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2002-11-05 RegularCITY OF OKEECHOBEE NOVEMBER 5, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 1. CALL TO ORDER - Mayor: November 5, 2002, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor John Keith; Pledge of Allegiance led by Mayor Kirk, 111. 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 Secretary Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 15, 2002 Regular Meeting. Mayor Kirk called the November 5, 2002 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Council Member Watford in Pastor Keith's absence;; Mayor Kirk led the pledge of allegiance. Deputy City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Absent Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 15, 2002 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 431 432 NOVEMBER 5,2002 - REGULAR MEETING - PAGE 2 OF 8 11 AGENDA IIII COUNCIL ACTION - DISCUSSION - VOTE 11 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V11. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Mayor Kirk asked whether there were any requestsforthe addition, deferral orwithdrawal of items ontoday's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 807 amendingit I Council Member Watford moved to read by title only proposed Ordinance No. 807 amending the 2002/2003 General the 2002/2003 General Fund Annual Budget - City Attorney (Exhib Fund Annual Budget; seconded by Council Member Oliver. 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. 807 by title only. Attorney Cook read proposed Ordinance No. 807 by title only as follows: "AN ORDINANCE ADOPTING AN AMENDMENT TO ORDINANCE NO. 804 GENERAL FUND ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FORTHE FISCALYEAR BEGINNING OCTOBER 1, 2002AND ENDING SEPTEMBER 30,2003; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $7,671,770.00 AND EXPENDITURES OF $4,435,251.00 LEAVING A FUND BALANCE OF $3,236,519.00; CAPITAL PROJECTS FUND REVENUES OF $468,319.00 AND EXPENDITURES OF $468,000.00 LEAVING A FUND BALANCE OF $319.00; PROVIDING AN EFFECTIVE DATE." 2. a) Mobon to adopt Ordinance No. 807. 111 Council Member Oliver moved to adopt Ordinance No. 807; 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. There was a brief discussion among the Council. Council Member Watford asked for clarification, this was the transfer of funds for the fire station renovations. Administrator Veach responded yes. NOVEMBER 5,2002 - REGULAR MEETING - PAGE 3 OF 8 433 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 V1. 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. 808 amending Council Member Oliver moved to read by title only proposed Ordinance No. 808 amending Section 130 and Section Section 130 and Section 131 of the Land Development Regulations 11� 131 of the Land Development Regulations (LDR's); seconded by Council Member Chandler. (LDR's) - City Attorney (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. 808 by title only. Attorney Cook read proposed Ordinance No. 808 by title only as follows- "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS; SECTION 130 THEREOF, AND PARTICULARLY SECTION 131 (1), DELETING THE ADOPTION OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, AND SUBSTITUTING THE FLORIDA BUILDING CODE AS THE CODE, SCHEDULE AND STANDARDS TO BE ADOPTED BY THE CITY OF OKEECHOBEE, FLORIDA TO REGULATE AND CONTROL DEVELOPMENT WITHIN THE CITY; PURSUANT TO STATE MANDATE; ADOPTING AND CAUSING SAIDCODETO BEINCORPORATED INTOTHE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 808. 111 Council Member Oliver moved to adopt Ordinance No. 808-1 seconded by Council Member Chandler. b) Public Comments. 111 Mayor Kirk asked whether there were any comments or questions from the public. There were none, 434 NOVEMBER 5,2002 - REGULAR MEETING - PAGE 4 OF 8 AGENDA M. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public Comments continued, c) Vote on motion, CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. COUNCIL ACTION - DISCUSSION -VOTE There was a brief discussion among the Council, These are the building codes that were adopted by the State, therefore, each municipality and county has to adoptthem. General Contractors are aware of thechangestothe code. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. A. Discussion regarding a Commercial Revitalization Community At the September 17, 2002 Regular City Council Meeting a Public Hearing was held regarding the Community Development Block Grant (CDBG) for FFY 2003 - Nancy Phillips Development Block Grant Program. The Council instructed City Grant Administrator Nancy Phillips and City Staff to (Exhibit 3). research the possibilities of using this grant for street scape and facade improvements to North Park Street as was completed for South Park Street. Ms. Phillips reported to the Council that a public meeting was held for the business and property owners along North Park Street. To date, only five businesses are interested in participating in the facade renovations. She needed direction from the Council as to whether they wanted to focus on improvements to the Downtown Parks or North Park Street. There was a lengthy discussion between the Council, Staff, Ms. Phillips and Main Street President John Gurney. Council instructed Ms. Phillips to move forward vAth the qrant apollication with street scaDelliahtinci for North Park Street and theAvenues between North and South Park Streets. Facade renovations forthose businesses that want to participate and any renovations to the Parks that can be done. Ms. Phillips was confident that there would be sufficient funds to cover all the specific projects, engineering and grant administration. OCTOBER 15,2002. REGULAR MEETING - PAGE 5 OF 8 435 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vil. NEW BUSINESS CONTINUED. B. Motion to approve an Interlocal Agreement between the City, County and School Board for public school facility planning- City Attorney (Exhibit 4). Council Member Oliver moved to approve an Interlocal Agreement between the City, County and School Board for public school facility planning: seconded by Council Member Watford. There was a brief discussion among the Council, This is a State mandate to create better communication and cooperation between cities, counties and school boards regarding community developments. Administrator Veach advised that Staff will come back for appointments for a City representative to attend an annual meeting and a citizen to serve on an oversight committee. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. 1. a) Motion to read by title only and set November 19, 2002 as a public Council MemberWatford moved to read bytitleonly and setNovember 19, 2002 as a public hearing date for proposed hearing date for proposed Ordinance No. 806 pertaining to Ordinance No. 806 pertaining to amendments to the Elections Chapter of the Code of Ordinances; seconded by amendments to the Elections Chapter of the Code of Ordinances - Council Member Oliver. City Attorney (Exhibit 5). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read by fitle only proposed Ordinance No. 806. Attorney Cook read by title only proposed Ordinance No. 806 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 646, AND SECTION 6-3; SECTION 6-4; SECTION 6-9; AND SECTION 6-10 OF THE CODE OF ORDINANCES THEREOF; PROVIDING FOR TIME PERIODS FOR PROCLAMATION CALLING ELECTIONS FOR GENERAL, SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR CONDUCT OF SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR TIME LIMITS FOR QUALIFYING FOR ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE." 436 NOVEMBER 5,2002 - REGULAR MEETING - PAGE 6 OF 8 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VII. NEW BUSINESS CONTINUED. C. 2. a) Motion to approve the first reading of proposed Ordinance No. 806. Council Member Oliver moved to approve the first reading of proposed Ordinance No, 806; seconded by Council III Member Chandler. b) Discussion. There was a brief discussion. Attorney Cook advised that changing the qualification time period for City Candidates was necessary in order to meet the new requirements for ballot information that is sent to the County Supervisor of Elections. Attorney Cook noted that he will be adding language to Ordinance No. 806, but that it does not change the title therefore a motion to amend would not be necessary. The Council will receive a revised 11 ordinance for the Public Hearling. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. 1. a) Motion to read by title only and set November 19, 2002 as a public Council Member Watford moved to read bytitle only and set November 19, 2002 as a public hearing date for proposed hearing date for proposed Ordinance No. 809 amending the Citizen Ordinance No. 809 amending the Citizen Board Section 155 of the Land Development Regulations (LDR's); seconded Board Section 155 of the Land Development Regulations (LDR's) - by Council Member Chandler. City Attorney (Exhibit 6). