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1996-11-19 Regular Meeting267 ///rrrrr lot 0KEfCyO It0 �V T; -� LOA10t /1 A. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Call Meeting to order on November 19, 1996. Invocation offered by Reverend John Paul Ziegler; Pledge of Allegiance led by Mayor Kirk. C. Mayor and Council Attendance: Mayor James E. Kirk Council Member Noel A. Chandler Council Member Michael G. O'Connor Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Staff Attendance: City Attorney John R. Cook City Administrator John J. Drago City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea Mayor Kirk called the meeting to order on November 19,1996 at 7:00 p.m. Reverend J.P. Ziegler offered the invocation; Mayor Kirk led the Pledge of Allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present D. Motion to dispense with the reading and approve the Sum- Council Member Oliver moved to dispense with the reading and approve the Summary mary of Council Action for the Regular Meeting of October of Council Action for the regular meeting of October 15, 1996; seconded by Council 15, 1996. 1 Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. PAGE 1 OF 22 X X R X NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 2 OF 22 E. Motion to approve warrant register for September, 1996 in Council Member Watford moved to approve the warrant register for September, 1996 in the amount of $298,791.32. the amount of two hundred ninety-eight thousand, seven hundred ninety-one dollars, thirty-two cents ($298,791.32); seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. REQUEST FOR THE ADDITION, DEFERRAL OR III Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. items on today's agenda? There were none. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION 111 Mayor Kirk opened the public hearing at 7:03 p.m. for final ordinance adoption. a. Motion to read by title only, Ordinance No. 697 - Council Member O'Connor moved to read by title only, proposed Ordinance No, 697 City Attorney (Exhibit 1). concerning the rezoning of unplatted land along Highway 441 South from Commercial-2, Residential Single Family, Government Use and Holding to Residential General-2; seconded by Council Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 697 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF "UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL-2, RESIDENTIAL SINGLE FAMILY, GOVERNMENT USE AND HOLDING TO RESIDENTIAL GENERAL-2 (RG-2, MULTI -FAMILY), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." X X X X X X X X X X __4 269 F. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 3 OF 22 PUBLIC HEARING FOR ORDINANCE ADOPTION 1. b. Public Comment. Mayor Kirk asked if there were any questions or comments from public_ There were none. 1. c. Motion to adopt Ordinance No. 697 Council Member O'Connor moved to adopt proposed Ordinance No. 697; seconded by Council Member Watford. Council Member Watford stated that this item was discussed at length at the last meeting and the discussion was that that is the land where the old Merserve house is and the property owner has plans to develop it into townhouses. City Staff feels this is a good use and a good idea to mix some multi -family with commercial. 1. d. Vote on motion. Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 2. a. Motion to read by title only, Ordinance No. 698 - Council Member Watford moved to read by title only, proposed Ordinance No. 698 City Attorney (Exhibit 2). concerning closing the alley in Block 6 of Royal Oaks Addition; seconded by Council 11 Member Oliver. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. X X X X X X X X X X 270 F. PUBLIC HEARING FOR ORDINANCE ADOPTION 2. a. Motion to read by title only, Ordinance No. 698 continued. 2. b. Public Comment. 2. c. Motion to adopt proposed Ordinance No. 698. 2. d. Vote on motion. CLOSE PUBLIC HEARING NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 4 OF 22 Attorney Cook read proposed Ordinance No. 698 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." Mayor Kirk asked if there were any questions or comments from the public. There were none. Council Member O'Connor moved to adopt proposed Ordinance No. 698; seconded by Council Member Oliver. There was a brief discussion by Council and Staff concerning the area around the alley. All the property owners in the block were in agreement to the alley closing. No one present and/or who received a letter stated any objection to closing the alley. Vote on motion is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk closed the public hearing at 7:14 p.m. .., 271 G. NEW BUSINESS 2. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 5 OF 22 1. Present proclamation for Farm -City Week - Mayor III Mayor Kirk read the Farm -City Week Proclamation in it's entirety as follows: Kirk. "WHEREAS, the prosperity and well-being of this community are dependent upon understanding and cooperation between the two great elements of our society; farmers and non -farm people, and WHEREAS, the complexities of this individual endeavors and the divergence of their activities with decreasing opportunity for interaction could lead to areas of misunderstanding, and WHEREAS, this misunderstanding must be avoided, and each group must understand its interdependency one with the other if our American way of life is to endure, and WHEREAS, Farm -City Week provides an unparalleled opportunity for farm and city people to establish communication to become acquainted, 1, THEREFORE, as Mayor, James E. Kirk, of the City of Okeechobee, do hereby proclaim the period of November 22 through 29, 1996 to be Farm -City Week; and I do further call upon all citizens of this community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during Farm -City Week." Mayor Kirk presented the Proclamation to Sarah Brumley of Farm Bureau. Mrs. Brumley thanked the Council Member for giving her the opportunity to speak to them today, "Each year during our National Farm -City Week Okeechobee County Farm Bureau takes the time to present each of you a gift of fresh vegetables from the farm. Now as you plan to move into the next century you must assist the producers of these fresh vegetables, Council Members agriculture is in bad trouble especially in South Florida. Okeechobee agriculture needs your help to survive, with your assistance and planning, we can feed our Northern visitors and each of you. The time is now, not tomorrow, have a Happy Thanksgiving." Discuss appointment to the Okeechobee Utility Mayor Kirk opened the floor for discussion to appoint two members to serve on the Authority Board - City Administrator (Exhibit 3). Okeechobee Utility Authority Board. Member James Minehan and Alternate Member Frank Altobello's terms end January 17, 1997, neither member wishes to continue to serve. 272 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 6 OF 22 G. NEW BUSINESS 2. Discuss appointment to the Okeechobee Utility Administrator Drago advised that former City Council Member Danny Entry contacted his Authority Board continued. III office volunteering to serve as the alternate member. Council Member O'Connor stated since his term as City Council Member would be ending in January that he would volunteer to serve as the City's regular member to the Okeechobee Utility Authority Board. Following discussion Council Member Oliver moved to advertise the positions of the Utility Authority Board Member, that the applicants respond to Administrator Drago and the deadline would be January 7 1997• seconded by Council Member Watford. Council Member Chandler felt the new members should be decided on before January and moved to amend the motion to advertise the board member positions that they respond to Administrator Drago and that the Council make a decision at the December 17, 1996 meeting; seconded by Council Member O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION TO AMEND CARRIED. Vote on motion as amended: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED AS AMENDED. X X X X X 273 NOVEMBER 19 1996 - REGULAR G MEETIN - PAGE 7 OF 22 »<:::>:::<<�T ::....:.:: low G. NEW BUSINESS 3. Consider a pre -annexation agreement - City Attorney Cook addressed the Council concerning a pre -annexation agreement between Attorney (Exhibit 4). the City, Wal-Mart and Etta Hendry. Wal-Mart is considering purchasing property from Mrs. Hendry and developing it for a Wal-Mart Super Center. The property that Wal-Mart is interested in is in both the City and County. The two front parcels along 441 have already been sold and conveyed to Wal-Mart. They own the City property which is designated as Commercial on our zoning and future land use maps, the property to the rear (East) is owned by Mrs. Hendry in the Hendry Family Trust, which of coarse is in the County. We understand that the County has finally obtained a land use change on that property from the Department of Community Affairs to a Commercial designation. In discussing this with the Attorney from Wal-Mart, Mrs. Susan Motley, Administrator Drago and the discussions they have had with the owner, Mrs. Hendry, it was felt that since the building plans, permits, inspections and everything that goes into a project of this nature has to be reviewed, that it would make more sense to have one entity handle the whole permitting process and that would be the City. On the other hand the land owner insisted that the agreement be contingent in that if the property is not sold, conveyed to Wal-Mart, that the annexation agreement we have here is null and void. The effect of this agreement is that if the City were to accept this agreement and there is a small change that will be made, once the City enters into this, Wal-Mart will submit to our appropriate building/zoning officials, the site plans, sign plans, every thing that goes into a permit for review, the City would issue a "Notice of Intent" to issue permits, essentially an expression of intent by the City that the plans have been reviewed, they appear to comply with necessary codes that we have and that it is appropriate then to issue a building permit. At that point and time, the owner would sell the property, have the closing on the property to sell it to Wal-Mart and then at that time the City would formerly issue the permits and they would proceed with construction of a Wal-Mart Super Center. 274 NOVEMBER 19,1 996 - REGULAR MEETING - PAGE 8 OF 22 }i\J: :'. •:..: ::.n..v:u.:..........: ..v; . n:n..:. n....v..,v..: v....v...........:.................:n:1:. ........................ ::.v::..v..:::.:::w;.:'•.Y}YYY;;•.??.: }:: xy....v..........y3.•nwv ;?:•: ::•.vvvw ::.:C :.Y•}}Y:::.: n.:::::..v..v:: v....:.....:...•: •...: ••::: }:,v.::: M:: }:..}:w::::::::. .....:...:;.:::: •;.v,.?: ii?%p%}YYi:?^:.i}i.??.?.}i.v:: :w,v C:::::.::::::: w::: v: w: .. .. .:................................. :::...............: i}YYYY:iijiii:: :•:ji::lii'yy}}Yi: :4i}}}:i^:'ii}}Y:r::i':i}:i':i'fir y:.:fi::'.:i'L?::i}:i5::}i::•:•:i<::::si}'i''?::i::ti:i::::::::::i[:i: YYri4ryy}}::4YY:v:;; .. ?^}:^YY:??p:;'??+}Y?YY:4}Y::p:.qY}:?r?nii};: pYYYYii'ni:?rgvy:.. Y .::.w::::.::Y:<jYjj:?}::.`ii:Y?:?{y}iY:i+}}}; v:::::::::.:....: :•...: ....: v.:.......:........:}i:��f�C:��!i1R77i�.7iI��7�:::?<::iT iiYY}}t:Y:�:j::is5::i'y'::::::::::'::j!'L:�::•,$t: i:i�%:� ::>:,>.:2':?,: •};�i.. G. NEW BUSINESS 3. Consider a pre -annexation agreement continued. The amendment Attorney Cook recommended is paragraph number sixteen of Exhibit Four, it says the City agrees that Wal-Mart shall have vested rights in the construction of the store. Vesting of Rights is essentially a principle that a land owner has an interest in property, that if that interest is extinguished or it's called a "taking" in the law, by a governmental agency then that person has legal rights and remedies against the governmental agencies. Meaning that if the City got through the process, the City said yes the plans look good, they go ahead and close on the property. If at the next City Council meeting we say we are going to change the zoning, we decided we do not want the store there, the land owner at that point would have invested certainly time and money in this project and if the City agrees their rights "vest" in this, which is what we would be doing, then we would be liable as an entity for changing in mid stream. Attorney Cook recommended adding the point and time that the vesting occurs, which would be appropriate when the "Notice of Intent" to approve the building plans was issued by the Cltv- Attorney Cook then introduced Attorney Susan Motley in attendance on behalf of Wal- Mart Stores, Inc. Attorney Motley address the Council stating she was with the firm Ruden, McClosky, Smith, Schuster and Russell out of Ft. Lauderdale. She reiterated what Attorney Cook had stated previously and explained further why Wal-Mart wished to annex the property into the City. She also advised that having a Wal-Mart Super Center will mean probably at least three hundred thousand dollars in increased revenues each year based upon the City portion of the sales tax as well as increased value of the property itself. This is an expanded store of approximately one hundred seventy-nine thousand square feet. This will mean more jobs for the community, there will be wider isles, more merchandise and a grocery store component. Council discussed paragraph sixteen concerning vesting at length. Council Member O'Connor moved that we accept the pre -annexation agreement as it's written including item number sixteen with Attomey Cook's amendment to define the vesting of Wal-Mart's rights under this agreement would occur at the point and time the City issues a Letter of Intent that permits will be issued, seconded by Council Member Chandler. 275 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 9 OF 22 »1 . >::>;:::> .::...:..:..::.:: ::: G. NEW BUSINESS Discussion continued concerning vesting. Council Member Oliver asked Attorney Cook if he saw any downside at all for the City on this. Attorney Cook responded he did not 3. Consider a pre -annexation agreement continued. think so. He had some questions about "what ifs" and there is always pitfalls but with the land that the City has and the Hendry land that we know is suitable for commercial in the area it's in, there is no question that the Department of Community Affairs is comfortable with this. The possibilities for the downside of this for the City are very remote and the potential gain in tax base and other benefits for the City far out weighs it. Council Member O'Connor expressed his opinion that this is a win, win situation for the City it will mean more jobs taxes and everything. This is an exciting time in Okeechobee's history. Council Member Watford then asked if item number seven of Exhibit Four provided any special treatment or privileges to Wal-Mart? Attorney Cook responded that that paragraph places a duty on the City that we will expeditiously issue permits and conduct inspections and not drag our feet basically, which is something that we provide to all our citizens. He continued that he did not want any intent to come out of this agreement that the City has rubber stamped this project without looking at plans and permits. That paragraph does not give any special treatment to Wal-Mart. Council Member Watford then asked on that same item it says "prompt issuance of certificates of completion and occupancy for the store. The City recently had a situation where a business was permitted to open when they received their certificate of completion rather than their certificate of occupancy. He wanted to know if Wal-Mart would be permitted to open before they receive their certificate of occupancy? Administrator Drago advised that the reason for the certificate of completion in there was, there could be some odds and ends, in this particular instance we would not give them a certificate of completion if the parking lot was half done. There could be time in which they may have the median strips formed but not landscaped or there could be some additional landscaping work on site or painting that has to be done or minor work on the retention ponds that really does not effect the overall operations of the store, allowing them to open but still as long as the City holds back that Certificate of Occupancy with a time limit they know they have got to complete the project, if not the City can walk in on whatever day it is and say you have got to close down, that is still an enticement for them to complete the project one hundred percent. 276 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 10 OF 22 G. NEW BUSINESS 3. Consider a pre -annexation agreement continued. Council Member Watford stated he wanted to make sure everyone including the Staff understands it is only minor things not half the parking lot or those types of things. He then asked on the first page, the second "Whereasm states "will promptly initiate the process required by law to enact an ordinance" and asked if enact meant to pass or approve an ordinance? Attorney Cook answered no, it means the process of drawing up and implementing a public hearing. Council Member Watford then asked if the City had on staff the expertise to review this project properly. Administrator Drago responded the only area where there may have to be some outside expertise would be the sprinkler system. The last time the plans were reviewed by the City and County, Chief Tomey went to St. Lucie County and had some fire officials review it. As far as the rest of it is concerned, Larry Bennett has the expertise to review the building plans, inspections, and drainage. The City and Wal-Mart have a comfort level that the level of expertise is there. Wal-Mart also has to go to all the regulatory agencies such as South Florida Water Management District, Department of Environmental Protection, Health Department and the Department of Transportation for permits. The City is not asking for anything above what the regulatory agencies require. Council Member Watford asked when should the Council discuss the level of services? Normally it is discussed at the time of the annexation. Attorney Cook advised he would want the Council to discuss it tonight because under the terms of this agreement once the City issues a Letter of Intent and the property closes, the City is agreeing to annex this property. Council Member Watford questioned the legality of this. Attorney Cook and Attorney Motley explained this is a voluntary petition for annexation, the land owner will be asking to come into the City. This is the very purpose on doing this agreement tonight. Wal-Mart is spending a lot of money processing and preparing plans. This whole idea of this is for the Council to agree that if Wal-Mart comes up with plans, submits plans that are in compliance with the City's Codes that the City issues a Notice of Intent to issue a building permit, approve site plans, signage plans, that the City is then committing to allow this property based upon the voluntary petition for annexation, that the City would permit this property to come into the City. 277 G. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 11 OF 22 NEW BUSINESS Council Member O'Connor called the question. Council Member Watford called for a 3. Consider a pre -annexation agreement continued. point of order. The Call for the question is technically a motion, it requires a second and vote. Mayor Kirk called for a second to the motion to call the question. On third call for a second, Council Member Chandler seconded the motion. Vote is as follows: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION DENIED. Mayor Kirk commented he was in favor of this agreement but everybody needs to be heard and get their questions answered. He continued that as long as Wal-Mart does the things that he is hearing they are going to do and the City reaches a point where they are satisfied to give Wal-Mart a Letter of Intent, then he did not have a problem following through with what this says because the City is protected all the way up to that. They have got to meet all the regulatory agencies and zoning requirements, if the City is ready to issue he Letter then he is ready to annex it into the City so that we can benefit from the tax dollars. Council then began discussing the level of services again. Administrator Drago responded to their questions if he saw a problem with the City providing the level service that would be required for this project stating that if the building was not fully sprinklered then he felt there would be a fire protection problem, but considering the building is going to be fully sprinklered and there is going to be some large wet water retention ponds with some dry hydrants to supplement the water supply, and if the proper inspections are done on a routine basis to identify potential hazards and eliminate them then Wal-Mart does not posses an extra fire protection problem. X X X X X 278 N 9 OVEMBER 1 1996 - E R GULAR MEETING - PAGE 12 OF 22 :.::::::....... .....:.:..:::.::. ....................:.:::.:..:::.::::.:::::::::.. 't>,J< ts`' G. NEW BUSINESS Concerning the Police level of service, some of these situations, the City will not know 3. Consider a pre -annexation agreement continued. about until the store is actually up and operating to see whether the amount of accidents and traffic problems require more time in that particular area. He added that he felt if the land stayed in the County, the Sheriff's Department and Fire Rescue would not add additional personnel. There was a lengthy discussion between Council, Staff, Attorney Motley and citizen Bill Osterman who urged the Council to approve the pre -annexation agreement. Council Member Watford was not comfortable with some of the language concerning the enacting of the annexation ordinance tied with the vesting of right. Attorney Cook advised his review of this and discussions with Attorney Motley and examination of the agreement, the City is legally entitled to enter into this agreement. Council Member O'Connor commented Attorney Cook was our legal counsel and we have to go to him for guidance. Attorney Motley introduced Scott Dosher of Kimberly Horn who is the engineer on the project and Don Mosley, representative of Wal-Mart. They presented the site plan indicating the property along Highway 441 South, the store will face the North, old oak trees will be saved as much as possible on the property that actually fronts 441 to act as a buffer zone, there are two access points. A proposed traffic light for the entrance at South 21 st Street, the other entrance will be for North bound traffic on 441 South on South 22nd Street. The mast arms will be the traffic lights, brick paver and landscaping in the medians and landscaping all around the store. Two wet retention areas, one dry retention area. Discussion continued between Council, Engineer Dosher and Mr. Mosley. Council Member Watford commented he agrees with what everyone said it is obviously in the best interest for the City, if it is going to be there it can be annexed and he really did appreciate Wal-Mart's interest and desire to do that. The only part that bothered him was the ordinance portion, but since Attorney Cook said is legal then he agrees to it. 279 OVEMBER 19, 1996 - REGULAR MEETING - PAGE 13 OF 22 .; G. NEW BUSINESS Mayor Kirk stated he thought this was a win situation for the City, it is new ground for the Council and the discussion that was brought out was very important to help all the 3. Consider a pre -annexation agreement continued. people up here that has to make the decision, reach an area at least where they think they know that they have enough information to make a decision that they can live with. No matter what the Council decides some people are going to be in favor of it and some against it. It is our job to do what we think is best for the City, he definitly thought this venture is in the best interest for the City and urged the Council Members to pass the agreement. Vote on motion to approve the pre -annexation agreement: KIRK CHANDLER X O'CONNOR X OLIVER X WATFORD X MOTION CARRIED. X 4. Consider a request to amend the Okeechobee Utility Okeechobee Utility Authority Board Attorney Tom Conely addressed the Council Authority Interlocal Agreement - Mr. Tom Conely requesting two amendments to the Interlocal. The first amendment is in Section 7.3, it (Exhibit 5). states the OUA Board will adopt by May 1st of each year their tentative budget and send copies to County and City. The OUA Board is requesting the tentative budget adoption deadline be by September 1 st. He continued further that the OUA Board does not have all the necessary advertising to do for tax assesments and adopting a tentative budget in May is extremely hard to do. The next item Attorney Conely wanted the Council to consider was to delete section 4.10, all decisions of the OUA Board requires a four -fifths majority vote. He explained that there are no longer issues that are City oriented and County oriented, they are OUA oriented and the majority vote could paralyze the Board in the future. Mayor Kirk stated that that was his idea of the four -fifths majority vote and in his opinion had it not been in there the agreement would not have been passed and he was not in favor of changing the second request. Council Member Watford stated he was in agreement with Mayor Kirk. W NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 14 OF 22 G. NEW BUSINESS 4. Consider a request to amend the Okeechobee Utility Following discussion, Mayor Kirk suggested that Attorney Conely let the new board Authority Interlocal Agreement - Mr. Tom Conely members get appointed to the Board and serve for three to six months, he could ask the (Exhibit 5). OUA board again if they still wanted the four -fifths majority vote changed and if they did the Council would reconsider it at that time. 5. Motion adopt Resolution No. 96-5 - City Administrator (Exhibit 6). Council Member Watford moved to approve the first amendment to interlocal agreement creating the Okeechobee Utility Authority between Okeechobee County and the City of Okeechobee, amending section 7.3 to state September 1 st is the deadline to adopt a tentative budget; seconded by Council Member O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Council Member Oliver moved adopt proposed Resolution No. 96-5 concerning the police car leasing program, (this resolution corrects Resolution No. 96-4 as requested by SunTrust); seconded by Council Member Chandler. KIRK CHANDLER O'CONNOR OLIVER WATFORD - Abstained MOTION CARRIED. X X X X X X X X X G. NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 15 OF 22 NEW BUSINESS 6. Motion to accept the Certification of the Okeechobee Council Member O'Connor moved to accept the Certification of the Okeechobee County County Canvassing board for the 1996 Election Canvassing board for the 1996 Election Canvass Returns; seconded by Council Member Canvass Returns - City Clerk (Exhibit 7). 