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2016-07-19561 CITY OF OKEECHOBEE JULY 199 2016, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor July 19, 2016, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Reverend Jim Shevlin of Church of Our Saviour; Pledge of Allegiance to be led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. City Administrator Marcos MontesDeOca City Attorney John R. Cook City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen Finance Director India Riedel IV. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Proclamation calling for the 2016 City General Election. PAGE 'I OF 16 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the July 19, 2016, Regular City Council Meeting to order at 6:02 P.M. The invocation was offered by Father Jim Shevlin of Church of Our Saviour; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Present Calling the 2016 City General Election, Mayor Kirk read the following proclamation in its entirety for the record: "WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim and declare (continued) 5b7, JULY 19, 2016 - REGULAR MEETING - PAGE 2 of 16 AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED A. Proclamation calling for the 2016 City General Election continued V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 21, 2016, Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the June 2016 Warrant Register: GeneralFund.....................................................................$ 387,463.14 Public Facilities Improvement Fund ...................................$ 14,663.61 General Fund (Centennial Account) ...................................$ 1,880.00 Community Development Block Grant Fund (TMDL Grant) ......$ 7,827.20 Capital Improvement Projects Fund ...................................$ 11,983.50 Appropriations Grant Fund .................................................$ 136,033.36 Law Enforcement Special Fund .........................................$ 443.00 COUNCIL ACTION - DISCUSSION - VOTE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, for the purpose of electing the following officers to serve as such, for four years, beginning January 2, 2017, and ending January 4, 2021, following such election or until their successors are elected and qualified: TWO (2) CITY COUNCIL MEMBERS. Said GENERAL ELECTION shall be held on NOVEMBER 8, 2016, during the regular hours of voting, to wit: from 7:00 A.M. to 7:00 P.M.; and during the EARLY VOTING period as provided by State Law, to be held on OCTOBER 24, 2016, THROUGH NOVEMBER 5, 2016; to be held in the County polling or voting places within the Municipal Precinct(s), which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County." The proclamation was presented to Clerk Gamiotea. Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. There were none. Motion and second by Council Members Chandler and Watford to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of June 21, 2016. There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to approve the June 2016 Warrant Register in the amounts: General Fund, three hundred eighty-seven thousand, four hundred sixty-three dollars and fourteen cents ($387,463.14); Public Facilities Improvement Fund, fourteen thousand, six hundred sixty-three dollars and sixty-one cents ($14,663.61); General Fund (Centennial Account), one thousand, eight hundred eighty dollars and zero cents ($1,880.00); Community Development Block Grant Fund (TMDL Grant), seven thousand, eight hundred twenty-seven dollars and twenty cents ($7,827.20); Capital Improvement Projects Fund, eleven thousand, nine hundred eighty-three dollars and fifty cents ($11,983.50); Appropriations Grant Fund, one hundred thirty-six thousand, thirty-three dollars and thirty-six cents ($136,033.36); and Law Enforcement Special Fund, four hundred forty-three dollars and zero cents ($443.00); seconded by Council Member Ritter. There was no discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. JULY 19, 2016 - REGULAR MEETING - PAGE 3 OF 16 NO3 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VIII. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1135 by title only regarding Rezoning Petition No. 16-001-R, submitted by Jeremy LaRue on behalf of the property owners Dennis and Linda May Wilson, rezoning Lots 1 - 18, West -half of 19 of Block 13, NW ADDITION, located at 1000 NW 7th Court, from Holding to Industrial - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1135 by title only 2.a) Motion to adopt Ordinance No. 1135. b) Public comments and discussion. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:07 P.M. Council Member O'Connor moved to read proposed Ordinance No. 1135 by title only, regarding Rezoning Petition No. 16-001-R, submitted by Mr. Jeremy LaRue on behalf of property owners Dennis Ray Wilson and Linda May Wilson, rezoning Lots 1 through 18, and the West -half of Lot 19 of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Okeechobee County Public Records, located at 1000 Northwest 7th Court, from Holding (H) to Industrial (IND); seconded by Council Member Watford. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1135 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to adopt proposed Ordinance No. 1135. City Planning Consultant, Mr. Bill Brisson, Senior Planner of LaRue Planning and Management Services, addressed the Council explaining that the Planning Board reviewed Petition No. 16-001-R on June 16, 2016, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommends approval. The Planning Staff's findings were based on the following information: The proposed rezoning is consistent with the Comprehensive Plan. The City's Land Development Regulations do not specifically identify outdoor vehicle storage or the operation of a vehicle towing business as a permitted use in the IND Zoning District. However, it has been interpreted as qualifying as outdoor sales and storage, building contractor which is listed as a permitted use. The proposed use will not have an adverse effect on the public interest as the subject property is suitably located for an industrial use and its size is adequate to provide for appropriate buffering and screening from nearby residential uses. The subject property is located close to CSX railroad, buffering can be provided to cause the proposed use to be reasonably compatible with surrounding land uses and is not contrary or detrimental to the urbanizing land use pattern. Surrounding uses are: to the North is CSX railroad with IND Future Land Use and Zoning; to the East, the existing use is industrial in nature with an IND Future Land Use and Zoning; to the South and West are single family homes and vacant lots with a Single Family (SF) Future Land Use and Residential Single Family -One (RSF-1) Zoning. S JULY 19, 2016 - REGULAR MEETING - PAGE 4 OF 16 AGENDA Vill. PUBLIC HEARING CONTINUED A.2.b) Public comments and discussion for proposed Ordinance No. 1135, 16-001-R, continued, c) Vote on motion. B.1.a) Motion to read proposed Ordinance No. 1136 by title only regarding Abandonment of Right -of -Way Petition No. 16-001-AC, closing the East to West Alley between Lots 1 - 7 and 20 - 26 of Block 49, CITY OF OKEECHOBEE - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1136 by title only COUNCIL ACTION - DISCUSSION - VOTE The proposed use will not adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. There is nothing about the property that is so unique as to indicate that buffering, if needed, could not be accommodated. Planner Brisson suggests access to the property be provided by Northwest loth Avenue, which presently is unimproved, to ensure Northwest 7th Court remain primarily a residential roadway. The proposed use should not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use has not been inordinately burdened by any unnecessary restrictions. Mayor Kirk asked whether there were any questions or comments from the public. There were none. City Clerk Gamiotea reported twenty-one notices were mailed to surrounding property owners, two signs were posted on the property as well as advertised in the local newspaper. No objections or comments have been received to date. Mr. Jeremy and Mrs. Tabitha LaRue were present to address any questions. Council briefly reiterated the requirement to pave Northwest loth Avenue by the applicant and thanked them for making the improvements to the area. The Technical Review Committee (TRC), as part of approving the site plan enforces this requirement. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Chandler moved to read proposed Ordinance No. 1136 by title only, regarding Abandonment of Right -of -Way Petition No. 16-001-AC, closing the East to West Alley between Lots 1 through 7 and 20 through 26 in Block 49, CITY OF OKEECHOBEE, Plat Book 5, Page 5 Okeechobee County Public Records; seconded by Council Member Watford. VOTE: KIRK — YEA CHANDLER — YEA U'UONNOK — TEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1136 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COUR1 IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOF SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." JULY 19, 2016 - REGULAR MEETING - PAGE 5 OF 16 515 AGENDA VIII. PUBLIC HEARING CONTINUED B.2.a) Motion to adopt proposed Ordinance No. 1136. b) Public comments and discussion, proposed Ordinance No. 1136, 16-001-AC. c) Vote on motion. CA.a) Motion to read proposed Ordinance No. 1137 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Petition No.16-002-SSA, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., reclassifying Blocks 27 and 40; Lots 11 - 16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, CITY OF OKEECHOBEE, located at 500 NW 9th Street from Single Family and Public Facilities to Industrial - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1137 by title only COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members O'Connor and Chandler to adopt proposed Ordinance No. 1136. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Project Engineer Steve Dobbs was present on behalf of the applicant. Council Member Watford restated, as discussed at the first reading, the entire East/West alley is not being requested to be closed since the portion between Lots 8 to 10 and 17 to 19 are addressed for use by a long-term lease with Glades Gas dated June 14, 1977, expiring June 15, 2076. Petition No. 16-001-AC was reviewed by the TRC on April 21, 2016, and offered a recommendation of approval without conditions. The Planning Board reviewed the petition on May 19, 2016, and unanimously recommends approval, based on Planning Staff findings that the proposed abandonment is consistent with the Comprehensive Plan, it is not the sole access to any property and the remaining access is not an easement, it is in the public's interest and provides a benefit to the City, and finally it would not jeopardize the location of any utility. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to read proposed Ordinance No. 1137 by title only regarding Comprehensive Plan Small Scale Future Use Map Amendment, Application No. 16-002-SSA, submitted by Mr. Robert Gent, Registered Agent of Okeechobee Asphalt and Ready Mix Concrete, Inc. (property owner), reclassifying Blocks 27 and 40; Lots 11 through 16 of Blocks 28 and 39; together with a portion of Northwest 10th Street and Northwest 7th Avenue, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County Public Records, located at 500 Northwest 9th Street from SF and Public Facilities (PUB) to IND; seconded by Council Member O'Connor. VOTE: KIRK — YEA CHANDLER — YEA U'(:ONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1137 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL AND PUBLIC FACILITIES TO INDUSTRIAL (APPLICATION NO. 16-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOF CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 61P(P JULY 19, 2016 - REGULAR MEETING - PAGE 6 OF 16 AGENDA Vill. PUBLIC HEARING CONTINUED C.2.a) Motion to adopt Ordinance No. 1137. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to adopt proposed Resolution No. 2016-01 providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services - City Attorney (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members Ritter and O'Connor to adopt proposed Ordinance No. 1137. Planner Brisson addressed the Council explaining that the Planning Board, as the Local Planning Agency, reviewed Application No. 16-002-SSA on June 16, 2016, and found it to be consistent with the Comprehensive Plan based on the findings within the Planning Staff Report and unanimously recommends approval. The Planning Staff's findings: The application is specifically consistent with the Comprehensive Plan, Policy 2.2 and Objective 12 of the Future Land Use Element. Regarding adequacy of public facilities, the applicant has received letters from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand that would be associated with the proposed use as well as more intense industrial use of the subject property. In addressing solid waste, the County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. The proposed development will be required to meet the City and South Florida Water Management District's standards. In addressing roadways, the proposed use could not be expected to generate higher traffic levels than what could be expected under the current Public Facility designation. The property has been in urbanized use for decades and the applicant has provided basic information and mapping indicating that there are no environmentally sensitive areas, wetlands, or wildlife habitat for endangered species on the site. The application is found to be compatible with adjacent uses which are: to the North, some vacant lots with Multi -Family (MF) Future Land Use and Residential Multiple Family (RMF) Zoning; to the East, is vacant and a retention pond with MF and IND Future Land Use and RMF and IND Zoning; to the South, is Okeechobee Asphalt and Ready Mixed Concrete, Inc., with IND Future Land Use and Zoning; to the West, is mostly vacant with one residence, the Future Land Use is SF and MF and the Zoning is RSF-1 and RMF. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Project Engineer Steve Dobbs was present on behalf of the applicant. Council thanked Mr. Gent for the improvements to the area and for being a good neighbor by addressing issues with the neighboring residential areas as they arise. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 2016-01 providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services; seconded by Council Member O'Connor. JULY 19, 2016 - REGULAR MEETING - PAGE 7 OF 16 -%-T AGENDA VIII. PUBLIC HEARING CONTINUED D.1.b) Public comments and discussion for proposed Resolution No. 2016-01 c) Vote on motion. E.1.a) Motion to adopt proposed Resolution No. 2016-02 providing for the Residential Solid Waste Collection Assessment for Fiscal Year 2016-17 - City Attorney (Exhibit 5). b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Resolution No. 2016-01 by title only as follows: "A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. There were none. Fiscal Year 2015-16 annual cost apportioned among customers was $229.20. The annual cost increased to $230.64. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members Watford and Ritter to adopt proposed Resolution No. 2016-02 providing for the Residential Solid Waste Collection Assessment for Fiscal Year 2016-17. Attorney Cook read proposed Resolution No. 2016-02 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2016-2017; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. There were none. The total annual revenue to be collected by this assessment for Fiscal Year 2016-17 is $405,695.76. M JULY 19, 2016 - REGULAR MEETING - PAGE 8 OF 16 AGENDA Vill. PUBLIC HEARING CONTINUED E.1.c) Vote on motion to adopt proposed Resolution No. 2016-02. CLOSE PUBLIC HEARING - Mayor Kirk IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1138 by title only and set August 16, 2016, as a final public hearing date, regarding Rezoning Petition No. 16-002-R, submitted by Okeechobee Asphalt & Ready Mix Concrete, Inc., rezoning Blocks 27 and 40; Lots 11 -16 of Blocks 28 and 39; together with a portion of NW loth Street and NW 7th Avenue, CITY OF OKEECHOBEE, located at 500 NW 9th Street, from Public Facilities to Industrial - City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1138 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1138 b) Public comments and discussion. c) Vote on motion. KIRK — YEA RITTER — YEA COUNCIL ACTION - DISCUSSION - VOTE VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:24 P.M. Council Member Watford moved to read proposed Ordinance No. 1138 by title only and set August 16, 2016, as the Final Public Hearing date regarding Rezoning Petition No. 16-002-R, submitted by Mr. Robert Gent, Registered Agent of Okeechobee Asphalt and Ready Mix Concrete, Inc., (property owner) rezoning Blocks 27 and 40; Lots 11 through 16 of Blocks 28 and 39; together with a portion of Northwest loth Street and 7th Avenue, CITY OF OKEECHOBEE, Plat Book 1, Page 10, Okeechobee County Public Records, located at 500 Northwest 9th Street, from PUB to IND; seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1138 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Ritter to approve the first reading of proposed Ordinance No. 1138. Planner Brisson addressed the Council explaining that the Planning Board reviewed the application and found it to be consistent with the Comprehensive Plan and recommends approval. Future Land Use Map Application No. 16-002-SSA approved during the Public Hearing portion of the meeting is for the same property. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. JULY 19, 2016 - REGULAR MEETING - PAGE 9 OF 16 Elf AGENDA IX. NEW BUSINESS CONTINUED B. Motion to adopt proposed Resolution No. 2016-03 revising the Solid Waste Collection and Disposal Services Rates for Commercial customers - City Attorney (Exhibit 7). C. Motion to adopt proposed Resolution No. 2016-04, amending the Personnel Policies and Procedures Manual, and approving the special pay plan for accumulated annual and sick leave, and authorizing the City Administrator and Finance Director to execute an agreement with BENCOR to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida - City Attorney (Exhibit 8). COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members Watford and O'Connor to adopt proposed Resolution No. 2016-03 setting the Solid Waste Collection and Disposal Services Rates for Commercial Customers. Attorney Cook read proposed Resolution No. 2016-03 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2016-2017, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE: KIRK — YEA CHANDLER — YEA U'L;ONNOR — T EA RITTER — YEA WATFORD — YEA MOTION CARRIED. A revised copy of Exhibit 8 changing the name from "BENCOR" to "The Standard" throughout the document was distributed at the meeting as well as a draft of The Standard National Government Employees Retirement Plan Adoption Agreement 001, a Fee Estimate and Proposal to provide the City a 401(a) Plan. Motion and second by Council Members Watford and Ritter to adopt proposed Resolution No. 2016-04, amending the Personnel Policies and Procedures Manual, by approving the special pay plan for accumulated annual and sick leave, and authorizing the City Administrator and Finance Director to execute an agreement with THE STANDARD to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City. Attorney Cook read proposed Resolution No. 2016-04 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PERSONNEL POLICIES AND PROCEDURES; APPROVING A MANDATORY METHOD OF PAYMENT FOR ACCUMULATED ANNUAL AND SICK LEAVE; APPROVING A SPECIAL PAY PLAN TO DEPOSIT ALL AUTHORIZED ANNUAL AND SICK LEAVE UPON SEPARATION OF EMPLOYMENT WITH THE CITY OF OKEECHOBEE INTO AN INVESTMENT PLAN WITH THE STANDARD, AND AN AUTHORIZED FINANCIAL GROUP TO ADMINISTER THE FUNDS, ITS INVESTMENT AND DISTRIBUTION TO FORMER EMPLOYEES; PROVIDING FOR CONFLICT, PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to amend the motion to adopt proposed Resolution No. 2016-04 bV amending the title to delete the word "ALL;" seconded by Council Member Ritter. The amendment iE necessary since the plan requires employees who are retiring, terminating, or entering DROP to have accumulatec at least $500 in "Special Pay" (annual leave, sick leave) to participate. 5q 0 JULY 19, 2016 - REGULAR MEETING - PAGE 10 OF 16 AGENDA IX. NEW BUSINESS CONTINUED C. Motion to adopt proposed Resolution No. 2016-04, continued. D. Motion to adopt proposed Resolution No. 2016-05 implementing a non -ad valorem Fire Assessment including proposed rates for the assessment on property within the City Limits - City Attorney (Exhibit 9). COUNCIL ACTION - DISCUSSION -VOTE VOTE ON MOTION TO AMEND: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION TO AMEND CARRIED. Council Member Watford confirmed that this is a 401(a) Retirement Plan that will be issued using only funds from accrued annual and sick leave upon separation of employment with the City, or entering the Retirement DROP plan. When the benefit is paid, Federal Withholding, FICA and Medicare taxes are paid by both the employee and the City. However, by using this plan, the funds will transfer to Anders and Anders Financial Group who will be able to offer all options available to the employee at no charge. Finance Director Riedel explained a Request for Proposals (RFP) was not issued as she was not aware of any other companies who offer this type of service. The Okeechobee County School Board uses this company and plan. Mayor Kirk added he was familiar with the process, being a former School Board employee, and confirmed it can be very beneficial to employees with over 10 years and significant accrued leave. Discussion then turned to whether the proposed agreement addressed a cancellation clause. Attorney Cook and Administrator MontesDeOca were instructed to ensure language adequately addressing a cancellation clause is added before the agreement is executed. Mayor Kirk asked whether there was any questions or comments from the public. There were none. VOTE ON MOTION AS AMENDED: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED As AMENDED. Motion and second by Council Members Watford and O'Connor to adopt proposed Resolution No. 2016-05 implementing a non -ad valorem Fire Assessment including proposed rates for the assessment on property within the City Limits. Attorney Cook read proposed Resolution No. 2016-05 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION AND FUNDING OF FIRE PROTECTION SERVICES AND FACILITIES WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR THE IMPOSITION OF FIRE PROTECTION SERVICES ASSESSMENTS THROUGHOUT THE ENTIRE AREA OF THE CITY; ESTIMATING THE TOTAL AMOUNT TO BE FUNDED THROUGH IMPOSITION OF THE FIRE PROTECTION SERVICES ASSESSMENTS FOR FISCAL YEAR 2016-17; ESTABLISHING THE METHOD OF ASSESSING THE FIRE PROTECTION SERVICES ASSESSED COST AGAINST REAL PROPERTY SPECIALLY BENEFITED BY THE PROVISION OF FIRE PROTECTION SERVICES AND FACILITIES; DIRECTING THE ASSESSMENT COORDINATOR TO PREPARE A PRELIMINARY FIRE PROTECTION SERVICES ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED FIRE PROTECTION SERVICES ASSESSMENTS; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE." JULY 19, 2016 - REGULAR MEETING - PAGE 11 OF 16 5nl AGENDA IX. NEW BUSINESS CONTINUED D. Motion to adopt proposed Resolution No. 2016-05 continued COUNCIL ACTION - DISCUSSION - VOTE There was a Workshop conducted at 5:00 P.M. prior to this meeting to discuss this issue. Mr. Erick van Malssen of Burton & Associates (City Consultant) assisted the Mayor and Council in addressing the areas of the proposed Resolution to be completed. They are noted in bold and underlined: Page 5 of 11, Article II Notice of Public Hearing, Section 2.01, Estimated Fire Protection Services and Facilities Assessed Cost, paragraph A. The estimated Fire Protection Services and Facilities Assessed Cost to be recovered through Fire Protection Services and Facilities Assessments for Fiscal Year 2016-17 is $437,00.00. The estimated maximum Fire Protection Services and Facilities Assessed Cost to be recovered through Fire Protection Services and Facilities Assessment for subsequent Fiscal Years is 574 00.00. n D,..n 7 .,f 11 comn orfirin nnrnmmnh F AccPccmant Rates for Fiscal Year 2016-17 table: VI11 OIJV/ VI 11,.)ui,iv twi uv,v,N.ni.,..J.....'...-,.....---...-------------- Property Use Demand Assessment Allocated Assessment Assessment Category Percentage Allocation Units Unit Per Unit Residential 46.6% $ 243,637.00 2,054 Dwelling Unit 110.08 Non -Residential Parcels 49.2% $ 257,341.00 3,163,967 Square Foot $ .0 Vacant/Lot 4.2% $ 21,826.00 695 Per Vacant Lot $ 31.00 The next paragraph, "F" on same page/article as noted above, Assessment Rates for Fiscal Year 2017-18 and 0r _n i fnkln. VGy Vllu lu vll'. Property Use Category Assessment Unit Assessment per Unit Residential Dwelling Unit 144.00 Non -Residential Parcels Square foot $ 0.10 Vacant/Lot Per Vacant Lot 38.00 And finally, on page 11 of 11, Appendix B, Form of Notice to be Mailed, the third paragraph, second sentence is to read, "It is estimated that the City will collect approximately $437,000.00 from the fire protection services and facility assessment for Fiscal Year 2016-17," The next step will be to conduct a Final Public Hearing, scheduled for August 23, 2016, at 6:00 P.M. In order to do so, individual notices will be mailed by the consultants on July 27, 2016, but no later than August 3, 2016, to each property owner, with their specific information filled in as set out in Appendix B. Additionally, the City Clerk's Office will ensure an advertisement as set out in Appendix A will be published in the Okeechobee News on or before July 27, 2016. The City Council will take and consider public input on whether to adopt the Fire Assessment as well as other specifics such as identifying any properties to be exempted from the assessment (religious buildings were given as an example). 912 JULY 19.2016 - REGULAR MEETING - PAGE 12 OF 16 AGENDA IX. NEW BUSINESS CONTINUED D. Motion to adopt proposed Resolution No. 2016-05 continued E. Motion to approve Okeechobee Utility Authority's request to separate from the General Employees' Pension Trust Fund - City Administrator (Exhibit 10). COUNCIL ACTION - DISCUSSION — VOTE The Mayor and Council each noted their stand that the millage rate for Fiscal Year 2016-17 must be lowered in order for them to consider implementing the assessment. However, it was also explained, the millage rate must be addressed and adopted through the budget requirements (tentatively scheduled: Workshop on August 16, 2016, Public Hearings on September 6 and 20), and the fire assessment adoption addressed through separate requirements as noted in the previous paragraph. Mayor Kirk asked whether there were any questions or comments from the public. Mr. Jim Wrath, 2060 SE 9th Avenue, Okeechobee, appeared before the Council and asked whether it will be required for the property owners to be notified on an annual basis after adoption. He also asked whether the proposed rate had to start at 25 percent, could it start lower. He added he understood the use of the assessment in order to lower the millage, and using the assessment funds for managing a specific service. He further does not agree with using reserves to balance the budget. Mr. van Malssen replied that individual notices would not be sent. However, the same procedures used to adopt the annual Solid Waste Assessment (conducted earlier in this meeting) would be carried out for the annual adoption of the Fire Assessment, which require an advertisement in the local newspaper and a public hearing. The rate of 25 percent is a recommendation; the City Council can start it lower, so long as it is sufficient to generate the amount of revenue loss by the lowering of the millage rate. There being no further questions or comments, Mayor Kirk called for a vote on the motion to adopt proposed Resolution No. 2016-05. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Upon moving onto the next item, Clerk Gamiotea requested Mayor Kirk reconsider Resolution No. 2016-05 as the language within Appendix A and B erroneously list the Public Hearing to be held on August 16. Council Member Watford moved to reconsider adopting Resolution No 2016-05 and amend Appendix A and B to reflect the correct Public Hearing date be August 23, 2016; seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'GONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members Chandler and Watford to approve Okeechobee Utility Authority's (OUA) request to separate from the General Employee's Pension Trust Fund. JULY 19.2016 - REGULAR MEETING - PAGE 13 OF 16 5�3 AGENDA IX. NEW BUSINESS CONTINUED E. Motion to approve Okeechobee Utility Authority's request to separate from the General Employees' Pension Trust Fund continued. Motion to approve Project Authorization #4 to the Agreement for Professional Engineering Services with Culpepper & Terpening, Inc., for preparation of architectural construction plans for building improvements at City Hall for the first floor of the General Services and City Clerk's Office area and remodeling of the Fire Department Apparatus Bay Tie Beam for the Fire Station - City Administrator (Exhibit 11). G. Motion to approve an agreement with LAT & Associates, LLC for Grant Administration Services - City Administrator (Exhibit 12). COUNCIL ACTION - DISCUSSION —VOTE On June 14, 2016, Okeechobee Utility Authority Board considered and adopted Resolution No. 2016-03, which title reads: "A Resolution of the Okeechobee Utility Authority withdrawing from participation in the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System and adopting the Okeechobee Utility Authority Employees' Retirement System; authorizing the Executive Director to execute necessary documents; providing for repeal of conflicting resolution and providing an effective date." Based on this action, a Special Meeting of the City General/OUA Pension Board of Trustees was held on July 18, 2016. Trustees present were: Chairperson Jamie Mullis, Ms. Jackie Dunham, Mr. Robert Ellerbee, and Mr. Jose Santiago. Mr. Daryl Roehm was absent. The Trustees authorized Pension Attorney Christiansen to work with the City and draft the appropriate ordinance amending the Plan per the OUA Board request. Upon receipt of the ordinance from Pension Attorney Christiansen, the Council will consider adoption. VOTE: KIRK - YEA CHANDLER - YEA O'GONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. City Clerk Gamiotea advised the Council that this was Project Authorization #5 not Project Authorization #4. This along with some other minor typographical errors will be corrected in the original contract to be executed. Council Member Watford moved to approve Project Authorization No. 5 to the Agreement of Professional Services with Culpepper & Terpening, Inc., for preparation of architectural construction plans for building improvements at City Hall for the first floor of the General Services and City Clerk Offices area and remodeling of the Fire Department Apparatus Bay Tie Beam for the Fire Station; seconded by Council Member O'Connor. VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. At the February 2, 2016, Regular City Council Meeting, the Council approved to enter into contract negotiations as recommended by the Ranking Committee, with LAT & Associates, LLC, which was the only response received by the deadline. The Ranking Committee comprised of Administrator MontesDeOca, Executive Assistant Brock, Finance Director Riedel and Mayor Kirk met on January 29, 2016, for the purpose of reviewing and ranking the submittals received. LAT & Associates, LLC is owned by Ms. Lillian A. Tomeu and is a local company which Administrator MontesDeOca has worked with since 2005 on multiple grant projects. Council Member Chandler moved to award an Agreement with LAT & Associates, LLC, for Grant Administration Services, (RFQ No. 01-16); seconded by Council Member O'Connor. 50 JULY 19.2016 - REGULAR MEETING - PAGE 14 OF 16 AGENDA IX. NEW BUSINESS CONTINUED G. Motion to approve an agreement with LAT & Associates, LLC for Grant Administration Services continued. H. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 1002 NW 2nd Street, Nationstar Mortgage, LLC - Chief Smith (Exhibit 13). I. Renewal of Public Risk Management Group Health Insurance - Finance Director (Exhibit 14). COUNCIL ACTION - DISCUSSION - VOTE This is a one-year contract, allowing for two additional one-year renewals with mutual approval by the City Council and Ms. Tomeu. As pointed out by Council Member Watford, the difference in this agreement to that of the previous long-term one with Nancy Phillips & Associates is that the consultant gets paid whether or not the City is awarded the grant applied for. It was clarified during this discussion, and acknowledged by the Administrator that the consultant would be required to receive authorization from the City Council prior to applying for any grants. Council Member Watford also asked Attorney Cook whether mediation as a condition precedent to litigation as stated on page 8, Section 13.4 of the contract was a good idea. Attorney Cook replied typically the City has not had good experience with mediation. However, he did not offer a recommendation to remove or amend this language. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Watford moved to authorize City Staff to proceed with foreclosure procedures based on the recommendation of the Code Enforcement Board for Case No. 14-073, Lots 19 and 20 of Block 25, NORTHWEST ADDITION, Plat Book 1, Page 25, Okeechobee County Public Records, as presented; seconded by Council Member O'Connor. The vacant property is located at 1002 Northwest 2nd Street. The owner was cited as being in violation of Code Book Sections 30-43 Public Nuisances, and 30-44 General Cleaning and Beautification. Notices were sent on September 12, 2014 (signed by Charles Goodson on September 18, 2014), and November 14, 2014 (signed by Charles Goodson on November 20, 2014). On January 14, 2015, the Code Enforcement Board imposed a fine of $25.00 per day, which continues to date, and has an accrued total of $13,625.00 as of July 1, 2016 (Lien filed in Official Records Book 756, Pages 182, Okeechobee County). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Finance Director Riedel presented a health insurance renewal proposal from the current provider, Public Risk Management (PRM) Group Health Trust. The proposed premiums for Blue Options 3748 have increased by $66,140.00 (or 14.1 percent), largely due to the City's increase in claims for health coverage and prescriptions. The maximum the City's premiums can increase in any one year is six points over the group average. The Group average experience base rating is 9 percent (effective October 1, 2016). JULY 19, 2016 - REGULAR MEETING - PAGE 15 OF 16 616 AGENDA COUNCIL ACTION - DISCUSSION — VOTE IX. NEW BUSINESS CONTINUED I. Renewal of Public Risk Management Group Health Insurance City Staff reviewed other offered plans in an effort to minimize the City's increase in cost. Any cost savings to the continued. City would be directly shifted to the employee as an increase in co -pays, deductibles, and/or major provider list changes. In previous years, the City Council has not voted to move in that direction. J. Motion to approve the maximum millage rate for advertisement for 2016 Tax Notices in the amount of 8.9932 for Fiscal Year 2016-17 - Finance Director (Exhibit 15). Council Member Watford moved to approve a one-year renewal of the current Health Insurance Plan, Blue Options 3748 Group Health Insurance, with PRM Group Health Trust; seconded by Council Member Ritter. Additionally, Administrator MontesDeOca and Finance Director Riedel requested the City Council consider increasing the monthly portion contributed towards dependent health insurance premiums from $70.00 to $150.00. The City has not increased this benefit in over twenty years. Currently there are nine participants; the amount would result in an annual increase by approximately $7,560.00. Council Member Watford moved to amend the motion to approve a one-year renewal of the current Health Insurance Plan, Blue Options 3748 Group Health Insurance, with PRM Group Health Trust, and approve increasing the City's monthly benefit for dependent premiums from seventy dollars ($70.00) to one hundred fifty dollars ($150 00); seconded by Council Member Chandler. VOTE ON MOTION TO AMEND: KIRK — YEA CHANDLER — YEA U GONNOR — YEA RITTER — YEA WATFORD — YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED: KIRK — YEA CHANDLER — YEA U'UONNOR — YEA RITTER—YEA WATFORD—YEA MOTION CARRIED As AMENDED. Finance Director Riedel presented the recommendation of advertising the millage rate at the maximum allowed by Florida Statute. Using the Truth in Millage Process, this rate is calculated by the roll-back/roll-forward rate, plus one mill. Last year's millage was adopted at 7.9932. Once the tentative millage rate is set, the Council retains the authority to lower it through the budget process but cannot raise it once advertised. Council Member Chandler moved to approve the maximum Millage Rate for advertisement of the 2016 Tax Notices in the amount of 8.9932 for Fiscal Year 2016-17; seconded by Council Member Watford. VOTE: KIRK — YEA CHANDLER — YEA U'UONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. 91W JULY 19, 2016 - REGULAR MEETING - PAGE 16 OF 16 AGENDA IX. NEW BUSINESS CONTINUED K. Motion to approve the 2016-17 Budget Preparation and Millage Calendar setting workshop(s) to be held August 16, 2016 at 5:00 P.M., First Public Hearing September 6, 2016, at 6:00 P.M., and Final Public Hearing September 20, 2016, at 6:00 P.M., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida - Finance Director (Exhibit 16). X. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidenceCZappeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Cle7 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to approve the Budget Preparation and Millage Calendar for Fiscal Year 2016-17, setting a Workshop to be held on August 16, 2016, at 5:00 P.M. to review the proposed budget, First Public Hearing to be held on September 6, 2016, and the Final Public Hearing for adoption to be held on September 20, 2016, both at 6:00 P.M., located in the Council Chambers at 55 Southeast 3rd Avenue, Okeechobee, Florida; seconded by Council Member Watford. The above sessions will be held in conjunction with the regular City Council meetings. Should a second budget workshop be required, City Clerk Gamiotea is holding the Council Chambers for August 30, 2016. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'GONNOR — YEA WATFORD — YEA MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:43 P.M. The next regular meeting is scheduled for August 16, 2016. W Okeecho 107 SW 17th ANDEPENDENT Okeechobee, NEWSMEDIA INC. USA 863-7E STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a zhu-". 4 1 &h�� V-1 in the matter of l Yv�- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /6 Afl'iant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed be e me this day of AD Notary Public, State of Florida at Large ANGIE BRIDGES .? MY COMMISSION # FF 976149 EXPIRES:Apol20 202o rF Bonded ituu Notary P. j.,„_ _ J Nbk UfideMT119B PUBLIC NOTICE CITY COUNCIL MEETING NOTICEIS HEREBY GIVEN that the CRy Council for the City of Okeecho- bee will conduct a regular meeting on Tues, 7uty 19, 2036 , PM, or as soon thereafter as possible, at Gty Hall, 55 SE 3rd Ave, R. fW Okeecho- bee, FL The public is invited and encouraged to attend. The agenda may be obtained from cityofokeechobee.com or by calling the Office of the City Administrator, 863-763-3372 x212. ANY PERSON DECIDING TO APPEAL any decision made by the Oty Council with respect to any matter considered at this meeting v" need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerks Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or Rem to the Council in support or opposition to any Rem on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. 8yy: Mayor James E. IOrk 476870 ON 7/I3/Z016 7- 91 CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 J U LY 19, 2016 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER ' Mayor: II. OPENING CEREMONIES: July 19, 2016, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Jim Shevlin, Church of Our Saviour; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Police Chief Denny Davis Fire Chief Herb Smith Public Works Director David Allen Finance Director India Riedel IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Proclamation calling for the 2016 City General Election. V. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 'I OF 5 VI. VII. July 19, 2016 PAGE 2 of 5 MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the June 21, 2016 Regular Meeting. WARRANT REGISTER — City Administrator A. Motion to approve the June 2016 Warrant Register. General Fund $387,463.14 Public Facilities Improvement Fund $ 14,663.61 General Fund (Centennial Account) $ 1,880.00 Community Development Block Grant Fund (TMDL Grant) $ 7,827.20 Capital Improvement Projects Fund $ 11,983.50 Appropriations Grant Fund $136,033.36 Law Enforcement Special Fund $ 443.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No. 1135 by title only regarding Rezoning Petition No. 16-001-R, submitted by Jeremy LaRue on behalf of property owners Dennis and Linda May Wilson, rezoning Lots 1-18, West -half of 19 of Block 13, NW Addition, located at 1000 NW 7th Court, from Holding to Industrial — City Planning Consultant (Exhibit 1), b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1135 by title only. 2.a) Motion to adopt Ordinance No. 1135. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read proposed Ordinance No, 1136 by title only regarding Abandonment of Right -of -Way Petition No. 16-001-AC, closing the East to West Alley between Lots 1-7 and 20-26 in Block 49, City of Okeechobee — City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1136 by title only. 2.a) Motion to adopt Ordinance No. 1136. b) Public comments and discussion. c) Vote on motion. July 19, 2016 PAGE 3 of 5 VIII. PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION CONTINUED C.1.a) Motion to read proposed Ordinance No. 1137 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Petition No. 16-002-SSA, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., reclassifying Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street from Single Family and Public Facilities to Industrial — City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1137 by title only. 2.a) Motion to adopt Ordinance No. 1137. b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to adopt proposed Resolution No. 2016-01 providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services — City Attorney (Exhibit 4). b) Public comments and discussion. c) Vote on motion. E.1.a) Motion to adopt proposed Resolution No. 2016-02 providing for the Residential Solid Waste Collection Assessment for Fiscal Year 2016-17 — City Attorney (Exhibit 5). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING — Mayor Kirk IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1138 by title only and set August 16, 2016, as a final public hearing date, regarding Rezoning Petition No. 16- 002-R, submitted by Okeechobee Asphalt & Ready Mix Concrete, Inc., rezoning Blocks 27 and 40; Lots 11 to 16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street, from Public Facilities to Industrial — City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1138 by title only. July 19, 2016 PACE 4 of 5 IX. NEW BUSINESS CONTINUED A.2.a) Motion to approve the first reading of proposed Ordinance No. 1138. b) Public comments and discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 2016-03 revising the Solid Waste Collection and Disposal Services Rates for Commercial customers — City Attorney (Exhibit 7). C. Motion to adopt proposed Resolution No. 2016-04, amending the Personnel Policies and Procedures Manual, and approving the special pay plan for accumulated annual and sick leave, and authorizing the City Administrator and Finance Director to execute an agreement with BENCOR to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida — City Attorney (Exhibit 8). D. Motion to adopt proposed Resolution No. 2016-05 implementing a non -ad valorem Fire Assessment including proposed rates for the assessment on property within the city limits — City Attorney (Exhibit 9). E. Motion to approve Okeechobee Utility Authority's request to separate from the General Employees' Pension Trust Fund — City Administrator (Exhibit 10). F. Motion to approve Project Authorization #4 to the Agreement for Professional Engineering Services with Culpepper & Terpening, Inc. for preparation of architectural construction plans for building improvements at City Hall for the first floor of the General Services area and remodeling of the Fire Department Apparatus Bay Tie Team for the Fire Station — City Administrator (Exhibit 11). G. Motion to approve an agreement with LAT & Associates, LLC for Grant Administration Services — City Administrator (Exhibit 12). H. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 1002 NW 2nd Street, Nationstar Mortgage, LLC — Chief Smith (Exhibit 13). Renewal of Public Risk Management Group Health Insurance — Finance Director (Exhibit 14). J. Motion to approve the maximum millage rate for advertisement for 2016 Tax Notices in the amount of 8.9932 for fiscal year 2016-17 — Finance Director (Exhibit 15). July 19, 2016 PAGE 5 OF 5 IX. NEW BUSINESS CONTINUED K. Motion to approve the 2016-17 Budget Preparation and Millage Calendar setting workshop(s) to be held August 16, 2016 at 5:00 p.m., First Public Hearing September 6, 2016 at 6:00 p.m., and Final Public Hearing September 20, 2016 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida — Finance Director (Exhibit 16). X. ADJOURN — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, July 19, 2016 meeting Minutes taken during the meeting by L. Gamiotea I. CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on July 19, 2016, at 5:(C P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was given by Reverend Jim Shevlin, Church of our Saviour; the Pledge of Allegiance led by Mayor Kirk. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk -Present Council Member Noel Chandler Present Council Member Mike O'Connor .%Present Council Member Gary Ritter Present Council Member Dowling R. Watford, Jr. -,Present City Attorney John R. Cook Asent, �- City Administrator Marcos MontesDeOca -,Present City Clerk Lane Gamiotea /Present Deputy City Clerk Bobbie Jenkins ,/Present Police Chief Denny Davis VQ4:esent Fire Chief Herb Smith Present Public Works Director David Allen VPresent Finance Director India Riedel ;,Present IV. PRESENTATIONS AND PROCLAMATIONS — Mayor W" A. Proclamation calling for the 2016 City General Election -C"WHEREAS, under and by v"irfue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida =, State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and (� WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby proclaim and declare that a General City Election is to be held by the duly qualified electors of the City of Okeechobee, Florida, for the purpose of electing the following officers to serve as such, for four years, beginning January 2, 2017, and ending January 4, 2021, following such election or until their successors are elected and qualified: Two (2) City Council Members. Said General Election shall be held on November 8, 2016, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the Early Voting period as provided by State Law, to be held on October 24, 2016, through November 5, 2016; to be held in the County polling or voting places within the Municipal Precinct(s), which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of General City Election, I have hereunto set my hand as Mayor of the City ---_ of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 19th day of July, 2016." V. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Page 1 of 19 VI. MINUTES — City Clerk A. Motion and second by Council Members ti and to dispense with the reading and approve the summary of Council Action for the June 21, 2016, Regular Meeting. Discussion: I1ow VOTE: KIRK — YEA CHANDLER — YEA 0_'CONND — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED , VII. WARRANT REGISTER - City Administrator A. Council Member ) moved to approve the June 2016 Warrant Register in the amounts: General Fund, ($387,463.14); Public Facilities Improvement Fund, ($14,663.61); General Fund (Centennial Account), ($1,880.00); Community Development Block Grant Fund (TMDL Grant), ($7,827.20); Capital Improvement Projects Fund, ($11,983.50); Appropriations Grant Fund, ($136,033.36); and Law Enforcement Special Fund, ($443.00); seconded by Council Member _ . Discussion: nCMe - KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MrTION CARRIED , Page 2 of 19 VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE AND RESOLUTION ADOPTION AT Ld P.M. A.1.a) Motion and Second by Council Members Mn and to read proposed Ordinance No. 1135 by title only regarding Rezoning Petition No. 16-001-R, submitted by Jeremy LaRue on behalf of property owners Dennis and Linda May Wilson, rezoning Lots 1-18, West -half of 19 of Block 13, NW Addition, located at 1000 NW 7th Court, from Holding to Industrial — City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CON ^YE RITTER — YEA WATFORD — YEA OTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1135 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-001-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." A' 2.a) Motion and second by Council Members I+y �— and to adopt proposed Ordinance No. 1135. b) Public comments and discussion. ` n Lit truj�)�- 1 �"'t C g LNo mis 6r -b�3, <:4v appUtoA& yt� Ko- 4_'ki nLis ,4 kX pcua, LOha4 do M hat�t -ML eU_L)4_W(v,1a, c) Vote on motion. VOTE: KIRK — YEA RITTER — YEA CHANDLER — YEA WATFORD — YEA O'CON — A /"MOTION CARRIED. Page 3 of 19 B.1.a) Motion and Second by Council Members t�� and LJ to read proposed Ordinance No. 1136 by title only regarding Abandonment of Right -of -Way Petition No. 16-001-AC, closing the East to West Alley between Lots 1-7 and 20-26 in Block 49, City of Okeechobee — City Attorney (Exhibit 2) b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA (OTION CARRIEJ). c) Attorney Cook read proposed Ordinance No. 1136 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members and NO., to adopt proposed Ordinance No. 1136. b) Public comments and discussion. P Cud ha-D GZ UVO 4ik L0 -4 S S i a 6 ao- 40 cu 4AH� /1,5 Id 011)� &, S-tq-16 cam rx�� a flwc ,ca c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA TIOk RRIED. y Page 4 of 19 C.1.a) Motion and Second by Council Memberand _ to read proposed Ordinance No. 1137 by s title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Petition No. 16-002- SSA, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., reclassifying Blocks 27 and 40, Lots 11-16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street from Single Family and Public Facilities to Industrial — City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'C0N�NQ�R — Y__EA� RITTER — YEA WATFORD — YEA OTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1137 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL AND PUBLIC FACILITIES TO INDUSTRIAL (APPLICATION N0. 