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2000-02-15 Regular837 PAGE 1 OF 7 II. OPENING CEREMONIES: Invocation offered by Reverend Calvin H. Fryer; Council Member Watford offered the invocation in Reverend Fryer's absence; Pledge of Allegiance led by Mayor Kirk. III Mayor Kirk led the pledge of allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. III Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Robert Oliver Present Council Member Dowling R. Watford, Jr. Present City Attorney John R. Cook Present City Clerk/Interim City Administrator Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present IV. MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 1, 2000 Regular Meeting. Ill February 18, 2000 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 2 OF 7 V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2000 Warrant Register in the amounts, General Fund $268,216.89 and Public Facilities Improvement Fund $13,094.51. V. AGENDA -Mayor. Council Member Watford moved to approve the January 2000 Warrant Register in the amounts, General Fund two hundred sixty-eight thousand, two hundred sixteen dollars, eighty-nine cents ($268,216.89) and Public Facilities Improvement Fund thirteen thousand, ninety-four dollars, fifty-one cents ($13,094.51); seconded by Council Member Oliver. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. 11 A Proclamation for Hazardous Weather Awareness Week was added. A New Business matter was added to discuss a building permit for TNT Construction. ITEM ADDED TO THE AGENDA: PRESENTATION OF PROCLAMATION - Mayor. A. Proclaim the Week of February 21 through 25, 2000 as Hazardous Mayor Kirk read the following proclamation in its entirety: "WHEREAS, in 1999, Florida experienced tornadoes and Weather Awareness Week. severe weather damage totaling over $25 million; and WHEREAS, in Florida in 1999, nine people drowned in rip currents; and WHEREAS, in Florida in 1999, tornadoes, severe thunderstorms and lighting injured sixty-one people; and WHEREAS, a public that is well informed of the dangers associated with hazardous weather can improve its preparedness and reduce the occurrence of death and injury as a result of such weather conditions; and WHEREAS, the National Weather Service of the United States Department of Commerce and the Florida Department of Community Affairs wish to stress the importance of remaining prepared for severe weather by disseminating safety and preparedness information to the people of the state; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby proclaim February 21 through 25, 2000 as HAZARDOUS WEATHER AWARENESS WEEK in Florida and urge the cooperation of the National Weather Service, the Florida Department of Community Affairs, the 67 County Emergency Management Agencies, and the news media in an effort to inform all residents and visitors of appropriate safety measures that should be taken when hazardous weather conditions occur." The proclamation was presented to Gene O'Neill, Emergency Management Coordinator. FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 3 OF 7 VI. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the Public Hearing for Final Ordinance Adoption at 6:08 p.m. A.1. a) Motion to read by title only proposed Ordinance No. 741 regarding Council Member Watford moved to read by title only proposed Ordinance No. 741 regarding the rezoning of Lot 8 in the rezoning of Lot 8 in Block 253, City of Okeechobee, from Heavy Block 253, City of Okeechobee, from Commercial (C) to Residential Single Family One (RSF-1); seconded by Council Commercial (HVC) to Residential Single Family One (RSF-1) - City Member Chandler. Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 741 by title only. Attorney Cook read proposed Ordinance No. 741 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL DISTRICT (CHV), TO RESIDENTIAL SINGLE FAMILY ONE (RSF1) DISTRICT AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 741. III Council Member Chandler moved to adopt proposed Ordinance No. 741; seconded by Council Member Oliver. b) Public comment. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. In response to Council Member Watford's question, why the zoning district is referred to as Heavy Commercial in the Ordinance and the designation on the City Zoning Map is Commercial, he was advised that until the Existing Land Use Map is completed, the City Zoning Map could not be updated with the new zoning district names which were adopted by the new Land Development Regulations. The Planning Board voted unanimously at their January 25 meeting to uphold the City Planning Consultant's recommendation that this rezoning request is consistent with the Comprehensive Plan and that it be approved by the City Council. Council Member Markham disclosed he would have to abstain from voting on this matter due to his employment with Culbreth Real Estate. � � 1 FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 4 OF 7 VI. PUBLIC HEARING CONTINUED. A. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Motion to approve a Grant of License between the City and Florida Youth Conservation Corp for use of City Property, Block 5, Lots 6 and 7 Royal Oak Addition - City Attorney (Exhibit 2). B. Discuss the proposed Adult Entertainment Ordinance — City Attorney (Exhibit 3). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - ABSTAINED OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook noted the property owner has submitted a Special Exception Application for this property to allow a hose of worship on less than five acres. The Application will be heard by the Board of Adjustments Tuesaay, February 22, 2000 at 7:00 p.m. Mayor Kirk closed the Public Hearing at 6:13 p.m. Council Member Watford moved to approve a Grant of License between the City and Florida Youth Conservation Corp for use of City Property, Block 5, Lots 6 and 7 Royal Oak Addition; seconded by Council Member Oliver. Following a brief discussion, Motion and Second was withdrawn from the floor. The Council instructed Attorney Cook to amend the Grant of License adding that the FYCC must move items on the property at the request of the City and at the expense of the FYCC. Council Member Watford moved to approve a Grant of License between the City and Florida Youth Conservation Corp for the use of Lots 6 and 7 in Block 5, Royal Oaks Addition as amended; seconded by Council Member Oliver. The Council also agreed with Council Member Markham's suggestion that the Grant of License not be signed by the Mayor until Staff receives proof of insurance from FYCC. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. No official action was taken or discussed on this item. FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 5 OF 7 r:� VII. UNFINISHED BUSINESS CONTINUED. C. Motion to enter into a revised agreement between the City and Attorney Cook presented the Council with a proposed ordinance to regulate adult entertainment establishments within Craig A. Smith and Associates for professional services to seek the City. The Council instructed Attorney Cook to have the ordinance ready for first reading at the March 7 and administer special funding projects relating to services and meeting, giving the Council time to review the ordinance further. improvement within the City of Okeechobee -City Attorney (Exhibit a Council Member Oliver moved to enter into a revised agreement between the City and Craig A. Smith and Associates for professional services to seek and administer special funding projects relating to services and improvement within the City of Okeechobee; seconded by Council Member Chandler. There was a brief discussion on this matter. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Vill. NEW BUSINESS. ITEM ADDED TO THE AGENDA. Consider a request regarding an expired TNT Construction applied for and received a permit for Patricia Powell on November 13,1998 to construct a new duplex building permit for TNT Construction - Mark Troendle (Exhibit 9). at 425 Northeast 3" Street. The building was not completed, construction was stopped due to a Mrs. Powell's divorce proceeding. The permit expired May 12, 1999.On January 24, 2000, TNT Construction owner, Mark Troendle called to schedule a final inspection for the duplex. Mr. Troendle was informed by our Building Department that since his permit had expired several months ago, the final inspection could not be done without Council action. Mr. Troendle formally asked the City Council to approve his request for the City Building Inspector to perform the final inspection. Council Member Oliver moved to give the Building Department authority to conduct a final inspection for Permit No 98 295, Patricia Powell; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 6 OF 7 Vill. NEW BUSINESS CONTINUED. A. Motion to adopt Resolution No. 00-01 adopting the Local Mitigation Council Member Markham moved to adopt Resolution No. 00-01 adopting the Local Mitigation Strategy Report; Strategy Report - Council Member Markham (Exhibit 5). 111 seconded by Council Member Oliver. There was a brief discussion on this item. B. Consider an inquiry regarding an economic development opportunity - Dale Milita (Exhibit 6). C. Consider a request from Financial Affiliates II, Inc. regarding "Villages of Okeechobee" a 50-unit apartment community - Keith Dusenberry/Gina Causey (Exhibit 7). D. Conduct Interviews for the Public Works Director - Mayor Kirk (Exhibit 8). VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - NO MOTION CARRIED. Mr. Dale Militia appeared before the City Council asking whether or not there was any interest in selling fifty acres of the City Property in the Northeast Section to a new industry. It would employ thirty-five to fifty full time employees initially and fifty to eighty at build -out. The average wage is expected to be eight to twelve dollars an hour with a projected benefit package of an additional 28 percent of wage. The initial investment of this industry will be approximately $4 million. The land needed initially is thirty acres with a build -out to fifty acres. The zoning must be Industrial and the cost of the site must be affordable. The consensus of the Council was that they were interested and instructed Mr. Militia to proceed with the project. Mr. Militia responded that he would be bringing items to the Council for consideration each step of the way. No one from this company was present. The Council conducted interviews with the three applicants that were present in the following order, Mr. Paul Carlisle, Mr. Paul Swiech and Mr. Brad Woods. Following the interviews, Council Member Oliver moved to appoint Mr. Carlisle as the Public Works Director; seconded by Council Member Chandler. Mr. Carlisle will have thirty days to report to work, should he accept the City's offer. FEBRUARY 15, 2000 - REGULAR MEETING - PAGE 7 OF 7 84 VIII. NEW BUSINESS CONTINUED. D. Conduct Interviews for the Public Works Director continued. �b IX. ADJOURNMENT - MAYOR. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ATTEST: JAME E. KIRK, MAYOR BONNIE S. THOMAS, CIVIC, CITY CLERK VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:53 p.m. The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (941) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a U in the matter of _ tj in the 19th Judicial District of the Circuit Court of Okeechobee Count , Florida, was pu l- hed in said paper in the issues of count o�t��!) 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. pp----.� Gto and su cribed before me this day of4 A.D. 10 0 O otary1,301,w , State of Florida at Large 211514 - 14 'fWlMbli'r" � - E: M0T10E �M, the c�ryy CNy d OkexlnDne, FIorF 2000at f011dI1Ci � onxidUnoft m, U41. sN aF , WE OFF� :.i UMMM PAR� '155 WOWWWrowwr S F' Msr oNE A-�) os. ws6 THE 41 VAP uie A7 r,:. .: �,;. a =Jai a my:. emee�s a s� �alte �' a reCvd ,.,,,"•,••,,, Candy S. Collins Commission # CC 878038 BOat. 10, 2003 onded Thm �' n, ° Atlantic Bonding Co. 1 n& r� u Page 1 of 3 0, OKttC� O �. Minter afto MEMORANDUM To: Mayor, Council Members and City Attorney From: Bonnie S. Thomas, City Clerk/interim City Administrator Subject: Status Report Date: February 9, 2000 Maria from the Okeechobee News will be taking pictures Tuesday night at the PICTURES Meeting of the City Council, City Attorney and City Clerk for the new Fact Book. Dress your Best! The City's team is officially registered. They have asked to extend an RELAY FOR LIFE invitation to everyone to come out Friday, February 25 at 7:00 p.m. for the opening ceremonies, stay as long as you like and help cheer them on. Their theme is "Responding to a Red Hot Cure." Will meet on Tuesday, February 22"d to consider a Special Exception BOARD OF Application submitted by Sylvia Nelson in order to have a house of worship ADJUSTMENT on a piece of property less than 5 acres, Lots 7 & 8 of Block 253, 1st Addition to the City of Okeechobee (corner of SE 2"d St & 51h Ave). LAND PLANNING Will meet on Tuesday, February 22"d to discuss amendments to the LDR's, AGENCY specifically telecommunications and cellular towers in zoning districts. POLICE & FIRE Received rough sketches from the architect of the floor plan, city staff is BUILDING reviewing and making changes and will meet to discuss the changes RENOVATIONS sometime the first of March. Independent Inspections issued 24 building permits and 1 occupational BUILDING DEPARTMENT license inspection on behalf of the City for the Month of January, 2000. POLICE CARS New vehicles should arrive the first of March. 1. Updating and modernization of City Ordinances (Code Book and LDR's 1. Telecommunications 2. Departments and Offices 3. Planning and Development 4. Streets and Sidewalks 5. Subdivision Regulations 6. Water and Sewer Regulations) — Land Planning Agency is currently discussing the telecommunication amendments to bring to Council for final approval. OUTSTANDING ISSUES - CITY ATTORNEY 2. Letter to 6ri-(dene) /Titan/Riscorp regarding Assessment Payments. 3. Amend LDR's to reflect set back requirements and the tower issue Currently discussing telecommunication issues with Land Planning Agency to prepare amendments to bring to Council for final approval. Page 2 of 3 OUTSTANDING ISSUES - CITY ATTORNEY CONTINUED OUTSTANDING ISSUES 4. 6. 7. 8. 9. Adelphia Cable TV Franchise Agreement Renewal. Adelphia has finally responded and stated they would meet with the City. Sprint Telephone Franchise Agreement Renewal. Adult Entertainment Ordinance. — Item for discussion on the February 15' Agenda. Referendum for Tax Abatement for Economic Development -- November Ballet. Historic District Ordinance. 10. Meeting with Jeff Sabin of Waste Management regarding proposed changes in the Solid Waste Franchise Agreement. -- Meeting is tentatively scheduled for Friday, February 25' at 8:30 a.m.. 11. FYCC/Tom McCoin, License to use city property. -- Item for the February 15' Agenda.. 12. Ordinance amending the LDR's regarding Temporary Use Permits. — Will have prepared and on the March 7`' Agenda. 13. Letter to the OUA regarding road cuts and permits. — Delivered on Wednesday, February 2nd 14. Fire Hydrant Issue with the OUA. -- In the February 2nd letter to the OUA it states, the present interlocal between the City and OUA provides that OUA will comply with NFPA standards in line extensions and placement of fire hydrants. Our position is that this requires the OUA to place, at its cost, such hvdrants as are suggested by the NFPA standards. However, we are going further than that, and intend to propose for passage an ordinance similar to that in St. Lucie County which mandates the placement of hydrants at any time a utility provider makes a line extension." The 0UAAttorney has contacted Attorney Cook requesting to meet and stating that an amicable solution can be reached to this problem without having to adopt an ordinance. 15. Adult Entertainment Ordinance. — Item for the February 15`' Agenda. I have a file which itemizes Attorney Cook's request for payments for October through January, items completed (including the Melland Issue) in my office and Finance. 1. PRM Interlocal Agreement - Consolidate policies between the City, County and Sheriffs Office to achieve lower premiums (John Spyker). 2. Re -structure salary schedule (City Clerk and Department Heads — Plans are to begin work on this as soon as Bill Veach begins working for the City after February 21 st. Page 3 of 3 OUTSTANDING ISSUES CONTINUED 3. Re -submit application for Affordable Housing through Craig A. Smith & Associates (Nancy Phillips & City Staff) — Advertisement for Grant Administrator on any and all types of Grants will be in the Palm Beach Post and Okeechobee News Thursday, February 10, RFP's will be opened on Wednesday, February 23'd at 3:30 p.m. The City must advertise for grant administrator's every year. 4. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Tomey & Safety Committee). 5. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook). 6. Reformat budget presentation (Mayor, City Administrator and Finance Coordinator). 7. OUA Fire hydrants, road cuts and well points (Council, Administrator and Public Works Director). 8. Bids and awards for Side Mower for Public Works (Public Works Director). 9. Review need for additional personnel in City Clerk's Office and General Services (City Clerk and City Administrator). 10. Final determination regarding implementation of 99-00 capital outlay in Street Improvement (Lawson, Noble & Associates and Council). 11. Traffic Signal at South Parrott Avenue and 4"' Street (Chief Farrenkopf and DOT). 12. Enhanced 911 (City and County Staff). 13. Safety inspection/compliance of Public Works from the Florida Department of Labor Safety and Health Program (Public Works Director). Lona Term: 1. Re -apply for FRDAP Grant for Phase 2 of City Hall Park Project. 2. Apply for CDBG Grant for continuation of Downtown Project. 3. Address traffic congestion problems due to hurricane evacuations. 4. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 5. Construction of bridge of Taylor Creek for access to City Property. 0 __-__-__- CITY Or OKEECHOBEE--- -' '- - -- - CITY -COUNCIL REGULAR MEETING -February 15,2000 HANDWRITTEN MINUTES -1 '- '- --- 'Jt. - itivu�,otlu/oft, cJby, ~ . F,~"r --- '----- Pledge of or Allegiance -- v�__- 'i1111.-COUNCIL AND STAFF ATTENDANCE ' Council Member Chandler ---- ----2 �~� � �- -- Cww -- --- --- -- - ----' -- -- ---- Council Member Me0Mb8[[]liver Cook - - - --�- - '`~....x-�.��_. | InterimAdDlinClerk Thomas - .._ _ .Q~~~_- . '.__' --__- ' - ''--''__'--- ' !ON -OF . .~-~~~~~....~.. �~~~y~~.-- • --fage -2- I It ARM N bi kAi UK. A. Council Member moved to approve the January, 2000 Warrant Register in the amounts, General Fund MU16.8,q ---and Public -- -Vol YES AIMENT- A-BSTAT1qM- Facilities Improvement Fund KIRK $13_,094_,51_,____%eof1ded__ CHANL LLK c i I Member MARKHAM OLIVER WATFORD 0- nir _MOT1 %-.M FXI -AGENDA Mayor. - A. Requests for the addition, rral or withdrawal of items on today's agenda. -PUBLIC HEARING FOR FINAL ORDINANCE ADOPMON-,Mapr 204) moved -to -read by - title -onty PFGPGSW Ordinance ;-74-1-- - a' Geune'l Mem ryU regarding the rezoning of Lot 8 in Block 253, City of Okeechobee, from Commercial (C) to ftsldentlal -Zliiyle Fdmlly (RSF-1) - City Attorney (Exhibit 1) ded by CouncilMemberVGq-E: -YF5--- -NO ABSENT ABSTAINED ---- KIRK CHANDLER MARKHAM --b) ----Vote-Gn_AxAon to read by title-- only. WATFORD 00" �Rl DENIED c) Attorney Cook read proposed MOTION' AR Ordi6afice__N6._74T by Tfffedin])F l__ as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF —OKEECHOBEE BY REZO)OW A CERTAINTRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL DISTRICT (CHV), TO RESIDENTIAL SINGLE-FAMILY OW-(RSF1}_D1ST?AGT_ AMENDING TNE-ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Mernbej moved to adopt proposed Ordinance No. 741; seconded by Council Member. -.._ _,. b) Public comment. Metieft—_ vote on CLOSE PUBLIC HEARIN ayor KIRK )___._ABSENT___ABSTAtNM MARKHAM W ___ ---1- ATFORD :4 MOTION: C �L RD___- DENIED IVH. A. Council Wm-Ye-r _._mbvbd_to_approve -a Grant of Licensebetween-the City 6-nd- Florida Youth Conservation Corpfor use of City Property, VOTE: YE5 NO ABSENT ABSTAINED aAd 7 Royal Addition - City Attorney (Exhibit CHANDLER. Member --OLIVER, WATFORP MOTION: CARRIED DENIED S. Discuss the proposed Adult Entertainment Ordinance - City Attorney (Exhibit 3). � _� - --- ---�--�'- -----C.--Louncii Member P�'LJ n��V��VJ�Q��@��V�6�i |��V��A�l� - ---� - ' . and Craig A. Smith and Associates for professional services to seek and administer special funding projects relating to � --_-____- within the City of Okeechobee - A7=,.- YL5 ABSENT- ASSIAINEU— ' --- CHANPLEk /iseconded by Council Member MAkKHAM -'-------- ' ------ ��r�^/ '--� ----� -- -- --� � VVATFOPP -nUFb'Fr)-- - -- _ V7�� ' " T U ' ' -� ' | � . Vill. . " NEW BUSINESS. | Mitigation Strategy '-�-- ��n"�- -- ----- --- ' ------------- U VOTE: YE5 ��U - (Exhibit -° -�m . KIRK ASSENT ABSTAINED K U OLIVER Yee CT , � NO � B. GoMs-Fd6r -aM|DQU|ry��6-rd|O§46ec]OOOnk%d6V8klpU1eMt opportunity - Dale Milita 6N. !| / / � )! +_ ^� - �-1 ----' - ''- - -------- - - ------'----'------- --- -- -- --- - -----�� 1 � ----- --- --i� ----- ---- ------'------ -- - - ------- -- - - - -- _ ' -^ ' . � ' ' ! ' � - - -- ' 7�-------�' --- ---- - -- -- - -~- --' ---' - -- ' - --'-? - - - - - --- -- - -- - - -- '-- - -' -- - -- -- --- - -- - -- -- --- --- - ---- - -- - — --- ---- --- - -- rage -o- - - - -- E. Cui ia;dui a i "ue5f fi ui i i Fii lai iuidirlfFliale5 11, Inu. regarding" VWes oT uKeecnobee- a ou - unit apartment community - Keith Dusenberry/Gina Causey (Exhibit 7). -- -------- ------ ---- ---- - IT- - - --- -- ------------ i - I , i I' i .I I ----- - — -- - —------- - --- - �t --- --- - --- ----- - ---- - fit- - --- - - -- -- -- - --- �w~ 0 I. CITY OF OKEECHOBEE - _ CITY COUNCIL REGULAR MEETING- Febra ry 1t 210Q_. _ _ HANDWRITTEN MINUTES { ---£At-ET$8R6ER:=-iNayul -Lei»=ua�=v-r3. ��o� �o ,��x M +< 1 - b.►s,� P urrn4n4t� t;tt<tmumcb: - _Invocation offeredWjZeverend,C� ! _ Pledge of Alleoiiance_led by Mcw&r --MAYOR,MIINC" AND-STAFFATTIPNDANC�;- P►�(+a------- - Present Absent - Mayor {H� -- - Council Member Chandler Nfarkham- Council Member Oliver v _ Council Member Watford -y-- --Attomey-Cook---------- - - -- - - - - --- Interim Administrator/City Clerk Thomas -- -- - - - - - - ----- --- v -- --- - - - --- -- - -- -- -- Tt I t l-ADDED rKut�LANIA i rum - nfiayor. -- Proclaim the Week of February 21 through 25, 2000 as Hazardous Weather Awareness Week. rMayor Kirk, read, they followin, proc4unatf401V Lw it's entirety: WHEREAS, iw 1999, Florida, .$2-5_ malty �u_ERFA c W, -- -- Fiorldw ivv 1999, nion& people- drowne& i*v rip currents, and. WHEREAS, i*v Floruda, �w 1999, -- -- -----;.��rn.a�doe.��"?��_►..t't�'mdra.nd,�idyurec�s;,�rx�:sm�l�; �t�^�d.]A1�R��9S,.cvpulnl�.-- -�:, that i* weU, informed of the dangers' ays&czated, witiv ha jard~ weather ca.ty C+nprove, itk --_--- --_, yc� titer ocaurrevic�-dPazh. and_._s-�e�thef prP�r d,a& wT- ' con,d%iE~, a t& , W#FREAS, the. NatGona.L Weather Service- o f thei Un te& Stag aepa* t►nent o f _-- _-- _-- _---=-�9Cei a.nd-_L� �r_i�.�a,Yt►npnt' c�F cnmr►�•��%-�_t4'Sc11tr�3�'!c i� stress tiu�i ;,vrtb�orraru�.nf -- rema�prepa,red f&r semere-weazher by diasenunax�sa&ty a "i-preparedn,"k4,tformattotwtu, NOW,7WER&f Tom. Kixk,1'lu-Y+Qr i pity s2ke ., r� - — hereby prada. m Februawy 21 dwocug- v 25, 2000 a-ik ff Z,4RVDZ(S W64771ER AU44REVESS WEEK iav -- _.la►._< anc� �_gg-erol�tf�rvs2f ii►� Natfovt aL W�aei'-Sei,�'.ida, �2ez.nt Qf -- Covnmc+.n%ty A f fairs; the, 6 7 County Fm ergency Ma*ux#ement Agencies; an&the news• media, i*v an. e-��ttz�-in!vf-rw_au.nl�at�d�Yi�rsc�a�propri�xi_' _ _-- -- _ - - +.._ _ _. _T rhea �t_shotcid!izect�c�rv►,tl�eav ---- I ha�ardaus-weather condntE~occur. tmc� - V fi --- *-- -MINUTES MIN ITES PNTV /mot ER ---- ----.