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read by title only proposed Ordinance No. Attorney Cook read by title only proposed Ordinance No. 809 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 155THEREOF, WHICH SECTION SETS FORTH POLICYAND PROCEDURE FORTHE COMPOSITION AND METHOD OF APPOINTMENT OF MEMBERS TO CITIZEN BOARDS, AND THE DUTIES THEREOF; PROVIDING FOR THE APPOINTMENT OF NON -VOTING OR ADVISORY MEMBERS AS MAY BE PROSCRIBED FROM TIME TO TIME BY FEDERAL, STATE OR LOCAL LAW; PROVIDING FOR THE TERM AND DUTIES OF SUCH MEMBERS; PROVIDING FOR AN EFFECTIVE DATE." OCTOBER 15,2002 - REGULAR MEETING - PAGE 7 OF 8 437 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED, D. 2. a) Motion to approve the first reading of proposed Ordinance No. 809. Council Member Williams moved to approve the first reading of proposed Ordinance No. 809; seconded by Council Member Oliver. b) Discussion. Attorney Cook advised that this is in conjunction with the Interlocal Agreement that was approved earlier (New Business Item B). c) Vote on motion, VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Discuss the Boat Ramp at Southeast 4" Street - City Administrator Exhibit Seven is a series of correspondences between the City, U.S. Army Corps of Engineers and Florida Fish and (Exhibit 7). Wildlife Conservation Commission. The boat ramp located at Southeast 4" Street and 6t'Avenue was closed by the Fish and Wildlife Commission due to its condition and lack of parking. The Corps reminded the Fish and Wildlife Commission that if they close the boat ramp it is their responsibility to restore the area as a creek bank. The Fish and Wildlife Commission needs to know whatthe City's intentions are regarding the boat ramp since we have advised them that we would be interested in assuming the maintenance of the boat ramp in order to keep it open to the public. City Engineer Bermudez and Public Works Director Robertson have discussed the project. Available grants have been discussed with Dale Miilita. Its estimated that this project could cost up to thirty thousand dollars ($30,000.00). Council Member Watford added that Mr. Steve Nelson had contacted him regarding the status of the boat ramp. Mr. Nelson serves on the Sherif s Search and Rescue and their concern was to have access to Taylor Creek in the City should an emergency arise. Council instructed AdministratorVeach to pursue obtaining atransferof the (Army Consentto) Easement (No. DACW11 7-9-88-19, Okeechobee Waterway), and continue working on this project to get authorily to repair and maintain this boat ramp. Research whether the money could come from the Public Facilities Improvement Fund. 438 NOVEMBER 5,2002 - REGULAR MEETING - PAGE 8 OF 8 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 Vil. NEW BUSINESS CONTINUED. F. Motion to award a vehicle bid for twenty-two new police cars for the Council Member Williams moved to award a vehicle bid to Okeechobee Ford Motor Company in the amount of 2002/2003 Fiscal Year Police Car Leasing Program - City nineteen thousand, six hundred twenty dollars ($19,620.00) per car, for 22 new police cars for the 2002/2003 Fiscal Administrator (Exhibit 8). 1 Year Police Car Leasing Program; seconded by Council Member Chandler. G. Motion to award a Finance Institution Bid for the 2002/2003 Fiscal Year Police Car Leasing Program - City Administrator (Exhibit 9). Vill. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADMSED THAT IF A PERSON DECIDES TO APPEAL. ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE P�OCIEEDING IS MAOE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED ATTEST: James Kirk, Mayor Bonnie S. Thomas, CIVIC, City Clerk VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSTAINED (FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE CLERK'S OFFICE) WILLIAMS - YEA MOTION CARRIED. Council Member Oliver to award a Finance Institution Bid to Kislak National Bank of Orlando for the 2002/2003 Fiscal Year Police Car Leasing Program; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - ABSTAINED (FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE IN THE CLERK'S OFFICE) WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:15 p.m. .or #- 0- PAGE 4 - CITY OF OKEECHUBM--NOVEMBER 6,2002 REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES K-vquier Meetine. 644-Pm 1. CALL TO ORDER - Mayor. -b�LNovember 5.2002, U1W v.-Oullu 11. OPENING CE-REMOMES; invee*0on offered stor**WW4th; >Lk") Pledoe of Alleoiance led bv Mavor. 0 III. MAYOR, COUNCIL AND STAFF ATTENDANGE - LAVY %A0uft--V- Absent Pmsent mayor James E. Kirk V- councii Membtd, Noel A. ehandic', Council Member Robert Oliver I J1 Council Member Dowling K. V400rd r,nj-,nc*i Member Clayton Williams City Attorney John R. Cook City AdministratOr Bill I Vaach City Clerk Bonnie S. Thomas ueputy City CI81-k S. Lane Gamilietea Secretary Adriana Berry IV. MINUTES - City Clerk. A.— C, ----:FMembu 00i moved to di ense with the reading and approve the U1 M01 lar Meeting; seconaea Summary of Council Action for the October 15, 2002 Regu by councli Membet ZU-- VOTE YEA NAY ABSTAIN A55F-N-t KIRK .Oe CHANDLER L/ OLIVER V WATFORD V WILLIAMS L.,- MOTION D::N4ED v,-- Air-r-NDA - MaY r- A. Requests for the addition, deferral or withdrawal ot items on toddy',-, VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor 13,m- AA,a) Council Member 'E�L moved to read by title only proposed ordinance No. t3w amendiny 11 iv 20.02t2003 General Fund Ann, lal Rud et - City Attorney (Exhibit 1); seconded by Council Member P)b b)-- Vote on motion to read by title only. Von YEA NAY ABSTAIN ABSENT, KIRK CHANDLER V PAGE -2---- to read proposed Ordinance No 807 by title only- 'AN ORDINANCE ADOPTING AN AMENDMENT TO ORDINANCE NO. 804 GENERAL -FUND 4kNNUAL BUDGET FOR THE CITY OF OKEECHOBEE—,- FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30,2003; WHICH BUDGET SETS FORTH GENERAL f1M REVENI IFIS OF $7,671.770.00 AND�EXPENDITURES OF ".436.251.00 LEAVING A FUND BALANCE OF $3,236,519.00; CAPITAL PROJECTS FUND -KEE .-Ma�_11 Iff-S i q F,%16v01v%jv_%AOF $468,319.00 AND EXPEND TURES OF $468,000.00 LEA% NG A FUND BALANCE OF $319.00; PROVIDING- AN EFFECTIVE DATE.. 2. a) Council Member - ------- moved to adopt Ordinance No. 807; seconded by Council Member b) Public Comments. -Au"a ogAb ---------- -------- - ----- YEA N"--A8"Aff4-- ASSE T KIRK -----eHANXLx_ff% OLIVER WILLIAMS _._._._---MOTION C-ARRIP --nl;Nllrn 4VYL14� a Ly URCA -A JY� fj-� �- 011ie MA t=A L Kin �Q j f Rv,�- 0014 V 1A)IAq fl�A�� T:7 CkSA� An ynn-� - tin ra 9-- JP -A. n.p--7 afx A. r-,ja A Jb OL st 0 UJYVA n - 0 0 PAGE -6- �... .1111n Council Membe, am,- 11iWV=,1-lu upprove an interlocal-Agreement between the City, County and School Board for public school facility olannina- City i4tul I Itsy (E)WIDIt 4); seconded by Council Member -DW . - vu Uh YEA NAY ABSTAIN ABSENT KIRK "V 1GHANLPL&K OLIVER WA i ruKu VWLLIAMS MOTIOFV��- DENIED - - N - I -- -WrMX+ - V V I 13 C. 1. a) Council Member moved to read by title onlv and set November 19, 2002 as a public hearing date for proposed Ordinance No. 806 Pertainina to amendments to the Flections Chapter of the GedeW OWinances 'City Attorney (Exhibit 5); seconded by Council Member bf----V,,[= uj i i i it/tIul I ju I ttdd by Lihie oniy. VOTE YEA NAY ABSTAIN ABSENT KIRK L/ I CHANDLER\/ OLIVER V W:A=TFORD MOTION (CARRli�)- DENIED C) City Attorney to read by title only proposed Ordinance No. 806. "AN OKLANANGE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE "6. AND SECTION 6-3- SEC330N 6-41- S EC- MUO-N a-- 0 SECTION 6-10 OF THE CODE OF ORDINANCES THEREOF; PROVIDING FOR TIME PERIODS FOR PROGLAMA-TION CALLING ELECTIONS t-011 GENERAL, SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR CONDUCT`W-�bPEGIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR TIME LIMITS FOR QUALIFYING FOR ELECTION; PROVInING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.99 1 2. a) Council Member moved to approve the first reading of proposed OrdinaneeNo.UO b) Discussion. afr)o� iicu�o j -LA-q f LOA U U U -- U rr aAjt 4Z on motion - VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD V WILLIAMS --� MOTION (C:A:RR;IV ~' DENIED D. 1. a C uneol Membbeer::-� rnUved to read by tit a v, ily ca, id *%%I November 19, 2002 as a public hearing date for proposed Ordinance No. 809 amending ine utizen boara tiection 155 of the Land Development Regulations (LDF;Vs) - City Attorriev (Exhibit 61: seconded by-CDuncil Member b) Vote on motion to read by title only. VOTE yl-�-a T KIRK CHANDUER OLIVER WATEORD L,"' - WILLIAMS t,-' MOTION- nEmw City A# mey to read by title only pfopesed Ordinance No. (309. '% I ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE-N U. -1w, LANu VkVV=L0PMENT REGULATIONS, PARTICULARLY SECTION 165 THEREOF. WHICH SECTIONSEIS-FDRTH POLICY AND PROCEDURE FOR THE'COMPOSITION AND METHOD OF APPOINTMENT OF ME-MB-r--RS T- 0- r--'-T-1-7r-!!N BOARDS, AND To lE4XJTIES THEREOF; PROVIDING FOR THE APPOINTMENT OF NON -VOTING OR J%L.FV1%7wF%wMEMl31ER3 AS MAY-BE-r nv*LKjtsru MUM I 1Mt:'I U I IML tJ Y FEDERAL, STATE OR LOCAL LAW; PROVIDING FOR THE TERM AND DUTIES OF SUCH MEMBERS; PROVIDING FOWAN EFFECTIVE DATE.99 2. a) Council Member N3 mo ved to approve the first Aeading of proposed No. 809-; seeended by Council Membou 6) rj1Q1wbbiU[1. av_e I � -i-� , 0 1 MP Ly�o 'U'0 (I V (&009 A'PA. (A-jD,J0AA-1 UJLIrY) In,, 4 4, A A A/1,0 r FP&jm--7Ud c) Vote on motion. VOTE NAY ABST-PdN ABSEN KIRK t%u OLIVER MOTION (A:R:RIE 9 0 PAGE -7- E. Discuss the Boat Ramp at Southeast 4:m Street - City Administrator (Exhibit 7). �a� 9 w / C-4-ruda, E7 C"g -U-LA OA kt-L �WAf Yv-V &P,k�, 00 Wha,4-41AJezj Cyl/j PAGE 41- F. Council Member moved to award a vehicle bid [to F6 +-tn OD. in the amount of iLl fvl'n. fnc22-nsw4xAkm-camJoLlb-200212DO',A-- Fiscal Year Police Car Leasing Pro ram - City Administrator (Exhibit 8); seeo. ided by Getineil Mem r VOTE YfA NAY ABSTAIN ABSENT KIM CHANDLER auvrk WATFORD MOTION 6'a IED �-AR�R DENIED G. Coun ember to award a Finance institution Bid [to 0 , h � - Q , , ha&,NEI), the -2 -0 0-21-20- 0- 2- Fiscal Y-a- or Rp- I EQQ G ar Leasing Program - City Administrator (Exhibit 9); seconded by Council Member vult YLA NAY AtWTAIN AMP-NT KIRK - - - �./ %or, A 4 JLPLMM OLIVER V-1. / V-e*** WATPOItu WILLIAMS MOTION ---DENtED AFFIDAVIT OF PUBLISHER OKEECHOBEE TMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owenswho on oath says that he is publisherof the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PI IPI I(- KInTIrr: Pn:al 10171A in the matter of CITY C01 JNCII MFFTING NOTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 10/31/20 2 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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. J. W. Owens, (Publisher) Sworn to and subscribed before me this 00— day of A.D. 2002 (SEAL) Notary Public �jzy P/' OFRCIAL NOTARY SEAL c� e PosEALEE A BRENNAN 0 COMMISSION NUMBER CC 940770 C;,Po My COMMISSION