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2000-04-04 Regularill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. 111 Clerk Thor ias 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 Administrator Bill L. Veach Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present IV. PRESENTATION OF PROCLAMATIONS - Mayor. Mayor Kirk read the following proclamation in its entirety: "WHEREAS, teen smoking is on the rise and smoking among high school seniors is at a 19-year high; and WHEREAS, 4.5 million kids aged 12 -17 are current smokers and more A. Proclaim April 5, 2000 as "Kick Butts Day" (cigarettes). than 3,000 additional kids become regular smokers each day; and WHEREAS, the Centers for Disease Control predicts more than 5 million children under age 18 alive today will die prematurely from smoking -related diseases unless current trends are reversed; and WHEREAS, smoking -related illnesses already kill roughly 400,000 Americans each year, representing more deaths than from AIDS, alcohol, car accidents, murders, suicides, drugs and fires combined; and WHEREAS, most of these deaths could have been prevented; and WHEREAS, the children of the City of Okeechobee will no longer tolerate the tobacco industry's efforts manipulate them into buying lethal and additive products through insidious advertising campaigns; and WHEREAS, the Mayor of Okeechobee wishes to stand up with the children of this City in opposition to the advertising and marketing of tobacco products to children; NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim April 5,2000 as "KICK BUTTS DAY" in Okeechobee." The proclamation was presented to Marilyn Leeds, Tobacco Prevention Coordinator and Lakesha Jones of Students Working Against Tobacco (SWAT), who thanked the Council. 868 APRIL 4, 2000 - REGULAR MEETING - PAGE 2 OF 13 IV. PRESENTATION OF PROCLAMATIONS CONTINUED. B. Proclaim the week of April 9 through 15, 2000 as "Crime Victims' Mayor Kirk read the following proclamation in its entirety: "Whereas, as our City continues its efforts to fight crime at Rights Week." every level, we must never lose sight of the toll crime takes on victims. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at -large; and Whereas, we recognize that crime victims play an indispensable role in bringing offenders to justice. In return, we owe crime victims fair and respectful treatment during the criminal justice process. Moreover, it is right that we help them rebuild lives; and Whereas, while our City has adopted laws to protect the rights of victims of crime and provide them certain essential services, all of us — policy makers, those in the criminal justice system, counselors, clergy members, and members of the general public — must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as well. Let us dare to dream that in the year 2000 and beyond, respect and dignity will be basic rights for everyone victimized by crime; and Whereas, through public and private efforts, great strides have been made to ensure compassionate treatment of crime victims and their families. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims help to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also to build a better, more just community. Now Therefore, I James E. Kirk, by the virtue of the authority invested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 9 through 15, 2000 as "CRIME VICTIMS' RIGHTS WEEK," and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year." The proclamation was presented to Dee Raulerson, of the State Attorney's Office, Victims' Advocates Program. C. Proclaim the month of April, 2000 as "Census Awareness Month." Mayor Kirk read the following proclamation in its entirety: "WHEREAS, the census Bureau is mandated by the U.S. Constitution to take a count of the population every ten years and the next Census of Population and Housing will be taken on April 1, 2000 and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and the City of Okeechobee recognizes the equal importance of each resident in the 2000 Census count; and WHEREAS, there is a need for a full and fair count in 2000 because the federal government uses census numbers to allocate more than $180 billion in funds annually for community development initiatives, among them education and housing programs, health care services for the elderly and job training; and WHEREAS, Census 2000 is about civic renewal. The Census is about bringing members of our community together in renewal of civic commitment and should serve as a rallying point of our people; and WHEREAS, Census 2000 is about respect and recognition. The data collected will make sure that many populations identified in legislation and in public policy initiatives for recognition through federal, state and local programs are fully served in APRIL 4, 2000 - REGULAR MEETING - PAGE 3 OF 13 W • • 0 IV. PRESENTATION OF PROCLAMATIONS CONTINUED. C. Proclaim the month of April, 2000 as "Census Awareness Month" our community and throughout the country. NOW THEREFORE, I, JAMES E. KIRK, by the virtue of the authority continued. invested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April, 2000 as "CENSUS AWARENESS MONTH," and urge every person in the City of Okeechobee to be counted by answering the Census. The proclamation was presented to Eula Robinson -Clarke, Partnership Specialist and Mr. Jerry Walker. Ms. Clarke thanked the Council for their support of the Census Program and encouraged them to continue to help make the community aware of how important it is to be counted in the 2000 Census. V. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Watford moved to dispense with the reading and approve the Summary of Council Acion for the Council Action for the March 21, 2000 Regular Meeting. March 21, 2000 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 735 amending the Comprehensive Plan Intergovernmental Coordination Element and the Future Land Use Element specifically regarding coordination between School Board Plans and Municipal Comprehensive Plans - City Planner/City Attomey (Exhibit 1). KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Mayor Kirk opened the Public Hearing for Ordinance Adoption at 6:17 p.m. Council Member Watford moved to read by title only, proposed Ordinance No. 735 amending the Comprehensive Plan Intergovernmental Coordination Element and the Future Land Use Element specifically regarding coordination between School Board Plans and Municipal Comprehensive Plans; seconded by Council Member Oliver. APRIL 4, 2000 - REGULAR MEETING - PAGE 4 OF 13 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 735 by title only 2. a) Motion to adopt proposed Ordinance No. 735. b) Public comment. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 746 regarding telecommunications - City Attorney (Exhibit 2). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 735 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GRUNTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Council Member Markham moved to adopt proposed Ordinance No. 735; seconded by Council Member Oliver. Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion between the Council and City Planning Consultant, Jock Robertson of LaRue Planning, regarding an update that these amendments to the Future Land Use and In Coordination Elements of the Comprehensive Plan. These changes are due to state mandated changes in the Growth Management Laws specifically regarding school sitting issues. The Land Planning Agency recommended approval of these amendments unanimously. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 746 regarding telecommunications; seconded by Council Member Oliver. APRIL 4, 2000 - REGULAR MEETING - PAGE 5 OF 13 871 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.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. 746 by title only. Attorney Cook read proposed Ordinance No. 746 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; 11 PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE". 2. a) Motion to adopt proposed Ordinance No. 746. Council Member Oliver moved to adopt proposed Ordinance No. 746; seconded by Council Member Markham. b) Public comment. Mayor Kirk asked whether there were any questions or comments from the public, there were none, City Planning Consultant, Jock Robertson, of LaRue Planning entered into the record a letter from Attorney Gabriel representing Nextel Communications, stating they had no objections to the language of the ordinance -as it was presented. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only, proposed Ordinance No. 747 regarding Council Member Oliver moved to read by title only, proposed Ordinance No. 747 regarding fire hydrants; seconded by fire hydrants - City Attorney (Exhibit 3). 1 Council Member Watford. 872 APRIL 4, 2000 - REGULAR MEETING - PAGE 6 OF 13 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 747 by title only 2. a) Motion to adopt proposed Ordinance No. 747. b) Public comment. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 747 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE". Council Member Watford moved to adopt proposed Ordinance No. 747; seconded by Council Member Oliver. Mayor Kirk asked whether there were any questions or comments from the public. Attorney Tom Conely for the Okeechobee Utility Authority (OUA) addressed the Council requesting them to table the adoption of this ordinance until a meeting could be held between the City and OUA representatives. Following a lengthy discussion, Council agreed to a meeting to be held between Mayor Kirk, City Attorney Cook, OUA Director Fortner and OUA Attorney Conely to discuss amendments to this proposed ordinance. The Council also instructed the Fire Chief to proceed with reviewing plans provided by the OUA and decide where and how many fire hydrants should be installed in water line improvements that are scheduled within the City Limits. Council Member Watford moved to table proposed Ordinance No. 747 until April 18, 2000; seconded by Council Member Oliver. APRIL 4, 2000 - REGULAR MEETING - PAGE 7 OF 13 873 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Vlll. OPEN FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A. Discuss the Community Development Block Grant (CDBG) Program - Nancy Phillips, Grant Administrator. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk closed the Public Hearing at 7:02 p.m. Mayor Kirk opened the First Public Hearing for Community Development Block Grant Program at 7:03 p.m. City Grant Administrator Nancy Phillips, of Craig A. Smith and Associates addressed the Council stating this is the first of two public hearings that is required if the City of Okeechobee decides that they want to pursue the Federal Fiscal Year 2000 Community Development Block Grant (CDBG) Program. The purpose of the public hearing is to advise concerned citizens of the City, that the City is considering applying for CDBG funds in one or more of the following categories: housing rehabilitation, neighborhood revitalization, commercial revitalization and you can also have an economic development grant in addition to one the of the first three that were itemized. The Florida Department of Community Affairs is receiving approximately $34 million for Federal Fiscal Year 2000 and that money will be dispensed by 20 percent of it going into the housing rehabilitation category, 40 percent into the neighborhood revitalization category, 20 percent into the commercial revitalization and 30 percent into economic development. The City is eligible to make application for up to $600,000 in one (or if you want to do an economic development grant), two of the CDBG categories. The deadline for economic development has already past the first deadline and that was March 31, 2000. The window of opportunity is kept open until all of the funds statewide have been reserved based on the submission of grant applications. The other three categories have one deadline per year and that is May 31, 2000. In the areas of housing rehabilitation, to give a brief summary, that is to rehabilitate houses that are occupied by lower and moderate income individuals, this is for the correction of code violations. As you will recall, last year we submitted a housing rehabilitation application on behalf of the City and at that time the Fire Department identified over two hundred houses just from a "windshield tour' that they visibly saw that needed rehabilitation dollars which could have been identified as the program area. 874 `"f- APRIL 4, 2000 - REGULAR MEETING - PAGE 8 OF 13 Vill. FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUED. The neighborhood revitalization program is an area to provide infrastructure to lower and moderate income A. Discuss the Community Development Block Grant (CDBG) neighborhoods. Infrastructure being water, sewer, roads, build parks, land assembly and site preparation for a new Program continued. housing development, drainage activities or mitigation of future natural disaster areas that were identified in your Local Mitigation Plan. Commercial revitalization is a program area that the City has had in the past. As you will recall, a couple of years ago you had a commercial revitalization grant which you did facade treatments for your downtown area. Again you can make application for those funds if the City so desired. In addition to the three categories that I have already identified, the City can also make application for another $600,000 for economic development grant. Economic Development Grants are based on job creation, if the City would form a partnership with a business who would be creating new jobs for City residents and County residents. The City could make application for up to $600,000 to provide infrastructure on behalf of that job creator, extend water and sewer lines, build roadways, railroad spurs, lengthen runways, things like that, public infrastructure. Mayor Kirk asked whether there were any questions or comments from the public, there were none. Council Member Watford asked whether the Council needed to decide tonight what area they wanted to pursue for a grant. Ms. Phillips advised that there is another item on the agenda where the Council will need to address that matter. This public hearing serves to meet the City's legal requirements. CLOSE PUBLIC HEARING - Mayor. III Mayor Kirk closed the Public Hearing at 7:08 p.m. IX. UNFINISHED BUSINESS. A.1. Motion to remove from the table, Resolution No. 00-3 - Mayor. III Council Member Watford moved to remove from the table, Resolution No. 00-3 - Mayor; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. APRIL 4, 2000 - REGULAR MEETING - PAGE 9 OF 13 875 IX. UNFINISHED BUSINESS CONTINUED. Due to action taken on proposed Ordinance No. 747 and a request by the OUA Attorney, Tom Conely to discuss this 2. Motion to adopt Revised Resolution No. 00-3 setting fees for Utility proposed Resolution when the ordinance is discussed, Council Member Oliver moved to table proposed Resolution Permits - City Administrator/City Attorney (Exhibit 4). No 00-3; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA X. NEW BUSINESS. MOTION CARRIED. A. Consider applying for Community Development Block Grant Funds Grant Administrator, Nancy Phillips of Craig A. Smith and Associates distributed copies of a proposed Housing in one of the following categories - Nancy Phillips, Grant Rehabilitation Grant category application and explained that she did some preliminary scoring on it. She went on to Administrator. explain she chose the housing rehabilitation category based on a meeting she had with the City Administrator and staff and what we did last year. 1. Housing 2. Neighborhood Revitalization The applications are due May 31, 2000 and making a lot of assumptions from last year's application the scenarios have 3. Commercial Revitalization not changed a lot. If the City applied for a $600,000 grant in the Housing Rehabilitation category a proposed budget 4. Economic Development could be, housing rehabilitation/demolition and replacement, four hundred ninety-five thousand dollars ($495,000) and temporary relocation, fifteen thousand dollars ($15,000). Temporary relocation is used when you are moving individuals in and out of their house and if you have to put them up in a hotel while their house is being worked on because not everybody has friends and families they can go live with for sixty days. Grant administration cost in the housing category 11 is 15 percent of the grant award. In Federal Fiscal Year1999, we submitted an application to the State of Florida, Department of Community Affairs on behalf of the City of Okeechobee. It called for the rehabilitation of twenty-one owner -occupied housing units. That application had a score of 647.85 points out of a possible 1000 points. The City has been penalized fifteen points based on an occurrence in your last CDBG application and those fifteen penalty points will stay with the City for a period of two years or until you are funded. That application was not funded. Assuming the same budget for Federal Fiscal Year 2000, 1 am suggesting because of the new lead based paint requirement that starts on September 15, 2000, which is going to cost each community between and three thousand ($3,000) to five thousand dollars ($5,000) per house that we down size the number of housing units that we would do, from twenty-one to nineteen, which would not give the City as many points. The preliminary score for the City would be 609.85. The fundable range for 1999 was 709.43. 876 APRIL 4, 2000 - REGULAR MEETING - PAGE 10 OF 13 X. NEW BUSINESS CONTINUED. A. Consider applying for Community Development Block Grant Funds Mrs. Phillips when on to explain that this is a numbers game, the points score everything. Administrator Veach went in one of the following categories continued. to the workshop and he heard that very clearly, everything is based on points. We could go for maximum points by maximum houses, because by only doing nineteen houses that cost us thirty points. This is a local decision, you have to deal with the lead based paint requirements and no one is sure how much that is going to cost. The Council can choose any category to make application for the grant. If you had a business that wanted to locate within your Industrial Park, you could make application for an Economic Development Grant. We would need to do that very quickly so that we can be sure that we are going to get a fund reservation done. That deadline was March 31, 2000. They have already received six applications, last year they funded about fourteen. This process works by submitting your application to DCA, they automatically reserve your funds. They do a staff review it takes thirty to forty-five days, they conduct a site visit on your project. Then you have sixty days to complete your project. If it does not come together within that sixty day time period you lose your letter of reservation. However, it does not mean that your project might not be funded, they basically are setting those projects on a bookshelf. Last year they carried over $1.5 million into this year for funding for Economic Development. Discussion ensued, Council decided to defer a decision on this matter until after the presentation from Sheffield Environmental Services. B. Consider Temporary Street Closings: 1. Motion to temporarily close Southwest 3`d Avenue (either Council Member Watford moved to temporarily close Southwest 31 Avenue between North and South Park Streets on between North and South Park Streets or South Park and Saturday, April 8, 2000 from 9:00 a.m. to 12 o'clock noon; seconded by Council Member Oliver. There was a brief 2"d Streets) on Saturday, April 8, 2000 from 10:00 a.m. to discussion on this matter. 12 o'clock noon - Kenneth Frid, General Manager, Arrow Communications (Exhibit 5). VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 2. Motion to temporarily close Northwest 111h Street between 81h and 9th Avenues on Saturday, April 15, 2000 from 10:00 Council Member Markham moved to temporarily close Northwest 1 Vh Street between 8�' and 9`h Avenues on Saturday, a.m. to 6:00 p.m. - Pastor Vernon and Annette April 15, 2000 from 10:00 a.m. to 6:00 p.m; seconded by Council Member Oliver. There was a brief discussion regarding Reason/Arlease Hall, Coordinator of the Big Lake Church this matter. of God by Faith (Exhibit 6). 