2003-10-07 RegularCITY OF OKEECHOBEE
OCTOBER 7,2003 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
1. CALL TO ORDER - Mayor:
October 7, 2003, City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES:
Invocation given by Pastor Charles Moscato, Abundant Blessings;
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 D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
IV. MINUTES - City Clerk.
Mayor Kirk called the October 7, 2003 Regular City Council Meeting to order at 6:00 p.m.
The Invocation was offered by Pastor Moscato of Abundant Blessings Church;
Mayor Kirk led the Pledge of Allegiance.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
PAGE I OF 12
A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the September 16, 2003 Regular Meeting, the September 16, 2003 Regular Meeting, the September 19, 2003 Final Budget Hearing and the September 26, 2003
September 19, 2003 Final Budget Hearing and the September 26, Emergency Meeting; seconded by Council Member Williams. There was no discussion on this item.
2003 Emergency Meeting.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
OCTOBER 7,2003 - REGULAR MEETING - PAGE 2 OF 12 631
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. I New Business item "B" was withdrawn by Attorney Cook.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. M MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M.
A. 1. a) Motion to adopt proposed Ordinance No. 839 regarding Council Member Watford moved to read by title only proposed Ordinance No. 839 regarding Comprehensive Plan
Comprehensive Plan Future Land Use Map Amendment No. 03- Future Land Use Map Amendment No. 03-008-SSA, re -designating Lots 1-2, Block 21, South Okeechobee from Single
008-SSA, re -designating Lots 1-2, Block 21, South Okeechobee Family to Commercial; seconded by Council Member Williams.
from Single Family to Commercial - City Planning Consultant
(Exhibit 1). 1
VOTE
b) Vote on motion to read by title only. KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
I MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 839 by title only. Attorney Cook read proposed Ordinance No. 839 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO.
635ASAMENDED, BYREVISING THEFUTURELAND USEMAP, PROVIDING FOR INCLUSION OFORDINANCE
AND REWSED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
I DA TE."
2. a) Motion to adopt Ordinance No. 839. 1 Council Member Markham moved to adopt Ordinance No. 839; seconded by Council Member Chandler.
b) Public Comments. 11 Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Planning Consultant LaRue addressed the Council explaining that Comprehensive Plan Future Land Use Map
Amendment No. 03-008-SSA was submitted by Philip and Lod Bergerand Gerald LeFebvre. The request is to change
the Future Land Use Designation from Single Family to Commercial on Lots 1 through 2, Block 21, South Okeechobee
located at the corner of Southwest 2rdAvenue and 13t' Street.
632 OCTOBER 7, 2003 - REGULAR MEETING - PAGE 3 OF 12
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2. b) Public Comments continued. Planning Staff Report Summary: The subject property is in a transitional area with Commercial intensive uses such
as restaurants to the East fronfing on South Parrott Avenue. To the West, tirwere are single family homes with day care
centers directly to the North and South of this property. If the use for this property is low intensive in nature such as
an office it should be a good fit for the neighborhood. The proposed amendment is consistent with Policy 2.1 of the
Future Land Use Element, which includes professional offices as permitted uses with appropriate zoning. The
proposed amendment is consistent with surrounding land uses.
Planning Staff Report Analysis: (A)The proposed amendment is surrounded on three sides by commercial uses.
A light commercial use could be a buffer from the intensive uses to the East. (8) The subject property is located one
block from South Parrot Avenue and will be served by public utilities, because of this location and proposed use there
should be adequate public facilities. Final determination will be made by the City during the rezoning process. (C) The
location of this property would allow for light commercial uses, because of nearby day care centers and commercial
uses to the East. (D) The request of commercial, if it results in a low intensive use, would meet the specific standards
of the Comprehensive Plan. Policy 2.1.(c).
Based on the above information, Planning Staff recommends approval. The Land Planning Agency discussed the
application at their September 23, 2003 meeting and voted unanimously to recommend approval.
There was a brief discussion between the Council and Mr. LaRue. One item in particular that was noted, and agreed
upon by the Council is that the alleyway within the block is open and should remain that way. City blocks between
South Parrot and Southwest 2' Avenues are considered, quite often, for alley closings, allowing the property owner
to develop the entire block. There has been a trend to extend the commercial designation into the East half of the
second blocks (between Southwest 2' and 3dAvenues). Most of the blocks have existing residential homes on the
West side of the blocks and as commercial uses are considered more and more, it would be a good planning point to
keep these alle)Mays open as a buffer between the two uses.
c) Vote on motion. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS - Mayor.
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 4 OF 12
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:12 P.M.
A. 1. a) Motion to read by title only and set October 21, 2003 as a Public Council Member Watford moved to read by title only and set October 21, 2003 as a Public Hearing date for proposed
Hearing date for proposed Ordinance No. 838 amending the LDR's, Ordinance No. 838 amending the LDR's, specifically, Chapter 86, Subdivision; seconded by Council Member
specifically, Chapter 86, Subdivision - City Attorney (Exhibit 2). 11 Markham.
b) Vote on motion to read by title only and set public hearing date. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 838 by title only. Attorney Cook read proposed Ordinance No. 838 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669;
PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE H THEREOF; TO PROVIDE FOR ADMINISTRATIVE
REVIEW OF PRELIMINARY PLAT APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY
APPROVAL, DENIAL OR MODIFICATION OFPRELIMINARYPLA TS; PROVIDING FOR DEVELOPER TO SUBMIT
COPIES OFSAID PLATAPPLICATIONS TO THE CITYCOUNCIL; PROVIDING FOR SEVERABILITY, PROVIDING
FOR AN EFFECTIVE DA TE. "
2. a) Motion to approve the first reading of proposed Ordinance No. 838. Council Member Markham moved to approve the first reading of proposed Ordinance No. 838; seconded by Council
I Member Chandler.
b) Discussion. Attorney Cook advised that this amendment was requested by Staff. The existing LDR's requires a developer to submit
both the prelim�inary and final plats to the Council. These amendments would streamline the process by submitting the
preliminary plat to the Technical Review Committee and making all necessary changes prior to presenting the
proposed plat to the Council.
Council asked whether a developer would be allowed to begin work at the site once a prelimina[y plat was
approved. This has been allowed in the past and has caused problems for the Cily. Attorney Cook will research
this and have an answer for the Council at the final hearing.
633
634
VII. NEW BUSINESS CONTINUED.
A. 2. c) Vote on motion.
VOTE
VJRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 5 OF 12
B. 1. a) Motion to read by title only and set October 21, 2003 as a Public New Business Item B was withdrawn from the agenda as requested by Attorney Cook.