EXPIRES OF F\. JUNE 25,2004 ffff COUNCIL MWTIING NOTICE . � , — I - &ViN il�i i6 NOTICE IS CitjofOkwhobea GtY *XOca! io� Regular Session on Tua2:;,M0ie1ubar 5,' 2002, at 6-oo pmL at City Hat 55 SE?4A--� Florida. The PA& is to siitc� �" &.copy of die dact City Administration At (863)=7211; t PLEASE TAWN6=154M PH ADVISEDj.6.tk,A,q!d MdClk- to sP- peal any city Corona vn& respect to any matter VC&C11CMD(I at dus m.WW, such interiestakp_ win need it record of the powerSoMp. and f- such pur, Fees JUILY need to ensure 2 valbafint re"'"d of Iii. Proceedings is made. -hkh record i- dodo die ftstinacaiy and evidence, upon wbich the appea is to be basol. Tapes used &F ft soL- purpose of back-up for the� Ckrk% Office. —� 1. accordance with the "..erks i&. _pi,abaities Act (ADA) and Florida. statute 2s6.26, persons . with dissbffifi- rAeft sP0, ew , .. - . �, � . "� :. . to participate in dlis Pro, oceding shmm contact Ronnie Tharrias. w lea then two (2) working *days prior to the proceeding at 863-763-3372 X 2 hearing or voice ffirpsued. cal = smice I-SW9554rnt CIDD) of I-80D-955- 9770 (VOICE) for asSiStanoc. RONNIE S. THOMAS, CltY Clark PUBLISH 10/3141M OKEECHOSEETIMM CITY OF OKEECHOBEE NOVEMBER 5, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 oF 4 I. CALL TO ORDER - Mayor: November 5, 2002, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor John Keith; 0 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 Clerk S. Lane Gamiotea 0 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 15, 2002 Regular Meeting. I V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. NOVEM33ER 5v 2002 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 807 amending the 2002/2003 General Fund Annual Budget - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 807 by title only. 2.a) Motion to adopt Ordinance No. 807. b) Public Comments. C) Vote on motion. B.I.a) Motion to read by title only proposed Ordinance No. 808 amending Section 130 and Section 131 of the Land Development Regulations (LDR's) - City Attorney (Exhibit 2). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 808 by title only. 2.a) Motion to adopt Ordinance No. 808. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING - Mayor. NovEmBER 5, 2002 - CiTy Comm AGENDA - PAGE 3 OF 4 VII. NEW BUSINESS - Mayor. A. Discussion regarding a Commercial Revitalization Community Development Block Grant (CDBG) for FFY 2003 - Nancy Phillips (Exhibit 3). B. Motion to approve an Interlocal Agreement between the City, County and School Board for public school facility planning- City Attorney (Exhibit 4). C. 1.a) Motion to read by title only and set November 19, 2002 as a public hearing date for proposed Ordinance No. 806 pertaining to amendments to the Elections Chapter of the Code of Ordinances - City Attorney (Exhibit 5). b) Vote on motion to read by title only. C) City Attorney to read by title only proposed Ordinance No. 806. 2.a) Motion to approve the first reading of proposed Ordinance No. 806. b) Discussion. C) Vote on motion. D. 1.a) Motion to read by title only and set November 19, 2002 as a public hearing date for proposed Ordinance No. 809 amending the Citizen Board Section 155 of the Land Development Regulations (LDR's) - City Attorney (Exhibit 6). b) Vote on motion to read by title only. C) City Attorney to read by title only proposed Ordinance No. 809. 2.a) Motion to approve the first reading of proposed Ordinance No. 809. Discussion. C) Vote on motion. NOVEMBER 5, 2002 - CITY COUNCIL AGENDA - PAGE 4 OF 4 0 VII. NEW BUSINESS CONTINUED. E. Discuss the Boat Ramp at Southeast 4h Street - City Administrator (Exhibit 7). F. Motion to award a Vehicle Bid for twenty-two new police cars for the 2002 / 2003 Police Car Leasing Program - City Administrator (Exhibit 8). G. Motion to award a Finance Institution Bid for the 2002/2003 Police Car Leasing Program - City Administrator (Exhibit 9). 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. EXHIBIT 1 - NoVEMBER 5 AGENDA ORDINANCE NO. 807 AN ORDINANCE ADOPTING AN AMENDMENT TO ORDINANCE NO. 804 GENERAL FUND ANNUAL BUDGET FOR THE CITY OF OKEECHOBEE, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; WHICH BUDGET SETS FORTH GENERAL FUND REVENUES OF $7,671,770.00 AND EXPENDITURES OF $4,435,251.00 LEAVING A FUND BALANCE OF $3,236,519.00; CAPITAL PROJECTS FUND REVENUES OF $468,319.00 AND EXPENDITURES OF $468,000.00 LEAVING A FUND BALANCE OF $319.00; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: Section 1 The City Council of the City of Okeechobee, Florida, after having held a public hearing on the amended annual budget, including General Fund, Public Facilities Improvement Fund, Debt Service Fund, Law Enforcement Special Fund, Capital Projects Fund and Industrial Development Fund, hereby adopts as its annual budget the expenditures, as fully setforth below, for the City of Okeechobee for the Fiscal Year beginning October 1, 2002 and ending September 30, 2003. GENERALFUND Revenues Fund Balance $3,772,686. Ad Valorem Taxes - 6.6899 Millage 1,323,447. Other Taxes (ins. Prern. Tax, Utility Taxes, Franchise Fees & Occ. Lic. Fee) 1,107,391. Intergovernmental Revenue 857,731. Charges for Current Services 282,835. Fines, Forfeitures and Penalties 29,242. Uses of Money and Property 100,000. Other Revenues 38,438. Operating Transfer -in from Public Facilities 160.000. Total Revenues $7,671,770. Expenditures Legislative $99,569. Executive 125,289. City Clerk 139,407. Financial Services 170,703 Legal Counsel 100,500. General Governmental Services 289,895. Law Enforcement 1,217,891. Fire Protection 987,299. Public Facilities Maintenance 773,748. Operating Transfer -out to Capital Projects Fund 468,000. Operating Transfer -Out to Capital Projects Fund Vehicles 62.950. Total Expenditures $4,435.251. Fund Balance $3,236,619. CAPITAL PROJECTS FUND Revenues Fund Balance $269. Revenues 50. Transfer -in General Fund 468,000. Total Revenues $468,319 Page 1 of 2 0 E Expenditures Improvements -Fire Station Total Expenditure Fund Balance $468,000. $468.000. $ 319. Section 2: That this ordinance was proposed, considered and adopted under the provisions of Chapter 166 and 200.065 Florida Statues. Section 3: This ordinance shall be effective October 1, 2002. INTRODUCED for first reading and public hearing on the 15' day of October, 2002. James E. Kirk Mayor ATTEST: Bonnie S. Thomas, CMC City Clerk ADOPTED after second reading and public hearing on the Vh day of November, 2002. ATTEST: Bonnie S. Thomas, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY John R. Cook City Attorney Page 2 of 2 James E. Kirk Mayor 0 0 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- ment, being a in the matter of C� C- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 0 C_ �_ ')_S 1 3 Z_ 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 afflant 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 )avertisement for publication in the said newspaper. —A, Swo to d subo"d before me this 10 to I NOTICE OF PUBLIC HEARING CITY OF OKEECHOBEE, FLORIDA PLEASETAKE NOTICE that the City Council of the City of Okeechobee, Flodda, will on Tuesday, November 5. 2002 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL to conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance into law: NO. 807: AN ROINANCE ADOPTING AN AMENDMENT TO 'AL FUND 1,770.00 ; OF $4,41 A FUND PROVIDING AN EFFECTIVE DATE. All members of the public are an - to attend and partid a aring. The proposed ra- nance may be inspected in its an Irn by members of the public in th Ifice of the City Clerk during regular business hours, Monde through Friday, 8:00 a.m. - 4:3� p.m. exceV for holida Ms. I PLEME AKE NOTI E AND BE ADVISED that if any person desires to appeal anj decision made by the City Counci with respect to any matter considered at this hearing, such interested person will need a record of the proceedin us, and for such purpose may nee 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 th e sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabil Act eDA) and Ron- da Startutes186.2 , persons with disabilities needing special accom- modation to participate in this pro, ceeding should contact Bonnie Thomas no later than two (2) work- ing dag pdor to the proceeding at (863) 63-3372, extension 215; 0 hearg,3or voi . ce impaired, call TOO �63) 4-7777, or Flonda Relay e E 5 rvice 1-800-9 5-9770. BONNIE S. THOMAS, CMC CITY CLERK 329759-ON 10125102 day of A.D. 20 C5 Notary Public, State of Florida at Large "loy e P Karmen R. Biown 'L& oninlission # CC 902300 Expires Jan 17, 2004 -,,',OF fV Bonded Thru 1. ... W AtIalitic Banding Co., Inc EXHIBIT 2 - NOVEMBER 5 AGENDA ORDINANCE NO. 808 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS; SECTION 130 THEREOF, AND PARTICULARLY SECTION 131 (1), DELETING THE ADOPTION OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, AND SUBSTITUTING THE FLORIDA BUILDING CODE AS THE CODE, SCHEDULE AND STANDARDS TO BE ADOPTED BY THE CITY OF OKEECHOBEE, FLORIDA TO REGULATE AND CONTROL DEVELOPMENT WITHIN THE CITY; PURSUANT TO STATE MANDATE; ADOPTING AND CAUSING SAID CODE TO BE INCORPORATED INTO THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is obligated to adopt uniform codes, standards and regulations that pertain to building and development of property within the City of Okeechobee, Florida; and WHEREAS, the State of Florida has adopted a newer code to govern development, known as the "FLORIDA BUILDING CODE", which State Statute, Chapter thereof, mandates that each governmental entity within the State of Florida adopt said code for use in their respective jurisdiction, and which code adequately protects the public by providing all necessary standards and regulations pertaining to building and development projects; and THEREFORE, be it resolved and adopted by majority vote of the City Council for the City of Okeechobee, Florida, that: 1. This ordinance rescinds Section 131(l) of Ordinance 716, Land Development Regulations, which adopts as a building code for the City of Okeechobee the "Southern Building Code Congress International." 