- A. Council Member moved to dispense with the reading and approve the Summary - - --- - - ofi ouiic l�ction or ie Fe naary 'f, zuuu Kegular Mee mg; seconaed dy CouncirMembe� -- VOTE: YES NO ABSENT ABSTAINED -- -- - -- ---� ------ --- - - - - — - - -- _ - — .� , KIRK CHANDLER —� MARKHAM - -- -- - ,r - -- - ---- -- — - --- - -- OLIVER -- —� - - WATFORD MOTTO <ARRIED DENIED A. Council Member? moved to approve the January, 2000 Warrant Register in the amounts, General Fund $268.216.89-- and : _Public ;_- -- _ _ - No ABSSEW--ABSTAINED Facilities Improvement Fund KIRK -' 1 �094-54P'."wv. CW - -by-- - � l.t`1ANVLER----�`----- -'- --- ------ -- ------ - - -- --- ' Council Member MARKHAM ---- - - - -- --- - --- - - - ULIVtK -- -- - "' WATFORD _ - -------- - - - --- -- ----- - --MOTION RIED - DENIED - — -- Y' A. Requests for the addition, deferral or withdrawal of items on today's agenda. ^- 110 ;VL _OPEN PUBLIC._HEARtMG FOB FINAL ORDINANCE ADOPT_IO_-N - Mavor - A: 4: Geuea-Member - moved o- read -by y prepssed -0r�ir+aase -N�. -749 = _ regarding the rezoning of Lot 8 in Block 253, City of Okeechobee, from Commercial (C) to ------- ---___ -++ ----- -- Residential Sinyie ra,o?iy any------ ---- - -- -- -_-.-------- ---- - --- - - .q ' (RSF-1) - City Attorney (Exhibit _ QSY,,,ED �( _ _ , - - --1____edbCounclMeme$fR �ES" rK1 ----_----- - • - HAM � ---- -- --b�- V9te on motion o- ead-by- ' -t.•---- - -- - ---- - only. WATFORD v c) Attorney Cook read proposed MOTION:_ C - _RIED - DENIED - ordinance No. 74l by title only follows: "AN ORDINANCE OF_.- _ _ - THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF _ REZpNING-A-CERTAlbL TR=T-OF--IAND MORE PARTICULARLY _ - DESCRIBED HEREIN, FROM HEAVY COMMERCIAL DISTRICT (CHV), TO RESIDENTIAL -- - --- - - --SINGLE FA WLY ONE (RSF1)-DtSTR4CT7AMENDING1%E Lys - PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Ai C _moved to adopt proposed Ordinance No_741; seconded by Councilk. Member T�0 b) Public comment. . 7 OTE;- - ---- Yes - -N© AB<aT - AssTat IRK — - ✓ 1 MARKHAM WATFO RD MOTION. CARRIED - DENIED - - - V'vl'C' UPI II�V -_-- Ct_u5t PWILIU ntAkwu - mayor- Vit. unrinwncu tsualnt'ao. _ - -- -- - — --- - ---- -- w. -�� A. Council Member _ moved to approve a Grant of License between the City and Lerida Youth C:onservatop_ - --- - - --- - — - - Corp for use of City Property, VOTE: YES NO ABSENT ABSTAINED -Bloch 5,,- Lots 6 and 7 ReO- O&- - -KIRK ---- -- - -v- -- - - - --- --- -- -- - CLO{ Addition - City Attorney (Exhibit CHANDLER !. --- ------ -- - --- ------ - -- --- `_ ---)-gecon& -Council - - hMp,RKHAM -/G Member OLIVER — WATFO RD _ - -- _ MOTION• Rni ' DENIED i LAAL B. Discuss the proposed Adult Entertainment Ordinance - City Attomey (Exhibit 3). LuiaA �\ t �!' �tmii ra 4-b -- ---- -- --- ---- ------ --- ----- - - ----- - -- - - - -- ----- - - - --- -- ---Page -4-- - -- i - G. C:ouncil Member - moved to enter info a r v`g IserTagreement between the City and Craig A. Smith and Associates for professional services to seek and administer special ------ -- - - -- --- funding projects relating to - - - -- -- --- _ -senuices- - - - - --- _ VOTE: AYES NO ABSENT ABSTAINED within the City of Okeechobee - _KIRK_ CHANDLERy seconded by Council Member MAP K_HAM •--- _- - -- — - - - -- - —`--. --- -- - — OLIVER 'bL_uk,- --------- — ----- -- _----______--__--- -- -- }! — —�►, -- - CoanciFihlemtror -k - -moved to adaptVVIV I SUOPfing the i-ocal - - - j Mitigation Strategy Report - -- -- CouncTMemner Markham VOTE: YES NO ABSENT ABSTAINED _ (Exhibit _5); seconded by_ Council Member CHANDLER.^ OLIVER cbi*_ 4t - - / | � �c� JJK�'- -------------� -- - -- ----- .�- ----- w � Ln_ --'' -- ------- -- -- ------ ----- -` --- -- -- ------- -- - - �__-__�__ _-|^ - -- --------- - --- ------ -- ----�--� --'-- -- --- ^ i \---- - - '� - | / � --- - -4+-- -- - - - - - - --- - - ------ / ' �_---- -- -!- --------�--'--------'--------'--- ---'----- �------------- -------------� � ------- -- --- ----- -- Page -b- Consider an inquiry regarding an economic development opportunity - Dale Milita (Exhibit 6). ° — - — - 4c-- _- -big�'d- - -- — -- -- — _ s� I `Y d �1 _ J (� ----C ui tbidw a i %vqutiaH) ui,, R ia� ��.ial AfFitiateslr II n.. - Cyo J �'7 unit apartment community - Keith Dusenberry/Gina Causey (Exhibit 7). I� �I i f G I i fi i i, i I� 0 0 Gonauct interviews for the Pubiic Wo-rts-DiFe-dor - Mayor Kir"Exhibit 6). ta ha kU.�m A) �'___�� --SLL - - __ _-_ ______ - ___ __ _.__ __ - - __ -_ _ _ _ ____ _ --- -- -------� PO LtuJOL ��T �� cam-- • CITY OF OKEECHOBEE FEBRUARY 15, 2000 REGULAR MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: February 15, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Calvin H. Fryer; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook Interim City Administrator/ City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea • IV. MINUTES - CITY CLERK. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 1, 2000 Regular Meeting. V. WARRANT REGISTER - CITY ADMINISTRATOR. A. Motion to approve the January, 2000 Warrant Register in the amounts, General Fund $268,216.89 and Public Facilities Improvement Fund $13,094.51. FEBRUARY 15, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 741 regarding the rezoning of Lot 8 in Block 253, City • of Okeechobee, from Commercial (C) to Residential Single Family One (RSF-1) - City Attorney (Exhibit 1). U b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 741 by title only. 2. a) Motion to adopt proposed Ordinance No. 741. b) Public comment. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. UNFINISHED BUSINESS. A. Motion to approve a Grant of License between the City and Florida Youth Conservation Corp for use of City Property, Block 5, Lots 6 and 7 Royal Oak Addition - City Attorney (Exhibit 2). B. Discuss the proposed Adult Entertainment Ordinance - City Attorney (Exhibit 3). C. Motion to enter into a revised agreement between the City and Craig A. Smith and Associates for professional services to seek and administer special funding projects relating to services and improvement within the City of Okeechobee - City Attorney (Exhibit 4). FEBRUARY 15, 2000 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VIII. NEW BUSINESS. A. Motion to adopt Resolution No. 00-01 adopting the Local Mitigation Strategy Report - Council Member Markham (Exhibit 5). B. Consider an inquiry regarding an economic development opportunity - Dale Milita (Exhibit 6). C. Consider a request from Financial Affiliates II, Inc. regarding "Villages of Okeechobee" a 50 unit apartment • community - Keith Dusenberry/Gina Causey (Exhibit 7). D. Conduct Interviews for the Public Works Director - Mayor Kirk (Exhibit 8). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. >* off=of the Mayor 0hur jobee, jflortba Vrorlamatt'on WHEREAS, in 1999, Florida experienced tornadoes and severe weather damage totaling over $25 million; and WHEREAS, in Florida in 1999, nine people drowned in rip currents; and WHEREAS, in Florida in 1999, tornadoes, severe thunderstorms and lighting injured sixty-one people; and WHEREAS, a public that is well informed of the dangers associated with hazardous weather can improve its preparedness and reduce the occurrence of death and injury as a result of such weather conditions; and , WHEREAS, the National Weather Service of the United States Department of Commerce and the Florida Department of Community Affairs wish to stress the importance of remaining prepared for severe weather by disseminating safety and preparedness information to the people of the state; NOW, THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby proclaim February 21 through 25, 2000 as HAZARDOUS WEATHER AWARENESS WEEK in Florida and urge the cooperation of the National Weather Service, the Florida Department of Community Affairs, the 67 County Emergency Management Agencies, and the news media in an effort to inform all residents and visitors of appropriate safety measures that should be taken when hazardous weather conditions occur. Attest: In adw-s w(wwf I tram 6armto set my fiand and ca„sea tiW ad to be ~ 9m "T- Xrk MM-Pr Boa S ?f►onw, avc cay cfa k Date: Fi6ivanl 15, 2 W 1-1 • Okeechobee Emergency Management Fax Transmittal Phone:941-763-3212 Fax:941-763-1569 Date: 2/14/00 To: City Clerk, Bonnie Thomas Agency: City of Okeechobee From: Gene O'Neill, Director Emergency Management Subject: Weather Awareness Week Proclamation Hi Bonnie, Attached is the proclamation issued by the Governor's Office for Hazardous Weather Awareness Week next week. Request that the city council issue a like proclamation. Thanks, Gene 02/11/2000 18:32 SWP PAGE 01 8504887841 • • STATE Of: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JE9 BUSH 979vam NI. swum Govemor Secretary Memorandum Time Sensitive Material Please Hand Deliver To: All County Emergency Management Agencies in Florida From: Ann Rowe, Information Specialist - Division of Emergency Management Re: Governor's Proclamation - "Hazardous Weather Awareness Week' Date: February 11, 2000 On Thursday, February 10, 2000, Governer Job Bush proclaimed the week of February 21-25, 2000 Hazardous Weather Awareness Week. Working in partnership with the National Weather Service, we will use this week as an opportunity to present information to administrators, teachers, students and the general public to help them learn more about hazardous weather and focus on developing pre -disaster plans. The better informed our communities are to the vulnerabilities of severe weather, the better prepared we will be in making decisions about our safety. We encourage local governments to complement the Governor's acknowledgment of this important public awareness program by pronouncing local support of each days hazardous weather topic, especially the Statewide Tomado Drill on Wednesday, February 23, 2000. We hope to convey the important message of awareness, preparedness and planning throughout this week. Florida residents are encouraged to become better informed about hazardous weather in the state, purchase a NOAA Weather Alert Radio, develop a plan for their families and businesses, and to exercise that plan on a regular basis. 2555 SHUMARO OAK BOULEVARD • TALLAHASSEE, FLORIVA 32399,2100 Phone: 850.488.8488/Sunoom 274.8455 FAX. 850.921.0781/Suncorn 291.0781 Internet address. http.)/www.dca.state tI us FLOWA K11Y4 Area a Cence $We carlwm Mold Owe 2706 OV01N60 HWMW. 341* 212 Merd*M. F10"s 33060-M7 SWR 02/11/2000 18:32 8504887841 i JED BUSH (3O1VERNOR OF THE STATE OF FLORIDA PAGE 02 WHEREAS, in 1999, Florida experienced tornadoes and severe weather damage totaling over 25 million; and WHEREAS, in Florida in 1999, 9 people drowned in rip currents; and WHEREAS, in Florida in 1999, tornadoes, severe thunderstom» and lightning injured 61 people; and WHEREAS, a public that is well informed of the dangers associated with hazardous weather can improve its preparedness and reduce the occurrence of death and injury as a result of such weather conditions; and WHEREAS, the National Weather Service of the United States Department of Commerce and the Florida Department of Community Affairs wish to stress the importance of remaining prepared for severe weather by disseminating safety and preparedness information to the people of the stale; NOW, THEREFORE, 1, Job Bush, Governor of the state of Florida, do hereby extend greetings and best wishes to all observing February 21.25, 2000, as Hazardous Weather Awareness Week In Florida and urge the cooperation of the National Weather Servicel the Florida Department of Community Affairs, the 67 county emergency management agencies, and the news media in an effort to inform all residents and visitors of appropriate safety measures that should be taken when hazardous weather conditions occur. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the state of Florida to be affixed at Tallahassee, the Capital, this 10' day of February in the year of our Lord two thousand. //1" GOVERNOR EXHIBIT 1 - 2/15 AGENDA ORDINANCE NO. 741 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL DISTRICT (CHV), TO RESIDENTIAL SINGLE FAMILY ONE (RSF1) DISTRICT AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.23 acre(s) from CHV, Heavy Commercial District, to (RSF1) Residential Single Family One District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: Now THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: A portion of Lot 8, Block 253, and a portion of the now abandoned Florida East Coast Rail Road right-of-way, all per the plat of the Town of Okeechobee, according to the plat thereof recorded in Plat Book 2, Page 4 of the public records of Okeechobee County, Florida and being more particularly described as follows: beginning at the southeast comer of said Lot 8; thence N 00000'00" E along the west right of way line of S.E. 51 Avenue (70' in width), a distance of 100.00 feet; thence N 89°36'35" W a distance of 50 feet to the intersection with the west line of said Lot 8 if extended north; thence south along the west line of said Lot 8 to the southwest corner of said Lot 8 thence S 89036'36" E along the south line of said Lot 8 and the north right of way line of S.E. 2"d Street (70' in width), a distance of 50 feet to the southeast corner of said Lot 8 and the point of beginning. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended accordingly. Page 1 of 2 n SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. Introduced for first reading and set for final public hearing on this 1st day of February, 2000. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this 151" day of Februarv, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 0 U I ILLLJ 11 11111 L-I I I III vz 41 s It N. E P#m a STATE MO X imp P. L L PARK STREET 019 or, 2 4 3 2 1 '6 Li 7 8 9 All 'tt 12 LU w Cp LU . . . . . . . ui R -25-a 4 -s 6 7 6 it p 0 S. E. 2 ND SINO (SEVMH STREET) F 6 5 3 201 W 6 -4 L CE O C, ado P. VP -R. 7 8 9 10 '12 7 A 9 ig 'if -12 La K . JL Cd I R & F. 3 AD SIRMI (SIXTH STREET] v 0% - 5u A 3 2 1 6 5 4 3 ALM 7 6 10 't1 12 7 9 10 -11 *12 .4 I E. 4 7N SIAMI (FIFTH -STREET) w 191-pla w -R 5 1 AM ES AC 4 6 6 7 p --7 ly, 6 /77'� / zm 2 13 33 13 13 6 7 A � �-t�.Ps! 0019—, "r, j6 10 17 V-0 119 20 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME M�_v Kho n Low f�-i MAILING ADDRESS qoi CITY COUNTY DATE ON WHICH VOTE OCCURRED 'FQJ3f � xq I S , 2LTY--� NAME OF BOARM COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Nq- 00(m? 1' I THE BOARDR COUNCIL. COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: :KCITY .: COUNTY ! , OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: Lk 6 nUe-o'bob& MY POSITION IS: ELECTIVE i3 APPOINTIVE WHO MUST PILE FORM aB This form is for use by any person serving at the county, city, or other local level of governittent on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a,conflict of ingest. w ,�Q. � • Ex�t��r � interoffice M E M O R A N D U M to: Bonnie Thomas, City Clerk/Interim City Administrator from: BEATRICE CASTORINA subject: Permit 98-295 - Patricia Powell date: February 15, 2000 TNT Construction applied for a permit for Patricia Powell on November 13, 1998. The Permit shows it expireiMay 12, 1999. At this time Mark of TNT did not call for an extension of the permit. Back in June of 99 Mark was in getting some other permits and I asked him at that time when was he going to final out the Powell house. He told me when Patricia Powell wants to. He called in for a final on January 24, 2000. The permit had expired so Tom Bubb, Building Inspector was checking to see what he needed to do to final this out. Tom Bubb said to wait for Ken to come and ask him. Ken Badke, of Independent Inspectors, came Monday Feb. 14, 2000 and he told me that TNT Construction (Mark) would have to go before the council to get an extension for the permit since it has expired. Only the Council can give the extension but they do have the authority. Ken said this is common practice in other areas and this is the way it is handled. The contractor comes before Council with a request to extend the expired permit. Ken also said the building (Duplex) is completed, but he can't inspect it (Final) until after Council approves the request. 135 P82 FEB 39 100 11:28 Construction & Plumbing P. O. Box 2009.Okeechobee, FL 34973 Ucsnsed * RR0045320• 0 RF0052127 February 9, 2000 City of Okeechobee Building Official Okeechobee, Fti 34974 To whom it May Concernr Please let this letter serve as official request for an extension of Permit *98-295 for Patricia Powell. The construction was haulted due to a divorce proceeding and is now ready to be completed. Sii�� .r Mark S. 'Troendle President MST/tit Custom Homes and Remodeling • Complete plumbing Services •CITY OF OKEECHOBEE 55 S.E. 3rd Avenue Okeechobee, Florida 34974 (941) 763-3372 EXPIRES: 5-12-19 PERMIT NO. 91699-R OWNER PATRIMA PnWFI I ADDRESS P- n_ RON 12n9 BUILDING PERMIT FEE: $Rnn nn TYPE Qj IPI FX SQ FT 1152 CITY nKFFC_14nRFF STATE FI ZIP CODE 3d4T3 PROJECT/JOB DESCRIPTION MPORTRI IC:T NFW nIIN FX CONTRACTOR TNT CONRTRIICTION LICENSE NO. RR-nnA.539n PHONE NO. MAJOR-" ADDRESS OF PROJECT A25 NF 3Rn RTRFFT PARCEL NO. 3-1 rl-37_35-nnl n-n1 aan-nnl n SUBDIVISION: 13LK: Ada I nT(S): 3 ANn WFRT 1/9 nF 2 RESTRICTIONS/REMARKS PAYMFNT nF T14F PI1R1 jr. RFRVI[:F FFF IR RF[ Upl=n BEFORE ISSUANCE OF A CERTIFICATE OF OCCUPANCY OWNER AGREES TO THE FOLLOWING: • ISSUANCE OF A PERMIT MAY BE SUBJECT TO OTHER CONDITIONS AND TIME LIMITATIONS • ISSUANCE OF A PERMIT IS NOT AUTHORIZATION TO VIOLATE PUBLIC OR PRIVATE RESTRICTIONS • FAILURE TO COMPLY WITH APPLICABLE REGULATIONS MAY RESULT IN WITHHOLDING FUTURE PERMITS • THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES. THIS PERMIT FEE IS NOT REFUNDABLE AFTER 30 DAYS I CERTIFY THAT I HAVE EXAMINED THIS PERMIT; IT IS CORRECT AND I WILL ABIDE BY ITS REQUIREMENTS SIGNATURE OF OWNER DATE SIGNED CITY OFF CIAL • CITY OF OKEECHOBEE • BUILDING INSPECTION REQUEST AND RESULTS PHONE 941 763-3372 PERMIT NO.. NAME OF OWNER: ADDRESS OF OWNER: PHONE NO. NAME OF CONTRACTOR—L"La� ✓ PHONE NO. ADDRESS OF INSPECTION: INSPECTION REQUESTED: C DATE OF REQUEST: DATE PERFORMED: RESULTS PASS: YES NO CORRECTION REQUIRED: YES NO REINSP REQ'D: YES NO REINSPECTION FEE REQ: YES NO ISSUE CO: YES NO REINSPECTION FEE PAID: $ CORRECTIONS REQUIRED INSPECTOR'S REMARKS Inspector's Signature EXHIBIT 2 - GRANT OF LICENSE 2/ 15 AGENDA STATE OF FLORIDA COUNTY OF OKEECHOBEE THIS INDENTURE, made and entered into this day of , 2000, by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation existing under the laws of the State of Florida; GRANTORS, and The FLORIDA YOUTH CONSERVATION CORPS, a not for profit corporation, by and through its authorized officers; GRANTEES; (� WHEREAS Grantor is possessed of the area of the City known as the old SW section water tower property, further described as lots 6&7, Block 4,0, AO-M CiES9 R, which is located on S.W. 3ra Avenue just South of S.W. 21st Street; and WHEREAS the Grantees have requested permission to use the property for storage of vehicles, supplies and materials typically used by the FYCC in its work with area youth; and the Grantor finds such use serves a valid Municipal purpose; and WHEREAS Grantor has licensed other uses of Public areas of the City for legitimate benevolent, fraternal or charitable organizations, and has the authority to execute such permissions, and the Grantee agrees to act in accordance with this license; and WHEREAS Grantor has agreed in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, the sufficiency of which is herein acknowledged, to grant to Grantee this permission for the purposes and in the manner expressed below; NOW, THIS INDENTURE WITNESSETH: The Grantees are granted a license for full and free right and liberty for them and their members, guests, agents, employees, and area youth in common with all persons having the like right, at all times hereafter, for all purposes connected with the use and enjoyment of the land of the Grantee and those likely situated for whatever purpose the land from time to time lawfully may be used and enjoyed, to store vehicles; equipment, materials supplies and other items on the real property for use by the FYCC in its stated purposes. In addition, grantees may place storage sheds or similar portable buildings on the property, so long as they are temporary and not fixtures; and comply with any applicable building permit or license; further, grantees may run water/electric lines to the storage sheds, with the understanding that any improvement must conform to the building codes, and any improvement that is impractical to remove at the termination of this license shall be considered the property of the City of Okeechobee. TO HAVE AND TO HOLD the license as granted unto Grantee, its successors in interest and those likely situated as described above, for a period in perpetuity, unless earlier terminated as hereinafter set forth. • • EXHIBIT 3 - ORDINANCE NO. 2/ 15 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; TO REGULATE ADULT ENTERTAINMENT ESTABLISHMENTS AND TO CREATE REGULATIONS REGARDING THE LOCATION AND CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF OKEECHOBEE; SETTING FORTH FINDINGS AND DECLARING INTENT; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS; PROVIDING FOR NOTICE; PROVIDING FOR CONSENT TO ENTER PREMISES; PROVIDING FOR THE REQUIENT OF AN ADULT ENTERTAINMENT ESTABLISHMENT PERMIT; PROVIDING FOR CLASSIFICATIONS OF ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING PERMITTING REQUIREMENTS, TERMS, RECORDS, FEES, EFFECT OF CONVICTIONS, CHALLENGES, AND HEARINGS; PROVIDING FOR DISTANCE AND ZONING RESTRICTIONS; PROVIDING FOR LIMITATION ON CONSUMPTION OF ALCOHOL; PROVIDING FOR GENERAL OPERATIONAL RULES; PROVIDING FOR CRIMINAL PROVISIONS; PROVIDING FOR PROHIBITIVE ACTS; PROVIDING FOR HOURS OF OPERATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect and preserve the unique character of the City of Okeechobee as a family oriented attraction for families, tourists and businesses; and WHEREAS, failure of the City to ensure that adult entertainment activities and sexually oriented business are appropriately regulated would adversely impact the City insomuch as the City is a local government jurisdiction that is very family oriented and encourages economic and tourism development; and WHEREAS, the City Council finds and determines that the provisions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which Is or could be adverse to public order, health, safety, morals and welfare within the City of Okeechobee; and WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of the City of Okeechobee; and WHEREAS, it is the intent of the City Council to establish reasonable and uniform regulations that will protect the health, safety, peace, morals, and general welfare of all the people of the City of Okeechobee, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OKEECHOBEE HEREBY ORDAINS: SECTION ONE. The City of Okeechobee Code of Ordinances is hereby amended by adding a chapter to be numbered Chapter , which said chapter shall read as follows: ADULT ENTERTAINMENT ESTABLISHMENTS Article I. In General Page 1 of 38 • U Section 1. Title. This Ordinance shall be known and may be cited as the "Adult Entertainment Code." Section 2. Authority. This Code is enacted under the home rule power of the City of Okeechobee in the interest of the health, safety, peace, and general welfare of the people of the City of Okeechobee and under the authority of the City to regulate the sale and consumption of alcoholic beverages under the Twenty -First Amendment to the Constitution of the United States. Section 3. Purpose. It is the purpose of this chapter to regulate adult entertainment businesses to promote the health, safety, morals, and general welfare of the citizens of the City of Okeechobee, and to establish reasonable and uniform regulations to