11 APRIL 4, 2000 - REGULAR MEETING - PAGE 11 OF 13 877 X. NEW BUSINESS CONTINUED. B. 2. Motion to temporarily close Northwest 111h Street between VOTE 8" and 91h Avenues on Saturday, April 15, 2000 from 10:00 KIRK - YEA a.m. to 6:00 p.m. continued. CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C. Presentation from Sheffield Environmental Services - Tim Gates, Mr. Dale Milita introduced Mr. Tim Gates, Jr. President of Sheffield Environmental Services. Mr. Gates addressed the that he like to open a new business within the City Indus', ial Park and asked the City to work Jr., President/Dale Milita. Council explaining would with him by obtaining whatever grants possible and that would be available to the City to develop the industrial park. Following a lengthy discussion, the consensus of the Council was that they wanted to proceed with working with Sheffield Environmental Services to locate their business within the City's industrial park. That the City' Administrator, Attorney and Mayor serve as a negotiating committee and present information back to the Council for action when appropriate. A. Consider applying for Community Development Block Grant Funds Council Member Watford moved to authorize Craig A Smith and Associates to apply for an Economic Block Grant on behalf of the City of Okeechobee; seconded by Council Member Oliver. in one of the following categories continued. Development Mr. Gates of Sheffield Environmental Services stated he would accommodate for the cost of the grant application. Cost is estimated to be between ten to twelve thousand dollars ($10,000 to $12,000). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 878 APRIL 4, 2000 - REGULAR MEETING - PAGE 12 OF 13 - X. NEW BUSINESS CONTINUED. D. Consider a recommendation from the City Code Enforcement Attorney Cook advised the Council that he was late arriving at the Code Enforcement Board meeting where the action Board regarding property in violation of City Codes along South took place by the Board to foreclose on the property located at 1811 South Parrott Avenue, Marvin Brantley, property Parrott Avenue, Marvin Brantley, property owner - Marsha Montesi, owner. Due to Mr. Brantley's attorney submitting an appeal, he advised that the Council cannot take any action on this CEB Chairperson (Exhibit 7). 11 matter at this time. He suggested to the Council that he contact Mr. Brantley's attorney and find out whether or not they would be willing to come to a resolution. Those requirements of the resolution would have to be approved by the Code Board and then accepted by Mr. Brantley. Or, if a resolution cannot be made, the City will have to wait until the Court determines the appeal. Council agreed with Attorney Cook's suggestion. Mr. Marvin Brantley addressed the Council stating that he wanted this resolved. He was not making any promises but for them to watch and look everyday. E. Discuss the proposed Franchise between the City and NUI City Monica Clark, owner of Glades Gas Company of Okeechobee, addressed the Council regarding a presentation by N U I Gas Company - Monica Clark, Glades Gas Company (Exhibit 8). City Gas Company for a franchise for natural gas within the City. It was her understanding that the City Gas Company representative, who addressed the Council, stated that his company had been in contact with Glades Gas. Mrs. Clark wanted to clarify that it was not Glades Gas of Okeechobee, but of Clewiston, her brother's company, that the company had been in contact with. She urged the City Council to research their request for a franchise and make sure that it would be in the best interest for the City. The Council thanked Mrs. Clark for her information that she provided. F. Re-evaluation City Attorney's additional salary and work completed The Council reviewed the detailed list of items Attorney Cook billed the City for during the last six months. Attorney - City Council (Exhibit 9). Cook and the Council briefly discussed issues that have been pending for a long period of time, IE: Sprint and Adelphia Franchise Agreements. Council Members commented they knew progress had been made during the last six months, that he had been more accessible, and stressed the importance of working on the items that are on the pending list. Council agreed to continue the additional salary for six months and re -address this issue at budget time for 2000.2001 fiscal year. G. Discuss additional personnel in General Services/City Clerk's Following a brief discussion, Council Member Watford made a motion to not hire the additional personnel in the General Offices - Council Member Watford. Services and City Clerk's Offices. Motion died for lack of second on third call. There was a brief discussion as how this position was put in the budget and whether or not it had already been approved at that time. Council Member Oliver moved to hire one additional clerical person in the General Services and City Clerk's Offices; seconded by Council Member Markham. APRIL 4, 2000 - REGULAR MEETING - PAGE 13 OF 13 879 X. NEW BUSINESS CONTINUED. G. Discuss additional personnel in General Services/City Clerk's Offices continued. XI. 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: JAMBI. KIRK, MAYOR BONNIE S. THOMAS, CIVIC, CITY CLERK VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - NO MOTION CARRIED. POINT OF CLARIFICATION: The September 30, 1999 Final Budget Public Hearing Minutes state: Mayor Kirk suggested the position remain in the budget, allow for aii least three months before the position is filled al;d have the City Administrator and City Clerk evaluate whether the position will still be necessary. Council Members Chandler and Oliver agreed with this suggestion. Vote on motion to delete the position from the budget failed. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 9:20 p.m. ii i ---------- - ----- - - - - -- --- -- -- - --- -- - - --- --- ----- --- Page -1- -- -- - _ ----- CITY OF OKEECHOBEE -- -- - --- _ _ CITY COUNCIL REGULAR MEETING - Apri14.24QQ__ _ HANDWRITTEN MINUTES ----�1{; _ - �E-T9�RBER:-- Mayor��-----,�-�, tz�. z�a: c�v �o,�u,��zea�.►- M�tr�►� OPENING %,cmciwJNIES�, -----1nv�ion'offer'6 6y Pa.�tor ca.Lv%w�f. rvar Pledge of Allegiance led by Mcwar P. Hu HL -_ MAYOR, COUNCIL AND -STAFF Present Absent _____ Council Member Chandler ✓ _ ` _-- - - -- - - �- ----- . - ----eaurrct Markham ---- - - — — --- -- - Council Member Oliver _ Council Member Watford _A rney-C94k - - --- - - -- --- -- --- Administrator Veach �/ r -- - ----- � -- pity-Clerk-Themas -- - - --- ----- -- - - ------�'---�------- - ---- -- - - - - - - ----------- Deputy Clerk Gamiotea �IV. PRESENTATION OF PROCLAMATIONS - Mayor. `~- Y ��►: Proclaim --A- ril 5, 2000 as "Kick Butts Day" (cigarettes). "WHEREAS, teen smokingis on -the -rise -and- b sehee - smoking F-seniors-is -at-a- �9a�rear`-high;-arrrct----- ' i WHEREAS, 4.5 million kids aged 12 -17 are current smokers and more than 3,000 additional kids become regular - smokers e6eh day; anttiNHEREi4S; tho 06 6 a -fu+ �ibed5ontr6l predicts maran mittion cfiiCdren -under-- age 18 alive today will die prematurely from smoking -related diseases unless current trends are reversed; and Y i itvncKt bb smooXitig-related illnesses already kill roughly 400,000 Americans each year, representing more deaths than from AIDS, alcohol, car accidents, murders suicides, drugs_andJres =bined; anct WNFRFeSm ost-of these deaths could have been prevented; and WHEREAS, the children of the City of Okeechobee will no longer " --__itolerate the tobacco industq(s.effor-ts-manipulate them intsbuying lethal an ads &,- advertising campaigns; and WHEREAS, the Mayor of Okeechobee wishes to stand up with the children of this City 4n-epposifierrto fhe advertising -products -to children; NOW THEREFORE tJames E...... ___-- Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim du r ► � uw V" in Okee-� chob-d-C - -- p p - B. Proclaim the week of April 9 through 15, 2000 as "Crime Victims' Rights Week." - tWlits lay, a5 uu+ Cfty co llnws its efforts fo-flight came at every level, We ihusT never lose sigt of theTo-It crime '--' -- i 1 takes on victims. Those who have suffered a violation of their person, roe , or trust deserve to be treated with dignity and respect by our criminal arm�javenife justice systems and by society at -large; and Whereas, we recognize thatcrime_ victims plat_-anindispensable roleJn_bringing_aifenders to justice.-laxetum�wanwe_crime_.._.. _ I victims fair and respectful treatment during the criminal justice process. Moreover, it is right that we help them a rebuild lives; a�nd-W#�ereas� �n►hile ear City -has adepted laws fo�reteet'he Nghts of vietkn -of erfine and -provide- . _. _ them certain essential services, all of us - policy makers, those in the criminal justice system, counselors, clergy i +++C+++: +5, a++J +ne+n? +� ui t1+e y�+�e+di putitfc�nustdo�ivha wt�ca tow1nere not only to the letter of victims - rights laws but the spirit of those laws as well. Let us dare to dream that in the year 2000 and beyond, respect and dignity will be basic rights for everyone victimized by crime; and Whereas, through public and private efforts, great _ !strides_have -been made to ensure compassionate treatment9f o-e yicbms and_.theiLfam i es-Let_us gratefufly_ acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law rage -z- V--- - enTorcement officers, prosecu is, vicfim service providers,-correc ions officers, parole and probation officers, counselors, physicians, health carejrofessionais,and the mangy others whose dedication and service to rdrrr, victims help to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for - those -victims in#a . the rights Cand trreattme�nt, of other victims of crime but, yalls�o'tto build a better, of just community. Now Therefore, - - - i - 1--- - . T[iT1C� T7y Cflc virtwof the, auft invested III me -as VI 111C eity VI Okom,:Iubcc, JU holdby proclaim the week of April 9 through 15, 2000 as "CRIME VICTIMS' RIGHTS WEEK," and urge the citizens of'this City -to use -the week to reatnrm our commitment to see that crime victims -receive our respect; undemanding, and help this week and throughout the year. — - - -- - --- -- --- WHEREAS, the census Bureau is mandated by the U.S. Constitution to take a count of the population every ten years and the next Census of Population and Housing will be taken on April 1, 2000 and political represeritetion 1. to the United StOs House of Represe.ntatives�.s-tateAegWatu[es_and-LocaL4oyernments is determined by the I Decennial Census, and the City of Okeechobee recognizes the equal importance of each resident in the 2006- - -- Censua�sunt; a as a need for a full and-fa0-cow*n_-2000 because the federal go we, i iment uses census numbers to allocate more than $180 billion in funds annually for community development initiatives, - - - CIIIIU119 J IM 11 UJUt,C1601 al ld I -Uuoil y NI U 1 al l lo, t7MKl l trap 5ei vims for -the -elderly Ott job training; and WHEREAS_, Census_ 2000 is about civic renewal. The Census is about bringing members of our community r to el ierin renewal of civic commitment and-Tis ouid serve as a rail in- mt of our - - 9 y g po' people; and WHEREAAS,, Census_2000 is -about respect and _rp n_ition. The data collected will make sure that many-populatiQrisidentified in legislation and in public policy initiatives for recognition through federal, state and local programs are fully served - in -our t ommunity--and throughoutthe-couafty, ;NOW-THEREF RE,4, JAM€S€. -au f_- - invested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April, 2000 as "CENSUS _ AWARENESS-MONTI+ 'and urge ovw y �mi oUi 1 ;if tl m City- of Bkeec LC WU1 It" di iawCl if 19 f Census. `� � -v a , � �'1_ S-41z; i- V. _ MINUTES- --Crary Clerk. - -1 - --- - -- - - -- -- - -- - - j A. Council Member W moved to dispense with the reading and approve the Summary - i- ---of-Councif Action for -the March- ----- 21, 2000 Regular Meeting; -by -Council 1% m-5er VOTE: --YF-5 --ate-- - *BSENT - ABSTAINED - KIRK ----- DISCUSSION: -- - -- -COMER - - -- - - - MARKHAM MWER WATFORD ___-MOTION:- A ED - DENIED AGENDA - Illlayor. — - -- - - - — - _. A. _ Requests_for the addition deferral or withdrawal of items on today's_agenda.__ .. � -- -- -- ---- -- - — ---- - age -6- OPEN PUBLIC HI5kRIN vnUINAMOr. Awur i tuff=-Waayor -- - - —_ A.1. a) Council Member moved to read by title only, proposed Ordinance No. 735 amendin(L_ -{comprehensive Dian Intergovernmental Coordination Element and the Future Land Use Element APecifically regarding coordination be twe-en SchooL@oardllans-and Municipal (:mm City Planner/City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to r4ro K — -- - - ---?- ---- - - --cJ- Attorney �ooK readRKHAM Ordinance No. 735 as follows: "AN OrFORDOF THEOKEECHOBEEMOTION:D - DENIED —OKE-ECH08E ----____-- - -- ------ FLORIDA ADOPTING -- - - -- - - -- -- PLAN VA CHANGES IN me . GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE ANA t i " - -- - --" - ---UA l t I ht tAfb l iNV Ubit:U 11�r`5, POLICIES, DATA, AND - ANALYSIS OF THE COORDINATION ELEMENT AND THE FUTURE LAND USE _— — ELEMENTINACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 1163, FL JW"_T.BTUTES; PROVIDING FOR A TR!lNSMITTAI TOT $ANNM AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN- tFFErTIVE DATE; AND FOR 0T�IERf�F�R�9SES."- - - - ---- _ .---- --- - ++ fM111uv toluNt NruNu�ied Orslitrdrrs:e ivc. 735; seconded ny t:ounei► Member 4Z4 b Public comment.41-C - - KIRK ( MARKHAM - - - --c) -Vote on ma6w. WATFORD MOTION: AR D - DENIED i • Page; 4- - &- t: -AK-ouncii mem-be� - moved to read by title only, proposed Ordin No. 746 re +ding telecommunications -City Attome r�Exhibit�; seconded by Council Mem�e _ -- ---- - -b) Vote on mo ion to rEad_.by-ii#l*�-- only. VL)lt: - - - ---YES- _ NO ABSENT Awmi4ED KIRK - - -TITAN_DLETt - - --- c) Attorney Cook read proposed MARKHAM 746-b �7f1 - - - — _-- _-- Y Y OLIVER - -- - as follows: "AN ORDINANCE WATFORD - ---- f -OF THE _ -CITY OF OKEECHOBEE,_ FLORIDA MOTION - AMENDING SECTION 990, - --DEF1N1T.10N_ OFTERMS_8' ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICO",, — Wit- - - — - TARS; i488ING SE�Ti8N--588 HNC COMM Im COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING Ili — - - - - - -- - -REVISIONSTO THIS CODE, AND PROWDINGFOR Ari cr-rcU i i ltt DATE". 3. aYCounG'( ember - moved to adopt proposed Ordinance No. 746; seconded by Cound " Member -- - - --W 1?1 blic-Comment.— - - - - - — - - -- --- - -- - -t! -- - �- j� --- - - - - i T i �s ro it --� -- --- - -_-- _ -- -- - -- - - -VQTE ---N4----AB%NT tELV_ - -- •-� - - -- - - - -- - - --- KIRK MARKHAM - - - - -- - - - - - - - - OUVEk- - - - --- - - - — x.. WATFO RD c) Vote on motion. MOTION: C RRI - DENIED : -- + ---VJU -- i OLU6rk UkAN I PROGRAM Mayor A. Discuss the Community Development Block Grant-jQQM. Program---Nancy.phiU4 Graant.__-- ------- -r I� �t �ILO$E PUBLIC HEARING -Mayor 7� �v , -- - -- -------- ----- ---- ------ -- ------ -- - -- -- -- --- - --- — ---- 4' 0 • —_ - Page -i.. =----- - — --- ---- - - - tX: ---tfNFtNtSt#EQ Bt{StNESS�� ----- --- - -- -- — _.-_- _--- - - A.1. Council Member ved to remove from the table, Resolution No_00-3 - M, apw, s cdnded by Council Member , VOTE: YES NO ABSENT ABSTAINED CHANDLER IV R - - - -- - - - f -- Z -- Ceuneti Mem TNUSOM101 I Ne.-00- Permits - City Administrat ity Attorney (Exhibit 4); seconded by Council Member _- - - -- --- -- - - - - -- VOM- -- - - - YES_---hQ__-ABSENT. A6S KIRK MARKHAM _ _ - - - ; -- - - - - --- -- - - - - _-OLIVER - - --- - - - - { WATFORD 'i MOTION: RRI - DENIED X. NEW BUSINESS. Consider applyiag-for Lomrnunitjr Development Block -Grant--Funds in - categories - Nancy Phillips, Grant Administrator. _ 1. Housing 3. Commercial Revitalization _ Y 4. Economic Development w -- -__ S/- -��'� �__j4ems- __ -- c�~�� L �� / �� ~�� ' r^��~��°�� ~'�^r*��^' ��"^� �� , z�f�� ` - - -- - -/ l~`~^~ ' ° � u�^��.- ��c�.�--__=_= _ _ __ . �� __ _ _ -_ yy _ ~ �� ___ __'' ---- -__-______-_-- -- - _-__- ___ - ^_' ` ~-~«�-`,^^~ ��, __-�___---__-___-_ - - ''��- - \1 ' � ` -____-_-__- _--__' ____--___-'__ -_ _-' _ - � _ __ _ ___ ______ *��v� �-.�__ ___ _ _ _ _ -- ` _ - _ ___-_-- -______ l_----_--'-- �____-.____-- __-_-___ __'____-_--_ ' . ^ __ - - _' ____- __ __� __-_-_'-_ --- --_- -____' - ' __---_--- _ _ --_�_�-_ ��' � __�____- -__ -_--_ -- -- -' -_'_-_- _-- _ - _ - -' __ '____ __�- - . ' . � ' _ - -_-_____- _' -_ _-_''-___ '_- -_ __ --- - ' - .� - - _ - - - - - �. - - i - _-__- -_-_-_______�___.__'_--_--___-' ---__ ---' - ^, '/ _ - _- _ - _- __ _ _- - _ - - -- -�, , .. - __-___-__ .____'- __ _ ' -- _' - �' -- _ --- - - - _- -- '_--___. __-_ _ -_----__---_-_�_._ ---' �� _ _ ' __ - - - - -_- --_-___ _ _ - ' _- , � __ - �__ - - __ - -- _ - -- _ -- - ' ^ __ __-_____-_-_-____-_-___-_______'__---__ - - -- - - - - - - _ _ __ - __-_ _ - _ '_ - -___ _ ___� ^- -___-_ . | �___- _-__- - -_ .� _- ^- -__ - _ __ __�___- - -__� --_-- -' --- - - ! — - - ' ` _ -____-� _____-_- __- ' -_ _____- -_. __ _ __ _- __'�_- _ - ______--_-_-� --__'___ - ____ ---_'_ - - ' _ --- �' __ -_ | '__--_ _____�---__ �-_ _- - ---___ _ �__-_-___- � - ____ -_ __-_--- --�- --- ----------'-- --' - - -- — ------f�-------- . -----------�------- -----�--� ---------------' - —'- ----�--- -T'------ ' ' -------- -- --------'-- -----'-------- --' -- -- ------------------F ------- ` � __ _ _-__ _ - _ _'- - _' -- -__ -- --_ _-__� __-__ ___ _ __ ' __' _-_ -_-_ -- - ----- ------ - �----- ---- -- - - - r .' '---- ! _ _ -` _ _________ _____. ____'-__ __ _ __ +- ___� � ____� __________�-__-__' - --- __---- --- - -- - --''--� --- -----r� �-- --- _ __ _ ___ __� __ '_-- _ -- - --� --� - - - -- - -- -� f ` � � �� _ �� _ � �� -__--___- _ _ _--______-_-_ �'_---_-'______-__ - --- __-_�__ +�__- __� .. ' | . ' ^ | � ^--'==� ' / '. � i / I, - - - - - age =-8= -- S. Consider Temporary Street CI-osin s: - - -- — -- - -- - - — 1. Council Member moved to temporarily close west 3'" Avenue (either ��is) on Satdday April 2000 oma.m: to 11 o'cloc noon -Kenneth Frid, General Manager, Arrow l DISCUSSION: �j VOTE: YE5 NO ABSENT ABSTAINED CHANDLER OLIVER , 49-� Mo (-A -_ ; 2. Council Member -�� moved to temporarily close Northwest 11" Street between - --- - --- - 8"Fan�lc 9". (fees on Saturday Ap-n1-M, 2 00Tr m-V-00 a.m fo 6.W p.m:=Pasf6- - - _ _Vernon and Annette Reason/Adease Hall, Coordinator of the Big Lake Church of God by Faith (Exhib(6); seconded by Council Member VOTE: NO ABSENT ABSTAINED — ji CHANDLERHA - -- - — -- --- -- - MARKM — ci OLIVER -- - —' MOTIO IED - DENIED ----- 01 as - -- --- ---- - f)flge-'4— --- � ` , .°" imm � 0 11 Tkc-,� e -Tr E. ----Dis�cuss-the proposed Franchise betWW-the City and NUI City Gas Company - Moni&a--(afjjk,- Glades Gas Company (Exhibit 8). • • Page -12- -- F. Re-evaluation City Attorney'sadditional salary and work completed -City Council (Exhibit 9). i MAIM W-A • 0 �- 9 _ enforcement o-fificers, prosecu%rs—victim s6rVice providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims help to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also to build a better, more just community. Now Therefore, I James E. Kirk, by the virtue of the authority invested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 9 through 15, 2000 as "CRIME VICTIMS' RIGHTS WEEK," and urge the citizens of this City to use the week to reaffirm our commitmentTo see thatcrtme victims receive our respect, understanding, and help this week and throughout the year. I I ---------; �- C. Proclaim the month of April, 2000 as "Census Awareness Month." WHEREAS, the census Bureau is mandated by the U.S. Constitution to take a count of the population every ten years and the next -Census of Population an ousing wTi be taken on April 1, 2000 and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and the City of Okeechobee recognizes the equal importance of each resident in the 2000 Census count; and WHEREAS, there is a need for a full and fair count in 2000 because the federal government uses census numbers to allocate more than $180 billion in funds annually for community development initiatives, among them education and housing programs, health care services for the elderly and job training; and WHEREAS, Census 2000 is about civic renewal. The Census is about bringing members of our community together in renewal of civic commitment and should serve as a rallying point of our people; and WHEREAS, Census 2000 is about respect and recognition. The data collected will make sure that many populations identified iolha�in legislation and in public policy initiatives for recognition through federal, state and local programs are fully served in our community and throughout the country. NOW THEREFORE, I, JAMES E. KIRK, by the virtue of the authority `- invested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April, 2000 as "CENSUS AWARENESS MONTH," and urge every person in the City of Okeechobee to be counted by answering the k Census.cit ' 7a LD V. MINUTES - City Clerk. ---- . - --- ---- ----- - A. Council Member Amoved to dispense with the reading and approve the Summary of Council Action for the March 21, 2000 Regular Meeting; seconded b Council Member VOTE: -- Y-F3----NO ABSENT ABSTAINED KI RK DISCUSSION: CHANDLER - n MARKHAM OLIVER _ WATFO RD MOTION ENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1 l ' VII. OPEN PUBLIC HEARIRDINANCE ADOPTION - Mayo - }.xY i A.1. a) Council Member moved to read by title only, proposed Ordinance No. 735 amending ----- the Comprehensive Plan Intergovernmental Coordination Element and the Future Land Use Element specifically regarding coordination between School Board Plans and ici al Comprehensive Plans - City Planner/City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. -- — VOTE: YES NO ABSENT ABSTAINED KIRK _ cj Attorney Coon read proposed CHANDLER Ordinance No. 735 by title only MARKHAM —- -- OLIVER as follows: "AN ORDINANCE WATFORD OF THE-_CJTY- _ _OF OKEECHOBEE OF DENIED OKEECHOBEE COUNTY, FLORIDA ADOPTING --� — - AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE I GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND - - UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." -- - --_ --- 2. a) Council Member-W_ moved to adopt proposed Ordinance No. 735; seconded by Council Member =} - b) Public comment. _--------------_ _-- Jv� rltt-�( VOTE: YE5 NO ABSENT ABSTAINED KIRK - CHANDLER -- -- MARKHAM — -OLIVER _ - WATFORD _z Vote on motion. -- DENIED ___ _0_ _ J • • �I -- '' - - - ---- - -Page i -- —S t. a) Council Member mov o read yy iTe only, proposed Or ' No. 746 regarding telecommunications - City Attorney (Exhibit 2); seconded by Council Membe. b) __.Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No. 746 by title only - as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990 VOTE: -------YES NO ABSENT ABSTAINED KIRK !-- CHANDLER MARKHAM c� OLIVER WATFORD C— I DEFINITION OF TERMS BY -- ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 580 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE". . a) Council Member,_ moved to adopt proposed Ordinance No. 746; seconded by Council Member b) Public comment._2, _ _ _--- c) Vote on motion. VOTE: YES NO ABSENT ABSTAINED KI RK CHANDLER MARKHAM �- OLtVER E- WATFORD 6-- -DENIED • T 11 i �I —_ - -- Page =5= 1 I --- y— -G. fia-j-Council Member moved to read by title only, propos No. 747 regarding fire hydrants - CityAttorneyx ibit 3 ; seconded b Council Member b) Vote on motion to read by title only. c) Attorney Cook read proposed Ordinance No. 747 by title only as follows "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDAAMENDING FORMER VOTE: YES NO ABSENT ABSTAINED KI RK ~ CHANDLER MARKHAM OLIVER — WATFORD DENIED SECTION 18-37 CODE OF ORDINANCES; PROVIDING - - FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING_ FOR AN EFFECTIVE DATE". 2. a) Council Member I, moved to adopt proposed Ordinance No. 747; seconded by Council Member. b) Public comment. r � i00 • 1 r 1 � ok I - ./. • {p._ �, , TE: YES NO ABSENT�iABSTAINED CH ---- - UU CHAN ER -(.'D MARKHA OLIVER WATFORD +o ,-aa__ __ OTION: CARRIED - DENIED 00410 c) Vote on motion. pk S b <—, --- --- - - - — CLOSE PUBLIC HEARING - Mayor • L VIII. OPEN FIRST-PUSUG HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor A. Discuss the Community Development Block Grant (CDBG) Program - Anancy Phillips, Grant Administrator. 1 1 • IM, 2cco- F- 6 _0 -G21- ,,1� • fir. � ® � s •� s : / I I / I ` f 7 � �� 1. A� MWIGZAV i as Lai-- CLOSE PUBLIC HEARING - Mayor UA • • Page =7= UNFINISHED BUSINESS ------_- - --- -_ - -- -- - — - _— --- _ — A. Council Member ove from the table, Resolution No. 00-3_-ay or1 seconded by Council Memb VOTE: YE5 NO ABSENT ABSTAINED KIRK CHANDLER i-I-- - -- - -.- ---- --- - MARKHAM OLIVER �- WATFORI) r' -- --- - - I� MOTION CARR* - DENIED 2. Council er moved to adopt Re Resolution N etting fees for Utility Perm' City Admi ' ator/City Attorney (Exiffit 4); seconde ouncil Member R>D- aknerA- - -fQ93Lt 4 QAkzll� VOTE: YES NO ABSENT ABSTAINED KIRK CHANDLER MARKHAM OLIVER WATFORD _ MOTTO CA —Rl� .'-, DENIED X. NEW BUSINESS. A. Consider applying for Community Development Block Grant Funds in one of the following categories - Nancy Phillips, Grant Administrator. 1. Housing 2. Neighborhood Revitalization 3. Commercial Revitalization 4. Economic Development pcpc)��(j Aoac�- qcu a -_— • Oarsider Temporary Street Closings: �• Council Member moved to temporarily close Southwest 3`d Avenue either — -- - North and��`uth Park Streets. or South Park and 21d Streets) on Saturday, April 8, 2000 from o noon - Kenneth Frid, General Manager, Arrow DISCUSSION: Communicati ibit 5)- seconded by Council Member VOTE: YES NO ABSENT KIRK ABSTAINED - -- —�;y CHANDLER - (I&I 9L MARKHAM OLIVER �— �'— WATEQRIz �-- _ DENIED --- � WAAO- 2 Council Member 8 oved to temporarily close Northwest I Vh Street between and 9 Avenues on Saturday, Aril 15, 2000 from 10:00 a.m, to 6:00 p.m. -Pastor Vernon and nnette eason/ rlease_HaAJCoordinator of the Big Lake Church of God by Faith (Exhibi second v Council Memb DISCUSSION: ----- -- VOTE: YES NO J KIRK ABSENT ABSTAINED -#C CHANDLER -- MARKHAM -- OLIVER � pa , , WATFORD — --- -- +-- -- ---- ---- =DENIED- D. Consider recommendation from the City Code Enforcement Board, n ga i gn property in violatiolatio Of City Codes along South Parrott Avenue, MaRin Brantley, prope CEB Chairperson (Exhibit 7). -- rty owner - Marsha Mo ��-`�s��-- MtE Q 0EN � i ncu� rueh,� fId9e E. Discuss the proposed Franchise be-tweenlhe City an i --1I= — Glades Gas Company (Exhibit 8). �as�omPany - Monica Clark, --- _ _cam 9 F. • • n-d-W-0-MbOrn •--• • A i � i %, _- _ -13----- G. Discuss-Wditiarfatpersonnel in General Services/City Clerk's Offices - CouPage ncil Member Watford. -IE - /N4A-ice oxrE ` , 0 CITY OF OKEECHOBEE APRIL 4, 2000 REGULAR MEETING l`°"'�� OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: April 4, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by 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 City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea 40 IV. PRESENTATION OF PROCLAMATIONS - Mayor. A. Proclaim April 5, 2000 as "Kick Butts Day" (cigarettes). B. Proclaim the week of April 9 through 15, 2000 as "Crime Victims' Rights Week." C. Proclaim the month of April, 2000 as "Census Awareness Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 21, 2000 Regular Meeting. APRIL 4, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, proposed Ordinance No. 735 amending the Comprehensive Plan Intergovern- mental Coordination Element and the Future Land Use Element specifically regarding coordination between School Board Plans and Municipal Comprehensive Plans - City Planner/City Attorney (Exhibit 1). 0 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 735 by title only. 2. a) Motion to adopt proposed Ordinance No. 735. b) Public comment. c) Vote on motion. B. 1. a) Motion to read by title only, proposed Ordinance No. 746 regarding telecommunications - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 746 by title only. 2. a) Motion to adopt proposed Ordinance No. 746. b) Public comment. c) Vote on motion. APRIL 41,2000 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. a) Motion to read by title only, proposed Ordinance No. 747 regarding fire hydrants - City Attorney (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 747 by title only. 2. a) Motion to adopt proposed Ordinance No. 747. b) Public comment. c) Vote on motion. VIII. OPEN FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A. Discuss the Community Development Block Grant (CDBG) Program - Nancy Phillips, Grant Administrator. CLOSE PUBLIC HEARING - Mayor. IX. UNFINISHED BUSINESS • A. 1. Motion to remove from the table, Resolution No. 00-3 - Mayor. 2. Motion to adopt Revised Resolution No. 00-3 setting fees for Utility Permits - City Administrator/City Attorney (Exhibit 4). X. NEW BUSINESS. A. Consider applying for Community Development Block Grant Funds in one of the following categories - Nancy Phillips, Grant Administrator. 1. Housing 2. Neighborhood Revitalization 3. Commercial Revitalization 4. Economic Development APRIL 49 2000- CITY COUNCII. AGENDA - PAGE 4 OF 4 X. NEW BUSINESS CONTINUED. B. Consider Temporary Street Closings: 1. Motion to temporarily close Southwest 3' Avenue (either between North and South Park Streets or South Park and 2nd Streets) on Saturday, April 8, 2000 from 10:00 a.m. to 12 o'clock noon - Kenneth Frid, General Manager, Arrow Communications (Exhibit 5). 2. Motion to temporarily close Northwest 11t' Street between 8t' and 9t' Avenues on Saturday, April 15, 2000 from 10:00 a.m. to 6:00 p.m. - Pastor Vernon and Annette Reason/Arlease Hall, Coordinator of the Big Lake Church of God by Faith (Exhibit 6). C. Presentation from Sheffield Environmental Services - Tim Gates, Jr., President/Dale Milita. D. Consider a recommendation from the City Code Enforcement Board regarding property in violation of City Codes along South Parrott Avenue, Marvin Brantley, property owner - Marsha Montesi, CEB Chairperson (Exhibit 7). E. Discuss the proposed Franchise between the City and NUI City Gas Company - Monica Clark, Glades Gas Company (Exhibit 8). F. Re-evaluation City Attorney's additional salary and work completed - City Council (Exhibit 9). 0 G. Discuss additional personnel in General Services/City Clerk's Offices - Council Member Watford. XI. ADJOURN MEETING - Mayor. PLEASE TARE 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. 0 • Qkeerjobee, 11oribo �rociamation AREAS, teen smoking is on the rise and smoking among high school seniors is at a 19-year high; and WHMWAS, 4.5 million lids aged 12.17 are , .. _.. --t smokers and more than 3,000 additional kids become regular smokers each day; and VVI�BREAS, the Centers for Disease Control -predicts more than- 5 million children - under age 18 alive today will die prems b . , ply from smoking -related diseases unless ...., . L .1 trends are reversed; and VIA, smoking -related illnesses already loll roughly 400,000 Americans each year, representing more deaths than from AIDS, alcohol, car accidents, murders, suicides, drugs and Sires combined; and - WIEtEAS, most of these deaths could have been prevented; and �; the children of the City - of Okeechobee • wilt no longer -tolerate the tobacco industry's efforts manipulate them into buying lethal and additive products through insidious advertising campaigns; and WTWRE IS, the Mayor of Okeechobee wishes to stand up with the children of this City in opposition to the advertising and marketing of tobacco products to children; NOW 1HERFFORE, I, James E. Kirk, by the virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim April 5,2000 as `WC CBLrl7S DAYMin Okeechobee. -'£�n rr�eau wviste�C�i(aros e%f erraelo detm� 7 1� i' I✓ I✓ I✓ I✓ 96&. a4m.15, ,2000 03/29/2000 16:03 9414625856 fobaccu�f'rze drt��hip of 4Me��6ee C�ly Marilyn Leeds obacoo Prevention Coordlnntor P.O. Box 1879 Okeechobee. FL 34973-1870 E-Mail: tarflyn_leedsOdoh,state.fl.us t OKEECHOBEE TEEN OPT PAGE 01/02 rl I .r �r 1 �� } )j r Date: j gq — c (---) To: 1- I r5 L—Vq 1J E Fax Number: 7LP 3 j(.P '?rLp From:Marilyn Leeds, Tobacco 'Prevention Coordinator Phone Number:941-462-5781, suncom 761-5781 Fax Number:941-462-5219 Comments: 9414625 PROCLAMATION WHEREAS, teen smoking is on the rise and smoking among high school seniors is at a 19-year high; and WHEREAS, 4.5 million kids aged 12-17 are current smokers and more than 3,000 additional kids become regular smokers each day; and WHEREAS, the Center for Disease Control predicts more than 5 million children under age 18 alive today will die prematurely from smoking -related diseases unless current trends are reversed; and WHEREAS, smoking -related illnesses already kill roughly 400,000 Americans each year, representing more deaths than from, AIDS, alcohol, car accidents, murders, suicides, drugs and fires combined; and WHEREAS, most of these deaths could have been prevented; and, WHEREAS, the children of Okeechobee County will no longer tolerate the tobacco industry,s efforts to manipulate them into buying lethal and addictive products through insidious advertising campaigns; and WHEREAS, the Board of County Commissioners of Okeechobee County wishes to stand up with the children of this County in opposition to the advertising and marketing of tobacco products to children; THEREFORE, BE IT RESOLVED, that April 5. 2000 is hereby declared 'Kick Butts Day" in Okeechobee County, ADOPTED this 23rd day of March, 2000. r Clif tts, Jr., air Board of County Cissioners 5on 'k Vj Robertson, Clerk Board of County Commissioners AV Of" 4 A& Orr,. Okeer4abee, Stariba �rutittmtt#iun Whereas, as our City continues its efforts to fight crime at every level, we must newer lose 0& of the toll crime takes on victims. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at -large; and Whereas, we recognize that crime victims play an indispeasable role in t rho&g offs wlers to justice. In return, we owe crime victims fair and respectful treatment during the criminal justice process. Moreover, it is right that we help them rebuild lives; and Whereas, while our City has adopted laws to protect the rights of victims of crime and provide them certain essential services, all of us policy makers, those in the criminal justice system, counselors, clergy members, and members of the general public ^- must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as wen. Let us dare to dream that in the year 2000 and beyond, respect and dignity win be basic rights for everyone victimized by crime; and Whereas, through public and private efforts, great strides have been made to ensure compassionate treatment of crime victims and their families. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let of recogtdse those many law enforcement officers, prosecutors, victim service providers, corrections often, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims help to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also to build a better, more just community. Now Therefore, I James E. Kirk, by the virtue of the authority invested in me as Mayor of the City of Okeechobee, do hereby proclaim the week of April 9 through 15, 2000 as "CRIME VICTIMS' RIGHTS WEEK," and tinge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. I-- S. T-& M-3- Z. • • pKEC - } Q City` of Okeechobee 'I- P'"%,too - �- IiN/I ^nl I �IOw W Police Department As our City continues its efforts to fight crime at every level, we must never lose sight of the toll crime takes on victims. Those who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at -large. We recognize that crime victims play an indispensable role in bringing offenders to justice. In return, we owe crime victims fair and respectful treatment during the criminal justice process. Moreover, it is right that we help them rebuild lives. While our City has adopted laws to protect the rights of victims of crime and provide them certain essential services, all of us- policy makers, those in the criminal justice system, counselors, clergy members, and members of the general public- must do what we can to adhere not only to the letter of victims' rights laws but the spirit of those laws as well. Let us Dare to Dream that in the year 2000 and beyond, respect and dignity will be basic rights for everyone victimized by crime. Through public and private efforts, great strides have been made to ensure compassionate treatment of crime victims and their families. Let us gratefully acknowledge all those who work, often as volunteers, on behalf of crime victims. Let us recognize those many law enforcement officers, prosecutors, victim service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims help to lessen trauma and assists in personal recoveries. Let us in particular express our appreciation for those victims and survivors of crime who have turned persona; tragedy into a motivating force not only to improve the rights and treatment of other victims of crime but, also to build a better, more just community. I hereby proclaim the week of April 9-15, 2000, Crime Victims' Rights Week, and urge the citizens of this City to use the week to reaffirm our commitment to see that crime victims receive our respect, understanding, and help this week and throughout the year. 55 S.E. Third Avenue a Okeechobee, Florida, 34974-2932 * 813.763-SM 9 Fkc 0.763-W Yk O 4 & M-j" t1ror utatt'vin w nr Rr.AS, the census Bureau is mandated by the U.S. Constitution to take a count of the population every ten years and the next Census of Population and Housing will be taken on April 1, 2000 and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and the City of Okeechobee recognizes the equal importance of each resident in the 2000 Census count; and w nymi&M, there is a need for a full and fair count in 2000 because the federal government uses census numbers to allocate more than $180 billion in funds annually for community development initiatives, among them education and housing programs, health care services for the elderly and job training; and w nj&x%r,AS, Census 2000 is about civic renewal. The Census is about bringing members of our C..— .': together in renewal of civic commitment and should serve as a rallying point of our people; and W ny tr.AS, Census 2000 is about respect and recognition. The data collected will make sure that many populations identified in legislation and in public policy initiatives for recognition through federal, state and local programs are fully served in our c . , .. , .:. . '..,, and throughout the country. NOW THEREFORE, I, JAMES C. KIRK, by the virtue of the authority invested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April, 2000 as "CENSUS AWARENESS MONTH," and urge every person in the City of Okeechobee to be counted by answering the Census. Raga a A as.aa d,. a.a u &. 4.& ga.... S. T-L JRaya.. San.,.5. a., CM GAdA 'Da. • 4. MW FROM ' Fort Pierce CITYr FAX NO. . 561 4e9 4142 Mar. orW :2'35PM PI Uiff2e8 w , the Census Bureau is mandated by the U.S. Constitution to take a count of the population every ten years and the next Census of Population and Housing will be taken on April 1, 2000 and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and the City of Fort Pierce recognizes the equal importance of each resident in the 2000 Census count; and, WHEREAS, there is a need for a full and fair count in 2000 because the federal government uses census numbers to allocate more than $180 billion in funds annually for oommunity development initiatives, among them education and housing programs, health care serviCea for the elderly and job trainingf and WHEREAS, Census 2000 is about civic renewal. The census is about bringing members of our community together in a renewal of civic commitment and should serve as a rallying point of our people; and, W88RJW , Sensus 2000 is about respect and recognition. The data collected will make sure that many populations identified in legislation and in public policy initiatives for recognition through federal, state and local programs are fully served in our corns city and throughout the country. NOW, TMPZPORE, I, SDWARD G. RUNS, Mayor of the City of Fort Pierce, Florida, acting on behalf of and with the full support of the City Commission of the City of Fort Pierce, Florida, urge every person in the City of Fort Pierce to be counted by answering. the Census on April 1, 2000 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Fort Pierce, Florida, to be affixed this 20" day of March, 2000, 'PortstI brand faxtrsrnmitWmeemr�ow7Ajt0aNw+ / MAYOR COMMI83ION13R r"Ml A, �Wt5eol- '/K-1/V Ail MAR-21-2000 12:12 PM CLARKE 1 561 288 1264 Facsimile Cover Sheet US Census Bureau LCO #2926 2814 South US Hwy #1 Fort Pierce, FL 34982 Date: 0 0 Telephone: 561-460-4731 Fax: 561-461-5227 P.01 To: G14y 1 ;dun4-1 � �toD I `parr,! anct C+t,,er elej kpj +J � G- � � 1 s� Gr MaA4?ets l c�cc.� fy AW.,r1 ks Ak Organization: g:n-k-4 ,ie,, - . J Fax Number: From: Phone Number: 1561- "33-0I— ©►15g (Ge'tl pkne-) Subject: 60 G.L..AM&L-t N 99ae CONS c1.5 `.bAy-t� # Pages including cover sheet: Comments: _?I P-13AA _C-40r,5Xd ear- � r-f- C-anS & If+s i:� ou.