111 Oliver. 7. Motion to adopt Resolution No. 96-6 - City Clerk (Exhibit 8). KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Mayor Kirk called for a recess at 9:15 p.m. The meeting was reconvened at 9:25 p.m. Council Member Watford moved to adopt proposed Resolution No. 96-6 concerning the November 5, 1996 General Election Results; seconded by Council Member Oliver. Attorney Cook read proposed Resolution in its entirety as follows: "WHEREAS, the City Council of the City of Okeechobee, Florida, has received the canvassed returns of the City General Election held November 5, 1996; and WHEREAS, Lowry Markham and James E. Kirk received the highest number of votes for City Councilmen NOW THEREFORE, BE IT RESOLVED, that Lowry Markham and James E Kirk be, and they are hereby declared elected as City Councilmen and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. PASSED AND ADOPTED in regular session this 19th day of November, 1996" 282 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 16 OF 22 G. NEW BUSINESS 7. Motion to adopt Resolution No. 96-6 continued. III Vote on motion to adopt Resolution No. 96-6: KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 8. Motion to adopt Resolution No. 96-7 - City Council Member O'Connor moved to adopt proposed Resolution No. 96-7 concerning a Administrator (Exhibit 9). III Highway Landscaping Maintenance Agreement with DOT; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 96-7 as follows: "A RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 9. Motion to adopt Resolution No. 96-8 - City Council Member Oliver moved to adopt proposed Resolution No. 96-8 concerning the Administrator (Exhibit 10). III installation and maintenance of landscaping located on Highway 441 South between S.W. 7th and 8th Streets; seconded by Council Member Chandler. X X X X X X X X X X 283 G. NEW BUSINESS E 10 Motion to adopt Resolution No. 96-8 continued Motion to adopt Resolution No. 96-9 - City Administrator (Exhibit 11). NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 17 OF 22 Attorney Cook read proposed Resolution No. 96-8 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (U.S. 441) BETWEEN S.W. 7TH AND S.W. 9TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE." KIRK X CHANDLER X O'CONNOR X OLIVER X WATFORD X MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 96-9 concerning the installation and maintenance of landscaping located on a portion of Highway 441 South between S.W. 10th and S.W. 12th Streets; seconded by Council Member Oliver. Attorney Cook read proposed Resolution No. 96-9 by title only as follow: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (us 441) BETWEEN S.W. 10TH AND S.W. 12TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE." KIRK CHANDLER X O'CONNOR X OLIVER X WATFORD X MOTION CARRIED. X • NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 18 OF 22 G. NEW BUSINESS 11. Motion to approve a final pay request to K & K Council Member Watford moved to approve a final pay request (number four) to K & K Construction in the amount of $7,862.69 - Director of Construction in the amount of seven thousand, eight hundred sixty-two dollars, sixty-nine Public Works (Exhibit 12). cents ($7,862.69) for sidewalk improvements as recommended by Engineer Kafir of Lawson, Noble and Associates; seconded by Council Member O'Connor. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 12. Motion to approve an engineering contract for the Council Member O'Connor moved to approve an engineering contract for the street street paving program to Lawson, Noble and paving program to Lawson, Noble and Associates in the amount of thirty-nine thousand, Associates in the amount of $39,860.00 - Director of eight hundred sixty dollars ($39,860.00) for engineering, design surveying, construction Public Works (Exhibit 13). 11 engineering and observation for street paving; seconded by Council Member Chandler The projects included in the proposal as follows: NW 5th Avenue (between NW 9th & 12th St) NE 13th Street (441 E to 20ft past last drive) NE 11th Street (441 E to 20ft past last drive) NE 2nd Avenue (NE 5th St N to dead end) NE 5th Avenue (between NE 3rd & 4th St) NE 4th Street (NE 6th Ave E to dead end) NE 3rd Avenue (NE 7th St N to dead end) Misc. Resurfacing of Roadways KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. NW 12th Street (between NW 5th & 7th Ave) NE 12th Street (441 E to 20ft past last drive) NE 10th Street (441 E to 20ft past last drive) NE 5th Street (NE 5th Ave E to 20ft past last drive) NE 6th Street (NE 6th Ave E to Deadend) NE 3rd Street (NE 7th Avenue E to dead end) SE 6th Avenue (at SE 7th St & 6th Ave) X X X X X X X X X X 285 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 19 OF 22 G. NEW BUSINESS 13. Consider a street closing request for 3rd and 4th Council Member Watford moved to approve a request by Heart of Hospice, Inc. for an Avenues between North and South Park Streets for Arts and Crafts Fair to be held in Flagler Park, to temporarily close S.W. 3rd and 4th November 29th and 30th between 9:00 a.m. and Avenue between North and South Park Streets for November 29th and 30th between 4:00 p.m. - City Administrator (Exhibit 14). 9:00 a.m. and 4:00 p.m.; seconded by Council Member Oliver. Proof of insurance and application is on file in the Finance Department for this event. KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 14. Discuss the LDR's - City Attorney (Exhibit 15). Attorney Cook advised that there are still various areas of the proposed Land Development Regulations that need to be addressed and amended prior to them being adopted along with new laws that went into effect October 1st. Attorney Cook recommended the Council re -adopt the "orange book" which is Chapter 19 of the City Code Book addressing building codes and zoning issues temporarily until all the issues can be resolved in the land development regulations. This should not be later than March of 1997. Council Member Watford moved to read by title only, proposed Ordinance No. 69S concerning the re-enactment of Chapter 19 of the Code of Ordinances, and set December 17, 1996 as a final public hearing date; seconded by Council Member Oliver. X X X X X • • NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 20 OF 22 G. NEW BUSINESS KIRK 14. Discuss the LDR's continued. CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. Attorney Cook read proposed Ordinance No. 699 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE ENACTED PURSUANT TO THE PROVISIONS OF CHAPTER 166.041(3)(B), FLORIDA STATUTES, WHICH ORDINANCE RE-ENACTS THE PROVISIONS OF CHAPTER 19, CODE OF ORDINANCES; WHICH ADOPTS A ZONING CODE; WHICH SETS FORTH PROCEDURES FOR REZONING OF PROPERTY/ WHICH ESTABLISHES A BOARD OF ADJUSTMENT AND APPEALS; WHICH ESTABLISHES A BOARD FOR ZONING, PLANNING AND DEVELOPMENT; WHICH PROVIDES FOR A DATE OF TERMINATION; WHICH PROVIDES FOR SEVERABILITY; AND WHICH PROVIDES AN EFFECTIVE DATE." Council Member Watford moved to approve the first reading of proposed Ordinance No. 699; seconded by Council Member Oliver KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION CARRIED. 15. Discuss memoranda from the Fire Chief - Council Council Member Watford stated he wanted to discuss the purchase of the new fire truck Member Watford. in connection with the recent memorandums received by Fire Chief Tomey outlining the I , Fire Departments equipment and personnel needs for the next three years. His concern was he was under the impression that the new fire truck would be the only capital equipment for the fire department for the next few years. 287 NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 21 OF 22 G. NEW BUSINESS 15. Discuss memoranda from the Fire Chief continued. Council Member Watford also stated he had talked with Chief Tomey about his concerns and he knew this item was going to be on the agenda. He asked if the Council thought it would be a good idea to get some type of plan together for the fire department's equipment so that the Council would know exactly what is really needed for that department. Following a lengthy discussion Council agreed for Administrator Drago is to find out what type of study the County is currently doing concemina the fire departments, Citv and County. If it is comprehensive enough to provide the City with a needs assessment then perhaps the County would share this information If it is not the Council YAII then decide if Re uest For Pro osals should be sent out for a needs assessment on the fire department. Council also discussed and decided not to check to see if the purchase order for the new fire truck could be stopped. 16. Discuss Finance Director's position - City Council received a letter of resignation from Finance Director Bob Delorme effective Administrator (Exhibit 16). December 12, 1996. Mayor Kirk wished Mr. Delorme the best in his new endeavor and hoped the future was very bright for him, and the best of luck. He knew that with the City losing public utilities that changed a lot for that position and as small as the operations are for that department with his skills and knowledge he did not feel the City challenged Mr. Delorme enough. Council Member Watford expressed his thanks to Mr. Delorme for his professionalism and working with the City and also wished him well. Administrator Drago advised the Council he needed direction on what to do for advertising this position. Council discussed at length downsizing the position to an accountant, bookkeeper or finance clerk. Council agreed to the downsizing of the position. Administrator Drago is to come uD with a iob description title salary and advertise it. Adjoumment - Mayor Kirk. 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. A tape recording of this eeting is on file in the City Clerk's Office. Z/ James E. Kirk Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk NOVEMBER 19, 1996 - REGULAR MEETING - PAGE 22 OF 22 There being no further items on the agenda, Mayor Kirk adjourned the meeting at 11:00 p.m. CITY OF OKEECHOBEE 11/19/96 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES A. Call meeting to order: ��JL %0�,L4'a�o��'%-G;A B. Invocation: Pledge: C. Mayor & Council attendance: PRESENT ABSENT Mayor Kirk Councilman Chandler 1/ Councilman O'Connor — Councilman Oliver -- Councilman Watford Attorney Cook Administrator Drago— Clerk Thomas Deputy Clerk Gamiotea D. Council Member f�fD moved to dispense with the reading and approve the Summary of Council Action for the Regular Meeting of October 15, 1996; seconded by Council Member �C. . VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: RIE DENIED Co VOTE: DISCUSSION: Council Member V-_w moved to approve warrant register for September, 1996 in the amount of two hundred ftza jaWninety-eight thousand, seven hundred ninety-one dollars, thirty-two cents; seconded by Council Member t7 c i2� 1 32 YES NO ABSENT KIRK t� CHANDLER O' CONNOR C,_ OLIVER v� WATFORD cs_ MOTION: RI /DENIED DISCUSSION: REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODAY'S AGENDA. ,N01 F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AT: " - D 3 1. a. Council Member 06 moved to read by title only, proposed Ordinance No. 697 concerning the rezoning of unplatted land along Highway 441 South from Commercial-2, Residential Single Family, Government Use and Holding to Residential General-2, seconded by Council Member W . - City Attorney (Exhibit 1). VOTE: YES NO ABSENT KIRK .� CHANDLER ✓ O'CONNOR OLIVER v WAT FORD MOTION: RL _. DENIED DISCUSSION: ti'ox�, Attorney Cook read proposed Ordinance No. 697 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF "UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL-2, RESIDENTIAL SINGLE FAMILY, GOVERNMENT USE AND HOLDING TO RESIDENTIAL GENERAL-2 (RG-2, MULTI -FAMILY), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 1. b. Public Comment.,:L j- E �.� Uot /D'? c k-Zd'1,- la CAL ! Cje --a PCX.()2_ 7- 1. c. Council Member r nl) moved to adopt proposed Ordinance No. 697; seconded by Council Member t)to O 1. d. Vote on motion. YES NO ABSENT KIRK CHANDLER O'CONNOR �- OLIVER WATFORD [� MOTION: RIEI��ENIED 2 2a 2. a. Council Member �)w moved to read by title only, proposed Ordinance No. 698 concerning closing the alley in Block 6 of Royal Oaks Addition; seconded by Council Member C-),n. - City Attorney (Exhibit 2). VOTE: YES NO ABSENT KIRK v CHANDLER �— O'CONNOR OLIVER c .— WATFORD (j MOTION: ARRI DENIED Attorney Cook read proposed Ordinance No. 698 by title only as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1, PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE." 2. b. Public Comment. lx.�)f - do QI�'n 4� LQ f��►uQ( 01- 41af? GOtA-L .4 6 CA- mL Uh -d 4j- ca &Kt 0/ Vk-C . &I 3 2. c. Council Member tN xQ� moved to ado t proposed Ordinance N"0. 698 seconded bgo p P p y io 3A-- Council Member ESC�) . 2. d. Vote on motion. YES NO ABSENT KIRK ✓ CHANDLER O'CONNOR ,�- OLIVER All, WATFORD v MOTION: ARRT /DENIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT: 3 6-1 c Ld L.�jao VakLL--� r� j L Eck cl&w,,. 4- Lc��dca-V U4UAJ- tLk— U�X J �,"Wp 46 ck-v�f� CA k-c C-Al) Cc� �1 cl (�hsj-A Ltlll�l Ct oac" Jb U� , G. NEW BUSINESS II R 1. Present proclamation for Farm -City Week - Mayor Kirk. Mayor Kirk read the proclamation in it's entirety as follows: nt upon �WHEREAS, the prosperity and well-being thetwo his ounity are elements of ouresoc society; understanding and cooperation betweengreat farmers and non -farm people, and WHEREAS, the complexities of their individual endeavors and the divergence of their activities with decreasing opportunity for interaction could lead to areas of misunderstanding, and WHEREAS, this misunderstanding must be avoided, and each group must understand its interdependency one with the other if our American way of life is to endure, and WHEREAS, Farm -City Week provides an unparalleled opportunity for farm and city people to establish communication to b acquainted, I, THEREFORE, as Mayor, James E. Kirk, of the City of Okeechobee, do hereby proclaim the period of November 22 through November 28, 1996 to be Farm -City Week; and I do further call upon all citizens of this community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during Farm -City Week. k, Up PC MCh /a,�L au,L Ll LL ut Ltx (tat LX G�cw 0 PI 2. Discuss appointment to the Okeechobee Utility Authority Board - City Administrator (Exhibit 3). (Members James Minehand and Frank Altobelleo, alternate, terms end January 17, 1997). 77 to *4_0n_LA PIC"-, far- Wzml '_fw %,\(.L \+� kx-*"-L- �-o (*a qS rcy� 1t)A11+ kv 6e- "-"r Vtc UXA 4-cry r,- re-Wiox bnoid Ns-beer-Emr c, L( yr C" L r,04 q yt -V f_f ft"> 1 k>o ',tA— o-"iS OL Z. 4 r V\L d -clip 0z qkio bcL up hm hLiptd.0 a-Mit G.' Lk q4r 4 I PGx4 •2: qikAky- 17 � Vam 4AL, 4AUUD how + Gjr�6&� -6 4how V\cw \A L%2tv t _!s T'Gt bu-n 4-o (wo c.4 oV we. C_Q_'A_ L-'t3 LAP � q-L— Q-0-U., CLL ck') e,4 ak4i zu'), ucLuh:6ux A-6 60- +L u Cuu, nd cutLAjtc L'0�' QL'� Dclvtx kst Lk it Ut$'-Lc� r'c OWL carts to wk.C"_Q_L "ktkL. PELPLL We 0CLLLRkT, pcLr4-Lb.AW LUA-�v 4bis &Urd J-% V(L, w tit 4*(j �UxtLO-Lo- LL4 afLt -4 dc� �Pm W &RQ T_'�. CWAV'i Cutup. Lx LLk 1k CV- bL%.CL 0- JCk, E)P 4b'," Lj, CVL ct CLLr t, LICOL" WO-V-Al to �t jQ_ uuqka uj'Y3 vv\'UAj 61 4,tkCJ cCieJ CP,06r+ jc +c' xvtu- A� rfwQl Cfpaeo ftppv wa, tboyQw�� f"V� 104-tc-ne 0",C) — quo . k C', mo,ft- cyz . �XO LIV- LIT �Idl Lb tv L�*� Vr)Tl=b YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION:49M�. DENIED R'S Aft-D" 6 clkj 111q.t1_ �7)uj_ 4 j \_11 PAU Cl) ip 40 �_ - tzbt � � ALL "�-- 4kLL lll� u— PcLcv roc dC tv ok4i Cup bo aAO- -to ajot cm- C o f � O_i! 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Z' wuu) Lt 0-0-- u3u* ck+- -T,(t3 -Lw-c�- j umt&ff , '4 �h� W UR& &PU, akuADIL&I-) dtakw-L OL�)Xj ag OX, at a Zt� C� to -oLn c) 6,AZ ut P-L-M 0- PtOit t C c r u� of �k4 CtcL. nc &uo co 0- uultR" pt amu&hi-k WUJ bt 4c Co-ki 6� WU OAI" - J, LCb.� tp�& �113 L C�n GACt +L pawcot, Cry ' L i i Inc j��f G� C �< (� � G l2(C Zc J pit t i cra, t4-J ck 4-c nqT: WVmca-- (b Mtyttp�' 0 L4- (Y) PaRi3l PULP" �� L"WPt- LLkk, LQRJ < -koo L)D �� Oj +C) ate' W-a+c U)L eou kuwu-q P-� teaj- O?a-v- 6L T1 /B Motley Cont> notice of intent to issue a building a permit & approve our site plans & signage plans that you are then committing to allowing this property based upon our voluntary petition for annexation,;hat you would permit this property to come into the City. That's how it's all set up it's to avoid a situation where we don't know what you're going to do and we spend hundreds of thousands of dollars, submitting plans & processing plans & whatever we need to have some assurances that if we comply with your code & whatever over the next few weeks that you will in fact agree to allow us in the city & one of the things the city will be doing is determining if you have the water & sewer capacity & all of those things as well. And based on our preliminary discussion we have been told that you do but it's basically to agree up front that if we come to you with the plans & whatever that comply with your code that you will permit us to come into the City. KIRK> is this something that has been done before in other places, a pre -annexation agmt? COOK> Actually Ms. Motley has more experience. MOTLEY> Yes I can tell you of several of these I've been involved with & annexation agmts were done even 10, 15, 20 years ago so it is no an uncommon thing to have happen. With the idea being that both sides need some assurances of what they are getting. O'CONNOR> I iceff the question: KIRK> The question has been called. WATFORD> Point of order. Call for the question is technically a motion, it requires a second & vote. KIRK> the question has been called do I have a second? For the 2nd time the question has been called do I have a 2nd? 3rd & final time. CHANDLER> 12nd it. KIRK> It has been 2nd. Now I'm going to need help, we don't do discussion again? COOK> Basically if this motion passes then your prohibiting further comment in calling for the immediate vote on the motion. OLIVER> Can I get a clarification on that again? COOK> Calling the question means an immediate vote on the motion.... WATFORD> Can we discuss the motion to call the question? KIRK> That was my question. COOK> We never have asked for a second, don't know. You'll have to pull out the Roberts Rules of Order on that one. WATFORD> Where are our FFA members? KIRK> That's true they could tell us. COOK> The bottom line question is does the Council desire more discussion on the motion? KIRK> In my opinion we're going to need to discuss it some more. Called for vote to call the question: you legally say your going to adopt an ordinance? You can say you are going to propose the ordinance you can say your going to, but how can you legally say your going to adopt an ordinance? COOK> This pre -annexation is a contractual obligation of the city. And.... WATFORD> But my problem is we're going about it backwards then, if we're going to say we're going to adopt an ordinance we ought to have a public hearing & adopt the ordinance. My problem is & I have no problem with this but what you have to look at is has the public had a right or had the proper notice to comment on this? This wasn't advertised, it was on the agenda, but it's not like an ord where it's advertised & I know that nobody reads them & I understand that, but still the public & they'll have a right to come when we have the ord. but we financially would not be able to say no we're not going to or vote if that's the way the public wanted it. I don't dream in a million years that would happen because I think everybody that's talked to me & everybody that know of is in favor of this project or the vast majority are, but how can you say your going to pass an ord? KIRK> I assume w/ a pre -annexation agm't, it's just a matter of whether we want to enter into it or not. MOTLEY> That's precisely the situation & what you have to remember here is we're talking about statutorily a voluntary annexation into the city where the property owner petitions the city to come into it & it's a public hearing in the sense that every ord you pass is done at a public hearing but it's not a public hearing in the sense of anything other than a determination that this property should be in the city. And what you're doing tonight is saying that yes we will allow you to come into the city if we have issued our notice of intent & you have closed on the property we will then annex the property into the city that's essentially to what you are agreeing to tonight. And everything else is handled just like you would handle any other project that would come into the city. WATFORD> where does the public stand though? What if for some reason the public didn't want to annex? MOTLEY> That's something that you have to decide tonight, you as the elected officials of the city as part of this pre -annexation agm't are making a determination that this is good for the city to annex this property into the city, it's going to increase you tax base, it's going to provide more jobs to the community, I mean it's your elected roles as the city representative you have to make that decision. WATFORD> Do you have other exhibits or experts who might be here tonight to discuss the project? MOTLEY> I have Scott Dosher, who is with Kemily, Horne, who is the engineer on the project, Don Mosley who is the rep from WalMart in Bentenvilla I have a copy of the site plan if want to see it. We have already gone through a preliminary review with the city & if this thing is approved tonight then there will be the actual formal review but we're not coming in this blind, your consultant has already reviewed it on a preliminary conceptual basis for us to let us know what we need to do as far as complying with the city codes etc. We're not asking to do anything that any other development in the city has to do but we need some assurance to that we're not doing something stupid by just coming in & then somebody turns around & says opps you can't build this store, we're looking for some protections too & that's the reason for the pre -annexation agm't is to set it up in such a manner that you all have made a determination that yes you believe this is a good thing for the City contingent upon us submitting plans, getting plans approved that comply w/ your requirements. There have been discussions already w/ the OUA on capacities etc., Scott's been working on this for many months and we're in the process of getting our self FL Water Management District permits approved, that's coming up in the next couple of weeks, everything is in the works. KIRK> if there was a level of service be it fire protection, police, or whatever, that we L,)n T 115 KIRK - NO CHANDLER - AYE O'CONNOR - AYE OLIVER - NO WATFORD - NO MOTION DENIED. ,KIRK> I want to say something w/ my no vote. I'm in favor of the agm't, but I think that everybody needs to be heard here, you need to try to get each