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2003-04-15 RegularCITY OF OKEECHOBEE APRIL 15, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor: April 15, 2003, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Al Jaquith Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Secretary Katrina Vinson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of April 27 - May 3, 2003 as "Municipal Clerk's Week." PAGE I OF 11 Mayor Kirk called the April 15, 2003 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Pastor Al Jaquith; Mayor Kirk led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk read the proclamation regarding "Municipal Clerk's Week" in its entirety, as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meeting of their state, province, county and APRIL 1, 2003 - REGULAR MEETING - PAGE 2 OF 11 A IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the week of April 27 - May 3, 2003 as "Municipal Clerk's Week" continued. B. Proclaim the month of May 2003, as "Elder Law Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 1, 2003 Regular Meeting. DISCU10ft - VOTIE COUNICILACTION international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me, as Mayor of the City of Okeechobee, do hereby proclaim the week of April 27 through May 3,2003, as'MUNICIPAL CLERK'S WEEK', and further extend as appreciation to our Municipal Clerk, Lane Gamiotea and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent." The proclamation was accepted by Lane Gamiotea. She thanked the Council for recognizing Municipal Clerk's Week. Mayor Kirk read the proclamation regarding "Elder Law Month" in its entirety, as follows: "WHEREAS, older Americans are a vital national resource; and WHEREAS, Elder Law is a vital and continually evolving area of law, dedicated to the special needs of older Americans; and WHEREAS, older Americans have legal needs which require special knowledge, expertise and attention; and WHEREAS, the State of Florida consistently endeavors to be responsive to the needs and rights of Florida's older citizens so they are empowered to age in a place with security, dignity, and purpose; and WHEREAS, the Academy of Florida Elder Law Attorneys, the Elder Law Section of the Florida Bar, and the Florida Department of Elder Affairs strive to inform older Floridians and to make them aware of their legal rights; NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Flodda, do hereby proclaim the month of May 2003 as 'Elder Law Month.' " No one was present to receive the proclamation. It will be forwarded to the appropriate representative. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action, for the April 1, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion regarding this item. VOTE KIRK - YEA CKWLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 15, 2003 - REGULAR MEETING - PAGE 3 OF 11 531 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2003 Warrant Register: General Fund ............................. $315,477.78 Public Facility Improvement Fund ................ $2,206.50 Capital Project (Building) ..................... $26,191.09 Capital Project (Vehicles) .................... $384,880.63 Industrial Development Fund .................. $68,472.40 Law Enforcement Special Fund ................. $4,164.36 Vil. AGENDA - Mayor. Council Member Watford moved to approve the March 2003 Warrant Register, in the amounts: General Fund three hundred fifteen thousand, four hundred seventy-seven dollars and seventy-eight cents ($315,477.78); Public Facility Improvement Fund two thousand, two hundred six dollars and fifty cents ($2,206.50); Capital Improvements Project Fund (Building) twenty-six thousand, one hundred ninety-one dollars and nine cents ($26,191.09); Capital Improvements Project Fund (Vehicles) three hundred eig hty-four thousand, eighthundred eightydollars and sixty-three cents ($384,880.63); Industrial Development Fund sixty-eight thousand, four hundred seventy-two dollars and forty cents ($68,472.40); Law Enforcement Special Fund four thousand, one hundred sixty-four dollars and thirty-six cents ($4,164.36); seconded by Council Member Markham. There was no discussion regarding this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. agenda. New Business item "D" was withdrawn from the agenda. Police Officer's Pension Fund was added as a I discussion item under New Business, after Item "E." Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:09 P.M. A. 1. a) Motion to read by title only proposed Ordinance No. 821 regarding Council Member Watford moved to read by title only proposed Ordinance No. 821 regarding Alley Closing Application Alley Closing Application No. 68 submitted by Steve and Mary No. 68 submitted by Steve and Mary Porter; seconded by Council Member Markham. Porter - City Attorney (Exhibit 1). 1 VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 532 APRIL 15, 2003 - REGULAR MEETING - PAGE 4 OF I I COUNCIL ACMff- Of Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 1. c) City Attorney to read proposed Ordinance No. 821 by title only. Attorney Cook read proposed Ordinance No. 821 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEYWAY LOCATED IN BLOCK 34, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 821. 111 Council Member Markham moved to adopt proposed Ordinance No. 821; seconded by Council Member Williams. b) Discussion. Alley Closing Application No. 68 was submitted by Steven G. and Mary A. Porter along with co -applicants Jerry D. and Willa D. Townsend. Additional property owners within the block who signed Letters of Consent are Lucy Goglia, John C. Perry, Jr. and Ricky R. Redish. The request is to close the North to South alley located in Block 34, First Addition to South Okeechobee subdivision. A drainage easement is being retained by the City as requested by the City 11 Engineer. At the March 18, 2003 meeting (first reading), Mr. Redish and Mr. Perry withdrew their Letters of Consent to close the alley. The Council amended the legal description to close only the porlion of the alley between Lots 1, 2, 7 and 8. All fees have been paid. Thirty-three (33) certified letters were mailed to the surrounding property owners. The ordinance was advertised on April 12, 2003, in the Okeechobee News. The only objection from the surrounding property owners was from Ms. Goglia, the other property owner within Block 34, she would like for her Letter of Consent to stand, and for the entire alley to be closed. The Council considered and discussed her request. However, the Council concluded that closing only a portion of the alley was best at this time, due to the other property owners not wanting the entire alley closed. Mayor Kirk asked whether there were any questions or comments from the public. There were none. C) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 15, 2003 - REGULAR MEETING - PAGE 5 OF 11 5-33 A 6. W-1A COURMILACTIOR-1 VM VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 1. a) Motion to read by title only proposed Ordinance No. 822 regarding 11 Council MemberWatford moved to read bytitle only proposed Ordinance No. 822 regarding Rezoning Application No. Rezoning Application No. 03-002-R submitted by Edward Douglas 03-002-R submitted by Edward Douglas; seconded by Council Member Markham. City Attorney (Exhibit 2). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 822 by title Attorney Cook read proposed Ordinance No. 822 by title only as follows: "AN ORDINANCE OF THE CITY OF only. 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 DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 822; seconded by Council Member Williams. 2. a) Motion to adopt Ordinance No. 822. Rezoning Application No. 03-002-R was submitted by Edward Douglas, who is also the property owner. The request b) Discussion. is to change the Residential Multiple Family (RMF) zoning designation to Heavy Commercial (CHV) on the property located at 911 Northwest 2ndStreet. The Legal Description being Lots 4 to 6 and a portion of 3 of Block 163, City of Okeechobee, less property contained in the Quit Claim Deed as recorded in Book 456, Page 1394, of the Public Records of Okeechobee County, Florida. The property is approximately .049 acres. Property to the North is zoned Residential Multiple Family with apartments, a church and some Residential Single Family, to the East is a grocery store. To the South is a church, repair shop and trailer sales and to the West is a home in a Residential Multiple Family designation. City Planning Staff Report findings are as follows: The proposed use is consistent with the Comprehensive Plan, specifically in the Future Land Use Map Element, Objective 1, Policy 1.1, 1.2,1.3,1.4, 2.1 (C), Objective 8 and Policy 8. 1. The use applied for is permitted for the Heavy Commercial (CHV) district (a Health Club/Gym is proposed). It will have no adverse effect on public interest, and is an appropriate location given the proximity of other businesses. The use is compatible with the neighborhood, will not adversely affect property values or living conditions. 554 April 15, 2004 - Regular Meeting - Page 6 of I I Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Discussion continued. C) Vote on motion. COUNCILACP Molt VIM: The use will likely help the surrounding undeveloped areas. The development can be suitably buffered from surrounding residential uses, so to reduce the impact of any nuisance or hazard. The use will not create a density pattern that would over burden public facilities, it is in a district designed to accommodate such uses. It will not create any traffic congestion or flooding nor impact safety. The proposed use should be able to develop within existing code requirements and will not be inordinately burdened by any unnecessary restrictions, will not grant any special privilege to the owner as contrasted with the public welfare. The Planning Board considered the application at their March 25, 2003 meeting and unanimously recommended approval. All fees have been paid and thirty (30) certified letters have been sent. The ordinance was advertised on April 4, 2003, in the Okeechobee News. There were no objections from the surrounding property owners. Mayor Kirk asked whether there were any questions or comments from the public. There were no questions or comments from the public or Council. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. 1. a) Motion to read by title only proposed Ordinance No. 823 regarding 11 Council Member Watford moved to read by title only proposed Ordinance No. 823 regarding Rezoning Application No. Rezoning Application No. 03-003-R submitted by Kenneth and Julia 03-003-R submitted by Kenneth and Julie Edwards; seconded by Council Mernber Chandler. Edwards - City Attorney (Exhibit 3). b) Vote on motion to read by title only. VOTE Kw -YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 15,2003 - REGULAR MEETING - PAGE 7 'OF I I 535 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 1. c) City Attorney to read proposed Ordinance No. 823 by title only. 2. a) Motion to adopt Ordinance No. 823. b) Discussion. -C-TIO 09, COUNCILA N - DISCUSS Attorney Cook read proposed Ordinance No. 823 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.91 Council Member Markham moved to adopt proposed Ordinance No. 823; seconded by Council Member Williams. Rezoning Application No. 03-003-R was submitted by Kenneth and Julia Edwards, who are also the property owners. The request is to change the Residential Multiple Family (RMF) zoning designation to Commercial Professional Office (CPO). The property is located within the 200 block of Northwest 7" Street. The legal description is Lots 4 through 6, Block 75, City of Okeechobee. The property to the North is a feed mill and warehouses, to the East and South are vacant lots with Residential Single Family designation. Multiple Family to the West with a triplex and duplex. Three blocks to the South is the site for the new Court House. Planning Staff recommends approval and Report findings are as follows: Use is consistent with the Comprehensive Plan (Future Land Use Map Amendment approved March 4, 2003). Proposed use is a professional accounting office which is permitted under Commercial Professional Office (CPO). It will not have an adverse effect on the public interest, is compatible with adjacent and nearby uses which include office, industrial and commercial uses. There should be minimal traffic impact to the area, it will not have an adverse effect on property values and will likely spur some redevelopment needed in the area. Appropriate site design standards will be applied (buffers, landscaping) to minimize any possible nuisance or hazard. The use will not create any density problems; traffic congestion, flooding, drainage or public safety problems. It has not been inordinately burdened by unnecessary restrictions, nor does it constitute a grant a special privilege to an individual owner as contrasted with the public welfare. The Planning Board discussed the application at their March 25, 2003 meeting and voted unanimously to recommend approval. Cound Member Watford stated that Commercial Professional Office zoning designation is a good buffer. This rezoning will be a good transition, however he was concerned about "spot zoning." Mr. Murray responded that spot zoning is totally unrelated in this case since the zoning is compatible with the nearby uses. 536 APRIL 15, 2003 - REGULAR MEETING - PAGE 8 OF 11 Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 P.M. Lip A. 1. a) Motion to read by title only and set May 6, 2003 as a public hearing Council Member Watford moved to read by title only and set May 6, 2003, as a public hearing date for proposed date for proposed Ordinance No. 824 adopting and enaction the Ordinance No. 824 adopting and enacting the new code books and subsequent changes; seconded by Council new code books and subsequent changes - City Attorney (Exhibit Member Markham. 