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2002-07-02 Regular354 CITY OF OKEECHOBEE JULY 2 2002 REGULAR CITY COUNCIL MEETING i-- t SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 II AGENDA III COUNCIL ACTION -DISCUSSION -VOTE II I. CALL TO ORDER - Mayor: July 2, 2002, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the July 2, 2002 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Edward Weiss; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R, Watford, Jr, Council Member D. Clayton Williams, Jr. City Attorney John R, Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2002 Regular Meeting. Invocation was offered by Pastor Edward Weiss; Mayor Kirk led the pledge of allegiance. Deputy Clerk Gamiotea called the roll: Present Present Present Present Present Present (entered chambers at 6:21 p.m.) Present Absent Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 18, 2002 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. .JULY 2, 2002 - REGULAR MEETING - PAGE 2 OF 9 355 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II V. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's 11� Mayor Kirk asked if there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business item D regarding a Police Department Block Grant, was added. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 796 revising Council Member Watford moved to read by title only, proposed Ordinance No. 796 revising Ordinance No. 790 to Ordinance No. 790 to reflect a change of the Special Election date reflect a change of the Special Election date from September 3, 2002 to September 10, 2002; seconded by Council from September 3, 2002 to September 10, 2002 - City Attorney Member Oliver. (Exhibit 1). b) Vote on motion to read by title only. VOTE _ KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 796 by title only. Mayor Kirk read proposed Ordinance No. 796 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 790; WHICH ORDINANCE PROVIDED FOR SUBMISSION OF A REFERENDUM TO THE VOTERS OF THE CITY, AND SETA DATE THEREFORE; PROVIDING FOR AN AMENDED DATE OF REFERENDUM DUE TO CHANGE IN STATE LAWS; PROVIDING AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 796. 111 Council Member Oliver moved to adopt proposed Ordinance No. 796; seconded by Council Member Chandler. b) Public Comments. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. 356 JULY 2, 2002 - REGULAR MEETING - PAGE 3 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION - CARRIED B.1. a) Motion to read by title only, proposed Ordinance No. 797 regarding Council Member Oliver moved to read by title only, proposed Ordinance No. 797 regarding Code Enforcement Code Enforcement procedures and definitions - City Attorney procedures and definitions; seconded by Council Member Chandler. (Exhibit 2). b) Vote on motion to read by title only. _ VOTE _ KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED c) City Attorney to read proposed Ordinance No. 797 by title only. Mayor Kirk read proposed Ordinance No. 797 by title only as follows; "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 8, PARTICULARLY SECTION 8-1 THEREOF, BY ADDING DEFINITIONS TO ASSIST IN THE INTERPRETATION AND ENFORCEMENT OF SAID CHAPTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 797, 111 Council Member Chandler moved to adopt proposed Ordinance No. 797; seconded by Council Member Oliver. b) Public Comments. 111 Mayor Kirk asked where there were any questions or comments from the public. There were none. Council Member Watford commented that he appreciated the amount of work that had gone into this long and tedious process to get a final ordinance for Council consideration. He also thanked Code Compliance Officer Bob Hillary for preparing the maps for the Council. It made it easier for the Council to see all the different areas in the City. It was noted that the maps are for reference only and not tied to the ordinance. He continued by stating further that this was JULY 2, 2002 - REGULAR MEETING - PAGE 4 OF 9 357 H AGENDA M COUNCIL ACTION - DISCUSSION - VOTE 11 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public Comments Continued. M a good compromise, however it was not an ordinance he would be supporting. The Council and Code Enforcement Board Vice Chairperson, Mack Worley, Jr. briefly discussed the proposed ordinance and specific areas within the City. Mr. Worley also noted that there are still some "grey" areas that will have to be addressed by the Code Enforcement Board as they are cited. Council Member Oliver also noted that the proposed ordinance was a good compromise. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - NAY WILLIAMS - YEA MOTION CARRIED. Council also noted that with the adoption of this ordinance the moratorium placed on these types of Code violations will now be lifted. C.1. a) Motion to read by title only, proposed Ordinance No. 798 amending Council Member Watford moved to read by title only, proposed Ordinance No. 798 amending the Comprehensive Plan the Comprehensive Plan Future Land Use Map, Lots 5 to 8 of Block Future Land Use Map, Lots 5 to 8 of Block 24, Northwest Addition from Residential Single Family to Residential Multi- 24, Northwest Addition from Residential Single Family to Residential Family, Application No. 02-004-SSA submitted by Tirso Gonzalez; seconded by Council Member Oliver. Multi -Family, Application No. 02-004-SSA submitted by Tirso Gonzalez - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JULY 2, 2002 - REGULAR MEETING - PAGE 5 OF 9 AGENDA VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. COUNCIL ACTION - DISCUSSION -VOTE C.1. c) City Attorney to read proposed Ordinance No. 798 by title only. Mayor Kirk read proposed Ordinance No. 798 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 798. (Land Planning III Council Member Oliver moved to adopt proposed Ordinance No. 798; seconded by Council Member Chandler. Agency recommends approva/). b) Public Comments Mr. John Dulmer, City Planning Consultant addressed the Council regarding Future Land Use Map Application No. 02-004-SSA submitted by Tirso Gonzales, property owner being H.A. Rickards, Jr. The applicant is requesting a change in land use from Residential Single Family to Residential Multi -Family. The property is located within the 1000 block of Northwest 411 Street. Legal Description being Lots 5, 6, 7 and 8, Block 24, Northwest Addition of Okeechobee 11 and is approximately 1 acre. Planning Staff Report reflects that the land use would be consistent with Future Land Use Map. Public facilities are in place to provide service to the property. The demand of the project should be minimal, however, final determination will be made by Site Plan Review. The proposal would be consistent with surrounding land uses. Five duplexes exist to the Southwest of the subject property. A triplex exists on the corner of Northwest 41n Street and Northwest 111h Avenue. The property is in a neighborhood with three blocks designated as Multi -Family, with numerous duplexes in the area. The proposal is consistent with all applicable standards of the Plan, Housing, Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element. Because of the mix of Single -Family dwellings within the neighborhood, the approval of this application would not create an inconsistent use. The application is consistent with applicable policies of the Comprehensive Plan, and all other impacts that would be associated with the development, are within the City's established level -of -service standards. Planning Staff therefore, recommends approval of the application based on consistency with the City's Comprehensive Plan. The Land Planning Agency discussed the application at their June 25, 2002 meeting and unanimously recommends approval. JULY 2, 2002 - REGULAR MEETING - PAGE 6 OF 9 359 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII, NEW BUSINESS. VOTE _ KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED PUBLIC HEARING AT 6:23 P.M. A. 1. a) Motion to read by title only and set July 16, 2002 as a public hearing Council Member Watford moved to read by title only and set July 16, 2002 as a public hearing date for proposed date for proposed Ordinance No. 799 amending the Zoning Map, Ordinance No. 799 amending the Zoning Map, Lots 1 to 26 of Block 99, City of Okeechobee from Holding to Lots 1 to 26 of Block 99, City of Okeechobee from Holding to Residential Single Family -One, Application No. 02-004-R submitted by Daniel Creech seconded by Council Member Residential Single Family -One, Application No. 02-004-R submitted Williams. by Daniel Creech - City Planning Consultant (Exhibit 4). 11 b) Vote on motion to read by title only and set public hearing. _ VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 799 by title only. City Attorney read proposed Ordinance No. 799 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 360 .1ULY 2, 2002 - REGULAR MEETING - PAGE 7 OF 9 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 VII, NEW BUSINESS CONTINUED. 2. a) Motion to approve the first reading of proposed Ordinance No. 799. b) Discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 02-8 authorizing the execution of a State Highway Lighting, Maintenance and Compensation Agreement with the Department of Transportation - City Administrator (Exhibit 5). Council Member Williams moved to approve the first reading of proposed Ordinance No. 799; seconded by Council Member Chandler, Mr. John Dulmer, City Planning Consultant addressed the Council regarding Petition 02-004-R, property owner and applicant is Daniel Creech. Mr. Creech is requesting a change in the existing zoning classification of Holding (H) to Residential Single Family One (RSF1). The property is located within the 900 Block of Northwest 5" and 6" Streets. The legal description being Lots 1 to 26,inclusive, Block 99 of Okeechobee and is approximately 4.30 acres. Mr. Dulmer explained that the subject property has a Future Land Use designation of Single Family and if the zoning is approved it would be consistent with the Comprehensive Plan. The rezoning request is consistent with the properties to the North and to the South. The property to the East is zoned Industrial, and to the West is zoned Public Use. The only remaining issue prior to the development will be that the subject property is platted into fifty (50) foot lots. The Applicant will have to address the lot sized prior to development. Planning Staffs recommendation is that he replat the entire block. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 02-8 authorizing the execution of a State Highway Lighting, Maintenance and Compensation Agreement with the Department of Transportation; seconded by Council Member Oliver. There was a discussion between the Council and Attorney Cook regarding liability and insurance coverage. Staff was instructed to confirm insurance coverage prior to Council taking action on this matter. Council Member Oliver moved to table a motion to adopt proposed Resolution No. 02.8; seconded by Council Member Chandler. JULY 2, 2002 - REGULAR MEETING - PAGE 8 OF 9 361 II AGENDA m COUNCIL ACTION - DISCUSSION -VOTE ._�I MI. NEW BUSINESS CONTINUED. B. Motion to adopt proposed Resolution No. 02-8 authorizing the VOTE ON MOTION TO TABLE execution of a State Highway Lighting, Maintenance and KIRK - YEA Compensation Agreement with the Department of Transportation - CHANDLER - YEA continued. OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to award the 2001/2002 Roadway Improvements Project - There was a brief discussion between the Council and the Staff, regarding Northwest 7" Street Council Member City Administrator (Exhibit 6). 1 Watford moved to amend the list by deleting Northwest 7m Street, Mayor Kirk called for a second three times. Motion died for lack of second. Council Member Oliver moved to award the 200112002 Roadway Improvements Project to Better Roads in the amount of two hundred twenty three thousand four hundred dollars ($223,400.00): seconded by Council Member Chandler Council also discussed with Administrator Veach the possibility of a change order for Southeast 81h Avenue. This matter will be brought back to the Council for further consideration. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO THE AGENDA: D. Motion to approve a 2002 Local Law Enforcement Block Grant in the amount of $14,174.00 - Police Chief (Exhibit 7). Council Member Watford moved to approve a 2002 Local Law Enforcement Block Grant in the amount of fourteen thousand one hundred seventy four dollars ($14,174.00); seconded by Council Member Chandler. This is a matching grant. Staff was confident the required 10 percent could be found in the budget, should the City be awarded the grant 362 JULY 2, 2002 - REGULAR MEETING - PAGE 9 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION -VOTE II VII. NEW BUSINESS CONTINUED D. Motion to approve a 2002 Local Law Enforcement Block Grant in the amount of $14,174.00 continued. VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSUFE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EV':DENCE UPON WHICH THE APPEAL IS TO BE BASED ATTI -$T: Bonnie S. Thomas, CIVIC, City Clerk VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:50 p.m. PAGE -1- City of Okeechobee - July 2, 2002 - Regular City Council Meeting -Handwritten Minutes I. CALL TO ORDER - Mayor: Vi t r 1*4) July 2, 2002, City Council Regular Meeting. 6:00 a.m. II. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Adriana Berry IV. MINUTES - City Clerk. A. Council Member 0,W moved to dispense with the reading and approve the Summary of Council Action for the June 18, 2002 Regular Meeting; seconded by Council Member 1A ) VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER OLIVER ✓ WATFORD ✓ WILLIAMS V MOTION ARRI DENIED V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. add PO LAW End rev_m llf 7 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor (O. D 5 pm. A.1. a) Council Member OW moved to read by title only, proposed Ordinance No. 796 revising Ordinance No. 790 to reflect a change of the Special Election date from September 3, 2002 to September 10, 2002 - City Attorney (Exhibit 1); seconded by Council Member 60 . b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK V CHANDLER OLIVER WATFORD WILLIAMS MOTION DENIED c) City Attorney to read proposed Ordinance No. 796 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.790; WHICH ORDINANCE PROVIDED FOR SUBMISSION OF A REFERENDUM TO THE VOTERS OF THE CITY, AND SET A DATE THEREFORE; PROVIDING FOR AN AMENDED DATE OF REFERENDUM DUE TO CHANGE IN STATE LAWS; PROVIDING AN EFFECTIVE DATE. ,2O I)krro( . 0 f PAGE -1- City of Okeechobee - July 2, 2002 - Regular City Council Meeting - Handwritten Minutes - I. CALL TO.ORDER - Mayor: i" July 2, 2002, City Council Regular Meefing, 6:00 a.m. II. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; Pledge of Allegiance led by Mayor. bt ` v I III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. __&rn c ut c„ Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy City Clerk S. Lane Gamiotea Secretary Addana Berry IV. MINUTES - City Clerk. A. Council Member QC_ moved to dispense with the reading and approve the Summary of Council Action for the June 18, 2002 Regular Meeting; seconded by Council Member _ O-kJ. VOTE YEA NAY ABSTAIN ABSENT KIRK �C�l CHANDLER OLIVER ' WATFORD WILLIAMS MOTION AFt IED DENIED V. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor &A pm. A.1. a) Council Member )i moved to read by fitle only, proposed Ordinance No. 796 revising Ordinance No. 790 to reflect a change of the Special Election date from September 3, 2002 to September 10, 2002 - City Attorney (Exhibit 1); seconded by Council Member & b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION AItFtIE DENIED c)-EfRey to read proposed Ordinance No. 796 by title only. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.790; WHICH ORDINANCE PROVIDED FOR SUBMISSION OF A REFERENDUM TO THE VOTERS OF THE CITY, AND SET A DATE THEREFORE; PROVIDING FOR AN AMENDED DATE OF REFERENDUM DUE TO CHANGE IN STATE LAWS; PROVIDING AN EFFECTIVE DATE. E CITY OF OKEECHOBEE July 2, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - Mayor: July 2, 2002, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 18, 2002 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 3 18 JULY 2, 2002 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 796 revising Ordinance No. 790 to reflect a change of the Special Election date from September 3, 2002 to September 10, 2002 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 796 by title only. 2. a) Motion to adopt proposed Ordinance No. 796. b) Public Comments. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 797 regarding Code Enforcement procedures and definitions - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 797 by title only. 2. a) Motion to adopt proposed Ordinance No. 797. b) Public Comments. c) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No. 798 amending the Comprehensive Plan Future Land Use Map, Lots 5 to 8 of Block 24, Northwest Addition from Residential Single Family to Residential Multi -Family, Application No. 02-004-SSA submitted by Tirso Gonzalez - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 798 by title only. JULY VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. a) Motion to adopt proposed Ordinance No. 798. (Land Planning Agency recommends approva4. b) Public Comments c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. • VII. NEW BUSINESS. 2002 - CITY COUNCIL AGENDA - PAGE 3 OF 3 A.1. a) Motion to read by title only and set July 16, 2002 as a public hearing date for proposed Ordinance No. 799 amending the Zoning Map, Lots 1 to 26 of Block 99, City of Okeechobee from Holding to Residential Single Family -One, Application No. 02-004-R submitted by Daniel Creech - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 799 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 799. b) Discussion. 0 c) Vote on motion. B. Motion to adopt proposed Resolution No. 02-8 authorizing the execution of a State Highway Lighting, Maintenance and Compensation Agreement with the Department of Transportation - City Administrator (Exhibit 5). C. Motion to award the 2001 /2002 Roadway Improvements Project - City Administrator (Exhibit 6). VIIi. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ORDINANCE NO. 796 712 A6FMw AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 790; WHICH ORDINANCE PROVIDED FOR SUBMISSION OF A REFERENDUM TO THE VOTERS OF THE CITY, AND SET A DATE THEREFORE; PROVIDING FOR AN AMENDED DATE OF REFERENDUM DUE TO CHANGE IN STATE LAWS; PROVIDING AN EFFECTIVE DATE. WHEREFORE, the City of Okeechobee, Florida by enactment of Ordinance Number 790, provided for submission of a referendum to the voters of the City to determine whether the Office of City Clerk should remain elective or be changed to an appointed position; and WHEREAS, state law requires that the date of the election at which time a referendum is to be considered must be set out in the ordinance, which date was set as September 3, 2002; and WHEREAS, subsequent to the final adoption of Ordinance Number 790 state law was changed, and the City is advised by the County Supervisor of Elections that the date of September 3, 2002 was no longer valid, and another date should be selected; THEREFORE, be it ordained and resolved by vote of the City Council for the City of Okeechobee, Florida, as follows: 1. THAT Ordinance Number 790 heretofore enacted by the City of Okeechobee, Florida is amended to reflect that the referendum authorized by said ordinance shall be placed before the City electorate on September 10, 2002. 2. THAT in all other respects, Ordinance Number 790 remains unchanged. 3. THAT this ordinance shall become effective immediately upon approval of second reading on July 2, 2002. INTRODUCED for first reading and set for final public hearing on this 18th day of June, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 2"d day of Jam, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney i The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily OF PINED tdtRrw C� OF STATE OF FLORIDA COUNTY OF OKEECHOBEE �,<R01� PLEASETtclyICEtlattrCb Catnita tlr Clb a 0lstdnbtt, JWY Before the undersigned authority personally appeared 1b WIN On TTVNft, ?. 2002 9 800�p.mat: Loon 8�nttlbr Doses. at Cey Mtl, 65 Judy Kasten, who on oath says she is publisher of the Okeechobee SE 3rd Aw, . p duct a � pa � News, a DAILY Newspaper published at Okeechobee, in BtaalMr conttdtt tralpd�q d Okeechobee County, Florida; that the attached copy of advertise -NO. �01 111E ment, being a �11NRAW OF WASCH RearNTontEvoreNofnN Mao�s Tort M IIAll ofEPWAS OIIM OIN 10 CIMII� M SIM LAMlfi }IIOr6p:AR Q111E in the matter of N 410ow New The Ord `C- b sw hu q. papoMA M" bt M b to- 1 Q.C- C J1 i in 1M tJnr� C4Y rogd- PLEASE YA WTICLhtld B PLEASE' TAIOit�y AN) Bf . IotpptW dldtlnrrio S t in the 19th Judicial District of the Circuit Court of Okeechobee rtl�lr COIIddOfO' st AIY IMYIp, - County, Florida, was published in said newspaper in the issues � �, � � a of apper= such epaP�inaOa dnosw � IN i \ l� Z IN Yps b ngds wMdi head Yf tsto upon Wh *W bM�aa beat Cey CWk UM to for ttn tab Pa m a blow fa alMiel ncadt a 6r Cbdt In Ihp`A) We �axp�aprdpm�y»+�ve 0afoir wN d. SbhAla 258.2I. Affiant further says that the said Okeechobee News is p8, attapapM�lta p. a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been asap staid conisb on* bIMP " - gm published continuously in said Okeechobee County, Florida t�gilanwnob 863 7�p72 >pQtN ' N IInp a each week and has been entered as second class mail matter at � or Fiorldt RW�y Sir the post office in Okeechobee, in said Okeechobee County, S. TES per' pry Florida, for a period of one year next preceding the first 298RK 8/21I0 ': 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. ar< s.bsctild before me this o2� Sworn FOP day of J�� A.D. 20 G uu Notary Public, State of Florida;* Karmen R. Brown '—'.Commission # CC 902300 Expires Jan. 17, 2004 Bonded Thru FAtlantic Bonding Co., Inc. • • ExilivIT 2 - 7/2 A ffHVA ORDINANCE NO. 797 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 8, PARTICULARLY SECTION 8-1 THEREOF, BY ADDING DEFINITIONS TO ASSIST IN THE INTERPRETATION AND ENFORCEMENT OF SAID CHAPTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate interest in the welfare of the City, and particularly the manner in which codes are interpreted and enforced; and WHEREAS, the City of Okeechobee, Florida further believes the improvement and maintenance of properties in the City not only improves property values, but enhances the aesthetics of the City, which is a general benefit for all citizens; and WHEREAS, the City Council for the City of Okeechobee, Florida has directed that the Code Board established in the City by the authority of Chapter 162 , Florida Statutes propose amendments to Chapter 8 of the Code of Ordinances to permit greater ease in the interpretation and enforcement of said chapter; THEREFORE, be it ordained and adopted by majority vote of the City Council for the City of Okeechobee, Florida as follows: SECTION I. That Chapter 8-1 of the Code of Ordinances for the City of Okeechobee, Florida is hereby amended to include definitions of certain terms for the Chapter, to be included in this section by alphabetical listing: "Developed Land" is land that is serviced by infrastructure to the extent that it is available for building a residence, or commercial or industrial building. "Platted Land" is land that has been divided into lots and blocks by recorded plat. "Raw Land" is land which has not been developed beyond what is necessary for a bona fide agricultural use, such as fencing, improved pasture, orwaterfor livestock. SECTION II. That Chapter 8-11 of the Code of Ordinances for the City of Okeechobee, Florida is hereby amended to include a preface to subparagraph (a) thereof, to be included as the first paragraph in this section: Sec. 8-11. General cleaning and beautification In the interpretation of this section, the City has determined that all lands in the City fall into the following categories, and the code will be enforced in this section to conform to these categories: "Unplatted and undeveloped" lands are considered to be raw land or unimproved land. "Platted and undeveloped" lands are considered to be raw land or unimproved land. "Platted and developed" lands are considered to be developed or improved land. "Unplatted and partially developed" lands are considered as developed and Page 1 of 2 improved land only for that portion of the whole parcel that includes actual developed land. SECTION III. That in all other respects, chapter 8 of the code of ordinances for the City of Okeechobee, Florida shall remain unchanged. SECTION IV. SEVERABILITY Should any provision or section of this ordinance or the regulation adopted by reference and attached to this ordinance, be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared by the court to be invalid or unconstitutional SECTION V. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the 2 n' day of Jam, 2002. INTRODUCED for first reading and set for final public hearing on this 18th day of June, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED on final public hearing on this 2"d day of Jully, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared F FFOFFVKX � Judy Kasten, who on oath says she is publisher of the Okeechobee CrtY OF OIOSMOOM ROOtOIt News, a DAILY Newspaper published at Okeechobee, to pT W o°iy" Okeechobee County, Florida; that the attached copy of advertise- Coosa of go Cf ostpe* Rorkto wo on wm*J* Z went, being a 20M at S..W pm or Y soon SE 3rdJ��Z f1Tl< L dLvt eu L' Ft xid b bobwicgarlar 1rd n.aiq a W 7f7 AN FMW cNrmC OF -op- kW = uuFmnc- > deer tr �0 00 01 MTQW in the matter of own IN SrnWVWX= AM SO 01� OF CWM FM � a"OtlFIwYq�IY M M IV C< �C-1 S c2 t L eoc �!`l a tiu were ih ae- fn eeiYp�1M wdopoaod tanct stay et Yppoeba et b W markw of M »°bi a a In aq a. °1Qh s in the 19th Judicial District of the Circuit Court of Okeechobee4 �p��plAordoya County, Florida, was published in said newspaper in the issues R'� rAMEO of E+iPPd d�eeWonmCWWAW at oOe�� such kl*Mormecwd of NkOA9orso"mfi�4YA andNo ia 1 yvs�k p qww 19 ~ C1�Soa O n*Y ,iay s10 ord in - Won netdi Ve *pod is b rt Affiant further says that the said Okeechobee News is barb tot O�0rp�o to0 aoM potpaoo d �9 for otOdll ncado of Oo t2Mk. a newspaper published at Okeechobee, in said Okeechobee hacevO p�ords�eorAhtlrMirfonr County, Florida, and that said newspaper has heretofore been blaerin 255�a published continuously in said Okeechobee County, Florida nwaMlontprpolobriopro- each week and has been entered as second class mail matter at 0 4 OVA eonYa Sank TlanWtomYYrtlgntwo (2) woAc- the post office in Okeechobee, in said Okeechobee County, InO qra plor thy at Florida, for a period of one year next preceding the Errs[ wokeCd �t&N-M publication of the attached copy of advertisement; and affiant 7777, 501M 11 further says that she has neither paid nor promised any person, DOWSE S• THE, CMC. C1TY CLERK firm or corporation any discount, rebate, commission or refund 29a8 t4 - oN anima for the purpose of securing this advertisement for publication in the said newspaper. ,r Sworn to nd ubscribed fore me this day of, A.D. 20 Notary Public, State of Florida at Karmen R. Brown ' r-'s Commission # CC 902300 ac Expires Jan. 17, 2004 Bonded Thru p„�� Atlantic Bonding Co., Inc. RKp H RSFI: .,,..a, ,,, ®v IND i. ♦ IND - 4 1t1SF to=_ ♦ — n „ _ .. . L ,> 1 _ t . a ».n.,. �_ , PUB IND ` uilp - • - - • •• n toot rRl w 1 y "7tYP ,m' u, ra n,ln,o H .: '-*"" INI%S1 - nwa a a lutaeu e u ur will tfar , - k 1 } 1 11, ♦! I' � rk t IL.:.lk+l f�1 .: '1 I .t f BIND 11� � rq, qe,�� 1 (! �y.. '� � . • :. I� �'" ..� _ 1 - — i H RSF1_ n., rt. 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RSFI ,1_•OC{lT-� -} �..`V ocVcl.i`uc.{7 _. F u, art w •. y�i „n, !. - a1w' PlA `�' Jv:�t�CZi p2LS .' •r.dal (�+-•}1 ' I a : - ,iilV.- _.. -__ -. -- „ .. ZONINGS ATLAS LEGEND � !,,•,I all,,. aT RIIP CHV •'`�' CEV - SEAW COPOPPAIAL- ~!:� � k tn115 melr.�e CLT w LIMr CO�0MAIALICED - COmptaIAL afPRAL BUSINESS DISTRICT ! _ CQUM9 AL ARAFaO IQK4L ,r ` CPO 1 S OFFICE _ ,'' tanr f.1 , , , ,+1 . PUB - I'MIC asa IND - INDUSTXIAI. IAW - RES IDatrl'IAI! Ai, ! g ` RrrF MM - PBSIDENTIAI• gOBIL% MR CHV RM • USSIDI�atI•IAL 41N01r>I FMII•Y ' M112 - 01INWIAI. 4INCI.>4 -- - 28 25 SPECIFIC MAP NOTAS 111 AIRW UAMINI AFFICFS FOR ARINITIAN OF I0111PIA WINE KA69R1AA(IAN - -- — ZONING ATLAS MAP ,I,w,,.CNANgA N6A8 AAR AI I{ �FIAIA4 - CITY OF OKEECHOBEE IONINI PAR TiiA IANINI PiTION NA Gk AITrAPAlI1�Aanlpup Iw,t �LYIING WITHIN A PORTION OF PIT AIAAItl� IoNINA IPA SECTION SECTIION 15, 16, 21 & 22 P!tufseq '� I6 c•:� TOWNSH[IIP, TII'H[ 37 SO * ]RANGE 35 ]EASE' _ blµl �14 1 T15 �1+1t� H; to a I�6 OK EECHIOB EIE COUNTY, IFILOIR II DA EkNefr 3 - 7/2 A ffNVA ORDINANCE NO.798 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that,.-, the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1 SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment", pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2 AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11, Florida Statutes. SECTION 3 REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 02-004-SSA, from Residential Single Family (RSF) to Residential Multi -Family (RMF). The Legal Description of Subject Property is as follows: Lots 5, 6, 7, and 8, Block 24, Northwest Addition of Okeechobee according to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida Page 1 of 2 r� SECTION 4 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 6 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. The effective date for the enactment of Ordinance No. 798 shall be thirty- one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 2 nd day of July, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Adopted after first reading on the V day of July, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 AGENDA IV. NEW BUSINESS. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 02-004- SSA. Consider a recommendation to the City Council, to change the land use designation from Single Family to Multi Family located within the 1000 Block of N.W. 41h Street (Legal: Lots 5, 6, 7 and 8, Block 24, Northwest Addition of Okeechobee). The property owner is H.A. Rickards, Jr. The applicant is Triso Gonzalez. 0 June 25, 2002 - Land -Planning Agency - Pa e 2 of 3 ACTION - DISCUSSION - VOTE John Dulmer City Planning Consultant described the subject property and gave a brief background of the surrounding properties. He explained that if granted the request this property would be consistent then be consistent with the zoning map which already shows a designation of Residential Multiple Family. He further explained that the application is consistent with applicable policies of the Comprehensive Plan, and all other impacts that would be associated with the development are within the City's established level of service standards. Staff recommends that the Land Planning Agency recommend that the City Council grant the request for a future land use map amendment to the comprehensive plan, to change from Single Family to Multi Family, located within the 1000 Block of N.W. 4`h Street. There was no public comment. There was no discussion from the Board. Board Member Keller moved to recommend to the City Council to grant approval for Future Land Use Map Amendment Application No. 02-004-SSA, requesting to change the land use designation from Single Family to Multi Family. Board Member Ledfcrd seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. 1375 Jackson Street, Suite 206 : Fort Myers, Florida 33901-2845 239-334-3366 Staff Report -Small=Scale Prepared for: Staff Report Applicant: Triso Gonzalez / Ed Fager Small -Scale Comprehensive Plan Amendment Petition No. 02-004-SSA General Information Petition Number: Owner: Owner Address: Owner Phone Number (H): Owner Phone Number (W): Applicant: Applicant Address Applicant Phone Number (H): Applicant Phone Number (W): 02-004-SSA H.A. Rickards, Jr. 3476 Rocky Gap Place Cocoa, Florida 32926-7404 321-480-4217 321-632-5850 Ext.#335 Triso Gonzalez / Ed Fager P.O. Box 579 Okeechobee, Florida 34973 863-610-0159 863-763-7058 (Ed Fager) Future Land Use Map Classification Existing Proposed 3-16-37-35-0160-00240- 0050 Zoning District Single -Family Multi -Family Existing Land Use Multi -Family (RMF) Use of Property Vacant Acreage 1 Acre +/- Density 4 du/ac 10 du/ac (I I du/ac if affordable housing is used Access N.W.4` Street Legal Description: Lots 5, 6, 7, and 8, Block 24, Northwest Addition of Okeechobee according to the Plat thereof recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Florida Request: The applicant intends to amend the Future Land Use Map for the subject property from Single -Family to Multi -Family. If approved the request would increase the density from 5 du/ac to 10 du/ac (I I du/ac if affordable housing is built). Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Single -Family Zoning District: Single -Family (RMF) Existing Land Use: Staff Report Small -Scale Comprehensive Plan Amendment Future Land Use Policy 8.1 Applicant: Triso Gonzalez / Ed Fager Petition No. 02-004-SSA The city will amend its land development regulations to encourage development techniques which mix and distribute land uses to accomplish the following: a) make the most efficient possible use of existing public facilities; b) recognize and preserve distinctive natural features of the development site; c) protect environmentally sensitive areas within the site; d) preserve open space; e) meet specific needs of the city, such as affordable housing; f) promote a sense of pride and community for its residents. The property is vacant and located within an urban area and has no environmental concerns rendering it consistent with Objective 5 of the Future Land Use Element and subsequent policies. B. Concurrency of Adequate Public Facilities Public facilities are in place to provide service to the property. The demand of the project should be minimal, however, the Public Works Director will make final determination of available capacity. Water and Sewer: The subject property is located within an urban service area. Both water and sewer services are supplied by the City of Okeechobee. Traff c: The impact of five additional units on city roadways will increase demand by approximately twenty (20) new trips. This increase will not create an excessive demand on City roads. Schools: The impact upon schools from the proposed development will be too small to accurately measure. Drainage: All improvements will be shown at the site plan review stage and they will be required to be consistent with Policy 6.1. C. Compatibility with Adjacent and Nearby Land Uses The proposal would be consistent with surrounding land uses. Five duplexes exist to the southwest of the subject property. A triplex exists on the corner of NW 4th Street and NW 1 lth Avenue. The property is in a neighborhood with three blocks designated as multi -family, with numerous duplexes in the area. 3 Staff Report Applicant: Triso Gonzalez / Ed Fager Small -Scale Comprehensive Plan Amendment Petition No. 02-004-SSA East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Single -Family Multi -Family (RMF) Single -Family Multi -Family (RMF) Single -Family Multi -Family (RMF) The subject parcel does not have a consistent Zoning and Future Land Use designation. While the property has been designated Single -Family on the Future Land Use Map, it is located within a contiguous six block area with Multi -Family Zoning. Adjacent property contains a mix of both single-family and multi -family dwellings. All of Block 23 (west), 131 (east), and 132 (southeast) have been designated Multi -Family on the Future Land Use Map. (See enclosed map to show locations.) It is not known why Okeechobee County had designated only three of the six blocks Multi -Family when creating the City's Future Land Use Map; however, both uses are consistent with the neighborhood and other surrounding uses. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Future Land Use Policy 1.2: The City of Okeechobee will ensure that needed public facilities will be in place prior to or concurrent with new development through implementation of a concurrency Management System [9J-5.006(3)(c)3]. Future Land Use Policy 2.2 ...In implementing the Comprehensive Plan, the city will ensure that its land development regulation protects the use and value of private property from adverse impacts of incompatible land uses, activities and hazards... Future Land Use Policy 2.3 The City will, through revision of appropriate land development regulations, establish compatibility criteria for adjacent land uses [9J-5.006(3)(c)2]. 