1999-04-06CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
CALL TO ORDER: - Mayor:
April 6, 1999, City Council Regular Meeting, 12 o'clock noon.
II. OPENING CEREMONIES: Invocation offered by Reverend Jim Hudson
Pledge of Allegiance led by Mayor Kirk.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E, Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Robert J. Bradshaw
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
Mayor Kirk called the April 6, 1999 Regular City Council Meeting to order at 12 o'clock noon.
Reverend Jim Hudson offered the invocation;
Mayor Kirk led the pledge of allegiance.
Clerk Thomas called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
PAGE 1 OF 7
IV. AGENDA - Mayor.
A. Request for additions, deferrals or withdrawal of items on today's Mayor Kirk added a Proclamation to be presented if the representatives arrive and under new business he added a
agenda. Ninety day Extension Agreement with Adelphia Cable. The Mayor then asked whether anyone else have any additions,
deferral's or withdrawal's of items on today's agenda. None were stated.
V. NEW BUSINESS.
A. 1. a) Motion to read by title only and set April 20,1999 as a public Council Member Watford moved to read by title only and set April 20, 1999 as a public hearing date for proposed
hearing date for proposed Ordinance No. 728, Rezoning Lots 1 to Ordinance No. 728, Rezoning Lots 1 to 12 in Bock 71, City of Okeechobee from Residential General 2 (RG-2) to
12 in Bock 71, City of Okeechobee from Residential General 2 Industrial (1); seconded by Council Member Markham.
(RG-2) to Industrial (1) - City Attorney (Exhibit 1).
APRIL 6,1999 - REGULAR MEETING - PAGE 2 OF 7
V. NEW BUSINESS CONTINUED.
A.1. b) Vote on motion to read by title only and set public hearing date.
A.1. c) City Attorney to read proposed Ordinance by title only
VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 728 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM RG-2, MULTI -FAMILY RESIDENTIAL DISTRICT TO I, INDUSTRIAL DISTRICT, AMENDING
THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILTTY AND AN EFFECTIVE DATE".
A. 2. a) Motion to approve the first reading of proposed Ordinance No. 728• III Council Member Watford moved to approve the first reading of proposed Ordinance No. 728; seconded by Council
Member Oliver.
A. 2. b) Discussion. Discussion: Council discussed the exact location and what was located around the property. Attorney Cook advised
the only objection to the rezoning was relayed by telephone message. Leon and Caroline Myers owns the duplex across
the street and they were concerned about the type of fencing between this project and theirs. The Board considered
that, and was assured that as part of the permit and planning process. An appropriate shrub, buffer, hedge or fence of
some type would be there to sort of divide the two uses. The application was not specific as to what type of industrial
business was proposed for the site. Council had already approved an Industrial Future Land Use Designation on this
property in the past, approving this rezoning petition would make both maps consistent.
A. 2. c) vote on Motion. VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
APRIL 6,1999 - REGULAR MEETING - PAGE 3 OF 7
V.
___j
NEW BUSINESS CONTINUED.
B. Approval of Informal Discussion with Adelphia - City Attorney
(Exhibit 4).
Attorney Cook addressed the Council stating he was not an expert on the Communications Act, but that he was familiar
with it There is a window, in which the City could negotiate with Adelphia (Cable Company) for renewal of the franchise
agreement that expires in 2001. He and Administrator Bradshaw had met with Mr. LaCroix (Manager for Time Warner,
previous owner of cable company) who indicated they would be happy to start (the renegotiations) and then Mr. LaCroix
left and Attorney Cook had not heard anything. He wrote the cable company a letter under the federal act after doing
some research, and discovered that the City could initiate the process and set the time deadlines. He did that for March
31 s.
The primary reason he did this was the federal legislation that controlled rates on cable television expired March 31"
so there is no longer federal controls over rates. In discussing that with Adelphia's attorney in Washington, DC, they
of coarse indicated that that does not mean rates are going to go up, but that remains to be seen. What he did was
initiate the formal process where public hearings are conducted, see how they perform, see what the community wants.
What this letter does, is say that the City is not waving that demand, but we are going to commence discussions on an
informal basis, which is permitted under Section 626 of the Act. They will then present a draft franchise agreement, we
would review it, suggest changes, it will go back and forth. We will probably have to do a workshop on it someday within
the next couple of months.
There are some things the City can insist on, one thing he and the Administrator learned was the City's old franchise
calls for 3 percent revenues and under the statutes the City can get up to 5 percent, so its going to be an increase in
revenue. What this does is initiate the informal process and if that does not work, upon ninety days notice the City an
go back and demand the formal process. It does not hurt the City at all and it will speed the renegotiation of the
franchise.
Council Member Watford moved to approve the letter of March 30,1999 with Adelphia in regards to negotiating
the franchise agreement; seconded by Council Member Oliver.
Discussion: None.
VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
APRIL 6,1999 - REGULAR MEETING - PAGE 4 OF 7
VI. CONSENT AGENDA.
A. Motion to approve the Consent Agenda. (Council or Administrator may
request to remove any item from the Consent Agenda for discussion or tabling
purposes).
1. Summary of Council Action for March 16,1999 Regular
Meeting.
2. February 1999 Warrant Registers in the amounts for
General Fund $570,484.63 and for Public Facilities
Improvement Fund $10,513.34.
Mayor Kirk began by stating, as you noticed the agenda is a little different this time and this was not an attempt to
change the procedures without the Council's input but by this being done, you can see what it would look like and
see if this is the kind of thing you want to do in the future. Keeping in mind that you can pull any item from this for
discussion prior to the consent agenda being approved. Council discussed the feasibility of the implementing the
consent agenda. The consensus of the Council was not to implement the consent agenda at this time and they
would address the items one at a time.
Council Member Chandler moved to approve the Summary of Council Action for March 16,1999 Regular Meeting;
seconded by Council Member Oliver.
Discussion: None.
VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
Council Member Watford moved to approved the February 1999 Warrant Registers in the amounts for General
Fund five hundred seventy thousand, four hundred eighty-four dollars, sixty-three cents ($570,484.63) and for
Public Facilities Improvement Fund ten thousand, five hundred thirteen dollars, thirty-four cents ($10,513.34);
seconded by Council Member Markham.
Discussion: None.
VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
._J
APRIL 6,1999 - REGULAR MEETING - PAGE 5 OF 7
VI. CONSENT AGENDA CONTINUED.
A. 3. Appoint Alternate Members to the Code Enforcement Council Member Watford moved to appoint Alternate Members to the Code Enforcement Board, Lori Blair beginning
Board, Lori Blair beginning May 1, 1999 and ending April May 1, 1999 and ending April 30, 2001 and Jamie Gamiotea term beginning May 1, 1999 and engin April 30, 2002;
30, 2001 and Jamie Gamiotea term beginning May 1, 1999 seconded by Council Member Markham.
and engin April 30, 2002 - (Exhibit 2).
Discussion: Council Member Watford stated that he noticed one of the applicants was one we had from before and
one was recently submitted. He asked if there were other applications from the other process that indicated they wanted
to be on this board? Clerk Thomas responded that all the applicants were contacted and Ms. Blair was the only one who
desired to serve on the Code Enforcement Board.
VOTE
KIRK - YES
CHANDLER -YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
4. Award a Phone System Bid to CIVIL Communications in the Council Member Oliver moved to award a Phone System Bid to CIVIL Communications in the amount of ten thousand,
amount of $10,020.50 - (Exhibit 3). 11 twenty dollars, fifty cents ($10,020.50); seconded by Council Member Chandler.
Discussion: Council Member Watford noted the bid price was under the amount budgeted. He then asked what phones
was this replacing? Administrator Bradshaw replied it was all the phones in City Hall, the basic strategy is probably not
to hire another person at this time but use this as the key board operator.
Mayor Kirk asked if there was voice mail at each station. Council Member Watford commented, so when we make this
decision then, this is the decision to do that. Council Member Markham asked if the new system could transfer calls to
the police and fire departments. Discussion ensued. Mayor Kirk stated to the Administrator it is clear from
discussion that the motion is contingent upon the fact that we can expand this system to tie in with the police
and fire department buildings to transfer calls.