Hearing date for proposed Ordinance No. 840 regarding restriction
on placement of mobile homes within the City - City Attorney
(Exhibit 3).
b) Vote on motion to read by title only and set public hearing date.
c) City Attorney to read proposed Ordinance No. 840 by title only.
2. a) Mobon to approve the first reading of proposed Ordinance No. 840.
b) Discussion.
c) Vote on motion.
C. Discuss amendment to the Police Officers' Pension Trust Fund - The City Council instructed Administrator Veach to have the Pension Board's recommendation regarding the amount
Attorney Scott Christiansen (Exhibit 4). of interest to be paid to non -vested employee's who withdraw their monies from the pension fund after
11 resigning/terminating their employment with the City. An employee must be employed for ten years to be vested.
As stated in a letter from Pension Attorney Christiansen in Exhibit Four, The Boards recommend that the City continue
to pay a nominal amount of interest on the member contributions. This is because they recognize the fact that the
pension plans are mandatory and members are required to make contributions to the pension plans upon becoming
an employee regardless of whether or not they wish to participate. In addition, from an actuarial standpoint, the actuary
assumes that the plans will earn an investment rate of return of 7 percent. Over the last ten years, the plans have
actually earned an investment rate of return of 7.2 percent. Accordingly, over that period of time, the plans have earned
7.2 percent on the contributions which members have contributed to the plan.
V11. NEW BUSINESS CONTINUED.
C.
Fil
E.
Discuss amendment to the Police Officers' Pension Trust Fund
continued.
Discuss amendment to the Firefighters' Pension Trust Fund -
Attorney Scoff Christiansen (Exhibit 5).
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 6 OF 12 635
By paying a 3 percent return on member's contribution, you can see that the plans still would have earned a net return
in excess of 4 percent on member contributions that were withdrawn over that period of time. For this reason, each
of the Board of Trustees has required that the City Council consider establishing a 3 percent return on member
contributions rather than totally eliminating interest on these contributions.
Attorney Christiansen presented proposed ordinances for consideration. One marked 'A" amends the plan to pay 0
percent return. A second one marked "B" amends the plan to pay 3 percent return as recommended by the Board.
The consensus of the Council was to present the proposed ordinance "B" with the 3 percent for first reading
at the October 21, 2003 Regular City Council Meeting amending the Police Officers' Municipal Pension Trust
Fund.
Due to the discussion during item "C" above. The consensus of the Council was to present the proposed
ordinance "B" wfth the 3 pgrcent for first reading at the October 21, 2003 Regular Cily Council Meeting
amending the Firefighters' Pension Trust Fund.
Discuss amendment to the General Employees' Pension Trust Fund Due to the discussion during item "C" above, no amendment is necessary to this fund. The General Employee's
- Attorney Scott Christiansen (Exhibit 6). 1 Pension Trust Fund already allows for a 3 percent return.
F. Motion to ratify the reappointment of Tommy Raulerson as a Trustee
to the Police Officers' Pension Trust Fund Board, term beginning
October 1, 2003 and ending September 30, 2005, and ratify the
reappointment of Bettye Taylor as a Trustee to the Police Officers'
Pension Trust Fund Board, term beginning October 1, 2003 and
ending September 30, 2004 - Bettye Taylor, Pension Board
Secretary.
Council Member Watford moved to ratify the reappointment of Tommy Raulerson as a Trustee to the Police Officers'
Pension Trust Fund Board, term beginning October 1, 2003 and ending September 30, 2005, and ratify the
reappointment of Bettye Taylor as a Trustee to the Police Officers' Pension Trust Fund Board, term beginning October
1, 2003 and ending September 30, 2004; seconded by Council Member Markham. There was a brief discussion on
this item.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
..636
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 7 OF 12
VII. NEW BUSINESS CONTINUED.
G. Motion to reappoint Steve Padgett as a Trustee to the Police Council Member Watford moved to reappoint Steve Padgett as a Trustee to the Police Officers' Pension Trust Fund
Officers' Pension Trust Fund Board for a term beginring October 1, Board for a term beoning October 1, 2003 and ending September 30, 2004; seconded by Councd Member Markham.
2003 and ending September 30, 2004 - Bettye Taylor, Pension There was no discussion on this item.
Board Secretary.
VOTE
KIRK - YEA
CHANDLER - YEA
I MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
H. Motion to reappoint Richard Holt as a Trustee to the Firefighters'
Council MemberWatford moved to reappoint Richard Holtas a Trustee to the Firefighters' Pension Trust Fund Board,
Pension Trust Fund Board, term beginning October 1, 2003 and
term beginning October 1, 2003 and ending September 30,2005; seconded byCouncil MemberChandler. There was
ending September 30, 2005 - William Douglas, Pension Board
no discussion on this item.
Secretary.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Motion to ratify the reappointment of Herb Smith as a Trustee to the Council MemberWatford moved to ratify the appointmentof Herb Smith as a Trustee to the Firefighters'Pension Fund
Firefighters' Pension Fund Board, term beginning October 1, 2003 Board, term beginning October 1, 2003 and ending September 30, 2004; seconded by Council Member Chandler.
and ending September 30, 2004 - William Douglas, Pension Board There was no discussion on this item.
Secretary.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
VII. NEW BUSINESS CONTINUED.
J. Consider a two-year Trustee appointment to the Police Officers'
Pension Trust Fund Board (Vacancy due to the resignation of Mr.
Steve Nelson. Appointee must be a City resident) - Bettye Taylor,
Pension Board Secretary (Exhibit 7).
K. Discuss legislative issues for the Okeechobee Delegation - City
Administrator (Exhibit 8).
OCTOBER 7, 2003 - REGUI-AR MEETING - PAGE 8 OF 12 63 7
Due to the resignation of Mr. Steve Nelson from the Police Officers' Pension Trust Fund Board, the City Council needs
to appoint a new member. This member must be a City resident. The Council also discussed the new education
requirements mandated by the State for board members. It requires a three day out of town school they must attend.
The pension fund pays for the school and the accommodations. Pension Attorney Christiansen has offered to hold
workshop sessions in order to meet the minimum state education requirement, should someone not be able to attend
the out of town session. Council Members will bring back nominations at the October 21, 2003 meeting for this
appointment.
