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2017-03-21
CITY OF OKEECHOBEE MARCH 21, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor March 21, 2017, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation to be given by Jim Dawson, Associate Pastor, First United Methodist Church; Pledge of Allegiance led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Present a Ten -Year Longevity Service Award to Police Officer Cesar Romero, V. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF H COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford called the March 21, 2017, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Absent (Major Hagan in attendance) Present On behalf of the City, Mayor Watford and Police Major Hagan presented Mr. Cesar Romero with an embossed portfolio and a framed certificate which read, "In recognition of your 10-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 12, 2007, to March 12, 2017." Mr. Romero was also presented with a Police Department Years of Service Commendation Bar. Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. New Business Item F, Exhibit 6 and Item G, Exhibit 7 were added. 117 MARCH 21.2017 - REGULAR MEETING - PAGE 2 OF 8 AGENDA V. AGENDA AND PUBLIC COMMENTS CONTINUED B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the meeting of March 7, 2017. VII. WARRANT REGISTER - City Administrator A. Motion to approve the February 2017 Warrant Register: GeneralFund..........................................................................$474,820.97 Public Facilities Improvement Fund ........................................$ 9,747.41 Capital Improvement Projects Fund........................................$507,343.58 Community Development Block Grant (TMDL) Fund ..............$ 4,550.00 Law Enforcement Special Fund ..............................................$ 50.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1153 by title only extending the moratorium on medical marijuana businesses for 180 days - City Attorney (Exhibit 1). b) Vote on motion to read by title only. COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the meeting of March 7, 2017; seconded by Council Member Ritter. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the February 2017 Warrant Register in the amounts: General Fund, four hundred seventy-four thousand, eight hundred twenty dollars and ninety-seven cents ($474,820.97); Public Facilities Improvement Fund, nine thousand, seven hundred forty-seven dollars and forty-one cents ($9,747.41); Capital Improvement Projects Fund, five hundred seven thousand, three hundred forty-three dollars and fifty-eight cents ($507,343.58);Community Development Block Grant (TMDL) Fund, four thousand, five hundred fifty dollars and zero cents ($4,550.00); and Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member O'Connor. There was no discussion on this item. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. Council Member Chandler moved to read proposed Ordinance No. 1153 by title only, extending the moratorium on medical marijuana businesses for 180 days; seconded by Council Member O'Connor. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MARCH 21, 2017 - REGULAR MEETING - PAGE 3 OF 8 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 119 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED P.1.c) City Attorney to read proposed Ordinance No. 1153 by title only 2.a) Motion to adopt proposed Ordinance No. 1153. b) Public comments and discussion. c) Vote on motion to adopt proposed Ordinance No. 1153. CLOSE PUBLIC HEARING - Mayor IX. N.EW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1151 by title only and set April 4, 2017, as a Final Public Hearing date to adopt the International Property Maintenance Code - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set Final Public Hearing date. c) City Attorney to read proposed Ordinance No. 1151 by title only Attorney Cook read proposed Ordinance No. 1153 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Clark to adopt proposed Ordinance No. 1153. Mayor Watford asked whether there were any comments or questions from the public. There were none. Attorney Cook explained the State Legislators are in the process of adopting statutes to provide guidance on how to regulate medical marijuana businesses. Once provided, the City will need sufficient time to adopt the necessary regulations. The initial moratorium adopted by Ordinance No. 1146 will expire April 1, 2017. This ordinance will extend the expiration date to September 28, 2017. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:12 P.M. Council Member Chandler moved to read proposed Ordinance No. 1151 by title only, and set April 4, 2017, as a Final Public Hearing date to adopt the International Property Maintenance Code (IPMC); seconded by Council Member O'Connor. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1151 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBFE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART 11 OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 12 MARCH 21, 2017 - REGULAR MEETING - PAGE 4 OF 8 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II ►:�i•IWADT1Rilil*140181ZHIi;lIr�7 A.2.a) Motion to approve the first reading of Ordinance No. 1151 b) Public comments and discussion. c) Vote on motion. D.1.a) Motion to read proposed Ordinance No. 1152 by title only and set April 4, 2017, as a Final Public Hearing date for Right -of -Way Abandonment Petition No. 17-001-SC, submitted by Jeremy LaRue - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set Final Public Hearing date. Motion and second by Council Members Ritter and O'Connor to approve the first reading of proposed Ordinance No. 1151. Mayor Watford asked whether there were any comments or questions from the public. There were none. Administrator MontesDeOca requested the attendance of Building Official Jeff Newell and Code Enforcement Officer Fred Sterling for this item. Building Official Newell verified the IPMC will be universal for residential and commercial properties and the same appeal procedures that are currently in place will remain. Code Officer Sterling confirmed there is not a fee associated with filing an appeal before the Code Enforcement Board. He also added that the Okeechobee Board of County Commissioners adopted the IPMC in 2007, and according to their Code Compliance Officer, it has provided great results. Council Member Clark voiced her concerns with how future employees/consultants will interpret the IPMC and being too aggressive with citations. Building Official Newell appeased her concerns by explaining the Council's direction would always have to be provided and followed He explained, by adopting the IPMC, it will work in conjunction with the Florida Building Code and City Codes, provide procedures for properties in violation of the regulations, and offer more authority to resolving violations. Within Exhibit Two were photographs of specific structures where the IPMC would be of assistance due to the nature of their violation. The properties were identified as: 914 Northwest 2nd Street; 210 Northwest 6th Street; 1005 Northwest 8th Avenue; 809, 900, and 913 Northwest loth Street; 802, 808, and 907 Northwest 1lth Street; 813 Southeast 3rd Street; 400, 502, and 608 Southeast 10th Avenue; 505 and 609 Southeast 12th Avenue; 316 Southwest 2nd Avenue; 810 Southwest 31d Avenue; 207, 211, and 401 Southwest 3rd Street; 216 Southwest 4th Street; 1001 and 1002 Southwest 6th Avenue; 106 Southwest 8th Street; 403 Southwest 9th Street; 1207 Southwest 10th Drive; 1115 Southwest loth Street; 904 and 1000 Southwest 11 th Avenue; 1009 and 1011 Southwest 1 lth Street. Council Member O'Connor and Chandler expressed their support in adopting the IPMC. VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA MOTION CARRIED. Council Member Chandler moved to read proposed Ordinance No. 1152 by title only, and set April 4, 2017, as a Final Public Hearing date for Right -of -Way Abandonment Petition No. 17-001-SC, submitted by Jeremy LaRue; seconded by Council Member Clark. VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA MOTION CARRIED. MARCH 21, 2017 - REGULAR MEETING - PAGE 5 OF 8 121 IX. AGENDA NEW BUSINESS CONTINUED B.1.c) City Attorney to read proposed Ordinance No. 1152. 2.a) Motion to approve the first reading of proposed Ordinance No. 1152 b) Public comments and discussion. c) Vote on motion. C. Motion to approve LaRue Planning Scope of Services for City Annexation Study - City Administrator (Exhibit 4). COUNCIL ACTION - DISCUSSION - VOTE Attorney Cook read proposed Ordinance No. 1152 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10TH AVENUE BETWEEN NORTHWEST 7TH COURT AND 8TH STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Ritter to approve the first reading of proposed Ordinance No. 1152. Mayor Watford asked whether there were any comments or questions from the public. There were none. Mr. Bill Brisson, City Planning Consultant, explained Mr. LaRue is requesting to abandon the West 60-feet of the 70-foot wide unimproved dedicated Right -of -Way of Northwest 1 oth Avenue from the South boundary line of Northwest 8th Street to 7th Court for a distance of 200-feet, not including the intersection of Northwest 7th Court and loth Avenue. Mr. LaRue owns Lots 1 through 6 and 15 through 20 of Block 13, NORTHWEST ADDITION, located immediately West of the subject property. On January 19, 2017, the Technical Review Committee recommended approval with the conditions that the Okeechobee Utility Authority (OUA) and City easements be granted. The Planning Board also recommended approval with the same conditions at the February 16, 2017, Meeting. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Council Member O'Connor moved to approve (an addendum to the existing) LaRue Planning and Management Services, Inc., Scope of Services for City Annexation Study (in the amount of $11,500.00); seconded by Council Member Chandler. Exhibit 4 contained the proposed addendum which provided that the study area will use the following criteria as a basis for identifying potential annexation areas warranting further evaluation: areas outside the City that are designed Urban Residential Mixed Use on the County Conceptual Future Land Use Map dated June 9, 2016; areas that can be serviced, at acceptable response times, by the City Police, Fire, and Emergency Medical equipment and personnel; areas that receive water and sewer service from the OUA; and properties, the owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. MARCH 21.2017 - REGULAR MEETING - PAGE 6 OF H 122 AGENDA IX. NEW BUSINESS CONTINUED C. Motion to approve LaRue Planning Scope of Services for City Annexation Study continued. D. Consider appointments to the Planning Board, Board of Adjustment, and Design Review Board - City Clerk (Exhibit 5). COUNCIL ACTION - DISCUSSION - VOTE After preliminary determinations of potential annexation areas are made, the targeted properties will be identified on map(s) and their physical description with County Future Land Use, Zoning, and assessment of existing infrastructure conditions. An explanation of the annexation process is provided under Chapter 171 of the Florida Statute. The ad -valorem real property impacts and other general fund revenue impacts if annexation occurs will be provided. The fiscal impacts should the annexation occur (will rely on City and OUA staff input) will be provided. Possible strategies for the City to pursue will also be provided. The study will be concluded and a report presented no later than August 1, 2017. Administrator MontesDeOca explained this study was an item discussed and approved within the current Fiscal Year budget. The report is looking to be able to add boundaries without adding services or personnel. Mr. Brisson introduced Mr. Bob Frank, who will be performing the study. He has over 30 years' experience in this field, working only in Florida, and recently completed annexation studies in Martin County and the City of Fort Pierce. Mr. Frank and Administrator MontesDeOca responded to questions from the Council. Pertaining to what incentives the City has over the County for a commercial business to annex are that municipal services are generally superior and more personalized and they would no longer pay a Fire Assessment. The City millage rate could be reduced with additional properties being annexed; tax generation and other revenue source comparisons will be provided in the annexation study. Mr. Frank's team would not be contacting the business and/or property owners personally. Contact is made with them once the annexation is approved by the City Council via ordinance adoption. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Exhibit Five contained a memorandum explaining after advertising in multiple media sources, the City Clerk's Office did not receive any new applications for appointments to the Planning Board, Board of Adjustment, and Design Review Board. All three members, whose terms sunset April 30, 2017, have requested to be re -appointed. Their attendance record over the current term (May 1, 2014 through April 30, 2017) is as follows: Karyne Brass and Les McCreary, 24 meetings have been held to date; Ms. Brass has been absent two times, with consent. Mr. McCreary has been absent seven times, with consent. Bobby Keefe (January 7, 2015 through April 30, 2017), 19 meetings have been held to date; he has been absent three times, with consent. Current Members are: Chairperson Mrs. Dawn Hoover, Vice Chairperson Mr. Doug McCoy, Mr. Elbert Batton, Mr. Phil Baughman, Mr. Mac Jonassaint, Alternate Mr. William O'Brien, Ms. Brass, Mr. McCreary, and Alternate Mr. Keefe. Council Member Ritter moved to re -appoint Ms Brass and Mr. McCreary, as Regular Members and Mr. Keefe, as an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, terms May 1, 2017 to April 30, 2020; seconded by Council Member Clark. MARCH 21, 2017 - REGULAR MEETING - PAGE 7 OF H 123 AGENDA IX. NEW BUSINESS CONTINUED D. Consider appointments to the Planning Board, Board of Adjustment, and Design Review Board continued. E. Consider a request for a joint workshop with the Board of County Commissioners and Okeechobee Utility Authority Board on March 30, 2017, at 6:00 P.M. at the Okeechobee County Civic Center - City Administrator. ITEM ADDED TO AGENDA: F. Motion to approve a request by the National Society Daughters of the American Revolution, Okeechobee Chapter, for a contribution to the cost of placing two History Markers in the Battle of Okeechobee Historic Site Park - City Administrator (Exhibit 6). COUNCIL ACTION - DISCUSSION - VOTE Council Member O'Connor suggested an informal interview process for individuals applying for City Citizen Boards may be needed for future appointments, and especially when considering OUA Board appointments. Mayor Watford agreed but reiterated these were re -appointments by people who have been serving for many years, and no one else applied. He also thanked the re -appointees for their willingness to serve. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. The City Council accepted an invitation from the Board of County Commissioners to attend a joint Workshop on March 30, 2017, at 6:00 P.M. at the Okeechobee County Civic Center, located at 1750 Highway 98 North, Okeechobee, Florida 34972. The invitation was also extended to the OUA Board. The purpose of the workshop is to consider revisions to the Inter -local Agreement creating the OUA. Mayor Watford conveyed the importance of attendance at this workshop. There was no official action required on this item. Exhibit Six contained a letter signed by Mrs. Susan H. George on behalf of the Okeechobee Chapter of the National Society Daughters of the American Revolution explaining that the non-profit group received approval from the Florida Department of Environmental Protection to have two limestone and bronze plaque history markers placed next to the 1837 Battle of Okeechobee monument located within the Battlefield Historic State Park (3500 Southeast 38th Avenue, Okeechobee, Florida). The markers will honor those who fought and the importance of the battlefield site. The estimated cost is $14,000.00. An updated contributions and pledges list was distributed at the meeting, To date they have received $9,605.00 in donations. They are requesting a $2,500.00 contribution from the City in hopes of having the markers completed and dedicated during the Okeechobee County 2017 Centennial Year. Council Member Ritter moved to approve a contribution in the amount of $2,000 00; seconded by Council Member Chandler. Administrator MontesDeOca confirmed the funds are available to cover the $2,000.00 contribution. Mayor Watford and Council Member Ritter stated for the record that they serve on the Friends of the Okeechobee Battlefield Board. Ms. George provided several contribution envelopes for anyone wanting to give an individual donation. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. MARCH 21, 2017 - REGULAR MEETING - PAGE H of 8 124 AGENDA IX. NEW BUSINESS CONTINUED ITEM ADDED TO AGENDA: G. Motion to adopt proposed Resolution No. 2017-01, opposing Florida Senate Bill 10 (SB10) - City Administrator (Exhibit 7). X. ADJOURNMENT - Mayor Please take notice and be advised that when 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. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: r Lane amiotea, CM City Clerk Dowling R. Watford, Jr., Mayor COUNCIL ACTION - DISCUSSION - VOTE Council Member Clark moved to adopt proposed Resolution No. 2017-01, opposing Florida Senate Bill 10 (SB10); seconded by Council Member Ritter. Attorney Cook read proposed Resolution No. 2017-01 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; OPPOSING SENATE BILL 10, AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD CAUSE FOR THE PURCHASE OF UTILIZED AGRICULTURAL PROPERTY SOUTH OF LAKE OKEECHOBEE AND VARY FROM THE COMPREHENSIVE EVERGLADES RESTORATION PROGRAM AND CURRENT EVERGLADES RESTORATION PROJECTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Ritter provided an update from a public meeting held Friday, March 17, 2017, in Pahokee by Senator Joe Negron who is steadfast on the 60,000+1- acre land purchase south of Lake Okeechobee and insinuates there is an owner who is committed to selling their property. Individuals from the audience were provided an opportunity to ask Senator Negron questions relating to the economic impact this would have on the communities surrounding the Lake. Mayor Watford stressed the importance of this issue and how we need to protect our community. