2003-01-07 RegularCITY OF OKEECHOBEE
JANUARY 7, 2003 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE I OF 8
1. CALL TO ORDER - Mayor:
January 7, 2003, City Council Regular Meeting, 6:00 p.m. Mayor Kirk called the January 7, 2003 Regular City Council Meeting to order at 6:00 p.m.
11. OPENING CEREMONIES: Invocation offered by Pastor Larry Kilgore; Invocation was offered by Pastor Kilgore of the Okeechobee Church of God;
Pledge of Allegiance led by Mayor Kirk. I Mayor Kirk led the pledge of allegiance.
111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. I City Clerk Thomas called the roll:
Mayor James E. Kirk
Present
Council Member Noel A. Chandler
Present
Council Member Robert Oliver
Present
Council Member Dowling R. Watford, Jr.
Present
Council Member D. Clayton Williams, Jr.
Present
City Attorney John R. Cook
Present
City Administrator Bill L. Veach
Present
City Clerk Bonnie S. Thomas
Present
Deputy Clerk S. Lane Gamiotea
Present
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present Certificate of Retirement to City Clerk Bonnie S. Thomas. Mayor Kirk read the following Certificate of Retirement and presented it to Clerk Thomas: "Office of the Mayor,
Okeechobee, Florida, presented to Bonnie S. Thomas, CMC, in recogriftion of her valuable service to the Clity.
of Okeechobee and fts residents as the City Clerk for twenty-four years January 1, 1979 to January 7, 2003."
Clerk Thomas thanked the Mayor and Council stated she had enjoyed her tenure at the City and then addressed Lane
Gamiotea, City Clerk Elect, by reading the Code of a Municipal Clerk. "Your duties will be, to uphold constitutional
government and the laws of the community. To so conduct your public and private life as to be an example to your
fellow citizens. To impart to your profession those standards of quality and integrity that the conduct of the affairs of
the office shall be above reproach. To be ever mindful of your neutrality and impartiality, rendering service to all. To
record that which is true and preserve that which is entrusted to you as if it were your own. To strive constantly to
improve the administration of the affairs of your office consistent with applicable law." Mayor Kirk congratulated Mrs.
Thomas on her retirement and thanked her for all the years of dedicated services she has provided to the Ci , ty.
JANUARY 7,2003 - REGULAR MEETING - PAGE 2 OF 8
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
B. Present "Key to the City" to City Council Member Bob Oliver
C. Present Certificate of Appreciation to Code Enforcement Board
Member Linda Ballinger.
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the December 3, 2002 Regular Meeting.
V1. WARRANT REGISTER - City Administrator.
A. Motion to approve the October 2002 Law Enforcement Special Fund
and the November 2002 Warrant Register:
General Fund ................................. $192,840.54
Public Facilities Improvement Fund ................ $29,641.67
Capital Projects Building Fund ........................ $59.53
Law Enforcement Special Fund ...................... $169.46
Law Enforcement Special Fund for October 2002 ...... $1,150.00
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk presented a "Key to the City Plaque" to Council Member Bob Oliver in recognition of his eight years of
service as an elected official. Mr. Oliver commented that he had enjoyed being a part of the Council, they had
accomplished many projects during his tenure and thanked everyone for the plaque.
Ms. Linda Ballinger received a Certificate of Appreciation from the Council for her years of service on the Code
Enforcement Board. Mayor Kirk read the certificate in its entirety as follows: "Office of the Mayor, Okeechobee,
Florida, extends this expression of appreciation to Linda Ballinger in recognition of her outstanding service
to the communky, the Ciity and your fellow ciltizens have benefitted greatly byyour unselfish dedication in the
performance of yourduties as a Code Enforcement Board Member, April 30,1990 through December 10, 2002,
given on behalf of the Cky Council this 7th day of January 2003."
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
December 3, 2002 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to approve the October 2002 Law Enforcement Special Fund and the November 2002
Warrant Register amounts General Fund one hundred ninety-two thousand, eight hundred forty dollars and fifty-four
cents ($192,840.54), Public Facilities Improvement Fund twenty-nine thousand, six hundred f6rty-one dollars and sixty-
seven cents ($29,641.67), Capital Projects Building Fund fifty-nine dollars and fifty-three cents ($59.53), Law
Enforcement Special Fund one hundred sixty-nine dollars and forty-six cents ($169.46) and Law Enforcement Special
Fund for October 2002 one thousand, one hundred fifty dollars ($1,150.00); seconded by Council Member Oliver.
There was no discussion on this item.
JANUARY 7,2003 - REGULAR MEETING - PAGE 3 OF 8 459
V1. WARRANT REGISTER CONTINUED.
A. Motion to approve the October 2002 Law Enforcement Special Fund VOTE
and the November 2002 Warrant Register continued. KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
I MOTION CARRIED.
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whetherthere were any requests forthe addition, deferral orwithdrawal of items on today's agenda.
agenda. I New Business Item "I" was added to discuss Adelphia Cable. New Business item "H" was withdrawn from the agenda.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:12 P.M.
A. 1. a) Motion to read by title only proposed Ordinance No. 811 amending Council Member Watford moved to read by title only proposed Ordinance No. 811 amending the zoning map
the zoning map designation from Residential Multiply Family (RMF) designation from Residential Multiply Family (RMF) to Commercial Professional Office (CPO), Visiting Nurses
to Commercial Professional Office (CPO), Visiting Nurses Association, Application No. 02-005-R; seconded by Council Member Williams.
Association, Application No. 02-005-R - City Planning Consultant
(Exhibft 1), 1
b) Vote on motion to read by title only, VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
I MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 811 by title only. City Attorney to read proposed Ordinance No. 811 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF
LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING
DISTRICTTO COMMERCIAL PROFESSIONAL OFFICE (CPO)ZONING DISTRICT, AMENDING THEZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
460 JANUARY 7,2003 - REGULAR MEETING - PAGE 4 OF 8
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2. a) Motion to adopt Ordinance No. 811 (Planning Board recommends Council Member Oliver moved to adopt Ordinance No, 811; seconded by Council Member Chandler.
approval). I
b) Public Comments. I Mayor Kirk asked whether there were any comments or questions from the public. There were none.
City Planning Consultant, Don Murray addressed the Council briefly regarding the proposed rezoning. This ordinance
pertains to Rezoning Application No. 02-005-R submitted by the Visiting Nurses Association who is also the property
owner. The request is to amend the zoning designation from Residential Multiple Family to Commercial, Professional,
Office. The property is at Southeast 31 Avenue and 2 n, Street. The property is approximately 0.27 acres with an
existing non -conforming commercial business.
Planning Staff s reportconcludes that the request is consistentwith the Comprehensive Plan. The proposed use, which
is a photo studio, is a permitted use for the CPO designation. It would not have an adverse effect on public interest,
it is appropriate for the location proposed, and is reasonably compatible with adjacent land uses. It is not contrary or
detrimental to urbanizing land use patterns, will not adversely affect property values or living conditions, or be a
deterrent to the improvement or development of adjacent property. If the required yard setbacks were met, the
proposed use could be suitably buffered from surrounding uses. It will not overburden schools, streets, utility services
or other public facilities, nor does it create traffic congestion, flooding or drainage problems, or otherwise affect public
safety. Any proposed use would be required to meet the conditions of City Code Section 754 (2) requiring any structure
on the site to be brought into compliance with all current Code requirements. The proposed rezoning would not grant
a special privilege to the owner. Based on these findings, Planning Staff recommends approval. The Planning Board
met and discussed the application on November 26, 2002 and unanimously recommended approval.
c) Vote on Motion. VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M.
JANUARY 7,2003 - REGULAR MEETING - PAGE 5 OF 8 461
I AGENDA N COUNCIL ACTION - DISCUSSION - VOTE I
IX. NEW BUSINESS.
F-11
b)
C .