Councilman's questions answered as much as we possible can before we move on with it. I will go ahead & comment since I said I'm in favor of it. I read it, as long as they do the things that I'm hearing that they are going to do & we reach a point were we're satisfied to give them a letter of intent, ven we reach that pt. then I don't have a problem following through w/ What this says because we're protected all the way up to that. They have got to meet all the regulatory agencies & meet all our zoning & requirements then there's the letter of indent, then if I'm ready to issue that letter then I'm ready to annex it into the city so that I can get the benefit of the tax dollars. OLIVER> Can I ask a question about the level of service for fire or police protection? At what pt do we need to decide that & make sure that is covered? COOK> I would want that looked at before you issue the letter of intent. OLIVER> Before you issue a pre -annexation agm't? (COOK> we're doing the pre - annexation agm't tonight.) Right, I realize that. If you sign this is that? WATFORD> Your there. KIRK> I don't understand it that way. COOK> WalMart still has to comply with every code & everything. KIRK> Oh yeah but there's nothing, & Mr. atty. your going to have to say something if I'm wrong. But, is there anything in this document that says that we have to issue a letter of intent? (COOK> No.) I mean it is fully my intention that we will do this but is there anything in here that says we have to do it? (COOK> it says we have to do it if WalMart) Meet everything. Well I wouldn't have any objections if they meet all the requirements. MOTLEY> Exactly Mayor, that's precisely, you have the ability now to review everything & at the pt that you are comfortable that we do comply with everything that you need us to comply with all of your rules & regulations & we show you we have the appropriate permits, etc. then at that pt. you issue the notice of intent saying you're approving our site plan, signage plan & you're ready to issue a building permit. And it's at that pt. then we would annex into the city. KIRK> But wouldn't we address the level of service on something this large before we would issue a building permit. COOK> yes we would. Suppose as Councilman Oliver said we've looked at the fire safety aspect of it when they submit there plans & learn that we can't provide adequate fire protection out there unless we have a ladder truck. Obviously you'd want to know about it before you issue a building permit. WATFORD> But the problem is, if they meet all our codes we have to, nothing in this says, everything that's been said is if WalMart which obviously they've got to meet all the codes whether they're County or City or wherever they are. But nothing in this says if the city can't meet something like we need 10 new policemen to direct traffic or something, nothing says this. The problem I have. I thought this was the greatest news I'd heard in a long time and I still do and I hope everybody knows that. But there are 2 problems as I see it, #1 1 don't see how & I guess the atty will have to tell me, how can 0 7-'lb felt like we could show that we couldn't meet, is that a reason not to issue the intent. COOK> if it's not specifically addressed in the agm't no. KIRK> can you draw one up that would answer everything? OLIVER> can I ask the City Administrator, do you see any problems w/ the City providing the level of service that would be required for this project? DRAGO> I think that the answer I'm going to give you is going to be refuted profusely by some of the other City experts but I believe that if the building wasn't fully retention ponds hopefully w/ some dry hydrants to supplement the water supply. believe that if the proper inspections are done on a routine basis to identify potential hazards and eliminate there then I don't think that adding WalMart posses an extra fire protection problem where you need to go out & get additional men & trucks. 1 don't think any community can afford to fund any city service to the highest level and let it sit there & wait for something to happen that may not happen I don't think from a tax payers standpoint that is an efficient way to spend money. However there has to be some sort of a fire protection plan in case something were to come aride that the situation can addressed appropriately. So 1 feel comfortable w/ the sprinkler system. As far as the police is concerned some of these situations your not going to know about until the store is actually up & operating to see whether the amt of additional fire Pe rsonnel for this project I think they would take it on there basic level of service. So I think if WalMart was further out on 441 South were in the old days you could go a couple of miles out & annex something then I would say you have a problem but this is contiguous to the city, it's right at the city boundary & I don't think it posses that level of service problem that some people would think it posses. KIRK> I fill like some of the discomfort level here & the reason we need to have such open discussion as the fact that we've just never done one of these before & we've sat up here some of us for a long time & this is the first time we've seen this type of agm't. read it & made marks on it & asked questions of myself & answered them which is probably no the most intelligent thing to do but it looks good, the level of services defiantly a question. DRAGO> I think the level of service was always a question as far as traffic was concerned whether it was in the city or county they wanted the use of 441 so that level of service problem was there automatically & we knew that. I can liken the situation to the time we annexed Blue Heron. I mean most of the time the level of services more important for residential because you can't add those types of fire protection features that you can w/ a commercial building & definitely w/ residential requires more patrolling of police officers not compared to a commercial establishment like this unless you have a high rate of robberies or accidents & those kinds of things, residential subdivisions normally require more city services than commercial that is adjacent to the city. "BILL" SM OSTERMAN> may I make a comment, I think there's a more basic question to be answered & that's as councilmen do we want the tax base of the city to grow or do we want ................ I think this is a most logically thing to do I think ...................... expiates permitting, why would we want permitting any other way I mean we want them to get them expiates & my son just went through the process & I can say that we have expidicous granting permits site plan review, everything, as far as level of service is concerned you want to keep in mind this is a 24 hr operation there will be store personnel there it's not like your going to have to guard the building at night & of kP -' i l f) coarse you know from the expense I've been to in the past how I feel about Super WalMart. I think that it's necessary & I think that this is one of the most wonderful things that happened to the City of Okeechobee that they want to come into the City & add to the tax base of the city. If level of service has to increase buy a patrol car but I don't think it will, so what remember there's also going to be other businesses that will want to come in as I've written in the past. I think this basic concept is you have to decide do we want to annex do want the city to grow larger w/ a larger tax base or do we want to not go beyond the limits we're at right now. As far as the letter of intent I don't know to much about the law but you know ......... it very understandable to me that all they want to do is get to a certain pt & ............................... this is a done deal, we're not going to come at you w/ this this, you're not going to come at us w/ that, this is what your going to do this is what we're going to do I think that makes more sense than anything I've ever heard, have it spelled out in writing & I would urge that you would agree to this pre -annexation agmT WATFORD> Would you permit me to ask Mr. Osterman a question? (That's up to him. Osterman > go ahead) And I agree w/ everything you've said, that's the first time & probably be about the only time. What I'm really struggling w/ though & you didn't address that was can you in good conscience sit here & say yes we are going to pass an ordinance, that requires a public hearing, & be mindful that there may be people that would like to have their voice heard & have every right to have their voice heard. OSTERMAN> They can be heard but the decision as the atty from Ft. Lauderdale said it's ultimately up to you. (WATFORD> That's correct but ....) but the question is since their agreeing to be annexed who would have a legitimate compliant against the annexation when they are the only property owner involved. All there doing is bringing more money into the City now how could anybody have a valid objection about that, other than people that say that you know the fairy tales we've heard the last 3 years the future's here, there going to build the store..... WATFORD> That's correct but how can you legally say or (Osterman> I told you I didn't know anything about the law.) So you wouldn't object if a County Commissioner or City Councilman said I'm going to vote yes on that ord before the public hearing was even held (Osterman> that's the way business is usually done, you have to be realistic) realistically probably so but they wouldn't publicly say it (Osterman> look at ..... it's a done deal & nobody, any input wasn't even considered it was just a good deal for the County so they did it & I think this is a like situation, you know what the public hearing is going to be) And that's ok, that's alright, that's the way our system works & I don't see how they could possible be infringing on any property owners rights within the city by being annexed for get about building, they'll build it in the city or in the county & you lose) Right absolutely, city loses I agree w/ that 100% but my problem is, I'm sorry (Osterman> so the only objecter could by the county & what do you care about them they don't give a damn about you). COOK> Let me add Councilman Watford, this agm't is a contractual agm't w/ the parties when it comes time for annexation all 5 of you fellows can vote no against it. If you do that which you are free to do you have contractual obligations under this agm't but nobody is saying that Dowling Watford has to vote yes in January or February when this comes up. We are committing ourselves to substantial contractual penalties if we don't. WATFORD> Oh yeah substantial & that's what bothers me I guess that we & I've seen these things happen before & some have turned out good &some of them have turned out bad. You can use a million examples around Okeechobee everything from the prison to the landfill to everything that we've done you can see both sides & how the system has either worked or not worked. But that just makes me feel extremely uncomfortable (turn to tape 2 side A) they bring their application in & our response is yes we'll instruct the atty to do the ord but we don't say we're going to vote for the ord we say we're going to draw up the ord & we'll present it for public hearing & that's & in fact I think we've been told a couple of times that you can't say ahead of time that your going to do it because you have to have the hearing or maybe we were just advised you shouldn't but that's what really bothers me then you know for a normal annexation we would require more than just an agmt & I know that those have been provided to the city but they would normally be provided to the council also you know your maps & what's going be there & everything else & we haven't had the opportunity as a council to review that & unfortunately I think that's our responsibility I really do & we haven't done that I guess I assumed & that's when I asked about the level of service when would you address that at the annexation, by then it's to late, so obviously it needs to be addressed before. I guess I'm to hung up on the ord but I don't see how you can legally say your going to vote, I guess you can legally say it. (Osterman> you don't have to tell anybody how your going to vote just sign the agm't) As you were speaking before and it's just you know, & I would have no problem if we didn't have to say that, & that's why I asked about that, it says that we're going to enact an ord but I guess the vesting is what gets you. It's not enacting an ord its the vesting. KIRK> But at the same time I think the decision we need to look at as a governing body here is these people are coming in here to build a business & they want some assurances if they jump through all the hoops that we ask them to jump through that at the end we wont turn around & say we've changed our minds & we're not going to do any of this when they've spent a lot of money & I don't think that's unreasonable. WATFORD> But as the atty said they will have certain vesting rights whether we say they are vest or not if somebody submits a building permit to the city & if it meets all the codes the city has to issue a building permit you have to if it meets all the codes. KIRK> So if it meets all the codes why wouldn't we want to annex it into the city. (WATFORD> I agree w/ you 100%) I know where your struggling but I think we're breaking new ground here. MOTLEY> I think if we were asking you not to enforce your codes, regulations, & asking you to make a special exception for us I could understand your concern but what we're saying here is we're going to comply we just want assurances as the pt you issue us a notice of intent to issue that you are locked into that, before that do whatever you want, I think the basic question here is do you want WalMart in the City, if we were already in the city we would have to comply w/ all your rules & regulations & that's the way it would be where just saying now we want to come into the city we will comply w/ all your rules & regulations you just have to give us some assurances before we're actually annexed in to the city that you are going to allow us to build our store I just don't think that's unreasonable. WATFORD> I don't think that's unreasonable I just. How about if did this, we said let us advertise & hold a public hearing on the pre -annexation agmT MOTLEY> We're to the pt we've been working for the city now a couple months we've established this pre -annexation agm't as the vehicle in which to move forward & come into the city we're here tonight we've spent a lot of time working on this to do something your going to have there's going to be a public notice for the annexation what I don't understand is this is the annexation, a voluntary annexation for the property, I don't know what your envisioning that some people are going to say we don't WalMart int he City, they don't really have any standing here, there not the property owners (WATFORD> they do have a standing) No they don't their no the property owners who are'being annexed into the city. WATFORD> I disagree w/ you because it takes an ord, any citizen has a standing. MOTLEY> I think we're probably distinguishing between the ability to get up here & stand in front of this microphone & say Council members don't approve this to having a legal°standing to object to the annexation of property into the city in which the property owners have requested annexation into the city. Anybody coming up does not have standing to object to that the only people that would have standing to object are the property owners who would be included in an annexation petition. Clearly when its a voluntary annexation petition everyone has agreed that they want to be in the city then W TZ1 Ik it's up to you all 10,4ecide if you do or don't want us in the city, not anybody else, no body else has the right really to object, they can get up here & say whatever they want to,you-but they don't have legal standing to object to property being annexed into the city. WATFORD> Is that right? (COOK> That's correct. Legal Standing means the ability to file an action in circuit court could an adjoining land owner in the county file a suit seeking to join the annexation into the city when we pass this & as Susan says & I agree that person does not have legal standing to object to a annexation.) But doesn't any body have the right, when we pass an ord we have to have a public hearing, (COOK> They have a right to object to us passing any ord) That's correct. (COOK> whether they can do anything about it, that's) But doesn't any citizen on a public heating have a right to come up here & voice their opinion? (COOK> yes) I would certainly hope so or we're in trouble. The whole system works on that we have a right to voice our opinion whether I agree with it or you agree with it or anybody else we have a right to voice that opinion. KIRK> I still think we're protected up to the pt that we issue the letter of intent. O'CONNOR> where Dowling is talking about this, the ord, are you telling us as our legal counsel that this is legal language & we're ok w/ what this says here? COOK> as I said Mrs. Motley has much more experience in pre -annexation because they occur typically in larger cities, I'm familiar w/ one up for instance in Lake Mary, Seminole County & they're building Hugh shopping centers along the main strip & they enter into these kinds of agm'ts exactly for the same purpose as WalMart, such as we can do the letter of intent, we approve their plans, everything going along happy then we decide we don't want to annex when they've spent tons of money on plans to meet the city codes & then have to turn around & try to meet county codes, so that's the type of exposure they are trying to avoid. O'CONNOR> what I'm saying is though is this regular boiler plate language that has said w/ this type of annexation is common? MOTLEY> Right it is very common, in fact I will tell you I have worked on annexation agm't in which municipalities taking land into their city agree that they want even enforce their own rules & regulations that they will allow them to have special parking requirements, that they will allow them to have special open space requirements none of which are happening in this agm't but I have done several like that because most of the time your in a situation where when your talking about a voluntary annexation it's a win win situation the city wants the property to come in & the property owner wants to come in but the property owner wants it's own assurances as well so I mean I kind tell you of probably 10 that I have worked on that have done specific approval of things that are not in conformity even w/ the city's codes. And we are not asking that clearly. O'CONNOR> What I'm asking you then John is, if you agree w/ her, & you agree w/ the language that's in here is this just a difference of opinion between you & Councilman Watford as to the legality of it? Your the atty & your the one we have to go to for guidance & for god sakes if it's what it's suppose to be then that's what it's suppose to be if that's what the law says or what your telling us as the atty. COOK> Motlev & WATFORD> Can we see the plans or something, is this the engineer? MOTLEY> This is Scott Docher yes. (Site plan is set up) The way the store is going to be is it will face North, there are 2 access pts to the store, here which will be a signalized intersection that's were we were talking about the special mast arms that the city likes to see, the medians, landscaping, there another entrance, all parking T"2j � �S here, to`the side� , wet retention area, 1 dry retention areas,-. there are some beautiful old oaks along 441 `South most of which are going to be saved in this area. (OLIVER> 441 there would be a buffer zone?) Yes this is an existing shopping center here & this is going to be where there is landscaping & some existing oak trees. (KIRK> Did you say something about a traffic light?) A proposed traffic light at 21 st Street, the other entrance is 22nd Street. WATFORD> (to engineer) I assume you've done several of these (yes sir) in your experience, services that are or could be needed for something this large particularly in fire protection & I know Mr. Drago said this was going to have a sprinkler system (that is correct) in your opinion does it take special fire fighting equipment? DOCHER> no in my opinion this is the standard configuration WalMart would use on a store like this it consist of a building sprinkler system which is fed from the back of the building using existing ...... from the city we have done fire flow tests study to assure we can have adequate capacity & pressure & those studies have been positive in indicating to us that we do have that in fact the OUA is ready as soon as we resubmit some plans to approve us for capacity & sign our FDEP permits so we are comfortable that you have a adequate fire supply. (He then shows on the site plan where fire hydrants are around the site), there's access all the way around the building for fire vehicles. Mr. Drago has asked that we consider putting some dry hydrants in this area SFWMD has insured through their regulations that we have plenty of water out there so we will be placing a dry hydrant or 2 in the large retention pond to insure if there ever were a capacity problem that we could also utilize the water in this pond. DRAGO> We asked for 3, one in that small wet retention area & 2 in the large. WATFORD> You are w/ WalMart? (Yes sir) Typically in your stores are there shop lifiting or anything that require a lot of man power or time from the city police dept or investigations of any sort or those type. rx%-� > there is ....... w/ this size of a store when we have concerns about crime we do not have at this store, we change our light scheme, increase the lighting in the parking lot the typically design for a ........ fairly bright ....... that's what we can do here, lights across the front of the store, we have not experienced a lot of crime in our existing facility, we don't anticipate a problem, we do have shop lifting as do all retailers, there is crime associated w/ developments this large but we have not experienced as a real problem in Okeechobee. WATFORD> So you wouldn't anticipate that we'd almost have somebody down there all the time (no sir) (to the engineer) on the traffic I'm assuming DOT has to issue or has already issued you a permit? DOCHER> They have not issued a permit yet but they must issue it to us, we have had a review from them & we are complying w/ the comments they have recently given to us, which in our opinion quite .......... having 2 lanes into the site 1 of those requirements ..... we will address everything that they require. WATFORD> There was some concern, I don't know if you were involved in the last public hearing that was held over at the county there was concern by several city residents about traffic into the neighboring or the city neighborhoods that are directly to West where do anticipate your major traffic w/ the people coming from the West? DUQY�IDur traffic study indicates most of the traffic will come from the North & into the 21 st Street entrance so for that reason we have done the entrance w/ accordance w/ DOT's standards & they feel that that will adequately address any of the required volume that comes into the site & as I showed you we have 2 ways coming in & this one (21 st) will be a signalized intersection so it will be the best access to get into the site. DRAGO> He had to design the plans according to DOT's access management plan & their access management plan called for 21 st St to be open 22nd to be closed. � -F 711pr WalMart did approach DOT about considering keeping the 22nd street entrance open but DOT did not agree to that because it created a domino effect where they would have to change the entire access management plan through the city & county & that would have a more disruptive effect on the commercial in the downtown area, so WalMart adhered to the DOT access management plan. WATFORD> So traffic from the South is going to have to come all the way up 441, they'll probably come in your 1 st entrance (right), you feel like that's adequate for the traffic that is coming from the South? DOCHER> Yes sir we believe it will in fact district 1 of the FDOT is quite stringent & we have complied w/ their standards as well as their policy which is more stringent so we believe it will add, as Mr. Drago said this access, according to their access management plan must remain open so WalMart or anyone else who might develop this problem will have to comply w/ that same access management plan so we specifically complied w/ there requirements. DRAGO> Just that DOT is requiring them to put 2 left turn lanes off of 441 which means WalMart had to widen their access road to accommodate the double lane of traffic. DOCHER> In addition we have mentioned certain enhancements which we'll do the mast arms here, which will match the ones in the center part of the city, as well as the brick paver the city requires of medians. WATFORD> (to Captain Farrenkoph) you are representing the police dept here, guess ya'll have had a chance to review it or heard any of it or seen any of the plans or been involved, (No) the chief has been involved, to the best of your knowledge is he satisfied (the way he talked w/ me yes). Keith? TOMEY> The first I knew about WalMart coming back in town was when I read it in the paper today, I've not seen any of the plans. WATFORD> Have you seen any of the plans before or aware of the fire protection? TOMEY> Yes, I guess they haven't changed that much since they had them in here 2 years ago DOCHER> The building since the last time we submitted a plan has decreased in size (That's about the only major change) yes sir, the sprinkler system WalMart uses is standard on all their buildings which I believe you mentioned we had a courtesy review by St Lucie County (Drago> the Chief had it brought over to St Lucie County. TOMEY> yes the last time they ...... he come over here & spent a 1/ day I'll ask him to do the same thing this time. WATFORD> there weren't any problems on the last one? No sire) The is essentially the same system it's just taylor made for this size of building, meets the same criteria that WalMart. (OLIVER> how much smaller?) About 25,000 sq ft from the last store that we proposed, the last was 205,000. WATFORD> Is our present fee structure going to be efficient for the reviews. (Yes). KIRK> We're going to have to eventually come to a decision here & having looked at that I feel even better now I like what I see over there, personally I'm happy they want to annex into the city & I think that even though we're breaking new ground for us & it's all scary when you do something like this because we've gotten our fingers burned a time or two to say the least but I would urge that we go ahead & I would urge you to go ahead & approve this pre -annexation agmT I think it is defiantly in the best interest of the city at this time. WATFORD> I agree w/ what everyone said it's obviously in the best situation for the city; -it it`6-got td be there it can be annexed & I really do appreciate WalMart's interest & desire to do that I know that sometimes I don't come across that way but I do �u the only part that has bothered me is the ordinance portion but if the atty says thats legal (KIRK> I think the little comment he & I had while you were looking at that was if he's not correct he can be working somewhere else, hahaha) I hate to remind you but I'm not saying anything against John but some of our atty have been wrong before. KIRK> I think its a win situation for us, its new ground for us Councilman Watford I think the discussion that was brought out was very important to help all the people up here that has to make the decision reach an area at least where they think they know that`they have enough information to make a decision that they can live w/ & no matter what we decide we have to defend it to people & no matter what we decide we're going to have some people in favor of it then some people against it but it's our job to do what we think is best for the city & I definitely think this venture here is definitely in the best interest`of the city for us to go ahead & be sure it's annexed into the city so I would urge" you when it comes time to vote to do so. Anything else? No more discussion, Vote on motion: KIRK - AYE CHANDLER - AYE O'CONNOR - AYE OLIVER - AYE WATFORD AYE MOTION CARRIED. (Applause from the audience). 4. Consider a request to amend the Okeechobee Utility Authority Interlocal Agreement - Mr. Tom Conely (Exhibit 5). Cv"-� qA"-L" o�Mu Q >The amendments to the Interlocal are: (1) Delete section 4.10, all decisions of the OUA Board requires a 4/5 majority vote. (1) Section 7.3 states the OUA board will adopt by May 1 st of each year their budget and send copies to County and City, requesting the budget adoption deadline be by September 1 st. c t , -� uWIL CMG t-� thi Lunitt -u- �auo 44u,tc- Lu cam. ac j ckc� - C�- nQ,dOn s -T z' IfS C� -To of -)at,: o_UD,_ua Lp,_ ( 5,c 4 be bcaoi ccc& co C,(- n6 C, -Onq t) YIC (J Vk�-6LT( tqu 6a Cuo eto -T6 ci 7 c LID rci a t-3(-,t Idlt(__l Q5 Lu-\Ct-JJ,_Yf (V kd I'D ay cl �� C1 c_�� c�;C Vic:; - ,i�r1c� � ��` � �' 'y'��( �� _�- %��,�� ,�;�� ' ��. �� f C,�l a c�� Y�� t:� al at-c- arl -y- 61 �hcc4 ncl_/ To Jilf� 7 —A, O'ft Cj e_,L� vl- 3 hadi Lt q/5 q4-un jkc VFW � U- L� lb-ulk W-TLU) Jk ccb-) W 4uiZ 0-10-1 q) 4 LT OR Ld-- CUO T( Can (�a H Lt CjCt U, C' It) U-��')Cd(tttf /71 q- 1 D aClUVDOLkctf V lu (Imco ct!tc nc," c"s ct� t.,-",S 615,� (y LC o-a U, r3 Lc-> Vito / CLd- 5-2 -7 C CLU LOCUD C -hDRA-C-� C'/ b" pavA ��vcAtcL (�C, ozUji W, 64 -D fxLk-L) PLZISC--c 0-4- j -- q\ros) �1 CL 2 fam} WmajAklzw -7 �.s�=C� ��--�.: C� r��. Ica ��C `� `7- � � w +�Wlu, CCID 0a PC p5 T01 f) 5. Council Member n moved adopt proposed Resolution No. 96-5 concerning the police car leasing program, (this resolution corrects Resolution No. 96-4 as requested by SunTrust); seconded by Council Member I11� - �( t,p M�1,dw_61r ((--Xhitd VOTE: UU DISCUSSION: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD A R S-i MOTION: C RI /DENIED e `I " Lb ROL o- 7fW..0 -�c -tk-o 6. Council Member t-Y)C-) moved to accept the Certification of the Okeechobee County Canvassing board for the 1996 Election Canvass Returns; seconded by Council Member &. - City Clerk (Exhibit 7). VOTE: DISCUSSION: YES NO ABSENT KIRK v CHANDLER +— O'CONNOR OLIVER v WATFORD MOTION: RIE DENIED may, 7. Council Member moved to adopt proposed Resolution No. 96-6 concerning the November 5, 1996 General Election Results; seconded by Council Member W -City Clerk (Exhibit 8). VOTE: YES NO ABSENT KIRK CHANDLER c— O'CONNOR �- OLIVER WATFORD �— MOTION:_._ _wZDENIED M DISCUSSION: Q 8. Council Member f 06 moved to adopt proposed Resolution No. 96-7 concerning a Highway Landscaping Maintenance Agreement with DOT; seconded by Council Member Attorney Cook read proposed Resolution No. 96-7 as follows: "A RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: YES NO ABSENT KIRK L/ CHANDLER t/ O' CONNOR OLIVER r WATFORD r/ MOTION: RI /DENIED DISCUSSION: 9. Council Member JOE' moved to adopt proposed Resolution No. 96-8 concerning the installation and maintenance of landscaping located on Highway 441 South between S.W. 7th and 8th Streets; seconded by Council Member n` Attorney Cook read proposed Resolution No. 96-8 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (U.S. 441) BETWEEN S.W. 7TH AND S.W.8TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE." VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD - -- MOTION:, ARRI DENIED I DISCUSSION: 10. Council Member moved to adopt proposed Resolution No. 96-9 concerning the installation and maintenance of landscaping located on a portion of Highwa 441 South between S.W. 10th and S.W. 12th Streets; seconded by Council Member Attorney Cook read proposed Resolution No. 96-9 by title only as follow: "A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (us 441) BETWEEN S.W. 10TH AND S.W. 12TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE." VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: CARRI` /DENIED DISCUSSION: 11. Council Member moved to approve a final pay request (number four) to K & K Construction in the amount of seven thousand, eight hundred sixty-two dollars, sixty-nine cents ($7,862.69) for sidewalk improvements as recommended by Engineer Kafir of Lawton, Noble and Associates; seconded by Council Member:. VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION; 6jLR�%DENIED 10 DISCUSSION: 12. Council Member MV moved to approve an engineering contract for the street paying program to Lav90n, Noble and Associates in the amount of thirty-nine thousand, fight hundred sixty dollars ($39,860.00) for engineering, design surveying, construction engineering and observation- sec�o�nd�edd b�y.CCouncil Member O ` The projects included in the proposal as follows: NW 5th Avenue (between NW 9th & 12th St) NE 13th Street (441 E to 20ft past last drive) NE 11th Street (441E to 20ft past last drive) NE 2nd Avenue (NE 5th St N to dead end) NE 5th Avenue (between NE 3rd & 4th St) NE 4th Street (NE 6th Ave E to dead end) NE 3rd Avenue (NE 7th St N to dead end) Misc. Resurfacing of Roadways VOTE: YES NO ABSENT KIRK v CHANDLER O'CONNOR OLIVER t, WATFORD MOTION. G2F%`' /DENIED NW 12th Street (between NW 5th & 7th Ave) NE 12th Street (441 E to 20ft past last drive) NE 10th Street (441 E to 20ft past last drive) NE 5th Street (NE 5th Ave E to 20ft past last drive) NE 6th Street (NE 6th Ave E to Deadend) NE 3rd Street (NE 7th Avenue E to dead end) SE 6th Avenue (at SE 7th St & 6th Ave) DISCUSSION: 13. Council Member f moved to approve a request by Heart of Hospice, Inc. for an Arts and Crafts Fair to be held in Flagler Park, to temporarily close S.W. 3rd and 4th Avenue between North and South Park Streets for November 29th and 30th between 9:00 a.m. and 4:00 p.m.; seconded by Council Member r 'rw j'�. VOTE: YES NO ABSENT KIRK CHANDLER O'CONNOR OLIVER WATFORD MOTION: DENIED 11 DISCUSSION: 14. Discuss the LDR's - City Attorney (Exhibit 15). i1�.- �:�.�.� rti-�u-. v.�-i , `��s._ �v�k:�.�.�- U.+t. r'�tiLt�l � ;:i.►-� ��9�-�� ''� Ot (, ; P15 c4t-L4. ,)C+tL.)k,( ��E� �L Ll C � �ti�t� �� `r � � c,KC� ( -Or w_LIA t M. 1�,� � tk-L L, c��I CaC pc"I 4vi_uu2, xnkL Lk �4.0 t,. 4 4- L_Op' - I I j C!t4i {�u�c �` {fc;��'` IL c: �tLe�� lJ�s Ck,� u�l Council Member >:_ moved to read by title only, proposed Ordinance No. 699 concerning the re- enactment of Chapter 19 of the Code of Ordinances, and set December; 1996 as a final public hearing date; seconded by Council Member f7 Eww_ 1Ce_� t / `N dhaU VOTE: DISCUSSION:(11 (�! qQe L02 YES NO ABSENT G /3LkhOPA Ct K. (,4 Lx KIRK �-' �. 5C) [ t �f CLUE h� *c r G wlrt t 11iof - I-)r6 " S. CHANDLER lsf O' CONNOR ,� �+ �,�;cxcldprr�c�tly flcpF Yk� (�r2- �.Xr5tcjtt- OLIVER J-)W( to 44, C.Lt� tC lceA Lt'e (Ch 1eftr fit- (OAL WAT FORD r/ tio-&Sc 6K• 1)-k� Ckc�rf�c`t. 5t t� td dU k is . �tili�cx+ (4� 1} ZCnIV MOTION:' DENIED al. t1 �fr� �u luCs Alt' ;)U� ('y Cc �t,_-c4 Attorney Cook read proposed Ordinance No. 699 by title only as follows: O a_n (' "AN ORDINANCE OF THE CITY OF OKEECHOBEE ENACTED PURSUANT TO THE PROVISIONS OF CHAPTER 166.041(3)(B), FLORIDA STATUTES, WHICH ORDINANCE RE-ENACTS THE PROVISIONS OF CHAPTER 19, CODE OF ORDINANCES; WHICH ADOPTS A ZONING CODE; WHICH SETS FORTH PROCEDURES FOR REZONING OF PROPERT)OWHICH ESTABLISHES A BOARD OF ADJUSTMENT AND APPEALS; WHICH ESTABLISHES A BOARD FOR ZONING, PLANNING AND DEVELOPMENT; WHICH PROVIDES FOR A DATE OF TERMINATION; WHICH PROVIDES FOR SEVERABILITY; AND WHICH PROVIDES AN EFFECTIVE DATE." Council Member moved to approve the first reading of proposed Ordinance No. 699; seconded by Council Member T VOTE: YES NO ABSENT KIRK � CHANDLER / O'CONNOR / OLIVER ' WATFORD r MOTION: Mn_ ENIED 12 DISCUSSION: f � j� � 7 15. Discuss memorandum from the Fire chief - Council Member Watford. WATFORD> We got a memo from the fire chief on his equipment & his 3 yr plan & I would like to say this up front, I did discuss this w/ the fire chief we had quite a long discussion one day & I did tell him that I was going to request that this be put on the agenda so he would know that it was going to be discussed. Sometimes when we, I get accused of asking a lot of questions & talking a lot up here do that for many reasons but 1 is I think we all need to know what the other is thinking & sometimes we don't all ask the same questions or think of the same questions I wanted this brought up because this really disturbed me when I read it this & then when talked w/ the fire chief it probably disturbed me even more. When we voted to purchase the new fire truck we had many hours of discussion on types of trucks & what to buy & I guess sometime if you don't ask the right question obviously you don't get the right answer, when we had all those discussions I assumed because nothing else was said that this truck was going to meet the city's needs for a long time & as it turned out that is correct for what its being purchased for. We discussed on at least 1 occasion & I think it was probably more than 1 that this would probably be the only capital expenditure for the fire dept & I don't remember the exact time we put on that but it was for like the next 4-5 years to the best of my recollection that's what we said. So when I looked at this memo & it says that the fire dept wants a tanker pumper in budget year 97-98 that really disturbed me because, we're talking about we're not going to have any capital expenditures & I probably assumed even longer than that but at least that long & what really disturbed me was that nothing was said at that time about no we're going to need another truck or other trucks because farther on down another truck. Nothing was said, nobody said hey wait a minute remember I sent to a memo in Aug of 95 stating what trucks I needed or I sent you a mem in Aug of 96 telling you what trucks I'm going to need. So it really disturbs me because I feel like we voted on purchasing a truck maybe w/out having the whole picture & maybe it's because we didn't ask well what about that memo from Aug of 95 which frankly I did not remember & I guess the reason I really didn't remember it is because there again I assumed that this truck was what the fire dept needed & I guess I assumed that's all they needed, this is going to take the place of whatever equipment & if you remember we asked the question, which truck are we going to take out of service. It really disturbed me that we didn't or weren't told or somebody didn't, in fact that's what I told the fire chief, it just really disturbed me that you didn't raise you hand & say wait a minute remember I sent you a memo in Aug (turn to tape 3 side A) when we sat here & said there will be no more capital expenditures for the next 4-5 yrs. I don't have any particular solution or but I really think we need to & don't know how we're going to get to that pt but we really need to determine what we're going to do. We made a commitment to the fire dept to the tune of $250,000 & it just disturbs me that there's going to possible could be another 100, 150, $200,000 or more on top of that I think what we really need & this is just my opinion popped off the top of my head & maybe there are some better solutions but we really need for somebody to sit down & say what do we actually need? What do we really, really need & then how are we going to go about getting it or are there other solutions to it? Because I think there probably are other solutions to it, if we in fact need a tanker truck, Keith tells me there are some areas of fire hydrants that the pressure isn't sufficient so therefore he could possibly could need more water & I'm not an expert & don't know how much water you need to fight what kind of a fire your going to be fighting, I think that's what you need to look at, what kind of structure is in that area what kind of potential & maybe I'm wrong but it seems to me thats the way to do it, how much can I get out of the hydrant, how much do I need to carry, but there maybe a simpler solution we might could enter into a I know we have some sort of mutual aid agmt w/ the county right now & they have lots of tanker trucks, cause they go to rural areas & have to have more capacity than we do cause we're usually closer to a hydrant so maybe there's a solution there, we just have a interlocal agmt them if we need water that they can provide it. But then the arguments going to be well maybe there's tankers out on the fire i3 well maybe it is but you have the same thing at the city maybe you have the pumper at 1 fire & another fire breaks out, you have that, you just hope the probability of that this very low or otherwise you'd have to buy 2 class a pumpers so you could ..... but I think thats what we really need to do we really need to look at what our needs are & unfortunately we should have done that as a council not just as memos or something else, we learn a lot from our mistakes & I think this is one we made I think we should have said wait a minute before we spend $225,000 what do we really, really need here & where are we going, I don't know if that makes any sense or not but it just really disturbed me when I say this & particularly after what we had said & I feel like we weren't fully informed on the whole issue. That's my main concern & I don't want us to wait until budget time next year cause were always, you got about a month then to decide are we going to spend $150,000 for another truck. OLIVER> when we discussed the budget for the up & coming yr wasn't the comment made that there would be no capital expense for the next several years, 5 years? (WATFORD> That's the discussion I remember.) That's what I remember. WATFORD> the chief remembers that discussions too cause I asked him & he admitted hearing that & realizes he probably should have said something at that pt, I don't want to put words into his mouth but that was the impression I got from him when I talked w/ him that he probably should have stood up or after the mtg or sometime said hey remember that memo I sent you in Aug of 1995. Or maybe we don't want to do anything I don't know. Maybe we want to wait till budget time & say hey look we need another truck here. KIRK> I think all other avenues need to be explored here. This will start getting expensive at this rate. I know in doing my own budget that I ask for things & quite often get very little of what I ask for. But normally I'm asked for some type of a plan to show me why you need any of this & is there another way to do this w/out going in the direction your started. I would think it would behoove the chief to do that any way. WATFORD> I think that, we got a memo in Aug of 95, (do you remember what it said?) I have a copy of it here. When I read this memo I took it basically when we were discussing a conventional chassey truck vs. A custom truck & when I read the memo that's what I focused on & like many things we do something muddy's the water & we look at that 1 issue & I guess that's what I focused on when I read this memo, but if you look at #3 there it says we would also recommend the purchase of a new 1500 gal tanker w/ mid shift pumper, tanker to use to supply water so and so cost of tanker, cost $80,000 to $100,000. #2 there it said we'd like to add some type of aerial ladder truck & mentions a good used ladder truck for approximately $100,000 to $170,000 so I admit we got this memo in Aug of 95 the problem is we were discussing this a yr later when we were doing the new truck & the discussion of the 2 other trucks kind of got sidelined & I guess I assumed this new truck is what we need & is going to take the place of all these others. That is apparently no the case. I feel like we weren't, somebody whether it was me remembering the memo from Aug of 95 which obviously 1 didn't or somebody that remembered the memo should have stood up & said wait a minute there are going to be other major pieces of equipment we're going to need. We need to sit down w/ the fire chief & have a mtg or that on the agenda to discuss what we're going to do or I don't particularly like wksp because you can't do much w/ them any way, & there other options. We've had reports done before some people liked them some people didn't some people agreed w/ them some people didn't by somebody else coming in, a "independent" person coming in or a retired fire chief, an expert who could say heres what your needs are based on your buildings & what you have in the city. Here's what would recommend, & that's always going to be open to interpretation also. I think we need to officially sit down & say here is what we need, or here's what we feel like we need, rather than every yr coming up & saying we need another truck especially when we just pd $225,000 & I hate to harp on the price but that's a big chuck of our budget. OLIVER> if you knew then what you know now would you have voted for that truck? (No sir, I shouldn't say that because I may have depending on the situation I wish I would have had that information I may have fought harder for a conventional truck ` which would have been less money, I may have agreed w/ one of there recommendations we had to at least look at used equipment, not saying we would have purchased it but at least looked at what was available which we did not do, we decided we wanted a new truck, no we want a custom truck. O'CONNOR> That strikes me funny that you say that because in this document that you have here from Aug of 95 it says we do not believe the city needs to purchase a new ladder truck but they should purchase a good truck that could last the city the next 15 years. And this document here of Aug 23, 1996 it says we need to find a good used ladder truck but I remember when we were talking about trucks period that we don't' want any used trucks because they ain't no good now that's what was said up here. I remember it pretty plan because I was in favor of a ladder truck being used and a type pumper truck being used to cut down on the cost of this. There's one other thing that I think that, your looking at w/ this Aug 23, 1996 you could be looking at $400,000 or better right here in this one document plus $250,000 for the new fire truck, your talking almost 3 quarters of a million dollars in the next 3-4 years & the fire dept & I don't know do we do enough fires to ward that type of equipment you also have to worry about the part of Councilmans Oliver's always talking about which is nothing wrong with, shared services, if we go to consolidation & we spend that kind of money out of the city & all of a sudden consolidation happen & the fire depts over there the city has just taken all the money that they had & put into this fire dept, I'm not trying to cut the fire dept down & not give them what they need, but then it's gone to the county. We've got a consolidated fire dept that's gone the other way. What I would say about consolidation what nobody is ever said is they talk about consolidation why not ask the county we'll take your stuff & do it over here & we'll run it, you know that ain't going to happen, cause they ain't gonna go for that but why should we go with them, they could come with us just as easy. think that one other thing that your talking about Councilman Watford when it comes to these things is that nobody has hit on because nobody wanted to talk about it is the fire study that was done in 1994. This fire study comes out & nobody had really read this thing, it discusses some real problems that we have in our dept & some of these things haven't been addressed, a few of them have. But I'll show you something else that's kind of amusing, when I got on this council in 93 every year in the budget program 522 fire protection, the budget proposals and the results of the proposal for the last 4 years they are all the same every year there's nothing in there about were going to have a plan, were going to do this, the plan is going to do this & that. I know for a fact that 3 years ago I went to the chief & I said & Lt. Smith had been working on it, I'll give them credit for that but in 3 years it hasn't been finished unless it just go finished recently & that was to go to all the stores downtown & get a print out of what all these stores look like so the police & fire dept could use it for knowing what's in the store & a floor plan of that store so they would know what it is & it just takes an awful long time to get something done it appears but yet we want an awful lot of stuff. Nothing has changed in 4 yrs in this budget proposal & ya'll got it you know what it says.] think that the money is not being spent wisely & would just like to ask a question cause I= don't know. Do we have to take this fire truck? Are we under any obligation that we havell 'fo face it`righ# now? Can somebody answer that? COOK> I haven't seen a written contract. O'CONNOR> John Drago? DRAGO> I believe there was not a written contract I think there was just .. a purchase .