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2016-12-13CITY OF !; B E DECEMBERi 3,2016,COUNCIL 55 SE '' AM * OKEECHOBEE,49 SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALF T 0 ORIREP. - Mayor December 13, 2016, City Council Regular Meeting, 6:00 P.M. IL OPENING CEREMONIES Invocation to be given by Mr. Mark Mayers, Executive Director of Real Life Children's Ranch; Pledge of Allegiance led by Mayor Kirk. III. MA.'OP, 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 Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMA T IONS AND PRESENTATIONS - Mayor A. Present Police Lieutenant Donald Hagan with a 20-Year Longevity Service Award. Mayor Kirk called the December 13, 2016, Regular City Council Meeting to order at 6:02 P.M. In the absence of Mr. Mayers, the invocation was offered by Council Member Watford; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent (preparing the Mayor's Farewell Celebration Reception) Present Present Present Present Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. Item A. Minutes were withdrawn. New Business Item G was changed to Item H to allow for the addition of a new Item G, Exhibit 10, by Administrator MontesDeOca. On behalf of the City, Mayor Kirk and Police Chief Peterson presented to Mr. Donald Hagan a Longevity Service Award in the amount of $250.00 and a framed certificate which read, `in recognition of your 20-years of service, hard work, and dedication to the City, its citizens, and your fellow employees as a Police Officer, Sergeant and Lieutenant from November 22, 1996 to November 22, 2016." 71 72 DECEMBER 13, 2016 - REGULAR MEETING - PAGE 2 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the November 15, 2016, Regular Meeting and the November 22, 2016, Special Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the November 2016 Warrant Register: General Fund..........................................................................$458,068.54 Public Facilities Improvement Fund........................................$119,153.63 Capital Improvement Projects Fund ........................................$ 6,328.41 Community Development Block Grant Fund (TMDL Grant) ....$ 3,609.14 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1147 by title only regarding Abandonment of Right -of -Way, Petition No. 16-002-AC, submitted by Mr. Carrol Word/441 Palms LLC - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1147 by title only 2.a) Motion to adopt proposed Ordinance No. 1147. No action was taken on this item, as it was requested to be withdrawn by Clerk Gamiotea. Council Member Watford moved to approve the November 2016 Warrant Register in the amounts: General Fund, four hundred fifty-eight thousand, sixty-eight dollars and fifty-four cents ($458,068.54); Public Facilities Improvement Fund, one hundred nineteen thousand, one hundred fifty-three dollars and sixty-three cents ($119,153.63); Capital Improvement Projects Fund, six thousand, three hundred twenty-eight dollars and forty-one cents ($6,328.41); and Community Development Block Grant Fund (TMDL Grant), three thousand, six hundred nine dollars and fourteen cents ($3,609.14); seconded by Council Member Ritter. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Motion and second by Council Members Chandler and Watford to read proposed Ordinance No. 1147 by title only regarding Abandonment of Right -of -Way, Petition No. 16-002-AC, submitted by Mr. Carrol Word/441 Palms LLC. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1147 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN ALLEYWAYS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 AND 2 AND A PORTION OF NORTHEAST 3Ro AVENUE BETWEEN NORTHEAST 13TH AND 14TH STREETS, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; 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." Motion and second by Council Members Ritter and Chandler to adopt proposed Ordinance No. 1147. AGENDA DECEMBER 13, 2016 - REGULAR MEETING - PAGE 3 OF 9 COUNCIL ACTION - DISCUSSION -VOTE 73 Vill. PUBLIC HEARING CONTINUED A.2.b) Public comments and discussion, proposed Ordinance No. 1147 c) Vote on motion. CLOSE PUBLIC HEARING - Mayor IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1148 by title only and set January 3, 2017, as a Final Public Hearing date regarding Abandonment of Right -of -Way Petition No. 16-003-AC - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1148 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1148 b) Public comments and discussion. c) Vote on motion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member O'Connor asked whether closing Northeast 3rd Avenue was still an issue with this petition. Administrator MontesDeOca stated it will be addressed during site plan review by the Technical Review Committee. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. Motion and second by Council Members Watford and Ritter to read proposed Ordinance No. 1148 by title only and set January 3, 2017, as a Final Public Hearing date regarding Abandonment of Right -of -Way Petition No. 16-003-AC. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1148 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 44, 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." Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance No. 1148. Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was also no Council discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. 74 DECEMBER 13, 2016 - REGULAR MEETING - PAGE 4 OF 9 AGENDA IX. NEW BUSINESS CONTINUED B. Motion to adopt proposed Resolution No. 2016-11, addressing the Florida Supreme Court's recent decision regarding Workers' Compensation - Finance Director (Exhibit 3). C. Motion to adopt proposed Resolution No. 2016-12 regarding Lake Okeechobee Regional Compact - City Administrator (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE Motion and second by Council Members Watford and Ritter to adopt proposed Resolution No. 2016-11, addressing the Florida Supreme Court's recent decision regarding Workers' Compensation. Attorney Cook read proposed Resolution No. 2016-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REQUESTING THE FLORIDA LEGISLATURE AMEND CHAPTER 440, FLORIDA STATUTES, TO ADDRESS THE FLORIDA SUPREME COURT'S RECENT DECISIONS RELATED TO FLORIDA'S WORKERS' COMPENSATION SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Attorney Cook explained this Resolution is an expression of intent to have legislators address the Florida Supreme Court's recent ruling to change allowable attorney fees be recouped from other parties in the event of a lawsuit. Finance Director Riedel included an article provided by the City insurance firm's attorney detailing more information on the issue; legislative action is needed on this matter. 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. 2016-12 regarding Lake Okeechobee Regional Compact. Attorney Cook read proposed Resolution No. 2016-12 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING AND APPROVING THE PARTICIPATION BY THE CITY OF OKEECHOBEE INTO THE LAKE OKEECHOBEE REGIONAL COMPACT; SAID AGREEMENT BEING A JOINT EFFORT BY OFFICIALS IN A NINETEEN COUNTY AREA ENCOMPASSING THE NORTHERN EVERGLADES AND THE LAKE OKEECHOBEE WATERSHED TO WORK TOGETHER ACROSS JURISDICTIONAL BOUNDARIES TO CREATE, SUPPORT, AND ADVANCE A COMPREHENSIVE PLAN ADDRESSING ENVIRONMENTAL AND ECONOMIC CHALLENGES ASSOCIATED WITH DISCHARGES FROM LAKE OKEECHOBEE, AND TO DEVELOP A JOINT STRATEGIC PLAN TO SUCCESSFULLY MEET THOSE CHALLENGES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. "There was a brief discussion on this item. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. DECEMBER 13, 2016 - REGULAR MEETING - PAGE 5 OF 9 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE II 75 IX. NEW BUSINESS CONTINUED D. Motion to approve Contract Amendment No. 1 for Lynch Paving & Construction Company in the amount of $4,054.70 and extend the contract for 196 days for final closeout - Public Works Director (Exhibit 5). E. Motion to approve the purchase of a Pierce Saber Rescue Pumper Fire Truck in the amount of $412,507.00, based on the Florida Sheriff's Cooperative Bid - Chief Smith (Exhibit 6). F. 2016 City General Elections - City Clerk 1. Present the Conduct of Elections Report (Exhibit 7) Motion and second by Council Members Watford and O'Connor to approve Contract Amendment No. 1 for Bid No. PW 02-00-02-16 awarded to Lynch Paving & Construction Company in the amount of $4,054.70 and extend the contract for 196 days for final closeout. The original contract awarded was $89,490.20. The two items where the final verified quantities exceeded the engineer's estimates were: an additional 27 tons of superpave asphaltic concrete; eight square yards of concrete for a 4-inch thick sidewalk to meet proper Americans with Disability Acts slope requirements; and one item not included by the engineer's estimate requiring the purchase of five cubic yards of flowable fill to provide stabilization of an oak tree on private property to avoid future problems with the drainage structure and sidewalk. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Motion and second by Council Members O'Connor and Chandler to approve the purchase of a Pierce Saber Pumper Engine Fire Truck in the amount of $412,507.00, based on the Florida Sheriff's Cooperative Bid Specification No. 19 from Pierce Manufacturing, Inc. Administrator MontesDeOca explained the total purchase price came in $35,000.00 below what was budgeted and commended Fire Chief Smith and his Department on their research and diligent work on this. Council Member Watford stated he understands Chief Smith's recommendation regarding the type of engine and asked about possible financing. Administrator MontesDeOca explained this will be an outright purchase being the City would not gain on interest, due to paying interest on a loan. Delivery is anticipated to be nine months. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. City Clerk Gamiotea reported on the November 8, 2016, General Election procedures as provided in the Code of Ordinances and the Election Services Inter -local Agreement. The Election Canvassing Board comprised of County Judge Jerry Bryant, Board of County Commissioners Chairperson Frank Irby, Okeechobee County Supervisor of Elections Diane Hagan, County Attorney Laura McCall, and Clerk Gamiotea as the City's ex-officio, conducted eight meetings that pertained to the General Election. The voters' registration books closed on October 18, 2016 (this was an extension from October 11, 2016, by court order due to Florida being impacted by Hurricane Matthew). As of that date there were 2,671 voters registered within the City, a decrease of 76 voters from the 2014 Election. Voter turn -out County -wide was 69.27 percent. -7(o DECEMBER 13, 2016 - REGULAR MEETING - PAGE 6 OF 9 AGENDA IX NEW BUSINESS CONTINUED FA Present the Conduct of Elections Report continued. 2. Motion to accept the Certificate of the Okeechobee County Canvassing Board for the Non -Partisan 2016 Election Canvass Returns (Exhibit 8). 3. Motion to adopt proposed Resolution No. 2016-10 regarding 2016 City General Election Results for City Council Members Monica M. Clark and Michael G. O'Connor (Exhibit 9). COUNCIL ACTION - DISCUSSION - VOTE Early voting was held from October 24 through November 5, 2016, at the Supervisor of Elections Office. County -wide there are 11 voting precincts. The City is within Precinct No. 6, located at the First Baptist Church of Okeechobee Recreation Outreach Center, 310 Southwest 5ch Avenue. Everything went smoothly and the Conduct of Elections Report was sent to the State Division of Elections reflecting: there were no equipment or software malfunctions; no election definition errors discovered after the logic and accuracy test; no ballot printing nor ballot supply problems; no staffing shortages or procedural violations by employees or precinct workers; no instances where the needs for staffing and equipment were insufficient to meet voter's needs. Re-counts were not necessary to perform. The mandatory audit was performed on Monday, November 21, 2016. The manual counts performed were the exact as the electronic tabulator. No official action was required for this item. Motion and second by Council Members O'Connor and Watford to accept the Certificate of the Okeechobee County Canvassing Board for the Non -Partisan 2016 Election Canvass Returns. The Certificate of the County Canvassing Board for the Non -Partisan 2016 Election Canvass Returns was executed on Friday, November 18, 2016. A copy was provided within Exhibit 8. On page two, the results are shown for the City Council race. City voters were able to vote for no more than two of the four candidates, The whole number of votes cast was 2,841, of which Monica McCarthy Clark received 1,008 votes, Jerry Johnson received 418 votes, Michael G. O'Connor received 783 votes, and Ray Worley received 632 votes. As per State law, municipalities are non -partisan races. Other races included with these results were: the retention of the Florida Supreme Court and Fourth District Court of Appeals Judges; Nineteenth Judicial Circuit Group 6 Judge; and the District Four Okeechobee County School Board race. 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. 2016-10 regarding the 2016 City General Election Results for City Council Members Monica M. Clark and Michael G. O'Connor. Attorney Cook read proposed Resolution No. 2016-10 by title only as follows: "A RESOLUTION OF THE CITY OF OKEFCHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTY CAMVASSING BOARD FOR THE 2016 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO BE HELD BY MONICA M. CLERK AND MICHAEL G. O'CONNOR, AS ELECTED CITY COUNCIL MEMBERS; PROVIDING FOR THE CITY CLERK TO ISSUE CERTIFICATES OF ELECTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." AGENDA DECEMBER 13.2016 - REGULAR MEETING - PAGE 7 OF 9 COUNCIL ACTION - DISCUSSION - VOTE 77 6?C. PEW BUS'WESS CONTINUED F.3 Motion to adopt proposed Resolution No. 2016-10 regarding 2016 City General Election Results for City Council Members Monica M. Clark and Michael G. O'Connor continued. (TEM ADDED TO AGENDA: G. Discuss the City's position on supporting the State Land Acquisition South of Lake Okeechobee - Council Member Watford (Eyhibifi r0). The Resolution provided the breakdown of the election results as follows: Name of Candidate: Polling Precinct (No, 6): Absentee: Early Vote: Provisional: TOT AL VOTES: PERCENTAGE: Monica McCarthy Clark Jerry Johnson Michael G. O'Connor Ray Worley 351 144 252 227 164 76 143 98 491 198 387 307 2 0 1 0 1,008 35.48% 418 14.71 % 783 27.56% 632 22.25% Terms are January 2, 2017, through January 4, 2021. An Investiture Ceremony is scheduled for January 3, 2017, at 2:00 P.M. in the City Council Chambers where Judge Hendry will administer the Oath of Office and present Monica McCarthy Clark and Michael G. O'Connor with a Certificate of Election. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA MOTION CARRIED. Council Member Ritter moved to oppose Resolution No. 2016-005 put before the Treasure Coast Regional League of Cities or any Resolution of this nature; seconded by Council Member Watford. At the December 7, 2016, meeting, the Treasure Coast Regional League of Cities considered but did not adopt proposed Resolution No. 2016-005 which would have conveyed their support for the State to purchase land South of and around Lake Okeechobee for the purpose of retaining and treating polluted water, abating harmful, toxic algal blooms. Florida Senate President Joe Negron is pursuing the "Buy the Land" project as it was his 2016 campaign platform. Unfortunately, the water releases from the lake into the coastal estuary areas is a very complicated issue. The coastal communities do not seem to fully understand that taking the agriculture communities out of production will not solve the problem. Each Council Member needs to be diligent on challenging the adoption of supporting any position of this nature on the Boards/Committees that they serve on. DECEMBER 13, 2016 - REGULAR MEETING - PAGE 8 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED G. Discuss the City's position on supporting the State Land Acquisition South of Lake Okeechobee continued. H. Recognize Mayor James E. Kirk for his Outstanding Leadership and Years of Service; January 1, 1989, through January 2, 2017. Council Member Ritter recently provided an in-depth presentation at the Lake 0 Regional Compact meeting hosted in Okeechobee. The area encompasses 19 Counties and 164 Municipalities (see Resolution No. 2016-12, Item C). VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. The Council presented a shadow box containing a certificate signed by the City Council, a Key to the City, and Gavel to Mayor Kirk. Council Member Watford read the Certificate into the record: "Whereas, Mr. James E. Kirk began his municipal public service career in October of 1980, serving for three years on the City of Okeechobee Planning Board and Board of Adjustments and Appeals; and Whereas, on November 8, 1988, the City of Okeechobee held a General Election for the purposes of electing two City Council Members with four candidates running. Mr. Kirk received the highest number of votes, by 282 votes, one of the largest spreads between candidates in the City's history. He was declared an elected City Council Member, first term being from January 1, 1989, through December 31, 1992; and Whereas, Council Member Kirk was re-election thereafter, in City General Elections held in November of 199Z 1996, 2000, 2004, 2008, and 2012, during which he received the majority vote three out of these six Elections; and Whereas, on January 7, 1991, Council Member Kirk was appointed Mayor by the City Council to serve a two-year term, and has since been reappointed for thirteen consecutive terms, making him the longest serving Mayor in the history of the City of Okeechobee; and Whereas, during the course of his term in office, Mayor Kirk willingly served as a Liaison for the City of Okeechobee to the Juvenile Justice Committee, the Okeechobee County Healthy Start Coalition Board, the Central Florida Regional Planning Council, the Workforce Regional Development Board, the Treasure Coast Regional League of Cities -Executive Roundtable, and the Shared Services of Okeechobee -Executive Roundtable; and Whereas, Mayor Kirk has attended 370 of the 402 meetings held by the City Council. In 1998, he was the recipient of the American Hometown Leadership Award from the National Center for Small Communities and donated the $1,000.00 to initiate a Main Street program for the City. He was instrumental in the Downtown Redevelopment Projects and the formation of the Okeechobee Utility Authority. By his guidance City Council meetings and the annual budget review process became streamlined and more transparent. And he will be known as the Mayor who "Lights the Lights" with Santa every year, and Whereas, the City has accomplished many projects under Mayor Kirk's leadership, receiving over $5.8 million in several Federal and State Grants for the beautification of the commercial areas along North and South Park Street's and Flagle'r Parks, the development of a 150-acre City Commerce Center as well as other infrastructure and equipment improvements. He lead the City through the adoption of the Comprehensive Plan, Land Development Regulations, the perfect Sign Ordinance, and four annexations resulting in the City Limits expanding by approximately 250-acres. Now, Therefore, after serving 28 consecutive years with the highest integrity and dedication, the City of Okeechobee proudly recognizes James E. Kirk, for his service and outstanding leadership by honoring him with a Key to the City." DECEMBER 13, 2016 - REGULAR MEETING - PAGE 9 OF 9 79 AGENDA IX. NEW BUSINESS CONTINUED COUNCIL ACTION - DISCUSSION - VOTE H. Recognize Mayor James E. Kirk for his Outstanding Leadership and Each City Council Member expressed their gratitude to Mayor Kirk, along with many City Staff Members and those Years of Service; January 1, 1989, through January 2, 2017. in attendance within the "standing room only" Chambers. Mayor Kirk thanked everyone for their kind words. A reception with light refreshments followed upon the adjournment of the meeting. IX. ADJOURNMENT - Mayor There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 7:05 P.M. The Please take notice and be advised that when a person decides to appeal any decision made by the City Council with next regular scheduled meeting is January 3, 2017, 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. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Lane Gamio ea, C C, City Clerk Dowling R. Watfo d, r., Mayor 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 U-Iat�v 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 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 advertise ent for publication in the said newspaper. Katrina Elsken Sworn to and subscribed befo e me this ` R4 day of Notary Public, State of Florida at Large A �o r�:t? Q •: ANGGIE BRIDGES ANY COMMISSION # Fr' -76149 EXPIR_S: Agri! 23, 2020 Bonded Thru Notary Public; Undelt riVns J; Okeechobee N 107 SW 17th Street Okeechobee, Flori 863-763-31 PUBLIC NOTICE CITY COUNCIL MEETINGS Change In Schedule NOTICE IS HEREBY GIVEN that the regular City Council Meetlrrgg sc uled for Dec 6, 2016, has been postponed to Tues, Dec 13, 7A16, 6 or as soon thereafter as possible, at City Hall, S5 SE 3rd Ave, Rm Okeechobee, Fl- Additionally, the regular meeting for Dec 20, 2016 The public is invited and encouraged to attend. The agenda may be o twined from cityofokeechobee.mm or by calling the Office of the City A ministrator, 863-763-3372 x212. 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 Inciud the testimony and evidence upon which the appeal will be based. In accc dance with the Americans with Disabilities Act (ADA), any person with disability as defined by the ADA, that needs special accommodation to pz ticipate in this proceeding, contact the City Clerks Office no later than h business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any or items to the Council in support or opposition to a copy of the document, picture, video, or item Oty Clerk for the City's records. By: Mayor James E. IOrk 478546 ON 12/2/2016 City of Okeechobee, December 13, 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 December 13, 2016, at U•62-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 to be given by M ers, Executive Director of Real Life Children's Ranch; the Pledge of Allegiance led by Mayor Kirk. em ), owl Ahfhyg( 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 Interim Police Chief Bob Peterson Present - 1_3e",.k)e f)uk Fire Chief Herb Smith Present Public Works Director David Allen Present Finance Director India Riedel Present IV. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Wid M LV1u{o, 40 aopk w d j kLk-)C-1.-to N . N QX,6 C=1 t ak (oAd aAn V. PRESENTATIONS AND PROCLAMATIONS — Mayor A. Present a 20-Year Longevity Service Award to Donald Hagan of the Police Department. On behalf of the City, Mayor Kirk and Interim Police Chief Peterson presented to Mr. Donald Hagan a check in the amount of $250.00 and a framed certificate which read, "in recognition of your 20-years of service, hard work, and dedication to the City, its citizens, and your fellow employees as a Police Officer, Sergeant and Lieutenant from November 22, 1996 to November 22, 2016." �1 OWN Q �ps�Ga oyr� VI. MINUTES — City Clerk ��' A. Council Member moved t se with I approve the Summary of Council Action for the November 15, 2016, r Meetin e November 2016, Special Meeting; second by Council Member VOTE: V ' KIRK — CHANDLER — YEA O'CONNOR —YEA ER —YEA WATFORD — YEA MOTION CARRIED. VII. WARRANT REGISTER - City Administrator A. Council Member 1 �) moved to approve the November 2016 Warrant Register in the amounts: General Fund, four hundred fifty-eight thousand, sixty-eight dollars and fifty-four cents ($458,068.54); Public Facilities Improvement Fund, one hundred nineteen thousand, one hundred fifty-three dollars and sixty-three cents ($119,153.63); Capital Improvement Projects Fund, six thousand, three hundred twenty-eight dollars and forty-one cents ($6,328.41); and Community Development Block Grant Fund (TM L rant), three thousand, six hundred nine dollars and fourteen cents ($3,609.14); seconded by Council Member . Page 1 of 9 VOTE: KIRK - YEA CHANDLER - YEA n_,��^,,uN'a RITTER - YEA WATFORD - YEA MOTION CARRIED. VIII.OPEN PUBLIC HEARING FOR ORDINANCE AD PTION - Mayor A.1.a) Motion and second by Council Members and to read proposed Ordinance No. 1147 by title only regarding Abandonment of Right -of -Way, Petition No. 16-002-AC, submitted by Mr. Carrol Wordl441 Palms LLC — City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE: KIRK - YEA CHANDLER - YEA O'CONNOR - Fn RITTER - YEA WATFORD - YEA OTION CAR IR ED. c) City Attorney to read proposed Ordinance No. 1147 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN ALLEYWAYS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 AND 2 AND A PORTION OF NORTHEAST 3Ro AVENUE BETWEEN NORTHEAST 13TH AND 14TH STREETS, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; 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 /t1� - to adopt Ordinance No. 1147. b) Public comments and discussion. NtffiQ . KU - 0A k&A ,,% tAcA C,� O&t A-\J bV akLc�,t ()6 hoslti Aic3►d,*rre sJit1a` ) Issw WA 9vs pehf�a� U au�u J� — c) Vote on motion. VOTE: KIRK - YEA CHANDLER -YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING AT ? PM Page 2 of 9 IX. NEW BUSINESS A.1.a) Motion and second by Council Members and to read proposed Ordinance No. 1148 by title only and set January 3, 2017 as a final public hearing date regarding Abandonment of Right of Way Petition No. 16-003-AC — City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA BITTER —YEA WATFORD —YEA N CARR D. c) City Attorney to read proposed Ordinance No. 1148 by title only: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 44, 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 /v�, and —M-6—to approve the first reading of proposed Ordinance No. 1148. b) Public comments and discussion. c) Vote on motion. KIRK — YEA RITTER — YEA VOTE: CHANDLER — YEA WATFORD — YEA TION CARRIED.,., - ..__ Page 3 of 9 B. Motion and second by Council Members % and to adopt proposed Resolution No. 2016-11, addressing the Florida Supreme Court's recent decision regarding Workers' Compensation — Finance Director (Exhibit 3). City Attorney Cook read proposed Resolution No. 2016-11 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REQUESTING THE FLORIDA LEGISLATURE AMEND CHAPTER 440, FLORIDA STATUTES, TO ADDRESS THE FLORIDA SUPREME COURT'S RECENT DECISIONS RELATED TO FLORIDA'S WORKERS' COMPENSATION SYSTEM, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA OT10NZARR 8� P Page 4 of 9 C. Motion and second by Council Members (1c ` and to adopt proposed Resolution No. 2016-12 regarding Lake Okeechobee Regional Compact— City Administrator (Ex ibit 4). City Attorney Cook read proposed Resolution No. 2016-12 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING AND APPROVING THE PARTICIPATION BY THE CITY OF OKEECHOBEE INTO THE LAKE OKEECHOBEE REGIONAL COMPACT, SAID AGREEMENT BEING A JOINT EFFORT BY OFFICIALS IN A NINETEEN COUNTY AREA ENCOMPASSING THE NORTHERN EVERGLADES AND THE LAKE OKEECHOBEE WATERSHED TO WORK TOGETHER ACROSS JURISDICTIONAL BOUNDARIES TO CREATE, SUPPORT, AND ADVANCE A COMPREHENSIVE PLAN ADDRESSING ENVIRONMENTAL AND ECONOMIC CHALLENGES ASSOCIATED WITH DISCHARGES FROM LAKE OKEECHOBEE, AND TO DEVELOP A JOINT STRATEGIC PLAN TO SUCCESSFULLY MEET THOSE CHALLENGES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: KIRK — YEA CHANDLER — YEA O'CO NIA nR — Y —A RITTER — YEA WATFORD — YEA MOTION CARRIED. r R- -Q�l y /)ato B-Uu tantjD ry, l��erno,�,aQ CbP'q- att-t`L dcL"r� . Page 5 of 9 D. Motion and second by Council Members and to approve Contract Amendment No. 1 for Lynch Paving & Construction Company in the amount of $4,054.70 and extend the contract for 196 days for final closeout — Public Works Director (Exhibit 5). VOTE: KIRK — YEA CHANDLER — YEA iEfl, RITTER — YEA WATFORD — YEA MOTION CARRIE ow- yu I /moll Page 6 of 9 E. Motion and second by Counc 1 Members MO and �� % to approvethepurchase of a Pierce Saber Rescue Pumper Fire Truck in the amount of $412,507.00, based on the Florida Sheriffs Cooperative Bid — Chief Smith (Exhibit 6). VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA TION C �� - �, coo �c�• Ir�r Ci�/11.rn�,v� �� fJ �- �t,�. Ciao cum tt�o F�LtD� - ¢(ad, 6t0 -AGI At Way lv-,� `de'0xtLeVcA6 mph- pa� ate-, vduue not /6/�, rnoc� IffiuSzo-N- R66, 4- " h did a gda/- J-A', Page 7 of 9 F. 2016 City General Elections - City Clerk 1. Present the Conduct of Elections Report (Exhibit 7). 2. Motion and second by Council Members M 0 and _4) o accept the Certificate of the Okeechobee County Canvassing Board for the Non -Partisan 2016 Election Canvass Returns (Exhibit 8). VOTE: KIRK — YEA CHANDLER — YEA O'CON — YEA .. ___ RITTER — YEA WATFORD — YEA OTION CARRIED. 3. Motion and second by Council Members boand to adopt proposed Resolution No. 2016-10 regarding 2016 City General Election Results for City Council Members Monica M. Clark and Michael G. O'Connor (Exhibit 9). City Attorney Cook read proposed Resolution No. 2016-10 by title only: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTY CANVASSING BOARD FOR THE 2016 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO BE HELD BY MONICA M. CLARK AND MICHAEL G. O'CONNOR, AS ELECTED CITY COUNCIL MEMBERS; PROVIDING FOR THE CITY CLERK TO ISSUE CERTIFICATES OF ELECTION, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: KIRK — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA WATFORD — YEA ON CARRIED. y q. Cxh,��ti� fD so -pp" Y-Ga Dom- IU,u,�e�. 4t) PU+.O;. h� `7�R�.C; �� ' Co�oi�� zvsv� de,d" U.�'e�o%a�e� � � ra�c�%,�c�ie� Y-iuP Canc.�v ofE}x- � hawdd1Cf1u"A4 Ym 6x 4a,o w� drovq sPw, � old i,uo(�v+u�d ��-e-�- ^Der' lwd MarP �Cw� 0VJ • n) -p0,we& . ��j �� Page 8 of 9 � � W(7'�'�F'/Y rt.¢cd � et,��ze� l�.e��' F-c� OPJoS e (den P,,Q01- (. - OdS Pu f G. Recognize Mayor James E I irk for his Outstanding Leadership and Years oervice, January 1, 1989 through January 2, 2017. X. ADJOURNMENT - Mayor �y There being no further items on the agenda, Mayor Kirk adjourned the meeting at Page 9 of 9 CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 DECEMBER 13, 2016 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER — Mayor: December 13, 2016, City Council Regular Meeting II. OPENING CEREMONIES: Invocation given by Executive Director Mark Mayers, Real Life Children's Ranch; 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 Fire Chief Herb Smith , Interim Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel Y IV. AGENDA — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present Police Lt. Donald Hagan with a 20-year Longevity Service Award. December 13, 2016 PAGE 2 of 4 VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the November 15, 2016 regular meeting and the November 22, 2016 special meeting. VII. WARRANT REGISTER A. Motion to approve the November 2016 Warrant Register — City Administrator General Fund $458,068.54 Public Facilities Improvement Fund $119,153.63 Capital Improvement Projects Fund $ 6,328.41 Community Development Block Grant Fund (TMDL Grant) $ 3,609.14 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1147 by title only regarding Abandonment of Right -of -Way, Petition No. 16-002-AC, submitted by Mr. Carrol Word/441 Palms LLC — City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1147 by title only. 2.a) Motion to adopt Ordinance No. 1147. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING December 13, 2016 PAGE 3 of 4 IX. NEW BUSINESS AA.a) Motion to read proposed Ordinance No. 1148 by title only and set January 3, 2017 as a final public hearing date regarding Abandonment of Right of Way Petition No. 16-003-AC — City Attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1148 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1148. b) Public comments and discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 2016-11, addressing the Florida Supreme Court's recent decision regarding Workers' Compensation — Finance Director (Exhibit 3). C. Motion to adopt proposed Resolution No. 2016-12 regarding Lake Okeechobee Regional Compact — City Administrator (Exhibit 4). D. Motion to approve Contract Amendment No.1 for Lynch Paving & Construction Company in the amount of $4,054.70 and extend the contract for 196 days for final closeout — Public Works Director (Exhibit 5). E. Motion to approve the purchase of a Pierce Saber Rescue Pumper Fire Truck in the amount of $412,507.00, based on the Florida Sheriffs Cooperative Bid — Chief Smith (Exhibit 6). F. 2016 City General Elections — City Clerk 1. Present the Conduct of Elections Report (Exhibit 7). 2. Motion to accept the Certificate of the Okeechobee County Canvassing Board for the Non -Partisan 2016 Election Canvass Returns (Exhibit 8). 3. Motion to adopt proposed Resolution No. 2016-10 regarding 2016 City General Election Results for City Council Members Monica M. Clark and Michael G. O'Connor (Exhibit 9). December 13, 2016 PAGE 4 of 4 IX. NEW BUSINESS CONTINUED G. Recognize Mayor James E. Kirk for his Outstanding Leadership and Years of Service, January 1, 1989 through January 2, 2017. X. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk 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. ` v ; ♦ �r ..•'.�' _' �; yes i r ♦ V.:»:r �� 'I rr ♦ a'-o r . I • �.�;•i �� a I r ♦ 1>p"i'ryj!!;♦♦, , . �� ` i►./I.✓:t -♦•�.�i a`\ o��•�.Irvuii►lui1n•1i�n�`rer►'`'- r��:.,'i<!!,��!♦;� ♦,•! � !�~.►, rrr � `' ♦��•rr!. ;.\�a �^+�Iituuuun ► 'ia.i iiwu'♦k.I`►�`+►, ;�!,*!a � /. �! ; •�/I:�. ��♦�•�,'a�a`p�; �.�ilI►•ni►.aiJr.ir iN.'u�►rr f 4rap:•'j!*'• '`:�`,� a' rri /'�''+.��i7d►i»p,a�a , WI►.r►u. s/winOr/n et /!!•♦. a``:, a yI��/rrKAiiiut;: ni � JONALD L. HAGA In Recognition of your 2® Keel cif Service_ Hard Wnrk and Dedi 4. ♦ ♦ - 1ta r flnrl 141pxo3 M�u� Pq Cit of Okeechobel Office of the City Clerk December 8, 2016 Mr. Donald C. Hagan 503 Southeast 6th Street Okeechobee, FL 34974 Dear Mr. Hagan: WOW, what an accomplishment, 20 Years of Service! It is with great pleasure that the Mayor and Council take time during the December 13, 2016, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and a monetary award of $250.00. It is an honor for me to have the opportunity, along with the Mayor and Council, to extend to you, in most sincere good fellowship, "Congratulations, "YOU have made a difference in the community by YOUR dedication to the City all these years. Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they, too, may share in this special occasion. Sincerely, Lane Gamiot , CIVIC City Clerk/Personnel Administrator LG/bj Ecopy: Interim Police Chief Peterson 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 KEY TO THE CITY Presented To r.91V - a r' WHEREAS, Mr. James E. Kirk began his municipal public service career in October of 1980, serving for three years on the City of Okeechobee Planning Board and Board of Adjustments and Appeals; and WHEREAS, on November 8, 1988, the City of Okeechobee held a General Election for the purposes of electing two City Council Members with four candidates running. Mr. Kirk received the highest number of votes, by 282 votes, one of the largest spreads between candidates in the City's history. He was declared an elected City Council Member, first term being from January 1, 1989, through December 31, 1992; and WHEREAS, Council Member Kirk was re-election thereafter, in City General Elections held in November of 1992, 1996, 2000, 2004, 2008, and 2012, during which he received the majority vote three out of these six Elections; and WHEREAS, on January 7,1991, CouneiI Member Kirk was appointed Mayor by the City Council to serve a two- year term, and has since been reappointed for thirteen consecutive terms, making him the longest serving Mayor in the history of the City of Okeechobee; and WHEREAS, during the course of his term in office, Mayor Kirk willingly served as a Liaison for the City of Okeechobee to the Juvenile Justice Committee, the Okeechobee County Healthy Start Coalition Board, the Central Florida Regional Planning Council, the Workforce Regional Development Board, the Treasure Coast Regional League of Cities -Executive Roundtable, and the Shared Services of Okeechobee -Executive Roundtable; and WHEREAS, Mayor Kirk has attended 370 of the 402 meetings held by the City Council. In 1998, he was the recipient of the American Hometown Leadership Award from the National Center for Small Communities and donated the $1,000.00 to initiate a Main Street program for the City. He was instrumental in the Downtown Redevelopment Projects and the formation of the Okeechobee Utility Authority. By his guidance City Council meetings and the annual budget review process became streamlined and more transparent. And he will be known as the Mayor who "Lights the Lights" with Santa every year; and WHEREAS, the City has accomplished many projects under Mayor Kirk's leadership, receiving over $5.8 million in several Federal and State Grants for the beautification of the commercial areas along North and South Park Street's and Flagler Parks, the development of a 150-acre City Commerce Center as well as other infrastructure and equipment improvements. He lead the City through the adoption of the Comprehensive Plan, Land Development Regulations, the perfect Sign Ordinance, and four annexations resulting in the City Limits expanding by approximately 250-acres. NOW, THEREFORE, after serving 28 consecutive years with the highest integrity and dedication, the City of Okeechobee proudly recognizes James E. Kirk, for his service and outstanding leadership by honoring him with a KEY To THE CITY. Presented this 13th day of December, 2016 �.Clew*1Memb Dowling R.Watford, Jr., Council ember Noel Chandler, Council Member Michael G. O'Connor or ATTESI(�40/i��O.Mh�E Gary Ritter, Council Member Lane Ganuotea, CAC, City Clerk Exhibit 1 ORDINANCE NO. 1147 — Dec 13$ 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN ALLEYWAYS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 AND 2 AND A PORTION OF NORTHEAST 3RD AVENUE BETWEEN NORTHEAST 13T" AND 14T" STREETS, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; 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. 