Swearing in of newly elected officials by Judge Shirley Brennan.
Council Members Noel Chandler, Lowry Markham, Dowling
R. Watford, Jr. and City Clerk Lane Gamiotea.
Election of Mayor.
Two-year appointments of Council Members to serve as City
Liaisons to various Boards.
County Judge Shirley Brennan administered the oath of Office to the newly elected Council Members Noel Chandler,
Lowry Markham, Dowling R. Watford, Jr. and newly elected City Clerk Lane Gamiotea, terms beginning January 7,
2003 and ending January 2, 2007, by which each elected official stated in their oath to support, protect and defend the
Constitution and Government of the United States and of the State of Florida, that they are duly qualified to hold office
under the Constitution of the State and that they will well and faithfully perform the duties of Council Member/City Clerk
on which they are about to enter. Certificates of Elected Officials were also distributed to each.
Mr. Kirk opened the floor for nominations of Mayor.
Council Member Watford moved to appoint James E. Kirk to serve as Mayor for the City of Okeechobee, term
beginning January 7, 2003 and ending January 4, 2005; seconded by Council Member Markham. There was no
discussion on this item.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM-YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Members will serve as City Liaisons to the following boards for two years:
Central Florida Regional Planning Council (1 member, Kirk Council Member Williams was appointed to serve on the Central Florida Regional Planning Council.
currently serves). I
2. Tourist Development Council (2 members, Chandler and Council Members Chandler and Markham were appointed to serve on the Tourist Development Council.
Williams currently serve). I
Okeechobee Development Authority (11 member, Watford Council Member Watford was appointed to serve on the Okeechobee Development Authority.
currently serves). I
462
JANUARY 7,2003 - REGULAR MEETING - PAGE 6 OF 8
IX NEW BUSINESS CONTINUED.
C.
Fol
Two-year appointments of Council Members to serve as City
Liaisons to various Boards continued
4.
5.
Juvenile Justice Council (I member, Kirk currently serves)
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk was appointed to serve on the Juvenile Justice Council.
Treasure Coast Council of Local Governments (1 member, Council Member Watford was appointed to serve on the Treasure Coast Council of Local Governments Board.
Oliver currently serves). I
Okeechobee County Health and Healthy Start Coalition (1 Council Member Markham was appointed to serve on the Okeechobee County Health and Healthy Start Coalition.
member, Williams currently serves). I
Mayor Kirk noted one additional board that was not listed. The Work Force Development Regional Board. Mayor Kirk
was appointed to serve on this board.
Update on status of the Industrial Park and related discussion - Dale The City's Commerce Center (or Industrial Park) is a project in the Northeast section of the City. The project has
Milita, Grant Specialist. proved to be very challenging for the City. Staff, along with help of consultants, have been working diligently to keep
the project alive. The support of the project was presented at the December 19, 2002 Legislative Delegation and they
have pledged support for it, most particularly Senator Pruitt and Representative Attkinsson. Grant Specialist Milita
reported that the most recent item was to apply for a $300,000 infrastructure grant, which the City has done. Mr, Gene
Schriner's company Craig A. Smith has committed to work on the project and invoice the City as monies are available.
However, City Staff and consultants are now under a very tight deadline, to have some type of vertical construction
by March 17, 2003 in order to keep the EDA funding. Mr. Milita stated that he and Mr. Schriner are committed to this
project, Nancy Phillips is onboard with the City and they will do all that is necessary to assist the City in making the
project come to fruition.
Discussion ensued between Mr. Milita, Mr. Schriner and Council. The project will be broke down into phases in order
to get the construction underway by the deadline. Permitting will be necessary by South Florida Water Management.
A deadline will be given to the private sector to obtain their funding. If they cannot, the City will move on with another
company to lease/purchase the property. The Council thanked Mr. Milita and Mr. Schriner for their work and dedication
to the City. The consensus of the Council was to move forward with the project.
JANUARY 7,2003 - REGULAR MEETING - PAGE 7 OF 8 463
ACTION - DISCUSSION - VOTE
IX. NEW BUSINESS CONTINUED.
E. Motion to change Frank Irby from Alternate Member status to
Council Member Williams moved to change Frank Irby from Alternate Member status to Regular Member Status for
Regular Member Status for the Code Enforcement Board, term
the Code Enforcement Board, term beginning January 8, 2003 and ending April 30, 2003 (term left vacant by Linda
beginning January 8, 2003 and ending April 30, 2003 (term left
Ballinger); seconded by Council Member Markham. There was a brief discussion on this item.
vacant by Linda Ballinger) - Keith Tomey, Code Enforcement
Officer,
VOTE
KIRK - YEA
I
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
F. Motion to approve a Consent to Easement Agreement between the Council Member Watford moved to approve a Consent to Easement Agreement between the City and the U.S. Army
City and the U.S. Army corps of Engineers - City Administrator Corps of Engineers; seconded by Council Member Markham.
(Exhibilt 2).
There was a brief discussion on this item. Council Member Markham questioned whether item fifteen needed to be
clarified. No amendment was made to the agreement. Attorney Cook was satisfied with the language.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
G. Discussion regarding noise abatement - Noel Chandler (Exhibit 3). Council Member Chandler advised the Council of an issue within the City regarding noise from various events/festivals
during the year that abut residential areas. Presented in Exhibit Three were copies of pages from the Code of
Ordinances, Chapter 11, Article I I regarding noise. Council agreed with Mr. Chandler's recommendation. Afforne
Cook was instructed to draft an ordinance amending Code Book Chapter 11, Article 11, authorizing the police
department to handle noise complaints as appropriate. The draft is to be brought back to the Council for
further discussion.
464
JANUARY 7,2003 - REGULAR MEETING - PAGE 8 OF 8
0 AGENDA I COUNCIL ACTION - DISCUSSION - VOTE I
IX NEW BUSINESS CONTINUED.
H. Discuss the Marvin Brantley Nuisance Abatement Lawsuit - City
Attorney.
ITEM ADDED TO THE AGENDA:
1. Discuss Adelphia Cable Company - Council Member Williams
X. ADJOURN MEETING -Mayor.
PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ATTEST:. James E. Kirk, Mayor
Lane 6amiotea," C C lerk
This item was withdrawn from the agenda as requested by Attorney Cook.
Council Member Williams again expressed hisfrustration with the local cable company, Adelphia. The Council recently
received notification that they are raising rates again. He also referred to an editorial recently in the Palm Beach Post
concerning the company. He requested thatthe Administrator notifythem, again, thatthe Council is not pleased
with the services fts residents are receiving nor are we pleased vvith another rate increase.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:21 p.m.
ATI'iDAVII UP
OKEECHOBEE TIMES
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.
Owens whoon oath says that he is publisher of the Okeechobee Times,
a newspaper published weekly at Okeechobee in Okeechobee, Florida:
that the attached copy of advertisement,
being a PURI IC N01ICL PQ 1" 12Z5
in the matter of CITY COHNCII MEETING NOTICE
CITY OF OKEECHOBEE
55 SE THIRD AVENI 1E
OKEECHOBEE, FL 34974-2932
941-763-3372
In the Court,
was published in said newspaper in the issues of 01/02/2003
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.
W. Owens, (Publisher)
Sworn to and subscribed before me
this— A'-4k day of
A.D. 2003
(SEAL) Notary Publi
P& OFRCIAL NOTARY SEAL
ROSEALEE A BRENNAN
0
COMMISSION NUMBER
CC 940770
6' MY COMM ISSION EXPIRES
OF f" JUNE 25,2004
aff cotwcm UMT=
Cky atowam*" CIW Co -A *3 -d in
Qdff Seujw 6a TueWW, JowKy 7. 200%
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Okwh&,, P,-d& MW P*&c is kN'ted No
amumSed to &den& FCC I OOPY Of6O 49Cn&
.dd City Admini-1-4- a I 1 (863) 70-1372
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PLEASE TAXI� NOTICE AND BE
ADVISED &d if ony p— daims to W
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CITY OF OKEECHOBEE - JANUARY 7,2003 -
REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES
CALL TO ORDER - Mayor:
11. OPENING CEREMONIES: Invocation offered b Pastor��i"tal
Pledge of Alleaiance led by Mayor.
Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Present Absent
Mayor James E. Kirk
Council Member Noel A, Chandler
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
COUncil Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy City Clerk S. Lane Gamiotea
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present Certificate of Retirement to City Clerk Bonnie S, Thomas.
SIX
B. Present Key to the City to City Council Member Bob Oliver
M. MOO � I
r-11111
C. Present Certificate of Appreciation to Code Enforcement Board Member Linda Ballinger.
1 .470 SA
PAGE -1 -
V. MINUTES - City Clerk.
A. Council Member moved to dispense with the reading and approve the Summary of
Council Action for the December 3, 2002 Regular Meeting: seconded by Council Member
Q VOTE YEA NAY ABSTAIN ABSENT
KIRK
'CHANDLER
OLIVER
WATFORD
WILLIAMS
MOTION DENIED
PAGE -2-
VI. WARRANT REGISTER - City Administrator.
A. Council Member _E�a_ moved to approve the October 2002 Law Enforcement Special Fund
and the November 2002 Warrant Register amounts General Fund one hundred ninety-two
thousand, eight hundred forty dollars and fifty-four cents ($192,840.54), Public Facilities
improvement FuN-twenty-nine thousand, six hundred forty-one dollars and six �-_ �s
($29,641.67), Capital Projects Building Fund fifty-nine dollars and fifty-three cents0""53),1:vw
Enforcement Special Fund one hundred sixty-nine dollars and forty-six cents ($169.46) and Law
V;ufa�_ament W���__Dcfnharj=zaeihoiisan.d, one hundred fifty dollars ($1,150.00);
T7 TT I VT e - d - b - y Council Member
00010
VUE
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
YVATFORD
rILWS
MOTIOX'�611RIED_,-' DENIED
V11. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
JL
i'�� (Jr
4
VIII. OPEN %WLIfC HEARINQ FOR ORDINANCE ADOPTION - Mayor p.m.
A.I.a) Council Member moved to read by title only proposed Ordinance No. 811 amending the
zoning map designation from Residential Multiply Family (RMF) to Commercial Professional Office
(CPO), Visiting Nurses Association, Application No. 02-005-R - City Planning Consultant (Exhibit
1); seconded by Council Member �i (�,:
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
MOTION CPARRIED '�, DENIED
C) City Attorney to read proposed Ordinance No. 811 by title only. "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PAR71CULARLY DESCRIBED HEREIN,
FRW,f
— �E"Al_ MULTIPLE FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL
PR SSICINAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP
I
AC I ZDINGLY
a _,PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE."
2. a) Council Member 1�) L moved to adopt Ordinance No. 811 (Planning Board recommends
approval); seconded by Council Member I i C1_ / .
b) Public Comments.
r)
4
�_k
th'�Jc t)C.
Vote on motion.
YDM yFA MAY WSTAIN ABSEN
KIRK
CHANDLER
OLIVER
WATFORD
PAGE -3-
MOTIOd�C�ARRIED�- DENIED
CLOSE PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor P.M.
Ix. NEW BUSINESS - Mayor.
A. Swearing in of newly elected officials by Judge Shirley Brennan.
1 Council Members Noel Chandler, Lowry Markham, Dowling R. Watford, Jr. and City Clerk Lane
611 Gamiotea.
B. Election of Mayor.
C. Two-year appointments of Council Members to serve as City Liaisons to various Boards.
1. Central Florida Regional Planning Council (I member, Kirk currently serves).
ivt �tl;
2. Tourist Development Council (2 membem" ', Chandler and4A#ivms currently serve).
3. Okeechobee Development Authority (I membe "'X-aitlo-rdicurrently serves).
4. Juvenile Justice Council (1 membE�, lkirkcurrently serves).
5. Treasure Coast Council of Local Governments (11 member, %,w currently serves).
6. Okeechobee County Health and Healthy Start Coalition (1 member, WW*m currently serves).
U N k:_(
C,
4
PAGE -4-
D. Update on status of the Industrial Park and related discussion - Dale Milita, Grant Specialist.
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PAGE -6-
nge Frank Irby from Alternate Member status to Regular
E. Council Member 1\ moved to cha � and ending April
- beginning January 8, 2001�
Member Status for the Code Enforcement Board, term Code Enforcement Officer..-
30, 2003 (term left vacant aby Linda Ballinger) - Keith Tomey
VOTE YEA NAY ABST IN ABSENT
KIRK
CHANDLER
%WE
WATFORD
WILLIAMS
MO�IOW-�-C�AR�PMJE� - DENIED
F. CouncilMember moved to approve a Consent to Easement Agreement between the
City and the U.S. kmy corps of Engineers - City Administrator (Exhibit 2L—L-fG—
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
Gkf&ft
WATFORD
WILLIAMS
M&ION (CARRIED) - DENIED
A
4
L
r
Iv t
V
14
PAGE -6-
G. Discussion regarding noise abatement - Noel Chandler (Exhibit 3).
J,
( A-�-G J
kt
N- h
c, Cie
PAGE -7-
H. Discuss the Marvin Brantley Nuisance Abatement Lawsuit - City Attorney.
J
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I.
ii.
IV.
CITY OF OKEECHOBEE
JANUARY 7, 2003 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 oF 4
CALL TO ORDER - Mayor: January 7, 2003, City Council Regular Meeting, 6:00 p.m.
OPENING CEREMONIES: Invocation offered by Pastor Larry Kilgore;
Pledge of Allegiance led by Mayor.
MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Present Certificate of Retirement to City Clerk Bonnie Thomas.
B. Present Key to the City to City Councilman Bob Oliver.
C. Present Certificate of Appreciation to Code Board Member Linda Ballinger.
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the December 3, 2002 Regular
Meeting.
JANuARY 7, 2002 - CITY COUNCIL AGENDA - PAGE 2 OF 4
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the October, 2002 Law Enforcement Special Fund and the November, 2002 Warrant Register.
General Fund $192,840.54
Public Facilities Improvement Fund $29,641.67
Capital Projects Building Fund $59.53
Law Enforcement Special Fund $169.46
Law Enforcement Special fund for October, 2002 $1,150.00
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A. 1. a) Motion to read by title only proposed Ordinance No. 811 amending the zoning map designation from
Residential Multiple Family (RMF) to Commercial Professional Office (CPO), Visiting Nurses Association,
Application No. 02-0005-R - City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only.
C) City Attorney to read proposed Ordinance No. 811 by title only.
2.a) Motion to adopt Ordinance No. 811. (Planning Board recommends approval.)
b) Public Comments.
C) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
JANUARY 7, 2003 - CITY COUNCIL AGENDA - PAGE 3 OF 4
IX. NEW BUSINESS - Mayor.
A. Swearing in of newly elected officials by Judge Shirley Brennan.
1. Council Members Noel Chandler, Lowry Markham, Dowling R. Watford, Jr. and City Clerk Lane Garniotea.
B. Election of Mayor.
C. Two-year appointments of Council Members to serve as City Liaisons to various Boards.
1. Central Florida Regional Planning Council (1 member, Kirk currently serves).
2. Tourist Development Council (2 members, Chandler and Williams currently serve).
3. Okeechobee Development Authority (1 member, Watford currently serves).
4. Juvenile Justice Council (I member, Kirk currently serves).
S. Treasure Coast Council of Local Governments (1 member, Oliver currently serves).
6. Okeechobee County Health and Healthy Start Coalition (1 member, Williams currently serves).
D. Update on status of the Industrial Park and related discussion - Dale Milita, Grant Specialist.
E. Motion to change Frank Irby from Alternate Member status to Regular Member status for the Code Enforcement
Board, term beginning January 8, 2003 and ending April 30, 2003 (term left vacant by Linda Ballinger) - Keith
Tomey, Code Enforcement Officer.