2 Staff Report • Applicanriso Gonzalez / Ed Fager Small -Scale Comprehensive Plan Amendment Petition No. 02-004-SSA D. Compliance with Specific Standards of the Plan. The proposal is consistent with all applicable standards of the Plan including the following: Policy I -I (Housing), Policy 4.1 (Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element), and Policy 6.1 (Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) will require consistency at the site plan review stage. Analysis and Conclusions Because of the mix of single-family and multi -family dwellings within the neighborhood, the approval of this application would not create an inconsistent use. The application is consistent with applicable policies of the Comprehensive Plan, and all other impacts that would be associated with the development are within the City's established level -of -service standards. Staff therefore, recommends approval of the application based on consistency with the City's Comprehensive Plan. Maps or Diagrams Attachments to this Staff Report include the Future Land Use Map indicating the location of the subject property. Submitted by: James G. LaRue, AICP June 17, 2002 • Building and Zoning Department COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION Please check one: ❑Small Scale Amendment (Under 10 Acres) ❑Large Scale Amendment (Over 10 Acres) Name of Property Owner H.A. Rickards, Jr. Mailing Address 3476 Rocky Gap Place, cocoa FL 32926-7404 Home Telephone 321-480-4217 Work Telephone 321-632-5850 Fact. # 335 Name of Applicant, "If other than owner, (relationship) Tirso Gonzalez Applicant Mailing Address P.O. sox 579 Okeechobee FL 34973 Home Telephone 610-0159 Work Telephone 763-7058 Ed Fager (Partner) Property Address/Location 10th Avenue NW 4th Street Okeechobee FL 34974 Property Parcel Number 3-16-37-35-0160-00240-0050 Current Zoning Designation` R M Current Future Land Use Designation "" ��' Jl11 �- �� n Existing Use of the property vac- n Proposed Future Land Use Designation Multi -Family Proposed Use of the Property Multiy-Family Size of Property (in acres) 1 Acres-+ Description of Surrounding Properties Multi -Family Legal Description of Property (Lengthy Description May Be Attached) a0rthwest Addition to Okeechobee Plat Book 1 Page 5 Parrr,] 43 16 37 35 0160 00240 0050 L� (� Required Attachments: • Survey of Property (11" x 14", 20" Scale) • Application Fee $500.00 • Letter Outlining Request • City Location map • "Notarized Letter of Owner' uthorization Signature Date ,) • Mar 21 02 11:05a DATE: Mmch 21, 200� at TO: Okeechobee y Building and Zoning FROM: H.A. Rickards, Jr. P-2 RE: It is agreed and understood that Torso Gonzalez and Edward Fagcr have my permission to have the zoning on 10h Avenue NW 4`h Street, Parcel #3-16-37-35-0160-00240-0050 changed to Multi -Family. 1f you have any questions please call me at 321-632-5850 Ext # 335. Thank you. STATE OF FLORIDA , COUNTY OF Leel Z. Sworn to and subscribed be. :7 =e I {. A. Rickar. s. Jr. _ % Date this � day off, 2 � Personally Known by me -by H.A. Rickards, Jr. J&V Notary V Date V%%Illso, Kathlyn G. Lancaste _Commission # DD09382 - f =Ni jam_ Expires Feb. 19, 2006 �,� ;i•�: Bonded Thru 0;,P`� Atlantic Bonding Co., Inc. i0 39tid A_1Jc1nS 3NIaVW SIM3_1 TEbbiE9IZE 8I:9i Z00Z/IZ/E0 RBF A,QC-lO1.=1'1 F= RBF • I I I � I I LOT 10 LOT 9 3 I Z I RBF1— • EV,E 100.27' (F) �_. � -_ RBF LELAND DYALS R. L. S. 2084 304 S. N. 3rd Ave.. Okeechobee, Fla. PNOAE .... 763-4999 FAX..... 763-26W N 4TH AVENUE CENTERLINE RADIUS- 3211, 73- ARC- 200. 91-[ F] RBF 7 I OT 8 LOT 7 1 LOT 6 LOT 5 BLOCK 24 NOPTHW IST ADD I T I0I TO OKEEC IOBEE VACANT PROPERTY, 50'f P1 I 50'( P) I 50'!P1 — — ——589�59' 43' E f 99.93' IF) 50' 1 PJ — RBF SEAL SCALE 1'-30' LEGEND RBF - Rebar Found ABS - Rebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument (P1 - As Der the plat of (FJ - Fleld Measurement (0) - As per the deed (C) - Calculation NOTES: 1. Basis bearing EAST R/W OF NORTHWEST 11TH AVE 2, BearingsASSUMED 3. Not valld without the signature and the original raised seal of a Florida licensed surveyor and mapper. 4. Description furnish by owner STREET ADDRESS: N/A CERTIFIED TO: EDWARD FAGER SURVEY OF: LOT 5.6, 7 AND B, BLOCK 24. NORTHWEST ADDITION TO OKEECHOBEE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 25. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPERVISION. (' - 40' LocAT16x LOT 5, 6, 7, 94 ELK 24 NI ADD. TO WEE. SE-T 691ADARY 91MVEY Fox TE: 4/OE/U EDWARDILD 51 M148 / ) -FACER 7�1 C0.73/20 / (r 7 /_ 1 ■ .� m �a� ■� as sa a� 1�1�1111■ IMU 0. um 7i-lmmllmm I.- -1 1-...11....- M Y 4 1N IHMd F-IF-I FIM a a z c a s 9 is The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise - went, being a J� �L Z� - L in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn t and subscrib "fore me this day of i �sJ vim- A.D. 20 Notary Public, State of Florid i', " Karmen R. Brown _Commission # CC 902300 Fz_ Expires Jan. 17, 2004 9''..._. Bonded Thru Atlantic Binding Co., Inc. NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE,FLORIOA PLEASE TAKE NOTICE thatlhe City Council of the City of Okeechobee, Florida win on Tuesday, July 2. 2002 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL con- duct a PUBLIC HEARING on and thereafter consider final reading of the following Ordinance nto law' wn gas' 1N OROIAANCE OF THE IN Al members of the public are en- couraged to attend and parbcrpa� in said hearing. The proposed Ordi- nance may be inspected in its en- tirely by members of the public in the Office of the City Clerk dudny regular business ehpoturs, Mon-P., E0TA1(E NOTICE 'AND B ADVISED that ff airy person desires to appeal Ision made by the City Council with respect to any matter considered at this hearing, such irderested person wig need a record of the proceedings arM far such purpose may need to ensure a verbatim record of the proceed- ings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk In accordance with the Americans with AD pisabilj Act (A) and Rod - do Statutes 86.26, persons with disabiftes needing special accorr, modation to participate in this pro- ceeding should contact Bonnie Thomas no later than two (2) work- ing Sys prior to the proceeding at 863 783-3372 ,215; if hearing or voice impaired, call TDD 863-534- 7777, or Flonda Relay Services 1- Boo ss5.977o. BONNIE S. THOMAS, CMC, CITY CLERK 296662 - ON 6121102 • • FXHNIT 41- 7/2 AffNvA ORDINANCE NO. 799 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 4.30 acre(s) Holding (H) Zoning District to Residential Single Family -One (RSF-1) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to - wit: Lots 1 to 26, inclusive of Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee, County, Florida SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Residential Single Family - One (RSF-1) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 • SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 2"d day of July, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 161h day of July, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 June 25.2002 - Plannine Board - Paize 3 of 4 AGENDA IV. NEW BUSINESS CONTINUED. B. Rezoning Petition 4 02-004-R. Consider a recommendation to the City Council to rezone the 900 Block of N.W. 5`' and 6`' Streets from Holding (H) to Residential Single Family I (RSFI) (Legal: Lots I through 26 inclusive, Block 99, Okeechobee). The property owner and applicant is Daniel Creech. i ACTION - DISCUSSION - VOTE John Dulmer, City Planning Consultant, described the subject property and gave a brief background of the petition. He explained that the subject property is currently zoned as Holding and cannot be developed if the property remained with the current zoning designation. Mr. Dulmer indicated that Residential Single Family I (RSFI) is an appropriate zoning designation for the subject property. He explained that the property has twenty-six (26) fifty -foot (50') wide lots and that the requirements of the RSFI zoning designation indicate that each lot must have a minimum of seventy-five (75) feet for the width of the lot. Mr. Dulmer further explained that there is an adjacent property to the East zoned Industrial (IND) and recommended that the Board make a condition requiring landscaping as a buffer from the adjoining property to the East. Staff recommends that the Planning Board recommend that the City Council grant the request to change the existing zoning designation of Holding (H) to Residential Single Family I (RSFI), located within the 900 Block of N.W. 5`h and N.W. 6`h Streets. There were was no public comment. There was no discussion from the Board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 02-004-R, requesting to change the existing zoning classification of Holding (H) to Residential Single Family 1 (RSF1) with conditions of a landscape buffer from the adjoining property to the East and create lots with a seventy-five (75) foot width. Board Member Jones seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. f175 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Staff Report Rezoning Request General Information Petition Number: 02-004-R Owner: Daniel B. Creech Owner Address: 406 SW Second Street Okeechobee, Florida 34974 Owner Phone Number: 863-467-4768 Owner Cellular Number: 863-634-2507 Applicant: Daniel B. Creech Petition No. 02-004-R Existing Proposed Property Control Number 3-15-37-35-0010-00990- 0010 Future Land Use Single Family Designation Zoning District Holding Single Family (RSF-1) Acreage Vacant Residential home sites Density 4.30 ac. +/- 4 DU/AC (6 DU/AC for mobile homes) Access 4 DU/AC Yet to be determined Location: The subject property consists of an entire block located directly east of the City storage yard. Legal Description: Lots 1 to 26, inclusive of Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee, County, Florida. Request: The applicant wishes to change the property's zoning from Holding (H) to Residential Single Family One (RSF-1). Adjacent Future Land Use Map classifications and Zoning Districts: I North: Future Land Use Map Classification: Single Family Zoning: Holding Current Use: Vacant East: Future Land Use Map Classification: Industrial Zoning: Industrial Current Use: Vacant Staff Report Rezoning Request South: West: • Applicant: Daniel B. Creech Petition No. 02-004-R Future Land Use Map Classification Zoning: Current Use: Future Land Use Map Classification: Zoning: Current Use: Single Family Residential Single Family (RSF-1) Residential Public Facilities Public City Storage Yard The subject property has been designated Holding on the City Zoning Map. The Single Family Future Land Use designation provides guidance into what is considered appropriate development for the property. The request is consistent with the Single -Family Future Land Use designation and with the Future Land Use designation for property to the north and south. Property to both the east and west is less consistent (east — Industrial (vacant) west — Public (storage yard)). This however, does not change the consistency of the request. The only remaining issue before development will be that the property is platted into 50' wide lots. This is not consistent with any residential zoning district but creating consistent lot sizes in a single family district can be done without losing a large number of lots. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Single -Family Future Land Use designation allows for a maximum density of 4 du/ac. This is lower than that provided by the existing platted lots. Before these lots are developed, action must be taken to conform with this requirement. Density cannot be greater than four units an acre. Lots might have to be combined to meet RS-F1 minimum lot requirements of 10,000 sq. ft. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is single-family dwelling units. This use is specifically authorized under Section 321(1) of the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. The development of single-family homes on the property will not have an adverse effect on the public interest. 2 Staff Report Rezoning Request Applicant: Daniel B. Creech Petition No. 02-004-R 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The location of the proposed use is compatible with adjacent land uses and will not be detrimental to urbanizing land use patterns. The subject property is designated as Single -Family on the Future Land Use Map and consistent with existing development to the south and in the general area. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed development will not adversely affect property values or living conditions of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. Because of the proposed use there will be no required buffering. However, the vacant parcel to the east has Industrial Future Land Use and Zoning. The City may wish to require that buffering against this area be required before development takes place there. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The relatively small size of the development, and the low density at which the owner wishes to build, will cause a small impact on schools and roads that could be expected. Also, other utility providers and public facilities will not be overburdened. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The owner is only allowed to develop the 4.3 acres at a maximum density of 4 du/ac. This would allow for a maximum of 17 home sites. This small number will not increase traffic congestion. There are no known flooding or drainage problems known to exist on the subject property. If any such issues exist, the Building official will evaluate them before a certificate of occupancy is issued. 3 Staff Report Applicant: Daniel B. Creech Rezoning Request Petition No. 02-004-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The only considered restriction proposed by staff is the buffering of the eastern end of the property against possible future industrial development. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There will not be a special privilege granted to the owner if the application is approved. As stated previously, the property has a Single -Family Future Land Use designation and is consistent with surrounding development if buffering is provided. Summary and Conclusions Prior to Certification Staff has recommended approval of the request because it is consistent with the Future Land Use Map. However, the applicant should be informed that the property can not be developed as it has been platted. The lot size is substandard and must be corrected before development can begin. -Landscape Regulations Not applicable to this request. Attachments Attachments to this Staff Report include the Future Land Use indicating the location of the subject property. Submitted by: James G. LaRue, AICP June 17, 2002 4 0 • CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 863-763-3372 FAX: 863-763-1686 Date 5-d - Petition No. 0 d� Jurisdiction: Fee Paid: S (7 Notices Mailed: lst Hearin - Jr" 'U 2nd Hearing: _ _ - 7 - D -7 Uniform Land Use Application /Please attach separate sheets for required additional information) See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information. Ez Name of property owner(s): Daniel B. Creech U Mailing address: 406 SW Second Street Okeechobee, FL 34974 a� Property address: 900 Block Name of applicant, if other than owner (state relationship): Same Dr r w rn n err n n= T L'!= AT nT7 .�L"t111A�: ai �• See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for .required additional information. Future Land Use Map designation: Single Family Current Zoning Classification: Holding Approximate acreage or square feet: 4.30 ac . +/- Part of platted subdivision? Yes Type and gross area of any existing non-residential uses on site: Vacant property _ Number and type (conventional, manufactured home, etc.), gross area of any existing dwelling(s) on site: None Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations, buffers, open spaces, water retention lakes and recreational uses on site: Vacant property W p O Is there a current or recent use of the property that is/was a violation of City Ordinance? ❑ Yes XX No p' If yes, please describe: Have there been any land use applications concerning all or part of this property in the last year? ❑ Yes XX No If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property: North: Vacant East: Vacant South: Residential West: City storage yard Check type of application, complete appropriate sections, and sign reverse side of application. S R 1 t' 98 10.4 "STATEMENT OF USE" for required additional information. ee eso u ton - Proposed ZoninClassification: Residential Single Family - 1 If granted, will the proposed zoning classification be contiguous with a like zone? Ye pWhen development is proposed, see Resolution 98-10:9 "ENVIRONMENTAL ANALYSIS" 10 "PUBLIC FACILITY NW IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information �G (Over) For Special Exception Applications, ask for Section 700 "SPECIAL EXCEPTION USE REGULATIONS" of the City of Okeechobee Unified Land Development Code for required additional information. Describe the intended use requiring a Special Exception: Providespecific LDR ordinance section number and page number: See Resolution 98-10:10 "PUBLIC FACILITY RVIPACT ANALYSIS" for required additional information. Supplementary supporting information: z How the intended use meets the standards in the Unified Land Development Code §253-2: O E- Demonstrate that the proposed location and site is appropriate for the use: a. QDemonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood: Demonstrate any landscaping techniques to visually screen the use from adjacent uses. U a Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public nuisance generated by the use: Demonstrate how utilities and other service requirements of the use can be met: Demonstrate how the impact of traffic generated will be handled off -site and on -site: Describe the Variance sought: Supplemental supporting information: w Demonstrate that the variance is needed to overcome a hardship caused by the unique U physical conditions of the site: Specify the minimum variance requirement including: height, lot area, size of structure, d > size of yard, setback, buffer or open sace: Other - Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision: .� Reasons for requesting appeal of decision: w a a supporting information: —Supplementary 11 CONFIRMATION OF INFORMATION ACCURACY 11 I hereby certify that the information on this application is correct. The information included in this application 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 five hundred dollars (S500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application. Mav 28 2002 Date Rev: 8/00 7l 4, `�� •O U • This Document Prepared By and Return to: CONELY & CONELY, P.A. TOM W. CONELY, III 401 N.W. 6TH STREET P.O. DRAWER 1367 OKEECHOBEE, FL 34973-1367 Parcel IDNumber: 3-15-37-35-0010-00990-0010 Grantee#I TIN: 590-32-2762 Warranty Deed ll;�l 6 I�tGI: I u 4 u tit( Documentary Stamps paid in the amount of $ Class C IntanaiWe Tax paid in the amount s e — °— ShaClerk Of Grout Courtron Robertson, OkeCouart:_N ByaDa te- This2002 whose address is: 406 SW 2nd Street, Okeechobee, FL 34974 or the County of Okeechobee , State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE State of Florida to wit: Lots 1 to 26, inclusive of Block 99, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, of the public records of Okeechobee, County, Florida. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2001. ;.:�I `I:I ; (;� {;E=COku U::;;C:iI:IU�I Ci)l1NT'f, tl 370483 200?M y 2 0 SHAROH RGi:'. f: t_•Ct, CLERK OF CIRCUI1 CUP, and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: P t . (Seal) Printe Name: (<q 1/ (a ('� f ci n r' ALFRE A. ALMONTE, JR. Witnea as to A1T P.O. Address: 5 Deep Dteadow Lane, East Greenwich, RI02 I _ (Seal) Printed (e -:71' FRANCES A. CIANCAGL I Witness as t0 A P.O. Address: 6 Appletown Greenville,Road, 11R102828 \lr,C .t R� (Seal) ANN M. VOCCIO F.O. Address: 8 Tabor Drive, Johnston, RI 02919 STATE OF RHODE ISLAND COUNTY OF KENT The foregoing instrument was acknowledged before me this 16 th day of May , 2002 by ALFRED A. ALMONTE, JR. and FRANCES A. CIANCAGLINI and ANN M. VOCCIO who are personally known to me or who have produced their drivers 1 i e en a as identification. Printed Name: /je .,' Notary Public - My Commission Expo- - ZOFFICIAL SEAL SL JUTRAS NOTARY PUBLIC - RHODE ISLAND Conm Expkes 12262003 :REECH- ALMONTE _ luR --d nv a oi,,i,, 5--. T— 2rA (963) 763 5555 r-.., II WD. i Daniel B. Creech — Property Owner and Applicant Statement of Applicant's Interest in Property I, Daniel B. Creech, am the record title owner of Lots 1 through 26, inclusive of Block 99, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Signat o pp icant Daniel B. Creech Name of Applicant (Printed or Typed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this 28`h day of May, 2002 by Daniel B. Creech, who is personally known to me and who did not take an oath. Notary Public i State of Florid �`�Y'u V1KKI LYNNN MY COMMISSION f DDOTMI EXPIRES: Juee � w V ikki Lynn Aaron ��-a o-aNOTAwv FL N09Wy s«V1- � BMW �"�. • u Daniel B. Creech - Property Owner and Applicant Owner's Statement of Consent to Application I, Daniel B. Creech, being the record title owner of Lots 1 through 26, Inclusive of Block 99, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Holding (H) to Residential Single Family - 1 (RSF-1). C -�J- C Signature bf Owner Daniel B. Creech Name of Owner (Printed or Typed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this 28`d day of May, 2002 by Daniel B. Creech who is personally known to me and who did not take an oath. �►� '4k, VIKKI LYNN AARON Notary Pub is State of Florida !- MY c0 �,N * DD(127 I V ikki Lynn Aaron ';)" W EXPIRES: tune 76.2a11i -8063NOTAAY FL Ngary Service & 6onirq. C Daniel B. Creech — Property Owner and Applicant Legal Description Pertaining to Application Lots 1 through 26, Inclusive of Block 99, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Daniel B. Creech Statement of Special Reasons and Basis for Request The applicant, Daniel B. Creech has recently purchased Lots 1 through 26, Inclusive of Block 99, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida and wishes to develop residential home - sites. In accordance with the City's Unified Land Development Code, a zoning district boundary change will be required. The Official Zoning Map of the City of Okeechobee designates the subject property as a "Holding" classification. The property is located in a future land use classification where single-family residential zoning is most appropriate. There already exist a number of single-family residences in the general area. There should be no adverse impacts to the subject property, to surrounding property or to the community. The requested change in zoning is consistent with the City's Unified Land Development Code and adopted comprehensive plan. Daniel B. Creech respectfully requests that the Planning Board recommend that the City Council approve the request for a zoning district boundary change from the existing classification of Holding (H) to Residential Single Family One (RSF-1). Daniel B. Creech Statement of Intended Use, Nature of Activities and Development of Property Upon approval of the requested zoning district boundary change, single-family residential building sites will be developed. The applicant intends to construct single-family homes and/or to sell lots to meet the needs of his clients. The nature of activities will be consistent with that of other residential development in the area. The development of quality residential homes in the vicinity will likely enhance the area. The development of the property will meet all applicable regulations. The proposed change is consistent with the city regulations and comprehensive plan, is consistent with adjacent and nearby residential uses, and should not be a deterrent to the improvement or development of adjacent property in accord with existing regulations. Daniel B. Creech Statement of Existing Use of Surrounding Property The property under consideration is a parcel of land rectangular in shape that is located at the southwest corner at the intersection of N.W. 9th Avenue and N.W. 6`h Street. The subject property is approximately 4.30 acres in area. The property immediately to the north is vacant. Further north is a residential subdivision. To the northeast is United Telephone of Florida. To the northwest is additional residential development. To the south of the subject property is residential development. To the west of the subject property is the city storage yard and further to the west is more residential development. To the east of the subject property is vacant land and further to the east is the County Jail, County Fire Department and other county offices. The proposed change in zoning to Residential Single Family One is consistent with the comprehensive plan, which classifies this area as Single Family Residential future land use category. • • ®mm�� R r fiM111 HI eYr - - - - - - - El "Ion H1 e Y r Lj H H urn LL)'rl Jlf HI t r M � p7Y 111 NI S Y Y MR. ml eror 11 to JNI I ISr07 "Olf JS 0 1-1 ZH�!O�LN I, P ski Nj -.9 • a Y"g -3� Ml Q -9 61 :11 L 3-3- HIoI liq Ell -1 . r r Fxffffirr 5 - 7/2 Amm RESOLUTION NO. 02-8 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AUTHORIZING THE EXECUTION AND ACCEPTANCE OF A STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR AN EFFECTIVE DATE. : 413552-1-41-1 COUNTY: WHEREAS, the Florida Department of Transportation, hereinafter referred to as the FDOT, proposes to compensate the agencies for maintenance and operation of lighting on the State Highway System, hereinafter referred to as the Project; and WHEREAS, in order for the FDOT to proceed with the Project, it is necessary for the City of Okeechobee, hereinafter referred to as the UAO (Utility Agency Owner), to execute and deliver to the FDOT the agreement identified as the State Highway Lighting, Maintenance and Compensation Agreement, hereinafter referred to as the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE UAO: 1. THAT by Resolution, James E. Kirk, the Mayor for the City of Okeechobee, Florida, is hereby authorized and directed to execute and deliver the Agreement to the FDOT. 2. A certified copy of this Resolution be forwarded to the FDOT along with the executed Agreement. 