16-002-AC from Mr. Carrol Word, Registered Agent of 441 Palms, LLC, for the closing of certain alleyways and a portion of a certain dedicated right-of-way as described in this ordinance; and WHEREAS, the Technical Review Committee for the City of Okeechobee reviewed and discussed proposed Petition No. 16-002-AC at a duly advertised public meeting held on September 15, 2016, and recommends approving with the following conditions: Proposed development to adequately address Off -site Concurrency Impacts; Proposed development to adequately address sufficient access to the City/County drainage easement along Northeast 14t Street and/or roadway access to the North and/or South; That easements be granted to Florida Power and Light, and the Okeechobee Utility Authority as requested within the Petition materials; and lastly, a notation that the North to South alleyway in Block 2 is NOT included within the Petition; and WHEREAS, Petition No. 16-002-AC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on October 20, 2016, determined such petition to be consistent with the Comprehensive Plan and recommends approval; and WHEREAS, the City Council reviewed Petition No. 16-002-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 alleyways and right-of-way described hereafter is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: A FIFTEEN FOOT WIDE ALLEY RUNNING EAST TO WEST, BETWEEN LOTS 1 TO 4, AND 5 TO 8 WITHIN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH A FIFTEEN FOOT WIDE ALLEY RUNNING EAST TO WEST, BETWEEN LOTS 1 TO 10, AND 17 TO 26 WITHIN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF A SEVENTY FOOT WIDE RIGHT-OF-WAY KNOWN AS NORTHEAST 3RD AVENUE LYING BETWEEN THE NORTH BOUNDARY LINE OF NORTHEAST 1317H STREET AND THE SOUTH BOUNDARY LINE OF NORTHEAST le STREET, AND SITUATED BETWEEN BLOCKS 1 AND 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST Ordinance No. 1147 - Page 1 of 4 OF TAY k CREEK, ACCORDING TO THE PLAT THEREOF AMECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over a portion of the alleyway located in said Block 1, and including portions of Lots 1 and 8 of said Block 1, and a portion of abandoned Riverside Drive, as set out in the following legal description, and survey attached as Exhibit A of Ordinance No. 1147: A STRIP OF LAND 15.00 FEET IN WIDTH FOR UTILITY PURPOSES, BEING THE EAST 15.00 FEET OF LOT 1 AND 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE EAST 15.00 FEET OF LOT 1 AND 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 89°56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 00°00'00" EAST ALONG THE EAST LINE OF SAID BLOCK 1, A DISTANCE OF 315.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89°56'20" WEST ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING. SECTION 3: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: Effective Date. This ordinance shall be set for Final Public Hearing to be held on December , 2016, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of November, 2016. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this _ day of December, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1147 - Page 2 of 4 ORDINANCE NO. 1147 - EXHIBIT Pc EXHIBIT "A" SHEET 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A STRIP OF LAND 15.00 FEET IN WIDTH FOR U71UTY PURPOSES, BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 00'00'00" EAST ALONG THE EAST LINE OF SAID BLOCK 1, A DISTANCE OF 315.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89'56'20" WEST ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00'00'00" EAST, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING. PROJECT SPECIFIC NOTES: 1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH BOUNDARY LINE OF BLOCK 1, ALSO BEING THE NORTH RIGHT—OF—WAY LINE OF NE 13TH STREET, TAKEN TO BEAR NORTH 89'56'20" EAST. 3) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS —OF —WAY OR ABANDONMENTS. 4) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5) REPRODUCTIONS OF THIS DRAWING ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. KENNETH A. BREAUX, JR., PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4820 (LB NO. 8097) SKETCH OF DESCRIPTION PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE I BY CK PREPARE EXHIBIT 01/08/07 WC KAB FB Pc: N A SCALE: N A WG No: 30153—EASE JOB NO: 30153 TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763-2887 Fax: (863) 763-4342 Email: kab.twps®yahoo.com Ordinance No. 1147 - Page 3 of 4 EXHIBIT "A" SHEET 2 OF 2 NE 14TH STREET (UNIMPROVED) 70' R/W 11VO(1"1.i�L.R1 _ _ _ WE, CORNER OF I� N. UNE OF BLOCK i r Ioi LOT 1, BLOCK I I I I i 131 I INI � 10 000I SCALE IN FEET I 4 3 2 1 I N I MAP SCALE: 1 INCH - 50 FEET INTENDED DISPLAY SCALE NOTE: THEI EAST UNE OF BLOCK 1, CITY OF = I OKEECHOBEE (PLAT BOOK 5, PAGE 5) DOES NOT HAVE o I I ENOUGH NFORMATION ON SAID PLAT, SO BLOCK 1, WAS SURVEYED BASED ON PLAT OF OKEECHOBEE FLA Z. I Z i of OF RIVERSIDE DRIVE AND ADJOINING PROPERTY y SURVEY r I o I W O I N WEST OF TAYLOR CREEK (PLAT BOOK 1, PAG£ 22) O 2:O "+ z W I� �I:g 3 r%T I M I M �wr-WIL,J ij —I poi to��s I ool to m Iz� =1= INI 3 I I I EA1 T CITYOFNOKEECHOBEE �-- (PLAT BOOK 1, PAGE 11, ALSO BEING THE EAST 5 6 7 B I O I UNE OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1. PAGE 22) IWI INI I ICI P.o.�.l I I Z S.W. CORNER P . ❑ . B . I I OF BLOCK I 5. LINE OF BLOCK 1 _ N 89'56'20' E 185.00' T S.E. CORNER OF LOT e, BLOCK 1 LEGEND: (BEARING BASE) P.O.B. = POINT OF BEGINNING n P.O.C. = POINT OF COMMENCEMENT \ NE 1 3TH STREET (GRASS ROAD) 70' R/W SKETCH OF DpSCRIPTION �E PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE BCK PREPARE EXHIBIT 01 08/07 [:!YqKAB FB/PQ N/A SCALE: 1 = 50 we NO: 30153—EASE I JOB No: 30153 �TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 783-2887 Fax: (863) 763-4342 Email: kab.twps®yahoo.com Ordinance No. 1147 - Page 4 of 4 .� rn 7915* Staff Report Alley and Right -of -Way Abandonment Prepared for The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16-002-AC °Planning & lanagenient Services, Inc. 137i Jackson Street, Suite 2W Fort Ncers. Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report "aw Applicant's Aame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. Request The matter before the TRC is an application to vacate/abandon the 15-foot wide alleys in Blocks 1 and 2 and the platted but unimproved 70-foot right-of-way of NE 3rd Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.76 acres 441 Palms, LLC Owner 1080 SE 23rd Street Okeechobee, FL 34974 Carrol Word Agent 1080 SE 23rd Street Okeechobee, FL 34974 The east -west alleys in Blocks 1 and 2 and the Site Address platted but unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets. Contact Person Stephen L. Dobbs Contact Phone Number 863-824-7644 Contact Email Address sdobbs@stevedobbsengineering.com Le al Description of Subject Property THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE EAST WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14TH STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. _. _:,, 2 Serving Florida Local Governments Since 1988 Staff Report Applicant's RT"ame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3rd Av. Existing Future Land Use A small portion is Commercial; the vast Map Classification majority is Single -Family Residential Zoning District A small portion is CHV; the vast majority is H, Holding Use of Property Vacant, unimproved alley and R/W Acreage 0.76 acres Proposed Commercial CLT, Light Commercial Medical/Dental Offices 0.76 acres The subject of the abandonment/vacation is the 15' by 512.50' vacant, unimproved alley in Block 2; the 15' by 200' vacant, unimproved alley in Block 1; and the 70' by 315'; unimproved right-of-way of NE 3td Avenue between NE 13th and 14th Streets. The property owner, 441 LLC, owns all of the lands to the north and south of the alleys (all of which are vacant), except the two southwest most parcels located immediately south of the alley in Block 2. The southwest most parcel owned by Muzaffar Husain, Trustee, contains a 2,240 square foot building listed as a professional office. The property immediately east of that parcel, is vacant and owned by Suraiya Hussain, Trustee. The following aerial photograph depicts the right-of-way proposed to be abandoned and the surrounding areas. We have also included, at the end of this Staff Report, a copy of the graphic provided in the Application showing the ownership pattern after approval of the abandonment/vacation. we �S NV iw CA vt tire_ a �>•�ir _r ...>. -- � _. _ t 3 Serving Florida Local Governments Since 1988 Staff Report `` Applicant'sMame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. 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. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in segoe Privet. REQUIREMENT 1 STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. TAere is notG6ng in tAe City's CompreAenslke "Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedi- cated or required for a transportation or utility use (9J-5.0033 F.A.C.) Since the alleys have no current uses nor any foreseeable uses, they would meet the requirement of abandonment. NE 3`d Avenue has no outlet to the north since the City Limits Ditch is to the north and north of the City Limits ditch is a pri- vate nursing home who would have no interest in private traffic traversing their property." Plan concerning abandonment/vacation of alleys or road rigtits-of-way. Ttie surrounding property owned by 441 LLC is designated Single -Family Residential on tAe Future Land Use Map and & i�t tAe process of a Small Scale Amendment (SSA) to designate it as Commercial. Ttie anticipated medical oFf ce use is consistent witA a Commercial Future Land Use designation. TAerefore, 1;'tAe Future SSA is approved, subsequent use of tAe 441 LLC property and tAe subject property to be abandoned/vacated will be consistent with Citys Comprehensive Plan. 2. Right-of-way to be vacated is not the NeltAer tAe alley nor tAe rigAt-of=-way of NE 31d sole access to any property, and the Avenue provides tAe sole access to any property. remaining access is not an All properties abuttivtg tkt alley and tAe rigGlt- easement. of -way of unimproved NE 3r1 Avenue Dave "This request meets this standard." veld ular access afforded from NE 13tti Street 1,-,. 4 Serving Florida Local Governments Since 1988 Staff Report %W Applicant's* °ame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE Id Av. REQUIREMENT I STAFF COMMENTS 3. Proposed vacation is in the public interest and provides a benefit to the City. "The existing alleys and NE 3`d Avenue ROW are currently unused and have no immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is required to maintain and return the land to the tax rolls." 4. Proposed vacation would not jeopardize the location of any utility "Since there are no utilities in the exist- ing alleys or NE 3rd Avenue ROW there is no jeopardy to any utilities. There is a potential water main to be installed in the existing NE 3`d Avenue ROW, but that right is proposed to be protected by a proposed easement in the limits of the existing ROW." We agree with the Applicants assessment of'the public benefits associated with abandonment/ vacation of the subject alley and street rights -of - way. However, the City Administrator has since expressed concern over the abandonment of NE 3rd Avenue at this location. He tias stated that the proposed SR 710 by pass may come in at 14tti Street. /f'so, this may be the only potential location within the City to provide a connection to the by pass Consequently, tie tias since sug- gested deferring the abandonment of NE 13tti Avenue between 13tti and _%-0 Streets until it tias been determined that this connection would be unlikely or unnecessary. The Applicant has submitted a Letter of No Objection From CenturyLink and a signed Utility Company Authorization Form from FPL. On this form FPL noted that upon e%sing it will need an easement for a powerline in the NE 3rd Avenue ROW. Therefore, it would be necessary For the owner to provide easements in the NE 3rd Avenue ROW For OUA s water main and FPL's power line. 5 Serving Florida Local Governments Since 1988 low Staff Report Applicant'sMame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE Id Av. Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment is consistent with the require- ments of Sec. 78-33 with the stipulations suggested by the TRC at its meeting on September 15, 2016, which read as follows: 1. Proposed development will adequately address Off -site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City/County drainage easement along Northeast 14th Street and/or roadway access to the north/south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition; However, we do find the requested vacation/abandonment of NE 3rd Avenue may not, at this time, be in the City's best interest and should be denied and deferred until it has been determined that the connection to the proposed 710 by-pass is unlikely or unnecessary at this location. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management October 24, 2016 (Rev.) TRC Meeting: September 15, 2016 PB/BOA Meeting: October 20, 206 City Council 1st Reading: November 15, 2016 City Council 2nd Reading and Public Hearing: December 16, 2016 ki Serving Florida local Governments Since 1988 0 Staff Report Applicant's IGame(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE Id AV. i" a:bP,Mutor r r i -_ LLC s i MuzaNar Sura"rya '' '•:«•,"�• �'::••"'�• �, ::. :.. 1. i � . Husain. Husain, ,. ' ., .• .. _ ._. Trustee Tnistmi ...—.-. ea;. -1 &h 7 Serving Florida Local Governments Since 1988 PAGE 1 ABANDONMENT OF RIGHT-OF-WAY PETITION C17Y OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 218 Fax: 863-763-1686 PETITION NO. 14-0-Ab Application fee (non-refundable) Date Fee Paid: Receipt No: q M 4 TRC Meeting: Q - 1 5-16 Publication Date: Letters Mailed: NIA $600.00 Note: (Resolution No. 98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and P13/130A Meeting: I Q_ ao_ J Publication Dates: Letters Mailed: 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 a tu�l costs. '(eta i'' ,g� City Council lsc Reading: CMR Letter E-mailed: City Council Public Hearing: Ja_b_ J�Publication Date: 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: See attached page for legal description. 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: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. 441 Palms, LLC Abandonemnt Legal Description THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. THE EASTE WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14171 STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PAGE 2 PETITION N0. of property owner(s): 441 Palms, LLC MName Owner(s) mailing address: 1080 3rd StFe t 6E20,MNreeF Owner(s) e-mail address: csoword90@gmail.com Owner(s) daytime phone(s): (863) 610-5913 Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the_rightof`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 f INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) ✓ Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) ✓ 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) 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. Carrol Word �,� 2vA Date Signature Printed Name 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: 1#Pro osedvacatton�is consistent with temhe;Com rx��-'50 ' e, Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or require or a transportation or utility use. - nice the alleys have no current uses nor any fbiseeable uses, ,uirenient of abandonment. 14E 3id Avenue has no outlet to the.—.11 Since the City, I imit-z l�Z'ig't"n,-th"e,-n-o,r,t,h,-a'n'rI north ofthe City I imits ditch is a private nursing home wbo would have no interest in private traffic traversing their property. -4,.,scs` `n _ :q4:s``.': t2 nRi .ht of�watoibe�racatedisno�tthesoleaccessto�ans y -ro, �ert ,andtheiremanmG �5z'-"Frc'E*F'ri -u �'1`�{� accessssnotan�ease_me_ntt_.._ ..# .f,tr i,_ ��t..x_... ,xn_,. U }.>�«_h This request meets this standard. _ 3�1?ro nosed �acation`�is n the, _ub'hc rnteresdt,andff �r4ov des a benefit�to the'` ., The existing alleys and NE 3rd Avenue ROW are currently unused and have no immediate or future use. This is in the public interest and a benefit tote City to remove the existing Rights of Way. This will reduce the land the City d to inallitain and rt�turn the land to the tax wils. �4�''� ' _ -_ o - _� mot eo, yardize location of any utili , '` - Since there are no utilities in the existing alleys or NE 3rd Avenue ROW there is no jeopardy to any utilities. There is a potential water main to be installed in the existing NE 3rd Avenue ROW, but that right is proposed to be protected y a proposed easement ro the limits of the existing ROW. 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). III{III IIIIIIII�` �'I IIIIIIIIIIIIIIIIII FILE HU`W2014G003918 OR BK 774 PG 274 StiAROH 111111111, CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:59:20 Ph AlITPrepared by and return to: RECORDING RDING FEES JOHN D. CASSELS, JR. RECORDING FEES f00 DEED DOC $2,100.00 Partner RECORDED BY 11 Pinon CASSELS & MCCALL Pss 274 - 275; (2 pss) 400 NW 2nd Street Okeechobee, FL 34972 863 763.3131 Fife No.: 16-894b Parcel identification No. 3-16-37-36-0010-00020-0060; 3-1"7.36-0D10-00010-0010;3-16-07-36-0010-00010-0060; 3-16-37- 36-0010.00020-00230; 3 16-07-36.0010-00020-0210; and 346-07-36-0010-00020-0010 'Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address Is 12138 Dledra Court, Orlando, FL 32826 of the County of Orange, State of Florida, grantor', and 441 PALMS, LLC, a Florida limited liability company whose post office address is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee, Witnessetb that said grantor, for and in consideration of the sum of TEN AND N0i100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid bysald grantee, the receipt whereof Is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1 to 8, inclusive, Block 1; Lots 1 to 10, Inclusive, Block 2; and Lots 21 to 26, Inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 6, Page 6, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • .Grantor' and Grantee are used tor3ingular or plural, as context requires. In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witn s N e: AASMLnAHMAt� zE1Ni Witness Name: r Wi ss ft ee: AAOE{-RAHMAN YE rNI y✓ 1 ' Witness Name: S • /�") __:- SURAIYA HUSAIN, individually and as Trustee MUZAFFAR HUSAIN, individually and as Trustee Book774/Page274 CFN#2016003918 Page 1 of 2 EM State of Florida County of The foregoing instrument was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8,1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who [ j is personally known or �] has produced _ Y[, j� L- as identification. , [Notary Seal] Notary Public Printed Name:P,�LSS_ My Commission Expires: z jig Book774/Page275 CFN#2016003918 Page 2 of 2 b 0 This b-tri-leat P=P-1-d BY AiA Return to: Tom W Conely, in 207 N.W. Second Street Okeechobee, Florida 34972 Property Appraisers Parcel 11D#: Grantee's SS#: D o'U a to y St M.pip;rldyInz6thooflOunt0t A PleikoVcj,cultC%. data 3©2 ME 352 WARRANTY DM) THIS WARRANTY DEED Made"the 25t: diiyofJulylgB6,byTHENORTRAMEWCAN ISLAMC TRUST,'a non-profit corporation existing tinder the laws of the State of Indiana, and having its principal place of . business at 2622 Fast Main Street, Plainfield, Indiana 46169, hereinafter called grantor, to MUZAFFAR HUSAIN and SURAVIA HUSAIN, his wife, whose postoffice.address is 160 N-B.'13th Street, Okeechobee, Florida 34972 hereinafter called grantee: (Viherever used herein the terms 'grantor"a tee" include 0 the parties to . this instrument and . and "gran the heirs, legal representatives and assign of individuals, and the successors and p8sign of corporations). WFINESSETEE That the grantor, for and in . consideration of the sum of $10.0. 0 and other bargains, ens, valuable considerations, receipt whereof is hereby ticknowledged, hereby. grants, bar sells, 6H 'remises, releases, conveys and confirms unto the grantee, all that certain land situate is County, Florida, viz: C3 Lots 16, . 16,17, and 18 of Block 2, CITY OF ORBECHOBBE, according to the plat thereof 03 - Florida - _ rerecorded in Plat Book 6, page 6, public records of Oke&chobee County, J. C' E= >&= E! 12 E TOGETHER -with all the tenements, hereditanients, and appurtenances thereto belonging or in 22 anywise appertaining. 