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:11 P.M. The next regular scheduled meeting is April 4, 2017. .'2///7 Mlau e PaUCvf �lxf STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a AlU ul i /t-) 1l.�c lT in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of J(0 fao r -7 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and §qbscribed fore me �th}',s day of d (7 AD Notary Public, State of Florida at Large A . _ �~?µr'9a •; a ANGIE BRIDGEq W COMMISSION A FFEXPIfttS: {4nflf 20, Bonded Thru Notary Public Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 3 741 t--- 863-763-3134G�S` s.-'j� PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the City of Okeecho bee will conduct a regular meeting on Tues, Mar. 21, 2017 6 PM, or a� soon thereafter as possible, at Gtv Hall, 55 SE 3rd Ave, Rm f00Okeecho bee, FL The public is invited and encouraged to attend. The a, genda coal be obtained from cityofokeechobee.com or by calling the Office of the G) Administrator, 863-763-3372 x212. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Amencans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate In this proceeding, contact the City Clerk's Office no later than two business days pnor to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Counal in support or opposition to any item on the agenda, a. copy of the document, picture, video, or item MUST be provided to the. City Clerk for the City's records. By: Mayor Dowling R. 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Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on March 21 2017, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation was given by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present Fire Chief Herb Smith Present Police Chief Bob Peterson Absent (Major Hagan present) Public Works Director David Allen Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present IV. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Ten -Year Longevity Service Award to Police Officer Cesar Romero. On behalf of the City, Mayor Watford and Police Major Hagan presented Mr. Cesar Romero with an embossed portfolio and a framed certificate which read, "in recognition of your 10-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 12, 2007, to March 12, 2017." Mr. Romero serves as a Police Officer, He was accompanied by his daughter and girlfriend. Was presented with an commendation bar V. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items F and G, with Exhibits 6 and 7 were added. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford opened the floor for public participation for any issues not on the agenda. There were none. VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the March 7, 2017, regular meeting. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the regular meeting held March 7, 2017; seconded by Council Member Ritter. Discussion: VOTE: Page 1 of 8 WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA VII. WARRANT REGISTER - City Administrator A. Motion to approve the February 2017 Warrant Register: GeneralFund.....................................................................$474,820.97 Public Facilities Improvement Fund ...................................$ 9,747.41 Capital Improvement Projects Fund...................................$507,343.58 Community Development Block Grant (TMDL) Fund ......... $ 4,550.00 Law Enforcement Special Fund .........................................$ 50.00 CLARK — YEA MOTION CARRIED. Council Member Ritter moved to approve the February 2017 Warrant Register in the amounts: General Fund, four hundred seventy-four thousand, eight hundred twenty dollars and ninety-seven cents ($474,820.97); Public Facilities Improvement Fund, nine thousand, seven hundred forty-seven dollars and forty-one cents ($9,747.41); Capital Improvement Projects Fund, five hundred seven thousand, three hundred forty-three dollars and fifty-eight cents ($507,343.58);Community Development Block Grant (TMDL) Fund, four thousand, five hundred fifty dollars and zero cents ($4,550.00); and Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member O'Connor Discussion: VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. A.1.a) Motion to read proposed Ordinance No. 1153 by title only, extending the moratorium on medical marijuana businesses for 180 days — City Attorney (Exhibit 1). Council Member Chandler moved to read proposed Ordinance No. 1153 by title only, extending the moratorium on medical marijuana businesses for 180 days; seconded by Council Member O'Connor. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 1153 by title only Attorney Cook read proposed Ordinance No. 1153 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM, PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt Ordinance No. 1153. Motion and second by Council Members Chandler and Clark to adopt proposed Ordinance No. 1153. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public? None. Council discussion. Cook, state expects to adopt regulations in June so this will probably have to come back before us before we adopt actual regulations. Page 2 of 8 Ritter, is this so we will know how to handle these businesses? Watford, O'Connor, county have theres? Same boat, state may preempt all regulations. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER —YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. CLOSE PUBLIC HEARING 6:12 P.M. IX. NEW BUSINESS A.1.a) Motion to read proposed Ordinance No. 1151 by title only and set April 4, 2017, as a Final Public Hearing date, to adopt the International Property Maintenance Code — City Attorney (Exhibit 2). Council Member Chandler moved to read proposed Ordinance No. 1151 by title only and set April 4, 2017, as a Final Public Hearing date, to adopt the International Property Maintenance Code; seconded by Council Member O'Connor b) Vote on motion to read by title only and set Final Public Hearing date. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1151 by title only. Attorney Cook read proposed Ordinance No. 1151 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1151. Motion and second by Council Members Ritter and O'Connor to approve the first reading of proposed Ordinance No. 1151. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public? None. Council: O'Connor glad to see finally brought up, long over do, will give teeth to help clean things up in the city. MDO, invited CE & BO to answer questions. Ritter, universal for both residential and commercial properties? Yes. Clark, if someone doesn't agree with the citation, same appeal as we have in place? Jeff Newell, BO, yes the same appeal process that is in place now.. Clark, costs for the appeal? JN don't know. Clark, concerns with future employees/consultants in interpurtations, we want to be friendly and work with the people. Jeff, we have to answer our supervisors, and we can only go so far, when our supervisors think we're thinking things too far, they let us know or if we're interrupting things incorrect. This is the 3ra leg of a 3 leg stool. Buildign Code — IPMC — City Code. Fred Sterling, county adopted in 2007 and they have had good luck with it. Page 3 of 8 Watford, how does this work? Procedure to follow in both city and IPMC we have to follow step by step. One problem when we bring our case to the CEB is weak. If they have an attorney and we have a weak case the CEB Ritter, recommendation from Planning Board. Chandler, specific issues within the city to address. Glad you brought this up. Jeff, the one property owner issue you brought up we are in the process of building a case against them. CEB has to give x number of days to clean it up or demolish it. There have been at least 2 years on one of these properties. Chandler Jeff, CEB has to recommend foreclosure to the city council for the process to work. There is a procedure for it to go through. Ritter, stand corrected on the planning board comments. Clark, wasn't it that they didn't really understand everything we were recommended, and they had questions that couldn't be answered. Jeff, I wasn't given authorization to attend the meeting, it should have been handled a little differently. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. B.1.a) Motion to read proposed Ordinance No. 1152 by title only and set April 4, 2017, as a final Public Hearing date, for Right -of -Way Abandonment Petition No. 17-001-SC, submitted by Jeremy LaRue — City Attorney (Exhibit 3). Council Member Chandler moved to read proposed Ordinance No. 1152 by title only and set April 4, 2017, as a Final Public Hearing date, for Right -of -Way Abandonment Petition No. 17-001-SC, submitted by Jeremy LaRue; seconded by Council Member Clark. b) Vote on motion to read by title only and set final Public Hearing date. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1152 by title only. Attorney Cook read proposed Ordinance No. 1152 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10TH AVENUE BETWEEN NORTHWEST 7TH COURT AND 8TH STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to approve the first reading of proposed Ordinance No. 1152. Motion and second by Council Members Chandler and Ritter to approve the first reading of proposed Ordinance No. 1152. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public? None. Staff: Bill Brisson, City Planning Consultant reviewed the findings within the planning staff report. TRC recommends approval with conditions Planning Board recommends approval with conditions Page 4 of 8 C) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. C. Motion to approve LaRue Planning Scope of Services for City Annexation Study — City Administrator (Exhibit 4). Council Member O'Connor moved to approve (an addendum to the existing) LaRue Planning and Management Services, Inc., Scope of Services for City Annexation Study, ($11,500.00); seconded by Council Member Chandler. Within Exhibit 4 contained a proposed addendum to the existing Planning Consultant Services Contract with LaRue Planning and Management Services, Inc., to specifically provide an annexation study in the amount $11,500.00. The study area criteria as a basis for identifying potential annexation areas warranting further evaluation will be: -Areas outside the City that are designed Urban Residential Mixed Use on the County Conceptual Future Land Use Map dated June 9, 2016. [insert description of areas on the map ** need a color, clear map copy] -Areas that can be serviced, at acceptable response times, by the City Police, Fire, and Emergency Medical equipment and personnel. -Areas that receive water and sewer service from the Okeechobee Utility Authority. -Properties, owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. After preliminary determinations of potential annexations areas are made, the targeted properties will be identified on map(s); and their physical description with County Future Land Use, Zoning, and assessment of existing infrastructure conditions. Explanation of annexation process under F.S. 171 Ad -valorem real property impacts if annexation occurs. Other general fund revenue impacts if annexation occurs Fiscal impacts if annexation occurs (will rely on City and OUA staff input). Possible strategies for the City to pursue Study to be completed no later than August 1, 2017. Discussion: MDO, discussed and approved item within the FY budget, report is not to look to add services or staff but to be alble to add boundary without adding staff. Bill Brisson, based on discussion with MDO looking at geographic area on the map distributed at the start of the meeting. Reviewed areas that will be looked at and listed in the proposal. Both ideas MDO mentioned to us. Mr. Bob Frank in attendance with me, he's the annexation expert in our office. Clark, mixed urban areas. MDO, the primary use of the r-o-w was for the city those would be areas we would look at. Clean up on the map arecound lucy island and blue heron. Ritter, commercial corridor too? Yes. From a business stand point if I had a business in the county, why? MDO, level of service from police and fire. LDR and review process in city is easier and smoother. Ritter if not going to increase staff or services, one of the biggest against annexing is our taxes or higher, if we expand would we have the ability to lower our millage if providing same staff and services. MDO, discussion to have further out, hope that we would lower the millage. Bob Frank, tax generation and other revenue sources to compare if you'll be able to do what you're talking about wanting to do here, that is typically what annexation studies provide you so you can make those decisions. Watford, some push back from property owners? Page 5 of 8 Frank, usually is but once advantage of being in the city and the services and realize they are far superior to the county they come around. MDO, county fire assessment will help us out with coming into the city. Frank, county franshise fees some could come over, we look at a whole range of expenditures and revenues. One of the things with service be provided, the city would be responsible. Watford annexation studies for other cities? Frank, yes, only work in Florida, Martin county and Ft Pierce are my most recent projects Chandler, looked at this years ago, we had water at that time, verbally agreed to annex into the city. If this happens and we the city tax payers, businesses that are down there? Frank, multiple ways to provide that service. Its already there. I hope this works because we need this revenue. Frank fi the majority of the area has registered electors, the majority of the areas are commercial then they are not electors but would get consent of those property oweenrs. There are basic qualtifications to be met to be able to consider properties. Chandler would your team go to these busiensses persosnally? Not at the beigninng. Ordiannce adoption, give copy to County and follow up with annex procedures at that point the business oweenrs are contacted. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. D. Consider appointment to the Planning Board, Board of Adjustment, and Design Review Board — City Clerk (Exhibit 3). Exhibit Five contained a memorandum explaining advertising in multiple media sources, the City Clerk's Office did not receive any new applications. All three members whose terms sunset April 30, 2017, have requested to be reappointed. Their attendance record, over the current term (May 1, 2014 through April 30, 2017) is as follows: Karyne Brass and Les McCreary, 24 meetings have been held to date; Ms. Brass has been absent 2 times, with consent. Mr. McCreary has been absent 7 times, with consent. Bobby Keefe (January 7, 2015 through April 30, 2017), 19 meetings have been held to date; he's been absent 3 times, with consent. Current Members are: Chairperson Mrs. Dawn Hoover, Vice Chairperson Mr. Doug McCoy, Mr. Elbert Batton, Mr. Phil Baughman, Mr. Mac Jonassaint, Alternate Mr. William O'Brien, Ms. Brass, Mr. McCreary, and Alternate Mr. Keefe. Council Member Ritter moved to reappoint Ms Brass and Mr. McCreary, as Regular Members and Mr. Keefe, as an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, terms May 1, 2017 to April 30, 2020; seconded by Council Member Clark. O'Connor — need to see these people, know there views are, need to know there expertise. Watford, understand and agree with what you're saying, but these are reappointments by people who have been serving for awhile. The other issue is no one else applied. Be srue to convey our appreciation to them to serve, this is a non -paid position. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. E. Consider a request for a joint workshop with the Board of County Commissioners and Okeechobee Utility Authority Board on March 30, 2017, at 6:00 p.m. at the Okeechobee County Civic Center — City Administrator. Page 6 of 8 Watford think this is a very important issue. Think this would be a good thing to all get together and talk about the various issues we have. Announce we will have a joint workshop. Everyone plan to attend this workshop. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. ITEM ADDED TO AGENDA: F. Motion to approve a request by the National Society Daughters of the American Revolution, Okeechobee Chapter, for a Contribution to the cost of placing two history markers in the Battle of Okeechobee Historic State Park - City Administrator (Exhibit 6). Exhibit Six contained a letter signed by Mrs. Susan H. George on behalf of the Okeechobee Chapter of the National Society Daughters of the American Revolution explaining that the non-profit group received approval from the Florida Department of Environmental Protection to have two limestone and bronze plaque history markers placed next to the 1837 Battle of Okeechobee monument located within the State Park. The markers will honor those who fought and the importance of the battlefield site. The estimated cost is $14,000.00. To date they have received $2,030.00 in donations and a $2000 pledge from the Friends of the Battlefield. They are requesting a $2,500.00 contribution from the City in hopes of having the markers completed and dedicated during the Okeechobee County Centennial Year. Distributed a revised list of contributions and pledges to date, grand total of $9,605.00. Balance is now $4,395.00 Watford defer MDO, funds to use. Suggest at least half the amount the County pledged. Ritter, fortunate to have someone like Su in our community who works tirelessly on these projects. Council Member Ritter moved to approve a contribution in the amount of $2,000.00 ; seconded by Council Member Chandler. MDO we have enough funds to cover the amount. Clark wasn't sure what the city has done in the past on projects that are community items and located outside the city limits but is part of our heritage. Watford serve on the Battlefield Friends as Treasurer. Ritter and I serve on the same board. Over time we are going to see more and more people use the park and the more things we get in there and historic items the more people will use it and want to see it. Watford surprised when filling the economic impact forms for TDC request for funds, surprised the number of hotel rooms are booked for this event, participants they actually come and spend money in this town, it does generate some money for the city. Cook turned down a request to help fund the county airport sign. Will leave envelpes for anyone wanting to make a donation. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. ITEM ADDED TO AGENDA: G. Motion to adopt proposed Resolution No. 2017-01 - City Administrator (Exhibit 7). Council Member Clark moved to adopt proposed Resolution No. 2017-01; seconded by Council Member Ritter. Page 7 of 8 Attorney Cook read proposed Resolution No. 2017-01 by title only as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, OPPOSING SENATE BILL 20, AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD CAUSE FOR THE PURCHASE OF UTILIZED AGRICULTURAL PROPERTY SOUTH OF LAKE OKEECHOBEE AND ARY FROM THE COMPREHENSIVE EVERGLDES RESTORATION PROGRAM AND CURRENT EVERGLADES RESTORATION PROJECTS; PROVIDNG FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Ritter update from public meeting held Friday in Pahokee by Senator Joe Negron. Auditorium only help 400, max to capacity and people outside. Have agood relations with Pahokee, Glades and Henry county and were able to sit in the front row seats. Negron sticking to his guns and believes he has a seller. Rick Radish farmer and legislator, questioned Negron on the issue, Dem leader had to put his neck out and tell them to take it back to Tallahassee to hash it out. They had cards for audience could ask questions from Negron. Very similar to dairy buy out here years ago. Melissa McKinley rep from PB county questioned and called out the senator of several issues and told him she would hold his feet to the fire about job loss and economic impacts. He still believes in the 60,000 acres. I don't believe personally that they need that much acreage to do what needs to be done. Watford very important issue and we need to protect our community. Doesn't mean a lot but puts it on record. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VIII. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7:11 P.M. Page 8 of 8 City of Okeechobee, March 21, 2017 Meeting Minutes taken during the meeting by B. Jenkins CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on March 21, 2017, at P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974, [I. OPENING CEREMONIES: The invocation was given by Reverend Jim Dawson, Associate Pastor of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Present Council Member Monica Clark Present IV A. V A I] Council Member Mike O'Connor Present Council Member Gary Ritter Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present Fire Chief Herb Smith Present Police Chief Bob Peterson -P-rese+t Moor poinaurl Public Works Director David Allen Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present PROCLAMATIONS AND PRESENTATIONS — Mayor Present a Ten -Year Longevity Service Award to Police Officer Cesar Romero. On behalf of the City, Mayor Watford and Police Major Hagan presented Mr. Cesar Romero with an embossed portfolio and a framed certificate which read, `7n recognition of your 10-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from March 12, 2007, to March 12, 2017." He was accompanied by M or Haqt ,n 1.ongevti�aU 'gar Smr prevnl s .0 Member of EwkT Team DW- TM4k clou -fir Uou.r &micf -ftnk e"ne. 1h been & Pkasare,. 6R- e Providks un/oek sexvice� AGENDA AND PUBLIC COMMENTS - Mayor Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Items F and G, with Exhibits 6 and 7 were added. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. None - Page 1 of 11 err on B. Public participation continued. Page 2 of 11 VI. MINUTES — City Clerk A. Motion and second by Council Members'` andLL to dispense with the reading and approve the Summary of Council Action for the March 7, 2017, regular meeting. Discussion: 3 ; VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA VII. WARRANT REGISTER - City Administrator A. Motion to approve the February 2017 Warrant Register: GeneralFund................................................................. Public Facilities Improvement Fund ............................... Capital Improvement Projects Fund ............................... Community Development Block Grant (TMDL) Fund..... Law Enforcement Special Fund ..................................... $474,820.97 $ 9,747.41 $507,343.58 $ 4,550.00 $ 50.00 MOTION CARRIED. Council Member 6� and LL moved to approve the February 2017 Warrant Register in the amounts: General Fund, four hundred seventy-four thousand, eight hundred twenty dollars and ninety-seven cents ($474,820.97); Public Facilities Improvement Fund, nine thousand, seven hundred forty-seven dollars and forty-one cents ($9,747.41); Capital Improvement Projects Fund, five hundred seven thousand, three hundred forty-three dollars and fifty-eight cents ($507,343.58);Community Development Block Grant (TMDL) Fund, four thousand, five hundred fifty dollars and zero cents ($4,550.00); and Law Enforcement Special Fund, fifty dollars and zero cents ($50.00); seconded by Council Member Discussion: kca VOTE: WATFORD — YEA CHANDLER — YEA — O'CONNOR — YEA RITTER — YEA MOTION CARRIED. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (0 09 P.M. A.1.a) Motion and second by Council Members NO and 11b It 4 to read proposed Ordinance No. 1153 by title only, extending the moratorium on medical marijuana businesses for 180 days — City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA — O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C) City Attorney Cook read proposed Ordinance No. 1153 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Page 3 of 11 viv, 2.a) Motion and second by Council Members NC and M. to adopt Ordinance No. 1153. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public. NMI JWU. PUTS haue a pa (od & t ui�S pw- -hrno rUl0d t-firld out rquJOdns I►'rvolved. Mo +bjc- bun+�. hv*aj-� IrQnod out. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA (— YEA O'CONNOR — YEA RITTER — YEA InOTION CARRIED. b.'12 Page 4 of 11 IX. NEW BUSINESS Arn A.1.a) Motion and second by Council Members L and Wto read proposed Ordinance No. 1151 by title only and set April 4, 2017, as a Final Public Hearing date, to adopt the International Property Maintenance Code — City Attorney (Exhibit 2). b) Vote on motion to read by title only and set Final Public Hearing date. VOTE: WATFORD — YEA CHANDLER — YEA CUMK—YEA-_ O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney Cook read proposed Ordinance No. 1151 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66- GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE �� 11DATE." 2.a) Motion and second by Council Members G R and Moto approve the first reading of proposed Ordinance No. 1151. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public. moreur f brouaJh� b — MDC0)— o�r)04 ua0 C�v qLUS&PS � 6R— uolvefm is z iP Somm daw aqtu---,j saris py-o a dcah. 3 JQ - s Cah wear -k ab MC. gsts ? J017' - 0-nkno w n M c — 5 /Q t frs du n AP rock, Ca n bey, hard � &ol �' Jew lie ham -k answr to cam- sulwwwr-i., ,f hol sfo-Al slop Gvr 3* nee- nwkf sari. has Nth VIJ, airge � r1,Qcd ,�rrne -&yk hr.&, JW- evc �s work 1* 3 iT holds har4s w d h ff M3 eodf-, Fred &WI 0 d5afi7�Qd U'' tt� 20�?�' a ccr �oC s qr �r�,10AA i Q elE6. c�Vote onmotion. �� � J ��� VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK ( YEA _._MOTI04 CARRIED. Page 5 of 11 B.1.a) Motion and second by Council Members LL and LLto read proposed Ordinance No. 1152 by title only and set April 4, 2017, as a final Public Hearing date, for Right -of -Way Abandonment Petition No. 17-001-SC, submitted by Jeremy LaRue - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final Public Hearing date. VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YEA O'CONNOR - YEA RITTER - YEA (-"MOTION CARRIED __: c) City Attorney Cook read proposed Ordinance No. 1152 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN STREETS AND RIGHTS -OF - WAY AS DESCRIBED HEREIN, A PORTION OF NORTHWEST 10T" AVENUE BETWEEN NORTHWEST 7T" COURT AND 8T" STREET, NORTHWEST ADDITION SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 25 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion and second by Council Members _LC_ and to approve the first reading of proposed Ordinance No. 1152. b) Public comments and discussion. Mayor Watford asked whether there were any comments or questions from the public. bib— Ing-A slaf--P r —1 8- 33 req u firn. TIRC recavWjds 0Tf wo 940ahm om ; dyy rwnunJ 6 P- dimaz y Ulna, c) Vote on motion. VOTE: WATFORD - YEA CHANDLER - YEA CL" ^" YE O'CONNOR - YEA RITTER - YEA MOTION CARRIED. Page 6 of 11 C. Motion to approve LaRue Planning Scope of Services for City Annexation Study — City Administrator (Exhibit 4). BDb Fri r* Council Member Aomoved to approve (an addendum to the existing) LaRue Planning and Management Services, Inc., Scope of Services for City Annexation Study, (not to exceed $11,500.00); seconded by Council Member NC Within Exhibit 4 contained a proposed addendum to the existing Planning Consultant Services Contract with LaRue Planning and Management Services, Inc., to specifically provide an annexation study in the amount $11,500.00. The study area criteria as a basis for identifying potential annexation areas warranting further evaluation will be: -Areas outside the City that are designed Urban Residential Mixed Use on the County Conceptual Future Land Use Map dated June 9, 2016. [insert description of areas on the map ** need a color, clear map copy] -Areas that can be serviced, at acceptable response times, by the City Police, Fire, and Emergency Medical equipment and personnel. -Areas that receive water and sewer service from the Okeechobee Utility Authority. -Properties, owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. After preliminary determinations of potential annexations areas are made, the targeted properties will be identified on map(s); and their physical description with County Future Land Use, Zoning, and assessment of existing infrastructure conditions. Explanation of annexation process under F.S. 171 Ad -valorem real property impacts if annexation occurs. Other general fund revenue impacts if annexation occurs Fiscal impacts if annexation occurs (will rely on City and OUA staff input). Possible strategies for the City to pursue Study to be completed no later than August 1, 2017. Discussion: NioO— last �l t3ud n r �Oossrb/P oAnW enj a,s<fe 7d urn Cit .v pQ_ urban RPs. /nlyed use a4ow • y, OWSPtMS ?Fr A0b eaj��' MC — Orhat) bs MIXed use It) Skdo j ? i��o- �w�cosbut np Caun ►m�Or�m. C�2 - &fMatil alb Corrid0f- W/ �0� �Urtwo k anr�fo 6_� moo- dyy Ser-v'Us any � Y� -bhg Mac- 1.ai-,7e1 tW-rs CI,rQ 69SGQW? � o � ()Q_ /,b� t�a.O l f ann Leo mm aD /4w kC-- 110 r /irm hUSInO s N- J`02 ? - �I%CQ S VOTE: � U WATFORD — YEA CHANDLER — YEA CLA — EA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 7 of 11 D. Consider appointment to the Planning Board, Board of Adjustment, and Design Review Board — City Clerk (Exhibit 3). Exhibit Five contained a memorandum explaining advertising in multiple media sources, the City Clerk's Office did not receive any new applications. All three members, whose terms sunset April 30, 2017, have requested to be re -appointed. Their attendance record, over the current term (May 1, 2014 through April 30, 2017) is as follows: Karyne Brass and Les McCreary, 24 meetings have been held to date; Ms. Brass has been absent 2 times, with consent. Mr. McCreary has been absent 7 times, with consent. Bobby Keefe (January 7, 2015 through April 30, 2017), 19 meetings have been held to date; he's been absent 3 times, with consent. Current Members are: Chairperson Mrs. Dawn Hoover, Vice Chairperson Mr. Doug McCoy, Mr. Elbert Batton, Mr. Phil Baughman, Mr. Mac Jonassaint, Alternate Mr. William O'Brien, Ms. Brass, Mr. McCreary, and Alternate Mr. Keefe. Council Member %',moved to re -appoint Ms. Brass and Mr. McCreary, as Regular Members and Mr. Keefe, as an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, terms May 1, 2017 to April 30, 2020; seconded by Council Member, Mo- i 2dfospP fa!dSri sd&� poc -c vw-frpm usI� v�dand n00%h-aff1f�r���� C p- afire., hu# rn nas� U�P�btOTE: /YlpA/ /l2f sS• WATFORD — YEA CHANDLER — YEA CLARK — YFn O'CONNOR — YEA RITTER — YEA �OTION CARRIED. E. Consider a request for a joint workshop with the Board of County Commissioners and Okeechobee Utility Authority Board on March 30, 2017, at 6:00 p.m. at the Okeechobee County Civic Center — City Administrator. Council Members and moved to , m - dbn4 nod a mob n . y" 1mpbr-4 Kf �_ss w s io addvss dtyd 4s WoOd Ie uVY aft us, W fi u 4rr 3/30 P �ie &v4cr q8 WATFORD CHANDLER — YEA O'C0NN0R�— YEA ITTER — YEA _CLARK - YEA MOTION CARRIED. Page 8 of 11 ITEM ADDED TO AGENDA: F. Motion to approve a request by the National Society Daughters of the American Revolution, Okeechobee Chapter, for a Contribution to the cost of placing two history markers in the Battle of Okeechobee Historic State Park - City Administrator (Exhibit 6). Exhibit Six contained a letter signed by Mrs. Susan H. George on behalf of the Okeechobee Chapter of the National Society Daughters of the American Revolution explaining that the non-profit group received approval from the Florida Department of Environmental Protection to have two limestone and bronze plaque history markers placed next to the 1837 Battle of Okeechobee monument located within the State Park. The markers will honor those who fought and the importance of the battlefield site. The estimated cost is $14,000.00. To date they have received $2,030.00 in donations and a $2,000.00 pledge from the Friends of the Battlefield. They are requesting a $2,500.00 contribution from the City in hopes of having the markers completed and dedicated during the Okeechobee County Centennial Year. Council Member moved to approve a contribution in the amount of $ seconded by Council Member klrs. Su 6a!o c In &k-ndow0- DW - M Do trh a,p s -ands I n U_fi' It u , MDO- oo Cv rn m ge,+�r , � • C �2- iv iWmak., -z have u7 d u r co Mofica�i n7a tch w h � � h1v CUB tr�h 0j 4�''200 se n Ca of A16. M/D0- �av) cov-er *2aco . Mc- oltdrt�knoto ht�. of Catty Carlln�accfii2� fv r{tMs Qt�fsid� L�n�s. Dlv— �!�y Genccm bp SeiYin rvCtc'�n.�l"a,- �h¢ recorct� 1 serve as /easteru-Dn �t6u's D�aL. C R- __ _HW rP C40 UO/ 1 L,ce 9?rVed M � s /�d�,rd . f�t� f0 00 n 7�lk676 G'o/�tP 1�n:'I d cS�l'1d �iyl Ctc' 14 16f d-�Q, bctlwo i g r -rod down rp?aa -f d Cv VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 9 of 11 ITEM ADDED TO AGENDA: G. Motion to adopt proposed Resolution No. 2017-01 - City Administrator (Exhibit 7). Council Member Council Member moved to adopt proposed Resolution No. 2017-01 opposinq Senate Bill 10; seconded Attorney Cook read proposed Resolution No. 2017-01 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; OPPOSING SENATE BILL 10, AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD CAUSE FOR THE PURCHASE OF UTILIZED AGRICULTURAL PROPERTY SOUTH OF LAKE OKEECHOBEE AND VARY FROM THE COMPREHENSIVE EVERGLADES RESTORATION PROGRAM AND CURRENT EVERGLADES RESTORATION PROJECTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." A- C R a*nde d IAI ,n &Oke-6fW GAR- Q tom i S a-0 • you +U!Co s /V is S ow his s ad qtolej a co Qs Ow Alf jjyl Mb sir d As i VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA Page 10 of 11 On M VIII. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at - l P.M. Page 11 of 11 e— IVofo s ted 7hl ? ���=- Sfrucfur� i'�suv , ftnp an I rru)si Aat-p atdhw2-o-tcn -�b how w, -to y2- Pzb1 �akC� -zvX a #i Tl a, C(J CZ sxw,&/ 100A S btv a� � 6 '.. �l. Ll j Y / ? \+r '_O � � "-- .� ����t • +J�.+_ �✓ \���JI �1�0 V �tF rs ►^� ; y ba a 1` �' bt) _ S /.i � s G 4't has�c q t� C�nr - Okeechobee, FL Code of Ordinances Page 1 of 1 Sec. 90-666. - Other temporary structures. Other temporary structures subject to the following regulations: (1) Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. (2) Carnival, circus, fair or other special event operated by a non-profit organization on or abutting their principal use. (3) Commercial carnival, circus or fair in commercial or industrial districts. (4) Similar temporary structures where the period of use will not exceed 30 days a year. (5) Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. (6) Remove all debris within 48 hours of expiration of permit. (7) Have notarized written permission of property owner, if applicant is not the property owner. (LDR 1998, § 681(4); Ord. No. 820, 3-18-2003) about:blank 3/21 /2017 0 tf.:.44„l ` f � Ifo U�Urn� ��� �`• �44•Pff G\�y .oF 'okF�c ti r��• m '. r�� 0 .1915 Ci*tt*j Of Okeechobee March 9, 2017 Mr. Cesar Romero 3827 Northwest 36th Street Okeechobee, Florida 34972 Dear Mr. Romero: Time sure does fly when you are having fun! Can you believe it has been 10 years since you first became a member of the "City Family." At this milestone the Mayor and Council would like to take time during the March 21, 2017, meeting to recognize your contributions to the City. A presentation is being scheduled at the very start of the meeting, which begins at 6:00 p.m., to extend to you a longevity service certificate and award. As a way of saying "Thank You" to our employees for their dedication, I would also like to point out that by reaching this milestone there will be changes to your benefits. Beginning in March, your annual leave accrual will increase to 10 hours per month and 50 percent of your sick leave balance is eligible as a paid benefit, so long as separation of employment is on good terms. You have met the number of years of service that Education Reimbursement Contracts are no longer required. Then finally, you are now considered a vested member of the Police Officer's Retirement Fund. It is an honor for me to have the opportunity, along with the Mayor and Council, to offer a most sincere, "Congratulations, for a job well done." May there be several more years to come. Should a scheduling conflict arise, please call my office, 763-3372 ext. 215. We will be sure and give you a reminder call the day of the meeting. Feel free to invite family members and friends so that they too, may share in this occasion. Sincerely, V tGaLaneiot , CIVIC City Clerk/Personnel Administrator LG/bj Ecopy: Police Chief Peterson 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 Exhibit 1 ORDINANCE NO. 1153 Mar 21, 2017 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida heretofore approved Ordinance No. 1146, which created a moratorium on the issuance of any permits or Business Tax Receipts for the establishment of a business to engage in the dispensing of medical marijuana, due to lack of State legislation on the subject; and WHEREAS, Ordinance No. 1146 by its language, is set to expire on or about April 1, 2017, and the State of Florida has yet to announce any State regulations or legislative action to offer guidance to local government, so the City deems it appropriate to extend the moratorium previously enacted. NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. THAT the City Council of the City of Okeechobee, Florida, hereby enacts and imposes a Moratorium which has the effect of prohibiting and preventing any Department of the City of Okeechobee from accepting an application for Business Tax Receipt, Occupational License, Land Use or Zoning change, Special Exception, or in any manner acting upon a request of any person or entity for the establishment of a business location within the City that is for the purpose of selling, distributing, advertising, or in any manner promoting the sale and/or distribution of marijuana for medical, or any other purpose. SECTION 2. THAT this Moratorium shall remain in effect for 180 days from the effective date hereof, pending further action by the City Council of the City of Okeechobee, Florida, which may then impose additional regulations, or Land Use or Zoning restrictions, on the operation of such a business. SECTION 3. THAT this Moratorium shall expire automatically without further action by the City Council of the City of Okeechobee, Florida, 180 days from final adoption of the Ordinance unless the City takes further action to extend it. SECTION 4. THAT upon issuance of regulations or legislation by the State of Florida on the means, method and location of dispensing organizations prior to the expiration of this Ordinance, the City of Okeechobee may, at that time, address the adoption of local Ordinances to further regulate the dispensing, Zoning, and location of such business' within the City. SECTION 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 6. Should any provision or portion of this Ordinance be declared by a 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 7. This Ordinance shall take effect immediately upon its passage. Ordinance No. 1153 Page 1 of 2 INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of March, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 21st day of March, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1153 Page 2 of 2 ;�2 7 Minute Rtnkef �q�I� STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a 'a" A' &<-) h'6-E'C-e, in the matter of ► t_ E=�, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 3(lb /� --/ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this (1 �` day of DL y AD Notary Public, State of Florida at Large ., ANY?U ••., ANGIE BRIDGES -��.