prevent the deleterious effects of location and concentration of adult entertainment businesses within the City. The provisions of this ordinance have neither the purpose or intent of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, or other aspects of constitutionally protected speech. It is not the intent of the City Council to legislate with respect to matters of obscenity, as those matters are regulated by federal and state law. Similarly, it is not the intent or effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of adult oriented material to their intended market. Neither is it the intent or effect of this ordinance to condone or legitimize the distribution of obscene material. Section 4. Findings of Fact. The County has considered evidence and testimony presented at public hearings before the Okeechobee County Planning Board and the County Commission, and based upon the findings incorporated in studies conducted by other governmental units, including but not limited to, the following studies prepared by other jurisdictions: Statistical synopsis of police calls to adult entertainment businesses (Stuart, Martin County, Florida, 1993); Statistical synopsis of police response calls to adult entertainment businesses in St. Lucie County (1993); Correspondence by Florida State University Professor, Margaret A. Baldwin, Esq., as testimony on scholarly research regarding an adult business, (Tallahassee, Florida, 1993); "Report on Adult Oriented Businesses in Austin," Texas (1985); "Adult Entertainment Businesses in Indianapolis, an Analysis," Indiana (1984); "The Impact of Adult Entertainment Centers on the Community of Tampa, Florida," (1982); "Study of the Effects of the Concentration of Adult Entertainment Establishments in the County of Los Angeles," California (1977); and findings of the Okeechobee County Sheriffs Department and the State Attorney's office detailing the secondary effects of and the potential for criminal activities associated with adult uses. The County further relies upon the findings incorporated in County of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct 925,89 L.Ed. 2d 29 (1986); Young v. American Mini -Theaters, Inc., 427 U.S. 50, 96 S.Ct 2"0, 49 L.Ed. 2d 310 (1976); Bonnell, Inc. v. Board of Adjustments, 791 P.2d 107 (Oki. App. 1989), and has considered such other public input, research, and legal analysis which the City Council relies upon and believes to be relevant to problems associated with adult uses. The City determines that the enactment of a time, place, and manner ordinance regulating and addressing the adverse secondary effects of adult entertainment uses is an appropriate exercise of the City's home rule power in the interest of the health, peace, safety, morals, and general Page 2 of 38 welfare of the people of the City of Okeechobee, Florida. Specifically, the City Council finds and determines, based upon the foregoing, as follows: (A) Sexually oriented activities, including the sale of adult entertainment material and nude, semi-nude or topless dancing gives rise to prostitution, pandering, solicitation for prostitution, lewd behavior, exposing minors to harmful materials, possession, distribution, and transportation of obscene materials, sale or possession of controlled substances and violent crimes against persons or property; (B) When the sexual activities described in Subsection (a) are actively marketed in commercial establishments, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described above, and ultimately force residents and businesses to move to other locations; (C) The activities described in Subsection (a) above often occur in establishments concurrent with the sale or consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely effecting the quality of life, commerce, and community environment; (D) In order to preserve and safeguard the health, safety, property values, and general Welfare of the people, businesses and industries of the City, it is necessary and advisable for the City to regulate the sale or consumption of alcoholic beverages at adult entertainment establishments; (E) In order to preserve and safeguard the health, safety, property values, and general welfare of the people of the City, it is necessary and advisable for the City to regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers, and customers at adult entertainment establishments; (F) The potential dangers to the health, safety, property values, and general welfare of the people of the City posed by allowing adult entertainment establishments to operate without first meeting the requirements for obtaining a permit under this Code are so great as to require the permitting of such establishments prior to their being authorized to operate; (G) Requiring operators of adult entertainment establishments to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects, expediting the investigation of the transmission of Page 3 of 38 certain communicable and social diseases, and by making it difficult for minors to work in such establishments; (H) Prohibiting adult entertainment establishments from operating within certain distances of educational institutions, religious institutions, residences, libraries, areas zoned or designated for residential use, parks, and other protected areas at which minors are customarily found, will serve to protect minors from the adverse effects of the activities that accompany such establishments; (1) Straddle dancing, unregulated private performances, or physical contact or touching within adult entertainment establishments poses a threat to the health of both customers and employees and promotes the spread of communicable and social diseases. Straddle dancing is deemed primarily conduct rather than communication or expression; (J) Adult entertainment establishments involve activities which are pure conduct engaged in for the purpose of making a profit, wherein speech or expressive activity is non-existent or incidental thereto, and are therefore subject to and require increased regulation to protect the health, welfare, and safety of the community; (K) Physical contact or touching within adult entertainment establishments between workers and/or customers, wherein specified anatomical areas are exhibited, poses a threat to the health of both and promotes the spread of communicable and social diseases. Section 5. Definitions. The following words, terms, and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning. (A) Adult Arcade shall mean any place to which the public is permitted or invited wherein coin -operated or slug -operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." (B) Adult Book Store, Adult Novelty Store, or Adult Video Store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any "adult material". (1) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of "adult material" and still be considered as an adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial Page 4 of 38 • establishments from being so categorized as long as one of the principal business purposes remains the offering for sale or rental for consideration the specified materials which consists of "adult material"; (2) The term "principal business purpose" shall include any such commercial establishment which: (a) Derives 26% of its gross revenues from the sale, rental, or distribution of; (b) Has 25% of his stock in trade, as measured by wholesale value, in; or (c) Devotes 25% or more of its interior business area to; the inventory and/or materials described in Section 5(g) herein. (C) Adult Booth shall mean a small enclosed or partitioned area inside an adult entertainment establishment which is: (1) Designed or used for the viewing of adult material or performances, by one (1) or more persons; and (2) Is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom. (D) Adult Cabaret shall mean a night club, bar, or bottle club as defined in Chapter 561, Florida Statutes (Beverage Law), restaurant, or other commercial business or establishment, whether or not alcoholic beverages are served, which regularly features: (1) Persons who appear in a state of nudity or semi -nudity; (2) Live performances, appearances or exhibitions which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" 1014 (3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." (E) Adult Encounter Center shall mean an adult entertainment establishment or similar commercial enterprise that, as one of its primary business purposes, offers for any form of consideration: Page 5 of 38 • • (1) Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex; or (2) Activities between male and female persons and/or persons of the same sex when one or more of the persons are in a state of nudity or semi -nudity. (F) Adult Entertainment Establishment shall mean any business specifically defined herein or any business, operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this Code, whose principal purpose involves "specified sexual activity" and/or "adult material," as defined herein. Specifically exempted from this Code are "legitimate art" theaters, galleries, and museums. (G) Adult Material shall mean any one or more of the following regardless of whether it is new or used, including but not limited to: (1) Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, videotapes, slides, computer digital graphic recordings, visual representations, tape recordings, or other audio or visual matter, which have as their primary or dominate theme, matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or (2) Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona -fide birth control devices. (H) Adult Motel shall mean any motel, hotel, boarding house, rooming house or other place of temporary lodging which: (1) Includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, video tapes, slides, or other photographic reproductions, which have as their primary or dominate theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." The term "adult motel" is included within the definition of "adult theater;" or (2) Offers a sleeping room in exchange for any consideration for a period of time that is less than twelve (12) hours; or (3) Allows a tenant or occupant of a sleeping room to sublet for a period of time that is less than twelve (12) hours. (1) Adult Performance Establishment shall mean an establishment where any worker: Page 6 of 38 • • (1) Engages in a private performance, acts as a private model, or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular demonstrative activity; (2) Displays to a customer any covering, tape, pasty, or other device which simulates or otherwise gives the appearance of the display or exposure of any "specified anatomical areas," regardless of whether the worker actually engages in performing or dancing; (3) Offers, solicits, or contracts to dance or perform for or with a customer and accepts any consideration, tip, or compensation from or on behalf of that customer; or (4) Dances or performs for, within three (3) feet of a customer, and accepts any consideration. tip, or compensation from or on behalf of that customer. (J) Adult Theater shall mean any establishment where adult materials may be viewed or any establishment which has an auditorium, room, or an open air area which features films, motion pictures, video cassettes, slides, or other photograph reproductions which have as their primary or dominant theme matters depicting, illustrating or relating to "specified sexual activities" or "specified anatomical areas." (K) Alcoholic Beverage shall mean any beverage containing more than 1% of alcohol by weight, as determined in accordance with F.S. § 561.01(4)(b). (L) Child Care Center shall mean any establishment that provides, on a regular basis, supervision and care for more than three (3) children unrelated to the operator for a period of less than twenty-four (24) hours a day and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for a profit, except that the following are not included: Public schools and non-public schools which are in compliance with the compulsory school attendance law (Chapter 232, Florida Statutes); summer camps having children in full-time residence; summer day camps; Bible schools normally conducted during vacation periods; and any child care center which is owned and operated by and located on the grounds of, or adjacent to, a religious institution. The term includes kindergartens, nurseries, nursery schools, day care centers and day nurseries. (M) Commercial Physical Contact shall mean: (1) To manipulate, wash, scrub, stroke, or touch for commercial pecuniary gain another person's body tissue directly or indirectly or through a media using any object, instrument, substance or device. Page 7 of 38 • 0 (2) Exception: it is an affirmative defense to an alleged violation of this Code regarding engaging in commercial physical contact or operating a commercial physical contact parlor if the alleged violator, business, or establishment can establish membership in one of the following classes of persons or businesses in the activity alleged to be commercial physical contact as part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this Code: (i) Persons permitted as a massage therapist or apprentice massage therapist pursuant to Florida Statutes, Chapter 480; (ii) Persons permitted under the laws of Florida to practice medicine, surgery, dentistry, podiatry, or persons permitted as a physician's assistant or holding a drugless practitioner's certificate; (III) Registered nurses under the laws of Florida; (iv) Barbers or beauticians permitted under the laws of Florida; (v) Cosmetologists permitted under the laws of Florida; (vi) Tatoo artists permitted under Chapter 877.04, Florida Statutes; (vii) Persons performing services in any hospital, nursing home or sanitarium permitted under the laws of Florida; (viii) Instructors, coaches, or athletic trainers employed by or on behalf of any bona fide professional, Olympic, or sanctioned amateur athletic team, governmental entity or any bona fide state, county, or private educational institution; (ix) Physical therapists permitted under the laws of Florida. (N) Commercial Physical Contact Parlor shall mean a business, establishment or place operated for commercial or pecuniary gain, or where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised or promoted as a place where commercial physical contact occurs such as a "body scrub salon," or "relaxation salon." (0) City means the City of Okeechobee. (P) Department means, the Code Compliance Division of the Department of Planning and Development. Where not capitalized or in quotes, the term may mean as appropriate, City of Okeechobee Building Department, Planning Division, City of Okeechobee Police Department, City Administrator, and City Clerk, including their respective administrators, designee(s), employees, officers, or agents. (Q) Educational Institution shall mean a premises or site upon which there is an institution of learning for minors, whether public or private, which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Page 8 of 38 0 • Commission of Independent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, day care center, kindergarten, elementary school, junior high school, senior high school, or other special institutions of learning. Such special institutions shall include, but are not limited to, art, dance, music, gymnastics, martial arts, theater, or skating. However, the term "educational institution" does not include a premises or site upon which there is a vocational institution of higher education, including a community college, junior college, four year college, or university. (R) Employee or Worker shall mean a person who works, performs, or provides services in and/or for an adult entertainment establishment, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the establishment. A person may be considered an employee or worker under this definition even if the person is an independent contractor, provided that the person has a substantial or consistent relationship with the business of, or entertainment/services provided by, the adult entertainment establishment. (S) Escort shall mean any person who, for commercial or pecuniary gain, compensation or gratuities agrees to, offers to go, or goes to any place, including a business, hotel, motel, residence, or conveyance to do any of the following acts: (1) Act as a companion or date for, or converse with, a customer; (2) Engage in physical contact with another person; (3) Provide private adult entertainment; (4) Engage in private modeling or private lingerie modeling; (5) Display specified anatomical areas; or (6) Engage in any specified sexual activity. (Nothing in this chapter shall be construed to legalize prostitution or other conduct prohibited by this Code or other law.) (T) Escort Business, Service, or Agency shall mean any such person, business establishment, or place operated for commercial or pecuniary gain which does any of the following: (1) Offers or advertises that it can furnish escorts, private dancers, or private models; Page 9 of 38 • • (2) Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer. (3) Exception: It is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches for two (2) persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting. (U) Government Facility shall mean any municipal facility which is frequented, as a matter of regular business, by the public. It shall not include municipal facilities whose function is solely mechanical. (V) Half -Way House means any group home facility, whether public or private, which serves as a temporary residential living accommodation for persons who would otherwise be institutionalized. (W) Inspector shall mean an employee or officer of the City of Okeechobee Building Development - Code Compliance and Planning Divisions, Police Department, Health Department, Financs Department, or Fire Department who inspects premises licensed under this Code and takes or requires the actions authorized by this Code in case of violations being found on permitted premises, and who also inspects premises seeking to be permitted under this Code and takes or requires corrections of unsatisfactory conditions found on the premises. (X) Nudity or State of Nudity shall mean to display or expose at an adult entertainment establishment less than completely and opaquely covered: (1) Human genitals or pubic regions; (2) The cleavage of the human buttocks; or (3) The areola or the nipple of a human female breast. (Y) Operated for Commercial or Pecuniary Gain shall mean any attempt to generate income and shall not depend upon actual profit or loss. An establishment which has a permit issued under this chapter shall be presumed to be "operated for commercial or pecuniary gain." (Z) Operator shall mean any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to the lessee, manager, owner, doorman, bouncer, Page 10 of 38 bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist, or attendant. (AA) Park shall mean a tract of land within the City which is kept for ornament and/or recreation, whether or not maintained. (BB) Partial Nudity shall mean the showing of the human male or female buttocks or any portion thereof with less than a full opaque covering; the showing of the female breasts with less than a full opaque covering of any portion thereof; or the depiction of covered male genitals in a turgid state. (CC) Permittee shall mean any person whose application for an adult entertainment establishment permit under this chapter has been granted and who owns, operates, or controls the establishment. (DD) Permitted Premises shall mean any premises that requires a permit and that is classified as an adult entertainment establishment under this Code. (EE) Person means any individual, proprietorship, partnership, corporation, association, or other legal entity. (FF) Private Model shall mean any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modeling, or display of "specified anatomical areas" to the view of a customer. (GG) Private Performance shall mean modeling, posing, or the display or exposure of any "specified anatomical area" by a worker of an adult entertainment establishment to a customer, while the customer is in an area not accessible during such display to all other persons in the establishment, or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area. (HH) Prohibited Signs shall mean any sign that provides any visual representation or words that has as its primary or dominant theme matter depicting, illustrating, describing, or relating to "specified sexual activities" or "specified anatomical areas," as well as any other signs that are prohibited by Article XI (Sign Code) of City of Okeechobee, Florida. (II) Public Recreation Area shall mean public land which has been designated for recreational activities, including, but not limited to, community centers, nature trails, boating, picnicking, lake shore, Hoover dike area, parks, playgrounds, ball fields, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land. Page 11 of 38 (JJ) Religious Institution shall mean a premises or site, including educational buildings, used primarily or exclusively by a tax-exempt, non-profit, recognized and legally established sect for the purpose of worship and related religious activities. (KK) Specified Anatomical Areas shall mean: (1) Less than completely and opaquely covered: (i) Human genitals or pubic regions; (ii) Any part of the human buttocks; or (ill) That portion of the human female breast encompassed within an area below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other conventional wearing apparel, provided the areola is not so exposed; (2) Human male genitals in an erect or turgid state, even if completely and opaquely covered; (3) Any simulation of the foregoing. (LL) Specified Criminal Act shall mean: (1) A criminal violation of this Code; (2) A felony; (3) An offense under Chapter 794, Florida Statutes (Sexual Battery); (4) An offense under Chapter 796, Florida Statutes (Prostitution); (6) An offense under Chapter 800, Florida Statutes (Lewdness; Indecent Exposure); (6) An offense under Chapter 826, Florida Statutes (Bigamy; Incest); (7) An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); (8) An offense under Chapter 831, Florida Statutes (Forgery; Counterfeiting); Page 12 of 38 U U (9) An offense under Chapter 837, Florida Statutes (Perjury); (10) An offense under Chapter 843, Florida Statutes (Obstructing Justice); (11) An offense under Chapter 849, Florida Statutes (Gambling); (12) An offense under Chapter 893, Florida Statutes (Drug Abuse Prevention and Control); (13) An offense under Chapter 895, Florida Statutes (Racketeering; Illegal Debts); (14) An offense under Chapter 896, Florida Statutes (Offenses Related to Financial Transactions); (15) An offense under Florida Statute Chapters 775.0823 and 784 (Offenses Against Law Enforcement); (16) An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of another county or City. (MM) Specified Sexual Activity shall mean: (1) Human genitals in a state of sexual stimulation, arousal, erection; or (2) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast(s); or (3) Acts, actual or simulated, including but not limited to: Anilingus - Oral stimulation of the anus. Bestiality - Sexual relations between a person and an animal. Buggery - Deviant sexual practice; to sodomize - analloral copulation with same or opposite sex. Coprophilia - Obsessive interest in feces. Cunnilingus - Oral stimulation of female genitals. Fellatio - Oral stimulation of the penis. Flagellation - Erotic stimulation from beating or whipping. Hyphephilia - Sexual gratification by contact with fabric. Masturbation - Manual stimulation of one's or another's genitals for sexual gratification. Masochism - Sexual