�, , order issued predi ��.n the specifications that the council approved. (MO> so we fiaven't given them any money?) That is correct. (MO> so if you wanted to do what Councilman Watford said about at least go back & check on used trucks or whatever that could be done too?) Yes. (And your no obligated to that fire truck company?) Mr. Cook would have to give you That opinion? (I ju6fA6s'ttirid'16 question.) COOK> well what we giveth we can taketh away, the ramifications may be that & I 13B don't' know if they've done anything towards that truck or not but if they have expended engineering fees or funds or what not to get the truck built potentially they could have a claim against us but I don't think there's anything unusual or custom about that truck that fits Okeechobee that couldn't be sold anywhere else in this country. O'CONNOR> okay & I've got just anther question about the truck because I never did get a really final answer & I'd like to ask the chief. Does that fire truck have chrome wheels or painted wheels? TOMEY> Theyrre a stantessste4rt I don't want to use the work hub -cap because there not hub -caps (the wheel that holds the tire) it's made of steel & there's an insert that goes over it is stainless steel. O'CONNOR> I was just wondering what that cost might have been opposed to the iron wheels that you have on the trucks now, is it for asteics, does it help us fight fires any better & what dad it cost as o�" p qsed to what it could have co �� _ on'fTiave those figures with me WhWh the things I'm talking about. OSTERMAN> What mutual aid agmt are in effect right now? Mutual assistance? DRAGO> I think some time ago Council approved a large mutual aid agmt among several counties & municipalities but I could be wrong but I thought it was only predicated on if a community had some sort of disaster that the council had to adopt an emergency ord or res declaring a disaster area & therefore you could go to those other agencie is for mutual aid. I think that's correct. You can call them upon anything? (Yes, the only, what your talking about is addressed in there, but I can call any county & they will send equipment over here) So if you have a regular fire you could call them? (Yes) ok so yes it is in place. OSTERMAN> so if you had 2 fires simitaniously you could request aid from the county (yes) would you say county wise that we have right now a lot of unused equipment .... don't get me wrong I don't want any part of consolidation, would you say that we have a lot in the whole county, under used equipment for the amount of fire? DRAGO> I wouldn't know that unless the community over all did a comprehensive risk analysis of the community. A risk analysis basically will identify the most common types' of service demands& what it would `take'to protect those risks & when you identify those tems'then you can identify they type of equipment you need & the number of man power it takes to manAtie equipment. [ said before earlier you never want to staff a dept w/ the most optimum service requirement because it may never happen & that would be unproductive. Like Mr. Watford said there are other ways to get around that for instance if you know at a certain fire situation required a fire flow of 4000 gal per minute you could devise a plan where you could contain that fire w/ 1500 gal per minute then that plans acceptable to the community & that's what Mr. Watford was trying to explain there are other ways to addresses those types of problems you don't have to address it w/ equipment & man power there are other technologies to be used. What 1 st has to be determined is what risk is in the community & how do you want to address that risk, the most common risk, which would be house fires, brush fires, car accidents those types of things. TOMEY> the county is putting out requests for companies to come in & do what Mr. DragojustrexPlained to yo 2studies. 1 study county wide, 1 study that incorporates' the --'city fire dent in a county fire dept.'That is going to be done according to Mr. Long hopefully to have it back by Mar or Apr getting ready for their budget year. Maybe, as suggestion to the council is since their having the study & doing to do it county wide, give us a copy of it seeing how the city fire dept is going to be involved in 1 of those studies. Then sit down in Apr or May of next yr & evaluate the situation on this memo that i gave you & then go forward from there. This is a study that they are doing because they are going to move their station farther out into the county, they have discussed contracted services to the city in board conversations I've had w/ Mr. Long. After this study is done the city could be covering areas in the county & be reimbursed lnc for that service. This is coming, the board agreed for him to get that study. I saw him in front of the court house the other day & he gave me the time frame of Mar or Apr, they hope to have it awarded the first of the year. I didn't mean no offense by any memo, never have, I don't express what I should at times the way I should. I ask you right now to wait until this is done & see what is recommended by this study. By that time we will have had our insurance study done also, there going to tell you what you need as far as they are concerned. You will have 2 studies then to look at & go by. WATFORD> Will that study do you think its going to incorporate city structures or whatever? (KT> According to what Mr. Long yes sir. RFP's put in for one w/out the city in it & one w/ the city in it) f thought you meant the city equipment or something (KT> no this is county wide basically fire code but still it would be our part of the city that part of the study to go by.) KIRK> is this going come up like a need assessment, is that what its going to do? (KT> that's the way I understand it) I really think that's what this council needs is a needs assessment. WATFORD> I think we first need to find out for sure that's what is being done & how it's being done. DRAGO> 1 would question the methodology that's going to be used to determine that assessment & if it's going to be statistical where you look at the number of runs & the o5 ty of fires the fire calls it's;hot going to provide you w/ the types of answers that the community needs to make intelligent decisions. (KT> I don't think that basically the way, the way he explained to me it they are going to survey the entire county because he wants to know the places, stations, number of personnel, I don't believe they are just going by figures & stuff like that.) Well they have computer models that they can plug in & they have fire station location models that they can plug that statical data in & come out w/ the placement of the fire stations a lot of its going to have to do with what type of response time the county wants & the distance & you plug those 2 variables in I can assure you you can have a fire station on every corner but the community can't afford that so if he's looking at it county wide then he's looking at where should I place fire stations that would give the community optimal service but he still has to take into consideration distance & response time & if that is not realistic then the cost factor goes up substantially. Again I would have to look at the methodology. (KT> I just through that out for you all to consider tonight) I understand. WATFORD> But we need to know, & you know the problems we've had before, I'm just going to say what I've done assuming things, we're assuming that that's what this is, we need to see what was proposed & what it includes & obviously if we're going to be able to share in that information. We need to do that. TOMEY> He's been very straight forward every time he's called me to talk to me. think that he would give us that information, I'll ask him myself & tell you at the next meeting. KIRK> So where are we going from here? WATFORD> t think- tat'ts-i'y goad suggestion & what needs to be done. We should have done it back, but we need to officially find out what kind of study is being done is it going to be adequate for what we need. Then we need to decide what, how much of that do we want to fund or do we think we can but it needs to be done, that time frame is ok if it can be done it that. OLIVER> Should be check on about canceling the purchase order of the fire truck? CHANDLER> 1 really don't think we ought to do that. T PRD> As much as I'd like to say yes that. I think we ought to, I think we'd be opening up a can of worms we'd never getout. �OSTERMAN> They're probably vested. OLIVER> I would imagine its the same thing.) Right thank you. We voted to buy, there's,rtear-Pu�M record that we voted to buy that truck from that company, I mein I know how, if I was on that end I would be standing up. CHANDLER> ould be buying all used trucks from now on (WATFORD> right.) OSTERMAN> I'm looking at a letter that chief wrote to Mr. Smith & the letter indicates that the fire lose in the last 5 years is averaged $140,000. What we would not then I imagine, most of the fires totally consumed the house due to the old wood construction wouldn't we be better off just to contain the fires & got ahead & reimburse the owners for the loss & we'd come out ahead? When you figure the budget, I"m serious $140,000 a year average for the last 5 years in fire loss but I realize the fire dept does other things I know that they engage in fire prevention inspections & so on & we appreciate it but it seems. Either the fire dept doing a real good job or maybe we got more fire dept than we need. WATFORD> I think that's something we need to determine, just like we would any other dept. So you just roll along, police dept is suppose to investigate crime & it's suppose to stop speeders & direct traffic & those types of things. I guess it all steams from the large purchase that we had to make & now we're facing another large purchase & we need to decide which way we want to go. There are different types of response units you can have & that kind of thing & to go along w/ that though & this comes to the other issue here & that's the personnel if you notice in the budget there's quite a bit of personnel involved in next years budget that they are going to be asking for. We need some kind of policy on that. We've been talking about this 4 man crew or 3 man crew. The city needs some policy itself. (O'CONNOR> Your speaking of standards?) Yes sir (a city policy) or maybe we don't want to do that I don't know. O'CONNOR> I think one thing that defiantly needs to be looked at is if the county is doing a study & we find out that its on the up & up or whatever it is that you are wanting to know from it l still think thetypu ought to go back to this fire study that was done 2 years ago & look at the things that are in there because they are pertinent to everything that you've talked about tonight & address them to see if there are proceeds & plan that are being put in to.make.those things happen for this city. Nobody really took this out & brought'it up here to the council & dissected it. It's straight down the line. KIRK> I think the thing that's bother Councilman Watford is the fact that you just wasn't expecting a request for a large expenditure again right behind this & I don't think anybody else was up here. WATFORD> And it's also disturbing that something was not said then when we were making that decision. I feel like we made a decision Wout all the information. It would be like we just approved to buy 20 police cars & the police dept said we're going to lay off 3 patrolman because they aren't to busy & nobody said anything about it & we only needed 15, you'd be pretty upset, or same token & we actually need 25 cars. OLIVER> The assessment that was done in 1994 what did that cost the city? (DRAGO> It only cost the expense for the evaluators to come to the city which was meals, hotel lodging & air fare.) Can that be done again rather than wait for the county? (DW> this wasn't an assessment like what we're talking about we need, that was more on procedures.) Could those same people give us a needs assessment? My thought is if the County is going to do a needs assessment their going to do it primarily for the county, their not worried so much about whats going to happen in the city (that's what we need to find out) I would think that we probably need to do, if not our own at least add to theirs to make it more comprehensive to make sure that it would include the city. DRAGQ; ,...I would have to first look & see what is tieing ptoposed.by the county I suspect that its strictly to locate fire stations throughout the county to optimize personnel & man power for fire protection I don't think its going into the needs assessment of the community identifying what the most common types of fires, how do YOU protect those risk & John Q public what risk do you want the city to cover for you & �� heres the price tags for levels A, B, C & D. Cause the community has a steak in it & they need to tell you what they want. I've said this before, I don't believe ISO standards should be used as the management tool to tell the community the risk level that you need to protect, that's strictly an insurance company tool for premiums & has nothing to do art -public fire protection policy & it shouldn't even be considered. If you consider it its quantitative in nature & its going to cost you money. I think that the community needs to get involved in a risk assessment after you've done some preliminary (turn to tape 3 side B) what the cost to cover it, if you want to go up 2 levels heres what its going to cost you, here's the equipment the man power are you willing to accept that, if you are, then this is what your tax will be, if not, here's what it will be. And when you determine that then you can determine where the distribution of the stations are & the staffing of it but you have to take into consideration the other technolcial advances that are out there that make ..... more productive you can't do it by taking a standard fire truck & putting a standard hose on it & make it more productive. KIRK> So how do you recommend we get the needs assessment? DRAGO> I would first want to see what the county is proposing to see where that bench line i* If its a standard bench line &r if Mr. Oliver is desirous of doing it more comprehensively then the city would have to undertake a more comprehensive RFP, part of it should be done within tK "city with the community & part of it can be w/ the aid of a'consultant or a facilitator but I think those proposals would have to be kind of structured that way. I agree w/ Councilman Watford I would be weary of the fire professional that you would want to engage because if you get them with the same train of thought your going to come up w/ the same product. It's quantative in nature because that's what they believe in. OSTERMAN> $140,000 per year fire loss I think there's enough brain power behind that table w/out calling any consultants to do studies & usually on a study you tell them 1 st what you want ........... I think from one end of the table to the other I think we've got all the brains we need. How much better can you get, $140,000 a year. I know we're not set up for plane crashes in our little town but it seems to me we're doing pretty good w/ what we got. KIRK> We need some kind of direction here I think,,,,, WATFORD> Want to check with the County & see what their study is going to include ,,,,. KIRK> and make a decision from there,,,,, OLIVER> the thing about it is if we're saying we have the brain power here but if we can get a consultant, we just spent a quarter of a million dollars for a truck if we can get a consultant for a thousand or two to tell us the direction we need to go then it might be money well spent .,,,,,OSTERMAN> a thousand or two might get you a few telephone calls,,,,,, OLIVER> the only way to find out is to ask what a needs assessment would cost,,,,,, WATFORD> I think we need to see what the county's got first if its sufficient then we're ok if it's not then we have to make that decision. My problem is I wouldn't have a problem if you said we wanted to do it but I don't know if I'm technically qualified to be able to say if city hall catches on fire what do you need. I think that's what you need to do so you know what equipment need. Just like the police dept we've traditionally said ok fire dept heres you some trucks go fight fires & maybe we're to the pt where we need to say what kind of trucks w/ the new truck we took our experts opinions on what we needed & we gave them what they needed but maybe it's time for us to say what is, how many others do we need, what all do we need to go w/ that. KIRK> My concern at this pt is we've taken this as far as we can take it tonight. The only decision you got left that's been brought up here is do you want to leave the truck ordered? CHANDLIER> ye WATFORD> 1'l see hoard we ca K> Ok so at this pt we see whatPthe county's g �, , * I would like to say lets hold up a little bit but I think we've gone past tha personatly. , > Ok does anybody have any objection o fhie. ��NO RESPONSE) Ok I say we move on we've pushed this as far as we can push it & we've got a direction & your going to check to see what kind of study the county's doing. /� F '�J.j 16. Discuss Finance Director's position - City Administrator (Exhibit 16). jt�teL /209� kL 4Aoc ,)aqpq -k4)0.7j-' C- +t� 66 kre, tkL—Lv.,,k L', kk,--, WQLO 6,a�cc+- hqu +kc- bLz,+ Rmo L-L, �nclu Somt- Pk A +6.*-L I afkalys. IT, 5v%erv4 :.?Si'. ubm fX i4avt LufaL &a I cc pw� dc U-L nu� "-V-L Cl ". U-,,L W.N cA an aeplc (44 waa a6�t� t1t 6C3 CL 4�6, /Xt U_am Uga Ujjj& 't, tktm-ar Lncwl� "4, � t�j. �j JYL r -a cCcuA 4c C�' Q . 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N ,a O (6 � a 0 1 0 r v 0 Z 5 J J O to CC)v o 0 0 0 n o 0 0 0 o� ZJ 00 0 0 0 c� o 0 0 O O 0 0 0 (n n) is o 0 Z 0' Z3 (D (o (o co ao V 1 1 1 o D D D 0 o 0 0 ry. j' cD v T O C O v CD rn N IN E -1 ORDINANCE NO. 697 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF "UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C2, RSF, GU AND HOLDING TO RESIDENTIAL, GENERAL (RG-2, MULTI -FAMILY), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 10.8 acre(s), said land being more particularly described hereinafter, from C2 (Commercial), RSF (Single Family), G.U. (Government) and Holding to RG-2 (Residential Multi -Family), which requests that this 10.8 acre(s) tract be removed from the boundaries of the above mentioned zones to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised zoning map as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA THAT: Section 1. The following described land, located in the City of Okeechobee, to wit: Unplatted lands in the City of Okeechobee on Parrott Avenue (see attached legal description) as a portion of Sections 21 and 22, Township 37 South, Range 35 East, County of Okeechobee be rezoned from C2, RSF, GU and Holding to Residential, General (RG-2, Multi -Family), amending the Zoning Map accordingly, providing for conflicts, severability and an effective date. Section 2. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on day of 1996. JAMES E. KIRK, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and final public hearing this day of , 1996. JAMES E. KIRK, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk E-1 ORDINANCE NO. 697 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA REGARDING THE REZONING OF "UNPLATTED LANDS IN THE CITY", AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C2, RSF, GU AND BOLDING TO RESIDENTIAL, GENERAL (RG-2, MULTI -FAMILY), AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 10.8 acre(s), said land being more particularly described hereinafter, from C2 (Commercial), RSF (Single Family), G.U. (Government) and Holding to RG-2 (Residential Multi -Family), which requests that this 10.8 acre(s) tract be removed from the boundaries of the above mentioned zones to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised zoning map as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY -1-1IE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA TIIAI': Section I. The following described land, located in the City of Okeechobee, to -wit: Unplatted lands in the City of Okeechobee on Parrott Avenue (see attached -legal description) as a portion of Sections 21 and 22, "Iownship 37 South, Range 35 East, County of Okeechobee. Section 2. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 5. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading ,_ .d set for final public hearing on _ lay of •19 James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed and adopted after second reading and fnal public Bearing this clay of , 19_ James E. Kirk, Mayor ATTEST. Bonnie S. Thomas, CMC, City Clerk E - 2 ORDINANCE NO. 698 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 6, ROYAL OAKS ADDITION, AS RECORDED IN PLAT BOOK 1 , PAGE 8, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTiNG'I'IiE CITY CLERK TO RECORD THE ORDINANCE IN TILE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OI{EECHOBEE COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIIE CITY COUNCIL OF TILE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: SECTION ONE: The alley or alleyway described hereaRer is hereby closed, vacated and abandoned by the City of Okeechobee, Florida, to -wit: A 15 foot wide alley in Block 6, ROYAL OAKS ADDITION, as recorded in Plat Book 1, Page 8, Public Records, Okeechobee County, Florida, more particularly described as that alley running North to South between Lots I to 10. SECTION TWO: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION THREE: This ordinance shall be set for final public hearing the 19TIl day of NOVEMBER, 1996, and sliall take effect immediately upon its adoption. Introduced for first reading and set for final public hearing this 15th day of OCTOBER, 1996. James E. Kirk MAYOR ATTEST: Bonnie S. Thomas, CMC CITY CLERK Passed and adopted on second reading and final public hearing this 19TH day of NOVEMBER, 1996. James E. Kirk MAYOR ATTEST: Bonnie S. Thomas, CMC CITY CLERK APPROVED AS TO FORM: John R. Cook, CITY ATTORNEY E - 3 OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 November 5, 1996 Mr. John brago City of Okeechobee 55 S.E. 3rd. Avenue Okeechobee, Florida 34974 Re: OUA Board Members Dear Mr. Drago: (941) 763-9460 FAX: (941) 763-9036 The past two years have gone by quickly and it is time once again for the City of Okeechobee to appoint 2 members to the Okeechobee Utility Authority (OUA) Board. The following members were appointed by the City Council on January 17, 1995. Steve Nelson James Minehan Frank Altobello 4 years 2 years 2 years (Alternate) Please advise the City Council of the need to appoint 2 OUA Board Members, one member for a 4 year term and one alternate for a 2 year term. Please place this item on your Agenda for appropriate action by the City Council. Thank you for your assistance in this matter. Sincerely, Landon C. Fortner, Jr. Executive Director E - 4 This Pre -Annexation Agreement ("Agreement") is made and entered into this day of , 1996 between and among the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("City"), WAL-MART STORES, INC., a Delaware corporation ("Wal-Mart") and ETTA MERLE HENDRY, as Trustee of the Etta Merle Hendry Revocable Trust Agreement dated December 5, 1994 ("Owner"). WITNESSETH: WHEREAS, Owner owns certain unimproved real property which is located in unincorporated Okeechobee County, Florida ("County") which is designated Commercial on the County's Land Use Plan and is legally described on Exhibit A attached hereto and made a part hereof ("Property"); and WHEREAS, the City desires to annex the Property into its municipal boundaries -- promptly initiate the process required by law to enact an ordinance adoptinv v annexation of the Property into the City, pursuant to Section 1711 ("Annexation"); and ` X WHEREAS, Wal-Mart has entered into a Purchase Contract with Own, .. _zje a site which includes property inside the municipal boundaries of the City as well as the Property and Wal- Mart desires to construct SuperCenter No. 814 and all site improvements and signage related thereto ("Store") on the site; and WHEREAS, in order to avoid having to obtain two (2) separate approvals from the City and the County, Wal-Mart desires the City to annex the Property into its municipal boundaries; and FTL:199232.3 WHEREAS, as an inducement to Owner and Wal-Mart to voluntarily petition and support the Annexation, the City has made certain representations to Owner and Wal-Mart regarding the approval of the Store on the Property, all as more fully described herein; and WHEREAS, the City has reviewed certain plans and specifleations related to the construction of the Store on the Property; and WHEREAS, the City is willing to enter into this Agreement pursuant to the authority of the Florida Constitution (including Article VIII, Section 2(b) and (m) thereof), the general powers conferred upon municipalities by statute and otherwise (including Chapter 166, Florida Statutes), and the City's Charter. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference, Any exhibits to this Agreement are hereby deemed a part hereof. 2. , - Owner represents and warrants to the City that Owner is the sole owner of all legal and equitable interest in the Property. Wal-Mart represents and warrants to the City that it is the contract purchaser of all legal and equitable interest in the Property. In accordance with the provisions hereof and subject thereto, Owner and Wal-Mart agree to support and cooperate with City's efforts to annex the Property into the City. 3. City agrees that the Annexation is expressly contingent upon the conveyance of the Property to Wal-Mart and written notice from the City of its approval of the site plan, signage plan and its intention to issue a building permit for the construction of the Store, notwithstanding that RTL,189232:3 2 certain terms and conditions contained herein shall take place prior to the conveyance of the Property to Wal-Mart and prior to the Annexation; and that if, for whatever reason, the conveyance does not take place, then this Agreement shall have no force and effect and the Annexation shall not occur. 