The City Council approved, by consensus, the following list of items to present to the Legislative Delegation. Council
Member Watford will represent the City in presenting these items:
9 Industrial Park related issues.
40 Proposed Taylor Creek bridge and connector road.
0 Continued improvements to US 441 and SR 70.
0 Money/equipment to address canals within the City.
40 Mosquito abatement.
0 Storm drainage - City wide.
0 Out of control escalation of insurance cost.
* Mandated education requirements on citizen boards.
L. Consider Alley Closing Application No. 70, submitted by Paul and Council Member Chandler moved to accept Paul and Marilyn Buxton's Alley Closing Application request; seconded
Marilyn Buxton to close the North to South and East to West by Council Member Williams. Following a brief discussion, motion and second were withdrawn from the floor.
alleyways in Block 109, City of Okeechobee - City Clerk (Exhibit 9).
Council Member Chandler moved to authorize Attorney Cook to draft an ordinance closing the allenays in
Block 109 as reguested in Application No. 70 and present the ordinance for first reading at the October 21,
2003; seconded by Council Member Williams.
There was a brief discussion concerning developments that request alley closings and never come to fruition. Attorney
Cook noted that Council may want to defer alley closings until after Site Plan Review in the future.
IrIZ-1-tj
ME
VII. NEW BUSINESS CONTINUED.
L. Consider Alley Closing Application No. 70, submitted by Paul and
Marilyn Buxton to dow the North to South and East to West
alleyways in Block 109, City of Okeechobee continued.
M. Motion to approve the following temporary street closings for special
events to be held in Flagler Parks - City Clerk (Exhibit 10).
OCTOBER 7,2003 - REGULAR MEETING - PAGE 9 OF 12
VOTE
Km - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mayor Kirk requested individual motions on each Temporary Street Closing.
I Southwest 6th Avenue, between North and South Park Council Member Watford moved to approve a temporary street closing for Southwest 6th Avenue, between North and
Streets on November 1, 2003, 3 - 11 PM, submitted by First South Park Streets on November 1, 2003, 3 - 11 PM, submitted by First Baptist Church for the Fall Festival; seconded
Baptist Church for the Fall Festival. I by Council Member Chandler. There was no discussion on this item.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
2. Southwest 3d, 4"' and 5"' Avenues, between North and Council Member Watford moved to approve a temporary street closing for Southwest 3rd, 4h and 5h Avenues, between
South Park Streets on Saturday, November 8, 2008, 8 AM - North and South Park Streets on Saturday, November 8,2008,8 AM - 6 PM submitted by Okeechobee County Sheriff s
6 PM submitted by Okeechobee County Sheriffs Auxiliary Auxiliary Unit for the Law Enforcement Expo; seconded by Council Member Chandler. There was no discussion on
Unit for the Law Enforcement Expo. I this item.
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 10 OF 12 639
VII. NEW BUSINESS CONTINUED.
M. 2. Southwest 3", 4" and 5"Avenues, between North and
VOTE
South Park Streets on Saturday, November 8, 2008, 8 AM -
KIRK - YEA
6 PM submitted by Okeechobee County Sheriffs Auxiliary
CHANDLER - YEA
Unit for the Law Enforcement Expo continued.
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
3. Southwest 4" Avenue, between North and South Park Council Member Watford moved to approve a temporary street closing for Southwest 4t' Avenue, between North and
Streets on Saturday, November 15, 2003, 10 AM - 5 PM, South Park Streets on Saturday, November 15, 2003, 10 AM - 5 PM, submitted by Okeechobee High School for
submitted by Okeechobee High School for Concert in the Concert in the Park; seconded by Council Member Chandler. There was no discussion on this item.
Park. I
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
4. Southwest 3rd Avenue, between North and South Park Council Member Watford moved to approve a temporary street closing for Southwest 3rd Avenue, between North and
Streets on Saturday, November 22, 2003, 7 AM - 4:30 PM, South Park Streets on Saturday, November 22, 2003, 7 AM - 4:30 PM, submitted by the Chamber of Commerce for
submitted by the Chamber of Commerce for the Fresh the Fresh Water Festival; seconded by Council Member Chandler. There was no discussion on this item.
Water Festival. I
VOTE
KiRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
640 OCTOBER 7, 2003 - REGULAR MEETING - PAGE I I OF 12
VV
VII. NEW BUSINESS CONTINUED.
Council Member Watford moved to approve a temporary street closing for Southwest 3" Avenue, between North and
M. 5. Southwest 3rd Avenue, between North and South Park South Park Streets on Saturday, December 13, 2003, 7 AM - 4:30 PM, submitted by the Chamber of Commerce for
Streets on Saturday, December 13, 2003, 7 AM - 4:30 PM, the Christmas Parade and Craft Show; seconded by Council Member Chandler. There was a brief discussion on this
submitted by the Chamber of Commerce for the Christmas tem.
Parade and Craft Show.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to approve a temporary street closing for Southwest 6hAvenue, between North and
6. Southwest 60 Avenue, between North and South Park South Park Streets, Saturday, December 13-14,2003,6 AM - 1 AM, submitted by Communities in Schools for a Dance
Streets, Saturday, December 13, 2003, 6 AM - 1 AM, Block Party; seconded by Council Member Chandler. There was a brief discussion on this item.
submitted by Communities in Schools for a Dance Block
Party. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to approve a temporary street closing for Southwest 6hAvenue, between North and
7. Southwest 6th Avenue, between North and South Park South Park Streets on February 20 through 21, 2004, 8 AM - 6 PM, submitted by the American Cancer Society for the
Streets on February 20 through 21, 2004, 8 AM - 6 PM, Annual Relay For Life Event; seconded by Council Member Chandler. There was a brief discussion on this item.
submitted by the American Cancer Society for the Annual
Relay For Life Event. VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
OCTOBER 7, 2003 - REGULAR MEETING - PAGE 12 OF 12 S41
Vil. NEW BUSINESS CONTINUED.
M. 8. Southwest 2', 3', 4', 5' and 6' Avenues, between North Council Member Watford moved to approve a temporary street closing for Southwest 2', 3', 4', 5' and 6' Avenues,
and South Park Streets on March 13 and 14, 2004, 7 AM - between North and South Park Streets on March 13 and 14, 2004, 7 AM - 4:30 PM daily, submitted by the Chamber
4:30 PM daily, submitted by the Chamber of Commerce for of Commerce for the Annual Speckled Perch Festival; seconded by Council Member Chandler. There was no
the Annual Speckled Perch Festival. discussion on this item.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
N. Discuss Holiday Meeting Schedule - City Administrator (Exhibit 11). The consensus of the Council in regards to the holiday meeting schedule was to have both regular meetings in
November and only have the first regular meeting in December.