�' r win-7ccnf�� b ny Ie.S . t.A-)n E�Ct,SC�. I ..,-�- rape- V.nu0tt LA'o c um v W b'g- - o'� � Sc, ,t&c t a-,1�z pn�a �,e_ L .COI r � rrti se ¢ a,' tv cki 4- ' 0; . C 1.ocAA ers censo #re)`� �' "A EXHIBIT 1 - ORDINANCE NO. 735 4/4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN BASED ON NEW CHANGES IN THE GROWTH MANAGEMENT LAW, CHAPTER 163, FLORIDA STATUTES, TO REVISE AND UPDATE THE EXISTING OBJECTIVES, POLICIES, DATA, AND ANALYSIS OF THE INTERGOVERNMENTAL COORDINATION ELEMENT AND THE FUTURE LAND USE ELEMENT IN ACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR A TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft and adopt Comprehensive Plans to provide thorough and consistent planning with regard to land within their corporate limits; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities draft revisions to their Comprehensive Plan regarding Intergovernmental Coordination and School Siting issues; and WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities must adopt such revisions by October 1, 1999 and December 31, 1999; and WHEREAS, all amendments to the Comprehensive Plan must be adopted in accordance with detailed procedures which must be strictly followed; 'and WHEREAS, the City of Okeechobee has held all duly required public hearings; prior to submission of these amendments to the plan to the State Department of Community Affairs in accordance with Chapter 163, Florida Statutes, and WHEREAS, the City Council desires to adopt the revision amendments consistent with its current Comprehensive Plan to guide and control the future development of the City, and to preserve, promote and protect the public's health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE: Section 1. That the Council of the City of Okeechobee, Florida hereby adopts the Intergovernmental Coordination and Future Land Use amendments to its Comprehensive Plan; which amendments consist of the pages which are attached hereto as Exhibit A and made a part hereof and which will be incorporated into the current Comprehensive Plan. A copy of the Comprehensive Plan, as amended, is on file in the Office of the City Clerk, City of Okeechobee, Florida. Section 2. That the City Clerk is hereby directed to transmit five (5) copies of the amendments to the current Comprehensive Plan to the State Land Planning Agency, along with a copy to the Central Florida Regional Planning Council, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. Page 1 of 2 Section 4. That should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5. That the effective date of this Plan Amendment shall be the date a final order of compliance is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land use dependent on this amendment may be issued or commence before it has become effective. If a final order on noncompliance is issued by the Administration Commission, this amendment may nevertheless be effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. INTRODUCED for first reading of the ordinance for transmittal, in accordance with Chapter 9J-11 F.A.C., and F.S. 163.3184(15), at public hearing this 2181 day of Seatember,, 1999. A� w I•� • Y�li'q�l f r�. c�N James E. irk, Mayor ''ATTEST: Bonni4 'S: Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this day of . 1999. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor • • ORDINANCE NO.7'35 EXHIBIT A Future Land Use Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: Through a well -planned mix of compatible land uses, the City of Okeechobee miU-shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost. Objective 1: The location of future development in the City of Okeechobee wi}}-shall continue to be guided by the availability and efficient use of public facilities and services as well as site characteristics such as soil conditions and topography. Policy 1.1: Approval of development proposals Nvil1-shall continue to be conditioned on the availability of facilities and services necessary to serve the proposed development and that the facilities meet adopted level of service standards. Policy 1.2: The City of Okeechobee Y411-shall continue to ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a -the Concurrency Management System. Policy 1.3: Where minimum levels of service for parks, roads, and solid waste disposal are met, new residential development and commercial developments receiving approval from the Florida Department of Health and Rehabilitative SeFAees-may make temporary use of private wells and septic tanks subject to the requirement that it will connect to public potable water and sanitary sewer service once such service becomes available. Policy 1.4: �eYtmbe -�O°T The land development regulations applicable in the City of Okeechobee will be amended to implement appropriate best management practices described in A Guide to Sound Land & Water Management (published by the Florida Department of Environmental Regalatien Protection)or limit development densities and intensities in areas where soil types or topography are not conducive to development. Permitted densities and intensities in environmentally sensitive areas shall be as established under Objective 2 and the Future Land Use Map. Objective 2: The City of Okeechobee v4H—shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: a) Single -Family Residential. Permitted uses are one single-family dwelling on each lot and structures accessory to the residential use, mobile home parks and public facilities. Maximum density is four units per acre for residential units on individual lots, and six units per acre for mobile home parks. Where affordable housing is provided in accordance with Housing Policy 1.6, the maximum density for single family development shall be five units per acre. b) Multi -family Residential. Permitted uses include apartments, duplexes, condominiums, single-family houses and public facilities. Maximum density shall not exceed 10 units per acre. Where affordable housing is provided in accordance with Housing Policy City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Future Land Use Element 1 1.6, the maximum density for multi -family development shall be 11 units per acre. c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ration of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. d) Industrial. Permitted uses included large-scale manufacturing or processing activities. Also permitted are public facilities. Industrial Development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85% of the site. e) Public Facility. Permitted uses include parks, schools, government buildings, fire stations and other recreational and non -recreational public properties. The maximum impervious surface for development within this category shall not exceed 85% of the site. Policy 2.2: In accordance with property rights policies adopted by the Central Florida Regional Planning Council in the Central Florida Regional Policy Plan, the City of Okeechobee recognizes and -shall continue to protect private property rights. In implementing the Comprehensive Plan, the a -City VAR shall continue to ensure that its land development regulations protect the use and value of dwprivate property from adverse impacts of incompatible land uses, activities and hazards. Planning for land use and public facilities in the e-City shall consider private property rights, and ensure citizen input into government land use decisions affecting property rights. Upon , t--The City shall continue to require that all development proposals be accompanied by evidence that an inventory of wetlands; soils posing severe limitation to construction; unique habitat; endangered species of wildlife and plants; and areas prone to periodic flooding has been conducted. The City shall further require that the extent to which any development or redevelopment is proposed to be placed in/on, to disturb, or to alter the natural functions of any of these resources be identified. Such identification shall occur at a phase in the development review process that provides the opportunity for the City to review the proposed project to ensure that direct and irreversible impacts on the identified resources are minimized. Or in the extreme, mitigated. Where development is determined to encroach upon a resource, the City shall require a specific management plan to be prepared by the developer, which results in no net loss of wetlands and which includes necessary modifications to the proposed development, specific setback and buffers, and clustering of development away from site resources, to ensure the protection, preservation or natural functions of the resource. The minimum buffer for wetlands shall be 25 feet and the average of all setbacks from the wetland resource shall be 40 feet. Areas designated as buffers shall preserve all natural vegetative cover, except where drainageways and access paths are approved to cross the buffer. Buffers may be supplemented only with native tress, shrubs and ground covers. Policy 2.3: The City-, through revision of appropriate land development regulations, shall continue to establish compatibility criteria for adjacent land uses. Objective 3: The City of Okeechobee shall continue to work toward the elimination or reduction in size or intensity of existing land uses and zoning designations which are not consistent with the Future Land Use Element. Policy 3.1: By-1992; t-The City -shall, by 2001. identify all existing land uses inconsistent with the Future Land Use Element. City of Okeechobee EAR -based Comprehensive Plan Amendments Future Land Use Element 2 i Adopted: March 19, 1991 Date: April 4, 2000 • • Policy 3.2: By- 2, 4- 'he City of Okeechobee it -O shall amend its land development regulations to prevent expansion of existing land uses which are inconsistent with the Future Land Use Element, and to ensure that if such land uses are discontinued, they can not be reestablished. Policy 3.3: The City of Okeechobee will -shall continue to coordinate with Okeechobee County in amending the City -County zoning maps to ensure that, by epte beef 1991, all property in the City is zoned in accordance with the Future Land Use Element. Objective 4: The City shall continue to ensure the availability of suitable land for public facilities to support proposed development. Policy 4. 1: Future land use desigmfien&w&shall continue to include appropriate public facilities to support proposed development. Policy 4.2: The City shall continue to amend and enforce the 1--land development regulations ill be -amended -as necessary to ensure that adequate land and/or facilities are available to meet the needs of new development, including but not limited to the following: a) drainage b) stormwater management c) parking d) open space e) road right-of-way f) sewer/water plant sites g) schools Policy 4.3: Where new facilities providing a utility service are needed to support a proposed development, such facilities shall be approved prior to or simultaneously with approval of the development. Obiective 5: At a minimum. the threshold acreage for new schools shall be as follows: aa) Elementary Schools: A minimum of four (4) acres for the first two hundred (200) students. Dlus one (1) acre for each additional one hundred (100) students. b� Middle Schools/Junior High Schools: A minimum of six (6) acres for the first three hundred (300) students. Dlus one (1) acre for each additional one hundred (100) students. c) Senior Hieh Schools: A minimum -of seven (7) acres for the first three hundred (300) students. Dlus one (1) acre for each additional fifty (50) students uD to one thousand (1.000) students. Dlus one (1) acre for each additional one hundred (100) students thereafter. 41 Area Vocational/Technical School: A minimum of twenty (20) acres for the first five hundred (500) students. Dlus one (1) acre for each additional fifty (50) students uD to one thousand (1.000) students. el Community College: A main campus site shall be a minimum of one hundred (100) acres. Each separate center site shall contain a minimum of forty (40) acres for the first five hundred (500) students. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Future Land Use Element 3 plus two (2) acres for each additional one hundred (100) students. Special-purpose center site acreage shall be appropriate to contain the functions identified in the vroeram. Policv 5.1: Upon issuance of a development order for a new school, the necessary public facilities such as, but not limited to sanitary sewer, solid waste, potable water, drainage, and roads are to be in place to serve the proposed use. Furthermore, the School Board shall obtain a written agreement from the service provider assuring adequate capacity is available. Policy 5.2: Public facilities should be in close Droximit<i and operating at the adopted level of service, before a development order can be issued for a new school. Policy 5.3: Access to the site must be from a collector road (minor Collector or local road for elementary schools) and avoid the need for slow down zones. Policy 5.4: InQress and egress should not create detrimental impacts on roads adiacent to the site and the site must provide for adequate on -site parking and circulation of user vehicles. Policy 5.5: Approaches to the site should be safe for pedestrians, bicycles, cars and buses. Policy 5.6: The City of Okeechobee shall advise the School Board of all Plan amendments that may affect the location of new schools and proposed improvements. Obiective 6: The City shall identify suitable locations for the sitine of future schools. Policy 6.1: Proposed school sites should be located away from industrial uses, maior arterial roadways, railroads, airports, and similar land uses to avoid noise, odors, dust, and traffic impacts and hazards Policy 6.2: Disrupting influences caused by school vard noises and traffic shall be buffered to ensure sufficient distances from hospitals, adult communities,, and nursing homes. Policy 6.3: New schools shall be located within urban growth areas or be compatible with compact urban growth patterns. Policy 6.4: School sites shall be located outside flood plains, flood prone areas, or. floodways. New school sites should, whenever possible, avoid wetlands, and other environmentally sensitive areas, and will not interfere with historic or, archaeological resources. Policy 6.5: The City of Okeechobee shall facilitate the adequate and efficient provision, of public schools'throueh: a) Allowing new public elementarv, middle, and high schools by right in the Single Family Residential, Multi-Familv Residential, and, Public Land Use categories, and by Special Exception in the, Commercial Future Land Use category subiect to locational criteria, in the Comprehensive Plan and development standards in the Land, Development Regulations, b) Not permitting new public schools for any site prohibited for a public, school in Chapter 235. F.S., and Rule 6A-2. F.A.C., ,c) Addressing public school facilities pursuant to the provisions of Sections 163.3161(3), 163.3164(24) and 163.3177(10)(h), Florida Statutes. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Future Land Use Element 4 • d,) Initiatine a coordination Process with the School Board in its efforts on school planninu. site selection and construction: and pursuant to Chapter 235. Florida Statutes. e) Naintainine for Public review, a listins of capacity -deficient Public schools and the School Board's Educational Plan Survev and Capital Improvement Program when such information is Provided to the City Objective &7: The City of Okeechobee m411-shall continue to protect significant natural and historic resources. Policy 3-7.1 The City -adept-shall continue to amend and enforce land development regulations consistent with DF&-the Florida Department of Environmental Protection's (FDEP) best management practices referenced in Policy 1.4, which will minimize the flow into Taylor Creek of organic nutrients, pesticides, sediment, and other substances having the potential to degrade water quality. Policy -5-7.2: The Citv shall continue to Protect Fs -environmentally sensitive areas w ill be pi ate development of a type and intensity which would disrupt their natural functions. Policy 6-7.3: The City YA -shall continue to establish development standards to be applied to any wellfield protection zones which the City may designate to protect any future public potable water wellfields from contamination, and implement them through land development regulations. These standards will, at a minimum: a) regulate the use, handling, production and storage of regulated substances; b) prohibit new underground fuel and other hazardous chemicals within these areas; c) require existing facilities to demonstrate that adequate technology is being employed on -site to isolate the facility from the water supply; and d) require that future wellfield protection zones which are relatively undeveloped will be planned for low density and intensity land uses. Policy 3--7A By 1992-t—The City of Okeechobee YA11-shall continue to identify historically significant properties and, based on available resources, implement programs and procedures to preserve and protect them. This will include, but not be limited to, cooperation and coordination with recognized historic preservation organizations and, if desired, the adoption of land development regulations to preserve and/or restore the original appearance of identified historic structures. Objective 6-8: The City of Okeechobee will -shall continue to encourage the redevelopment and renewal of blighted areas. Policy 6-8.1: By 1992, the City vAll The Citv shall continue to identify and prioritize areas in need of redevelopment or renewal. Policy 6-8.2: The Citv shall continue to formulate a program of specific activities to be conducted in renewal of blighted areas, including but not limited to the following: City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Future Land Use Element 5 r"`, a) Establish criteria for identifying structures in need of repair, rehabilitation or, if there is no feasible alternative, demolition; b) Seek all available state and federal funds to support renewal activities; c) Identify any available alternative housing units for persons displaced by renewal activities; and d) Review of zoning, building, housing, and other codes for weaknesses which allow the formation of blighted areas, and make necessary revisions. Policy 478.3: Be=ere--1994, The Citv shall continue to implement programs for redevelopment and renewal of blighted are Objective 7-9: The City of Okeechobee YA11-shall continue to ensure that proposed land use activities in the Taylor Creek area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, prepared pursuant to Chapter 380, Florida Statutes. Policy q9.1: Du fig ' 992, t The City of Okeechobee will review the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, and coordinate its activities with those of other local governments addressed in the Resource Management Plan. Objective 910: The City of Okeechobee will -shall continue to promote the various and innovative land development techniques. Policy 910.1: The City wi11-shall continue to amend and enforce its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the City, such as affordable housing; and f) promote a sense of pride and community for its residents. Policy $10.2: The City will -shall continue to amend and enforce its land development j regulations to protect the public safety along its streets and highways by limiting size and placement of signs and visual obstructions, which can restrict visibility and pose a distraction to the motorists. Policy $10.3: The City shall continue to enforce land development regulations addressing the subdivision of land. f City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Future Land Use Element 6 • LJ ORDINANCE NO.735 - EXHIBIT A Intergovernmental Coordination Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To achieve greater governmental efficiency and resolve conflicts by coordinating development activities between the City of Okeechobee and Okeechobee County, and relevant regional, state, and federal entities. Objective 1: The City of Okeechobee -shall continue to coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies through the sharing of information and, by seeking intergovernmental agreements. Policy 1.1: The City of Okeechobee vA11-shall continue to establish Bedum ensnrig-ensure coordination of activities in its Comprehensive Plan with plans of the Okeechobee County School Board, Okeechobee County, and other state or regional entities through regular exchange of information. This information shall include. but not be limited to. building Dermits. zoning cases. planned land use amendments. engineering plans, demographics. proposed annexation areas, socio-economic information, and utilitv service areas and capacity. The nrne� '» as d +•vai—.