gratification dependent upon suffering and pain. Necrophelia - Erotic attraction to corpses/death. Page 13 of 38 • Paraphilia - Sexual behavior involving non -human objects, suffering or humiliation of one's self, partner, children, or other non -consenting person (i.e. frotteurism, transvestite fetishism) Pederasty - Sexual relations between two males, especially when one is a minor. Pedophilia - Behavior involving any sexual activity with a prepubescent child or children. Sadism - Sexual gratification by causing pain or degradation. Sexual Intercourse - Penetration of the vagina by the penis. Sadomasochism - Sadism and masochism combined (interaction between). Sodomy - Same as buggery, bestiality. Urolagnia - Sexual excitement associated with urine; or (4) Excretory functions as part of or in connection with any of the activities set forth in Subsections 1 through 3; (NN) Straddle Dance also known as a "Lap Dance," "Face Dance," or "Friction Dance" shall mean either of the following acts at an adult entertainment establishment: (1) The use by a worker of any part of his or her body to touch the genital or pubic area of another person, or the touching of the genital or pubic area of any worker to another person. It shall be a straddle dance regardless of whether the "touch" or "touching" occurs while the worker is displaying or exposing any specified anatomical area. It shall also be a straddle dance regardless of whether the touch or touching is direct or indirect; or (2) The straddling of the legs of any worker over any part of the body of another person at the establishment, regardless of whether there is a touch or touching. (00) Transfer of Ownership or Control of an Adult Entertainment Business means and includes any of the following: (1) The sale, lease, or sublease of a business; (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or (3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Page 14 of 38 L • Section 6. Enforcement. The provisions of this Code may be enforced by: (A) A suit brought by the City in any court of proper jurisdiction to restrain, enjoin, or prevent a violation of this Code; (B) Enforcement proceedings by the City of Okeechobee Code Enforcement Board or City Council; (C) Revocation or suspension of permit; (D) Criminal prosecution as provided by the Florida Statutes; or (E) Any and all other remedies allowed by law. Section 7. Appeals. (A) Authorized. An aggrieved party has the right to immediately appeal denial of a permit application or revocation or suspension of a permit to the Circuit Court in the Nineteenth Judicial Circuit of the State of Florida. An appeal to the Circuit Court must be filed within thirty (30) days of the mailing of the written notice of denial, revocation, or suspension by the City Administrator, or the Administrator's designee. (B) Immunity from prosecution. The City or any department shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon an adult entertainment establishment while acting within the scope of its authority under this Code. Section 8. Notice. Any notice required under this Code shall be accomplished by sending a written notification by certified mail, return receipt requested, to the mailing address set forth on the application for the permit, which shall be considered the correct address for service unless the Department has been otherwise notified in writing, or by personal service or delivery to the applicant or permittee. The permittee shall have the burden of proof of any current address change to the Department. Section 9. Consent To Enter Upon Premises. The owner of any adult entertainment establishment permitted pursuant to this Chapter shall be deemed to have consented to entry onto the premises by any Inspector of the City when such Inspector is acting within the scope of the Inspector's authority. [SECTIONS 10 thru 19 RESERVED] Article II. Issuance of Permit Section 20. Permit Required: Classifications. Page 15 of 38 0 • (A) Requirement. No adult entertainment establishment shall be allowed to operate without having been first granted an Adult Entertainment Permit by the Department under this Chapter. It shall be unlawful and a person commits a misdemeanor if he operates or causes to be operated an adult entertainment establishment without such permit. (B) Classifications. Adult entertainment establishment permits referred to in this Chapter shall be classified as follows: (i) Adult Book Store, Adult Video Store, or Adult Novelty Store; (11) Adult Performance Establishment; (III) Adult Theater; (iv) Escort Business, Escort Service, or Escort Agency; (v) Adult Arcade; (vi) Adult Cabaret; (vii) Adult Motel; (viii) Adult Performance Establishment; (ix) Adult Encounter Center. Section 21. Application for Permit, Application Fee, Consent by Applicant. (A) Required. Any person desiring to operate an adult entertainment establishment shall file with the Department a sworn permit application on standard application forms supplied by the Department. (B) Contents of Application. The completed application shall contain the following information and shall be accompanied by the following documents: (1) If the applicant is: (1) An individual, the individual shall state such individual's legal name and any alias and submit satisfactory proof that such individual is at least eighteen (18) years of age; (ii) A partnership, the partnership shall state its complete name, the names and residential addresses and residential telephone numbers of all partners, whether general or limited, the names and addresses of all individuals under the age of eighteen (18), the residential address of at least one person authorized to accept service of process, and provide a copy of any existing partnership agreement; or (III) A corporation, the corporation shall state its name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacities of all officers, directors, and principal share holders, the name and address of the registered corporate agent for service of process, the name, residential address and residential Page 16 of 38 0 0 telephone number of the person making the application for the corporation, and provide a copy of its articles of incorporation; (2) ALI business names and telephone numbers to be used by the establishment. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under Fla.Stat.§865.09; (3) Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has, within the five (6) year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act, and, if so, the specific crime involved, the date of conviction and the place of conviction; (4) Whether the applicant or any of the other individuals listed pursuant to Subsection (a) has had a previous permit under this Code suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to Subsection (a) has been a partner in a partnership or an officer, director, or principal stockholder of a corporation whose permit under this Code has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation; (5) Whether the applicant or any other individuals listed pursuant to Subsection (a) holds any other permits under this Code, and if so, the names and locations of stech other permitted establishments; (6) The classification(s) of permit for which the applicant is filing; (7) The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the record title owner of the site, and a notarized statement of consent to the specific proposed adult entertainment use of the property from the owner of the property; (8) The applicant's mailing address, business address, residential address, and all business and residential telephone numbers; (9) A site and premises plan drawn to appropriate scale of the proposed establishment, including, but not limited to: (i) All property lines, rights -of -way, and the location of buildings, parking areas and spaces, curb cuts, and driveways; Page 17 of 38 • • (ii) All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar stands; and (III) All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase of floor size; The sketch or diagram need not be professionally prepared but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The sketch or diagram shall designate any portion of the premises In which patrons will not be permitted. (10) A recent photograph of the applicant (if an individual); and 01) The applicant's social security number or employer's tax identification number and either the applicant's driver's license number or the number of a state or federally issued identification card. (C) Application Fee. Each application shall be accompanied by a non-refundable fee of Five Hundred Dollars ($500.00). Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. All application fees shall be subject to modification by resolution of the City Council. (D) False, Incorrect, or Incomplete Application. If the Department determines or learns that the applicant has falsely or incorrectly completed an application or has not properly completed the application for a proposed establishment, the Department shall notify the applicant of such fact and the applicant will be allowed twenty (20) days to correctly complete the application. The revised or corrected application shall then be forwarded to the appropriate departments for further review. (The time period for granting or denying a permit under this Code shall be stayed during the period in which the applicant is allowed the opportunity to properly complete the application.) Upon receipt of a completed application, the time period for granting or denying a permit is extended by the additional time needed by the applicant to submit a revised application, such addition not to exceed twenty (20) days, wherein a complete application, including fees, will be tendered for approval. (E) Consent. By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code and to the exercise of the responsibilities under this chapter by the departments, employees, inspectors, or law enforcement officers of the City. Section 22. Processing of Application; Investigation; Findings. Page 18 of 38 • • (A) Processing. Upon receipt of a complete application properly filed with the Department and upon payment of the non-refundable application fee, the Department shall immediately stamp the application with the date it was received and shall immediately thereafter send photocopies of the application and all attachments to the Fire Department, Police Department, Code Compliance Division, and the Planning Division of the Department of Planning and Development. (B) Investigation. Each department shall promptly conduct an investigation of the applicant, application, and the proposed establishment, within such department's respective area of responsibility, to determine whether sufficient information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or of any building, fire, health, or zoning provision, code, ordinance, regulation, or court order. (C) Findings. After investigation, each department shall prepare a report and forward its findings to the Department and shall state whether the department finds that false, incomplete, or incorrect information was given on the application and whether the proposed establishment will be in violation of any provision of this chapter or any applicable building, fire, health, or zoning provision. Section 23. Grant; Denial; Rejection. (A) Time Period For Granting Or Denying Permit. Except as time may be extended by Section 21(d), the Department shall grant or deny an application for a permit under this Article II within forty-five (45) days from the date of its properly completed filing. Upon the expiration of the designated period and payment of the appropriate annual fees, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless the Department notifies the applicant of a denial of the application and states the reasons for that denial. Granting of a permit under this section shall not substitute for obtaining the appropriate occupational license(s), a certificate of occupancy or completion where otherwise required, nor shall it substitute for any other requirement imposed by any other Code of the City. (B) Granting Of Application For Permit If none of the departments have made a finding that would require that the application be denied, the Department shall grant the application, notify the applicant within seven (7) days of the granting, and issue the permit to the applicant upon payment of the appropriate annual permit fee required in this chapter. (C) Denying Of Application For Permit. (1) The Department shall review the findings reported by the departments and deny the application for any of the following reasons: Page 19 of 38 • • (1) The application contains materially false information or is incomplete or does not comply with Section 21 herein; (ii) The applicant has failed to comply with Florida Statute Chapter 607 regarding corporations, Chapter 620 regarding partnerships, or Chapter 895.09 regarding fictitious names; (III) The granting of the application would violate a statute or ordinance, deed restriction, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment permit; (iv) The applicant or any other individual listed pursuant to Section 21(b)(1) has had a permit under this Chapter suspended or revoked by the Department. (2) If the application is denied, the Department shall, within seven (7) days, notify the applicant of the denial and the reasons for the denial. (D) Rejection of Application. if a person applies for a permit at a particular location within a period of nine (9) months from the date of denial of a previous application for a permit at the location, and there have been no intervening changes in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected. (E) Stay of Rejection. In the event there is a timely appeal of a rejection of the application then the rejection shall be tolled during the pendency of such appeal until such time as the appeal is withdrawn, dismissed, or denied. Section 24. Permits; Terms; Renewals; Expiration; Cancellation; Reports; Consent. (A) Contents. An adult entertainment permit shall state the name of the permittee, the name of the establishment, the street address of the establishment, the classification of the permit, the date of issuance, and the date of expiration. (B) Terms. All permits issued under this chapter shall be annual permits issued for a term of one (1) year from date of issuance. (C) Renewal. Permits shall be renewed annually. A permittee shall be entitled to a renewal of the annual permit by presenting the valid permit for the previous year, updating all information and procedures required under Section 21, except that a site plan pursuant to Section 21(9) need not be included unless alterations or modifications have been made since the last renewal, and by paying the appropriate annual permit fee. Page 20 of 38 (D) Expiration and Cancellation. A permit which is not renewed under this Code by or before its expiration date shall expire automatically and be canceled summarily by the Department. (E) Reports and Records. Each permittee shall keep such records and make such reports as may be required by the Department and other departments, so as to implement this Chapter and to carry out its purpose. Whenever the information required by or provided on the application under Section 21(b) has changed, it shall be the duty of the permittee to promptly report, in writing, to the Department the changed information. (F) Consent. By holding a permit, the permittee shall be deemed to have consented to the provisions herein and to the exercise of responsibilities under this Code by the various City departments. Section 25. Annual Permit Fees. (A) Levy of Permit Fees. There are hereby levied the following annual permit fees under this Code for an adult entertainment classification: (1) An Adult Bookstore only, $750.00. (2) An Adult Novelty Store only, $760.00. (3) An Adult Arcade only, $750.00. (4) An Adult Performance Establishment only, $750.00. (5) An Adult Theater only, $750.00. (6) An Escort Business, Escort Service, or Escort Agency only, $760.00. (7) An Adult Cabaret only, $750.00. (8) An Adult Motel only, $750.00. (9) An Adult Performance Establishment only, $750.00. (10) An Adult Encounter Center only, $750.00. The annual permit fees collected under this Chapter are declared to be regulatory fees which are collected for the purpose of examination, inspection, and the administration of adult entertainment establishments under this Code. These fees Page 21 of 38 • • are in addition to and not in lieu of the occupational license fee which may be imposed by other ordinances. All permit fees herein shall be subject to modification by resolution of the City Council. Section 26. Transfer of Permits. (A) Requirements. An adult entertainment permit is not transferrable to another person or entity by surrendering possession, control, or operation of the permitted establishment. An adult entertainment permit may be transferred to another person or entity only upon satisfaction of the following requirements: (1) A transferred permit is applied for to the Department by filing an application setting forth the information called for under Section 21 of this Chapter, the application is processed, investigated, reviewed by the departments pursuant to Section 22; and (2) Satisfactory proof is provided that control of the establishment has been or will be transferred through a bona fide sale, lease, rental or other transaction; and (3) A transfer fee of Three Hundred Dollars ($300.00) is paid. (B) Effect of Suspension or Revocation Procedures. No permit may be transferred pursuant to Subsection (a) when the Department has notified the permittee of a pending suspension or revocation proceeding against the permit. (C) No Transfer To Different Location. The permittee shall not transfer such permit to another location. (D) Attempted Improper Transfer Void. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void. Section 27. Changing Name of Establishment. No permittee may change the name of an existing adult entertainment establishment except 1) upon thirty (30) days written notice to the Department of the proposed name change, 2) payment of a name change fee of Fifty Dollars ($60.00), and 3) compliance with Florida Statute Section 866.09, as amended. Section 28. Suspension and Revocation of Permits. (A) Suspension For Illegal Transfer. In the event the Department has sufficient cause to know that a permittee has engaged in a permit transfer contrary to Section 26, the Department shall immediately notify the permittee of the violation and suspension Page 22 of 38 of the permit The suspension shall remain in effect until documents which satisfy the requirements of Section 26 are filed with the Department and a transferred permit has been issued. (B) Suspension For Violation of Building, Fire, Health or Zoning Provision, Code, Ordinance, or Regulation. In the event a permittee is found to be in violation of a building, fire, health, zoning provision, code, ordinance, or regulation, whether federal, state or local, and the permittee fails to cure the violation within such time as is specified by the Code Enforcement Board or court, the Department shall promptly notify the permittee that the permit is suspended. Such suspension to remain in effect until the Department determines that the violation has been corrected. (C) Suspension For Illegal Conduct At Establishment (1) Two Convictions. In the event two (2) or more violations of specified criminal acts occur either by a permittee, employee, or customer, at an adult entertainment establishment within a two (2) year period, and convictions result from at least two (2) of the violations, the Department shall, upon receiving evidence of the two (2) convictions, notify the permittee of an immediate suspension of the permit for a period of thirty (30) days. (2) Additional Conviction Following Suspension. In the event one (1) additional violation of any specified criminal act occurs either by a permittee, employee, or customer, at the same adult entertainment establishment within a period of two (2) years from the date of the last violation from which the conviction resulted for which the permit was suspended for thirty (30) days under Subsection (c)(1), but not including any time during which the permit was suspended for thirty (30) days, and a conviction results from the violation, the Department shall, upon receiving evidence of the additional conviction after previous suspension, notify the permittee of immediate suspension of the permit for a period of ninety (90) days. (D) Repeat Convictions Following Two Suspensions. In the event one (1) or more additional violations of any specified criminal act occurs at an adult entertainment establishment which has had a permit suspended for a period of ninety (90) days pursuant to Section 28(c)(2) and the violation occurs within a period of two (2) years from the date of the last violation from which the conviction resulted for which the permit was suspended for ninety (90) days, but not including any time during which the permit was suspended for ninety (90) days, the Department shall, upon receiving evidence of a conviction for the subsequent violation after two (2) suspensions, forthwith notify the permittee of the immediate revocation of the permit. Page 23 of 38 • • (E) Revocation For False Information. In the event the Department receives evidence that a permit was granted, renewed, or transferred based upon false information, misrepresentation of fact, or mistake of fact, the Department shall forthwith notify the permittee of the pending revocation of the permit. (F) Transfer or Renewal. The transfer or renewal of a permit pursuant to this Chapter shall not defeat the terms of Subsection (c),(d), or (e). Section 29. Suspension and Revocation Proceedings. (A) Challenge to Suspension or Revocation. When the Department notifies a permittee of the suspension or revocation of a permit, the suspension or revocation shall become final and effective twenty (20) days after mailing to the permittee's address of record, or fifteen (15) days after personal delivery of the notice to the permittee or his agent, unless prior to the expiration of such period the permittee files with the Department a written response stating the reasons why the suspension or revocation is alleged to be an error or inappropriate and files a written notice of intent to challenge the suspension or revocation with request for a hearing. (B) Hearing on Suspension or Revocation. When a permittee files a written response and notice of intent to challenge a suspension or revocation, then within forty-five (45) days, a public hearing to determine if the suspension or revocation will become final shall be held before the City Council of the City of Okeechobee. The permittee shall be given no less than ten (10) days notice of such hearing. (C) Suspension for Delinquent Payments. A permit shall be automatically suspended during such time as permittee is delinquent for non-payment of any regular City fees, City, or county taxes, or annual adult entertainment permit fees. (D) Effective Date of Suspension or Revocation. The suspension or revocation of a permit shall take off-)ct after the period has elapsed which was available to file a notice of challenge with the Department according to Subsection (a). (E) Effect of Final Revocation. If a permit is revoked, the permittee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment permit for a period of five (5) years, and no adult entertainment permit shall be issued to any other entity for the location upon which the adult entertainment establishment was situated for a period of one (1) year. Article lll. Zoning and Distance Restrictions Section 30. Permitted Locations. Page 24 of 38 (A) Zoning. Notwithstanding any other