Vill. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjourned the October 7, 2003 meet at 7:12 p.m. The
next regular City Council Meeting is scheduled for Tuesday, October 21, 2003.
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, helshe may need to insure that a verbatim record of Me
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
ATT-%T:
Lane Garniotlea, qity Clerk
AFFIaAVIT 0F., PUBLISHER
OKEECHC, -,-E TIMES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before the undersigned authority personally appeared J.W.
Owens 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 -121181 'f- ts,r)III-F PC)41,)UZ;7
in the matter of CITY CODF FNFog(
CITYOFOKEECHQB E MEETING
55 SE THIRD AVENUE
OKEECHOBEE, FL34974-2932
941-763-3372
In the Court,
was published in said newspaper in the issues of —1 0/02—/maa—
j
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 lie has neither paid nor pron'lised any
person, firm or corporation any discouni, rebate, conimission or refund
for the purpose of securing this advertisement for publication in [lie
said newspaper.
W. Owens, (Publi
Sworn to and subscribed before me
Lhis
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A. D. 2003
(SEAL)
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UNE 25,2004
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NOTICE 19 HLREW GIVEN that die
City OfOkw� City Council will med in
Session on Tuesday, OcWm 7. M3,
6:98 pjm4 City Hall, 55 SE 3rd Ave., RM 210,
, Fkn& The ptiblia is invited wd
encouralled to aftut. For a copy ofthe agakla
oontact City A&6nishadon at (863) 763-3372
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PLEASE TAKE NOTICE AND 13E
ADVISED that if any pamon dedres to W
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PAGE -1 -
CITY OF OKEECHOBEE -OCTOBER 7,2003.
REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES
1. CALL TO ORDER - Mayor: October 7, 2003, City Council Regular Meeting, 6:00
P. m.
11. OPENING CEREMONIES: I
M
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
IV. MINUTES - City Clerk.
Present Absent
®r
A. Council Member — t�j L� moved to dispense with the reading and approve the Summary of
Council Action for the September 16, 2003 Regular Meeting, the September 19, 2003 Final Budget
Hearing �and the September 26, 2003 Emergency Meeting; seconded by Council Member
YQjg
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION(�ARRIED DENIED
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
LIU P
�� 0% PAGE -2-
V1. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION �,'05 P.M.
haiLt bi * �b- vy, T91
A. 1. a) Council Member moved to-adW proposed Ordinance 839 regarding
Comprehensive Plan Future Land Use Map Amendment No. 03-008-SSA, redesignating Lots 1-2,
Block 21, South Okeechobee from Single Family to Commercial - City Planning Consultant
(Exhibit 1); seconded by Council Member M
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK �1/
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION,' DENIED
C) Attorney Cook read proposed Ordinance No. 839 by title only as follows: "AN ORDINANCE OF
THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE
COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE
LAND USE MAP; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE
LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.
2.a) Council Member moved to adopt Ordinance No. 839; seconded by Council Member
N Q�l
b) Public Comments.
Comprehensive P(an Future LandUse Map AmendmentV. 03-008-SSA was submittedby Philip andLori
Berger and GeraidLeFebme. qhe request is to change the Future Land Use Des�qnationftomSingfe Family to
Commerciaf on Lots 1-2, BIock2l, South Okeechobee. Comer ofSW 2nd Avenue and 13'h Street.
P&mningStaffl�FportSummary: rffw subject property is in a transitionaf area with Commerciaf intensive uses
such as restaurants to the Eastftonting on South Parrott Avenue. To the West, there are singlefamily homes
with day care centers directly to the North andSouth of this property. If the usefor this property is low
intensive in nature such as an office it should be agoodfitfor the ne�qhborhood, .The proposed amendment is
consistent with Policy 2.1 of the Future Land Use Efement, which includes professionaf offices as permitted
uses with appropriate zoning. r1he proposed amendment is consistent with surrounding (and uses.
Ij
Planning Staff lkfport Anahjsis: (A)Yhe propose amendment is surrounding on three sides by commerciaf uses.
A 4ht commerciaf uses coutdbe a bufferftom the intensive uses to the East. (B)r1he subject property is located
one blockftom South Parrot Avenue and wiff be served by pubtic utilities, because of this location andprosed
use there shouff be adequate pubficfacifities. Tinaf determination wid be made by the City during the rezoning
process. (C) 17he location of this property wouid affowfor ft:qht commerciaf uses because of the location of the
nearby day care centers and commerciaf uses to the east. (D) 11he request of commerciaf, if it resufts in a low
intensive use, would meet the specific standards of the comprehensive plan. Policy 2.1. (c).
B as e d o n the ab o ve info m ta t io n, Plan n ing St aff re c o mme nds app ro v a(. '17ie L and Pla n n i ng Age ncy dis c uss e d
the appfication at theirSeptember 23, 2003 meeting and voted unanimously to recommend approvaf.
iNIC 14
A -17
C) Vote on motion. �4 V�i-w—,
VOTE YEA NAY ABSTAIN ABSENT
� I
KIRK
CHANDLER YN)l-
MARKHAM
WATFORD
WILLIAMS
MOTION: �RRI�p - DENIED
MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M.
PAGE -3-
V11. NEW BUSINESS - Mayor.
A.1.a) Council Member LA-L! moved to read by title only and set October 21, 2003 as a Public
Hearing date for proposed Ordinance No. 838 amending the LDR's specifically, Chapter 86,
Subdivision - City Attorney (Exhibit 2); seconded by Council Member
b) Vote on motion to read by title only and set public hearing date.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION(LCARRI,W - DENIED
C) Attorney Cook read proposed Ordinance No. 838 by title only as follows: "AN ORDINANCE OF
THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS,
ORDINANCE NUMBER 669; PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE 11
THEREOF; TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT
APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY APPROVAL, DENIAL OR
MODIFICATION OF PRELIMINARY PLATS; PROVIDING FOR DEVELOPER TO SUBMIT
COPIES OF SAID PLAT APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.11
2.a) Council Member k-M moved to approve the first reading of proposed Ordinance No. 838;
seconded by Council Member N11Q.
b) Discussion.
(ta,
C) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION RFI�, - DENIED
L
KI
V�
PAGE -4-fin
B.I.a) Council Member moved to read by title only and set OXb"e'r 21, 2003 as a Public
Hearing date for proposed Ordinance No. 840 regarding restrictidn' on placement of mobile homes
within the City - City Attorney (Exhibit 3); seconded by Council Member
b) Vote on motion to read by title only and set public hearing date.