'ZR c-, 2 To HAVE AND TO HOLD, the e le forever .0L same in fee simple AND the grantor hereby covenants Uth said grantee that the grantor. is.lawfully seized of said C-1 land in fee simple; that jthe grantor has good right and loviful authority to sell and convey said land; -that ' a E c. the grantor hereby fully warrants the title to said . d land andwill defend the same aginst the lawful claims of all personas whomsoever; and that. said land is free of all encumbrances, except taxes accruing"E > restrictions and easements of record, if any, which subsbquent to December 31, 1995, and reservations, 1-- CXUP Dare not -reimposed hereby. IN WITNESS VIEnMMF, the grantor has caused these presents to be executed in its name and o its corporate deal to be hereunto affixed by it proper officers t1i ereunt duly authorized the day and year first'above written. ntTT M" A?AVQT0A7JjqTAVfr.TR1!JST, INC. THE N 0 0� 382 Pact 353 STATE OF INDIANA COUNTY OF OM_'MARIOft I EDE2 S CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personal(yappeared M. NAZIRUDDIN ALlknown• to me to be the Secretary of THE NORTH AMERICAN ISLAMIC TRUST, INC., the corporation in whose ' name the foregoing instrument was executed, and that he acknowledged executing the anme for such corporation, freely and voluntarily, under authnrityh duly vested in him by said corporation, and that the Beal affixed thereto is the true corporate seal of said corporation, and that he ins personally known to me. 'WITNESS my band and official seal in the County and State lest aforesaid tliis.Z5-tllay of July, 18B8.. ` f Notary Public'B Sign e Rnbauddin A Bade' Notary's printed name My Commission Expires: October 8, 14 4 fc. - . (Nosy Sea)) a . -d 9 ' p ,I', BGGK 3�� PACE 3.5� . ':30R Bk Pg 30S;ro- Ornnpa Co FL 4714M .•p pp{�j ippl••�M�pylg{u�.t'•N�p�QpO�K'LM7• iM KYL=1(� • per• - rye- p_ THE NORTH AtlVYE PICA! V ISLAMIC ��' .��09• 1096D W. Washtnglon Slroal o Indlanapolts, Indiana 46231 o lot: (3M B39.9246 o Fax: (3M 639-2511 TO 1•►HOH IT HAY CONCERN RESOLUTION OF THE BOARD OF TRUSTEES In a meeting of'the Board of Trustees of.ThQ North`Americni► Islamic. Trust; Inc., (NAIT) hold on Nay 2, 1992 tho Board unanimously resolved' -that t . "The Gsrieral Noneger.of The North American Islamie- Trusti Ina., (NAIT); Hr. N. Naziruddin Ali is horoby authorized to exeaut6 any nvoeseary.iioaumento required -for the sele,or purchase of nny•investment•real eotote- of.-The North: American Islnmio jirust, Ina. such. as' y •Aupnge •Property. Breinentoan• Townhomeo Project,' . Fairfield Court Partnership Project, and Dr. Hugsoin Clinic. rbal vgtotv.:° Bas©am-Osmon, - Chairman- H: •Haziruddin 'Ali, Sooretory. BAIT Board of .Trustees HAIT Board-of•Truotoem d :State of Indians County ,of Marion y *.Subscribed' ond. svorn before me this 14th day of December, Babauddfn. Lade: Rotary -Public Hy commibo:fon ,dxpires: October B, 1996 ' I certify that this is a true and exact copy of the original. FILED FOR ItKORl; Ak OKEECIIMEE CO. iI. �� Q- Bahauddin Bade 2 8 6 5 9 7. 96 SEP —5 Afel e. Oglotary Public My commission exp AR 'EB; `.iC996 •�.� ': .� County of Reaidenc�.faC IT COI!,. - •(tea=•wcc�il . A •' Ilium la: (ndme wlhaddnucd Weptd t... 1-9 ) Chester B. Griffin, ,. P. 0. Box 1270 Add"': Ft. Pierce, FL 34954 Tb6 lartW-al Pnepand br: - ,,m,.Chester B. Griffin, Esq. of Will Griffin Jeffries & Lloyd, Chartered Add "311 So. Second Street Ft. Pierce; FL 34954 hap,ny Apynn,n Nmd Ide,tinadon Poll. N,eb,d,): onnedelsS.a D) . WARRANTY DEED RWCOTORMDI 1NDMMIOa{OMD. B Kf� 176 9 O $ SHA�OfICIR UIT COU: CLERK -no•,uniontaty Scamps paid In the amount Of ::IelkotC1tCUll ult dc•`- SPACE A13OVETHIS LINE FOR PROCESSING DATA . SPACE ADDVETNIS tmE FOR RECORDING DATA ` 4is PurrunfU P Elba Made file 8tb day of MY , 19 96 , by MUZAFFAR HUSAIN and SURAIYA HUSAIN, his wife hereinafterrrcalled thed'G�rantor, to SURAIYA HUSAIN as Trustee of the- Surat a Husain Revc&3bl T1v�ivosetpvtt a fee atddress is n '<r nth Stypet. Oke�,hot+� ' FL 34947 hereinafter called the Grantee ' .. (Marever used herein the farms •Omnlef and'Onnloe Indude'a1l the "I'll", to this lnenument and the heln. leael rapteeentiwal. and aretane of lndMlduels. and the successene and all'sne of eorpontlons, wherever the context ao edmlts or squeal.) - Xiinesoelh, That the Grantor, for and in 'consideration of the slim of $ d 0, 00 and other yaltiable considerations, receipt )whereof is hereby acknowledged,' hereby grants, bargains, sells; aliens, remises, releases, conveys -arid confirms unto the Grantee all that certain land, situate in Okeechobee County. *State of FlcZ7 ida - ,•viz: ' Lots 6-10, inclusive, Lots 19 and*20, and Lots 23-26, inclusive; Block-2, Lots :11---14, inclusive, Black 15; Lots 1-11,•inclusive, Block 16, all in City of - Okeechobee, according to the -plat thtireof recorded in Plat Book 5, page•5, public records of Okeechobee County, Florida.. SUBJECT to restriodtions, reser- vations and easements, if any, of record. Grantor -confers on the Trustee the power and-authority.to protect, conserve, sell or lease, encumber or otherwise to manage and dispose of:the real.property des -bribed bereinabove,'includibig but not limited to -all powers listed in Florida -Statutes 689.071. (?together, with 'all the tenements, heredinrments and appurtenances hereto belonging or in arrylvlse. appertaining. (ltri pabe anh, to 'Polb, fire same in fee simple forever. ' a Anb the Grarhtor 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 laid -land. and hereby warrants the title to said -land and svill•defend tlte'same against the lawful claims of all persons whomsoever; and that said land is free of all eiucumbrances, except taxes accruing subsequent io December 31, 19 95. '. 'oJn Pitness fflhereof, the said Grantor has signed and sealed these presents the -day and year first above written. Signed, sealed and deliveried in the presence of. ` Wilma. slrn,tut. jeer. r Ir." Onnlor slpnxture '• Chester iffin Muzaffar Husain B. . Pdn tame Pd.nd Neme - 0,�/ , .150 N. E. 13th Street, Okeechobee, FL' 34 74' -• Wnnae sipmmr .a to Drn Grmmq Pon Olhce Addict, Mary van der Lugt Pelnud Nemc - •\(�/ Wis.— slr,•mre let Ia ea•G—l.r. It .nrl [e•Onmor Sipext.n. .r e,yt . Suraiya Husain P,latad Wme Prinnd Nemc 150 N F 13th St Okeechobep, Fit 34974 w{mn, sitnn,n a, la cn•oumar. If any) Pan 0111—Addn,. S � Pdet<d Name ' STATC OF FLORIDA' ) COUNTYOFST. LUCIE ) Iherebycerlifythat onthis day. before mc,onorficerdulyouthoCacd Muzaffar Husain and Suraiya Husain,. his w1gadministcr oaths and take acknowledgments, personallyappcaced .y ?r known to me to be the pasun.s described in and who executed the ruresoing Instrument, who ecknowlcdgcd befnre me that thp� executed the some. and anoath was not lakea.(Check one:)KSaidperson($)islarepersonally known tome.0 Said person(s)provided the following n type of Identification: a NOTARY RUBBER STAMP SEAL Witness my Band and official seal in the County and Stale lost aforesaid E this 8thdayGf May A.D.1996. pV 15j i MARY VAN DER Luau nay ,pnemre oef. MYCOMwssl0111CC355562wigs l van der Lugt 9t �:• 'Ai April 7.logo '01C , ne — ''>eFr�,°•: aaixDPwtiTaarfuxrxsuturt.ac. 1o6 10 2016 August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 31" Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3`d Avenue from NW 13" Street to NW 14'h Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, I own the following property: City of Okeechobee lots 99 & 20, Block 2 Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: East-West Alley south of lots 1-10 and north of lots 17-26 in City of Okeechobee Block 2 Signature of Property Owner Suraiva Husain. Trustee Printed Name STATE OF F ,o t PA COUNTY OF The foregoing instrument was acknowledged before me this 1,1?j1 f 20i6 _ (date) by •J who is personally known to me or who produced ri-eR t oA j9A Iy(-R'S L i(04C-as identification and who did .(did not) take oath. (Seal) lam` i ;,�t�t►tesi Aa+t►iel��r Commission No. FF cly %ZQ 1 �' � .- '_°�rFr •�' '% t t may•. �FF9Q8291 .'� (Name of Notary typed, printed or stamped) I:41.1 MUU August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3M Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3r° Avenue from NW 13t° Street to NW 14" Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, I own the following property: City of Okeechobee lots 15, 16, 17, and 18, Block 2 Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: East-West Alley south of lots 1-10 and north of lots 17-26 in City of Okeechobee Block 2 %ic�naufie e,�. caparty Owner Muzaffar Husain, Trustee Printed Name STATE OF ► COUNTY OF OF -Iv{ The foregoing instrument was acknowledged before me this ,' i i� (date) by. --- personally known to me or who produced as identification and who did (did not) take oath. (Seal) -� Commission No. e-cl e�,tttNtiht9tltp�s �� ..��sSip/y • ti ®y �� a �a " �a L IFF a0MI (Name of Notary typed, printed or stamped) ` r •�` 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 siened and dated with a rontact nnmher for earh nersnn. Florida Power & Light f Q L- Ct c, f1f t`�t'k"�i 863-467-3721 or O ¢ r Donna Padgett J� 863 A 67-3708 „�� w t ` k-jl- n �k P-t w if Aut ionized Siguature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess.bentayoCacentut5!linit.cont Authorized Signature Typed Name & Title Phone No. Date Contcast Cable 863-763-2824 107 NW 71hAvenue Authorized Signature Typed Name Viltle Plione No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5ch Avenue 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 -e Cen LuryLlm N LETTER OF NO OBJECTION May 20. 2016 Mr. Steven 1— Dobbs, P. E. 1062 .lakes Way Okeechobee. FL 34974 SUBJECT: PROPOSED VACATE OF NE, 3"" AVE AND Ab,LF.Y IN BLOCK I &ND TWO ALLEYS IN l BLOCK 2, CITY OF OK EEC;>H-0>IBEE, ACCORDING TO THE PLAT THE,REOF IZEC:OR)<➢ED IN PLAT BCyOK 5, PAGE 5, PUBLIC RECORDS OKEECHOIEBIEE COUNTY, ELOIUDA; IIIIN 777252 Dear Mr. Dobbs: Please be advised that Embarq Florida, Inc. D/B/A CenturyLink ("Century -Link") has do objection to the proposed vacation and abandonment of the following: 1. NE 3`' Avenue lying bounded by NE 14`h Street on the North and by NE 13`h Street on the South and lying between Blocks 1 & 2, City of Okeechobee, according to the plat �thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. 2. All of that certain 15' wide alley lying between Lots 1-4 and Lotts,5-6, Block 1, City of Okeechobee, according to the plat thereof rccnrded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. 3. All of that certain 15' wide alley lying between Lots 1-10 and Lots 17-26, Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. l All of that certain 15' wide alley lying between Lots 1 I-16 and Lots 10 and 17, Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County,Florida. All being more particularly shown on the attached sketch. Should there be any question-, or concerns, please contact me at 407-814-5318 ox: by email at Victoricl.l,ucl�c:ru;.c�nn.r� link.co;�i. Sincerely, EMBARt FLORIDA, INC., D/B/A/ CENTURYLINK li Victor3 `S. I3ttcher, SR/WA, R/W-NAC, IM-INAC Network Real Estatc C . K. I.,utz, C'enluryLink 33 North Main Street Winter Garden, FL 34787 Tel: 407-814-5318 Victoria.bucher@centurylink.coi ', �VA'J centunrlink.com wu ly! twit i its OUR: hip ! �1 LA: 'JAI t 1. Mew I semi Nu I j Von I ( ) E [ 3z ADZWN T—O 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 tm-bentayo(@centuLryIink.com Authorized Signature Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Typed Name & Title Phone No. Date Typed Name & Title Phone No. Date Okeechobee Utility Authority MC WX Kr jjW I yl< John Hayford n Dlo d o� c i'i O Dltrc c 863-763-9460 YX D 6 oWS 100 SW 5th Avenue J,y'�j Terl % 7 6thorize ign a 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 Century Link 863-452-3473 Tess Bentayou tess.b entayo 0 centu ryl i nk.com Authorized Signature Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Typed Name & Title Phone No. Date Typed Name & Title Phone No. Date 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 lei/TC!`unilCC clfioTivrein Aic Hamrick,�� 7-k .,.,r'T % j r- k %W ti .r % o 60AI r Tl .0-- AZ T Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date & 7:7 X�Le--- UV,X—r-LArdU6 - (LeUUN u V PXUPLR 9 Y-PPR14�SER'S UFFGE G1S/MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER .end —:hMAP, ----- •< v1 ♦5•�� W '�' �` a a, \ � , T 7 . W► PTA vR ♦ x Pa w . ! .. Oit .. w m AN A� - ♦ Y q +' ho - lk - ate' 't - .'.'� .- -" `: • } =#,� ' _ x 1 ... aw. •.� �Fr�T awle.: .ate .iTn.. 4 Yf• ; ,� °'$Fa•` ". 44 , e a. # 1Y ^ >0. t 'k" ox L, 41 APB, Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER N THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION '� AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT Cate: 5/12/2016 " 5 ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON O z n � RU,W 00 CL J ti�iiW� m Wp U� p y4HQi HZ— i.LJ a d o L, B WzaUPlz O O � a i � p� �4ei4o QO F2 W �2�2y g WO�'�OWUR2 (mp pU W Q j 2koQwQp��¢� !jl OO�aQ$w�2 4\ aa Qq��ozoo�Waa'1�� I oyy�w�� pQqw 44s I VI 4jON jO0��00 II1�. ° W� R wU U tiJ e� W�ro °m m Op O W. Uw 1221 �O UO Q ma U� Q �a 00 �4pp1 00 Qt O OW �UU WR �a x� 1 x° S,Z Oj ON Wa pW C3 ph UU - � .,•a •:� iYiOy U4 mp U�� 00 Om N� O 41 O 2 Q O ",2 16 n2 �'p a. 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Cn CD CD ,Y 0 3 O N v T 0 0 0 = m w� m a m v D m m0 3 CD.�v v (D =- 0 6 N D CD n) CD O-0 lG N _ o v o o m cn c0 W = '< W-CD CD d O ) O C7 CD O< (2 0 CD -00 O o' cn�o v Oo ohm 0 o m c°),)� CD o co s '-� o 0 2 CD 0 O m EF T a m -0 m O [U 7 O Cll O y CD CD 0 Co O 0 .0-. CD 00 v 00 �Q ' m 6 O m cn `< 0 COD 0 CD O O S d a 0 C) D D 0) (n m y (7 a) � CD in tS � 3 Z rn o 0 -P. x m CD 0 00 CD c o C�- m W o v G v v S W o CD m o 0 D_ 0 0 ach CCD ' CD m - ov moo (D m CD m CD C1 �o ZTm CD -n MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 15, 2016,10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3,d Avenue Okeechobee, Florida 34974 CALL TO ORDER — Chairperson. The September 15, 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 Fire Chief Herb Smith — Present Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non -Voting Ex-Officio Members: City Attorney John R. Cook — Absent (with consent) 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 April 21, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16-002-AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, CITY OF OKEECHOBEE, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County - Senior Planner. Planning Staff Report: Planner Brisson explained the applicant, Mr. Carrol Word, who is the Registered Agent for the property owner, 441 Palms LLC, is proposing to vacate two alleyways and a portion of Northeast 3rd Avenue in order to join the two blocks into one larger property and develop the area into a 71,200 square foot medical/dental complex. TRC - September 15, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16-002-AC continued. 441 Palms LLC owns all of Block 1 which consists of eight lots, the 15-feet wide by 200-feet long alleyway divides the block in half, Lots 1 to 4 are located on the North half, Lots 5 to 8 are located on the South half. Block 2 consists of 26 lots with two alleyways. The North to South alleyway located between Lots 10, 11 to 16, and 17 is not included with the Petition. The 15-feet wide by 512.50-feet long East to West alleyway located between Lots 1 to 10 and 18 to 26 is included with the Petition. 441 Palms LLC owns Lots 1 through 10, and 21 through 26. Muzaffar Husain owns Lots 17 through 18. Suraiya Husain owns Lots 19 through 20, both have provided the required acknowledgement of no objection to the abandonment. Located West of Block 1 and East of Block 2 is a 70-feet wide by 315.0-feet long dedicated roadway known as Northeast 3,d Avenue. The roadway is unimproved, and the City does not have specific plans to improve the roadway at this time. Excluding Lots 17 and 18, the property is undeveloped. Planning Staffs responses to the required findings are the property is designated Single -Family on the Future Land Use Map and is in the process of a Comprehensive Plan Small Scale Future Land Use Map Amendment (No. 16-003-SSA) to designate it as Commercial. The anticipated medical office use is consistent with a Commercial Future Land Use designation. Therefore, should Future Land Use Map Amendment No. 16-003-SSA be approved, subsequent use of the property and the subject property to be abandoned will be consistent with the City's Comprehensive Plan. Neither the alleyways nor the portion of Northeast 3rd Avenue provides the sole access to any property as all properties have vehicular access from Northeast 13th Street. The public benefits associated with the abandonment are, the existing alleyways and Northeast 3rd Avenue are currently unused and have no immediate or future use. It will be a benefit to the City to remove the existing rights -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Utility easements are necessary within Northeast 3rd Avenue as the Okeechobee Utility Authority (OUA) needs access to maintain their water main and Florida Power & Light (FPL) needs access to maintain their power lines. Planning Staff is recommending approval based on these findings with the stipulations that the owner grant the necessary easements required. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant, and commented Mr. Word was aware of the easements that were required and he has no issues. They will be addressed within the ordinance, as a reassignment of an easement is not required at this time. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Director Allen asked for clarification, the North to South alleyway in Block 2 is not being abandoned, as one of the exhibits provided from the utility companies indicated this. Mr. Dobbs confirmed, the North to South alleyway in Block 2 is not included with the Petition abandonment request. Administrator Montes De Oca expressed concern regarding sufficient access within the easements. However, specific development plans are not required at this stage of the proposed development, and would be adequately addressed during site plan review. VI. NEW BUSINESS CONTINUED. TRC - September 15, 2016 - Page 2 of 3 A. Abandonment of Right -of -Way Application No.16-002-AC continued. Police Department: No issues were received. Building Official: Building Official Newell noted a potential issue with concurrency and the level of service that could impact U.S. Highway 441 due to the level of traffic proposed for such a large development. He inquired as to whether the developer would be responsible for making any improvements. Planner Brisson replied the impact on the roadways would be addressed during site plan review. Additionally, the applicant will be made aware that this development could be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. 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. He then asked TRC 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 Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16-002-AC, to abandon the 15-foot wide East to West alleyways located between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, together with the 70-foot wide unimproved portion of Northeast 3td Avenue located between Northeast 13t" and 14th Streets, all within the CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, with the following conditions: 1. Proposed development will adequately address Off -site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City/County drainage easement along Northeast 14t" Street and/or roadway access to the north/south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. 