provision of this Code, adult entertainment establishments subject to this chapter may not be permitted in any area of the City except as permitted within the District and within the provisions and conditions of this Code. (B) Distance Minimums. In addition to the foregoing, an adult establishment shall not be permitted to open, operate, or be enlarged so as to come within the following distances: (1) One Thousand (1,000) feet of a permitted, pre-existing adult entertainment establishment; (2) Two Hundred (200) feet of a pre-existing commercial establishment that in any manner sells or dispenses alcoholic beverages for on -premises or off - premises consumption; (3) One Thousand (1,000) feet of a pre-existing religious institution; (4) One Thousand (1,000) feet of a pre-existing educational institution, or library; (5) Two Hundred Fifty (250) feet of an area zoned for residential uses; (6) Five Hundred (500) feet of a recreation area, whether constructed or not. (7) Two Hundred (200) feet of a pre-existing government facility, and any half -way house. Section 31. (a) Measurement Of Distance. The distance from a proposed or existing adult entertainment establishment to a restricted use defined in Subsection (b) shall be measured by drawing a straight line between the closest property line of the proposed or existing adult entertainment establishment and the properly line of the restricted use. In the case of a multi -use building located upon a single tract of land, the distance shall be measured by drawing a straight line between the outermost exterior wall of the unit within the multi -use building intended for use as an adult entertainment establishment and the outermost wall of the unit of the restricted use. (B) Variance from Distance Requirements. Upon proper petition, variances from the distance requirements of this Code may be granted by the Board of Adjustments and Appeals in accordance with the provisions of the City of Okeechobee Code of Ordinances. Section 32. Non -Conforming Uses. Page 25 of 38 • • (A) An adult entertainment establishment in existence at the time this Chapter became effective and located in violation of this Chapter, may continue to operate for a period of one (1) year from the date this Chapter became effective and shall cease operation immediately upon the expiration of such period, unless it is granted an adult entertainment establishment permit in accordance with the provisions of this Chapter. (B) When a non -conforming use of an adult entertainment establishment has been discontinued for sixty (60) consecutive days or more, the non -conforming use shall be deemed abandoned and the future use of the premises or site shall revert to only those uses permitted on the site prior to its non -conforming use. [SECTIONS 33 thru 39 RESERVED] Article IV. Limitation On Consumption Of Alcohol Section 40. Nudity, Sexual Conduct Prohibited. (A) No person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage, or any portion of the foregoing "specified anatomical areas," or any simulation thereof in any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (B) No person maintaining, owning or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any person to expose to public view the anus, anal cleft or cleavage, or any portion of the foregoing specified anatomical areas, or simulation thereof, within any establishment at which alcoholic beverages, beer or wine are offered for sale or consumption on the premises. (C) No person maintaining, owning, or operating an establishment at which alcoholic beverages, beer or wine are sold or offered for sale for consumption on the premises shall suffer or permit any female person to, nor shall any female person at such establishment, expose to public view any portion of her breasts encompassed within an area which falls below the horizontal line one would have to draw to intersect a point immediately above the top of the areola or any portion of the areola, or any simulation thereof, within such establishment. This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, providing the areola is not so exposed. (D) No person shall engage in and no person maintaining, owning or operating an establishment at which alcoholic beverages, beer, or wine are offered for sale or Page 26 of 38 • • consumption on the premises shall suffer or permit any "specified sexual activity" or the simulation thereof within such establishment. [SECTIONS 41 thru 49 RESERVED] Article V. General Operational Rules Section 60. General Requirements For All Adult Entertainment Establishments. Each adult entertainment establishment is subject to all of the following general requirements and shall: (A) Conform to all applicable building, fire, health, zoning and land use statutes, codes, ordinances, and regulations, whether federal, state or local; (B) On the first Monday of each month provide the Sheriffs department with a report of all persons who are workers, or who were workers at the establishment or for the adult entertainment business during the previous month, which report shall contain the actual legal name, any aliases, the date of birth, residential address, social security number, position and stage name, if any, for each worker or employee; (C) Post the adult entertainment permit in a conspicuous place at or near the entry at the establishment, which will make it available for inspection at all times; (D) Cover opaquely each window or other opening through which a person outside the establishment may otherwise see inside the establishment; (E) Install, construct, keep, maintain, or allow only those signs at the establishment which comply with the City of Okeechobee Land Development Regulations and the provisions of the following: (1) No sign shall contain any flashing lights, photographs, silhouettes, drawings or representations except for the logo of the establishment, provided that the logo does not depict any "specified anatomical areas," or any portion of a male or female form at or below the clavicle; (2) No sign shall contain, in the name or logo of the establishment or otherwise, any words or materials which depict, describe, reference, or infer in any manner, sexual activities, "specified anatomical areas," or the display of "specified anatomical areas." (G) Each entrance and exit shall remain unlocked when any customer is inside. Page 27 of 38 • • Section 51. Adult Theators. In addition to the general requirements for an adult entertainment establishment set forth in Section 50, an adult theater shall comply with each of the following requirements: (A) If an adult theater contains a hall or auditorium, the area shall have: (1) Individual separate seats, not couches, benches or the like, to accommodate the number of persons allowed to occupy the area; (2) A sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; (3) A continuous main aisle along each side of the seating areas in order that each person seated in the areas shall be visible from the aisles at all times; (4) Sufficient illumination so that persons in all areas of the auditorium can be seen. (B) If an adult theater contains adult booths, each adult booth shall have: (1) Individual, separate seats, not couches, benches or the like, which correlate with the maximum number of persons who may occupy the booths; (2) A sign posted in a conspicuous place at or near the entrance which states the maximum number of persons allowed to occupy the booth, which number shall correlate with the number of seats in the booth; (3) A permanently opened entrance not less than four (4) feet wide and not less than six (6) feet high, which entrance shall not have any curtain rods, hinges, rails, or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; (4) A well -illuminated continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; (5) Except for the entrance, walls or partitions shall be of solid construction without any holes or openings in any such wall or partition; and (6) Illumination by a light bulb of no less then twenty-five (26) watts. It shall be the duty of the peimittee or his agents or employees present on the premises to insure that the illumination is maintained at all times when a customer is present. Page 28 of 38 (C) If an adult theater is permitted and is designed to permit outdoor viewing by customers seated in automobiles, shall have a motion picture screen situated, or the perimeter of the establishment fenced, so that the material to be seen by customers may not be seen by other persons from any public right-of-way, residential, or other protected use. Section 52. Adult Performance Establishment In addition to the general requirements for an adult entertainment establishment contained in Section 50, an adult performance establishment shall comply with each of the following special requirements: (A) Have a stage provided for the use by any worker or individual who is displaying or exposing any "specified anatomical area" to a customer, consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an area of at least one hundred (100) square feet; (B) Any area in which a private performance occurs shall: (1) Have a permanently opened entrance not less then six (6) feet wide and not less then six (6) feet high, which entrance shall not have any curtain rods, hinges, rails or the like which would allow the entrance to be closed or partially closed by any curtain, door, or other partition; (2) Have a wall-to-wall, floor -to -ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent and which partition separates the worker or other individual from the customer viewing the private performance. Section 53. Adult Bookstore. In addition to the general requirements for an adult entertainment establishment set forth in section 50, an adult bookstore shall not display merchandise or adult material in a manner which allows such merchandise or adult material to be visible from outside of the structure at the establishment. Section 54. Adult Encounter Center or Escort Establishment. In addition to the general requirements for an adult entertainment establishment contained in section 60, an adult encounter center or escort establishment shall comply with the following special requirements: (A) Post in an open and conspicuous place and file with the Department a list of services offered or provided by the adult entertainment establishment, described in readily understandable language with specifications of the cost of such services. Actual services and prices offered or provided shall be limited to those listed; (B) Provide each customer, in advance, with a separate written customer contract setting forth and specifying services to be rendered, the cost of such services, the Page 29 of 38 actual full legal name of the worker or employee to provide the services, and the name, address, and telephone number of the customer to which the services are rendered. Actual services and prices offered or provided shall be limited to those specified; (C) Maintain a daily register recording all transactions on a form provided by the Department, containing records of all customers with names, addresses, photo identification, time expended, services purchased, mode of payment and the name of all workers or employees who provided services together with a copy of each customer contract; (D) Not increase the incentive or temptation for workers to engage in prostitution or lewdness by allowing any worker or employee of the adult entertainment establishment to accept any tips or gratuities received from a customer, in addition to the service fees amount specified in the customer contract. Section 66. Escort Services. In addition to the general requirements for an adult entertainment establishment contained in Section 50 and the general requirements for an escort service establishment contained in Section 54 above, an escort service shall comply with the following special requirements: (A) If offering or providing escorts within the City, an escort service must notify the Department of an authorized physical commercial location, which may or may not be within the City from where the escort service operates and dispatches escorts; (B) Include in all advertising or promotional literature posted, placed, published, or distributed within the City the number of a valid adult entertainment establishment permit issued by the Department; (C) Insure that every escort or worker of an escort service can produce, upon the request of any law enforcement officer, an adult entertainment permit to engage in the occupation of escort within the City. Exception: an escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the escort service and who is not an independent contractor, may substitute and carry a copy of the adult entertainment escort service permit of the employing escort service. Section 56. Records and Inspection of Records. (A) An adult entertainment establishment shall maintain a worker record for each worker who currently works or performs at the establishment and for each former worker who worked or performed at the establishment during the preceding one (1) year period: Page 30 of 38 • • (1) The worker record shall contain the current or former worker's full legal name, including any alias, date of birth, residential address, residential telephone number, social security number, position, stage name, if applicable, driver's license number or state or federally issued identification card number, and a recent photograph of the worker; (2) The worker record shall also describe the status of each worker, whether each worker is a paid employee for whom income taxes are withheld or is a lessee, sublessee, independent contractor, or subcontractor who is allowed to work or perform at the establishment; (3) The worker record shall also contain a copy of a valid City occupational license for any lessee, sublessee, independent contract, or subcontractor who is not an employee and is allowed to work or perform at the establishment under a valid adult entertainment business permit. (B) The original, or true and exact photocopy of each required worker record, customer contract, and daily registry as required by this chapter shall be kept available for inspection at the establishment at all times. (C) Each operator of the establishment shall be responsible for knowing the location of the original, or true and exact photocopies, of each of the required worker records, customer contracts, and daily registry records. (D) Each operator of the establishment shall, upon the request by a law enforcement officer when the establishment is open for business, immediately make available for inspection the original, or a true and exact photocopies of each of the required worker record, customer contract, and daily registry records. [SECTIONS 67 thru 69 RESERVED] Article Vl. Criminal Provisions. Section 60. Penalty. Whoever violates any section of this Article VI (Criminal Provisions) may be punished as provided in Fla.Stat.§162.21 or Section 1-13 of the Code of Ordinances of the City of Okeechobee, Florida. Section 61. Operation Without Valid Adult Entertainment Permit. It shall be unlawful for any person to be an operator of an adult entertainment establishment when: (A) The establishment does not have a valid adult entertainment permit for each applicable classification; (B) The permit of the establishment is under suspension; Page 31 of 38 • • (C) The permit of the establishment has been revoked or canceled; or (D) The establishment has a permit which has expired. Section 62. Working at Unlicensed Establishment. It shall be unlawful for any person to act as a worker or employee of an adult entertainment establishment that the worker or employee knows or should know, does not have a valid permit under this Code or which has a permit which is suspended, revoked, canceled, expired, or which does not have each applicable adult entertainment permit conspicuously displayed. Section 63. Operation Contrary To Certain Provisions. It shall be unlawful for any person to be an operator of an adult entertainment establishment: (A) Which does not satisfy all of the general requirements set forth in Section 50; (B) Which is an adult theater and does not satisfy all of the special requirements of Section 51; (C) Which is an adult performance establishment and does not satisfy all of the special requirements of Section 52; (D) Which is an adult bookstore and which does not satisfy all of the special requirements of Section 53; (E) Which is an adult encounter center or escort establishment which does not satisfy all of the special requirements of Section 64; (F) Which is an escort service and does not satisfy all of the special requirements of Section 55. Section 64. Prohibited Acts. It shall be unlawful for a worker or employee of an adult entertainment establishment to commit any of the following acts or for an operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer or allow any worker to commit any of the following acts: (A) Offer, contract, or otherwise agree to engage in or engage in a straddle dance with any person at the establishment; (B) Engage in any "specified sexual activity" at the establishment; (C) Engage in nudity as defined in Section 5 of this Code at the establishment; (D) Display or expose at the establishment "specified anatomical areas" while such worker is not continuously positioned at least four (4) feet away from all other Page 32 of 38 persons or while such worker or employee is not in an area described in Section 52(a); (E) Display or expose "specified anatomical areas" at an establishment where alcoholic beverages are sold, offered for sale, or consumed; (F) Display or expose any "specified anatomical areas" while simulating any "specified sexual activity" with any other person at the establishment; (G) Engage in a private performance unless such worker or employee is in an area which complies with the requirements of Section 52(b)(1) and (2); (H) Intentionally touch any person at the adult entertainment establishment, while engaged in the display or exposure of any "specified anatomical area;" or (1) Intentionally touch the clothed or unclothed body of any person at the adult entertainment establishment, at any point below the waist and above the knee of the person, or to intentionally touch the clothed or unclothed breast of any female person. (J) Exception - notwithstanding any provision indicating to the contrary, it shall not be unlawful for any worker, employee, or operator of an adult entertainment establishment to expose any specified anatomical area during the worker's, employee's or operator's bona fide use of a restroom, or bona fide use of a dressing room which is used and occupied only by other workers, employees, or operators. Section 65. Touching of Workers or Employees Prohibited. (A) It shall be unlawful for any person in an adult entertainment establishment to intentionally touch a worker or employee who is displaying or exposing any "specified anatomical area" at the adult entertainment establishment. (B) it shall be unlawful for any person in an adult entertainment establishment to intentionally touch the clothed or unclothed breast of a female worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee. (C) The entertainment establishment shall prominently display a sign for the benefit of patrons notifying them of the prohibitions set forth in Subsections (a) and (b). Section 66. Advertising Prohibited Activity. Page 33 of 38 0 • It shall be unlawful for an operator of an adult entertainment establishment to advertise, encourage, or promote any activity prohibited by this Chapter or any applicable state statute or ordinance. Section 67. Minors Prohib!Wd. It shall be unlawful for a worker, employee, or operator of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, or allow a person under eighteen (18) years of age to: (A) Enter or remain in the establishment; (B) Purchase goods or services at the establishment; or (C) Work or perform at the establishment as a worker or employee. Section 68. Failure to Maintain Required Records and Permits. (A) It shall be unlawful to be an operator of an adult entertainment establishment at which the permit required by Article 11 of this Code and each record required by Article V of this Code, including every worker record, customer contract, and daily registry, have not been compiled, or not maintained, or are not made available for inspection by a law enforcement officer or inspector, upon request, when the establishment is open for business. (B) It shall be unlawful to be a worker or employee of an adult entertainment establishment who fails to obtain, carry, and display upon demand of a law enforcement officer, while working in the adult entertainment occupation, an occupational permit for the adult entertainment occupation in which the worker is engaged. (C) Exception: It is an affirmative defense and Subsection (b) does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the Federal Government by the adult entertainment establishment, and who is not an independent contractor; except such an employee who is an escort working away from the establishment premises shall be required to obtain, carry, and display to law enforcement officers, upon demand, a copy of the adult entertainment permit of the employing escort service. Section 69. Exceeding Occupancy Limit Of Adult Booth. It shall be unlawful for any person to occupy an adult booth in excess of that number specified on the posted sign required by Section 51. Section 70. Hours of Operation. It shall be unlawful between the hours of 2:00 a.m. and 9:00 a.m. of any day for: Page 34 of 38 (A) An operator of an adult entertainment establishment to allow such establishment to remain open for business, or to allow, suffer, or permit any worker or employee to engage in a performance, solicited performance, make a sale, solicit a sale, provide a service, or solicit a service; (B) A worker or employee of an adult entertainment establishment to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service. Section 71. Alteration of Permit. It shall be unlawful for any person, except the Department, to alter or otherwise change the contents or appearance of an adult entertainment establishment permit. Section 72. False or Misleading Statement in Required Documents. (A) It shall be unlawful for any person applying for an adult entertainment establishment permit pursuant to Article 11 to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of the permit on the application required by Section 21. (B) It shall also be unlawful for any person to provide false or misleading information in the monthly reports as required by Section 50 or in the worker record as required in Section 56, or the customer contract and daily registry records required by Section 54. Section 73. Solicitation or Personal Advertising. It shall be unlawful for any employee of an adult entertainment establishment, while situated outside any structure of the adult entertainment establishment or while the employee is visible from any public right-of-way or sidewalk, to display or expose "specified anatomical areas" or to engage in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the employee, any other employee, or the adult entertainment establishment. "Personal Advertising" is defined in this subsection as encouraging or enticing, by whatever direct or indirect means, potential customers beyond the adult entertainment establishment to enter the adult entertainment establishment. Additionally, it shall be unlawful for an operator or any worker or employee to suffer, permit, or allow any door that is visible from a public right-of-way or sidewalk to be opened or to be remained opened except when a person is entering or exiting the establishment. Section 74. Allowing Customers to Engage in