VI. CONSENT AGENDA CONTINUED.
4. Award a Phone System Bid to CIVIL Communications in the
amount of $10,020.50 continued.
VII. PRESENTATION OF PROCLAMATION - Mayor.
A. Proclaim April 14, 1999 as "Kick Butt Day"
APRIL 6,1999 - REGULAR MEETING - PAGE 6 OF 7
VOTE
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
Mayor Kirk read the following proclamation in its entirety and presented it to Pat Grant:
WHEREAS, teen smoking is on the rise and smoking among high school seniors is at a 19-year high; and WHEREAS,
4.5 million kids aged 12 -17 are current smokers and more than 3,000 additional kids become regular smokers each
day; and WHEREAS, the Centers for Disease Control predicts more than 5 million children under age 18 alive today
will die prematurely from smoking -related diseases unless current trends are reversed; and WHEREAS, smoking -
related illnesses already kill roughly 400,000 Americans each year, representing more deaths than from AIDS, alcohol,
car accidents, murders, suicides, drugs and fires combined, and WHEREAS, most of these deaths could have been
prevented; and WHEREAS, the children of the City of Okeechobee will no longer tolerate the tobacco indusbys efforts
manipulate them into buying lethal and additive products through insidious advertising campaigns; and WHEREAS, the
Mayor of Okeechobee wishes to stand up with the children of this City in opposition to the advertising and marketing
of tobacco products to children; NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as
Mayor of the City of Okeechobee, Florida, do hereby proclaim April 14, 1999 as "KICK BUTTS DAY" in Okeechobee.
Mrs. Grant received the proclamation on behalf of the Yearling Middle School "Club SWAT" (Students Working Against
Tobacco). They are the largest SWAT club in the Sate of Florida with two hundred ninety-six students. She announced
and invited everyone to attend a "Dump Date" on April 14, 1999 at 7:00 p.m. at the school to show students in
Okeechobee are against Tobacco, you must bring something with you to put in and dump.
APRILb, 1999 - REGULAR MEETING - PAGE 7 OF 7
poi
IX. ADJOURN REGULAR MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision made
by the City Council with respect to any matter considered at this meeting, he/she may need to
insure that a verbatim record of the proceeding is made, which record includes the testimony and
evidence upon which the appeal is to be based.
i.l P
t.
JAMES E. KIRK
MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 12:40 p.m.
s
-1
I
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING
HANDWRITTEN MINUTES
(,
I. CALL TO ORDER: called the. 1999 Citv Council Reaular Meetina, to order at
II. OPENING CEREMONIES: Invocation offered by J '
Pledge of Allegiance led by
III. MAYOR, COUNCIL AND STAFF ATTENDANCE 31- -_.� _
PRESENT ABSENT
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
v
Council Member Robert Oliver
v
Council Member Dowling R. Watford, Jr.
�.
City Attorney John R. Cook
L
City Administrator Robert J. Bradshaw
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
L
IV. AGENDA - Mayor.
A. Request for additions, deferrals or withdrawal of items on today's agenda. Q
u4-�c
Item added to the agenda: Presentation of a Proclamation - Mayor.Q�,`
ca1Z �.
WHEREAS, teen smoking is on the rise and smoking among high school seniors is at a 19-year high; and
WHEREAS, 4.5 million kids aged 12 - 17 are current smokers and more than 3,000 additional kids become regular
smokers each day; and WHEREAS, the Centers for Disease Control predicts more than 5 million children under
age 18 alive today will die prematurely from smoking -related diseases unless current trends are reversed; and
WHEREAS, smoking -related illnesses already kill roughly 400,000 Americans each year, representing more deaths
than from AIDS, alcohol, car accidents, murders, suicides, drugs and fires combined, and WHEREAS, most of
these deaths could have been prevented; and WHEREAS, the children of the City of Okeechobee will no longer
tolerate the tobacco industry's efforts manipulate them into buying lethal and additive products through insidious
advertising campaigns; and WHEREAS, the Mayor of Okeechobee wishes to stand up with the children of this City
in opposition to the advertising and marketing of tobacco products to children; NOW THEREFORE, I, James E.
Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim
April 14, 1999 as "KICK BUTTS DAY" in Okeechobee.
V. NEW BUSINESS.
A.1. a) Council Member moved to read by title only and set April 20, 1999 as a public
hearing date for proposed Ordinance No. 728, Rezoning Lots 1 to 12 in Block 71, City of
Okeechobee from Residential Genero' (G-2) to Industrial (1) - City Attorney (Exhibit 1);
seconded by Council Member
b) Vote on motion to read by titre
only and set public hearing
date.
c) Attorney Cook read proposed
Ordinance by title only as
follows: "AN ORDINANCE OF
THE CITY OF
OKEECHOBEE, FLORIDA
AMENDING THE OFFICIAL
ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM RG-2, MULTI -FAMILY RESIDENTIAL
DISTRICT TO I, INDUSTRIAL DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY,
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
Summary of Council Action for the March 16, 1999 Regular Meeting.
February 1999 Warrant Registers in the amounts for Generaand $570,48 . nd for
Public Facilities Improvement Fund $10,513.34.j' lbd �h
2. a) Council Member move , appr ve the first reading of proposed Ordinance No.
728; seconded by Council Member STC,
B. Item Added to Agenda - Attorney Cook (Exhibit 4) - Adelphia Agreement.
VI. CONSENT AGENDA.
Request for items to be removed from the consent agenda (if any)
A. Council Member moved to approve the Consent Agenda. (Council or Administrator may
request to remove any item from the Consent Agenda for discussion or tabling purposes); seconded by Council
Member
1.
2.
3.
4.
Discussion on items removed from the consent agenda, if any: -77
r
VII. ADJOURN REGULAR MEETING - Mayor > Z ' Y 0
The Okeechobt News
P.O. Box 639, Okeechobee, Florida 34973
(941) 763-3134
Published Daily
STATE OF FLORMA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
in the matter of
0 c�oh,ee
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
4-1
Afflant 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.
Sworn o d su d before me this
day of r� %" - / ' D. 19
Notary Public, State of Florida at Large **�''�' E°t0" Ce715eoa
n,..,.+ Expires Mardi 31, 2002
+#�0 f pKEEc1�'
0 : CITY OF OKEECHOBEE
++,��, r,
REGULAR CITY COUNCIL MEETING
= �
OFFICIAL AGENDA
I. CALL TO ORDER: - Mayor.
April 6, 1999, City Council Regular Meeting, 12 o'clock.
II. OPENING CEREMONIES: Invocation offered by Reverend Jim Hudson;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Robert J. Bradshaw
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
IV. AGENDA - Mayor.
A. Request for additions, deferrals or withdrawal of items on today's agenda.
V. NEW BUSINESS.
A. 1. a) Motion to read by title only and set April 20, 1999 as a publics hearing
date for proposed Ordinance No. 728, Rezoning Lots 1 to 12 ! in Block
71, City of Okeechobee from Residential General 2 (RG-2) to Indus-
trial (I) - City Attorney (Exhibit 1).
b) Vote on motion to read by title only and set public hearing Nate.
c) City Attorney reads proposed Ordinance by title only.
2. a) Motion to approve the first reading of proposed Ordinance No. 728.
April 6, 1999 City Council Agenda Page 1 of 2
• •
V. NEW BUSINESS CONTINUED.
A. 2. b) Discussion.
c) Vote on motion.
VI. CONSENT AGENDA.
A. Motion to approve the Consent Agenda. (Council or Administrator may request to
remove any item from the Consent Agenda for discussion or tabling purposes)
1. Summary of Council Action for the March 16, 1999 Regular Meeting.
2. February 1999 Warrant Registers in the amounts for General Fund
$570,484.63 and for Public Facilities Improvement Fund $10,513.34.