4). b) Vote on motion to read by title only and set public hearing VOTE date. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 824 by title only as follows: "AN ORDINANCE ADOPTING AND C) City Attorney to read proposed Ordinance No. 824 by title ENACTING A NEW CODE FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE REPEAL OF only. CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENAILTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE." 2. a) Motion to approve the first reading of Ordinance No. 824. Coucil Member Markham moved to approve the first reading of proposed Ordinance No. 824; seconded by Council Member Chandler. APRIL 15, 2003 - REGULAR MEETING - PAGE 9 OF 11 537 IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion. C) Vote on motion. B. Introduction of the new Chamber of Commerce President - Dick Meyer. There was a brief discussion regarding this item between the Council and Clerk Gamiotea. Mayor Kirk asked whether there were any questions or comments from the public. There were no questions or comments from the public or Council. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Dick Meyer introduced himself as the newly appointed President of the Chamber of Commerce. He briefly addressed the Council thanking them for their continued support and involvement in promoting Okeechobee. This community is a great place to live and work. One of the Chamber's main responsibilities will be to continue sponsoring the Speckled Perch and Labor Day Festivals. However, their goal will also be shifting to more "business to business supporf effort. The goal is to organize groups of leaders to visit different areas, see what types of festivals and businesses they have, learn what works and what does not. By doing this he believes it will enhance and expand Okeechobee's activities. The Chamber will continue to be the main information system for the community. They have recently undergone a landscaping renovation and intend to carry those renovations to the interior along with additional signage to help identify the building better. Mr. Meyer thanked the Council for their time. He also advised, to ensure the Chamber's financial integrity, an outside firm will complete an audit. Having good relations with the City is important. The community, as a whole, needs to promote and project a positive united picture to attract future businesses and industry. Mayor and Council Members thanked Mr. Meyer's for his kind words. They look forward to working with the Chamber, and added, appointing Mr. Meyer as president has been a "good step" for the Chamber. C. Request for a donation from the City for the July 4 1h Liberty Day Mr. Bo Bowers and Ms. Marcia Crane of the Junior Chamber Association, addressed the Council regarding a request Celebration and fireworks display - Marcia Crane and Bo Bowers. for a donation towards the July 41 (Fire Works) Liberty Day Celebration. This association is working with the Jaycee's to sponsor this event. The Jaycees started with thirteen -hundred dollars ($1,300.) in their account. The County approved a donation of four thousand dollars ($4,000.) and the Contractors Association has donated one thousand dollars ($1,000.) towards the Celebration. Four local businesses have contributed after letters of request were mailed. APRIL 15, 2003 - REGULAR MEETING - PAGE 10 OF 11 Ac"noN. D ON VM IX. NEW BUSINESS CONTINUED. C. Request for a donation from the City for the July 0 Liberty Day The total to approximately sixty-seven hundred dollars ($6,700.). The Council and Administrator Veach discussed Celebration and fireworks display continued. donations made in the past, and whether there was an amount in this years budget for discretionary items. 11 Administrator Veach advised that the one thousand dollars ($1,000.) was in their budget for this year. Council Member Watford made a motion to allocate one thousand dollars ($1,000.) towards the July 4. 2003 Libeft Day Celebration; seconded W Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Discussion related to title and salary adjustments in the Detective Item withdrawn from the agenda. Division of the Police Department - Chief Davis (Exhibit 5). 111 E. Discussion related to the marketing of the Industrial Park - Dowling Council Member Wafford asked, since the City Commerce Center (industrial Park) project is underway, would the Watford. Council be interested in having the Administrator meet with Okeechobee Development Authority (ODA) Executive Director Leo Conner, regarding marketing the project? The City does not have the personnel to handle the project at this time and he suggested that since this entity is already in place, this may fall under their expertise, since they 11 manage the County's Industrial Park and Airport. Mr. Connor was present and confirmed that the ODA's responsibilities are to promote Okeechobee County as a whole, which would include the City and he would appreciate the opportunity to meet with Administrator Veach to discuss the Following a brief discussion, the Council directed Administrator Veach to meet with Mr. Conner, see what type of agreement or recommendations could be reached and bring ther-n back to the Council for further consideration. APRIL 15,2003- REGULAR MEETING -PAGE 11,01' 11 IX. NEW BUSINESS CONTINUED. Added Item. Discuss Police Officer's Pension Fund - Bill Veach. F. Recess from the regular meeting to enter into an Executive Session regarding the status of the GRIT lawsuit - Mayor. 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 EV NCE UPON WHICH THE APPEAL IS TO BE BASED. ...... ATTLI'T:. Jame!(E. Kirk, Mayor la64 Gaikote ek City Cie. This item was added to the agenda, and is for informational purposes. Mr. Veach informed the Council that the Police Officer's Pension Fund is requiring payment from the City in the amount of eighty-four thousand, four hundred ninety- one dollars ($84,491.00), which was not budgeted. In total, the General Employees Pension Fund and the Police Officer's Pension Fund, the City will have to pay one hundred ten thousand, four hundred sixty-nine dollars and seventy-nine cents. Mr. Veach did not want to allow this expenditure without notifying the Council first. Unfortunately there is nothing that we can do about this, due to the decline in the market, the funds must be stabilized which falls as the City's responsibility. He wanted the Council to informed of what was happening, and that this will need to be placed in the budget next year, Council Member Watford questioned where the funds are coming from. Mr. Veach responded, from reserves. The Department Heads are doing a good job living within their budgets, we will pinch down as much as possible. Council Member Watford informed Mr. Veach to tell all Department Heads to tighten up, this is a very serious matter. Mayor Kirk instructed Mr. Veach to keep the Council informed of this matter on a regular basis. Mayor Kirk announced that the City Council would now enter into Executive Session to discuss pending litigation with GRIT Insurance Company, and that the only members that could remain present in the room is Mayor Kirk, Council Member Markham, Council Member Williams, Council Member Watford, Council Member Chandler, Attorney Cook, and Administrator Cook. Everyone else was asked to leave the room. The Executive Session began at 7:04 PM, and adjourned at 7:26 PM. The discussion was confined to settlement negotiations or strategies relating to litigation expenditures concerning pending litigation with GRIT Insurance Company. A court reporter was present to record the session, and the transcript shall be made part of the public recovered upon conclusion of the litigation. There being no further items on the agenda, Mayor Kirk adjourned the April 15, 2003 meeting at 7:26 p.m. AFFIDAVIT OF PU.6-ASHER OKEECHOBEE TIZVMS 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 who on 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 121 IRI IC NCITICI: l2c) a I -)Q 10 in the matter of CITY C01 JNC MFFTINC fL 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 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� /0 -t4- day of A.D. 2003 (SEAL) I Notary Public '%!�pY P&& OFFICIAL NOTARY SEAL ftgVED 0 ROSEALEE A BRENNAN (C00APR 2' 2003 CMMISSIONNUMBER CC 940770 d My COMMISSM EXPIRES R JUNE2 2 61 REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES A-4 Ll --fl. OPEIM CEREMONIESi- Invo-catton- ghm1Wjft9w#-PastorA1 jaggfth. Pledge of Allegiance led by Mayor. ---RL --IMMR,. C-01=1LJW STAFf AT-T.EXDAh10E----,.C4- Clerks-, Present Absent -Vayor James E. Kirk Council Member Noel A. Chandler --- T 6­ d n-'c- WM i i be r L6 Markham- 7-7 &Zncil Member Dowling R. Watford, Jr. V/ Council Member Clayton Williams TrrR. Cook City Administrator Bill L. Veach - ------ 7CItY-Ctarktane-Garniotea :Deputy Clerk Adriana Berry Secretary Katrina Vinson IV. AND PRESENTATIONS - Mayor. A. Proclaim the week of April 27 -XAaa�y3., 2003, as(�Mu'unicipal Clft'�_We@k--.-'T- A. I q --k , (TY4��L Lkt k-tad-bft- tth- Q-Cft)Ut4� 0�j *--&W�A* Lhere��:�jthe Office of the Municipal Clerk, a time honoreeand vital part of local government exists th-r-o-d§h6bi the- -world;- a fi-a-Mer- 6 a 6, -the- Mice -of Vfe-Vitirit4al ictmi is CY eJ��6 the oldest am b0c servants; and erea� _j�the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of omernme othw-Wn* and*herei&.M1jnir1 Cleft have -pled - o be ever mindful r es�s gged t -- of their neutrality and impartiality, rendering equal service to all; and�, Municipal --Imeft Continually strive-to-ftnprovwethe-ad -, a iistratloo-of-ft affairs of-"Offim of -the Municipal Clerk through participation in education programs, seminars, workshops, and the oplate that we recognize the accomplishments --organiz-A—tign-c-Anj fi re �, !to To 0, an !__p2r of th e Off I ce of t h e M u n i c i pa I C I e rk; fibw- T h ereft-% I, J a rnesM.Yi rk, -by­v- [Ift-e J& th-e ire- ste d- in-ine, 2s,blayw-of laimtheweekof April 27 through May 3, 2003, as MUNICIPAL CLERKS' WEEK, and further extend appruciatiol 1-to-m Mui i 66 Pal -Cferk, mm, and-to,414 Mu nic opal C4erksfor-the vital services they perform and their exemplary dedication to the communities they represent. Ll VALI ra La A, B. Proclaim the month of May 2003, as "Elder Law Month. 1. , I - �- L "WHEREAS, older Americans are a vital national resourc and WHEREAS, Eldi-rLaw'-is a v-it-al pe -older Amerims; and WU% lw�-4 and continually vyvjyjjjgjmof-4&wfdediGat9d to the s cialneedsof WHEREAS, older Americans have legal needs which require special knowledge, expertise and attention,- nd WHEREAS, the State of Florida ronsistently endeavors to befesponsive4o" needs and riqhts of Florida's older citizens so they are empowered to age in a place with security, dignity, and purpose; and W1H@jM,-fib-A60e—my- T-F10—rid—aTWrt:&w Attorneys, Aher-Iderlamt.Sectonnoftb FlorldaBar, Ohe FlqOda Depqrtmpr�t of Elder Affairs strive to inform older Floridians and to make them aware of their legal rights;'-90­W`-T-RERLT0RE-, 13-- ultr atiamt1*3 Florida, do hereby proclaim the month of May 2003 as Ider Law montk' -- --- ------- i�� ------- It 4t, T� a4* Aopucu ft-w PAGE -2- V. MINUTES - City Clerk. ks - m, j�& A. Council Member moved to dispense with the ff�adjqgArjd ro�Le tk mary-9f __?� _ q_avM_ 7Council Action for the April 1, 2003 Regular Meeting; seconded by Council Member A-2 VOTE YEA NAY ABSTAIN ABSENT W1 _RK_ VI. VARRANT REGISTER - CityJA Fdrri�inlst_rator. A. Council Member moved to approve the March 2003 Warrant. Register, in the amounts: kic, �Geneffll Fund, thFee hundFedfifteeer—Tthousand, four hundied seve, ity-seve, , dona, s at, eight cents ($315,477.78); Public Facility Improvement Fund, two thousand, two hundred six dollars and fifty cents. ($2,206. 