2. That the City of Okeechobee, Florida hereby adopts as a building code within the City the"FLORIDA BUILDING CODE" in its entirety, including but not limited to all codes, maps, standards, and regulations, complete with revisions and appendices from time to time, and incorporates same by reference into Ordinance 716, Land Development Regulations at section 131 (1) thereof, as if fully set out therein. 3. That all fee schedules pertaining to this code shall continue to be set out in, and revised from time to time, in appendix "C" to volume one of the Land Development Code, as originally set forth in Resolution 98-11, and as thereafter amended. 4. That if any portion of this ordinance were to be declared to be unenforceable for any reason, the remainder shall continue to remain in full force and effect. Page 1 of 2 INTRODUCED for first reading and set for public hearing on the 15' day of October, 2002. James E. Kirk Mayor ATTEST - Bonnie S. Thomas, CMC City Clerk ADOPTED after second reading and public hearing on the 5h day of November, 2002. ATTEST: Bonnie S. Thomas, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 James E. Kirk Mayor 0 0 M U- Memorandum 0 To: Land Planning Agency Board Members From: John R. Cook, Board Attorney Subject: LDR Amendment to Codes and Standards Incorporated by Reference Date: September 17, 2002 Please consider the following amendment to the Land Development Regulations (new language is underlined, deleted language is strike throu ). 131 CODES AND STANDARDS INCORPORATED BY REFERENCE The latest edition of the following codes, standards and maps, complete with revisions and appendices, with the exception of fee schedules, are hereby adopted and incorporated into these Regulations by reference: 111 1�; I Jill 111111111 111 1�11111111 flow . " i I a Standard Building Code Florida b Standard Plumbing Code Florida C Standard Mechanical Code Florida d Standffd Gas Code Florida e Standard Housing Code Florida f Standard Unsafe Building Abatement Code Florida 9 Standard Existing Buildings Code Florida h StandaM Swimming Pool Code Florida i Standard Amusement Device Code Florida September 24, 2002 - Land Planning Agency - Page 3 of 4 11 AGENDA IV. NEW BUSINESS CONTINUED. E A. Consider application 02-005-SSA: Thomas P. Evans is the property owner. Sylvester Butler is the applicant, continued. B. Consider amending the Unified Land Development Code (Land Development Regulations - LDR's) specifically section 130, pertaining to the construction design and improvement regulations. 11 ACTION - DISCUSSION - VOTE VOTE CREECH - YEA HOOVER -YEA JONES - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that the Florida Building Code including the revisions and appendices were adopted into the Florida Statues and will replace the current Standard Building Code. He explained that the Agency is not to adopt the code as it was already adopted but to simply change the wording of the LDR's to correspond with the Florida Statues. There was no comment from the public. There was no discussion from the Board. Board Member Ledferd moved to recommend that the City Council approve the request to change the Unified Land Development Code (Land Development Regulations - LDR's) specifically section 130, pertaining to the construction design and improvements regulations. Board Member Hoover seconded the motion. VOTE CREECH - YEA HOOVER -YEA JONES - YEA LEDITERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. 0 0 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- ment, being a in the matter of in the 19th Judicial District of the Circuft 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. d1L S�0- �tsubs4rdw before me this a,2 5� I Public NOTICE OF PUBLIC HEARINO CITY OF OKEECHOBEE, FLORIDA PLEASE TAKE NOTICE thatthe City Council of Me City of Okeechobee, Florida, will on Tuesday, November 5, 2002 at 6:00 p.m, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Okeechobee, FL to conduct a PUBLIC HEARING on and thereafter to consider final reading of the following Ordinance I into law: NO. 808: AN ROINANCE OF THE CITY OF OKFECwnRFr OA 'Cl BE TO DATE. Ail members of the public are en. co a d to aftend and parfic ate in sa, gehearing. The proposed 8rdi. nance ay e nspe ad in its en- b b members of e public in the ce of the I Ole during ular business ho rs, onday through Frid , 8: 00 a. 4:30 p.m., exce %r holidays. PLEASE VAKE NUHUL AND BE ADVISED that if any person desires to appeal an decision made by the City Counci� with respect to any matter considered at this hearing such interested person will need � recor 0 t 0 rocee in s, and for such u ose ay nee to ensure a ver I r cord of e proceed- ings is a , hich cord in- cludes the testi on and evi ence upon hich e a eal is to be based, le pes a for the sole ur ose of acku for official records of I lerk In accordan e ith e A' 'aris with Disabil' I and'l`(on_ da Statutes 6 2 np.rqnnQ —th uj&iumues neecing special accom- rnodation to panicipate in this pro - Deeding should contact Bonnie rhomas no later than two (2) work- ng da prior to the proceedin, at �863)7(s!1-3372, extension 21 � if �ean,n�. or voice impaired, call TOO 34_7777,_0r_FIorjda Relay BONNIE S. THOMAS, CIVIC CITY CLERK 329768-ON 10/25/02 day of A.D. 20 r Notary Public, State of Florida at Largt,,.,pj Karmen R B-cown Commission # CC 902300 'Expires Jan 17,2004 Bonded Thru Sonding Co , Inc. 0 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: Lake Worth, Florida 33467 October 28, 2002 TO: Bill Veach, City Administrator, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist FAX EXHIBIT 3 — NOVEMBER 5 AGENDA 561-432-1524 561-432-6734 SUBJECT: Community Development Block Grant (CDBG) Commercial Revitalization Grant for FFY 2003 On October 24, 2002 a meeting was held in the Council Chambers to discuss the possibility of continuing the fagade improvements to the north side of Park Avenue. Representatives of the Main Street program were present along with several business/building owners. The City is eligible to make application for up to $700,000 for the above noted grant. A program description was provided to those present on the CDBG Commercial Revitalization program. It was explained that each business/building could receive a grant up to $ 15,000 for fagade improvements and to make entrances to the business/building handicap accessible. It was also explained that if the cost to do this exceeds the $15,000 grant amount, the business/building owner would be responsible for the additional cost. A November I't deadline was set for businesses to notify the City if they are interested in participating in this type of program. Also discussed was continuing the streetscaping theme similar to what was done in the past grant. This activity would consist of paver sidewalks and lighting to the north side of Park Avenue. Improvements to the Flagler Park area were also discussed. The representative from Main Street expressed that their organization was supportive of the effort to improve the downtown park areas. At the City Council meeting on November 5t", a final decision as to the activities to be undertaken with the FY 2003 CDBG Commercial Revitalization grant will need to be finalized. The City Council might want to consider preparing a grant application that combines the fagade/handicap accessibility improvements as well as incorporating the remaining CDBG grant funds into development of the Flagler Park area. I will be present at the November 5th meeting to further discuss this funding opportunity. ExHIBIT 4 — NOVEMBER 5 AGENDA INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING This agreement is entered into between the Okeechobee County Commission (hereinafter referred to as "County"), the City Council of the City of Okeechobee (hereinafter referred to as "City"), and the School Board of Okeechobee County (hereinafter referred to as "School Board"). WHEREAS, the County, City and the School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being of the children within their community; and WHEREAS, the County, City, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the School Board and the County Commission and the City Council by placing schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the County Commission and the City Council, (4) better defined urban form by locating and designing schools to serve as community focal points, (5) greater efficiency and convenience by co -locating schools with parks, ballfields, libraries, and other community facilities to take advantage ofjoint use opportunities, and (6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, Sections 163.31777 and 235.193, Florida Statutes, require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the County Commission and the City Council are to be coordinated; and Whereas, the School Board, the County, and the City enter into this agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above; NOW THEREFORE, be it mutually agreed between the School Board of Okeechobee County, the Board of County Commissioners of Okeechobee County and the City Council of Okeechobee that the following procedures will be followed in coordinating land use and public school facilities planning: 0 0 Section 1. Joint Meetinas 1. 1 One or more rc.=-Pn1-q1i=s of the County Commission, the governing body of the Cily. and the School Board will =t annual] injointwxkshup sessions. A representative of the Regional Planning Council will also be invited to attend. The joint workshop session will be an opportunity for the County Commission, the City Council, and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off -site improvements, and joint use opportunities. The School Board shall be responsible for making meeting arrangements and providing notification. Section 2. Student Enrollment and Povulation Proiections 2.1 In fulfillment of their respective planning duties, the County, City, and School Board agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. 