F. Motion to approve a Consent to Easement Agreement between the City and the U.S. Army Corps of Engineers - City
Administrator (Exhibit 2).
G. Discussion regarding noise abatement - Noel Chandler (Exhibit 3).
H. Discuss the Marvin Brantley Nuisance Abatement Lawsuit - City Attorney.
JANUARY 7. 2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4
X. 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.
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CITY OF OKEECHOBEE
PLANNING BOARD NOVEMBER 26, 2002
SUMMARY OF BOARD ACTION
AGENDA
1. CALL TO ORDER - Chairman.
Planning Board, November 26, 2002, 7:30 p.m.
11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary.
Chairman Jerry Walker
Board Member Daniel Creech
Board Member Dawn Hoover
Board Member Thomas Keller
Board Member William Ledferd
Board Member Christopher Mavroldes
Board Member Douglas McCoy
Alternate Sandra Jones
Attorney John R. Cook
Secretary Carolyn Arnold
111. MINUTES - Secretary.
I of 3
ACTION - DISCUSSION - VOTE
Chairman Walker called the November 26, 2002 Planning Board meeting to order at 7:45 p.m.
Board Secretary Arnold called the roll:
Present
Absent (without consent)
Present
Present
Present
Present
Present
Present (serving as voting member)
Absent
Present
A. Motion to dispense with the reading and approve the Summary of Board Action I Board Member Hoover moved to dispense with the reading and approve the Summary of
for the June 25, 2002 regular meeting. Board Action for the June 25, 2002 regular meeting. Board Member Keller seconded the
motion.
VOTE
HOOVER -YEA
JONES - YEA
KELLER - YEA
LEDFERD - YEA
MAVROIDES - YEA
MCCOY-YEA
WALKER - YEA
MOTION CARRIED.
November 26, 2002 - Plannine Board - Pai!e 3 of 3
11 AGENDA 11 ACTI O-N - DISCUSSION - VOTE 11
V. ADJOURNMENT - Chairman
PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Planning Board with There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:53' p.m.
respect to any matter considered at this proceeding-, such interested person will need arecord ofthe proceedings, and for such purpose
mav need to ensure a verbatim record ofthe proceedings is made. which record includes the testimony and evidence upon which
the'appeal is to be based. General Services tapes are for'the sole purpose ofbackup for official recordsofthe Department. I
Jerry Walker, Chairman
ATTEST:
Carolyn Arnold, Secretary
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366
Staff Report
E*#?
Rezoning Request
Applicant: Visiting Nurse Association ofFL, Inc.
From Residential to Commercial Professional Office
Petition No. 02-005-R
Preparedfor: The City of Okeechobee
Staff Report
Rezoning Request
General Information
Applicant: Visiting Nurse Association of Florida, Inc.
Petition No. 02-005-R
Petition Number: 02-005-R
Owner: Visiting Nurse Assoc. of Florida
Owner Address: 2400 SE Monterey Rd. Suite 300
Okeechobee, FL 34974
Owner Phone Number: 772-286-1844 ext. 211
Property Address: 213 Southeast 2 d Street
Existing Proposed
Future Land Use Map Single - Family Commercial
Classification
Zoning District
Residential Multi -Family
CPO Commercial
Professional Office
Use of Property
Illegal photo studio in a
Conforming photo studio
single family home
Acreage
0.27 acres
0.27 acres
Densitv
N/A
N/A
ccess
pedestrian: SE 2 ndSt.
pedestrian: SE 2 ndSt.
vehicle: SE3 d Av
vehicle: SEP Av
Location:
213 Southeast 2nd Street
Legal Description: Beginning at the intersection of S.E. 2nd Street, f/k/a
Seventh Street, and S.E. 3rd Avenue, f/k/a Cherokee street,
in FIRST ADDITION TO OKECHOBEE, FLORIDA,
according to the plat thereof recorded in Plat Book 5, Page
6, public records of Okeechobee County, Florida; thence
run West along North boundary of S.E. 2nd Street, a
distance of 82.1 feet; thence run North at right angle with
S.E. 3rd Avenue, a distance of 142.5 feet; thence run East
at right angle with S.E. 2nd Street, a distance of 82.1 feet,
to West boundary of S.E. 3rd Avenue; thence run South,
along West boundary of S.E. 3rd Avenue to the intersection
with S.E. 2nd Street, being the POINT OF BEGINNING.
I Request:
The applicant wishes to change the property's zoning from Residential Single Family
One (RSF-1) to Commercial Professional Office (CPO).
(PAGE }
Staff Report
Rezoning Request
Applicant: Visiting Nurse Association of Florida, Inc.
Petition No. 02-005-R
I Adjacent Future Land Use Map classifications and Zoning Districts: I
North:
Future Land Use Map Classification:
Zoning District:
Existing Land Use:
East:
Future Land Use Map Classification
Zoning District:
Existing Land Use'*
South:
Future Land Use Map Classification
Zoning District:
Existing Land Use:
West:
Future Land Use Map Classification
Zoning District:
Existing Land Use:
Commercial
CBD Commercial Business District
VNA of Florida, Inc. Office
building.
Single - Family
RMF Residential Multi — Family
Fairgrounds
Single - Family
RMF Residential Multi - Family
Residential
Single - Family
RMF Residential Multi — Family
Vacant lot
owner purchased vacant Single Family structure, with a non -conforming front and
side yard, with intent to lease out for photo studio use. However, Section 754 (2.) of
the City Land Development Code does not permit ownership transfer of a non-
conforming structure, and requires such structures to be brought into compliance with
all current Code requirements. The Code requires front yards to be setback 20 ft. to
buildings; 10 ft. to parking and driveway, and side yards of 8 ft. : 20 ft. abutting a
residential zoning district.
Analysis
1. The proposed use is not contrary to Comprehensive Plan requirements.
As outlined in the accompanying small scale amendment report, the proposal is
consistent with the Comprehensive Plan.
2. The proposed use being appliedfor is specifically authorized under the zoning district
in the Land Development Regulations.
The proposed use as a photo studio is authorized as a professional office and retail
service in the City Code.
(PAGE )
Staff Report Applicant: Visiting Nurse Association of Florida, Inc.
Rezoning Request Petition No. 02-005-R
3. The proposed use will not have an ddverse effect on the public interest.
The proposed use would not have an adverse effect on the public interest.
4. The use is appropriatefor the location proposed, is reasonably compatible with
adjacent land uses, and is not contrary or detrimental to urbanizing land use
patterns.
As outlined in the accompanying small scale amendment report, the. proposal is
compatible with adjacent and nearby land uses.
. I t?#?
5. The proposed use will not adversely affect property values or living conditions, or be
a deterrent to the improvement or development of adjacent property.
As outlined in the accompanying small scale amendment report, the proposal is
compatible with adjacent and nearby land uses.
6. The proposed use can be suitably bufferedfrom surrounding uses, so as to reduce the
impact of any nuisance or hazard to the neighborhood
If the required yard setbacks were met, the proposed use could be suitably buffered
from surrounding uses.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services,
The proposed use could be easily served by all public services.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affectpublic safety.
The proposed use is too small to affect public safety.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
Any proposed use would be required to meet the conditions of City Code Section 754
(2) requiring any structure on the site to be brought into compliance with all current
Code requirements.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public we�fare.
The proposed rezoning would not grant a special privilege to the owner as contrasted
to the public welfare.