3. Appoint Alternate Members to the Code Enforcement Board, Lori
Blair beginning May 1, 1999 and ending April 30, 2001 and Jamie
Gamiotea term beginning May 1, 1999 and ending April 30, 2002 -
(Exhibit 2).
4. Award a Phone System Bid to CML Communications in the amount
of $10,020.50 (Exhibit 3).
VII. ADJOURN REGULAR MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made
by the City Council with respect to any matter considered at this proceeding, such interested person
will need a record of the proceedings, and for such purpose may need to ensure a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the
Clerk.
April 6, 1999 City Council Agenda Page 2 of 2
. EXHIBIT 1-
APRIL 6 AGENDA
ORDINANCE NO. 728
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY
REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM RG2, MULTI -FAMILY RESIDENTIAL
DISTRICT TO I, INDUSTRIAL DISTRICT, AMENDING THE ZONING
MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owner of the property more particularly described hereafter, has heretofore
filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the
purpose of rezoning a certain tract of land consisting of approximately two (2 acre(s), said land being
more particularly described hereinafter, from RG-2, Multi -family Residential District to I, Industrial
District, which requests that this approximately two (2) acre(s) tract be removed from the boundaries
of the above mentioned zone to allow for the processing of the rezoning application; and
WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive
Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning
Map as hereinafter set forth:
that:
Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida
SECTION 1. LEGAL DESCRIPTION
The following described land, located in the City of Okeechobee, to -wit:
Lots 1 to 12, inclusive Block 71, CITY OF OKEECHOBEE,
according to the Plat thereof recorded in Plat Book 1, Page 10, Public
Records of Okeechobee, Florida.
SECTION 2. ZONING MAP AMENDMENT
That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
SECTION 3. CONFLICT
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY
If any provision or portion of this ordinance is declared by any court of
competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force
and effect.
Page 1 of 2
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its passage.
Introduced for first reading and set for final public hearing on this 6' day of April, 1999.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
Passed and adopted after second reading and final public hearing this 20' day of April,
1999.
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 2 of 2
CITY OF OKEECHOBEE
PLANNING BOARD MEETING
SUMMARY OF BOARD ACTION
1. CALL TO ORDER: Planning Board, of March 23, 1999, 7:00 p.m
• II. CHAIRMAN, MEMBER AND STAFF ATTENDANCE
Chairperson Jerry Walker
Board Member Dawn Hoover
Board Member Thomas Keller
Board Member William Ledfred
Board Member Christopher Mavroides
Board Member Douglas McCoy
Board Member Frank Mueller
Alternate Daniel Creech
Alternate Sandra Jones
Attorney John R. Cook
Secretary Beatrice Castorina
IV. NEW BUSINESS.
• A. Consider Application 99-001-R Owner Monica Harden
Applicant David Goolsby request to rezone Lots 1 thru 12,
of Block 71 City of Okeechobee from Residential Multi -Family
(RG-2) to Industrial (1). Property is located at NW 7th Avenue
and NW 6th Street all of the block.
1 of 2
Chairperson Walker called the March 23, 1999, Planning Board Meeting to order at 7:00 P.M.
Present
Present
Present
Present
Present
Absent
Present
Absent
Present
Present
Present
Application No. 99-001 R was completed by David Goolsby for Owner Monica Harden. The
request is to rezone Lots 1 thru 12, Block 71, City from Residential Multi -Family to Industrial.
The subject property appears to be consistent with the higher intensity uses because of its
proximity to the railroad The Industrial zoning classification word not create an isolated district
and will not have an adverse impact on the nearby industrial and public uses. The property
is designated Industrial on the adopted Future Land Use Map and is consistent with the
Comprehensive Plan.
Leon & Carolyn Myers called and wanted to be on record that they opposed to the rezoning.
IV. NEW BUSINESS CONTINUED.
A. Consider Application 99-001-R continued.
V. ADJOURNMENT - Chairperson
Pease TAKE Nonce AND BE ADvism that if a person decides to appeal any decision made by the
Planning Board/Board of Adjustment with respect to any matter considered at this meeting,
he/she may need to insure that a verbatim record of the proceeding is made, which record
includes the testimony and evidence upon which the appeal is to be based. A tape recording
of this meeting is on file in the City Clerk's Office.
Jerry Walker, Chairperson
ATTEST:
Beatrice Castorina, Secretary
March 23, 1999 PaRe 2 of 2
After discussion Member Hoover moved to change this property from Residential Multi -Family
to Industrial based on the findings contained in the Planning Consultant's report, second by
Member Keller.
Walker - Yes
Hoover - Yes
Keller - Yes
Ledfred - Yes
Mavroides - Yes
Jones - Yes -- Alternate Jones replaced Member McCoy for tonight's meeting.
Muellelr - Present
Motion carried
There being no further items on the agenda. Chairperson Walker adjourned the March 23,
1999 Planning Board meeting at 7:30 P.M
•
0
STAFF REPORT
ZONING CHANGE REQUEST
MULTI -FAMILY (RG-2) TO INDUSTRIAL (I)
CITY OF OKEECHOBEE
Petition No.
Applicant:
Legal Description of Subject
Property:
99-001-R
Monica D. Harden, Owner,
David E. Goolsby, Agent and Realtor
Lots 1 to 12, inclusive Block 71, CITY OF OKEECHOBEE,
according to the Plat thereof recorded in Plat Book 1, Page
10, Public Records of Okeechobee, Florida.
Item before the Council: The matter for consideration by the City Council and the
Land Planning Agency is an application by Monica. D.
Harden, Owner and David E. Goolsby, Agent/Realtor, for a
change in zoning, for the above described property, from
Residential Multi -Family (RG-2) to Industrial (I).
Background: The subject property is approximately 2 acres. Property
boundaries are as follows: NW 7' Street to the north, NW
6' Street to the south, NW 7' Avenue to the west, and NW
6' Avenue to the east. The existing surrounding uses include
vacant land to the north, the County jail to the south, a few
single family residential homes to the east, and Sprint United
Telephone Company to the west. Most of the roads are
improved with the exception of NW 7' Avenue.
Approximately two years ago, the owner requested a land
use amendment on the subject property from Multi -family to
Industrial. The application at the time qualified as a "Small -
Scale Amendment" and was approved as such.
Consistency with Land When recommending whether to rezone a classification of
Development Regulations: land, the factors that the Planning Board shall consider
include, where applicable, whether or not:
The Proposed Change Is Contrary to the Established
Land Use Pattern.
The established land use patterns include industrial,
public, and residential uses. The subject property
appears to be consistent with the higher intensity uses
because of its proximity to the railroad.
-1-
Staff Report
Petition No. 99-001-R
2. The Proposed Change Would Create an Isolated
District Unrelated to Adjacent and Nearby Districts.
The Industrial zoning classification would not create
an isolated district. In fact, the property immediately
west of the subject property is zoned Industrial. By
amending the zoning, this would allow for further
consistency with the established development pattern.
The Proposed Change would materially alter the
population density pattern and thereby increase or
overtax the load on public facilities such as schools,
utilities, streets, etc.
The proposed change would not have an impact on
the population density or surrounding schools. Level
of Service (LOS) capacities were calculated for
public utilities and were found to be adequate to
serve the development when built. As stated earlier
most of the streets are improved with the exception
of NW 7d` Avenue. Therefore, as part of the
development review process, the applicant may be
required to participate in the improvement of 7'
Avenue, if the proposed development causes the
adopted LOS to drop.
4. Existing District Boundaries Are Illogically Drawn
in Relation to Existing Conditions on the Property
Proposed for Change.
The existing district boundaries are not illogically
drawn.
5. The Proposed Change Would Be Contrary to the
Proposed Land Use Plan and Would Have an
Adverse Effect on the Comprehensive Plan.
The proposed change is consistent with the Future
Land Use Map (FLUM). The applicant amended the
FLUM two years ago to ensure consistency
-2-
s
Staff Report
Petition No. 99-001-R
6. Changed or Changing Conditions Make the Passage
of the Proposed Amendment Necessary.