Specified Sexual Activity. It shall be unlawful for a worker of an adult entertainment establishment to knowingly or with reason to know, permit, suffer, entice, or allow a customer to engage in any "specified sexual activity," alone or with any other individual, at the establishment and in the presence of the worker or employee. Section 75. Prohibited Acts by Customers at Adult Entertainment Establishment. Page 35 of 38 i i It shall be unlawful for any customer of an adult entertainment establishment to do any of the following acts or for a worker or operator of an adult entertainment establishment to knowingly suffer, permit, aid, assist, or allow a customer to do any of the following acts: (A) Touch, massage, or manipulate directly or indirectly, the body of any worker or employee of the adult entertainment establishment, or other customers; (B) Touch, massage, or manipulate, display or expose any of the customer's own "specified anatomical areas;" or (C) Engage in any "specified sexual activity" while in the presence of a worker or employee of the aduit entertainment establishment. Section 76. Prohibited Acts by Escort Service Workers. It shall be unlawful for a worker of an escort service to commit any of the following acts or for an operator of an escort service to knowingly or with reason to know, permit, suffer, aid, assist, or allow any employee or escort service worker to commit any of the following acts: (A) Enter a hotel, motel, or other transient place of lodging for the purpose of meeting or serving a customer without first meeting with the front desk or reception area personnel and doing each of the following: (1) Provide the time of arrival and the estimated time of departure; (2) Present a copy of the escort services adult entertainment permit and the escort's occupational permit; (3) Identify himself or herself, identify the escort service that sent him or her, state the name of the customer he or she is meeting or serving, and the location of the meeting, including any applicable room number, and notify the front desk or the reception area personnel upon departing the premises; (B) Distribute, place, post, or leave any unsolicited business cards, advertisement, or promotional material on or within the premises of any other business; (C) Begin a meeting or service with a customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day; (D) Begin a meeting or service with a customer without first meeting the customer in a public place before accompanying the customer to any place which is not opened and occupied by the public; (E) Display or expose "specified anatomical areas" to a customer of an escort service; Page 36 of 38 0 • (F) Require, entice, or solicit a customer to remove any item of clothing; (G) Solicit a tip or gratuity from a customer in exchange for a promise or suggestion of any act or enhanced service. Section 77. Construction. This Code shall be liberally construed to accomplish its purpose of permitting, regulating, and dispersing adult entertainment material and/or related activities. Unless otherwise indicated, all provisions of this Code shall apply equally to all persons, regardless of sex. Words used in the singular number shall include the plural number, unless the context suggests otherwise. Masculine pronouns shall be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Section 78. Criminal Penalties and Additional Legal, Equitable, and Injunctive Relief. If any person fails or refuses to obey or comply with or violates any of the provisions of this Code, such person upon conviction of such offense, shall be punished as provided by law. Each violation or non-compliance shall be considered a separate and distinct offense. Nothing herein contained shall prevent or restrict the City from taking such other lawful action in any administrative proceeding or any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but not be limited to, an equitable action for injunctive relief or an action at law for damages. All remedies and penalties provided for in this Section shall be cumulative and independently available to the City and the City shall be authorized to pursue any and all remedies set forth herein to the full extent allowed by law. Section 79. Severability. if any portion of this Code, or any application thereof is declared to be void, unconstitutional, or invalid for any reason, such portion or provision, or the application thereof, shall be severable from this Code. The remaining portions and provisions of this Code, and all applications thereof, shall remain in full force and effect. SECTION TWO. Effective Date. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that office. INTRODUCED AND SET FOR FINAL PUBLIC HEARING this day of 2000. ATTEST: JAMES E. KIRK, MAYOR BONNIE S. THOMAS, CIVIC, CITY CLERK Page 37 of 38 • • PASSED ON SECOND READING this day of , 2000. ATTEST: BONNIE S. THOMAS, CMC, CITY CLERK REVIEWED FOR LEGAL SUFFICIENCY: JOHN R. COOK, CITY ATTORNEY JAMES E. KIRK, MAYOR Page 38 of 38 02/03/2000 10:24 5619247 02 M DALE MILITA EXHIBIT 4 - 2/ 15 AGENDA -cral", A,: -Smith & Assoclates 1000 W. McNab Read, Suite 200 Pompano SeaOh, FL33069 This Aoreemont is by'and betty on tho'City of Okeechobee, Florida, herd#AerIeWl rod to as -the l-CITYvid. the conotilftfirm, '0114A, Smith &Aisadat6s-,.hereWwe1W-M4WW to as; 4CA$p Wlwf"*;the Cl V, ie.,eks,to*nMe the s6ryic4s of an individustdr-firmtoikok wPftwXl aftiftior4ronO WW, io"'etUWslative Appropirlition Funding, Thli s9ftJd4*#t0*M tl6t.ntnts s0*040 fUrtdi4iind/be appropriations relating to the City -of N"hiti- 7-- Flor a. W1w#w^-ft CITY voted in argoftial meeting of the -OkeedvbwOity Corr WA to 06ribld :,. -8, Isom * I th#0iV%4sJqn-mV. !.%Oqpw W.''wiroj A, 'Smith& AssociaUts to seek aOv****. Mop— fundlroj projects rbloitlng,to �Wand Improvements in the City o(0k*9*wb4*-PWW. IMMMS, 'GAS will 0rovj0*'.'.". following services: Research potentibit Oftftj Wrft graftiod 6"%lsW.qrvnti; N04144 ifflorreollon and data to Fedoraly Stmoilw4boolonel *q0MC1q�I 1 P*i%p0Q 4r` 6* i,drftcooperativwagreernents for vvencii* Invv.OW *.n0 17 P .1.6 1 a for rwio0by-the CITY* P00166-OWopritiflon language and, as f�iybape ode0j, w** WM CITE'staff," ' 'A' d Pro-4WOtestimony at approprist e Tidlahosw* Cmedinewww *0106t- 8UP000or", 10"Pitlators arid. appropriate Mpts findingsi.tolhe =Yi M*6 rer ary reports to appropriate Federal.', Stijs iW-PAVWW, sgeochw Adol9lor-the proo*Woroject and prepare and submit clos"t as neces0ory and directed. • OAS shell re�eive ap*n6W':retainer fee of $10'00 0,00.tobe..0a0,-t fbaslor time, -worked. OM ' oth*r pass -through charges r . wo W tho"� d*w.. The' h o"u'rly', rate vAll be $100.00 per h'. r. C* Associalip "reei,'tt* RWIMMdo cost0or -similar and al 01 tfientt'"Mented uift`Siftiilar•and alike" services, forct-karg 11ithis section. The CAS AdftniWooft fee-wol be 4.5% based on the funding.•jmeHolhta and1bf.4". 601ftd, 10,1he CITY. CAS not due, any AdrWRstr**A,F ur'ftia the-:0rVint, 80r0prW*,vr special funding Omod is approved. , 0,y, "" .rftS16sp6dsi fund."OroOd It 9Wqd:j and spriate fund a qWsittoCOW4. an OpOmved and CITY, CAS. may Irrvolce the CITE` -for 0* Mount due, The CITY agrees to-maks in P% t wRh thirty (30) days of CAS invoicft. 02/03/2e00 113:24 561924 162 M DALE MILITA (CAS)0 PAGE 02 CLUAMIJ.. In the Case of .4pecial Grants that the State of Fla6da requires individual ad-vettisare errieft and/or requests for proposals.(i.e. State CDOG where administraticm fees inaiu'dbd in the grorit: pac) The CITY may exclude them ks from this contrw and re p advarti"m"t "pailitely, Thili. -shall not exclude CAS from 00ibility to respond to a a dverWerriente for them types,of,-gronts with the CITY, I;As .cannot Oft, does not make, nor Imply, any, form 'of warranty or guerantess, --r600rding the. Outmim of any grants, leoislatiO., special funding or appropriation 'PAMage. jJMNATjQP_I Termination afthis contract may be made by either. party WO athirty (30) day'%e*n nofte. Tominaticoi- 'notes shall be in -writing thirty (30) days prior to, the date given as, the-terminatio4i dat6.- TAKNnatlon -shall not deprive CAS from k4t Involving and payment, fbrwdtk* altOadycdmohft, or substantially complete, or for fundirq apprgved.or undwway, 6*r shall torminiaticitdoprive the CITY from work productsalre#dy comolete.or substantially cor.hplete. This contftt shall become effective Dated- this day of .. P�m 9M FOR: CITY OF OKELICHOSLOIE FOR: CRAIG A., SMITH & A$SOCtATEB Signature W�nfisd - Nye & TiDe Gene R. Schriner. P.E.. Presidor4 Printed Name & TWO ArMT: City, Work: 4 RESOLUTION NO. 00-01 EXHIBIT 5 - 2 / 15 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, CITY COUNCIL ADOPTING THE LOCAL MITIGATION STRATEGY REPORT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ACCEPTANCE OF THE CONFLICT RESOLUTION PROCEDURE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Department of Community Affairs has provided funding and entered into an agreement with Okeechobee County to develop a county -wide unified Local Mitigation Strategy that will become part of a Statewide Hazard Mitigation Strategy; and WHEREAS, the Local Mitigation Strategy must include a report detailing county -wide hazards and vulnerabilities, define critical facilities and provide specific latitudinal and longitudinal locations of those facilities, provide for a method of conflict resolution between the participants, and pre -identify and prioritize hazard mitigation programs, project and initiatives; and WHEREAS, the development of the county -wide unified Local Mitigation Strategy requires the participation of local municipal governments within Okeechobee County; and WHEREAS, the City of Okeechobee entered into an interlocal agreement with Okeechobee County and the Development of Community Affairs to develop a county -wide unified Local Mitigation Strategy, and assigned a voting representative to the Local Mitigation Strategy Steering Committee (also known as the LMS Workgroup); and WHEREAS, the Local Mitigation Strategy Steering Committee has developed a county -wide Local Mitigation Strategy that includes description of county -wide hazards and vulnerabilities, definition of critical facilities, a database detailing specific latitudinal locations of those facilities, a method for conflict resolution between participants, a list of pre -identified and prioritized mitigation programs, projects and initiatives, and a methodology to revise the prioritized list of mitigation programs, projects and initiatives; and WHEREAS, as required by the State of Florida Department of Community Affairs, the local Mitigation Strategy, including the specifics mentioned above, must be adopted by Okeechobee County and by each participating local municipal government within the County. NOW THEREFORE, BE IT RESOLVED BY THE CITY OF OKEECHOBEE, CITY COUNCIL, FLORIDA; SECTION 1. That the Okeechobee County Local Mitigation Strategy is declared to be a workable program for planning, identifying and implementing hazard mitigation programs, policies and projects. i SECTION 2. That the City will strive to ensure that all future proposed hazard mitigation activities that may be undertaken within areas that are under the jurisdiction of the City will be in conformance with the Local Mitigation Strategy. Page 1 of 2 • • SECTION 3. That in the event that a proposed hazard mitigation activity is not consistent with the Local Mitigation Strategy, appropriate written analysis and justification shall be developed to justify whether the proposed activity should or should not be implemented and that with appropriate justification, non conformance shall not be grounds for the City rejecting a proposed mitigation activity. SECTION 4. Adoption of this resolution by the city demonstrates the City's support of the Local Mitigation Strategy. However, adoption of this resolution shall not mean that the City is obligated to spend local funds for mitigation initiatives. In addition, the City shall not be obligated to apply for future hazard mitigation grant funds if such actions are not in the best interests of the City. SECTION 5. This resolution shall take effect immediately upon its passage. INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida in regular session this 15"' day of February , 2000. ATTEST: Bonnie S. Thomas, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Page 2 of 2 02/04/2000 19:49 561924711 M DALE MILITA (CAS) • - EXHIBIT 6 - CRA O-.-�L SMITH & A$SMIA'TES 2 / 15 AGENDA 1WW.-McNxb Rd. 'Saite 200 Pompano Beach, Fl 33069 Tel: (9U) 792-MZI M"El m 0 TO: Ms: Bounic Thowss.-City Clerk City. of Okoochbbae FROM— M, Daie mi0ts DATE: Februnry.4,2090-'' WBaCT- . F roinpek %vew t U�portr ait ► Per our comversation tni aitctt, (aan enclosing a brief ctescriQtivia vft rusty that I fia Worktag evith•t'or tip pant 3 ftM' lhii kiU# 0 lrueui *-$ $iw for them to. laealo, Pomblyin the City Industrial .Bark. • This new industry will mi&y. 35-S0 FTE's initial and 50-80 at latiW-out. • The ar emp wage is ckpacte d to be $8.$12/hr with a projected bobefits! package of and additiic►n& 28% of wage. • Thsr•initisT hivemmot of 0h6 industry will be a.approxitnately $4,000;000. • "i'bc: ttrnotmit.ofil d t ole$ :isl.initialiy 30 acres. with a build -out to 50 acres. • Zoning mm be inu L*WaL°, - • Site. cost rwst bt aft *bk, If you could age. this item fibt.;the noft City Council Mmtin*, if passible, Eecatn it wjU be necessary for a eotwsu's of the CotiabR..in order to proceed to negotiWon4 wyth emb a fug: Plmw not*,trit if'you aVSirt.my.mC at the Council Meeting, I will.be in TaUwte e. all week of Feb. 7th- I Ith•aritt a tYin all wok Fdb.21.. -?5th 1 can be reached at en tiiue via'afmy voice mail beeper (tall .fret) at 1,-877-475-6094 Thank you. NM FAXi TRAN5MITTAL To: Dale Milita From: Bonnie S. Thomas, City Clerk, 863-763-3372 ext. 215 Fax: 561-924-7702 Pages: 4, including this cover sheet. Date: February 14, 2000 Just a reminder to attend the February 15tt' City Council meeting in Okeechobee at 6:00 p.m. Enclosed with this fax is a copy of the agenda. Please note also that Attorney Cook requested the revised contract go back before the Council for approval. Please call should you have any questions. Thank you! o Sent by=FINANCIAL AFFILIATES 15-Jul-99 13,31 from 4e7 733 1692*9417631696 rage 2 CITY OF OKEECHOBEE 941)763-3372 * Fax 941)763-1686 AGENDA ITEM REQUEST FORM Plea" mail or bring cornp{eted forth to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 NAME: lJ u l�K�Y r� ( l� i r c1✓7 AQDpRESS: ' V� Ahnamo- TELEPHONE: 3?—I • 0-S • 9� 9 O oftmo EXHIBIT 7- 2 / 15 AGENDA Ca QLI-I-A �a . 19 () MEETING: REGULA`�p SPECIAL 0 WORKSHOP ❑ DATE: t S J pO PLEASE ST TE THE ITEM Y U W! TO HAVE PLACED ON THE CITY COUNCIL AoENDA. PLEASE STATE WHAT DEPARTMENTS) YOU HAVE WORKED WITH THUS FAR. PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL. PLEASE SUMMARIZ D PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. Q +6m ('he id i ne-) on -n moos @ f PRESENTATION: TO BE MADE, HOW MUCH TIME WILL BE REQUESTED? t , Cw( pj QSanq SIGNED BY: DATE: C;) • • j. iS ase.1 9891£911*64z68i ££1 184 wojj Z£tS[ 66-t„f-4S 531tlI1Iddtl IdIONUMIAlAq Was Sint by+FINANCIAL AFFILIATES 15-Jul-99 13934 from 407 733 le92*9417631696 rage 4r 7 • • Villages of Okeechobee City gf Okeechobee. Florida Development Description: The development site of Kilagesl of Okeechobee Apartmmrnis, a proposed 50-unit affordable multi -family apartment community is located State Road 441, tract #2 of 5,60 acres +-, Section 21 & 22, Township 37S, Range 35E, City of Okeechobee, Okeechobee County, Florida, Inclusive of this rental community is a 1,000 square foot community center, swimming pool, laundry facilities, parks, and any other recreational areas for the convenience of its residents. The mix of the planned units consists of three bedroom two bathroom units, which mix is consistent with the area market demand. The units will be individually metered for electric service and sub -metered for water and sewer. Cgmmunity Features Gated Conununity Picnic Areas with Barbecue Grills Clubhouse w/ Leasing Office Sparkling Pool Tot Playground Laundry Facilities Health Care: Apartment Features Spacious interiors Cable Television Wall-To-Watl Carpeting Modem GE Appliances Energy Efficient Kitchen Frost -Free Refrigerator Freezer Central Heal A Air Spacious Closets dt Storage Regularly scheduled visits by health care professional such as nurses, doctors, or other licensed care providers. At a minimum, the following services must be provided at no cost to the tenant: health screening, flu shots, vision and hearing tests. Regularly scheduled is defined as not less often than once each quarter. ON -SITE space will be provided through our clubhouse. Financial Counseling: The Owner or its Management Agent at no cost to the resident will provide this service. Financial counseling will be regularly scheduled, not less often than once each quarter; will be free to charge to the residents, will include tax preparation assistance by qualified professionals, educational workshops on such topics as "Learning to Budget", "Handling Personal Finances", and "Comparison Shopping for the Consumer/Residents". Sent b4IFINRNCIRL RFFILIPTES 15-Jul-99 13:35 rnon 4e7 733 1892*9417631686 page 5i 7 • • Computer Lab: The Owner commits to provide a computer in the clubhouse for the resident use along with basic word processing, spreadsheets and assorted educational and entertainment software programs. Case Management/Residential Stabilization Services: This service will be provided by a qualified social worker at no cost to the resident. This program will provide the following services made available on -site no less often than once a week: crisis intervention, individual and family needs assessment, problem solving and planning, appropriate information and referral to community resources and services based on need, monitoring of ongoing ability to retain self-sufficient, and advocacy to assist clients in securing needed resources. Financial Incentive for Assistance with Purchasing a Home: The owner commits to provide a financial incentive for the purchase of a home, which includes the following provisions: t. the financial incentive will be applicable to the home selected by the tenant and may not be restricted to or enhanced by the purchase of homes in which the Owner or other related party has an interest; 2. the financial incentive will be not less than 5% of the rent for the tenant's units during the tenant's entire occupancy (Note: Tenant will NOTI receive the 5°10 rent credit for any month for which the rent is paid late. Tenant will receive the incentive for all months for which the rent is paid on time.); 3. the benefit must be in the form of a gift or grant; may not be a loan of any nature; 4. the benefits of the incentive must accrue from the beginning of occupancy; 5 the vesting period can be no longer than 2 years of continuous residency; and, 6 no fee, deposit or any other such charge can be levied against the tenant as a condition of participation in this program. Welfare to Work or Self -Sufficiency Programs; The owner commits to participate in welfare to work or self-sufficient programs by implementing marketing strategies that actively seek tenants who are participating in or who have successfully completed the training provided by these types of programs. The owner will work directly with the Okeechobee Housing Authority to implement the above programs to the resident. Sent by1F1NANCIAL AFFILIATES 15-Jul-99 13+36 • fron 407 733 1892i94;7631686 I-a9e 6r ; • Market Conclusion: As indicated, the proposed development is well situated and should be very competitive in the market area. Developer: Villages of Okeechobee are comprised of Financial Affiliates II, Inc., which are also the principals. Development Team: The strategic plan developed by Financial Affiliates II, Inc. is to utilize a team of professionals to implement the development and leasing plan, and to insure completion of the development with the highest possible standards in a timely manner. Ownership: The Developer will act As General Fanner in a to be formed limited partnership created for the sole purpose of developing Villages of Okeechobee. Ownership percentages will be negotiated and agreed to prior to the entry of such limited partnership. The limited partnership will purchase the land, which is presently owned by the developer. Financial Projections: The Developer has drafted a Proforma in addition to the Income and Expense Statements. Of course, the Market Feasibility Study and Appraisal will confirm the final determination of the proforma and Income & Expense proceeds. See Attached. Economic Benefit to the City of Okeechobee The new development will create a tax base estimated at $25,000 per year. In addition, the new development will create value to the adjacent properties. The Developer will utilize local contractors and vendors in the area, which will provide additional revenues to the local economy Florida housing Finance Corporation Housing Credit Program: The development will target eligible residents of Okeechoboe that have income levels that do not exceed 45% of the areas median income. The development will be financed by private lending sources and will also utilize housing credits, which will be provided by the Florida Housing Finance Corporation. The housing credit Sent by:FINANCIAL AFFILIATES 15-Jul-99 13:37 • from 487 733 1e9239417631686 7 • program is competative; the housing credits are awarded based upon the highest scores that are achieved on the developer's application. The deadline the application must be submitted is March 8, 2000. One of the most critical elements that separate successful and unsuccessful applications are the developments that receive from the "local governmcnt" an economic benefit i.e. a local contribution. Sent bs'FINANCIAL AFFILIPTES 15-JL41-99 13330 from 407 733 1e92+9417631686 Page Financial Affiliates 11, Inc. 3095 Somb AI ok, Suite A Melbourne Beach, FL 32952 • 321.733.1929 lelephone 321.733 1892 facsimile M; 0 M facsimile tmwiyfiftal To: Lane Gamicitea Fax: 941.7611686 From: Gina CaUgey Date: February 7, 2000 Re: Agenda Item for 2115/00 Paps: CC: 0 um" El For PAMM 0 Pbws Camnwt 0 PWw Noy E3 PWw fteyd 0 0 0 0 0 0 0 0 0 0 I have attached the infbnTwtion you need in order for us to be on the agenda for 2/15/00 meeting Please call me if you need additional information or have any questions. Thw* you, Gins. EXHIBIT 8 - 2000 PUBLIC WORKS DIRECTOR APPLICANTS - SHORT LIST FOR INTERVIEWS Z / 15 AGENDA 2 Carlisle, Paul Edward 17369 40' Run North High School Diploma - Martin County High School N.P.D.E.S. Cert, Community Emergency Managem't Response Team, Grounds Maint swVillage of Wellington: Roads Division Manager awForest Hill Construction: Project Manager and Yes No Village Loxahatchee, Florida 33470 561-798-4379 Cert, Roadside Design, Asphalt Maint, Estimator of Wellington 561-791-4003 x 131 Various Training Courses, Member of Am Public Works Assoc A&SSA awUnderground Industries: Equipment Operator and Foreman 15 days notice * Denis, Ray L. 2227 SW Oak Ridge Road AAS - New York City Community College, City Civil/Structural Engineer ewOkee Co: Plans Examiner No No Palm City, Florida 34990 College of New York, Institute swMathers Eng Corp: Project Engineering/Managem't s'City of Stuart: Engineer Feb Is' 561-286-8847 of Design & Construction, State wrFPL: Field Engineering, Civil/Structural Design Univ of New York swEbasco Services: Project Lead Engineer s'Raymond Intern'I: Senior Designer gwFrederick R Harris: Lead Senior Designer g'JF Cammellerie: Senior Designer wLockwood Greene Engineers: Senior Draftsman, Engineer Intern g'Self Employed 9 Swiech, Paul PO Box 1714 High School Diploma- Land Dev't Manager, Office Manager, wFt Pierce Utility Authority: Engineer Tech No No Palm City, Florida 34991 Parma, Ohio Certificates in Structural Engineering Design of Public & Private Works, Drafting, Dale Carnegie Courses on awCarney-Neuhaus, Inc: Engineering, Surveying, CADD Operator 561-287-0808 Engineer, Design Effective Speaking & Human Relations, gwLawson, Noble & Webb: Engineer II ASAP Speed reading and typing enhancement swPalm Bch Cty Utilities: Roadway Utilities Coordinator, Courses, Expert Level CADD (computer GIS CADD System Specials mapping system), Fire, Safety and Diversity wSailfish Point: Engineering Transition Coordinator Training wCity of Manarac: Chief Engineering Design/Plans Review wArvida Corp: Land Development Manager ,wBiscayne Engineering, inc: Project Manager, Office Manager gwBroome & Farina, Inc: Utilities Engineer — Barlett -Snow: Layout, Design Draftsman 10 Woods, Brad D. 106 Polo Lane BS & AS/Environmental & Biological Science - Univ State Environmental & Biological Science, Civil Engineering, Communications Maint, City swUS Air Force: Bioenvironmental Engineer, Communications Equipment Maintenance �t, VU VP No Sanford, Florida 32771 of NY & Olney Central Road & Grounds, Telephone Installation & ASAP 407-322-0265 Community College USAF Repair, Construction, USAF ',/NIiII OK[[ - olio's '�+of ,�� -• `'"= wF FAX ;u TRANSMITTAL To: Mayor Kirk From: Bonnie S. Thomas, City Clerk, 863-763-3372 ext. 214 Fax: speed dial Pages: 2, including this cover sheet. Date: February 7, 2000 Enclosed with this fax is a copy of the questions that were asked the last time the Council interviewed for a Public Works Director. Would you like to make any changes, and make sure they are in the order you want. I can put them in the form as I did the Administrator's questions if you would like. Thank you! o 0 9 These are the questions that were used the last time the Council interviewed Works Director Applicants. Do you want to make any changes and I can Public format as I did for the Administrator? n put them in the 1 • Please list your tech nica �! onualifrcat�� s for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards? 4• Experience with consultants and state agencies? 