VOTE YEA NAY ABSTAIN ABSENT
i6-R—K
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION CARRIED — DENIED
c) Attorney Cook read proposed Ordinance No. 840 by title only as follows:
2.a) Council Member moved to approve the first reading of proposed Ordinance No. 840;
seconded by Council Member
b) Discussion.,
C) Vote on motion.
VOTE XtA NAY ABSTAIN ABSENT
KIRK
CHANDL4'
MARK M
WA RD
W IAMS
MOTION CARRIED — DENIED
C. Discuss amendment to the Police Officers' Pension Trust Fund - Attorney Scott Christiansen
(Exhibit 4). (if Tttfe is *a & Tirst RoXing Appmved issue N9. 84o - oct 21 PHdate)
r
Yk,
�,V
o co,�,_Lj"-u C, _K C
(tv�L
com
j
(LI
bag (1 (12, 1 �,W
CN, �'K- RJ
)(J\w I- *C
a I
PAGE -5-
D. Discuss amendment to the Firefighters' Pension Trust Fund - Attorney Scott Christiansen (Exhibit
5). (If Title is *ad& First!R�tng Approved issue N9. 841 - Oct 21 PH date)
OWa0ib) (A� --�) 3 �6,Akf)
j-f od -21 10. �
E. Discuss amendment to the General Employees' Pension Trust Fund - Attorney Scott Christiansen
(Exhibit 6). (If Tttfe is Rjad & -(Rrst *aing Approved Issue N9. 842 - Oct 21 PHdate)
00 OkOf 4! MW-)OAq, #Uk
� qc)
PAGE -6-
F. Council Member vq� moved to ratify the reappointment of Tommy Raulerson as a Trustee
to the Police Officers' Pension Trust Fund Board, term beginning October 1, 2003 and ending
September 30, 2005, and ratify the reappointment of Bettye Taylor as a Trustee to the Police
Officers' Pension Trust Fund Board, term beginning October 1, 2003 and ending September 30,
2004 - Bettye Taylor, Pension board Secretary; seconded by Council Member LV\ .
VOTE YEA NAY ABSTAIN ABSENT
WI -RK L/
CHANDLER I/
MARKHAM L/
WATFORD L/
WILLIAMS L." N
MOTIO?((: �A'RRIED/- DENIED
jtt Ck��
G. Council Member ())V� moved to reappoint Steve Padgett as a Trustee to the Police Officers'
Pension Trust Fund Board for a term beginning October 1, 2003 and ending September 30, 2004 -
Bettye Taylor, Pension Board Secretary; seconded by Council Member LM
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
V
MARKHAM
L/
WATFORD
WILLIAMS
MOTIOh� CARRIED/� DENIED
H. Council Member fA�l moved to reappoint Richard Holt as a Trustee to the Firefighters'
Pension Trust Fund Board, term beginning October 1, 2003 and ending September 30, 2005 -
William Douglas, Pension Board Secretary; seconded by Council Member W-1
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION(C�RRIED� - DENIED
1. Council Member D moved to ratify the appointment of Herb Smith as a Trustee to the
Firefighters' Pension Fund Board, term beginning October 1, 2003 and ending September 30, 2004
- William Douglas, Pension Board Secretary; seconded by Council Member 06,
VOTE
KIRK
YEA NAY ABSTAIN ABSENT
(i () (�
CHANDLER
IX
MARKHAM
WATFORD
RW-"
�A-(j LU
WILLIAMS
MOTION PARRI10 - DENIED
PAGE -7-
J. Council Member moved to appoint for a two-year term beginning
iolilo andending 913olo5, Trustee appointment to the Police Officers' Pension Trust Fund Board
(Vacancy due to the resignation of Mr. Steve Nelson. Appointee must be a City resident) - Bettye
Taylor, Pension Board Secretary (Exhibit 7); seconded by Council Member
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION CARRIED - DENIED
K. Discuss legislative issues for the Okeechobee Delegation - City Administrator (Exhibit 8).
A
'Io
L. Consider Alley Closing Application No. 70, submitted by Paul and Marilyn Buxton to close the
North to South and East to West alleyways in Block 109, City of Okeechobee - City Clerk (Exhibit
9).
Couiwd3kntber
_L ;;�/- authorize Attomey Cook �q-drqft an ordmiance clo� the affeyways in
Block109 as requested in Apphcation N9. 70 andpresent theehiinanceforfirst reading at the October 21,
2003; secondedby Counci(Member
VOTE YEA NAY ABSTAIN ABSENT
_KIRK
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTION(�CARRIEU - DENIED
Z
a
PAGE -8-
M. Council Member moved to approve the following temporary street closings for special
events to be held in Flagler Parks - City Clerk (Exhibit 10); seconded by Council Member
. ......... . ......
1. �-'oo
oumthwest 6 th Avenue, between North and South Park Stree.ts; on November 1, 2003, 3 - 11 PM,
sub tted by First Baptist Church for the Fall Festival. CA,
th th
2. outhwest 3rd, 4 and 5 Avenues, between North and South Park Streets on.Saturday, November
8, 2001, 8 AM - 6 PM submitted by Okeechobee County Sheriffs Auxiliary Unit for the Law
-_,-E,nforcement Expo.
V�V,Xt� L,
1h
I ',/Southwest 4 Avenue, between North and South Park Streets on Saturday, November 15, 2003,
10 AM - 5 PM, submitted by Okeechobee High School for Concert in the Park. 0"'4k CLd �+'- r
4. '7Souvwest 3' Avenue, between North and South Park Streets on Saturday, November 22, 2003, 7
AM - 4:30 PM, submitted by the Chamber of Commerce for the Fresh Water Festival. 6�lf Q �1�1
5. Southwest 3rd Avenue, between North and South Park Streets on Saturday, December 13, 2003, 7
/AM - 4:30 PM, submitted by the Chamber of Commerce for the Christmas Parade and Craft Show.
C
' �'111
6. routhwest 6 1h Avenue, between North and South Park Streets, Saturday, December 13, 2003, 6
AM - 1 AM, submitted by Communities in Schools for a Dance Block Party.
7. �outhwest 6t' Avenue, between North and South Park Streets on February 20 through 21, 2004, 8
AM - 6 PM, submitted by the American Cancer Society for the Annual Relay For Life Event.
auk, LL
U'k Cuu(
it
c4-t L
8 Southwest 2 n1 , 3r, 4t', 5t' and 6th Avenues, between North and South Park Streets on March 13
--'N � and 14, 2004, 7 AM - 4:30 PM daily, submitted by the Chamber of Commerce for the Annual
1�4 Speckled Perch Festival.