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2"d day of July. 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney • • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 710-010-30 UTILITIES 05102 Page 1 of 5 THIS AGREEMENT, entered into this day of , year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and CITY OF OKEECHOBEE , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System, and the FDOT is authorized under Sections 334.044, Florida Statutes and 335.055, Florida Statutes to enter into this Agreement; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement, NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: Maintenance of Facilities The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway System within the jurisdictional boundaries of the MAINTAINING AGENCY, hereinafter referred to as the "Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FDOT, but shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof, and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways. b. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities, as may be necessary. All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and, (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. d. For lighting installed as part of an FDOT project, the MAINTAINING AGENCY's obliqation to maintain shall commence upon the MAINTAINING AGENCY's receipt of notification from the FDOT that the FDOT has finally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of FDOT's contractor. e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary negotiation of the amount to be paid as set forth in subparagraph 2b hereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71M10-30 STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES AGREEMENT 05/02 Page 2 of 5 2. Compensation and Payment a. The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 3,638.00 for the fiscal year in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT's fiscal year). b. For each future fiscal year, the FDOT and the MAINTAINING AGENCY shall agree on the amount to be paid prior to the fiscal year beginning. The FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. C. Invoices may be submitted anytime after May 19`hof the fiscal year in which the services were provided, but no later than 180 days after the end of said fiscal year. Payment shall be made in one lump sum as provided in paragraph 4 hereof. d. Payment shall be made in accordance with Section 215.422, Florida Statutes. e. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to the FDOT and in detail sufficient for a proper pre -audit and post -audit thereof. 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records shall be kept in a format approved by the FDOT. Records shall be maintained and made available upon request to the FDOT at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the FDOT upon request. 4. Invoicing Upon receipt, the FDOT has five (5) working days to inspect and approve the goods and services. The FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Banking and Finance. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar shall not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FDOT. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1-800-848-3792. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during suchfiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The FDOT shall require a statement from the Comptroller of the FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. • • 710-01030 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES 05102 AGREEMENT Page 3of5 The FDOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. Pursue any other remedies legally available. C. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14) days after written notice from the FDOT of the non-performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. 6. Indemnification The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, save, and hold harmless, the State, the FDOT, and all of their officers, agents, and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the MAINTAINING AGENCY, its subcontractors, agents, or employees or due to any act or occurrence of omission or commission of the MAINTAINING AGENCY, its subcontractors, agents, or employees. 7. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence, provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. Miscellaneous a. The FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. b. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the FDOT. C. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 71M10.30 STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES 05102 AGREEMENT Page 4 of 4of5 5 Time is of the essence in the performance of all obligations under this Agreement. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: MAINTAINING AGENCY: Mr. Donnie Robertson, Director of Public Works FDOT: Walter L. Childs, Jr., District Utility Administrator Florida Department of Transportation Bartow, Florida 33831-1249 PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. h. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. Nothing herein shall be construed as a waiver of either party's sovereign immunity. 0 0 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-30 STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION UTILITIES AGREEMENT Page 55 ofof 5 5 Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above -named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the Maintaining Agency hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: Q No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document' is attached. O No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Typed Name: (Typed Title: Recommend Approval by the District DATE: BY: (Signature) DATE: (Typed Name: Walter L. Childs, Jr. ) (Typed Title: District Utility Administrator ) FDOT Legal Review BY: (Signature) DATE: District Counsel (Typed Name: ) EXHIBIT 6 - 7/2 AeNvA Bids TABULATION SHEET 2001/2002 Roadway Improvements Better Roads Ranger Construction $ 223,400.00 $ 258,349.60 Posted on June 24, 2002 at 3:15 p.m. To be removed on June27, 2002 at 3:15 p.m. I::�rx 1%' JVLY 2 AGilh OKEECHOBEE CITY POLICE DEPARTMENT INTERDEPARTMENTAL MEMORANDUM Date: June 28, 2002 To: Chief Dennis Wayne Davis Through: Major Tommy Raulerson From: Corporal John Zeigler Subject: 2002 Local Law Enforcement Block Grant Program Sir(s), This memorandum is to formally inform you that our agency has been listed on the 2002 LLEBG Program Eligibility List as one of the eligible jurisdictions for LLEBG Grant Funds. The Fiscal Year 2002 grant award for Okeechobee City is for the amount of $14,174.00. This grant award requires a ten percent (10%) cash match from the eligible jurisdiction as part of the agreement for the grant award. LLEBG Funds cannot exceed 90% of total program costs. A recipient's jurisdiction's local cash match requirement is 1/9 of the federal LLEBG funds expended. All recipients must maintain records that clearly track the source, amount, and timing of all matching contributions. The fiscal year (FY) 2002 LLEBG Application system opened on June 5, 2002 and will close at 5 p.m. e.t. on July 17, 2002. The only method of application is the on-line submission of an electronic application via the Grants management System (GMS). Attached to this memorandum is some information downloaded from the Bureau of Justice Assistance website regarding grant programs. Included in the attached pages are: Recent LLEBG Program Announcements LLEBG Program Requirements FY 2002 LLEBG Application Instructions FY 2002 Eligible Jurisdictions List City Council approval is necessary in order for our agency to apply for this grant funding. If you have any further questions, please do not hesitate to let me know. Respec`t�f illy Submitte , Corp al J Zeigler Grant Programs: Read about a" -of BJA's funding opportunities Page 1 of 1 >1 mom Pi OMAW CENTER > JUSTICE TOMS )► PGBUCATWNS TEEICAmING HNICCAL� TECHNICAL ASSSTANCE MESSAGE FROM : DIRECTOR ABOUT BJA Search BIA Recent LLEBG Program Announcements aO 5/22102 The Fiscal Year 2002 eligibility list has been finalized. Click here to view the eligibility list._FY2002 LLEBG Eligibility List The Fiscal Year 2002 Disparate Certification process has been completed. Click here to view the certified disparate list. FY2002 LLEBG Disparate List 4115/02 The Fiscal Year (FY) 2002 LLEBG Application system opens on June 5, 2002, and will close at 5 p.m. e.t. on July 17, 2002. The only method of application is the online submission of an electronic application via the Grants_Mana ement System_(GMS). Click here to view the FY 2002 LLEBG Application_ Instructions. The State and Local Assistance Division has just implemented a listsery that will be used to send out broadcast messages. Many of the FY 1999 LLEBG grants have ended or will be ending in the next several months. BJA will be contacting all FY 1999 grantees regarding closeouts in the near future. Continue to submit SF-269A forms as necessary. The submission of narrative programmatic progress reports is no longer required under the LLEBG Program. However, you are responsible for providing to BJA information to update the Project Information and Allocation Details you submitted during the Request for Drawdown (RFD) phase. To maintain current and accurate data, use the Grant Changes Tab as necessary to update and revise your jurisdiction's Project Information and Allocation Details. Read the "LLEBG Project Modifications" instructions in the LLEBG Program Requirements section. Return to LLEBG Home. U,S. Department of Justice I Office of Justice Programs Priva Statement and Disclaimers I FOIA http://www.ojp.usdoi-gov/BJA`/"gtdnt/program_annoucements.html 6/28/02 Grant Programs: Read about *f BJA's funding opportunities 0 Pagel of 3 Y WHAT$ NEW Y • ��i �i Search GJA PRODRAM Y GRANTEE RESOURCE LLEBG Program Requirements Y A*TICE TICS )P, PUBUCATK?NS Eligible Recipient: *'TRAINING & To be considered eligible for the LLEBG Program, a jurisdiction must be a general TECHNICAL purpose unit of local government. Units of local government are cities, counties, Indian ASSISTANCE tribes, parishes, towns, townships, villages, Alaska Native villages, and parish sheriffs (in the state of Louisiana) that carry out substantial governmental duties. The unit of YTW DIRECTOR local government must report, via its law enforcement agencies, to the Uniform Crime Y A13OUT WA Reports (UCR) Program of the Federal Bureau of Investigation (FBI). Public Safety Officers' Health Benefits (PSOHB) Provision: Section 615 of the Fiscal Year (FY) 2002 Appropriations Act requires a unit of local government to provide a public safety officer who retires or is separated from duty due to a personal line -of -duty injury suffered as a direct and proximate result of responding