(PAGE )
Staff Report Applicant: Visiting Nurse Association of Florida, Inc.
Rezoning Request Petition No. 02-005-R
Summary and Conclusions Prior to Cerfification I
Staff recommends the rezoning be approved as consistent with the Comprehensive
Plan and the zoning code. However, the applicant must be advised of the standing
requirements of Code Section 754 (2) concerning transfer of a non-confon-ning
structure.
I Landscape Regulations I
Subsequent reuse of this site shall be governed by City Code Section 500, Landscape
Requiiements.
Affachments
Attachments to this Staff Report include the Future Land Use Map indicating the
location of the subject property.
Submitted by:
James G. LaRue, AICP
November 21, 2002
(PAGE )
CITY OF OKEECHOBEE
General Services Department
55 SE Third Avenue
Okeechobee, FL 34974
Phone: 863-763-3372
FAX: 863-763-1686
Date Cl-a-0a Petition No.QQ-
-Jurisdiction: U
Fee Paid: Notices Mailed:
ist Hearing 2nd Hearing:
1:h1111;—tjnt1 D; r;f-114 -
Uniform Land Use Application
tPh,avi, attach sez7arate sheets for required additional information)
See Resolution No. 98-10:1 "PROOF OF INTEREST IN PROPERTY" for required additional information.
.1 & 0 ') I
Name of property owner(s): V -1 n 6( k\� Q ( e
Mailingaddress: )-L�00 PZJ�. czL) I �c
1:0
Property address:
Name of applicant, if other than owner (state relationship):
77-77-411
Telenhnne number- gnme-11LAS
'LkASh
Ai-1 AL;ti LJ-(JAI, Vr,3%-,ff-1z I 1�-
See Resolution No. 98-10:2 "PROPERTY SURVEY AND LOCATION MAP" for required additional idformafim
Future Land Use Map designation: Current Zoning Classification:
Approximate acreage or square feet: Part of platted subdivision? c
Type and gross area of any existin&non-residential uses on site: �� C, N G
Number and type (conventionaL manufactured home, etc.), gross area of any existing dwelling(s) on site: 00
Dimensions, gross areas, and percentages of total land use of any existing public areas, reservations,
buffers, open spaces, water retention lakes and recreational uses on site:
Is there a current or recent use of the property that is/was a violation of City Ordimance" )!�Yes 0 No
If yes, please describe: Q-
Have there been any land use applications concerning all or part of this property in the last year? 11 Yes �-No
If yes, indicate date, nature, and applicant's name:
Briefly describe use of adjoin�g property:
North: \1 �j N 0-� FL --Vy, East:
South:_ 0-� West:
Check type of application, complete appropriate sections, and sign reverse side of appilcau0n.
See Resolution 98-10:4 "STATEMENT OF USh- tor requirea aaamouat mi0=1101a:
Proposed Zoning Classification: _VCVnrjjef
if granted, will the'proposed zoning classification be contiguous with a like zone?
When development is proposed, see Resolution 98-10:9 "ENNMONMENTAL ANALYSIS" 10 "PUBLIC FACILITY
IMPACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for.reciulred additional information
(Over)
For S . pe cial Exception Applications, ask for Section 700 "SPECIAL EXCEPTION USE REGULATIONS" of the City of Okeechobee
T -�;-F;.A T -A n-r�t� ment Code for required idditional information.
Describe the intended use requiring a Special Exception:
Provide specific LDR ordinance section number and page number:
See Resolution 98- 10: 10 "PUBLIC FACEL= I1VfPACT ANALYSIS" for required additional information.
Supplementary supporting inform ation:
z
How the intended use meets the standards in the Unified Land Development Code §253-2:
Demonstrate that the propriate for the use:
U
Demonstrate how the site and proposed buildings have been designed so they are compatible with
the adjacent uses and theneighborhood:
Demonstrate any landscaping techniques to visua�y screen the use from adjacent uses.
Demonstrate what is proposed to reduce the impact of any potential hazards, problems, public
nuisance generated by - use:
Demonstrate how utilities and other service requirements of the use can be met
Demonstrate how the impact of traffic generated will be handled off -site and ori-site:
Describe the Variance
SuDulemental suT)T)orting information:
Demonstrate that the Variance is needed to overcome a hardship caused by the unique
Z physical conditions of the site:
Specify the minimum variance requirement including: height, lot area, size of structure,
> size of vard, setback, buffer or open space:
Details of administrative decision under appeal, including name of individual issumig decision,,date of iSSUanCe,
and written cor)v of decision:
..21 Reasons for requesting appeal of decision.
information:
CONFIRMATION OF NFoRMATION ACCURACY
I hereby certify that the information on this application is correct The information included in this application is for use by the City
of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to five hundred dollars
(S500.00) and imprisonment of up to thirty (30) days and may result in the summary denial of this application.
signature
Date
Rev-. 8/00
Serving Martin, St Lucie, Palm Beach & Okeechobee Counties
Visiting Nurse
Association
OF FLORIDA, INC.
September 2, 2002
City of Okeechobee
Building and Zoning Department
55 S.E. Third Avenue
Okeechobee, FL 34974
Applicant's statement of interest in property at 213 Southeast 2 nd Street.
1, Donald R. Crow, CEO of Visiting Nurse Association of Fl, Inc. do hereby declare that we are
the owners of the aforementioned property.
Sincerely,
' r ly'
Do ald R. Crow, CEO
2400 S.E. Monterey Road 9 Suite 300 413 S. Parrott Avenue 5893 South Congress Avenue
Stuart, Florida 34996 Okeechobee, Florida 34974 Atlantis, Florida 33462
(772) 286-1844 Fax (772) 286-8753 (863) 357-2197 a Fax (863) 357-1666 (561) 965-8480 * Fax (561) 965-0574
1-800-318-0399 www.VNAFlorida.org 1-800-590-1049 1-800-694-9189
Joint Commission on Accreditation of Health Care Organizations
Serving Martin, St. Lucie, Palm Beach & Okeechobee Counties
Visiting Nurse
Association
OF FLORIDA, INC.
November 15, 2002
City of Okeechobee
Building and Zoning Department
55 SE Third Avenue
Okeechobee, FL 34974
To Whom It May Concern:
We are requesting that 213 Southeast 2 rid Street be rezoned from Residential Multiple
Family to Commercial Professional Office for use as a photo studio.
Sincerely,
Teresa Roberts
Director of Operations
2400 S.E. Monterey Road 9 Suite 300
Stuart, Florida 34996
(772) 286-1844 Fax (772) 286-8753
1-800-318-0399 www.vnaflorida.org
208 S.E. Park Street
Okeechobee, Florida 34972
(a63) 357-2197 9 Fax (863) 357-1666
1-800-590-1049
joint Commission on Accreditation of Health Care Organizations
Serving Martin, St. Lucie, Palm Beach & Okeechobee Counties
Visiting Nurse
Association
OF FLORIDA, INC.
November 15, 2002
City of Okeechobee
Building and Zoning Department
55 SE Third Avenue
Okeechobee, FL '34974
To Whom It May Concern:
1, Donald R. Crow, CEO of Visiting Nurse Association of Florida, Inc. authorize the city
of Okeechobee to rezone the property at 213 Southeast 2 nd Street from Residential
Multiple Family to Commercial Professional Office.
Sincerely,
Donald R. Crow, CEO
�ignature Date
STATE OF FLORIDA
COUNTY OF MARTIN
Sworn to and subscribed to before me this ��day of 2002, by Donald
R. Crow, who is personally known to me.
Notary Public-Stdte of Florida
2400 S.E. Monterey Road * Suite 300
Stuart, F�orida 34996
(772) 286-1844 Fax (772) 286-8753
1-800-318-0399 www.vnatiorida.org
,0NZ,garie Rob,
0',
Q 10, �O,
Sr
S Z- #CC845296
208 S.E. Park Street
Okeechobee, Florida 34972
(863) 357-2197 9 Fax (863) 357-1666
1-800-590-1049
joint Commission on Accreditation of Health Care Organizations
. BOUNDARY SURVEY PREPARED FOR
VISITING NURSE ASSOCIATION OF FLORIDA, INC.