16-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members and to adopt proposed Ordinance No. 1137. b)(��,,P��u�nblic comments and discussion. �l/�q� UUCk, s ��' P � L�'vt41.(,ryU� S�j� 1��� `��( `�f' �"� �(,[C`�/l�%U�k",�" '0�` U U Ler / (6.10 4ppravd, ix) h 6 �4w ut hm QJUV--'3t 144A-, Pkv� w�k,- ojIN' 4-D LA c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O' NNOR — YEA OTION CA� RRIEEll. Page 5 of 19 Vftw D.1.a) Motion and Second by Cou cil Members and to adopt proposed Resolution No. 2016-01 providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services — City Attorney (Exhibit 4). b) Public comments and discussion. P A14 -? -1Jo/)Lu C'-7 � - -1�- - jvn 44-u- 0(- 411vW! C04 ftff6(hj)Ved alITIOY11 AAfTJAr-t5 wos 229,2o, �i5 Fp s �ec�s '+��P� fi a d a v► + �9 eu larn�rs will �t 2-31, bo c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O' ONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CAR Page 6 of 19 E.1.a) Motion and Second by Co ncil Members and to adopt proposed Resolution No. 2016-02 providing for the Residential Solid Waste Collection Assessment for Fiscal Year 2016-17 — City Attorney (Exhibit 5). b) Public comments and discussion.0,0 J lvw-O,L +C�w � q 0s, 0,3. 7 � c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA !'" 'MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. Page 7 of 19 IX. NEW BUSINESS A.1.a) Motion and second by Council Members and to read proposed Ordinance No. 1138 by title only and set August 16, 2016 as the final public hearing date regarding Rezoning Petition No. 16-002-R, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., rezoning Blocks 27 and 40; Lots 11-16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street, from Public Facilities to Industrial — City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CO . — EA RITTER — YEA WATFORD — YEA -MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1138 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-002-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members (� . and to approve the first reading of proposed Ordinance No. 1138. b) Public comments and discussion. �Jl �1i qt W P(ol u�r�u �)Ptt c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA —MOTION iA Page 8 of 19 B. Motion and second by Council Members and NO to adopt proposed Resolution No. 2016-03 revising the Solid Waste Collection and Disposal Services Rates for Commercial Customers — City Attorney (Exhibit 7). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA �OT10N CARRIED. Page 9 of 19 C. Motion and second by Council Members --Dw and to adopt proposed Resolution No. 2016-04, amending the Personnel Policies and Procedures Manual, and approving the special pay plan for accumulated annual and sick leave, and authorizing the City Administrator and Finance Director to execute an agreement with BENCOR to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida - City Attorney (Exhibit 8). VOTE, C IJ ML; ttW Ps AwMbVD KIRK — YEA CHANDLER — YEA O'CONNOR_-.YEA ---. RITTER — YEA WATFORD — YEA MOTION CARRIED.JI eK, I � 'ate `` rru �4 4-L d, - V(* t CW °N mo w *,'� cb'�pc�' � �SChoa.Q bd acjrw ruic, P �FP G�eu-(d av� l�- t) aqt WL&u- Aa& /* 6-r'v� dz� NJ - ou �tff aY7 O,OW- ' �� CAL -,&VW Aty Cozens m t�x,s� pcc Page 10 of 19 D. Motion and second by Council Members and ty)c to adopt proposed Resolution No. 2016-05 implement a non -ad valorem Fire Assessment including proposed rates for the assessment on property within the city limits — City Administrator (Exhibit 9). VOTE: KIRK — YEA CHANDLER — YEA ' — RITTER — YEA WATFORD — YEA MOTION CARRIED. -`-bw - 0�cu L4 Moo h nu 4(03000.00 pt , $1y3,85 R,tAduwx4 � 3fs.09 ✓a.camcf- J^ . oc 41 35'A 4- rtdact MUD o1016S(.J—&7- �CuA(-1Qn,e,�,� 1�o C�nn� }�u Publt,h, o% (Z,k- a5°a 7 f�`4 do a) Page 11 of 19 cm m f�- E. Motion and second by Council Members and �(� to approve Okeechobee Utility Authority's request to separate from the General Employee's Pension Trust Fund — City Administrator (Exhibit 10). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. P --\ ,, dro-�4 au �a Page 12 of 19 P OV4 F. Motion and second by Council Members 'W and to approve Project Authorization #5 to the Agreement for Professional Engineering Services with Culpepper & Terpening, Inc. for preparation of ar'hitecTural construction plans for building improvements at City Hall for the first floor of the General Services area and remodeling of the Fire Department Apparatus Bay Tie Beam for the Fire Station — City Administrator (Exhibit 11). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA ff:OT 004 CARRIED. Page 13 of 19 G. Motion and second by Council Members and M0 to approve an agreement with LAT & Associates, LLC for Grant Administration Services — City Administrator (Exhibit 12). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'C — YEA WATFORD — YEA MOTION CARRIED: OixA- Page 14 of 19 H. Motion and second by Council` Members DU and to consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 1002 NW 2nd Street, Nationstar Mortgage, LLC — Chief Smith (Exhibit 13). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. kv* H-073 Ls+S pB-P6:_ Page 15 of 19 *%v✓ I. Renewal of Public Risk Management Group Health Insurance — Finance Director (Exhibit 14). VOTE: ON YVtUnmw 6nP`- KIRK — YEA CHANDLER — YEA O'CONNOR — YEA - -.- RITTER — YEA WATFORD — YEA C 10T10_N CARRIED:- - r\ V,) Rrso i u,+cv\�� Cc�rre�v.il,� I^a.ue �1 �r�(�, wj SpQust, G�c�re,� d-/er �'errru� �K- r� Cer�mQrd v�exco�,x� x1 q 8q PU 104(k., - c4d A; 0, k W(� Page 16 of 19 i J. Motion and second by Council Members - and to approve the maximum millage rate for advertisement for 2016 Tax Notices in the amount of 8.9932 for fiscal year 2016-17 - Finance Director (Exhibit 15). - VOTE: KIRK - YEA CHANDLER - YEA O' - YEA RITTER - YEA WATFORD - YEA Q:MOTION CARRIED. Page 17 of 19 K. Motion and second by Council Members and to approve the 2016-17 Budget Preparation and Millage Calendar setting workshop(s) to be held August 16, 2016 at 5:00 p.m., First Public Hearing September 6, 2016 at 6:00 p.m., and Final Public Hearing September 20, 2016 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida — Finance Director (Exhibit 16). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA _. A MOTION CARRIED.'� Page 18 of 19 X. ADJOURN meeting @ —7''q�5p.m. Page 19 of 19 City of Okeechobee, July 19, 2016 meeting Minutes taken during the meeting by B. Jenkins I. CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on July 19, 2016, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation was given by Reverend Jim Shevlin, Church of our Saviour; the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present-' Council Member Noel Chandler Present/ Council Member Mike O'Connor Present Council Member Gary Ritter Present ✓ Council Member Dowling R. Watford, Jr. Present. - City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present✓ City Clerk Lane Gamiotea Present,, Deputy City Clerk Bobbie Jenkins Present,, Police Chief Denny Davis Present ✓ Fire Chief Herb Smith Present./ Public Works Director David Allen Present./ Finance Director India Riedel Present/ IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Proclamation calling for the 2016 City General Election - "WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; and WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. NOW, THEREFORE, 1, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby proclaim and declare that a General City Election is to be held by the duly qualified electors of the City of Okeechobee, Florida, for the purpose of electing the following officers to serve as such, for four years, beginning January 2, 2017, and ending January 4, 2021, following such election or until their successors are elected and qualified: Two (2) City Council Members. Said General Election shall be held on November 8, 2016, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the Early Voting period as provided by State Law, to be held on October 24, 2016, through November 5, 2016; to be held in the County polling or voting places within the Municipal Precinct(s), which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County. IN TESTIMONY AND WITNESS of the foregoing Notice of General City Election, I have hereunto set my hand as Mayor of the City of Okeechobee, Florida, and caused the corporate seal of said City to be affixed, and attested to by the City Clerk, this 19th day of July, 2016." V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Page 1 of 19 VI. MINUTES — City Clerk /��,,,�,�i IUb A. Motion and second by Council Members U'l.C.t / and to dispense with the reading and approve the summary of Council Action for the June 21, 2016, Regular Meeting. Discussion: Ob VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. VII. WARRANT REGISTER C't Ad inistrator - A. Council Member moved to approve the June 2016 Warrant Register in the amounts: General Fund, ($387,463.14); Public Facilities Improvement Fund, ($14,663.61); General Fund (Centennial Account), ($1,880.00); Community Development Block Grant Fund (TMDL Grant), ($7,827.20); Capital Improvement Projects Fund, ($11,983.50); Appropnat n Gr nt Fund, ($136,033.36); and Law Enforcement Special Fund, ($443.00); seconded by Council Member l . Discussion: No RU VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Page 2 of 19 VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANWADESOLUTION ADOPTION AT10:61 P.M. A.1.a) Motion and Second by Council Members 0lgnbY and o read proposed Ordinance No. 1135 by title only regarding Rezoning Petition No. 16-001-R, submitted by Jeremy LaRue on behalf of property owners Dennis and Linda May Wilson, rezoning Lots 1-18, West -half of 19 of Block 13, NW Addition, located at 1000 NW 7th Court, from Holding to Industrial — City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1135 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-001-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a Motion and second b Council Members y %r and to adopt proposed Ordinance No. 1135. b) Public comments and discussion. ,dill /�rissrm� fr. P.Qinew' telio - twalfivtlsly &nd �ostS/ ni dwPre&fl9t' T)Gv— end fv grmyiele ktAve�� `us offense DU!- Whaf do Ay Yaw plus. If1Do- Ynusl hOW 7b �010 6eFare T,�G QW- uohn� bdqd69j a&W1op1ne1774- aFroad) CAR-1o�9-berm maurtf � c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Page 3 of 19 B.1.a) Motion and Second by Council Memberss!(u► &/ and to read proposed Ordinance No. 1136 by title only regarding Abandonment of Right -of -Way Petition No. 16-001-AC, closing the East to West Alley between Lots 1-7 and 20-26 in Block 49, City of Okeechobee — City Attorney (Exhibit 2) b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1136 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DAT/�yE..,,",, 2.a) Motion and second by Council Members Q3y and U�od&-to adopt proposed Ordinance No. 1136. b) Public comments and discussion. ow— �rhan c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 4 of 19 C.1.a) Motion and Second by Council Members Whk and O*fid to read proposed Ordinance No. 1137 by title only regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Petition No. 16-002- SSA, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., reclassifying Blocks 27 and 40; Lots 11-16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street from Single Family and Public Facilities to Industrial — City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1137 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL AND PUBLIC FACILITIES TO INDUSTRIAL (APPLICATION NO. 16-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members 4��r and to adopt proposed Ordinance No. 1137. b) Public comments and discussion. kill hnssd-�- sr pywour upafilftUsly wled DW_ 115 less inffiv ihan oak �W s* Dobbs - "swer ahy qucu�ms DGtI- Zrf1l1� uP� �'n9�Qlse �d��1�J �my 4W— 00W�r�atJJ6 �n ,Par�dsca�e. c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA RITTER — YEA WATFORD — YEA mww ho- reatoed no O'CONNOR — YEA MOTION CARRIED. Page 5 of 19 D.1.a) Motion and Second by Council Members and to adopt proposed Resolution No. 2016-01 providing for the Collection and Disposal Services of Residential Solid Waste customers and establishing a Preliminary Rate Assessment for services — City Attorney (Exhibit 4). b) Public comments and discussion. Ina d Drd�n � b y f � �� a� l� C✓�h� �� DUB' 701S V,t 0751A OF Gv#7 &rhwn - 09- f way' ale�D�r "C/ ��r Dit�"P,i1CP � R - l2SS ik2/9 ,# //0 . c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 6 of 19 E.1.a) Motion and Second by Council Members U and NIX to adopt proposed Resolution No. 2016-02 providing for the Residential Solid Waste Collection Assessment for Fiscal Year 2016-17 — City Attorney (Exhibit 5). b) Public comments and discussion. hod b� * AI Ow &0k) c) Vote on motion. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT &4-7 P.M. Page 7 of 19 IX. NEW BUSINESS 6*X A.1.a) Motion and second bypCouncil Members ��(j��r� andto read proposed Ordinance No. 1138 by title only and set August 16, 2016 as the final public hearing date regarding Rezoning Petition No. 16-002-R, submitted by Okeechobee Asphalt and Ready Mix Concrete, Inc., rezoning Blocks 27 and 40; Lots 11-16 of Blocks 28 and 39; together with a portion of NW 10th Street and NW 7th Avenue, City of Okeechobee, located at 500 NW 9th Street, from Public Facilities to Industrial — City Planning Consultant (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1138 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Memberslmd/ff and �Ar to approve the first reading of proposed Ordinance No. 1138. b) Public comments and discussion. pli 6msm -� 5/vfT b/a4- c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 8 of 19 B. Motion and second by Council Members and Nwto adopt proposed Resolution No. 2016-03 revising the Solid Waste Collection and Disposal Services Rates for Commercial Customers — City Attorney (Exhibit 7). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. �w /� h � ( � (imn "k) ,OW _ �P�MY 7�) .Iasl IR- hduc170 It, w�`- Page 9 of 19 C. Motion and second by Council Members and to adopt proposed Resolution No. 2016-04, amending the Personnel Policies and Procedures Manual, and approving the special pay plan for accumulated annual and sick leave, and authorizing the City Administrator and Finance Director to execute an agreement with BENCOR to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida — City Attorney (Exhibit 8). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. hod bq Me Aly 06hn 4a) 4 Sao Minimum 2 �R- Ih agram&J-, J�- ftffid Tee 6 dele-t �v "rd A-1 1VP&d�� d } a.�td �i�le vhp ��ied X= */A lR Ues . '2 PW- ,t�mP r�asd)� C�/h u�° �1# his Warn � m� � V `-S� d0, actua�iy s{�-�rd �ils in sf��oFRo TN� ml�- School bid uses- Qriraao� /��/� IMP1'�s . lR- l,�ddersf�mdr� Y�y ha.� wed a �O�a� f�-�ov �. MOO- /S )67 a ��PI'�a1�ah C�lacfs�cud�df�i�,�sv�uu>ier�� MOO - assumP!W Prrw a� G m�r,4 Pofic� a�' �a�raCraha1 Page 10 of 19 ig- l�dcn outpaaJ uk ,dekrmGla �a�r?ev� edN Odd %2m� �( vku�d �✓cka. �i ld'a�ar. 4W �C4G /MYP C1U7n�7f1lGFi ���inellldhrM yaw CAddtd DW- marl N¢cw G GaHo�cf helarF QKeeu/�n9�Dnfracf �l� �hm� fo �alct Qump dam /ndra — 3-9 aPa�(s �rn ,n besf mznt Co. D. Motion and second by Council Members Q and to adopt proposed Resolution No. 2016-05 implement a non -ad valorem Fire Assessment including proposed rates for the assessment on property within the city limits — City Administrator (Exhibit 9). VOTE: KIRK — YEA CHANDLER —YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. dad h#Pal)DMJ- d0h Wlt� mro yes 143.95 6s 410-bs per, - 38, 0 9 VOW4- jr GUra* 26mo sc qAhy 5yrs - Was sherd l� senn�- u�d� �ncrea�s naafi. wa�lS�o 1� �urU ss " aware. 574,000 2oZI buy %1J& 05 hWP 6' (fe to 23rd Page 11 of 19 E. Motion and second by Council Members and to approve Okeechobee Utility Authority's request to separate from the General Employee's Pension Trust Fund — City Administrator (Exhibit 10). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA O'CONNOR — YEA MOTION CARRIED. Page 12 of 19 Motion and second by Council Members ICJ d and to approve Project Authorizatio #5 o the Agreement for Professional Engineering Services with Culpepper & Terpening, Inc. for preparation of arc itectural construction plans for building improvements at City Hall for the first floor of the General Services area and remodeling of the Fire Department Apparatus Bay Tie Beam for the Fire Station — City Administrator (Exhibit 11). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Page 13 of 19 WOW G. Motion and second by Council Members and to approve an agreement with LAT & Associates, LLC for Grant Administration Services — City Administrator (Exhibit 12). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. f �(— Fee Schedule 093 — 0111� pp�d iF lUe Ci0 C�1�' �J C— l�.ad bad.P�a�� �u�y��at�im� ragcures �na,l�ci� �v�cow'-� m00- C►c� am tr QlzCh �lcvYtf U2d �. Page 14 of 19 t H. Motion and second by Council Members and to consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings on property located at 1002 NW 2nd Street, Nationstar Mortgage, LLC — Chief Smith (Exhibit 13). VOTE: KIRK — YEA CHANDLER — YEA O'C-GNNOR - YEA l RITTER — YEA WATFORD — YEA ( MOTION CARRIED. / DW-111o�� 69. r8p0d ? �in� c�+us Rdop+ Ordinances rxawtdakSurxegU.evt+ "01 ot�m¢rs u 0, Wd Va of PA- Ws'tk) Page 15 of 19 V I. Renewal of Public Risk Management Group Health Insurance — Finance Director (Exhibit 14). KIRK — YEA RITTER — YEA W06d bw IgPln Inacase. VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. ZR- s�l�'-�nSure� insurance �rrrau.p� ���n PRm by-lau�s �niy �p�t�e us L��/o ��ostards�remium %rc�Qena�n�-earem�2. e�- ��ScJ►x�C,+a.�,a�cls Mo�or- pasoa[k� mhv We arm and ra.«e -b �i5o AW fm�ft I filer Page 16 of 19 J. Motion and second by Council Members and W"to pprove the maximum millage rate for advertisement for 2016 Tax Notices in the amount of 8.9932 for fiscal year 2016-17 — Finance Director (Exhibit 15). KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA O'CONNOR — YEA WATFORD — YEA MOTION CARRIED. ow- mop? a �����5,, -��.�� as �Gq % rimer Page 17 of 19 K. Motion and second by Council Members andA"Lo approve the 2016-17 Budget Preparation and Millage Calendar setting workshop(s) to be held August 16, 2016 at 5:00 p.m., First Public Hearing September 6, 2016 at 6:00 p.m., and Final Public Hearing September 20, 2016 at 6:00 p.m., all to be held in Council Chambers at 55 SE 3rd Avenue, Okeechobee, Florida — Finance Director (Exhibit 16). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Page 18 of 19 X. ADJOURN meeting @11 , p.m. im Page 19 of 19 Ukeechobee, GENERAL CITY ELECTION WHEREAS, under and by virtue of the provisions of the Charter and the Elections Chapter 26 of the Code of Ordinances for the City of Okeechobee, and Florida State Laws, it is the duty of the Mayor to proclaim and call General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued by a Proclamation, at least 90 days prior to the date of holding of such election, signed by the Mayor and attested by the City Clerk; WHEREAS, such Proclamation shall specify the office or offices to be filled, the cause of the vacancy of such office or offices, and the date of the expiration of the terms of such office or offices; and WHEREAS, the City Clerk shall publish the Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week, prior to the week in which the General City Election will be held. W, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby proclaim and declare that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, for the purpose of electing the following officers to serve as such, for four years, beginning January 2, 2017, and ending January 4, 2021, following such election or until their successors are elected and qualified: Two (2) CITY COUNCIL MEMBERS Said GENERAL ELECTION shall be held on NOVEMBER 8, 2016, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m.; and during the EARLY VOTING period as provided by State Law, to be held on OCTOBER 24, 2016, THROUGH NOVEMBER 5, 2016; to be held in the County polling or voting places within the Municipal Precinct(s), which have been established by the Supervisor of Elections and Board of County Commissioners for Okeechobee County. TESTIMONY AND WITNESS of the foregoing hereunto set my hand as Mayor of the City of Okeech of said City to be affixed, and attested to by the Cit7l( Notice of General City Election, I Florida, and caused the corporate E. Kirk, Mayor CMC, City Clerk Exhibit 1 ORDINANCE NO. 1135 July 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-001-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Jeremy LaRue, Authorized Representative for Dennis Ray Wilson and Linda May Wilson, property owners, has heretofore filed Petition No. 16-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 2.25 acres from Holding (H) to Industrial (IND) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on May 19, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 2.25 acres, as the subject property, located in the City of Okeechobee, to -wit: LOTS 1 THROUGH 18, INCLUSIVE AND WEST ONE-HALF OF LOT 19, OF BLOCK 13, NORTHWEST ADDITION TO OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Holding (H) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1135 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (No. 16-001-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 215t day of June, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1135 Page 2 of 2 general Services Department Fee Paid: Q I b.$q OL440 7x(Jurisr",:tion: P6a-0C, 66 S.E. 3`dAvenue, Room 101 15 Hearing: AJa (C•��61(p 2" F�.,.,,ring: (�.. I -Itp C I'1-lq-lla Okeechobee, Florida 34974-2902" J Publication Dates: �7Cn �o i1 ✓e) Phone: (863) 763-3372, ext. 218 Notices Mailed: 51LI I i cn Fax: (863) 763-1686 Fes. -�•i s -•r.-nz:-?:•-- _ -r•-.:z'r '.ii:-<•sn.-. - 'cy;•;'^=re:; -^.?;,r.=_s- �:rry^--- ,- z:� =Rezone` S ecial -k ton and=; c P �� p.. r ?Variance } s � Sri �.L... :?;.:•!.ram tiy.s..'�APPLICA�N INF.O;RIVIA;fIOON_ . ' ] 1 Name of property owner(s): L j S V-NY LO 11-12W, t 1-14D t9 Wh V llfz-So/11 2 Owner mailin address: � g 1Ioa, nllc� CT C)�-e h FL 3�I��7 3. Name of applicant(s) if other than owner EgCm y L A2uL 4 Applicant mailing address: t-')p kleede be-F` q 9 17.3 E-mail address: -T`0T/jL_ O/a LAC S VT C Lr -o7/r�A�� 5 Name of contact person (state relationship):. 6 Contact person daytime phone(s): �(�3 _ (Q3�, t-� OS FRO:PERTYsINFORMA�TIONr Property address/directions to property. 6a'Ac e, O(�' 7 / � W ~l "C� orex-c o-Br-C FL `fit, Describe current use of property: 8 Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. 9 VAC -AN 1 Source of potable water: Method of sewage disposal: 10 Approx. acreage: ; , D. 5- Is property in a platted subdivision? Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: 12 Is a pending sale of the property subject to this application being granted? F5 Describe uses on adjoining properlyto the North: 1rcp ES 13 North: P-Pi -V-ORV East: 31:1v30VSITRX-INL H� South: S- c-:"E v�F�Ks West: LDa*A�S W-L-SCr4 S N� L--=- ►-AT 14 Existing zoning: Future Land Use classification: S� 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? C2 No C___)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (_X_) Rezone Special Exception U Variance 17 Parcel Identification Number: -- Ill _3 5-- OI too - oo iz of U (Rev 09114) Page I of 11 M V _V ' � ,' REQUIREDAT^TACHMENTS � `' Applicant's statement of inte e t in property: pub QV '�" �/� 2- 18 Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: 22 a. Certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre `O- 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) '24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. (Rev 09/14) Printed Name Date Zt-'r-, k - _Qq relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 Page 2 of 11 A Current zoning classification: 14o ( J `yS Requested zoning classification Describe the desired permitted use and intended nature of activities and development of the property? Is a Special Exception necessary for your intended use? (_) No U Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (_>d No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportatign engineer, if the rezoning or t for the most similar use as proposed use will generate 100 or more peak hour vehicle trip ends using the trip gener 'VD.m. E contained in the Institute of Transportation Engineers most recent edition of TripGene atI e IA must identify the An. number of net new external trips, pass -bay calculations, internal capture calculations, m. peak hour trips and level of service on all adjacent roadway links with and without the project. IF] Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) %CSC It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 09/14) Page 6 of 11 Findings required f^r rezoning or change in land developmer+ regulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09/14) Page 7 of 11 Findings for Rezoning or Change in Land Development 1. The proposed change in zoning appears not to be contrary to the Comprehensive Plan requirements as it would, if noted, make the area consistent with the adjacent zonings and usages. 2. The proposed usage of an industrial parking area would be consistent with the proposed industrial zoning. The LDR's would allow for the parking and storage of vehicles and large truck parking overnight. Currently the adjacent areas utilize the surrounding areas as large truck parking as well. 3. There are no foreseeable adverse impacts on the rezoning to industrial. The industrial as stated is zoned to the east of the property and north. The proposed is adjacent to the railroad corridor as well. The buffer from the rail would also allow for the non -consistent zoning on this property. 4. The proposed industrial usage is appropriate as it is in the industrial corridor along the rail spur. The area surrounding the zoning change would also allow for a better usage in the rail road corridor. 5. There are no adverse effects of property values. In fact, it is anticipated the property and surrounding area would potentially increase the adjacent values. The living conditions with an existing truck usage and adjacent usages and related zoning appears not to have any adverse effects as well. 6. The site from the east is separated from the industrial usage by a large drainage ditch, to the north by the rail and a drainage ditch, and to the south by the roadway. The west is owned by the applicant as well. 7. The local change in zoning from the usage of traffic would be greatly reduced from the existing multifamily zoning. The traffic projected from then residential single family district would typically be 5 trips per day per unit; 100 peak hour, while it is anticipated usage is less, the peak hour generated traffic would be considerable less. Anticipated traffic is less than 15-20 peak hour trips including employees. 8. Traffic congestion, due to the projected reduced trips would be less than the existing. The flooding and drainage concerns would also be alieved as the project area would fall under a site plan submission for development. 9. The property has not been inordinately burdened by unnecessary restrictions. 55 SE 3rd Avenue o- Okeechobee, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): ����� S ✓ 1 LS�� L EN D 1) (,J,Z LSON Mailing Address: f r� ! L c Home Telephone: Work: ��(E3 - ;�i _ 7J l 3C), Cell: m Property Address: Parcel ID Number: Name of Applicant: S -- i--M Y L O WG Home Telephone: `6(v7 - �,-bq _T)ViFork: Cell: 9, The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said properly. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF- 20 OVINER61 WITNESS OWNER WITNESS Before me the undersigned authority personally appeared the owner(s) named above who upon being duly sworn acknowledged before me that they are the owner(s) of the real property described above and that they executed the power of attorney for the purpose stated therein. Sworn and subscribed this rday of 1 20 Notary Publi)xp' �� �U//[!,�> SEAL, DANA M. THOMAS ?�4Irl P�e`� ; Notary Public State of Florida Commission es: gg2560 RT- My Comm. Expires Mar 31, 2020 Bonded through National Notary Assn. �6d; (Rev 09/14) Page 5 of 11 Petition No. Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held underthe same ownership as, the lands subjectto the application for a change in land use orzoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of _ APK- _ ! , r_;�of (n and the Assertions -made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this I day of f ) 90 / (v S'g an ure of Applicant Date f Z-t' Kl.i(� Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this I day of �Ri%/ 1 . (�/ 01tO . Personally known to me or produced F106d a_ hriyns [lC n&identification and did not take an oath. Notary Public, State of Florida ,�,*W P.% Notary Public State of Florida Patty M Bumette My Commission EE 216356 Expires 10/02/2016 (Rev 09/14) Page 3 of 11 m m m TT m N N n an O O ON O V am O on V N h. O M 0 0 0 O N M n O N 0 ¢f O M 0 0 0 o V N m O n O V O N 0 0 0 N N V' N N O O N O N N M N N O N O N 0 0 0 O m m m m N N M M M V' V N N N N m N m N N N N N Cl) N Umcom cone nnnnnn mmonnnmm� M V' V 'IrM m m m m m m m m m m N m m m m M m a m m M m V V V' V v V V V' A A m V' V' V' V' N V (� M Cl) M co Cl) M Cl) Cl) M Cl) Cl) M M m Cl) Cl) Cl) M M M M V)U-LL LL LL LL fn LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL W W W W W W W W W W W W W W W W W W W W W W J W W W W W W W W O .J W W W W W wQQQ¢mmm� mmmmmmmm?�mmmm m �F FFF-OOOz000000000 z0000z0 a<ncgcnvJxxxOpxxxxxxxxWOxxxxOM Z W W W W o U U O Z o U o U U U U U m m U o o U F- o } D D 7 D W W W Y Q W W W W W W W W H Y W W W W Z W F C1' o o o W W W o ..] W W W W W w W W 2 o W W W W W W UhlFW-FW-I--o00-00000OOOOCL ;0000�0 n ii tl p cr w O Cl) U U 0 0 U M U W > F- > m F- � F- F- F- Q 0 0 > F- F- F F- ¢U¢Fmv�a�cnUv�x�z}¢U UmU r ��op�xx O xx xxx�-- Qmxx F-2=x N NNNF-F-�wr F- a=F-�F-m 2w F-F-t,- (nVvv Vr_nrW n�Fn nrF-W W rnn F'n W0000�zzawzcwi��zzzz�w��zzzwz mmmmZ V' V mMZMM V'OZ wz rN W M 0000 O N o O o m o co m o O o n n v w r `- o W o O r cp O O n O r O m m O 0 0 0 a s arL a m M M m r M m m Q n r w } U w¢ w w ¢ W� wz m Z ¢ ww U C9 F Q p H �Q w a = a Q Q, w J J'JJw� ZO W W F- W O J_U qjz W Q J J_, _, a7F O�WmZ U < W�WJ~p Z Z Z Z U Q~ p Z xcn ¢ U a W j W gggg w F-�- 1- as¢ ¢w°W 2ia5U) FEL }2 K W pnSU U U{-J W Q 0D-, ZZ.j-UEx ¢�}Z ~O >> p p J- Q M o o -t wQQ t1 Z z z z z z W Z W LL a O O v~j g 0 v0i �2"�-I ZwUOWzw>-§ oww ��KpOO�OwWJj-W W tL W W x x w w 5 U J w, Q Q w O Q x WW_ C Q mcpmmc�oUc�Upwwu_c9c9���v�F-��3�>- 000o00o0Ooaa00OoaOoO00000 m M M n VM m N M m M m O m O m M m r M O O O r O r O ' r r O r r 0 0 0 0 0 r 0 O O O O O O O O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O M O 0 0 0 0 0 M c0 [p m m M r M M m M m M m M M M O m m M `Q n M 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 o co 000000 0 0 9999999999 0 0 0 o O O o 0 o O O o 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 comMmmmcoco mM mmMm m0mcocnm M 0 0 0 ¢ 0 0000000000000000000000000 v,cncr,cr,cncococi,u,coci,ci,c6v,c6cn6c6cAci,d md,ci ci, M M M (? m M M M cM M m m c? c? c? c? M M M c? m M c? c? c? r` ri h n ri t` t- ri ti t` n n n n n n n n n t-- n n n n n M M m M m M M M M M m M M M M M M M m M M M m M m cri co co co co co 0 co ui co m v, co co co co t i ro m m co co co in m rrrrrrrrrrrrr�rnrrrr. . . . ..tr�rrr. . M OKEECHOBEE COUNTY PROPERTY AP"RAISER'S OFFICE VV.C. I_" SHERMAN, PROPERTY APPRAISER GI S / MAPPING DEPARTMENT ^41,i •o+��Y�Ac �. �i,''� �: y1'`�rq,J+�z� r� } 3 �z _ Legends, mg ip Z. „•� '„s4 x', f y A { g ��ri w4n Yc�i r W r +;'A -a#/ z. '.� �` g r ''IS��4 'i�":�� % F. �k;�TM� 'L ✓.Rr� ".i`.,r,•n+.rK �� i .T .pP; . •fti' i . s. 4 �` £ t �t .,. {`.'...4� i L'4 l Y ,A, ��.� o' M d."•y2 xS ?, ,.*,� A_• 77v.,•. e! 7c, x + N {I Y gi T `•' Enka �.�s `�.v r••� s '�.`4:: m A� i �1L S ; a � �'X �� hr ✓� 3 3 'ak �Dk i V Y iU -:P e a� rtam ' _ �is -1 �'' r:' t ."i• i L T� n j t a , zX •.d .$ 1 ggn Drawn By: RUSS DUNCAN CFE, AGRICULTURE / MAPPER THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT Date: 4/l/2016 x s E ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON -*r- o(, v ! lI�I!! IIIII Illll �llll full fl!!I 111! lIll FILE NU11 2015010666 OR BK 767 PG 1116 SHARON ROBERTSONr CLERK OF CIRCUIT COURT Prepared by and return to: OKEECHOBEE COUNTYr FLORIDA Patricia A. Ragon RECORDED 11/20/2015 M27s52 Att AMT $20000.00 Legal Services RECORDING FEES t1B.5i1 Clear Title & Le g DEED DOC $140.00 200 NW 5th Street RECORDED BY M P i non Okeechobee, FL 34972 P9s 1116 - 1117 i (2 P9s) 863-824-6776 (Space Above This Line For Recording Quit Claim Deed This Quit Claim Deed made this 19th day of November, 2015 between Joe H. Baker, a married man and William Jason Tomilinson, a single man whose post office address is 2599 NW 16th Boulevard, Okeechobee, FL 34972, grantor, and Dennis R. Wilson and Linda M. Wilson, as joint tenants with the right of survivorship whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives. and assigns of individuals. and the successors and assigns of corporations, trusts and trustees) Wituesseth, that said grantor, for and in consideration of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to. the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots I through 18, inclusive and the W 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-16-37-35-0160-00130-0010 Grantor Joe H. Baker warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida. This is vacant land.. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime,v Book767/Page1116 CFN#2015010666 Page 1 of 2 Signed, sealed and delivered in our presence: Wifiess Name: j j E �p/�{f Joe H. Baker Witness Name:lljljeol�l (Seal) ►lliam Jason Tomlinson State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this I q-Pd y of November, 2015 by Joe H. Baker and William Jason Tomlinson, whoV-Z'are personally known or [X] have produced a driver's license as identification. [Notary Seal] �� �� Heather Edwardson �--J Notary Public (�MMISSION i Ff125216 }}---- . ` EXPIRES: May 21, 2018 Printed Name: a I F'1-��1' G W a ►— of p� ► ► 1 WWW,AMONNOTARY.COM My Commission Expires: ma Ouil Claim Deed - Pape 2 DoubleTimev Book767/Page1117 CFN#2015010666 Page 2 of 2 t` O O _ O � a 0) a) E N O T m o a) N o N c c ._ E 0 a) c c rn a`) m 3 C o �' E o a) c Mn o .c E m L J o cn a� m o0 W p LL cu m m W 1 C C .-� d 0 a) U Q Q. 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I ( / / \ \ \ \ coLD E \ $ q F- < Lu < \ / o \ k C \ C / L. \LLJ ° J # \ ƒ R / <[ c uj < Q / 5 ,cu cm § \� % f / \ \ $ § / g k 2i 2 - E & 3 > / f / k \ £ / < 1 % / \ / S / ® J \\ E §§ - : CL ƒ7\z ©&< / a& - Q u A ƒ / co / )\f/ \ = z : � 0 6 - \\{ ƒ f§#> eke & % [§ k ze= ® k&&2/ 2 Eoc /§8 [ a 0 o- -a • ) / \)\\ « �/§ � ;—I E § \ \ - q kca \ 7 �A « L) - E20 \ �� \\¥{/5 c82 cu _ /\,,2 cr\/ == < �ƒ /§§ ®�® ®`®«27 ao> o 2/§ E2M/ea \ < m� 2 z o y S e e$ w - u_a± c 22_ 2:a�aG 2 ®u 2 \ƒ#/\/ ®� i[a) \ 2 L eo± o®%aea / 2 // / u /§®®gym e 2e <a-raE < & . � > > 4 Cl- g119 mynu{t^ Pack�� STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of — 11411.11,f4l, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 7 ao / 6 A1liant 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 afliant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to andbscribed be re me this rr day of _�2 d b AD Notary Public, State of Florida at barge n _ . j ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES:Apr! 20, 2020 r Boll()YUNotary PuUr.UfidOIWTI%re Okeecho(a34974 �r 107 SW l7th S1 C'Okeechobee, Ln 863-76 0 NOTICE OF ZONING CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Jul. 19, 2016, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance Into law: No. 1135: AN ORDINANCE OF THE CRY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CRY OF OKEE- CHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PAR- TICULARLY DESCRIBED HEREIN, FROM HOLDING TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-001-R); AMENDING THE ZONING MAP ACCORDINGLY• PROVIDING FOR CONFLICT, PRO- VIDING FOR SEVERABIL W; PROVIDING FOR AN EFF� DATE The Ordinance is regarding Rezoning Petition No. 16-001-R, submitted by Jeremy LaRue, authorized representatwe of property owners, Dennis and Linda Wilson, located ated ggTT5low for an outdoor storage lot for a tow- OD00 NW 9th Street, and is approximately 2.25 13, NORTHWL F DITION,�PIAT to (BOOK lO, AGE 25, PUBLIC UF OF IRECORDSOF OF OKEECHOBEE COUNTY, FL All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the ppublic at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AMi:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence uppoon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- N this proceeding, contact the city aerKs Office no later than two business Rays prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council In support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the City Clerk for the Cityls records. 476781 ON k G miotea, CIVIC Exhibit 2 ORDINANCE NO. 1136 -July 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received Abandonment of Right of Way Petition No. 16-001-AC from the property owners, Charles H. Paschal and Frank DeCarlo, for the closing of a certain alleyway as described in this ordinance; and WHEREAS, the Technical Review Committee for the City of Okeechobee reviewed and discussed proposed Abandonment of Right of Way Petition No. 16-001-AC at a duly advertised public meeting held on April 21, 2016, and recommends approval without conditions; and WHEREAS, Petition No. 16-001-AC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on May 19, 2016, determined such petition to be consistent with the Comprehensive Plan, and recommends approval; and WHEREAS, the City Council reviewed Petition No. 16-001-AC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: THE 20 FOOT WIDE ALLEYWAY RUNNING EAST TO WEST LOCATED BETWEEN THE SOUTH BOUNDARY OF LOTS 1 TO 7 AND THE NORTH BOUNDARY LINE OF LOTS 20 TO 26 WITHIN BLOCK 49, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. SECTION 2: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: This ordinance shall be set for Final Public Hearing the 191h day of Jam, 2016, and shall take effect immediately upon its adoption. Ordinance No. 1136 - Page 1 of 2 INTRODUCED for Firs Reading and set for Final Public Hearing on this 2 day of June, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19`h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1136 - Page 2 of 2 CITY OF OKEECHOBEE PAGE 1 ABANDONMENT OF RIGHT-OF-WAY PETITION General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X Z18 Fax. 863-763-1686 PETITION NO. 16 -WI-hO Application fee (non-refundable) Date Fee Paid: a - a —I to Receipt No: LI T(p TRC Meeting- Publication Date: Letters Mailed: N�Fl $600.00 Note; (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional C consultant is hired to advise the city on the application, the applicant shall pay the actualfiPCity s. PB/BOA Meeting: n Publication Dates: 5- t' Letters Mailed: ET14 I 1 U City Council 15t Reading: a I- Ito CMR Letter E-mailed: Council Public Hearing: -�^ I� Publication Date:110 Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch.177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLATTHEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20-26. OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non -conformities and will correct an existing non -conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. PAGE 2 PETITION NO. I b-ool- �C Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal@cent-ral.com ners) daytime phone(s): 772-370-5218 Fax: y Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information X Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) x Site Plan of property after abandonment. (No larger than 11x 17) Survey *_ Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment, (See attached sample letter) III Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Frank DeCarlo ()oC Printed Name Date Charles H. Paschal Signature Printed Name Date PAGE 2 PETITIONNO. Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owners) e-mail address: CPast-hal@central.com Owner(s) daytime phone(s): 772-370-5218 Fax: y I Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. . X Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. X List of all property owners within 300' of subject property (See Information Request X Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Survey X Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE; If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment (See attached sample letter) 4 1 Confirmation of Information Accuracy I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Frank DeCarlo Signature Printed Name Date Charles H. Paschal Dal 1 Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: _ _ .�, _ 4 - mot;" ?l;•, - __ _ __ . Pro � osed•;vacati n;�fs eonsistent�vtnth5the Com_ rehens,<, e� ' r L - - -- •- __ ___-- —__.. ___1_ ----- - _v Plan <-��.�.�.._„ ._: �, � : �,. This block is non -conforming due to the railroad right-of-way to the south, which have taken the southern portion of the south parcels in this block. The historic T alley as in the block to the north has been abandoned on the parcel to the immediate west of this parcel. With the abandonment to the west, this left a dead end alley on the parcel in question. This abandonment will not create any non -conformities and will correct an existing non -conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. Ri litofwa:.to be3�acateci{is•• = "> flieisole_,accessjto.an, _roe ande;remamm LN` :i .� ji:T...^1•��'_^^:S<.nii,,�=-r ���j�..- ;,.�sti�.'rSrz-.t.'t��c';c..+—;tg,"•=^„y`;�%?=yr.'=c'�;'ir.. �-'_r access tsnot-an,easement=�= This Alley is not an access to any parcel. The road right-of-way to the east where this alley ends is not developed, so this parcel does not provide access to any adjacent parcel. +a _ - - y:r � :_ �rar_ ^`s r.j: T•--�a>r -.; . -r.T•: _ �i:> � 1 ��:-- —^;-- ' �a:�'.,�: .:.� 3�P:ro` __ ron��ts:.iritle� iib]i'ci`nterest�;and;"��roiides�a�benefy�••= ;� •�,_;��{:�-+�,-��_r•<�'�<--,�, There is probably not discernable public interest served by abandoning this alley, however, this alley that realistically serves no purpose would be added back to the City's tax rolls, which is in the City's interest and benefit. �4zeP O�� _ _; F,, s�.:;�:,; � :�.:.-�.-:=-z.;- ;_:�-tit-, ;... ��rza;-=�Yi��.:..:p ��,-� r �>. �:c�_,rr.:��-. 7' :;:^�'s�^sue �;c�_;.c�r.--: ;--•.,.. _,_,'�osed,�acatioriw,,�ould�,riot. eo"a_rdize�the�loc_ati_on_of�an:,„utili ' �; `,�«�;L-� irr�_ �yr`.• '���� .; There are currently no utilities located in this alley and with the abandonment of the western portion of this alley, access to utilities has been severed from any potential connection to utilities in the future. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee (/We Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1-7 and North 40' of Lots 20-26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: (insert the legs/ description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and att ch Sunbiz.com information) Signature of Property Owner Signature of Property Owner Frank DeCarlo Printed Name STATE OF Florida COUNTY OF Charles H. Paschal Printed Name The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me or who produced identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No as (Name of Notary typed, printed or stamped) STATE OF Florida COUNTY OF 31401v' The foregoing instrument was acknowledged before me this iC.tP , a C f Obe'r by Charles H. Paschal (date) , who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) ( ry Public n ure) JAMIE CHRISTEN GORE Commission No._Lt I q NOTARY PUBLIC STATE OF FLORIDA Comm# FF148896 (Name of Notary typed, printed orVamped) Expires 8/7/2018 ALLEY AND70R STREET CLOSING CONSENT TTER TO: City of Okeechobee I/We, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signinq the letter of consent) own the following property: City of Okeechobee Lots 1-7 and North 40' of Lots 20-26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) S(nature of Property Owner Frank DeCarlo Printed Name STATE OF Florida COUNTY OF / Signature of Property Owner Charles H. Paschal Printed Name The foregoing instrument was acknowledged before me this oC`-(, �C)1,5 (date) by Frank DeCarlo :who�is ersonally know�to e r who produced identification and who did (did not) take oath. (Seal) ( t ry Public signature) as LORY A EDWARDSommission �p /6 A CNo. MY COMMISSION #FF015618 'oFt o�O` EXPIRES May 7, 2017 YJ -Ig (407) 39B•0153 FloddallolaryService.com (Name of Notary typed, printed or stamped) ID hrrinted fef EaveyM� Tllte Guaranty Fund,Otiondo, FTortdo, TNi Fmtrvmsnl tyros pnpand'b'yt gib too n sale. wq gItL L l aty *ed (STA111101fFOW—SECTION M.Ot FS.) rATx Bsnca, FtaeJnA ss4to 1U41S lorittttrr. •Made IN, day of Januaty,• .' ig 77 , WrtiDtia' . I' M L. StWM, T%wtee under an tnreo=ded Trust Agreweit pursuant to.Sectiw 669.071 Florida Statulxsc and deed re=6r d in Official Rtoord Bode 160, Page 8¢3,'PUblic D3mr&,• Umbdribee Oxmty, Florida. I . of the Covnly of ClaMCHOEER State aI'•' PIDRUA , grantor!• and JmEs B; i.aGn and f3mum if. PASCiiAL whore poll office ada ns i, . of the County of OK0013M Stott of MDRIIYt :. . graMeee, f ;WItlrfi8tth. Thal said grantor, for and in comfderallon of t6i sum of $10a00 I TEN 'AM M/10 tars, and •othia good and valuable conddsiotiont to iaid grantor in hand paid by sold grantee, tht• receiptwhereof is hereby • ccr{ngjWged^JwI grmted, bargained ond'sotd to the an1n._a'nd,granhe'% heirs and o,ipnt forever, the following. - G�'>b3YrM and being In Qa•P.[33C��. .County, Florida, to -wits U> > ca CG- =cJ C Io..W 1 W lots 1 tiau 7 inclusive, &A th© Barth 40 -feat of • oc w m lots 20 eirTi.26i Indbaive, Block 49; 'Tate OP O=MM, , aoo.dincq to the •plat thgi�eof rtaconded in Plht Sock 1L, W ' V Page 10 of the pittil:ic roonrda adee t of 0mtohcimty,• ilorida: O uOCt1WM N1A1tY..�.. - 'iilJ')Ev I ,' `'.:G'�s•:-'.. • rr := t:OF hEVer ME == S U R IAX p[t �,; ; Imo= m FEOR►Dn _ r •e'Ji .•. ;• ,ter• =tactCID � o OD • • and said grantor doe, hrnby fully warrant the lute to said land, and will defend the some against the lawful cicims of all ' persons wiwmsoever. - ' ^Gronbc° and "grant"" ore used for singular at plural, ai contest nauiris. , Sit iii(ttfrae Mharaf. Grantor has htnunto set grantors hand and seof tbe,duy and yeoi first aboss wam. ' St. ssoitd and &fi in.our pnMMer • d%y%it�isc?� (5-1) 'Tntrsts n■ ,.frm�nn(rT (SwI( - - man STATE OF FlDiiflkl ' COUNTY 6F QaMa I. HERESY CERTIFY that an 1Ns day lotion me, an officer duty auaGGsd to lots banorledgmtnn, personalty c"ned • HIOC L. MM1T4'Tustm as aforesaid . • to me tmwm to be tM panbn drscnbed in and wbo esecvsed the foregarp ImtmmtM and acknowledged before me that he eatwed it. same. ' WITNESS, my pond and olt'dcA-sial In the County and5we lost aloreso of January 19 Z77. ..::.:1. . GGs� 't �llxcbmm40on'v.pinlr .- GGG •��s<.r✓ . -Notar. �, MIUu>crldllK SiAROf llAtf»t ATlisQ • ", J,`.'IIT001rK4T(CtcWltiiOR.ritf00- •. .�• ;C s1101�1T1U LBtlhi ►a. Ut7(tyrUTitS - s• INDEXED & VERIFIED DIRECT iIIIIIIIII�IIIIIIIIIIIlU11►tlllllllllllllllll luum►uu Instrument Prepared By and Return to: Law Office of CASSELS & McCALL Post Office Box 968 Okeechobee, Florida 34973 (863) 763-3131 File No: 2176 I Parcel No: FILE t 1 20070040V4 C)R 13K 14,0626 F•G 0474 FROBERTSOHr CLERK E t; OF CIRCUIT COURT OEECHD COHr RECORDED 03/19/2007 04e38:49 Pit RECORDIIIG FEES 18.50 DEED DOC 350.00 RECORDED EY tt P i non Fss 0474 - 475; (2pss) (Recording Information Above) 3-15-37-35-0010-00490-0010 3-15-37-35-0010-00490-0070 nbf-`our14 3-15-37-35-0010-00490-0020 nc fout,d 3-15-37-35-0010-007bW11AIMDEED - aUPi rIIJ�'nji THIS QUIT CLAIM DEED executed this . day of December, 2006, by MARIAH LEA KIGHT, first party, to FRANKDeCARLO whose postoffice address is: 405 Southwest Second Street, Okeechobee, Florida 34974; second party. (Whereverusc0crcin, the tcrats "cast party" and "second party" shall include singular and plural, heirs, legal rcprescnlatives and assigns of individuals and the successors and assignsofeorporatioas, whereverthe cwnl"tso admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: ALL OF LOTS 1 THROUGH 7 AND THE NORTH 40 FEET OF LOTS 20 THROUGH 26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SUBJECT TO restrictions, reservations and easements of record, if any. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the resence of: � 0 Lp( Q � 0 Printed Name of Witness 12176-70767.WPn1 Book626/Page474 CFN#2007004094 Page 1 of 2 WLTN�ss 1 Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The fore oing instrument was acknowledged before me this A41 day of December, 2006, by MARIAH LEA HI HT ff who is personally known to me, or ❑ who has produced as identification. K [ NOTTA�',YLPUBL/IAC ram/ J 1' I�clJelrl �1 v U" 1 Print d Name fitness -My Commission Expires: NOTARYPURI IC -STATE OF FLORIDA Kimberly Bush -`Comissi mon#DD564181 Expires: JULY 31, 2010 IT IS HEREBY CERTIFIED THAT WE HAVP"'$UN'1Rv IIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. 12176.70767.WPD] Book626/Page475 CFN#2007004094 Page 2 of 2 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: Illlf!' '�INl�ll�lll�lgllilf�llllIIIII��Illlll FIL' hIUN 20:LOO:LO612 OR P-K 013692 PG j3r)96 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 10/05/2010 03:59:06 PM ANT 10.00 RECORDING FEES $18.5o DEED DOC $0.70 RECORDED BY R Parrish P9s 0096 - 97; (lass) PERSONAL REPRESENTATIVE'S DEED THIS PERSONAL REPRESENTATIVE'S DEED executed this day of September, 2010, by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, first party to FRANK DECARLO, a single man, whose post office address is 405 SW 2nd Street, Okeechobee, Florida 34974, second parry all of the right title, and interest in and to the real property located in OKEECHOBEE County, Florida. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of Florida, to wit: AN UNDIVIDED ONE-HALF INTEREST IN ALL OF LOTS 1-7, AND THE NORTH 40 FEET OF LOTS 20-26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLICRECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) Being all of the estate's interest in said real property. This property is commercial and does not constitute the homestead of the first party. Subject to covenants, restrictions, easements of record and taxes for the current year, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. [4437-85306.WPD] Book692/Page96 CFN#2010010612 Page 1 of 2 Personal Representative's Deed Estate of James B. Kight to Frank Decarlo TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: W SS D CARLO, as Personal Rep sent ive of the Estate of JAMES B. Printed name of Wi ess KIG ,deceased. STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this _1� day of September, 10, by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KiGHT, deceased, who is personally known to me or ❑ who has produced as identification. " VIRGIWAS.WOOD j•; My EXPIRES:Aupus114,2014 �Y, BawedTtvuNotaryWbNcUndmwrkys My commission expires: Scrivener's Note: This instrument was prepared from information provided to us by one or more of the parties hereto. We do not guarantee ownership, marketability of title, accuracy of the legal description or quantity of land described as we did not examine the title to the property involved. [4437-85306.WPD] Page 2 of 2 Book692/Page97 CFN#2010010612 Page 2 of 2 ALLEY ANMOR STREET CLOSING CONSENT —LETTER TO: City of Okeechobee The undersigned, FLO-GAS CORPORATION, owns the following property: Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; and does hereby consent by its execution below, to the closing of the alley and/or street described as follows: A portion of the 20 foot wide alley, running East and West through Block 49, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said portion being bounded as follows: Bounded on the North by the South line of Lots 1-7 of said Block 49; Bounded on the South by the North line of Lots 20-26, of said Block 49; Bounded on the East by a line running from the Northeast corner of Lot 26 to the Southeast corner of Lot 1 of said Block 49; and Bounded on the West by a line running from the Northwest corner of Lot 20 to the Southwest corner of Lot 7 of said Block 49. Containing 0.17 acres more or less. FLO-GAS CORPORATION, a Florida corporation By: Print Name ,� �- (o vl ej o Lp43- As its: 71 r o — STATE OF FLORIDA COUNTY OF PALM BEACH The fore oing ins ment wap ac owledged before me this a "� day of March, 2016, by 'L , as of FLO-GAS CORPORATION, who is personally known to me or who produced M ;11-e_� 1jC�_3 -r— as identification and who did (did not) take an oath. (Seal) DONNA MCRANNOLDS Notary Public -State of Florida f » •= Commission # FF 239752 'I""", M Comm. Expires Jun 27, 2019 OF°`'` Bondedthro;rgh National Notary Assn. 608452946.1 ev Wotary ' • • Commission No.: (Notary• printed or stamped) This instrument prepared by and return to: Brandon E. Kepple, Esq. BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, Florida 32801 (407) 649-4000 Parcel ID No.: R 3-15-37-35-0010-00490-0080 Consideration: $70,000 SPECIAL WARRANTY DEED '':' m malls Eggs$ tills F-Yu�U I�N11l1111f1 11UPI 2013001276 OF 2�K 00725 F•G 1566 SHAM ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 02/07/2013 11:40:49 AM AMT 70,000.00 RECORDING FEES $27.00 DEED DOC $490.00 RECORDED BY L Shain Fss 1566 - 1568; (3p9s) THIS SPECIAL WARRANTY DEED is made and given this 5`h day of February, 2013, by GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, whose mailing address is 804 N. Parrott Avenue, Okeechobee, Florida 34972 ( the "Grantor"), to FLO-GAS CORPORATION, a Florida corporation, whose mailing address is 909 Silver Lake Boulevard, Dover, Delaware 19904 (the "Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor, in hand paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, State of Florida (the "Property"), more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. SUBJECT TO ad valorem taxes and assessments for the year 2013 and subsequent years, and all reservations, covenants, conditions, restrictions, and easements of record; if any, but this instrument shall not operate to reimpose the same. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. r`er.�tt�neonn-In-7e IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: "Grantor" GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation '-)� By: &XJL S' a of s / Monica Clark, President Print Name:_ �, L'�//�✓f ����/!.-� NIcCQ,, Signature of Witness Print Name: J�cwt-'c mc't(-�L State of FLORIDA ) )ss. County of OKEECHOBEE ) The foregoing instrument was acknowledged before me this 1/7 day of February, 2013, by Monica Clark, as President of GLADES GAS COMPANY OF OKEECHOBEE, INC., A FLORIDA CORPORATION, on behalf of the corporation. She is personally known to me. JENNIFERLWIUDWON C0mdssim # DD M798 Expires August 19, 2014 (NOTARY S eo�ad7i'T'� F,t'"'°°o�astnf0 044743,000004,601880000.1 2 ignature) // (Notary Printed Name) My Commission No.: 9 /o -f % %91- ID --I,-7c)CIn- ..4 cc7 r%E:K14tr)114 onnot r)-70 PARCEL 1 (FEE SIMPLE ESTATE) Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. PARCEL 2 (LEASEHOLD ESTATE) Together with that portion of an alley lying in Block 49, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, as set forth in that certain Lease Agreement recorded September 24, 1980, in Official Records Book 237, Page 393, Public Records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot 8; thence bear Westerly 142.50 feet to the Southwest corner of Lot 10; thence Southerly 20.00 feet to the Point of Beginning. 044743,000004,601880000.1 Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be Signed and dated with n rnntnrt mimhnrfnr aarh narenn Florida Power & Light Q L '-� n d Gj 863-467-3721 or Cl-�J 1 0 O GLe l� Donna Padgett Lt - 4- A V� 863-467-3708 Authorized Signature Typed Name &Title Phone No. Date Century Link B63-452-3473 Tess Bentayou tess.bentayoC@centuI3L]ink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7th Avenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue Typed Name & Title Phone No. Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Date Phone No. Date CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title ruuuu Ivu. Date Jan l .rr• 6J rnt,-I— # J /` IJ v . - Century Lin - I •- - X63=4--3'473 q07 Ylq- S 3/ 0 TZSOB;entayou V IC.-Fcal 6 3uG17cn VI A IGCk�Otzjjf S Zuc/ht c, qo?- ?/I -5531 F a :25-00/6 k -- A ,ffuthorized Signature I Typed Name & Title Phone No. Date Authorized Signature Typed Name &Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date ad h1 February 25, 2016 CenturyLink- 33 North Main Sheet, Winter Garden, FL 34787 407-814-5318 Victoria.bucher@centurylink.com LETTER OF NO OBJECTION Ms. Jennifer L. Williamson Crary Buchanan P.O. Drawer 24 Stuart, FL 34995-0024 SUBJECT: PROPOSED VACATE OF THAT CERTAIN 20' WIDE ALLEY LYING BETWEEN LOTS 1-7 AND THE NORTH 40' OF LOTS 20-26, BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AND IN PLAT BOOK 1, PAGE 10, ALL IN PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; PRN 763129 Dear Ms. Williamson: Please be advised that Embarq Florida, Inc. DB/A CenturyLink (" CenturyLink") has no objection to the proposed vacate and abandonment of that certain 20' wide alley located at 204 NE 9 Street, Okeechobee, Florida and lying between Lots 1-7 and the North 40' of Lots 20-26, Block 49, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 and in Plat Book 1, Page 10, all in the Public Records of Okeechobee County, Florida. Said alley lies between those certain parcels having an Okeechobee County Tax Parcel Identification Number of 3-15-37-35-0010-00490-0010. The area proposed to be vacated is more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407-814-5318 or by email at Victoria.bucher@centurylink.com. FLORIDA, INC., DB/A/ CENTURYLINK Victoria S"VBuch:er,,SR1W WNAC, R/W-AMC Negotiatote C. P. Conrad, CenturyLink www.centurylink.com CITY OF OKEECHOBEE RIGHT -OR -WAY ABANDONMENT PETITION Utility Companies Authorization Farm iNSTRUCTIONSi Deliver the petition and this form to the following Utility Companies fortheir comments. it tnu5GUR51 IluoUlmwnmtIVJLllitcutnac.uuu.uu. Florida Power&Light w. cn.a uavn. 40 1163.467.3721 or Donna Padgett 0 . =467.37011 Authorized Signature 'typed Name &Titla Phone No. Date Century Link 663-452-3473 Tess Bentayou tC4sLbt lttnyaecetltitalinit.com T� Authorized Signature Typed Nome'& Title Plione No. Date l °t/j���►7 u t• ,wL , 1 t ►.I!' i11L�l I u i 2/1111 Authorized gn " Typed Nat e & 'ltle Phone No. Dat Okeechobee Utility Authority John Hayford 063-763.9460 100 SW Sth Avenue Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKBECHOBEE & FIRST ADDITION TO CITY OF OKEECHORgE SUBDIVISIONS HomrlckEstate Gil Culbroth, Co -Trustee 063.763-3154 Authorized Signature Typed Name & atlo Mello No. Date CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments_ it must ne signea ana eaten with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess-bentayo(@centtiryiiiik.com Authorized Signature Comcast Cable 863-763-2824 107 NW 7w Avenue Authorized Signature Typed Name & Title Phone No. Date Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford Ci a� ���CG 54 1/2 863-763-9460 100 SW 5th Avenue v 6 -74176r;7-/ 3�7 /6 ?thSorized S'gna Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess.bentavoC@centurLink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 7d1Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5thAvenue Authorized Signature Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF nWrV `iN1RRF 4Z111PnTV14Z1n 4Z Hamrick Estate 7W -!5-� ,21 c k�- 7-' 14 o / ,t r." E- Gil Culbreth, Co -Trustee /,vLaaT /n! 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date UIJ / ItHHrI 1/vUl UCrmm IIVICIV I 71 t\ f t .j ,ailrrl.Y.a+r..',C i Y f ,4i�rf Lit= ; S} ff't".Rt-wr• .u.a..-�w � � —t.. i+ • S. f ���� dRk TR.,_i'tt 4 n. �J_... Sisl`�. s ' � k x. s• is �*' �.r Tiiittt /1/1/1111 + t .. ' i •i \ •v � • 1' � �.. y--w�•a 5u�c. ��_ t �r�s>m -•---� _�—�.:�a=r-�" ;wm�..is.�^ir a,.^ -- �.. pp�a\fit �g yy T7.'3ct faea h� i vv (H ( '�" t \t I i Y.• .'FY . n l 1. A.,. T. r nli. w fi. _ rta. ':9 7e it `. 1• , 6} \ '�, i • - K � 'URjW S q . � •. I ��{ 9 ( G a � � 'N't off. t�a'Sa'v �} � .�.�d+.�� �` �,,,'r`�1a,. k;� _ x4 ,,.; r• _. Fcs:�ii .r'� _;..ti a '�:t vs:?'t+v� ""..✓k::.«•:...el',a'3+.'�' r«:a� t .r,.•f"t rw•....- .l-^:- -.+ pLve ...s•xr. w d .5 w��w_c1�•., t y° '�4L�Lw.1,� Drawn By: RUSS DUNCAN CFE, A&RrCULTURE / MAPPER j�(� THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION Date: 9125/2015 AVAILABLE,AND THEOKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ��1%% ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINEDHEREON Staff Report Alley Vacation/Abandonment Request Prepared for. Applicant: Petition No.: The City of Okeechobee Charles H. Pascual & Frank ®eCarlo 16-001-AC 1 eIannlnb Se. Management Services, Inc. { - 1375 Jackson Street, Suite. 206 ff Sl n Fort Mvcrs, Florida 33)-334-33( G Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. 3chal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20-foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. ,Jennifer L�Willia`mson -� � del=� •_� s,��"t� �, 5 t .ti.ewx_. .aa.s..., �...,:..�.xa..�.=,:�:—.n .sw.._..�-......Lv.�_.6 ...�.+..•. ..LL�s'� ,.. zt.....,.. ..,, .:.i•. Cont'actEm'ailjAddress w}; Legal Description of Subject Property A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1-7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20-26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles i ,.'aschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 MIT • - ..- ity Existing Proposed FutureL'and ; senMap Classification tndustnal tndustnal Zoning District` Indtastnal _ Industrial Use'of�Pr'operty __ --- . Vacant -- Acreage 0.17 acres (7,400 sf) 0.17 acres,(7,400 sf) �- .=-IM The subject of the street vacation is a 20 by 370-foot vacant, unimproved, alley right-of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right-of-way of NE 3rd Avenue and dead -ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right-of- way proposed to be abandoned and the surrounding areas. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. schal & Frank DeCarlo Vacation of a portion of an east-wTst alley through block 49 Consistency with Sec. 78-33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right-of-way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS TAlere & vtotAlivtg ivt tAle City's Coot tpreAlevtsive Plan eovteervtivtg alleys TAle property is desigvtated /vtdustrial on tAle Future Laud Use Map and will be 1. Proposed vacation is consistent used forpurposes consistent witA tAle lvtdustrial with the Comprehensive Plan. Future Land Use Category. TAlerefore, tAle vaeatiovt/ abandonment of tAle alley and its subsequent use will be eonsisten t witAl City s CowpreAl ensive Plan. 2. Right-of-way to be vacated is TAe alley right-of-way &-not tAe sole access to arty not the sole access to any property. All properties abuttivtg tA& alley rlgAt-of- property, and the remaining way Alave veld-ular access afforded from A/E 9tAl access is not an easement. Street. TAle only public benefits associated witAl vacation of tAle subject alley ri At -of --way are tAlat.- a. After tAl e vaea&i ,n tAl e alley property wrll be subject 3. Proposed vacation is in the to ad valorem taxation, and public interest and provides a benefit to the City. b. /t is possible tAlat tAle taxable value of tAle overall tract of land on wki A tAle ivtdustrial use is located may ivterease by virtue of its ibtereased utility and el m1;gatiovt of its nonconformhgg status TAle Applicant Alas subm&ted s&ned Utility Company 4. Proposed vacation would not AutAlorizatiovt Forms avid/or Consent Letter from jeopardize the location of any FPL, CenturyLhgk, Comeast, OUA and tAle FLO-CrAS utility. CORPORAT/ON stativtg no objection to tAle proposed vacatio,nlabavtdofiiment. 4 Serving Florida Local Governments Since 1988 Staff Report 11140. Applicant's Name(s); Charles I 'aschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right-of-way vacation/abandonment is consistent with the requirements of Sec. 78-33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB/BOA Meeting: May 19, 2016 City Council Vt Reading: June 21, 2016 City Council 2d Reading and Public Hearing: July 19, 2016 Serving Florida Local Governments Since 1988 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016,10:00 A.M. CITY OF OKEECHOBEE SS Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. Page 1 of 2 The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non -Voting Ex-Ofcio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA— Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16-001-AC, to abandon a portion of the 20-foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20-foot wide by 370-feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. V. NEW BUSINESS CONTINUED. TRC -April 21, 2016 -Page 2 of 2 Abandonment of Right -of -Way Application No. 16-001-AC continued. Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right-of-way is not the sole access to the properly as all properties abutting the alley right-of-way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No 16 001 AC to the Planning Board to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5 Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary a' o C o m` m cS o a) a) (1) C/) (L) T L.. Q) m 2 a) a) O T o - o 4 c� -0 .0 .L..-. c _� E O C C L N L 3 a)� —W� N m 3 '� > a 'p d 3 O` 3 CA O •C u W Q T U m 6 U C O Q) C I'O UO a) O -Fom a) ccu .� C Z U •0 d Cl-> -.-. 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O w0 O U'� =m C6-C = m > d. w -O C O m fp U Q cm) cCa L co) U 2 = J tfY N a a ao q/l9 AnInalc � Okeecho eVA/1 107 SW 17th tx� t, Suite D filmimDEPENDENT Okeechgobbe763 1 4 34974 0a NEWSMEDIA INC. USA6 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 64z�&_2 in the matter of & in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of k/i Afliant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication iIl the said newspaper. cif-��— Katrina Elsken Sworn to ands bscribed befo me this day of � 0 AD Notary Public, State of Florida at Large otY?u• ANGIE BRIDGES MY COMMISSION # FF 976149 :Fo ,�,".• BorMed EXPIRES- Apt1120,2020 Ttlfu Notary Pubk Underwriters PUBLIC NOTICE ABANDONMENT OF RIGHT-OF-WAY PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues,lul. 19, 2016, at 6 PM, or as soon thereafter possible, at CKy Hall, 55 SE 3rd Ave Okeechobee, FL, to consider final reading for adoptlon of the following Ordinance into law: No. 1136: AN ORDINANCE'OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DE- SCRIBED HEREIN, WTTTON BLOCK 49, CITY OF OKEECHOBEE SUB- DMSION, AS RECORDED IN PLAT BOOK S, PAGE S OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR .CONFLICr- PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECRYg DATE. The Ordinance k regarding Abandonment of RI htof-way Petition No. 16-0OS-AC, submitted DY the grope owners, Charles H. Paschal and Frank West ,requesting to dose a pubis 20-foot wide alley running East to West between Lots 1-7 and 20-26 of Block 49, City of Okeechobee Mat Book5, Page 5, Public Records, Okeechobee County, containing apprord- mab* 0.17 acres. All members of the public are encouraged to attend and participate In said Hearing. The proposed ordinance may Inspected in its entirety by mem- bers of the pubic at Me Office of theCity Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. - i ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting vnll need to ensure a verbatim record of the proceeding is made and the record includes the tesbmorry and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- d Idpate in this proceeding, contact the City aerkt Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show arty document, picture, video or Items to the Council in support or opposition to any Item on the agenda, a copy of the document, picture, video,. or Rem MUST.be provided W the CityGGCttlyy. for the Cdys records. 476779 ON 7/8/2016 Clerk Lane m(otea, CMC Exhibit 3 ORDINANCE NO. 1137 mealy 19, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL AND PUBLIC FACILITIES TO INDUSTRIAL (APPLICATION NO. 16-002-SSA); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application (No. 16-002-SSA), submitted by Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on June 16, 2016, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendation of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part ll, and that the proposed application is consistent with the Comprehensive Plan and appropriate to the future land uses within the City. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part Il, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 6.45 acres is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 16-002-SSA, from Single Family Residential to Industrial. The Legal Description of Subject Property is as follows: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1137 Page 1 of 2 b. Applicati slo. 16-002-SSA, from Public Facilities tc iustrial. The Legal Description f Subject Property is as follows: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28, TOGETHER WITH THAT PART OF NORTHWEST 10T" STREET (FORMERLY KNOWN AS 16T" STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7T" AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9T" AND 11T" STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 19t" day of July, 2016, pursuant to F.S. 163.3187(2). ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1137 Page 2 of 2 Staff Report Small Scale Comprehensive Plan Amendment Prepared for. The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 1 6-002-SSA tll—� '1:!i`Plannitig ',& Management Services, Inc. i 1375 Jackson Street, Suite 200 Fort Myers, Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No.16-002-SSA General Information 7- Parcel Identification Number: 3-15-37-35-0010-00400-0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE comer of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map (FLUM) for a 6.45-acre parcel currently designated a combination of Single -Family (1.93 acres) and Public Facilities (4.52 acres). The proposal is to change the Future Land Use designation for the whole parcel to Industrial. The entire property is zoned Public Facilities. The parcel is also the subject of concurrent rezoning petition 16-002-R to apply Industrial zoning to the entire parcel. Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Applicant's Name: Okeechobee Asphalt Petition No. 16-002-SSA The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7, 8 and 9. Current Future Land Use, Zoning and Existing Land Use Characteristics Existing Proposed Future Land:;Use ;}Single Family Residential (30%) Public aeilities 70% InIndustrial�F Zoning District PUB, Public Facilities (entire parcel) IND, Industrial Use of Property 4 FDOT Maintenance Yard Matenalsatorage Acreage 6.45 acres 6.45 acres Future Land Use, Zoning, and Existing Uses on Surrounding Properties 1 _ FuturejL6fW U.$e Map; Classification Multi Family S North ---T- {Zoning ®istnct _ RMF — _J Exisfing Land Use __ _ Vacant Future Land Use Map Classification Multi -Family & Industrial East Zoning District RMF & IND Existing Land Use Vacant Future Land Use Map Classification Industrial South Zoning:Distnct _ IND I E isting_ and .Use Industrial (Okeechobee Asphalt) Future Land Use Map Classification Single -Family & Multi -Family West Zoning District RSF1 & RMF Existing Land Use One single-family home balance is vacant Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA General Analysis and Staff Comments A Qualification for Amendment Based on the size of the property (6.45 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Development Activity Plan Amendment (SSA) to the Comprehensive Plan. B. Current Situation Practical Maximum Likely Development Potential About 30% of the subject property (1.93 acres) is designated Single -Family on the FLUM. The maximum development potential is four units per acre (five if used for affordable housing) which would allow for between eight and ten single-family homes. Most of the property (4.52 acres) is designated Public Facility on the FLUM. This designation limits impervious surfaces to 85% while the PUB Zoning District limits maximum building coverage to 50% and maximum height to 45 feet (four stories). These limitations would allow for about 394,000 square feet of floor area. However, the character of development within the City of Okeechobee would indicate that a more practical maximum would be two- story public buildings totaling about 197,000 square feet. 2. Current Use The property has long been developed and used by FDOT as a Maintenance Yard with limited office space, maintenance/repair building(s), and outdoor storage of materials. C. Future Development Potential as Industrial Practical Maximum Likely Future Development Potential While the Industrial Future Land Use category allows for an FAR of up to 3.00, given the 50% coverage limitation and the character of Okeechobee, one would not practically expect an industrial building greater than two stories. Therefore, development of the property would most likely not exceed 280,000 square feet of floor area. 2. Proposed Use The Applicant, however, intends to use the property much as it has histori- cally been used by FDOT, "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Serving Florida Local Governments Since 1988 Staff Report Small Scale Comprehensive Plan Amendment Comprehensive Plan Analysis Applicant's Name: Okeechobee Asphalt Petition No. 16-002-SSA A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adja- cent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The properties north, and along the northeast boundary, of the subject property are designated Multi -Family on the FLUM and zoned for multi -family use. While vacant, these areas are part of the Southern Trace multi -family development, the site plan approval for which lapsed some time ago. The property to the east of the southern half of the subject property appears to be a retention pond or other water body. The entire strip of land to the west of the subject property is vacant except for the southernmost lot. This lot is designated on the FLUM and zoned for multi -family use but is occupied by a single-family home. This lot, like the subject property, is just across NW 9th Street from the existing Okeechobee Asphalt operations to the immediate south. It is our belief, that much of the subject property was designated Public Facilities, at the time the City's original Comprehensive Plan was prepared by the Central Florida Regional Planning Council, solely on the basis of its ownership by the Florida Department of Transportation. The actual use was and continues to be of an industrial nature. We are unable to discern, however, why the two areas at the southwest and southeast corners of the subject property were designated Single -Family on the FLUM. We believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA B. Adequacy of Public Facilities Potable Water and Wastewater It is highly unlikely that the subject parcel will be developed even at the practical maximum intensity identified previously (280,000 square feet). Applying an estimate of 0.12 gallons of water per day per square foot of manufacturing type uses would indicate a demand for about 33,600 gallons of potable water and waste water treatment per day. This is not significantly greater than the daily demand of 29,600 gallons (@ 0.15 gallons per day per square foot) under the current Future Land Use designation for a 197,000 square foot Public Facility general office use. The Applicant has received letters from the Okeechobee Utility Authority indicating that service is available and that there is adequate excess capacity to accommodate the demand that would be associated with the proposed use as well as more intense industrial use of the subject property. Roadways At maximum development, the current 1.93 acres of Single-family FLU designation would generate only about ten trips during the peak hour. It is the larger Public Facilities lands that could be expected to generate virtually all of the trips associated with development of the site as a public facility use. According to the ITE Trip Generation, 8t' Edition, a 197,000 square foot government office building could be expected to generate 1.21 trips per 1,000 square feet of floor area during the peak hour. This indicates that a total 238 peak hour trips could be expected under the current Public Facility FLU designation. By comparison a heavy industrial use could be expected to generate 0.68 trips/1,000 square feet of floor area in the PM Peak Hour. Assuming the practical maximum of a 280,000 square foot industrial building, this translates to about 190 peak hour trips. This is 20% less than what could be expected under the current Public Facility designation. Of course, neither the existing FDOT use nor the proposed use by Okeechobee Asphalt could be expected to generate traffic levels anywhere near the above. Solid Waste The County has recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs of other developments in the City. The fact that the proposed use is expected to be similar to that of the existing FDOT maintenance and storage yard would indicate that there will be no significant change in the level of solid waste generation. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA In the event any change was proposed that would dramatically increase solid waste generation, a concurrency assessment would be made to determine if adequate capacity still remains at that time. Drainage The proposed development will be required to meet all standards required by the City of Okeechobee and the South Florida Water Management District. C. Environmental Impacts The property has been in urbanized use for decades and the Applicant has provided basic information and mapping indicating that there are no environmentally sensitive areas, wetlands, or wildlife habitat for endangered species on the site. Recommendation Based on the foregoing analysis, we find the requested Industrial Future Land Use Designation for the subject property to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, a continuation of prior uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to designate the subject property as Industrial on the City's Future Land Use Map. It should be noted that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, then the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. ubmiited by:__ Wm: F.-Brisson,-AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA t 4 3 2 1 tAw USE twto � cc�avwrt:�cta. RES' %i,'41 A., kt •.E. Lt L zE FUTURE LAND USE SUBJECT SITE AND ENVIRONS N,W, 9th Street t it 2 tz it to to 20 .t 2 23 2J 25 s It 8 , z Its ,q S Z i tt? n t 6 4 4 3 2 1 3-9 17 18 99 20 11 22 23 24 25 26 !1 10 9 8 1 6 S 4 3 2 1 1 7 erring Florida Uwai Cici;rWt:; :y;;x Mttt:i, VMS ( t I Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA ZONING SUBJECT SITE AND ENVIRONS 4�2 U4 2 27 28 IQ Q 21 29 -k .4 Z. x suboqt D 7 z LQ 41 4 40 39 MYL 9th Street 45 46 440, Q I , �� $,*.- �c Z r ZONING 11* - COW MW4$111 IN& Z NP, 3*Qk.,t W�-141TW% FF,wc�u %EZ F,QC-R Wt. Y Rw� - Qltf.5-Mlo Lm ihh E?zw PSF,, RE` . S*341, FAMA.y Staff Report Applicant's Name: Okeechobee Asphalt Small Scale Comprehensive Plan Amendment Petition No. 16-002-SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS c c: o Vfl rVX `, rrj A � 7s4 y, VAC T `! , ,► 47 - } 4 AL Sr S-r CSC w y r { ' 13 R •l4 a SUBJECT FJW,g H I &h 9 stni * Ftortd* Ux:tti CK:tetrttet rtc:+ sikwv PON City of Okeechobee Date: Petition No. - -5c5 General services Department >5 S.E. 3"' Avenue. Room 101 Okeechobee, Flo763-3a 2, ext. 13 Phone: (3fi3) 7(�3-3372, ext. 213-- Fax: (363) 763-1686 Fee Paid: Q� yS.oO nK�$�70 Jurisdiction: 1" Flcarin!g- 1„ Ile r1- lei -lip Publication Dates: D1 k �LL4 ps PC) �p{ 00. Notices Mailed: TO 13t: C0A11)1,ETrD 111' CrrY STArr: c5 i — 3L 4D Lo-!"5 ✓Verified F LUNI Designation: PF - BL a 7 LO_iS i-LOB 11_ 1(0 Y- 'T Sec4-,* ✓Verified Zoning Designation: PO b _ Plan Amendinent Type: ❑ Largc Scale (LSA) involving over 10 acres or text amendment [r Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres it the proposed amendment will have a positive cflect in addressing the problems ol'low per capita incomes, low average wages, high unemployment, instability of' employment, and/or other indices ol*ecollomically distressed communities. Al PIACANT I1Ll;,1S1: NoTr.: Answer all questions completely and accurately. Please print or t)pe responses. If additional space is needed. number and attach additional sheets. uic total number of sheets in your application is:__ Submit I (one) copy of the complete application and anlendnlent support documentation, including Illaps, to the General Services Department. Fifteen (15) copies of'any (IOCl1111CIlt; over I l X 17 are required to be submitted by the applicant. 1, the undersigned owner or authorized representative, hereby submit this application 111d the atttlCllCCI amendment support documentation. The inlilrnlation and documents provided are complete and accurate to the best ol' my knowledge. Date Si��naturc of Owner of Authorized Representative' '''Attach Notarized Letter ol'Owner's Authorization For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, taxi. 213 Pa-c 1 ol'7 Applicaton for Comprehensive Plan Amendment (6/09) low —ARPLICANTIAGENT/OWN e. Okeechobee Asphalt & Ready Mixed Concrete, Inc. Appplicant PT'Box Box 1994 Address Okeechobee FL 34973 Cit. yy 863-763-7373 State Zip Telephone Number Steven L. Dobbs Fax Number E-Mail Agent* 1062 Jakes Way Address Okeechobee FL 34974 City 863-824-7644 State Zip sdobbs@stevedobbsengineering.com Telephone Number Fax Number E-Mail Same as above Owner(s) of Record Address City State Zip Telephone Number Fax Number E-Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763-3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan P- � mdment (6/09) II.- REQUESTE-o--CHANGE-(-Please-see-Section V.--.Fee-Schedule)------------ ------ --------- A. TYPE: (Check appropriate type) ❑ Text Amendment ® Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): This request is in support of changing the parcel identified from Public Facilities to Industrial. A. PROPERTY LOCATION: 60D 1. Site Address: _50'3'NW9th Street, Okeechobee, FL 34972 2. Property ID #(s): 3-15-37-35-0010-00400-0070 B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 6.5 Acres (p_ q5 6L 6re.3 2. Total Area included in Request: 6.5 Acres LP . ct 5 ac-ce-s a. In each Future Land Use (FLU) Category: Industrial 6.5 Acres (1) (2) (3) (4) b. Total Uplands: 6.5 Acres C. Total Wetlands: 0.00 Acres For questions rely ing to this application packet, call the General Services Dept. at (863)-763-3372, Eat. 218 Page 3 of Applicaton I-m Comprehensive flan Aluendinent (6/09h B C 3. CurrentLonin��: S}gl�ilResiteial-and Pubfic Facilities 'I. Current FLU Category: public Facilities + S F ( S i nGL& +4114 ! L-Y 5. Lixisting Land Use: Developed as a FDOT Maintenance Yard — G. Reclucsted FLU Industrial — D. ACkNI111J11 DI:v[sl.OP1'ilsN'1' PO'1•I:N'rmi. OR 0IG SUBJECT I'tt)1'IswrN- Development Type HlNiStinil FLU Catcgoi y Proposed FLU Cates_!ory Resulential 0 I 0 Density (DU/Acre) -- 0 0-- Nun)ber of Units 0 0 Conlnlercial (sq. rt.) 70,000 sf 70,000 sf Industrial (sq. It.) 0 0 MWO Q IENVI l7 �- WO At a ininilliuni, the application shall include the rollowing support data and analysis. These items are based on (lie submittal requirenlents of' the State or Florida, Department or Conlintinity Arrairs for a comprehensive plan anlendinent, and policies contained in the City or Okeechobee Comprehensive Plan. Stafrwill evaluate this request based on the support documentation provided by the applicant. A. Gr•.NE.R.M. INFOIINI:k'riON.%N) M.MIs Unless otherwise specified, the Applicant inust provide the rollowing materials ror any proposed aiuendinent that will affect the development potential or properties. Irlarge neaps are submitted, the Applicant may he required to provide 8.5" x t 1" maps for inclusion in public hearing; packets. 1. Wording ol'any proposed text chanoes. 2. A neap showing the boundaries or the subject property, surrounding street network. and FuRwe Land Use designations orsurrounding properties. 3. A neap showing existing land uses (not designations) or the subject property and surrounding properties. it. Written deswiptlons or the existing fated Uses and how the proposed Future Land Use designation Is consistem with curivni Uses and curivni Shire Land Use designations. -. \�fap showing existing zoning orthe subject property and surrounding properties. G. Certified property boundary survey; date or survey; surveyor's name, address and phone Illlnlbcr; and legal description(s) tin• the property sut jcct to the requested change. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, F.st. 218 Page 4 of 7 Applfcaton for Comprehensive Plan A--ndment (6/09) 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared -by a professional transportation planner or transportation engineer. C. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten-year planning period. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; C. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: l . Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Ar—ntlnlew (6/09) E. ,IUSTIFICXHO,N OF PI1O1,0s1st1 AIII .lustily the proposed amendment based upoil sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Y4� _.� � -.". Its x.T �:, _.. •4es2.�'� ,�'v�•<+T.r�1' 4'ee�sGsa^—'�:R...bYiC4�s.l'nv^Y.'W �<��`i<: •-t'21•- t' � 1 ��Y `C"i � L`'G�=�i L��.�.�. •'�3 � `i' ��•�?.'.�_. _ _ i S1I .tCi+_ cif " Lark Scale Anlendnlcnt (LSA) $4,000.00 plus $30.00 pci acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment flat Fee S2,000.00 each _ I, (-tom' , certify that I ani the owner or authorized representative of the property described herein, and that all answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part ol*this application, arc honest and true to the best ol'iny knowledge and belief. I also authorize the stal"l'ofthe City of Okeechobee to enter upon the properly during normal working hours for the purpose of Ilivestigating and evaluating the request trade through this application. Signature ol* Owner or Authorized Agent Rdow'd T. e 4 Typed or Printcd Nanlc S'1 J1 I li ter _F1p_(1 A--cu COUN•IY OI' _Q�_66KJa— 4-aa-1L _ Date ((. ' the foregoing instru et t was •ertified and sub •cribed bclilre nu this � da\ of 201 by lei T C'�-t who is pa•soll, kr1t=l to file or who has produced _ as identification. „ JACQUELINE J PALMER MY COMMISSION #FF159428 ''r ti�F.• EXPIRES September 11. 2018 (407) 398-0153 FloridallotaryService.com ry PLUAic Printed Na► c of Notary Public Commission 1—Tires on: _ _ �� �abw For questions relatinh to this application packet, call the General Services Dept. at (363)-763-3372, Ext. 218 Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filing Information Document Number P07000032499 FEI/EIN Number 20-8610499 Date Filed 03/13/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 Changed: 05101 /2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer/Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports Okeechobee Asphalt and Ready Mix Concrete, Inc. City of Okeechobee Comp Plan Amendment Support Documentation A. General Information and Maps Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. None proposed. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. Attached 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. Attached 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. To the north and east is a vacant undeveloped parcel with a FLU of Multi -Family Residential and zoned Agriculture. To the southeast are also vacant undeveloped parcels with a FLU of Industrial and zoned Industrial. To the northeast are also vacant undeveloped parcels with a FLU of Multi -Family Residential and zoned Residential Multiple Family. To the southwest is" a developed parcel with a FLU of Multi -Family Residential and zoned Residential Multiple Family. To the northwest are vacant undeveloped parcels a FLU of Single -Family Residential and zoned Residential Single Family. To the south is a developed parcel owned by the applicant with a FLU of Industrial and zoned Industrial. The proposed Future Land Use designation is consistent with the current major developed uses in the area and to the largest extent the surrounding parcels are undeveloped. 5. Map showing existing zoning of the subject property and surrounding properties. Attached 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. Attached 7. A copy of the deed(s) for the property subject to the requested change. Attached 8. An aerial map showing the subject property and surrounding properties. Attached 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. N/A B. Public Facilities Impacts Note: The applicant must calculate public facilities impacts based on a maximum development scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. Please see attached Traffic Estimate (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use Designation, the applicant shall attach a Traffic Impact Study Prepared by a professional transportation planner or transportation engineer. Since the planned development is the same as the previous development, no increase in traffic is anticipated. b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepare by a professional transportation planner or transportation engineer. N/A c. Traffic impact Studies are intended to determine the effect of tue proposed land use change on the city's roadway network and the city's ability to accommodate traffic associated with the proposed change over a ten-year planning period. Acknowledged. d. An inability to accommodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change. Acknowledged. 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses N/A (2) 0.15 gallons per day per square foot of floor area for nonresidential uses 70,000 * 0.15 = 10,500 gallons b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. N/A, Proposed Industrial FLU. 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; With no change in use and no increase to the generation of solid waste, the currently facility will not be impacted. b. Water and Sewer: With no change in use and no increase to the generation of solid waste, the currently facility will not be impacted. c. Schools. N/A, no additional capacity to schools for an industrial project. C. Environmental Impacts Proposed plan amendments shall be accompanied by evidence that the following studies have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. Please see the attached wetland map from the quarter quad maps. 2. Soils posing severe limitations to development There are only one soils present at this site from the attached NRCS Websoil Survey, it is Immokalee Fine Sand, which should cause no developments limitations. 3. Unique habitat. This parcel has been developed for decades and provides no unique habitat. 4. Endangered species of wildlife and plants. Since this property has been cleared for many years, it does not provide the conducive habitat for endangered species. 5. F000dprone areas. According to the attached FEMA map, the subject parcels are outside all structures have been built outside the floodprone areas. D. Internal Consistency with the City of Okeechobee Comprehensive Plan 1. Discuss how the proposal affects established City of Okeechobee population projections. These parcels are currently developed with no anticipation of further development, there will be no impact to the established population projections. 2. List all goals and objectives of the City of Okeechobee Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. There is no effect to the Comprehensive Plan Amendment's Policies and Objectives from this request. No increase in density will not change the ability of the city or any other utilities to available water, sewer, or roads as described below. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. This project is not adjacent to unincorporated areas of the City and will have no impact to the County's Comprehensive plan. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. Since the City's Comprehensive Plan has been found to be consistent with all state requirements, this application is also consistent with the State Policy Plan and Regional Policy Plan Goals. Since the major concern as stated in Chapter 163.006(5)(I) is to discourage Urban Sprawl, this application can hardly be classified as Urban Sprawl since it is simply converting the FLU for the project with not change in use or expansion. E. Justification of Proposed Amendment Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. Proposed Conditions For the proposed Commercial Future Land Use designation, the maximum development is approximately 25% maximum lot coverage or 1.6 acres (70,000 sf). L 1.2.d. Use Measure Rate Gallons per Da Public Facility 6,048 sf 15 gpd / 100 sq. ft. 907 gpd — water/sewer (Existing) Industrial (Proposed) 6,048 sf 15 gpd / 100 sq. ft. 907 gpd — water/sewer 0 gpd — water/sewer Net Impact `' IIIIIII1111111111lIilllIIII11111NIIIIII t �'] FILE 'RUM 2016003361 OR B 773 PG 742 SHARON R~fSOHr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA i RECORDED 04/13/2014S 09:07:30 All I A11T S253r000.00 RECORDING FEES $27.00 DEED DOC S1r771.00 RECORDED BY n Pinon P9s 742 - 744; (3 p9s) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA QUITCLAIM DEED Quitclaim Deed Number 32913 KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA is by Section 253.03, Florida Statutes, authorized and empowered to convey certain lands under the terms and conditions set forth herein; and, WHEREAS, said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA did approve this transfer on the 28th day of January, 2016. NOW, THEREFORE, the undersigned BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENTP TRUST FUND OF THE STATE OF FLORIDA, as "GRANTOR", under authority of Section 253.03, Florida Statutes, for and in consideration of the sum of TWO HUNDRED FIFTY-THREE THOUSAND DOLLARS ($253,000.00) and other good and valuable consideration, to it in hand paid by OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC., a Florida corporation, whose address is Post Office Box 1994, Okeechobee, Florida 34973, as "GRANTEE," has remised, released, conveyed and quitclaimed, and by these presents does remise, release, convey and quitclaim unto GRANTEE, its successors and assigns forever, all the right, title, interest, claim and demand which GRANTOR may have in and to the following described lands in Okeechobee County, Florida, to -wit: SEE `EXHIBIT A" SAVING AND RESERVING unto GRANTOR and its successors, pursuant to Section 270.11(1), Florida Statutes, an undivided three -fourths interest in, and title in and to an undivided three - fourths interest in, all the phosphate, minerals, and metals that are or may be in, on, or under the said land and an undivided one- half interest in all the petroleum that is or may be in, on, or under the said land with the privilege to mine and develop the same. TO HAVE AND TO HOLD the above -described lands subject to all outstanding easements, reservations and other interests. IN TESTIMONY WHEREOF, the members of the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA have hereunto subscribed their names and have caused the official seal of said BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA to be hereunto affixed in the City of Tallahassee, Florida, on this G+TIday of A.D. 2016. (SEXL)• ... BOAkl�CbFs?RUSTEES OF A,4 IMPROVEMENT : EtL�i D .0 .nM STATE r'� _ i� Q7 T4:� • .� +. . . APPROVED AS TO FORM AND LEGALITY By: Lv� - DEP btttorney Rick Scott Gove or PAALA JOB I , ATTORNEY G CHI Ffir• ! OFFICER D• COIT�F,ISSIONER OF As and Constituting the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This instrument prepared by: Jim Leftheris, Government Operations Consultant III Department of Environmental Protection Bureau of Public Land Administration Division of State Lands 3900 Commonwealth Blvd. MS 130 Tallahassee, Florida 32399-3000 Page 2 of 3 Quitclaim Deed No. 32913 n,,,,1,77*-110-,o7nQ !1Cn1417n4CZ0n'22G24 Donn o nf'2 EXHIBIT "A" Beginning at the NW comer of Block 27, run East a distance of 385 feet to the NE comer of Lot 11 of Block 28, thence South a distance of 715 feet to the SE comer of Lot 16 of Block 39, thence mn West a distance of 385 feet to the SW comer of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. B5M BYSK Daw.1282015 Page 3 of 3 Quitclaim Deed No. 32913 Rnn1i77Q/Dono7AA r r:K ,)t)4G.`nwei .4 Donn 'A M q OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 a es Way Okeechobee, Florida 34974 Ref: Wastewater Capacity Request Project: Okeechobee Asphalt & Ready Mix Parcel ID No.: 3-15-37-35-0010-00400-0070 Site Address: 500 NW 9th Street Okeechobee, FL 34972 Dear Mr. Dobbs: In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from April 2015 to March 2016, the annual average daily demand was 0.859 MGD, or about 29% of the current 3.0 MGD treatment capacity. The OUA does have wastewater collection lines in the immediate vicinity of your project. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owners' expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, foh. HaZr,.E. Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 467-4335 - May-31-2016-- - Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 Jakes ay Okeechobee, Florida 34974 Ref: Water Capacity Request Project: Okeechobee Asphalt & Ready Mix Parcel ID No.: 3-15-37-35-0010-00400-0070 Site Address: 500 NW 9th Street Okeechobee, FL 34972 Dear Mr. Dobbs: In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water use requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from March 2015 to February 2016, the maximum daily flow was 3.1 MGD, or about 52% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863-763-9460. Sincerely, ohn F. Hayfot,.E . Executive Director Okeechobee Utility Authority Water and Wastewater Treatment Plants Based on the information obtained from Okeechobee Utility Authority, the permitted capacity of the surface water treatment plant is 5.0 mgd with the ground water treatment plant rated at 1.0 mgd. The wastewater treatment plant permitted capacity is currently 3.0 mgd. The maximum daily flow of the combined water treatment plant finished water production is 3.4 mgd for the period of February 2014 through January 2015. The average daily flow of the wastewater treatment plant is 0.858 mgd for the same time period. Police The nearest City Police station is located at 50 SE 2nd Avenue. No additional Police stations are scheduled. The existing Police station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Police Department will be determined by the local government review. Fire The nearest fire station is located at 55 SE 3rd Avenue. No additional fire stations are scheduled. The existing fire station should be able to maintain its level of service standard with the proposed amendment given that the project is immediately adjacent to an existing area already designated for commercial uses. Service availability from the Fire Department will be determined by the local government review. Solid Waste Waste Management operates the regional solid waste landfill. Since there is no increase in development, there will be no impact to the existing facility. Stormwater Management The project is located in the City of Okeechobee and according to the attached FIRM panel 12093C0415C, this parcel is in Flood Zone C. There are no wellfields within 1,000 feet of the parcel Potential adverse impacts to ground and surface waters will be minimized by implementation of appropriate erosion control measures during construction in accordance with the NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities. Erosion control measures that may be implemented include stabilization practices such as temporary seeding, permanent seeding, mulching, geotextiles, or sod stabilization; structural practices such as silt fences, earth dikes, diversions, swales, sediment traps, check dams, or storm drain inlet protection; and sediment basins. Stormwater runoff quantity and quality are strictly regulated by the City and the SFWMD to ensure that pre -development drainage conditions are maintained. The proposed rate of discharge from the site will be less than or equal to the existing discharge rate from the site. The discharges off -site will be minimized by on -site detention within the stormwater management system. The drainage system will be owned, operated and maintained by the owner, who's past record of compliance has beens shown to be a responsible property owner and should be acceptable to the City and the SFWMD. The Stormwater Management System will employ, wherever practical, a variety of Best Management Practices (BMP). The following are a list of potential BMP that could be integrated into the Water Management System during the final design and permitting stage: • Oil and grease skimmers; • Environmental swales; • Minimize "short-circuiting" of pond flow patterns; • Raised storm inlets in grassed swales; • Utilize stormwater retention where feasible; and • Street cleaning and general site maintenance. Parks and Recreation As a self-contained Industrial facility, no impact to the parks and recreation needs of the City is anticipated. Hurricane Preparedness According to information in the Treasure Coast Transportation Analysis Hurricane Evacuation Study Update 2003, dated November 2003, the property is not located in any storm surge zone. The property is not within the Category 3 Hurricane Evacuation Area. Miscellaneous Data Parcel Control Number Subject to this Application 3-15-37-35-0010-00400-0070 Legal Description Please refer to the attached legal and sketches that comprise this application for future land use amendment. BO UA ARY SURVEY PREPAREL ZOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. 