• G. MY COMMISSION # FF 376149 EXPIRES:ApdI20,2020 Bonded Thru Notary Public UndGmTibrs Okeechobee News 107 SW 17th Street, Suite D_ Okeechobee, Florida-34974 863-763-31,,\ 4 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Mar. 21, 2017, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance Into law: No. 1153: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARDUANA MORA- TORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT• PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council in support or opposition to any Rem on the agenda, a copyy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. Clerk Lane Gamlotea, CMC ON 3/10/2017 Mar 21,2017 ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, PROVIDING FOR AMENDMENTS TO PART II OF THE CODE OF ORDINANCES, SUBPART B-LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 66-GENERAL PROVISIONS, SECTION 66-10 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS BY ADDING THE INTERNATIONAL PROPERTY MAINTENANCE CODE TO THE LIST OF CODES AND STANDARD INCORPORATED BY REFERENCE; PROVIDING FOR AMENDMENTS TO SAID IPMC; PROVIDING FOR CODIFICATION OF AMENDMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716, as amended, known as the Land Development Regulations; and WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency, reviewed and discussed the proposed amendments, also known as Land Development Regulation Text Amendment Application No. 17-001-TA, at a duly advertised Public Hearing held on February 16, 2017, and hereby recommends that these amendments to the Code of Ordinances not be adopted by the City Council; and WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the Planning Board and concludes that enacting such amendments to be in the best interest of its citizens of said City, that said amendments are necessary and appropriate to make the Land Development Regulations more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of Ordinances, Subpart B-Land Development Regulations, Chapter 66- General Provisions, Section 66-10 Construction design and improvement regulations, (a) Codes and standards incorporated by reference, as follows: (5) International Property Maintenance Code. (a) That a certain document, one copy of which is on file in the Office of the Building Official of the City of Okeechobee, being marked and designated as the International Property Maintenance Code, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Okeechobee, in the State of Florida for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use: and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; Ordinance No. 1151 - Page 1 of 3 language to be added is wdedi . language to be deleted is skulk-Uougti. providing for the issuance of permits and collection fees therefor: and each and all of the requlations, provisions, penalties. conditions and terms of said Property Maintenance Code on file: in the General Services Department of the City of Okeechobee are hereby referred to, adopted and made a part hereof, as if fully set out in this legislation, with the additions insertions deletions and changes if any prescribed in Section 2 of this ordinance SECTION 2: SPECIFIC REVISIONS. The following sections of the International Property Maintenance Code are hereby revised as follows: Section 101.1. Title. Insert City of Okeechobee as the name of the applicable jurisdiction. Section 102.3. Insert at end of first sentence: and any and all applicable current Florida Building Code or Florida Fire Prevention Code provisions. In the event that any conflicts or inconsistencies may be found to exist between any of the provisions of the International Property Maintenance Code, as adopted by this ordinance and the provisions of either the Florida Building Code, as set forth in Chapter 553 Part IV Florida Statutes, or the Florida Fire Prevention Code, as set forth in Chapter 633, Florida Statutes, the or visions of the Florida Building Code and the Florida Fire Prevention Code respectively shall prevail. Section 103. Department of Property Maintenance Inspection. Is to be renamed "City of Okeechobee Code Enforcement Department." Section 103.1 General. Delete the words "department of property maintenance inspection is hereby created," and insert in its place and stead the words: "City of Okeechobee Code Enforcement Department has been heretofore created." Further, wherever the words "department of property maintenance inspection" or "code official" may appear, substitute the words- "City of Okeechobee Code Enforcement Departmenf' and the words "Code Enforcement Supervisor," respectively_, Section 106.3. Prosecution of violation Insert at the end of section, the words: The City of Okeechobee Code Enforcement Department may in addition or alternatively, to pursuing any such criminal or civil penalties or seeking injunctive relief, bring violations for prosecution be1`ore the Code Enforcement Board in accordance with all of the provisions of and pursuant to, the enforcement Procedures established under the City of Okeechobee, Code of Ordinances Chapter 18, or Chapter 162 Florida Statutes. Section 106.4. Violation Penalties Insert at the end of section, the words: The monetan� penalties that may be imposed for violations shall conform to the discretionary limits set out in Chapter 162 Florida Statutes. Section 111. Means of Appeal An appeal o1`any decision of the City of Okeechobee Code Enforcement Department shall be governed by the provisions of Chapter 162 Florida Statutes. Section 112.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as set out in the City of Okeechobee Code of Ordinances Appendix G. Section 302.4 Weeds. Insert: 12 inches Section 304.14 Insect screens. Delete the words: "During the period from [DATE]to DATE ." Section 602.3 Heat supply. Insert November 1st to March 31st. Section 602.4 Occupiable work spaces Insert: November 1st to March 31st Ordinance No. 1151 - Page 2 of 3 Language to he added Is it Language W be deleted is etraslF�preugp. SECTION 3: CODIFICATION, INCLUSION IN CODE. It is the intention of the City Council for the City of Okeechobee, that the provisions of this ordinance shall become and be made part of the City of Okeechobee Code of Ordinances, and that sections of this ordinance may be renumbered or re -lettered that the word 'ordinance" may be changed to "section," "article," or such other appropriate work or phrase in order to accomplish such intention, and regardless of whether such inclusion in the Code is accomplished, sections of this ordinance may be renumbered or re -lettered and typographical errors which do not affect the content may be authorized by the City Clerk without need of public hearing, or filing a corrected or re -codified copy of same in the Office of the City Clerk. SECTION 4: CONFLICTS OF LAW. This section is enacted to be supplemental to existing ordinances and does not replace or supersede previously adopted ordinances; whenever the requirements or provisions of this Section seem to conflict with the requirements or provisions of any other lawfully adopted ordinance, code, or statute, the Code Enforcement Department may elect to proceed under such ordinance, code, or statute deemed most expedient to the City, unless the conflict is irreconcilable, and in that event, the most restrictive requirements shall apply. As the International Property Maintenance Code will be subject to periodic amendment, the City will, by ordinance, adopt such amendments as deemed appropriate. SECTION 5: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 215t day of March, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 4th day of April, 2017. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1151 - Page 3 of 3 Laguage to be added is undcat +edi Language to be deleted is WwakYaaugp. 2*015 11N i ck04,4A i iuiNA- C.L.JLJ'. REDLINE VERSION shows changes from the 2012 edition INTERNATIONAL Property Maintenance Code vw 0 V 00 ►� Q fV t 66 w� IV PJ 8 `-o tmc cY c 6 a)b Z E = E _ -o -c '5 d �o "' o) LE U fE a) Eo E U co o D O m o co U n S > °> ) o c E L c H y Co o m p> m c a) L a) E c E E a) 0 c CD = a) ._ � aoi o m CD a)a) OU L 3 Q) o U o U L U Q gm CCU a O v O Q a) t 2 cu w 2 0 3 o _. 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WHEREAS, the City received Abandonment of Right -of -Way Petition No. 17-001-SC from Mr. Jeremy LaRue, Manager of Total Roadside Services, LLC, property owner, petitioning closing a portion of a certain dedicated, unimproved street as described in this Ordinance; and WHEREAS, the Technical Review Committee forthe City of Okeechobee reviewed and discussed proposed Petition No. 17-001-SC at a duly advertised public meeting held on January 19, 2017, and recommends approving with the following conditions: That easements be granted to the City of Okeechobee and the Okeechobee Utility Authority as requested within the Petition materials; and WHEREAS, Petition No. 17-001-SC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on February 16, 2017, and determined such Petition to be consistent with the Comprehensive Plan and recommends approval with the following conditions: That easements be granted to the City of Okeechobee and the Okeechobee Utility Authority as requested within the Petition materials; and WHEREAS, the City Council reviewed Petition No. 17-001-SC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The Street described hereafter, and as shown on EXHIBIT A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: A 200-FOOT BY 60-FOOT PORTION OF NORTHWEST Ile AVENUE (FORMERLY KNOWN AS PENSACOLA STREET) LYING EAST OF BLOCK 13, NORTHWEST ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SPECIFICALLY THE WEST 60-FEET OF THE 70-FOOT RIGHT-OF-WAY, LOCATED SOUTH OF NORTHWEST 8T" STREET (FORMERLY KNOWN AS le STREET) AND NORTH OF NORTHWEST 7TH COURT (FORMERLY KNOWN AS SEABOARD AVENUE), NOT INCLUDING THE INTERSECTION OF NORTHWEST7TH COURTAND 10TH AVENUE. Ordinance No. 1152 - Page 1 of 3 SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the vacated portion of Northwest 10th Avenue. SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: Effective Date. This ordinance shall be set for Final Public Hearing to be held on April 4, 2017, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 2151 day of March, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk Dowling R. Watford, Jr., Mayor PASSED AND ADOPTED after Second Reading and Final Public Hearing this 4th day of A ril, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1152 -Page 2 of 3 ORDINANCE NO. 1152 —EXHIBIT A �to 9 8i7I6 514�3�2 I f0'9 817 615f 4 3121r ( I ( .Y u I Ji `12 !34115 t6ji7i18,l912If i2 13 14,15 15 17i1$j19�20 Z J 1.. ��i.. I.. �.. i.. �..!.. ( w 13ai..... . I.. I..i.. j.. I I..• NORTH --! so I > 101 9 8 17 6 1 `I '5 4 3 12 1 i 1— E < � �10 9!B17161 5�4l3!2jto RAILROAD w ' NW 8TH STREET (F/KIA 14TH ST) Im U 1 10 9( 8 i 7 16 ! 5 1 4 1 3 2 i 1 10. 9, 8 17 i 6� 5 14 i 3 i 2 ! w ! I_�_� .q - �_ BLOCK 13, NW ADDITION C I I! 112j13f1411.5i16:17k8I19126 11!I2I13 141i5 1sI17!18V1912.0 � NW 7TH COURT (F/K/A SEABOARD AVE) _ 1 y I c. 10 9 3 ? 6 5 14 I3 12 1 1. 31141151 i'Si17IIsil]120 10 1 9 1 8 7 16 15 14 3 so "2 2 i 1. r� 8 i1112'I3114ii5116i!7(!8I9 I, I 'l� •• I . 1 I c I;R.s U Q 1 _t NC)P rH SEVENTH a to a 10 9 131 7 6 f 5 i4 j3 12 i i �10 9181 716 5 14 i5 2 �Ir I II I I 14 1 J i I 1 12 131 14 115 � I 16117 i1 is 19 •o 20 II 144 lie 13114115� i6l 17 18 It 19 120 1 (, a N0R_ r H SIXTH to So i I I I g 10 s (8 I t; S 14 3 NINTH EIGHTH I I1425' 1425 I 12 2 13 3_ 14 4 115 _r 16 6 . .. 17 7 is 9 o � 1 It 12 :I�10;9 i8 c I i r i I I 12�3N,, 141{11 1I1_ I 9 !3 A 1 1 1- 2 1r15 I6 17 rd 8 19;1� r ff14l!T5I617 8Tig, J —r .. j v t0I9 6 ;T7 2 A Ordinance No. 1152 - Page 3 of 3 CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street PAGE 1 Okeechobee, Florida 34974 863-763-3372 X 218 Fax. 863-763-1686 ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO. 17- 001-2— Application fee (non-refundable) Date Fee Paid: ) ol- b- ► jp Receipt No: (4 0020 $600.00 TRC Meeting: Publication Date: Note: (Resolution No. 98-11) Schedule of Land Letters Mailed: PB/gOA Meeting: to Publication Dates: Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds th ; Letters Mailed: i established fee, or when a professional (d 2b consultant is hired to advise the city on City Council in Reading: 3-a �7 CMR Letter E-mailed: CityCouncil Public Hearin Publication Date: g'y- �� application, the applicant shall pay the ac at costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Ri ht-of-Way to be Abandon d: (EO, PoR 1lp�( Oi� /V cJ /OM /-)UG Ciz/KIA SAWLl) -o i � 1. 4{ r ttk,6:AST Of �JLOCK l3 No Ab-01-UovA -P-E 1) _P a5 SS A J f�Gi�llY S HE WEs i (001OF 1 HG 11c, R-o-c.) LvcATE-0 '5013:Z0 O'F MW 'i�i :— STRc� Io it q 21 UT saes Nd t =ts c[ , `mac z[ RS�c-c-ta a*c c� F_ rl-t�,cam'` Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy, 441 South, Okeechobee, Florida 34974, 863-763-3154. Purpose of the Right -of -Way Abandonment: TAC: Cokka-MT 4RTz_— H-r A L DAY.Z—, L.aC-Al-elb AT 11 `7CAbE!Nc� Ra•i��;�s� �2AJ:LR6a'b. LAVE -_Port-v L01r1{ C7rtSTtjf ilr�t� J�(p Erqa �UTvpE Z>����c�� �.vi of iy� ,!4,1 4 .._LS 9iv�� L�AT��, 7 �Ic RFyJtA /Y:L/Yr 17. Tc df' �' G c `fit ?L h� c D 62A(b E2 1>C,4XN j6,F 7Tf(e 4ac q tx)oui_i) —gc o,54T,>Lc 'FoR -TN-c i2o?oSE� PAGE 2 PETITION NO. ) 7 001-.S"-- Name of property owner(s): SERv-T?— L— LLXf i E R— Owner(s) mailing address: (FO -f�O K j q r] Owners) e-mail address: (-LSEBJ— E Owners) daytime phone(s): (Q3 _(p3c; — � r) U o Fax: Required Attachments al Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS e� Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right-of-way. List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) II-� I Confirmation of Information Accuracy II I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonmenr?f up to 30 days and may result in the summary denial of this petition. Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1,, -Pro _osed�vacation s'corststent �th;th�e Com'i;ehensige Plan:: i HAS ZS S TE i-DUF--To No -FoTUQE RoA17. L-L)AY ZS NG-1 TES —to c)f r' - k4b Lw A V, 2Ri ht of�wa .to bevacated is�not thesole access town _ro a L, ,andtlie remain_ m aCCeSS'15�110t an easement � _ -Y-�. 5 o-r A_. O CC!✓5 O., m J,t.6`- .2 R-T;' A /-kc.cSS E THC 3 ;Pro ;ose��vacatton;is inn tie � ublrc�nterest and; rovic�'es:a�benefit to t1e�Ci �`� `�� `— r E T '— e s i b o— s- S b rnc.��v f J to 6L S =AE 0AZCE_L 4 fro osed�acation wouldot o" ardize thelocation of a _ utilit .. RE "i W - 11-tE_ ZtCWr A- w5,7u address the request and evaluate it and the Petitioner's vi r7.1 �ia and offer a recommendation for approval or denial). (omik A 4. 3 k address the request and evaluate it and the Petitioner's vi r7.1 �ia and offer a recommendation for approval or denial). (omik A 4. 3 k rage i or 2, Okeechobee County Property Appraiser W.C. Bill Sherman, CFA Parcel:35-0160=00130-0 010= » Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (3) $27,451 Mkt Land (2) $15,292 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (o) $0 XFOB (o) $0 Just $27,451 Just $15,292 Class $0 Class $0 Appraised $27,451 Appraised $15,292 Exempt $0 Exempt $0 Assessed $27,451 Assessed $15,292 Total Taxable county:$27,451 city:$27,451 Total other:$27,451 Taxable school:$27,451 county:$15,292 city:$15,292 other:$15,292 school:$15,292 2016 Tax Roll Year updated: 12/812016 Aerial Viewer Pictometery Google Maps Sales History Sale Date Sale Price Book/Page Deed W1 Quality (Codes) RCode 6/6/2016 $24,000 776/0505 QC V U 11 11/19/2015 $20,000 767/1116 QC V U 11 12/19/2013 $6,500 740/0675 TD V U 11 2/24/2006 $0 593/1605 PR V U 01 10/17/2005 $0 580/0778 PB V U 03 4/1/1982 $12,000 249/0982 WD V U 03 7/1/1972 $0 140/0265 QC V U 03 4/1/1972 $12,000 136/0238 WD V Q Building Characteristics http://ap2.okeechobeepa.com/gis/recordSearch_3_Details/ 12/15/2016 FILE h1UM 2rJl] 60o5487 0A G'Y. 776 PG 545 SHARON ROBERTSON► CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA Prepared by and return to: RECORDED 06/15/2016 09:41:52 AM Patricia A. Ragon AMT $24►000.00RECORDING FEES $18.50 DEED DOC $16E.00 Clear Title & Legal Services RECORDED BY M P i n on 202 NW Sth Street Pss 505 - 506; (2 P9s) Okeechobee, FL 34972 863.824-6776 File Number: 2572-16 Will Call No.: Above This tine For Recording Data] Quit Claim Deed This Quit Claim Deed made this 3rd--day76-f-Jii6e 20I6'between Dennis R. Wilson and Linda M. Wilson, husband and wife whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantor, and dotal --Roadside Seryice 17:C- A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots= l—througli=6 arid= Lots=15-'fhrough=`18inclu`sive--and=;the ,!West-_1/2.