�zur� - r ...c.ZiZp Reseume Management Plan for- the bemvr- lgssimmee River- and Ta54e Geuaeil, and AQ! be inviemented by the City Getmail or its design Policy 1.2: The City of Okeechobee shall. at the least. annually provide text and future land use map updates of its Comprehensive Plan to adiacent local governments. m411 request, by lefter; Policy 1.3: The City of Okeechobee v411, on request, provide as mush shall continue to reauest information and assistance as is feasible to interested -from. local governments and Okeechobee County including the County Comprehensive Plan and anv Plan updates. eemprehensive plan ead plan updates-. Policy 1.4: The City of Okeechobee shall continue to notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues. I Policv 1.5: The Citv of Okeechobee shall maintain a database of interlocal agreements which provides a listing of active formal agreements. This data/ database shall be updated at least every five Years for the evaluation and appraisal report on the Comprehensive Plan. Policv 1.6: The Citv of Okeechobee shall. where Dractical. formalize all intergovernmental agreements within one vear of the adoption of these amendments. or by 2001. Objective 2: The City of Okeechobee -shall maintain mechanisms to address Ow inVaets a development issues proposed in its Comprehensive Plan. affecting upon develepment in unincorporated � Okeechobee Countv and other governmental iurisdictions. Policy 2.1: The City of Okeechobee vAll-shall continue to utilize the informal mediation process established by the Central Florida Regional Planning Council City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Intergovernmental Coordination Element 1 (CFRPC) to attempt to resolve land use conflicts with adjacent local governments. Policy 2.2: The City of Okeechobee shall continue to request that each of the entities analyzed in this element designate a representative to act as liaison to the City for the purpose of providing relevant information to be used in the planning and development review process. Policy 2.3: On request, the City Administrator and Planning Director, as liaisons, shall, j continue to wiPprovide and exchange information pertaining to significant proposed development to -among the appropriate local and regional agencies. Policy 2.4: For proposed development in the City which may have extra jurisdictional impacts due to its size, character or location, the City shall establish procedures for the review of comprehensive plans and come_ rehensive plan amendments which shall include: 11.7 Comprehensive Plea. 1. Identifying intergovernmental issues and conflicts., 2. Identifvine the impacts of capital Droiects listed in the Capital Improvements Element of the City of Okeechobee Comprehensive Plan upon the provision of basic services. and 3. Determining the relationship of development proposed within the Citv of Okeechobee Comprehensive Plan to the development proposed in the Comprehensive Plan or Comprehensive Plan Amendments of Okeechobee County and/or adiacent municipalities. This shall include distributing a covv of relevant proposed plan amendments to adiacent local governments. Policv 2.5: The City of Okeechobee shall, at least annually, implement the procedures established in Policy 2.4. If any issues or negative impacts are identified, the City shall implement Policy 2.1. Policy 2.6: The City shall periodically review applications to Okeechobee Countsi for zoning changes, maior development orders, or proposed Countv Future Land Use Map Amendments falling within the City of Okeechobee Planning Area, to ensure consistency with the Citv of Okeechobee's Comprehensive Plan. Objective 3: The City of Okeechobee shall continue to coordinate with FDOT and the Okeechobee Utility Authority where appropriate, any change in established level of service standards for public facilities including, at a minimum, all 10-vear updates of the Okeechobee County Comprehensive Plan, and 5-year updates to the Okeechobee County Long -Range Transportation Plan. Policy 3.1: The City of Okeechobee shall coordinate establishing and changing roadway level of service standards with FDOT and shall inform Okeechobee County and anv other appropriate governmental entities within the Okeechobee, Planning Area of proposed changes in any level of service standards. -Will Policy 3.2: The City of City of Okeechobee EAR -based Comprehensive Plan Amendments Intergovernmental Coordination Element 2 Adopted: March 19,1991 Date: April 4, 2000 • E Okeechobee shall. when notified by other governmental entities of changes in their level of service standards. review and comment on these changes., Objective 4: The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins: eendemnafien. Coordination shall take place annually and as new development is proposed in areas where the two Plans overlap. Policy 4.1: The City vAU-shall continue to coordinate with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins through the adoption of other objectives and policies contained in this element and the mutual exchange of information pertaining to development review so that the City may ensure that direct and irreversible impacts on environmental sensitive areas are minimized. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities. services and facilities of the School Board are consistent with the City's Comprehensive Plan. Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding DoDulation Droiections and the School Board (5-vear) facility plans as such data or Dlans are undated. Policy 5.2: The City of Okeechobee shall coordinate maior residential Droiect reviews (pursuant to Chapters 163 and 235. Florida Statutes) to consider ioint park/schools dedications to meet future demands. Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their ioint, efforts to study and implement innovative methods. including vark/school site dedications and contributions. as a means to address infrastructure needs associated with the City's growth. Policy 5.4: The City of Okeechobee shall provide input for the School Board in development Droiects Dotentially affecting the Dotential locations of new, schools. Policy 5.5: The City of Okeechobee shall actively work toward develoDing and imDlementing an interlocal agreement(s) with the School Board for the, coordination of locating new schools and expanding or redeveloDine existing school facilities. The School Board shall be encouraged to locate new, educational facilities near urban residential areas where public infrastructure and services exist to support the new facilities. Policy 5.6: The City of Okeechobee shall advise and meet with the School Board as. necessary. regarding all Plan amendments and Drowsed annexations that may affect school sites. Policy 5.7: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition. the City shall consider all reasonable oDDortunities to collocate new Darks. libraries. and other facilities with public schools. Policy 5.8: The City of Okeechobee. although not currently impacted shall enter into any aDproDriate agreement with the State of Florida University System or the School Board imDlementin, the reauirements of Section 240.155 (11-15). City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Intergovernmental Coordination Element 3 F.S., regarding campus master Dlans. A consistency review of the campus, master Dlans for non -state post -secondary institutions shall also be considered, where a "campus" exists or is planned.. Obiective 6: The City of Okeechobee shall establish, maintain, and improve, intergovernmental coordination for collaborative Dlannina efforts including ioint or extra -territorial services, changes to service or corporate limits, any ioint committees for review of locally unwanted land uses, and regulatory concerns to ensure consistency with the Comprehensive Plan. Policy 6.1: The Citv shall encourage annexation of land where service delivery systems are available, where the formation of enclaves may be prevented, and where the land is adiacent to and consistent with the incomorated land's Comprehensive Plan. Policy 6.2: The Citv shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the City's Comprehensive Plan. Policy 6.3: The City of Okeechobee shall coordinate with other iurisdictions, as appropriate, to establish a ioint planning Drocess and delineate the direction and extent of annexation for the planning Deriod. Policy 6.4: The City of Okeechobee shall notifv the aDpromiate enforcement agencies of any regulatory violations of which it becomes aware, and shall cooperate with those agencies in enforcing regulations. Policy 6.5: The City shall inform the County in a timely manner of proposed annexations. The Citv shall notifv iurisdictions other than the County of Dronosed annexations when the affected area is within approximately one mile of the other iurisdictions' limits. Policy 6.6: The City :hall draft a map of Dotential annexation areas, showing those areas first being considered for annexation, and the land uses envisioned to be assigned to these areas. The City shall distribute this map to the School Board. the Countv, and any other governmental entities to be impacted by these annexations. Policy 6.7: By 2002, the Citv shall review interlocal agreements with the Okeechobee Utility Authority IOUAI for central potable water and sanitary sewer facilities and services in terms of extending that agreement for another 10-year Deriod. Policy 6.8: The City shall coordinate with neighboring municipalities, if applicable, to ensure that each one has a copy of a map delineating the utility service planning area for their community for the Dlanning Deriod. Each municipality shall annually thereafter, discuss the potential need for reassessing utility service area lines, if relevant, and share any official service area map updates., Each municipality shall also provide any official utilitv service planning area, map updates to the County in order to ensure coordination for County utility and land Dlanning. Policy 6.9: The City shall coordinate with the County regarding the use of the Okeechobee Countv Landfill relative to recycling and reduction of total wastes by weight. Obiective 7: The Citv shall, upon adoption of this obiective, coordinate the, Comprehensive Plan with the School Board Five -Year Facilities Plan., Policv 7.1: Until such time as interlocal agreement is adopted by the City and the School Board, in accordance with the requirements of Chapter 163, Part II and, Chapter 235, Florida Statutes, the following procedure shall be used to ensure, City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Intergovernmental Coordination Element 4 • • intergovernmental coordination with the School Board for the location of educational facilities within the City: (a) Upon receipt of a written notice from the School Board informing the City of the acauisition or leasing of Droperty to be used for new public educational facilities. the City shall notify the School Board within sixty (60) days as to the consistency of the site with the Comprehensive Plan: and �b Subseauent to a reauest by the School Board for a Comprehensive Plan determination. the City shall determine the consistency with the Comprehensive Plan of any er000sed educational caDital improvement Droiects. Policy 7.2: Until such time as an interlocal agreement is adopted by the City and the School Board in accordance with the reauirements of Chapter 163. Part lI and Chanter 235. Florida Statutes. the following procedure shall govern the collaborative planning program and decision making concerning population Droiections and public school siting between the City and the School Board: (a) UDon receipt of the annual report specified in Chapter 235. Florida Statutes. whereby the School Board would notify the City of any additions to the School Board's Five -Year School Facilities Plan. the City shall respond to the receipt of said elan in accordance with Policy 7.1 of the Comprehensive Plan: and �b The City shall coordinate population estimates and Droiections with the School Board as part of the review of the Five -Year School Facilities Plan. Policy 7.3: In order to address the extension of public facilities to existing or new schools. subiect to concurrence all expansions or new construction of Dublic. charter and Drivate schools shall be subiect to site and development Dlan review and apDroval. Policy 7A In order to coordinate the effective Drovision and siting of educational facilities with associated infrastructure and services within the City, reeresentatives of the City and the School Board shall meet by the end of the year 2000 to develoD mechanisms for coordination of educational facilities planning. Policy 7.5: The City shall focus on the following coordinating mechanisms when discussing the interlocal agreement. reauired by Chapter 163. Part H and Chanter 235. Florida Statues. with the School Board: O Coordinate the review of the annual update of the Capital Improvements Element of the City and the annual educational facilities report and Five -Year School Facilities Plan of the School Board,• �b Coordinate the review and assessment of the associated costs and expenditures of siting and developing schools with needed Dublic infrastructure: 0 Coordinate the review of land uses that increase residential density: Ldj Use a unified data base. including DODulation forecasts (student population). land use. and facilities: and U Use recreational and vhvsical Dlant facilities in a manner which fosters the coordination of use of the facilities consistent with their City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Intergovernmental Coordination Element 5 multi -function design. Policv 7.6: The Citv of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The Citv may use alternative Drocedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, F.S., or other non-iudicial approaches. Policv 7.7: The Citv of Okeechobee shall maintain, as a particular area of attention in its planning Droaram. a systematic review of the aesthetics and Dhvsical conditions between its boundary and those between unincomorated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adioining communities. Joint planning area agreements will be implemented if aDDropriate. City of Okeechobee Adopted: March 19, 1991 EAR -based Comprehensive Plan Amendments Date: April 4, 2000 Intergovernmental Coordination Element 6 - A - - • • RESPONSE TO OBJECTIONS, ItCbMMENDATIONS AND COMMENTS REPORT FOR THE CITY OF OKEECHOBEE PROPOSED COMPREHENSIVE PLAN AMENDMENT 99-PSI I. PROPOSED AMENDMENTS WITH ORC OBJECTIONS 1. Text Amendments to the Future Land Use Element — School Siting: The City has proposed text amendments to the Future Land Use Element to comply with the requirements of Chapter 163.3177(6)(a), F.S., regarding the siting of public schools. The proposed amendment contains an internal inconsistency, in that Policy 4.3 allows schools in all Future Land Use Categories and Policy 6.5 limits schools to the Medium Density Residential and Public land use categories. ORC Objection: FLUE Policy 4.3 is inconsistent with FLUE Policy 6.5 because Policy 4.3 allows schools in all land use categories while Policy 6.5 limits schools to the Medium Density Residential and Public land use categories. Response: This has been corrected to resolve the inconsistency. See Attachment "A".. 2. EAR -based Text Amendments to the Intergovernmental Coordination Element (ICE): The City has proposed changes to the ICE to satisfy the new requirements under Chapter 163.3177(6)(h), F.S. ORC Objection: Lack of Principles and Guidelines: Objectives one (1) through six (6) do not provide specific principles, procedures and guidelines for coordinating intergovernmental issues with other jurisdictions and agencies. For instance, Policy 1.1 states that, "The City of Okeechobee shall continue to establish a review procedure ensuring coordination of activities in its Comprehensive Plan with plans of...." This language is vague and does not provide the procedures the City will employ to coordinate with other entities on intergovernmental issues. The element does not describe joint processes for collaborative planning, particularly for the extension of public facilities subject to concurrency, annexation issues, and locally unwanted land uses. Response: These objectives and policies have been revised to include guidelines and procedures which the City shall follow to address issues which require intergovernmental coordination (see Attachment A"). H. PROPOSED AMENDMENTS WITH ORC COMMENTS 2. Future Land Use Element EAR -based Text Amendments: The City submitted the entire Future Land Use Element on the Comprehensive Plan. However, this round of EAR -based Future Land Use Element amendments did not include those revisions. Also, the City did not City of Okeechobee Date: April 4, 2006 Response to ORC Page 1 Plan Amendment 99-PSI r'1 include a proposed Future Land Use Map for the planning period to 2010. Below are some of the major issues that the Future Land Use Element EAR -based amendment did not address in this round of plan amendments. C. Wellfield Protection: The EAR identifies that the City would revise the FLUE Policy 5.3 (renumbered to 7.3) to provide further guidance in the Plan for the Wellfield Protection Ordinance already adopted by the City. Additionally, the City did not include an updated Future Land Use Map at this time, so the City will need to comply with requirements for mapping the wellhead protection areas when they submit their updated FLUM. d. Historic Resources: In the EAR, the City proposed to revise FLUE Policy 5.4 (renumbered to 7.4) related to historical properties. e. Hazard Mitigation: In the EAR, the City acknowledged their participation, with the County, in the Local Mitigation Strategy planning endeavor, and committed to the adoption of objectives to be consistent with Rule 9J-5.006(3)(b)6, F.A.C., that will provide further restrictions on future uses that would be inconsistent with any hazard mitigation report recommendations. The Okeechobee Local Mitigation Strategy has now been completed, but the City does not propose any objectives or policies based on this report. ORC Comment: In the next round of EAR -based amendments, the City should submit amendments addressing these issues. Response: This will be done in the next round of EAR -based amendments. M. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The above identified amendments do not adequately address and further the State Comprehensive Plan (Chapter 187.201, F.S.), including the following goals and policies (Rule 9J- 5.001(1) F.A.C.]