0£SCRIPWIV..- BEGINNING AT 7HE NW CORNER Or BLOCK 27, RUN EAST A DISTANCE Or 365 FEET 70 THEW CORNER OF LOT 11 OF (j {, /�' { BLOCK 28,• )HENCE SOUTH A DISTANCE Or 715 FEET 70 THE 5£ CORNER OI' LOT 16 Or BLOCK J9,• THENCE RUN WEST at f f �o i vw V 1" T A DISTANCE Or JB5 FEET 70 THE SW CORNER Or LOT 6 Or BLOCK 40; THENCE RUN NORTH A DISTANCE Or 715 FEET n � a� ��, / GAO TO THE POINT Or BEGIGINNINQ ALL ACCC ROING 70 THE PLAT OF CKMHOBEE RECORDED IN PLAT BOGY Z PACE 17, 6� PUBLIC RECORDS OF SrLUCE COUN7Y, FLORIDA 11/ 1! Lr ALSO DESCRIBED AS. Pu.btet Rec&d s F LOTS 1 70 6 INCLU9VE Or BLOCK 27,• L07S 11 70 16 INCLUVW Or BLOCK 28,• L07S It 70 16 INCLU9YE Or BLOCK 39, ) n �I i,•}7 �n n �,! {';.{(: I J-� -� LOTS 1 TO 6 INCLU9l•E Or BLOCTC 40, TOGETHER N17H 7HAT PART O< 9XTEENTH STREET L)1NC BET1fmv BLOCKS 27 { f f' �j L•l.,l. 1 U 7 �f AND 40 AND BE7xmv LOT 16 Or BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL 7HAT PART OF OKEECHOBEE A KNUE L)7NC BETKEN FIFTEENTH STREET AND a-KW7EEN7H STREET, ALL ACCORDING 70 THE PLAT Or OKEEMMEE RECORDED IN PLAT BOOK Z PACE 17, PUBLIC RECORDS Or Sr LUCIE COUNTY, FLORIDA. :1 V NW I1TH STREET % riles lsl a 1 N a r0o ufir ra.� PROJECT SPECIFIC N07E5. 1J UNLESS SHOW 07HERMSE; ALL DWEV90VS ARE DEED(D) ANO MEASUIRED(M). 2) WE ADDRESS' 500 NW 97H STREET. J) PARCEL Q.J-15-J7-J5-0010-004W-0070. 4) FIRM. ZOVE X-. MAP NO. 12093C"A.-C• DATED 07/16115. 5) BEARING REFFRENM 7HE NORTH R16HT-OF-WAY LINE Or NW 97H STREET IS TAKEN TO BEAR SOUTH 89*49J6' NEST. 6) THE DESORLPBCW 9NOWN HEREOv WAS PRONDED BY TH£ CLIENT OR THE CLLENTS REFRESETNTADM 7) THIS SURkEY TS NOT INaNDED TO OLPICT JURISDICIMAL AREAS OR OINL7V AREAS OF LOCAL CONCERN. B) SURDEYAR WAS NOT FRONDED WITH ANY TITLE mo RMATIOv FoR THIS PARCEL SURWMR ASSUMES NO RESPOW981LITY OR LIABILITY FAR THE ACCURACY OF EA-gwEHT OVMEN9OVS wow HEREOv, THERE MAY B£ OTHER EAS%VENTS OR RESTRICTIONS 7HAT EFFECT THIS PARCEL 9) THE SURYEY DEFIClI a HER£ IS NOT COYEREO BY PRO239AVAL LIABILITY INSURANCE AODITICWS OR DRETIOVS 70 SURWY MAPS OR REPCiR75 BY OTHER )HAN THE gOVINC PARTY OR PARTIES IS PRCM617 D W/THOUT WRITTEN CaVSEVT Or THE' SIMING PARTY OR PARTIES 10) CA TE CQr LAST HELD SURY£Y.• 04/15/76. . ._ --- --- --- _._ I na i 1 — b I 1 b I I I I 1 1 1 i l ■ d BIOGX 27 13 BIOpC 26— i � � WI _ � a 1 z s yyW YQ 1 1�! 1 I z1 �I I I ri I rrj bT1 Ye oo p i j i (p PARCEL CONTAINS =6.45 CRES �•,�, 6 U C NW 1� —_THI5TR EEr —_—_— zi 31C o I 1 i , II ablL wtww rmwdrs and 11ar Ioc.rm .s .,A� p nb d�wlcr i 1 1 I 1 I 11 1 2L� 7 --_ — —J r BLOCK �0 I 1 i bid b1 1 B. ^17= SCALE: 60' t,(Ab411.Sn °r d qN'b• . namp0 1 p a m(- 0 F 7 nl L- WE TWE 3 392.;'IPI 1, 93B`avJ�4.1 11m/ .-- n - da-9165�i1 NW 9TH STREET-_-_-______— pN n ry = m D m Z Prl ,mot STANDARD NOIF3 No ,eerN or Ina NNk —d. Iv detwmin.Uo. of e.nerahy er restrk6m. olfmtlnb M. Imd. Novel .o, pwfo W by Cle ,ar.,yv. Tn, ,ur.ay dprclM nw, h preporM a.au,Rwy Iv tho,a pv6„ ..tee. No r„pm,amy w rwbrty h —„ by the wn„yar fw eM by cthw, nee .pedkoty named- Not else .ith-t the igloWra m0 smbm,M seat e/ nwiaa Ikm,eO viney,r eM m.ppw NaTO. Thw, va no r,W. oboes pound ancoorlunmta n,,pt e, eh,.n. No ,lt.mpl .o1 mods to locol, -ft,7 .,d '.np,--t. and/or mcoaWnmb 0f my) a, pvl or MI. --y. TN. wr.ay .m papolM in occordana aiM mink— t tl kel t.d.d..,tM W by In. nanda Boord of S—rw and Popp— (Cnoptw 6107-6. FAG) ponumt to Seat'm a7z027, Florid. Stelut. . o.. z 11 N M l oO ECIOSEE ASPNMT a REMY U1XED CONCRETE, wC TRADEWINDS SURVEYING SERVICES, LLC. 200 S.X. 3rd Avenue Okeechobee. FL 34974 Tel: ([i83) 783-2807 Fax: (B03) 763-4342 Emall: kab.t s®i ahoo.com Q tECENO O-Sat Yon Rod end Cop •KAB LS e820' ■-F... d CY •-Found Iron RM (md Cop) 0-Fo-d Pip, (md cop) ABBRENATIONS pa.1.n." arsuwl., un.eml. rv; a- .u. .a m¢ e., a b-o.ea•w1..--.4b 1—, �..rw1.1A N• N «a as ,. ':..uccmi ': i.. t=cw I:., v:r� x•""" lM Facet K M al GwK t¢-hHM espan, dMra fO� 1>EspbpnoN DVr- DATE Br eK BOUNDARY 9JRVEY 0R a 16 /T / WC KAB Kenneth A. Breaux. Jr. PSM 4ti20 LB NO. BOB7 ( ) W I,q^.. IUID.Pb Nmty eV Y!^We .•.ee�c ./,-1,P1•✓•RA sdec s(T•I«w.1A T•r.a.0 m•upa,. d,ra . s.aa s.c .•..Ic rtlT•M11en un•vaAKwkA"-•sw1 ornro� M... a,.e¢.I.a o.1M. FILE: 30172 U08 x0: J017T FB G ]IS ] SCALE- 1• 60' k it ir,7�. ,L ANL rD t tA 9' M 'A6. ;Wow. 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EXPIRES: Apd120.2020 R°.,t� °p• BMW Thru Notary Public Undondsrs -ir'lq filinu/e Pa�f LX-3 Okeecho ews 107 SW 17th tr- et, A4e Okeechobee, -ida 3497 �Q,S 863-76 - 34 PUBLIC NOTICE FUTURE LAND USE CHANGE PROPOSED CITY ORDINANCE ICE IS HEREBY GIVEN that the City Council of the City of Okeecho- wlll conduct a Public Hearing on Tues, Jul. 19, 2016, at 6 PM, or as thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, R, to ider final reading for adoption of the followingg Ordinance into law: No. 7: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA :LADING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, IINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE D USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICU- LY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL PUBLIC FACILITIES TO INDUSTRIAL APPLICATION NO. 102-SSA •PROVIDING FOR INCLUSION 0 ORDINANCE AND [SED RE LAND USE MAP IN THE COMPREHENSIVE PLAN; VIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; VIDING FOR AN EFFECTII%E DATE. Ordinance B regarding Small Scale Cogpp ehensive Plan Future Land Map Amendment Application No. 16-002-SSA. submitted by Robert registered agent of Okeechobee Asphalt & Ready Mixed Cona on Mximately 6.5 acres, located at 500 NW 9th Street. LEGAL: LOCKS 27 AND 40: LOTS 11 TO 16 OF BLOCK 28: LOTS it TO if A LYING 115 11 TO 16 OF BLOCKS 28 AND 39, ALL IN THE PLAT OF PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. AND PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEEC FL All members of the public are encouraged to attend and participate in s Hearing. The proposed ordinance may be Inspected in Its entirety by me bers Of the pubic at the Office of the City Clerk during normal busine hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by. the C Council with respect to any matter considered at this meeting will need ensure a verbatim record of the proceeding Is made and the record induct the testimony and evidence upon which the appeal will be based. In am dance with the Americans wdh Disabilities Act any person with disability as defined by the ADA, that needs special accommodation to p; tidpate in this proceeding, contact the City Clerk's Office no later than h business days prior to proceeding, 863-763-3372, BE ADVISED that should you Intend to show any document, picture, vid or items to the Coundi In support or opposition to any item on the agent a co of the document, picture, video, or Item MUST be provided to t GtyGGCttlyyerk for the Cdy'srecords. B%780 ON 7% aClerk ne 6amlotea, CMC -k xhibit 4 RESOLUTION NO.2016-01 July 19, 2016 A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 19, 2016, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating and apportioning solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of an annual rate resolution that the City must enact a preliminary rate resolution, which includes the requirement of the City Administrator for the City of Okeechobee, to prepare an updated assessment roll; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2016, and said assessment is a non -ad valorem assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specific parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. Resolution No. 2016-01 - Page 1 of 2 LM SECTION 3. DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to the citizens of the City of Okeechobee for solid waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid waste company acceptable to the City for the provision of such services; for such company to provide the labor and equipment necessary to fulfill solid waste services; to provide receptacles for collection; to provide for scheduled and emergency pick up services; to provide for pick-up of white goods, trash and yard debris; and such other services customarily associated with such franchise services. SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that the solid waste assessed costs to be assessed for the upcoming Fiscal Year is the estimated sum of $405,695.76 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $230.64. SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to prepare an updated assessment roll for the Fiscal Year ending September 30, 2017, in the manner provided for in Ordinance No. 784. The updated assessment roll shall be certified on a compatible electronic medium with that of the Tax Collector, and shall post the non -ad valorem assessment for each parcel on the roll, to be presented to the City Council for adoption at an annual rate resolution, which shall be certified to the Tax Collector before September 15 of the current year. The City Council may make corrections or alterations to the roll up to 10 days prior to certification to the Tax Collector. SECTION 6. PUBLIC HEARING. The City Council authorizes and sets for public hearing the adoption of the annual assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public comment pertaining to adoption of the annual assessment roll on the following date and time, which shall be duly published by the City Clerk for the City of Okeechobee, Florida, to -wit: Date: Tuesday, July 19, 2016 Time: 6:00 p.m., or as soon thereafter as can be heard. Place: City Hall, 55 S. E. 3rd Avenue, Okeechobee, Florida. The City Clerk is further directed to provide any supplemental or additional notice of adoption of the annual assessment roll as may be deemed proper, necessary or convenient to the City. SECTION 7. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, and then the balance thereof shall continue to remain in full force and effect. SECTION 8. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED at a Public Hearing held this 191h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 2016-01 - Page 2 of 2 Exhibit 5 July 19, 2016 RESOLUTION NO.2016-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2016-2017; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which authorized the imposition of Solid Waste Assessments against certain assessable property located within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a public hearing on July 19, 2016, which provided the opportunity to hear testimony and take written objections from the public and interested parties in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective time period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law, and WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter, the chair of the local governing board must certify a non -ad valorem assessment roll to the Tax Collector, which is necessary for the imposition of such assessments; and WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and efficient method of allocating solid waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida; and WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment program for the Fiscal Year beginning on October 1, 2016, and said assessment is a non -ad valorem assessment; and WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2016-2017 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual assessment; and NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01-08, Florida Statutes 197 and other applicable provision of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improved property shall be based on one or more of the following: a. Classification of improved property reasonably related to the generation of solid waste or recovered materials. b. The physical characteristics of a specified parcel or building. c. Any other factor reasonably related to the generation of solid waste or recovered materials; or d. Any combination of the foregoing; provided however, that the factor or combination of factors employed to compute the solid waste assessment shall result in a rate of assessment not in excess of the special benefit accruing to such parcel of improved property. Resolution No. 2016-02 - Page 1 of 3 SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. a. It is hereby ascertained, determined and declared that continued imposition of an annual Solid Waste Assessment consistent with the maximum Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and Resolution No. 01-08, and also as adopted as the preliminary rate resolution for Fiscal Year 2016-2017 adopted by the City Council at a duly advertised hearing continues to be a fair reasonable method of allocating waste collection and disposal costs among parcels of property within the incorporated area of the City of Okeechobee, Florida. b. That the City Administrator has caused to be prepared the assessment roll for the Fiscal Year beginning October 1, 2016, and ending September 30, 2017, in the manner provided for in Ordinance No. 784. The solid waste collection and disposal cost for which the solid waste collection and disposal assessment is intended to pay is $405,695.76. The cost shall be apportioned among the parcels of real property within the incorporated area of the City of Okeechobee, Florida as reflected on the assessment roll. c. It is hereby ascertained, determined, and declared that based upon the findings set forth in paragraph (a) and the solid waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2016-2017 Fiscal Year as set forth in Appendix A and attached hereto and incorporated herein to continue an increase in the Assessment Rate included in any notice previously provided to owners of assessable property pursuant to Ordinance No. 784, Resolution 01-8, and Chapter 197 Florida Statutes. d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator is hereby approved and adopted for the 2016-2017 Fiscal Year, and the chair of the local governing board, being the Mayor for the City of Okeechobee, Florida or his designee', shall certify this non -ad valorem assessment roll on compatible electronic medium to the Tax Collector for Okeechobee County, Florida by September 15, 2016, which roll shall contain the posting of the non -ad valorem assessment for each parcel. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2016 is adopted as the rate of assessment for the 2016-2017 Fiscal Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make such alterations to the assessment roll for up to ten days prior to such certification if errors or omissions are discovered in the roll. SECTION 5. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 6. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED during a Public Hearing held this 19rh day of July, 2016. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2016-02 - Page 2 of 3 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2016: $230.64 The maximum amount to be levied in the year 2017: $242.17 The maximum amount to be levied in the year 2018: $254.28 The maximum amount to be levied in the year 2019: $267.00 The maximum amount to be levied in the year 2020: $280.35 The maximum amount to be levied in the year 2021: $294.37 The maximum amount to be levied in the year 2022: $309.09 The total annual revenue to be collected by this assessment for 2016-2017 is: The estimated total annual revenue to be collected by this assessment for 2017-2018: The estimated total annual revenue to be collected by this assessment for 2018-2019: The estimated total annual revenue to be collected by this assessment for 2019-2020: The estimated total annual revenue to be collected by this assessment for 2020-2021: The estimated total annual revenue to be collected by this assessment for 2021-2022: The estimated total annual revenue to be collected by this assessment for 2022-2023: $405,695.76 $425,980.55 $447,279.58 $469,643.56 $493,125.74 $517,782.03 $543,671.13 Resolution No. 2016-02 - Page 3 of 3 4' 4 A n h v ar ;a t, e ;r l vi lr 11 It D: a] of vi STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a,` in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 6-a6-r6 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this d':fertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed be )re me this -- -764 day of CC / Notary Public, State of Florida at Large f� ••IINY PfIq,•y ANGIE BRIDGES W COMMISSION # FF 976149 EXPIRES: Ap0120,2020 ,,o: �•• ft1d6d n1N NOfaty NNWt)(1de(ThTii9ti See wckfor Ad Okeechobee t 107 Ste/ 17th Stree Okeechobee, Flori 863-763-31 NOTICE OF PUBLIC NEARING TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID WASTE COLLECTION SPECIAL ASSESSMENTS 'URSUANT TO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY GIVEN by the City Council )f the City of Okeechobee, Florida, will conduct a Public Hearing to consider continuing the mposition of annual solid waste collection special assessments for the provision of residen- tial solid waste collection and disposal services within the incorporated area of the City of )keechobee, Florida. the Hearing will be held at 6:00 p.m., or as soon thereafter as possible, on Tuesday, July 19, ?016 in the Council Chambers, City Hall, 55 SE 3rdAvenue, Okeechobee, Florida, for the purpose )f receiving public comment on the proposed assessments. All affected property owners have i right to appear at the hearing and to file written objections with the City Council within twenty '20) days of this notice. If a person decides -to appeal any decision made by the City Council, Nith respect to any matter considered at the hearing, such person, will need to ensure that a ierbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA) of 1990 persons needing >pecial accommodation to participate in this proceeding should contact the City Clerk's Office 3t 863-763-3372 for assistance. opies of the Solid Waste Collection, Disposal and Assessment Ordinance No. 784 and all Subsequent Assessment Resolutions are available for inspection at the Office of the City Clerk ocated at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Monday to Friday, 3:00 a.m. to 4:30 p.m. except holidays. the assessments are a non -ad valorem assessment and will be collected by the Tax Collector n the same manner as your ad valorem tax bill, to be mailed in November 2016, as authorized )y Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certif- cate to be issued against the property, which may result in a loss of title. 3y: James E. Kirk, Mayor Attest: City Clerk Lane Gamiotea, CMC 'roposed Resolutions No. 2016-01 and 2016-02 Exhibit 6 my 19, 2016 ORDINANCE NO. 1138 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM PUBLIC FACILITIES TO INDUSTRIAL ZONING DISTRICT (PETITION NO. 16-002-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Robert Gent, Registered Agent for Okeechobee Asphalt & Ready Mixed Concrete, Inc., has heretofore filed Petition No. 16-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 6.45 acres from Public Facilities to Industrial Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and WHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on June 16, 2016, determined that such petition is consistent with the Comprehensive Plan; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds such rezoning petition to be consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 6.45 acres, as the subject property, located in the City of Okeechobee, to -wit: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 27, RUN EAST A DISTANCE OF 385 FEET TO THE NORTHEAST CORNER OF LOT 11 OF BLOCK 28, THENCE SOUTH A DISTANCE OF 715 FEET TO THE SOUTHEAST CORNER OF LOT 16 OF BLOCK 39, THENCE RUN WEST A DISTANCE OF 385 FEET TO THE SOUTHWEST CORNER OF LOT 6 OF BLOCK 40, THENCE RUN NORTH A DISTANCE OF 715 FEET TO THE POINT OF BEGINNING, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. ALSO DESCRIBED AS: LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 27; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 28; LOTS 11 THROUGH 16 INCLUSIVE OF BLOCK 39 AND LOTS 1 THROUGH 6 INCLUSIVE OF BLOCK 40, TOGETHER WITH THAT PART OF NORTHWEST 10TH STREET (FORMERLY KNOWN AS 16TH STREET) LYING BETWEEN LOT 6 OF BLOCK 27 AND LOT 1 OF BLOCK 40 AND BETWEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF NORTHWEST 7TH AVENUE (FORMERLY KNOWN AS OKEECHOBEE AVENUE) LYING BETWEEN NORTHWEST 9TH AND 11TH STREETS, ALL ACCORDING TO THE PLAT OF OKEECHOBEE, RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1138 Page 1 of 2 SECTION 2: ZONr , MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Public Facilities (PUB) to Industrial (IND). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (16-002-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 19th day of July, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 16th day of August, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1138 Page 2 of 2 staff Report Rezoning Request Prepared for The City of Okeechobee Applicant: Okeechobee Asphalt & Ready Mixed Concrete, Inc. Petition No.: 1 6-002-R t _ca I :..Planning v:& !Management Services, Inc. b'swl.Tijickson Street, Suite 206 Fun Nlyen, Floritb 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R General Information Okeechobee Asphalt &ReadyUzed Concrete 'Owri&/Applicant P.O Box 1994 :Okeechobee, FL 34973 Site Address 500 NW 9th Street -.,-Okeechobee, FL 34972 Contact PPerson VY~ Stephen -L DoE?bs, Agent _ Contact Phone Number 863-824-7644 =":Contact Email Address�i sdobbs@stevedobbsengmeermg :cot Legal Description of Subject Property Parcel Identification Number: 3-15-37-35-0010-00400-0070 Legal Description: Beginning at the NW corner of Block 27, run East a distance of 385 feet to the NE comer of Lot 11 of Block 28, thence South a distance of 715 feet to the SE corner of Lot 16 of Block 39, thence run West a distance of 385 feet to the SW corner of Lot 6 of Block 40, thence run North a distance of 715 feet to the Point of Beginning, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public records of St. Lucie County, Florida. Also described as: Lots 1 to 6 inclusive of Block 27; Lots 11 to 16 inclusive of Block 28; Lots 11 to 16 inclusive of Block 39 and Lots 1 to 6 inclusive of Block 40, together with that part of Sixteenth Street lying between Blocks 27 and 40 and between Lot 16 of Block 28 and Lot 11 of Block 39 and all that part of Okeechobee Avenue lying between Fifteenth Street and Seventeenth Street, all according to the Plat of Okeechobee, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida. Request The matter before the Local Planning Agency and City Council is an application for rezoning of a 6.45-acre parcel currently zoned PUB, Public Facilities to IND, Industrial. The parcel is also the subject of a concurrent Small Scale Development Plan Amendment (SSA) to change 1.93 acres from Single -Family to Industrial and 4.52 acres from Public Facilities to Industrial on the Future Land Use Map (FLUM). Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R The current and proposed Future Land Use designations, zoning, existing land uses, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 8, 9 and 10. Existing Proposed 'Future Land Used Single Family Residential (30%)� Industrial ------------. - ;; Zoning. District PUB, Public Facilities (ent'ire parcel) IN , Industrial _Use of Property,: LFDOT Maintenance Yard 1 Materials storage'_ _ Acreage 6.45 acres 6.45 acres iFuture Land Use, Zoning, and Existing Uses on Sprrounding Properties �,, F� uture Land Us`e Map Classification ;Multi Family f Future Land Use Map Classification Multi -Family & Industrial East Zoning District RMF & IND Existing Land Use Vacant Future Land Use Map Classification Ind�astnal sout iZoning=Distnct'F INC Existing Land Use Industrial (Okeechobee Asphalt) Future Land Use Map Classification Single -Family & Multi -Family West Zoning District: RSF1 & RMF Existing Land Use One single-family home balance is vacant Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. Li -,1_2' Nu- 2 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed request is not contrary to the Comprehensive Plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for a Small Scale Development Plan Amendment (SSA) to the City's FLUM to change the Future Land Use designation from Public Facility and Single -Family to Industrial. Staff has recommended approval of that request and found the change to be consistent with the Comprehensive Plan. If the Applicant's request for an Industrial designation on the FLUM is approved, the only zoning district that is consistent with the Industrial Future Land Use category is IND, Industrial, and the Applicant's requested rezoning should be approved. On the other hand, If the City denies the FLUM change to Industrial, a rezoning to Industrial would be inconsistent with the City's Comprehensive Plan and should not be approved. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed request to continue to use the property as it has been used in the past is authorized under Industrial." Staff Comment: The Applicant intends to use the property much as it has historically been used by FDOT, i.e., "for materials storage (crushed concrete, asphalt millings, and other such construction materials) office, and construction equipment repair." Outdoor storage, business office, and mechanical and repair services are specifically identified in the list of permitted uses of the Industrial Zoning District under items (9), (1), and (6), respectively. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as the property under the same ownership has been used as the current owner is planning to use it in the future." Staff Comment: As explained in the Staff Comments to the Small Plan Amendment (16-002-SSA), the continuation of the uses similar to those that have long been establish on the site will have no effect upon the ability of the various services providers to continue to provide public services. Furthermore, even if the property is developed to a greater intensity, public facility capacities will not be adversely affected. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R Furthermore, we believe that an Industrial designation for the entire property would recognize its past and current use and could be considered a logical extension of the industrial corridor in this area and consistent with the urbanizing pattern of the area. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel." Staff Comment: We believe the subject property continues to be suitably located for industrial use and that its size is adequate to provide for appropriate buffering and screening from the nearby residential uses to the extent that may be necessary. The single-family use adjacent to the extreme southwest comer of the subject property, is located nearby to the existing Okeechobee Asphalt facility and has for many years been the nearest neighbor to the FDOT maintenance yard. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized." Staff Comment: Staffs assessment of the compatibility of the requested rezoning with adjacent land uses would support the opinion that the proposed uses will not adversely affect property values or living conditions. With regard to the industrial designation acting as a deterrent to development of adjacent property, the existing FDOT use was not a deterrent to the private market selection of the properties to its immediate north as the site of the Southern Trace multi -family development. Rather, this development was a victim of the housing bust associated with the "Great Recession". We believe that the areas of significant activity can be located sufficiently from the boundaries of the property to provide an adequate spatial buffer. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. "The property's use is not going to change as result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel." Staff Comment: The current use appears to have adequate setbacks adjacent residential zoning. However, Sec. 90-454 requires that outdoor storage uses are screened from adjacent residential zoning districts. This applies whether or not the residentially zoned properties are vacant or developed. While there is a fence along the perimeter of the property, in no place does it appear that this fence serves to visually screen the uses from adjoining residentially zoned properties. To the extent that outdoor storage occurs, or will occur along, the eastern property line adjacent to the RMF zoning, or the western property line adjacent to the RMF or RSF1 zoning, screening should be provided as required by §90- 454 in nonresidential districts. There is nothing about the property that is so unique as to indicate that buffering or screening, if needed, could not be accommodated. 7. The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The past use has not created nor will the future use create a density pattem that would overburden any of the public resources in the area." Staff Comment: The proposed use is not residential and therefore has no density component or effect upon schools. Furthermore, the intensity of the proposed use has been described in both this and the Staff Report for 16-002-SSA in a manner that clearly indicates that neither the actual proposed uses nor other likely or allowable industrial uses would overburden water, sewer, solid waste facilities or local transportation facilities. Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Okeechobee Asphalt Petition No. 16-002-R The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. "As there are currently no plans to construct additional facilitiis on this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9th Street ROW there is no plan to change existing drainage patterns, nor impact public safety. Staff Comment: We agree with the Applicant that continuation of the types of activities historically undertaken on the property will not result in increased traffic congestion, flooding or drainage problems. However, the fact that there are no plans to change the nature or intensity of the existing industrial uses on the property is not the appropriate basis for determining whether or not the proposed use (i.e., industrial use) may create traffic congestion or other problems. Rather, the City needs to look to the future and review the application in the context of what uses might practically be developed on the property. This analysis was prepared by the Staff for the proposed Comprehensive Plan Amendment (16-002-SSA) and it was determined that traffic levels that could be expected if the parcel were redeveloped under Industrial Future Land Use and Zoning would likely be less than that which could result from redevelopment under the current Future Land Use and zoning designations. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions." Staff Comment: Neither the use of the parcel for the: proposed continuation of the outdoor storage, mechanical and repair services, and office use; or, other conventional industrial uses will be inordinately burdened by unnecessary restrictions. Recommendation Based on the foregoing analysis, we find the requiested rezoning to Industrial to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. It should be noted, however, that if the City approves the requested amendment to change the Future Land Use Category of the subject property to Industrial, the only Zoning District consistent with that designation is the Industrial Zoning District. Therefore, the rezoning request would need to be approved. However, if the requested Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R Future Land Use change is denied, then the requested zoning change should also be denied on the basis of its incompatibility with the Comprehensive Plan. It is important to be aware of this because once the Small Plan Amendment is acted upon, there are limited options with regard to the rezoning. Submitted by: Wm. F. Brisson, AICP Planning Consultant June 8, 2016 Planning Board Hearing: June 16, 2016 City Council Public Hearing: July 19, 2016 (tentative) Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 Staff Report Applicant's Name- Okeechobee Asphalt Rezoning Petition No. 16-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS 4 #0 it 12 lit 1-.4 20 a, Z2 .13 24 25 �t 1-ij wi Z < 4.1 112 7_ 5 4 3 2 1 C'0WRf'Hf-WkVf PLAN, i.AKP, USE b� Xo,vikig Morkta Lcycal N.W. M Street 2 Lu .D 2 1 28 39 17 18 19 20 21 22 23 24 26 26 9 8 7 6 : 4 9 Staff Report Applicant's Name: Okeechobee Asphalt Rezoning Petition No. 16-002-R ZONING SUBJECT SITE AND ENVIRONS 21 Z-1 Z SVA*Ct Mr,7110 CA, KYV, 9th Street 3 1- 18 ) -,t 'n, Z! -,A � W. is 10 0 a k a Z I 4-5 4q� f, 20NNG 'N 41K - -IfAM � t4hMER C0 LAW, Z,'0%WW-,A. RW W-�, GE 147 k E, aidNC ?Sw Staff Report Rezoning Applicant's Name- Okeechobee Asphalt Petition No. 16-002-R EXISTING LAND USE SUBJECT SITE AND ENVIRONS r i< f4 Vat 'Okeechcabev Asphalt pow 1 *6 X J I &6 10 Nerving �^hldda I a%. ` r— - City of Okeechobee Date: _ 4 Pe`'.;-)n No. 1 U-d W - General Services Department _ Fee Paid: � 5 , Jurwuiction: n r ��, � �fi �� � � �� � 55 S.E. 3`d Avenue Room 101 S 1Hearing: �P�(B -( �� 2" Hearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Publication Dates: 5.2R-I(v e 6-8"140 6p6 .5 ' 1 Notices Mailed: (.P- Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property Owner(s): Okeechobee Asphalt & Ready Mix Concrete, Inc. 2 Owner mailing address: P. O. Box 1994, Okeechobee, FL 34973 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E-mail address: JPalmer@lynchpaving.com 5 Name of contact person (state relationship): Steven L. Dobbs, P. E. - Consultant 6 Contact person daytime phone(s): 863-824-7644 PROPERTY INFORMATION Property address/directions to property: Pore-bi4 Ave) 7 500 NW 9th Street, Okeechobee, FL 34972 0 Approximately 0.4 miles west of the intersection of NW 9th Street and Highway 44IN on the north side of NW 9th Street. Describe current use of property: The site historically was used as the maintenance yard for FDOT. The current owner proposes to use the site as it has been 8 used historically. Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. There is currently a 442 sf office building, a 4,284 sf warehouse, and a 1,322 sf Mobile 9 office building. Source of potable water: well Method of sewage disposal: Septic Tank 10 Approx. acreage: 6.5 Ac Is property in a platted subdivision? Yes, City of Okeechobee Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: Vacant, Undeveloped East: Vacant Undeveloped South: Industrial Asp►^aIT JPav1nS West: Single Family Residence/Vacant 14 Existing zoning: Public Facilities &-S]�R Future Land Use classification: Public Facilities � S i= 15 Have there been any prior rezoning, special exception, variance, or site plan approvals on the property? (2LJNo (_)Yes. If yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone (_) Special Exception (_) Variance 17 Parcel Identification Number: 3-15-37-35-0010-00400-0070 1 ,X`'� rqq-/r (Rev 3/5/15) Page I of 11 V ,%W REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: Owner Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 4/6/2016 - Attached 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger th� an 11x17) cnontgaining: a. Certified boundary survey, date of survey, surveyor's name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date "d to e_le_i For questions relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 218 (Rev 315/15) Page 2 of 11 ywicvio .c l uy u-y ntvne Detail by Entity Name Florida Profit Corporation DKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. Filino Information Document Number P07000032499 FEI/EIN Number 20-8610499 Date Filed 03/13/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE, FL 34972 Mailing Address P.O. BOX 1994 OKEECHOBEE, FL 34973 Changed: 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/19/2012 Address Changed: 01/19/2012 Officer/Director Detail Name & Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE, FL 34986 Title TR LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTU IT, MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT, MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT, MA 02635 Annual Reports Petition No. I b-Wa- r Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of AK11- 2c 20 t4 and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this day of Signature of Applicant Name of Applicant (printed or typed) State of Florida County of Okeechobee q-jq-l� Date Sworn to and subscribed before me this day of ; �142 Pers_ onaliy kn� to mel U-l4� `t CJ or produced as identification and did not take an oath. • •li t• • . Seal: JACQUELINE J PALMER 'Offa MY COMMISSION #FF159428 ° EXPIRES September 11, 2018 (407) 398-0153 FloridallotaryService.com (Rev 3/5/15) Page 3 of 11 ADDITIONAL INFORMATION REQUIRED FORA REZONING A Current zoning classification: Public Facilities/0 Requested zoning classification Industrial Describe the desired permitted use and intended nature of activities and development of the property? B 3-15-37-35-0010-00400-0070 Is a Special Exception necessary for your intended use? (X ) No (_) Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (X_) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 3/5/15) Page 6 of 11 Findings requires' rezoning or change in land developme igulations (cont.) 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 09114) Page 7 of 11 Okeechobee Asphalt & Ready Mixed Concrete, Inc. Responses to Standards for Considering Changes in Zoning 1. The proposed change is not contrary to the Comprehensive Plan Requirements; The proposed request in not contrary to the Comprehensive plan requirements and has been used and Public Facilities and Single Family Residential as the past land owners did. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations; The proposed request to continue to use the property as it has been used in the past is authorized under Industrial. 3. The proposed use will not have an adverse effect on the public interest; The proposed land use change would have no effect on the public interest as the property under the same ownership has been used as the current owner is planning to use it in the future. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses and is not contrary or detrimental to urbanizing land use patters; The proposed use is appropriate for the location and compatible with the adjacent land uses as the parcel was previously used as the current owner is planning and there is Industrial Zoning to the east and south of this parcel. 5. The proposed use will not adversely affect property values or living conditions, or be a detriment to the improvement or development of adjacent property; As stated previously, the use has been the same on the property for many years as they will continue into the future and if there were any impact to the factors above, they would have already been realized. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood; The property's use is not going to change as a result of this rezoning. The land to the north and northeast is zoned multifamily residential, however there is nothing currently developed on these properties. The land to the southeast is zoned industrial and is also undeveloped, but would require no screening. The land the west is zoned single family residential, while the land to the north west is undeveloped, there is a single family residence to the south west and can be screened if required by the City as there is already large trees existing on the east property line of the developed single family parcel. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services; The past use has not created nor will the future use create a density pattern that would overburden any of the public resources in the area. 8. The proposed use will be create traffic congestion, flooding, or drainage problems, or otherwise affect public safety; As there are currently no plans to construct additional facilities on this parcel, the use will not create nor have a detrimental impact to the factors stated above. This property has an existing ditch that currently discharges into the NW 9 h Street ROW there is no plan to change existing drainage patterns, nor impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions; The proposed use is the same as the previous use, which has not caused the parcel to suffer from inordinately burdened by unnecessary restrictions. Okeechobee Asphalt & Ready Mixed Concrete, Inc. (Description of requested land use change and reason for request) Okeechobee Asphalt & Ready Mixed Concrete, Inc. currently owns approximately 6.5 acres located in Section 15, Township 37S, and Range 35E. The property's parcel ID is 3-15-37-35-0010-00400-0070. It is currently located in the City of Okeechobee with a current zoning of PUB — Public Facilities and a FLU of Public Facilities for the abandoned portion of NW 7`h Avenue between NW 1 Ph Street and NW 9"' Street and the abandoned portion of NW 10'' Street between NW 8t' Avenue and the east boundary of the parcel and block 27 and the west portion of block 28 in this parcel. Block 40 and the western portion of block 39 have a FLU of Single Family Residential. The primary intent of rezoning this parcel is to bring all land owned at this location into uniform zoning. The owner has purchased this parcel from FDOT and is planning to use the parcel as FDOT did historically for material storage (crushed concrete, Asphalt Millings, and other such construction materials), office, and construction equipment repair. This application is for the City to grant a zoning on this parcel from the existing Public Facilities and Single Family Residential to Industrial. The existing access to this property is from NW 9 h Street from the south. Okeechobee Asphalt & Ready Mixed Concrete, Inc. requests that the Planning Board recommend to the City Council to grant the request to zone this parcel of land to Industrial. 0 m chobee Asphalt and Ready Mix Concrete,` 016c. Comprehensive Plan and Rezoning Legal Description ALL LESS W 660 FT ALSO COM AT SW COR OF SEC 5 BEAR ERLY ON S LINE OF SEC 5 DIST OF 50 FT TO ERLY R/W LINE OF PLATTS BLUFF RD & POB THENCE BEAR NRLY ON ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT THENCE BEAR ERLY & P/L TO S LINE OF SEC 5 DIST OF 610 FT THENCE BEAR SRLY & P/L TO ERLY R/W LINE OF PLATTS BLUFF RD DIST OF 715 FT TO S LINE OF SEC 5 THENCE BEAR WRLY ON S LINE OF SEC 5 DIST OF 610 FT BOUNDARY SURVEY PREPARED YOR OKEECHOBEE ASPHALT & READY MIXED CONCRETE, INC. DESCRIP770N.- B£CYNNING AT THE NW CLRNFR OF BLOCK 27, RUN EAST A DISTANCE Or J85 FEET 70 THE NE CORNER OF LOT 11 or BLOCK 26, THENCE SOUTH A DISTANCE OF 715 FEET 70 THE SE CURRIER OF LOT 16 OF BLOCK 39,7HENCE RUN WEST A DISTANCE OF J85 FEET 70 THE SW CORNLF or LOT 6 OF BLOCK *a THENCE RUN NORTH A DISTANCL- OF 71S FEET TO 7H£ POINT OF BECYNN/NG, ALL ACCORDING TO THE PLAT OF OYFEMORE& RECORDED IN PLAT BOOT' 2 PACK 17. PUBUC RECORDS Or Sr LUOYE COUNTY, FZORIDA. Tn� �A 1 � ALSO DESCR18EV AS- and WJ (Qt�rGi!L� Ux, PfbST F�?C) P(A-b4L g-:b'(d-S L?.� DI�.P ni-f .u!- ? .�I�/SL , FL . LOTS 1 70 6 INCYU9VE Or BLOCK 27; L07S It 70 16 INCLUME Or BLOCK 28,• L07S 11 70 16 1NOYU9VE OF BLOCK 39,- LOTS 1 70 6 INCYU9V£ C1- BLOCK 40, TOGETHER W17H THAT PART OF 9XIEENTH STREET LING BETIfE'EV BLOCKS 27 AND 40 ANO B£TKEEN LOT 16 OF BLOCK 28 AND LOT 11 OF BLOCK 39 AND ALL THAT PART OF O'CEECHOBEE AVENUE LINC BETREEN f7F7EEN7H STREET AND SEVENTEENTH STREET, ALL ACCORDING 70 THE PLAT OF OKEECHOBEE RECORDED IN PLAT BOOK 2 PACE 17, PUBUC RECORDS Or ST. LUCIE OYX/NTY, fZORIVA. 7-V� o f 1! i 0 tI PROJECT SPECIRC 11107ES.• 1) UNLESS SHOWN ODIERWIS& ALL DIMEN9AVS ARE DEED(D) ANO MEASURED(M). 2) 9TE ADDRESS 500 NW 9TH STREET. J) PARCEL ID. 3-15—J7-35-0010-00400-0070. 4) F.M.M. ZONE :t; MAP NO. 1209JC041= DATED 07/16/15 S) BEARING REFERENCE THE NORTH R1CHT—OF—WAY LINE OF NW 97H STREET 1S TAKEN TO BEAR Sam 89 f9 J6' KEST. 6) THE DESCRIPRLW SHOWN HER£OV WAS PRONDED BY THE CLIENT OR THE UTEN7'S RDIRESENTA 17M SURVEY 7) THIS 15 NOT INTENDED TO DEPICT.R/RISOICROVAL AREAS CR OTHER AREAS OF LOCAL CONCERN. B) SURVEYOR WAS NOT PROIDED KITH ANY RILE INFORMA RON FOR THIS PARCEL SURVEYOR ASSUMES NO RESPON98IUTY OR UASIUTY FOR 771E ACCURACY OF EASEMENT LIMEN90NS SHOWN HEREON, THERE MAY B£ O7NER EASEMENTS OR RESIRICAOVS THAT EFFECT THIS PARCEL 9) THE SURVEY OD-107ED HERE IS NOT COW9?ED BY PRO`E59QNAIL LIABILITY INSURANCE AD0177OVS OR DaVICAIS 70 SURVEY MAPS OR REPORTS BY OTHER THAN THE 9CIVINC PARTY OR PARRES 15 PRORISI7ED IW7710UT WRITTEN CONSENT Or 171E 9CN1NG PARTY OR PARRES 10) DATE OF LAST REID SURVEY.- 04/25/16. 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Ronda Statutes O USE r: TRADEWINDS SURVEYING SERVICES, LLC. GE O -KAB Ctl Z OKEECHOBEE ASPHALT a READY MIXED CONCRETE. INC 200 S.N. 3rd Avenue SSel0lron Rod and Cop LS 4520' ■-Found •-F-.d Iron Rod (and Cop) O-Found Pipe (ond Cap) o Okeechobee. Fl- 34974 ABBREVIATIONS 4 4.c�l.r.c o-u..rl.¢ an-rm. Ir. w• DESCRIPTION DMG DATE BY CK N Tel: (863) 783-2867 e.d.•u� lya1ro-Iv6 ., fec we(Ct} (��'Foa0e.le hpA�=.�.r BOUNDARY 91RVEY O4/21 xA8 tT O Fax: (883) 763-4342 - "c- O �l ma:ay.Q el1 a..a4.� ,m_ .ft.e K'el WwYc h 1„Fl N Ibra-ne 1 G.N I.i•t ICe-Iinl N e•T^I'p PoC•Ie:.l N Cw.nn•wn..t D- Iinl N eewe, f.•.aNe IWM1.v.nl eHw,w Yw.+et II-faMt N I.p.r . N!a-PiFlc tnnU/ .d pri^WF A•eNlrF e/e-xq.l-N-IaF Kenneth A. Breaux. 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Ibl 0 O O 00 00 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N .- � � (p N m N N N N N N N .- NU(1 W Of 0 0 (D0(7U� 0 0 0 0 U�U` 0 0 0(D(D 0 0 0(DC��UC�UC7C� 0 0 0 O_ O O p p 0 0 0 0 0 0 0 U LL U- c7 (n » 7 U U m LL LL Un CO LL (n LL co LL LL to w LL LL Un Cn LL Un LL co LL W cn to LL tq LL W Cn m LL cq Q7 O LL @ to LL m LL cn LL LL (n cn LL U- In (q LL> cn 'c Qloo13E7�OOmI-i-F-F-I-F-F-f-F- E- F-I- I- F-F- F- LLLLmHFF-♦-♦- --F-F-0 O C O e O N co u7 eo N LO OD Cl) h co ` a O N ^_ l6 C) L) O N = W pJ = N C7 W N N N O co _ N LO �- N N N .0 M (O �n O N U Q N C N O OB M C O ,C r h~ 0 C > N N r N ro U' _ 5„ N O a ro Eo oN ro O E r � O J OU mm c m c (U >.> `� M cc, c 0 U 000 n co 3co o°' N°�rnrn O d @ C N L O S .T W O E 0 U O 0 0 N V 0 N@ C U C .0 C N@ N C U .0 C O Y Y Y [A @ o E ro 6 L m@ w c E o = N m o n a� U O ro O m W @ (7 M w>'� ro 0 a a c 0 co m c c c U W c ro@ c ~ >> W ro N S ro m U r a� Cu) — (_@p c Q W �' F- o o LL L m Cn ro N N N 0 ca C C Y 0 O> (U C@ O N 7 C r L O C U a S' s N `, L W~ N N> _U Z Z N O C c c 0@ E Y> F-�% inQ� (U �Q�c�Sci❑ia C@@ �mSz co fn SLLLL OUn Cnf- Vn U 0 0 O r) LL�So RESOLUTION NO. 2016-05 Exhibit 9 . -y 19, 2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE PROVISION AND FUNDING OF FIRE PROTECTION SERVICES AND FACILITIES WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR THE IMPOSITION OF FIRE PROTECTION SERVICES ASSESSMENTS THROUGHOUT THE ENTIRE AREA OF THE CITY; ESTIMATING THE TOTAL AMOUNT TO BE FUNDED THROUGH IMPOSITION OF THE FIRE PROTECTION SERVICES ASSESSMENTS FOR FISCAL YEAR 2016-17; ESTABLISHING THE METHOD OF ASSESSING THE FIRE PROTECTION SERVICES ASSESSED COST AGAINST REAL PROPERTY SPECIALLY BENEFITED BY THE PROVISION OF FIRE PROTECTION SERVICES AND FACILITIES; DIRECTING THE ASSESSMENT COORDINATOR TO PREPARE A PRELIMINARY FIRE PROTECTION SERVICES ASSESSMENT ROLL; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED FIRE PROTECTION SERVICES ASSESSMENTS; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and a passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: ARTICLE I INTRODUCTION SECTION 1.01. AUTHORITY. This Resolution of the City of Okeechobee, Florida is adopted pursuant to the City Charter, Article VIII, Section 2 of the State Constitution, Sections 166.021, 166.041 and 197.3632, Florida Statutes, and other applicable provisions of law. SECTION 1.02. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Assessed Property" means all Tax Parcels included in the Fire Protection Services and Facilities Assessment Roll and subject to the Fire Protection Services and Facilities Assessments contemplated hereunder. "Assessment Coordinator" means the City Administrator or such person's designee. "Assessment Report" means the Fiscal Year 2017 Fire Protection Services and Facilities Non -Ad Valorem Assessment Study prepared by Burton & Associates, including as the context requires any drafts thereof or supplements thereto. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes or the like. "City" means the City of Okeechobee, Florida. "City Clerk" means the City Clerk of the City of Okeechobee, Florida. "City Council" means the governing body of the City of Okeechobee, Florida. "County" means Okeechobee County, a political subdivision of the State of Florida. "Demand Percentages" means the percentage of demand for fire protection services and facilities attributable to each Property Use Category determined by analyzing the historical demand for fire protection services as reflected in the Incident Reports and as described in Section 3.03 hereof. Resolution No. 2016-05 Page 1 of 11 "Developed Property" means Tax Parcels that are developed entirely or in part with Buildings. "DOR Code" means a use code established in Rule 12D-8.008, Florida Administrative Code, assigned by the Property Appraiser or Assessment Coordinator after field verification, to Tax Parcels within the City. "Dwelling Unit" means (1) a Building, or portion thereof, which is lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only, or (2) the use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes for residential purposes. "FFIRS" means the Florida Fire Incident Reporting System. "Fire Protection Services and Facilities Assessed Cost" means the total amount to be collected through Fire Protection Services and Facilities Assessments each Fiscal Year to fund the provision of fire Protection Services and Facilities services and facilities. "Fire Protection Services and Facilities Assessment" or "Assessment' means a special assessment, sometimes characterized as a non -ad valorem assessment, imposed hereunder to fund the Fire Protection Services and Facilities Assessed Cost. "Fire Protection Services Assessment Roll" or "Assessment Roll" means the assessment roll created pursuant to Section 2.02 hereof that includes a list of the Tax Parcels subject to Fire Protection Services and Facilities Assessments, the name of the owner of each Tax Parcel as shown on the Tax Roll, and the amount of the Fire Protection Services and Facilities Assessment imposed against each Tax Parcel. "Fiscal Year 2016-17" means the Fiscal Year commencing October 1, 2016. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means Tax Parcels owned by the United States of America, the State of Florida, a sovereign state or nation, a county, a special district, a municipal corporation, or any of their respective agencies or political subdivisions. "Incident Report" means an individual report prepared by the City of Okeechobee Fire Department and filed with the Florida State Fire Marshal under FFIRS. "Multi -Family Property" means those Tax Parcels assigned a DOR Code indicative of multi- family use. "Non -Residential Parcels" means Tax Parcels other than Residential Parcels. "Property Appraiser" means the Okeechobee County Property Appraiser. "Property Use Categories" means, collectively, the following categories used to describe the primary use attributed to individual Tax Parcels: Residential Parcels, Non -Residential Parcels and Vacant Parcels. "Recreational Vehicle Park" means (1) a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more recreational vehicles or tents; and (2) licensed by the Department of Health of the State of Florida, or its successor in function as a 'recreational vehicle park" under Chapter 513, Florida Statutes, as may be amended from time -to -time. "Residential Parcels" means Tax Parcels comprised of Single Family Residential Property and Multi -Family Property. The Term 'Residential Property" does not include those Tax Parcels that meet the definition of Recreational Vehicle Park. "Single Family Residential Property" means Tax Parcels assigned a DOR Code indicative of single-family residential use including mobile home parcels and condominium parcels. Resolution No. 2016-05 Page 2 of 11 "Tax Collector" means the Okeechobee County Tax Collector "Tax Parcel" means a parcel of property located within the City to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. "Vacant Parcels" means Tax Parcels which contain no Buildings SECTION 1.03. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Resolution. Words of any gender include the correlative words of the other gender, unless the sense indicates otherwise. SECTION 1.04. FINDINGS. It is hereby ascertained, determined, and declared as follows: (A) The City is authorized by Article VIII, Section 2 of the State Constitution, Section 166.021, Florida Statutes, the Uniform Assessment Collection Act, and other applicable provisions of law to provide for the imposition and collection of special assessments, sometimes referred to as non -ad valorem assessments, to fund, in whole or in part, the provision of fire Protection Services and Facilities services, facilities and programs. (B) In 2016, the City engaged consulting firm Burton & Associates to develop a methodology for apportioning the benefits conveyed by, and the cost of providing, fire Protection Services and Facilities services among real property in the City specially benefitted thereby. (C) The City Council has carefully considered the Assessment Report prepared by Burton & Associates regarding the Fire Protection Services and Facilities Assessments which summarized the special benefits conveyed by fire Protection Services and Facilities services and an apportionment methodology based upon historic calls for service. The apportionment methodology and rate classification system based upon historic calls for service is reasonable and equitable and is also manageable and capable of being fairly implemented from year to year without wasteful or extraordinary consumption of resources (D) Fire Protection Services and Facilities services, facilities, improvements and programs possess a logical relationship to the use and enjoyment of Developed Property and provide a special benefit to property that is improved by the existence or construction of a Building by: (1) protecting the value of the improvements and structures through the provision of available fire Protection Services and Facilities services; (2) protecting the life and safety of intended occupants in the use and enjoyment of dwellings, improvements and structures within Developed Property; (3) lowering the cost of fire insurance by the presence of a comprehensive fire Protection Services and Facilities program within the City; (4) potential increase in value to property; and (5) better service to landowners and tenants. (E) Vacant Parcels are benefitted by the availability of fire Protection Services and Facilities services and by the containment of fire incidents originating on such parcels which otherwise could spread beyond the parcel boundary, with the potential to spread and endanger the value of structures, buildings and occupants of nearby property, thereby limiting liability. (F) It is fair and reasonable to use the DOR Codes for apportioning the Fire Protection Services and Facilities Assessed Cost because: (1) the Tax Roll database employing the use of such codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building size for Developed Property within the City, and (2) the Tax Roll database employing the use of such codes is maintained by the Property Appraiser and is thus consistent with parcel Resolution No. 2016-05 Page 3 of 11 designations on the Tax Roll which compatibility permits the development of an Assessment Roll in conformity with the requirements of the Uniform Assessment Collection Act. (G) Apportioning the Fire Protection Services and Facilities Assessed Cost among Assessed Property based upon historical demand for fire Protection Services and Facilities services is fair and reasonable and proportional to the special benefit received. (H) The Incident Reports are a reliable data source available to determine the potential demand for fire services from Assessed Property and to determine the benefit to Assessed Property resulting from the availability of fire Protection Services and Facilities services. There are sufficient Incident Reports documenting the historical demand for fire services from the Property Use Categories by an examination of such Incident Reports which is consistent with the experience of the City. Therefore, the use of Demand Percentages determined by an examination of Incident Reports is a fair and reasonable method to apportion the Fire Protection Services and Facilities Assessed Cost costs among the Property Use Categories. (1) Apportioning the Fire Protection Services and Facilities Assessed Cost among Residential Parcels on a per Dwelling Unit basis avoids cost inefficiency and unnecessary administration and is a fair and reasonable method of apportionment based upon historical call data. (J) The assessment of Non -Residential Parcels based upon square footage is fair and reasonable because the demand for fire Protection Services and Facilities services and availability and the resources expended in combating an actual fire event vary in property to the size of the Buildings comprising the Non -Residential Parcel. It is fair, reasonable and equitable to allocate the assessment burden on Non -Residential Parcels containing such Buildings based upon the size of the Buildings as measured by square footage data maintained by the Property Appraiser or, in the event such information is not reflected or determined not to be accurately reflected on the Tax Roll, the square footage determined by the City. (K) The apportionment of Fire Protection Services and Facilities Assessments on the basis of historic calls for service is a fair and reasonable method for allocating potential demand for fire Protection Services and Facilities services and facilities and the special benefit conveyed thereby among Assessed Property. (L) Emergency medical services in Okeechobee County, including the City, are primarily provided by the County, and such services are funded through charges imposed by the County against real property, including property within City boundaries, through a municipal service benefit unit. The fire Protection Services and Facilities services provided by the City primarily include traditional fire Protection Services and Facilities, protection and suppression services and first response medical aid which is considered one of the routine duties of a firefighter, and for which firefighters are required to take 40 hours of training. The City does not provide advanced life support or emergency transport functions. (M) The policy of the City Fire Department is that all firefighting personnel are trained and capable of providing basic life support services, though some personnel have additional paramedic or EMT training and certification. Cross -trained firefighters do not receive increased pay nor does the Fire Department incur additional costs to have personnel cross -trained. (N) Accordingly, the Fire Protection Services and Facilities Assessed Cost does not include funding for emergency medical services, and only service calls related to fire incidents at specific property or parcels were included in the cost apportionment to Property Use Categories in the call data analysis. Calls to non-specific property uses are omitted from the call history for purposes of allocating the Fire Protection Services and Facilities Assessed Cost. (0) The apportionment method described and adopted hereunder bears a reasonable relationship to the cost of providing fire Protection Services and Facilities services and facilities. Resolution No. 2016-05 Page 4 of 11 (P) It is fair and reasonable to impose Fire Protection Services and Facilities Assessments upon Assessed Property, apportioned in the manner set forth in Section 3.03 hereof, to fund the Fire Protection Services and Facilities Assessed Cost. (Q) Each parcel of Assessed Property will be benefitted by the provision of fire Protection Services and Facilities services, facilities and programs in an amount not less than the Fire Protection Services and Facilities Assessment imposed against such parcel, computed in the manner set forth in this Initial Assessment Resolution. (R) The Fire Protection Services and Facilities Assessment imposed pursuant to this Resolution is imposed by the City Council, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector hereunder shall be construed as ministerial. ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED FIRE PROTECTION SERVICES AND FACILITIES ASSESSED COST. (A) The estimated Fire Protection Services and Facilities Assessed Cost to be recovered through Fire Protection Services and Facilities Assessments for Fiscal Year2016-17 is 1>7 The estimated maximum Fire Protection Services and Facilities -r Assessed Cost to be recovered through Fire Protection Services and Facilities Assessments for subsequent Fiscal Years is $ (B) The Fire Protection Services and Facilities Assessment rates for the various property classes established in this Initial Assessment Resolution shall be applied by the Assessment Coordinator in the preparation of the preliminary Fire Protection Services and Facilities Assessment Roll as provided in Section 2.02 of this Initial Assessment Resolution. SECTION 2.02. FIRE PROTECTION SERVICES AND FACILITIES ASSESSMENT ROLL. The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, a preliminary Fire Protection Services and Facilities Assessment Roll for the Fiscal Year commencing October 1, 2016. The Fire Protection Services and Facilities Assessment Roll shall include all Assessed Property within the City. The Assessment Coordinator shall apportion the estimated Fire Protection Services and Facilities Assessed Cost to be recovered through Fire Protection Services and Facilities Assessments in the manner set forth in this Initial Assessment Resolution. A copy of this Initial Assessment Resolution and the preliminary Fire Protection Services and Facilities Assessment Roll shall be maintained on file in the Office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the preliminary Fire Protection Services and Facilities Assessment Roll be in printed form if the amount of the Fire Protection Services and Facilities Assessment for each parcel of property can be determined by the use of a computer terminal or internet access available to the public. SECTION 2.03. PUBLIC HEARING. There is hereby established a public hearing to be held at 6:00 p.m. on August 16, 2016, in City Council Chambers at City Hall, 55 SE 3`d Avenue, Okeechobee, Florida 34974, at which time the City Council will receive and consider any comments on the Fire Protection Services and Facilities Assessments from the public and affected property owners and consider adoption of a Final Assessment Resolution imposing Fire Protection Services and Facilities Assessments for Fiscal Year 2016-17. SECTION 2.04. NOTICE BY PUBLICATION. The City Council hereby authorizes and directs the Assessment Coordinator to publish notice of the public hearing authorized by Section 2.03 hereof in the manner and time provided in the Uniform Assessment Collection Act. The notice shall be published no later than July 27, 2016, in substantially the form attached hereto as Appendix A with such changes as may be approved by the Assessment Coordinator; provided, however, that any such changes shall be consistent with the requirements of the Uniform Assessment Collection Act. SECTION 2.05. NOTICE BY MAIL. The City Council hereby authorizes and directs the Assessment Coordinator to provide mailed notice of the public hearing authorized by Section 2.03 hereof in the manner and time provided in the Uniform Assessment Collection Act. The notice shall be mailed no later than July 27, 2016, in substantially the form attached hereto as Appendix B with such changes as may be approved by the Assessment Coordinator; provided, however, Resolution No. 2016-05 Page 5 of 11 that any such changes shall be consistent with the requirements of the Uniform Assessment Collection Act. ARTICLE III ASSESSMENTS SECTION 3.01. FIRE PROTECTION SERVICES AND FACILITIES ASSESSMENTS TO BE IMPOSED THROUGHOUT CITY. The Fire Protection Services and Facilities Assessments are to be imposed throughout the entire area of the City. SECTION 3.02. IMPOSITION OF ASSESSMENTS. Fire Protection Services and Facilities Assessments shall be imposed against property located within the City, the annual amount of which shall be computed for each Tax Parcel in accordance with this Article III. When imposed, the Assessment for each Fiscal Year shall constitute a lien against Assessed Property, equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims until paid. SECTION 3.03. APPORTIONMENT METHOD. (A) The Assessment Report is hereby approved and incorporated herein by reference. The apportionment method described therein based upon demand and historic calls for service is fair and reasonable and is hereby approved and adopted as the methodology for apportioning the costs, benefits and burdens associated with the provision of fire Protection Services and Facilities services and facilities by the City. (B) A Demand Percentage is determined for each Property Use Category by calculating the percentage of calls that went to each Property Use Category during the five-year sampling period undertaken by Burton & Associates. (C) The Demand Percentage for each Property Use Category is applied to the Fire Protection Services and Facilities Assessed Cost and the resulting product is the cost allocation of that portion of the Fire Protection Services and Facilities Assessed Cost allocated to each individual Property Use Category. (D) Apportionment among Tax Parcels of that portion of the Fire Protection Services and Facilities Assessed Costs allocated to each Property Use Category shall be consistent with the following terms: (1) The Fire Protection Services and Facilities Assessment for each Residential Parcel shall be computed by dividing that portion of the Fire Protection Services and Facilities Assessed Cost attributed to Residential Parcels by the total number of Dwelling Units within the City, and then multiplying the result by the total number of Dwelling Units located on the Residential Parcel. (2) The Fire Protection Services and Facilities Assessment for each Non -Residential Parcel shall be computed by dividing that portion of the Fire Protection Services and Facilities Assessed Cost attributed to Non -Residential Parcels by the total Building square footage shown on the Tax Roll and multiplying such quotient by the total square feet of all Buildings located or constructed upon each Non -Residential Parcel. (3) The demand for the availability of fire Protection Services and Facilities services may diminish at the outer limit of Building size because a fire occurring at a Building greater than a certain size is not capable of being suppressed under expected conditions. Additionally, the fire flow capacity anticipated at the fire scene under the level of service provided by the assessable costs limits the benefit provided to a Building beyond a certain size. Therefore, it is reasonable to place a cap on the square footage of benefited Buildings associated with Non -Residential Parcels. The cap for this purpose shall be 140,000 square feet. (4) In accordance with Section 166.223, Florida Statutes; which mandates that the City treat Recreational Vehicle Park property as commercial property for non -ad valorem special assessments levied by the City such as the proposed Fire Protection Services and Facilities Assessment, it is fair and reasonable to treat each space within a Recreational Vehicle Park (if any, now or in the future) as a Building of commercial Resolution No. 2016-05 Page 6 of 11 property and assign the minimum square footage of 1,200 square feet that is mandated by the Department of Health under Chapter 64E-15.002(3), Florida Administrative Code for Recreational Vehicle Park spaces, the minimum square footage of 2,400 square feet that is mandated by the Department of Health under Chapter 64E-15.002(2), Florida Administrative Code, for mobile home spaces inside Recreational Vehicle Parks, and a square footage of 500 square feet for tent spaces inside Recreational Vehicle Parks, also as mandated by Chapter 64E-15.002(3), Florida Administrative Code. (5) The Fire Protection Services and Facilities Assessment for Tax Parcels comprising mobile home parks shall be determined by multiplying the number of lots or spaces are offered for rent or lease for the placement of mobile homes for residential purposes by the rate of assessment for the residential use category. (6) The Fire Protection Services and Facilities Assessments for Tax Parcels classified in two or more Property Use Categories shall be the sum of the Fire Protection Services and Facilities Assessments computed for each Property Use Category. (E) The following table describes the Property Use Categories, Demand Percentages, assessment allocation per category, Assessment Units and the estimated rate schedule for the Fire Protection Services and Facilities Assessments for Fiscal Year 2016-17: Assessment Rates for Fiscal Year 2016-17 Demand Property Use Percentage Assessment Allocated Assessment Assessment Category %n of calls Allocation Units Unit per Unit Dwelling Residential 46.6% 2,054 Unit r $ 1b, .- Non -Residential Square Parcels 49.2% 3,163,967 Foot $ r Per Vacant/Lot 4.2% $ - (C 695 Vacant Lot 3 $ (F) For Fiscal Years commencing October 1, 2017 and thereafter, the maximum rates which may be used for preparation of the Assessment Roll are: Assessment Rates for Fiscal Year 2017-18 and Beyond Property Use Category Assessment Unit Assessment per Unit Residential Dwelling Unit $ I z ,- . r ( Non -Residential Parcels Square foot $ Vacant/Lot Per Vacant Lot $ (G) The rates set forth above include costs and expenses incurred in annual administration and collection of the Fire Protection Services and Facilities Assessments. (H) The Assessment Coordinator shall have the authority, at any time, upon his or her own initiative or in response to a petition from the owner of any Tax Parcel subject to a Fire Protection Services and Facilities Assessment, to reclassify Tax Parcels or correct or revise the number of assessment units attributed to Tax Parcels, based upon presentation of competent and substantial evidence (which may include Property Appraiser data, site inspection, aerial photographs, etc.), and correct any error in applying the apportionment method approved herein to any particular Tax Parcel not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such revision shall be considered valid ab initio and shall in no way affect the enforcement of the Fire Protection Services and Facilities Assessment imposed hereunder. All requests from affected property owners for any such changes, modifications, or corrections shall be referred to, and processed by, the Assessment Coordinator and not the Property Appraiser or Tax Collector. (1) Any shortfall in the expected Fire Protection Services and Facilities Assessment proceeds due to any reductions, corrections, or exemptions from payment of the Fire Protection Services and Facilities Assessments authorized hereunder or required by law shall be paid for by other legally available funds of the City and shall not be paid for by increasing the Fire Protection Services and Facilities Assessment imposed against other Tax Parcels or by proceeds or funds derived from the Fire Protection Services and Facilities Assessments. Resolution No. 2016-05 Page 7 of 11 (J) It is hereby ascertained, determined, and declared that the method of determining the Fire Protection Services and Facilities Assessments as set forth in this Initial Assessment Resolution is a fair and reasonable method of apportioning the Fire Protection Services and Facilities Assessed Cost among Assessed Property. SECTION 3.04. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Protection Services and Facilities Assessments shall be utilized for the provision of fire protection services and facilities. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire protection related services, facilities, improvements and programs. SECTION 3.05. COLLECTION OF ASSESSMENTS. Fire Protection Services and Facilities Assessments for Fiscal Year 2016-17 and each Fiscal Year thereafter shall be collected pursuant to the tax bill collection method as authorized by the Uniform Assessment Collection Act, unless otherwise determined by the City Council. SECTION 3.06. EXCLUDED PARCELS; EXEMPTIONS. (A) Certain Tax Parcels do not receive a special benefit from the provision of fire protection services and facilities or are infeasible or impractical to assess, and therefore shall not be subject to the Fire Protection Services and Facilities Assessments contemplated hereunder. Such excluded Parcels include the following as indicated by DOR Codes: (1) Rights of way. (2) Rivers/lakes. (3) Wasteland/dump. (4) DOR Codes indicative of common elements, notes parcels, headers, etc. (B) The foregoing classifications of properties are reasonably determined to be inappropriate, infeasible or impracticable to assess, benefit marginally or create a lesser or nominal demand or burden on the costs associated with providing fire protection services and facilities, and do not merit the expenditure of public funds to impose or collect the Fire Protection Services and Facilities Assessments. (C) Government Property provides facilities and uses to the community, local constituents and the public in general that serve a legitimate public purpose and provide a public benefit, and is therefore exempt from the Fire Protection Services and Facilities Assessments contemplated hereunder; provided, however, that Government Property leased for private use shall not be exempt from the Fire Protection Services and Facilities Assessments. (D) Chapter 2016-89, Laws of Florida, provides that notwithstanding any other provision of law, a municipality may not levy special assessments for the provision of fire protection services on land classified as agricultural lands under section 193.461, Florida Statutes, unless the land contains a residential dwelling or nonresidential farm building, with the exception of an agricultural pole barn, provided the nonresidential farm building exceeds a just value of $10,000. The Assessment Coordinator shall apply the provisions of Chapter 2016-89 in preparing the preliminary Assessment Roll for Fiscal Year 2016-17. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. AUTHORIZATIONS. The Mayor and any member of the City Council, the City Administrator, the City Attorney, the City Clerk and such other officials, employees or agents of the City as may be designated by the City Administrator are authorized and empowered, collectively or individually, to take all action and steps and to execute all instruments, documents, and contracts on behalf of the City that are necessary or desirable in connection with the imposition and collection of the Fire Protection Services and Facilities Assessments contemplated hereunder, and which are specifically authorized or are not inconsistent with the terms and provisions of this Resolution. SECTION 4.02. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Resolution No. 2016-05 Page 8 of 11 SECTION 4.03. SEVERABILITY. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 4.04. EFFECTIVE DATE. This Initial Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Okeechobee, Florida this 19`h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Resolution No. 2016-05 Page 9 of 11 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To be published on or before July 27, 2016. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM SPECIAL ASSESSMENTS TO FUND FIRE PROTECTION SERVICES AND FACILITIES CITY OF OKEECI ORFE BOUNDARY R NOTICE IS HEREBY GIVEN that the City Council of Okeechobee, Florida (the "City") will conduct a Public Hearing to consider adoption of a final assessment resolution related to the provision and �✓ funding of fire protection services and facilities. The final assessment resolution will provide forthe imposition of special assessments, sometimes characterized as non -ad valorem assessments, h against property located within City Limits and collection of the assessments by the Okeechobee County Tax Collector pursuant to the tax bill collection method for the Fiscal Year commencing October 1, 2016 and each Fiscal Year thereafter. The assessment is an annual assessment that _ will continue from year to ear. The Hearing will be held at 6:00 PM, or as soon thereafter as may be heard, on August, , 2016, in the City Council Chambers, Room 200, at City Hall, 55 SE 3rd vj Avenue, Okeechobee, FL 34974. All affected property owners have a right to appear at the hearing and be heard with respect to the proposed fire assessment and to file written objections with the City Council within twenty (20) days of this notice. The assessments have been proposed to fund a portion of the costs incurred each year in providing fire protection services and facilities throughout the City. The assessment for each parcel of property will be based upon a calls for service methodology wherein costs associated with fire protection services and facilities are allocated among developed property according to historic fire incident reports and call data. The assessments will be imposed against residential property on a "per dwelling unit' basis, and against all other property on a square footage basis. A more specific description of the fire protection services and facilities and the method of computing the assessment for each parcel of property are set forth in Resolution No. 2016-05 (the "Initial Assessment Resolution") adopted by the City Council on July 19, 2016. Copies of the Initial Assessment Resolution and the preliminary Fire Protection Services and Facilities Assessment Roll are available for inspection at the Office of the City Clerk, during normal business hours, Mon - Fri, 8 AM-4:30 PM, except holidays, located at City Hall, 55 SE Td Avenue, Room 100, Okeechobee, FL 34974. ANY PERSON DECIDING TO APPEAL any decision made the by City Council with respect to any matter considered at this proceeding will need to ensure that a verbatim record of the proceeding, is made which record includes the testimony and evidence upon which the appeal is to be based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least 48 hours in advance of the meeting at 863-763-3372. BE ADVISED that should you intent to show any document, picture, video, or items to the Mayor and City Council in support or opposition to any matter conducted at this meeting; a copy of the document, picture, video, or item, must be provided to the City Clerk for the City's records. BY: City Clerk Lane Gamiotea, CMC Resolution No. 2016-05 Page 10 of 11 APPENDIX B FORM OF NOTICE TO BE MAILED OKEECHOBEE, FLORIDA July 27, 2016 [Property Owner Name] [Street Address] [City - State - Zip] Re: [Tax Parcel Number] Dear City of Okeechobee Property Owner As required by Section 197.3632, Florida Statutes, notice is given by the City of Okeechobee (the "City") that an annual special assessment may be levied against your property for the fiscal year commencing October 1, 2016 ("Fiscal Year 2016-17"), and each fiscal year thereafter, to pay a portion of the annual costs incurred in providing fire Protection Services and Facilities services and facilities. The City Council will hold a Public Hearing at 6:00 p.m., or as soon thereafter as may be heard, on 2rd August X. 2016, in the City Council Chambers, Room 200 at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. You are invited to attend and participate in the hearing. You may also file written objections with the City Council within twenty (20) days of the date of this notice The proposed fire protection services and facilities assessments are based upon a calls for service methodology wherein costs associated with fire protection services and facilities are allocated among developed property according to historic fire incident reports and call data. The assessments will be imposed against residential property on a "per dwelling unit" basis, and against all other property on a square footage basis. A more specific description of the fire protection services and facilities and the method of computing the assessment for each parcel of property are set forth in Resolution No. 2016-05 (the "Initial Assessment Resolution") adopted by the City Council on July 19, 2016. It is estimated that the City will collect approximately $ T17, OW-W from the fire protection services and facilities assessments for Fiscal Year 2016-17. Information concerning the amount of the fire protection services and facilities assessment proposed for the above -referenced parcel is included below. The proposed fire protection services and facilities assessment is an annual assessment which will continue from year to year. The assessment will be collected pursuant to the tax bill collection method authorized by Section 197.3632, Florida Statutes, commencing in November, 2016, and will include fees imposed by the county property appraiser and tax collector, and will be adjusted as necessary to account for any statutory discounts which are necessitated when collecting the assessments annually on the same bill as property taxes. Florida law provides that failure to pay the assessment will cause a tax certificate to be issued against the assessed property which may result in a loss of title. Any person deciding to appeal any decision made the by City Council with respect to any matter considered at this proceeding will need to ensure that a verbatim record of the proceeding, is made which record includes the testimony and evidence upon which the appeal is to be based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least 48 hours in advance of the meeting at 863-763-3372. BE ADVISED that should you intent to show any document, picture, video, or items to the Mayor and City Council in support or opposition to any matter conducted at this meeting; a copy of the document, picture, video, or item, must be provided to the City Clerk for the City's records. Copies of the Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the at the Office of the City Clerk, during normal business hours, Mon -Fri, 8 AM-4:30 PM, except holidays, located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974. *****DO NOT SEND PAYMENT - THIS IS NOT A BILL***** Parcel ID Number:[ ] Parcel Address: [ ] Assessment Unit Type:[ ] Number of Assessment Units Assigned to Parcel: [ ] Rate of Assessment: [$ per ] The FY 2016-17 annual Fire Protection Services and Facilities assessment for the above parcel is: [$ ] The maximum annual Fire Protection Services and Facilities assessment that may be imposed in future fiscal years without further notice is [$ ] Resolution No. 2016-05 Page 11 of 11 C go A > -v "' D co cn r 3 P W-0 o m` 0 v Q m 0 ET 0o o m 0 o-v o rnm o = o Cn O O O Ci CD O O= N> `< 7 y O y Z D CL Q N 3 Q z Ci m Z N0 r y (n CD m �.. m = rn m o y D� -I t cnoQo� EL o y o C.) m CD 5F m0 c 0 0 0 cnoN x m O o m r Q o c.° o Er z Q m cn �, o D, . o0 o cmi o n o 3 C n 0 �(n �o `° o = v z to � � � Q v v S O 0 O a = c.O¢ W� cmi m= o Cr°� O m CD -1 C S� O o O' r O m y 0 CD 0S CD O CO CC, Q CD - CD = = = m -0 0 O Q CD n Cn O W p z 0 CO O c Ol n CD N CD C0 Ca Q -� O Q_0 =' CD N O _ o -0LlFI C N x. 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CD 7 0 13) G Cn CD '< O CD r X w = a) O O CD C C1 CD m c a m CO CD N CDx. t(oD CD iR z C-)m -C m OC�_ -pD -, n m o CD D C� o cn to rn o CZC cn. CD -Can y y O G W O C o a " s coi 3 x � o `n v n O > CD t`D" < to m o 3 _ 22 � (D n V Q. (�D m a' � � f2 m z , y y - CD Q L1 -0 Cy .� Z = "i A p O CD CD D O = O < `L _ C) a) w O' W <D = r (D C�. N O O O O .CD Z Z Cn 0 S C CD (D Cr d CO CD ci CD a-r r 0 M Cn30� 01 a) -t D y .-. O CA Q j Z CD C C a m . m = -a �• `DCD D o v; o m m a a n m0 C N C O O O QD (D O CD CO N ^ = O y CD .=3 .cn., C L = Q Exhibit 7 RESOLUTION NO. 2016-03 _July 19, 2016 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING THE COMMERCIAL RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES WITHIN THE CITY OF OKEECHOBEE FOR FISCAL YEAR 2016-2017, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has determined that for the health and welfare of the community, each and every place of business, or other type of structure or abode shall be required to place their garbage and trash for pick up and disposal in a safe and sanitary manner prescribed by the City Council; and WHEREAS, the City Council of the City of Okeechobee entered into a Solid Waste Collection and Disposal Services Agreement with Waste Management, Inc., of Florida on July 7, 1987, as amended, to provide such collection and disposal services to the community; and WHEREAS, as provided in Code Book Section 42-52, the City Council shall establish the charges and rates for the collection and disposal services required. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. COMMERCIAL RATES. Commercial Rates Per month for solid waste collection and disposal services shall be as follows, from October 1, 2016, to September 30, 2017, (rates below include 10 percent franchise fees): EOW I 1 x/wk F 2x1wk 3x/wk I 4xMk I 5x/wk I 6x/wk I 7xWk I XPU r Size Collection $ 33.50 $ 61.00 $ 111.06 1 $ 153.76 1 $ 196.44 $ 239.15 1 $ 281.84 1 $ 324.55 Disposal $ 10.56 1 $ 21.11 $ 42.22 $ 63.33 $ 84.44 $ 105.55 $ 126.66 $ 147.77 Total $ 48.33 $ 89.89 1 $ 167.46 $ 236.74 $ 305.99 1 $ 375.28 $ 444.56 1 $ 513.86 $ 41.12 3 CUBIC YD Collection $ 84.31 $ 143.99 $ 183.12 $ 211.90 $ 255.06 $ 298.24 $ 341.41 - Disposal Fuel $ 31.67 $ 10 76 $ 63.33 $_ 18_Z5 $ 95.00 S23 96 $ 126.66 $-27 89 $ 158.33 $-33 63 $ 189.99 $ 3936 $ 221.66 $ 4511 Total $ 126.74 $ 226.07 $ 302.08 $ 366.45 $ 447.02 $ 527.59 $ 608.18 $ 52.76 Collection Disposal Fuel $ 99.78 $ 42.22 I-= $ 165.18 $ 84.44 $ 196.06 $ 126.66 $-25.2a $ 244.29 $ 168.88 $ 283.86 $ 211.10 $ 325.71 $ 253.32 $ 367.57 $ 295.54 $ 47.60 Total $ 154.75 $ 270.80 $ 347.97 $ 444.68 $ 531.64 $ 621.17 $ 710.71 $ 57.34 6 CUBIC YD $ 131.33 $ 63.33 $ 16 83 $ 193.79 $ 126.66 $ 8I $ 256.47 $ 189.99 $-33 14 $ 315.10 $ 253.32 $ 4032 $ 368.89 $ 316.65 S 4786 $ 422.66 $ 379.98 $ 5490 $ 476.44 $ 443.31 $ 61 95 - Collection Disposal Fuel Total $ 211.49 $ 345.42 1 $ 479.60 $ 609.21 $ 733.40 $ 857.54 $ 981.70 1 $ 71.47 8 CUBIC YD $ 148.01 $ 84.44 $ 19 01 $ 213.22 $ 168.88 $ 2760 $ 268.48 $ 253.32 $ 34 92 $ 323.78 $ 337.76 $ 42.26. $ 376.81 $ 422.20 $ 49 31 $ 430.97 $ 506.64 $ 56 50 $ 485.13 $ 591.08 $ 63 69 - Collection Disposal Fuel Total $ 251.46 $ 409.70 $ 556.72 1 $ 703.80 1 $ 848.32 1 $ 994.11 1 ####### $ 81.19 # of Cans 1 2 3 4 5 6 1x/wk $ 8.59 $ 11.31 $ 13.82 $ 16.61 $ 24.86 $ 46.76 Commercial Disposal $ 3.84 $ 7.68 $ 11.52 $ 15.36 $ 19.20 $ 23.04 Cans Tel $ 1.10 $ 1.46 $ 1.80 $ 2.16 $ 3.23 $ 5.98 Total $ 13.53 $ 20.45 $ 27.14 $ 34.13 $ 47.29 $ 75.78 Casters $ 8.73 per month maintenance Optional Roll -out $ 8.73 per month per number of service dayshveek Services Lockbar $ 33.63 per installation LocklUnlock/Gate $ 12.48 monthly fee times the number ofpickupsN✓eek Resolution No. 2016-03 - Page 1 of 2 ROLL -OFF COLLECTION AND DISPOSAL RATES 20 yard 30 yard 40 yard Compactor Rate per pull plus disposal $ 182.65 $ 192.70 $ 202.72 $ 202.72 Fuel per pull $ 23.02 $ 24.28 $ 25.55 $ 25.55 Total $ 205.67 $ 216.98 $ 228.27 $ 228.27 Wasted Trip Charges $ 7222 MonthlyCharges(rwo Haul Min: $ 72.23 Disposal: C & D per ton $ 19.57 Garbage per ton $ 35.00 Vegetation per ton $ 16.92 Any additional or special waste collection request over and above contracted service rate can be negotiated between the customer and contractor. SECTION 2. RATE ADJUSTMENTS. The present Franchise, as amended, for Solid Waste Collection and Disposal Services within the City of Okeechobee, effective October 1, 2016, to September 30, 2017, is subject to periodic rate adjustments for consumer price index (CPI) cost of living, diesel fuel surcharge, and adjustments necessary due to changes in law or regulatory action. Such rate adjustments may affect Commercial Rates over those set out in Section One, which will not occur without public notice and hearing. SECTION 3. SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 4. EFFECTIVE DATE. The charges and rate established by this Resolution shall take effect on the 1st day of October, 2016. INTRODUCED AND ADOPTED in regular session this 19th day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 2016-03 - Page 2 of 2 James E. Kirk, Mayor REVISED EXHIBIT 8 RESOLUTION NO. 2016-04 7/19/16 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PERSONNEL POLICIES AND PROCEDURES; APPROVING A MANDATORY METHOD OF PAYMENT FOR ACCUMULATED ANNUAL AND SICK LEAVE; APPROVING A SPECIAL PAY PLAN TO DEPOSIT Aigk AUTHORIZED ANNUAL AND SICK LEAVE UPON SEPARATION OF EMPLOYMENT WITH THE CITY OF OKEECHOBEE INTO AN INVESTMENT PLAN WITH THE STANDARD, AND AN AUTHORIZED FINANCIAL GROUP TO ADMINISTER THE FUNDS, ITS INVESTMENT AND DISTRIBUTION TO FORMER EMPLOYEES; PROVIDING FOR CONFLICT; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, current policy and procedures within the City of Okeechobee, Florida, in Chapter Four Leave Benefits, Personnel Policy and Procedures manual, calls for payment to a former employee upon separation from employment of all authorized accumulated annual and sick leave; and WHEREAS, the City of Okeechobee, Florida, has identified a provider who has established a program of investment that accepts receipt of the employee's accumulated annual and sick leave, and invests same with a financial group to maximize investment and return on the funds for the benefit of employees; and WHEREAS, the diverting of an employee's annual and sick leave into this investment plan upon separation of employment has a decided advantage of avoiding these funds being considered "income" at the time of transfer, thereby postponing an employee's obligation to pay income tax and withholding on these funds, and further by avoiding the obligation of the City and employee of paying Social Security and Medicare taxes on the funds; and WHEREAS, the plan also provides the former employees the ability to manage these funds, to receive the funds when so directed by the former employee, to borrow against these funds, and to generally provide flexibility in the management of their benefits, all without cost to the City or the former employee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that Chapter Four Leave Benefits, Personnel Policies and Procedures manual be amended, and approving the special pay plan for accumulated annual and sick leave, as approved by majority vote of the City Council for the City of Okeechobee, Florida, as follows: SECTION 1: CHAPTER FOUR LEAVE BENEFITS, PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE CITY OF OKEECHOBEE, FLORIDA IS AMENDED AS FOLLOWS: PAYMENT FOR UNUSED ANNUAL LEAVE In certain situations payment is made for unused annual leave. A regular employee may be paid through the last fully completed calendar month of service. The City will pay only two hundred forty (240) hours annual leave. There is no payment to employees who have not completed their evaluation periods. Upon separation from employment with the CitV, all authorized and accumulated annual leave shall be withheld from the final paycheck to the employee bV the Finance Director, and deposited for the employees benefit with THE STANDARD or such other entity that provides such services, as approved bV the City Council to be administered and distributed as set forth in the special pay plan approved and on file within the City of Okeechobee. For those employees enrolled in the DROP program, upon entry into that deferred retirement program the City shall commence to annually withhold and divert ten (10) percent of the employee's annual leave into the special pay account until termination of the DROP enrollment. New Language Underlined Deleted Language Stwsk-Tpfedgla Resolution No. 2016-04 -Page 1 of 2 a) Resignation in good standing. This requires a minimum of six (6) months continuous service and two (2) weeks' notice. b) Layoff. c) Retirement d) Death. Payment 6hall be FAade to the 613GuSe oF famalv-. PAYMENT FOR UNUSED SICK LEAVE An employee is eligible for payment of unused sick leave upon either of the following: 1. Ten (10) years or more of continuous service upon leaving the City employment in good standing (is not discharged for cause). 2. Death of employee who has ten (10) years or more of continuous service. Aesrued 3. Normal retirement as provided by the City Pension Ordinance. A conversion rate of fifty (50) percent will be applied to the employees unused sick leave balance in determining the payment amount due. Upon such separation from employment with the City of Okeechobee Florida all authorized accumulated sick leave shall be withheld from the final paycheck of the employee by the Finance Director, and deposited for the employees or beneficiary's benefit with THE STANDARD or such other entity that provides such services as approved by the City Council, to be administered and distributed as set forth in the special pay plan approved and on file within the City of Okeechobee For those employees enrolled in the DROP program upon entry into that deferred retirement program, the City shall commence to annually withhold and divert ten (10) per cent of employee's annual sick leave into the special pav account until termination of the DROP enrollment. SECTION 2: APPROVAL AUTHORIZATION FOR SPECIAL PAY PLAN. The City Council hereby authorizes the City Administrator and Finance Director to execute an agreement with THE STANDARD to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida. 2. That in the event a provider other than THE STANDARD is anticipated to provide these services for the City; such matter shall be brought before the City Council for prior evaluation and approval. SECTION 3: CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 19`h day of July, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor New Language Underlined Deleted Language Sifuck ThF9ugh Resolution No. 2016-04 - Page 2 of 2 Exhibit 8 mealy 19, 2016 RESOLUTION NO. 2016-04 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PERSONNEL POLICIES AND PROCEDURES; APPROVING A MANDATORY METHOD OF PAYMENT FOR ACCUMULATED ANNUAL AND SICK LEAVE; APPROVING A SPECIAL PAY PLAN TO DEPOSIT ALL AUTHORIZED ANNUAL AND SICK LEAVE UPON SEPARATION OF EMPLOYMENT WITH THE CITY OF OKEECHOBEE INTO AN INVESTMENT PLAN WITH BENCOR, AND AN AUTHORIZED FINANCIAL GROUP TO ADMINISTER THE FUNDS, ITS INVESTMENT AND DISTRIBUTION TO FORMER EMPLOYEES; PROVIDING FOR CONFLICT; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, current policy and procedures within the City of Okeechobee, Florida, in Chapter Four Leave Benefits, Personnel Policy and Procedures manual, calls for payment to a former employee upon separation from employment of all authorized accumulated annual and sick leave; and WHEREAS, the City of Okeechobee, Florida, has identified a provider who has established a program of investment that accepts receipt of the employee's accumulated annual and sick leave, and invests same with a financial group to maximize investment and return on the funds for the benefit of employees; and WHEREAS, the diverting of an employee's annual and sick leave into this investment plan upon separation of employment has a decided advantage of avoiding these funds being considered "income" at the time of transfer, thereby postponing an employee's obligation to pay income tax and withholding on these funds, and further by avoiding the obligation of the City and employee of paying Social Security and Medicare taxes on the funds; and WHEREAS, the plan also provides the former employees the ability to manage these funds, to receive the funds when so directed by the former employee, to borrow against these funds, and to generally provide flexibility in the management of their benefits, all without cost to the City or the former employee. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that Chapter Four Leave Benefits, Personnel Policies and Procedures manual be amended, and approving the special pay plan for accumulated annual and sick leave, as approved by majority vote of the City Council for the City of Okeechobee, Florida, as follows: SECTION 1: CHAPTER FOUR LEAVE BENEFITS, PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE CITY OF OKEECHOBEE, FLORIDA IS AMENDED AS FOLLOWS: PAYMENT FOR UNUSED ANNUAL LEAVE In certain situations payment is made for unused annual leave. A regular employee may be paid through the last fully completed calendar month of service. The City will pay only two hundred forty (240) hours annual leave. There is no payment to employees who have not completed their evaluation periods. Upon separation from employment with the City, all authorized and accumulated annual leave shall be withheld from the final paycheck to the employee by the Finance Director, and deposited for the employees benefit with BENCOR, or such other entity that provides such services, as approved by the City Council, to be administered, and distributed, as set forth in the special pay plan approved and on file within the City of Okeechobee. For those employees enrolled in the DROP program, upon entry into that deferred retirement program the City shall commence to annually withhold and divert ten (10) percent of the employee's annual leave into the special pay account until termination of the DROP enrollment. New Language Underlined Deleted Language Siraslchreagh Resolution No. 2016-04 - Page 1 of 2 a) Resignation in good standing. This requires a minimum of six (6) months continuous service and two (2) weeks' notice. b) Layoff. c) Retirement d) Death. Payment shall be Fnade to the speuse or fami4y-. PAYMENT FOR UNUSED SICK LEAVE An employee is eligible for payment of unused sick leave upon either of the following: 1. Ten (10) years or more of continuous service upon leaving the City employment in good standing (is not discharged for cause). Death of employee who has ten (10) years or more of continuous service. AGGrued benefits shall be paid to beRefiGi@Fy el: estate. 3. Normal retirement as provided by the City Pension Ordinance. A conversion rate of fifty (50) percent will be applied to the employees unused sick leave balance in determining the payment amount due. Upon such separation from employment with the City of Okeechobee. Floriad. all authorized accumulated sick leave shall be withheld from the final paycheck of the employee by the Finance Director, and deposited for the employees or beneficiary's benefit with BENCOR, or such other entity that provides such services as approved by the City Council, to be administered and distributed as set forth in the special pay plan approved and on file within the City of Okeechobee. For those employees enrolled in the DROP program upon entry into that deferred retirement program, the City shall commence to annuallV withhold and divert ten (10) per cent of employee's annual sick leave into the special pay account until termination of the DROP enrollment. SECTION 2: APPROVAL AUTHORIZATION FOR SPECIAL PAY PLAN. 1. The City Council hereby authorizes the City Administrator and Finance Director to execute an agreement with BENCOR to initiate the special pay plan for deposit of annual leave and sick leave for employees upon their separation from employment with the City of Okeechobee, Florida. 