DESCRIP'nON: BEGINNING AT THE INTERSECTION
(PARENTHESES INSERTED BY SURVEYOR FOR CLARITY.
INTERSECTION OF THE NORTH R/W OF S.E. 2ND STREET & THE
WEST R/W OF S.E. 3RD AVENUE) OF S.E. 2ND STREET. F/K/A
SEVENTH STREET. AND S.E. 3RD AVENUE. F/K/A CHEROKEE
STREET. IN FIRST ADDITION To OKEECHOBEE. FLORIDA.
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5.
PAGE 6. OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY.
FLORIDA: THENCE RUN WEST ALONG THE NORTH BOUNDARY OF
S.E. 2ND STREET, A DisTANcE OF s2.1 FEET; THENCE RUN
NORTH AT RIGHT ANGLE VATH S.E. 3RD AVENUE. A DISTANCE OF
142.5 FEET. THENCE RUN EAST AT RIGHT ANGLEIATH S.E. 2ND
STREET. A DISTANCE OFr SZ1 FEET, TO THE WEST BOUNDARY OF
S.E. 3RD AVENUE: THENCE RUN SOUTH, ALONG SAID WEST
BOUNDARY OF &E. 3RD AVENUE TO THE INTERSECTION IMTH S.E.
2ND STREEL BEING WE PONT OF BEGINNING.
SUBJECT TO CURRENT TAXES. EASEMENTS. AND RESTRICTIONS
OF RECORD. IF ANY.
ADDRESS: 213 S.E. 2ND STREET .
Ones Was 004M BY
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FOAD 59 SET 59 FKW
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GRAPHIC SCALE
30 0 16 30 so
IN FEET
1 inch - 30 ft
NORTH
F.I.R.M. ZONE: ZONE UNDETERMINED.
PARCEL LIES WITHIN OKEECH013EE CITY LIMITS
N 90'00'00" W 82.10'
n-, 5/0- �
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STANDARD NOTES: No search of the public records for determination of ownership or restrictions affecting the lands ahown was performed by the surveyor.
The survey depicted here in prepared exclusively for those parties noted. No responsibility or liability In assumed by the surveyor for use by others not
specifically nom" Not valid without the signature and embossed sad of Florida licensed surveyor and mapper #4820. There are no visible above ground
encroachments except as shown. No attempt was made to locate underground Improvernents and/or encroachments (if my) on part of this survey. This
survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 611317-6, F.A.C.)
D FOR THE EMUSIVE USE OF.
NURSE ASSOCIATION OF FLORIDA. INC.
DESCRIPTION I DA E CK
BOUNDARY SURVEY
'/2'/Q2 ! 11 KA13
DESCRIPTION REFERENCE.- PROVIDED BY WENT OR CLJENT*S REPRESENTATIVE FB/PG: 66/67-68 SCALE. I' - 30'
BEARING REFERENCE: THE NORTH R/W OF 2ND ST. IS TAKEN TO BEAR N 9DWOO' W1 FILE' 16312 JOB NO: 16312
TRADEWINDS PROFESSIONAL SERVICES, INC
SURVEYORS AND MAPPERS
113 NW 11th Avenue
Okeechobee, Fl, 34072
Tel: (863) 763-2887
A 411
Breaux, Jr. (PSM 4820) - .1 Awlbork-u- Ms. LA W
LEGEND
Set Iron Rod and Cup TWPS 6719 0-Found CM
P)
Found Iron Rod (and Cap) 0 -Found Pipe (and Cap
ABBREVIATIONS
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This Document Prepared By and Return to:
Cornett, Googe, Ross & Earle, P.A.
Post Office Box 66
Stuart, Florida 34995
ParcellDNumber: 3-15-37-35-0010-01710-0060
Warranty Deed
This Indenture, Made this ��- day of April 2002 A.D., Between
Shirley W. Ingalls, an v�arried woman
of the County of Glades State of Florida , grantor, and
Visiting Nurse Association of Florida, Inc. , a corporation existing
under the laws of the State of Florida
whose address is: 2400 SE Monterpy Rd., Suite 300, Stuart, FL 34996
of the County of Martin 9 State of Florida , grantee.
Witnesseth that the GRANTOR, forand in consideration ofthesumof
------------------------ TEN DOLLARS ($10) ----------------------- DOLLARS,
and other gooO and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate,
lying and being in the County of Okeechobee state of Florida to wit:
Beginning at the intersection of S.E. 2nd Street, f/k/a Seventh
Street, and S.E. 3rd Avenue, f/k/a Cherokee Street, in FIRST ADDITION
TO OKEE ' CHOBEE, FLORIDA, according to plat thereof recorded in Plat
Book 5,'�Page 6, public records of Okeechobe6 County, Florida; thence
run West along North boundary of S.E. 2nd Street, a distance of 82.1
feet; thence run North at right angle with S.E. 3rd Avenue, a
distance of 142.5 feet; thence run East at right angle with S.E. 2nd
Street, a distance of 82.1 feet, to West boundary of S.E. 3rd Avenue;
thence run South, along West boundary of S.E. 3rd Avenue to the
intersection with S.E. 2nd Street, being the POINT OF BEGINNING
Subject to current taxes, easements and restrictions of record.
The property herein conveyed DOES NOT constitute the HOMESTEAD
property of the Grantor. The Grantor's HOMESTEAD address is 3140 Old
Lake Port Road, Moore Haven, Florida 33471.
and the grantor does hereby fully warrant [lie title to said land, and will defend the sanic against lawful clainis of all persons whomsoever.
In Witness Whereof, the grantor has hereunto set licr hand and seal the day and year first above written.
Signed, scaled and delivered in our presence:
(Seal)
Printed Name: 1W. .011-1c T-6 A) Shirle4, W. Ingalls
Wi7L 0— P.O. Address: 3140 Old Lake Port Road, Moore Haven, FL 33471
Pri
nocy Name:_
Wi tn&ig(s
STATE OF Florida
COUNTY OF
The Foregoing instrument was acknowledged fore me this day of April 2002 by
Shirley W. 4� 6a
Ingalls, an %iiimarried woman
she is personally known tome orshe has produced her Florida drive r"l—V C ense as identification
PhY111111 0. Wker �? - Z��
CCRIM11041011 # 00 $72524 PrVe NIme: qla/,3
Fqirft OOL 4, 2003 r Pit 1
Danded Thru Not r ic
My Commission Expires:
ALI&nU# Banding ca., 160.