4. The City agrees that the use of the Property for the Store, is an appropriate use of the Property, in that the portion of the Property presently within the City limits of Okeechobee is currently zoned Commercial and designated as Commercial on the Future Land Use Map and the Property presently within unincorporated Okeechobee County is zoned Commercial and designated as Commercial on the County's Future Land Use Map. 5. Upon annexation of the Property, the City shall, as expeditiously as possible, amend the City's Comprehensive Plan and Map to include this Property as Commercial and shall rezone the Property to the Commercial Zoning District which shall permit the Store contemplated by Wal- Mart. 6. City agrees that immediately following the approval of this Agreement by the City Council, the City shall concurrently and expeditiously process and review all plans and permits in accordance with the requirements of Appendix A to Chapter 19 (City Zoning Ordinance No. 402) as necessary for the approval of the site plan, signage plan and issuance of a building permit for the development of the Store. The City acknowledges that a copy of Wal-Mart's corporate design criteria for the Store has been reviewed by the City prior to this Agreement, and such design is acceptable to the City. 7. The City shall cooperate fully with Wal-Mart in obtaining any and all permits, inspections, and approvals for the Store, including, but not limited to, prompt issuance of the rrr,ile9231:3 3 building permit, timely inspections, and the prompt issuance of certificates of completion and occupancy for the Store. 8. This Pre -Annexation Agreement shall constitute a petition for annexation into the City subject to the terms and conditions of this Agreement. Upon execution of this Agreement by the parties hereto, the City shall immediately commence all actions necessary to fulfill its obligations hereunder and acknowledges that tune is of the essence. Upon conveyance of the Property to Wal- Mart, and written notice by the City of its approval of the site plan, signage plan and its intent to issue a building permit for the Store, the City shall promptly annex by ordinance, pursuant to the requirements of Section 171.044(2), Florida Statutes, the Property into its municipal boundaries. Upon annexation, the City shall immediately issue the building permit to commence construction of the Store. 9. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings among the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained, 10. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter, singular or plural, as the identify of the party or parties, personal representatives, successors or assigns may require. 11. City acknowledges that Owner and Wal-Mart are relying upon City's representations as to its authority to enter into and perform its obligations under this Agreement, and that the City has complied with all procedural and substantive conditions precedent to doing so. FTL:169232,3 4 12. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this Agreement. 13. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall together constitute one and the same instrument. 14. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held in Okeechobee County, Florida. 15. The obligations imposed pursuant to this Agreement shall run with and bind the Property as covenants running with the Property and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns, and a copy of this Agreement, at the option of Wal-Mart subsequent to the conveyance of the Property to Wal-Mart, may be recorded amongst the Public Records of Okeechobee County, Florida. 16. City agrees that, pursuant to the terms and conditions contained herein, Wal-Mart shall have, vested rights for the construction the Store. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above, CITY OF OKEECHOBEE, FLORIDA By. ATTEST: City Clerk , Mayor P'TL,189]32:3 5 WITNESSES; Print Name Print Name WAL-MART STORES, INC., a Delaware corporation By: Name: Title: E"I"1-A MERLE HENDRY, as Trustee of the Etta Merle Hendry Revocable Tnist Agreement dated December 5, 1994 Print Name By: Etta Merle Hendry Print Name F:Z:189232:3 6 FIRST AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE OKEECHOBEE UTILITY AUTHORITY BETWEEN OKEECHOBEE COUNTY AND THE CITY OF OKEECHOBEE, FLORIDA, THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT, made and entered into this day of 1996, by and between the Board of County Commissioners of Okeechobee County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "County," and the City Council of the City of Okeechobee, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City." WITNESSETH: WTIEREAS, the County and the City previously entered into that certain Interlocal Agreement dated November 10, 1994, whereby the Okeechobee Utility Authority was created; and WHEREAS, the Okeechobee Utility Authority has requested the County and the City to amend said Interlocal Agreement. NOW,' THEREFORE, for and in consideration of the premises and mutual agreements hereinafter set forth, the County and the City hereby agree that said Interlocal Agreement is hereby amended as follows: 1. Paragraph 4.10 of ARTICLE IV - AUTHORITY BOARD - on Page 17 of the Interlocal Agreement is deleted in its entirety. 2. Paragraph 7.3 of ARTICLE VII - BUDGET AND FUNDING - is amended to provide: 7.3. By May 1, 1995, and by May 1, 1996, and by September 1st of each year thereafter, the Authority Board shall adopt, by budget resolution, its tentative annual budget for the ensuing fiscal year, and shall forward copies of said tentative budget to the County and to the City. AFFIRMATION The County hereby affirms that, at a duly constituted meeting of the Board of County Commissioners of Okeechobee County, Florida, on the day of , 1996, it approved the terms of this First Amendment to Interlocal Agreement and the execution thereof by the County. ATTEST: By Clerk BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA By Ch ai rm an The City.hereby affirms that, at a duly constituted meeting of the City Council of the City of Okeechobee, Florida, on the day of , 1996, it approved the terms of this First Amendment to Interlocal Agreement and the execution thereof by the City. ATTEST: By City Clerk CITY COUNCIL OF CITY OF OKEECHOBEE, FLORIDA By Mayor 4.8. The alternates appointed in accordance with the foregoing Shall serve a term of two (2) years in duration, or until such time as such alternate's replacement has been appointed. In the event an alternate resigns, or is unable to continue to serve, the balance of the term of that alternate shall be filled in the same manner as provided in Section 4.2, 4.3 or 4.4 above, as applicable. 4.4• Authority Board members shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in Section 112.061, Flor_i.da Statutes. 4.10. Except as provided in Section 4.4 above, all decisions of the Authority Board shall require a four -fifths majority vote of the entire Board membership. 4.11. The Authority Board shall elect the following officers, who shall perform the following functions: a. A chairman, who shall preside at meetings of the Authority Board; sign as authorized by the Authority Board any contracts or other instruments which are deemed to be in the best interest of the Authority; and perform such other duties incident to the office as may be prescribed by the Authority Board. o. absence; Authority A vice chairman, who shall act and shall perform such other Board may delegate from time to in the chairman's functions as the time. C. year. If All officers shall any officer shall be elected for a term of one cease to be a member of the 11/7/74. 2i07 pm 17 r lien. and accrued interest may be foreclosed or otherwise enforced by the Authority by action or suit in equity as for the foreclosure of a mortgage on .real property. g. The Authority shall also establish a uniform policy concerning the termination of water service for nonpayment of fees, rates or charges as specified above. ARTICLE V11 BUDGET AND FUNDING 7.1_ The fiscal year of the Authority shall be the same as the fiscal year of the County and City. 7.2. The initial budget of the Authority, covering the period from the effective date of this Agreement through September 30, 1995, shall be as set forth in Exhibit "C". 7.3. By May 1, 1995, and by May 1st of each year thereafter, the Authority Board shall adopt, by budget resolution, its tentative annual budget for the ensuing fiscal year, and shall forward copies of said tentative budget to the County and the City. 7.4. The proposed budget contained in such resolution shall include all'' anticipated Capital and Uperational Expenses, and Administrative Costs of the Authority for all of its projects during the ensuing fiscal year, together with payments of principal and interest on all outstanding bonds, and sinking fund and reserve requirements. The proposed budget shall provide for expenditures only to the extent of funds legally available to the Authority for such purposes and reasonably anticipated revenues of the Authority 24 11/7/44, 2t07 pm mow,: RESOLUTION 96-5 E RESOLUTION TO LEASE EQUIPMENT Certified Copy of Resolutions and Certificate Pursuant Thereto Name of City: City of Okeechobee Address: 55 S.E. Third Avenue Okeechobee FL 34974 Chartered Under the law of the State of Florida I, the undersigned, hereby certify that'[ am the Clerk of the above named City (hereinafter called "this City"); that the following is a true copy of resolutions duly adopted by the City Council of this City at a meeting duly held on the 19th day of November, 1996, at which a quorum was present and acting throughout, and that such resolutions have not been rescinded or modified and are now of full force and effect: RESOLVED, that this City enter into an Equipment Lease to acquire 20 police cars to be purchased in the Spring of 1997 with SunTrust Leasing Corporation (hereinafter called "lessor") and that this City lease equipment from Lessor pursuant to the terms of such Equipment Lease; and that James E. Kirk be and hereby is authorized and directed in the name and on behalf of this City to execute an Equipment Lease with Lessor in substantially the forms presented to this meeting with such changes therein and additions thereto as shall be approved by the officer who executes the same, with such execution to be conclusive evidence that each such document so executed has been authorized and approved by this vote. FURTHER RESOLVED, that the Equipment Lease be designated "Qualified Tax -Exempt Obligations" within the meaning of S 265 (b) of the Internal Revenue Code of 1986. FURTHER RESOLVED, that the Mayor of this City be and each of them hereby is authorized to'0xecute and deliver such other instruments and take such other actions as he shall deem necessary and desirable for the purpose of carrying out the foregoing votes. FURTHER RESOLVED, that the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by Lessor and that receipt of such notice shall not affect any action taken by Lessor prior thereto; and FURTHER RESOLVED, that the Clerk of this City be and (s)he hereby is authorized and directed to certify to said Lessor the foregoing resolutions and that the provisions thereof are in conformity with the charter of this City. further certify that there is no provision in the charter of this City limiting the power of the City Council to pass the foregoing resolutions and that the same are in conformity with the provisions of said charter. further certify that the following are the names and official signatures of those persons authorized to act by the foregoing resolutions. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of this City, this 19th day of November, 1996. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk v E-7 Certificate of CotIlIty Canvassing Board State of Florida Okeechobee cmllll.�, We the undersigned, 130NNIE S. T110Hns (ACTING) , County Judge, JOHN A13NLY„_ R Ln(J ING� Sill" Visor of 1IeCtiolls, and cLIF BUTS, JR. Chairman of' the Board of County Coil inIssioners, constituting the Board of County Callvassel-S in and for said County, do liereby certify that we filet on the 501 day of November, A.D., 1996, and proceeded publicly to canvass the votes given for the several offices and persons Herein specified at the GENERAL ELECTION lield on the Fifth day of November, A.D., 1996 as shown by the returns on file in the Office of the Supervisor- of Elections. We do hereby certify from said returns as 1-011oNvs:- For President of the United Slates the whole number 01' votes cast was 10376 of Nvhicli number Bill Clinton and Al Gore (LENT) received 48211 votes Bob Dole and Jack Kemp (REP) received 3415 voles Ross Perot a►ul Pat Choate (REF) received ---L6-6-0 votes Marry Browne and Jo Jorgensen (1-II3) received _J-1 votes John Ilageliu and Vinton Douglas Tompkins (WRI) received p voles James Edward Harris and Laura E. Garza (WRI) received p votes Mary Cal Hollis and E. T. Chester (WRI) received p votes Ralph Nader and Islara I3oixados SOutO (WRI) received 0 votes For United Stales Representative Sixteenth Congressional District file whole number of votes cast was — GG78 _ _ of which number Jim Stuber (DEM) received 1792 votes Mark Foley (REP) received _ 4587 votes I United Slates Representative Twenty -Third Congressional District the ale llnnlbel" of votes cast was _'3698 of' which number ee L. Hastings (DEM) received 1983 votes KOUert Paul Brown (RLP) received 1399 votes Edward Lievens (WRI) received 4 votes For Slate Senator Seventcentli Senatorial District the whole number Of' votes cast was 3696 of which rlunlbel- Rick Dantzler (DEM) received 2209 votes Dennis A. Ross (REP) received 1258 voles For State Senator 'Thirty -Fifth Senatorial District the whole number of votes cast was 6680 of which number Tolls Rossin (DEM) received - (# 189 votes Anthony R. "Andy" N/lartin (REP) received _1895 votes For SHERIFF the whole number of votes cast was 10376 0. L. RAULERSON, JR. (DEM) received 4554 r" EDWARD A. MILLER (REP) received 5703 received _ receives] For SUPERVISOR OF ELECTIONS of which number votes votes votes votes the whole number of votes cast was t0376 of which number C14ENDOLYN R. CHANDLER (DEH) received 7260 votes ARLENE MORRIS (REP) receive(] _ 2777 voles received votes received votes F O I" _ the whole number of votes cast was of which number receives] votes received voles received votes received votes F O I' the whole number of votes cast was received received received received Foi of -which number votes votes votes votes the whole number of votes cast Nvas of which number received votes received votes received voles received votes For the whole number of votes cast was of which number received votes received votes received votes received votes For the whole number of votes cast was — of which number received votes received votes received — votes received votes For Member, Board Of COL111ty Commissioners, District ONE the whole number of votes cast was 10376 of which number DAVID E. HAZELLIEF (DEM) received 6301 votes THOMAS R. MURPHY (REP) received 3683 votes received votes received votes For Member, Board of County C01r]►miSSionel-S, llistrict FIVE the whole number of votes cast was l_ oC which nurllber CLOTS J. HARVEY (DGP) received _ 6708 votes EVERETT F. SEARS (REP) received 3186 _ votes received votes received votes For Member, Board Of County Commissioners, District the whole number of voles cast was Of which number received voles received voles received votes received votes For Member, Board of COL111ty Commissioners, District the whole number of votes cast was of which nu►uber received votes received votes received votes received votes For Member, Board of County Commissioners, District the whole number of voles cast was of which number received voles received votes received votes received votes For Member, Board of County Commissioners, District the whole number of votes cast was of which number received _ votes received _ votes received votes received voles For Member, Board of County Commissioners, District the whole number of voles cast was received received received received of which Humber votes votes votes votes r' i For OKEECHOBEE CITY COUNCIL (VOTE FOR 'TWO the whole number of votes cast was of which number r xrltlt received 739 votes — IArtFS -- LOWRY MARKIIMI l ece1 Ve(l _7 74 _ voles MICHAEL O'CONNOR — ICCCivecl 687 votes JIM TIIREEWITS Ieceive(l 593 voles xXXXXXXXXXXXXX Kt�IfiihW >~ili�xi�hixii xyAxg crt)lXJfix�x:t9ctKx�' x xxxxxxxxxxxxxxxxxx tx xvcNkcxlxxi�xctll��K JERRY E. WALKER received 371 voles received votes received _ votes received votes l'or the whole number of votes cast -was _ of which number rcccive(l Votes received _ votes _ lecelvc(l _—_ __ votes Icce1VC(l ___ Votes For _ the whole number of vote's cast was Of W111C1r I1U111ber received — votes leceived votes T _ received __ voles _ received voles ACTING County Judge IIONNIE S. THOMAS ACTING Supervisby-of L1 ctiolls CliairmaN, Board of(Lou CLIF BETTS, JR. Total ballots cast in Okeechobee County was 10376 percent turnout. JO11N (JNEY , SR. Commissioners for a 58 ]a- SOL V RON NO. 966 VVXIIs'REAS, the City Cornrcil t f file City c f Okeechobee, Florida, has received the canvassed returns o f the City General Elcctior► held Noven►bcr S, 1996; and WHEREAS, Lowry Markham and Jctrries E. Dirk received the highest number of votesfor City Councilmen. NOW THEREFORE, BE I;I' RESOLVED, that Lowly Markham and fames E Kirk be, ar►d tliey are hereby declared elected its City Councilmen and shall hold office for.four (4) years'i-orn the first Aloncdcty in Jariita►y follurving the City General Election and until their successors are elected and qualified its provided by the City Charter, Section 10. BE IT ,FURRIER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. PASSED AND ADOPTED in regular session this 19th day of November, 1996. James E. Kir•k Mayor AI I CST: Boriuie S. Thomas, C111C City Clerk Approved as to forni: John R. Cook City attorney E-9 RESOLUTION 96-7 RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY LANDSCAPING MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA 1)EPAR'I'MENT OF'I'IZANSPORTATION AND PROVIDING I:OR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Okeechobee is very concerned over the appearance of median islands, interchange areas within the corporate limits of the City of Okeechobee; and WHEREAS, the City Council of the City of Okeechobee after discussion with the Department of Transportation of the State of Norida, believes that it can better perform the maintenance of the landscaping in those areas; and WHEREAS, the Department of'Transportation of the State of Florida, has agreed to provide funds in the amount of Twenty Eight Thousand Eight I lundred Eighty Dollars and Twenty -Eight Cents ($28,880.28) per year for a period of one (1) year for the City of Okeechobee to maintain and said landscaping; and WHEREAS, the City Council believes such an agreement to be in the best interest of the citizens of the City of Okeechobee. NOW, THEREFORE, be it resolved that the City Council of the City of Okeechobee, does hereby authorize the Mayor to execute an agreement entitled "Highway Landscaping Maintenance Memorandum of Agreement" between the City of Okeechobee and the Florida Department of Transportation, agreeing to maintain the landscaping in median islands, interchange areas and rights - of -way described in said Agreement in exchange for the payment of Twenty Eight Thousand Eight Hundred Eighty Dollars and Twenty -Eight Cents ($28,880.28) payable at Seven Thousand Two Hundred and Twenty Dollars and Seven Cents ($7,220.07) per quarter for a period of one (1) year. 'Phis Resolution shall take effect on the 19th clay of November 1996. Adopted this 19th day of November, 1996. CITY OF OKEECHOBEE James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk E-10 RESOLUTION 96-8 A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (US 441) BETWEEN S.W. 7TH AND S.W. 8TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas within the Department of Transportation, State Road 15 (US 441) between S.W. 7th and S.W. 8th Streets right-of-ways are capable of receiving and sustaining landscape beautification features; and WHEREAS, the City Council desires that the City of Okeechobee participate in the beautification of this highway's roadside areas within the City of Okeechobee through landscape development; and WHEREAS, the Okeechobee City Council intends, by the adoption of this Resolution, to authorize the Mayor, to enter into a Landscape Installation and Maintenance Agreement between the City of Okeechobee, Florida, and the Florida Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE OKEECHOBEE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA: Section 1. The City Council hereby authorizes the Mayor to enter into a Landscape Installation and Maintenance Agreement between the Florida Department of Transportation, pertaining to the roadside areas between S.W. 7th and S.W. 8th Streets within the City of Okeechobee, Florida. Section 2. The Mayor for the City of Okeechobee, Florida, is hereby directed to forward two certified copies of this Resolution to the Florida Department of Transportation, Sebring, as a condition for receiving a Department General Use Permit. Section 3. This Resolution shall take effect immediately upon adoption. ADOPTED by the Okeechobee City Council of the City of Okeechobee, Florida at regular meeting assembled this 19th day of November, 1996. JAMES E. KIRK, MAYOR ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED AS TO FORM AND CORRECTNESS: John Cook, City Attorney RESOLUTION 96-9 A RESOLUTION OF THE CITY OF OKEECHOBEE, AUTHORIZING THE MAYOR TO ENTER INTO A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING LOCATED ON A PORTION OF STATE HIGHWAY 15 (US 441) BETWEEN S.W. 10TH AND S.W. 12TH STREETS WITHIN THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, many roadside areas within the Department of Transportation, State Road 15 (US 441) between S.W. 10th and S.W. 12th Streets right-of-ways are capable of receiving and sustaining landscape beautification features; and WHEREAS, the City Council desires that the City of Okeechobee participate in the beautification of this highway's roadside areas within the City of Okeechobee through landscape development; and WHEREAS, the Okeechobee City Council intends, by the adoption of this Resolution, to authorize the Mayor, to enter into a Landscape Installation and Maintenance Agreement between the City of Okeechobee, Florida, and the Florida Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE OKEECHOBEE CITY COUNCIL, CITY OF OKEECHOBEE, FLORIDA: Section 1. The City Council hereby authorizes the Mayor to enter into a Landscape Installation and Maintenance Agreement between the Florida Department of Transportation, pertaining to the roadside areas between S.W. 10th and S.W. 12th Streets within the City of Okeechobee, Florida. Section 2. The Mayor for the City of Okeechobee, Florida, is hereby directed to forward two certified copies of this Resolution to the Florida Department of Transportation, Sebring, as a condition for receiving a Department General Use Permit. Section 3. This Resolution shall take effect immediately upon adoption. ADOPTED by the Okeechobee City Council of the City of Okeechobee, Florida at regular meeting assembled this 19th day of November, 1996. ATTEST: Bonnie S. Thomas, CMC, City Clerk APPROVED AS TO FORM AND CORRECTNESS: JAMES E. KIRK, MAYOR John Cook, City Attorney T I. a October 31, J 996 City of Okeechobee 55 SE Third Avenue Okeechobee, Florida 34974 Attention" Mr. Chuck Elilcis, Director of Public Works Re: City of Mcechnbee. Driiw Request No. 4 From K L1 K Con5tutiction, Inc. 'For Sidewalk Improv enicnts City of Okeechobee. Cuuti-mA No. P\V 02-00-03-961M I,.N.&A. Project No, 94-282 Dear Mr Elders: • -- wson, NO011e3 at Assoclatee ENGINERss • PLANNERS • SURVEYORS This Ictici is to ccrtiry that Lawson, Noble R Assuclmv.s (LNA) has reviewed the attached invoice Application No. 4, dated October 23, 1996 fiom K & }{ Construction, Inc. for quantilics and )lint licmatical accuracy and find it correct for the amount of work performed. Based upon this information Nve recunlnlend payment of the AMOUNT DUE THIS APPLICATION of $7,862.69 Please note that. the 10°o retainMge is being trlcascd. IIONYcvcl, attached is a letter flom K & K Construction assU6119 the completion of the remaining wot k. If further explanation is Deeded or it' 1 can be of furthe..r assistance, please call. Singly, Christoph J. Kufe�r. Nr(_ject Manager CJK/dsk Enclosure cc: Steve Vandersluis, LNA ;+1'1)", AV.).2 2U.0 41 Lawson, Noble & Associates • 590 N.W Peacock Ulvd , Sulte 9 • Pori St. Luclo, FL 34986 • PN.