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 10:16 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 TRC - September 15, 2016 - Page 3 of 3 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 ofC.(�i Iq in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 advertisement for publication in the said newspaper. Katrina Elsken Sworn to an�Asjscribed befor e this '4, - ` day of _ ��' J AD Notary Public, State of Florida at Large --- d ,;,av'°4,'•, AN^vIE BRIDGES ` MY COMMISSION # FY 976149 *= l:5?:�; EXPIRES:,_ d!20,2020 I 1hN NO!3fy PU`JIIC L)f1C3MTlt8T3 o. �� .• � PiONdPj Okeecho46��5ews 107 SW 17th L�ffr�kt, SiteDOkeechobee,otida 34974`ffi^- 863-764 ' =3 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE :CE IS HEREBY GIVEN that the City Council of the City of Okeecho- MII conduct a Public Hearing on Tues, Dec 13, 2016, at 6 PM, or as thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to ier final reading for adoption of the following Ordinance Into law: No. '• AN ORDINANCE OF THE CITY OF OKEECHOSEE,FLORIDt 1NG, VACATING, AND ABANDONING CERTAIN ALLEYWAYS RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 2 AND A PORTION OF NORTHEAST 3RD AVENUE BETWEEN rHEAST 13TH AND 14TH STREETS, CITY OF OKEECHOBEE )MSION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE IC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERV- UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EX- ;IVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; CITING THE CITY CLERK TO RECORD THE ORDINANCE IN THE IC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; TIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE I members of the public are encouraged to attend and participate in said taring. The proposed ordinance may be inspected in its entirety by mem- rs of the public at the Office of the City Clerk during normal business curs, Mon -Fri, 8:00 AM-0:30 PM, except for holidays. W PERSON DECIDING TO APPEAL any decision made by the City rundl with respect to any matter considered at this meeting will need to isure a verbatim record of the proceeding Is made and the record Indudes e testimony and evidence upon which the appeal will be based. In accor- ince with the Americans with Disabilities Act (ADA), any person with a lability as defined by the ADA, that needs speaal accommodation to par- :ipate in this proceeding, contact the City OerWs Office no later than two isiness days prior to proceeding, 863-763-3372. E ADVISED that should you intend to show any document, picture, video items to the Council in support or opposition to any item on the agenda, copy of the doeuni picture, video, or item MUST be provided to the Ly Clerk for the City'srecords. Clerk Lane Gamiotea, CMC ON M2J2016 91 x Exhibit 2 ORDINANCE NO. 1148 Dy,c :13, 2016 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 44, 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. 16-003-AC from the property owner, Okeechobee Asphalt & Ready Mixed Concrete, Inc., 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 Petition No. 16-003-AC at a duly advertised public meeting held on October 20, 2016, and recommends approval with conditions; and WHEREAS, Petition No. 16-003-AC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on November 17, 2016, determining such Petition to be consistent with the Comprehensive Plan, and recommending approval; and WHEREAS, the City Council reviewed Petition No. 16-003-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 LOTS 1 THROUGH 6 AND 7 THROUGH 12 OF BLOCK 44, 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. Ordinance No. 1136 - Page 1 of 2 SECTION 5: Effective Date. This ordinance shall be set for Final Public Hearing the 3 d day of January, 2017, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 13`h day of December, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 3`d day of Januarv, 2017. 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 PAGE 1 ABANDONMENT OF RIGHT-OF-WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 218 Fax. 863-763-1686 nn, � PETITION NO.-vv3-AQL Application fee (non-refundable) Date Fee Paid: -I n_ 11 Receipt No: TRC Meeting: Publication Date: Letters Mailed: 1J/p, $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 t; hk�5,1, consultant is hired to advise the city on the1 PB/130A Meeting: 1. �- t (-�i(' Publication Dates: Letters Mailed: City Council 1s, Reading: ��_ _% � CMR Letter E-mailed: application, the applicant shall pay the actiiaf ~ costs. City Council Public Hearing: publication Date: �a a�J-l4^ 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: See attached page for legal description. 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: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. Okeechobee Asphalt & Ready Mixed Concrete, Inc. Abandonment Legal Description THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9TH AVENUE AND NW 8TH AVENUE, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PAGE 2 PETITION NO. n_� ; Name of property owner(s): Okeechobee Asphalt & Ready Mixed Concrete Owner(s) mailing address: P.O. Box 1994, Okeechobee, FL 34973 Owner(s) e-mail address: jpalmer@lynchpaving.com [I Owners) daytime phone(s): (863) 763-7373 Fax: Required Attachments 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 Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) t� 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) 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. V _! AOb Gent 61_ I -- ) 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: 1. Proposed vacation is consistent with the Comprehensive Plan: Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required tor a transportation or utility use. -Since the alleys have no current uses nor any fibisecable uses, thc� would inect the cquit einent of abandunnient. This cast-vvest alley in Block 44 is tutnify oyn 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement: This request meets this standard. 3. Proposed vacation is in the public interest and provides a benefit to the City: The existing alleys in block 44 are currently unused and have no immediate or future use. This is in the public interest and a benctit tote City to remove the existing Kights ot Way. is will reduce the land the City is regmre it) maintain and ietum the land tO the LUX 101N 4. Proposed vacation would not jeopardize the location of any utility. Since there are no utilities in the existing alleys in Block 44 there is no jeopardy to any utilities. 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). 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 -F e (— Vl,--Ns6 o b�• 863-467-3721 or -T,6 Donna Padgett 863-467-3708 LQ Authorized Signature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess.bentayo@cenh� rylinic.com Authorized Signatin-e Comcast Cable 863-763-2824 107 NW 7(h Avenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue Typed Name & Title Phone No. Date 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 CenturyLink"! LETTER OF NO OBJECTION June 9, 2016 Mr. Steven L. Dobbs, P. E. SLD Engineering 1062 Jakes Way Okeechobee, FL 34974 SUBJECT: PROPOSED VACATE OF THAT CERTAIN EASTAVEST ALLEY LYING IN BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OKEECHOBEE, FLORIDA. Dear Mr. Dobbs: Please be advised that Embarq Florida, Inc. DB/A CenturyLink ("CenturyLink") has no objection to the proposed vacation and abandonment of that certain 20' wide alley bounded by NW 8th Avenue on the West and by NW 9 h Avenue on the East and being more particularly described as follows: THAT CERTAIN 20' WIDE EAST/WEST ALLEY LYING IN BLOCK 44, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREFORE RECORDED IN PLAT BOOK 1, ON PAGE 10, IN THE PUBLIC RECORDS OF OKEECHOBEE, FLORIDA. The subject alley is depicted on the attached sketch. The adjacent lands have an address of 808 NW 9th Ave, Okeechobee, Florida, and an Okeechobee County Tax Identification Number of 3-15-37-35-0010-00440-0060. Should there be any questions or concerns, please contact me at 407-814-5318 or by email at Victoria.bucher(u'%centurvlink.com_ Sincerely,) EMB-ARQ FLORIDA, INC., D/B/A/ CENTURYLINK ...- 1 xl t Victoria S. Bucher, SR/WA, R/W-NAC, RIW-NAC Network Real Estate C: K. Lutz, CenturyLink 33 North Main Street Winter Garden, FL 34787 Tel: 407-814-5318 Victoria. bucher@centurylink.cor www.centurylink.com ........% LOCATION MAPArT- ern 9Tx sMr ET (PT1AC.._ ' �� v .PJ`"t cC oo ir•. . ' Ili II GPIL01 L K t ': mp V tKl v yy Q W 3 511-121.4 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 verson. - Florida Power & Light i63.467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863-45244-73 Tess Bentayou Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-76348-24 107 NW 7th Avenue A -361 Authorized `signature Typed Name & Tide Phone No, Date Okeechobee Utility Authority John Hayford t'A ELI 863-763-9460 100 SW 5th Avenue Authorized Signature AQ Typed Name & Title 410--V -04. to *REQUIRED ONLY FOR CITY OF OKEECHOBEE& FIRST ADDITION TO y1?0F OKEECH0RFF.qFFRnm-qrnwq 4 , 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. must be signed and dated with a contact number for each Derson. 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@centurylink.com Authorized Signature Comcast Cable 863-763-2824 107 NW 71h Avenue Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority fln M n+ o�-+k. -id 13 I:4--wee John Hayford .� nel n ue. etchobe e. 863-763-9460 D [3 EC UIUS 100 SW 51h Avenue 6Alorized Sign � 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 w V V- 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 bentayQC@centurylink.com Authorized. Signature Comcast Cable 863-763-2824 107 NW 7m Avenue Authorized Signature Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5m Avenue Typed Name & Title Phone No. Date 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 nKFFrunRFF Siinniuminmc Hamrick - k g_r7-- 9- -1AIGI< —/Itks7- Pw.Ur Gil Culbreth, Co -Trustee W/?r xl- !ai 77f -t� / t /oG,l; 863-763-3154 C, oaG d Z4G4o-�ZLr Authorized Signature Typed Name & Title Phone No. Date Cd-T.eis.s-AE -,-- 3 a t NTV 9Tff STREET ) sJi _.,. _.. ... ._ ..... LEGEND � I',. i •..I". AFTER ABANDONMENT SITE PLAN o — r r e OKEECHOBEE ASPHALT &READY z = . MIXED CONCRETE, INC. o U i - I: O s11-�z1.a I OKEEMORE E "I� = nRtili! HE: i�. C Gti�tttlLi a = su • i< - it .i 7 G5 Str t lRLititti � ail. i .: �i t Ctit : C"K., MIN P 7i t't 7! t C o n ?3'ei : r37 rs : v:se tP s ro am W FIN `sgw,. s .� =i4sCt6 s°s:a -5-se iiit wt. :ii '3lCUND !1€Lf ltis^^.' tit-0 Y.,Sid I cd t :i �t;R7t GG�tt lh; ! WIN ylI — xvm,,sal i�vo� i.v�l va�ao,_, ? a G ? � i•j :i �' ` Gb S • • f �i; 9 •; j ttt � �1 a �fa�t�� r �• ' giFe; }ij•S sa aa. jj s: lili3yl,elli;: Ijl f} a b� of a4 Staff Report Alley Abandonment Prepared for. The City of Okeechobee Applicant: Okeechobee Asphalt and Ready -Mixed Concrete Petition No.: 1 6-003-AC Planning & Management Services, Inc. 1375 Jackson Street. Suite 206 Fort N�Ilk ltcers. Florida . _._ 239 i i t- i 366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 Request The matter before the TRC is an application to vacate/abandon the 300-foot long, 20-foot wide alley in Block 44 between NW 8th and 9th Avenues, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.14 acres. General Information Okeechobee Asphalt & Ready Mixed Concrete Owner P.O. Box 1994 Okeechobee, FL 34973 Site Address The east -west alley in Block 44 between NW 81" and 9" Avenues Owner E-mail Address jpalmer@lynchpaving.com Contact Person Stephen L. Dobbs Contact Phone Number 863-824-7644 Contact E-mail Address sdobbs@stevedobbsengineering.com Legal Description of Subject Property THE 20.0 FEET WIDE ALLEY IN BLOCK 44 LYING BETWEEN NW 9TH AVENUE AND NW 8TH AVENUE, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing Industrial IND, Industrial Vacant, unimproved alley 0.14 acres Proposed Industrial IND, Industrial Materials storage 0.14 acres S i•r�ing l lwida Luca) Gucv,nmrots Sinn 14ss Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west allev in Block 44 Description of the �� Site and Surrounding Area The subject of the abandonment/vacation is the 20' by 300' vacant, unimproved alley in Block 44. The property owner, Okeechobee Asphalt & Ready Mixed Concrete, owns all the lands to the north and south of the alley, all of which are vacant. The following aerial photograph depicts the right-of-way proposed to be abandoned and the surrounding areas. fi...:I�f aA1�M+1 —� v a AL mIT V"T IT.—.11 30 1 - 1 mow" A NORTH , ':�'?:'c�'re'Gr.-^�+^.•-�**� 'ask.,,,.._ �1.. I I . 1� '*�. 44 — _ _ .- . 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. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in segoe Pr vLt. 3 sen'inq Honda Lui:ll 19AR Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west alley in Block 44 REQUIREMENT iSTAFFCOMMFNTS 1. Proposed vacation is consistent with the Comprehensive Plan. "Yes, 7Aere is notAli i in tAe City's Comlvretiensike the vacation is consistent with the City's Comprehensive Plan, The Plan concernivrg abandonment/vacation of alleys. City's Comprehensive Plan defines a The properties to both the north and south are Right - of Way as "Land in which the all owned by Okeechobee Asphalt and are state, a county, of a municipality owns designated /ndustria/ on the Future Land Use the fee simple title or has an easement dedicated or required fora Map and are alsozoned /ndustria/some of which transportation or utility use. (9J- Grave been the subjects of reeent approvals oFa 5.0033 F. A. C.). Since the alleys Small Scale Amendment (SSA) and/or Rezoning have no current uses nor any fore- seeable uses, they would meet the to /ndustria/. The property to be abandoned will requirement of abandonment. This be used for materials storage in the same east -west alley in Block 44 is totally manner as the surrounding properties owned by owned by the owner on both sides Okeechobee Asphalt. and would have no impact on any other property." 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an Th e alley is not the solemeans of access to any easement. property. "This request meets this standard." 3. Proposed vacation is in the public interest and provides a benefit to the City. "The existing alleys in block 44 are We agree with the Applicant's assessment of the currently unused and have no immedi- ate or future use. This is in the public pub/ic benefits associated with abandonment/ interest and a benefit to the City to vacation of the subject alley remove the existing Rights of Way. This will reduce the land the City is required to maintain and return the land to the tax rolls" 4. Proposed vacation would not We agree. The Applicant has submitted Letters of jeopardize the location of any utility. lVo Objection from CenturyLink and signed "Since there are no utilities in the exist- Utility Company Authorizations From FPL, ing alleys in Block 44 there is no jeopardy to any utilities." Comeast, and OUA. 4 I- - NN - -, Soning Florida hw;il Gen rrnnx•nt. Since 1�)Nti Staff Report Applicant's Name: Okeechobee Asphalt & Ready Mixed Concrete Vacation of an unimproved east -west allev in Block 44 Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation/abandonment is consistent with the require- ments of Sec. 78-33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management October 11, 2016 TRC Meeting: October 20, 2016 PB/BOA Meeting: November 17, 2016 City Council 1 Sk Reading: December 6, 2016 (Tentative) City Council 2nd Reading and Public Hearing: December 20, 2016 (Tentative) Srrt'ing Florida h,,A Guy c-nvn.•ni, Sin— 1988 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, OCTOBER 20, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 CALL TO ORDER — Chairperson. The October 20, 2016, Technical Review Committee meeting was called to order at 10:01 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell — Absent (with consent) Fire Chief Herb Smith — Absent (Lieutenant Hodges in attendance) Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non -Voting Ex-Officio Members: City Attorney John R. Cook — Absent (with consent) 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. Chief Peterson moved to dispense with the reading and approve the Minutes for the regular meeting held September 15, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16-003-AC, to abandon the 20-foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of Northwest 9th Street - Senior Planner. Planning Staff Report: Planner Brisson explained the property owner, Okeechobee Asphalt & Ready Mixed Concrete, Inc., owns all the vacant property to the north, Lots 1 to 6, and south, Lots 7 to 12, of the unimproved 20 foot by 300 foot alleyway that they are petitioning to vacate. Planning Staffs responses to the required findings are the property is designated Industrial on the Future Land Use Map and the Zoning Map, The property to be abandoned will be used for material storage in the same manner as the surrounding properties are currently being used. The alleyway TRC - October 20, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16-003-AC continued. is not the sole access to any property as all properties have vehicular access from either Northwest 91h Avenue, Northwest 91h Street, or Northwest 8th Avenue. The public benefits associated with the abandonment are, the existing alleyway is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. No location of any utility would be jeopardized by the proposed vacation. Planning Staff is recommending approval based on those findings. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the property owner. County Environmental Health Department: No issues were received. QUA: Chairperson Montes De Oca announced Director Hayford relayed to him that Okeechobee Utility Authority had no utilities in the right-of-way. Public Works: Director Allen inquired as to whether the portion of Northwest 8th Avenue running from Northwest 9th Street South towards the railroad right-of-way would also be closed. Mr. Dobbs responded no, only the alley was being petitioned for. Administrator Montes De Oca noted for the record the right-of-way portion of Northwest 8th Avenue needs to remain open at all times, all equipment and debris needs to be removed. 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. He then asked TRC 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 Public Works Director Allen and Interim Police Chief Peterson to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16-003-AC, to abandon the 20-foot wide East/West alleyway between Lots 1 to 6 and 7 to 12 of Block 44, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, located in the 800 block of Northwest 9th Street, with the following condition: the portion of Northwest 8th Avenue running north to south along Block 44 needs to remain free of equipment and debris at all times. Motion carried unanimously. The Petition is scheduled to be reviewed by the Planning Board on November 17, 2016. TRC - October 20, 2016 - Page 2 of 3 UI. ADJOURNMENT- Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:07 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 ocrpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. 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U co Y .r- EO O '� U 2 O (D C a) a) O a) U E U Q T� E o o m m ai c U d C � � (a 0- C CD O m L O) O d U W C a) y O U a Q E O U) O 0 O> a C! m a7 -0 3 � Di o U o N C a) 0 0 _ m O o 0 •> m O� U _ a m O (On U N aaCl �r . z LU .