'A L� G—cd by � DmpWy Sy-- 1-, IM IA63) 763-5555 F� M wn- i
Comparable Sales Map
Borrower/ClIerit
Property Address 213 SOUTHEAST 2ND STREET
Ch OKEECHOBEE roug� OKEECHOBEE State FLA Zp Code 34974
Lender VISMNG NURSES ASSOCWTON
/ 11 Form MAP.Cow —'TOTAL for Midows' agnisal software by a la mode, kic. — 1.80ALAMODE
EXHIBIT 2 -
JANUARY 7 AGENDA
DEPARTMENT OF THE AR14Y
CONSENT TO EASEMENT
TO USE CORPS OF ENGINEERS RIGHT-OF-WAY
Consent No. DACW17-9-03-0025
Project: Intracoastal Waterway -
Tributary Channel, Okeechobee
Okeechobee Waterway, Okeechobee
County, Florida
Tract No. 995
THIS CONSENT TO EASEMENT AGREEMENT, made by and between the
UNITED STATES OF AMERICA, DEPARTMENT OF THE ARMY, hereinafter referred
to as the "Government", acting by and through the Chief, Real Estate
Division, U.S. Army Corps of Engineers, Jacksonville District,
hereinafter referred to as "said officer," and City of Okeechobee,
Florida, hereinafter referred to as the "Grantee":
WHEREAS, the Government has acquired a right-of-way easement over
the above -numbered tract of land, which easement, by its terms
reserves to the Government, in perpetuity, the right to use said
easement for the construction, improvement, and maintenance of the
Intracoastal Waterway -Tributary Channel, Okeechobee Waterway,
Okeechobee County, Florida; and
WHEREAS, the Grantee has requested permission to construct, use,
maintain, repair and remove a boat ramp in, on, across, over, and
under a portion of the lands identified as Tract No. 995, Section 22,
Township 37 South, Range 35 East, Okeechobee County, Florida. The
area comprising 0.01 of an acre, more or less, is shown in red on
Exhibit "All attached hereto and made a part hereof.
NOW THEREFORE, this consent is granted and accepted under the
following conditions:
1. That effective as of the date of execution hereof on behalf of the
United States, this consent shall replace and supersede Department of
the Army Consent to Easement No. DACW17-9-88-19, dated 29 February
1988, granted to the Florida Game and Fresh Water Fish Commission.
2. That it is understood that this consent is effective only insofar
as the property rights of the Government in the land to be occupied
are concerned, and that it does not relieve the Grantee from the
necessity of obtaining grants from the owners of the fee and/or other
interests, therein, nor does it obviate the requirement that the
Grantee obtain State or local assent required by law for the activity
authorized herein.
3. That any proposed improvements or use authorized herein shall not
be commenced until appropriate rights shall have been obtained by the
Grantee from the record owners and encumbrancers of the fee title to
the lands involved, or until the Grantee has obtained all Federal,
State, or local permits required by law.
4. That the proposed improvements or use authorized herein shall be
consistent with the terms and conditions of this consent; and that any
improvements or use not specifically identified and authorized shall
constitute a violation of the terms and conditions of this consent
which may result in a revocation of this consent and in the
institution of such legal proceedings as the Government may consider
appropriate, whether or not this consent has been revoked or modified.
5. That the exercise of the privileges hereby consented to shall be
without cost or expense to the Government and under the supervision of
and subject to the approval of the said officer having immediate
jurisdiction over the property and subject to such regulations as he
may from time to time prescribe.
6. That the Grantee shall supervise and maintain the said
improvements and cause it to be inspected at reasonable intervals, and
shall immediately repair any damage found therein as a result of such
inspection, or when requested by said officer to repair any defects.
Upon completion of the installation of said improvements or the making
of any repairs thereto, the premises shall be restored immediately by
the Grantee, at the Grantee's own expense, to the same condition as
that in which they existed prior to the commencement of such work, to
the satisfaction of said officer.
7. That any property of the Government damaged or destroyed by the
Grantee incident to the exercise of the privileges herein granted
shall be promptly repaired or replaced by the Grantee to the
satisfaction of the said officer, or in lieu of such repair or
replacement, the Grantee shall, if so required by said officer and at
his option, pay to the Government an amount sufficient to compensate
for the loss sustained by the Government by reason of damage to or
destruction of Government property.
8. That the Government shall not be responsible for damages to the
property or injuries to persons which may arise from or be incident to
the exercise of the privileges herein granted, or for damages to the
property of the Grantee, or for damages to the property or injuries to
the person of the Grantee, or the persons of Grantee's officers,
agents, servants, or employees, or others who may be on said premises
at the invitation of the Grantee or the invitation of one of them,
arising from Governmental activities on or in the vicinity of the said
premises, and the Grantee shall hold the Government harmless from any
and all claims.
2
9. That the Government shall in no case be liable for any damage,
either hidden or known, to any improvements herein authorized which
may be caused by any action of the Government, under the rights
obtained in its easements, or that may result from the future
operations undertaken by the Government, and no claim or right to
compensation shall accrue from such damage, and if further operations
of the Government require the alteration or removal of any improve-
ments herein authorized, the Grantee shall, upon due notice, from said
officer, alter or remove said improvements without expense to the
Government and subject to the supervision and approval of the said
officer and no claim for damages shall be made against the Government
on account of such alterations or removal.
10. That construction and/or operation, maintenance, and use of any
improvements incident to the exercise of the privileges herein granted
shall be in such a manner as not to conflict with the rights of the
Government, nor to interfere with the operations by the Government
under such rights nor to endanger lives and safety of the public.
11. That this consent may be terminated by the Government or said
officer upon reasonable notice to the Grantee if the Government or
said officer shall determine that any improvements or use to which
consent is herein granted interferes with the use of said land or any
part thereof by the Government, and this consent may he annulled and
forfeited by the declaration of the Government or said officer for
failure to comply with any or all of the provisions and conditions of
this consent, or for nonuse for a period of two (2) years, or for
abandonment.
12. That upon relinquishment, termination, revocation, forfeiture, or
annulment of this consent, the Grantee shall vacate the premises,
remove all property of the Grantee therefrom, and restore the premises
to a condition satisfactory to the said officer. If the Grantee shall
fail or neglect to remove the said property and so restore the
premises, then at the option of the Government or said officer, the
said property shall either become the property of the Government
without compensation therefor, or the Government or said officer, may
cause it to be removed, and the premises to be so restored at the
expense of the Grantee, and no claim for damages against the
Government, or its officer or agents, shall be created by or made on
account of such removal and restoration.
13. That the Grantee within the limits of his respective legal powers
shall comply with all Federal, interstate, State, and/or local
governmental regulations, conditions, or instructions for the
protection of the environment and all other matters as they relate to
real property interests granted herein.
14. That the Grantee shall not remove or disturb, or cause or permit
to be removed or disturbed, any historical, archeological, architec-
tural, or other cultural artifacts, relics, vestiges, remains, or
91
objects of antiquity. In the event such items are discovered on the
premises, the Grantee shall immediately notify the District Engineer,
Jacksonville District, Post Office Box 4970, Jacksonville, Florida
32232-0019, and the site and the material shall be protected by the
Grantee from further disturbance until a professional examination of
them can be made or until a clearance to proceed is authorized by the
District Engineer.
15. That no additional structures shall be constructed waterward of
the Government's right-of-way line and that any structures currently
within the right-of-way must be removed by the Grantee, at Grantee's
expense, if future needs of the Government so require.
16. That this consent may not be transferred to a third party without
the prior written notice to the Chief, Real Estate Division, U.S. Army
Corps of Engineers, Jacksonville District, Post Office Box 4970,
Jacksonville, Florida 32232-0019, and by the transferee's written
agreement to comply with and be bound by all the terms and conditions
of this consent. In addition, if the Grantee transfers the improve-
ments authorized herein by conveyance of realty, the deed shall
reference this consent and the terms and conditions herein and the
consent shall be recorded along with the deed in the Registrar of
Deeds or with other appropriate official.
This consent is not subject to Title 10, United States Code, Section
2662.
IN WITNESS WHEREOF, I have hereunto set my hand,
the Secretary of the Army, this day of
20
BY:
BY:
ATTEST:
UNITED STATES OF AMERICA
by authority of
Chief, Real Estate Division
U.S. Army Engineer District
Jacksonville, Florida
AGREED TO AND ACCEPTED
CITY OF OKEECHOBEE, FLORIDA
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OFFENSES —MISCELLANEOUS
EXHIBIT 3 —
JANUARY 7 AGENDA
§ 11-32
See. 11-20. Using or occupying public property unlawfully.
It shall be unlawful:
(a) To congregate upon the sidewalks to the hindrance of
passersby.