. (16) Land Use, Policies (b)1; and (21) Government Efficiency, Policies (b)1 & 13. Response: These amendments have been revised as directed (see Attachment "A") City of Okeechobee Date: April 4, 2000 Response to ORC Page 2 Plan Amendment 99-PSI ORDINANCE NO. 746 EXHIBIT 2 - 4/4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING SECTION 990, DEFINITION OF TERMS BY ADDING THE DEFINITION OF COMMUNICATION ANTENNAS AND COMMUNICATION TOWERS; ADDING SECTION 680 INCLUDING COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, TO THE LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, a first reading and public hearing were held by the City Council on said Ordinance on March 21, 2000 and April 4, 2000. Now THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1. Section 990, DEFINITION OF TERMS, Communication Antennas and Communication Towers, are added as follows on the effective date of this Ordinance. Camouflaged Tower: means a communications tower designed to unobtrusively blend into the existing surroundings and be disguised so as not to have the appearance of a communications tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be disguised to blend in with other facilities on the property or existing vegetation. Examples of camouflaged communication towers would be a communications tower constructed in the form and shape of a tree to be part of a forested area, or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint/or markings alone are insufficient to qualify for a determination as a camouflaged communications tower. Camouflaged towers shall not be lit. Communication Antennas: means an antenna designated to transmit and/or receive Communications as authorized by the Federal Communication Commission. Communication towers: means any structure intended exclusively to support communication antennas, excluding antenna mounts. Design examples of communication towers are described as follows: a. Self-supporting lattice; b. Guyed; C. Monopole; and d. Any other tower type structure as determined by the Building Official, or designee of the City Council. SECTION 2. Section 580, COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS, is added as follows on the effective date of this Ordinance. §580. Communication Towers and Communication Antennas. §580.1. Applicability. A. All new communication towers and communication antennas, excluding replacement antennas to pre-existing towers or to other pre-existing non -tower antenna placements in the City of Okeechobee shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as listed below in Page 1 of 8 Section 580.3, "Performance and Construction Standards" shall be calculated and applied irrespective of municipal and county jurisdiction boundaries. B. All communication towers legally existing or which have received land use or building permit approval by the City on the effective date of this Ordinance shall be considered permitted uses, and shall be allowed to continue their usage as they presently exist, including routine maintenance, such as the replacement of antennas which do not involve an increase in the number of providers or a substantial increase in tower load due to construction on an existing communication tower. However, any other construction, including but not limited to structural modifications, shall comply with the requirements of this ordinance, with the exception of separation distances. C. All government towers with public safety systems or other communications equipment shall be exempt from the requirements of this section. D. All new communication antennas which are not attached to communication towers shall comply with Section 580.4 "Communication Antennas" below. §580.2. Permitted Uses. E. Any communication antenna which is not attached to a freestanding communication tower shall be a permitted ancillary use to any commercial, industrial, office, institution, or public utility structure. B. Communication antennas located on existing buildings or other non -tower type structures shall not be subject to the performance and construction standards for freestanding towers contained below in Section 580.3 pertaining to separation distances, fencing, landscaping, co -location, or any other standard only applicable to a freestanding tower. C. New freestanding communication towers shall not be allowed unless the applicant: 6. Proposes the communication facility within the permitted City Zoning Designations listed below: a. Industrial; b. Public; and, C. Heavy Commercial (by special exception only). 1. Secures approval from the City Council, through the normal development review and public hearing process upon showing: a. Completion of application requirements: 1) City application including legal description of site; 2) letter of intent of facility; 3) description of the tower, including technical reasons for its design; 4) site plan, including any accessory/shelter buildings, drawn to scale; 5) landscape buffering and fencing around proposed communication facility; 6) general capacity of the tower; 7) proof of ownership of proposed site; 8) copies of any easements necessary; and, 9) visual study of the area showing where within a one (1) mile radius any portion of the proposed tower may be seen. b. Demonstrated need or demand for the communication facility. C. Compliance with FCC technical emission standards. Page 2 of 8 d. Compliance with the performance and construction standards listed below in Section 580.3 e. Compliance with any additional requirements as set forth by the City Council. §580.3. Performance and Construction Standards. F. Structural Design. New communication towers and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all City building codes. G. Setbacks. Communication tower setbacks shall be measured from the base of the tower, protruding building structure at the base of the tower, or the tower guy wires, whichever is closest to the property line of the parcel on which it is located. Communication towers and their accessory structures shall comply with the minimum setback requirements of the district in which they are located and the applicable street setbacks. In cases where there is a conflict between the minimum setback requirements and the street setbacks, the more restrictive shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower and accessory structures to the tower shall be located behind the main building line. All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from the development site perimeter a minimum distance of five (5) feet, or the minimum setback of the zoning district in which the communication tower is located, whichever is greater. H. Separation from off -site uses. Communication tower separation shall be measured frm the base of the tower to the closest point of off -site uses and/or designated areas as specified in subsection C.2 below. For purposes of this requirement, Global Positioning System (GPS) coordinates for the center of the tower(s) may be used. 2. Separation requirements for communication towers from residentially zoned lands or residential uses shall comply with the following minimum standards. Tower Type Monopole or camouflaged Lattice Separation Distance 300% height of tower, up to a max of 200 feet 300% height of tower or 200 feet, whichever is greater Separation distances between communication towers. 1. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City or adjoining jurisdictions. 2. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. For purposes of this requirement, GPS coordinates for the tower(s) may be used. 3. The separation distances (listed in linear feet) shall be as follows: Page 3 of 8 Separation Distances Between Tower Types (including extra jurisdiction area) Lattice Monopole Monopole Self- 75 Feet in Less Than Proposed Supporting Height or 75 Feet Tower Types or Guyed Greater in Height Camouflaged or 500 500 250 monopole 75 feet in height or greater Camouflaged or 250 250 250 monopole less than 75 feet in height Lattice 1,500 500 250 a. Waivers. (1) A waiver from the minimum separation distances set forth in subsections 580.3.0 and D above may be approved through the special exception process in accordance with the procedures set forth in Section 252 of this Code when the proposed communication tower conforms to two (2) or more of the following criteria: (a) Camouflaging techniques approved by the City are incorporated into the design of the communication tower. (b) The tower is designed for the co -location of communication antennas for at least two (2) communication service providers. (c) The tower or towers within the required separation distance are all located in an industrial zoning district as a supplemental use. (d) The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. E. Fencing. A chainlink fence or wall not less than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. F. Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. 1. A row of trees a minimum of three (3) inches at DBH (diameter at breast height) and a minimum of eight (8) feet tall and a maximum of twenty-five (25) feet apart shall be planted around the perimeter of the fence; and 2. A contiguous hedge at least thirty (30) inches high at planting capable of growing to at least thirty-six (36) inches in height within eighteen (18) months shall be planted in front of the tree line referenced above. G. Height. Page 4 of 8 • 1. The total combined freestanding height of any communication tower and antenna shall not exceed 200 feet from ground level. 2. Where installed on top of a building, no communication tower and antenna shall extend greater than forty percent (40%) over the building height. 3. An existing communication tower may be modified to a taller height not to exceed twenty (20) feet over the tower's existing height, but only to a maximum combined tower and antenna height of 200 feet, to accommodate the co -location of an additional communication antenna(s). a. The height change referred to in this subsection may only occur one (1) time per communication tower. b. The additional height referred to in this subsection shall not require an additional distance separation. The communication tower's premodification height shall be used to calculate such distance separations. H. Type of construction. Communication towers shall be monopole or lattice construction; provided, however, camouflaged construction may be approved by the planning commission at a supplemental use hearing, upon consideration of the following factors in addition to those set forth in Section 400 of the zoning ordinance: 1. Compatibility with adjacent properties; 2. Architectural consistency with adjacent properties; 3. Visual impact on adjacent properties, including visual access of adjacent properties to sunlight; and 4. Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance from the fencing and landscaping requirements of this section may be requested for such accessory structures. I. Development criteria. The parent tract, upon which the site for communication tower/antenna/equipment is located, shall comply with the minimum development criteria of the district in which it is located. J. Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. At time of construction in cases where there are residential uses within a distance 300% of the height of the tower, dual lighting shall be requested from the FAA. K. Co -location. 1. Monopole communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 2. Lattice communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. 3. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers. 4. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this section. The substation shall be located within the zoning category specified above in subsection 580.2.C. All such supports and anchors shall also observe Page 5 of 8 a minimum horizontal setback from any overhead utility lines of not less than :en (10) feet. 5. Proposed communication antennas may, and are encouraged to, co - locate onto existing communication towers, provided such co -location is accomplished in a manner consistent with this section. 6. If determined by the City prior to construction that the proposed tower is situated in a location on public property which will benefit the City's communication systems, then the tower shall be engineered and constructed to accommodate the additional communication equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in engineering and construction of the tower to meet the City's needs. 7. The City shall be considered a communication service provider for purposes of the co -location requirements of this ordinance. 8. Onsite location. A communication tower which is being rebuilt to accommodate the co -location of an additional communication antenna may be moved onsite within fifty (50) feet of its existing location, however, the tower shall meet the setback requirements above in subsection 580.3.6. After the communication tower is rebuilt to accommodate co - location, only one tower may remain on the site. 9. A relocated onsite communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 580.3.D above. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of this section. The onsite relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require special exception approval. 10. The modification or reconstruction of an existing communication tower to accommodate the co -location of two (2) or more communication antennas shall be permitted without new or additional supplemental use permit approvals, provided that the communication antennas are owned or operated by more than one (1) communication service provider and the co -location is accomplished in a manner consistent with the following requirements: a. Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another except that any type of communication tower may be reconstructed as a monopole tower. b. Onsite location. The onsite relocation of a communication tower to a location within the minimum separation distance from residentially zoned property as set forth above in subsection 580.3.E shall only be permitted when notarized written consent is obtained from the owners of all residentially zoned property located within the minimum separation distance. L. Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination with the public safety system and/or public safety entities is required to ensure noninterference. M. Documentation. Documentation to demonstrate conformance with the requirement of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate co -location of additional antennas for future users shall be included within the documentation. Page 6 of 8 N. Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banner, or streamer is prohibited. O. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eight (180) consecutive days, the tower shall be deemed to have been abandoned. Determination of the date of abandonment shall be made by the zoning official who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the. active use of the tower. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to: 1. Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or 2. Dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception, waiver and/or variance approval for the tower shall automatically expire. P. Finished color. Communication towers not requiring FAA painting/marking shall be painted a non -contrasting flat blue, gray, or black finish. The color should be selected so as to minimize the equipment's visibility. Q. Certfcation of compliance with FCC. Certification of compliance with current Federal Communication Commission (FCC) Non -ionizing electromagnetic radiation (NIER) shall be submitted prior to receiving final inspection by the building department. §580.4 Communication Antennas A. The communication antenna must locate on towers or buildings which are at least thirty-five (35) feet in height. B. The communication antenna shall not exceed twenty (20) feet above the highest point of the communication tower. C. The communication antenna complies with all applicable FCC and FAA regulations; and D. The communication antenna complies with all applicable building codes and other provisions listed above in Section 580.3 of this ordinance to the extent applicable. SECTION 3. 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 4. Effective Date. The effective date for the enactment of this Ordinance shall be immediately upon its passage. Page 7 of 8 THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 2114 day of March, 2000 during a regular session of the City of Okeechobee City Council. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the 4"' day of April, 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CIVIC, City Clerk James E. Kirk, Mayor Page 8 of 8 CITY OF OKEECHOBEE LAND PLANNING AGENCY SUMMARY OF AGENCY ACTION I. CALL TO ORDER - Chairman. Land Planning Agency, February 22, 2000, 7:15 p.m. • If. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Chairman Jerry Walker Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member William Ledferd Agency Member Christopher Mavroides Agency Member Douglas McCoy Agency Member Frank Mueller Alternate Agency Member Daniel Creech Alternate Agency Member Sandra Jones Agency Attorney John R. Cook Secretary Beatrice Castorina III. Minutes - Secretary. PAGE 1 OF 3 Chairman Walker called the February 22, 2000 Land Planning Agency Meeting to order at 7:25 p.m. Secretary Castorina called the roll: Present Absent Present Present Present Present Present Absent Present (Serving as a voting member) Present Present A. Motion to dispense with the reading and approve the Member Mueller moved to dispense with the reading and approve the Summary of Agency Action for Summary of Agency Action for the meeting of January the meeting of January 25, 2000; seconded by Member McCoy. 25, 2000. Walker Yes Jones Yes Keller Yes Ledferd Yes Mavroides Yes McCoy Yes Mueller Yes MOTION CARRIED. February 22,2000 - LAND PLANNING AGENCY - PAGE 2 OF 3 IV. NEW BUSINESS A. Consider a proposed Ordinance defining Attorney Cook informed the Agency Members that Attorney Gabriel forwarded additional proposed telecommunication towers - Attorney Cook (Exhibit 1). amendments to the Ordinance. He concurred with some of the proposed amendments, but not all of them. The following amendments were set out by Attorney Cook: Page three, Number nine, "Visual study of the area showing where within a three (3) mile radius any portion of the proposed tower may be seen." Attorney Gabiel wanted to change it to read one (1) mile radius. Page four, Number three, Separation distance (listed in linear feet). Attorney Giebel wanted to reduce this number to one third. Attorney Cook did not agree with this, but if an applicant could show criteria for a waiver then the reduction could be permitted. Page six, Number six, if a proposed site is on private property, the owner may impose reasonable terms for use of a telecommunications tower and/or tower site. Such terms may include requirements for rent etc., taking into consideration the capitalized cost of the telecommunications tower and land rental and other charges payable by the tower owner, the incremental cost of designing and constructing the tower. Attorney Gabriel suggested the City had no business regulating what a private property owner would charge or be required to divulge that information to the City. Attorney Cook agreed with that. Page eight, requirement for occupational license. Attorney Gabriel suggested it was unfair or unnecessary for this requirement. Attorney Cook stated he does not agree with that. He stated it is a business establishment in the City and intitled to an occupational license. I ) Citizen Bill Freeman addressed the Agency and stated the City already has regulations for towers in the Land Development Regulation's and felt they should leave it as it is. Member Ledferd moved to recommend to the City Council to adopt the Telecommunication Ordinance and incorporate the changes Attorney Cook read; seconded by Member Keller. IV. NEW BUSINESS A. Consider a proposed Ordinance defining telecommunication towers - Attorney Cook (Exhibit 1) V. ADJOURNMENT -Chairman. PLEASE TAKE NOTICE AND BE AehsED that if a person decides to appeal any decision made by the Land Planning Agency with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record Includes the testimony and evidence upon which the appeal is to be • based. A tape recording of this meeting Is on file in the City Clerk's Office. ATTEST: Beatrice Castorina, Secretary Jerry E. Walker, Chairman February 22, 2000 - LAND PLANNING AGENCY - PAGE 3 OF 3 Walker - Yes Jones - Yes Keller - Yes Ledferd - Yes Mavroides _ Yes McCoy - Yes. Mueller - Yes MOTION CARRIED There being no further items on the agenda, the meeting was adjourned at 7.50 p.m. T • The Okeechobee Neves P.O. Boa 639, Okeechobee, Florida 34973 (863) 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 in Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Notice in the matter of 1 VLJ1 t%_4 t%_rsI IFI1. In the 19th Judicial District of the Circuit Ctk published in said Newspaper in the issues of of Okeechobee County, Florida, Was AMant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 aftiant 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. %Tn1n,+r o f T n V"O. 011 R. Brown # GC 902*' m 17, 2004 ed Thru __nding Co., Inc. EXHIBIT 3 - ORDINANCE NO. 747 4/4 AGENDA AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA AMENDING FORMER SECTION 18-37 CODE OF ORDINANCES; PROVIDING FOR REGULATIONS FOR INSTALLATION, EXTENSION, REPAIR OR IMPROVEMENT OF WATER LINES AND SYSTEMS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE; REQUIRING THE INSTALLATION OF FIRE HYDRANTS; ESTABLISHING NATIONAL STANDARDS FOR INSTALLATION AND EXTENSION OF LINES AND PLACEMENT OF HYDRANTS; REQUIRING SITE AND PLAN APPROVAL; REQUIRING PERMITS; PROVIDING FOR INSPECTION, REVIEW AND REPAIR OF RIGHTS OF WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is furnished water service by a utility authority that requires periodic replacement, improvement or installation of water lines and related fixtures in order to provide safe and consistent water supply to the populace; and WHEREAS, developers, contractors and other private enterprise from time to time extendf water line and water service to provide for such private development; and WHEREAS, concurrent with the improvement, replacement or extension of water lines, the safety and welfare of the citizens mandate that fire protection be available to protect life and property; and WHEREAS, providers of utility services and developers/contractors who actually plan, design and install such line extensions are in a superior position to comply with such standards as may be imposed, and to install