5. Your connection with the local community? 6. Would you be willing to relocate to Okeechobee, if you are not living here? already 7• Experience with m anaging employees? d� 8. Do you feel you 44 ake a $ to©C�c `,�"'` �vvu C�Jc�."`Qc� would be? �„ - year plan(�on what the City's �1 t f.�J) w • "�� N `1,t ' L- yvvJ 11.1�C1ICI 11. W.)I-L W� uLao. Lb JDAMa-4, wc .� I ,,Applicatio's n For Employment CWG1 ERK,"S OFFICE "OFOKEECHOSEE 55 S.E. 3rd AVE. OKEECHOBEE, FL 34974-2932 r --r T-p We"' butre eon�` er'4p religion, d 1l laws:: " (PLEASE PRINT) Position(s) Applied For Date of Application How Did You Learn About Us? Advertisement E) Friend El Walk -In El Employment Agency 0 Relative 0 Other Last Name First Name Middle Name Address Number Street City State Zip Code Telephone Number�� Social Security Number L/ S-6 1 1) �'9 If -y3 71 (S-e 21 / -Voos 'rX VS-5-3 If you are under 18 years of age, can you provide required proof of your eligibility to work,) 1:1 Yes El No Have you ever filed an application with us before? F-1 Yes No If Yes, give date Have you ever been employed with us before? El Yes 54- No If Yes, give date Are you currently employed? Yes El No May we contact your present employer? 54 Yes 7 No Are you prevented from lawfully becoming employed in this country ecause of Visa or Immigration Status Proof of citizenship or immigration status will be required upon employment. El Yes No On what date would you be available for work es- VoL Y.S rirvo, 0-i t-t of j-A P94 r R, Are you available to work: 4 Full Time El Part Time El Shift Work El Temporary Are you currently on "lay-off" status and subject to recall? ❑ Yes �& No Can you travel if a job requires it? Yes El No Have you been convicted of a felony within the last 7 years? []Yes No Conviction will not necessarily disqualify an applicant from employment. If Yes, please explain WE ARE AN EQUAL OPPORTUNITY EMPLOYER Education* School Name and Adtim of r3a, I CO. H,b4 x .'Course of Study'' Aev e rxt f Completed can, you, Ilia FLUENT GOOD FAIR READ WRITE Describe any specialized I `apprenticeship, pr!n�c!sh! skills. and extra -curricular activities: , C 04 "!!d.,� Describe any job4elated training received in the United States military.',, Diploma Mignie yes Employment Oxperience Start with your present or last job. Include any job -related military service assignments and volunteer activities. You may exclude organizations which indicate race, color, religion, gender, national origin, disabilities or other protected status. 1. Employe � Address NOOO Telephone Number(s) f,/coo Jo Titl/e Supervisor e N J s Q, V.l o/ ,/ i'VJR 4a t✓ npw.� %rtC. Reason for Leaving 2. 3. 2 Dates Employed From . �To /ably l Prrs-tip Hourly Rate/Salary Starting j -,Final �3 0001 I/G OPo N..} WorkPerformed 0SPcGfS e,- (?.,L/.-C_ I✓7rk Employer / !! ;.vales JGlllplQyea�4 . e �FvN From Tci 3 �_ _ _. �, . ;�...v • „, ". Address ,#a 77z Lr. r-o��c�,V'/r a/`� ,v�//�, /483 /59 r F tees-<«- Tele hone Number(s) Hourly RatOlSalaty, �Sbl) 790 a3oo s4:;ct.'.•��.. Job Title S uP=rv,'sor Supervisor I T,wl ,EclLv o00 ?��oao p�vcjorn► �,..¢ c,,,..r Reason for Leaving $ test rL EmP/oV rri K �fi t BCN,'� `,fS L�v..rS fiYf e, J,.o / Employer // Dates Employed .'�"' f. ;rll�rk'Petfted !il Ord t/ rel� hNdcrs��c t From To - ...., Address >.7ti�9Y3 ors-n-�z ►ice,-.:ws r�Qw;moo,>.,a Telephone Number(s) Hourly Rate/Salary IS(II) 6 RI - / SL L Starting Final fvr r X Job Title Supervisor ©rFtr1'fVV, I �9 �+G ✓u �3jDl)!� r'C �/ virsic Reason for Leaving 63e4-;-,c.i ere&,,S Employer Dates Employed From To WOrk Performed Hourly Rate/Salary Starting I Final Address Telephone Number(s) Job Title Reason for Leaving Supervisor If you need additional space, please continue on a separate sheet of paper. List professional, trade, business or civic activities and offices held. You may exclude membership which would reveal gender, race, religion, national origin, age, ancestry, disability or other protected status: .�_ ub ke_ dark 49Sac. W ggo iT �, •.�Ac...._:'I_:....,..a..._'x'.is?..!�Yir..{_rFi A-tSSR� • Additional Iftormation • Other Qualifications Summarize special job -related skills and qualifications acquired from employment or other experience. fy'v f /' :/s -ADM e e � A I � k. inn/ C �OM� �7Y�4..v� ,Z.r �p O •� I S/L `_y_j_� S ._ /w/�ir.�., �.wr� �/ OY GQw. �2H.fNT i �� D� I! ✓%1 S13 I(I Wtic /ram -%LY Ge r s or. at•`�..J A �`�.i �O AdA t +✓ 1 AIeh S Il.✓� ireC 49,1 Specialized Skills Check Skills/Equipment Operated Production/Mobile _CRT _L�fax Machinery (list) ✓C YLotus 1-2-3 Calculator _PBX System !; �� ✓c,/ Typewriter _WordPerfect _ f3.*4 4 AO � Pk,ftPi� Other (list) Note to Applicants: DO NOT ANSWER THIS QUESTION UNLESS YOU HAVE BEEN INFORMED ABOUT THE REQUIREMENTS OF THE JOB FOR WHICH YOU ARE APPLYING. Are you capable of performing in a reasonable manner, with or without a reasonable accommodation, the activities involved in the job or occupation for which you have applied? A description of the activities involved in such a job or occupation is attached. References 1 J',` rr, ivo A-, (Name) (Address) 2. Toll .� Dt el (Name) (Address) 3. (Name) YES NO (S6 ( ) 24-3 -12 z3 Phone # (fSy) q0t 8107 Phone # Phone # 0 (Address) Applicant's State%ent I certify that answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for employment as may be necessary in arriving at an employment decision. This application for employment shall be considered active for a period of time not to exceed 45 days. Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time. I hereby understand and acknowledge that, unless otherwise defined by applicable law, any employment relationship with this organization is of an "at will" nature, which means that the Employee may resign at any time and the Employer may discharge Employee at any time with or without cause. It is further understood that this `at will' employment relationship may not be changed by any written document or by conduct unless such change is specifically acknowledged in writing by an authorized executive of this organization. In the event of employment, I understand that false or misleading information given in my application or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the employer. 4=ure of Applicant `In /02 00 0 Date .y oR;p.R O .. r: b. a.. s}, n_. ° ARTI4IENT' ;SE�614 . :. ;; .,. w.. x-:,=.v,.,w.,, .,A;. Arrange Interview ❑ Yes ❑ No Remarks INTERVIEWER DATE Employed ❑ Yes ❑ No Date of Employment Hourly Rate/ Job Title Salary Department By NAME AND TITLE DATE NOTES This Application For Employment is sold for general use throughout the State of F1 responsibility for the use of said form or any questions which, when asked by the and/or Federal Law. Paul E. Carlisle 17369 40th Run North Loxahatchee, FL 33470 (561)798-4379 OBJECTIVE It is my desire to bring to the City of Okeechobee the various skills that I have acquired to assist in the future ' development of your City, help it to become a model, one that families would desire to live in. I would like to continue to expand my personnel and professional career and I believe that this opportunity is the next step in achieving that goal. WORK EXPERIENCE 2/93 - Present The Village of Wellington/Acme Improvement District Road Division Manager 14000 Greenbriar Boulevard West Palm Beach, FL 33414 (561)791-4000 Annual Salary $41,000 • Responsible for developing, monitoring and analyzing $4 million annual expense and capital budgets for the Village of Wellington — Road Division • Develop and administer maintenance and improvement schedules for 425 lane miles of paved and unpaved roadways within the Village. This includes a roadway maintenance program, which includes new drainage construction and re -construction of paved and shellrock roadways, and the roadway / pedestrian path evaluation for resurfacing and maintenance. • Manage major road construction projects and review plat and construction plans within the Village boundaries. Working closely with developers, project engineers and Palm Beach County to insure the Village's interests are protected and the integrity of our infrastructure is not compromised. • Monitor the Village of Wellington Solid Waste Collection Contract. • Certified N.P.D.E.S. Inspector. • Meet with contractors and inspect development and road projects within the municipality to insure they meet our construction standards. • Manage 23 employees including hiring, training and development to encourage career advancement. • Serve on the Village of Wellington Emergency Management Team which designs and implements our emergency management plan. • Purchasing responsibilities include, developing bid specifications, Grant acquisition, equipment, tools and supplies, managing multiple contracted services. • Design, construct and maintain over 30 miles of equestrian trails. • Developed and administer the Adopt -A -Street program. Paul E. Carlisle 10/91-1/93 Acme Improvement District/Village of Wellington Public Works & Operations Department 14000 Greenbriar Boulevard West Palm Beach, FL 33414 • Developed and implemented installation procedures for culvert and storm water pipe installations. • Designed and constructed the Village Roller Hockey rinks, that is now the standard design criteria in Palm Beach County. • Project manager for the paving of shellrock roadway projects. • Project manager for canal excavation and re -sloping projects. • Construction of parks within the District. 1983 -10/91 CE Peters Landclearing / Forest Hill Construction Project Manager and Estimator Annual Salary $36,000 • Prepare and submit cost estimates for construction projects from Martin County to South Palm Beach County. • Simultaneously manage multiple projects at various locations throughout Martin and Palm Beach Counties including residential and commercial projects. For example: — Grand Prix Farms : A multi million dollar residential development project that I managed from inception to completion. This included site clearing, installation of sanitary sewers and water mains, lake excavation and road construction. — Palm Beach County School Board - AA Middle School: Managed day-to-day aspects of this project including site clearing, water and sewer installation, paving and grading construction, as well as sportsfields and building pad construction. 1980 -1983 Underground industries Equipment Operator and Foreman Annual Salary $28,000 • Initially, I was an equipment operator. However, I was given the additional responsibilities of foreman. My duties included the installation and set up of all aspects of underground utilities. This included conducting water main pressure tests, lift station installation, plumbing and valve pit construction. Paul E. Carlisle TRAINING & MEMBERSHIPS • Member American Public Works Association • Member Goldcoast Chapter APWA • Member ATSSA and certified as a supervisor for work zone safety • ASSHTO, Roadside Design • University of Wisconsin, Asphalt Maintenance and Repair • University of Florida, Roadway Tree Design and Maintenance • Clemson University, Grounds Maintenance • International Municipal Signal Association, Work Zone Safety • Florida Institute of Government • Boynton Beach Chamber of Commerce, World Class Total Quality Management Accommodations and Letters of Appreciation • Palm Beach County Sheriirs Office - Officer Holly Hamilton: Working with the school crossing guards in regards to making safe routes for the children to cross the roadways. • Wellington Chamber of Commerce. • Colin Baenziger: My work on the Morale Committee in instituting the employee evaluation program. • J. Peter Gebauer, resident, regarding the installation of new drainage. • Jim Hayes, the re -sloping and excavation of the canal in his subdivision. • Vista Video Information System: My assistance in producing a mowing safety video. • Pinewood East Homeowners Assoc.: Funding and design of community beautification project. • More upon request. Professional References • Jim Noth, Crossroads Engineering (561) 753-9723 • Jim Snellgrove Director Palm Beach County Road & Bridge (561) 233-3950 • John Depp Florida Highway Products (954) 714-2800 Applic*Atidi► For Employment ��AYt h=e' p, K:r;t. a.�.?�.:k� '. .p� X •'.T. We consider`applicants'fgr all al origin age; han, pap, marit Florida's Civil Rights Act of Position(s) Applied For 'Da- lu (' QUL<-, How Did You Learn About Us? P"Advertisement ❑ Employment Agency 9 2; ;ot�ier;re CiTf 55 S.E. 3,-d AVE. OKEECHOBEE, FL 34974-2932 (PLEASE PRINT) ❑ Friend ❑ Relative Last Name First Name a. E),J ; 5 tP4 y Address Number Street 2ZZ7 SW04e /6-D6G �cl, Telephone Numbers) � 1941) 286. - 884-7 Date of Application / - /S - zovao ❑ Walk -In ❑ Other Middle Name Z. City State Zip Code ID.4,c1.4 c, Ty. �Z, 34 910 Social Security Number 083 1 3Z 18710 If you are under 18 years of age, can you provide required proof of your eligibility to work? Have you ever filed an application with us before? Have you ever been employed with us before? If Yes, give date If Yes, give date Are you currently employed? May we contact your present employer? Are you prevented from lawfully becoming employed in thi; country because of Visa or Immigration Status Proof of citizenship or immigration status will be required upon employment. On what date would you be available for work Are you available to work: [Full Time ❑ Part Time Are you currently on "lay-off' status and subject to recall? Can you travel if a job requires it? Have you been convicted of a felony within the last 7 years. Conviction will not necessarily disqualify an applicant from employment. If Yes, please explain ❑ Yes ❑l No ❑ Yes [�No ❑ Yes [?`N* o ❑ Yes CRNo ❑ Yes ❑ No ❑ Yes [P"N o Z- /—Z0" ❑ Shift Work ❑ Temporary ❑ Yes 2 No E?Ves ❑ No ❑ Yes &-No WE ARE AN EQUAL OPPORTUNITY EMPLOYER Education 0 0 --. - Ad&vu C,6axes of Study MP Ug Or 0 FLUENT GOOD I FAIR D 'n anv "�,41,1==49�� esc ri 'SID exti-a-� �i-- m e mted' Employment �perience � Start with your present or last job. Include any job -related military service assignments and volunteer activities. You may exclude organizations which indicate race, color, religion, gender, national origin, disabilities or other protected status. 1 I Employer Dates'Em to ed-'�;, �wOr�-` C3ITiled::'s Address I I Telephone Number(s) Hourrly Rate/Salaryr Starting `Final 1 Job Title I Supervisor Reason for Leaving (' 2. , Employer fDate$!EmpO Address Telephone Number(s) IJob Title IReason for Leaving 3. I Employer Address Telephone Number(s) Job Title Reason for Leaving 4. Employer IAddress ITelephone Number(s) Job Title Reason for Leaving ;.Hourly Rate/. Supervisor I I -AVUg Supervisor Dates Employed From ( .To E :; : Orerforined Hourlyy Rate/Salary Sing ' ;Final , Supervisor If you need additional space, please continue on a separate sheet of paper. List professional, trade, business or civic activities and offices held. You may exclude membership which would reveal gender, race, religion, national origin, age, ancestry, disability or other protected status: E. C7,K) 71PV • • EMPLOYMENT HISTORY OKEECHOBEE COUNTY, OKEECHOBEE, FL. * PLANS EXAMINER, PLANNING 6 DEVELOPMENT BATHERS ENGINEERING CORP., STUART, FL. * PROJECT ENGINEERING / MANAGEMENT CITY OF STUART, STUART, FL. * CITY ENGINEER FOR DEVELOPMENT, MANAGEMENT 6 IMPLEMENTATION OF ALL CAPITAL IMPROVEMENT PROJECTS FLORIDA POWER 6 LIGHT CO., JUNO BEACH, FL. * FIELD ENGINEERING * CIVIL / STRUCTURAL DESIGN EBASCO SERVICES INC., STUART, FL. * PROJECT LEAD ENGINEER * ST. LUCIE CIVIL SITE RESIDENT ENGINEER * CIVIL / STRUCTURAL DESIGN EBASCO CONSTRUCTORS INC., NEW YORK, N.Y. * SUPERVISING ENGINEER * RESIDENT ENGINEER * SUPERVISOR/ENGINEER CONSTRUCTION CRAFT EBASCO SERVICES INC., NEW YORK, N.Y. * SENIOR CIVIL DESIGNER * SUPERVISING SR. ASSOCIATE ENGINEER * SUPERVISING ENGINEER/MANAGER RAYMOND INTERNATIONAL INC., NEW YORK, N.Y. * SENIOR DESIGNER * SUPERVISING SENIOR DESIGNER FREDERICK R. HARRIS INC., GREAT NECK, N.Y. * LEAD SENIOR DESIGNER J. F. CAMMLLERIE, P.E. , HUNTINGTON, N.Y. * SENIOR DESIGNER LOCKWOOD GREENE ENGINEERS, NEW YORK, N.Y. * SENIOR DRAFTSMAN * CIVIL ENGINEER INTERN PRIOR TO 1966: SELF EMPLOYED ON CONTRACTUAL BASIS. STRUCTURAL DETAILING SHOPS. EDUCATION NEW YORK CITY C0M4UNITY COLLEGE, AAS - 1961 TO 1964 CITY COLLEGE OF NEW YORK - 1965 TO 1967 INSTITUTE OF DESIGN 6 CONSTRUCTION - 1967 TO 1968 STATE UNIVERSITY OF NEW YORK - 1970 TO 1976 9/96 TO PRESENT 6/95 TO 8/96 6/94 TO 2/95 4/91 TO 4/93 8/88 TO 4/91 1/84 TO 7/88 2/78 TO 1/84 1975 TO 1978 1972 TO 1975 1969 TO 1972 1966 TO 1969 0 Additional InfcAnation • Other Qualifications Summarize special job -related skills and qualifications acquired from employment or other experience. Specialized Skills Check Skills/Equipment Operated Production/Mobile 'CRT ✓Fax Machinery (list) PC `Lotus 1-2-3 Calculator _PBX System Typewriter WordPerfect Other (list) Note to Applicants: DO NOT ANSWER THIS QUESTION UNLESS YOU HAVE BEEN INFORMED ABOUT THE REQUIREMENTS OF THE JOB FOR WHICH YOU ARE APPLYING. Are you capable of performing in a reasonable manner, with or without a reasonable accommodation, the activities involved in the job or occupation for which you have applied? A description of the activities involved in such a job or occupation is attached. YES NO References (Name) (Address) 2. aaL.,-�G (Name) (Address) 3. J . Hk*-Ai (Name) (Address) Fr,4 . /=-Z. (5G1)eZS-7114? Phone # (6Z1 )lol/- Z1I7cF- Phone # (541) Zc?7-724z4. Phone # Applicant's Stat&ent t i s I certify that answers given herein are true and complete to the best of my knowledge I authorize investigation of all statements contained in this application for employment as may be necessary in arriving at an employment decision. This application for employment shall be considered active for a period of time not to exceed 45 days. Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time. I hereby understand and acknowledge that, unless otherwise defined by applicable law, any employment relationship with this organization is of an `at will" nature, which means that the Employee may resign at any time and the Employer may discharge Employee at any time with or without cause. It is further understood that this "at will" employment relationship may not be changed by any written document or by conduct unless such change is specifically acknowledged in writing by an authorized executive of this organization. In the event of employment, I understand that false or misleading information given in my application or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the employer. Signature of Applicant Date . y ��O1t �PERSC} 3EP�lRT11iIENT USE ONLY Arrange Interview ❑ Yes ❑ No Remarks INTERVIEWER DATE Employed ❑ Yes ❑ No Date of Employment Hourly Rate/ Job Title Salary Department By NAME AND TITLE DATE NOTES This Applicition For Employment is sold for ggnecal use_ild(ii4 ►o t the State of Florida'Amstecdaia Priming and I3`tlio�` aus n4 1 resppoonsibility for the use of said form br any questions which, when asked by the employer of the job applicant, tnayviola`te'State. and/or Federal Law +w,'e n ' h s r9i M??wxi'k� �E :l w. r «.< F +": i, �; • AA I MUNI) Ail 99 , I c m1a TITLE: CAPITAL PROTECTS COORDINATOR * PUBLIC WORKS ADMINISTRATOR * Recognition and origination of capital improvement projects. * Administration of the Public Works Department as required reporting to the director. * Management and technical derecdon of multiple City capital improvement and maintenancx projects. * Engineering analysis of plant facility deficiencies and the preparation of an engineering scope of services and man-hour estimate to correct those deficiencies. * Review and analysis of professional engineering issues contained in statements of qualification and technical proposals submitted by consultants competing for professional contracts. * Preparation of contractual agreements for professional services in accordance with Public Works Department policies and procedures. * Project schedule development for planning, environmental, design, and construction engineering inspection activities. * Conducting Scope of Service meetings with professional consultants. * Supervision and management of engineering consultants on individual projects, responding to their technical questions, and reviewing their work in progress and completed work. * Representing the Public Works Department during professional service negchations with consultants, contractors, utilities, and other entities. * Other professional activities associated with the acquisition and management of professional consulting services and construction contractors. * Project impI nentation of reporting progress and performance of capital improvement construction, installation and maintenance of plant equipment and material to the City Commission and City Manager. • * Recommendations to City Commission to reject or award contracts to low bid contractors, vendors, engineers, etc. * Coordination of City staff for the improvements and maintenance of the City water and wastewater plants, distribution and collection system and equipment. * Review and recommendations of engineered projects for correctness and conformity to City standards. * Selection of engineering and construction companies with recommendation to the City Commission. * Selection and purchase of material and equipment for the City * Development and management of a tracking, expediting, progress monitoring and reporting system to the City Commission and City Manager. * Interface with the City Finance Department and Purchasing Agent to maintain projects are kept within budget. * Projects interface with other municipalities, agencies and utilities such as FDUT, Martin County, Southern Bell, Florida Power & Light, etc. * Coordination of projects with the Parks and Recreation departments. * Administration of Public Works Department for the maintenance and improvements to the water, wastewater plants and distribution and collection system. * Engineering and construction management of City projects from origination to completion. * Member of the City Development Review Committee for new projects within the City limits, reporting to the Assistant City Manager. * Coordination with water, wastewater, distribution and collection, sanitation and street departments for all City capital improvement projects. * Coordination of community meetings with local residents for the awareness and impact of new projects within the City. * Structural evaluations of buildings and ensuring all projects have the required permitting. * Structural design of utility buildings at the City water plant. * Environmental evaluations for the removal of hazardous waste within the City. Application For Employment We consider applicants for all positions without regard to race, color, religion, sex, nation- al origin, age, handicap, marital status, or any other legally protected status pursuant to Florida's Civil Rights Act of 1992, and other relevant federal, state and local laws. f YositioApplied For }low Did Yon Learn About Us? Advertisement f_l Employment Agency Last Name (PLEASE PRINT) Cl Friend Cl Relative First Name 5w IEc`H Pia0L, .Address Number Street Cl Walk -In D Other City Date of Application ///4/L0 Middle Name Stare Zip Code P.V,. f3o( 1719- CALts"( CITY FL . 