(b) To use or occupy any portion of any public square,
park, street or sidewalk for the purpose of exhibiting,
selling or offering for sale any goods, wares or mer-
chandise, without the permission of the city.
(c) To camp upon any of the public streets or parks of the
city. (Code 1962, § 14-28)
See. 11-21. Weapons.
It shall be unlawful:
(a) To discharge any gun, pistol or other firearm within
the city limits without first obtaining permission from
the chief of police.
(b) To throw any stones, brickbats, clubs or other missiles
whereby some person or property may be injured or
hurt. (Code 1962, § 14-30) 1
State law reference —Offenses relating to weapons, F.S. Ch. 790.
Secs. 11-22-11-31. Reserved.
ARTICLE 11. NOISE*
See. 11-32. Prohibited generally.
It shall be unlawful for any person knowingly or willfully,
or through his culpable negligence, to make or create ex-
cessive or unusually loud noise within the city. (Ord. No.
417, § 3, 10-23-79)
*Cross references —Animals as public nuisance, § 4-6; loud noises and speaking
devices, prohibited use by peddlers, § 10-39.
Supp. No. 13 591
§ 11-33 OKEECHOBEE CODE
See. 11-33. Specific levels constituting excessive, unnecessary
and unusually loud noise.
The noise from any activity or from any permissible use
of property shall be deemed to be excessive and unnecessary
and unusually loud if it exceeds the following sound pressure
levels outside of the property from which it originates. All
measurement shall be made by methods consistent with the
regulations of the American National Standards Institute or
its successive bodies.
(a) Between 7:00 a.m. and 7:00 p.m.-55 dba (decibels).
(b) Between 7:01 p.m. and 6:59 a.m.-50 dba (decibels).
Provided, however, a violation of this article may occur with-
out the occasion of the measurements being made as herein
provided. (Ord. No. 417, §§ 5, 6, 10-23-79)
Sec. 11-34. Noise exceeding specific levels prohibited in resi-
dential districts.
At no point on the boundary of or within an area zoned
RSF, RG-1, RMH or RG-2 shall the noise from any mechanical
or electrical noise source outside of the property in question
exceed the levels prescribed by section 11-33. (Ord. No. 417,
§ 6, 10-23-79)
See. 11-35. Electronic devices or musical instruments.
No person shall use, operate or play any radio, phonograph,
stereo set, tape player, television set, sound amplifier or other
electronic audio device or any musical instrument which pro-
duces or reproduces sound, at any level that is in excess of the
limits prohibited by section 11-33. (Ord. No. 417, § 7, 10-
23-79)
Sees. 11-36, 11-37. Reserved.
Editor's note —Ord. No. 606, § 1, adopted Sept. 20, 1988, repealed § § 11-36 and
11-37 which pertained to engine exhaust and vehicle defect or condition of load
and derived from Ord. No. 417, H 1, 2, adopted Oct. 23, 1979.
Supp. No. 13 592
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: December 30, 2002
SUBJECT: Status Report
FROM: Bill L. Veach, City Administrator
Below is a brief summary of past and upcoming events.
DEPAR-tw
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.
Update on GRIT — On December 30'h, the City was served a summons by the
Liquidating Trustee for GRIT that we were being sued for the $48,648.03 that they
claim the City owes them for payment of one of Bettye's hospital bills. At latest
report, the hospital indicated to the City that they had not been paid in this matter
and repeated requests from the City to GRIT attorneys for proof of this payment
have not been responded to. Attorneys Cook and Robbins will discuss the matter
and make the proper response to the suit.
Bettye Taylor is currently experiencing issues with her back and is being evaluated
to determine ifthere is a need for additional surgery. This evaluation will be done
on January 8 1h . As with all of Bettye's medical expenses related to her back, the
City is paying the cost. This expenditure is coming from the legal cost line item
(acct. 514).
Fire Station Project — Construction has begun. The old emergency generator has
been moved in anticipation of the arrival of the new generator. Exterior concrete
work has begun as have preliminary electrical and communication system work.
The City Engineer reports that we are on schedule and budget at this time.
Industrial Park/Sheffield Environmental Services — As of the writing of this
report, proposals that might keep this project alive are being discussed and
evaluated by City Councilmen and consultants. It appears timelines and out of
pocket expenses for the City will be a major determining factor. Resolution to
these issues should become clearer prior to our next City Council meeting and I Will
keep you informed as they develop.
'��DEPARTM
As I have previously reported, the EDA has approved our request for an extension
ADMINISTRATION on the start dates and completion dates of this project. The new start date is March
CONTINUED 17, 2003 and the completion date is September 17, 2004. Mr. Asa Williams, from
the EDA office in Atlanta, made a site visit on November 19". During that visit,
he indicated that it might be possible to build the infrastructure of the park with
grant fimding, prior to private sector construction commencement. If this worked
out, he would require that we break ground by March 17, 2003. Of course, all
granting entities and the City Council would have to concur before this could
be done. I will keep you informed as this situation develops, but as it stands, this
project must begin construction in March 2003 or it is dead, as currently proposed.
Flagler Parks/Downtown — Nancy Phillips has submitted the grant application
related to Flagler Parks 3-6 and storefronts, streetscaping and lighting along the
North side of West Park Street.
The City has submitted a request for $115,000 through a FRDAP grant to refurbish
Flagler Park #2. We should have some indication as to whether or not the project
will be fimded by Spring.
We continue to pursue possibilities related to the 4 1h Street Boat Ramp. The City
Administrator, City Attorney and Public Works Director are pursuing the transfer
of easement and requirements for permitting of this project. The Transfer of
Easement Agreement will come before the City Council on January 7h.
Route Closing and Detour — We have been informed that the railroad crossing on
Rt. 98 will be closed from January 8h through January 1 Ith for repairs.
Representatives from APAC Construction, DOT, City Police, the Sheriff s Office,
Public Works, City and County Fire Departments and City and County
Administration met in the City Administrator's office on December 30 1h to discuss
the project and detour route. Southbound traffic on Rt. 98 will be re-routed onto
NW 91h Street. Only local traffic will be permitted onto northbound Rt. 98 at SR
70.
The Police Department and Sheriffs Department will have officers directing traffic
at the intersections located at NW 9th Avenue and NW 9th Street; NW 91h Street and
441; NW 91h Avenue and SR 70; and NW 91h Avenue and NW 6 1h Street. Officers
will be present from 6 a.m. until I I p.m. each day.
2
40)
f
DEPARTMENT
ADMINISTRATION
We have also asked the Construction Company and DOT to notify proper school
CONTINUED
officials and media outlets. They indicate this win be done and I will touch base
with school and media outlets to give them DOT and APAC contacts.
FINANCE
Our annual audit continues and Lola Parker reports no major concerns at this time.
Upon completion, we plan to present it at a City Council meeting in the Spring.
POLICE
Our current fleet of police cars is being retrofitted with protective shields designed
to help prevent gas tank punctures in the event of a high-speed rear end collision.
You may have read recent media reports on this issue. The Ford Motor Company
has recommended the modification.
Construction on the street projects has resumed and Donnie Robertson reports they
PUBLIC WORKS
are all nearly complete.
CODE
Attorney Cook will discuss with the City Council possible legal action that he
ENFORCEMENT
recommends taking in the Marvin Brantley issue. John has been working with Mr.
Brantley's attorney to resolve this ongoing problem. John indicates he has made
headway toward a final resolution to the issue.
CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address.
1. Marvin Brantley situation — John is in discussions with Mr. Brantley's attorney.
2. Hamrick Trust — John is attempting to locate and secure a research firm that is
well versed in reversionary issues.
3. LDR issues such as non -conforming uses, building site elevations and street
cut/right-of-way resolution.
4. City/County contractor licensing agreement — this proposed language is
currently being reviewed by the County Attorney.
5. GRIT issues
6. Adelphia Contract
4