50); Capital improvements Project Fund (Building) twehty six -thousand, one hundred ninety-one dollars and nine cents ($26,191.09)l CaDital Imp[gverrw �Project Fund (Vehicles) three hundred eighty-four thousand, eight hundred eighty dollars and slAy-threp cents ($184,880 61); Industrial Development Fupd sixty -sight thousand, rhundFed :seventy-two dollars and forty cents ($68,472.40); Law Enforcement Special. Fund four thousand, '-*F--four dollars and thirty-six cents ($4,164.36), secondo V11V IIUII%AIVU )JALY IL .VOTE YEA NAY ABSTAIN AB9ENT KIRK CHANDLER L1001 .Lf S IVIV I IVIS, F%1 1JQ1'11QLJ VII. AGENDA - Mayor. A. Requests for the addition, deferral or f items on today's agenda. _Pbf ..;. Drl 11 Agem, I U r �,-i )-babt� V111. OPEN PUBLIC HEARING FOK ORDINANCE ADOP I ION - Mayor. P U Lf� A. 1. Council Mem6e�r_IM moved to read by title only proposed Ordinance No. 821 regarding -(Exhibit 1); seconded by Council Member Ln b) i,'Vote on motion to read by title only. Ci!y Attorney to read proposed Ordinance No. 821 by title only as follows: AN ORDINANCE ICLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEYWAY LOCATED IN DCK 34, FIRST AnnTION TO SOUTH OKEECHOBEE, AS RECORDEWURIAT BOOK-1,_ UBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN PAGE 17, P A I �-- A ­2­1 RT TH REON AND DIREeTING THE eITY CLERK OF THE CIRCUIT COURT IN AND rOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE PAGE -3- V,f�a Cq45 2. a) Council Member L moved to adopt proposed Ordinance No. 821; seconded by - --" Council Member OW 64bop 00 b) Discussi on. dA I St�.�IM'LLS keaA- ) -f3 . R 'Tokcfts�' " - 'ib�r.JLL P, "-.- Iwisk (L015 AUQj' Ul- W4- kJ -P6 h&f.wLav\-IL��b-, 2, 7 R Lt 'f�6 '-Til w ItAiAb- LUZU." Rd -Ko--K- 4112. Udx AJQR-J,�, Az- -g�Ck, LYU-4a - (L� LL1- '�i - -�a kJ-) VD f �ZQL?'rbc ... 01cs c,r�j --khj Ja�L 4-4 CL4&.�,-,�� P�-� -rv- U 'LL c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATF D WILLIAMS MOTIO DENIED PAGE -4- B. 1. a) Council Member moved to read by title only proposed Ordinance No. 822 regarding _LtU*LL____ -------Re— zoning Agpftaaftliorn-lqo� 03-002-R submifted by EdwardDoigm - City Attorney �EVibM,' seconded by Council Member LVfN b) Vote on motion to VnTI: YFA NAY ARSTAIN ARS;:NT-.--.------- KIRK cHANarm V MARK*M WATFORD V WILLIAMS MOT100ARIji) DENIED c) City Attnmpy fn Ma"rpDaqPd Ord"nanrp No- 822 hy t'tlp only aq follows- " AN ORDINANCE-0E THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF IGBEE BY REZONING A GERTAIN TRAGT OF LAND MORE PARTIGULARLY—­ DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO 7HEAVY MLKCIAL (CHV) ZONING UJIS 1 KIC 1, AMENDING I HE ZONING MAP- � 'ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.�l 2.a) ��T.ounrolMember moved to adopt proposed Ord ;-sawncled-1, 11�11 ��E! rF--'Dlscuss'O LON.- 3. 0-44\1 U i-tw—& wwA i h J-1 L 4- alAj _A-L& V S+&v-, 4 -4c a s A AN I W Ley 60 0DfKDa-h I- Lo fu sla I _f'710 VV at Liu, food" nu_c&paa-_ k4a L'LLU VU #'k C) -,17Vote on rn tion. b" LU riitf VOTE YEA- NAY ABSTAIN WIRK V a_Lu CHANq4ER MARK44 INI WAI S co WILL140 '_)L( il Jy� La 0 X"o bc�kd W 1V1%j I DENIED -\ U PAGE -5- C. 1. a) Council Member moved to read by title only proposed Ordinance No. 823 regarding 11,0- -'1- V F-Xwt-vi iiiyA[jp'ocatioiii",4'-v.vv-vv%;-ixouuifittLruuyr\uiiiietiidi,djutie-EdwEiid --t"omey f Exhibit 3); seconded by Council Member K) Q-1 . c) _City Attorney to read proposed Ordinance No. 823 by title only as follows: " AN QRQ1NANC-UE--. THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF .,DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO — . .— — . —1 --.— -.-. -w I, �11111-IVW I IV%# W I I I. ff.%fI III Ill %0 MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE IDA I F, 2. a) Council Member Ua - moved to adopt proposed Ordinance No. 823; seconded by Council Member —K r� 944'1 )1 b) �.E)iscussion. '11411- 11% Wu L10-4 k/ I 10i 1A 11-���\Jdv"-� - �-&/V'MAL�w 05-00'-3-P- 5-.uhm"4jr-4 kL41�"rLk-4- AM I JEWE WI Ill grj. 1W,V will T1111101 NEW = mo's 11721011 �All 6 , ftchAA 6 c) Vote on motidn.* VOTE YEA KIRK CHAN*kli L /- MA11*1101 t,' WATFO$P- V WILLIAM$ P Uri U-1 / 14, r Awn 0 Iff I A " WOT j 7—V# Close F, Oblic Hearing - Mayor - 1-1%-� %- I-xn - +�' la� + IX, NEW-BUS-INIESS. A. 1. -CoLuacil. -Member maved-to.read-by.lde, m1y. and set.May-.6, 2003,as, a,_pqblic hearing date for proposed Ordinance No. 824 adopting and enacting the new code books A &4- -M.M.6 A%. subsequ changes on motion to read_bytitle only and set public hearing date. ABSENT KIRK MARKHAM WATFORD "b RR� MOT E DENIED W_pm2g�eq dinance No. 824 t e 9 a� follows: AN ORDINANCE _Q�_ _�y jjj__R!y ADOPTING AND ENACTING ANEW CODE FOR THE CITY OF 6kt_t&_06_EE',FLOlk6A_;_ RMADING, FOR THE REPEAI -OF CERTAIN ORDINANCE - - -THEREM;, -_ PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER JDDE_ Or , AfeLPReylDING WI IEN SUC]+C0DE A*aT+",DWANCE- SHALL BECOME EFFECTIVE." Member Qx\ moved to_approve the first reading_ofproposed Ordinance No. 824; seconded by Council Member b) Discussion. Vote on YEA _NA)L ABSTAIN ABSENT KIRK MARKHAM WATFORD MOTIO DENIED PAGE -7- B. Introduction of the new Chamber of Commerce President - Dick M r. me A rx LK -0 0%�, cle) CL POS-J Vd- 4-1 -JIMUILO zli L I 7U 'Y tAf 7-1 Vk.,Ud Ij &dLoc �:Request for Ih C. a fnatio from the City,for the July 4 Liberty Day Celebration and fireworks dis H ;;Mare'a Grar 01 VeM. -WOU, elL LL, SO W 04� P�— -- ju Pr�c n 4aD �tpt,,/fi, (1,?Rjaoi-i (D-I 00 1 4 , - 10 Q=a 0ai-Q, 4' Ur Is IS-f )kA-Ut L _ _ _ _ __ PAGE -9- E. Discussion related to the marketing of the Industrial Park - Dowlin Watford. Ioxw-; boleodan -x-,/ a-,u pd'tc _Rpw- bq jit 4aw ft'-a-&-Q dCA j LAC W4�-t� _�_W jo C4D MILI "-- Ak /ILL' -'U-LL--dj-LwAJ-hS-L" '0 4-) -'S�v- AA 4eld AO N �IA t4:11 )Ic-000p 1 4 ht- - - ------------- PAGE -1 - CITY OF OKEECHOBEE -April 15, 2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MIN.UTES 20M. Cit. Council Regqlg Meetbg,.,6:GQ p.m. -&-,01-ENING CEREMONtES- -tnvocafion c UY jiven � - J�r r At Jeouith. Pledge of Allegiance led by Mayor. --..--..IU.-.MA�XOR.-CO-MCIL-,AND.STAF-F.ATTEN-DAN,CE,-C-i�y,Cle.rk. Pn%QPnt Ahsant Mayor-James-E. &k Council Member Noel A. Chandler --CoufteTVembaT Luwry-Markh am Council Member Dowling R. Watford, Jr. Council Member Clayton Williams —City-Attomy.John-fl, Cook City Administrator Bill L. Veach Deputy Clerk Adriana Berry IV. P - ROC - LAMATIONS AND P R , ESENT - AT 1 0 , NS Ma , y - o - r. A. Proclaim the week of April 27 - May 3, 2003, as "Municipal Clerk's Week." Wherea s, the Office of the Municipal Clerk, a time honored and vital part of local world; and Whemai, the Office of the -Municip I governmen exis Cierk is the oldest among public servants; and Whereas, the Office of the Municipal Clerk provides --d -- . - 6f the professional link between the citizens, the local governing bod'ies an agencies o ---Qovernment.at.oiherlevels�and-Wh-ereas.,_.M_UnicWI IZ[grKshavq p4dged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and Whereas, Municipal Clerk -eordinttalrly strive to4fnprove ft administrati of ft aWs­,of Ahe Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the --armalmeftg-of thvkvtate,-prov1nce� county andintmwationat profess -organizations; and Whereas, it is most appropriate that we recognize the accomplishments of th e Off ice of th-i'Miln '161- pat-C16 rk; -N6­ wTh e-rdfid-re, 1, James T. Khrk, by A rtue -& the, --Authadty.-vpited-in-me,..is-NLoyQr of the City of Okeechobee, do hereby the week of April 27 through May 3,2003, as MUNICIPAL CLERKS'WEEK, and further extend Ica pal C! , Lane Gamiotea and-to-afl-Municipa.1 ClerksJor.the vital services they perform and their exemplary dedication to the communities they represent. B - --'--P'ro-c--I-a-i-�m--t-he-'mo'�n-t--h-of--Ma-y2O-O�,, as 'Elder Law Month WHEREAS, older Americans are a vital national resource; and WHEREAS, Elder Law is a vital Gentinuallyw1wving area o lawAedicatedto the -apecW. needs of-olderfterica.ns: and WHEREAS, older Americans have legal needs which require special knowledge, expertise and WHEREA -the-Statetf Florida ee slalently-endeavore-tobe rimponsWato the needs and rights of Florida's older citizens so they are empowered to age in a place with ",I§fility, iiid-od-ro6-te,-ifn—d-WHtKtAS,-Ih-0 Academy of FioTtda Etdertxw.Attoi, eys, —ft Elder Law Section of the Florida Bar, and the Florida Department of Elder Affairs strive to inform older Floridians and to make them aware of their legal rights-, NIOW-TREREFORE3 12mar. F XW-4-vidue­of tM authority vesW(Lin-me-as--M T of a" -the Qty.Qf Okeechobee, Florida, do hereby proclaim the month of May 2003 as "Elder Law Month." PAGE -2- M1N_U_TE.,ci_-__CJAy_CIerk�_ A. -CounGil_-Mernb r--Nt wift-the reading- and -approve -the Summary of Council Action for the April 1, 2003 Regular Meeting; seconded by Council Member CAk) VOTE YEA NAY ABSTAIN ABSENT CHANDLER IA am A ft�l mi am MP%f%nrr WATFORD AW MOTION DENIED VI. WARRANT REGISTER - City Administrator. A. ..Council Member 'DW moved to approve the March 2003 Warrant Register, in the amounts: Ge n eral Fu nd, th-ree 'h u n dred fifte—en-lb- o_ u s and, f6Ur­hu nd red sevehty'§ev6Jh ToTars Jhd seventy- pight cents ($31.5.477.78J,Pubtiq Facilit y Improvement Fund, two thousand, two hundred six dollars and fifty cents ($2,206.50); Capital Improvements Project Fund (Building) twenty six thousand-i- one�hundre6 ninety-owdollars and nine cents ($26,191.09); -Capital Improvements Project Fund (Vehicles) three hundred eighty-four thousand, eight hundred eighty dollars and �-tlxty-three cents ($384,W.-63y, tndustri�al Devetopment-Fund sixtyweiglht thousmd, four hundred teventy-two dollars and forty cents ($68,472.40); Law Enforcement Special Fund four thousand, c '-($4 -16t.36); de-db- � -C J_ ncMember one hundred sixty-four dollars and thirty-six enis secon e y ou VOTE-- ----YEA---NAY---AWAK --ABKNT KIRK -CMANOLER NAM _,_M�RW WATFMD W MOTION 111!� CRRJIED DENIED Vill. AGENDA - Mayor. A. 'Requests for the addition, deferral or withdrawal of items on today's agenda. Add P01ICe Pgmi6n Und Ot+ Q#IdJ bepore L& rtuss - -�oy jjf_�. seSSIcr VIII. 'OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. (G'OQ PM A. 1.4Council Member DW moved to read by title only proposed Ordinance No. 821 regarding -t&wbmitted-by Stm-and-Wary Porter - WAttofney - .;(Exhiblit 1); seconded by Council Member L rVI on motio to r ead VLtle qnly. AA1 rnahc*\ Cai(ru-cU City Atteffley to read proposed Ordinance 821_�_only_as._fokws__AW0RD1NAWE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEYWAY LOCATED IN J= A 0 ME BLOCK 34,-- F IRST ADDITION TO SOUTH OKEECHOB­EE.-1rVQFr%,� )LkT BOOK t, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN THE CIRCtJIT­tWRT-ff4­AXD I EASEMENT THEREON AND DIRECTING THE (;nY FOR OKEECHOBEE COUNTY, &QUDA; PROVIDING FORAN EFF-EC-TIVE-DATE."-, PAGE -4- B. 1. a) Council Member 'bW moved to read by title only proposed Ordinance No'. 822 regarding Rezoning Applica RWN-o-.� U3-'OU2--R-gUbmittedbyEdw-ar-d-Doug-tas--7C�iyrAttomey-(MIbM,-- -seconded bv Council Member.-.LM----. b) �.Inteonmot*oaAa-ma(ibvt6tlpD*------------.—.---- ve E YEA NAY il —RK rWANrk'1PR MARKk AW -WATEQ1M---, -WILLIAMS MOTIONK6WRRIED) - DENIED AN City Aftomey to read pm[)o--;Pd rd*nqnre No. 822 by title only as follQws: " _ORD NANCE OF L THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF 'OKEEGI 10BEE BY REZONING A GERTAIN TRACT OF LAND MORE P C-1 Il AR DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO ---7REAVYCOMMt:KCtAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. 7 al I'm r' Member Lyn -moyed-ta-adapt posed Ordinance No, -8�segonmd-e-d-by-gqqncil n PrQ. :Member C w ----------- PAGE -5- Mp-mber-- moved-tQ-Lea0y jift-q Ul_pr�qposed Ordinance No. 823 regarding �.'Rezoning Application No. 03-003-R submitted by Kenneth and Julie Edwards - City Attorney --412— �'-2eecmded-by- -u-;1RA--k- VOTE YEA NAY ABSTAIN AB ENT - KIRK R CHAN *1 MARK*M WILLIAMP DENIED �ztityAtto�fteyfor6gdproposed-OrcfinanceNo-823-bytftieorflyasfolows:"ANORDINANCE--OF 0 THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF NTRAZTOFLANIUMOKtPARTtCULARLY �,OKEECHOBEE BY REZONING A CERTAI +-,DESCRBED HEREWFR0M,RESjD%TIAL MULTIPLE FAMILY (RMF), ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING �IMAP AC-00RMGLY,41RGWM FOR CO-NFUCT.S,-SEVERAE11LITY.AND.AN EFFECTIVE. KIRK CHAW�ER < WATO, *D ps IVIOTIONL�(!�RRIED DENIED Public Hearing - Mayor CQ PM PAGE -6- IX NEW BUSINESS. ---- ------ ._�' ouncil- Member DUI moved-w-read-by -fitle- only and setMay 6,2003. as a public hearing date for proposed Ordinance No. 824 adopting and enacting the new code books 8 -Md-subsequentzhWVes - C*AftGrReyJExW"i-6K0nded­ by-Ceunc4Member LyNn b) Vote on motion to read by title only and set public hearing date. -AOTE --.,..-YEA NAY ABSTAIN ABSENT KIRK CHANDLER _-MARK1W__/ WATFORD -VILUAW LCAjRR��IED DENIED C) City Attorney to read proposed Ordinance No. 824 Py jitleTly followsL"' -AN ORDIN.ANCE.. ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF6R(b--- BEE, FLORIDA; R VIDING EOR T CERTAIN ORDINANCES NOT INCI I - IDED-TH MIEW; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER ---�-OFAMENDINGV"GODE;-ANDPRGY'DINGWIIENTA)GHGODEANE)-THIS-ORDINAt4CE- SHALL BECOME EFFECTIVE.11 2.a) CouncilMember Lhj moved to approve the first read in of proposed Ordinance No. 824; seconded by Council Member b) Discussion, J_\ C) 0 LAV) t Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK P-LI A Llr%i;r-n MARKMAM WATFORD— MOTION CFARRIED DENIED 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 mqttet of ' DIVIC C-L 0 1�_ C 1 06 9z___P 'i CLj I x-g E_ S eL g � _-V-0 tj in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. �W_�to and sul�cribed before me this . in ED WN* "All 'N 1hd N *0 to OW41 �GAM A J MEW I I I I'At 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 Count�, Flotida; that the attached copy of advertise- ment, being a in the matter of C_L_ r\ in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 74 Swoi;Wand subsc7fid before nmie th�is��� day of 112L A.D. 20 4-60 CONS .1 OV 'E WOMNG MCE �V W . KW W�VE OAM This Ordinance Is In regards to Alley Closing ftWilefi- No.,58 sub - milled by, r.� and Mrs., Stephen 0. Porter., Thit'.requed Is to close I portion of the North Of South at- 10 loOdedbetween Lots 1, 2,. 1 8 In Block 34, Cfty of Okee. 9boo' localad between South c Parroff and Southwest 2nd Ave- Ausc All members of the public are encour- alled to attend arid participate In, said hearing.'The Proposed ordio none# may be inspected In its en- tirety by,, members of the public In the 0% of the Clty'Clerk during -Mular siness: hours,. f4onday - —Friday, 8:00 a.m., - 4:30 p.n. ex- cept for holidays.. .PLEASE TAKE NiQ'TICE AND BE AD- rsondesiresto P" any s n made by the Council �*M respect to. any 1=61di 11 ItIs'hearing, Mon Will need d ',,Iuch. f record:of the PrOceidings,'arld for 'i,such,Purpdab�may,need to ensure, ,r.­In0d1s made Whit Wrecord In. the ;W60rP and evidence e, upon whIchJh6'..*pft� Is'lo, be based.Xfty44Wt Jor -Are" th for 6ffl clal - tole purp*btbad 10 ProMdln jig, ,,3)4r3,,i, Won 211' of I U 0 -:. Rod4a' Relay ofespa) 7M ASO .9 , - ; 099770. Lane WMI Clerk 11 Notary Public, State of Florida E.armen P.-TrovIn a The Okeechobee N,, P.O. Box 6399 Okeechobeeg 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's 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 A T-= 00 T 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 fur#, --that she has neither Paid nor Promised any person 11on any discount, rebate, commission of refZ ,securing this advertisement for publication in �=fore me this A.D� ?n 03) . . . . rx- --nQr I I Aft NUTICE AND BEAD- MED that N =rson desk* to RnYd n 4nade, W the OWN respect tly I Willi , jny mailer conskWed !at this he&*' such inis"W'POrsOn vdll need � I 46cord of.thq proceedings, AW ,*Such pu"se jor :raj need to enwe W 'Verbatim reco 01 the Proceed_ P '18 made - Which rrecord in_ dUd9s Me t8imony and evid"o uPOn which the appeal Is to., be based. Cily Clark $ are for thp so -of be I= for official 9:xof6the Clerk In ACco(dince with the Americans' *M DWWJ AcMtADA) and %rf- di. Sialidee '86 * , Persons wilh' *"%a needin 4*clal accwn,. 0"M46 P= In thk nrn., Une Gamlolea, C4 Clerk 367667-ON 4141nq .5, 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 VJ�Vz_ M \3V i C, in the matter of —OT— in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I VIF 77 _W_ to, AN members ofthp-p.4bli aged to alland W'! said heaOnq., The Pr nance may be* I . . A b members of MUM Of the city r Ul . business bdu C PLWE TAKE � NOTICE AND VISED that I any person d Vany"deciskin mad yCouncil' wfth4etped matter conskibred'at this such Interested, persqn'wi record of the proaddin 0 h pu 'm n bagTai recor7of Mthe,' R 4 1�, i n4i, n In 19 X_ to ny -Inge Is' madO,'WhiCh record In­ clud6s the testimony and evWbnce .uXn which the:appeal Is ID be b sed s�od.; 'r' a are. for the u "y '�c racor� pose )Cfbaq 11p of the Ie7 In Swor "O'd subscribed afore me this _41 Lane Gamlotea, CRY Clerk '4— _f/ a)o A T-) in 3 67677-ON 4 /4M3 AV unice oi itne innyuji Okeechobee, Floridd'% AS' Ider Americans are a vital national resource; and 'o area of law, dedicate Law is a vital and continually evolving Elder I needs of older Americans; and �.specia, hich require special knowledge,- e.-- JJEREAS, older Americans have legal needs w an ; and attention e' e e ds -,!"--WHEREAs,� the State of Florida consistently endeavors to be responsive to th rights of Florida's older citizens so they are empowered to age inp pose; and ty, dignity, and pur y of Florida Elder Low Attorneys, the Elder Law Sectioniotih -oridd the Acadern e to inform older Rod ----Bar,�and the Florida Department of Elder Affairs striv ware of their legal rights; -Jo,make them a of, Ahev -THER NOW EFORE, 1, James E. lCirk, by virtue of the authority vested in me as Moy6r he month of May 20,03 City of Okeechobee, Florida, do hereby proclaim t Law Morift" hereof I h ave h&eiinto In witness w hand and caused this sea1l. tabe,, >17 am jam" Attest.:3 Lane amlot 77% 1001�4 .V- 0 M"t. �-,` MUMMA— 7 E� 111',fl: Municipal Clerk, a time honored and vital part of local g ee of the Municipal Clerk is the oldest among public servants; and A. I- S ft izens tli� "I abithe Office ofthe Municipal Clerk provides the professional link between the cit bodies and agencies of government at other levels; and unicipal Clerks have pledged to be ever mindful of their neutrality and impartial' tb'all. and Service ofe. 0 46� Munic pal Clerks continually strive to improve the administration of the affairs iff i Mjjnf0i0kl Clerk through participation in education programs, seminars, workshoA and,the inhuit "Y moeting bf.their state, province, county and international professional organizations; add iate that we recognize the accomplishments of the Office of the appropr PwTherefo 1, Janies E. Kirk, by virtue of the authority vested in me, as Mayor of the C of Okc pcho dohemby proclaini the week ofAprfl 27 through May 3,2003, as MUNICIPAL CLERKS go -:111riher extend appreciation to our Municipal Clerk, Lane Gamiotea and to all Munich I pal C cro f6r the ital'services they perform and their exemplary dedication to the communities they James. K, Lane Gandot C1 CITY OF OKEECHOBEE April 15,2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 1. CALL TO ORDER - Mayor: April 15, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith. Pledge of Allegiance led by Mayor. 111. MAYOR., COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry ) IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 27 - May 3, 2003 as "Municipal Clerk's Week." B. Proclaim the month of May 2003 as "Elder Law Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 1, 2003 Regular Meeting. APRIL 15,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. WARRANT REGISTER - City Administrator A. Motion to approve the March 2003 Warrant Register. General Fund $315,477.78 Public Facility Improvement Fund $2,206.50 Capital Project (Bldg) $26,191.09 Capital Project (Vehicles) $384,880.63 Industrial Development Fund $68,472.40 Law Enforcement Special Fund $4,164.36 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.La) Motion to read by title only proposed Ordinance No. 821 regarding Alley Closing Application No. 68 submitted by Steve and Mary Porter - City Attorney (Exhibit 1). b) Vote on motion to ready by title only. C) City Attorney to read proposed Ordinance No. 821 by title only. 2.a) Motion to adopt Ordinance No. 821. b) Public Comments. C) Vote on motion. B.La) Motion to read by title only proposed Ordinance No. 822 regarding Rezoning Application No. 03-002-R submitted by Edward Douglas - City Attorney (Exhibit 2). APRIL 15,2003 - CITY COUNaL AGENDA - PAGE 3 OF 4 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. b) Vote on motion to read by title only. 0 City Attorney to read proposed Ordinance No. 822 by title only. 2.a) Motion to adopt Ordinance No. 822. b) Public Comments. C) Vote on motion. C.La) Motion to read by title only proposed Ordinance No. 823 regarding Rezoning Application No. 03-003-R submitted by Kenneth and Julia Edwards - City Attorney (Exhibit 3). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 823 by title only. 2.a) Motion to adopt Ordinance No. 823. b) Public Comments. C) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS - Mayor. A.La) Motion to read by title only and set May 6, 2003 as a public hearing date for proposed Ordinance No. 824 adopting and enacting the new code books and subsequent changes - City Attorney (Exhibit 4). APRIL 15� 2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX NEW BUSINESS CONTINUED. b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 824 by title only. 2.a) Motion to approve the first reading of Ordinance No. 824. b) Discussion. C) Vote on motion. B. Introduction of the new Chamber of Commerce President - Dick Meyer. C. Request for a donation from the City for the July 4' Liberty Day Celebration and fireworks display - Marcia Crane and Bo Bowers. D. Discussion related to title and salary adjustments in the Detective Division of the Police Department - Chief Davis (Exhibit 5). E. Discussion related to the marketing of the Industrial Park - Dowling Watford F. Recess from the regular meeting to enter into an Executive Session regarding the status of the GRIT lawsuit - Mayor. G. Motion to close Executive Session and reconvene Open Session - Mayor. 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. ExHIBIT I - APRIL 15 AGENDA ORDINANCE NO. 821 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEYWAY LOCATED IN BLOCK 34, FIRST ADDITION TO SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND RESERVING AN EASEMENT THEREON AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of the North to South alleyway in Block 34, City of Okeechobee, as recorded in Plat Book 1, Page 17 Public Records, Okeechobee County, Florida, lying between Lots 1, 2, 7 and 8 of said Block 34. Section Two. The City reserves unto itself, successors or assigns, a utility or drainage easement along the alley, North to South between Lots 1, 2, 7 and 8 of said Block 34. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 15 th day of April, 2003, and shall take effect immediately upon its adoption. Page 1 of 2 LM-1 INTRODUCED for first reading and set for final public hearing this le day of March, 2003. James E. Kirk, Mayor 'ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 15th day of April, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor To: Mayor and Council Members From: Lane Gamiotea, City Clerk i� Subject: Alley Closing Application No. 68, Block 34 Date: April 8, 2003 This is the final public hearing regarding Alley Closing Application No. 68 submitted by Steve and Mary Porter.1he applicant is requesting to close the North to South alley in Block 34, First Addition to South Okeechobee. The Council amended the request to close only that portion of the alley between Lots 1, 2, 7 and 8 since the property owners of Lots 3 and 4 vAthdrew their Letters of Consent and do not vAsh the alley to be closed. All fee's have been paid. The ordinance was advertised in the Okeechobee News on April 4. Thirty-three certified letters were mailed to surrounding property owners. There has been one complaint filed with my office to date. The third property owner within Block 34 -is requesting that her Letter of Consent stand. She asked that the Council strongly consider closing the alley since she and the Porter's own the majority of the property and they are the one's requesting the abandonment. Thank you. I 0� 6 19,doo3 oz 1Z to �,AJLO SYMN AS . A FREtAbT AND DEED THS Page 3 QL Authorized Signature Date t,-�horizgSiignature Date Dmne Robertson, Public Works Director Oscar BermtAez, City Engineer Typed Name & Title Typed Name & Title No objections or comments. Authorized Signature Date D=q Davis, Police Chief Typed Name & Title . ... .. ........... Z W M.� g ions or comments. . . . . . . ... . ..... Authorized Signatur gv�-- Date Keith Tarey, Fire Chief Typed Name & Title objections or comments- 5-" - J-- �:4 -6 -3 — Authorized Signaiure Date Bill Veach, City Mministrator Typed Name & Title APPLICATION APPROVED BY: J1a., - ;P /;7 Irs 9 tAGMAs, CITY CLERK DA(TE Law Gemiatea, m" 0, 7 a -,, :� k C�Y,�2 t dmmmwwmmm� mm lmmom mmu a a a I a -m- -a-- ft�-Aq ANUM 1111411 0 0. WKA li-6M E i W. gf$ Nwinwa is - wms� W-... W-W-IFU V%Vwlnt_lkmftm a-stm % % . . —WMWn m KA" 1 :vu Al KURM Ka L:;, sti mr 11 NOW AU11:110 I -Amtu� mom -a m- 7 M I I 6 E 2 -1 9 'NE H 0 ONS� mmillm .4*10 NLMC wm min &�I-M, wm om 111K1111111 W-Im ".Now I". Millill -que 1601� L LL' z U z 12 z 2 4 mm Willill MMINKM NMI" vu-A Millill liMilillillilliM EM!" EXHIBIT 2 - APRIL 15 AGENDA ORDINANCE NO. 822 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 DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.49 acre(s) from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA THAT: SECTION 1. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Parcel 1: A portion of Lot 3, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Being more particularly described as follows: Beginning at the Southwest corner of said Lot 3, bear Northerly along the West line of Lot 3, a distance of 142.50 feet to the Northwest corner of Lot 3; Thence bear East along the North line of Lot 3, a distance of 9.00 feet; Thence bear Southwesterly a distance 142.7 feet more or less to the point of beginning. Parcel 2: All of Lots 4 and 5, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 5 Page 5, public records of Okeechobee County Florida. Parcel 3: A portion of Lot 6, Block 163, Okeechobee, according to the plat thereof recorded in Plat Book 163, public records of Okeechobee County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said Lot 6, bear Westerly along the North line of Lot 6, a distance of 9.00 feet to the point -of -beginning, thence continue Westerly to the Northeast corner of Lot 6, a distance of 41.00 feet; Page 1 of 2 thence Southerly to the Southwest corner of Lot 6, a distance of 142.50 feet; thence Westerly to the Southwest corner of Lot 6, a distance of 50.00 feet; thence Northeasterly, a distance of 142.7 feet more or less to the point -of - beginning. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTIONS. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 18t of April, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151 day of April, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 -.1 ORDINANCE NO.823 EXHIBIT 3 - APRIL 15 AGENDA 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 DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.482 acre(s) from Residential Multi -Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida that: SECTION I. LEGAL DESCRIPTION The following described land, located in the City of Okeechobee, to -wit: Lots 4, 5, and 6, Block 75, Okeechobee, According to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District. SEC71ON 3. CONFLICT All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page I of 2 M SECTION 4. SEVERABUTY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTIONS. EFFECTIVE DATE This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this Ist of April, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 1 Sth day of April, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 0 0 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 Staff Report Rezoning Req From Multi -Family to Commercial Professional Office Petition No. 03-003-R Preparedfor: The City of Okeechobee I Staff Report Rezoning Request Applicant: 6nneth & Julie Edwards Petition No. 03-003-R I General Information I Petition Number: 03-003-R Owner: Kenneth & Julie Edwards Owner Address: 7595 NE 128 1h Avenue, Okeechobee, FL 34972 Owner Phone Number: 863-763-4906 Applicant: Same as Above Property Control Number 3-15-37-35-0010-00750- 0040 Future Land Use Designation Commercial Commercial Zoning District Multi -Family Commercial Professional Office Acreage .482 .482 Density 13 du n/a Access I N.W. 7"' Street N.W. 7"' Street Location: N.W. 7h Street, Okeechobee, FL 34972 Legal Description: Lots 4, 5, and 6, Block 75, Okeechobee, According to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The Owner requests a rezoning from Multi -Family to Commercial Professional Office to allow a professional office building. 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: Industrial Industrial Feed Mill Single -Family Residential Vacant Residential Single Family Residential Staff Report Applicant: Kenneth & JuNe Edwards Rezoning Request Petition No. 03-003-R Existing Land Use: Vacant Structure West: Future Land Use Map Classification: Single Family Zoning District: Residential Existing Land Use: Multi -Family The subject property is located in a neighborhood that contains a variety of land uses including industrial and warehousing to the north, single family to the east, a triplex and duplex to the west, and a condemned single family home to the south. In the extended area there are offices, a church, motels, and commercial businesses. It is also likely that the proposed courthouse, which is located less than three blocks to the south, will place pressure on this area for additional office use. Given the analysis of the immediate area, the proposed use appears to be reasonable. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. This site was the subject of a small-scale land use map amendment approved March 4, 2003 by the City Council. The Future Land Use Category for the subject property is Comm ' ercial making this request to rezone the subject property to Commercial Professional Office consistent with the City's Comprehensive Plan. 2. The proposed use being appliedfor is specifically authorized under the zoning district in the Land Development Regulations. The Commercial Professional Office category permits office use. The applicant is proposing a professional accounting office. 3. The proposed use will not have an adverse effect on the public interest. The proposed use will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed land use is compatible with the adjacent and nearby uses which include office, industrial and commercial uses. Furthermore, the proposed office use will only cause minimal traffic impact in the area. The existing Single Family Land Use District is also situated in an area that is buffered by Industrial to the north and Commercial to the east and south, thus making land uses such as office more compatible with the larger scale development of the area. Staff Report Applicant: Kenneth & JuNe Edwards Rezoning Request Petition No. 03-003-R 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use will not have an adverse effect on property values in this neighborhood and will likely help to spur some redevelopment of nearby substandard properties. 6. The proposed use can be sui ' tably bufferedfrom surrounding uses, so as to reduce the impact ofany nuisance or hazard to the neighborhood Appropriate site design standards will be applied requiring buffering and landscaping to help minimize any possible nuisance or hazard to the neighbnorhood. 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 will not create any density problems that would overburden any public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affectpublic safety. Traffic should be minimal. Appropriate site design and drainage facilities will help mitigate any potential for drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Tlie proposed rezoning will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. I Summary and Conclusions Prior to Certification The subject property is located in an area of mixed land use such as industrial, multi- family, office and commercial uses. Commercial land use and zoning districts are located as close as one-half block away to the south and to the east of the subject parcel, and parcels designated with the Public Facilities Future Land Use Category are located as close as two blocks to the south. Industrial land use is also located across the street to the north of this property. There are condemned residential properties next to this property as well. Given the existing condition and uses in the area, the proposed office appears to be compatible and should help to improve property values. Staff Report Applicant: Kenneth & JuNe Edwards Rezoning Request Petition No. 03-003-R The proposed use is also consistent with the Comprehensive Plan; therefore, based on the findings of this analysis, Staff recommends approval of the request to rezone the subject property from Multi -Family to Commercial Professional Office. Landscape Regulations The proposed use will be subject to the landscaping and buffer requirements of City Code Section 500, Landscape requirements. Attachments I Attachments to this Staff Report include the Future Land Use Map indicating the location of the subject property. Submitted by: James G. LaRue, AICP March 19,2003 CITY OF OKEECHOBEE General Services Department 55 SE Third Avenue Okeechobee, FL 34974 Phone: 863-763-3372 FAX: 863-763-1686 Date -A LIP-0 Petition No. 03-oo-3- P, Zoa rd ?I A--q- --- -Jurisdiction: %J FecPaid: Notices Mailed: 3- 7-03 IstHearing �L6, =90a3 2nd Hearing. A -7-031- q-/7-03 (if rnait;md) Uniform Land Use Application IPlease attach separate sheets for required additional infop7nation) See Resolution No. 98- 10: 1 "PROOF OF INTEREST IN PROPERTY" for required additional information. Name of property owner(s): r- Y-� - L 6L K J -4 tJ ot t-j c�,/ I t k 1. 6 A- '% 6J.1 -e Mairmg address: 6' N I-, k e &OK e e r4Z -e r-, I-L a, Property address: W 15 SI-ic c c Qc- e e- cl-a 16,e e, V f 7 Name of applicant, if other than owner (state relationship): 1�,e ^ , , 4-L- Z-el L-j A, ir e 14 11 1 Tel hnnn n7imbnm- T-Tnrne-.I-X3 - YJ 0 & Mnhilelrell. V!,4 - 7SIP, Wnk- 1,3q- 7 S'�X-6 Png= IPT=A4= Ar-rAr,=T=r-AT n=ctiDTP*MnM See Resolution No. 98-10:2 -TPOPERTY SURVEY AND LOCATION MAP" forrequiied additionatifforniMim Future Land Use Map designation:lfi LT ITr - :� 19 f,.TLY Current Zoning Classification: M Lf (j?, Approximate acreage or square feet , 31,9 � A C t e Part of platted subdivision? r4 Type and gross area of any existing non-residential uses on site: e- Number and type (conventional, manufactured home, etc.), gross area of any existing dweUing(s) on site: (1 0 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 Ordinance? 0 Yes UITO If yes, please describe: Have there been any land use applications concerning all. or part of this property in the last year? 13 Yes Ul�o If yes, indicate date, nature, and applicant's name: Briefly describe use of adjoining property' -- East IJ North: ala South: N&- i-LAA fC, West- ON �,k A -1 Check type of appUcation, complete appropriate sections, and sign reverse side of application. V U%1VU 70-LV.-t -2 LCLL�41-11 Proposed Zoning Classification: I Vf -e C 0 ?**d-S 5 'V - I 11E- 69A6Z'C I I V c, If granted, will the proposed zoning classification be contiguous with a like zone? , , o When development is proposed, see Resolution 98-10:9 "ENVIRONNMWrAL ANALYSIS" 10"PUBLIC FACILITY I MACT ANALYSIS", and 11 "SIGN PLAN" (where applicable), for required additional information M 11N I Is ji Rnecial Pyt-t-ntinn ne�e.,-nnij= for =pr intpp�&d llqt-? 11 Y" mi�n variaft=9 0 (over) EXCEpTION USE REGULATIONS- Of tbLo City of Okeecliobee plications, ask for Section 700 "SPECLAL For Special Exception AP Describe the Variance so At Supplemental supporting information: Demonstrate that the variance isneeded to overcome OL hardship caused by the unique U z physical conditions of the site: Specify the minimunivariance requirement including. height, lot area, size Of structure, > size of vard, setback, b Details of administrative decision Under appeal, including name of individual issuing decision7-date of issuance, and written copy of decision: ,41 Peasons for of decision: information: CONFMqATION oir WoRMAT1011 ACCIMACY I hereby certify that the information on this application is correct TbLe 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 ($500.00) and imprisonment Of up to thiay (30) days and may result in the summary denial of this application - Date Rew. 8100 February 26, 2003 Kenneth D. Edwards 7595 Northeast 128hAvenue Okeechobee, FL 34972 City of Okeechobee Okeechobee, Florida Re: Lots 4, 5, & 6 Block 75, City of Okeechobee Dear City of Okeechobee, I currently have a contract for sale on the above referenced property contingent on a change in the future land use map and a change in the zoning to allow for a professional office building. The existing uses of the surrounding properties include multi -family, industrial, and commercial. Sincerely, Kenneth D. Edwards 1-01 rs'=i in m..tcr 3-15-37-35-0010-00750-0040 umnt,:c it TIN; 265-63-4693 Onintec 1211N. 595-05-0075 Warranty Deed Ilds Indenture, madc this day of JEANETTE LAIU41%Y, a married woman, oil U 44 7 PAGE 14 6 Ili O(Xumtlntary Stamin Paid In the amount of $ 91.00 CI�Zs of S L December, 20 00 A.D., Between of the County Or Volusia t Staten! Florida grantor, and KENNETH D. EDWARDS and JULIE EDWARDS, his wife, �hases-jdrnssia:7595 N.E. 128th Avenue, Okeechobee, Florida 34972 of1har'Watyor Okeechobee I stAwa Florida , grantees. Witnesseth that the GRAMMIt, rn- and in Con.i*ralicta Of the sum of — — — — — — — — — — — — — — - - - - - - - - - TEN & N01100($10.00) - - - - --- - - - - noi.LARs, and wherrotad mrulwNathic cnaxidcrstlion to GWITOP It. hand pAidbyOPAN'MRS. the receipt �herett(is hcmby.cVnr�icdgcd,h&v gnaled, bargained and told to (lie said CiPA141711M and GRAMIMIT heirs anti &"Iry forever, the follcming described land. situate, lyingandiscinglethcCourtryof Okeechobee sLicof Florida towit-. Lots 4, 5, and 6, Block 75, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Ckeachobee County, Flovida. The property herein conveyed does not: constitute the homestead property of Grantor. SUBJECT to restrictions, re,-ervation.i and easements of record, if arty, which are not reimposed hereby, and taxes subsequent to December 31st, 2000. P�F-CO'414 nrr I I� V,t In*. 