The City of Okeechobee is experiencing growth and
the FLUM for the City indicates that much of the
industrial development is to occur along the railroad.
As the City continues to grow it will be necessary to
make zoning changes to accommodate the industrial
growth that is compatible with uses in the
surrounding area. Therefore, it is logical that the
subject property is proposing industrial development
adjacent to properties currently classified as
industrial.
7. The Proposed Change Will Adversely Influence
Living Conditions in the Neighborhood
The proposed change will not have an adverse impact
on the nearby industrial and public uses. It may have
an impact on the adjacent residential uses. To
minimize the impact to residential properties, the
applicant will be required to meet the non-residential
landscape buffer standards.
8. The Proposed Change Will Create or Excessively
Increase Traffic Congestion or Otherwise Affect
Public Safety.
The proposed change and subsequent uses on the
property can be designed to allow proper ingress and
egress onto NW 7a' Street and NW a Street.
9. The Proposed Change Will Create a Drainage
Problem.
The proposed zoning change and subsequent
development will not create a drainage problem. The
site has adequate drainage.
10. The Proposed Change Will Seriously Reduce Light
and Air to Adjacent Areas.
Required buffering will not reduce light or air to
adjacent properties.
-3-
Staff Report
Petition No. 99-001-R
11. The Proposed Change Will Adversely Affect
Property Values in the Adjacent Area.
The proposed change will not adversely affect
property values in the area.
12. The Proposed Change Will Be a Deterrent to the
Improvement or Developed of Adjacent Property in
Accord with Existing Regulations.
Since the property is located in an area suitable for
industrial uses, there will be no negative impact on
similarly zoned properties. For the existing
residentially zoned properties landscape buffers will
be required.
13. The Proposed Change Will Constitute a Grant of
Special Privilege to an Individual Owner as
Contrasted with the Public Welfare.
The proposed change will not grant a special
privilege to an individual owner as contrasted with
public welfare. The size of the proposed change
along with the existing site plan regulations can
ensure that the public welfare is not diminished.
14. There Are Substantial Reasons Why the Property
Cannot Be Used in Accord with Existing Zoning.
The existing zoning would not allow the proposed
use as desired by the property holder so the rezoning
is necessary.
15. Whether the Change Suggested Is Out of Scale with
the Needs of the Neighborhood or the City.
The proposed change is not out of scale with the
needs of the City.
16. It Is Impossible to Find Other Adequate Sites in the
City for the Proposed Use in Districts Already
Permitting Such Use.
The proposed change is necessary to allow industrial
development as proposed.
-4-
0
•
Staff Report
Petition No. 99-001-R
Consistency with The subject property is designated Industrial on the adopted
Comprehensive Plan: City of Okeechobee Future Land Use Map. As such, the
proposed use is consistent with the Comprehensive Plan.
Assessment and Conclusions: Based upon the above zoning criteria being met, the
rezoning request should be recommended as it is consistent
with the existing Comprehensive Plan.
Submitted by:
James G. LaRue, AICP
Planning Consultant
-5-
DAVID E. GOOLSBY
Realtor
January 29, 1999
City of Okeechobee
General Services Department
55 SE Third Avenue
Okeechobee, FL 34974
Office: (941) 763-5588
Fax: (941) 763-2219
RE: Zoning Change from RGII to Industrial of Lots 1-12, Block 71, City of
Okeechobee ... 3-15-37-35-0010-00710-0010
Dear Bea:
Please find attached a Re -Zoning application and check for the above mention
property.
The property is located along NW 6 h Street and 6 h Avenue (just off the railroad
track). The property is vacant with industrial vacant land to the North and West, County
Building to the South. There are some RSF homes and a duplex to the East.
A list of property owners within 300 feet of the subject is attached.
If you have any questions or I can provide anything to help expedite this, please
do not hesitate to call me at your convenience.
Sincerely,
4�w
David E. Goolsby, BROKER
4251 Highway 441 South e Okeechobee, Florida 34974
CITY OF OKEECHOBEE
General Services Department
55 SE Third Avenue
Okeechobee, FL 34974
Phone: 941-763-3372
FAX: 941-763-1686
Date /—� 9 —C el- Petition No.
Jurisdiction:,,
U
9'q-Oo//C
Fee Paid: p , o O n Notices Mailed:
1st Hearing `rl��f , ?c� 3 ,���'1 �(� 2nd Hearing:
p"I.I ratwo w.a• — d 4' j 8 . `1 /if.rqu rmN
Uniform Land Use Application
(Please attach separate sheets for required additional information)
�-moo-1i
See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information.
Name of property owner(s): Monica D. Harden
Mailing address: P.O. Box 486, Okeechobee, Fl 34973
Property address: NW 6th Avenue & NW 6th Street
Name of applicant, if other than owner (state relationship): David E. Goolsby, REALTOR
Tel.nhnne numherc- M, .941-736606 rjt447-1338 ww*. 763-5588 pasty
See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional information.
Future Land Use Map designation: Industrial Current Zoning Classification•.Multi—Family
Approximate acreage or square feet: Two Acres
Type and gross area of existing non-residential uses:
Part of platted subdivision? NO
Number and type (convential, manufactured home, etc.), gross area of existing dwelling:
Existing public areas, reservatins, buffers, open spaces, water retention lakes and recreational uses: dimensions, gross areas, and
percentages of total land use:
Is there a current or recent use of the property that is/was a violation of City Ordinance? o Yes A40
If yes, please describe:
Have there been any land use applications concerning all or part of this property in the last year? o Yes A4o
If yes, indicate date, nature, and applicant's name:Ordianee 0701 : Land Use Change RGII to
Briefly describe use of adjoining property:
North: Industrial (Vacarr East: RSF & Multi -Family Zoned RGII
South: public Utility West: Industrial ( Vacant )
/ Check .., type of application, complete appropriate sections, and sign reverse side of a . plicati � on.
Y See Resolution 98-10:4 "STATEMENT OF USE" for required additional inform_ atior. -
Proposed Zoning Classification: Industrial .
If granted,, will the Proposed zoning classification be contiguous with a like zone? `YES
When development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY
a IMPACT ANALYSIS",, and 11 "SIGN PLAN' (where anolicable)„ for required additional (.:formation
rC A Q11pf•fAl EXr.lylnn n.r.ccary fnr vnnr int.nd.ri use9 fn—,,,,.,, ,- at7anPC� r1 V.c X Ajn
I
941-334-6354 TRUE PLANNING & MGT
—')50 P03 NOV 03 9e 14:37
For Special Exception and Variance Applications, see Resolution No. 98-10:7 and 8 "517M PLAN' for required additional
information. _
Describe the u itended use requiring a Special Exception:
Provide specil is LDR ordinance section number and page number:
See Resoiutim m 98-10:10 "PUBLIC FACILITY IMPACT ANALYSIS" for required additional information.
SupplemCntsr r supporting information:
How the intended use meets the standards in the Unified Land Develootnent Code 4253.2:
Demonstrate I hat the proposed location and site is appropriate for the use:
Demonstrate I mow the site and proposed buildings have been designed so they are compatible with
the adiacent uses and the neiOftr mood:
Demonstrate tiny new landscaping techniques to visually screen the use from adincent uses.
Demonstrate, uhat is proposed to reduce the impact of any potential hazards, problems, public
nuisance itenit rated by the use:
Demonstrate !mow utilities and other service reauirements of the use can be meet:
Lcribe the' i ance sought: �.
plemental supportinginformation:
wnsuate that the variance is needed to over+comc a hardship caused by the unique
sical cone itions of the site:
cify the n inimurn variance requirement including: height, lot area, size of structure,
of yard„ i;etback. butler or open space:
.r.
Details of ad ninistrative decision under appeal, including name of individual issuing decision, date of issuance,
and written c)oy of decision:
Reasons for i *questing atroeal of decision:
Suvolementary supoortinit information:
CONFiRMAT1oN OF INFORMATION ACCURACY
I hereby certify t hat the information on this application is correct. The information included in this application is for use by the
City of Okeeclme bee in processing my request. False or misleading information maybe punishable by a fine of up to five hundred
dollars (5500.00) and imprisonment of up to thirty (30) days and may result in the summary decrial of this application.