- N c i a oa Fiji 3 RESOLUTION NO. 2016-11 pc 13, 2016 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA REQUESTING THE FLORIDA LEGISLATURE AMEND CHAPTER 440, FLORIDA STATUTES, TO ADDRESS THE FLORIDA SUPREME COURT'S RECENT DECISIONS RELATED TO FLORIDA'S WORKERS' COMPENSATION SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee has over 62 full-time employees, for which the City provides workers' compensation insurance; and WHEREAS, the City has paid an average of six workers' compensation claims annually the last five years; and WHEREAS, obtaining adequate insurance coverage for municipalities is already difficult given that the employees range from city administration, to fire department, to police, to parks and recreation, and to sanitation and public works, among many others; and WHEREAS, this varied employee portfolio provides a diversity of claims and a level of unpredictability that requires higher insurance premium rates than other organizations, and WHEREAS, despite the difficulty in obtaining workers' compensation coverage for its employees, the City relies on the constructs within Florida Law to avoid the costly tort system to address employee injuries; and WHEREAS, the City relies on a workers' compensation system that has a cap on attorneys' fees to prevent the unsavory and costly scenarios of paying more for the legal fees for a workers' compensation case than the actual claim itself; and WHEREAS, businesses of all types and sizes within our City, if faced with significantly higher premiums for their workers compensation rates will be negatively impacted financially which could lead to stagnated growth, hiring freezes, or worse, layoffs; and WHEREAS, negative impacts to local businesses in the City have an equally negative impact on City revenues and, by extension our ability to provide adequate services to the City's residents; and WHEREAS, on April 28, 2016, the Florida Supreme Court, in the matter of Castellanos v. Next Door Company, held that a strict cap for plaintiff's attorneys' fees provided by Section 440.34, Florida Statutes, was unconstitutional; and WHEREAS, on June 9, 2016, the Florida Supreme Court, in the matter of Westphal v. City of St. Petersburg, held that a two-year period of temporary total disability benefits in Section 440.15, Florida Statutes, is unconstitutional; and WHEREAS, the Florida Legislature has not yet taken any action to address these now - deemed unconstitutional Sections of Chapter 440, Florida Statutes; and RESOLUTION NO. 2016-11 PAGE 1 OF 2 WHEREAS, the Florida Office of Insurance Regulation has recently approved the proposed workers' compensation premium increase of 14.5 percent effective December 1, 2016; and WHEREAS, any workers' compensation rate increase above normal annual growth or transition into a tort system for workers' injuries would negatively impact the City of Okeechobee's budget and, by extension, services to the community. 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: 1. The foregoing recitals (whereas clauses) are incorporated herein by reference and adopted in support of the matters set forth in this Resolution and made part hereof. 2. The City of Okeechobee implores the Legislature to amend Chapter 440, Florida Statutes, to ensure that it is constitutionally valid, including: creating a cap on attorneys' fees for workers compensation claims that, if necessary, allows limited judicial discretion; and 3. BE IT FURTHER RESOLVED, that the City of Okeechobee implores the Florida Legislature to consider the impacts of any modifications to the workers' compensation system on local governments (in addition to the impacts on the private sector) and engage local government leaders in the decision making processes so that the voices of our constituents might be heard in the midst of the debate. 4. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. 6. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 13th day of December, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor RESOLUTION NO. 2016-11 PAGE 2 OF 2 ity of Okeechobee Memo Date: November 301h, 2016 To: Mayor and City Council From: Marcos Montes De Oca, City Administrator India Riedel, Finance Director RE: Workers' Compensation - Resolution Addressing the Florida Supreme Courts recent Decision Attached is an article provided via a link from our Public Risk Management (our insurance firm) Attorney regarding a requested increased from NCCI. The majority of the requested increase is based the recent Supreme Court ruling with the change in allowable attorney fees that can be recouped from other parties in the event of a lawsuit. The voided increase is likely to return as the lawsuit was a sunshine violation not the increase itself. The crux of the article is highlighted in yellow. 55 SE Third Avenue, Okeechobee, FL 34974 (863) 763-3372 / (863) 763-1686 Fax L-1) MTC-H,`-,E1LMr43UrJE November 23, 2016, 6:29 pm A circuit court judge Wednesday struck down a 14.5 percent increase in workers' compensation insurance rates due to begin taking effect next month, ruling that a ratings agency violated the Sunshine Law in preparing its rate proposal. Judge Karen Gievers said the National Council on Compensation Insurance, or NCCI, failed to open its deliberations to the public Of provide its data to an actuarial expert retained by the plaintiff in tlyz case. Since NCU was acting as an agent of the Florida Office of Insurance Regulation, Gievers, said, it was subject to the state's open — government requirements. The rate hike "must be found to be void ab initio" — that is, from the start — "because the lack of sunshine so permeated the process," Gievers wrote. "The decision today will save Florida's businesses deep millions of dollars in premium increases that are now set aside from a Dec. 1 effective date," said Ron Sachs, a spokesman for plaintiff James Fee. disappointed in the decision of the Leon COUnty Court," marketing communications director Dean written statment. "We continue to ,, that NCCI and th e Florida ' R fullyve complied !a plans trial i decision. "The office �s in the process of reviewing the order to determine next steps," , said Ay Bogner, Commissioner David * 4 The rate approved in October, alarmed business interests, including the Florida Chamber of Commerce and Associated Industries of Florida, both of which formed task forces to address it. NCC1 attributed the increase to Florida Supreme Court rulings striking both the state's cap on attorney fees in workers' compensation disputes and a two-year cap on temporary permanent disability payments. Business and insurance leaders blamed the attorney fee ruling, Castellanos v. Text Door Co., handed down on April 28, for most of the increase -- the idea being that higher attorney fees will drive up insurance costs both in themselves, and in leading employers to settle disputes for higher amounts to avoid litigation. The Legislature is wider expected to seep a fix during its regular session next spring. Bill Herde, Florida director for the National Federation of Independent I Business, a i i �i a member of f I "This 3s ',the- trial ar's Unscruppuu ous tactic- to put blinders on the Legislature and conceal the ridiculous fees he-y extract fr�rn the workers' corm p system," Herde said. F t), the plaintiff in the iegaH challenge, a Miamiworker's corn pensat o.n attorney suing as an employer who buys coverage. He pointed to state law requiring rate -making agencies like NCCI to open deliberations of their 'Mt rnal decision -making committees to the public. CI replied that it long abandoned its committee structure, so the provision no longer applied. insuranceBut Gievers noted that NCCI employees nevertheless conducted multiple meetings to discuss the rate proposal, both internally and with office representatives. She faulted both agent and agency for "not providing notice to the public or giving the public an opportunity to be present or heard at r-neetings between NCE and "Neither NCCI nor OR (nor the two acting together) is legally authorized to change the law, only the Legislature is empowered to change our laws," she continued. "Until meeting in the sunshine d public records laws are changed, the defendants must comply by conducting public sunshine whileproviding the public records Mark Touby, president of Florida Workers' Advocates, called ruling "a tremendous for .hbusinesses and the workers 1t is our hope that this weH-reasoned history of secret meetings and outrac, only served to bail out the inSUrance denying legitimate claims and then n the cost of those errors," Touby said. ruling will put a halt to N-M's 1,ous rate -hike requests, which -ompanies' alarming pattern of ;,,king Florida employers cover "This might sound like a victory, but Florida bus'�nesses shouldn't be fooled by this classic tr4 lawyer tactic," said Carolyn Johnson, director for business, economic development and innovation policy at the Chamber. "The rates may not go up on Dec. 1, but this is only temporary. What won't stop, however, is that trial lawyers will use this time to continue enjoying the benefit of unlimited legal fees in workers' comp cases, while they are also seeking higher attorney fees for claims retroactively impacted as far back as July 2009. It's a lucrative deal for billboard trial lawyers." Exhibit 4 RESOLUTION NO.2016-12 Dec 1,3, 2016 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING AND APPROVING THE PARTICIPATION BY THE CITY OF OKEECHOBEE INTO THE LAKE OKEECHOBEE REGIONAL COMPACT; SAID AGREEMENT BEING A JOINT EFFORT BY OFFICIALS IN A NINETEEN COUNTY AREA ENCOMPASSING THE NORTHERN EVERGLADES AND THE LAKE OKEECHOBEE WATERSHED TO WORK TOGETHER ACROSS JURISDICTIONAL BOUNDARIES TO CREATE, SUPPORT, AND ADVANCE A COMPREHENSIVE PLAN ADDRESSING ENVIRONMENTAL AND ECONOMIC CHALLENGES ASSOCIATED WITH DISCHARGES FROM LAKE OKEECHOBEE, AND TO DEVELOP A JOINT STRATEGIC PLAN TO SUCCESSFULLY MEET THOSE CHALLENGES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, each of the 164 municipalities and 19 counties located within the Comprehensive Everglades Restoration Program study area in Central and South Florida have substantial water quality challenges that critically impact the sustainability, economic vitality, and growth of each of their communities (hereinafter the "Lake Okeechobee Regional Community"); and WHEREAS, since the start of construction of the Herbert Hoover Dike in 1932, the flood control and water delivery system that serves Florida's urban and agricultural interests has substantially impacted the natural ecosystem and threatened essential wildlife habitats; and WHEREAS, the Central and Southern Florida Project significantly altered the landscape of the Kissimmee, Lake Okeechobee, St. Lucie, and Caloosahatchee watersheds, and forever changed the way water is managed throughout Central and South Florida; and WHEREAS, the Lake Okeechobee Watershed, the Florida Everglades and its coastal estuaries are an internationally unique ecosystem, a national treasure, and a critical component of Florida's economy; and WHEREAS, restoration of the Lake Okeechobee Watershed, the Everglades ecosystem, and coastal estuaries are vital to Florida's future by protecting Florida's environment, economy, and water supplies; and WHEREAS, each of the effected local governments face both unique and analogous water challenges requiring regional cooperation as a consequence of environmental, ecological, and economic interdependence; and WHEREAS, the 164 cities and 19 counties located within the Comprehensive Everglades Restoration Program study area play a major role in protecting local water quality and reducing stormwater runoff; and WHEREAS, only together can the Lake Okeechobee Regional Community effectively address the myriad of longstanding water issues shared by their local governments; and WHEREAS, the Lake Okeechobee Regional Community is wholly resolved to improving regional water conditions and mitigating future impacts to water quality through abiding local initiatives and indelible collaborative planning; 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: That each local government shall work in close collaboration with other parties to this compact to develop a strategic plan utilizing the best available science, emphasizing regional sustainability and vitality, remaining sensitive to the limitations of local resources, and acknowledging the diverse economic, ecological, and environmental challenges each community faces. SECTION 2: That each local government shall work in close collaboration with other parties to this compact to develop a joint policy position urging the United States Congress and the Florida Legislature to take special actions, including passing legislation that recognizes the unique vulnerabilities of Lake Okeechobee and the surrounding Everglades and estuarine systems, and to further a joint policy position that includes specific recommendations regarding the allocation of federal and/or state funding. i.: RESOLUTION NO. 2016-02 PAGE 1 OF 2 SECTION 3: That each local government shall work in close collaboration with other parties to this compact in developing joint position statements on proposed State legislation including but not limited to: land management, stormwater runoff, septic to sewer programs, and allocation of state and federal resources. SECTION 4: That each local government shall work in close collaboration with other parties to this compact in drafting conceptual state and federal legislation for maintaining infrastructure, mitigating runoff from urban and agricultural lands, and improving water quality of and water flows through Lake Okeechobee, Everglades and coastal estuaries. SECTION 5: That each local government shall commit appropriate staff resources and expertise within budget constraints as part of a Regional Planning Team with other parties to this compact. Staff resources shall be dedicated towards developing and implementing a Regional Action Plan, understanding therefore no local government will work ex parte or contra to the mutually adopted resolution of all parties to this compact. This does not limit local governments to advocating for projects or policies that are only mutually agreed upon by all parties. SECTION 6: That the adopted Regional Action Plan shall, at a minimum, include the following components: (a) A list of those local and regional projects and programs all parties to this compact mutually agree are critical to Everglades restoration, protection and improvement of local water supplies and water quality, enhancement of natural area and the economic vitality of our communities. (b) Local Projects/Programs: Septic maintenance and septic to central sewer programs; local fertilizer ordinances and fertilizer education programs; stormwater best management practices (BMPs); agricultural BMPs; golf course BMPs. (c) Current Regional Projects: The Comprehensive Everglades Restoration Plan (CERP) and the projects identified on Integrated Delivery Schedule (IDS) including, but not limited to, Rehabilitation of the Herbert Hoover Dike; Central Everglades Planning Project (CEPP); C- 43 West Basin Reservoir; C-44 Reservoir; Tamiami Trail Bridging Project; Lake Okeechobee Watershed Planning Project; and the Kissimmee River Restoration Project. SECTION 7: That each local government shall commit to participating in an annual regional summit, including the opportunity to host a congress with other parties to this compact in furtherance of the resolutions stated herein and for so long as the parties to this compact are resolved to its purpose. SECTION 8: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 9: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 10: Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 13th day of December, 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor �L RESOLUTION No. 2016-0 PAGE 2 OF 2 Lxh�b,f Dec.13, 26162 DISIrav-0 at Meehn� FOR IMMEDIATE RELEASE December 1, 2016 Contact: Marcos Montes De Oca 863-763-3372, ext 212 Local Elected Officials Form Lake Okeechobee Regional Compact Okeechobee, FL - Municipal officials from across a 19-county region encompassing the Northern Everglades Estuaries and the Lake Okeechobee Watershed on Wednesday voted unanimously to support the creation of the Lake Okeechobee Regional Compact. "Creating this compact is one of the best ways for South Florida to come together and address our water quality issues in a holistic way," said Stuart Mayor Jeff Krauskopf. "This issue affects us all and the compact is an opportunity for everyone to share in creating the solution." Specifically, the compact is a commitment by local government leaders to work together across jurisdictional boundaries to create a comprehensive plan addressing myriad environmental and economic challenges associated with discharges from Lake Okeechobee. The compact also includes commitments to create a joint policy position with funding recommendations to the United States Congress and the Florida Legislature, as well as specific policy recommendations related to land management, stormwater runoff, and septic to sewer programs. Supported by the Florida League of Cities' Regional Compact Initiative, this week's meeting was a follow-up to gatherings in Fort Myers and Stuart on June 22 and September 7. The earlier meeting focused on cities and counties sharing their individual challenges and local solutions, as well as learning from the South Florida Water Management District and the U.S. Army Corps of Engineers to identify opportunities where joint action would benefit the entire region. Sanibel Mayor Kevin Ruane has been engaged in the effort since the beginning. "We applaud the Florida League of Cities for helping us come together to work cooperatively in developing the state's largest regional compact. This is an important tool for building consensus among a diverse stakeholder group on projects critical for Everglades Restoration and reducing the harmful high -flow discharges to the coastal estuaries." Next steps for the officials who signed on to the Lake Okeechobee Regional Compact on Wedneday include taking the agreed -upon compact to their individual cities for ratification and then identifying staff resources and expertise to serve on a regional planning team tasked with the creation of a joint strategic plan. "The 164 cities that are affected by the Lake will now work together to better understand the specific issues involved in Lake Okeechobee management and work with appropriate stakeholders to help solve these problems," said Okeechobee Mayor Pro -Tempe Dowling Watford. The City of Okeechobee will consider the compact during its council meeting on December 13. For more information about the Lake Okeechobee Regional Compact and regional compacts in general, visit Date TO: FR: RE: December 1, 2016 Marcos Montes De Oca, City Administrator David Allen, Public Works Director PW 02-00-02-16, SW 2�d AVE at SW 8th St final pay application contract amendments. Per the attached final pay application from Lynch Paving, there are three pay items where the final verified quantities exceed the quantities from the original engineers estimate: Pay Item 334-1-13 Asphaltic Concrete. Original Qty Unit Cost Amount Additional Qty Additional Cost 80 Tons $125/Ton $10,000.00 27 $3,375.00 The original quantity was based on milling 1" of pavement from the existing road surface however in some areas of the project the existing asphalt depth was only approximately 1 %" which was entirely removed by the milling machine. The additional amount of asphalt was needed to maintain an even road surface. The installed quantity has been verified by load tickets provided by Lynch. Pay Item 522-1 4" thick concrete sidewalk. Original Qty Unit Cost Amount Additional Qty Additional Cost 78 SY $49.50 $3,861.00 8 SY $396.33 Additional sidewalk was needed on the NE corner of the project was needed to maintain the