-of :Lot _19;5=Block=-13, NORTHWEST-.ADDITION TO OKEECROBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Fklorida. Parcel Identification Number313735-0160 00130 001f1 ' Y To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. III Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimeaa Book776/Page505 CFN#2016005487 Page 1 of 2 Si ed, sealed and delivered in ourE_:_" ce: t�&j '& j I , - , 0.: Witness Name: Witness Name State of Florida County of Okeechobee -L * / a (Seal) Dennis R. Wilson (S a ) Linda M. Wilson The foregoing instrument was acknowledged before me this �0 day of June, 2016 by ennis R. Wilson and Linda M. Wilson, who produced drivers license as identification. 0. PATW AA. RA" * * MY CA1,1,(IS M f Ff M5112 EXPIRES: June 2B, 2017 ,?����t Bad�dThiv8u0p�tNafnYSln'kef Quit Claim Deed - Page 2 Printed Name: My Commission Expires: hAdeft JLRoo" DoubleTlmem Book776/Page506 CFN#2016005487 Page 2 of 2 41S Yage 1 of l http://ap2.okeechobeepa.com/gis/recordSearch_3 Details/ 12/15/2016 n 111f111 fflll Ilfll fflll flfll fflN Illllffl Prepared by and return to: FILE NUM 2016010409 Patricia A. Ragon OR B.K 782 PG 1 106 SHARON ROBERTSONr CLERK. OF CIRCUIT COURT Clear Title & Legal Services OKEECHOBEE COUNTYr FLORIDA 202 NW 5th Street RECORDED 11/15/2016 03:57:29 Ph At1T $10.00 Okeechobee, FL 34972 RECORDING FEES $18.50 863-824-6776 DEED DOC $0.70 RECORDED BY M Pinon P9s 1106 - 1107; (2 v9s) (Space Above This Line For Recording Data) Quit Claim Deed This Quit Claim Deed made this 10t'hm#y.ofNovember; 2016 between Stephen A. Moore whose post office address is 694 SE Degan Drive, Port Saint Lucie, FL 34983, grantor, and T6tal=Roadside-Service Center; LLC, A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, grantee: (Whenever used herein the terms "grantor" and "gmnlee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns ofcorporations, trusts and trustees) Witnesseth, that said grantor, for and inconsideration of the sum TEN AND NO!100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: TL-ot-20='and-<the=East�1,/2 of Lot 19 Btock`13;-NORTH.WEST:=ADDITION TO OKEECHOBEE, FLORIDA, according to the Plat thereof, recorded in Plat 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number 3-16-37 35=0160-0013,0-0190 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead. This is vacant land. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity) r the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and sea[ the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: ar WitriessName-(,��Cx O. (Seal) Stephed A. Moore DoubleTimee Book782/Page1106 CFN#2016010409 Page 1 of 2 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this I0th day of November, 2016 by Stephen A. Moore, who [j is personally known or [X] has produced a driver's license as identification. [Notary Seal] 1""Y P44 VALERIE MARTIN * * MY COMMISSION t FF 897093 EXPIRES:JuI 8, 2019 1P4", ,�� eve— uB�q°1Ncary$°rrcv° Quit Claim Deed - Page 2 Notap'PubTic Printed Name: Valerie :"4artin My Commission Expires: DoubleTimee Book782/Pagel107 CFN#2016010409 Page 2 of 2 Okeechobee County Property Appraiser W.C. Bill Sherman, CFA Parcel: « 3=15-37-35-0010=00670-0110" » Owner & Property Info "TRUSTEE & WITTER, Owner . - - 1 .- 4300 SW 53RD PLACE TRENTON, FL 326930000 Site 902 NW 7TH ST, OKEECHOBEE Description * CITY OF OKEECHOBEE LOTS 11 TO 20 INC BLOCK 67 Area 1.603 AC S/T/R 15-37-35 Use Code * VEH SALE/R Tax District 50 (002700) * The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863-763-5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (2) $41,792 Mkt Land (2) $41,977 Ag Land (o) $0 Ag Land (o) $0 Building (o) $0 Building (o) $0 XFOB (1) $6,311 XFOB (1) $5,469 Just $48,103 Just $47,446 Class $0 Class $0 Appraised $48,103 Appraised $47,446 Exempt $0 Exempt $0 Assessed $48,103 Assessed $47,446 Total Taxable county:$48,103 city:$48,103 Total other:$48,103 Taxable school:$48,103 county:$47,446 city:$47,446 other:$47,446 school:$47,446 Page 1 of 2 2016 Tax Roll Year updated: 12/82016 Aerial Viewer Pictometery Google Maps Sales History Sale Date Sale Price Book/Page Deed V/1 Quality (Codes) RCode NONE Building Characteristics Bldg Sketch Bldg Item Bldg Desc I Year Bit Base SF I Actual SF I Bldg Value NONE Extra Features & Out Buildings - ( Show Codes ) Code I Year Bit Value Units Dims Condition (% Good) FENC A I 6'C/L 3BRB I 1998 $5,469.00 790.000 O x O x 0 PD (065.00) Land Breakdown Land Code Desc Units Adjustments Eff Rate I Land Value http://ap2.okeechobeepa.com/gis/recordSearch-3—Details/ 12/15/2016 Quitclaim Deed `:`i0 4 � Z i:':aE015 8 FlU PREPARED BY: ) iiK!. `. . •..'� (. ;;i)• FL. ttonixr J. MI AS. Esq. )pit It 10.5.E S.N. Nn St. t.ucic nAN. ) 331410 I'm St. t.ucic. Florida 3g952 ) �'. i $ U N SN :P': I. nomT %%'n FN RECORDED nIA11.Tn: SCOTr WITTER and ) RENEE A. WITTER ) 2990 NE 52nd Drive ) Okeechobee, Florida 34972 j Parcel I.D. #3 15:37c35 0010 OQG70 0010.'.e ) SPAC'F. AIIOV F FOR RECORDER'S USE Deed made on December 1, 1999, for no consideration, SCOTT E. WITTER AND RENEE A. WITI'T:R, his wife, do hereby Remise, Release and Quitclaim to SCOTT WITTER AND RENEE A. WITTER, Trustees, or their successors in trust, tinder the WITTER LIVING TRUST dated March 12, 1999, and any amendments thereto, with full power and authority to protect, conserve and to sell, or to lease or to encumber and otherwise manage and dispose of said real property described herein, pursuant to Section 689.071, Florida Statutes, whose address is 2990 NE 52nd Drive, Okeechobee, Florida 34972 all their interest in and to the following described real property in the County of Okeechobee, State of Florida: °Cosy I-ttiiviigh-20;ainclusivc,-Bloekz67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. 'This deed was prepared without tllr benefit ofa title search and the description of the property was furnished by the parties. The preparer of this deed assumes no liability whatsoever either for the accuracy of the legal description or the status of the tine to the property. Signets, scaled and delivered in our presence: WitnessSignaurc ` SCOTT E•.WITTER Printed Name P) aks�ec1� Witness I 1lure )-)lcuc!,, Z�,l Printed Name STATE OF FLORIDA COUNTY OF OKEECHOIBF,E RENEE A. WITTE•It Documentary Stamps pail in the amot ut of $ . '1 Ct Class C Intangible Tax pail in the amount of $ $ Sharon Rotterbon, Clerk of Circuit Court OkeectFc a Ccur orida By: I .,D.C. SS Date: r7•-QQ The foregoing instrument was acknowledged before me this December 1, 1999 by SCOTf E. WITTER and RENEE A. WITTER, who are personally known to me or who have produced rL 0r; ,; ems, L ) c. —as identification and who did (did not) take an oath. Notary Public •sjar` •rCi, �Noty d y- 'x" Name of Acknowledger en" ^ SadtnN«1 t MYCQMAII$SIONtCCt11ti8fi3 EXF7RE$:0cmx 12,2M �ne,a 7Anw�v.�g5w,y Cn*ty J� ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee W-*K I/We, SCOTana I��Y1Q �i�1�' it (insert name(s) of the owner(s) name, person(s) who is slgnlng the letter�of consent) own the following property: �bi 31C �jw!-�k St (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: SE.0 Fb� Q- (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, egist red Agent or President/Managers Na and at(ac Sunbiz.com inf rmation) / ,ct �-,A Sin ure of Property Owner Signatu e of Property Owner Sco-��e ,� �I;-fi�e✓ Printed Name Printed Name STATE OF �•--c�;,e �t� COUNTY OF Cg t�t+n cs The foregoing instrument was acknowledged before me this =2.i td- Q2cQjx&,A— 6 r b (date) by S C o1i W It('�z CW al. kc n g e.. W i t .et-' , who is personally known to me or who produced P�,oi2td-a� f1 A s i_te as identification and who did (did not) take oath. (Seal) a 1�:' (Noublic signa re) `' - t - tary PI E., GERIANNER.CRUZE Commission No. �S5'7 aMY COMMISSION # EE 857252 EXPIRES: January 25, 2017 Bonded 7hru Notary Pub5c UndenvrRers (Name of Notary typed, printed or stamped) .ftw Po� 212 All that portion of current NW 101' Ave, which was formerly known as Pensacola Street on Plat Book 1 Page 25 that lies East of Block 13 of Northwest Addition to Okeechobee (Plat Book 1 Page 25). Bounded on the South by Seaboard Avenue and bounded on the north by Fourteenth Street as shown on Plat Book 1 Page 25_ ANNE R. CRUZE 41SSL 857252Ja5, 2017Notandennilers -- -- 0-- `� ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee (insert name(s) of the owner(s) name person(s) who is signing the letter of consent), own the following property: 0C (insert the legal description of the property) Do hereby consent or agree, with my/our signature below, to the closing of the alley and/or street described below: .Se e_ A e ;.2_-- (insert the legal description of the street or alley requesting to be closed) (Note: if properly is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) _,) �?" �14� 1l�rt�i Signature of PropertyOwnerSignature of Property Owner 1�i-11L ..- Pr0m. Printed Name Printed Name STATE OF _f1004, COUNTY OF Ok l cl, &— The foregoing instrument was acknowledged before me this jlH JaIV 6-r-1 jlkjta�O� (date) by ,L/nI L Fmm , who is personally known tome or who produced f /Qr/pei_ A'rl w/ r //&Mc— as identification and who did (did not take oath. (Seal) Notary Public State of Florida •� i�' Patty M Bumette .�i My Commission GG 008157 Expira41010212020 Pa--dq /y/. &g&A (Notary Public signature) Commission No. I0/� IQOC�o Pa.-1�M - ro1me-� (Name of 44otary typed, printed or stamped) Legal Description of the Ri ht-of-Wa to be Abandoned: A aoo'x 40'pbg i� 0 �CJ i0T5 IaVCCFIK/A rrNSAWLi) -60 6 �3Lo�K i3 NW 6b-01�ao� P� I �c-a5 s;cltX��u Y H_E w��s T �o1 oF i i 16 `1 o 4 LOCATE-0 rRSc 0t �vs` a f7rt� 4 o'=Z << CT L7ise5 Ttdh �yCLC. (�- Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863-763-3154. I IIIIII IIIII Illll lllll lllll llll llil FILE NU[1 2016t311440 OR BK 783 PG 1620 SHARON ROBERTSON, CLERY OF CIRCUIT COURT DYTECHOBEE COUNTY, FLORIDA RECORDED 12/16/2016 04:00:31 PH AHT $385,000.00 RECORDING FEES $10.00 Prepared by and return to: DEED DOC $2, 05.00 JOHN 1). CASSELS, JR. REECORRDEED B1 L Shain Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-763-3131 File Number: 16-9253 Parcel ID Number. 3-15-37-35-0010-00670-0010 ISpaee Above This Line For Recording Datal Trustees Deed This Trustees Deed made this 15th day of December, 2016 between SCOTT WITTER and RENEE A. WITTER, a married couple, individually and as Co -Trustees of the THE WITTER LIVING TRUST dated March 12, 1999 whose post office address is 2990 NE 52nd Drive, Okeechobee, FL 34974 , grantor, and FROM INVESTMENTS, LLC, , a Florida Limited Liability Company whose post office address is PO Box 1209, Okeechobee, FL 34973, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument end the heirs, legal mprescntativa, and assigns of individuals. and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO1100 DOLLARS ($I0.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantees heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: Lots 1 through 20, Block 67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. Trustee warrants that the above -referenced Trust has been in full force and effect during it's ownership of the above - referenced Property and that the Trustee has full power and authority to deal in or with this Property or any interest therein or any part thereof, protect, and to conserve, sell lease, encumber or otherwise to manage and dispose of the Property or any part of it. In Witness Whereof, grantor has he to set grantors hand and seal the day and year first above written. Signed, sealed acid delivered in our p ence: it,y Gclr-�- Witness c: T SC TT TIER, Individually and as Co -Trustee of T R LIVINgTRUUST dated March 12, 1999 ass e: r RENEE A. WITTER, Individually and as Co -Trustee of THE WITTER LIVING TRUST dated March 12, 1999 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 15th day of December, 2016 by SCOTT WITTER and RENEE A. WITTER, a married couple individually and as Co -Trustees ofTH WITTER LIVIN'RUST dated March 12, 1999, on behalf of the corporation. They (] are personally known to9have p3oducN as identification. [Notary Seal] Karin kr"WM Expires: DoubleSimeo Book783/Page1620 CFN#2016011440 Pagel of Detail by Entity Name VOW Page 2 of 2 Detail by Entity Name Florida Limited Liability Company FROM INVESTMENTS, LLC Filing Information Document Number L16000073788 FEIIEIN Number NONE Date Filed 04/12/2016 State FL Status ACTIVE Principal Address 902 NW 7TH STREET OKEECHOBEE, FL 34972 Mailing Address PO BOX 1209 OKEECHOBEE, FL 34973 Registered Agent _Name & Address FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Authorized Person(s) Detail Name & Address Title MGR FROM, LAMAR 902 NW 7TH STREET OKEECHOBEE, FL 34972 Title MGR FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Annual Reports No Annual Reports Filed Document Images 04/12/2016 — Florida Limited Liability View image in PDF formal Florida Department of State, Division of Corporations http://search.sunbiz.org/Inquiry/CorporationSearchlSearchResultDetail?inqui... 1 /6/2017 i i CITY OF OKEECHOB E RIGHT-OF-WAY ABANDONME14T PETITION Utility Companies Authoriz tion Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must he signed and dated with a rnntnrt mimhar fnr Pnrh narenn Florida Power & Light + L 4A $63-467-3721 or Donna Padgett i L �� QOLAI t_ t_ 863-467-3708 t.Z Authorized Signature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess.bentayoCa�centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 51h Avenue Authorized Signature Typed Name & Tide Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION O CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date M cm CenturyLink- LETTER OF NO OBJECTION November 30, 2016 Mr. Jeremy LaRue Total Roadside Service Center P.O. Box 147 Okeechobee, Fl 34973-0147 By Electronic Mail: totalroadsideservice@hotmaii.com SUBJECT: PROPOSED VACATE OF PORTION OF NW 10TH AVENUE BOUNDED BY NW 7Tx COURT ON THE SOUTH AND BOUNDED BY THE SALRY RAILROAD RIGHT OF WAY ON THE NORTH; SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Dear Mr. LaRue: Please be advised that Embarq Florida, Inc. D/B/A CenturyLink ("CenturyLink") --- -- +- 4-1--- - - - - - - J ---- - , . - _ Section 16' Township 37 South -,- Range 35 East' and beingbounded on the south by NW 7th Court and bounded on the north by the SALRY Railroad Right of Way. The subject right of way lies adjacent east of Okeechobee Tax Parcel Identification Numbers 3-16-37-35-0160-00130- 0010 and 3-16-37-35-0160-00130-0190 and is more particularly shown on the attached sketches. Should there be any questions or concerns, please contact me at 407-814-5318 or by email at Victoria.bucher@centurylink.com. Sincerely, EMBARQ FLORIDA, INC., D/B/A/ CENTURYLINK Victoria S. Bucher, SR/WA, R/W-NAC, R/W-NAC Network Real Estate C: K. Lutz, CenturyLink 33 North Main Street Winter Garden, FL 34787 Tel: 407-814-5318 Victoria.bucher@centurylink. www.centurvlink.com J 2y '•X � LLGAG IlL.1C•T/a'7rON �'' - �t• NONYH ,rLJTAIID%• QT£CLNOECC. � rh).✓wr•�w. R _" fwrltiJ �FN� lJ•wt• _ti ./. . f l rarr/r rt•LNrN irrLer - a � ' � �� %,)heat Jr as rNifr L ,�� �• • / fr!•t 2 r••rr'•••` �(n/tJMUN/l/N', tlr /,i.rA = I ! L/ONTLtN77! iTRLlr / Y )!. _•�Te.•.�a..�^^•hj � ""'t•r)•ri C tiaz I ! ae,.L.rrLevrN .orJ!ct•r. ��.r�.-o•�..�ernesae! " w . . '^ C � � ! J) J r . r r • . r a J . a r l L ,�f;y ,.,r•.� . �. a .a. L.i':F awiJ...w..uM• . ira F..a.a uL. '.rr f�•. 1••a !Ar•r�..a•.w• aer F N p M rl _ N N •I � w I.Y»� '.flrr)w••FMw ~ ~ ��'Y..� � . C �. wir~r IjLM� �Fnwrr 14 VJ.�/,r.V.�A M ' { JlfTFfN iM w vCNUF i h K• rav , i'•••�- ""•�••+ .+� f--•• W MYrM•s Wwa.,rt r1f.•• •r«J IM. rlt� '. . •• M 4 As wr. b xi M::,r+l ...• �}:, �' :: f : �'. a: ..) . J J a a L .k .+•,. ; hr,..q:..a F G r .rir�trr'.. -�-la� �arNL�Lr Try�r{ (� r`^��: � .c .r • •r Portion of NW 10th Ave Proposed to • - be Vacated A �;r NiaG 1. w1.�Ndr { ^,!-^'I•+a +•+4Ai. J J.a.J♦r NJa r. J•as, nvr»r. �-•ar� . a rwrc %•r,.. TFLLr ', '•"" ^^"^�'+ •ar""`J ritr»rr..•N f•%y N »• /:r{ J..aa,. J•ww..�.rt lrrj Fw. r,•r•r C -rC.. IF4 .•.Ir'• {vr :�,v ir« K•.�i.J f %J .•r IwJrJ :• s_�1�.a- T.r1r. A O.X. n••f. r}!.,/. �, • a al .. x tl�+•n.•he �.. n,:.. .-J Y.f .J. )r.{ ..r•nrp le, " i r ral✓Lh• JJN LT F ^'I"•.•r..%b.f- 1. { •TFNTN , L A ✓tn ✓L a Q r O [ E aos.7__t_!_�� �a e/ar,r., Jrw Llr ! l ra+rJ.,f N — Jrlirr 2 i°.t —� ,ry r r NORTH WEST ADDITION TO OKEECHOBEE. FLA. TOwvSHIP]T5•PANGC aSL. —.- SCA�C I'"��Y4r •1l2S _ _ _ _ 4 , fr x� e >� :, nr C��<, Vie. '�'yJ •' i, P y w. '"asLx.-s+ {, AY L , _ Y 1Ftt 1 r r 1 r v '< x sri ^`'' .� ,Lr'' /.. a w" `• to _ 4 a � � r S y- s -: }�l- r �r.�a^,w..,�a� •c 4� �Si t} d x�t .. L � . f <. .._,..:.`� .,,� ._..f t� .�". �$ ,- ,. _L:r._ , �ir�..,•'e�'-:��.'L�-'<�5�..rk ��?" c �Y��2 CITY OF OKEECHO130 RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Autharization. Form INSTRUCTIONS. Deliver the petition and this form to the following Utility Comnanies for thair rnfnm.nty it must besigned anddatedwithacontactnumberforeach person.. Florida Power Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Century Link 863-452-3473 Tess Bentayou Je_ss.benta nMeenturylink com Typed Name &Title Phone No. Date i Authorized Signature Typed Name & Title Phone No. Date i Comcast Cable r d d LkdtI ; tt 863-763-2824MAO 107 NW 71k Avenue Authorized ig re Typed Name & Mde Phone No. Date' Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. i *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF Authorized Signature i Typed Name & Title Phone No. t { Date Date r.,i .. W"Adi6�T jM.:"'``Y�",'�{",� Q4r t .{'`� `„ ,�{�'i��J✓�)]�2 +ttfe`�ry♦t Ste+ a {v �, �,� �. � � - `' a N`"�Ctr W, u �.✓' is ��,.t. � ti y� ti . i , 1 n s 3 s"9� 1 • i' �+.: ��11"y Al jv CITY OF OKEECHOB E RIGHT-OF-WAY ABANDONMEI JT PETITION Utility Companies Authoriz Lion Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863-452-3473 Tess Bentayou tess.bentayo@)centuiylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863-763-2824 107 NW 71h Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford �!/f✓ �� Gk.� .►...f .✓� d=`' J'�icc� . � � w• // � ,.,�� 863-763-9460 An PX 100 SW 5th Avenue �� ,�/� /o A 6uthoriz edd Sign a Typed Name & Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE I& FIRST ADDITION FO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee 863-763-3154 Authorized Signature Typed Name & Title Phone No. Date i _. ..