Sijmature Date
+
-sr
a
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...... ............ .... ...
NAME OF PROPERTY OWNER(SI: MQUTCA n - wARngm - A runt-K onmA
MAILING AOORESS a 0 _ SOX 486
nrnstrmnaga- FL 3497
PROPERTY ADORESS w t-h AVSMIIF AND NW th STRSJ
TAX PARCEL: NUMBER oi-iq-17-Is-0010-00710-0010
(APPLICANT David E. Goolsby
HOME TELEPHONE: 7/676068 WORK TELEPHONE: 763-5588
. .... .. .... ... . ......
The Undersigned being the record title owners 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 County
of Okeechobee to change the land use of said property. This land use change may Include rezoning of
the Pfc0snY, granting of Special exceptions, varlancea Or appeals of decisions of the Building and
Zoning department. It I& understood that conditions. Ilmitadons and restrictions may be placed upon
the use Of operation of the property. Mistatements upon application Or In any hearing may result in the
termination of any special exesotion and a procobding to rezone the property to the original
Classification. This Power of attorney may W terminated only by a vvri"sn statement of such
termination effective upon receipt by the Building and Zoning Oopartment.
IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS
THIS
t h DAY OF January 1999
OWNER
N,Fss
ArNIrss
OWNER
......... ........ .... ...... .. . ............
BEFORE ME THE UNDERSIGNED AuTmooqrTy PERSONALLY AP"AAEO THE OWNERS NAMED ABOVE WHO UPON BEING DULY
SWORN ACXNOWLf OGEO BEFORE ME THAT THEY ARE THE OWNIAS Of THE REAL P" Pt
THAT THEY EXI 0 ATY
CU P41SCRIUD ABOVZANO
,T" THE POWER OF A N9Y FOR STATED REIN. 140 SUBSCRIBED THIS
I
COMMISSION 0 C M No
DAY 0 DECEMS
BONDED THRU TROY IN)1b?,040%j%8L4C
.. ........
•
i
CITY OF OKEECHOBEE, FLORIOA
v. t ( 55 S.E. 3rd Avenue, Okeechobee, FL 34 74-2932
(941) 763-3372
RE EIVED from
4 /
goo
CLERK
S
Dollars
367
Lots 1 Lo 12, iralu.A ve, Block 71, CITY OF OKEECHOPER, according
to the plat thereof recorded in Plat Book 1, page lu, public
records of Okeechobee County, Florida.
PARCEL V - Parcel Identification No. RI-05•-37-35-0010-00090-0170
Lot 17, Block 9, BASSWOOD SUBDIVISION, according to the plat
thereof recorded in Plat Book 3, page 22, public records of
Okeechobee County, Florida.
PARCEL VI - Parcel Identification No. R1-05-37-35-0010-00070-0010
Lot 1, Block 7, Unit 1, BASSWOOD SUBDIVISION, according to the plat
thereof on file in Plat Book 3, page 22, public records of
Okeechobee County, Florida.
vested in MONICA D. HARDEN, an unremarried widow whose post office
address is P. O. Box 486, Okeechobee,, FL 34973 by operation of law
as of the date of the decedent's death pursuant to Florida law as
will more fully appear from the proceedings in the Circuit Court
for Okeechobee County, Florida, Probate Division, in File No. 94-
19-CP, subject to rights of the personal representative under
Sections 733.607 and 733.608 of the Florida Probate Code to take
possession or control of the Property, or to use, c,911, encumber
of otherwise exercise control over the property (1) for the payment
of devises, debts, family allowance, estate and inheritance taxes,
claims, charges, and expenses of administration, (2) to enforce
contribution and equalize advancement, or (3) for distribution.
Having determined that the property is not needed for any of
the foregoing purposes, except distribution, and that the property
should be released and distributed to the beneficiary or
beneficiaries, the personal representative hereby releases the
property from all rights and powers of the personal representative
and acknowledges that the property is vested in MONICA D. HARDEN,
an snremarri.ed widow, free of all rights of the personal
representative.
IN WITNESS WHEREOF, the undersigned, as personal
representative of the estate of the decedent, hay executed this
instrument on May ) ', , 1995.
Executed in the presence of:
WITNESS MONiCA D. HARDEN
as personal representative of
�cr. / c•�G �Cti� the estate of JAMES HUBERT
WITNESS HARDEN, JR., deceased
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me on May
EfA 3U ! FA(;i1548
3 , 1995, by MONICA D. HARDEN as personal representative
of the estate of JAMES HUBERT HARDEN, JR., deceased, who is
personally known to me.
- ?�Q . tact , u• ova �. v i
CLARIECE BURDESHAW
?votary Public
My commission expires:
L
n �Q
•n 3: —
f�" � r•,r
367 ; . _1546
Ih THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
1 IN F.Nn FOR OKEECHOBEE COUNTY, FLORIDA
CASE NO. 94•-19-CP
IN RE: The Estate of
JAMES HURERT HARDEN, SR., )ocumentary Stamps paid In the amount of
'7n
Deceased
of wr;ull Cou;1 date
PERSONAL REPRESENTATIVE'S RELEASE
AND CERTIFICATE OF DISTRIBUTION OF
REAL. PROPERTY
The undersigned, MONICA D. HARDEN, whose post office address
is P. 0. Box 486, Okeechobee, FL 34973 as personal representative
of the estate of JAMES HUBERT HARDEN, SR., deceased, hereby
acknowledges that title to the real property located in Okeechobee
County, Florida, owned by the decedent, described as follows:
PARCEL I - Parcel Identification No. R1-30-37-35-0010-00020-0120
Parcel Identification No. R1-30-37-35-0010-00020-0130
Parcel Identification No. R1-30-37-35-0010-00020-0140
Lots 12, 13 and 14 of Block 2, OAK PARK, according to the plat
thereof recorded in Plat Book 3, page 3, public records of
Okeechobee County, Florida.
PARCEL II -
Parcel
Identification No.
1-17-37-35-0020-00420-013U
Parcel
Identification No.
1-17-37-35-0020-00420-0150
Parcel
Identification No.
1-17-37-35-0020-00420-0160
Parcel
Identification No.
1-17-37-35-0020-00420-0180
Parcel
Identification No.
1-17-37-35-0020-00420-0180
Parcel
Identification No.
1-17-37-35-0020-00420-0200
Parcel
Identification No.
1-17-37-35-0020-00420-0210
Parcel
Identification No.
1-17-37-35-0020-00420-0230
Lots 13, 14,
15, 16, 17 and 18, Block
42, Lots 18, 19, 20, 21 and
22, Block 43,
and
Lots 23 and 24,
Block 50, Subdivision of a
portion of
OKEECHOBEE PARK according to the plat thereof as
recorded in
Plat Book 1, page 28, public records of Okeechobee
County, Florida.
PARCEL III - Parcel Identification No. 1-23-36-34-0010-00050-0060
Lot 6, Block 5, DIXIE RANCH ESTATES, according to the plat thereof
recorded in Plat Book 3, page 33, public records of Okeechobee
County, Florida.
PARCEL IV - Parcel Identification No. R3-15-37-35-0010-00110-0010
s
o
5
6
u
!
2
5
6
1144 5 41.5 i ►u w
ii
!2 10 9 •8 7 :6 :5 :4 :3 :2
!3'46*
14 i� i8 : !9 20 ..21 22 23 _ 24 .• 25 .. -
15 csx
!6
12
2
13
3
14
4
i5
al
S.
i6
6
it
7
!8
8
!9
9
20
142.5 10
10,
NW 7th STREET
11L b 41.5
5 3 '2 '1
6 '
7
8 i0 ' 'it • 12
9--
NW 6th STREET
I AZ 5 47. 5 47.5
4
5 .•3 .2 .1
7CP
8 ' 'f0 •!! •i2 •
9 I4Z 5 • • 47. 5 ' ' 47. 5
. . . . . .. . . . . . .