3 +-f `r i 1t•leplione Numbers) Social Security Number C`_�4 i) 2- i; 7 l)f-,'<'iC% .2el? I 44 I`J7Zu If you are under 18 years of age, can you provide required Proof of your eligibility to N.vork? Have you ever filed an application with us before? 1 ► EistltEw'�Zi7 FOR, 5AtAC titi5+� 1car.: If Yes, give date Have you ever been employed with us before? If Yes, give date Are you currently employed? May ive contact your present employer? Are you prevented from lawfully becoming employed in this country because of Visa or Immigration Status Wool of eitizeuship (it intmf wotiou .,uatus will be required upon emplowueut. On what date would you be available for work Are you available to work: I7Full Time L=-I Part Time I I Shift Work Are you currently on "lay-off" status and subject to recall? Can you travel if a job requires it? Have you been convicted of a felony within the last 7 years? C(lill'ittIO)l ail1 trot uere„urily an applicant liout einplovutew. If Yes, please explain I�/ /Yes 1 _l No Pv Yes I 1 No 3/mot' ' ? I-1 Yes IV<No (I Yes [V� No I .1 Yes I I No I Yes No A .`� A-P- LI Temporary I ] Yes M"'No I'V�Yes [-I No I'] Yes IVI'No WE ARE AN EQUAL OPPORTUNITY EMPLOYER Education s Name and Address Years Diploma of School Course of Study Completed Degree Elementary School High ?A(Z h A 51t-:% CK A C UA rti j 0 f ALL D I P[.i.! 14 School IAA 12H/! ; U 1(1 U vrci It Rs QZAf-rralc. Undergraduate College C l EUli L A LhiZ-- Gh+t.1►: tit` r �% SIG: ALL cf-v-r Graduate Professional Other 0/�L Iz CRQ Oc- QE' 4: Ft= C cTt V� ��cet (Specify) `L�_..._ E7f)Ln &rtc:N c�i.JiZ'I Indicate any foreign languages you can speak, read and / or write j FLUENT GOOD I I I � FAIR SPEAK I I I I READ I / WRITE I I Describe any specialized training, apprenticeship, skills and eXtra-curricular activities. & A Ti iJ Kti 4 IZtc SD V119 r��LVi �� '> rl►�►ui� 4tr�Z :.i- U�� p �uti� r'rc�:� i f Vie: J`k�,j � Ir1i�f��G�K, ert�tc't r _. i7i�u�aG:.L;� ��4,IAJri-rui1N(•• R%r-St�,v tvr i'c�3c.t�. �4 f'wtu,ai� ��tZtL>,u�,'�.' ic: fi •Y�;rikj t..�. T"H �:��.r�tZt�M�iJiAL A��vc.l �`� Describe any job -related training received in the United States military. n ` • Employment Experience Start with your present or last job. Include any job -related military service assignments and volunteer activities. You may exclude organizations which indicate race, color, religion, gender, national origin, disabilities or other protected status. l , I Employer �:TILtTIV, ADWG�-ITY Address !�jCO AOL , FT.1?t0kc.E. FL, TelephonK un►ber(s) (! [. t / 4(1C t�c:i� Job Title I Supervis et 1 ►► 'C_ C. t kc H II Reason for Leax ing WILL. 05C655 It" INT 2 Employer C_A 1` lu Q-Y - IJ c' K A u 5 t Ad,h ess t 1`"ft l t;, 5. 1`tWY L�=i_ 3. 4. Telepho e Number(s) (5(•,) 4-,ZL-t3��c� Job Title" +Supervi c /ADD c r' RA i c 101LL Reason for Leaving 3 49i 119 Dates Employed From To Hourly Rate/Salary �r Starting Final IDates Employed From To C 9CA1 c;weo t%t 3 ��t 're Hourly Rate/Salary Starting Final ccrlP,��Y Lr-,St Employer Dates Employed Lp►u;'.*>Llt--), tl44 t3LIz. ,�6-1i—gt3 From To Address le-t �'�► �'`t� Telephone Number(s) Hourly Rate/Salary V, 7 17 Lt) Starting Final Juh'I'itl�*� t(C-i'; pervisor (, ►1J4,� l'�' (c'- 0e-* (::-V— Kf-1 FOZ Reason for Leavine Emplowi Dates Employed VALrl 3EAC(A Ci l,,I T ( - U-ilLI l itt J From To Address C?G 1i . JAIL; YAV-'i TCL W. (IOLM P&t7_W 1 ZI`t7 7 Telephone Number(s) Hourly Rate/Salary ( t/, 1) 2 -3/, _ Li' Starting Final JohT'itlert:GrlOt ir�7 ISuprnisor i4,f ;C. i ( ✓t U T ILIIA C S C:it1�IJ iu(1 ,:i1tlti 1=Wiii o4T5 Reason for Leaving 21V 51 Work Performed ; 1 T-E PLAd) 4 T VGt{O%CAL t2 t.0104) t, F h+Q-4: ?lz c J-P.c: a 1u s�'�icL Rr/cx: , w041C Work Performed �A+�D I��c•._1��1"'lt C_c1li7L1 AO0 5IEIZJtt4 FiL9 r1iiii.44U i'11Ek1 v Work Performed PIZ&TCC_rHAIJ4l1krlgA,•2 �2.oA05 1 p �.� tGIJ LPti�'rt IiT(U� A 09 A (ALO-C CS Work Performed c;L,crZ-U 1 #ATE ALL ('A & 3-(c.T-5 t.., t T H I A-% t44 . t'1 l Lrt AA -&A L t A 1 510 J u�Tv&` PAY If you need additional space, please continue on a separate sheet of paper. List professional, trade, business or civic activities and offices held. Kai may exclude membership which ►voidd reveal gender, race, religion, national origin, age, ancestry, disability or other protected status: 0 Additional Information Other Qualifications i lL i{-rT /4 c: Kr.p p-f 5 6 .- !� I Summarize special job -related skills and qualifications acquired from employment or other experience. ..' 2 7 'XIZ S CWT `' i= TA,"+NXt4C;H IMF izc=4� l�- Lt�/L �fzs l ��J�t't. �✓� (L�vi l�t:J r ('�U E�f p'1�3ditiGtt�C, oFFlCk ivivAi LiZ ; IVC 1U+��t2 f C-GAck, q-( U I IL( i1tz S c,.4,(AZ-0 WA-rc< t-WNIAC. 2- of�- LAO a(r- 4 o ,^1 5cio —, Ff (-t.,c_At0,4 ALrgcS7 2 YEA9S AL!;D wctzkl 1LA- twJrK LCJJ50 TPt07_-j/5 kj Q UEYO45 Specialized Skills Check Skills/Equipment Operated Production/Mobile �FaX _ CRT Machinery (list) Other (list) 6/'PC ✓Lotus 1-2-3 " Calculator _PBX System Typewriter WordPerfect State any additional information you your application. ?r2 F_Utcu?; At'PL_( 40 FL4 I -) `7+ AND Note to Applicants: DO NOT ANSWER THIS QUESTION UNLESS YOU HAVE BEEN INFORMED ABOUT THE REQUIREMENTS OF THE JOB FOR WHICH YOU ARE APPLYING Are you capable of performing in a reasonable manner, with or without a reasonable accommodation, the activities involved in the job or occupation for which you have applied? A description of the activities involved in such a job or occupation is attached.'' YES NO References I. cp,ZL- Hu$5EY�, ( ame) t (mob AJSiQAtL1t� JA%*_ 1�/, PALt1 SEA" (Address) 2. GE_ca(,e (Name) Phone # 7 3o7 13-W. R Tt� 5TsucT- eLA#Jnkrio,J FLy� (Address) a R } NEW (Name) ", t Phone li ( dress a �•. >�., R. Applicant's Sta I certify that answers given I authorize investigation of may be necessary in arrivin This application for employ 45 days. Any applicant wis should inquire as to whethe I hereby understand and ac employment relationship x� the Employee may resign at with or without cause. It is may not be changed by any acknowledged in writing by In the event of employmen application or interview(s) abide by all rules and regul Signature FOR Arrange Interview ❑ Yes ❑ No Remarks I DA1't Employed ❑ Yes ❑ No Date of'Employment • Hourly Rate/ -- �i yDepartment Job Title Salary - y NAME AND TITLE DATH NOTES 1'MSTt#Rsk'�ii9'v.. This Application For Employment is sold for responsibility for the use of said foitn or an, and/or Federal Law: g..;;, position available-.iiolT�K PAUL S MECH P. O. BOX 1714 PALM CITY, FL 34991 Home Phone (681) 287-08M O B J E C T I V I- A permanent position in the field of civil, structural, mechanical, engineering, utilities, surveying, inspections, permitting, plans review, or project management. Q U A-[ I F I C A T 1 O N S Having considerable experience in the above fields, 15 years with Consultants, and 11 years with governmental agencies, would be a great asset to your organization. Since 1987 extensive computer hardware and software user of various types, including but not limited to server installations, backup and maintenance. Design, inspection, permitting processes, and knowledgeable in F.D.O.TZ various state, county, and local codes, for utilities, capital improvements, public works projects, and construction trades. Comparable amount of training, knowledge, skills, and abilities, with previous experience In roadway projects plan review and coordination. Previous govemmental site plan review experience. WORK H ISTO R Y Engineering A Fort Plance UtFIXes Authority, FL Pierce, Fl. 4199 to 6199. Site plan review, design line extensions, permitting, office and field worm assisting engineers and customers for new services, with computer mapping of water, sewer, and gas mains. Engineering, Surveying CADD Operator, Carney -Neuhaus Inc. W. Palm Beach, Fl. 11A09 to "9 Engineering and surveying various project sites, computer and server file management. Engineer U, Lawson Noble, d Webb, Port St. Lucie, Ff. 7198 to "8 Project management of land developments, roads, permitting, liaison with developers and agencies. Roadway Utilities Coordinator, Palm Beech County Water Utilltlos Dept., W. Palm Beach, Fl. 12/97 to 7198 Coordinate existing and proposed facilities within 77 mile area for road widening projects. attend meetings and liaison between departments, F.D.O.T., agencies, and or consultants. GIS✓ CADD System Speclall34 Palm Beach County Water Utilities DVt., W. P*kn Beach, FL 6195 to 12/97 CADD mapping of existing facilities within 77 mile area with hardcoples made Into atlases. Originally responsible for server and file maintenance and six stations. Engineering Transition Coordinator, SelHlsh Point, Stuart Ft. 1195 to 4195 Liaison for ocean front community representing 10 homeowner committees on various anernitles and Infrastructures. Chlef Engineering Design / Plans Review, Clay of Tamarac, Tamarac, FL 8185 to 3/93 Originally responsible for utilities engineering and starting computer drafting department. Design, permit, capital improvement projects, cost estimates, and plan review developers projects. Manager of Land Development, Arvioia Corp., Miami Ff. 12184 to 7185 Manage and direct six site superintendents on six communities from Miami to Orlando. Liaison with consultants and agencies, process pay estimates. ..__ ,... I-- no .4nnn r 1; ' • position available - 0 MY to 11184 Design, permitting land development projects, coordinate survey projects. DAfee Aliur W, INUMM EnSlhewft pie., LaN Worth, FL 1"I to "I In charge of engineering, surveying oAtce. PM1WW Aftna8e+'. Bhmmyne EnptneerWO hm Smd^ FL 11/79 to 1?/81 Site Inspector for Welleby backbone facilities for one year. Mad eft "af eprylc�es to governmental agencies. Manage survey work for Seminole Tribe of Florida on three reservations. IJtl Ww Engineer, Broorno and Farina, Me., Daafa; FL 3l72 to 1t1/79 Water, Wastewater treatment Plante, doe%*, permitting. construction Mkpecu". .. LeyoW / Dadgn Dralbnran, Bwft m w, ChvefanaR OH. 7/86 to 12/71 Design drafting of heavy mechanical equipment for foundries and asiembly plants. EDUCATION/TRAININ_. Cleveland Engineering, Structural design, Cleveland Ohio, INN gradate - Parma Senior Nigh, Algebra, Geometry, 2,000 hr.. DrafNrg, Parma. Of. graduate Dale Cameos Courses, Effective speaidig - human relations, Ft. WIuderdale. FI.,1973 completed Speed reading, Typing, enhancement courses. Ft. Lauderdale, FI., I WO completed CADD Centers, Autocad 2.18 to r14, Pompano Fi., on going since 1987 - expert level CADD 13814 Palm Beach County, Safety, Fire, Diversity training - 1997 completed REFER NCEB/COUNENDATIONS/SALARIES Available upon interview COMPUTER SKILLIJ • Since 87 installed and used various software versions of 008 2,3,5,8; Obese 1,2,3; Symphony 1,2,3;, Wordperfect 5,5.1; Harvard Graphics, Windows 3,3.1, W1nW, Wad 1-4, Excel, Aaoess. Paintshop, Power point, WInNT, WIr198, Softdesk 7.8; Autoced 2.18,15,212,9,0,11,12,13,14, (expert level 13 614); Au tomsp 2,3 • Since 87 installed and used various hardware such as: IBM, Compaq, Hewlett Padcard, Dell, Calcomp and Summagraphics digs Wng tablets, scanners, plotters, Ir"d and Lesmist printers • Since 87 Good programming capabilities, server and file backup; maintenance; developer of scripts; lisp routines; macros; and menus. Unnei.w .lion^ VA loft ' Applicatio% CITYR��'S OFFICECITY U KEECHOBEE 55 S.E. 3rd AVr-. For Employment OKECHOBEE, EL 34974-2 32 (PLEASE PRINT) Position(s) Applied For Date of Appl7en Oct 63 1( N-0 10�- How Did You Leary About Us? / X Advertisement ❑ Friend ❑ Walk -In ❑ Employment Agency ❑ Relative ❑ Other Last Name First Name Middle Name ��044 ��-� 0/ b. �r Address Number Street City State Zip Code �0.0 le.'� 44w,-� Telephone Number(s) Social Security Number If you are under 18 years of age, can you provide required proof of your eligibility to work? Jd Yes ❑ No Have you ever filed an application with us before? ❑ Yes R No If Yes, give date Have you ever been employed with us before? ❑ Yes (2 No If Yes, give date Are you currently employed? LN Yes ❑ No May we contact your present employer? 0 Yes ❑ No Are you prevented from lawfully becoming employed in this country because of Visa or Immigration Status Proof of citizenship or immigration status will be required upon employment. ❑ Yes No On what date would you be available for work Ile) W Are you available to work: X Full -Time ❑ Part Tune ❑ Shift Work ❑ Temporary Are you currently on 'lay-off" status and subject to recall? ❑ Yes OR No Can you travel if a job requires it? Yes. No Have you been convicted of a felony within the last 7 years? ❑ Yes d No Conviction will not necessarily disqualify an applicant from employment. If Yes, please explain WE ARE AN EQUAL OPPORTUNITY EMPLOYER Education 6r,Je FLUENT GOOD FAIR )D N EmploymentExpexience Start with your present or last job. Include any job -related military service assignments and volunteer activities. You may exclude organizations which indicate race, color, religion, gender, national origin, disabilities or other protected status. Employer Address Telephone Numberfs) Job Title Supervisor 64. 1 Reason for Leaving &' 2.1 mployer Address Telephone Numberb� Job Title Reason for Leaving Employer Address Telephone Nmber(s) AW A�010 zlfhe'l �' ..:- -- r Job Title I Supervisor Reason for Leaving 4 Employer . Dates Employed d rl( e orTne From Address Telephone Number(s) Hourly Rate/Salary \ Starting Job Title Supervisor Reason for Leaving If you need additional space, please continue on a separate sheet of paper. List professional, trade, business or civic activities and offices held. You may exclude membership which would reveal gender, race, religion, national origin, age, ancestry, disability or other protected status: e Additional Information Other Qualifications Summarize special job -related skills and qualifications acquired from employment or other experience. �LLr- /� � �4r< e T /11 inrs�,7� r .S� Sri.'✓ar-u G�eP.,.�I�rr cG, � �� L [ f A-4 IF An-" 1 p, n / .isGh fM Specialized Skills Check Skills/Equipment Operated Production/Mobile Z-651T Fax Machinery (list) Other (list) Tao A 6-�-- ZPC _Lotus 1-2-3 A// � IX/�t ZCalculator _PBX System Typewriter ✓ WordPerfect Note to Applicants: DO NOT ANSWER THIS QUESTION UNLESS YOU HAVE BEEN INFORMED ABOUT THE REQUIREMENTS OF THE JOB FOR WHICH YOU ARE APPLYING. Are you capable of performing in a reasonable manner, with or without a reasonable accommodation, the activities involved in the job or occupation for which you have applied? A description of the activities involved in such a job or occupation is attached. ✓YES NO References (Name) Phone # alh J I o yr 2 (D ' . Pe-S , raw► (Address) 2. M# ' A �.P. l /l�.e%rT ( 4 , 3 7) .?S,T�1'/.r (Name) Phone # %i1� 1�e•�l , Nur�//e'ro? w (Address) 3. jQon Lt s ler ( 93 7) 2s—;2 7 (Name) Phone # f ron, lef ,orN. &00441 Qt, m,/ 3 Applicant's p Statemen t I certify that answers given herein are true and complete to the best of my knowledge I authorize investigation of all statements contained in this application for employment as may be necessary in arriving at an employment decision. This application for employment shall be considered active for a period of time not to exceed 45 days. Any applicant wishing to be considered for employment beyond this time period should inquire as to whether or not applications are being accepted at that time. I hereby understand and acknowledge that, unless otherwise defined by applicable law, any employment relationship with this organization is of an `at will' nature, which means that the Employee may resign at any time and the Employer may discharge Employee at any time with or without cause. It is further understood that this `at will' employment relationship may not be changed by any written document or by conduct unless such change is specifically acknowledged in writing by an authorized executive of this organization. In the event of employment, I understand that false or misleading information given in my application or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the employer. Signature of Applicant TJate q/ Arrange Interview ❑ Yes ❑ No Remarks INTERVIEWER DATE Employed ❑ Yes ❑ No Date of Employment Hourly Rate/ Job Title Salary Department By NAME AND TITLE DATE NOTES \�~+ L L%\ Off^ ; \ /r/fin 2��y yam; i Li mot.. \\ -'.2311''�� MEMORANDUM To: Mayor and Council From: Bonnie Thomas, Interim City Administrator /01 Subject: Public Works Director Interviews - Applicant No. 4 Date: February 15, 2000 Applicant No. 4, Ray Denis cannot attend meeting tonight due to a disability. He said he could not leave his house tonight. He did not reveal to me what the disability was. He wants to be considered for the Director of Public Works job, however, I asked him if the disability problem would interfere with his duties as a Director of Public Works. He said no, and does not want to be disqualified just because he could not attend tonight's interview and asked me to please relay this to the Council. He said he could meet with Council at a later date. Thank You! Name of Applicant: Paul Edward Carlisle APPLICANT APPRAISAL FORM Position: Public Works Director SMON L Consider the overview of the candidate in all categories below and comment on each rating in Section 11. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. 7. Would you be willing to relocate to Okeechobee, if you are not already living here? 8. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. IEONN. Other Factors and Comments: For Additional Comments Use Back V1 Date: 02/15/00 INMN )rerall Appraisal: OUTSTANDIMO ABOVE AVERAGE AVERAGE---[— BELow AVERAGE INADEQUATE tecommend employment for current position opening: Yes V No Interviewers Initial'slor Name of Applicant: Paul Edward Carlisle APPLICANT APPRAISAL FORM Position: Public Works Director Date: 02/15/00 SW77M L consider the overview of the candidate in all categories below and comment on each rating In Section II. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community.�L�`�l 7. Would you be willing to relocate to Okeechobee, if you al not already living here? 8. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. SIMMM/L Other Factors and Comments: (/) /10'.0 xv �- t4-t ef / oft C.00; ' For Additional Comments Use Back SEMON 111. Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE rn tM tM c m � � v a� to 0 O Q m BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's Name of Applicant: Paul Swlech APPLICANT APPRAISAL FORM Position: Public Works Director SEMIM L Consider the overview of the candidate in all categories below and comment on each rating in Section If. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. 7. Would you be willing to relocate to Okeechobee, if you are not already living here? S. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. SiECfliDM/L Other Factors and Comments: rz ,D &Mf For Additional Comments Use Back 3ECMM M. ,e, 2 Date: 02/15/00 /I Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE SO BELOW AVERAGE - INADEQUATE Recommend employment for current position opening: Yes No 1z Interviewers Initial's Name of Applicant: Paul Swlech AAAL/CAHT A"RAI/ISAL FORM Position: Public Works Director Date: 02/15/00 IF JFCM L Consider the overview of the candidate indd categories below and comment on each rating in Section It. 1. 2. 3. 4. 5. 6. 7. E Please list your technical and educational qualifications for this position. Please list your experience with dealing with the public. Experience dealing with elected boards. Experience with consultants and state agencies. Experience with managing employees. G,�,,s� Your connection with the local community. iy1/ Would you be willing to relocate to Okeechobb�are Y 9 Y not already living here? Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. SEMN/L Other Factors and Comments: 1�r J- .9 For Additional Comments Use Back SKMM M. c M O � ¢ a6i = Q m Overall Appraisal: OUTSTANDING ABovE AVERAGE AVERAGE BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's Name of Applicant: RCN L. Denis APPLICANT APPRAISAL FORM Position: Public Works Director SIMMIMIN t Consider the overview of the candidate in all categories below and comment on each rating in Section 11. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. 7. Would you be willing to relocate to Okeechobee, if you are not already living here? 8. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. SM M/L Other Factors and Comments: For Additional Comments Use Back SECTION IN Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE .� rr0 Date: 02/15/00 m a) M Q N as ca L 3 0 z m BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's Name of Applicant: Brad D. Woods 0 APPLICANT APPRAISAL FORM Position: Public Works Director SETi1it1M L Consider the overview of the candidate in all categories below and comment on each rating in Section II. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. 4. Experience with consultants and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. 7. Would you be willing to relocate to Okeechobee, if you are not already living here? 8. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. iMMIL Other Factors and Comments: For Additional Comments Use Back M MOM /it L01 -r Date: 02/15/00 E a� Q Cr Q o 6 m M C r` .001-r �I I Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE 'AbI BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No—Z Interviewers Initial's Name of Applicant: iWYMN L Brad D. Woods APPLICANT APPRAISAL FORM Position: Public Works Director Date: 02/15/00 Consider the overview of the candidate In all categories below and comment on each rating in Section It. 1. Please list your technical and educational qualifications for this position. 2. Please list your experience with dealing with the public. 3. Experience dealing with elected boards. Ad 4. Experience wi onsultann- and state agencies. 5. Experience with managing employees. 6. Your connection with the local community. (A -AU 7. Would you be willing to relocate to Okeechobee, if you are not already living here? 8. Explain the procedure you would use to develop to 3 to 5 year plan to meet in the City's needs in Public Works. SEMN At Other Factors and Comments: c a tM 2 ' a � Cr O o Q o a� Q m li�P-4 i 400ei AA40*�0�4 --- OF r L' For Additional Comments Use Back SMION M. Overall Appraisal: OUTSTANDING ABOVE AVERAGE AVERAGE BELOW AVERAGE INADEQUATE Recommend employment for current position opening: Yes No Interviewers Initial's