__.- = T198 NW 9TH SIHEET T797 -T__T-'1_-1•-_T-l--r__T-_� T__T_f-f_-T_r—l_--1'_-T1_-r--1-- I I I 11 11 I I I I I I 11 21 1 1 1 1I I i t I I I I t I I I I 9 I 1 7 1 6 1 5 1 4 1 3 1 2 1 1' I I I I I I I I I I :10 6 5 I I I I 1 I I w ' 73 112 111 110 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 I 1 9 1 8 1 7 1 1 1 4 1 3 1 2 I t 1 I I I 1 I I I I I 1 1 6 1 I1 L--I L L-L43 -11I 1L1 _IL _J L—_LJ_-1-J_--L __1I _L1 20 23i24 7 1 _—__—__—__—__—__—__—__-- I _ii1iii_L1ii--1[14156171B I � ' --- 100' R W FOR "LROrD 1 100' R\W FOR RAILROAD 1q I I /�t09 LF. 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C6r iry.4'.le •+' j Lww�+v e.cOna.�Vn„a I Y I r » N u n n N K e I ..I�a n _h rr..+� FGi. ..µe. �.1•.iy y r'u"(.oh It 1, TWfL / JTPff i L d.4 • ...d {I�.1 4s Iw M _ pa.lkr IW ati4i. f•wf :( i.,w d.'r1w ., 11. .N..�aJ I tot laaka ' � (L• K.• T.w..4 a�a�.•K. P,�. u C..t, R �I' Y' ';-�-=�=L��.�7_J. � M ow:l.4t c yR. n`..:... ... I4w -y:`•: 4r._"«h H•. Nmum Pl..:.ln. Ni. M A•� .i(a:A sW �gRwrJ»S^ III J = I ' V .I VFl+UE I w (r NORTH WEST ADDITION TO �I OKEECHOBEE. FLA. f F i • � TOWNSHIP ].5.-RANG[ ]]C. _ u u N a u nccc»eecc.rLA. t, l/c NrN prw<!T _ �� 1� _; y� {•�' ,, .'fir SUBJECT P?OPERTY 200 ��''•�,_ r .14 1ri C= .. . y •tt 1�r+� .r • fw+{ Ct ffW `t,i' �`Y �tt.,.mw - rat. ��� : r _ "i . ti'•ts I .fit i •, ; � �rrr►` ,, & TOPOGRAPHIC SURVEY PREPARED FOR TOTAL ROADSIDE SERVICE -PLC i KI ------------ � K ' I C ° ti --;err---•-----f•_• ,--��------- - � ---- ---- _ I I rx.nena°s snvernc smnxes uc u4 a< ------------------------- IRA •••�'� m--.•t^.» i <'�c'r 30135 �; �� s Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Request The matter before the TRC is an application to abandon 60 feet of the 70-foot right-of- way of unimproved NW 10th Avenue, beginning at the roadway's northern dead-end just south of the railroad southward for a distance of 200 feet, more particularly described in the legal description of the property. The requested abandonment encompasses 12,000 square feet (about 0.28 acre). The Applicant's stated purpose for the Right -of -Way abandonment is: "The current right of way is located at a deadend roadway bordering the railroad. I have spoken with the City staff, and no near future development of the area is anticipated. The remaining ditch will be placed under the drainage easement. The area would be usable for the proposed entrance for the developed parcel." General Information Total Roadside Service Center Applicant P.O. Box 147 Okeechobee, FL 34973 60 feet of the 70-foot right-of-way of unimproved NW 10th Site Address Avenue, beginning at the roadway's northern dead-end just south of the railroad southward for a distance of 200 feet. Owner E-mail Address Total roadsideservice@hotmail.com Contact Person Jeremy LaRue Contact Phone Number 863-634-7708 Contact E-mail Address Totalroadsideservice@hotmail.com A 200-FOOT BY 60-FOOT PORTION OF NW 10T" AVENUE (FORMERLY KNOWN AS PENSACOLA ST.) LYING EAST OF BLOCK 13 NW ADDITION PLAT BOOK 1, PAGE 25 SPECIFICALLY THE WEST 60 FEET OF THE 70-FOOT RIGHT OF WAY, LOCATED SOUTH OF NW 8T" STREET TO NW 7T" COURT NOT INCLUDING THE INTERSECTION OF NE 7T" COURT AND NW 10T" AVENUE. Serving Florida Local Gocermmums Since 1988 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 101h Avenue The subject of the abandonment is right-of-way of unimproved NW 10th Avenue. The Applicant owns the property to the immediate west of the north half of the proposed abandonment. The land bordering the west side of the south half of the proposed abandonment is vacant and receives access from NW 7th Court. The property to the east is Witter Harvesting, an industrial use, which gains access from NW 7th Street to the south and that portion of NW 10th Avenue just north of NW 7th Street. Neither of these properties rely upon access from the right-of-way proposed to be abandoned. The following aerial photograph depicts the right-of-way proposed to be abandoned and the surrounding areas. 3 Serving Florida Local Gocermnents Since 198E M Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Consistency with Sec. 78-33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe PriiAt. REQUIREMENT STAFF COMMENTS There is nothing /n the C/ty's Comprehens/ve Plan concerning abandonment/vacation of'streets. Tile 1. Proposed vacation is consistent with property to the west ol'the northern half of'the the Comprehensive Plan. proposed abandonment is owned by the Applicant and "This is consistent due to no future is designated /ndustria/on the Future Land Use and roadway is anticipated due to off site ditch and railway." zoning Maps and was the subject oil' recent approvals of a Small Scale Amendment (SSA) and/or Rezonivlg to /ndustr/al /n May and June of2016. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an The alley is not the sole means of access to any easement. property. Otherpropert/es bordering tMeproposed "This is not a sole access to any other abandonmentgain access via a/W 76, CT, or NW 7M property. The ditch will remain and Street and NW .I�A Avenue south of the proposed accessible by the City. abandonment. Property is accessible by NW 71h Ct. or l Ott' Ave." 3. Proposed vacation is in the public We agree with the Applicants assessment of the pub/ic interest and provides a benefit to the benefits associated with abandonment/ vacation of the City. subject alley. The abandonment will reduce the "The benefit to the City is to provide amount of land the City is required to maintain while another business to the community with adding the land to the tax rolls jobs and taxes on the parcel." We agree. The Applicant has submitted a Letter of No 4. Proposed vacation would not Objection From CenturyLink and signed Utility jeopardize the location of any utility. Company Authorizations From FPL, Comcast, and "No utilities are within the right a way. OUA; but, OUA noted that /t will `vequire an easement far ex/st/ng /nfrastructure /n NW 1- to Av (60' w/de)" 4 a h- 6, Serving Florida Local Governments Since 198S Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested street right-of-way abandonment is consistent with the require- ments of Sec. 78-33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management January 11, 2017 TRC Meeting: January 19, 2017 PB/BOA Meeting: February 16, 2017 City Council Vt Reading: March 21, 2017 City Council 2nd Reading and Public Hearing: April 4, 2017 &� 5 Serving Florida Local Government. Since 1988 MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, JANUARY 19, 2017, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 CALL TO ORDER - Chairperson. The January 19, 2017, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. STAFF ATTENDANCE - Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffery Newell - Present Fire Chief Herb Smith - Present Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non -Voting Ex-Ofcio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA - Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES - Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held October 20, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 17-001-SC, a 200 by 60-foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street - Senior Planner. Before discussions began, Administrator Montes De Oca disclosed for the record due to a conflict that would inure a special private gain, he would abstain from discussion and voting on this item. The applicant, Mr. Jeremy LaRue, is a client of MDO Engineering, owned and operated by Mr. Montes De Oca. Planning Staff Report: Planner Brisson explained Mr. LaRue is requesting to abandon 60 feet of the 70-foot wide unimproved right-of-way of Northwest 10m Avenue from the south boundary line of TRC - January 19, 2017 - Page 1 of 3 cm V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 17-001-SC continued. 81h Street to Northwest 71h Court for a distance of 200 feet not including the intersection of 7th Court and loth Avenue. The applicant owns Lots 1 to 6 and 15 to 20 of Block 13, NORTHWEST ADDITION, located immediately west of the subject property. Planning Staffs responses to the required findings are the property is designated Industrial on the Future Land Use Map and the Zoning Map. It is not the sole access to any property. Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7th Street, or loth Avenue. The public benefits associated with the abandonment are, the existing right-of-way is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. A utility easement is necessary for the Okeechobee Utility Authority (OUA) for existing infrastructure with 24 hour, seven days a week access. Based on these findings, Planning Staff is recommending approval. Mr. LaRue was present and added he paved the portion of Northwest loth Avenue from Northwest 71h Street to 7th Court as required when developing his property. A stop sign was installed by the Public Work's Department. A fence was constructed around his property as well as the portion of Northwest loth Avenue across the actual right-of-way. He will provide a combination lock to the City and OUA. Additionally, he has made a request for a street light to be installed at the corner of Northwest 7th Court and 7th Street for safety purposes. County Environmental Health Department: No issues were received. OUA: In the absence of Director Hayford, Secretary Burnette read into the record the OUA's comments provided on the petition. If the applicant is willing to give to the OUA an easement with 24 hour, seven days a week access, then the OUA is agreeable to the abandonment. The applicant and an OUA representative have met to "field locate" the OUA's line. Public Works: Director Allen commented that the City would require an easement to maintain the drainage ditch along the east side of the unabandoned portion of Northwest 10th Avenue. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. He then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site and disclosed he had more than one conversation with the applicant regarding the project. There were no other disclosures. Motion and second offered by Building Official Newell and Fire Chief Smith to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 17-001-SC, to abandon a 200 by 60-foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street. Discussion ensued. TRC - January 19, 2017 - Page 2 of 3 03 V. NEW BUSINESS CONTINUED, A. Abandonment of Right -of -Way Application No. 17-001-SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 17-001-SC, to abandon a 200 by 60-foot portion of Northwest 10th Avenue between Northwest 7th Court and 81h Street, with the following conditions: OUA easement granted and to consider the request for the placement of a street light being installed at the corner of Northwest 7t" Court and 10t" Avenue. Fire Chief Smith seconded the amended motion. Discussion continued regarding the street light. However, it was decided this would be handled by the Public Works Department and should not be made a condition of the petition. Motion and second were withdrawn. Motion and second offered by Public Works Director Allen and Police Chief Peterson to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No 17-001-SC, to abandon a 200 by 60-foot portion of Northwest 10th Avenue between Northwest 7th Court and 8t" Street, with the following conditions: QUA and City easements ranted. Motion carried, with four yea's and Administrator Montes De Oca abstaining from voting. Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was filed on January 19, 2017 and made part of the minute file. The Petition is scheduled to be reviewed by the Planning Board on February 16, 2017. VI. ADJOURNMENT- Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:16 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - January 19, 2017 - Page 3 of 3 PUBLIC HEARING CONTINUED. A. 2. Public comments or questions from those in attendance, or submitted to the Board Secretary for LDR Text Amendment Petition No. 17-001-TA continued. 3, Disclosure of Ex-Parte Communications by the Board. 4. a) Consideration of a recommendation to the City Council to approve or deny the petition. b) Board discussion. c) Vote on motion. B. Abandonment of Right -of -Way Petition No. 17-001SC, vacate a 200-foot by 60-foot portion of NW 10th Avenue between NW Th Court and 81h Street, lying East of Block 13, NORTHWEST ADDITION (Exhibit 2). 1. Review TRC Recommendation - approval with special conditions. - PLANNING BOARD - PAGE 3 OF 9 with hearing the word 'international' because he does not much care about the eskimos or penguins down in Antarctica and their building requirements yet they do. He is not in favor personally of anything coming into our local community trying to influence us. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone prior to this meeting regarding the application. There were none stated. Motion and a second offered by Members Brass and Jonassaint to recommend denial to the City Council for LDR Text Amendment Petition No.17-001-TA, adopting the International Property Maintenance Code. Chairperson Hoover asked whether there was any further discussion. Member McCreary commented it may have been easier to make a decision had the Building Official or other City Staff been present to answer questions. VOTE HoovER-YEA MCCOY-YEA BATTON- NAY BAUGHMAN-YEA BRASS -YEA JONASSAINT-YEA MCCREARY-YEA KEEFE-ABSENT O'BRIEN — NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively March 21, 2017, 6:00 P.M. Abandonment of Right -of -Way Petition No. 17-001-SC, to vacate a 200-foot by 60-foot portion of Northwest 10t^ Avenue between Northwest 7r^ Court and 8t^ Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okeechobee County, Chairperson Hoover yielded the floor to Planner Brisson, who explained the applicant, Mr. Jeremy LaRue, is requesting to abandon 60 feet of the 70-foot wide unimproved right-of-way of Northwest 10Lh Avenue from the south boundary line of Northwest 81h Street to the North boundary line of Northwest 7h Court for a distance totaling 200 feet and not including the intersection of 7th Court and 10r^ Avenue. The applicant owns Lots 1 to 6 and 15 to 20 of Block 13, NORTHWEST ADDITION, located immediately west of the subject property. The Petition was reviewed at the January 19, 2017, Technical Review Committee Meeting, a recommendation was made for approval with the following special conditions: Okeechobee Utility Authority and City easements granted. Planning Staff is recommending approval based on the following responses to the required findings. The property is designated Industrial on the Future Land Use and Zoning maps. It is not the sole means of access to any property. B. 1. Review TRC Recommendation for Abandonment of Right -of -Way Petition No. 17-001-SC continued. 2. Hear from the Property Owner or designee/agent— Jeremy LaRue. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex-Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny the petition. b) Board discussion. c) Vote on motion. QUASI-JUDICIAL ITEM C. Variance Petition No. 17-002-V, reduce FRONT setback from 40 to 35 ft; REAR setback from 50 to 12.3 It and 16.6 it (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 NE 2nd Street Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE (Exhibit 3), 2017 — PLANNING BOARD -PAGE 4 OF 9 Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7h Street, or 10th Avenue. The public benefits associated with the abandonment are, the existing right-of-way is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right-of-way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. A utility easement is necessary for the OUA for existing infrastructure with 24-hour, seven days a week access. Chairperson Hoover asked whether the property owner or designeelagent wished to speak. There was no one present. Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none. The petition was advertised in the local newspaper, a sign was posted on the subject property and courtesy notices were mailed to 10 surrounding property owners. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to anyone else regarding the petition or visited the site. There were none. Motion and second offered by Members Baughman and McCoy to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 17-001-SC, to vacate a 200-foot by 60-foot portion of Northwest tor^ Avenue between Northwest 711, Court and 81" Street, lying East of Block 13, NORTHWEST ADDITION, Plat Book 1, Page 25, Public Records, Okeechobee County with the following special conditions: City and OUA easements granted. Chairperson Hoover asked whether there was any further discussion. There was none VOTE HOOVER -YEA MCCOY-YEA BATTON—YEA BAUGHMAN-YEA BRASS -YEA JONASSAINT — YEA MCCREARY—YEA KEEFE— ABSENT O'BRIEN — NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively April 4, 2017, 6:00 P.M. Variance Petition No. 17-0024, to reduce FRONT setback from 40 to 35 feet; REAR setback from 50 to 12.3 feet and 16.6 feet (from property line); and WEST -SIDE setback from 30 to 20 feet; in a CHV Zoning District, located at 205 Northeast 2^d Street, Lots 7 through 12 of Block 142, CITY OF OKEECHOBEE. Exhibi Mar 21,017 LaKu e March 10, 2017 Mr. Marcos Montes De Oca City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee,FL 34974 Re: Scope of Services for City Annexation Study Dear Marcos, As an addendum or revision to our current general planning services agreement, LaRue Planning and Management Services, Inc., will perform the following specific Planning Services for the requested annexation study. Scope of Services 1. The annexation study area will use the following criteria as a basis for identifying potential annexation areas warranting further evaluation: a. Areas outside the City that are designated Urban Residential Mixed Use on the Okeechobee County Conceptual Future Land Use Map (see attached map). b. Areas that can be serviced, at acceptable response times, by the City's Police, Fire and Emergency Medical equipment and personnel. Areas that receive water and sewer service from the Okeechobee Utility Authority. c. Properties, the owners, residents, businesses and customers of which are likely to use City roads as the primary means of access. 2. Once the preliminary determinations of potential annexation areas are made, the targeted properties will be identified on a map or maps; and their physical descriptions provided including current County Future Land Use and Zoning designations, and assessment of existing infrastructure conditions. 