40
N. c
°► i i
12
13
i4
15
16
17
18
i9
20
6 TH STP_E
i
2
3
4
5
6
7
e
9
to
5o
6 ' 4 3 2 1
7 ' 9 i0 'i '12
m . so
hu w m
'6 '5 '4 '3 '2 '!
' 7 ' 8 ' 9 '10 'ii '12
so .
2
4 .• .
.
.
.
.
.
..
34
'
6
/
a
-
D ! TCH
TOP OF BANK
S TREE T NOT OPEN
EAST 300.021 IF)
1 1 47.5'(P) 1 47.5-(P) 1 47.5'[
a
g 4
f42.5'(P1
6
,ten 5
112.5'(P)
g 6
0
m f42.5-(P)
'v
c g 7
0
i f42.5'(P)
B
142.5'(P)
LEGEND
IF - Rebar Found
:N:-.W. 7th STREET Is - Rebar Wicap set
FD PI Found
(PAVED - 100' P/W) CMF - Concrete eMonument Found
PRM - Permanent Reference Monument
(PI - AS per the plat Of City of Okeechobee
RBF (F) - Field Measurement
PI (D) - As per the deed
(C) - Calculation
NOTES: !. Basis bearing - North line Block 71 Assumed East
2. Not valid without the signature and the original
raised seal of a Florida licensed surveyor and
mapper.
I 1 3 wj 2 $i 1 B 3. No Improvements. If any, located
I I 1 1 �3
I I I 1
4 j Q: SURVEY OF
�Q. I� Lots ! to !2, inclusive. Block 71. CITY OF OKEECHOBEE.
c O according to the plat thereof recorded In Plat Book !,
( -------� 1 o C N Page !0. Public Records of Okeechobee County. Florida.
20' ALLEY
4Z5'(PI 47 5'(PI I 47.5'(P) LnUj
LU
) ( I I o z
I
j I 10 '1 1f `j 12 c 7
9 I
1
I
142.5'(P)
NB9'59'14•E 300.21' (F)
N. W. 6th STREET _
( P-AVED - 7-0'
Ju. 91'JCJ
959'S7.51.1/
RBF
FD PK 6 DISC
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS
PREPARED UNDER MY DIRECTIO AND SUPERVISION.
�� J
----------- -----------
LELAND DYALS. RLS 2084
S89.59'40'W 360.80' (F)
FD PK NAIL
L ELAND D YA L S
R. L . S. 2 0 8 4
304 S. W. 3rd Ave., Okeechobee, Fla.
763-4�9 FAX...... 763-2600 1p,
SCALE: !' - 60
BY.,
ODR�.AW ollw
LIBRARY J4401
NANE.
LOCATIOW BLOCK 7i, CITY OF OKEE 15/37/35
SWIVEY FOW DATE: W/03/%
MON l CA D. Jo NO.: 4401
HARDEN SND.:
SHEET� OFPHONE.....
REVISIONS
DATE
BY
SEAL ,F.&IP9.: CI 17/60
•
2001 West Blue Heron Blvd.
Riviera Beach, FL 33404
no 11 742
•
Phone (561)863-5701
Fax (561)845-7709
March 30, 1999
John R. Cook, Esq.
City Attorney
City of Okeechobee
55 S. E. Third Avenue
Okeechobee, FL 34974-2932
Re: Letter of March 9, 1999
Dear Mr. Cook:
This will respond to your letter of March 9 in which you acknowledged the
commencement of renewal proceedings under Section 626 of the Communications Act, 47
USC §546. That letter expressed concern that the time lines set forth in Section 626(b) of the
Act required the City to establish a formal renewal proposal submission date of March 31 in
order to comply with the statutory procedural requirements. As you are aware, Section 626(h)
of the Act allows the parties to engage in parallel informal discussions to renew the franchise
which can be far less time consuming and costly than the formal process. As mentioned during
our conversation last week, Adelphia looks forward to sitting down with you and informally
discussing the terms of a renewed franchise agreement.
To give the informal process a chance to bear fruit, both parties hereby agree that the
formal procedures will be held in abeyance during our informal discussions, and that the time
periods for all procedural requirements contained in subsections (a) through (g) of Section 626,
shall be tolled without prejudice to either party while the formal process is held in abeyance.
Each party shall continue to reserve all of their respective rights relating to the formal
procedures in the event that the informal negotiations are not successful.
At any time, but upon no less than ninety (90) days' written notice to the other party,
either party may end the above -referenced tolling provisions and recommence the formal
procedures contained in the subsections (a) through (g) of Section 626 of the Act, including
ascertainment hearings, a preliminary determination of renewal, or non -renewal detailing the
reasons for the action, the establishment of requirements for facilities and equipment that the
City expects to be delivered in a renewed franchise, an indication of the community cable -
related needs and interests to which a renewal proposal should respond, and a completion of
administrative hearings considering factors set forth in the Act.
Equal Opportunity Employer
.f
John R. Cook, Esq.
March 30, 1999
Page 2
Please countersign and return one of the copies of this letter agreement to me at your
earliest convenience.
We look forward to completing this process with you and will be providing a draft
renewal agreement to you shortly to move the informal process along.
Very truly yours,
ADELPMA
B G.( (
Mirk P. Galloway
Regional Manager
AGREED AND ACCEPTED
CITY OF OKEECHOBEE
By:
MPG:hls
• EXHIBIT 2 -
CITY OF OKEE APRIL 6 AGENDA
941)763-3372
CITY DEPARTMENT AGENDA ITEM REQUEST FORM
Submitting Deparment:
rWNFRAL SFRVTCF.R
by Bea Castorina X�
MEETING: REGULAR U SPECIAL ❑ WORKSHOP ❑ DATE: April 6, 1999
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Appoint Alternate
Code Enforcement Board Members.
PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Appoint Lori Blair as an alternate
for a term bectinninct Mav 1, 1999 and endina April 30. 2001 and Jamie C,amiotea as an
alternate mPml r for a term bo,r;nnirnrc Mav 1 1gg9 and ending April 3n. 2M9
PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS.
Ms. Blair was the onlv applicant that wished for her application to be considered. -for
the Code Board. Mr. Gamiotea recently came in and alolied for the Code Board for
consideration at the next vacancy. See attached annlications.
IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? n/a
JAaN-27-99 eZ:07 PM OK&HO$EE AIR CONDITION 941467160
414671 07 P.01
Ci v of'-Z& ee b
orwo of 60 Ctty CIOV* I
Application for Citizen Board
The City of Okeechobee does not engage in any form of unlawful discrimination. if you feel you
have been discriminated against for any reason, please call this to the attention of the Personnel
Administrator so that we may address your concern.
Citizen Board Applying For-
0 Planning Board/Board of Adjustment/Design Review Board Member
0 Alternate Member of the Above Stated Board
0 Code Enforcement Board Member
0 Alternate Member of the Above State Board
Mae hint,
Applicant's Full Name:�, ; r
Street Address: I __
Mailing Address: n?an % szA Sr *',f -y
Telephone Numbers:-
hone wor� beeper mobile
bEducat to»: Please ed if nr. tf more s A e is needed o ease attach an date paeand
d ree vbtal , � additional page.
Grammar School:
High School•
University:
Other
�--� Al .
JAN-2T-99 05:09 PM OKEECHOBEE AIR CONDITION 9414671607
P.01
'/ p
Ammo t s,ltrontddd
0
'abed lvaofllppa as gaouv analtl papoon Rl **woo wtow,Q •00 0n.401 03 1111A paeoq
104,1,011 nidlaq aq P1noM ;eq; jlaunolt iaoge uopsuuo;ul punojlbla$q puv R" It aq�rasoQ
•
U
City of Okeechobee
Office of the City Clerk & Personnel Administrator
Application for Citizen Board
The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you
have been discriminated against for any reason, please call this to the attention of the Personnel
Administrator so that we may address your concern.