59 3 14 5 9 0 S4ARCII ROBERTSO!i ct.C2K ()r CIRCUIT COIJRT and the linntordecs hereby fully vesn,ant the 11:1c to said laud, and sill de,cnd the same sitting la%-ful claim% of all persons whornsc,-%mr. In Y-ri ess creof, the rMitior has hereunto set her hAid and scat the day and ycAr fiml mbo,,t written. cl:sdS.1 tl�iiycrcd In our prctiSnee: I P��i t ad ame Witn "I A� IA3, Ponce Inlet, FL 32127 Priil.tbd`-N`96e: r7aet- L Witness STATL� 01- FLORIDA R COUNTY OF VOLUSIA r', The forctoing Instrument wet ackAow;cdKcd before me this day of December, 2000 by T JEANETTE LARMAY, a married woman, U R who it personally kno-m tome or who has prnduced her Drive vs rjicense N at This Dom.meno Prepared 11r. - . TOM W. CA:NM.Y. 111 T alt 4, � A CO?iM.Y A CONMY, r.& 0 Printed Naine: M%r 0171-IM DP.%YMR LM7 NOTARY P1.11111C 111. :WMIX7 My Commission VArAms: A=j ?n 1- 1-* * M * my Commission CC63339? N.."IF-Pir's"3.2M3 r 5,01 9 9,01 SIP ?1. 11, ol L Ln It - 9 _. L 9 5 Vir 5,111 571, 5-01 sw 5"ir 6-9p, 11 01 9 11 ol Cl u E E L 9 6 517) 57P 5 LF 01 B 9 Z E 01 L 4WEi Z5 0? Ll 91 Vl ET E 5 L 9 E ZI I 1 01 L . U - 6 I as osj 06 11 01 5 L V U V 9 9 La Ll 91 -91- vi ?1. 11. 01. 5 8 1 1 E . t - S 9 1 El. 11 1 01 6 9 � L I � a E I V 9 9 ol 57PI 57PI 02 51 L Ll 9 91 9 6-9 S) E El A m U, )I. ol \,5 9 05 L 05 "W. D5 D6 01. 6 9 L E 9 I -IS HIN30-13) ol 6 9 L 1. 2 1 E I V. S. 9 11 01 rn E I 'is 11 DI Z E 1 or I 13381S H os OS I -IS HIJ-13MI 3 al b 11 01 6 B L zi 11 0 Lu 11 . 7?E 9 9 DS ps m m ( '3AY 31YR I 13381S 1 sat to ut ol D? 01 61 91 . . . . . .. . . L . L L 9 . . . .. . . 91 . . . . . V Vl E BOUNDARY SURVEY LOCATED IN SECTION 16. TOWNSHIP 37 SOUTH. RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY. FLORIDA DESCRIPTION Lots 4. 5 and 6. Block 75. OKEECHOBEE. occ-dinS to the plot thereof recorded in Plot Book 5. Page 5. Public Records of Okeechobee County, Florida. SURVEYORS NOTES Subject to casements and restrictions -of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seat of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. mrw SURVEY- DATE: DECEMBER 19. 2000 'z' 0 NW 7TH STREET d ni wo rpm ell W Ze" 3"W —1 Wit M . \' wr fo Lands shown hereon are in Flood Zone C. as scaled from LOT LOT 5 LOT 4 LOT 3 FEMA FIRM panel no. 120177 02008. doted 2-4-81. 6 1 1 Address: NOT ASSIGNED r/1", SURVEYORS CERTIFICATE I hereby certify that the attached sketch of the hereon described property is true to the best of my knowledge and belief in the field under my direct supervision. the qualifications noted hereon. Jo­m e S R. Almond. PSM Professional Surveyor—Mopper Florida Registration No. LS5081 3W 1 SI/03 cow=m STAM ECf ft. 1600 T OF H^r or �-f WJWOWV ZI BLOCK 75 of survey OKEECHOBEE and correct PS 5. PG 5 as surveyed > < OKEECHOBEE COUNTY Subject to FLORIDA C=1 so ur ft. sar Uff"'. um Wr ve -ft PS. Mel 20' ALLEY ~a 5SM 21 LOT 7 LOT 8 LO-T 9 LOT 10 PREPARED FOR: KENNETH EDWARDS CITY OF OKEECHOBEE PLANNING BOARD MARCH 25, 2003 SUMMARY OF BOA" ACTION 1 of 4 AGENDA ACTION - DISCUSSION - VOTE 1. CALL TO ORDER - Chairman. order at 7:02 p.m. Planning Board, March '15, 2003, 7:00 p.m. Chairman Walker called the March 25, 2003 Planning Board meeting to 11. CHAIRMAN, MEMBER AND STAFF ATTENDANCE - Secretary. Board Secretary Vinson called the roll: Chairman Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Lefferd Board Nlember Christopher Mavroides Board iNlember Douglas McCoy Alternate Member Sandra Jones Attorney John R. Cook Secretary Carolyn Arnold Secretary Katrina Vinson Ill. MINUTES - Secretary. Present Present Absent (with consent) Present Present Present Present Present (serving as voting member) Present Present Present A. %,lotion to dispense with the reading and approve the Summary of Board Action Board Member Lefferd moved to dispense with the reading and approve the Summary of Board for the January 28. 2003 regular meeting. Ill Action for the January 28, 2003 regular meeting. Board Member Keller seconded the motion. �1?1111 I �� CREECH - YEA JONES - YEA KELLER - YEA LEDIFERD - YEA MAVROIDES - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. March 25, 2003 - Plannin2 Board - Page 2 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 IV. NEW BUSINESS. A. Rezoning Petition No. 03-002-R. Consider a recommendation to the City Council to rezone 911 N.W. 2" Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). The property owner and applicant is Edward W. Douglas, D.C. Mr. Donald Murray of LaRue Planning and Management Services gave a brief background of the subject property. Mr. Murray explained that this property is Commercial on the future land us e map. He stated that the surrounding property consisted of some residential property, church. auto repair. and a grocery store and that Heavy Commercial is appropriate. Planning staff recommends that the Planning Board recommend to the City Council to grant approval of Petition 03-002-R. to change the zoning classification from Residential Multiple Family (RMF) to Heavy Commercial (CH�) located at 911 N.W. 2"' Street. Board Member Ledferd questioned, why should the property be zoned Heavy Cornmercial instead of Commercial. Mr. Murray stated that the City does not have just a commercial zoning, and the proposed use is permit able in Heavy Commercial. Mr. Edward Douglas. applicant. addressed the Board. Mr. Douglas asked if the nine foot addition was included in the petition. Secretary Arnold. informed the Board Members that the subject property is diagonal in shape, less three feet on one lot, nine feet extra on the other side. In answer to Mr. Douglas' question.. yes the addition was included in the petition. There were no further public comments. There was no further discussion from the board. Board Member Keller moved to recommend to the City Council to grant approval for Petition 03- 002-R. requesting to change the existing zoning classification of Residential Multiple Family (RNIF) to Heavy Commercial (CHV) as recommended in Planning Staff- s report. Board Member Ledferd seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MAVROIDES - YEA WALKER - YEA MOTION CARRIED. March 25, 2003 - Planniniz Board - PaLye 3 of 4 11 AGENDA 11 ACTION- DISCUSSION - VOTE 11 IV. NEW BUSINESS CONTINUED. B. Rezoning Petition No. 03-003-R. Consider a recommendation to the City Mr. Donald Murray of LaRue Planning and Management Services, gave a brief background of the Council to rezone the property located within the 200 Block of N.W. 7 h S treet subject property. Mr. Murray explained that this petition is a companion petition with a small scale from Residential Multiple Familv (RMLF) to Commercial Professional Office map amendment. approved by City Council. He explained that the Planning Staff recommends that (CPO). The property owners and applicants are Kenneth and Julie Edwards. the Planning Board recommend to the City Council to grant approval of Petition 03-003-R. to change the existing zoning classification from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) located within the 200 Block of N.W. 7" Street. There were no comments from the public. There was no discussion from the Board. Board Member Keller mo,, ed to recommend to the City Council to grant approval for Petition 03- 003-R. requesting to change the exisiing zoning classification from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) as recommended in Planning Staff's report. Board �,vlember Ledferd seconded the motion. VOTE CREECH - YEA JONES - YEA KELLER - YEA LEDFERD - YEA .,VICCON'- YEA MAVROIDES-YEA WALKER - YEA MOTION CARRIED. March 25, 2003 - Planning Board - Page 4 of 4 11 AGENDA 11 ACTION - DISCUSSION - VOTE 11 V. ADJOURNMENT - Chairman PLEASE TAKE NOTICE AND BE ADVISED that ifany person desires to appeal any decision made by the Plannimz Board There being no further items on the agenda, Chairman Walker adjourned the meeting at 7:13 p.m. with respect to an� matter considered at thi s proceeding. such interested person will need a record of die proceedings. and for such purpose ma� need to ensure a verbatim record of tile 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 records of the Department. I Jerry Walker, Chain-nan ATTEST: Katrina Vinson, Secretary EXHIBIT 4 - APRIL 15 AGENDA ORDINANCE NO. 824 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF OKEECHOBEE, FLORIDA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDIMG A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. The Code entitled "Code of Ordinances, City of Okeechobee, Florida," published by Municipal Code Corporation, consisting of Chapters 1 through 90, each inclusive, is adopted. SECTION 2. All ordinances of a general and permanent nature enacted on or before November 19, 2002, and not included in the Code or recognized and continued in force by reference therein, are repealed. SECTION 3. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. SECTION 4. Unless another forfeiture is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500 or a term of imprisonment not to exceed 60 days or both a fine or term of imprisonment. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The forfeiture provided by this section, unless another forfeiture is expressly provided, shall apply to the amendment of any Code section, whether or not such forfeiture is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. SECTION 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. SECTION 6. Ordinances adopted after November 19, 2002, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. SECTION7. This ordinance shall become effective immediately upon fts adoption. Page 1 of 2 "M INTRODUCED for first reading and set for final public hearing on this 16th of ApdL 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 6th day of May, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 ExnIBIT 5 — 'City of Okeechobee APRIL 15 AGENDA 0 Police Department Mayor and Councilmen, The position of Detective in our department in the past has always been a lateral transfer from the Road Patrol. Meaning that it is not a promotion, and that the responsibilities of both positions are similar. This is however, not correct. A Detective is responsible for the Road Patrol Job Description, and in addition, is responsible for the Job Description of Detective (enclosed). A Detective is generally a senior, and experienced Officer in the Department whose responsibilities exceed that of a Road Officer. It is only fair that those positions are compensated appropriately, and I have found a way to accomplish that with minimal cost. Our Department currently has a Corporal Position. That position has a base salary of $3 1,190. Our Detective's have a base salary of $29,5 99 plus they get an additional $1000.00 for "On Call Pay" bringing their salary to $30,599, just $591 less than a Corporal. I propose that Detective's in our agency hold the position of Corporal. That we incorporate their "On Call Pay" into their base salary, and then add the additional $591 to bring their base salary to that of our current Corporal. The total cost for the above changes is $1182.00 a year for the salary changes necessary to promote our Detectives to Corporal. The pay increase would not become effective until the new budget in October. I believe that I have found a way to keep the cost for these necessary changes to a minimum, and your consideration in this matter is greatly appreciated. RWe Chief Denny Davis 50 S.E. Second Avenue - Okeechobee, Florida 34974 - 863/763-5521 - Fax: 863/763-7804 OKEECHOBEE POLICE DEPARTMENT OPERATIONS Pli-iNUAL DATE REVISED: 10/01/94 SUBJECT: CLASSIFICATION SPECIFICATION DETECTIVE JOB SUMMARY The job is located in the police department. Lateral transfers will only be made at the direction of the Chief of Police. Detectives are normally assigned to a generalized investigative function within the Detective Division. These generalized investigations are inclusive of preliminary, follow up investigation and intelligence gathering investigations. General job functions include: (A) Reporting and Documentation; (B) Training; (C) Enforcement of Federal, State and Local Laws; (D) Preservation of Safety, Peace, and Security; (E) Protects, Collects and Analyses Information and Evidence; (F) Conducts and Directs All Kinds of Investigations and (G) Miscellaneous. In addition to the skill, knowledge and ability generic to the