2. That in the event a provider other than BENCOR is anticipated to provide these services for the City, such matter shall be brought before the City Council for prior evaluation and approval. SECTION 3: CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. That if any portion of this resolution should be judicially determined to be unenforceable, then the balance thereof shall continue to remain in full force and effect. SECTION 5: EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 19`h day of July, 2016 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor New Language Underlined Deleted Language StfuslThrough Resolution No. 2016-04 - Page 2 of 2 THE STANDARD NATIONAL GOVERNMENT EMPLOYEES RETIREMENT PLAN TM Adoption Agreement 001 This Adoption Agreement is executed by and between the government employer named below ("Employer") and THE STANDARD, Inc. ("THE STANDARD"), in accordance with the provisions of the THE STANDARD National Government Employees Retirement Plan TM ("THE STANDARD Plan"). This Adoption Agreement may be used only with the Volume Submitter THE STANDARD Basic Plan Document 01. Failure to fill out this Adoption Agreement carefully and completely may result in the Plan not qualifying under Internal Revenue Code Section 401(a). The Employer hereby adopts and agrees to be bound by all of the terms of the THE STANDARD Plan and the Trust Agreement and provides the following information and makes the following elections under the THE STANDARD Plan: 1. EMPLOYER AND PLAN INFORMATION. a) Employer Name: City of Okeechobee b) Employer Address: 55 SE 3rd Avenue Okeechobee, FL 34974 c) Employer Telephone Number: (863) 763-3372 d) Employer Fiscal Year Ends on: September 30th e) Plan Name: City of Okeechobee 401(a) Special Pay Plan ("Plan") f) Plan Number (001, 002, etc.): 001 g) Original Effective Date of Plan Adoption: JuIV 19, 2016 (Not earlier than first day of Plan Year within which the Plan is adopted) h) If an Amendment and Restatement, Effective Date of such Amendment and Restatement:. (Not earlier than first day of Plan Year beginning on or after October 1, 2016) THIS PLAN MAY BE ADOPTED ONLY BY A STATE GOVERNMENT OR A POLITICAL SUBDIVISION THEREOF OR AN AGENCY OR INSTRUMENTALITY OF EITHER OF THE FOREGOING. °Copyright 2012, 2015 THE STANDARD, Inc Page 1 of 9 2. PLAN DEFINITIONS. a) Plan Year. The Plan Year for the Plan is the 12-month period commencing each October 1 and ending the following September 30 (enter date 12 months subsequent to commencement of Plan Year), except that if the initial Effective Date is a date other than the first day of the Plan Year specified above, the first Plan Year, other than for purposes of the limitation year under Section 7.03, is the short period beginning on the Effective Date and ending on the immediately following Plan Year ending date. b) Compensation. For purposes under the Plan, including the allocation of all contributions, Compensation means (check one): ❑ i. W-2 wages for the calendar year ending with or within the Plan Year [ ii. Wages actually paid during the Plan Year that are reportable as wages on Form W-2 (even though reported in two different taxable years of the recipient) ❑ iii. The basic annual rate of compensation in effect at the beginning of each Plan Year Compensation means all compensation, as defined above, except for amounts in excess of the annual limit described in Section 11.09 of the Plan and (check only those items that are excluded, if any): ❑ iv. Overtime ❑ v. Bonuses ❑ vi. Amounts earned prior to the date of commencement of participation in the Plan ❑ vii. Single sum amounts received on account of death or separation from service under a bona fide vacation, compensatory time or sick pay plan, or under severance pay plans ❑ viii. Any compensation that is in excess of the contribution base described in Code Section 3121(a)(1) that is in effect at the beginning of the Plan Year ❑ ix. Compensation provided in any form other than cash Compensation (not excluded above) shall include (check one) [ ]only amounts for the year in which actually paid, or [X]amounts paid both during the year and within the immediately subsequent year, but only if attributable to that previous year and paid within 21/2 months after such year end. Page 2 of 9 Compensation (check one) [ ]shall [ ]shall not include any amount deferred and not otherwise currently counted in the Employee's gross income pursuant to a grandfathered government cash or deferred plan under Code Section 401(k), an eligible deferred compensation plan under Code Section 457(b), a tax sheltered annuity plan under Code Section 403(b), a cafeteria plan under Code Section 125, or elective amounts not included in the Participant's gross income by reason of Code Section 132(f)(4). c) Plan Administration. THE STANDARD Plan shall be administered by a third party Administrator, who shall be appointed from time to time by THE STANDARD. The Administrator shall have responsibility for all functions specifically described in THE STANDARD Plan and Trust Agreement. Other day-to-day administrative functions and decisions shall be handled by: A Committee consisting of three (number) persons, as named below (place an asterisk ("] after the names of those individuals who are authorized to act for and on behalf of the Committee in communicating directions). Names: City Administrator City Finance Director* City Clerk Address: 55 SE 3rd Avenue Okeechobee, FL 34974 Telephone Number:863-763-3372 Unless THE STANDARD is otherwise notified in writing by one or more of the persons with authority designated above, the Trustee shall accept direction regarding the trust fund, matters and to the extent specified in the Trust Agreement, only from the Administrator of the Plan. d) Agent for Service of Process. The Agent for Service of Process is (check one and provide additional information, if applicable): ❑ i. Person(s) specified in (c) above ❑ ii. Other (specify): Name: John R. Cook Address: 55 SE 3rd Avenue, Okeechobee, FL 34974 Telephone Number: 863-634-1648 If an employee, give title: City Attorney e) Normal Retirement Age. For purposes of determining when an Employee is eligible for normal retirement under the Plan, Normal Retirement Age is (check one): L i. Age 65 (not earlier than 55 nor later than 65) Page 3of9 ❑ ii. Age (not earlier than 55 nor later than 65) or, if later, completion of (not more than 10) years of participation in the Plan Caution: Effective for Plan Years beginning on or after January 1, 2015 (or any later date permitted by IRS Notice 2012-29), a Normal Retirement Age of less than age 62 must satisfy Treasury Regulation 1.401 (a)- 1 (b)(2). f) Early Retirement Age. Early Retirement is (check one): ❑ i. Not allowed under the Plan 19 ii. Permitted at anytime after attainment of age 55 (not earlier than 50) ❑ iii. Permitted at any time after attainment of age (not earlier than 55) and completion of (not more than 10) Years of Service 3. ELIGIBILITY PROVISIONS. a) Eligible Classes of Employees. For purposes of contributions under Part 4(a), all Part -Time, Seasonal and Temporary Employees shall not be eligible to participate in the Plan for any given Plan Year. ii. For purposes of contributions under Part 4(b), all Full -Time Employees who are retiring, terminating, or entering DROP and have accumulated at least $500 in "Special Pay" (annual leave, sick leave), are eligible to participate in the Plan. b) Waiver of Participation. Individuals shall not be permitted to waive the right to participate in the Plan. 4. CONTRIBUTIONS. In accordance with Article 3 of THE STANDARD Plan, the option(s) chosen in this section must result in contributions being made for the exclusive benefit of Participants and Beneficiaries and be of a substantial and recurring nature as required by Treasury Regulations Sections 1.401 -1 (a)(3) and 1.401 -1 (b)(2). a) For every eligible employee selected in Part 3(a)(i) above, the following types of Employer Basic Contributions are provided under the Plan (check each applicable type and fill in other information, as applicable): ❑ i. Employer pick-up contributions under Code Section 414(h)(2), made on an employee salary reduction basis by each eligible Participant, in the Page 4of9 amount of (insert percentage greater than 0%) % of each eligible Participant's Compensation ❑ ii. Employer fixed contributions in the amount of (Insert percentage greater than 0%) % of each eligible Participant's Compensation ❑ iii. Employer discretionary contributions in amounts determined annually by written action of the Employer prior to the close of the Plan Year, allocated to each Participant's Account in proportion to his or her Compensation for the year Note: Use Attachment A if contribution types or amounts vary by eligible class. b) For every eligible employee selected in Part 3(ii) above, the following types of Employer Special Pay Contributions are provided under the Plan for which an Employee does not have the option of receiving a current cash payment in lieu of the contribution specified (check each applicable contribution type and fill in other information, as applicable): i. Employer contributions in the amount of 100% of a Participant's eligible accumulated and unused sick leave in excess of (insert dollar amount or time period that must be retained, if any) not in excess of (insert maximum dollar amount or time period) ii. Employer contributions in the amount of 100% of a Participant's eligible accumulated and unused vacation leave in excess of (insert dollar amount or time period that must be retained, if any) not in excess of (insert maximum dollar amount or time period) Note: Use Attachment A if contribution types or amounts vary by eligible class. If local laws or the Employer's employment policies refer to accumulated sick and/or vacation leave by some other name (e.g., annual leave or personal paid time off) insert applicable terminology below. Note that any such leave must accrue over the employee's employment history and be available for use by the employee at his or her option for sickness or time off without imposition of other conditions such as training or other duties or severance. Accumulated sick leave is called: Accumulated vacation leave is called: Accumulated Annual Leave For purposes above, the Employer contributions shall be credited to each eligible Participant's Account (check one or both, as applicable) as of [ ]the end of each Plan Year [ ]for the year of the Participant's termination of employment with the Employer. The dollar amount of the accumulated leave shall be based upon the product of the Participant's (check one) [ ]hours [ ]days [ ]weeks of accumulated leave and his/her current rate of pay and/or rate(s) of pay in effect when the Page 5 of 9 leave was earned, as prescribed by applicable statute or written employment policy for each eligible Participant. c) The following minimum or maximum contributions shall apply (check each applicable box and fill in amount): ❑ i. Employer minimum contribution of $ Participant. for each eligible ❑ ii. Employer maximum contribution of $ for each eligible Participant. d) Rollover contributions to this Plan by employees from another eligible retirement plan (check one) [(]are [ ]are not permitted, effective on and after July 19th, 2016. Contributions in (a) and (b) are subject to any minimum and maximum contributions specified in (c). See THE STANDARD Plan Section 7.03 for other applicable limitations on contributions. 5. INVESTMENT OF PLAN ASSETS. Plan assets shall be invested by the Trustee at the direction of (check one in each category): Employer Basic Contributions specified in Part 4(a): ❑ i. The Employer %. ii. Participants (self -directed investment of individual Accounts by Participants) ❑ iii. Not applicable (these contributions are not permitted above) Employer Special Pay Contributions specified in Part 4(b): ❑ i. The Employer Yii. Participants (self -directed investment of individual Accounts by Participants) ❑ iii. Not applicable (these contributions are not permitted above) Employer Rollover Contributions: ❑ i. The Employer ii. Participants (self -directed investment of individual Accounts by Participants) Page 6of9 ❑ iii. Not applicable (these contributions are not permitted above) 6. DISTRIBUTIONS. A Participant's Account shall be distributed pursuant to Article 6 of THE STANDARD Plan document. The following options apply under this Plan (check as applicable): } i. Installment Payments - Payable on future dates elected by the Participant i ii. Deferred Lump Sum Payment - Payable on a future date elected by the Participant iii. Direct Rollover - Payable in whole or in part to the trustee or fiduciary of another eligible retirement plan as described in Section 6.02(f) of THE STANDARD Plan. (This option is required by law and must be checked) 1 iv. Immediate Lump Sum Payment - Payable as soon as administratively feasible after the Participant's termination of employment (This is the normal form of plan payment and must be checked) ❑ v. Annuity Contract Selection - Payments at such time and in such form as selected by the Participant under any group annuity contract funding the Plan or individual annuity purchased for the Participant's Account ❑ vi. In -Service Distributions - Transfers to a state retirement system in which the Participant also participates to purchase additional service credit under that system 7. LOANS. Subject to the procedures and limitations set forth in Section 6.05 of THE STANDARD Plan document, a Participant may borrow from his/her (check all that apply): ❑ i. Employer Basic Contribution Account ii. Employer Special Pay Contribution Account iii. Rollover Contribution Account ❑ iv. Not Applicable (loans are not permitted under the Plan) 8. AMENDMENT INFORMATION. The terms of this Adoption Agreement may be amended from time to time by a written amendment executed by the Employer and THE STANDARD. THE STANDARD may amend the Adoption Agreement and/or THE STANDARD Plan if the amendment is one that is required by law to maintain the qualified status of the Plan under Code Section 401(a). If the Employer rejects an amendment that is required by law within any time frame specified by the amendment, the Employer's Plan will cease to be considered an IRS approved Page 7of9 volume submitter plan and will become an individually designed plan. THE STANDARD will inform the Employer of any amendments that are made to the Plan or of the discontinuance or abandonment of THE STANDARD Plan. The elections or specifications set forth in this Adoption Agreement may be amended from time to time by the Employer by execution of a new Adoption Agreement, which shall be effective as provided therein or on such later date as the new agreement is accepted by THE STANDARD. No amendment to the Plan shall deprive any Beneficiary, Participant, or former Participant of any benefits to which he/she may be entitled thereunder, unless such amendment is required in order for the Plan to meet those requirements of Code Section 401(a) that apply to governmental plans. 9. DESIGNATION OF TRUSTEE AND SECURITIES ACT OF 1933. The Employer designates the Trustee to accept, hold, and manage contributions made under the Plan pursuant to the terms of the Trust Agreement, a copy of which has been delivered to the Employer, and in accordance directions of the Administrator of the Plan. Operation of the trust fund will be governed by the terms of the Trust Agreement. In the case of an investment option or vehicle held under the Trust Agreement that is subject to the Securities Act of 1933, and provided the participants' interest in the Plan is exempt from the requirements of such Act, the participants or their beneficiaries shall not, except upon their written, telephonic or electronic request to the Administrator or by written instruction of the Employer to the Administrator, be provided with copies of any prospectuses, financial statements and reports, or of any other materials relating to such investment option or vehicle (including, without limitation, materials provided to the Plan relating to the exercise of voting, tender or similar rights that are incidental to the holding of an ownership interest in such investment option or vehicle). 10. EMPLOYER SIGNATURE. The Employer acknowledges that it has counseled with its own selected legal and tax advisers concerning its authority to adopt the Plan and with respect to the legal, tax, and financial consequences of the Plan for the Employer and its eligible employees. The Employer understands that it may rely upon approval of THE STANDARD Plan by the Internal Revenue Service as a volume submitter plan to the extent permitted by Revenue Procedure 2011-49 only if this Adoption Agreement is completed by selecting from the available choices and without any textual changes to the Adoption Agreement or THE STANDARD Plan, and as long as all other requirements of Revenue Procedure 2011-49 for such reliance have been satisfied. In order to obtain reliance with respect to qualification of the Plan as adopted by the Employer with any textual changes, the Employer, with the assistance of the Administrator, must apply to the Internal Revenue Service for its own determination letter. The person signing below on behalf of the Employer represents that he/she has the requisite authority to act for the Employer in the adoption of this Plan and designation of the Trustee; and THE STANDARD, the Trustee and the Administrator are entitled to rely on that authority, and further each one shall be fully protected in taking, permitting or omitting any action with respect to the Plan on the faith of that authority and all subsequent actions and directions of the Employer, and no one of them shall incur any liability for carrying out the actions Page 8of9 and directions of the Employer, provided that the actions or directions are consistent with the terms of this Plan and are not in violation of the applicable law. SIGNATURE PAGE ON BEHALF OF THE CITY OF OKEECHOBEE, FLORIDA: Authorized and Approved by the City Council on: July 19, 2016. Signed on: By: Marcos Montes De Oca, City Administrator REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney THE STANDARD, INC. HEREBY AUTHORIZES USE OF THE THE STANDARD PLAN BY THE ABOVE - NAMED EMPLOYER AS REPRESENTED BY THIS ADOPTION AGREEMENT AND THE ACCOMPANYING PLAN DOCUMENT, EACH OF WHICH IS NUMBERED AND REGISTERED WITH THE STANDARD, INC. ANY USE OF THESE NUMBERED DOCUMENTS BY ANY OTHER ENTITY IS EXPRESSLY PROHIBITED BY THE COPYRIGHT LAWS OF THE UNITED STATES. THE STANDARD, INC. THE STANDARD Administrative Services 8488 Shepherd Farm Drive West Chester, Ohio 45069 844-423-6267 Date: By: Print Name: Title: Page 9 of 9 Nwe 401 (a) Proposal For City of Okeechobee F-"I Anders Anders [he7dard The team at The Standard appreciates the opportunity to show you how we can make your retirement plan easy by design. The following pages outline the services that The Standard proposes to provide to your plan. For additional information or to discuss next steps, please contact your advisor. Section Page Executive Overview..........................................................2 Recordkeeping and Financial Services ............................3 Plan Administration Services ........................................... 9 Participant Services........................................................17 Plan Consulting Services................................................29 Investment Selection And Management ......................... 34 About The Standard........................................................ 39 Fees ..............................................See Separate Attachment Don Anders Chris J. Brock, CRPS Financial Advisor Retirement Plan Consultant Anders Financial Group StanCorp Equities, Inc. 175 Lookout Place 4350 W. Cypress Street, Suite 920 Maitland, FL 32751 Tampa, FL 33607 407.212.2889 281.865.6962 don@rpeducator.com chris.brock@standard.com Anders � t 1 A retirement plan can be a very valuable tool to attract and retain employees. But sponsoring a plan comes with responsibilities that can be challenging for any employer. Let your advisor and the experts at The Standard help you take care of your retirement plan while you take care of business. We will work together to reduce your workload, simplify administration, and help your employees become ready for retirement. The Standard's staff and services will lessen your workload by completing many aspects of plan administration for you. The Standard's streamlined processes will simplify the remaining administration, reporting and compliance tasks to the point that it can be like adding staff to your human resources team. The Standard can help more of your employees arrive at retirement with an income that meets their personal goals, whatever their goals, knowledge and experience may be. Enjoy the recruiting benefits of sponsoring a retirement plan while getting your other work done and sleeping soundly at night. Count on The Standard to provide you with a retirement plan that is easy by design. 2 To successfully serve the needs of your employees and your firm, your plan must be supported by a broad array of recordkeeping and financial services capabilities. Financial transactions have to be completed, records kept for the plan and its participants, and reports prepared in order for the plan to operate. Competency in delivering these services is expected. A misstep or outright failure will be as noticeable as flickering lights or a blackout in your neighborhood. However, the difference between competence and excellence in delivering these services will likely go unnoticed except by the most discerning customers. Just as customers of a utility with a proactive program to prune trees away from power lines and install underground lines will experience more consistent service with fewer power outages, working with an excellent record -keeper can make a meaningful difference in your experience. If you are seeing this document, it is because your advisor has already weeded through the universe of service providers to ensure that those presented to you can reliably deliver recordkeeping services. Just as electricity runs our homes and businesses, successful recordkeeping and plan administration requires accurate payroll and participant data on a timely basis. Having accurate data at all times minimizes the likelihood of errors and opens the door to providing services that will simplify the lives of both employer and employees. How plan data is managed and used can be a key area of differentiation between record -keepers. Another point of potential differentiation is the extent to which a recordkeeping and financial services partner will operate as an extension of your human resources department. The plan should operate efficiently and there should be opportunities to outsource processes to the record -keeper, allowing your staff to spend less time and money supporting the plan. Guarantees should clarify the expected timelines and quality standards for key processes, as well as how the partner will rectify the situation should it fail to meet those timelines and quality standards. When evaluating different approaches to delivering these services, consider the effect they can have on your workload and the experience of your employees who participate in the plan. You may find the results are very significant, translating into expenditures of considerably more or less of your time and money. 3 The Standard's recordkeeping and financial services are based on Participant Data Management, a fundamentally different approach to collecting data: 1. We collect data on ALL employees (not just those participating in the plan). 2. We double-check the validity of any data we receive before using it to update plan records or complete financial transactions. 3. We use the employee data in ways that increase the efficiency of the plan. While this may seem like a common-sense approach, it is uncommon among retirement plan record -keepers. The Participant Data Management process is the engine that eliminates most contribution and participant data errors before they can enter The Standard's system. Better data means less time correcting errors or revising data, plus better accuracy and lower costs. Participant Data Management also provides The Standard's account manager with the quality data required to confidently manage administrative tasks on your behalf. For example, it gives us the information required to identify employees as they become eligible to participate and notify them of that milestone. The data is also used to speed processing of distributions and loans, as well as provide real- time updates to vesting calculations. And it will eliminate the work associated with completing a plan census at year-end. This approach results in less work for you, and more timely and accurate service from The Standard for both you and your employees. • • • • • • r Participant recordkeeping X Plan accounting X PlanNet online tools for employer X Participant reports — online reporting tool X Group Annuity platform X Financial transaction processing — deposits, X distributions and loans Certified Trust Statement X Revenue -sharing accounting X 4 The Standard's administrative services are based on the Participant Data Management process, a fundamentally different approach to collecting administrative data. The Standard collects data on all employees — even those not participating or eligible — throughout the year. As a result, a plan year-end census is generally unnecessary. We are also able to use this data at any time to prepare personalized communications that will help boost employee awareness of the plan. In the traditional data -collection model, data is not collected on non -participating employees, creating significantly more work for employers at the time of year-end census. The table below compares The Standard's data -collection process to a traditional recordkeeping model. Collects comprehensive data on all employees, eligible or not Uses 80+ tests to validate the data before using it Uses data to invest contributions Uses data to identify newly eligible employees and contact them to deliver the news Uses data to identify employees who are eligible but not contributing Uses your payroll data file as data source without modifications in most cases Changes to information about a participant (e.g., change of address or contribution rate) appear in the payroll file, then automatically update data in the recordkeeping system Calculates exact amount required to fund the contribution associated with the payroll file Transfers contributions from your bank account to The Standard with electronic funds transfer Census at year end is not necessary; data has been collected throughout the year Requests confirmation that data gathered is correct at the end of the year Collects minimal data only on individuals who contribute to the plan Uses data as submitted Uses data to invest contributions Not applicable Not applicable Requires you to create a separate payroll data file or manually enter data into the system Changes to information about a participant (e.g., change of address or contribution rate) are either reported to account manager or are entered manually by the employer May not calculate amount required to fund the contribution associated with the payroll file Transfers contributions from your bank account to provider with electronic funds transfer Requests a census at the end of the year to gather data on other employees Not applicable 5 The employee payroll data you transmit to The Standard will be reviewed in real time against 80-plus validation rules to identify and correct data errors before they are loaded into our administration system or can affect plan administration. Our flexible data -collection process accepts most payroll file formats, eliminating the need for you to alter your payroll files before submission. As your payroll file reflects changes to a participant's mailing address, those changes will automatically be reflected in plan records. Because the data required to do compliance testing and prepare Form 5500 is compiled on your employees throughout the year, you do not need to provide a year-end census of your employees. Instead, we will simply ask you to review that data to confirm it is accurate and can be used for these critical tasks. The Compliance Data Review process will guide you through that review; it automatically flags items that the system identifies as potential errors and allows you to review and correct them instantly. While much of the accounting for a retirement plan is focused on serving participants, accounting for a plan's financial transactions, cash flows, and expenses represent critical management tools for employer and the advisor. The Standard provides your plan with complete recordkeeping and plan accounting services. Internal controls ensure accuracy as our systems allocate investment earnings to participant accounts and complete thousands of financial transactions on their behalf each business day. Plan accounting is reported in three ways: • PlanNet tool • Participant reports • Financial Activity Report 0 The PlanNet tool at www.standard.com provides you with immediate access to information about the plan and participant accounts, including: • Financial information for the plan, including account balances, contribution and distribution details • Performance data for the plan's investment options • Participant account information • Participant statements • Online plan document and summary plan description • Administration reports • Administration guides • Administrative forms • Enrollment materials • Contact information for key personnel at The Standard Secure and password protected, you may limit access to only those individuals you authorize. You can view and download predefined reports containing information about participants to more easily accomplish many of your plan administration duties. Available reports include: • Account Balance • Financial Activity Summary • Compensation, Hours and Contributions • Dates and Eligibility • Distribution Detail • Loan Detail, if applicable These reports can easily be customized to include only the information the user considers pertinent. Reports can be downloaded into Microsoft Excel° or text files to allow further manipulation. You can access particiption reports through the PlanNet and Participant Data Management websites at Secure and password protected, you may limit access to only those individuals you authorize. The Financial Activity Report is posted each quarter on PlanNet for you and other authorized users to view. The quarterly report includes calendar -quarter information, a year-to-date statement and a transaction summary. 7 The Standard's group annuity platform offers plans access to 190-plus funds from more than 40 fund families. This platform offers access to a wide range of non-proprietary equity and bond funds, plus a managed account option for employees. Clear and concise fee disclosure, return of revenue sharing to the plan participants, as well as close integration with recordkeeping and administrative services are key features of this platform. The Standard will facilitate financial transactions on behalf of the plan and its participants. The Standard's service agreement includes guarantees that confirm our commitment to timely and accurate processing of financial transactions, including contributions, distributions and loans. See the Service Guarantee page for additional information. The Standard provides a certified trust statement based on the plan's fiscal year. It certifies that records of plan investments or investment activity are complete and accurate. The Standard does not retain revenue sharing from mutual funds. If a fund pays revenue sharing to your plan, The Standard will facilitate using it to benefit the plan by crediting those dollars to participant accounts. 1.1 Retirement plans are among the most highly regulated of employee benefits. Complying with the letter and intent of the regulations governing retirement plans can at times appear overwhelming. In addition, employers face the reality that ERISA (Employee Retirement Income Security Act of 1974) identifies certain administrative functions as fiduciary responsibilities, which carry the risk of litigation should a participant take issue with the way those responsibilities have been discharged. To help cope with these regulations and minimize their risks, employers turn to firms that specialize in administering plans to provide the following services to their plan: • Account management • Plan document preparation • Plan installation • Vesting calculations • Management of distributions and loans • Preparation of required participant notices • Distribution of required participant notices Successful administration begins during the installation of the plan. The plan's provisions must be accurately documented, each party's role and responsibilities made clear, and the transfer of plan data and assets from the prior provider handled both efficiently and on schedule. Completing these steps will establish the basis for smooth ongoing administration of the plan. Once the transition is complete, successful ongoing plan operations are generally determined by two factors: payroll data and communication. If complete and accurate payroll data is provided to the administrative services firm on a timely basis, administrative and financial transactions for the plan will run smoothly. Inaccurate or incomplete data will virtually guarantee errors and unnecessary expenses. The second factor is good communication between staff at your firm who support the plan, typically the human resources and payroll departments, and the account manager at the administrative services firm. Through regular communication, this team will inevitably find ways to improve the efficiency of plan operations and head off many potential problems before they happen. 9 The Standard provides employers access to a complete selection of administrative services. We will work closely with your advisor and former provider to ensure a smooth, efficient transition to The Standard. Ongoing administrative services will be comprehensive and timely: Our staff will lessen your workload by completing many tasks for you and simplifying the remaining administration, reporting and compliance tasks. Our team will leverage the quality data from our Participant Data Management process to manage tasks on behalf of your plan. While the Participant Data Management process is described in greater detail in the Recordkeeping section, it is the engine that allows The Standard to eliminate most contribution and data -submission errors before they occur. It also allows us to manage distributions and loans, provide real-time vesting calculations, and eliminate the need for a plan census, among other benefits. We back our commitment to reduce your risks associated with the plan by acting as a fiduciary, as described in ERISA 3(16), for completing certain plan administration responsibilities. The Standard's services agreement puts our industry -leading "hold harmless" language in writing: "We agree to indemnify and hold you harmless from and against all claims, actions, obligations, damages, liabilities, penalties and expenses, including reasonable attorney's fees, asserted against you to the extent such claims, actions, obligations, damages, liabilities, penalties and expenses are the direct result of our default of our responsibilities under this Agreement, provided that you notify us promptly of the commencement of such action and cooperate as reasonably necessary in any defense." Generally, The Standard will act as a fiduciary if providing the services marked with an * below and if it holds all plan assets. Please read the entire agreement carefully for a full description of the services, conditions and limitations. Acccunt manager assigned to plan I X Relationship manager assigned to plan I X Prepare and amend plan dccUrrnent I X Calculate vesting X Interact xith participants to facilitate X distribution and loan processing Revie,,v and approve loans. distributions, X` and hardship withdrawal requests Facilitate distribution of small account X balances to terminated participants Prepare certain participant notices I X Cistribute certain notices to participants I I X 10 Your account manager with The Standard will be your primary point of contact for administrative matters. A seasoned professional with a broad -based knowledge of retirement plans, your account manager will support your team with services that simplify the plan's operations and make accountability clear. In addition to communicating with you regularly, your account manager can consult with The Standard's team of in-house experts to answer your questions or arrange for additional services. Your relationship manager is The Standard's local representative to your plan. Experienced and knowledgeable, the relationship manager will work with your advisor and you to develop creative service solutions, as well as a smooth transition and enrollment process. Thereafter, they will continue to provide support for the plan, including regular reviews of the plan's operations plus ongoing education and enrollment support. Many of our retirement plan specialists have professional designations from the American Society of Pension Professionals & Actuaries (ASPPA) and the National Institute of Pension Administrators (NIPA). • QKA (Qualified 401(k) Administrator) • QPA (Qualified Pension Administrator) • CPC (Certified Pension Consultant) • APA (Accredited Pension Administrator) The Standard's prototype and volume submitter plan documents offer tremendous plan design flexibility and offer the opportunity to select a retirement plan solution that will achieve your organization's goals. • Money purchase • Profit sharing • Traditional and Roth 401(k) • Traditional and Roth 403(b) • Traditional and Roth governmental 457(b) • Tax-exempt 457(b) • Defined benefit Our in-house legal group will oversee the preparation of the plan document and summary plan description necessary to administer your plan. The legal group can also consult with you on plan design and operational issues, and can prepare amendments to ensure that the plan continues to comply with regulations and meet your business goals. If necessary, we will prepare the materials needed to secure an Internal Revenue Service determination of qualified status and provide assistance with the IRS review of the plan. We may charge an hourly fee for the preparation of this package. 11 **A» Plan Installation The Standard's implementation manager will work with your team and the plan's previous service provider to ensure that its transition to The Standard is smooth and timely. Plan records from the prior service provider, including indicative data and historical account data for participants, as well as takeover asset information, must be provided to The Standard in an electronic format. Another key step in the installation process is establishing a regular flow of data and contributions on behalf of the plan. The Standard's implementation manager will work with your payroll team to customize the Participant Data Management process to align with the specifics of your plan, as well as the realities of your firm's day-to-day operations. While Participant Data Management is easy to use, training is available for your staff initially and whenever turnover occurs. Once the process is established, payroll data and contributions are typically submitted in as little as five minutes with one "push of the button." The chart below outlines the events of the first few weeks of a typical new retirement plan. Plan Installation Timeline 12 The Standard can act as a fiduciary for certain key plan administration responsibilities under ERISA 3(16). Our industry -leading "hold harmless" language is applicable to the following services: • Managing the approval process for loans and distributions • Approving Qualified Domestic Relations Orders and providing related notices Our service agreement may include additional requirements, conditions, limitations, and/or fees associated with completing these tasks on behalf of your plan. To utilize our 3(16) administrative fiduciary services: 1. The Standard must prepare the plan document. 2. The employer must provide a payroll file containing data all required data for all employees when they submit each contribution using The Standard's Participant Data Management tool. 3. The Standard must perform full administration. Additional requirements may apply; please confer with The Standard's retirement plan consultant. The Standard's Participant Data Management process makes it possible to accurately determine vested percentages throughout the year, then report them on account statements and online services. Unlike many other providers, it also means that distributions or loans can be calculated quickly and accurately without requesting additional information from the employer. 13 Participants may initiate distribution and loan requests through Personal Savings Center at avww stndr>1. y,6.-. tiro ��r. The service is convenient, minimizes paperwork and speeds processing. Once the request is entered into the system, all ensuing communication will be by telephone or secure email between the employee and The Standard's Contact Center. Representatives will be ready to answer questions about the status of approvals and when the check will be mailed. Your firm will decide which of two options will be used to manage distribution requests, including hardship withdrawals, plus loan requests: 1. You may review and approve or deny requests online 2. You may delegate responsibility to review and approve or deny requests to The Standard by using our Manager of Approval Process service If your firm selects The Standard to act as the Manager of Approval Process service, the process will be more efficient and result in significant time savings for you. How? • No loans to approve • No checks to send to participants (if loan is requested online) No hardship conditions to determine The Standard can also act as the Manager of Approval Process to determine whether the plan can accept rollover contributions from other retirement plans. However, we cannot act as a fiduciary in that scenario. Not all plans may use The Standard's Manager of Approval Process service. Examples include plans with provisions that allow in-service withdrawals from partially vested employer sources or participant loans that must come from specific money sources. Contact your retirement plan consultant regarding requirements. Personal Savings Center describes the payment options available to terminating or retiring employees plus the option to request a distribution online. If a distribution is requested, it will be reviewed; if approved, tax withholding and reporting will be completed on behalf of the plan, then either a check will be issued and mailed to the employee or an electronic fund transfer will be completed. Participants may use tools in Personal Savings Center to model payments associated with a loan. If a participant requests a loan, The Standard will provide the following loan administration documents to the participant for signature or information, as required, for each loan: • Promissory note • Security agreement • Loan application • Informational disclosure Amortization schedule The Standard will notify you when to begin deducting loan repayments from an employee's paycheck and to stop those deductions when the loan has been fully repaid. 14 By law, terminated participants with account balances of $5,000 or more may leave their money in the plan until retirement. However, employers are permitted to automatically distribute account balances of less than $5,000 to terminated participants if the plan document allows it. Such a process can be advantageous to the plan, helping to manage costs and avoiding the administrative headaches associated with continuing to track former employees long after their employment has ended. If requested, The Standard can periodically facilitate such distributions on behalf of a plan. The process begins with a letter from The Standard notifying the affected participants of their balance in the plan and outlining the timeline for an involuntary distribution. Many participants will request a distribution or rollover to another plan. The remaining balances will automatically be distributed at the appointed time. The Standard will prepare the notices listed below as part of its administration services. Most are required notices which must be distributed to participants, while' items are other notices. (However, The Standard cannot provide the annual disclosure of plan fees, fee change notices, or fund change notices to participants utilizing a self -directed brokerage account.) The Standard can also distribute these notices to participants in your plan for an additional fee. Summary plan description X X Summary of material modifications X X Quarterly participant statement X X Blackout notice (Sarbanes Oxley) X X Enrollment booklet" X X Qualified default investment alternative X X Summary annual report X X Annual disclosure of plan fees X X Fee change notice X X Fund change notice X X Delivery of 404(c) requested information X X Notice of receipt of a qualified domestic X X relations order 15 We stand behind the quality and timeliness of our retirement plan administration services with service guarantees. If we fail to achieve substantial compliance with our service guarantees, we will waive the applicable fee for the plan or affected participants as appropriate for the period. If the plan does not have an explicit fee for the service, we will credit the customary fee to the client's (or participants') accounts. Participant statements Postmarked within 15 business days after $500 quarter end, except end -of -year statements (postmarked within 20 business days after quarter end)' Contributions Invested within 2 business days of receipt Retroactively post transaction of all necessary information through our and cover any investment online process2 gains or earnings Distributions and Submitted for payment within 5 business Waive applicable transaction loans (if administered days of receipt of complete request through fee and any associated by The Standard) our online loan and distribution tool3 overnight fees Plans that hold any assets that are not traded daily through our recordkeeping system are not included in this service standard. 2 Plans that are traded on the Schwab Trust Platform or which contain PCRAs, stock or outside assets are not included in this service standard. 3 Both' and 2 are required. In addition, there are some circumstances in which our service guarantees are not applicable. They do not apply: • to the first reporting period for a new or takeover plan or until all plan records and assets have been transferred to The Standard and reconciled, if later • if a natural disaster or other force beyond The Standard's control shuts down our systems or operations for one day or more during the applicable period 16 Your firm provides a retirement plan as a tool to recruit and retain employees. Surveys consistently report that employees consider a retirement plan to be among the most valuable benefits that an employer can offer. A retirement plan moves every participating employee closer to having an adequate retirement income. A consensus is emerging that the best way to evaluate a plan's success is its ability to help employees achieve "retirement readiness." There is also a growing understanding that many employees need advice and support from services or automated tools if they are to retire with an adequate retirement income. Some of these solutions include: • New types of funds, managed accounts and advisory services help keep participants' investments in line with accepted standards. • Behavioral finance research, which provides insights into employees' motives and behavior, has changed how we communicate with them about preparing for retirement. • Personalization of services creates opportunities to carefully align goals and solutions with the real life choices that each employee must make. A carefully planned communication effort is a key tool to ensure that your firm achieves a strong return on its investment in the plan and the best possible results when launching a new retirement plan or introducing a new service provider to your employees. 17 The Standard has a suite of tools that allow your employees to easily enroll in the plan, monitor their account and transact plan business. Other resources are available to help them understand retirement planning, personal finance and investing. Our Contact Center representatives can answer their questions or facilitate transactions. Some employees will use these resources plus their own knowledge and skills to successfully develop, implement and then manage their accounts to become retirement ready. However, history suggests that they will be the exception: Most employees find themselves in foreign territory as they plan for their retirement. Lacking the experience, knowledge or discipline needed to manage what may well be their largest financial asset, they will need help understanding the issues involved in planning and making their decisions. To accommodate varying levels of knowledge and experience among your employees and guide more of them to retirement readiness, The Standard offers them two options for managing their accounts: • Independent: "I'll Do It All Myself' • Guided: "Help Me Do It" The Standard will provide communication support as your plan transitions from its former provider. Our support will not end there: We will also help ensure long-term satisfaction with your retirement plan — and a maximum return for you as the employer — with an effective, ongoing communication plan. Administration Duties Account statement — by mail or online X Online account management services X Contact Center and account management X services by telephone Account management options: Independent X Guided X Enrollment and education meetings X Online enrollment X Enrollment booklet X Educational materials X 18 The Standard's account statements for participants are presented in an attractive and easy -to -read format that reports the following information: • Account balance by fund and money source (i.e., elective deferral, employer match, etc.) XYz • Account balance at the beginning of the quarter • Change in value due to investment _. performance • Final balance at the end of the quarter ..