Citizen Board Applying For:
❑ Planning Board/Board of Adjustment/Design Review Board Member
❑ Alternate Member of the Above Stated Board
XX Code Enforcement Board Member
$X Alternate Member of the Above State Board
Please Print.
Applicant's Full Name: James "Jamie" C. Gamiotea
Street Address: 824 SE loth Street, Okeechobee, FL 34974
Mailing Address: Same as above.
Telephone Numbers: 357-1191 763-3322 n/a n/a
home work beeper mobile
Education: Please include Name and Address of school, years attended, date graduated and I
degree obtained, if any. If more space is needed please attach an additional page.
Grammar School: Arcadia, Florida
High School: Desoto High, Arcadia, Florida, June 1987
University:
Other: USMC
De
any -vk*
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Applicant,,
�'aatrire
3130199
Date
• • EXHIBIT 3 -
APRIL 6 AGE"i
CITY OF O KEEC
941)763-3372 ilk F
CITY DEPARTMENT AGENDA ITEM REQUEST FORM
Submitting Deparment:
r,FNF.RAT. SFRVTrFG
by Bea Castorina Ci
MEETING: REGULARW SPECIAL ❑ WORKSHOP ❑ DATE: April 6, 1999
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. Consider awarding
a Telephone Svstem Bid.
PLEASE STATE RECOMMENDED ACTION BY THE CITY COUNCIL. Award the bid to CML Ccunications
in the amount of $10,020.50. I am basins my recommendation because they are the lowest
bid. The amount budcteted for this item was $12,000.00. We sent out. 4 rpouest for nronosals
and only two were received by the deariiinP_
PLEASE SUMMARIZED EXPLANATION/BACKGROUND INFORMATION AND ATTACH APPLICABLE DOCUMENTS.
See attachmq ri Ac _
IF PRESENTATION IS TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? n/a
C:ML COMMUNICATIONS INC.
• 1.�,C�5 B. S. PARROTT AVE.
OKEEC:HOBEE, FL. 34974
941-7E3-5200
PROPOSAL SUBMITTED TO:
--------------------------------------------------------------------------------
CITY OF OKEECHOBEE 763-3372 03-22-99
55 S.E. 3RD AVE.
OKEECHOBEE CONTACT:
---------------------------------------------------------------------------------
We hereby submit specifications and estimates for Samsung DCS digital
electronic key telephone system. This price includes two year warranty.
(two year warranty does not include lightning damage)
1 DCS KEY SERVICE UNIT (PSU 40
1 ROM PAS..:k: 1
0 EXPANSION CABINET (40 PSU)
O EXPANSION CARD
1 TRUNK A CARD (2 )
1 TRUNK B CARD (4 )
1 TRUNK C CARD (8 )
3 DL I STATION CARD (Sk: T )
D SLI STATION CARD (SSL)
O KDB CARD (DL I )
O K DB CARD (SL I )
04 24 LINE DISPLAY PHONE
IS 12 LINE DISPLAY PHONE
1 ADD ON MODULE (3E BUTTON)
1 VOIC:E MAIL (4 PORT/64 HR.)
2 PORT -A -SYSTEM PROTECTOR (DELTA)
1 BACK-UP BATTERY
THIS SYSTEM EQUIPPED FOR 14 C.O. LINES AND 24 STATIONS, VOICE
MAIL /AUTO ATTENDANT, 2 HOUR BACK-UP BATTERY, 10 DISPLAY TELEPHONES,
AND 36 BUTTON BUSY LAMP FIELD.
--------------------------------------------------------------------------------
COST $ 10.020.50 SALES TAX $ .00 TOTAL PRICE $ 10. 020. 50
------------------------------------_----------.....----------------------------------
All material is guaranteed to be as specified. All work to be
completed in a workmanlike manner according to standard practices. Any
alterations or deviations from above specifications involving extra cost
will become an extra charge over and above the estimate. This proposal �
is subject to acceptance within 30 days and is void thereafter at the
option of C:ML COMMUNICATIONS INC
Accepted by ................
---------- (please print)
Signature :----------------------------- Date----------
Thank you for giving Sprint the opportunity to provide the City of
Okeechobee with a communications solution. The choice of a provider of
te/ecommunicatfons equipment is an Important one which will have a great
effect on the way you conduct business. Besides price considerations,
careful analysis of the provider's experience, technical expertise, and local
resources must be made.
Furthermore, the equipment Itself should have a track record of
reliability and ease of use, and the manufacturer should be stable and
available to you and your service team.
Based on these considerations, and on the needs expressed In your
outline of telephone system specifications, we are making the following
equipment recommendation:
EQUIPMENT
QUANTITY
NORSTAR MICS KSU 12X24, 272 PORT MAX
1
NORSTAR MICS SOFTWARE CART REL.4.0
1
STARTALK FLASH 4PORT VOICEMAIL 1MMN., 48 BOX MAX
1
FIBER EXPANSION MODULE
1
FIBER TRUNK MODULE
1
CALLER ID TRUNK CART
3
M7310 PHONE HANDSFREE LCD SPKR, 22 PROGRAMABLE BUTTONS
17
M7324 PHONE HANDSFREE LCD SPKR, 24 PROGRmMABLE BUTTONS
1
KEY LAMP MODULE FOR 7324, 48 PROGRAMMABLE BUTTONS
1
EDCO SURGEVNE PROTECTION
1
MINUTEMAN BATTERY BACKUP 2 HRS. BACKUP POWER
1
USER TRAINING VIDEO
1
INSTALLATION, PROGRAMMING, CUSTOMER TRAINING, AND
1 YEAR WARRANTY ARE ALL INCLUDED.
CASH PURCHASE PRICE: $15,317.00
Centurvion Maintenance: $ 901mo.
!ZLIMAG/NE TECHNOLOGY PLAN... 60 mo. $432(mo.
Includes MalaWancell
Please see the attached analysis and infionnation. Thank you again,
and we look forward to working with you.
Respectfully Submitted,
John Meissner
•
City of Okeechobee
Telephone Specifications
Please revise your phone system proposal with the following guidelines:
The telephone system should be a digital system expandable to a minimum of 100 ports
for future expansion. Auto attendant and voice mail are required with at least 4 ports and
30 hours storage. The voice mail system should also be expandable. This system should
include a port -a -system surge protector and telephone line protection for 12 telephone
lines with delta modules. Back-up battery for power failures should be included to keep the
system in operation for a 2 hour period. The system configuration at time of installation
should be for 12 c.o. lines and 24 stations. Telephone station equipment should be 18 key
telephones with Icd display with speakerphones and one 36 button busy lamp field with
programmable buttons for operator position.
Listed below are other system features and station features we would like to have. Should
your system not have this feature, please indicate that and offer an alternative feature that
is comparable to it and explain how it differs. Should your system have standard features
that are not listed below please list them and explain what they do:
SYSTEM FEATURES:
ALL CALL VOICE PAGE. Users can page all internal and all external paging zones at the
same time.
ATTENTION TONE. To get your attention, a brief tone precedes all page announcements
and intercom voice calls.
AUTO ATTENDANT. Answers all incoming calls to city hall. Gives the caller the option of
entering the extension number if they know it and get connected with that station
immediately. If the person does not know the extension number, it then gives a list of
options to press specific numbers to get a specific office (ie: for the city clerk and
personnel office press one, for city administrator press two, etc.). Gives option to hold and
be connected to the operator. Once they are connected to a specific station if the person
does not answer or the line is busy it gives them option to hang up and try again later,
leave a message on that stations voice mail or return to the main menu options.
AUTOMATIC HOLD. While a keyset user is engaged on an outside call, pressing another
outside line, paging or intercom button automatically places the call on hold.
BACKGROUND MUSIC. Keyset users may choose to hear music through their keyset
speakers. Each user may adjust the volume level.
CALL FORWARDING. Feature allows the user to redirect incoming calls should the
regular operator be out that day. FOLLOW ME. This feature allows the station user to
forward all calls from another station to the user's station or change the forward destination
to the user's current location. TO VOICE MAIL. Each station should be programmed to
allow or deny the ability to forward intercom calls to voice mail.