classification, there may be positions with additional requirements. DUTIES AND RESPONSIBILITIES Reporting and The Detective performs a wide range of Documentation tasks which require him to make formal narrative reports. These reports are both oral and written and are for the purpose of recording and documenting events, information and evidence. Duties and responsibilities is the area of reporting and documentation are, in some instances the same as for the Police Officers, Corporals and Sergeants. Those instances of similarity are with offense reports, complaint reports, medical examiner reports, juvenile referrals forms, State's Attorney forms, arrest/affidavit forms, evidence and property chain of custody forms, vehicle impoundment forms, request for lab analysis of evidence forms, voluntary waiver forms and booking forms. (36) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL Further similarities are in verbal communications with the public, testifying in court. Additional duties include verbal communications and advice on cases with the States' Attorney and obtaining search and/or arrest warrants by formulatinv the technical and legal wording, dictating to a secretary for typing and presenting documentation and oral sworn testimony to show probable. Training Occasionally performs part-time duty as an instructor on investigative tech- niq�ies in departmental in-service training. Enforcement of Duties and responsibilities in the area Federal, State of enforcement of Federal, State and and Local Laws Local Laws are the same as for Corporals and Sergeants. Preservation of Duties and responsibilities in the area Safety, Peace of preservation of safety, peace and and Security security are virtually the same as for Police officers, Corporals and Sergeants with the exception of directing traffic. Protects, The Detective completes diverse tasks Collects and for obtaining information and evidence Analyzes pertaining to crimes and criminal Information and activity. The Detective must also Evidence ascertain the relativeness of the evidence. Some examples are: Interviews/interrogates witnesses, sus- pects and others. Protects evidence and crime scenes to keep evidence from being destroyed, altered, or carried in or out. Requests assistance in the form of professional opinions or special equip- ment from doctors, lawyers, psychologists, etc. Compares and evaluates information and evidence obtained from suspects, witnesses, victims and the crime scene. Looks at the crime scene in order to take notes, photographs and other (37) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL optical recordings plus observations concerning the type of crime, people involved, types of evidence involved and all other worthy information avail- able from the scene itself. Conducts and The Detective has the responsibility of Directs conducting thorough investigations of Investigations criminal acts from their inception to their conclusion in court. This involves directing other people as to what tasks �o perform and what information to seek in order to identify and prosecute an offender. Some examples are: Coordinates the crime scene activities of others based on the determination of who does what, where, when and frequently how. Issues specific instructions to persons involved in the investigation of a crime. Selects and cultivates informants who know, or have access to, information or evidence concerning criminal activity. Directs informants and departmental personnel as to how, where and when to associate with persons engaged in illegal activities in order to arrest violators or obtain information and evi- dence. Reads and interviews reports made by others in order to obtain as clear a picture as possible to aid in directing an investigation and prosecuting it. Miscellaneous Duties and responsibilities in this area are substantially the same as for Police Officers, Corporals and Sergeants. JOB REQUIREMENTS Ability to control personal emotions and reactions. Ability to communicate effectively, both verbally and in writing. Ability to make decisions. (38) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL Ability to adapt behavior in relation to the work environment. Ability to learn. Ability to interact with others. Ability to maintain high ethics. Ability to maintain personal hygiene. Ability to develop and maintain good powers of observation and memory. Ability to develop and maintain physical agility and strength. Skill in recognizing and identifying criminal acts. Skill in conducting crime scene investigations. Skill in investigating crimes from their beginning through the court case preparation and the prosecution. Knowledge of juvenile procedures. Ability to command respect of fellow employees and public. Knowledge of human behavioral characteristics. Skill in obtaining and serving search warrants. Ability to remain objective. Knowledge of laws and legal requirements. OCCUPATIONAL CHARACTERISTICS Difficulty The Detective difficulty criteria is essentially the same as for a police officer. However, the tolerance for error in his decision making is lower if anything. The Detective has consid- erable effect on the quality of his out- put. Diverse assignments come in terms of need and he is required to decide how to do all or part of the job. Instances of assignments cover a wide range of criminal activities calling for dif- ferent investigative methods. Once the situation is assessed, the Detective makes a choice by applying guidelines (39) OKEECHOBEi—IOLICE DEPARTMENT OPERATIC) — MANUAL for selecting an appropriate method. Results have far reaching effects and are viewed by the public, State offic- ials,City officials, and intra-depart mental personnel. He must possess the ability to take another persons life. Interpersonal The Detective must establish a rapport Relationships with members of specific professional communities. These relationships assist him in bringing investigations to a s�ccessful conclusion. He works closely with business executives, medical doctors, psychiatrists, attorneys, social service workers, outside law en- forcement officials and other profes- sionals. The Detective routinely talks/ confers with individuals or groups of all socio-economic levels to provide and secure information, direct their movements and resolve problems utilizing terminology and phraseology consistent with their sub -culture. The Detective is required to be keenly sensitive to and perceptive of other person's relevant characteristics or state of being and to be aware of subtle or complex feedback so as to adjust his own behavior accord- ingly. Workin� The working conditions are virtually the Conditions same as for Sergeants. Physical Physical requirements are the same as for Police Officers, Corporals, and Sergeants. Supervision Essentially the same as for a Police Officer with the addition of evaluation of work quality depending to a greater degree on the final disposition of case assignments. (40) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL DATE REVISED: 10/01/94 SUBJECT: CLASSIFICATION SPECIFICATION POLICE OFFICER JOB SUMMARY This job is located in the police department. Prior to initial job assignment, the employee is required to successfully complete college level work in the Indian River Community College Police Academy as prescribed by the Criminal Justice Standards and Training Commission. Upon completion of the Academy, the officer is normally assigned field duty. Field duty consists of both routine and complex law enforcement responsibilities. General job functions include; (A) Reporting and Documentation; (B) Enforcement of Federal, State and Local Laws; (C) Prelim- inary Investigation; (D) Preservation of Safety, Peace and Security; and (E) Miscellaneous. The employee usually works independently which necessitates a high degree of self-discipline, integrity and decision making c�bility. In addition to the skills, knowledge and abilities generic to the classification, there.are specialty positions requiring others. These positions are: Marine Patrol officer, Identification Officer, Property Management Officer and Animal Control Officer. DUTIES AND RESPONSIBILITIES Reporting and The police officer performs a wide range Documentation of tasks which require the officer to make formal narrative reports. These reports are both verbal and written and are for the purpose of recording and documenting events, information and evidence. Some Examples are: Complete a Uniform Citation form by writing in the required information in order to legally charge a traffic offender in county court. Prepares a narrative summary report of details of traffic violation for court officials. Completes a Florida Accident Report by writing in the.required information as well as composing a narrative summary (41) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL of the details of the accident and its investigation in order to legally Jis- charge his duties as an accident invest- igator. Completes an offense report in a narr- ative style on any and all tasks performed and information gathered in the investigation of felonies and more serious misdemeanors in order to gather in logical seq�ence the details of a crime and its investigation. Dictates narrative reports on tasks per- formed and information gathered on all calls for services. Completes Medical Examiner Reports by writing in the required information and compiling a narrative description of the details of an unattended death and its investigation. Completes Juvenile Referral Forms for the Florida Division of Youth Services by writing and composing a short narr- ative describing the details of an investigation and the apprehension of a juvenile. Completes a State's Attorney form for all felons arrested by writing in the required information and composing a short S�immary in a narrative style describing details of the offense and its subsequent investigation. Completes Arrest Affidavit Forms for all non -traffic arrests and for all persons for whom it is desirable that arrest warrants be issued by writing in the required information and a summarized narrative describing the essential de- tails of the offense for which the subject was charged. Completes various other report foiins by writing in the required information, such as correction notices, courtesy notices, faulty equipment notices, park- ing tickets, vehicle impoundments inven- tory, refusal to submit to chemical test for intoxication forms, request for blood analysis forms, request for labor- (42) OKEECHOBEE POLICE DEPARTMENT OPERAT_NS MANUAL atory analysis of evidence forms, voluntary waiver forms and all the various booking forms. If the Police Officer is a qualified alcohol breath technician and/or a radar operator, he has further respon- sibilities for alcohol influence report forms, blood alcohol concentration forms, test logs and radar arrest logs. If a alcohol breath instrument main- tenance operator. He is further respon- sible for the monthly breathalyzer main- tenance form and checklist. Discharges many of his duties by verbal communication with the public. Testifies in court by verbal commun- ication. The officer must have knowledge of and be able to perform a broad range of law enforcement duties. These duties are defined by and regulated to Federal and State Laws, Cit Ordinances, Case Laws, Departmental PoTicies, Procedures, Rules and Regulations and recognized methods and techniques of criminal and traffic enforcement. Some examples are: Arrest suspects and offenders when pro- bable cause for such arrest exists. Writes traffic citations to violators of State and Local Traffic Laws. Shoots pistol to defend self and others. Tnspects licensed establishments to insure compliance with State and City Laws. Patrols assigned zone by driving a police vehicle, observing peopie and things in order to act as a crime deterrent. Responds to appeals for service, help and complaints and endeavors to satisfy the needs of those citizens requesting aid. (43) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL Verbally warns offenders to cease illegal behavior in order to prevent further breaches of peace. The deter- mining factor for either warning or arrest lies in the extenuating circum- stances surrounding the situation. Removes abused or neglected children from their immediate environment and places them in the custody of State Services. Preliminary The officer performs diverse tasks which Investigation involve the recognition, collection, preservation and analysis of evide9ce and information. These tasks often require the officer to use initiative and creativity. Some examples are: Interviews/interrogates victims, suspects and witnesses. Inspects buildings to locate unusual activity, criminal activity or suspicious people or activity. Executes search warrants for