2.2 The School Board shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes. The School Board may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the school board will coordinate with the City and County regarding development trends and future population projections. 2.3 The School Board, working with the County and City, will allocate projected student enrollment throughout the district to reflect development trends. Section 3. Coordinating and Shariniz of Information 3.1 Tentative District Educational Facilities Plan: On July 15'h of each year, the School Board shall submit to the 0 0 0 County and the City the tentative district educational facilities plan prior to adoption by the Board. The City and the County shall review the plan and comment to the School Board within 20 days on the consistency of the plan with the local comprehensive plan, whether a comprehensive plan amendment will be necessary for any proposed educational facility, and whether the County Commission and the City Council supports a necessary comprehensive plan amendment. 3.2 Educational Plant Survey: The School Board shall submit a draft of the Educational Plant Survey to the County and the City prior to adoption by the School Board. The County and City will evaluate and make recommendations to the School Board within 20 days regarding the consistency of planned school facilities, including school renovations and closures, with the County Commission and the City Council comprehensive plan. 3.3 Growth and Development Trends: On March lt of each year, County Commission and City Council will provide the School Board with a report on growth and development trends within their jurisdiction. This report win include information on issues that may have an impact on school facilities and student enrollment such as future land use map amendments and rezonings which increase residential densities, and residential building permits issued during the preceding year and their location. Section 4. School Site Selection. Sianificant Renovations. and Potential School Closures 4.1 When the need for a new school is identified in the district educational facilities plan, the Superintendent of Schools will establish a Public Schools Site Review Committee for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure of existing schools. The Committee will consist of the Superintendent of Schools, Assistant Superintendent for Administrative Services, Okeechobee County Schools and Director of Operations, Okeechobee County Schools. Additional members may be added as the Superintendent deems necessary. 4.2 The Public Schools Site Review Committee will develop a list of potential sites in the area(s) of need. The list of potential sites for new schools and the list of schools 0 0 identified in the district educational plan for significant renovation and potential closure will be submitted to the County Commission or the City Council with jurisdiction for an informal assessment regarding consistency with the County Commission or the City Council comprehensive plan. Findings from the informal County Commission or City Council assessment will be submitted to the Superintendent of Schools and the Public Schools Site Review Committee. 4.3 At least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the School Board shall provide written notice to the County Commission and the City Council with jurisdiction over the use of the land. The County Commission or the City Council, upon receipt of this notice, shall notify the School Board within 45 days if the proposed new school site is consistent with the land use categories and policies of the County Commission and the City Council's comprehensive plan. This preliminary notice does not constitute the County Commission or the City Council's determination of consistency pursuant to section 235.193(12), Florida Statutes. 4.4 In conjunction with the preliminary consistency determination described at subsection 4.3 of this agreement, the School Board and affected County Commission and City Council will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as to the timing, location, and the party or parties responsible for constructing, operating and maintaining the required improvements. Section 5. Local PlanninQ Aizencv. Comr)rehensive Plan Amendments. Rezonines. and DeveloiDment At)Drovals 5.1 The County and City will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend or provide comments at those meetings at which the agencies consider comprehensive plan amendments and rezonings that would, if approved, increase residential density on the property that is the subject of the application. The City and 4 0 0 County may at their discretion grant voting status to the school board member. 5.2 The County and the City agree to give the School Board notification of comprehensive plan amendments, rezonings, and development proposals pending before them that may affect student enrollment. Within 30 days after notification by the County Commission and the City Council, the School Board will advise the County Commission and the City Council of the school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned to accommodate the impacts. School capacity will be reported consistent with State Requirements for Educational Facilities. 5.3 If sufficient capacity is not available or planned to serve the development at the time of impact, the School Board will specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, the County Commission and the City Council, and developer will collaborate to find means to ensure sufficient capacity will exist to accommodate the development, such as, developer contributions, project phasing, or developer provided facility improvements. Section 6. Co -location and Shared Use 6.1 Co -location and shared use of facilities are important to both the School Board and the County Commission and. the City Council. The School Board will look for opportunities to co -locate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, co -location and shared use opportunities will be considered by the County Commission and the City Council when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for co -location and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, co -location and shared use of school and governmental facilities for health care and social services will be considered. 5 0 0 6.2 A separate agreement will be developed for each instance of co -location and shared use which addresses legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from co -location and shared use. Section 7. Resolution of Disr)utes 7.1 If the parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes. Section 8. Oversight Process 8.1 The School Board, the County and the City shall appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal agreement. The committee shall appoint a chairperson, meet at least annually, and report to the participating County Commission and the City Council, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. IN WITNESS W11EREOF, this Interlocal Agreement has been executed by and on behalf of Okeechobee County, the City of Okeechobee, and the School Board of Okeechobee County on this day of 2002. ATTEST: India Riedel, Chairperson, Okeechobee County School Board Ciff Betts, Chairperson, Okeechobee County Commission Jim Kirk, Mayor, City of Okeechobee ExHIBIT 5 — NOVEMBER 5 AGENDA ORDINANCE NO. 806 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 646, AND SECTION 6-3; SECTION 6-4; SECTION 6-9; AND SECTION 6-10 OF THE CODE OF ORDINANCES THEREOF; PROVIDING FOR TIME PERIODS FOR PROCLAMATION CALLING ELECTIONS FOR GENERAL, SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR CONDUCT OF SPECIAL ELECTIONS AND REFERENDUMS; PROVIDING FOR TIME LIMITS FOR QUALIFYING FOR ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Okeechobee is obligated by State Law to conform its ordinances pertaining to elector and election issues to existing State Election Law Statutes, which are amended from time to time by the State; and WHEREAS existing City ordinances fail to adequately provide for qualifying periods for candidates forgeneral and special elections, orcircurnstances and proceduresthat may arise when a special election or referendum is necessary; and WHEREAS the City has the authority and obligation to amend certain ordinances in Section 6 of the Code to provide sufficient clarity and information in the ordinance to the citizens to permit adequate notice of, and orderly elections of candidates; THEREFORE it is ordained by the City Council for the City of Okeechobee, Florida after public discussion and majority vote, the certain portions of Section 6, Code of Ordinances, be amended as follows: Section 6-3. Qualifying fees for candidates. All candidates for the office of City Clerk or City Council Member Geune"mart shall pay a qualifying fee of fifty dollars ($50.00) upon qualifying as a candidate for any City election, in addition to anv fees reauired bv State Law under Section 99.092. Florida Statutes. Section 6-4. Proclamation calling election. (a) Before any regular of speeial election, the Mayor shall issue his a proclamation, signed by him or her, and attested by the City Clerk, calling said election at least ningty (90) thifty (30) days prior to the date of the holding of such election, specifying in said proclamation the issues to -be voted upon, of any, and the office or offices to be filled; the cause of the vacancy of such office or offices; and the date of the expiration of the terms of such office or offices. Said proclamation shall be published in a newspaper of cieneral circulation at least twice. once bein-ci in the fifth week. and once beinq in the third week prior to the week in which the reaular election will be held.. published vAthin the Gity