CALL HOLD (EXCLUSIVE). Outside calls can be placed on an exclusive hold at any
keyset. Intercom calls are always placed on exclusive hold.
CALL HOLD (SYSTEM). Outside calls can be placed on system hold at any station and
retrieved at any station.
2
E
0
CONFERENCE. Any combination of up to five parties (stations or outside lines) can be
joined together in an add -on conference. Parties may be eliminated or added after a
conference has been established.
DATA SECURITY. Single line extension used with modems and facsimile machines can
be programmed so that they will not receive any system -generated tones that would
disrupt the data transmissions.
DIRECTORY NAMES. Each station and C.O. lines may be assigned a directory name. In
addition, each personal speed dial number and system speed dial number may be
assigned a name. These names are displayed during calls.
DISTINCTIVE RINGING. A user knows the type of call received by the type of ring heard.
Outside calls have a certain ring while intercom calls have another type of ring.
FLEXIBLE NUMBERING. System programming allows stations to have two, three for four
digit extension numbers beginning with the digit 2 or 3.
SPEED DIAL NUMBERS. A library of 1500 speed dial numbers may be allocated as
needed. The system list can have up to 500 numbers and each station can have up to 50
numbers. Speed dial numbers are assigned in blocks of ten. Each speed dial number may
contain up to 18 digits.
3
• 0
SPEED DIAL DIRECTORY. The system provides the user with the ability to look up a
speed dial number on the screen and place the call. Speed dial selections are broken into:
personal, system and station.
SYSTEM DIRECTOR. Each station and outside line can have an 11 character director
name. This name will appear on keyset displays to provide additional information about
lines and stations.
VOICE MAIL INTEGRATION. Stations scan call forward to a voice mail system. When
answered, the system will send tones routing the caller directly to the called stations user's
mailbox. Keyset users can press one button to retrieve messages from the voice mail
system.
STATION FEATURES
CALL PICKUP. With directed call pickup, a user can answer calls ringing at any station
by dialing specific numbers.
ON -HOOK DIALING. Any keyset user can originate calls without lifting the handset. When
the called party answers, the user may speak into the microphone or lift the handset for
more privacy.
4
PROTECTION FROM BARGE -IN. Each station will be programmed as secure and cannot
be barged -in on.
REDIAL. Three types of external redial available to all station users: Auto Retry. Last
Number and Save Number.
RINGING PREFERENCE. Lifting the handset or pressing the speaker button automatically
answers a call ringing at the keyset. Using this method, users are assured of answering
the oldest call first.
SPEAKERPHONE. The Speakerphone enables calls to be made and received without the
use of the handset.
TRI-COLORED LIGHTS. To avoid confusion, calls always light green, other calls show red
and recalls light amber.
VOLUME SETTINGS. Each keyset user may separately adjust the volume of the ringer,
speaker, handset, receiver, background music, page announcement and off -hook ring
tone.
s
DISPLAY FEATURES
CALL PROCESSING INFORMATION. During everyday call handling, the keyset display
will provide information that is helpful and in some cases invaluable. (ie: displays calls are
from what extension, transferred from what extension, etc.).
CALLING PARTY NAME. For intercom calls, keysets show the calling party's name before
answering..
CONFERENCE INFORMATION. When a conference is set up, each extension and outside
line number is displayed at the controlling station when it is added. When a station is
added, its display show alerting the user that other parities are on the line.
DATE AND TIME DISPLAY. In the idle condition, the current dat and time are displayed.
DIALED NUMBER. When an outside call is made, digits are displayed as the user dials
them.
ENHANCED STATION PROGRAMMING. Personal programming options to select and
confirm with the help of the display.
0
•
IDENTIFICATION OF RECALLS. Hold recalls and transfer recalls are identified differently
than other ringing calls. Hold recalls indicate the recalling line or station number and the
associated name. Transfer recalls indicate the recalling line or station and where it is
coming from.
IDENTIFICATION OF TRANSFERS. The display will identify who transferred a call to the
user.
OUTSIDE LINE IDENTIFICATION. Each line can be identified with an 11 character name.
Incoming calls display this name before the call is answered.
SOFT KEYS. Below the display, there are three soft keys and a scroll button. These keys
allow the user to access features in their class of service without requiring the keyset to
have designated feature keys.
7
Return one complete proposal to City of Okeechobee, General Services, 55 SE 31
Avenue, Okeechobee, Florida 34974 by March 23, 1999
Company Name:
Contact Person:
Address:
Phone:
Proposal Price:
E:3
• 0
Okeerbobee, ffloriba
proclamation
i C BW.W% teen smoking is on the rise and smoking among high school seniors is
at a 19 year high; and
WI M&% 4.5 minion lads aged 12 - 17 are current smokers and more than 3,000
additional kids become regular smolders each day; and
&l.S, the Centers for Disease Control predicts more than 5 mullion children
under age 18 alive today win die prematurely from smoking -related diseases
unless current trends are reversed; and
Wlik3tEb5, smoking -related 0lnesses already Iall roughly 400,000 Americans each
year, representing more deaths than from AIDS, alcohol, car accidents,
murders, suicides, drugs and Sires combined; and
MVFL% most of these deaths could have been prevented; and
WIiFREL% the children of the City of Okeechobee will no longer tolerate the
tobacco industry's efforts to manipulate them into buying lethal and
addictive products through insidious advertising campaigns; and
MMZE % the Mayor of Okeechobee wishes to stand up with the children of this
City in opposition to the advertising and marketing of tobacco products to
children,-
NOW-1 I, james E. Kirk, by the virtue of the authority vested in me as
Mayor of the City of Okeechobee, Florida, do hereby proclaim April 14, 1999
as WCKBIITTSDAI'in Okeechobee.
'DM "JwW4 J /c~ Awmu*zta see, may
&and and eauaed du& seat I& dw mixed.
&fumk
%`s womw imT4
Suter S m'Z 6, 1999
04/05/1999 12:52 941-46,
22
VOCATIONAL DEPT 0
PAGE 01
R OAMVIAL INFORMA ON
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ma's Yt
a -&* and imagist
metih at the ON t
local elected 015dd
city or county cow
ask him or her to n
your event oeddly
Day In your city or
Day Proclamation
a can add to WMox my
your visibility wuh the
W. Simply combo a
such as a mayor or
11 represead", and
ad ibis peoduANiolt at
leclaring it 1Kicic Bath
Mahe an you Wude the name of the
Acid on your pt+ess release and let the
medic know that your activity is put of the
city or towns "o>sclaC' Kick htib Dry
celebrmoa. You "even had that the
mejor wants to cted this proclamation at
the ant tw" eonncil raze""!
A Pr MaassNO B+admittK Ape* ", Oft 'KING NINIO DW- In (aft)
wyheeer, test►
g is on the rise and smoking among high reboot seniors is wn a
19-year haigh;
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kids aced 12-1 T are tmffm satoken and more than 3,000
addWood kids bom
mplw stuokecs saeh dwy; and,
Nhere.s, the Untem
for Dbftse Control predicts more than S milbon chtldrsa
under age 1$ all
Fe today will die pretnatnrdy from sttnoking•tt lite4 diseases unless
current tmb
reversed; told,
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year, represen '
more 4eadts d wn from AIDS, alcohol, w accidents, murders,
suicides, drugs
d tires cowbtW, and,
aa, wbeeemost
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Wen of (town or city) will no longer tiolftw the tobaeoo mduaiv, s
efforts to mgwpt
We them into buying lethal and addletive products through insidious
adsertia w cam;
and,
s, wbered theof
(sown or city) wishes to mold up w%k tie children of this city
in oppoWbn tdvertielag
and marketing of tohacoo pro4wo a chddten;
'Therefore, be
tba toefoy, Agri! 14, IM, absnrby 4wkr d "Kick
AwnA - IN(if
or Nty).
ti KIQN BYTT� SAY AOTIVITIRS
HOS 31aa1W VNI"taa3h! L90Gz9cTo6 19:11 6661/$G/ve
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