proper ADA slope requirement to meet the grade of the final sidewalk. There was one item that was not included on the original engineers estimate. During the construction process it was discovered that there was a large void area located under the existing Oak Tree next to the new drain structure which required 5 CY of Flowable fill to provide stabilization for the tree to avoid future problems with the structure and sidewalk. The cost of the additional Flowable fill was $650.00. See picture below ng Oak Tree Project Cost Summary: Original Contract Amount: $89,490.20 Additional Items $4,421.00 Credits for items under original estimate - 366.30 Project Final Cost: $93,544.90 Contract Time Adjustment: Original Contract Date May 31, 2016 Final Date December 13, 2016 Additional Days 196 SW 8th Street & SW 2nd Avenue Intersection Improvement --Okeechobee Project No. PW02-00-02-16 Final Pav Application Lvnch Paving Protect Number 16-23 Item No. Description Unit Measure Est. Quantity Unit Price Total Amount Quantity Previous Period Amount Previous Period Quantity This Period Amount This Period SOS-lA Mobilization / Demobilization LS 1 $23,000.00 $23,000.00 1.00 $23,000.00 0 0 101-1B Pre -Construction Video LS 1 $500.00 $500.00 1.00 $500.00 0 0 102-1 Maintenance of Traffic LS 1 $6,105.00 $6,105.00 1.00 $6,105.00 0 0 104-2A Prevention, Control & Abatement of Erosion and water pollution LS 1 $1,000.00 $1,000-00 1.00 $1,000.00 0 0 104-18 Inlet Protection System EA 4 $220.00 $880.00 4.00 $880.00 0 0 108-1A Construction Layout/Record Drawings LS 1 $6,900.00 $6,900.00 1.00 $6,900.00 0 0 110-3 Removal of Existing Structures LS 1 $5,214.00 $5,214.00 100 $5,214.00 0 0 110-4 Imaintenance of Existing Drainage LS 1 $2,750.00 $2,750.00 1.00 $2,750.00 0 0 120-1A Regular Excavation & Embankment LS 1 $1.00 $1.00 1,00 $1.00 0 0 285-715 Optional Base, Base Group 15 (LBR 100) (18" Thick) SY 40 $30.25 $1,210.00 40.00 $1,210.00 0 0 327-70-01 Mill Existing Asphalt Pavement, 1" lAverage Depth SY 1,462 $5.00 $7,310.00 1,462.00 $7,310.00 0 0 $0.00 334-1-13 Superpave Asphaltic Concrete, Traffic C (SP 9.5) Ton 80 $125,00 $10,000.00 80.00 $10,000.00 27 $3,375.00 42S-1-461 Inlet, Curb, Type 1-6, <10' EA 1 $6,050.00 56,050.00 1.00 $6,050.001 0 0 430-173-13 Pipe Culvert, RCP, Round, 36", Gutter Drain LF 48 $95.00 $4,560.00 48.00 $4,560.00 0 0 520-1-10 Concrete Curb & Gutter (Type F) LF 144 $27.50 $3,960.00 144.00 $3,960.00 0 0 522-1 Concrete Sidewalk, 4" Thick SY 78 $49.50 $3,861.00 78.00 $3,861.00 8 $396.00 527-2 Detectable Mat SF 80 $25.00 52,000.00 80.00 $2,000.00 0 0 570-1-2 Performance Turf (Sod) SY 50 $30.00 $1,500.00 40.00 $1,200.00 0 0 580-A Root Barrier LF 30 $27.00 $810.00 30.00 $810.00 0 0 706-3 Retro Reflective Pavement Markers EA 24 $7.50 $180.00 24.00 $180.00 0 0 711-11-111 Thermoplastic, Standard, White, Solid (6") LF 193 $1.30 $250.90 126.001 $163.80 16 $20.80 711-11-123 Thermoplastic, Standard, White, Solid (12") LF 272 $2.40 $652.80 272.00 $652.80 0 0 711-11-125 Thermoplastic, Standard, White, Solid (24") LF 58 $4.75 $275.50 58.00 $275-50 0 0 711-11-211 Thermoplastic, Standard, Yellow, Solid (6") LF 400 1 $1.30 $520.00 400.00 $520.00 0 0 Additionalowa a FillCY $130.00 0.00 $0.00 5 $650.00 Total 1 89,490.201 1 89,103.10 $4,441.80 SECTION V11 PW 02-00-02-16 Ar=,RFFMFNT This AGREEMENT is dated as of the 5th day of April in the year 2016, between the City of Okeechobee (CITY) and Lynch Paving & Construction Co., Inc. (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows. - ARTICLE 1. WORK 1.1 Work to be completed under this Contract is: SW 8th Street & SW 2nd Avenue Intersection Improvement, PW 02-00-02-16 The project generally involves the following: construction of drainae repairs, milling, resurfacing and ADA improvements at the intersection of SW 8t Street and SW 2nd Avenue. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1 . PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: The City of Okeechobee's Public Works Director 55 SE 3`d Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 The Contractor shall begin work within Thirty (30) calendar days after the signing, execution and delivery of written Notice to Proceed, and shall guarantee completion of the Contract on or before Thirty (30) calendar days from the date of notice to proceed. This is a grant funded project whereas all work shall be completed by May 31, 2016. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the City, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the City in writing. In the sole opinion of the City, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the City shall have City of Okeechobee Public Work Department Project No. PW 02-00-02-16 39 the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the City shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the City authorizes such payment in writing. As the Contractor's sole and exclusive remedy for delay, the City may grant an extension of the contract time, when a critical item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the City. Claims for delay due to inclement weather (i.e., beyond the 10 year mean average) shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall only be done by Change Order. 3.2 City and Contractor recognize that Projects may have important environmental and economical significance and, as required for compliance with Federal and State Regulations, that time is of the essence of this Agreement, and that the City will suffer direct financial loss if Projects are not completed as described in paragraph 3.1 Accordingly, Contractor agrees to pay City as liquidated damages the amount established in the following schedule per day for each day that Projects are not completed in accordance with this Article 3, Paragraph 3.1. Original Contract Amount Daily Charge per Calendar Day $ 500,000 and under. . . . ...... ......... . $ 500.00 Over $500,000 but less than $1,000,000 ......... $ 750.00 Over $1,000,000 but less than $2,500,000......... $ 1,000.00 Over $2,500,000 but less than $5,000,000......... $ 1,250.00 3.3 In addition to the provision for payment to the City by contractor of liquidated damages due to the failure of the contractor to complete each project within the time stipulated in each project's notice to proceed, or within such additional time as may have been granted by the Public Works Director, the City may also recover from contractor amounts paid by the City for damages suffered City of Okeechobee Public Work Department Project No. PW 02-00-02-16 40 by third parties as a result of contractor's failure to complete each project within the time stipulated, or within such additional time as may have been granted by the Public Works Director, unless the failure to timely complete the project was caused by the City's acts or omissions. 3.4 Liquidated damages are cumulative and additive and represent a reasonable estimate of City's expenses for extended delays and administrative costs associated with such delay. In addition to the to the liquidated damage amounts, there will be additional amounts charged to the contractor for all delay damages incurred by the City as a result of unavoidable delays by the contractor. These actual delay damages will include, but not be limited to, inspection, engineering services, delay damage settlements or awards, penalties, and professional fees incurred in connection with such settlements, awards or penalties and fines imposed by regulatory agencies, contract damages and loss of use. Article 4. Contract Price 4.1 City shall pay contractor for performance of the work in accordance with the unit prices listed in the contract documents contractor's bid form on a project by project basis. 4.2 City shall pay the contractor, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, on the basis of the unit prices indicated on the bid form. Article 5. Measurement and payment 5.1 Payment for the work, as further specified herein, shall include compensation to be received by the contractor for furnishing tools, equipment, supplies, and manufactured articles, and for labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the work in accordance with the requirements of the contract documents, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be City of Okeechobee Public Work Department Project No. PW 02-00-02-16 41 included in the unit bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 The city reserves the right to alter the Drawings, modify incidental work if necessary, and increase or decrease quantities of work to be performed in accordance with such changes, including deduction or cancellation of any one or more of the chapters or items. Changes in the work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in the quantities of work to be performed, and proposed change will cause substantial inequity to the City or Contractor the applicable unit prices shall be equitably adjusted by change order. 5.5 Quantities necessary to complete the work as shown on the Drawings or as specified herein shall govern over those shown in the Proposal or Bid Documents. The Contractor shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Public Works Director shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 5.6 The quantities for payment, other than Final Payment, under this Contract shall be determined for actual measurement of the completed items, in place, ready for service and accepted by the City, in accordance with the applicable method of measurement therefore contained herein. A representative of the Contractor shall witness all field measurements. 5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and supplied for the sole purpose of providing Bidder with a basis which will be used to determine the Base Bid and to obtain unit prices for approvals of progress payments for the Work done_ Actual quantities which will be ordered by City may vary from those on the Bid Form(s). The Contractor's attention is directed to the items of work for which no unit price is set. All work shown on the drawings as outlined in the specifications is to be completed in all respects, and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and Contractor. Requests for payment and supporting data shall be prepared by the Contractor and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. City of Okeechobee Public Work Department Project No. PW 02-00-02-16 42 5.9 The Contractor shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. 5.10 Contractor shall submit Applications for Payment in accordance with Article 9 of the General Conditions. Applications for Payment will be processed by Public Works Director as provided in the General Conditions. City shall make progress payments on the basis of Contractor's Applications for Payment as recommended by the Public Works Director, in accordance with Article 9 of the General Conditions. Prior to Final Completion of the Work of each individual chapter progress payments will be in an amount equal to ninety (90%) percent of the Work completed. Upon Final Completion and Acceptance of the Work of each individual Chapter, in accordance with Article 9 of the General Conditions, City shall pay the remainder of the Contract Price, as provided in Article 9. Article 6. Retainage in anticipation of liquidated damages 6.1 City may withhold additional retainage if Contractor is behind schedule and it is anticipated by City that each portion of the Work will not be completed within the Contract Time, as specified in the Notice to Proceed. 6.2 City may consider Contractor's progress schedules as amended, and compliance or non-compliance therewith and other factors, including Contractor's failure to provide a schedule and/or to update the same. Article 7. Contractor's representations In order to induce City to enter into this Agreement, Contractor makes the following representations: 7.1 Contractor has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. 7.2 Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 7.3 Contractor has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 7.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the City of Okeechobee Public Work Department Project No. PW 02-00-02-16 43 other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by the contractor for such purposes. 7.4 Contractor has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. 7.5 Contractor has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. 7.6 Public Records Act Florida Statute Chapter 119 Compliance. Contractor understands and agrees that records and documents prepared by Contractor or the City for the performance of services may be subject to the Public Records Act, Florida Statute, Chapter 119 and may be required to be produced as provided in said statute. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the Contractor to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. Article 8 Punchlist Procedures Further to Florida Statutes §218.735(7)(a)(i), Punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows: 8.1 Within five (5) days of Substantial Completion of the construction services purchased as defined in the Contract, Contractor shall schedule a walkthrough with City ("Initial Walkthrough" a/k/a "IM). The purpose of the IW is to develop a preliminary checklist ("Checklist") of items to be performed by the Contractor, based upon observations made jointly between the Contractor and City during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the Contractor's timely initiation of a request for the IW. At its option, City may conduct the IW with its Field Inspector. 8.2 Contractor shall endeavor to address and complete as many items as possible noted on the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from the date of the IW. 8.3 No later than fifteen (15) days following the scheduled IW, Contractor shall again initiate and request a second walkthrough of the Project with the City. The City of Okeechobee Public work Department Project No. PW 02-00-02-16 44 purpose of this second walkthrough is to identify which items remain to be performed from the IW Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the Contractor's performance of completion of items contained on the IW Checklist) and for the purpose of developing a joint Final Punchlist. 8.4 The intent of this section is for the City and the Contractor to cooperate to develop a Final Punchlist to be completed no later than five (5) days from the date of reaching Substantial Completion of the construction services purchase as defined in the Contract. 8.5 In no event may the Contractor request payment of final retainage under Florida Statutes §218.735(7) (d) until the Contractor considers the Final Punchlist to be 100% complete_ 8.6 Contractor agrees to complete the Final Punchlist items within fifteen (15) days of the date of its issuance by the City. 8.7 Contractor acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as (a) the Final Punchlist is 100% complete, and (b) the City has been able to operate or utilize the affected Punchlist item for an additional period of fifteen (15) days. 8.8 Contractor acknowledges and agrees that the City may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the Contractor to address. The intent of any such the City generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by the City during performance of the Work. 8.9 Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by the City as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(d), the City may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such Work activity based upon market conditions at the time of Final Punchlist completion. Article 9. Contract Documents City of Okeechobee Public Work Department Project No. PW 02-00-02-16 45 The contract documents which comprise the entire agreement between the City and the contractor are made a part hereof and consist of the following: This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Technical Specifications, as applicable, listed in the Table of Contents thereof. • Drawings, for each project, consisting of a cover sheet and consisting of the sheets as listed in the index thereof. • Addenda numbers _ to _, inclusive. • Contractor's Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by contractor prior to Notice of Award. • Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. • Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment and • Performance, Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 8. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). Article 10. Miscellaneous 10.1 Terms used in this agreement which are defined in Article 1 of the general conditions shall have the meanings indicated in the general conditions. 10.2 No assignments by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. 10.3 City and contractor each binds himself, and legal representatives to the other party assigns, and legal representatives, in respect obligations contained in the contract documents Article 11. Indemnification City of Okeechobee Public Work Department his partners, successors, assigns, hereto, his partners, successors, to all covenants, agreements, and Project No. PW 02-00-02-16 ., "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold harmless the Recipient, the State of Florida, Department of transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of contractor and persons employed or utilized by contractor in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. Article 12. E-Verification Vendors/Contractors shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract. Vendors/Contractors shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. In witness whereof, the parties hereto have signed two (2) copies of this agreement. At least one counterpart each has been delivered to the City and contractor. All portions of the contract documents have been signed or identified by City and contractor or by Public Works Director on their behalf. This agreement will be effective on City Corporate Seal City of Okeechobee Public Work Department Contractor Corporate Seal Project No. PW 02-00-02-16 47 By: James E. Kirk Mayor Attest:. Lane Gamiote , CIVIC City Clerk Addresses for giving notices: City City of Okeechobee 55 SE P Avenue Okeechobee, FL 34974 Name: Title: �' �.0 f (C { e. «� Attest'Aa 11 ILL Title: - 1 �. ;� if 1(.t Contractor -P.o &OY- 199* Ft. 3uq-t3 Florida State Contractors License No: Approved as to form and legality for the use and reliance of the City of Okeechobee only. l John R. Cook, City Attorney City of Okeechobee Public Work Department Project No. PW 02-00-02-16 48 ltv ot, llikeecfiolwc Memorandum To: City Council Members From: Fire Chief, Herb Smith T hru: City Administrator, Marcos Monies De Oca` Subject: Regi_€esr to be placed on Agenda/Approval for purchase of new fire truck Recently, during the budget approval process, the request for the purchase of a new fire truck was approved by council in the amount of amount of $4 7,000.00 dollars. The fire department is requesting council's approval for the purchase of a new Pierce Saber Rescue Pumper for the amount of $412,507.00 dollars. This is a savings of $34,493.00 dollars from the original budget. Proposals and comparable build sheets were based on the Florida Sheriff's Cooperative Bid. Three fire apparatus manufacturers were considered and researched to obtain the best Purchase price for our taxpayers, while ensuring Our department's specifications and needs were met. The cornparlson of tie trucks were reviewed to insure each specification among the three were comparable. The summary of the three manufacturers and associated costs are shown; PIERCE $ ,412,507.00 SUTPHEN $ 4121,725.81 ° ROSENBAUER $ 432,233.00 Table Notes: Pre -payment discounts and applicable discounts hove been applied to all above _amounts ➢ Pierce price includes heavier suspension and one piece windshield ➢ Sutphen did not have bumper configuration for loading of extrication tools ➢ ,4osenbouer truck was priced with 60-inch cab not 70-inch in others reviewed ➢ ,4 Performance bond issuance u,00rn payment for all are included in quoted price ➢ Pierce :had the smallest wheelbase of 223 inches and has the best turning radius of the configuration New Purchase Engine 9 — pumper shall replace the oldest current pumper (still in service) which is over 30 years old (Engine 5). The department's newest pumper at this time is a 1997 Pierce Saber Rescue Pumper (approaching 20 years old) which is the "first out" or primary engine that provides service to our community. S.L. hIT: d A t,IIII }kt;'.I'4'.t1ohe-, FIor-da a 34()�4 3[.