fire hydrants during such extensions; and WHEREAS, the provision for fire safety and hydrants is an inherent function of municipal government and an essential service for its citizens, and WHEREAS, the City of Okeechobee is authorized by Ch. 180, Florida Statutes to regulate the manner of utility service offered to its citizens; NOW THEREFORE the City of Okeechobee, Florida hereby adopts and enacts the following ordinance: Sec. 18-37. Extensions of water system. (1) This ordinance shall be applicable to any utility, private company, authority, developer, contractor, or other person or entity, (hereafter called "provider") that engages in the service, installation, repair, improvement or replacement of water lines and water service within the corporate boundaries of the City of Okeechobee, Florida. (2) Any provider must apply for, and obtain, a permit from the City of Okeechobee prior to engaging in these activities, according to the requirements and on the forms as provided for, by the City by resolution of the City Council, or at the direction of the department of general services, and also obtain such other approval or permit from any local, state or Federal agency as may be applicable to the project. (3) If the provider is a developer, contractor or other private entity, such provider, when entering into the development agreement with the City, must include in such agreement an understanding that such provider shall be responsible for all costs associated with the work and materials contemplated in the plans and specifications for the line extension. (4) Any provider engaging in these activities must include in the plans and specifications therefor the requirements, procedures, guidelines and mandates of the manuals of the National Fire Protection Association (NFPA) as presently promulgated or as hereafter amended, as well as any other local, State or Federal requirement that may be applicable to the project. (5) Prior to commencing construction, the provider must submit to the City for review and approval, the final set of plans, specifications or engineering drawings, which will be reviewed by the technical review board for compliance with this ordinance, with the standards of NFPA, and with any other necessary local, state or Federal permit or consent. Page 1 of 2 (6) In addition to the requirements herein, any water lines that are extended within the municipal boundaries of the City must be of sufficient size to provide for fire protection, through the installation of hydrants which size shall also be determined by considering future growth in the area of extension, or other on -site fire protection services or devises. All providers must include in plans and specifications for line extensions the placement of fire hydrants along the line and at such distances as dictated by the manuals of the NFPA depending on line size, flow, and other factors as may exist, and install such hydrants during line extension at no cost to the City of Okeechobee. (7) All providers are required, prior to completion of construction of the project, to notify the City and obtain an inspection of the right of way, installation of line and hydrant, and returning the site to its original condition by the road department or such other agent of the City. All such work and site repair of the right of way shall conform to the original plans and specifications, the recommendations of the technical review committee, local, state or Federal requirements, or such other reasonable requirements as directed by the City. THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the 21st day of March. 2000 during a regular session of the City of Okeechobee City Council. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the 0 day of ADril. 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 The Okeechobee News P.O. Boa 639, Okeechobee, Florida 34973 (863) 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 in Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Nnfrce in the matter of_ • in the 19th Judicial District of the Circuit ourt of Okeechobee County, Florida, was published in said News per in the issues of Afflant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 ftrst publication of the attached copy of advertisement; and afiiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securi g this advertisement for publication in the said newspaper. u S tolan�d1 subscribed before me this a4 * day of A.D. NotAN P11blfc. State of iArida at Larne ""��•, Karmen R. Brown Commiitton # 00 902300 e Empires Jaa. 17, 2004 '�, •.� Bonded Thru Atlantic Rnndinn rn 7— .,,,, .+ u.✓v'.,..a Jll "v YYS P.O. Boa 639, Okeechobee, Florida 34973 (863) 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 in Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Notre in the matter of Public HearIna . in the 19th Judicial District of the CYrcuit Court of Okeechobee County, Florida, was published in said Newspaper in the issues of A I - — I - — - — — Afiiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore 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 )his advertisement for publication in the said newspaper. Swdm-ro and subscribed before me this �2CIthday of ma rc h A.D. 0�_ ��.0 •�,., Karmen F �iComtaiasion # �' pires Jan Notary Public, State of Florida at Large Bonded •�''. � AElantio Bond • EXHIBIT 4 - RESOLUTION NO. 00-3 4/4 AGENDA A RESOLUTION OF THE CITY OF OKEECHOBEE FLORIDA ESTABLISHING PERMIT FEES FOR UTILITY CONSTRUCTION; ROAD CUTS; INSTALLATION OF WATER & WASTEWATER LINES; PROVIDING FOR INSPECTIONS THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, utility providers, the Okeechobee utility authority, developers, contractors and other private entities are required by City policies to obtain a permit prior to commencement of such work from the department of general services; and WHEREAS, the staff of the department of general services and the road department incur valuable time in the receipt and processing of such permits and inspections of the work; and WHEREAS, it is within the discretion and authority of the City to charge and collect certain fees from the providers for the processing and issuance of such licenses and performing of such inspections, NOW THEREFORE be it resolved by the City Council for the City of Okeechobee, Florida that a schedule of fees is hereby established for such permits and inspections as follows: SECTION I. UTILITY PERMIT FEES A. For inspection of underground utility construction, repair, line extensions, replacements or improvements, road cuts; three (3) inspections are required per project, $35.00 per inspection for a total fee of $105.00. INTRODUCED AND ADOPTED on the 0 day of April. 2000, during a regular session of the City of Okeechobee City Council. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 1 of 1 0 • CITY OF OKEECHOBEE 941)763-3372 ilk Fax 941)763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Clerk's Office 55 S.E. 3rd Avenue Okeechobee, Florida 34974 TELEPHONE: (HOME) MEETING: REGULAR 4- SPECIAL ❑ WORKSHOP ❑ ExHIBIT 5 - 4/4 AGENDA 9& 3 - q (07 - a 770 (6-7 o 5q7- 700'"Ons) DATE: __Oq-0q- 0() PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA. peEET L'C CJ i . s. Vt/ .3Yr�l .� vim/ �i��e 'RAN P G D� A� w n��m ii��cnr�.%?'NG . PLEA -SE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR. 4Ui,)jA LJ hj-1IAM11 PLf-�aaSE STATE DESIRED ACTION BY THE CITY COUNCIL. �//).51AI6 D!=" A PLEASE SUMMARIZED PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS. &mftiriira 770y5 Z-AIr Gt/ ,oO r ,a 77 � /!5(,4jE S 1AI IW a-r,( ai r#19- Ed /T rX� 5�[r3N5 e'o A<,i kjWt;dT Tt/Er4 / 'la/eO& L �iC 3,ez) . A , 4 ,ec= r= JR�nS W16ir1,C D �GF� THE vR/i. si /ESSES iSL6Fo /yJA N �� GTF�i �� it o � i n �6 .• � PRESENTATION �IS TO BE MADE, HOW CH TIME WILL BE REQUESTED? SIGNED BY: DATE: 0&,V?11 0 r -+ I MRP-28-2000 16:24 TELECOMMUN:CRTIOIEF March 27, 2000 City of Okeechobee Attention: Mrs. Lydia J. Williams 55 S.E. Vd Avenue Okeechobee, FL 34974 Dear Lydia: 41 597 2110 F.02 Arrow Ceommunicabons, Inc. (ACI), respectfully requests permission to close a portion of S.W. 3 Avenue at West South Park Street on Saturday, April 8, 2000. The purpose for this requested closing is to host the Grand Opening of ACI's office, located at 216 W South Paris Street in Okeechobee. We are currently planning our activities from 10:00 AM until noon. in order to properly prepare, we request use of the street from 8:00 AM until noon. The following will outline some of the activities we are planning: WIRK Radio remote broadcast Door Prizes WIRK's giant balloon flying overhead Refreshments Display ACI Banners ACI Is an affiliate of ITS Telecommunications Systems, Inc. and is opening an office in Okeechobee to provide local, long distance and Internet service to the residents of that area. ACI offers competitive rates and excellent customer service and our staff looks forward to serving the Okeechobee community. Should you have any questions or need additional information in order to grant our request, please contact me toll free at $88-995-7878 or Mary Ann Holt at 88"88-6242. Sincerely, ARROW COMMUNICATIONS, INC. %VZ64' Kenneth N. Frid General Manager 1602f & Long, Dbww' Aw" srxartr Arrow Commmunkodans, Inc. CDn wota Headquarters i r'Q"V"kkp "►' h"' um. 16001 S.W. Morket St • Indfwmmn, Florida 34956 "' irMm% (561) 597-70M Voice • (561) 597-7002 Fax - SM995-7878 Toll -free rip" www.acl-source.net Internet TOTAL P.02 • March 30, 2000 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 To Whom it May Concern: Arrow Communications, Inc. has approached me regarding the closing of a portion of SW 34 Avenue on Saturday, April 8, 2000. I understand they have two (2) alternatives for the location of their function: 1) The portion of SW 3`d Avenue between Highway 70 and West South Part Street, or 2) a portion of SW 3ro Avenue between West South Park Street and SW 2"d Street. As owner of a business in the vicinity of the requested closing, I hereby acknowledge to the City of Okeechobee that I have no objection to the closing of the street for the period specified, for the purpose of holding a Grand Opening for Arrow Communications, Inc. Sincerely, Name of Business 17J 0 March 30, 2000 City of Okeechobee 55 SE Td Avenue Okeechobee, FL 34974 To Whom It May Concern: Arrow Communications, Inc. has approached me regarding the closing of a portion of SW 3'd Avenue on Saturday, April 8, 2000. I understand they have two (2) alternatives for the location of their function: 1) The portion of SW 31d Avenue between Highway 70 and West South Part Street, or 2) a portion of SW 3`d Avenue between West South Park Street and SW 2"d Street. As owner of a business in the vicinity of the requested closing, I hereby acknowledge to the City of Okeechobee that I have no objection to the closing of the street for the period specified, for the purpose of holding a Grand Opening for Arrow Communications, Inc. Sincerely, Name of Business \5zze1/ ) C i .0 0 • March 30, 2000 City of Okeechobee 55 SE 3ro Avenue Okeechobee, Ft_ 34974 To Whom It May Concern. - Arrow Communications, Inc. has approached me regarding the closin Portion of SW 3"d Avenue on Saturday, April g, 2000. g of a 1 understand they have two (2) alternatives for the location of their function: 1) The portion of SW 3ro Avenue between Highway 70 and West South Street and Street, or 2) a Portion of SW 3 Avenue between West South Park Str Part SW 2' Street. As owner of a business in the vicinity of the requested cl Osing, I hereby acknowledge to the City of Okeechobee that I have no objection to the closing of the street for the period specified, for the purpose of holding a Grand Opening of Arrow Communications, inc. for Sincerely n ,eof 4t6snecc �� 0 0 March 30, 2000 City of Okeechobee 55 SE 3 d Avenue Okeechobee, FL 34974 To Whom It May Concern: Arrow Communications, April s, 2000. ications, Inc. has approached me Portion of SW 3 Avenue on Saturday,regarding the closing of a I understand they have two (2) alternatives for the location of �) The portion of SW 3 Avenue between Highway 70 ath West Sou Street, or 2}�.�,,,, I - Y and West South Partl�a 0 3Wot.�I iu Loalwba� d As owner of a business in the vicinity of the requested acknowledge to the City of Okeechobee that I have no objection the street for the period specified, for the q d closing, I hereby Arrow Communications, Inc. Purpose of holding a Grand Open ng for Sincerely, 00e w Name of B • % usrness n U • March 30, 2000 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 To Whom It May Concern: Arrow Communications, Inc. has approached me regarding the closing of a portion of SW 3`d Avenue on Saturday, April 8, 2000. I understand they have two (2) alternatives for the location of their function: 1) The portion of SW 3rd Avenue between Highway 70 and West South Part Street, or 2) a portion of SW 3`d Avenue between West South Park Street and SW 2"d Street. As owner of a business in the vicinity of the requested closing, I hereby acknowledge to the City of Okeechobee that I have no objection to the closing of the street for the period specified, for the purpose of holding a Grand Opening for Arrow Communications, Inc. Sincerely, Name of Business March 30, 2000 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 To Whom It May Concern: Arrow Communications, Inc. has approached me regarding the closing of a portion of SW 3rd Avenue on Saturday, April 8, 2000. I understand they have two (2) alternatives for the location of their function: 1) The portion of SW 3 d Avenue between Highway 70 and West South Part Street, or 2) a portion of SW 3rd Avenue between West South Park Street and SW 2"d Street. As owner of a business in the vicinity of the requested closing, I hereby acknowledge to the City of Okeechobee that 1 have no objection to the closing of the street for the period specified, for the purpose of holding a Grand Opening for Arrow Communications, Inc. Sincerely, _ Name of Business u • RESIDENTS OF 11 TH STREET OKEECHOBEE, FL PLEASE NOTE THAT WE THE UNDERSIGNED RESIDENTS OF 11TH STREET HAVE NO PROBLEM WITH BIG LAKE CHURCH OF GOD BY FAITH BLOCKING THE STREET -OFF ON APRIL 15TH,2000 FROM THE HOURS OF 10AM TO 6PM TO HOLD LOVE FEAST 2000. NAME SIGNATURE ADDRESS PHONE NUMBER 1 _ S�.ce.Q7 Z6 3 - e/4ozls Alb P46/e5- J. /Vrr' (C.7 4 0JDGVt ll,4m Al, W d /Ye4 qo-b 51Z c � _- OF N u) Il y±- 5rjz�7 TO 7 t4t52 FROM • MEMORANDUM CRAIG A SMITH AND ASSOCIATES, INC. 242 ROYAL PALM BEACH BOULEVARD ROYAL PALM BEACH, FL 33411 (561)791-9280 FAX (561) 791-9818 E-mail: casrpb@aaigsmith.com om To: City of Okeechobee FFY 2000 CDBG Economic Development Potential Project From: Nancy S. Phillips, Director - Grant Administration Services 44ZZ Grant Coordinator for City of Okeechobee Date: April 4, 2000 Subject: Information on Community Development Block Grant (CDBG) for Potential Project in City of Okeechobee CAS Project No. 86-9999-5NC-PRO It is the intention of this memorandum to provide information for any potential company who is interested in requesting that the City of Okeechobee apply for a Community Development Block Grant (CDBG) for infrastructure (road, water, and sewer) required for their project. As the City's grant consultant, I will be preparing most of the required documentation and providing any potential applicant with drafts of various documents for execution on the company's letterhead. The deadline for these funds was March 31, 2000. Funds will remain available until all funding is reserved. TIMING IS OF THE ESSENCEIII The CDBG grant program forms a partnership between the business who will be creating the jobs, the developer, if applicable who usually provides the financial support to the project, and the City who will be providing the required infrastructure. Throughout this memorandum, the term "participating party" is utilized for the business who will be the job creator. I would like to briefly explain the CDBG program and the responsibility that the participating party would have if a company decides to become a partner in the CDBG grant. 1, CDBG Economic Development category is a job creation grant. One (1) new full-time job or part-time equivalent must be created for every $35,000 in grant funds awarded • 0 to the City on behalf of this project. The City is eligible to apply for up to $600,000 in grant funds that could be utilized for infrastructure required for this project. 2. The grant period is normally for a two (2) year period or until the jobs are created and monitored by the State of Florida. 3. Any information provided to the City as part of this grant application will be affected by the Sunshine Law and becomes a part of public record. 4. As a partner in the grant, the participating party would have to commit to create at least 18 new full-time jobs and/or part-time equivalents. Of these 18 FTE, 51 % or 8 jobs would have to be occupied by individuals whose family income is in the low -to - moderate income (LMI) range for Okeechobee County based upon family size. As part of the application process, if applicable, every potential new and existing (transferred) employee for the City facility would complete a Household Income Survey Form. If more than 18 new full-time jobs are created, then 51 % of all full-time jobs created must be occupied by individuals from -the LMI range. If the participating party will commit to hiring one (1) WAGES individual, the City may receive points in the application process. The number of jobs to be created CAN be less than 18; however, it will decrease the amount of award available to the City. 5. The participating party and any developer, if applicable, would be required to sign a commitment letter that specifically explains the project, the jobs to be created, and the funds required to complete the project. At the appropriate time, I will provide a draft letter for your review and execution on your firm's letterhead. 6. The participating party and the developer, as partners to the grant, would be required to sign a legally binding Participating Party Agreement. 7. The participating party would also be required to submit a business plan for the City facility. The business plan must be prepared by the participating party and must contain the following information: 1. A description of the business from an ownership, organizational, historical, and structure perspective; 2. The market for its products and its marketing plan; 3. The competition it faces in the marketplace; 4. A management plan, including operational and financial issues; 5. Schedule for expansion or initiation of operations; and 6. Critical risks and perceived problems. 8. The participating party would be required to complete "CDBG-E-10 - A Listing of Current Employees and a Listing of Proposed New Jobs Creation Information". 2 Copies of these two forms are also attached. 9. The participating party would also have to document the amount and source of working capital that would be required for at least the first six months of operation or the source of additional amount of cash investment that would be required to provide additional working capital for the relocation or expansion of an existing organization. If the participating party has established a line of credit for the expansion, a letter from the financial institution who would be issuing the LOC would be required. If the participating party intends to utilize retained earnings for the working capital, then the most current Annual Report would be required to document the retained earnings. 10. The developer for this project would be required to provide a copy of the signed lease agreement for this project or provide a market analysis for this project. At some point in time, financials on the participating party might will be necessary. It will depend upon the type of project and use of CDBG funds that might trigger this requirement. I look forward to working with you on this project. Please do not hesitate to contact me if you have any questions or need further information about the CDBG grant process. /nsp Attachments - Form CDBG-E-10 - 2 pages P:\PHIWPS\WPDOCMTYOKEE200OWwMrwaMeememo.wpd CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) CURRENT EMPLOYEE INFORMATION NAME OF Participating Party 1 2 3 4 5* JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL ANNUAL RETAINED JOB PAY RATE JOBS TO BE JOBS TO BE PAYROLL OR RETAINED RETAINED FOR THIS JOB ANNUAL BY LMI TITLE PAY RATES PERSONS 6* TOTAL ANNUAL PAYROLLFOR JOBS HELD BY LMI PERSONS TOTALS * Columns 5-6 do not have to be completed unless job retention is being used as a method of meeting a national objective. 