at 'east thift (30) days immediately pfief to the date fef holding said eleetion, of may be publish by posting said pfeelametion On three (3) publie plaees an the Gity,,en whieh she!' be at the Gity hall, fef thirty (30) days. If such newspaper is not available, such proclamation shall be posted in no less than five places throuahout the territorial limits of the City of Okeechobee, also at least thirty f 30) days prior to the date of holdinq such election. (b) Before any special election or referendum, the Citv shall provide notice thereof to the Supervisor of Elections. who shall consent to the proposed date for such election. when the reoistration books can be available. Thereupon, the Mayor shall issue a proclamation sioned by him or her, and attested bv the City Clerk, callina said election at least ninetv (90) davS prior to the date of holdinq such election. sDecifvina in the proclamation the specific issues or auestions to be voted upon in the referendum. includinq the wordina of the referendum as it Will appear on the ballot, or the office or offices to be filled. the cause of the vacancy of such office or offices. and the Underlined language is to be added. Gtrieken language is to be deleted. Page I of 3 0 0 date of the expiration of the terms of such office or offices. Such proclamation shall be Published in a newspaper of cieneral circulation at least twice, once beinci in the fifth week. and once beina in the third week prior to the week in which the special election or referendum will be held. If such newspaper is not available. such Proclamation shall be posted in no less than five Places throuahout the territorial limits of the City of Okeechobee, at least thirty (30) days Prior to the date of holdina such election or referendum. (c) Due to Periods of aualifvinq for cieneral elections, and the holdina of such primaries and aeneral elections for reqular Federal. State and Local offices, and the conflict of schedulinci such elections by the Supervisor of Elections, no special election or referendum date shall be set by the City between Auoust 1 and November 15, in any year in which aeneral elections are held.. unless the candidate(s), or referendum issues. can Qualify for office. or be placed on the ballot. within the time frames as reauired by Section 6-10. Code of Ordinances. Sec. 6-10. Time for Qualification. (a) In all reqular municipal elections, whether genera' of sp , all persons who desire to be and become candidates, shall qualify with the City Clerk at any time after Noon on the third Monday in Auoust. but not later than Noon the Friday followinq met niefe than feftyAve (45) days, nor no less then thifty live (35) days, pfief tesueheleeti and upon becoming duly qualified as a candidate, shall be entitled to have his or her name placed on the ballot for such regular election. (b) In special municipal elections. the time for civalification shall be as follows: I If the necessity for a special election should occur in a year in which the State holds a aeneral election and primaries. and the proclamation declarinq the special election is issued by the Mayor within a time frame that would cause such special election to be held on the date of the November General Election. then candidates shall civalifv with the City Clerk within the period set out in Section (a) herein, and upon becominq duly oualified as a candidate. shall be entitled to have his or her name placed on the ballot for such special election. 2. If the necessity for a special election should occur at any other time than as set out above, then all candidates shall aualifv with the City Clerk commencinci at Noon on the first Monday followina the issuance of the proclamation for special election. but not later than Noon the Friday followina. and upon beina duly aualified as a candidate. shall be entitled to have his or her name placed on the ballot for such Special election. INTRODUCED for first reading and public hearing on the 15'hday of October, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CIVIC, City Clerk Underlined language is to be added. GMeken language is to be deleted. Page 2 of 3 0 ADOPTED after second reading and public hearing on the 5"' day of November, 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CIVIC, City Clerk RENAEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Underlined language is to be added. 6triekem language is to be deleted. Page 3 of 3 EXHIBIT 6 - NOVEMBER 5 AGENDA ORDINANCE NO. 809 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 155 THEREOF, WHICH SECTION SETS FORTH POLICY AND PROCEDURE FOR THE COMPOSITION AND METHOD OF APPOINTMENT OF MEMBERS TO CITIZEN BOARDS, AND THE DUTIES THEREOF; PROVIDING FOR THE APPOINTMENT OF NOW VOTING OR ADVISORY MEMBERS AS MAY BE PROSCRIBED FROM TIME TO TIME BY FEDERAL, STATE OR LOCAL LAW; PROVIDING FOR THE TERM AND DUTIES OF SUCH MEMBERS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS Section 155 of the Land Development Regulations in effect in the City of Okeechobee, Florida outline and provide for the appointment, make-up, and duties of the various citizen boards that have been created within the City, and; WHEREAS the present regulations require each member to be a voting member of the board upon which that person sits, and it has come to the attention of the City that from time to time under either Federal, State or Local legislation such statutes, rules or ordinances require persons to be named to boards in an advisory capacity, and to be a non -voting member thereof, and; WHEREAS the City of Okeechobee, Florida wishes to provide for the appointment of such members to come into compliance with such legislation, and it is within the City's authority to do so under Chapter 166, Florida Statutes; THEREFORE, be it adopted and ordained that the City of Okeechobee, Florida, by majority vote of the duly elected City Council thereof, hereby amends ordinance 716, and particularly Section 155 of the Land Development Regulations, in the following respects: THAT Section 155 shall read as follows: 155 CITIZEN BOARDS The following shall apply to all Citizen Boards, including the Planning Board, Board of Adjustment, and any other Board comprised of citizens appointed by the City Council: Qualifications of Members No member or alternate member of a Citizen Board shall be an employee of, or hold any elective position or office in the government of the City. City Council may appoint any or all of the members to serve jointly on the Planning Board and the Board of Adjustment. Members shall be appointed from among persons in a position to represent the public interest, and shall be residents of the City or County. Underlined language is to be added. Struelt thretmjh language is to be deleted. Page 1 of 3 0 0 2 Alternate Members Two alternate members shall be appointed to each Board. Such alternate shall attend all meetings and fully participate in Board discussions and deliberations to the point of voting. Should any permanent member be absent, the chairperson shall declare the alternate to be a voting member for the duration of the meeting. 3 Vacancies Vacancies in any Board membership shall be filled by appointment of the City Council for the unexpired term of the member affected. It shall be the duty of the chairperson of each Board to notify the Mayor within 10 days after a vacancy shall occur among the members or alternate member. 4 Removal Members of a Board may be removed from office by a majority vote of the City Council. 5 Sunset Terms of Board members who are due to retire shall expire on April 30th of each year. 6 Compensation Members of Boards shall receive no salaries for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties, as may be set from time to time by City Council. 7 Advisory Members In addition to reaular members of citizens boards as r)rovided herein. the Citv mav from time to time acceDt onto anv citizen board an advisory member. as mav be required from time to time bv Federal. State or Local leqislation. ordinance or rule. which member shall not be a votina member of such board. The method of such awointment shall be as required bv such Federal, State or Local leoislation. ordinance or rule. and shall be imDlemented bv inter - local aareement between the Citv of Okeechobee. and such other entitv requestinq the aDDointment of an advisory member. which aqreement shall also set forth the term. duties, and obliaations of such non-votina member. The advisory member mav be aDoointed bv the Citv Council. or the entitv requestinq the aDDOintment. as mav be required bv the ledslation. ordinance or rule that mandates or authorizes the aDDOintment. The r)urDose of such non-votina member shall be to serve on the board as an advisory member. who mav Particir)ate in all discussions. offer oDinions or advise. or otherwise reDresent and act on behalf of the entitv which such member reDresents. Such member is not subiect to attendance requirements for citizen's boards. and mav attend as required to fulfill his or her duties as set out in the inter -local aqreement underwhich such t)erson was aDr)ointed. INTRODUCED for first reading and public hearing on the 5"' day of November, 2002. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Underlined language is to be added. GtFuek threugh language is to be deleted. Page 2 of 3 0 0 ADOPTED after second reading and public hearing on the 19 th day of November 2002. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Underlined language is to be added. Struek threu_" la u _pg _age is to be deleted. Page 3 of 3 0 0 MEMORANDUM To: Land Planning Agency Board Members From: John R. Cook, Board Attorney Subject: LDR Amendment to Citizen Boards Section 155 Date: October 8, 2002 Please consider the following amendment to the Land Development Regulations (new language is underlined, deleted language is struek through): 155 CITIZEN BOARDS The following shall apply to all Citizen Boards, including the Planning Board, Board of Adjustment, and any other Board comprised of citizens appointed by the City Council - Qualifications of Members No member or alternate member of a Citizen Board shall be an employee of, or hold any elective position or office in the government of the City. City Council may appoint any or all of the members to serve jointly on the Planning Board and the Board of Adjustment. Members shall be appointed from among persons in a position to represent the public interest, and shall be residents of the City or County. 2 Alternate Members Two alternate members shall be appointed to each Board. Such alternate shall attend all meetings and fully participate in Board discussions and deliberations to the point of voting. Should any permanent member be absent, the chairperson shall declare the alternate to be a voting memberfor the duration of the meeting. 3 Vacancies Vacancies in any Board membership shall be filled by appointment of the City Council for the unexpired term of the member affected. It shall be the duty of the chairperson of each Board to notify the Mayor within 10 days after a vacancy shall occur among the members or alternate member. 0 0 4 Removal Members of a Board may be removed from office by a majority vote of the City Council. 5 Sunset Terms of Board members who are due to retire shall expire on April 30th of each year. 6 Compensation Members of Boards shall receive no salaries for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties, as may be set from time to time by City Council. 7 Advisory Members In addition to reaular members of citizens boards as movided herein, the Citv mav from time to time acceDt onto anv citizen board an advisorv' member. as mav be reauired from time to time bv Federal, State or Local' leaislation. ordinance or rule. which member shall not be a votina member of such board. The method of such ammintment shall be as reauired bv such Federal. State or Local leaislation, ordinance or rule, and shall be imr)lemented bv inter - local aareement between the Citv of Okeechobee. and such other entitv reauestina the aDDOintment of an advisory member. which aareement shall also set forth the term, duties, and obliciations of such non-votina member.' The advisory member mav be armointed bv the Citv Council. or the entitv reauestina the armointment. as mav be reauired bv the leoislation. ordinance or rule that mandates or authorizes the aDDointment. The Durr)ose of such non-votina member shall be to serve on the board as an advisory member. who mav Darticir)ate in all discussions. offer ooinions, or advise, or otherwise represent and act on behalf of the entitv whic h such' member reDresents. Such member is not subiect to attendance reauirements for citizen's boards. and mav attend as reauired to fulfill his or her duties as set out in the inter -local aareement under which such Derson was aDDointed.' CITY OF OKEECHOBEE LAND PLANNING AGENCY OCTOBER 29, 2002 SUMMARY OF AGENCY ACTION 11 AGENDA 1. CALL TO ORDER - Chairperson Land Planning Agency October 29, 2002, 7:15 p.m. 11. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Jerry Walker Vice Chairperson William Ledferd Agency Member Daniel Creech Agency Member Dawn Hoover Agency Member Thomas Keller Agency Member Christopher Mavroides Agency Member Douglas McCoy Alternate Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold III. Minutes - Secretary A. Motion to dispense with the reading and approve the Summary of Agency Action for the September 24, 2002 regular meeting. 0 Page I of 3 ACTION - DISCUSSION - VOTE Chairperson Walker called the October 29, 2002 Land Planning Agency meeting to order at 7:36 p.m. I Board Secretary Arnold called the roll: Present Present Present Present Present Present Present Present Present Present Board Member Hoover moved to dispense with the reading and approve the Summary of Agency Action for the September 25, 2002 regular meeting; seconded by Board Member Ledferd. VOTE CREECH - YEA HOOVER -YEA JONES-YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. AGENDA IV. NEW BUSINESS. A. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's) The proposed will amend sections specifically relating to Section 155, pertaining to Citizen Boards. 0 0 October 29, 2002 - Land Planning Agency - Page 2 of 3 ACTION - DISCUSSION - VOTE Attorney Cook explained that there recently has been an amendment to the Florida Statutes allowing for a non -voting member to be appointed to Citizen Boards, specifically in this case a School Board Member to advise the Board when necessary. This member would attend periodically. It was thought that Attorney Cook is similar to the non -voting member as being kind of an advisory member. Attorney Cook stated that he is in a different category due to the legal aspect he advises the Board on. It was also mentioned that when new developments are proposed it might be nice to have a member of the School Board there to respond as to how it may impact the nearby schools. There was no public comment. There was no further discussion from the Board. Board Member Ledferd moved to recommend to the City Council to approve the Land Development Regulation Amendment to the Citizen Boards Section 155. Board Member Hoover seconded the motion. VOTE CREECH - YEA HOOVER -YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. October 29, 2002 - Land Planning Agency - Page 3 of 3 AGENDA V. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and forsuch purpose mayneed toensure averbatinirecord ofthe proceedings is made, which record includesthe testimony andevidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 ATTEST: Jerry Walker, Chairperson Carolyn Arnold, Secretary 0 ACTION - DISCUSSION - VOTE There being no further items on the agenda, the meeting was adjourned at 7:40 p.m. FLORIDA FISH 26D WILDLIFE CONSER)&TION COMMISSION DAVID K MEEHAN H.A- "HERKY" HUFFMAN JOHN D. ROOD St. Petersburg Deltona Jacksonville EDWIN P. ROBERTS, DC RODNEY BARRETO Is Pensacola Nfiami KENNETH D HADDAD., Executive Director VICTOR J HELLER, Assistant Executive Director October 11, 2002 U.S. Army Corps of Engineers City of Okeechobee Okeechobee County Gentlemen: ExHIBIT 7 — NoVEMBER 5 AGENDA EDWIN J MOYER, Director Division of Freshwater Fisheries (850)488-0331 Fax (850)413-0381 TDD (850)488-9542 On October 10, 2002, our boat ramp inspection at the Fourth Street boat ramp on Taylor Creek (USACOE property) revealed that this ramp was undermined and the concrete was broken, making this ramp unuseable. Due to the limited parking at this site, which was created in 1962, we have decided to close this facility. If there is a need to replace the facility at another location with adequate parking, please contact me at 850-488-5460. Sincerely, oe 0a4t-, Thomas L. Vaughn Boating Access Coordinator cc: Jim Estes Mahmoud Madkour Jim Palmer Don Fox 620 South Meridian Street - Tallahassee - FL * 32399-1600 www.floridaconservation.org 0 0 oF 0 rn City of Okeechobee 1915 Bill L. Veach Office of the City Administrator October 17, 2002 Mr. Thomas L. Vaughn Boating Access Coordinator Florida Fish and Wildlife Conservation Commission 620 S. Meridian St. Tallahassee, FL 32399-1600 Dear Mr. Vaughn; Recently, I received a copy of a letter you wrote to the U.S. Army Corps of Engineers, notifying them that you had decided to close the Fourth Street boat ramp on Taylor Creek in Okeechobee. You indicated that your inspection revealed that the ramp was undermined and that it was being closed due to limited parking at the site. This is the only boat ramp in the City of Okeechobee and its closing is a concern not only for our citizens, but also for the City Council. 1, along with the City's Governmental Affairs representative, Dale Milita, would be very interested in discussing the parameters of this closing and the requirements for reopening the facility. We will gladly meet with you at your Tallahassee office to finiher discuss this matter. Please give me or my Executive Secretary, Robin Brock, a call at your convenience to schedule such a meeting. I look forward to hearing from you. Sincerely, Bill L. Veach City Administrator cc: James Kirk Dale Milita Oscar Bermudez 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 10/29/NO2' 17:27 8504130 0 FISHERIES 0 PAGE @I/e2 FLORIDA �ISH &WILDLIFE CONSERVATION COMMISSION 1 620 SOUTH MERIDIAN STREET ITALLAHASSEE, FLORIDA 32399-1600 PHOt;E # (850) 488-5460 x256 Suncom # 278-5460 1 FAX- (850) 413-0381 E-mail tom. vaughn@FWC, state. fl.us FAX.TRANSMITTAL SHEET DATE: Z— TO: FAX NUMBER:_,s,;;6 ;;9-3 4 F6 NUMBER OF PAGES �NCLLTDING COVER SHEET: FROM:_Z _e-m COMNIENTS: 0/t// A,�� 3 0 AS�4 ,_g Coa� cx�� >�(z PTIMTO"EXCOVE12. 4b 00YARTMEW OF THE ARMY 0 JACKSONVLLE DWWT COWS OF VAHM" P. 0. BOX 4970 JACKWWLLL FLOWA =32-=9 REPLY To October 23, 2002 ATTIGNTION OF Real Estate Z)ivis3.onj Management and DispoT" al Branch Mr. Thomas L. Vaughn Boating Access Coord#�ator Florida Fish & Wildl..'fe Conservatiori Commission 620 South Meridian S reet Tallahassee, Florida�, 32390-1600 Dear mr. Vaughn: Reference is mad to your letter of October 11, 2002, regarding the closure of I - lo&t ramp located at Fcurth Street on Taylor Creek in Okeechobee, Flori*. This boat ramp was authorized by Department of the Army Consent to Easement No. DACW17-9-88-19, Okeechobee Waterway. A COPY is 1�11closed for your ready reference. It is our qnderst�nding that the City of Okeechobee may be interested in takin,; pver the area and replacing the boat ramp. if the City of Okeechobe:0 does decide to take over the boat raznp, it will he necessary to trans:ter the consent issued to your agency to them or grant A new consent. 