vehicles, building and people. Acts/role plays in a required manner to assume the character image of many diversified groups to accomplish his task goals. The officer assists groups and indi- viduals preventing opportunities for crime. Officers aid and give comfort to those who are in distress. Some examples are: Assists stranded motorists by summoning the help they need. Directs and controls traffic by giving hand signals and blowing whistle in order to maintain traffic flow. Talks with citizens to p�ovide advice/information on criminal and civil law, gives direction or aids people in solving criminal problems. (44) "...W OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAL Determines if a person is dangerous to himself or others and responsible 'or their actions by evaluating the mental stability of the individual. Gives first aid to victim of crimes and/ or accidents in order to preserve life and prevent further injury. Recovers stolen property by any legal means available such as being diligently alert for known articles, being aware of suspicious circumstances which tend to indicate the possibility of information as well as open calls from citizens offering information and assistance. Performs inspection services which include, but are not limited to routine and non -routine examination of doors and windows of businesses and homes which may be potential targets for burglary; garages, and parking lots for potential auto thefts, and parks, bowling alleys, pool halls, bars, theaters, and any place where people gather in order that his presence will help reduce the initiative of a potential criminal and/ or trouble maker, and failing this, so that he might be close enough to a pro- blem when it occurs that he might appre- hend the wrong doer, or at least minimize his anti -social efforts. Miscellaneous In addition to above listed job function the officer must perform many other job related tasks. Some of these tasks are: Talks on police radios to communicate with headquarters and other officers. Maintains duty weapon and other uniform equipment. Verbally notifies parents and guardians of arrest or detention of a juvenile. Verbally confers with the State Attorney in order to answer questions or give advice concerning all aspects of a criminal case. Verbally communicates with other officers to exchange ideas, information (45) OKEECHOBEE POLICE DEPARTMENT OPERATIONS YtT.NUAT and solutions to law enforcement problems. Occasionally performs specialized duties such as, but not limited to: a) Alcohol Breath Technician, whic"kl involves intensive training to receive a basic knowledge of several physical, scientific, chemical, and mathematical principles in order to effectively function. b) Radar Operator, which also involves training in excess of that received in the basic Academy in order to effectively function. Occasionally takes fingerprints of arrested persons and of job applicints as a public service which includes ink- ing the subjects fingers and guidi:ig them in specified ways in order to obtain acceptable and readable prii,ts. JOB REQUIREMENTS Difficulty This job consists of work situations which are of non -repetitive nature. Many complex decisions are based on concrete and abstract variables requiring a high degree of accuracy. This is particularly evident in life or death situations. Decisions are frequently made under stress and the officer is held account- able for the end result as well as the legality by which that result was reach- ed. Situations occur which may result in the taking of another person's life as well as the loss of his own. Interpersonal The employee routinely talks/confers Relationships with individuals and groups of all social economic levels to provide information, direct their movements and resolve problems of mutual interes'--f utilizing terminology and phraseolig consistent with their sub -culture. TKe officer works closely with other law enforcement agencies, other officers and professionals, such as lawyers, doctors, Judges etc. (46) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAT, Workinv The officer is subjected to stress reg- Conditions ularlyiiMost positions within this classi cation require the individual to work on rotating eight hour shifts under all environmental conditions. Due �o the weekly shift rotation, the officer must be able to re -adjust eating and sl�eping habits. The employee routinely encounters both safety and health hazards and occasion- ally is subjected to bodily the ossibi . 1 �arm with p ItY of loss of ife. He is subject to emergency callouts and occasionally extended tours of duty. Frequently, the officer is required to testify in court during off duty time. The officer must be able to drive a motor vehicle for extended periods of time and must be able to withstand obnoxious odors and view heinous c--ime and accident scenes. Stress situations are frequently encountered in the performance of '-he position duties and responsibilities. This is evident in situations invc'-ving high speed chases, testifying in c�.,urt, shoot outs, time limits, public criticism, social pressure and deaiing always with the subtleties and vacaries of civil rights interpretations. ' Physical The officer must be able to defend him- self and others in physical combat. The officer must be able to lift or move people and very heavy objects. The individual has to run for various dis- tances, swim various distances, and climb, jump, or otherwise surmount physical obstacles. Supervision The employee receives generalized work assignments from their immediate sup- ervisor or other superiors and most often are without detailed instruction. Their work is subjected to periodic review by their immediate supervisor by means of periodic performance evaluation visual monitoring of tasks performed and review of reports. (47) OKEECHOBEE POLICE DEPARTMENT OPERATIONS MANUAT, HIRING PREREQUISITES To be accepted as a Police Officer in the Okeechobee Police Department, the employee must have first gainz-A approval of the Criminal Justice Standards and Training Commission. To gain this approval, the following cri�-eria must be met: 1. Is 19 years or older and a United States Citizen. A copy of his/her birth certificate must be furnished. 2. Must have high school diploma or equivalent. 3. If he /she served in the Armed Forces must have a copy of DD214 showing an honorable discharge. 4. Has been fingerprinted and those prints processed for criminal history with Federal Bureau of Investigation and those prints filed with the Criminal Justice Standards and Train- ing Commission. 5. Must pass a complete physical examin- ation, including an EKG, drug screen- ing test, lumbar spine X-ray. 6. Is of good moral character and has not been convicted of a felony or a misdemeanor involving moral turpitude. 7. Must pass a physical agility test. 8. Must have a valid Florida drivers license. 9. Must pass written examination. (48) CITY OF OKEECHOBEE MEMORAN TO.- MAYOR AND COUNCIL THUR: BILL VEACH, CITY ADMINISTRATOR FROM: Lola Parker, Account Supervbor DATE: APRIL 14,2003 SUBJECT; CITY SHARE OF POLICE PENSION CONTRIBUTION N THE PAST THE CITY WAS NO REQUIRE TO CONTRI UT TO THE POLICE PENSION FUND. BASED ON THE ACTUARIAL REPORT, THE ACTUAL EXPERIENCE WAS LESS FAVORABLE THAN THAT ANTICIPATED BY THE ACTUARIAL ASSUMPTION. THEREFORE AS OF 10-1-2002 THE CITY IS REQUIRED TO CONTRIBUTE 10.73% OF PAYROLL TO THE POLICE PENSION. THERE IS ALSO A CITY CONTRIBUTION TO THE POLICE PENSION FUND DUE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,2002 OF $9,202. THIS IS AN ESTIMATED BUDGET IMPACT OF $84,491.THIS IS IN ADDITION TO THE $25,978.79 REQUIRED FOR THE GENERAL FUND PENSION. THE ACTUARIAL REPORT WAS RECEIVED ON FEBRUARY 13,2003. THANKYOU CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: April 7, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief sununary of past and upcoming events. ADMINISTRATION I GRIT — Attorney Hellinger has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. We have been contacted by the bankruptcy Trustee's counsel to arrange a meeting to discuss a global settlement. John Cook, Steve Robbins and the City Administrator will meet with the Trustee's representatives at 10: 00 a.m. on April 17'h. Attorney Cook will update the City Council on this proceeding and the case in executive session at the April 15'h meeting. Bettye Taylor continues to experience issues with her back and has been evaluated to determine proper treatment. This evaluation began on January 8h and was concluded on February 0. Her doctor recommended surgery, however, Bettye is reluctant to have additional surgery at this time. Fire Station Project — The City Engineer reports that we are on schedule and budget at this time. The upper level of the facility should be completed within 30 days. Councilman Chandler is currently participating in weekly "construction meetings" in which the Administrator, Engineer, Public Works Director, Fire Chief and Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — Craig A. Smith and Associates continue to move forward on issues related to design, engineering and permitting ofthe commerce center. This must be accomplished by October 2003. The EDTF administrators have instructed City staff to submit a request for an extension of the "vertical construction7timeline through December. Therefore, the City will not have to construct a building at this time. The reasoning for the extension is twofold. ADMINISTRATION First, OTTED/EDTF would like to see if Sheffield makes the July I timeline imposed CONTINUED by the City. Second, if he does not, they will ask that we bring another business into the project. Our consultants are already exploring this possibility. ETDF officials assure us that our funding is secure and that it is their intent to work with the City to ensure the Commerce Center is constructed. Flagler Parks/Downtown —The City has submitted a request for $115,000 through a FRDAP grant to refurbish Flagler Park #2. At the current time, it looks as though tight state funding may cause denial ofthis request. We continue conversations with CDBG on the grant we submitted for downtown renovations. While the outlook is not good, possibilities still exist and are being explored. FINANCE Lola is in the process of soliciting quotes from potential consultants related to bringing the City into GASB 34 compliance. It does not appear as though this expenditure will exceed the $7,500 threshold that would require it to be addressed by the City Council. Recently, the City Administrator attended a presentation by a state economist. The overall message that was conveyed is that the Federal Government has (since 2001) and is currently experiencing a significant budget shortfall, as has/is the State. ' He cautioned that if local governments had not experienced a significant budget crunch yet, they should expect one, since funding from higher sources of government, as well as sales tax, gas tax, etc. projections were showing a downward spiral. Through February, the City has not experienced this crunch. However, we are seeing a lag in State payments of tax revenues. We have also seen a significant increase in the percentage of payroll we must contribute towards pension fiinds (a direct result of a bad market). I will be sharing the economists concerns and projections with the department heads as we address budget preparations this year. I will convey to them, as well as to the City Council, all indications are this should be a "belt tightening" year. CLERK I Clerk Gamiotea indicates that the new codebooks should be in and distributed soon. 2 POLICE Major Raulerson reports that he has conunitments for all the cars we will be selling next year. PUBLIC WORKS Donnie Robertson is working on permitting issues with SFWMD, DEP, etc. related to the e Street Boat Ramp. He anticipates this will take a couple of months. Following DOT instruction, Donnie Robertson is going out to bid for guardrail on SW 12'hAvenue at SR 70. DOT indicates this expenditure will be reimbursed to the City. The bid contracts will come before the City Council. Oscar Bermudez continues to work with various entities of DEP to develop a master drainage plan. Oscar also continues daily oversight of the Fire Station project. CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Procurement of the Billy Mason/NE 91h Street right-of-way. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, building site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for June 3d). 5. Hamrick Trust — John is attempting to locate and secure a research firm that is well versed in reversionary issues. 6. City/County contractor licensing agreement — this proposed language is currently being reviewed by the County Attorney. 7. GRIT issues. 8. Adelphia Contract. 9. Marvin Brantley's continuing situation. 3