38 CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF Participating Party 1 JOB TITLE OF CREATED JOB TOTALS 2 HOURLY PAY RATE OR ANNUAL PAY RATES 3 4 TOTAL FTE TOTAL FTE JOBS TO JOBS TO BE BE CREATED CREATED FORLMI PERSONS 39 5 TOTAL ANNUAL PAYROLL FOR THIS JOB TITLE 6 TOTAL ANNUAL PAYROLL FOR JOBS TO BE CREATED FOR LMIPERSONS 7 PROPOSED HIRING DATE MONTHNEAR 0 -Is CITY OF OKEECHOBEE FISCAL YEAR 2000 CON MUNITY DEVELOPMENT BLOCK GRANT PROPOSED HOUSING CATEGORY APPLICATION The following is the suggested budget for the above noted FFY 2000 application that should be submitted on or before the May 31, 2000 application deadline: ACTIVITY AMOUNT 09a Housing Rehab/Demo/Replacement $495,000 008 Temporary Relocation $ 15,000 16 Administration $ 90.000 TOTAL GRANT $600,000 The FFY 1999 application for the rehab of 21 owner -occupied housing units was submitted on June 30, 1999 and had a score of 662.85 out of a possible 1000 points. The City was penalized 15 points by DCA which provided a final application score of 647.85. This grant application was not funded. Assuming the same criteria for the FFY 2000 application, I would suggest that the proposed project consists of the rehabilitation, demolition, and/or replacement of 19 owner -occupied low - to -moderate income households, of which 6 are to be owner -occupied by very low income residents. Based upon the CDBG project cost of $510,000, the average low -to -moderate income housing cost is $28,333 compared to $24,285 in FFY 1999. This decrease in housing units for FFY 2000 would allow for the new Lead Based Paint requirements that begin September 15, 2000. These requirements will increase the cost of rehab at least a minimum of $3,00045,000 per housing unit. In order to budget this increase, the number of housing units had to decrease resulting in a decrease of 30 points for this section of the application. The FFY 2000 proposed application does not leverage any of Okeechobee County's S.H.I.P. funds to compliment the CDBG grant application project. Based upon these assumptions, the score at this time for the FFY 2000 proposed CDBG application is 624.85 minus the 15 penalty points equals a proposed score of 609.85. The fundable range for the FFY 1999 applications was 709.43. 0 • The cost to prepare and submit the FFY 2000 application in the category of Housing Rehabilitation will be $7,500. If the City's application is funded, Craig A. Smith & Associates will refund back to the City the sum of $6,000 in three payments over the first year of the grant period. r1 LJ CRAIG A SMITH mok GO,,= & ASSOCIATES CONSULTING ENGINFERS • PI ANNFRS • SURVEYORS • GRANT SPFCi,Nw�l March 23, 2000 Mr. Bill L. Veach City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 RE: City of Okeechobee Industrial Park Engineering & Grants Services Letter of Understanding Dear Mr. Veach: INFORMATION TO GO WITH NEW BUSINESS ITEM C 4/4 AGENDA This letter is to formally notify you that Craig A. Smith & Associates is presently also under contract to provide professional services for Sheffield Environmental Services, Inc. Because our firm does also perform grants, legislative and other services including engineering for Sheffield, we must provide this notification, as one, to prevent any conflict of interest. We are also required to provide the same notification to Sheffield Environmental Services If neither party has a problem with Craig A. Smith & Associates performing specifically outlined duties for the parties, we will continue to work to bring this project to fruition in a manner that can be beneficial to Sheffield Environmental Services and the City of Okeechobee. If you have any questions or concerns regarding this issue, please call me Sincerely, Craig A. Smith & Associates � f ne R. Schriner, P.E. President GRS:ccv C: M. Date Milita M:\contracts\cityofokeechobee\sheffieldltr doc Mr. Tim Gates, Sheffield Environmental Services 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craiga smith.corn coos CRAIG A SMITH &ASSOCIATES CONSULTING ENGINEERS - PLANNERS - SURVEYORS - GRANT SPECIALISTS March 23, 2000 Mr. Tim Gates CEO/President Sheffield Environmental Services, Inc. 3616 Harden Blvd. Lakeland, FL 33803 RE: City of Okeechobee Industrial Park Engineering & Grants Services Letter of Understanding Dear Mr. Gates: This letter is to formally notify you that Craig A. Smith & Associates is presently also under contract to provide professional services for the City of Okeechobee, Florida. Because our firm does also perform grants, legislative and other services including engineering for the City of Okeechobee, we must provide this notification, as one, to prevent any conflict of interest and we are also required to provide the same notification to the City of Okeechobee. If neither party has a problem with Craig A. Smith & Associates performing specifically outlined duties for the parties, we will continue to work to bring this project to fruition in a manner that can be beneficial to Sheffield Environmental Services and to the City of Okeechobee. If you have any questions or concerns regarding this issue, place call me. Sincerely, Craig A. Smith & Associates GCLe.Schriner, P.E. President GRS:ccv C: M. Dale Milita -mill Veach, City of Okeechobee Aministrator 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craigasmith.com 1040S CRAIG A SMITH & ASSOCIATFS CONSUUING ENGINFFRb • III ANNFRS • SURVEYORS • GRANT SKCIA1 rr 1 March 23, 2000 Mr. Bill L. Veach City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 RE: City of Okeechobee Industrial Park Engineering & Grants Services Letter of Understanding Dear Mr. Veach: INFORMATION TO GO WITH NEW BUSINESS ITEM C 4/4 AGENDA This letter is to formally notify you that Craig A. Smith & Associates is presently also under contract to provide professional services for Sheffield Environmental Services, Inc Because our firm does also perform grants, legislative and other services including engineering for Sheffield, we must provide this notification, as one, to prevent any conflict of interest. We are also required to provide the same notification to Sheffield Environmental Services. If neither party has a problem with Craig A. Smith & Associates performing specifically outlined duties for the parties, we will continue to work to bring this project to fruition in a manner that can be beneficial to Sheffield Environmental Services and the City of Okeechobee. If you have any questions or concerns regarding this issue, please call me. Sincerely, Craig A. Smith & Associates ne R. Schriner, P.E. President GRS:ccv M:\contractstityotokeechobee\sheffielditr doc C M. Dale Milita Mr. Tim Gates, Sheffield Environmental Services 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craigasmith.com .41 0 0 C40'ro CRAIG A SMITH & ASSOCIATES CONSULTING ENGINEERS • PLANNERS • SURVEYORS • GRANT SPECIALISTS March 23, 2000 Mr. Tim Gates CEO/President Sheffield Environmental Services, Inc. 3616 Harden Blvd. Lakeland, FL 33803 RE: City of Okeechobee Industrial Park Engineering & Grants Services Letter of Understanding Dear Mr. Gates: This letter is to formally notify you that Craig A. Smith & Associates is presently also under contract to provide professional services for the City of Okeechobee, Florida. Because our firm does also perform grants, legislative and other services including engineering for the City of Okeechobee, we must provide this notification, as one, to prevent any conflict of interest and we are also required to provide the same notification to the City of Okeechobee. If neither party has a problem with Craig A. Smith & Associates performing specifically outlined duties for the parties, we will continue to work to bring this project to fruition in a manner that can be beneficial to Sheffield Environmental Services and to the City of Okeechobee. If you have any questions or concerns regarding this issue, place call me. Sincerely, Craig A. Smith & Associates GCee.Schriner, P.E. President GRS:ccv C: M. Dale Milita .mill Veach, City of Okeechobee Aministrator 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craigasmith.com 0 9 CIty of Okeechobee March 29, 2000 Dear Mayor and City Councilmen: EXHIBIT 7 - 4/4 AGENDA On March 14, 2000 the Code Enforcement Board held a meeting in which there was a lengthy discussion pertaining to the junkyard owned by Marvin Brantley. Realizing that this situation has persisted since 1990, we the members of the Code Enforcement Board took the following action: A motion was made by Mack Worley, Jr. that a recommendation be made to the City Council that they begin foreclosure on the property owned by Marvin Brantley after the 90 days are up. (The 90 days will be up as of April 1, 2000) The motion was seconded by Jamie Gamiotea and was carried unanimously. After the vote was taken there was discussion among the Code Board members. Several members expressed their concerns of putting a person out of business. However, they all felt that Mr. Brantley has been given more than enough opportunity to make the corrections and by refusing to do so has caused the City Council and the Code Enforcement Board to be viewed unfavorably by the community. In closing, we know this will be a difficult decision for the City Council, but we feel Mr. Brantley has left the Council with no other options. Sincerely, Marsha Montesi, Chairperson Code Enforcement Board 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (941) 763-3372 - Fax: (941) 763-1686 i - EXHIBIT 8 - 4/4 AGENDA CITY OF OTrwt ss" CH AGENDA ITEM REQUEST FORM P%m a W w treks aid fay tpt ov opt Glcildtahm cw cwws offift U S.E. end I► wm (31080hobo% Florh to 34974 wo: mmf5d. AaoleaE• Tguon ONE: 06 3 - %(o, 6910 a to" MEMO: REGULAR 0 aPECUL ❑ WORKiMOP O ovum" DATE: 414100 PLEASE STATE THE ITEM YOU WMH To HAV% PLACED ON THE CITY COUNCIL AGENDA. v PLEASK *TATJ WHAT DEPARTMiW(l) Ygy MAVE WORK90 W'jH THUS FAR. 6,6bKv wires (?rr��.r.4rur4 �lrif �r PLwE lTATe a m o ACTION Dx The Crnr Couw L. C(z' �-u.0' 00 5-t D om. 1-?+C Or- A V2.AW%C'J415 VJr` WM46W u,�, -T4-W W i TH 'tom 7rS PLSMN SUMMMUED PERTINENT INFORMATION CONCERNINO YOUR REQUEST AND ATTACH APPI.ICAwA ooaNMarTs..._„�11c,c, dgailt ENarcB14 dolpies 7D 77C fhp,-v'rdv6 I•RESENTATION It TO RE MADE, HOW MUCH TIME WILL 9E REQUESTED? TOTAL. P.01 • • NATURAL GAS LINE INFORMATION APRIL 04,2000 General Information: t. Natural gas is a gas uuxtu vv of methane, propane, butane that -is found in the earth, is- lighter than air, transported in -pipelines to be used as a fuel. I Therm of natural gas = 100,000 BTU's. 2_ .Piup «x. is a gas found in crude oil and natural gas, is heavier -than air, and therefore S,anspvtled in vessels or pipelines. I gallon of V,31,000 BTU's. • There is presently only I transmission line (supplier) of natural gas in the State of Florida which is the Florida Gas Transmission Line. There are 3 natural gas trancmiscionlines trying -to establish themselves in Florida, which according to the Public Service Cv"Mubblull they will only allow I o the 4vupauicb to come into the state at this tune. • NUI - (City Gas) currently buys their natural gas from Florida Gas T. or can transport gas over the Florida Gas Transmission Line. • The natural gas industry is a de -regulated -industy-which mean that if there is already a line in -the ground then any c.1.,a..y can send their gas over that -line and the company -that ovens the lines charges a transportation fee. • Presently many curupa ues are trying to gain territory rights with the PSC _ by obtaining Franchise Agreements from local municipalities. • Questions that I would like to City of Okeechobee to consider when considering a Franchise Agreement: 1. What are the benefits to the city of e? 2,rvilt lurkt.ai I -2 Mg4te^k ,tIM CW retik4k� 2. What are the benefits to, the business' of Okeechobee? %ta , u 1l krwk "- (J-k,9 &� Or%c�ucjr) 3. Will -this c,jauy become a part of our community? Specifically how many employees will they have and will they have an office here? 4. When will they run these lines and where will they run them? 5. How will it affect -the existing business that are already here? X V�. 782 SEPTEMBER 30,1999 - SPECIAL MEETING/FINAL BUDGET HEARING - PAGE 6 OF 8 N. 0 U PUBLIC HEARING FOR OF BUDGET ORDINANCES CONTINUED. D. 2. b) Public Discussion and comment on General Fund Budget continued. EXHIBIT 9 - 4/4 AGENDA VOTE KIRK - No CHANDLER - No MARKHAM-YEA OLIVER - NO WATFORD - YEA MOTION TO AMEND DENIED. Council Member Watford moved to amend Ordinance No. 734 by deleting the salary increase to the Legal Counsel budget. Motion died for lack of second. Council agreed that the increase will be based on work produced and the situation will be re-evaluated in six months. Council Member Watford moved to amend Ordinance No 734 by deleting the Spray Rigg ($4100.00) as listed in Public Facilities Improvement Fund, Capital Outlay; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - NO MARKHAM - YEA OLIVER-YEA WATFORD - YEA MOTION TO AMEND CARRIED. There being no further items to discuss or amend, Council Member Watford moved to table Ordinance No. 734; seconded by Council Member Oliver. VOTE ON MOTION TO TABLE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED To TABLE ORDINANCE No. 734. C. 2. b) Public Discussion and comments continued. Council Member Watford moved to remove from the table, the motion to adopt proposed Ordinance No. 733; seconded by Council Member Markham. W • CITY OF OKEECHOBEE MEMORANDUM. TO: Mayor and City Council DATE: April 4, 2000 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION 1. City Hall Park - The final site plans are complete and the survey is finished. Compilation of contractor specifications for concrete, electrical, and irrigation work has begun. 2. March of Dimes - The City March of Dimes team raised over $1200. As a community, Okeechobee raised over $50,000 for the March of Dimes. 3. Utility Permits N A possible fee charge, which would accompany the new utility permit will be considered at the April 4th City Council meeting. 4. Re -submit application for Housing Rehabilitation through Craig A. Smith & Associates - A CDBG Public Notice/Hearing will be held during the April4th Council meeting. 5. Reformat budget presentation - City Administrator and Mayor met March 24th to discuss this issue. 1 • 0 CITY CLERK 1. Public Works Director - The deadline to return applications for the Public Works Director position is April 10th. To date we have received seven applications. 2. New Employee - Plans are in place to begin the advertising process for the new employee position in the City Clerk/Building Department offices. This is an agenda item f for the April 4th meeting. 3. Firefighter/EMT Position - The deadline to return applications for the open Firefighter/EMT position is March 30+h. 4. There will be a Public Hearing on the April 4th Agenda regarding the final phase to adopt Ordinance No. 735. If you'll recall, the Council approved the first reading for Transmittal of this ordinance on September 21, 1999 which adopts amendments to the Comprehensive Plan based on new changes in the growth management law, specifically school sites. Per Council's instructions, a copy of the amendments were forwarded to Phoebe Raulerson, Superintendent of Schools on October 27, 1999, we have not had any response from her office. We contacted Jim LaRue's office concerning notification to the School Superintendent of Schools, Phoebe Raulerson. Jim's office has advised us that they are re -contacting her on this matter so that she will be updated prior to the meeting on April 4th. 5. Great Floridians 2000 - The City Clerk received a letter from the Department of State stating that Peter Raulerson has been approved as a Great Floridian 2000. As soon as payment for the plaque is received, the plaque will be forwarded to us from Winsor Graphics of Olympia, Washington. 2 LAND PLANNING The Land Planning Agency last met February 22, 2000 and AGENCY discussed amendments to the LDR's regarding telecommunications and cellular towers. The Board recommended the City Council approve the Ordinance for Communications Towers with some changes. BOARD OF The Board of Adjustment met on February 22nd. They considered an ADJUSTMENT application for a Special Exception to allow a church in a Residential Single Family (RSF) zoning under 5 acres. Because of several issues including the concern for adequate parking, the Board voted not to allow the Special Exception. CODE BOARD A Code Board Meeting was held March 14th at 7 p.m. in the Council MEETING Chambers. The Board recommended the following: 1. The City Council should foreclose on the Marvin Brantley property as soon as the 90 days is up. This will be on the April 4+h Council Agenda. 2. After reviewing the delinquent occupational licenses issue, the Code Board moved to have the Code Enforcement Officer contact all delinquent licensees. All have been contacted and all the licenses should be up-to-date by the next Code Board Meeting. PUBLIC WORKS 1. Palm Tree Replacement - A palm tree will be removed from the old library/future police station site and relocated downtown to replace a dead palm tree. 2. Sidewalk/Street Cut on SW 2nd Avenue - City and OUA engineers are discussing various options regarding the cut. 3 • • POLICE 1. Traf a Light - According to DOT, traffic count at 4+h Street and S. Parrott Avenue does not warrant installation of a new traffic signal at this location. However, we are looking at other justifications for traffic light installation that DOT may consider. 2. Police Cars -- The new police cars have arrived and all are on the road. All of last years cars have been sold and are awaiting pickup. 3. Police/Fire Building Renovations - City Staff reviewed and made changes to the rough sketches of the floor plans. Within the next month, a representative from Craig A. Smith & Associates will present the completed plans for the Police and Fire Buildings. FIRE An employee resigned and the City is currently advertising for the DEPARTMENT open position. OUTSTANDING ISSUES -CITY ATTORNEY 1. Updating and modernization of City Ordinances (Code Book and LDR's • Telecommunications • Departments and Offices • Planning and Development • Streets and Sidewalks • Subdivision Regulations • Water and Sewer Regulations) 2. Adelphia Cable TV Franchise Agreement Renewal. ~ A meeting between Adelphia and the City is currently being organized. 3. Sprint Telephone Franchise Agreement Renewal - A copy of Port St. Lucie's new agreement has been requested. 4. Referendum for Tax Abatement for Economic Development For November ballot. 4 OUTSTANDING ISSUES 6. Historic District Ordinance 7. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement. 8. Fire Hydrant Issue with the OUA - Will be on the agenda for the April4th meeting.* 9. Notice of intent to sue. (Pam Miller case) 10. City liable up to $30,000. (Bettye Taylor case) 11. Amend LDR's to reflect set back requirements and the tower issue - The first reading was March 21•t. The nest reading will be heard during the April 4th meeting. 1. PRM Interlocal Agreement - Consolidate policies between the City, County and Sheriff's Office to achieve lower premiums (John Spyker.) 2. Re -structure salary schedule (City Clerk, Department Heads, City Administrator) - Review of job descriptions with Department Heads is underway. 3. Updating required insurance programs, ie: safety, blood born pathogens, drug -free workplace (Chief Tomey & Safety Committee) - Paperwork regarding drug -free workplace & safety issues is currently being prepared. 4. Modernize Code Enforcement Policies and Procedures (Chief Tomey & Attorney Cook) 5. OUA Fire hydrants, road cuts and well points (Council, Administrator and Public Works Director) 6. Bids and awards for side mower for Public Works (Public Works Director) 7. Review need for additional personnel in City Clerk's Office and General Services (City Clerk and City) 5 • • OUTSTANDING ISSUES OUTSTANDING ISSUES CONTINUED Administrator) - This will be on the April 4+h agenda. 10. Final determination regarding implementation of 99-00 capital outlay in Street Improvement (Lawson, Noble, 8s Webb and Council) 11. Traffic Signal at South Parrott Avenue and 4th Street (Chief Farrenkopf and DOT) - According to DOT, traffic count does not warrant installation of a new traffic signal at this location. However, the City is looking at other justifications for traffic light installation at this location that DOT may consider. 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. Apply for CDBG Grant for continuation of Downtown Project. 2. Address traffic congestion problems due to hurricane evacuations. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property. 11