to a hot pursuit or an emergency situation with health benefits at the time of separation that are the same as or better than those he or she received while on duty. To be eligible to receive the entire amount of allocation under the LLEBG Program, a unit of local government must be in compliance with this provision. If not in compliance, the unit will forfeit 10 percent of its eligible amount. The LLEBG Internet -based application system provides further information about this provision. Advisory Board: A unit of local government must establish or designate an advisory board to review the proposed use of funds to be received under the LLEBG Program. The board must be designated to make nonbinding recommendations for the proposed use of funds. The advisory board must include a member from each of the following local organizations: law enforcement agency; prosecutor's office; court system; school system; and a nonprofit, educational, religious, or community -based group active in crime prevention or drug -use prevention or treatment. Public Hearing: Each jurisdiction must hold at least one public hearing regarding the proposed use of funds prior to the receipt and obligation of funds. Jurisdictions should encourage public attendance and participation while abiding by their local public hearing policies and procedures. Matching Funds: Each recipient jurisdiction is responsible for satisfying a local cash match. Under the LLEBG Program, a jurisdiction's LLEBG funds may not exceed 90 percent of total program costs. A recipient jurisdiction's local cash match requirement is 1/9 of the federal LLEBG funds expended. All recipients must maintain records that clearly track the source, amount, and timing of all matching contributions. Trust Fund: Each recipient jurisdiction must establish a trust fund in which to deposit LLEBG http://www.ojp.usdoj.gov/BJA/grant/program_requirements.html 6/28/02 Grant Programs: Read about " of BJA's funding opportunities Page 2 of Program funds. The trust fund does not have to be an interest -bearing fund. The trust fund account must include the following four characteristics: 1. The account may earn interest, but any earned interest (on federal funds) must be used for LLEBG Program purposes. 2. The recipient must be able to account for the federal award amount. 3. The recipient must be able to account for the local match amount. 4. The recipient must be able to account for the interest earned, if any. If the above four requirements are met with the jurisdiction's existing system, a separate system does not have to be established. The unit of local government, not the implementing or law enforcement agency, should establish and maintain the trust fund. There is no requirement that state matching funds be deposited in a trust fund account. Likewise, there is no requirement that interest earned on local matching funds be applied toward LLEBG-funded programs. Expenditure Period: All federal funds, including interest earned, revenue, dividend, and local matching funds must be spent within the 24-month expenditure period. Unspent funds must be returned to the Office of Justice Programs (OJP) within 90 days of program termination. Quarterly Financial Reporting Requirement: All LLEBG Program award recipients are required to submit quarterly financial status reports in the format of the SF-269A form (short form). The SF-269A form is a report of quarterly expenditures. Your jurisdiction's SF-269A report form is due within 45 days of the end of each calendar quarter- —even if LLEBG funds have not yet been drawn down or no funds were expended during the quarter. Each recipient jurisdiction must submit an SF-269A financial report on a quarterly basis, beginning with the first quarter of the grant period through the quarter in which all program funds, federal funds, matching funds, and interest earned (if any) are expended. Under the LLEBG Program, all program funds must be expended within a 24-month expenditure period. The recipient jurisdiction must submit a separate quarterly SF-269A report for each fiscal year LLEBG award. Interest income (if earned) must be treated and reported as program income. Interest earned should be reported on the SF-269A report in Box 12D, "Program Income - Other." The quarterly status of the interest earned should be reported in Box 12E, "Expended," and Box 12F, "Unexpended." The required local cash match for the LLEBG Program is identified in the FY's LLEBG Award Special Conditions. The cash match amount must be reported on the quarterly SF-269A report in Box 10B, "Recipient Share of Outlays." The full match amount must be expended by the end of the 24-month expenditure period. The local match requirement is 1/9 of the federal LLEBG award amount. http://www.ojp.usdoj.gov/BJA/grant/program_requirements.html 6/28/02 Grant Programs: Read aboutof BJA's funding opportunities • Page 3 of 3 Upon expenditure of all program funds, a final SF-269A report must be submitted and marked "Final Report" (Box 6). The quarterly SF-269A report is NOT to be used as a request for reimbursement of those expenses reported. For assistance concerning the preparation and submission of quarterly SF-269A financial reports, please call the Office of the Comptroller's Customer Service Line at 1- 800-458-0786 or the OJP Support Services Line at 1-888-549-9901, option #2. Programmatic Progress Reports: The submission of narrative programmatic progress reports is no longer required under the LLEBG Program. However, you are responsible for providing to BJA information to update the Project Information and Allocation Details you submitted during the Request for Drawdown (RFD) phase. To maintain current and accurate data, use the Grant Changes Tab to update and revise your jurisdiction's Project Information and Allocation Details. Read the instructions in the following section, "LLEBG Project Modification(s)." LLEBG Project Modification(s): To update the Project Information and Allocation Details in the Grants Management System (GMS), follow the steps below: • Log in to GMS. Access the appropriate FY's LLEBG award. e Go to the Grant Changes Tab. Update your jurisdiction's LLEBG project information and allocation details. Additional Grant Changes: Within GMS, through the Grant Changes Tab, you may make all revisions to your LLEBG electronic files. The official Application, Award, and RFD are separate one-time submissions. Once this information is submitted, it may not be changed. Through the Grant Changes Tab, you may update information as needed, but it will not replace the original information maintained in the Application, Award, or RFD Tabs. The Grant Changes Tab will always contain the most recent information on record. It will allow you to update the name of your jurisdiction's Chief Executive Officer (CEO), Point -of - Contact information, and Project Information and Allocation Details. Return to LLEBG Home U.S. Department of Justice I _Office of Justice Programs Privacy Statement and Disclaimers I FOIA http://www.ojp.usdoj.gov/BJA/grant/program—requirements.html 6/28/02 Grant Programs: Read about " of BJA's funding opportunities Page 1 of 2 WHAT'S NEW � • � � � �� :.: Search BJA �y )• PtAW Vit Cf CENTER FY 2002 LLEBG Application Instructions > m-ncE Topics _- To apply, submit an electronic application via the Internet -based Grants Manaqement > PUBUCAT[oNS S)LstemAGMS). > � �& ASSISTANCE Read the following instructions and guidance to complete and submit your Fiscal Year (FY) 2002 LLEBG application. For assistance, call the BJA Support Services Line at 1- yMESSAGEfor LLEBG Program - THE DIRECTOMR 888-549-9901. Please listen to the automated menu items and, y ABOUT WA specific matters, select option #4. 1. Only the Chief Executive Officer (i.e., Mayor, City Manager, County Commissioner, et al.) of your jurisdiction (unit of local government), or the Program Point -of -Contact officially designated by the Chief Executive Officer, may apply for funding under the LLEBG Program. Only public officials have the authority to bind the jurisdiction legally to the terms of the LLEBG Program. The Chief Executive Officer may not delegate this responsibility to a nonpublic official or a public official outside his or her jurisdiction. A jurisdiction may use whatever assistance it deems appropriate to gather the information required for the completion of the LLEBG online application and payment acceptance processes; however, it may only delegate a public official within the applicant jurisdiction the responsibility of actually completing the online processes. Any applying jurisdiction that violates these requirements will be subject to formal action, including nullification of the FY 2002 LLEBG application and eligibility for future LLEBG funding cycles. 2. Confirm that your jurisdiction is eligible to apply for FY 2002 funds by locating your jurisdiction's name on the FY 2002 Eligibility_List (coming soon). If your jurisdiction is not listed, then it is not eligible to receive FY 2002 LLEBG funds directly from the Bureau of Justice Assistance (BJA). You should contact your State Administering Agency_ to determine if your jurisdiction is eligible to receive LLEBG funds from your state. 3. First -Time Users of GMS: If your jurisdiction has never applied for an LLEBG award via the online Grants Management System, you must go to the LLEBG GMS Home Page and click on "Create New Account." Follow the instructions to create an LLEBG user name and password for your jurisdiction. 4. For FY 1999, FY 2002, and FY 2001 LLEBG Recipients: Go to the LLEBG GMS Home Page. Use your existing user name and password to log in to the system. Proceed through the application process by following the onscreen instructions. If you do not have your user name and/or password or you have replaced the previous LLEBG GMS user, click on the "Having Login Problem?" button and follow the instructions on the screen. 5. Proceed to the LLEBG online Grants Management System, and log in to the system. Read all of the information on the screen before entering the system. You cannot begin http://www.ojp.usdoj.gov/BJA/grant/application_instructions.html 6/28/02 Grant Programs: Read about ir f BJA's funding opportunities • Page 2 of 2 the FY 2002 LLEBG application until the system opens on June 5, 2002. 6. All users should bookmark (i.e., save as a "favorites") the LLEBG GMS site to allow for more efficient return to the log -in screen. Return to LLEBG Home U.S. Department of Justice I Office of Justice Programs Privacy Statement and Disclaimers I FOIA http://www.ojp.usdoj.gov/BJA/grant/application_instructions.html 6/28/02 LLEBG - FY2002 Eligible Ji-isdictions Page 1 of 6 office of Justice Programs ; M FY2002 Eligible Jurisdictions Those Counties/Parishes that have $0 for their federal award amount have been certified as disparate jurisdictions. Click on this link for more information on the disparate certification process and a list of jurisdictions certifle6ps disparate._ =Ck State Jurisdiction Federal Award Amount Florida Alachua City $13,601 Alachua County $227,928 Altamonte Springs City $34,146 Apopka City $62,780 Arcadia City $25,341 Archer City $10,022 Atlantic Beach City $17,467 Auburndale City $18,827 Aventura City $21,261 Avon Park City $19,972 Baker County $23,910 Bartow City $38,942 Bay County $77,169 Belle Glade City $100,148 Boca Raton City $48,964 Boynton Beach City $141,882 Bradenton City $76,095 Bradford County $28,563 Brevard County $256,132 Broward County $332,299 Cape Coral City $49,251 Casselberry City $35,793 Charlotte County $59,344 Chiefland City $10,380 Citrus County $61,778 Clay County $111,959 Clearwater City $226,424 Qin Ana. Clermont City I' Clewiston City $19,471 http://grants.ojp.usdoj.gov:8003/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 . LLEBG - FY2002 Eligible ,isdictions • Page 2 of 6 Cocoa Beach City $16,894 Cocoa City $63,425 Coconut Creek City $20,831 Collier County $258,351 Columbia County $80,390 Coral Gables City $45,671 Coral Spring City $65,572 Crestview City $19,614 Dale City $22 907 Dania City $55,407 Davie Town $73,089 Daytona Beach City $284,981 De Soto County $40,446 Deerfield Beach City $59,774 Deland City $73,661 Delray Beach City $172,306 Dixie County $15,105 Dunedin City $25,484 Eatonville Town $10,881 Edgewater City $14,818 Escambia County $452,276 Eustis City $17,538 