(407) (178-1700 • FAX (407) 878.1802 Lawson, Noble & Webb, Inc. • 420 Columbia Drive • West Palm t3t'ach. FL 33409 • PN.(407) 884.6006 - FAX (407) 084.1812 APP CATION FOR PAYMENT tl 4 TO: Cety crr Okeechobee CONTRACT FOR: Sidewalk lntprovements OWNER'S PROJECT Is PW 02 00.03.96 RB ENGINEER'S 1`ROJE, CT # 94-28Z For work accomplished through the date of: October 28, 1996 We reyucsl paytttent fhr the followingrnp c.oVwd work; 1�l1��11 -- ■Ir�A„��wr."�� Item ___-- c:oittract Complefcd Quantity (?tunfitty 6W sth Avc 1 4" Sidcwalk CQrwuuction 911 SY 791.2 2 6" Sidewalk COttstniction 41 SY 72.5 3 6" Driveway C'mAtrttc6on 41 SY 33.9 4 Site Raator.60tr, Gretb14 1822 SY 1822 1 4" 5ukewalk Colut uction 2 6" Sidewalk Cottstruction 3 6" 13rivcway Con9ruo60n 4 Site RmtorAfion, C.12'Aodng 1 4" Wow& Construcdon 2 6" Sidewalk Construotion 3 6" Driv"ity Cansuuctlon 4 Site Restoration, Grming 1 4" Sidewalk Construction 2 6" Sidcw lk Construction 3 6' Dtivtwgy Constrm6on 4 Slta Raatoradon, Grassing Unit Ptice SY g. $15.20 Si' (@ $20.10 SY a S19.55 SY W.75 RW 21 nt Street 891 SY 697.1 :JY rid? 31 SY 4U.8 SY L 24 SY 16.9 fiY 1782 SY 1552 SY c(� SW 3rd Ave I(M3 SY 916,6 157 BY 161.4 4U4 S Y 273.5 2006 SY 2006 F-xtention per SY = $12,026.24 per SY - 51,457,25 ptx- SY - $662.75 per SY = S1,366.50 Suhintal• S15,512.74 516,20 per NY S 1 I'L96.26 S20.10 m �9Y = $820.08 S19.55 per SY $330.40 $0.75 per 3A' = $1 164.00 9ubtoW: 309610.14 sY © S15.70 SY �U, 520.10 SY (4) S)9.55 SY 0 W.75 NW 9th Street 294 SY 238.2 SY (� 18 SY 52.1 SY 18 8Y 27.1 SY 588 SY 588 SY is per SY $14,390.62 per SY = $3,244.14 per SY = $5,346.93 par SY =� $1 60�4.S50 Subtotal; 5Z4,486, 19 S1 S.70 peer SY $3,620.64 $20.10 per SY $1,167.81 $19.55 per SY = $529.81 $0.75 per SY = S441.00 Subtotal: $5,759.2ti NW 9t11 St,-cct, Change larder pl 1 4" Sldowalk Constructiun 231 SY 248.5; 61' (al S15.20 2 6" Sidawalk Construction 18 SY 6.4 SY 4� - 7?n 10 3 6" Drivmay Catutrurtion 18 SY 3.2 13Y @ $19.55 4 Site R oloration, Grassing 458 9Z' 458 SY t0 S0.75 Additional Charget 1 SW 21 Street, Grading, )✓'orm1r& & Stripping Forma 3 SW 3rd Avc., Romab111Lxtiun fur Drfveways 3 Firy StallM C;oorduution & Sawcutting per SY r $3,783,28 per SY = 317$.64 per SY - $62.56 pot SY S343.50 Subtotal: S4,317.98 SIs34.00 S200.00 5325.00 $1,359.00 GGruaa Amount Uuc: SdS,V45.�1 Lots 10% RoWnege, $0.00 mount Due to Date: S631045.91 Ltw Pr-tvtou-s Payments: $57 183.22 AMOUNT DUE THIS APPLICATION $7,862.69 Tlw urrdcrsigncd CONTRACTOR cettlllos that: (1) all previous progress paymetm rocatved from OWNER NELe on account of Work done under the contract roftmzd to above have been applied to &4charge in fill All obliptions of CONTRACTOR incurred in r,t,ruicction with Work w=cd by prior Applications ibr Paymcttt numbcrcd i through 3 inclusivc; (2) title to all Wort,,, tnnlctials and equipmunt i iwlpvralcd ut said Work or odtcn`ise lislcd in or covered by this Application for Payment will pass to OWNER at time of payment fzee and clear of all lieru, CMilt, security inlcr=t and tneumlirmmn ( except airch nn are c.nvered by Bond scc�table to OWNER ind-.rnniCyklg OWNER against any such fits, claim sccurity intcrest or incumbrancc) ; and (3) all Work c•ovcrcd try this Application for Payment Is in accardattce with the Contract Documents and not "delecthv" as that tetnn is defltud in the Contract Dmi menis. K & K Constr uctlort, Inc. CONTRACTOR Ken Hart K & K Cmistruction, Inc. P.q. 131Ox 6V Okeechobee, FL 34973 (941) 467."67 Florida Licensed Genorvl Contrrator NCp C05448e October 30. 1996 Mr'. Chris Kafor, P.E. LaW5on, Noble & Wdbb, Inc. 590 NW Peacock Blvd, Suite 9 Port St. Lucie, FL 3498ti Re: City of Okeechobee Siduwalk Improvements Dear Mr. Kaf©r, As per our ucxiversation. this letter is to clarify our completion dates for the abovo referenced project. Wo will complolo the item4 listed on our yuule of extra Items by December 31, 1996. We will be available In complete the atea in front of Mro. 6ryent'3 home until June 1, 1907. If you noed more information please contact me at your convenlenr4. and thank you. r5inoer ly, en Hail ProSident E-13 inn October 21, 1996 City of Okeechobee 55 SE Third Street Okeechobee, Florida 34974-2932 ATTN: Mr. Charles Elders, Director of Public Works RE: Street Improvements for 1996/1997 Budget L-,N.& W. Proposal N4 B96-023 Dear Mr. Elders: Lawson, Noble & Associates ENGINEERS • PLANNERS • SURVEYORS As requested, we have prepared this proposal for Engineering, Design Surveying and Construction Engineering and Observation. The projects included in our proposal are as follows: NW 5th Avenue (Between NW 9th Street and NW 12th Street) NW 12th Street (Between NW 5th Avenue and NW 7th Avenue) NE 13th Street (441 east to 20 feet past last drive) NE 12th Street (441 east to 20 feet past last drive) NE llth Street (441 east to 20 feet past last drive) NE loth Street (441 east to 20 feet past last drive) NE 2nd Avenue (NE 5th Street north to Dead End) NE 5th Street (NE 5th Avenue east to 20 feet past last drive) NE 5th Avenue (Between NE 3rd Street and NE 4th Street) NE 6th Street (NE 6th Avenue east to Dead End) NE 4th Street (NE 6th Avenue east to Dead End) NE 3rd Street (NE 7th Avenue east to Dead End) NE 3rd Avenue (NE 7th Street north to Dead End) SE 6th Avenue (at SE 7th Street and SE 6th Avenue) Misc. Resurfacing of Roadways Our proposal would be for a lump sum of $ 39,860.00 for the Engineering, Design Surveying and Construction Engineering and Observation for the above mentioned projects. Should you have any questions regarding the above, please do not hesitate to contact this office. Y, ciristophe . Kafer,/Tr Vice President CJK/dsk Lav��on, f�bg, & Associates • 590 N.W. Peacock Blvd., Suite 9 •Port St. Lucie, FL 34986 • PH.(407) 878 1700 •FAX (407) 878-1802 Lawson, Noble & Webb, Inc. • 420 Columbia Drive • West Palm Beach, FL 33409 • PH.(407) 684-6686 • FAX (407) 684-1812 4TH AVENUE E-14 110 HEARTS OF HOSPICE, INC. ARTS AND CRAFTS FAIR V) FLAGLER PARK, OKEECHOBEE FRIDAY & SATURDAY, THANKSGIVING WEEKEND k h m -o o � m CID z pa /au 4) N w N Al w I V w r �W 0 O cn m S E D N JRD A NUE <::ZT 9 FG� E - 15 November 14, 1996 John Drago re: City LDR's Dear John: We are at the point that we need to proceed with the adoption of the LDR ordinance, but consider the following: 1. As we have discussed, this ordinance would be the ideal place to insert zoning hearing procedures for the council, particularly the es parte communication provisions of the statute, which became effective October 1. The City attorney convention in July, 1996 stressed that such a procedure should be included in every City, and would serve to protect our interests in the event a zoning or land use question were ever appealed to the court system. 2 The LDR's set out zoning districts which are not compatible with our present zoning map, and we really have not addressed just how we plan to amend our map to be consistent with the ordinance designations. 3. Although I do not know all the details, you advise the recent amendments to the telecommunications act should also be addressed in the LDR's. Rather than adopt right now and have to amend the ordinance one or more times in the near future, I would recommend that you suggest the city council to workshop these questions, so we can add these provisions. However, I would strongly recommend in the interim that the council adopt the old city zoning ordinance and procedures, (orange book) so that we have in place, until repealed by the LDR ordinance, he appropriate codes and procedures on which the public can rely. JRC City at ney ORDINANCE NO. 699 AN ORDINANCE OF THE CITY OF OKEECHOBEE ENACTED PURSUANT TO THE PROVISIONS OF CHAPTER 166.041(3)(B), FLORIDA STATUTES, WHICH ORDINANCE RE-ENACTS THE PROVISIONS OF CHAPTER 19, CODE OF ORDINANCES; WHICH ADOPTS A ZONING CODE; WHICH SETS FORTH PROCEDURES FOR REZONING OF PROPERTY; WHICH ESTABLISHES A BOARD OF ADJUSTMENT AND APPEALS; WHICH ESTABLISHES A BOARD FOR ZONING, PLANNING & DEVELOPMENT; WHICH PROVIDES FOR A DATE OF TERMINATION; WHICH PROVIDES FOR SEVERABILITY; AND WHICH PROVIDES AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee repealed the provisions of Chapter 19, Code of Ordinances in 1985 for the purpose of transferring all control of building and zoning functions to Okeechobee County in a combined department; and WHEREAS, the governing bodies of the City of Okeechobee, and Okeechobee County determined in 1996 that they would no longer co-operate in a joint venture of combined building and zoning departments, and all right, responsibility and duties for building, zoning and planning functions for the City of Okeechobee was returned to the City effective February 1, 1996; and WHEREAS, the City of Okeechobee is in the process of reviewing and adopting a unified Land Development Regulation pursuant to the provisions of Chapter 163, Florida -Statutes, with an expected adoption date in the latter part of 1996; and WHEREAS, until the adoption of the Land Development Regulations the City of Okeechobee does not have in place a formal written zoning and planning ordinance to guide these functions for the citizens of the City; and WHEREAS, due to ongoing projects in the City of Okeechobee and expecting that zoning and planning functions will be necessary prior to the time that formal Land Development Regulations are adopted, that this ordinance be adopted on an interim measure in order to protect the welfare of the citizens of the City of Okeechobee from unplanned or unregulated zoning, planning or building projects; it is accordingly: APPROVED AND ADOPTED BY MAJORITY VOTE of the City Council, Okeechobee, Florida, the following: CHAPTER 19, CODE OF ORDINANCES Sec. 19-1. Re-enactrnent of city zoning regulations. (a) Pursuant to agreement of the governing bodies of the City of Okeechobee and Okeechobee County, Florida, all right, responsibility and obligation for zoning and planning functions for the City of Okeechobee rest with the City Council for the City of Okeechobee, Florida. (b) That it is herein adopted and incorporated herein by reference, as the interim zoning and planning and enforcement regulations for The City of Okeechobee, Florida, the 1984 zoning regulation of the City of Okeechobee, being the original Appendix A to Chapter 19, also known in the City as the "orange book" of zoning and planning regulation. Sec. 19-2. Establishment of board of adjustment; planning board. (a) Pursuant to the provisions of sections 13 and 14 of Appendix A, a board of adjustment and a board of planning are established, to be administered as set out in said Appendix. (b) Contrary to the provisions of section 17 of Appendix A, the zoning administrator for this interim period shall be designated to be the City Administrator, who shall fulfill all duties as zoning administrator as set out in the regulations. Sec. 19-3. Conflict with Chapter 163. (a) Nothing herein shall be construed to conflict with Chapter 163, Florida Statutes, and anything within Appendix A in conflict with said Florida Statute shall be subordinate to the provisions of the State Statute, and the Southern Building Code is adopted as the interim comprehensive building code for use by the City in the application and permit process. (b) Nothing herein shall be construed to conflict with the existing comprehensive plan, and future land use map, and amendments thereto, enacted by the City of Okeechobee under the provisions of Chapter 163, Florida Statutes, and this ordinance shall not amend any existing zoning classifications or uses. Sec. 19-4. Sunset provision. (a) This ordinance is designated to be an interim regulation for zoning, planning and building functions within the City of Okeechobee, Florida, and shall be repealed by the adoption of formal Land Development Regulations by the City of Okeechobee, Florida pursuant to Chapter 163, Florida Statutes. Sec. 19-5. Severability. (a) If any provision of this ordinance of Appendix A incorporated herein are determined to be invalid or unenforceable for any reason, the remainder thereof shall remain in full force and effect. Introduced for first reading on the 19th day of November, 1996. JAMES E. KIRK, MAYOR ATTEST: BONNIE THOMAS, CMC, CITY CLERK Adopted after second reading and second public hearing on tlie__ day orDecember, 1996. JAMES E. KIRK, MAYOR ATTEST: BONNIE TIIOMAS, CMC, CITY CLERK FROM: CITY OF OKEECHOBEE MEMORANDUM Mayor and City Council DATE: November 15, 1996 SUBJECT: AGENDA ITEM 15 John J. Drago, City Administrator Item No. 15 on your agenda is a discussion regarding the memoranda the City Council previously received from Fire Chief Tomey. Please bring these memos with you to the Meeting of November 19. If you need another set, please contact Nina. Thank you. CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: August 14, 1995 llilP&H THRU: FROM: Chief Tome457-- SUBJECT: New Equipment and Secretary For the past several years, I have asked for new equipment and it has never been funded. I am asking for the new equipment again in this years budget. I would suggest to reduce the number of pieces of apparatus from four to three. If you decide to purchase all different apparatus. The three pieces of apparatus I am recommending could better serve the citizens of the City of Okeechobee. Reduce to one class A pumper. One Aerial ladder truck. One tanker truck with 1,500 capacity with a mid -ship pump. 1. One class A pumper fully equipped with all new equipment. A- A custom Class A pumper with a 750 to 1,000 gallon water tank and a 1,000 to 1,250 gallon pump and all new equipment. The price range would be $190,000 to $220,000. A custom Class A pumper would give the City a good twenty years service of more. B. A conventional Class A pumper with a 750 to 1,000 gallon water tank and a 1,000 to 1,250 gallon pump and all new equipment. The price range would be $120,000 to $180,000. A conventional Class A pumper should give the City about fifteen years of service. Here a few of the differences between a Custom and Conventional chassis: The wiring on a conventional chassis is not as heavy gauge as when they build a custom chassis as conventional would not have amount of lights as on a custom chassis. The drive train on a custom are built for a fire truck with quick start and stop which are required in the fire apparatus. The transmission on fire apparatus are specially designed for the type of use required on fire apparatus. 3. The suspension system of a custom are designed for the weight of fire apparatus which is the same all the time and not like the conventional chassis which does not have weight on the suspension system all the time. , These are some of the differences between the custom and conventional chassis 2. We would like to add some type of aerial ladder truck to the City Fire Department. We now have structures in the City that are above 70 feet in height. The only safe way to rescue a person a from this height is with a ladder truck. The ladder should have a prepiped water system to the top; and prepiped air system also to the top. We do not believe the City needs to purchase a new ladder truck but should they purchase a good ladder truck it could last the City for at least the next ten to fifteen years. A good used ladder truck would cost $100,000. - $170,000. We would also recommend the purchase of a new fifteen hundred gallon tanker with a mid -ship pump. The tanker would be used to supply water where the City fire hydrant and water mains can not supply adequate fire hydrant protection. The cost of a tanker would cost $80,000. - $100,000. The Class A pumper and the Ladder Truck will have at least a four person cab and the tanker will have two person cab so these will meet the new requirements. I have, for the past several years, requested a part-time secretary. To date this has not been funded. But once again I would like for this to be considered in this years budget. I would like to work with the Okeechobee High School Program to use someone to fill this position. They would be able to work from noon until 5:00 each day. CITY OF OKEECHOB E MEMORANDUM TO: Mayor & City Council THRU: John Drago, Administrator THRU: '- FROM: Keith Tomey, Fire Chief'y7---*' DATE: July 30, 1996 SUBJECT: Equipment On July 16, council meeting, the City Administrator presented a plan to the City Council. The City Administrator commented that if you would implement his plan there would be no capital outlay for the next several budget years. Last year I asked for the City Council to start replacing the equipment in the City Fire Department. I have sent to the City Administrator, for the past six years, in the budget which is sent to him asking for permission to start the replacement cycle. The answer was always the same the council wanted no capital outlay. I would ask you not to tie the hands of the Fire Department by not having no capital outlay for the next few years. This is in reference to the 100,000.00 dollars which the City Administrator wanted to move from the Fire Department budget to the Police budget. I would like to suggest that 23,000.00 be held over to purchase the equipment or let the Fire Department purchase equipment in this years budget. If we were to purchase the equipment this year the City would not have to finance this amount and the equipment would be here when the new fire truck arrived. At that time the delivery person could install the equipment while they where still in the City. If we wait until the money is borrowed then it could take another 30 to 60 days for the equipment to come in and.the firefighters or the City Mechanic would install the equipment. The equipment the City now owns is fifteen to twenty years old. I would like to think if we spend 227,000.00 for a new truck you would want as much new equipment as possible on the new truck. The police department needs new radios as does the fire department. The radios were something I was going to wait for, but I think it would be a better business to purchase all the radios at the same time. The last time the City purchased radios they were all replaced at the same time. The fire department has not been asked if we need the radios replaced. Some parts of the communication system of the City over twenty years old and was hand made by Daves Communication. Was there a committee formed to see what type of radios the City needs or was it a one person decision? The fire department has had problems with the radios we now have because of vibration they receive in the Fire Truck. e e departments ear I asked to replace the two computers in the stACE In th fir budget for thi y p p since they are slow and out dated. With the new fire truck and trying to update this department to the 21st century we need to keep capital outlay. If the city is going to buy new computers then we need to replace all the old computers and update as they did in city hall last year. The funding for the new computer and radio equipment could come out of the true up money from the OUA, as I have been told there is over 430,000.00 which could be spent for this equipment. The taxes would not have to be raised and the City administrator could still due as he wanted. Before the last Council Meeting I asked the City Administrator how the City Council was paying for the new fire and was told by S&H green stamps. The City Administrator state he had no idea what was going to be discussed at the council meeting. I was not consulted about the moving of the money. I believe the communication system of the city needs to be replaced and the computer needs to be update as this will save time and money in the future. NOW k,AW OFF ICES Mut-S-E.R, MmTz, KoprdREICH, CAICIVfr -, 1 i CASEY, CRQS(,A,ND LS BRAMNiCK, P.X DAVID V, Ki,)WJQrLir_M $L.IITY 11500, FIRST UNIhN FINANCIAL CENTER MICHAEL W. CAnEYI III JAMF.S c. cool-LA.NU 2170 SOUTH SISCAYNE BOULEVARD JAMES 9. 8"7A.FANIC:K MIAHI, FLORIDA 33131-2338 PAUL C. HE!Cedf,NN 30ROON O. FOOF.RS MIAMI t305' 1098-5500 JOIAN O. �:,PCIJDA B pCJwAgv t95a7 522 -09Q3 C A.RMF,M S. JOH N'SOI'J JEFFREY E. N44.N4EL TCUVAK (30SI .379-3PO2 CENISE M. H1 tK1N ANUREW K. WILLIAMS OONPIA M, G-C MARA PAUL T. RYOFR, Ja, FPANK H. HE.NAY RICHARD V. TI,SCHMAN TERESA A. HCRRMANN KELLY CHE<,Rr NEIL F. MCGUINNESS AONWE S. CAPTER MARY /,. LYTLE BENTON N, 'WOOD GRAIG R. ANNI IATA November 19, 1996 MELISSA B. MF.DRANO MARLENE O!IINTANA Mr, Michael O' Connor Councilman City of Okeechobee 55 Southeast Third Avenm..e Okeechobee, Florida 34974-2932 Re: NFPA 1500 Dean: Mr. O'Connor; KAti %_. HULLER 11924-1977; HKROCRT e, MINTZ (182a-19931 J'JSEPH A. CALDWELL (1023-1008) OEBRA A. ABBOTT (ICS4-1099" ORLANOO OFFICE 4UITC ISES, CIT'NUS CGNMR 259 SOUTH ORANGE AVENUE ORt,ANDO, FLORIDA 3%801-3415 TELEPHONE (407; 843 - 1400 TELEFU( (407) HA3 - 1410 V I A FACSIMILE This letter is in, response to your request for azx rJpiniori as to certain provisions contained in the standards promulgated by the National Fire Prevention Association ("NFPA"). A�parent'l.y, your Fire Chief has brought to the City's attention a proposed amendment to NFPA 1500, as follows; 1. Add the followiiig new definition to Section 1-5; W<�xi� ng_S,truc uYa1, wFirwe. .Any f ire that requires the use of. a 1 1/2 inch or larger fire attack hove line and that also raquires the use of self-contained breathing apparatus for members entering the hazardous area. 2. Add the following new 6-4.1,1* and A-6-4,1.1 to read as follows; 6-4.1.1W At least four members shall be assembled before initiating interior fire fighting operations At a working structural :dire. All fire fighting operations shall be conducted in accordance with 6-4.3 and 6-4.4. M cm Mr.. Michael C'Courior November 19, 1996 Page 2 _k'xc-e,at. f on.: II f , upon arrival at the scene, members find an Mtnminent life -threatening situation whe�:e immediate action may Prevent the loss of life or serious iz:jur'y, such action shall be permitted with less than four persons orl the .scene, when conducted in accordance with the provisions of Section 6-2. A~ 6-4 . 1 • 1 The assemb:l.i.rij of four members for the initial fire attack can be accomplished in many ways [including the use of the Fire Chief] . The fire department should determine the manner in which it plans to assemble members in its response plan. The four members assembled for initial fire fighting operations can include any combination of members arriving separately at the incident. Members who arrive on the scene of a working structural fire prior to the assembling of four persons may initiate exterior actions in preparation for an interior attack, These way include, but are not limited to, actions such as the establishment of a water supply, the Shutting off of utilities, the placement of ,ladders, the laying of the attack line to the entrance of the structure, or Exposure protection, If members are gc t -g to initiate actions that would i.nvnlve entering of structure because of an imminent life -threatening situation where immediate action may prevent the logs of life or serious injury, and four members are not yet on the scene, the members should carefully evaluate the level of risk that they would be exposed to by taking such actions. If it is determined that the situation warrants such action, incoming companies should he nota.fied so that they will be prepared to provide necessary support and backup upon their arrival. Suwh action is intended to apply only to those rare and extraordinary circumstances when, in the members professional judgment, the specific insurance requires immediate action to prevent the loss of life or serious injury and four persons :have not yet arrived on the fireground. 'Iwo observations should be made, First., the above -quoted language is a p.Xrppased amendment, We have been advised that it has not been adopted by the NFPA. Moreover, the NFPA, is not a federal, or state statute or regulation itself, nor does it have the authority to legislate statutory provisions or regulations. The NFPA is an "industry" organization concerned with safety find health issues relating to fire departments. However, this letter is in no way intended to assure you that adherence or non -adherence to the above -cited provisions or other NFPA provisions, albeit voluntary, could not arise as an issue in litigation resulting from a fire incident. This letter merely communicates to you that the NFPA does not specifically require what we understand the Fire Chief to have asserted, I-Aw QF►1ICF5 MUL%,ER, MINTZ, KORNRFACH, CALOWVL%w CA3EY, CROSLANCI i BRAMNICK, RA, IIUV- I C) %00 M mr, mixiiael O'Connor Novefflt'lf-!r 19, 1996 Page 3 I trust t1hat the faregoiiig adequ cite 1 y addresses your concerns. 