�, • Investment overview to illustrate the current makeup of the participant's " portfolio by asset class • Personalized total investment return for the portfolio - • Total contributions, distributions and change in value for each investment in which the participant has assets • Fund performance data with performance benchmarks • Loan balance, if applicable Statements include an educational or motivational message chosen by The Standard each quarter. You may replace this message with a plan -specific message chosen from a list we provide or create a message of your own at no charge. Statements can be further customized to incorporate your firm's logo. Statements are mailed directly to participants' homes within 15 business days after the end of the calendar quarter (exception: December 31s' statements are postmarked within 20 business days after the end of the quarter). Statements will also be posted to Personal Savings Center each quarter 19 The secure Personal Savings Center online tool will connect participants in your plan to detailed account information and services to manage their account. Available at �� stanjar.d participants can use these resources after logging in: • Enroll in the plan • View their account balances and transaction activity (e.g., contributions, distributions, transfers, etc.) • View their account statement • View and change their asset allocation • View and change their investment directives • View their fund performance data • View their loan balances, if applicable S . • View the plan overview • Turn "on" or "off' the Automatic Rebalancer, a service that periodically realigns a participant's investments in m accordance with current directives • Provide beneficiary designation information if plan offers online enrollment • Roll over funds from another retirement plan, if applicable • Email a Contact Center representative • View educational content • Use interactive calculators to determine how much to save or which portfolio is a good match • Model and request a loan or distribution, if applicable The Standard's Contact Center, staffed with representatives who are available to talk with employees, is open: Monday through Friday 8 a.m. to 8 p.m. Eastern Carefully trained and supported by the latest call management technology, representatives will answer questions or handle other administrative matters, such as facilitating: • Investment transfers • Changes in investment directives • Distributions or loans • Rollovers to an IRA or another plan Questions emailed to savings@standard.com will receive a response by the next business day. 20 Participants can reach our secure interactive telephone system by calling 800.858.5420. The service offers participants access to a wealth of information, including: • Account balance • Transaction activity (e.g., contributions, distributions, transfers, etc.) • Asset allocation • Investment directives • Loan balances, if applicable The system allows participants to: • Change investment directives • Transfer invested assets • Turn "on" or "off' the Automatic Rebalancer • Speak to a participant services representative The system also has a Spanish language option. 21 The goal for most workers is to arrive at retirement with the resources required to provide a secure income for the rest of their life. Achieving that goal requires the discipline to cycle through the simple five - step process shown below throughout their working years. Some employees will use their experience, knowledge and discipline needed to manage this process. Other employees will conclude that they need assistance to understand the issues involved in planning and to make their decisions. The Standard offers employees two options for managing their account: • Independent: "I'll Do It All Myself' • Guided: "Help Me Do It" Each option is described in greater detail on the following pages. When matched with appropriate ongoing commitment from employees, any of these options can help them achieve their retirement readiness goals. 22 Employees in this group are independent and self-assured about creating their own plan for retirement, but are in the minority in most plans. They can: • Set their own retirement income goals • Determine how much they need to save to reach that goal • Select an investment strategy • Evaluate their progress toward their goal • Manage their savings and investment strategies over time to stay on track toward their goal They want your plan to provide: 1. Quality investment options 2. Tools to monitor their account and plan investments 3. Tools to transact plan business 4. Access to educational resources as needed 5. Access to people if they have questions 0 The services The Standard offers to employees align neatly to support your independent employees. They will appreciate how they can readily monitor their account online or on their statement, as well as how efficiently they can transact plan -related business. Representatives in our Contact Center will answer employees' questions or facilitate transactions. 23 %W Guided: "Help Me Do It" Employees in this group are less confident that they have the knowledge and experience to create their own plan for retirement, especially regarding how they should invest the money in the plan. They nonetheless are willing to take it on. They can: • Set their own retirement income goals • Determine how much they need to save to reach that goal • Evaluate progress toward their goal • Manage their savings rate over time to stay on track toward their goal They recognize that they will need help to: • Select an investment strategy • Update their investment strategies over time to stay on track to their goal They want your plan to provide: 1. Access to educational resources 2. Tools to help them make decisions, especially about investments 3. Tools to monitor their account and plan investments 4. Quality investment options 5. Tools to transact plan business 6. Access to people if they have questions Guided Portfolios Guided portfolios can help guide employees to an appropriate investment strategy. Each guided portfolio corresponds to a particular level of risk and is built using the investment options offered by your plan. Conservative (Score: Less than 40) 41 ■ rash Equivalents 30% ■ Bonds 50% Lg Cap Stocks 13% ■ sm %hd Cap 4% ■ Intl Stocks 3% Moderately Conservative =$core: 41-531 ■ Cash Equivalents 20% ■ Bonds 40% Lg Cap Stocks 26% ■ smA4o Cap 8% ■ Int'I Stocks 6% Less Risk/Less Potential Return Moderately Moderate Aggressive Aggressive (Score_ 54-66) (Score: 67-79) 1Score 80 and above) 0"� ' 4111"Wr " % 0 ■ Cash Equivalents 10% • Cash Equivalents 0% ■ Cash Equivalents 0% ■ Bonds 30% ■ Bonds 20% ■ Bonds 0% Lg Cap Socks 39% Lg Cap Socks 52% Lg Cap Stocks 65% • SM/Mkl Cap 12% ■ Sm'Mld Cap 16% ■ SmrMid Cap 20% ■ Intl Stocks 9% ■ Intl Slacks 12% ■ Intl Stacks 15% Higher Risk/Higher Potential Return International investing involves certain risks, such as currency fluctuations, economic instability and political developments. These risks may be accentuated in emerging markets. Small -company investing involves specific risks not necessarily encountered in large -company investing, such as increased volatility. Funds that invest in bonds are subject to certain risks including interest -rate risk, credit risk and inflation risk. As interest rates rise, the prices of bonds fall. 24 Employees who want to invest using a guided portfolio should complete this simple, three -step process: 1. Take the Investor Profile Quiz to evaluate their retirement goals, comfort with risk and time until retirement 2. Use quiz results to select one of five guided portfolios 3. Instruct The Standard to invest plan assets and future investments in a specific guided portfolio using Personal Savings Center, the enrollment form or by calling the Contact Center Created by StanCorp Investment Advisers, Inc., the Investor Profile Quiz is a decision -making tool that answers the question "How should I invest my money?" The quiz matches each employee with a guided portfolio that is appropriate for their circumstances by asking the employee to answer questions such as: • What are your retirement goals? • How comfortable are you with risk? • How long will it be until you retire? We use the quiz score to identify one of five guided portfolios and help the participant by setting investment directives and transferring assets to be consistent with the chosen guided portfolio. Participants are encouraged to take the quiz annually, then adjust investment portfolios if results have changed. Many employees need guidance and help with the math associated with determining how much they need to save and how to invest for retirement. The Retirement Planner can help an employee by providing guidance in establishing goals, and then selecting a savings rate and investment strategy that will reach those goals. Available through Personal Savings Center, Retirement Planner provides a retirement readiness "Snapshot" that will reveal either a retirement income shortfall or surplus relative to the employee's goals Employees can then refine the Snapshot by entering additional information, such as other anticipated sources of retirement income, anticipated changes in contributions and salary or information about a spouse or partner. Retirement Planner will also lead employees through the Investor Profile Quiz, then connect them with a guided portfolio. Armed with this information, employees can move closer to their goals by updating their contribution percentage and investment strategy to align with the guidance provided by the Retirement Planner. 25 Your advisor and The Standard will work with you to develop a communication plan that is appropriate for the needs of your organization and your employees, as well as easy to implement. Each step of the plan's introduction and enrollment process will be structured to provide employees with: An understanding of the plan, their account management options and the other services available to them An appreciation of the concept that retirement isn't about being rich — it is about being ready The knowledge necessary to establish realistic savings goals and select investment options appropriate for their needs After completing the communication plan, the plan's participation rate and success in encouraging employees to build a diversified investment portfolio will be the key measures of the plan's success The Standard will prepare a memorandum announcing the new plan or changes to the plan that you can provide to employees. The communication will lay the groundwork for service changes, noting key dates and important issues, and will encourage employees to attend an education and enrollment meeting. We will provide additional materials with which you may promote the plan, the importance of saving for retirement and notify employees about upcoming enrollment meetings. The Sarbanes-Oxley Act of 2002 requires plan administrators of ERISA plans to give plan participants and beneficiaries advance notice of any temporary period longer than three consecutive business days during which they will be unable to direct investments, obtain loans or distributions or transfer their plan investments. Notice of this "blackout period" must be given no more than 60 and no less than 30 calendar days before the last day prior to the blackout period on which they can exercise their rights with regard to plan investments or features. The Standard will: Assist you in determining the beginning and the end dates of the blackout period by contacting the previous service provider and setting a reasonable timetable for the transfer of assets Prepare a blackout notice with the required information for your use Prepare an updated notice for you to send to affected participants if the blackout period ends earlier or extends longer than expected Provide a toll -free number for participants to call to check on the status of the plan's transition Work with you to provide the required notices if we become aware of other circumstances that may qualify as a blackout period The Standard complements plan advisors' services to develop an enrollment and education strategy customized for each employer and its employees. The process begins with The Standard's RetireReady Tracker, a plan -level retirement readiness assessment of employees. The results provide advisors and employers with the foundation for strategic discussion about plan features or targeted educational opportunities to encourage employees to enroll and engage in the plan. 26 Our recommendation is often to bundle automatic enrollment with an appropriate qualified default investment alternative (QDIA). Another recommendation is to utilize Easy Enrollment to help expedite the enrollment process. We recognize some employers may prefer to have on -site meetings instead of our expedited options, such as our automatic and easy enrollment choices. The Standard can support any enrollment approach to meet the needs of employers and their advisors. Education and enrollment focuses on getting employees to answer key questions such as: How much do I need to save? How do I invest? How do I get to where I need to be? The Standard's professionals can meet with groups of employees for 30- to 60-minute sessions to make a presentation to explain the plan, its investment options, and the services that are available from The Standard. These meetings will help employees set realistic savings goals, select investment options appropriate for their needs, complete the enrollment process and answer questions they may have. We will prepare a customized enrollment booklet for your plan. The booklet will include the following: Savings and Investment Plan Snapshot Educational content that promotes participation in the plan Details of the plan's provisions, such as eligibility, vesting and retirement dates Information about the investment options offered by the plan A systematic process to determine how to invest one's savings Savings and investing forms for Mainspring Guided and Independent participants Beneficiary designation and rollover forms Instructions for using The Standard's Personal Savings Center and interactive telephone system Spanish -language materials are also available. 27 The Standard offers a diverse library of online educational tools and resources to help inspire and encourage employee participation and engagement in their retirement plan. In addition to experiencing traditional meetings or receiving printed educational materials, employees can access current, timely information online in video and article formats, as well as a suite of interactive planning calculators online at v _ . Materials are also available within our participant account management tool, Personal Savings Center. Short, focused topics range from Social Security to women and finances to practical retirement planning tips. Content is updated each month to reflect the latest industry trends and information. In addition, select content from The Standard's Retirement on the Brain seminar series is now available online for employees who desire more in-depth information. The topics available online include: Basics of the Financial Markets, Saving Enough for Tomorrow, and Your Retirement Plan: Don't Pass up the Perks. The Retirement On The Brain seminars were developed by The Standard to provide in-depth financial education that resonates with participants. The seminars use everyday language to address a wide range of retirement, investing and financial planning topics. Each education module includes a brochure and a PowerPoint' presentation, and some include workbooks. • Basics of the Financial Markets helps participants understand Wall Street and why so many people invest their retirement contributions in stock funds. • Setting Up a Savings Plan: Moving Toward Financial Strength and its companion workbook can help participants organize their financial lives and find a way to save for retirement too. • Saving Enough for Tomorrow and its companion worksheet can help your employees develop plans to make their retirement dreams come true. • Managing Risk: Step -by -Step Investing for Tomorrow explains basic investing principles in plain English, helping participants overcome the fear of investing by understanding risk. • Moving Toward Retirement focuses on issues commonly faced by people 55 and older, such as estate planning, understanding Social Security and/or state pension plan benefits, identifying other sources of retirement income and finding ways to make their money last. • A Woman's Guide to a Financially Secure Future is designed to help women — who traditionally have longer life spans, historically lower earnings and often delegate retirement planning to others — save enough to live securely in retirement. • Your Retirement Plan: Don't Pass Up the Perks outlines the advantages of your retirement plan to employees and how to make wise savings and investment decisions. 28 The specialized nature of retirement plans and the highly regulated environment in which they operate suggest that every plan should be supported by an expert consultant. In addition to helping you navigate the regulatory environment, a consultant can help you successfully achieve your business goals for the plan and maximize its benefits to participants. Typically, a consultant is hired to provide the following services to a plan: • Plan design • Regulatory guidance • Ongoing communication and sponsor education • Monitoring operational results • Action Plan A firm generally sponsors a retirement plan because it can be a valuable tool with which to attract and retain employees. As with any investment, it should be managed in a businesslike manner: The plan should operate with clear goals, be supported by a road map to achieve those goals, and have a budget of dollars and staff hours. Appropriate monitoring systems should be in place to confirm that it is delivering the results that are expected. And, of course, it should not introduce undue risk to the firm and must operate in accordance with the law. A consultant can help clarify goals for the plan, then recommend the plan's design and supervise its installation. Once the plan is operating, expect regular communications highlighting issues of importance to your company and the plan, periodic evaluations of the plan's success in meeting your goals, as well as recommendations for enhancements or changes to the plan and its operations. RE Your advisor will lead The Standard's team in serving your plan. The Standard's relationship manager will work in tandem with your advisor and an account manager who will manage the recordkeeping of your plan. The intention of your team — the advisor plus the people of The Standard — is to help make the goals you have established for the plan a reality. During the transition to The Standard and periodically thereafter, your goals for the plan will be carefully reviewed and discussed. Based on that information, a plan design will be developed, along with key measures of the plan's progress. A review of operational considerations will lead to the best choices for you and your employees. Working behind your advisor, relationship manager and account manager is a large staff of legal professionals who will ensure that your plan is in compliance with legal and regulatory requirements. This group provides legal and technical support, and ensures your plan will respond swiftly to new legal developments as they arise. 30 The Standard's prototype and volume submitter plan documents offer tremendous plan design flexibility and the opportunity to select a retirement plan solution that will achieve your organization's goals. Money purchase Profit sharing Traditional and Roth 401(k) Traditional and Roth 403(b) Traditional and Roth governmental 457(b) Tax-exempt 457(b) Defined benefit Our in-house legal group will oversee the preparation of the plan document and summary plan description necessary to administer your plan. If necessary, we will prepare the materials needed to secure an Internal Revenue Service determination of "qualified" status and provide assistance with the IRS review of the plan. (We may charge an hourly fee for the preparation of this package.) The Standard will keep you abreast of changes or issues affecting your retirement plan through regularly scheduled communications, as well as additional messages when events warrant. A quarterly email will be sent to you that indicates information about legislative updates, new services and upcoming administrative events. The Plan Review is a diagnostic tool intended to help you analyze and understand the inner workings of your plan. Colorful charts and tables make it easy to follow information in the following sections: • Plan Overview • Plan Asset Allocation • Individual Fund Review • Product and Service Review The Plan Review will spotlight positive trends within the plan as well as any areas targeted for improvement. d 31 The Action Plan is intended to be a blueprint for increasing the value and effectiveness of your plan. Typically triggered by a review of the operations of your plan, development of the Action Plan is a collaborative process involving you, your advisor and The Standard's service team. The process will generally begin with an assessment of your goals for the plan. Whether your intention is to improve the retirement readiness of your employees, find opportunities to improve the plan and its operations or something else entirely, clarifying your goals is the first step to achieving them. Once your goals have been chosen, your advisor and service team will identify possible tactics and strategies for achieving them. They will then outline an Action Plan that will guide operations of the plan over the course of the year. The Action Plan will serve as the yardstick against which the parties can measure their effectiveness. 32 Traditionally, retirement planning success has been measured through participation and deferral rates, account balances and asset allocation. It is now widely recognized that true retirement planning success is measured in terms of an employee's ability to replace enough pre -retirement income to maintain his or her lifestyle in retirement. The Standard offers a plan -level report called RetireReady Tracker to help employers determine how well their workforce is saving for retirement. A key component of the report is the plan's overall RetireReady Tracker score, which estimates the average level of pre -retirement income that eligible employees are currently on track to replace in retirement. The estimate is based on each individual's current age, salary, contribution and retirement savings account balance, as well as future savings contributions and wage growth. The plan -level RetireReady Tracker score is then compared against the industry -recommended income replacement ratio of 75% or more. The report also places employees into three categories of retirement readiness: Warning, Caution and On Track. Results are also broken out by age and compensation ranges. The initial RetireReady Tracker report helps generate a strategic discussion around potential plan design solutions to help improve employee retirement readiness, such as automatic enrollment, automatic escalation, or Mainspring Managed, The Standard's personalized saving and investment plan. The report can also help identify opportunities for streamlined enrollment processes and targeted education. Once implemented, the plan's RetireReady Tracker report will include historical scores, to help measure the effectiveness of these solutions and strategies over time. The visual, easy -to -read reports are prepared internally by The Standard and can be generated annually or by request. 33 ERISA mandates that employers ensure that retirement plan investments are: "...selected and monitored with the care, skill, prudence and diligence that a prudent expert would use in such circumstances, and to diversify' investments or provide participants with diversified investment options." These fiduciary responsibilities, which are listed below, are generally either met through the actions of the plan's trustees or by hiring others to provide the following services to the plan: Services to meet obligations as a fiduciary under ERISA section 3(21) • Investment Policy Statement for plan • Fund screening and selection Ongoing monitoring of the funds conformance with the Investment Policy Statement Services to meet obligations as a fiduciary under ERISA section 3(38) Fund replacement as needed As an employer, you minimize fiduciary responsibility for investment choices when you appoint an investment advisor who meets ERISA's definition of a "prudent expert" to select investment options. By making such an appointment, you effectively transfer the responsibility for documenting the selection of investment options and for defending those decisions to the advisor. The fund selection and monitoring process for your retirement plan should be objectively defined and aggressively enforced to ensure that the funds offered are appropriate for your employees. Without an investment process that includes strict fund screening based on quantitative and qualitative analysis — with evaluations of each portfolio for characteristics and consistency of style — your program is at risk for being unable to provide the best options for your participants. You remain responsible for monitoring the investment advisor. In addition, you are responsible for ensuring that participants have sufficient information about the plan's investment options on an ongoing basis and that they can change their selections as frequently as appropriate. 1 Diversification does not ensure a profit or protect against loss in a declining market. 34 StanCorp Investment Advisers, Inc., a subsidiary of StanCorp Financial Group, Inc., is a registered investment advisor that can provide advisory services to employers. If you elect to sign an advisory agreement with the firm, a representative of StanCorp Investment Advisers can assist you with: • Investment Policy Statement for the plan — 3(21) investment fiduciary • Fund screening and selection — 3(21) investment fiduciary • Discretionary fund replacement — 3(38) investment management fiduciary • Quarterly Monitoring Report — 3(21) investment fiduciary The investment advisory agreement acknowledges fiduciary responsibility under ERISA 3(21) for advice the firm's representatives provide you in selecting and monitoring a menu of investment options. It also acknowledges fiduciary responsibility under ERISA 3(38) for both deciding when to replace a fund and selecting a replacement. The agreement puts our industry -leading hold harmless language in writing. (StanCorp Investment Advisers will not be a fiduciary for a self -directed brokerage account, if offered.) With support from StanCorp Investment Advisers, your employees will have access to investment options with adequate opportunities to diversify and manage their tolerance for risk. You will enjoy the peace of mind that comes with knowing that you are meeting your fiduciary responsibilities for plan investments. Fund • .Monitoring Duties Create Investment Policy Statement X Recommend funds to be used by plan X Select funds for plan X Monitor funds for continued compliance with X Investment Policy Statement Report fund monitoring to sponsor X Perform 3(21) fiduciary role X Determine when it is necessary to X replace a fund used by the plan Recommend funds to be used by plan I X Select replacement fund(s) for plan I X Perform 3(38) fiduciary role I X 35 Investment advisory services are a team effort at StanCorp Investment Advisers. Our advisory professionals will work closely with your advisor, using their combined experience, knowledge, integrity, and broad -based knowledge of retirement plans on behalf of your plan. Advisory team — total staff members 16 Mutual Fund research team 6 Credit research ream 3 Equity research team 1 Client relations 6 Average experience 15 years Certified Finance Analyst (CFA) 5 Master of Business Administration (MBA) 7 The mutual fund team is armed with an array of research and analytical tools. They also are able to leverage the more than $15 billion in assets invested through The Standard to gain ready access to fund managers when questions or concerns arise. Assigned by asset class, the researchers review the entire mutual fund universe on an ongoing basis, then prepare detailed fund analyses, reports and other analytical works. They primarily provide research support to the Investment Committee, but may also be asked to do specialized research on behalf of the client relations team. The Investment Committee is composed of nine members who develop and approve the processes StanCorp Investment Advisers uses in its advisory practice. Clients will see the results of these processes each quarter as the Investment Committee completes a formal review of the research and recommendations made by the researchers. The Investment Committee ultimately makes broad -based operational decisions and recommendations that may impact plans that use any of the firm's investment advisory services. 36 The first step toward implementing an institutional -quality investment screening process is development of an Investment Policy Statement for your plan. This document spells out the procedures that will be used to select, monitor and replace funds as needed over time. Documenting this process and your compliance with these procedures is a key fiduciary responsibility. A representative of StanCorp Investment Advisers can assist you in developing this important document. If your plan's Investment Policy Statement is aligned with the core values of StanCorp Investment Advisers, implementation and documentation of your decisions can be accomplished in very easily. The research team at StanCorp Investment Advisers follows a strict quantitative and qualitative process to evaluate the universe of mutual funds before selecting a list of funds that are suitable as investment options for retirement plans and their participants. Quality funds rise to the top as we apply our rigorous selection methodology. This process delivers diversified investment options that help you meet your fiduciary responsibilities and will help participants achieve their investment goals by providing adequate opportunities to diversify and manage their tolerance for risk. If a participant fails to provide investment instructions to the employer, the plan must determine how those funds will be invested. Under the Pension Protection Act of 2006, a safe harbor allows employers to invest participant assets in qualified default investment alternatives (QDIAs) in the absence of investment direction. As a registered investment advisor, StanCorp Investment Advisers can provide a QDIA for the plan, whether it be a single balanced fund, a family of target date funds' or our Mainspring Managed pre- mixed portfolios. 2 Target date funds and lifecycle funds share the risks associated with the types of securities held by each of the underlying funds in which they invest. The principal value of target date funds and lifecycle funds is not guaranteed at any time, including at the target date. Their objectives and investment strategies change over time, generally becoming more conservative as the investor nears retirement. The target date is the approximate date when investors may begin withdrawing from the fund. 37 The research team at StanCorp Investment Advisers continually monitors funds for adherence to fund monitoring criteria of the Investment Policy Statement. When a fund is not meeting the fund monitoring criteria, StanCorp Investment Advisers will notify you that the fund's removal is recommended. That notification will also identify a recommended replacement fund, as well as a timeline for implementing the change and a notice that you can share with your employees. Assuming that you approve of the fund's removal from your plan's lineup and the recommended replacement, we will remove the fund and move money into the replacement fund. 38 Each quarter employers will receive a customized report by email that monitors current investment options in the plan and substantiates that the plan offers diverse investment options. The report includes the following elements: • Commentary on the market • Returns of indices and category averages • An examination of performance relative to peers by asset class • List of funds that are failing the primary monitoring criteria • Identification of funds that may be placed on the watch list The Standard refers to the companies of StanCorp Financial Group (NYSE: SFG), a leading provider of financial products and services. Founded in 1906, The Standard serves customers nationwide through its wholly owned subsidiaries — Standard Insurance Company, The Standard Life Insurance Company of New York, Standard Retirement Services, Inc., StanCorp Mortgage Investors, Inc., StanCorp Investment Advisers, Inc., StanCorp Real Estate, Inc. and StanCorp Equities, Inc. Customers will recognize The Standard's commitment to customer service and financial strength in products and services that include: • Group and individual disability insurance • Group life insurance • Accidental Death & Disability insurance Dental insurance • Retirement plans • Individual annuities Investment advice The Standard's headquarters is located in Portland, Oregon. The company also has sales and service offices in more than 60 cities across the United States. StanCorp Financial Group, Inc. is included in the Fortune 1000 and Forbes 500. Visit www.standard.com for more information about The Standard. 39 M The Standard's Portland facilities include (from left) the Plaza, the Public Service Building, the Center and the Tanasbourne Building at Sunset Center. ,:;nnn nnt� j �umnn IIt111 _. 40 ." 1. w '*AW Retirement Plans At The Standard For more than 80 years, The Standard has designed, installed, administered and provided investment options for retirement plans. Clients include a wide range of corporations, governmental agencies and nonprofit organizations. This experience has given The Standard the tools to develop solutions suited to the needs of both employers and participants. Service Centers Today, The Standard's account managers serve defined contribution plans from two operational centers: Portland, Oregon — Pacific, Mountain and Central time zones Cincinnati, Ohio — Eastern and Central time zones Each service center maintains a support staff of retirement plan professionals, including: • ERISA attorneys • Plan administration specialists • Compliance specialists • Data collection specialists Services for defined benefit plans are also available. Contact Center Employees are served from the Contact Center and Advisory Service Center located in Portland, Oregon. Both are open weekdays from 8 a.m. Eastern to 8 p.m. Eastern/5 a.m. Pacific to 5 p.m. Pacific. Operations Centers Plus Local Sales And Service Offices Area served by Portland. OR ■ Area served by Cincinnati. OH Operations Center and • Sales and Service Office Operations Center Operations Center Sales and Service Office 0 Portland • Wa9wt (reek • Los Atgetes • c4my" • Oenw C • Ate 41 Employers and plan participants should carefully consider the investment objectives, risks, charges and expenses of the investment options offered under the retirement plan before investing. The prospectuses for the individual mutual funds and each available investment option in the group annuity contain this and other important information. Prospectuses may be obtained by calling 877.805.1127. Please read the prospectus carefully before investing. Investments are subject to market risk and fluctuate in value. This material is intended for prospective clients only. Please read the services agreements carefully for a full description of our services, conditions, limitations and commitments. The Standard is the marketing name for StanCorp Financial Group, Inc. and its subsidiaries. StanCorp Equities, Inc., member FINRA, distributes group annuity contracts issued by Standard Insurance Company and may provide other brokerage services. Third -party administrative services are provided by Standard Retirement Services, Inc. Investment advisory services are provided by StanCorp Investment Advisers, Inc., a registered investment advisor. StanCorp Equities, Inc., Standard Insurance Company, Standard Retirement Services, Inc., and StanCorp Investment Advisers, Inc. are subsidiaries of StanCorp Financial Group, Inc. and all are Oregon corporations. StanCorp Equities, Inc. 1100 SW Sixth Avenue Portland. OR 97204 www.standard.com Esc - Fee Estimate For City of Okeechobee 401(a) Quoted on June 8, 2016 Valid for 90 Days Type of Plan: Number of Eligible Employees: Number of Participating Employees: Estimated Annual Deposits: Estimated Plan Assets upon Implementation: Implementation and conversion (one-time fee): CORE Annual Administration Base Fee: 401(a) 90 90 $200,000 $0 WAIVED $0 Total estimated annual scheduled fees: $0 i Annual plan administration fees may be deducted from participant accounts or paid by the Plan Sponsor. 2 Assets in brokerage accounts will also be subject to any asset -based fees that apply. Your plan may incur fees that are separately negotiated and paid to other service providers. (Examples: ERISA counsel, audit fees, third -party administrators, etc.) Per -participant rates may vary according to head count over life of the agreement. Participant fees consist of the underlying mutual fund expense, The Standard's asset -based fee and advisor compensation (if applicable). The Standard's asset -based fee is reduced by 100% of mutual fund revenue sharing. The Standard's Annual Asset -Based Fee: 1.35% Advisor Compensation Annual Renewal (BEGINNING MONTH 1) 0.25% Average Weighted Mutual Fund Expense Ratio (see sample recommended lineup): 0.18% Estimated Fee Offset*: -0.00% Net Asset -Based Fees: 1.78% * Estimated fee offset consists of revenue sharing from mutual funds and is estimated using sample allocations that approximate typical plan conditions. The actual offset from fund revenue sharing will depend on participant allocations, as well as the actual funds selected. $0 $2,000,000 $7,000,000 $12,000,000 $17,000,000 $22,000,000 $27, 000, 000+ 1.60% 1.35% 1.10% 0.90% 0.70% 0.60% 0.50% A single rate will apply based on total assets in the plan for the billing period. The rates shown in the table are annual rates and represent Standard's fee. Standard's fee is inclusive of on -going Advisor compensation and Advisor compensation based on transferred assets that may be paid to the advisor. Standard Loan Setup Fee $100 online; $125 paper -based Distribution Fee Included $1,500.00 Annual The Standard delivers Participant Required Notices to participant homes: If the Administration Fee, plan elects the service, the fees shown to the right will appear as an increase in the $5.00 Per Participant Annual Administration Base Fee and Per Participant Fees when fees are billed. Fee Plan Amendment Preparation Fee (IRS mandated amendments, and one optional Time and expense, amendment per year are complimentary; other amendments billed as indicated): $200 minimum charge Complimentary upon Plan Restatement (includes prototype document and determination letter; custom implementation; documents quoted at time of service): $1,000 charge for future restatements Age -weighted Contribution Formula $10 per participant plus $200 annually Cross -tested "new comparability" Contribution Formula $10 per participant plus $400 annually Forfeiture Reallocation $100 + $2 per participant Qualified Domestic Relations Order (QDRO) Review and Administration: $200 minimum Self -Directed Brokerage Account Fee (assets in SDBA also subject to any asset- $1,500 based fees that may apply) Other Ancillary Services (examples: consulting, audit support in excess of two $180/hour hours, legal and customized education items) based on cost incurred: Plan and/or Contract Termination Fee: $500 minimum Fees assume online loans and distributions, and payroll funding via Electronic Funds Transfer. Additional fees may apply if these conditions are not met. Exhibit 10 July 19, 2016 OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue 11 Okeechobee, Florida 34974-4221 (863) 763-9460 FAY.: (863) 467-4335 June 22, 2016 Mr. Jamie Mullis, Chairman City of Okeechobee General Employees Retirement System 55 SE 3`d Avenue Okeechobee, Florida 34974 Ref: City of Okeechobee and Okeechobee Utility Authority Employee's Retirement System Dear Mr. Mullis: At the June 14, 2016, regularly scheduled Okeechobee Utility Authority Board meeting, the OUA Board discussed, reviewed and adopted Resolution 2016-03, which states: A RESOLUTION OF THE OKEECHOBEE UTILITY AUTHORITY WITHDRAWING FROM PARTICIPATION IN THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM AND ADOPTING THE OKEECHOBEE UTILTY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE NECESSARY DOCUMENTS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. Please consider this letter as a formal request to the General Employee's Pension Board to initiate the process or procedures necessary to separate the OUA from the above referenced pension plan. Please advise as to how the OUA can assist the Pension Board to best accomplish this goal. Sincerely, r/'John F. Ha ord to Executive Director Okeechobee Utility Authority 6.7.16 RESOLUTION NO.2016--03 A RESOLUTION OF THE OI=CHOBEE UTILITY AUTHORITY WM-IDRAWI G FROM PARTICIPATION IN THE CITY OF 01�EECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM AND ADOPTING TI-IE OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RETIREMENT SYSTEM; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE NECESSARY DOCUMENTS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the Okeechobee Utility Authority ("OUA") is an independent special district created by Interlocal Agreement, pursuant to Chapters 163 and 189, Florida Statutes; and WHEREAS, the City of Okeechobee, Florida (the "City"), sponsors a qualified defined benefit pension plan known as the City of Okeechobee and Okeechobee Utility Authority Employees' Retirement System (the "City Plan") to provide retirement and certain other benefits to certain City and QUA employees; and WHEREAS, in connection with the formation of OUA, many former City Utility employees became employees of OUA; and WHEREAS, the City amended the City Plan under Ordinance No. 686, effective September 29, 1995, to permit OUA to participate as an employer in the City Plan; and WHEREAS, pursuant to Resolution No. 95-12, OUA began participating as an employer in the City Plan effective September 29, 1995, and eligible OUA employees have been participating in the City Plan since that date; and WHEREAS, OUA has determined it to be in the best interest of OUA and OUA employees to withdraw from participation in the City Plan and adopt its own qualified defined benefit pension plan, to be known as the Okeechobee Utility Authority Employees' Retirement System (the "OUA Plan") to provide retirement and certain other benefits to certain of its employees. NOW, THEREFORE, BE IT RESOLVED by the Okeechobee Utility Authority Board as follows: 1 . Effective September 30, 2016, the OUA hereby withdraws from participation in the City Plan, as defined above. 2. Effective as of October 1, 2016, the OUA hereby adopts the OUA Plan, as attached hereto. 3. Effective October 1, 2016, all full-time OUA employees will become participants in the OUA Plan as provided in the attached OUA Plan document, and shall not participate in the City Plan on or after that date. 4. All assets and liabilities of the City Plan attributable to current and former OUA employees, and their beneficiaries, on September 30, 2016, shall be transferred to the OUA Plan on 00665432-1 1 6.7.16 October 1, 2016, or as soon as administratively possible in accordance with the OUA Plan attached hereto. 5. The OUA Executive Director is hereby authorized and directed to take such actions as may be necessary or advisable to effectuate and implement this Resolution and the OUA Plan. 6. This Resolution shall be effective immediately upon its adoption, pursuant to law. DONE AND ADOPTED in regular session by the Okeechobee Utility Authority Board this 14th day of June, 2016. ATTEST: dric OKEBCHOBEE UTILITY AUITIORITY By: Steven D. Nelson, Chairman 00&65•132.1 2 Exhibit 11 July 19, 2016 ��. � CULPEPPER &TERPENING, INC_ Jul} 11, �016 CONSULTING ENGINEERS ! LAND SURVEYORS to)ect 16--091 (t ►SUS Contract Sender's Email:smattlies@ct-eng.com VIA: Email to (mmon tesdeoca@cityofokeechohee. com) 1vIr. Marcos IVlontes De Oca, P.E. Cite Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 RE: Project Number 16-091 Architectural Design Services — City Hall Projects Project Authorization No. 4 — Continuing Services Contract Agreement for Professional Engineering & Surveying Services Dear Mr. Montes De Oca, On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to enclose two (2) draft copies of our proposal for Project Authorization No-4-to our ASleement for l'r%.rsional EnguTeerih — Swv9iT3 Se 7ice�, = � CorltTlrTlTIT,g Services Gioact for the architectural design and construction administration for the improvements to City Hall for both the Interior Space for the first floor administration area and modifications to the Tie beam for the Fire Station Apparatus Bay Door. We appreciate the opportunity to provide die City with this proposal and look forward to our continued professional relationship. As always, should you have any questions or require any additional information, please feel free to contact our office at (772) 464-3537. Sincerely, CULPEPPER & TERPENING, INC. es, P.E. ;ident Enclosures: Agreement for Professional E'n1inecring & Surveying Services A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIERCE. FL 34981 (772) 464-3537 FAX: (772) 464-9497 Project No. 16-091 PROJECT AUTHORIZATION #4 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF OKEECHOBEE AND THE FIRM OF CULPEPPER & TERPENING INC. PROJECT DESCRIPTION: ARCHITECTURAL SERVICES Preparation of Architectural Construction Plans for building improvements at City Iall. The plans include , "l .interior building changes for the first floor of the Admi istrm n area and remodeling of the Fire Department Apparatus Bay Tie Beam for the Fire Station. Both facilities are located at 55 SE 3,d Avenue in the City of Okeechobee, Florida. PURPOSE This is an attachment to the Standard Agreement for Civil Engineering Services dated September 17th. 2013 between the City of Okeechobee (CITY) and the firm of Culpepper & Terpening, Inc. (PROFESSIONAL) and made a part thereof. The purpose of this Project Authorization is to specify the required services of the PROFESSIONAL to prepare site master plan, construction plans & details and to provide periodic construction observation assistance to City staff for the Project described above. II. PROFESSIONAL SERVICES The PROFESSIONAL, shall prepare archtectural construction plans, details and technical specifications to implement the interior building improvements and raising of the Fire Station garage door tie -beam at the City of Okeechobee, City Hall. III. GENERAL SCOPE OF WORK The scope of work shall result in two (2) separate sets of architectural plans to solicit bids from local contractors to facilitate the building improvements. Consultant shall assist the City with the development of design and construction level documents to facilitate the projects. The work shall include the following projects: o First Floor A4�ien Remodeling ('-I,si` - o Fire Department Apparatus Bay Tie Beam Remodeling TI r nF thn fn11 ' �' tlteiage sgster�i to bec eei3sEete Specific tasks to be performed by Consultant -areas follows: PROJECT 1: First Floor ration Remodeling 1A. General Comments & Project Description The purpose of this request is to provide full Architectural, Structural and IvhEP Engineering services to provide complete construction plaor a renovation of an existing two story masonry building, specifically, to reconfigure the RuH44it Department, Rlmrmngand Zoning and duel, of Cewt areas on the ground floor of the historic City Hall Building. This scope of work is structured to make the working areas for Staff more efficient, and for the Public, routes more accessible to departments without cross traffic through Staff work areas. It will involve doors, built-in casework and vertical storage, headers, power and lighting, data and phone relocates. The project delivery system, as we understand it, will be Design, Bid, and Build, to satisfy requirements of The City of Okeechobee. This building is currently a Group-B Business Occupancy utilizing the Florida Building Code FBC 2014 Fifth Edition and the 2012 Edition of the NFPA 101 Life Safety Code. This building is Construction Type V-B unprotected per FBC Table 503 and is not required to be fire sprinlclered. Page I of 7 Project No. 16-091 1B. Responsibilities of the CITY 1. The CITY shall provide all available construction plans for the existing building as requested bl, the PROFESSIONAL. 2. The CITY, during normal working hours, shall provide access to the facility for the PROFESSIONAL and his Sub -Contractors for the purpose of field measuring and verification of existing structural and mechanical/electrical systems. 3. The CITY shall provide copies of all permitting application documents as required by authorities having jurisdiction over the project. 4. The CITY will pay all application and impact fees. 5. The CITY shall complete all applications for permitting reviews. 6. The CITY shall provide all specialty testing and reporting as required by authorities having jurisdiction over the project. 7. The CITY shall originate the Public Bidding procedures and hold the bid opening at their advertised public location. 8_ The CITY must vacate the space for the work to be performed. 1C. Responsibilities of the PROFESSIONAL 1. PROFESSIONAL will provide design documents for permitting of the new Space Planning of the '7-7� r -1�Departments and associated Structural and MEP system improvements. 