Fernandina Beach City $18,040 Flagler County $23,337 Florida City $51,184 Fort Lauderdale City $418,703 Fort Myers City $244,249 Fort Walton Beach City $22,549 Ft Pierce City $264,794 Gadsden County $33,860 Gainesville City $236,590 Gilchrist County $10,953 Green Cove Springs City $10,094 Greenacres City $33,072 Gulf County $12,384 Gulfport City $23,337 Haines City $21,547 Hallandale City $87 978 Hamilton County $14,174 Hardee County $15,033 Havana Town $11,812 Hendry County $46,888 Hernando County $134,008 http://grants.ojp.usdoj.gov:8003/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 LLEBG - FY2002 Eligible Jurisdictions Page 3 of 6 Hialeah City Highlands County Hillsborough County Holly Hill City Hollywood City Holmes County Homestead City Indian River County Inverness City Jackson County Jacksonville Beach City Jacksonville City Jefferson County Jupiter Town Kenneth City Town Key West City Kissimmee City Lake City Lake County Lake Park Town Lake Wales City Lake Worth City Lakeland City Lantana Town Largo City Lauderdale Lakes City Lauderhill City Lee County Leesburg City Leon County Levy County Live Oak City Longwood City Madison-Glounty Magonia Park Town Manatee County Margate City Marianna City Marion County Martin County Melbourne City Miami Beach City Miami City $433,807 $46,817 $884,652 $25,628 $231,435 $11,096 $179,250 $71,872 $12,671 $46,602 $44,741 $1,776,390 $14,174 $22,907 $11,454 $23,194 $117,543 $39,014 $190,274 $17,252 $29,064 $90,126 $181,326 $19,042 $75,666 $66, 503 $99,432 $236,232 $65,859 $134,008 $64,427 $26,630 $16,751 $15,677 $15, 964 $365,944 $41,448 $10,738 $252,839 $83,826 $175,169 $316,550 $2,031,878 http://grants.ojp.usdoj.gov:8003/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 LLEBG - FY2002 Eligible Juisdictions • Page 4 of 6 Miami Shores City $17,037 Miami Springs City $19829 Miami -Dade County $3,171,087 Milton City $13,100 Miramar City $79,317 Monroe County $88,050 Monticello City $14,675 Mount Dora City $27,560 Naples City $22 764 Nassau County $56,624 New Port Richey City $24,912 New Smyrna Beach City $21,834 North Lauderdale City $40,374 North Miami Beach City $63,639 North Miami City $184,833 Oakland Park City $89,625 Ocala City $145,891 Ocoee City $40,231 Okaloosa County $110,170 bce!poae y: T14,174 Okeechobee County $34,003 Opa-Locka City $125,847 Orange County $1,162,761 Orlando City $876,920 Ormond Beach City $19,758 Osceola County $118,474 Oviedo City $18,541 Pahokee City $13,673 Palatka City $53,832 Palm Bay City $129,713 Palm Beach County $789,014 Palm Beach Gardens City $26,415 Palmetto City $18,755 Panama City $55,908 Panama City Beach City $15,462 Pasco County $248,687 Pembroke Pines City $65,859 Pensacola City $104,944 Perry City $29 779 Pinellas County $272,740 Pinellas Park City $53,188 Plant City $70,225 Plantation City $62,064 http://grants.ojp.usdoj.gov:8063/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 LLEBG - FY2002 Eligible Jurisdictions Page 5 of 6 Polk County $424,501 Pompano Beach City $264,007 Port St Lucie City $48,964 Putnam County $112,317 Quincy City $31,498 Riviera Beach City $136,656 Royal Palm Beach Village $15,248 Safety Harbor City $11,167 Sanford City $124,988 Santa Rosa County $108,094 Sarasota City $145,962 Sarasota County $141,811 Sebring City $42,951 Seminole City $16,823 Seminole County $145,676 South Bay City $14,603 South Daytona City $11,955 South Miami City $28,849 Springfield City $17,538 St Augustine City $32,858 St Cloud City $19,328 St Johns County $103,942 St Lucie County $63,926 St Petersburg City $997,900 Starke City $12,814 State Of Florida $747,420 Stuart City $29,422 Sumter County $37,725 Sunny Isles Beach City $23,838 Sunrise City $75,880 Suwannee County $23,695 Sweetwater City $15,391 Tallahassee City $418,488 Tamarac City $28,491 Tampa City $1,584,470 Tarpon Springs City $41,806 Taylor County $11,812 Temple Terrace City $14,317 Titusville City $83,898 Union County $10,881 Vero Beach City $21,476 Village Of Pinecrest $11,382 Volusia County $244,392 http://grants. of p.usdoj . gov:8003/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 I�LEBG - FY2002 Eligible Jur tions Page 6 of 6 Wakulla County $27,489 Walton County $16,894 Wellington Village $16,751 West Melbourne City $11,024 West Palm Beach City $306,314 Westin City $11,167 V\Aldwood City $12,241 Williston City $10,165 Wilton Manors City $18,827 Winter Garden City $26,272 Winter Haven City $50,253 Winter Park City $38,370 Winter Springs City $16,178 Production Release 1.0.1 http://grants.ojp.usdoj.gov:8003/gms/plsgl/llebg_fy2002_report.eligible_state 6/28/02 0 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: June 25, 2002 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT SYNOPSIS ADMINISTRATION GRIT — There are no new developments with GRIT. To date we still have not received the conclusive documentation that we have requested with regard to the $48,000 invoice we received from Zenith. The issue will come before the City Council before payment is made. Additionally, we have not received any word on the venue decision. 2. PRM/BCBS — The City's insurance provider (PRM) has indicated to all the members in our pool that we can anticipate insurance premiums to go up by as much as 35% this year. We are certainly satisfied with the coverage/service we have received from PRM but you will recall that, as per legal requirement, we gave them our notice of our intent to go out to bid this year. While I do not know if we can obtain the level of coverage provided by PRM at a comparable price, I do feel in light of these projected increases it would be prudent explore the possibilities. Mayor Kirk and Donna Reynolds attended the PRM annual meeting held in Marco Island last week. It is my understanding that the programs dealt with complex issues and were well done and informative. The RFP has gone out for health insurance. It should come before City Council at the July 16"' meeting. The RFP for workman's comp. property, etc. (currently provided by PRM) went out last week. 3. Industrial Park/Sheffield Environmental Services — The EDA and Transportation Grants are in place as are the County and State appropriations. We have lost the reservation on the $600,000 CDBG grant; however, recent conversations with CDBG officials indicate that the fielding could still be available if the project is underway by August. • DEPARTMENT SYNOPSIS ADMINISTRATION CONTINUED The private sector money is still not in place, however, Tim Gates has indicated he will provide the lost $600,000 (if necessary) when his financing is finalized. In our most recent update from CAS, it was indicated that Mr. Gates has been pursing his needed funding and is making headway. The contract for the State appropriation of $300,000, which was approved by the City Council on December 4, has led to progress with the project. We have received the second $100,000 and made all invoiced payments due to date. The DOT has tentatively incorporated much of our intersection plan into their overall job. We have submitted an amended budget and request for a change of scope to OTTED, which would enable us to address NE 91" St. with the remainder of the appropriation funds. Preliminary discussions with OTTED and the Governor's office indicate this is possible, however our timeline for approval is tight. Please keep in mind that this money, unlike the economic development grants, is not tied to the private sector funding or job creation. 4, The City Administrator is in the process of preparing an informational press release and two "Letters to the Editor" related to the Elected vs. Appointed Clerk issue. This information will be strictly informational and non -opinionated. It will be reviewed by the Mayor before release. The information is scheduled to be released in July and August. 5, Robin Brock underwent surgery today, .Tune 25, 2002, and the initial report is that all went well. We expect her back in the office within 6 weeks. CLERK'S OFFICE 1. The new records retention scanning system (Laser Fiche) will be installed in the Clerk's Office on July 10 with training all day July 11. This records system allows the Clerk's Office to scan original documents for retention and disposal purposes as mandated by the State. It also serves as a retrieval system for research on minutes, ordinances, agreements, etc. 2 • DEPARTMENT SYNOPSIS CLERK'S OFFICE CONTINUED 2. Candidate packets are ready for those who plan to file for the next term. You can pre -file any time. Qualifying dates are from Noon, Sept. 23, to Noon Sept. 27, 2002. GENERAL 1. The street project bids were opened on June 241". The request to award SERVICES the contract will come before the City Council on July 2. As anticipated, all the proposed projects can be completed for the amount we had budgeted. FINANCE 1. FY 2000/01 Audit — Hoyman, Dobson and Associates have delivered the draft copy of our audit. There were findings but none were "material". We are discussing remedies and will distribute the finalized audit reports to the City Council as soon as we receive them. ENGINEERING 2. Two revenue areas we continue to watch closely are the one -cent sales surtax and the local government half -cent sales tax. Both areas are behind our budgeted projections. While this could be due to a lag in state refunding (often the case) it could also reflect a slowdown in the economy. We will be keeping an eye on this. On the up side, the new Communication Tax Law seems to be generating more income than anticipated. 3• Budget preparations are underway and we anticipate holding budget workshops in August. As always, City Council members will receive advance copies and the Administrator will schedule individual meetings to go over proposals Oscar Bermudez is involved in the development of the proposed Fire Station renovations and this year's proposed street projects. I have also asked him to take a look at potential plans for the refurbishing of another of the Flagler parks. Oscar also continues to work closely with DOT to see if a reasonable solution can be found to the flooding issues along South Parrott Ave. 3 • � I DEPARTMENT SYNOPSIS ENGINEERING CONTINUED Oscar's probationary period ends on July 2. He has relocated to Okeechobee and his full-time appointment has been approved. PUBLIC WORKS 1. Public Works is working closely with Code Enforcement to bring the City's right-of-ways into compliance. CITY ATTORNEY 2. Ditches in the SW section of town are being cleaned and cleared. This is being done with the intent of improving drainage in the area. 1, Included in the items I have asked Attorney Cook to address are the following: a. Hamerick Trust issue (he and Attorney Cassels intend to procure a research firm to investigate the possibilities) b. Marvin Brantley foreclosure issue. John has been instructed by the Code Board to move forward with foreclosure proceedings. He indicates he intends to file the documents in June. c. GRIT issue. d. Adelphia contract. e. DOT directional signal contract. f. Street cut/right-of-way resolution g. Code enforcement procedures and related issues. h. Extra benefits issue related to police and fire fighters and the issue of who pays for these benefits i. Gaughn & Nairnsey property. j. City/County contractor licensing/control issue k. Mrs. Watson's street closing issue. 1. Disabled vehicle definition/draft in. Issues related to random drug testing (Police Department request) rd DEPARTMENT SYNOPSIS PLANNING 1. At the June 25, 2002 meeting the Board heard a rezone request to change the existing zoning classification of Holding (H) to Residential Single BOARD Familyl (RSF1) (Legal: Lots 1 through 26, inclusive, Block 99, Okeechobee). The property owner and applicant is Daniel B. Creech. The property is located within the 900 Block of N.W. 5th and 6th Streets LAND PLANNING 1. At the June 25, 2002 meeting the Agency heard a Future Land Use Map AGENCY Amendment Application to change the existing classification of Single Family to Multi Family (Legal: Lots 5, 6, 7, and 8, Block 24, Northwest Addition to Okeechobee). The property owner is H.A. Rickards, Jr. The applicant is Triso Gonzalez. The property is located within the 1000 Block of N.W. 41h Street. CODE ENFORCEMENT 1. Chief Tomey underwent neck surgery and be out for an indeterminate period of time. He is recovering well and the surgery went as expected. 5