VOTE
YEA NAY ABSTAIN ABSENT
WI-R—K
L/
CHANDLER
MARKHAM
WATFORD
WILLIAMS
MOTI �CA;R7RIEC�,— DENIED
Opt
I -' - '- —T- -- ---T- *--' F--
PAGE -9-
N. Dis6uss HoWay Meeting Schedule - �,Ity Administrator (�xhibit 11).
Vv
IV.
CITY OF OKEECHOBEE
OCTOBER 7,2003 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 6
CALL TO ORDER - Mayor: October 7, 2003, City Council Regular Meeting, 6:00 p.m.
OPENING CEREMONIES: Invocation given by Charles Moscato, Abundant Blessings.
Pledge of Allegiance led by Mayor.
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
MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the September 16, 2003 Regular Meeting,
the September 19, 2003 Final Budget Hearing and the September 26, 2003 Emergency Meeting.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
w
OCTOBER 712003 - CITY COUNCIL AGENDA - PAGE 2 OF 5
OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A.I.a) Motion to adopt proposed Ordinance No. 839 regarding Comprehensive Plan Future Land Use Map Amendment No.
03-008-SSA, redesignating Lots 1-2, Block 21, South Okeechobee from Single Family to Commercial - City Planning
Consultant (Exhibit 1).
b) Vote on motion to read by title only.
C) City Attorney to read proposed Ordinance No. 839 by title only.
2.a) Motion to adopt Ordinance No. 839.
b) Public Comments.
C) Vote on motion.
CLOSE PUBLIC HEARING.
VII. NEW BUSINESS - Mayor.
A.I.a)
b)
C)
2.a)
b)
C)
Motion to read by title only and set October 21, 2003 as a Public Hearing date for proposed Ordinance No. 838
amending the LDR's, specifically, Chapter 86, Subdivision - City Attorney (Exhibit 2).
Vote on motion to read by title only and set public hearing date.
City Attorney to read proposed Ordinance No. 838 by title only.
Motion to approve the first reading of proposed Ordinance No. 838.
Discussion.
Vote on motion.
OCTOBER 7, 2003 - CITY COUNCIL AGENDA - PAGE 3 OF 5
VII. NEW BUSINESS CONTINUED.
B.I.a) Motion to read by title only and set October 21, 2003 as a Public Hearing date for proposed Ordinance No. 840
regarding restriction on placement of mobile homes within the City - City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set public hearing date.
C) City Attorney to read proposed Ordinance No. 840 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 840.
000 b) Discussion.
C) Vote on motion.
C. Discuss amendment to the Police Officers' Pension Trust Fund - Attorney Scott Christiansen (Exhibit 4).
D. Discuss amendment to the Firefighters' Pension Trust Fund - Attorney Scott Christiansen (Exhibit 5).
E. Discuss amendment to the General Employees' Pension Trust Fund - Attorney Scott Christiansen (Exhibit 6).
F. Motion to ratify the reappointment of Tommy Raulerson as a Trustee to the Police Officers' Pension Trust Fund Board, term
beginning October 1, 2003 and ending September 30, 2005, and ratify the reappointment of Bettye Taylor as a Trustee to the
Police Officers' Pension Trust Fund Board, term beginning October 1, 2003 and ending September 30, 2004 - Bettye Taylor,
Pension board Secretary.
G. Motion to reappoint Steve Padgett as a Trustee to the Police Officers' Pension Trust Fund Board for a term beginning October
1, 2003 and ending September 30, 2004 - Bettye Taylor, Pension Board Secretary.
H. Motion to reappoint Richard Holt as a Trustee to the Firefighters' Pension Trust Fund Board, term beginning October 1, 2003
and ending September 30, 2005 - William Douglas, Pension Board Secretary.
1. Motion to ratify the reappointment of Herb Smith as a Trustee to the Fi refig hters' Pension Fund Board, term beginning October
1, 2003 and ending September 30, 2004 - William Douglas, Pension Board Secretary.
7, 2003 - CITY COUNCIL AGENDA - PAGE 4 OF 5
VII. NEW BUSINESS CONTINUED.
J. Consider a two-year Trustee appointment to the Police Officers' Pension Trust Fund Board (Vacancy due to the resignation
of Mr. Steve Nelson. Appointee must be a City resident) - Bettye Taylor, Pension Board Secretary (Exhibit 7).
K. Discuss legislative issues for the Okeechobee Delegation - City Administrator (Exhibit 8).
L. ConsiderAlley Closing Application No. 70, submitted by Paul and Marilyn Buxton to close the North to South and East to West
alleyways in Block 109, City of Okeechobee - City Clerk (Exhibit 9).
M. Motion to approve the following temporary street closings for special events to be held in Flagler Parks - City Clerk
(Exhibit 10).
1. Southwest V1 Avenue, between North and South Park Streets on November 1, 2003, 3 - 11 PM, submitted by First
Baptist Church for the Fall Festival.
2. Southwest 3rd, 4 th and 51 Avenues, between North and South Park Streets on Saturday, November 8, 2008, 8 AM - 6
PM submitted by Okeechobee County Sheriffs Auxiliary Unit for the Law Enforcement Expo.
3. Southwest 4 th Avenue, between North and South Park Streets on Saturday, November 15, 2003, 10 AM - 5 PM,
submitted by Okeechobee High School for Concert in the Park.
4. Southwest 3rd Avenue, between North and South Park Streets on Saturday, November 22, 2003, 7 AM - 4:30 PM,
submitted by the Chamber of Commerce for the Fresh Water Festival.
S. Southwest 3rd Avenue, between North and South Park Streets on Saturday, December 13, 2003, 7 AM - 4:30 PM,
submitted by the Chamber of Commerce for the Christmas Parade and Craft Show.
6. Southwest 6t' Avenue, between North and South Park Streets, Saturday, December 13, 2003, 6 AM - 1 AM, submitted
by Communities in Schools for a Dance Block Party.
OCTOBER 7,2003 - CITY COUNCIL AGENDA - PAGE 5 OF 5
VII. NEW BUSINESS CONTINUED.
7. Southwest WhAvenue, between North and South Park Streets on February 20 through 21, 2004, 8 AM - 6 PM, submitted
by the American Cancer Society for the Annual Relay For Life Event.