1, f you have any further questions, or wish to discuss this matter in further detail, please do not hesitate to call. [Origirial sent via U.S. lvla.ill 5incerely, ,t('James C. Crosland jC(:6 15 s; V/ f:,. LAW OP VICES MULLER, MIrITZ, ICaNREICH, CASEY, CROSL-AND 6 E!"AMMICK. -A. CITOF OKEECI-IOE E MEMORANDUM TO: Mayor Kirk and City Council THRU: THRU: FROM: Keith Tomey, Fire Chief DATE: August 23, 1996 SUBJECT: Three year plan This is how I think the equipment should be replaced and where I feel this department should be before the year 2001. 1996/1997 Budget Year Replace Engine No.5 (GMC) with the new hire truck the city ordered this past year. Engine No. 5 would then become the second out Engine to answer a call and Engine No. 4 (FORD) would replace Truck No.3 (the old military truck), since we have returned this truck back to the DOF. We would keep the little brush truck No.2, (FORD four wheel drive). Engine No. 4 (FORD) carries 1,000 gallons of water as did truck No.3 so this is why we should keep Engine No.4 in order to carry the extra water. Items I need in this year's budget other than fire trucks: I need to replace the two computers in the station. The computer in my office was purchased in 1989. This Computer a 286 was upgraded to a 386 in 1992. It has a small amount memory and only 180 magi bite hard drive. The computer in the training room was a hand-me-down from Jim Threewits back in 1993 and was outdated back then and needs to be updated. Also if new radios are purchased in this year's budget the mobile radio needs to be replaced since we have spent over $1,000.00 in repairs in the first six months of this year. 1997/1998 Budget Year I want to order a Tanker/Pumper to replace Engine No.4 (Ford). Once the New Tanker/Pumper is in service we could sell Engine No.4 (FORD). With the money from the sale I would recommend purchasing a 3/4 ton pick-up and putting a small skid unit for small brush fires in the back. This vehicle could also be for running to the store when we need items like we now use Truck No. 2. The MSA bottles and air packs will have to begin to be replaced in this year's budget. They are fifteen years old now and must be removed from service. The furniture in the station is over eight year's old and will need to be replaced. We need to promote a Lt. to either Captain of Assistant Chief. We need to add a employee to each shift so we can cut down the overtime. We will be asking for "4" four additional employees to be added to the Fire Department. 1998/1999 Budget Year We need to find a good used ladder truck with all the ground ladders which has been recertified within the past year. I also want this ladder truck to have a pump and master stream device in the bucket with breathing air. We would want to set this ladder truck up with as much equipment as we could for rescue. At this time I would evaluate Engine #5 (GMC) to see if we still could use this as a spare pumper or would we need to replace it with a newer used truck because we still need a spare pumper. The spare pumper will be a piece of equipment which will not be in service at all times. It will only be in service when another piece of equipment is taken out of service. In this budget we need to finish replacing the MAS and start replacing the bunker gear since it will be around twelve years old will need to be replaced. We will need to hire an employee as a Fire Safety Inspector. This employee will only do Fire Inspections and will not have to be a Firefighter. By the year 2000 this department will be up to date with their equipment and the with proper amount of personnel to move the City of Okeechobee Fire Department into the next century. cc:/ John Drago OKEECHOBEE CITY F.D. BUDGET FOR 1996 1997 FIRE CHIEF ESTIMATE FOR 1996/1997 1100 EXECUTIVE SALARIES 33,000.00 1200 REGULAR SALARIES 213,700.00 1201'HOLIDAY PAY 6,000.00 1400 OVERTIME 20,000.00 The estimated overtime pay for the years of 1995/1996 will be around 33,000.00. One of the reason of the large amount is due to the fact we had a firefighter in school for over ten weeks. We also was short a firefighter for over a month which amount to about 400 hours overtime. 1500 VOLUNTEER PAY This is pay for the volunteer to work from 7PM to 7AM to replace paid personnel while they are off. 1510 LONGEVITY/SERVICE INCENTIVE 1540 CAREER EDUCATION 2100 F.I.C.A. 2200 RETIREMENT 2300 LIFE & HEALTH INSURANCE 2400 WORKMAN'S COMPENSATION 3100 PROFESSIONAL SERVICE 4000 TRAVEL & PER DIEM 4100 COM. SERV. (PHONE/RADIOS, ETC.) 4300 UTILITIES Up from last year 5,000.00 5,400.00 600.00 20,710.00 650.00 37,745.00 19,500.00 1,000.00 5,000.00 2,000.00 6,500.00 4400 RENTALS/LEASES 3,500.00 4500 INSURANCE 10,000.00 4600 R&M VEHICLES & EQUIPMENT 12,000.00 This needs to stay as the new equipment will not be delivered until Feb. 1997 and will still will have other old used equipment. 4609 R&M BLDG. & EQUIPMENT 5,000.00 4700 PRINTING & BINDING 500.00 Same as last year. 4901 EDUCATION 5,000.00 4909 MISCELLANEOUS 2,000.00 Increase over last year 5100 OFFICE SUPPLIES 2,500.00 5200 OPERATING SUPPLIES 5,000.00 5201 OPER. SUPPLIES ( GAS & OIL ) 3,500.00 5202 OPER. SUPPLIES ( TIRES ) 2,000.00 Same as last year. 5203 OPER. SUPPLIES ( UNIFORMS ) 2,500.00 5400 BOOKS, PUBLICATIONS 2,000.00 Same as last year. 6400 EQUIPMENT New Fire truck and equipment. 250,000.00 Up date computer inside fire station. 6,000.00 2 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: October 23, 1996 SUBJECT: Overtime THRU: " THRU: FROM: Keith Tomey, Fire Chief The overtime for the Okeechobee City Fire Department will be over budget $14,000.00 to $16,000.00. The figure on the work -up sheets was a projected figure of the first six months of overtime. The reason for the overtime in the first six months is because Bryan Stokes was in Basic Recruit School at that time and Jeff Varri was using his vacation time while attending Paramedic School. This is only one of the things that contributed to the overtime in this department being so high in this year's budget. The overtime for the majority of the hours are only 12 hours shift being paid overtime since we utilize our volunteers for the second 12 hours. With the Fair Labor Standards Act, 207K we cannot work a Firefighter more than 212 hours in 28 days. To comply with 207K the City pays 486 hours in overtime a year to keep in the compliance Fair Labor Standards Act. To allow each employee two weeks paid vacation a year this takes a total of 364 hours a year. Only 432 can be charged to overtime because most of the other 432 hours is worked by a volunteer. If each employee took only two sick days a year this would take 432 hours. We try to have a volunteer work the second 12 hours. But the sick time is not something that is planned for. With the information that is in the preceding paragraphs the total number of overtime hours comes to 1350. At the overtime rate $11.96 an hour the total comes to $16,146.00 a year. If we have any training fires, public education shows with -in the schools, any severe structure fires, or any other emergency which I must call in the employees for overtime this figure will increase considerably. The question was asked about me filling in for some of the overtime and if I was qualified to do so. If filling in for a member of an engine company only meant that it would be for the daily routine this would be alright, but if there was an alarm to occur during that time I could be placing myself and the City into a liability situation. I: have researched the INFPA Standards, ISO Standards, and several books on management in the Fire Service. It is pointed out in all of these the Fire Chief once upon an incident automatically becomes the Incident Commander which is responsible for what happens in that situation. understand and realize that a standard is not a statute. John Cook for his opinion. Attorney Cook advised me t atlif there in mind I contacted if I or the City knowingly violates that standard and an accident Attorney and ere is a National Standard, and as well as the City. So unless the Ci ..ident was to occur, I could be liable National Standards that will protect me against any and all la City Council wants to take council action not to ahear to would be to the best financial interest of myself nor to f the Chen I do Okeechobee. citizens of not feel that it City of I would like to point out to the City Council that last year at the budget and the City Administrator I pointed out the overtime for t:he Fire meeting with the Mayor budget. The decision was made to leave the figure the same and Department would c over if any in this year's budget.ure we would address the change budget meeting the figure remained the same �O000.00 to the City the overtime with 12,000.00 as budgeted. last Year and as you anisee I can not istrator and at the cover Attached is a copy of the hours of overtime in last years budget. reference 1992 edition. g t. Also a co Commercial Risk Services, copy of Fire Suppression Rating Schedule introduction �ion�A 1500 from ISO CC / John Drago E-16 Robert M. Delorme 6911 S.E. 88th Blvd. Okeechobee, FL 349741482 November 15, 1996 Mayor James E. Kirk and City Council City of Okeechobee 55 S.E- 5th Avenue Okeechobee, FL 34974 Re: Resignation of Employment Dear Mayor James E. Kirk and City Council: I hereby resign from my position as Finance Director, effective December 12, 1996. I am leaving this employment to take another position with the U.S. Army Corps of Engineers. Sincerely, Robert M. Delorme CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: November 14, 1996 SUBJECT: Status Report FROM: John J. Drago, City Administrate 1. The City has received a 17% increase on its health insurance premium. We budgeted for a 20% increase. The Finance Director has been told not to take the employee portion of the increase out in one lump sum, but to spread the amount over a longer period to avoid employee unrest. 2. Councilman Chandler will represent the City at a DCA Strategic Planning and Policy meeting on November 21 in Pahokee. The meeting will discuss growth management issues to build a sustainable South Florida. 3. For some time I've been trying to get Mayor Kirk to meet quarterly with the County. Because of the Mayor's schedule, he was unable to meet. Mayor Kirk now has asked Councilman Oliver to represent the City. Mr. Oliver has accepted and the City has contacted the County to set up a meeting schedule. 4. On November 22 there will be a satellite TeleVideo seminar entitled "Privatization: Local Government Competing with the Private Sector." This seminar will be telecast nationwide. Attendees will receive a guidebook for the seminar. In the guidebook it has two case studies on government privatization. One case study is the City of Okeechobee privatizing the Building and Zoning function. Enclosed is a copy of the City's case study from the guidebook. 5. A newsletter entitled "HR Report" highlighted the City's use of videotapes when we hired our last Director of Public Utilities. This newsletter is sent to local governments throughout the world. 1 6. IRCC contacted us regarding advanced training on the new computer systems. We are in the process of getting a list of those employees throughout the Municipal Centre that would like to participate in some extra training after Thanksgiving. 7. In August of this year, I participated as a faculty member at the annual convention of the International Association of Fire Chiefs. The topic of the workshop was "Dealing With Your City Manager." I have been informed by the IAFC that the workshop was a huge success and they want me to develop a more formal presentation for future seminars. JJD:nb 2 Local Government Competing with the Private Sector O The Innovation Groups 1996 Privatization: Local Government Competing with the Private Sector ■ Contract with a Private Enterprise to Provide a Tips for Contracting Out Services: Specific Service 1. Begin Small. Start with a service that has City of Okeechobee, FL — Building & Zoning: nunimal affect on employees and can be John Drago, City Administrator contracted locally. For the past ten years, Okeechobee County performed all the building and zoning activities for the City of Okeechobee (pop. 5,(XX)). Due to a new Growth Management Act and Comprelien- sive Plan, Okeechobee County wanted to renegotiate the interlocal agreement with the City, and to undertake complete control of all building, zoning, planning and regulatory functions in the City. The City Council of Okeechobee wanted to retain planning control of the City. After a few meetings between both governing bodies, the County served a 30-day notice to terminate the current interlocal agreement, forcing the City to organize a new department and attempt to meet all state -mandated certification requirements for building officials and inspectors. After exploring the traditional approaches to organizing a building and zoning department, the City determined it would not meet the deadline using conventional methods of hiring certified personnel and making the necessary budget amendments. 'Iirese methods were also too costly to set up and operate. The last approach was privatization. The City searched for a firm that could (quickly) take on the responsibilities of perform- ing plan reviews, inspections, zoning functions and comprehen- sive plan amendments. Using the existing network of contacts built through previous projects, the City found a firm,11. L. Bennett and Company, which was capable of meeting the service requirements. A uniform fee schedule was developed to be user-friendly and to generate revenue without exceeding the customer costs as set previously by the County. The fee schedule enabled all costs to be paid (without supplementation) and generate approximately $15,000 of additional revenue to the City. In addition, the privatization of the building and zoning function saved the City approximately $150,M) per year compared to traditional approaches. The City was able to meet the 30-day deadline without hiring additional personnel, and was able to provide all the necessary services to the community without changing the fee schedule as set by the County in previous years. 2. Look to Privatization first before expanding or establishing a new service. 3. Plan to begin privatization effort when employee attrition will take place. 4. An adaptable personnel system geared for constant change is key to minimal loss of staff and minimal financial impact during a privatization effort. 5. Networking is one essential element for privatization. Keep up to date with professional and trade associations. 6. Let the contractor operate within boundaries. Imposing rigid rules and regulatiorLs on the contractor only drives costs up. 7. Develop contracts with a minimum time of 3 years and options for two addi- tional years at the same terms and conditions, allowing the contractor to spread his cost over a period of time and to think into the future. . 8. Fixed cost contracts are easier to budget and save time yearly on bidding or negotiating. Avoid placing economic indicators into contracts as a mechanism for price adjustments.'Ibe compromise between fixed cost contracts and automatic price adjustment contracts is cost justification contracts. 9. Local government needs to create a market image. This fosters long term competition among contractors vying for government business. A market image creates a business environment that welcomes privatization, and an image establishes a contractor list that tells current providers they are not the only game in town. 14 TIME WARNER CABLE 107 NW 7TH AVENUE OKEECHOBEE, FL, 34972 November 13, 1996 Mr. John Drago City Administrator 55 SE 3rd Avenue Okeechobee, Fl. 34974 Dear Mr. John Drago: I wanted you to be aware that we will shortly be notifying our customers of a number of price changes. The new prices will be effective with our customers' January bill. These changes are due to a combination of previously existing government regulations as well as the social contract adopted in 1995 by the Federal Communications Commission (FCC). You may recall that our social contract with the FCC required us to provide free cable service for every state -accredited public and Title I private -secondary school passed by our cable lines. Not only have we already done this but in early 1997 we will be providing a new training tool kit to our schools called Time Warner Cable Classroom Connections. Our yearly rate adjustment includes up to one dollar ($1.00) plus inflation and changes in external costs. External costs include increased programming fees and copyright fees. A copy of the detailed notice that is being sent to our customers in their December bills is attached. A new change this year is the fact that the FCC no longer will be accepting rate complaints. The FCC now requires us to put a statement on the rate adjustment notice telling our customers to contact you if they have a complaint, including those on the standard cable tier. Customers will have 90 days from the effective date of the rate change instead of 45 under the old rule. Enclosed is a copy of the FCC rule regarding this change. We understand that any billing change will generate questions from our customers and perhaps some complaints, If your office receives any calls that we may help answer, please feel free to forward them to me at 941-763-5566. If you have any questions or comments, please call me. I appreciate your time. Sincerely, OY. Gv"-f Dan LaCroix System Manager §76.964 Written notification of changes in rates and services (a) In addition to the requirement of § 76.309(c)(3)(i)(t3) regarding advance notification to customers of any changes in rates, programming services or channel positions, cable systems shall give 30 days written notice to both subscribers and local franchising authorities before implementing any rate or service change. Such notice shall state the precise amount of any rate change and briefly explain in readily understandable fashion the cause of the rate change (e.g., inflation, changes in external costs or the addition/deletion of channels). When the change involves the addition or deletion of channels, each channel added or deleted must be separately identified. Notices to subscribers shall inforTn them of their right to file complaints about changes in cable programming service tier rates and services, shall state that the subscriber may file the complaint within 90 days of the effective date of the rate change, and shall provide the address and phone number of the local franchising authority. (b) To the extent the operator Is required to provide notice of service and rate changes to subscribers, the operator may provide such notice using any reasonable means at its sole discretion. (c) Notwithstanding any other provision of Part 76, a cable operator shall not be required to provide prior notice of any rate change that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency, State, or franchising authority on the transaction between the operator and the subscriber. §76.964 Reference 77, ; { L'�a��8��i 2t'St�Cyy�{�y R ys 7� t a Eg �s m �Y�iSA?'V"-Y�� ','E��:.2,l7 thn44pp,'dy4d;�t"�gg',p5ir n YoLm��s:; i J4.tt�j•�a�x,S.dAt'4at8X,T.o.3Ci+' •o ' r0 f ~ f� CO 1n c CL a co o rp O_ � r0 C-4 N V 1 111 C L C ro -C a v _° a;00 vl m U O •- !V Qj Q V a .c F��A 1..1 U .6 fi — Q u.l v v v w L v ^' W o v ` N ry j0 `N V w C V � f(i^^ 1 p.Z: lu { -cc ° c C (1) C', v1 co v 1t LU z i W F, rA I O O OC) 1n kn 1n rn Q Q O al U (31 (3) O N m (T O, tT 1n 1n rn vl vl U V O� r N N Vl N Vl VT O C, O O? . N N 7 fV O O Ij •/) ♦n to Vl S o z 2 w E E Fy w C. vl o w Q n c V m V ar v w m a, a ) & 8 8 ar j V N i N C t ... .� _., VI ti O N v E ee O N U E u v N V N V V ' a ° mum v > x o a n`- 0O mr ! _ru N !_ C In QI N N E5 -O o 0 N � Y1 O v� N Q S_ 2 S in I- V a. i f3 FC ° LL c w > > -° a o m v` t i c f a . 0 T CL N N C «+ E Z7 N C u v O, ` D O C C: L N 7 N Cp N m c V C Z a O C V" N w E N R C N o v �,' c° E c O V G 41 N N Cc,V v 1 N o f N N U E w W 'v E o c° c ^' 7 V_ m F- - io Q7 c O Vo av �. 'D O S v O C rn ` 2 o a v v r c ar N Oi �n N _O 01 L .Z L C vN ti v VSS C W Q W LL i O T C V i 0 a O O T N X> O m° 7 A > V E 3 ' v v C .. c0 a "' Q1 ii E 9 E z c 3 N - c w W o ice.. N ."C+ v fE .co lA V O- c w a E c w H N E nr N O U D h rir m 2 c C. u iU C D y 4- c C C r O V N V o N A 1 '0 L N C U1 = C N> 'o a,-p C V L 4, E D r c cc n 0 .� r N 0 In v v . � p 3 i c c cn Ccu o a)N C r �7i N N LvOi W N LN N A v YJ ;C Q N v a C O A O Q �W a, � a, c D o c ro Q v 2 l7 6 Z >°- o z rn v V Z I T 0 a g OKEEC440BEE COUNTY Jnalu,31,riale2)evelop"tent....,,4ut4opity • MLAHASGIE - #J AM.KSnNvn i F • 0ALANUO . rAMPA > 1 11CHUNLE . WEST BALM BEACH J • t�11AM1 Mr. John Drago 55 S E. 3rd Avenue Okeechobee, FL 34974 Dear Mr Drago P.O. Box 1488 Okeechobee, Florida 34973-1488 (941) 467-5505 November 19, 1996 Ground Breaking The Okeechobee County Industrial Development Authority (IDA) is pleased to announce that on Thursday at 11:45 A.M , the IDA's will be hosting a ground breaking at the Industrial Park for the improvements at the Okeechobee Industrial Park. The improvements to the roadway and infrastructure will make the IDA mission easier; job creation in Okeechobee. We believe that projects such as this help to stimulate our local economy twofold. First, the million dollar grant is creating local jobs and secondly the project will ultimately make the industrial park a showcase. This will help the IDA to recruit quality businesses. As this project has been a joint effort of Federal, State and local community leaders, the IDA hopes that you can attend this ground breaking. If you have any questions or require any additional information, please do not hesitate to call. Sincerely, Paul A. Phillips CITY OF OKEECHOBEE MEMORANDUM TO: John Drago, City Administrator THRU: THRU: FROM: Keith Tomey, Fire Chie�--�� DATE: November 14, 1996 SUBJECT: Update on Engine #1 Engine #1 is currently being body refurbished by D&K Collisions. The Okeechobee News is running an article this weekend with pictures and what is being done to the truck. The volunteers will be holding a fund raiser by phone solicitating to help replenish the volunteers account as the refurbishing of Engine #1 is costing them an excess amount of $4,000.00. Thank you, FORM 8B MEMC>-tANDUM OF VOTING"CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME—MIDDLL NAME DAME OF BOARD. COUNCIL, cOMM1sSION, AUTHORITY, op cOMMITTEB. MAILING ADDRESS THL BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: .9 �� s CITI' L/, /C/OUNTI DATE UN 41'HICH VOTE OCCURRED //- /l�Gg- CITY Z COUNTY = OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: C 7`y a-T S11' POSITION IS: �_/_ ELECTIVE = APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary Breath depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3443, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office NILIST ABSTAIN from voting on a measure which inures to his special private Rain. Each local officer also is prohibited from knowingly voting on a measure',\high inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assemble the nature of vour interest in the measure on which you are abstaining from voting; and WITHIN 15 DA:'S AFTER THE VOTE OCCURS 'ry completing and tiling this form with the person responsible for recording the minutes of the meeting, 11•ho should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive counry, municipal, or other local public office N112ST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but mus: disclose the nature of the conflict before makin_r any attempt to influence the decision by oral or written communication. whether made by the officer or at his direction. IF YOU INTEND TO \, 4AK- .ANY .=,TTENIPT TO 1NFUENCE HE DECISION PRIOR TO THE MEI='1'iC .=;: NV 11C THE VOTE NVILL BE TAKEN: • You should complete and fiie :his form lbeior_ making and, arternp::e influence- the decision! with the nersor re_ponsibi; fe- recording the minutes of the meeting. who will, incorporate the form ir. the minutes. • A copy of the form should he provided immediateiy to the Omer members of the agency. •.The form should be read publicly at the mee:inc prior 10 consideration of the matter in v: hick %'OL have a conflic: of interest. F(wv .I: IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the rote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST ��—jj/ I ��D(i✓�'.✓�-%� / '✓� �L , hereby disclose that on 19_ (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (J'o L� %�N �c by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 1/ 2— ` Date Fiied NOTICE: UNDER PROVISIONS OF F? ORID.=; ST. , UTES :ii=.=i- 091'`;. A F.�ILURE TO MAKE ANY REQUIRE" DISCLOSURE CONSTITUTES GROUNDS FOR AND �4AY BE PUNISHED BY ONE OR MORE OF THE FOLLONVING: IMPEACHMENT. REMOVAL OR SUSPENSION FROG; OFFICE OR ENIPLOYME'�T. DE.NIOTION. REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EMCEED S:.UOU. cE FoRm ss - u. �`