3. Explanation of annexation process under Ch. 171 FS 4. Ad -valorem real property impacts if annexation occurs 5. Other general fund revenue impacts if annexation occurs 6. Fiscal impacts upon Okeechobee if annexation occurs (will rely on City staff and Okeechobee Utility Authority input) 7. Possible strategies for the City of Okeechobee to pursue 8. A report will be presented or concluded no later than August 1, 2017 Providing Planning and management solutions for local governments 1 375 jac6on Street, Suite Zo6 Fort Myers, FL 33901 239-334-3366 www.larueplanning.com k. VW W Total Cost: $11,500.00 Payment schedule: 50% ($5,750.00) upon completion of preliminary draft 50% ($5,750.00) upon completion of final draft and presentation to City Council Please sign and return one copy to our office. We are prepared to commence work upon the City's approval of this agreement. Sincerely, James G. LaRue President City of Okeechobee Authorized Signature Date Print Name Title PtARY= n', ng 2 Legend Future Land Use Classification ® COMMERCIAL CORRIDOR MIXED USE COMMERCIAL CORRIDOR MIXED USE ® COMMERCIAL ACTIVITY CENTER' RESORT CORRIDOR URBAN RESIDENTIAL MIXED USE O RURAL ACTIVITY CENTER O RURALACTI VITY CENTER RURAL DENSITY(R) O RURALACTIVITY CENTER LOW DENSITY (L) Q RESORT ACTIVITY CENTER RURALESTATE INDUSTRIAL INDUSTRIAL' Q INDUSTRIAL OVERLAY Q INDUSTRIAL OVERLAY _ e,i PUBLIC/SEMI-PUBLIC FACI LITI ES ^ AGRICULTURE CONSERVATION 1 MAJOR ROADS OTHER ROADS -- SEABOARD COASTLINE RR TOVMSHIP RANGE C O U N T Y O a. o Y al a[ .\ t RH O < B T wanx n. 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AVlH3AO IVRLLSnONI AV183AOlVl8lsn(INl lvlaisnON1 lvlaisnONI 31v1s3 lvana H31N30 AllAl1OV laOS3a j 0) AlISN3a MOl 831N30 AlIAllOVlvdnu Oi (N) A11SN3O lvana H31N30 A11AIlOVlv8nu F H31N30 AilAIl0V ivuna 3sn O3XIW WI1N3O1S38 NV9an 80018 OO iHOS3a - . 831N3O AlIAll0V lV1Oa3WW0O .3sn (13XIW 6008800lVION3WWOO 3sn o3xlw 800WHOOlv1083WW00 - uoneowssem asn pue-1 ejnlnj pua6a-1 i J S 4- 0 1g ! N r H 0 T-. i le H1aK MN as aNrts131Or3 — _ .. W A 1 N n o O I lal I w I i 35Ea �o�b 3ECa 31 N V I 0 N I A 1 N n O o V l 0 3 0 S O OZOZ Eisn GNV-1 32jnj-nj -lvnid3ONOO N AlNn03 3390HO33NO 1.2 Exhibit LL MEMORANDUM TO: Mayor Watford & City Council DATE: r FROM: City Clerk Gamiotea Mar 2017 March 9, 2017 SUBJECT: PB, BOA, & DRB Terms/Appointments After advertising in multiple media sources, we did not receive any new applications. All three members whose terms sunset April 30, 2017, have requested to be reappointed. Their attendance record, over the current term, is as follows: Karyne Brass and Les McCreary (5/1/14-4/30/17), 24 meetings have been held to date; Ms. Brass has been absent 2 times, with consent. Mr. McCreary has been absent 7 times, with consent. Bobby Keefe (1/7/15-4/30/17), 19 meetings have been held to date; he's been absent 3 times, with consent. Current Members Chair Dawn Hoover Phil Baughman Les McCreary Vice Chair Doug McCoy Karyne Brass Bobby Keefe, Alternate Elbert Batton Mac Jonassaint William O'Brien, Alternate A motion is needed to reappoint Ms. Karyne Brass and Mr. Les McCreary, as Regular Members and Mr. Bobby Keefe, as an Alternate to the Planning Board, Board of Adjustment, and Design Review Board, terms May 1, 2017 to April 30, 2020. Added fo .4 er?dq To: Mayor and City Council Members From: Marcos Montes De Oca, Administrator 17 Subject: Additional Item to March 21, 2017 Agenda New Business Item F, Exhibit 6 Date: March 16, 2017 Please add to the March 21, 2017 City Council Regular Meeting Agenda, New Business Item F, Exhibit 6: Motion to approve a request by the National Society Daughters of the American Revolution, Okeechobee Chapter, for a contribution to the cost of placing two History Markers in the Battle of Okeechobee Historic State Park — City Administrator (Exhibit 6). ry y NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION OKEECHOBEE CHAPTER, OKEECHOBEE, FL SUSAN H. (SU) GEORGE PAST REGENT JANUARY 9, 2017 City of Okeechobee Council Okeechobee County, Florida 55 SE 3 `d Avenue Okeechobee, Florida 34974 Dear Council Members, Okeechobee Chapter NSDAR has proposed placing two History Markers In the Battle of Okeechobee Historic State Park. These would be next to the the Monument to the 1837 Battle of Okeechobee to honor those who fought and to say why this site is important. The limestone and bronze plaque markers would be a permanent reminder to future generations. This project was finally approved by the FDEP District 3 Chief of Parks, Larry G. Fooks. The estimated cost is $14,000 due to increase in the size of the bronze plaques Of the required wording. Contributions as of December 31, 2016 are $2030, Friends of the Battlefield have pledged $2000. For a total of $4030. Donors include The Okeechobee Historical Society, Waters Edge Dermatology, Brown Cow Sweetery, DAR Chapters: Seminole, Cora Stickney Harper and St. Lucie River, Seminole Wars Historian John Missall, Dr, Paul Gray as well as local individuals. We hope to be able to complete this project during our Centennial Year. Your generous help would be greatly appreciated, $2500. Is a suggested amount. Cordially, 1 Susan H, (Su) George (Mrs.) 763-0266 fredorsu (comcast.net Battle of Okeechobee Historic State Park History Marker Project Limestone Slabs $1000. Stark Masonry 4400. Bronze Plaques, Buxton 6000. Delivery & Landscape fees 1100. $14,00. Donations may be sent to: Okeechobee Chapter NSDAT Ronda Watt, Treasurer 3570 SW 16`h Street Okeechobee, FL 34974-4743 Tax Exempt: REGISTRATION #CH22861 "A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATON MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL -FREE 800-435-8352 WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSE- MENT, APPROVAL,OR RECCOMENDATION BY THE STATE." DIs1,-,'bz4ied 3121117 Ile-efillj NAT10NAL SOCIETY 1)AtI'1,1'1'Izs ou, Tuesday, March 21, 2017 5-114 PM DAR History Marker Project Goal $14,000. 1-9-17 Donations and pledge. $4030. 3-21-17 Donations received: Seminole Tribe of Florida. $3000. County Commission pledge $2000. Okeechobee DAR members $ 500. Southern Dames & John Ed Burdeshaw $ 75. Total. $5575. Grand Total. i 9605. Balance needed. $4395. Sent from my Pad Added * Alenclq 3121117 /YJ�hn J L�SyoF•oKFECti MEMORANDUM o 5 To: Mayor and City Council Members From: Marcos Montes De Oca, Administrator Subject: Additional Item to March 21, 2017 Agenda New Business Item G, Exhibit 7 Date: March 21, 2017 Please add to the March 21, 2017 City Council Regular Meeting Agenda, New Business Item G, Exhibit 7: Motion to adopt proposed Resolution No. 2017-01, opposing Florida Senate Bill 10 — City Administrator (Exhibit 7). a t) 3 RESOLUTION NO.2011-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; OPPOSING SENATE BILL 10, AND ANY SIMILAR OR SUBSTITUTE LEGISLATION THAT WOULD CAUSE FOR THE PURCHASE OF UTILIZED AGRICULTURAL PROPERTY SOUTH OF LAKE OKEECHOBEE AND VARY FROM THE COMPREHENSIVE EVERGLADES RESTORATION PROGRAM AND CURRENT EVERGLADES RESTORATION PROJECTS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Senate Bill 10 (SB10) was filed during the Florida Legislature's 2017 Session by Senator Rob Bradley (R-District 5), co -sponsored by Senator Anitere Flores (R-District 39), and supported by Senator Joe Negron (R- District 25); and WHEREAS, S610 would remove approximately 60,000 acres of production agriculture and eliminate approximately 1,000 jobs in the surrounding communities; and WHEREAS, the City of Okeechobee would request the State of Florida and its agencies to utilize state-owned properties efficiently for water storage and treatment; and WHEREAS, the City of Okeechobee understands the need for increased water quality and reduced nutrient -rich discharges to both the Caloosahatchee River and St. Lucie Canal, and a shift to send additional flows South; and WHEREAS, the City of Okeechobee continues to work with all stakeholders to improve the entire Lake Okeechobee Watershed with projects related but not limited to nutrient removal of surface waters and conversion of sanitary septic to centralized septic; and WHEREAS, the City of Okeechobee, via the Lake Okeechobee Regional Compact, the 16 County Coalition, and other municipal organizations are working cooperatively for projects and solutions which benefit all those involved. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: That the City hereby opposes Senate Bill 10 and any similar or substitute legislation that would cause the purchase of utilized agricultural property South of Lake Okeechobee and vary from the Comprehensive Everglades Restoration Program (CERP) and current Everglades restoration projects underway. SECTION 2: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 3: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 4: Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 21st day of March, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor RESOLUTION NO. 2017-01 PAGE 1 OF 1 `%W Florida Senate - 2017 En SB 10 1 2 3 4 5 I.- 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 By Senator Bradley 5-00174A-17 A bill to be entitled 201710_ An act relating to water resources; amending s. 201.15, F.S.; revising the requirements under which certain bonds may be issued; amending s. 215.618, F.S.; providing an exception to the requirement that bonds issued for acquisition and improvement of land, water areas, and related property interests and resources be deposited into the Florida Forever Trust Fund and distributed in a specified manner; creating s. 373.4598, F.S.; providing legislative findings and intent; defining terms; requiring the South Florida Water Management District to seek proposals from willing sellers of property within the Everglades Agricultural Area for land that is suitable for the reservoir project; clarifying that all appraisal reports, offers, and counteroffers are confidential and exempt from public records requirements; requiring the district to assign the Entire Option Property Non - Exclusive Option of a specified agreement to the Board of Trustees of the Internal Improvement Trust Fund under certain circumstances; requiring the district to retain the agreement's option under certain circumstances; requiring the board or the district, as applicable, to exercise the specified option by a certain date under certain circumstances; providing requirements for the Proposed Option Property Purchase Price; authorizing the disposal or exchange of certain land or interests in land for certain purposes; requiring the district to begin, seek permitting for, and construct the reservoir project under certain circumstances; requiring the district, in coordination with the United States Army Corps of Engineers, to Page 1 of 14 CODING: Words sticleleen are deletions; words underlined are additions. En Florida Senate - 2017 SB 10 3 5-00174A-17 201710 33 begin the planning study for the reservoir project by 34 a specified date under certain circumstances; 35 requiring the district to identify specified lands 36 under certain circumstances; providing requirements 37 for the planning study; requiring the district, in 38 coordination with the United States Army Corps of 39 Engineers, to seek Congressional authorization for the 40 reservoir project under certain circumstances; 41 authorizing certain costs to be funded using Florida 42 Forever bond proceeds under certain circumstances; 43 specifying how such bond proceeds shall be deposited; 44 authorizing the use of state funds for the reservoir 45 project; requiring the district to seek additional 46 sources of funding; requiring the district to seek 47 federal credits under certain circumstances; requiring 48 the district to request the United States Army Corps 49 of Engineers, in the Corps' review of the regulation 50 schedule, to consider any increase in southern outlet 51 capacity of Lake Okeechobee; amending s. 375.041, 52 F.S.; increasing the minimum annual funding for 53 certain Everglades projects under specified 54 circumstances; requiring the district and the board to 55 notify the Division of Law Revision and Information by 56 a certain date of specified land acquisitions; 57 providing a directive to the division; providing 58 contingent appropriations; providing effective dates, 59 one of which is contingent. 60 61 Be It Enacted by the Legislature of the State of Florida: Page 2 of 14 CODING: Words strieleen are deletions; words underlined are additions. *law vrvo� Florida Senate - 2017 SB 10 5-00174A-17 201710 62 63 Section 1. Paragraph (a) of subsection (3) of section 64 201.15, Florida Statutes, is amended to read: 65 201.15 Distribution of taxes collected. —All taxes collected 66 under this chapter are hereby pledged and shall be first made 67 available to make payments when due on bonds issued pursuant to 68 s. 215.618 or s. 215.619, or any other bonds authorized to be 69 issued on a parity basis with such bonds. Such pledge and 70 availability for the payment of these bonds shall have priority 71 over any requirement for the payment of service charges or costs 72 of collection and enforcement under this section. All taxes 73 collected under this chapter, except taxes distributed to the 74 Land Acquisition Trust Fund pursuant to subsections (1) and (2), 75 are subject to the service charge imposed in s. 215.20(1). 76 Before distribution pursuant to this section, the Department of 77 Revenue shall deduct amounts necessary to pay the costs of the 78 collection and enforcement of the tax levied by this chapter. 79 The costs and service charge may not be levied against any 80 portion of taxes pledged to debt service on bonds to the extent 81 that the costs and service charge are required to pay any 82 amounts relating to the bonds. All of the costs of the 83 collection and enforcement of the tax levied by this chapter and 84 the service charge shall be available and transferred to the 85 extent necessary to pay debt service and any other amounts 86 payable with respect to bonds authorized before January 1, 2017, 87 secured by revenues distributed pursuant to this section. All 88 taxes remaining after deduction of costs shall be distributed as 89 follows: 90 (3) Amounts on deposit in the Land Acquisition Trust Fund Page 3 of 14 CODING: Words strieken are deletions; words underlined are additions. i Florida Senate - 2017 SB 10 5-00174A-17 201710_ 91 shall be used in the following order: 92 (a) Payment of debt service or funding of debt service 93 reserve funds, rebate obligations, or other amounts payable with 94 respect to Florida Forever bonds issued pursuant to s. 215.618. 95 The amount used for such purposes may not exceed $300 million in 96 each fiscal year. It is the intent of the Legislature that all 97 bonds issued to fund the Florida Forever Act be retired by 98 December 31, 2040. Except for bonds issued to refund previously 99 issued bonds, no series of bonds may be issued pursuant to this 100 paragraph unless such bonds are approved and the debt service 101 for the remainder of the fiscal year in which the bonds are 102 issued is specifically appropriated in the General 103 Appropriations Act or other law with respect to bonds issued for 104 the purposes of s. 373.4598. 105 106 Bonds issued pursuant to s. 215.618 or s. 215.619 are equally 107 and ratably secured by moneys distributable to the Land 108 Acquisition Trust Fund. 109 Section 2. Subsection (5) of section 215.618, Florida 110 Statutes, is amended to read: ill 215.618 Bonds for acquisition and improvement of land, 112 water areas, and related property interests and resources.- 113 (5) The proceeds from the sale of bonds issued pursuant to 114 this section, less the costs of issuance, the costs of funding 115 reserve accounts, and other costs with respect to the bonds, 116 shall be deposited into the Florida Forever Trust Fund. The bond 117 proceeds deposited into the Florida Forever Trust Fund shall be 118 distributed by the Department of Environmental Protection as 119 provided in s. 259.105. This subsection does not apply to Page 4 of 14 CODING: Wordsn are deletions; words underlined are additions. %W Florida Senate - 2017 SB 10 5-00174A-17 201710 120 proceeds from the sale of bonds issued for the purposes of s. 121 373.4598. 122 Section 3. Section 373.4598, Florida Statutes, is created 123 to read: 124 373.4598 Reservoir project in the Everglades Agricultural 125 Area.- 126 (1) LEGISLATIVE FINDINGS AND INTENT.- 127 (a) The Legislature declares that an emergency exists 128 regarding the St. Lucie and Caloosahatchee estuaries due to the 129 harmful freshwater discharges east and west of the lake. Such 130 discharges have manifested in widespread algae blooms, public 131 health impacts, and extensive environmental harm to wildlife and 132 the aquatic ecosystem. These conditions threaten the ecological 133 integrity of the estuaries and the economic viability of the 134 state and affected communities. 135 (b) The Legislature finds that the acquisition of 136 strategically located lands south of the lake and the 137 construction of the reservoir project will increase the 138 availability of water storage and reduce the harmful freshwater 139 discharges. Additionally, water storage south of the lake will 140 increase the availability of water for the Everglades and to 141 meet irrigation demands for the Everglades Agricultural Area; 142 restore the hydrological connection to the Everglades; and 143 provide flood protection by reducing, through additional storage 144 capacity, some of the demands on the Herbert Hoover Dike. 145 (c) The Legislature recognizes that the reservoir project 146 is authorized in the Water Resources Development Act of 2000 as 147 a project component of CERP. Unless other funding is available, 148 the Legislature directs the district in implementation of the Page 5 of 14 CODING: Words stieleen are deletions; words underlined are additions. M Florida Senate - 2017 SB 10 5-00174A-17 201710 149 reservoir project to abide by applicable state and federal law 150 in order to do that which is required to obtain federal credit 151 under CERP. If the district implements the reservoir project as 152 a project component as defined in s. 373.1501, the district must 153 abide by all applicable state and federal law relating to such 154 projects. 155 (d) Nothing in this section is intended to diminish the 156 commitments made by the state in chapter 2016-201, Laws of 157 Florida. 158 (2) DEFINITIONS. —As used in this section, the term: 159 (a) "Agreement" means the Second Amended and Restated 160 Agreement for Sale and Purchase between the United States Sugar 161 Corporation, SBG Farms, Inc., Southern Garden Groves 162 Corporation, and the South Florida Water Management District, 163 dated August 12, 2010. 