11f the City of Okeechobee decides not to take over the boat rainp, y ur agency must restore the premises in accordance with condMon 10 of the consent. Please advise thig office az to your agency's intentions in regards to transferri4g the consent. If you have any questions, please telephone Mr. 4arry Wright at 904-232-2537. Sincerely, �B&art c7t� /ivell Chief, Real Estate Division Enclosure 0 0 Page I of I Bill Veach From: "Bill Veach" <bveach@cityofokeechobee com> To: 'Vaughn, Tom" <tom.vaughn@FWC.state.fl.us> Cc: 11c Jim Kirk" <kirkj@ocsb.okee.kl2.fl.us>, "Cook, John" <jcook@cityofokeechobee.com>; "o Oscar Bermudez" <obermudez@cftyofokeechobee.com> Sent: Wednesday, October 30, 2002 10:31 AM Subject: Okeechobee Boat Ramp Mr Vaughn, I received your FAX with the letter from the Corps of Engineers, today. While it is still too soon to give you a definitive answer, the City is definitely considering the possibility of reopening a ramp at the existing site. As you know, our City Engineer, Oscar Bermudez, will review the engineering requirements you are sending to me. At that time, we can prepare cost estimates for the City Council to consider. I do have the matter on the City Council's agenda as a discussion item for their November 5th meeting. I'm not sure we will have cost estimates together by then, as we can't begin that process until we receive your engineering/design requirements. I will keep you updated as the City moves through the decision process, fully realizing that we are up against a tight timeline. I look forward to hearing from. Bill V 10/30/2002 1�1 0 Bids: TABULATION SHEET VEHICLE PROPOSALS FOR 2003 POLICE CARS EXHIBIT 8 NovEMBER 5 AGENDA Okeechobee Motor Company $19,620.00 per car No Bids: Velde Ford Sebring Ford Sunrise Ford 0 0 Bids: Kislak National Bank No Bids: TABULATION SHEET FINANCING PROPOSALS FOR 2003 POLICE CARS Big Lake National Bank Bank One Leasing Nations Bank Leasing Corporation Sun Trust Leasing Corporation EXHEsff 9 NovEmBFuz 5 AGENDA $3,000.00 per car/year CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: October 30, 2002 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ARTNIENT ADMINISTRATION GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. Industrial Park/Sheffield Environmental Services — The EDA ($1.2 million) and Transportation Grants ($1.125 million) are in place as are the County and State appropriations. The EDA has approved our request for an extension on the start dates and completion dates of this project. The new start date is March 17, 2003 and the completion date is September 17, 2004. As yet, there is no change in the status of the private sector funding. We have received written notification that the change of scope request on the remainder of the $300,000 appropriation has been approved. This enables us to address NE, 9'h Street with the remainder of the appropriation ftinds. CAS is nearly ready to move forward with NE, 9th Street construction bidding. Nancy Phillips continues to explore grant possibilities related to Flagler Parks 3- 6 and storefronts along the North side of West Park Street. She will make a presentation to the City Council on November 5 tb . Lydia Jean Williams, working closely with the City Engineer, Director of Public Works and Nancy Phillips, has prepared and submitted a $115,000 FRDAP grant request to refurbish Flagler Park #2. We should have some indication as to whether or not the project will be flinded by Spring. ADMINISTRATION CONTINUED We are in the process of gathering information related to the 4th Street Boat Ramp. I have spoken to Mr. Vaughn ofthe Florida Fish and Wildlife Conservation Commission. His initial early indications are that it is much more feasible, especially in terms of permitting, to repair or improve an existing ramp than to build a new one. However, I've asked John Cook to review the right-of-way and easement issues associated with the old sewer plant lot. In the meantime, Mr. Vaughn has sent me related grant information and will be passing along engineering requirements. I've also spoken to Dale Milita with regard to possible funding sources. It appears that the County must request any grant dollars associated with boat ramps. Since our County has significant boat ramp issues themselves, I will wait until we have all the facts and figures before we approach the County with possibilities. Donnie Robertson and Oscar Bermudez will be putting together cost estimates as soon as we receive the engineering requirements. Parking proposals win be developed as well, as this is the "official" rationale behind the closing. I will keep you posted as we move along. I have discussed with the City Council and Department Heads items for consideration by our Lobbyist and the Okeechobee Delegation. They must be submitted to Representative Machek's office by December 1, 2002. They are: • Taylor Creek Bridge and a connector road • Downtown redevelopment • Continued improvements to US 441 and SR 70 • Funding to address our canal situation • Mosquito abatement issue • Storm drainage • Street lighting • Boat ramp on SE 4th Street OA PUBLIC WORKS Donnie Robertson has returned to work following surgery for prostate cancer. He is on restricted duty, but seems to be doing well. Construction (street) projects are underway and should be completed within a few weeks. Two members of the Public Works staff have passed the necessary training related to spraying for vegetation in and around water (canals). As we have discussed, we feel our spraying effort will compliment the efforts of the Corps of Engineers and help improve the situation around the canals in the City. Donnie Robertson has obtained a quote for the 1' block of SW 12* Avenue guardrail. He has submitted the costs to DOT for approval. You will recall, this is being done at DOT's request (and expense). POLICE The enhanced 911 system is fully operational. This system is state ofthe art and every City Councilman is encouraged to stop in for an inspection. RFP's have gone out for 22 new police cars and the financing required for the procurement. These bids should come before the City Council at the November 5d' meeting. CODE ENFORCEMENT Marvin Brantley's fine was reduced to $7,500 and Attorney Cook has been instructed to work out an agreeable, timely payment schedule. If Mr. Brantley pays the reduced fine, the foreclosure proceedings will be stopped. If not, they will remain in effect. Sammy Hancock will replace Bob Hillery on our Code Enforcement staff. I have met with Chief Torney and Mr. Hancock and shared my views (and recent memo) directing our focus be the pursuit of "blatant" violations and follow-up to complaints. Both agreed that this was the correct approach. 3 ENGINEERING The City Engineer has begun to -firm up commitments from contractors on the fire station renovation project. You will recall, the approved budget of $468,000 includes construction costs of $320,000; cost overruns of $48,000 (15% is the industry norm); other costs including an emergency generator, fin-niture, communication equipment, etc. of $100,000. At the November 5�' meeting, Councilmen will consider final adoption of the budget amendment, which will allow staff to move forward with the project. Lola Park has begun preparation for this year's audit. It is planned that it will be FINANCE completed in a much more timely fashion than last year. Please remember, last year's delay was no fault of City staff nor of our auditing consultants. Upon completion, we plan to present it at a City Council meeting in the Spring. The following are included in the items I have asked Attorney Cook to address. I . Marvin Branley/Code Board recommendations CITY ATTORNEY 2. Hamrick Trust 3. LDR issues such as non -conforming uses, building site elevations and street cut/right-of-way resolution 4. City/County contractor licensing agreement 5. GRIT issues. 6. Adelphia Contract 7. Legal considerations involved in random drug tests for City employees. Code Enforcement related items 8. Sign ordinance drafl 4 0 0 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME Watford, Dowlinq R. Jr. MAILING ADDRESS 701 NE 5th Street COUNTY OkeechQl---- (Xf-=or�hr�I-Nnn DATE ON WHICH VOTE OCCURRED November 5, 2002 NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMM EE City Council THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: XXCITY 0 COUNTY 130THERLoCALAGENCY' NAME OF POLITICAL SUBDIVISION: 0i +-KI rif 01renrnr.'hn1.X3dn MY POS ON IS: WHO MUST FILE FORM 8B XX ELECTIVE 0 APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE I APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Dowling R. Watford, Jr. , hereby disclose that on November 5 20 02 : (a) A measure came or will come before my agency which (check one) — inured to my special private gain or loss; — inured to the special gain or loss of my business associate, — inured to the special gain or loss of my relative, X inured to the special gain or loss of OkpPr'hnI-�PP Mht.nr rnmp,:irjy by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: (New Business Item F.) � j- V- C�Z Date Filed nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 0 0 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME Watford, Dowlinq R. Jr. MAILING ADDRESS 701 NE 5th Street 71TY COUNTY Okeechobee 0kPPr'hnhPi- DATE ON WHICH VOTE OCCURRED November 5, 2002 NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMM E r.i t.v (".niinri 1 THE 130,41RD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 'J31CITY 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: City of Okeechobee MY POSITION IS: XX ELECTIVE 13 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Dowling R. Watford, Jr. , hereby disclose that on November 5 , 20 n9 : (a) A measure came or will come before my agency which (check one) — inured to my special private gain or loss; — inured to the special gain or loss of my business associate, — inured to the special gain or loss of my relative, X inured to the special gain or loss of Okp.p.rhnhpp Mof.nr rnmp;my by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: (New Business Ttem G.) / / - rl - () 4 Date Filed //Signatu4- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i12.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2