}3 N F`_'S63-4h7_!586 PROPOSAL FOR FURNISHING FIRE APPARATUS November 25, 2016 Okeechobee City Fire Department 55 SE 3RD AVE Okeechobee, Florida 34974 The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One (1) Pierce Saber Pumper,Florida Sheriffs Assn.16 - V EF 12.0 Spec. # 19 $ 316,231.00 Customer specified options as detailed in the attached "Proposal Option List" 122,305.00 Discount on options per FSA contract, 6.5% _ (7,951.00) Additional Manufacturer and Dealer discounts (3,800.00) 100% Prepayment discount performance Bond included. (14,278.00) Payment due upon reciept of performance bond and Invoice Total $ 412,507.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 9 months after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Kissimmee. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 45 days from date, the right is reserved to withdraw this proposition. Pierce Man , Inc. By: AUTHORIZED SAL RE RESENTATIVE Anthony Autorino D1397PERFORM. LIKE NO OTHER- Revised: 1 i E r/ I a pk i -Y II-- 7 I I Exhibit 7 Dec 11- 2016 CONDUCT OF ELECTION REPORT [Section 102.141(9), Florida Statutes] This report is due to the Division of Elections/Bureau of Voting Systems Certification at the same time that the county canvassing board submits its certified official election results for any presidential primwy, general, primary, and special elections, whichever is applicable. >!. County: Okeechobee 2. Election Year: 2016 I Election (check only one). © Presidential Preference Primary Election 0 Primary Election ®✓ General Election 0 Other election (specify): 4. Election Definition. Definition created by (Check one): M County Supervisor of Elections' Office (SOE) © Vendor © Consultant © Other (describe): 5. Voting Devices (fill-in the applicable number): Absentee Central Count Marksense Scanners Initial Total AB Scanners Removed Replaced or Added 2 Precinct Count Marksense Scanners Pollin Locations Initial Total Deployed Removed Replaced or Added Early Voting 1 2 Election Day 11 11 ADA Voting Devices e.., Marking device and/or DRE Touchscreen Polling Locations Initial Total Deployed Removed Replaced or Added Early Voting 1 2 Election Day 1 1 11 6. Ballot -Printing (check all that apply): Early Voting Election Da Absentee Ballot -on -Demand (BOD) X Ballot Printer Service (provided by SOE's Voting System Vendor) X X Ballot Printer Service (provided by other than SOE's Voting System Vendor) DS-DE 81 (Updated 01/2016) Page 1 of 6 cm CONDUCT OF ELECTION REPORT 7. Did equipment or software malfunctions occur at the precinct level, at a counting location, or within computer and telecommunications networks supporting county location (Section 102.141 (9)(a)1., F.S.)? * NO Proceed to 8. ❑ YES Summarize the number of malfunctions by location on the chart. Then mark on the checklist below the type of malfunctions. Also attach an explanation of the steps that were taken to address the malfunction(s). r N>�'r:n':d,.r�_�°a«e.�,��crsca.�•=;?:�xs5��+."��: -". spa... Ear 1y Votitig'Site 'l ,Pollen Places;-. 1 CentraWIT 1r6n-F . Equipment Marksense Scanner ADA Marking Device ADA DRE Touchscreen Software Marksense Scan ADA Marking Device ADA DRE Touchscreen Computer Election Management Telecommunications Modems and Phone lines Notes: Election Day refers to the polling locations. American Disability Act (ADA) Media refers to a tabulator's memory cards, memory packs, USBflash memory, zip drive, PEBs, etc. h A �, s r Yea � CheckLst for type of malfunctions ' `� i% YSiF `u-p'' -a,.F•'•5..}Yi*.6H,'L F,�-k,${ ��'} �"'�i4.� 1ti"� -r -t_ i w'•S'Y.'.CY Z+?-h TSYt'a°ae.t'. Early Voting and Election Day Central Location Voting devices Absentee tabulation Voting devices - not connected to electrical power or power source failure Marksense scanner Voting devices - battery backup failure - battery not charged failure - repaired - Voting devices - battery backup failure - removed from service remained in service ADA device failure - repaired - remained in service ADA device media failure - media replaced ❑ Marksense scanner Marksense scanner failure - repaired - remained in service memory media failure - 11Marksense scanner memory media failure - media replaced media replaced -ffMarksense scanner failure to reject a blank ballot Marksense scanner failure to reject a ballot with an over voted contest Election Management Marksense scanner failure to accept one or more under voted contests ❑ Problem or Ballot box diverter failure - removed from service malfunction with -TTBaliot box diverter failure - repaired - remained in service uploading results or Used the marksense scanner's ballot box emergency bin creating reports. Cannot complete a planned modem upload or problems with the phone lines Other. Provide the description: ❑ Other. Provide the description: DS-DE 81 (eff. 01/2016) Page 2 of 6 CONDUCT OF ELECTION REPORT 8. Were any election definition errors discovered after the logic and accuracy test? (Section 102.141 (9)(a)2., F.S.)? N NO Proceed to 9. ❑ YES Summarize the number of errors in the appropriate columns in the table below. Attach an explanation of the steps that were taken to address the errors. r" L ntraA coun tElechon �efiartion Precinct count=media , Cel t media � • � -rj"73, rrors�„_^ errors.;ferrors;: County created definition or media Vendor created definition or media with correct county information Vendor created definition or media with incorrect information from the county 9. Did any ballot printing and ballot supply problems occur? (Section 102.141 (9)(a)3., F.S.)? V) NO Proceed to 10. ❑ YES Summarize the number of errors in the appropriate column in the table below. Mark on the checklist below the type of problems or errors and attach an explanation of the steps that were taken to address the problems. d-.' d 'WS '.t t Hu t-T Electronitip'� Paper UKot Paper ballot a Paper ballot q�liallot`Iayout layout errors printer errors supply". .errors, f. ,§r iroblems County created the ballot Vendor created with correct county information Vendor created with incorrect information from the county Checklist for type of ballot or printer problems Early Voting and Election Day Polling location (please identify the location) nIncorrect ballots to the voter — poll worker error IlBallot moisture (humidity) cannot scan Absentee Illncorrect ballots to the voter — election staff error Illncorrect ballots to the voter — vendor error Ballot -on -demand (BOD) Printed incorrect ballots — printer error such as duplex Printed incorrect ballots — software error Printer failure Illncorrect ballots given to the voter — poll worker error Other IlProvide the description: DS-DE 81 (eff. 01/2016) Page 3 of 6 CONDUCT OF ELECTION REPORT 10. Did you have any staffing shortages and procedural violations by employees or precinct workers during the conduct of the election? (Section 102.141 (9)(a)4., F.S.) 0 NO Proceed to 11. r YES Summarize the number of issues in each of the appropriate columns in the table below. Attach an explanation of who (the supervisor of elections or the canvassing board, as applicable) and what the steps that were taken to address the shortages and/or procedural violations. when Number of shortages Number of instances of��* f' proceduresrwereviolated insufficient,train►n Poll workers Election staff Security Temporary support 11. Were there instances when the needs for staffing and equipment were insufficient to meet voters' needs? (Section 102.141 (9)(a)5., F.S.) 21 NO Proceed to 12. © YES Fill in the numbers in each of the appropriate columns in the table below. Attach an explanation of the steps that were taken to address the insufficiency. �Number�of lap nned, ��` ' Dumber of resources �"� ��'� Number of �nsuffic�enE"`F .Pik` tytz X-s.. t6 3 � �resources� for Election Day available orElectioniDay� resources onwlecnon Day 4r.a w,t;t�-YF. "ztw 'ga-Tu se v*F»xas to,meetthe�voteiss';needs< Poll workers Election staff Voting devices Note b�e�lo�v �c3� e�e� a' e6 - g Other equipment and supplies Note: The number of " lanned" items is based on the Election Day estimates, and "available" is the actual items at the start of the Election Day. Note that the number of voting devices available is based on the actual initial total deployment including ADA devices as provided on page I for Election Day. Other equipment and supplies, for example, refers to summation of the number of electronic pollbook devices, provisional ballot supplies, ballot boxes, transfer bags, etc. DS-DE 81 (eff. 01/2016) Page 4 of 6 CONDUCT OF ELECTION REPORT 12. If the canvassing board conducted a manual recount of overvotes and undervotes, does the canvassing board have suggested revisions for the standards for determining a voter's choice as set forth in law or rule to better determine the voter's choice for any ballot on which a determination could not be made? (Sections 101.6952(2) and 102.166(4), F.S. and Rules 1S-2.027 and IS-2.051) u N/A Proceed to 13. © NO Proceed to 13. F1 YES If yes, provide suggested revisions to the standards below and, as necessary, attach additional pages and a copy of a representative ballot for which a determination could not be made to illustrate the issue. 13. Do you have any additional information regarding material issues and problems associated with the conduct of election? (Section 102.141 (9)(a)6., F.S.) 0 NO Proceed to 14. ❑ YES Indicate on the checklist below the type of issue(s) or problem(s). Attach an explanation of the steps that were taken to address the issue(s) or problem(s). Checklist Early Voting and Election Day Polling location Incorrect setup Solicitation area violated Incompatible for ADA accessibility Incompatible for use as a polling location Voter check -in Electronic poll book / precinct register error Paper poll book / precinct register error Process error (Checklist continued on next page) DS-DE 81 (eff. 01/2016) Page 5 of 6 k Voters CONDUCT OF ELECTION REPORT nFleeing voter nDisruptive behavior nDisruptive photography Observers nNot approved nDisruptive behavior nDisruptive photography Media and/or citizen polling nDisruptive behavior Other nprovide the description: 14. Signatures County Canvassing Board Signature Title Date 2. co J�� 11 Its Z� t, NOTICE: A statutory duty exists to report the discovery of any new or additional information on any of the items required to be included in this report. The supervisor of elections must notify the Division of Elections no later than the next business day after the discovery. The supervisor must then submit a signed written report amended report no later than no later than 10 days after the discovery. § IO2.141(9)(b) , F.S. DS-DE 81 (eff. 01/2016) Page 6 of 6 *** Official *** I Xhlblt CERTIFICATE OF COUNTY CANVASSING BOARD OKEECHOBEE COUNTY Dec 13, 2016 We, the undersigned, JERALD D. BRYANT, County Judge, DIANE HAGAN, Supervisor of Elections, FRANK IRBY, BOCC Chairman, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the Eighteenth day of November, 2016 A.D., and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the Nonpartisan held on the Eighth day of November, 2016 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: Retention of Justice Charles T. Canady of the Supreme Court Yes 7,731 votes No 4,081 votes Retention of Justice Jorge Labarga of the Supreme Court Yes 7,248 votes No 4,505 votes Retention of Justice Ricky L. Polston of the Supreme Court Yes 7,591 votes No 4,178 votes Retention of Judge Cory J. Ciklin of the Fourth District Court of Appeal Yes 7,555 votes No 4,166 votes Retention of Judge Dorian K. Damoorgian of the Fourth District Court of Appeal Yes 7,437 votes No 4,274 votes Retention of Judge Jonathan D. Gerber of the Fourth District Court of Appeal Yes 7,656 votes No 4,031 votes Retention of Judge Robert M. Gross of the Fourth District Court of Appeal Yes 7,415 votes No 4,220 votes 11/18/2016 05:28:42 PM 0 *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD OKEECHOBEE COUNTY Retention of Judge Spencer D. Levine of the Fourth District Court of Appeal Yes 7,521 votes No 4,114 votes Retention of Judge Melanie G. May of the Fourth District Court of Appeal Yes 7,758 votes No 3,887 votes For Circuit Judge, 19th Judicial Circuit, Group 6, the whole number of votes cast was 11,457 of which Michael J. McNicholas received 6,150 votes Robert "Bob" Meadows received 5,307 votes For School Board, District 4, the whole number of votes cast was 12,565 of which Amanda Fuchswanz received 7,372 votes Levi Johnson received 5,193 votes For City Council, the whole number of votes cast was 2,841 of which MonicaMcCarthyClark received 1,008 votes Jerry Johnson received 418 votes Michael G. O'Connor received 783 votes Ray Worley received 632 votes 11/1812016 05:28:42 PM 2 *** Official *** CERTIFICATE OF COUNTY CANVASSING BOARD OKEECHOBEE COUNTY We Certify that pursuant to Section 102.112, Florida Statutes, the canvassing board has compared the number of persons who voted with the number of ballots counted and that the certification includes all valid votes cast in the elec'' BOCC CHAIRMAN 11/18/201605:28:42 PM ti. w Exhibit 9 Dec 13, 2016 RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FROM THE OKEECHOBEE COUNTY CANVASSING BOARD FOR THE 2016 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO BE HELD BY MONICA M. CLARK AND MICHAEL G. O'CONNOR, AS ELECTED CITY COUNCIL MEMBERS; PROVIDING FOR THE CITY CLERK TO ISSUE CERTIFICATES OF ELECTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 19, 2016, by virtue of the provisions of the Charter of the City of Okeechobee and Florida State Law, Mayor Kirk proclaimed and declared that a General City Election be held on November 8, 2016, by the qualified voters for Two City Council Members; and WHEREAS, as provided in Section 26-4 of the Code of Ordinances, the City's qualifying period was held from Noon, August 15 through Noon, August 19, 2016, in the Office of the City Clerk for all persons who desired to become a qualified City Candidate; and WHEREAS, such person(s) who qualified as candidates for the Office of City Council and whose names appeared on the General Election Ballot were: Monica McCarthy Clark, Jerry Johnson, Michael G. O'Connor, and Ray Worley; and WHEREAS, the City entered into an Agreement on August 1, 2006, with the Okeechobee County Supervisor of Elections, which sets forth the provisions for the City General Elections to be held in coordination with the County's Election, and submit such results to the City Council for official acceptance; and WHEREAS, the Canvassing Board Official Results dated November 18, 2016, and signed by Jerry Bryant, County Judge; Diane Hagan, County Supervisor of Elections; and Frank Irby, Board of County Commissioners Chairperson; declare the votes given for the Nonpartisan Election held November 8, 2016, are that Monica McCarthy Clark and Michael G. O'Connor received the highest number of votes for the Office of City Council. 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. Statement of Votes Cast provided by the Okeechobee County Supervisor of Elections with 2,671 registered City voters as of October 18, 2016: Name of Candidate: Polling Precinct (No. 6): Absentee: Early Vote: Provisional: TOTAL VOTES: PERCENTAGE: Monica McCarthyClark Jerry Johnson Michael G. O'Connor Ray Worley 351 144 252 227 164 76 143 98 491 198 387 307 2 0 1 0 1,008 35.48% 418 14.71 % 783 27.56% 632 22.25% RESOLUTION No. 2016-10 PAGE 1 OF 2 0 Section 2. That, Monica McCarthy Clark and Michael G. O'Connor, be, and they are hereby declared elected as City Council Members, and shall hold office for four (4) years beginning the first Monday in January following the City General Election and until their successors are elected and qualified as provided in Section 26-5, Code of Ordinances. Terms being January 2, 2017, through January 4, 2021. Section 3. The City Clerk is hereby instructed to coordinate an Investiture Ceremony for the official issuance and delivery of the Certificates of Election to each candidate elected as provided in Section 26-10, Code of Ordinances. Section 4. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. Section 6. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 13`h day of December, 2016. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLUTION No. 2016-10 PAGE 2 OF 2 ,.OF'OKfFCy ti� ohm ° �Y o MEMORANDUM x g TO: Mayor Kirk, Council, Attorney Cook, DATE: Administrator Montes De Oca FROM: Administrator Montes DeOca Lxh1hif /D ., OeC-. J3, 2014v 1)isfr1hu#d Qf Mee fire. Dec 13, 2016 SUBJECT: Add to Dec 13 Agenda, City's Position on the State Land Acquisition South of Lake Okeechobee Please change the current New Business item G to H, and add the following as New Business Item G, Exhibit 10: Discuss the City's position on supporting the State Land Acquisition South of Lake Okeechobee. A copy of the proposed resolution from the Treasure Coast Regional League of Cities is attached. Page 1 of 1 9. a. Resolutions Resolution R2016-005 A RESOLUTION OF THE TREASURE COAST REGIONAL LEAGUE OF CITIES, INC. SUPPORTING STATE LAND ACQUISTION SOUTH OF LAKE OKEECHOBEE FOR RETAINING AND TREATING POLLUTED WATER, ABATING HARMFUL, TOXIC ALGAL BLOOMS, AND PROVING FOR THE GOOD STEARDSHIP OF LAKE OKEECHOBBEE, ST. LUCIE AND CALOOSAHATCHEE RIVERS AND ESTURAIL SYSTEMS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Treasure Coast Regional League of Cities, Inc. recognizes and supports Senator Joe Negron and the scientific community's resounding call for the State of Florida to acquire land south of and around Lake Okeechobee for the purpose of retaining and thoroughly treating polluted freshwater before its introduction into unpolluted waterways such as the Caloosahatchee and St. Lucie Rivers; and WHEREAS, the most recent reduction of algal blooms in the St. Lucie River is a direct consequence of reduced, "pulsed" freshwater discharges by the U.S. Army Corps of Engineers' and WHEREAS, the cities and towns that make up the Treasure Coast along with the Florida League of Cities, and 160 other municipalities in the south Florida regions are working to further identify common goals and solutions to complement any State plans for future land acquisition. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TREASURE COAST REGIONAL LEAGUE OF CITIES, INC., THAT: Section 1: The foregoing precatory language is adopted as if set forth below. Section 2: The Treasure Coast Regional League of Cities, Inc. further urges the expeditious acquisition by the State of Florida of lands south of and around Lake Okeechobee that may be used for retention and treatment purposes. Section 3: This Resolution n shall become effective upon its adoption. Adopted this 7th day of December, 2016 Mayor Linda Hudson, interim - President Attested