164 (b) "Board" means the Board of Trustees of the Internal 165 Improvement Trust Fund. 166 (c) "Comprehensive Everglades Restoration Plan" or "CERP" 167 has the same meaning as the term "comprehensiveplan" as defined 168 in s. 373.470. 169 (d) "District" means the South Florida Water Mana ement 170 District. 171 (e) "Everglades Agricultural Area" or "EAA" has the same 172 meaning as provided in s. 373.4592. 173 (f) "Lake" means Lake Okeechobee. 174 (g) "Reservoirproject" means a project to construct one or 175 two above -ground reservoirs that have a total water storage 176 capacity of approximately 360,000 acre-feet and are located in 1771 the EAA. Page 6 of 14 CODING: Words strieken are deletions; words underlined are additions. Florida Senate - 2017 SB 10 5-00174A-17 201710 178 (3) LAND ACQUISITION. —The Legislature declares that 179 acquiring land for the reservoir project is in the public 180 interest and that the governing board of the district and the 181 board may acquire fee title for the purpose of implementing the 182 reservoir project. 183 (a) Upon the effective date of this act, the district shall 184 seek proposals from willing sellers of property within the 185 Everglades Agricultural Area in order to acquire approximately 186 60,000 acres of land that is suitable for the reservoir project. 187 All appraisal reports, offers, and counteroffers are 188 confidential and exempt from s. 119.07(1), as provided in s. 189 373.139. 190 (b) If the district does not acquire land pursuant to 191 paragraph (a) by December 31, 2017: 192 1. The district must assign, by January 31, 2018, the 193 agreement's Entire Option Property Non -Exclusive Option to the 194 board, as authorized in, and in accordance with, the agreement. 195 If, for any reason, the Seller, as defined in the agreement, 196 does not find the assignment to be reasonably acceptable in form 197 and substance, the district must retain the Entire Option 198 Property Non -Exclusive Option; and 199 2. The board or the district, whichever holds the option, 200 must, by March 1, 2018, exercise the option in accordance with 201 the agreement. The Buyer's Proposed Option Property Purchase 202 Price, as specified in the agreement, may not be less than the 203 average of $7,400 per acre, unless the maximum offer allowed by 204 law is less than the average of $7,400 per acre. 205 3. The board or the district, if applicable, may dispose of 206 or exchange any land or lease interest in the land that is Page 7 of 14 CODING: Words strieleen are deletions; words underlined are additions. M Florida Senate - 2017 SB 10 5-00174A-17 201710 207 acquired pursuant to this paragraph in order to achieve optimal 208 siting for the reservoir project or to dispose of land that is 209 not necessary for the reservoir project. Any such exchange or 210 disposition may not be in violation of the a reement. 211 (4) DESIGN, PERMITTING, AND CONSTRUCTION. —If the district 212 finds willing sellers of property pursuant to paragraph (3)(a), 213 the district: 214 (a) Once the land has been agreed upon for purchase, must 215 immediately begin the reservoir project with the goal of 216 providing adequate water storage and conveyance south of the 217 lake to reduce the volume of regulatory discharges of water from 218 the lake to the east and west; and 219 (b) Once the land is acquired, must expeditiously pursue 220 necessary permitting and begin implementation and construction 221 of the reservoir project as soon as practicable. 222 (5) PLANNING STUDY.- 223 (a) If land is acquired pursuant to paragraph (3)(a) and 224 other funding is not available, the district must, in 225 coordination with the United States Army Corps of Engineers, 226 begin the planning study for the reservoir project by March 1, 227 2018. 228 (b) If land is not acquired pursuant to paragraph (3)(a) by 229 December 31, 2017, the district must, in coordination with the 230 United States Army Corps of En ineers, begin the -planning study 231 for the reservoir project by October 1, 2019. 232 1. If land is acquired pursuant to paragraph (3)(b), the 233 district must identify which of the acquired land is suitable 234 for the reservoir project. 235 2. If land is not acquired pursuant to paragraph (3)(b), Page 8 of 14 CODING: Wordstrieken are deletions; words underlined are additions. 1%W V4 Florida Senate - 2017 SB 10 5-00174A-17 201710 236 the district must identify land that is suitable for the 237 reservoir project and the best option for securing such land. 238 (c) The district, when developing the planning study, must 239 focus on the goal of the reservoir project, which is to provide 240 adequate water storage and conveyance south of the lake to 241 reduce the volume of regulatory discharges of water from the 242 lake to the east and west. 243 (d) Upon completion of the planning study and the 244 finalization of the project implementation report, as defined in 245 s. 373.470, the district, in coordination with the United States 246 Army Corps of Engineers, shall seek Congressional authorization 247 for the reservoir project. 248 (6) FUNDING.- 249 (a) Pursuant to s. 11(e), Art. VII of the State 250 Constitution, state bonds are authorized under this section to 251 finance or refinance the acquisition and improvement of land, 252 water areas, and related property interests and resources for 253 the purposes of conservation, outdoor recreation, water resource 254 development, restoration of natural systems, and historic 255 preservation. In accordance with s. 17, Art. X of the State 256 Constitution, funds deposited into the Everglades Trust Fund may 257 be expended for the purposes of conservation and protection of 258 natural resources in the Everglades Protection Area and the 259 Everglades Agricultural Area. 260 (b) Any cost related to this section, including, but not 261 limited to, the costs for land acquisition, construction, and 262 operation and maintenance, may be funded using proceeds from 263 Florida Forever bonds issued under s. 215.618, as authorized 264 under that section. The Legislature determines that the Page 9 of 14 CODING: Wordssti-4:eleeft are deletions; words underlined are additions. Florida Senate - 2017 SB 10 5-00174A-17 201710 265 authorization and issuance of such bonds is in the best interest 266 of the state and determines that the reservoir project should be 267 implemented. Notwithstanding any other provision of law, 268 proceeds from the sale of such bonds, less the costs of 269 issuance, the costs of funding reserve accounts, and other costs 270 with respect to the bonds, shall be deposited in the following 271 manner: 272 1. If land is acquired pursuant to paragraph (3)(a), the 273 amount of up to $800 million in bond proceeds in the 2017-2018 274 fiscal year to the Everglades Trust Fund for the purposes of 275 this section, and the amount of up to $400 million in bond 276 proceeds in the 2018-2019 fiscal year to the Everglades Trust 277 Fund for the purposes of this section; or 278 2. If land is acquired pursuant to paragraph (3)(b), the 279 amount of up to $1.2 billion in bond proceeds in the 2018-2019 280 fiscal year to the Board of Trustees of the Internal Improvement 281 Trust Fund, or the Everglades Trust Fund, if applicable, to be 282 used for the purposes of this section. 283 (c) Notwithstanding s. 373.026(8)(b) or any other provision 284 of law, the use of state funds is authorized for the reservoir 285 project. 286 (d) The district shall actively seek additional sources of 287 funding, including federal funding, for the reservoir project. 288 (e) If the reservoir project receives Congressional 289 authorization, the district must seek applicable federal credits 290 toward the state's share of funding the land acquisition and 291 implementation of the reservoir project. 292 (7) LAKE OKEECHOBEE REGULATION SCHEDULE. —The district shall 293 request that the United States Army Corps of Engineers include Page 10 of 14 CODING: Words men are deletions; words underlined are additions. '1tr ` M#1 Florida Senate - 2017 SB 10 5-00174A-17 201710 294 in its evaluation of the regulation schedule for the lake any 295 increase in outlet capacity south of the lake which offsets the 296 harmful freshwater discharges to the St. Lucie and 297 Caloosahatchee estuaries. 298 Section 4. Effective January 1, 2019, and contingent upon 299 the failure of the district or board to acquire land by November 300 30, 2018, pursuant to section 373.4598(3)(a) or (b), Florida 301 Statutes, subsection (3) of section 375.041, Florida Statutes, 302 is amended to read: 303 375.041 Land Acquisition Trust Fund.- 304 (3) Funds distributed into the Land Acquisition Trust Fund 305 pursuant to s. 201.15 shall be applied: 306 (a) First, to pay debt service or to fund debt service 307 reserve funds, rebate obligations, or other amounts payable with 308 respect to Florida Forever bonds issued under s. 215.618; and 309 pay debt service, provide reserves, and pay rebate obligations 310 and other amounts due with respect to Everglades restoration 311 bonds issued under s. 215.619; and 312 (b) Of the funds remaining after the payments required 313 under paragraph (a), but before funds may be appropriated, 314 pledged, or dedicated for other uses: 315 1. A minimum of the lesser of 30 2-5 percent or $250 a 316 million shall be appropriated annually for Everglades projects 317 that implement the Comprehensive Everglades Restoration Plan as 318 set forth in s. 373.470, including the Central Everglades 319 Planning Project subject to Congressional authorization; the 320 Long -Term Plan as defined in s. 373.4592(2); and the Northern 321 Everglades and Estuaries Protection Program as set forth in s. 322 373.4595. From these funds, $32 million shall be distributed Page 11 of 14 CODING: Wordsn are deletions; words underlined are additions. Florida Senate - 2017 SB 10 5-00174A-17 201710 323 each fiscal year through the 2023-2024 fiscal year to the South 324 Florida Water Management District for the Long -Term Plan as 325 defined in s. 373.4592(2). After deducting the $32 million 326 distributed under this subparagraph, from the funds remaining, a 327 minimum of the lesser of 80 ?6.5 percent or $150 $199 million 328 shall be appropriated each fiscal year through the 2025-2026 329 fiscal year for the planning, design, engineering, and 330 construction of the Comprehensive Everglades Restoration Plan as 331 set forth in s. 373.470, including the Everglades Agricultural 332 Area Storage Reservoir, component G, and including the Central 333 Everglades Planning Project subject to Congressional 334 authorization. The Department of Environmental Protection and 335 the South Florida Water Management District shall give 336 preference to those Everglades restoration projects that reduce 337 harmful discharges of water from Lake Okeechobee to the St. 338 Lucie or Caloosahatchee estuaries in a timely manner. For the 339 purpose of performing the calculation provided in this 340 subparagraph, the amount of debt service paid pursuant to 341 paragraph (a) for bonds issued after July 1, 2016, for the 342 purposes set forth under paragraph (b) shall be added to the 343 amount remaining after the payments required under paragraph 344 (a). The amount of the distribution calculated shall then be 345 reduced by an amount equal to the debt service paid pursuant to 346 paragraph (a) on bonds issued after July 1, 2016, for the 347 purposes set forth under this subparagraph. 348 2. A minimum of the lesser of 7.6 percent or $50 million 349 shall be appropriated annually for spring restoration, 350 protection, and management projects. For the purpose of 351 performing the calculation provided in this subparagraph, the Page 12 of 14 CODING: Wordsstr-:ken are deletions; words underlined are additions. Florida Senate - 2017 SB 10 5-00174A-17 201710 352 amount of debt service paid pursuant to paragraph (a) for bonds 353 issued after July 1, 2016, for the purposes set forth under 354 paragraph (b) shall be added to the amount remaining after the 355 payments required under paragraph (a). The amount of the 356 distribution calculated shall then be reduced by an amount equal 357 to the debt service paid pursuant to paragraph (a) on bonds 358 issued after July 1, 2016, for the purposes set forth under this 359 subparagraph. 360 3. The sum of $5 million shall be appropriated annually 361 each fiscal year through the 2025-2026 fiscal year to the St. 362 Johns River Water Management District for projects dedicated to 363 the restoration of Lake Apopka. This distribution shall be 364 reduced by an amount equal to the debt service paid pursuant to 365 paragraph (a) on bonds issued after July 1, 2016, for the 366 purposes set forth in this subparagraph. 367 Section 5. The South Florida Water Management District and 368 the Board of Trustees of the Internal Improvement Trust Fund 369 shall notify the Division of Law Revision and Information no 370 later than December 1, 2018, whether they have acquired land 371 pursuant to s. 373.4598, Florida Statutes. 372 Section 6. The Division of Law Revision and Information is 373 directed to replace the phrase "the effective date of this act" 374 wherever it occurs in this act with the date the act becomes a 375 law. 376 Section 7. Contingent upon bonds being issued for the 377 purposes of s. 373.4598, Florida Statutes, and if land is 378 acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the 379 sum of $64,000,000 in recurring funds from the Land Acquisition 380 Trust Fund is appropriated for the 2017-2018 fiscal year to pay Page 13 of 14 CODING: Wordsstrier are deletions; words underlined are additions. M Florida Senate - 2017 SB 10 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 5-00174A-17 201710_ debt service on bonds that implement this act and are issued pursuant to s. 215.618, Florida Statutes. Section 8. Contingent upon bonds being issued for the purposes of s. 373.4598, Florida Statutes, and if land is acquired pursuant to s. 373.4598(3)(a), Florida Statutes, the sum of $36,000,000 in recurring funds from the Land Acquisition Trust Fund is appropriated for the 2018-2019 fiscal year to pay debt service on bonds that implement this act and are issued pursuant to s. 215.618, Florida Statutes. Section 9. Contingent upon bonds being issued for the purposes of s. 373.4598, Florida Statutes, and if land is acquired pursuant to s. 373.4598(3)(b), Florida Statutes, the sum of $100,000,000 in recurring funds from the Land Acquisition Trust Fund is appropriated for the 2018-2019 fiscal year to pay debt service on bonds that implement this act and are issued pursuant to s. 215.618, Florida Statutes. Section 10. Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law. Page 14 of 14 CODING: Words strieleen are deletions; words underlined are additions. Dlsr t tbufed wifh ,*taw 3/2J/17 JUInulc Pa4 elz City O�'Okeechobee Okeechobee City Council SS SE 3' Avenue Mayor Watford Okeechobee Florida 34974 Noel Chandler (863) 763-3372 Mike O'Connor www.cityofokeechobee.com Gary Ritter Monica Clark March 10, 2017 Senator Denise Grimsley 413 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Dear Senator Grimsley: The City of Okeechobee supports the continued efforts of the Okeechobee County School Board to provide a suitable atmosphere for students. Upon review of the reports and presentations in regards to upcoming capital replacement cost of a dated building and equipment coupled with the lack of suitable facilities, the City had found supporting the new construction was not only financially viable but needed to continue to meet the growing demand of the community and workforce. The current facility is dated and limits our students to a sub -standard level of education compared to that of more populated cities and regions. The Okeechobee High School has continued to provide our students and future leaders the education they deserve, however now after professional reports and analysis, the school has just not kept up with the region. This lack of competitiveness has placed our graduates at an even higher disadvantage in secondary education and the work force. Not only do we support the school board's efforts to improve and construct this new facility, but we applaud them for their continued detennination to provide the vital education to our children and leaders. Please find the letter along with the City's sentiments in support of the construction of a new school facility. Should you have any questions or concerns, please feel free to contact me at City Hall (863) 763-3372. Sincerely, owling R. Watford, Jr. Mayor City of Okeechobee MYM/rb Cc: City Council 9M City O�'Okeechobee SS SE 3' Avenue Okeechobee Florida 34974 (863) 763-3372 www.cLtyofokeechobee.com State Representative Cary Pigman 400 South Monroe Street Tallahassee, FL 32399-1100 Dear Representative Pigman: 01s1,1-lbakd IVA 3/21/1-7 M1nitk Agae4fs cm Okeechobee City Council Mayor Watford Noel Chandler Mike O'Connor Gary Ritter Monica Clark March 10, 2017 The City of Okeechobee supports the continued efforts of the Okeechobee County School Board to provide a suitable atmosphere for students. Upon review of the reports and presentations in regards to upcoming capital replacement cost of a dated building and equipment coupled with the lack of suitable facilities, the City had found supporting the new construction was not only financially viable but needed to continue to meet the growing demand of the community and workforce. The current facility is dated and limits our students to a sub -standard level of education compared to that of more populated cities and regions. The Okeechobee High School has continued to provide our students and future leaders the education they deserve, however now after professional reports and analysis, the school has just not kept up with the region. This lack of competitiveness has placed our graduates at an even higher disadvantage in secondary education and the work force. Not only do we support the school board's efforts to improve and construct this new facility, but we applaud them for their continued detennination to provide the vital education to our children and leaders. Please find the letter along with the City's sentiments in support of the construction of a new school facility. Should you have any questions or concerns, please feel free to contact me at City Hall (863) 763-3372. Sincerely, Dowling R. Watford, Jr. Mayor City of Okeechobee MYM/rb Cc: City Council