2. PROFESSIONAL is assuming there are no Site PlanApproval requirements or Architectural Review requirements within the City of Okeechobee for Remodeling projects. 3_ PROFESSIONAL will conduct meetings with tine Staff to gain a better insight into their Programming needs prior to commencing Schematic Designs.v` 4. PROFESSIONAL will assist the CITY in the permitting and the public bidding process. 5. PROFESSIONAL will provide Construction Administration services through the completion of the construction with a minimum of two field inspections and reports per month. Inspections by our employed Structural Engineer shall also be included. 6. PROFESSIONAL, will prepare an Opinion of Probable Construction Cost for the project at the end of the Design Development Phase of services. 1D. Deliverable Services The development of the Architectural Constriction plans and services during construction shall be provided under die following Task schedule: Task 1.1: Schematic Design Task 1.2: Design Development Phase Task 1.3: Working Drawings Task 1.4: Project Bidding/Permitting Task 1.5: Construction Administration Task 1.6: Project Programming PROTECT 2: Fire Department Apparatus Bay Tie Beam Remodeling 2A. General Comments and Project Description The purpose of this request is to provide full Architectural and Structural Engineering services to provide complete construction plans for a renovation of an existing one story masonry building, specifically, to raise the concrete tie beam in die North Apparatus Bay approximately 8" to allow proper clearance for a new fire truck. The project delivery system, as we understand it, will be Design, Bid, and Build, to satisfh requirements of The City of Okeechobee. This building is classified as Separated Occupancies FBC 508.11 Residential Group R-2 Dormitories FBC 310 and Low Hazard Storage Group S-2 FBC 311.3 utilizing the Florida Building Code FBC 2014 Fifth Edition and the 2012 Edition of the NFPA 101 Life Safety Code. This building is Construction Type V-B unprotected per FBC Table 503 and is required to be fire sprinklered in accordance with FBC 903 and NPPA 1, 13.3.2.3. Paoc 2 of 7 Project No. 1 G-091 2B. Responsibilities of the CITY 1. The CITY shall provide all available constriction plans for the existing building as requested by the PROFESSIONAL. 2. The CITY, during normal working hours, shall provide access to the facility for the PROFESSIONAL and his Sub -Contractors for the purpose of field measuring and verification of existing structural and mechanical/electrical systems. 3. The CITY shall provide copies of all permitting application documents as required by authorities having jurisdiction over the project. 4. The CITY will pay all .application. and impact fees. 5. The CITY shall complete all applications for permitting reviews. G. The CITY shall provide all specialty testing and reporting as required by authorities having jurisdiction over the project. 7. The CITY shall originate the Public Bidding procedures and hold the bid opening at their advertised public location. 8. The CITY must vacate die space for the work to be performed. 2C. Responsibilities of the PROFESSIONAL 1. PROFESSIONAL will provide design documents for permitting of the new tie beam and associated structural and MEP system improvements, and specify a replacement overhead door with motorized closer. 2. PROFESSIONAL is assuming there are no Site Plan Approval requirements or Architectural Review requirements widen the City of Okeechobee for Remodeling projects. 3. PROFESSIONAL will provide Structural Engineering documents and details for the new concrete and steel tie beam connections to meet current FBC wind load and wind pressure requirements. 4. PROFESSIONAL will assist the CITY in the permitting and the public bidding process. 5. PROFESSIONAL will provide Construction Administration services through the completion of the construction with a minimum of two field inspections and reports per month. Inspections by our employed Structural Engineer shall also be included. G. PROFESSIONAL will prepare an Opinion of Probable Construction Cost for the project at the end of the Design Development Phase of services. 22D. Deliverable Services The development of the Architectural Construction plans and services during construction shall be provided under the following Task schedule: Task 2.1: Schematic Design Task 2.2: Design Development Phase Task 2.3: Working Drawings Task 2.4: Project Bidding/Permitting Task 2.5: Construction Administration N CITY RESPONSIBILITIES The CITY will provide specific data for the project as listed in Sections B above. Such data shall; include as a minimum available record drawings, Property deed and easements. Prepare the final bid documents and manage construction activities. V WARRANTY The PROFESSIONAL warrants that the plans and specifications produced as a result of this contract are complete, correct and suitable for the purpose intended. VI AMERICANS WITH DISABILITIES The PROFESSIONAL shall ensure compliance with all applicable governmental accessibility standards, including without limitation those applicable under sections 35.151 CFR. Page 3 o1'7 Project No, 16-091 VII DELIVERABLES The project deliverables associated with each of Project 1 and 2 provided in Exhibit "A" will be delivered to the City in accordance with the schedule provided above. Three (3) hard copies and an electronic file of each of the deliverables will be as follows: 24" x 36" Architectural Construction Plans Specifications and Technical Special Provisions VIII PLAN AND SPECIFICATIONS REPRODUCTION The PROFESSIONAL will provide two (2) sets of the plans and specifications. Three (3) sets are to be signed and sealed construction sets. The cost of these sets is to be included in the design cost paid under the PROFESSIONAL as compensation for services required under this Project Authorization. If additional sets of Construction Documents are required by the City, the PROFESSIONAL shall furnish such sets at cost. Payment for such additional sets shall be promptly made by the CITY, upon properly supported invoices, submitted by PROFESSIONAL. IX PLAN AND DOCUMENT OWNERSHIP The original plans and specifications will become the property of the CITY upon completion of the Project. Computer Aided Design Drawings (CADD) is to be used in the preparation of the construction plans; a copy of all electronic data and drawing files are to be submitted on CD media. These will utilize AutoCAD version 14.0 or 2000 software. If other software is used, it is to be translated to the aforementioned software. The supplied disks are to include all points and working files. X SCHEDULES AND TIME CONSTRAINTS Witlun ten (10) days after receiving the Notice to Proceed, the PROFESSIONAL shall provide a schedule and an anticipated payment schedule. The total time allowed for the PROFESSIONAL's services required under this Project Authorization shall be 12 months from the date of the Notice to Proceed. Projects 1 & 2 shall commence upon notice to proceed from the City of Okeechobee and shall be completed by January 2017 based upon an August 1, 2016 Notice to Proceed. The projects shall be completed in accordance with the following task schedule: Project Completion V First Floor ' Remodeling January 2017 Fire Department Apparatus Bay Tie Beam Remodeling October 2016 XI COMPENSATION Payment for all services will be in accordance with the Standard Agreement for professional Engineering Services. Total compensation shall, based on the man hours shown on Attachment-B, for all services material, supplies and any other items or requirements necessary to complete the work as described herein to include actual salary costs, overhead and profit in an amount equal to 100% of actual salary cost and reimbursement of actual direct non -salary expenses shall not exceed Fourteen Thousand, Two Hundred and Ninety Seven Dollars ($14,297.00). Out of pocket expenses including postage, printing, and copying and long distance phone calls shall be billed as a reimbursable expense at the PROFESSIONAL's actual cost. Reimbursable expenses shall not exceed Five Hundred Dollars ($500.00) therefore total compensation for all work shall not exceed Fourteen Thousand Seven Hundred and Ninety Seven Dollars ($14,797.00) Pape 4 or7 Project No. 16-091 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. PROFESSIONAL: Culpepper & Terpening, Inc. By: Date (Signature) By: Stefan K. Matthes, P.E. Senior Vice President ATTEST TECHNICAL PROVISIONS OF CONTRACT AND BUDGETARY REQUIREMENTS APPROVED By: David Allen, Director of Public Works APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF OKEECHOBEE ONLY By: Da John Cook, City Attorney CITY OF OI{EECHOBEE Da Marcos Montes De Oca, P.E., City Administrator CITY OF OKE-ECHOBEE ADOPTED this _ day of 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Page 5 ol'7 Project No. 16-091 ATTACHMENT "A" Arclutectural Services Design Budget Work effort and project expenses associated with Project 1 & 2 will be invoiced on a percent complete basis as follows: Project/Task Description Gskt Project 1 First Floor Remodeling Task 1.1 Schematic Design Task 1.2 Design development Phase Task 1.3 Working Drawings Task 1.4 Project Bidding/Permitdng Task 1.5 Construction Administration Task 1.6 Project Programming Sub -Total Project 2 Fire Department Apparatus Bay Tie Beam Remodeling Task 2.1 Schematic Design Task 2.2 Design development Phase Task 2.3 Working Drawings Task 2.4 Project Bidding/Permitting Task 2.5 Construction Administration Sub -Total Reimbursable Expenses Total Fees Task Fee 1,342 L.S. S 1,785 L.S. 2,850 L.S. S 355 L.S. 715 L.S. S 2,070 L.S. $ 9,117 L.S. 1,035 L.S. 1,295 L.S. 2,070 L.S. 260 L.S. S 520 L.S. $ 5,180 L.S. $ 500 T&Ivl $ 14,797.00 Page 6 of 7 Project No. 16-091 ATTACHMENT "B" Hourly Rate Schedule Professional Services Rate Principal Engineer, P.E. $195.00 Principal Planner $195.00 Senior Project Manager, PE $175.00 Senior Project Engineer, P.E. $135.00 Senior Project Surveyor, P.S.M.. S160.00 Senior Land Surveyor, P.S.M. $125.00 Senior Project Manager $125.00 Project Engineer, P.E. $125.00 Project Manager $90.00 Project Engineer, E.I.T. $90.00 Senior Construction Manager S125.00 Construction Manager $90.00 Construction Inspector $75.00 GIS Project Manager $90.00 Sr. Engineering Technician $75.00 Engineering Technician $60.00 Sr_ Surveying Technician $75.00 Surveying Technician S60.00 Administrative Services S40.00 3-D Laser Scan Crew $175.00 GPS Survey Crew $145.00 Survey Crew $125.00 `Reimbursable Expenses will be paid as per the contract: Section 3. Reimbursable Expenses Professional shall be reimbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the City's request and on die City's behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per diem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. Page 7 of 7 Exhibit 12 July 19, 2016 AGREEMENT FOR GRANT ADMINISTRATION SERVICES BETWEEN THE CITY OF OKEECHOBEE AND LAT & ASSOCIATES, LLC THIS AGREEMENT, hereinafter referred to as "Contract," made and entered into this of 2016 by and between LAT & Associates, LLC, 5009 SE 42"d Trace, Okeechobee, Florida 34974, hereinafter referred to as "Grant Consultant" and the City of Okeechobee, Florida, a municipal corporation, 55 SE 3rd Avenue, Okeechobee, Florida 34974, hereinafter referred to as "City", for and in consideration of the following terms, conditions and covenants. I. PURPOSE OF AGREEMENT City intends to enter into a contract with Grant Consultant for provision of Grant Consultant Services by the Grant Consultant and the payment for those services by City as set forth below. II. SCOPE OF SERVICES The Grant Consultant shall provide Grant Consultant Services in all phases of grants for which AUTHORIZATION has been issued by the City pursuant to this Agreement as hereinafter provided. These services will include serving as City's grant administrator for a specific grant, providing GRANT Administrator Services, consultation and advice and furnishing customary services to grant administration and customary services incidental there to as described in the Grant Services Authorization. The detailed scope of service to be performed and schedule of fees for those services shall be detailed in each Grant Authorization. Section 1. Scope of Services Grant Consultant shall work with the City Administrator, City Attorney, City Public Works Director, or other City staff in advising the City and the City Council regarding Grant Consultant Services. The services will be those customarily attendant to Grant Administration Services including, but not limited to the following: A. Prepare and compile AUTHORIZED applications for grants to appropriate agency B. Preparation of Environmental Assessment of submission to Agency and other State agency as required C. Work with PROJECT Staff as necessary; keep staff on notice of all applications D. Preparation of Financial Projections for Project E. Preparation of Request for Funds (RFF) report for submission to Agency Page 1 F. Financial Management compliance Coordinate, monitor, and evaluate the direct costs of the overall program, including, but not limited to, the project activities outlined in the contract with the City and Agencies providing grants and all leverage funds (if applicable) G. Agency guidelines Coordinate, 'monitor and evaluate the guidelines of all Agencies for each grant H. Preparation and verification of all contractors I. Preparation and development of bid packages, overseeing bidding process. J. Monitoring and preparation of progress inspections and reports K. Provide technical assistance when necessary L. Preparation of Minority Business Enterprise (MBE) report for submission to Agencies M. Audit compliance Ensure that yearly Single Act Audits are submitted to the appropriate agencies by due date (if required) N. Project File Maintenance Maintain all files for project according to Agency Record keeping requirements O. Program Reports Responsible for any written reports that may be required for submission to Agencies (i.e. Civil Rights Profile, Monitoring report response, financial reports, etc.). P. Procurement of Services Establish and follow procedures relating to the procurement and implementation of contractual services pursuant to Agency requirements and regulations including 24 CFR, Part 85 Q. Citizens; Advisory Task Force (CATF) Compliance Assist in coordinating with the Citizens Advisory Task Force and other interested community organizations, including, but not limited to, providing required Program information and technical assistance to those who request such information to ensure compliance with active citizen participation R. Monitoring of PROJECT Assist in the monitoring of the PROJECT regarding Agency regulations, and in preparing the necessary requested responses to inquiries from Local, State and Federal governmental units. Attend all Agency Monitoring Visits. S. Presentation to the Council, staff, and the public, of reports, plans, and exhibits T. Any other tasks as required to successfully complete and close out the PROJECT Page 2 III. AGREEMENT PROVISIONS Section 1. Period of Service 1.1 Term of Agreement Upon award of this Agreement, the effective date of this Agreement shall be the date of execution of this Agreement by both City and Grant Consultant. Term of this agreement shall be for an initial period of one (1) year with the option of two (2) additional one-year renewal periods, upon the mutual agreement of the parties. At the option of the City, and upon the agreement of the Grant Consultant, this Contract may be converted to or replaced at any time with a "Continuing Services Contract" as that term is used in Section 287.055, et seq, Florida Statutes (CCNA). This agreement is non-exclusive in that the City reserves the right to retain independent grant administration from other sources if deemed to be the best interests of the City. 1.2 Project Authorization Each "Project Authorization" shall specify the period of service agreed to by the City and the Grant Consultant for services to be rendered under said "Project Authorization." Each project shall commence by a separate written memorandum of understanding which outlines the details of that particular project or grant application. Section 2. Compensation and Method of Payment 2.1 Fee Schedule CITY will compensate Grant Consultant for services under each Project Authorization. The fee due to the Grant Consultant shall be set forth in each Project Authorization and shall be in accordance with the Grant Consultant Rate Schedule. Grant Consultant rate schedule may be updated annually prior to each optional renewal period. 2.2 Invoices Grant Consultant shall submit monthly invoices to the City no later than the last day of the month for work accomplished under this Contract. Each invoice shall be detailed and include, but not be limited to, tasks and deliverables completed assigned to the Project, date worked and all ancillary expenses incurred and by whom. Page 3 2.3 Payment Payment for services rendered is due within thirty days of receipt and approval of invoice by City. Payment is delinquent 30 days following receipt and approval of invoice by City. Section 3. Reimbursable Expenses Grant Consultant shall be reimbursed only for approved and authorized out of pocket expenses directly chargeable to the Project, at actual cost incurred. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. Section 4. Changes in Scope/Conditions Additional services shall include revisions to work previously performed that are required because of a change in the data or criteria furnished to the Grant Consultant, or a change in the scope of concept of the Project initiated by the City, or services that are required by changes in the requirements of public agencies, after work under this Contract has commenced. Section 5. Use of Documents 5.1 Ownership of Original Documents All deliverable analysis, reference data, survey data, plans and reports or any other form of written instrument or document that may result from the Grant Consultant services or have been created during the course of the Grant Consultant performance under this Contract shall become the property of and shall be delivered to the City after final payment is made to the Grant Consultant. 5.2 Public Records Act§ Ch 119 Compliance Grant Consultant understands and agrees that records, documents, emails, and text messages prepared by Grant Consultant or the City for the performance of services may be subject to the Public Records Act, Florida §, ch.119 and may be required to be produced as provided in said statute. Section 6. Termination for Cause and/or Convenience 6.1 This Contract may be terminated, in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating patty, provided that no termination may be effected unless Page 4 the defaulting party is given: (1) not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. 6.2 This Contract may be terminated, in whole or in part, in writing, by the City for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in subparagraph 1 above. 6.3 In the event of termination, the Consultant shall be paid for all work completed prior to the effective date of termination, in addition to termination settlement costs reasonable incurred by the Consultant relating to commitments which were approved by the City prior to notice of intent to terminate. 6.4 Upon receipt of a termination action under subparagraphs 1 and 2 above, the Consultant shall: (1) promptly discontinue all affected work (unless the notice directs otherwise); and (2) deliver or otherwise make available to the City all data, drawings, reports, specifications, summaries and other such information as may have been accumulated by the Consultant in performing this Contract, whether completed or in process. 6.5 Upon termination, the City may take over the work and may award another party a contract to complete the work described in this Contract. Section 7. CITY's Obligations 7.1 Data to be Furnished The City shall provide Grant Consultant with all data, studies, surveys, plats and all other pertinent information concerning the Project in the possession of the City upon request. 7.2 Designated Representative The Designated Representative of the City to act with authority on the City's behalf with respect to all aspects of the Project shall be identified in each Project Authorization. Section 8. Persons Bound by Agreement 8.1 Parties to the Agreement The persons bound by this Contract are the Grant Consultant and the City and their respective partners, successors, heirs, executors, administrators, assigns and other legal representative. 8.2 Assignment of Interest in Agreement This Contract and any interest associated with this Contract may not be assigned, sublet or transferred by either party without the prior written consent of the other party. Nothing contained herein shall be construed Page 5 to prevent Grant consultant from employing such independent Grant Consultants, associates and subcontractors as Grant Consultant may deem appropriate to assist in the performance of the services hereunder. 8.3 Rights and Benefits Nothing herein shall be construed to give any rights or benefits arising from this Contract to anyone other than Grant Consultant and the City. Section 9. Indemnification of City Grant Consultant shall to the fullest extent allowed by law, defend, indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Grant Consultant and other persons employed or utilized by the Grant Consultant in the performance of the contract. Specific consideration for this indemnity is $10.00, the receipt and sufficiency of which are hereby acknowledged by Grant Consultant. Grant Consultant shall obtain, maintain and pay for general liability insurance coverage to insure the provisions of this paragraph. Section 10. Insurance 10.1 Workers' Compensation The Grant Consultant shall procure and maintain, during the life of this Contract, Worker's Compensation insurance as required by Florida Statutes, Chapter 440 for all of employees of the Grant Consultant engaged in work on the Project under this Contract or provide a certificate of exemption. 10.2 Insurance Policy Limits Grant Consultant shall procure and maintain insurance policies with at least the following coverage and amounts, during the life of this contract: 10.2.1: General Liability Insurance, in a combined single limit of $1,000,000.00 per occurrence, $2,000,000.00 aggregate. 10.2.2: Automobile Liability Insurance, in the amount of $100,000.00 per occurrence, $300,000.00 aggregate. 10.2.3: Grant Consultant Liability or Errors and Omissions Insurance, in a combined single limit of $1,000,000.00 aggregate. Page 6 The Grant Consultant shall furnish to the City, Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non - renewal. If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City fifteen (15) days prior to the renewal date. 10.4 City to be Named Additional Insured The plans and specifications and other contract documents to be prepared by Grant Consultant pursuant to this Contract shall require the insurance of liability of the person, firm or corporation which would, as contractor, perform the work described in such plans and specifications. The amounts of insurance shall be determined by the City. The City shall be named as "additional insured" with regard to the coverage of such policies of insurance. 10.5 Status of Claim. The Grant Consultant shall be responsible for keeping the City currently advised as to the status of any claims made for damages against the Grant Consultant resulting from services performed under this Contract. The Grant Consultant shall send notice of claims related to work under this Contract to the City. Copies of the notices shall be sent by fax, hand delivery or regular mail to: City Administrator, City of Okeechobee 55 SE 3`d Avenue Okeechobee, Florida 34974 Fax: (863) 763-1686 Section 11. Grant Consultant Standards 11.1 Other Agreements This Section Not Used. 11.2 Approvals Not Guaranteed All work performed by Grant Consultant will be in accordance with the highest Grant Consultant standards and in accordance with all applicable governmental regulations. However, Grant Consultant does not warrant or represent that any governmental approval will be obtained, only that the Grant Consultant will exercise its best efforts to obtain all such approvals contemplated under this Contract. 11.3 Governmental Regulations Grant Consultant shall assure that work performed under each project Page 7 Authorization shall be in accordance with all applicable governmental regulations. Section 12. Opinions of Cost Since the Grant Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding, or market conditions, any and all opinions as to costs rendered hereunder shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified Grant Consultant, familiar with the current market. The Grant Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If at any time the City wishes greater assurance as to the amount of any cost, the City shall employ an independent cost estimator to make such determination. Consulting services required to bring cost within any limitation established by the City will be paid for as additional service hereunder by the City. Section 13. General Conditions 13.1 Venue in Okeechobee County Venue for any lawsuit to enforce the terms and obligations of this Contract shall lie exclusively in the County Court or the Circuit Court in and for Okeechobee County, Florida. 13.2 Laws of Florida The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida. 13.3 Attorney's Fees and Costs In the event the Grant Consultant defaults in the performance of any of the terms, covenants and conditions of this Contract, the Grant Consultant agrees to pay all damages and costs incurred by the CITY in the enforcement of this Contract, including reasonable attorney's fees, court costs and all expenses, even if not taxable as court costs, including, without limitation, all such fees, costs and expenses incident to appeals incurred in such action or proceeding. 13.4 Mediation as Condition Precedent to Litigation Prior to the initiation of any litigation by the parties concerning this Contract, and as a condition precedent to initiating any litigation, the parties agree to first seek resolution of the dispute through non -binding Page 8 mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The party shall, by mutual agreement, select a mediator within 15 days of the date of the request for mediation. If the parties cannot agree on the selection of a mediator then the CITY shall select the mediator who, if selected solely by the CITY, shall be a mediator certified by the Supreme Court of Florida. The mediator's fee shall be paid in equal shares by each party to the mediation. 13.5 Contract Amendment No modification, amendment or alteration in the terms or conditions contained in this Contract shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. No verbal agreement by the CITY or the City's representative identified herein shall be binding or enforceable against the CITY. Section 14. CONSULTANT CONFLICT OF INTEREST The City, having been so advised by the Consultant, does hereby recognize that the Consultant has provided similar services in the past to other local governments and to area governmental bodies, and may be so engaged in a similar Project at this time or in the future. The parties agree that these Projects by the Consultant do not constitute a conflict of interest with the City's Project. The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2010). The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant shall promptly notify the City in writing by certified mail on all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance and the nature of work that the Consultant may undertake. The Consultant may request an opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Consultant. The City agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the City shall so state in the notification and Page 9 the Consultant shall, at his/her option, enter into said association. Section 15. CITY CONFLICT OF INTEREST No member of the governing body of the City, and no other public official, officer, employee or agent of the City, who exercises any function or responsibilities in connection with the planning and carrying out of the. program, shall have any personal financial interest, direct or indirect, in this Contract. The consultant shall take appropriate steps to ensure compliance. SECTION 16. EQUAL OPPORTUNITY The Consultant warrants that there shall be no discrimination against applicants for services under this Contract because of race, color, age, sex, religion, and national origin, place of birth, ancestry or handicap. SECTION 17. INDEPENDENT CONSULTANT RELATIONSHIP The Consultant is, and shall be in the performance of all work, services and activities under this Contract, an independent contractor, and not an employee, agent or servant of the City. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the City shall be that of an independent contractor, and not as employees of the City. The Consultant shall retain all records relating to this Contract for six (6) years after the City makes final payment and all other pending matters are closed. SECTION 18. RETENTION OF RECORDS The Consultant does not have the power or authority to bind the City in any promise, agreement or representation other than specifically provided for in this Contract or amendment thereto. SECTION 19. SEVERABILITY This Contract is severable. If any portion or section of this Contract is held invalid or unenforceable, this shall not render the remainder of the Contract unenforceable and the remainder of the Contract shall be deemed valid and enforceable to the extent permitted by law. SECTION 20. PUBLIC ENTITY CRIME The Consultant is in compliance with Section 287.133, Florida Statutes, (2010), for Public Entity Crimes, and has not been placed on the convicted vendors list within Page 10 the last thirty-six (36) months preceding the date of this Contract. Section 21. Exhibits The following Exhibits are attached to and made a part of this Contract: Exhibit A - Summary of Qualifications: as submitted by Grant Consultant and accepted by City Exhibit B - Original Request for Qualifications as issued by City, including all Addenda Exhibit C - Grant Consultant Rate Schedule Exhibit D- Insurance and Indemnification IN WITNESS WHEREOF, the CITY and the Grant Consultant have made and executed this Contract the day and year above written. ATTEST: CITY OF OKEECHOBEE In Lane Ga iotea, CIVIC, City Clerk Ja es E. Kirk, Mayor LAT & ASSOCIATES, LLC By: Witness Lillian A. Tomeu Managing Member Witness Page 11 l.T & ASSOCIATES, LLC Exhibit A CITY OF OKEECHOBEE Request for Qualification (RFQ 01-16) Grant Administration Services for FY 2016 Submitted by: LAT &/Associates, LLC Lillian A. Tomeu 5009 SE 42"d Trace Okeechobee, FL 34974 561-827-0919 LAT & ASSOCIATES, LLC SUMMARY A local government executive with more than twenty five years of national and international project management, in addition to ten years of municipal management experience in the areas of: • Grants development, submission and ongoing management • Project management construction/non-construction • Conflict resolution and dispute settlement • Transit implementation and oversight • Aviation Business Plan, Master Plan and funding RELEVANT MUNICIPAL GOVERNMENT EXPERIENCE Grants/Special Projects Manager, City of Belle Glade, FL 2008 to present Assistant City Manager, City of Belle Glade, FL 2007 to 2008 When first hired the mission of the position was to improve the quality of life and promote growth through economic diversification by providing transportation services that would transport citizens to jobs, and support the growth of existing businesses. The City needed to pursue grants that would fund the restoration of roads, attract visitors by totally restoring the Torry Island Marina and Campground and work with state agencies to attract industries able to reduce unemployment. Economic development was the paramount challenge for Belle Glade, a community of 19 nationalities, a population of 18,000 residents with an overwhelming percentage of unemployment. By 2008 it became clear that in order to acquire the necessary grant funding required for City projects, the Grants/Special Projects Manager title would be a better fit. Between fiscal year 2009 to December 2015 the City has successfully executed agreements totaling $18.5M between FDOT, FIND, & Palm Beach County, not counting the FDOT $2.5 million whose contracts have not been executed and an ARRA 2008 FDOT/MPO $3.5M road reconstruction, not included in the spreadsheet. Achievements: • Torry Island Marina: 2007 City & County Commission kicked off county funding for the North Marina Basin Project. New projects still ongoing with continued County support. • Update of City Comprehensive Plan with Kimley Horn, bringing City into compliance and finalized by end of 2008 • Torry Island Marina: 2008 City & FIND kicked off District funding for the South Marina Basin Project, with construction starting FY 2009 after design engineering. New projects still ongoing with continued FIND support. • Aviation: FY 2008 update of Aviation Master Plan, including new Business Plan. Sought land for airport expansion through Public Lands Division 2009 - 2014 unsuccessfully, due to land leases with PRIDE. Currently constructing new X10 runway with additional projects to enhance existing services 2015 through current. • Torry Island Locks Project funded by OTTED 2009, primary contact & support for consulting firm through Design Engineering phase. Documentation for design & most permits were acquired, but estimated $25M funding required for construction was unavailable during the recession period that followed. ACCION International, Inc. 2000 - 2005 (Relocated) Boston, Massachusetts Hired as Chief Information Officer, supported by previous years of experience with systems & programming, requiring project management and technical support of 35 international offices located primarily in Mexico, Central and Latin America. It was an extremely exciting and fulfilling position, with constant travel and the tremendous gratification of implementing advanced technologies. Project management and implementation in foreign countries greatly enhances and expands your knowledge due to the variety of technical equipment, and numerous cultural diversities you confront on a daily basis. January 22, 2016 561-827-0919 LILLIAN A. TOMEU 5009 SE 42No Trace, Okeechobee, FL 34974 c O O O O O m o m 00 O of o n to .i oa v* N r1 N N to mm coID tb V V to m Vf , I O p o O O O O O O O O N O O O O O CDO O O O- n O' p t\ to to m t0 oo O' m l0 � In fV N to O O O L? V OUi 1� N n O Ln N (rjoo O tt to N N N to m O. O O V N to �-/ V1 V? p .-1 to O to N a oo rce m ry m a to An to m F�1 C. M O to O O o U _ O c <A V? O r,N Qj lf� O O 1p O p tr N m W to m m m w � rT c3O O to O O m O Ln m uj Ol O V d - Ol M V ti avv _ O w Ocl. m m n r d. N l0 in O to in j M O _ m w O O O O ' M I n O i t0 41 N O O C) t0 m ^' m [OYl w _ (D O p m Ln oZS m m Q! O O C O Y p C O C t6 m t` O` i6 w =O � E. w n'f c O a a2S E o. m: cZi ii b 2 ` o cZS o ti N Y , °° m e c °° ` N o w Oi-n Yo . o CL Q w a - y .` m a o a w °� a ry m E E o O O N O u z to o a^ii'. c m u u a a` IN mum c c O A'S E m E N E to Y c2 ti w 'p a1 d V —v�i C > cL t r LL E N cc' w N QI lo Q. oU W N mu Q W to a0 u 2 Q d N Qir F- Q v L� lL LL V Zn :E0 r� \ tL d m : �} F' � cLu Q m a-1 C F M Q1 O 0 LL N �+ N W CO In Z m = pp W Ln J m Y J O J Public Entity Crime Statement: 287.133 Florida Statutes places the following restrictions on the ability of persons convicted of public entity crimes to transact business with the department: In accordance with 287.133 Florida Statutes a qualified professional or a firm acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal or reply on a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. AGENCY: LILLIAN A. TOMEU: LAT & ASSOCIATES. LLC Corporate filing - 600280786776 LAT & ASSOCIATES, LLC: DATE: 01/21/2016 on BELLE GLADE STATE MUNICIPAL AIRPORT MASTER PLAN UPDATE Prepared fora City of Belle Glade, Florida Prepared by: Kimley-Horn and Associates, Inc. In association with: Ricondo & Associates, Inc. December 2013 Exhibit B City of Okeechobee Request for Qualifications (RFQ 01-16) Grant Administration Services for FY 2016 The City of Okeechobee formally request proposals from qualified professional individuals or firms to provide Grant Administration Services for the following services: application and administration of grant funded projects, specifically to enhance and to improve the Centennial Park, the existing City boat ramp, and possible roadway improvements through the Florida Department of Transportation. Grant Administration .Services shall include, but not be limited to: compliance with all required reporting, preparing and reviewing applications, contractor verification, developing bid packages, overseeing bidding process, progress inspections, tracking overall grant progress in compliance with agency guidelines, providing technical assistance when necessary, preparation of amendments, coordination with any City's Citizens' Advisory Task Force, financial management, conducting environmental review and any other grant -required administration tasks requested by the City and/or funding agency. Procurement and contracting of all services shall conform to specific grant agency guidelines and state and federal regulations including 24 CFR, Part 85. The selection process shall be open to the public and records maintained in accordance with procurement requirements. The individual or firm must demonstrate competence in all areas outlined. The purpose of this RFQ is to engage a person or firm capable of performing program development activities, administrator services, planning for funding approval, document preparation, and administrative construction services for the current and possible subsequent fiscal years. Proposals shall be ranked and evaluated using the following criteria: Company Profile: Commencement Experience: Success: Scoring will emphasize management, organization, availability of staff, and level of local government services. 15 point maximum Scoring will emphasize ability to commence services and familiarity with FIND, FRDAP and FDOT regulations. 25 point maximum Scoring will emphasize direct program experience with a variety of programs including all aspects of FIND, FRDAP and FDOT projects. 30 point maximum Scoring will emphasize recent past history of awarded grants, specifically; grants awarded through FIND, FRDAP and FDOT. Providing awarded amounts and completed dates. 30 point maximum To facilitate effective evaluation by the City, proposals shall be limited to a total of two (2) pages. MBE/WBE/DBE certification(s), statement on Public Entity Crimes, other appendix documentation, sectional dividers, and front and back covers will not be counted toward the total. A letter of interest or executive summary, not to exceed one (1) additional page, may also be included in the proposal. Proposals that exceed this length will be considered non- responsive and will not be evaluated. The previous criteria are shown in the required format. For a proposal to be eligible, the format must be strictly followed. During this RFQ process, any intentional omissions, alterations, or false representations will be grounds for rejection of any proposal. The City of Okeechobee is an Equal Opportunity Employer. MBE/WBE/DBE businesses are encouraged to participate. Selected individual or firm must comply will all requirements of the City Code including but not limited to obtaining a Business Tax Receipt, providing Certificate of Insurance, including Errors and Omissions coverage listing the City as additional insured. Additionally, the selected firm or individual would be subject to statutory requirements to maintain all records that may be subject to the public record laws, including production of such records as requested by any firm or person, in the time and manner as required by law. In compliance with the Florida Sunshine Amendment and Code of Ethics, the City strictly enforces open and fair competition in its RFQ's. In accordance with Section 287.133, FS, a person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a proposal on a contract to provide services to a public entity. A public entity crimes statement is required. During the RFQ process, questions or requests for additional information shall be directed to Marcos MontesDeOca, City Administrator, City of Okeechobee, 55 SE 3`d Ave, Okeechobee, FL 34974 or 863-763-3372, ext. 212 or email mmontesdeoca(cr�,cityofokeechobee. com The City reserves the right to request clarification of any information submitted by proposers. The City, with suitable basis provided for by law, reserves the right to reject any and all individuals and or firms, and to waive any informalities or irregularities in the proposal process. Program contracts, either single or separate as required by each program, are subject to grant awards and release of funds by respective funding agencies. Consultants shall submit one original and five copies of their proposal to the City of Okeechobee in sealed packages and marked clearly on the outside: "RFQ 01-16, GRANT ADMINISTRATION SERVICES", no later than 2:00 p.m. on Friday, January 22, 2016. Qualification submittals should be delivered to: City of Okeechobee City Administration 55 SE 3`d Avenue, Rm #201 Okeechobee, Florida 34974 Late proposals will be returned unopened. Proposals will be opened as soon as possible after the submission deadline. Evaluation and selection will occur in accordance with the appropriate requirements at a time and place to be determined and advertised. At the discretion of the City, proposers may be asked to give a short presentation/interview as part of the selection process. The City of Okeechobee supports Equal Opportunity Employment, Fair Housing, Drug Free Workplace and Providing Handicapped Accessibility. James E. Kirk, Mayor City of Okeechobee ,LAT & ASSOCIATES, LLC Exhibit C EXHIBIT C— GRANT CONSULTANT RATE SCHEDULE As per the Agreement For Grant Administration Service (Contract) between City of Okeechobee (City) and LAT & Associates, LLC (Grant Consultant), services will follow the Contract's descriptive on Section 2. Compensation and Method of Payment. Note: Request for Consideration from the Office of the City Administrator of work performed by Grant Consultant prior to the ratification of this contract, since grant opportunities desired by the City preceded the date of this agreement. Rate Schedule for the first year's grant authorization submissions will be discussed with the City Administrator in order to build a more accurate cost schedule for annual grants. Prior discussions of grants reviewed to date with City Administrator, have provided a base for the following rates: Base Hourly Rate for Grant Consultant: $105.00 per hour (i.e. meetings such as Commission, Citizens' Task Force, Community Organizations, and/or additional assistance or services requested). Base Grant Rate for Grant Consultant: Grant Consultant will provide a lesser rate, lowering the overall cost according to the number of hours. Base Rate for Grant preparation/submission/presentation that require 45 to 55 hours $4,550.00 Example: SFWMD, County, FDOT submission (April/May_2016) Base Rate for Grant preparation/submission/presentation that require 55 to 65 hours $5,550.00 Example: FBIP/ FRDAP submission (Feb/March/July_2016) Base Rate for many of the Federal Grants would require review and discussion with Office of the City Administrator prior to submission of Request for Authorization. New or Additional services are always considered and appreciated. 5009 SE 42"d Trace Okeechobee, FL 34974 Itomeu@netzero.com Mobile: 561-827-0919 ian A. Tomeu, LAT & Associates, LLC A� ® CERTIFICATE OF LIABILITY INSURANCE LXnlblt U DATE(MM/DD/YYYY) 6/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject- to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Milton Carpenter Insurance, Inc. 135 S. E. Avenue C P.O. BOX 1270 Belle Glade FL 33430 CONTACT TOn a Stamm NAME: y PHONE (561) 996-7211 NC No: (561)996-2601 E-MAIL ADDRESS: tony a@miltonca enterins.com INSURERS AFFORDING COVERAGE NAIC p INSURERA:Southern Owners Insurance INSURED LAT & Associates, LLC 5009 SE 42nd Terrace Okeechobee FL 34974 INSURER 13 Western World Insurance Co INSURERCAutO Owners Insurance INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:CL1662800115 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IlTR TYPE OF INSURANCE IINOLSUBR D WVD POLICYNUMBER MMIDDYffYW MMIDDY/ YXYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS -MADE ❑X OCCUR DAMAGE TO R N PREMISES Ea occurrence S 300,000 MED EXP (Any one person) S 10,000 X 72772261 6/24/2016 6/24/2017 PERSONAL & ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 JECT POLICY ❑ PRO- ❑ LOC i PRODUCTS -COMP/OPAGG S 2,000,000 S OTHER: AUTOMOBILE LIABILITY COMBEaacINEDcident SINGLE LIMIT S 250,000 BODILY INJURY (Per person) S O ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS X 5077226100 6/24/2016 6/24/2017 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE Per accident S NON -OWNED HIRED AUTOS AUTOS S UMBRELLA LIAB L OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT _ S OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S l yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability X NPP8321482 6/24/2016 6/24/2017 Aggregate Limit $1,000,000 Each Claim Limit $1 , 000 , 0 00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) City of Okeechobee is listed as an additional insured in regards to the general liability, commercial auto liability, and the professional liability. CERTIFICATE HOLDER CANCELLATION (863)763-1686 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Okeechobee 55 SE Third Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Okeechobee, FL 34974 AUTHORIZED REPRESENTATIVE Peggy Y Brad /TS,4r ACORD 25 (2014/01) INS02512014011 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit 13 Robin Brock July 19, 2016 From: Sue Christopher Sent: Tuesday, July 12, 2016 10:33 AM To: Robin Brock Subject: Agenda Item Case #14-073 Nationstar Mortgage LLC 1002 NW 2"d Street Lots: 19 & 20 Blk: 25 Parcel: 3-16-37-35-0160-00250-0190 On June 14, 2016 the Code Enforcement Board made a recommendation to have City Council consider foreclosure on Nationstar Mortgage LLC at 1002 NW 2"d Street. According to Code Officer Sterling the property has not been maintained for approximately two years and is very overgrown. The property owner has been notified by certified mail several times, but has not responded. The fine began on January 14, 2015 and is accruing at $25.00 per day. City of Okeechobee Memo Date: for July 19, 2016 meeting TO: Mayor and City Council FR: Admin Marcos Montes De Oca and Finance Dept RE: PRM Group Health Insurance Group Health: The City's current premium structure: Employee Only $ 649.66 Empl & Spouse $1,621.94 Empl & child(ren) $1,296.92 Empl Family $2,068.76 Exhibit 14 July 1.9, 2016 The City has had another year of large payout of benefits for our employees and dependents. ($172.00 paid out for every $100.00 premium). As per the bylaws of the PRM group the maximum premiums will increase 6% over the Group. The Group (PRM members) experience base rating is @ a 9% increase effective 10/1/16. Therefore, the current PPO 3748 plan premium increase for this fiscal year is a 14.1 %, or a $66,140 increase. After detailed review of other offered plans to minimize the City's increase in cost, the cost savings would be directly shifted to the employee by an increase in co -pays, deductibles and/or major provider list changes or by switching to an HMO product. Conclusions: Continue to provide the existing insurance plan PPO 03748 to employees, with the City contributing $100% premium for the employee. Currently the City has provided $70.00 per month towards dependent HI premiums. Due to the substantial increases in cost to the employee the suggestion is to amend the amount to $150 per month. (Add'I cost $7,560) 2016/2017 Premium for PP003748 City Cost Deduction Premium Per Employee per per Employee Month Pay Check Employee Only $741.52 $741.52 $0.00 Add] for Spouse $1,109.76 $150.00 $442.95 Add] for Child(ren) 738.74 $150.00 $271.73 Add] for Family $1,619.76 $150.00 $678.35 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax Exhibit 15 July 19, 2016 '19IS City Council Agenda: July 19, 2016 Agenda Item Proposed Motion 1: Approval of maximum millage rate for advertisement for 2016 Tax notices, in the amount of 8.9932 for fiscal year 2016-2017. Proposed Motion 2: Approval of 2016/2017 Budget Preparation and Millage Calendar setting workshop(s) to be held August 16, 2016 at 5:00pm, First Public Hearing September 6, 2016 at 6:00 pm, and Final Public Hearing September 20, 2016 at 6:00 pm, all to be held in Council Chambers at 55 SE 3"d Avenue, Okeechobee, Florida. Background: This proposed rate of 8.9932 is the prior year rate plus 1 mill. Millage application based on July 1, 2016 Certification of Taxable Value Total Taxable FY Value 97%* 2015/2016 Budgeted 2015/2016 Taxable Value: $242,725,426 $235,443,663 $233,814,350 2016/2017 Same property Values: $247,837,307 $240,402,187 (Values w/o New Construction) Increase in same $5,111,881 $4,958,524 properties 2.1 % 2.1 % 2015/2016 Millage Rate 7.9932 generated Ad $1,940,152 $1,881,948 $1,868,924 Valorem Revenue 2016/2017 Rollback/Rollforward $1,940,144 $1,881,940 Millage Rate, 7.8283 (w/o New Construction) 2016/2017 Rollback/Rollforward Millage Rate, w/CPI $2,012,909 $1,952,522 8.1219 (w/o New Construction) 2015/2016 Millage Rate $2,228,850 $2,161,984 plus I mill, 8.9932 Ad Valorem Revenue with $2,244,140 $2,176,815 New Construction *97%ofTaxable Values used within the budget. **CPI per Florida Statute Exhibit 16 July 19, 2106 PROPOSED BUDGET CALENDAR FISCAL YEAR 2016/2017 07/01/2016 Certification from Property Appraiser 07/19/2016 Set date, time and place for public hearings and set maximum millage rate for tentative budget (regular council meeting) 08/16/2016 Budget Workshop, 5:00 pm (regular council meeting) 08/23/2016 Fire Assessment Hearing, 6:00 pm 09/06/16 First Public Hearing at 6:00 pm (Regular Council Mtg.) 09/20/16 Final Public Hearing at 6:00 pm (Regular Council Mtg.) All meetings to be held: Council Chambers at City Hall 55 SE 3" d Avenue Okeechobee, FL 34974