8. Southwest 2 nd , 3rd, 4 th, 5th and 6 th Avenues, between North and South Park Streets on March 13 and 14, 2004,7 AM -
4:30 PM daily, submitted by the Chamber of Commerce for the Annual Speckled Perch Festival.
L. Discuss Holiday Meeting Schedule - City Administrator (Exhibit 11).
Vill. ADJOURN MEETING.
PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision made by the City Council with respect to any matter considered at this
proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding Is made, which
record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk.
ExHIBIT 1
OCTOBER 7 AGENDA
ORDINANCE NO. 839
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP;
PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE
LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application(s) for a small-scale
amendment to the Future Land Use Element of the City's Comprehensive Plan, and
said application(s) being reviewed by the City's Land Planning Agency at a duly
advertised meeting, and submitted by staff report, which determined such
applicant(s) to be consistent with the Comprehensive Plan and appropriate to the
future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Land Planning Agency
that the proposed application(s) complies with the requirements of Florida Statutes
163, Part 11, and that the proposed applications are consistent with the
Comprehensive Plan and appropriate to the future land uses within the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City;
SECTION 1. SHORT TITLE.
THis ORDINANCE shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment", pursuant to F.S.
163.3187, and shall be effective within the City limits of the City of Okeechobee,
Florida.
SECTION 2. AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part 11,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
The following described land is hereby redesignated for purposes of the
Future Land Use Map of the City of Okeechobee Comprehensive Plan:
Application No. 03-008-SSA, from Single -Family Residential to Commercial
The Legal Description of Subject Property is as follows:
Lots I and 2 Block 21, South Okeechobee, according to the Plat thereof
recorded in Plat Book 5, Page 7, Public Records of Okeechobee
County, Florida.
SECTION4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
Page 1 of 2
rn
A
CITY OF OKEECHOBEE
LAND PLANNING AGENCY SEPTEMBER 23, 2003
SUMMARY OF AGENCY ACTION
I. Call to Order - Chairperson
Land Planning Agency September 23, 2003, 7:03 p.m.
OM 11. Chairperson, Member and Staff Attendance - Secretary.
Chairperson Jerry Walker
Agency Member Daniel Creech
Agency Member Dawn Hoover
Agency Member Thomas Keller
Agency Member William Ledferd
Agency Member Christopher Mavroides
Agency Member Douglas McCoy
Alternate Member Sandra Jones
Alternate Teresa Sallette
Attorney John R. Cook
Secretary Carolyn Arnold
Secretary Katrina Vinson
I 'III. Minutes - Secretary
A. Motion to dispense with the reading and approve the Summary of Agency Action
for the September 23, 2003 regular meeting.
PagLl of 4
Chairperson Walker called the September 23, 2003 Land Planning Agency meeting to order at
7:03 p.m.
Board Secretary Vinson called the roll:
�Present
Absent
Present
Present
Present
Absent
Present
Present (serving as voting member)
Absent
Present
Absent
Present
Agency Member Ledferd moved to dispense with the reading and approve the Summary ofAgency
Action for the June 24, 2003 regular meeting; seconded by Agency Member Keller.
CDA September 23, 2003 - Land Planning Agency Page 2 of 1 4
ACTION - DISCUSSION - VOTE
IV. New Business.
A. Comprehensive Plan, Future Land Use Map Amendment Application No. 03-008-
SSA. Consider a recommendation to the City Council, to change the land use
designation from Single Family to Commercial located at 1302 SW 2 n' Avenue.
The property owners are Philip Berger, Lori Berger and Gerald Lefebvre.
Jim LaRue, representative of LaRue Planning and Management, City Planning Consultant,
addressed the Agency by going over the staff s recommendations in the Comprehensive Plan
Analysis. Mr. LaRue explained the staff s recommendations. The Agency questioned the
Commercial zoning being so close to a residential area. Mr. LaRue reminded the Agency that this
is a Future Land Use Map Amendment and that when the applicants come before the Planning
Board for the rezoning, that the Board may put restrictions on the property at that time.
There was no public comment. There was no further discussion from the Agency.
Agency Member Ledferd moved to recommend to the City Council to approve the request for the
Comprehensive Plan, Future Land Use Map Amendment Application 03-008-SSA based on the
planning staff's recommendations, seconded by Agency Member Keller.
VOTE
HooVER-YEA
JONES - YEA
KELLER - YEA
LEDFERD - YEA
MCCOY-YEA
WALKER - YEA
MOTION CARRIED.
B. Consider amending Code of Ordinances (Land Development Regulation's - Agency Attorney, John Cook, briefly explained to the Agency members the purpose of the
LDR's). The proposed will amend Section 86-42 Preapplication procedure, more proposed changes to the City Code of Ordinances.
specifically Article 11 Plans and Plats.
There was no public comment. There was no discussion from the Agency.
Agency Member Ledferd moved to recommend to the City Council to approve the proposed
amendment to the City Code of Ordinances, Section 86-42 Preapplication procedure; seconded by
Agency Member McCoy.
AGENDA
IV. New Business continued.
B. Consider amending Code of Ordinances (Land Development Regulation's VOTE
LDR's) Section 86-42, continued. HOOVER - YEA
JONES - YEA
KELLER - YEA
LEDFERD - YEA
MCCOY-YEA
WALKER - YEA
MOTION CARRIED.
,ptember 23, 2003 - Land Planning Agency - Page 3 of 4
ON - DISCUSSION - VOTE
#me C. Consider amending Code of Ordinances (Land Development Regulation's - Agency Attorney, John Cook, briefly explained to the Agency members the purpose ofthe
LDR's). The proposed will amend Section 86-43 Procedure of conditional proposed changes to the City Code of Ordinances.
approval of preliminary plat and approval of construction plans for required
improvements. 11 There was no public comment. There was no discussion from the Agency.
Agency Member Ledferd moved to recommend to the City Council to approve the proposed
amendment to the City Code of Ordinances, Section 86-43 Procedure of conditional approval;
seconded by Agency Member Keller.
VOTE
CREECH - YEA
HOOVER - YEA
JONES - YEA
KELLER - YEA
LEDFERD - YEA
MAVROIDES - YEA
WALKER - YEA
MOTION CARRIED.
September 23, 2003 - Land Planning Agency - Page 4 of 4
AGENDA
ACTION - DISCUSS16N - VOTE
V. Adjournment- Chairperson
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda Chairperson Walker adjourned the meeting at 7: 19 p.m.
Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and
for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. If
ATTEST:
Katrina Vinson, Secretary
Jerry Walker, Chairperson
T
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
Staff Report
Small Scale Comprehensive Plan
Amendment
Preparedfor: 7-he City of Okeechobee
Applicant: Philip YandLori C Berger,
and Gerald Alan Lefebvre
From Single Family to Commercial
Petition No. 03-008-SSA
- -,- 'T— - . 7 --- - - ------------ -- - - I f
11
Staff Report Applicant: Philip and Lori Berger, and Gerald Alan Lefebvre
Small -Scale Comprehensive Plan Amendment Petition No. 03-008-SSA
General Information
Owner: Philip Y. and Lori C. Berger &
Gerald Alan Lefebvre
Owner Address: P.O. Box 158,
Okeechobee, FL 34973
Owner Phone Number: H: 863-763-8677
W: 863-763-6411
Future Land Use Map
Classification
E'xisting
Single Family
Proposed
Commercial
Zoning District
Residential Single Family
Existing Land Use
Residential Rental
office, store, or shop
Acreage
0.16
0.16
Access
nd
SW 2 Avenue
SW 2"" Avenue
Location: 1302 SW 2 d Avenue, Okeechobee, FL 34974
Legal Description: Lots I & 2 Block 21, South Okeechobee, according to the
Plat thereof recorded in Plat Book 5, Page 7 Public Records
of Okeechobee County, Florida.
I Request:
The owner/applicant requests a small scale amendment of the City's Future Land Use
Map from Single -Family to Commercial in order to operate some type of Commercial
business, shop, or office.
North: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
East: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
South: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
West: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
Commercial
Heavy Commercial (CHV)
Fountain Youth Day Care
Commercial
Commercial
R.J. Gators is east and south two
lots.
Commercial
Commercial
Day Care
Single Family
Residential Single Family
Single Family
_- I- — j I - I __ _T_ F T T
11
Staff Report Applicant: Philip and Lori Berger, and Gerald Alan Lefebvre
Small -Scale Comprehensive Plan Amendment Petition No. 03-008-SSA
Summary:
The subject property is in a transitional area with Commercial intensive uses such as
restaurants to the East fronting on 44 1. To the West, there are single-family homes with
daycare centers directly to the North and South of this property. If the use for this
property is low intensive in nature such as an office it should be a good fit for the
neighborhood. The proposed amendment is consistent with Policy 2.1 of the Future Land
Use Element, which includes professional offices as permitted uses with appropriate
zoning. The proposed amendment is consistent with surrounding land uses.
Comprehensive Plan Analysis
A. Consistency with the Land Use Categories and Plan Policies.
The proposed amendment is surrounded on three sides by Commercial uses. A
Light Commercial use could be a buffer from the intensive uses to the East.
B. Concurrency of Adequate Public Facilities
The subject property is located one (1) block from Parrot Avenue and will be
served by public utilities. Because of this location and proposed use there should
be adequate public facilities. Final determination will be made by the City during
the rezoning process.
C. Compatibility with Adjacent and Nearby Land Uses
The location of this property would allow for Light Commercial uses because of
the location of the nearby day care centers and Commercial uses to the East.
D. Compliance with Specific Standards of the Plan.
The request for Commercial, if it results in a low intensive use, would meet the
specific standards of the Comprehensive Plan.
Policy 2. 1. (c): Commercial. Permitted uses include office, retail, automotive
wholesale, and related commercial activities. Also permitted are
public facilities. Commercial development shall not exceed a floor
area ratio of 3.00 and the maximum impervious surface for
development within this category shall not exceed 85% of the site.
Analysis and Conclusions
The Small Scale Future Land Use map amendment is recommended for approval
based upon the above comments.
I I � -T-T -
11
Staff Report Applicant: Philip and Lori Berger, and Gerald Alan Lefebvre
Small -Scale Comprehensive Plan Amendment Petition No. 03-008-SSA
I I
i Aftachments i
Attachments to this Staff Report include the Future Land Use Map indicating the
change from Single -Family Land Use to Commercial Land Use, and a location map
indicating the general location of the subject property.
Submitted by:
James G. LaRue, AICP
September 19, 2003
Briffiling ailit Zollijig 1jepal-tyllellf
COMPRE14ENSIVE PLAN MAP AMENDMENT APPLICATION
Please check one:
U98mall Scale Arnen(linent (Un(Jer 10 Acres) Ul-atile Scale Arnen(linent (Over 10 Acres)
Name of Property Owner Philip Y. and Lor - i C. Berger and Gerald Alan Lefebvre
Mailing Address P.O. Box 158, Okeechobee, FL 34973
Home Telephone 863-763-8677
Work Telephone 863-763-6411
Name of Applicant, *If other than owner, (relationship)
Applicant Mailing Address
Home Telephone
Property Address/Location
Property Parcel Number
Worl(Telephone _
1302 SW 2nd Avenue, Okeechobee, 1% 34974
3-21-37-35-0040-00210-0010
Current Zoning Designation Residential single Family
Current Future Land Use Designation rJ4M1
Existing Use of the property Residential rental
Proposed Future Land Use Designation - - Comnercial
Office, Store, or Shop
Proposed Use of the Property
Size of Property (in acres) 2 lots 7,125 SF
Description of Surrounding Properties Com-nercial -- Fountain of Youth; Child Care Center;
R,J Gators Restaurant; Dairy Queen restaurant; single family residence
Legal Description of Property (Lengthy Description May Be Attached) Lots I & 2 Blk 9-1
South Okeechobee
Required Attachments:
• Survey of Property (11"x 14", 20" Scale) Application Fee $500.00
• Letter Outlining Request City Location map
08-18-'03 18:.. FROM-GEBALD LEFEBVRE 186376 39561 T-550 P02/02 U-578
Q13X OF QK 119ume-
11*114"t �d z"I"r Depa"Mow
COMPREHENSIVE PLAN MAP AMENDMENT APPLICATION
P dwk vm.,
Q43mall 8"19 Arnandment (Under I a Acres) CX0194 SCSI* Amendment (over 10 Acres)
NeMe of Property C)"Sr. PhiliP Y.—and Lori C. Berqer and gerald A. Lefebyre
Mallino Address P- 0. Box 158, Okeechobee, F1, 34973
HoMe Telephone *."'- I UJ-00 I I Work Telephone 863-763-6411
Name of Applicant, 'if other than owner, (relationship)
Applicant Mailing Address
Home Telephone
Work Telephone
Property Address/1.0c;ation _1302 SW 21KI AVC11Ue, 01'ecchoIX--e, 34974
Property Parcel Number 3-21-37-35-0040-00210-0010
Curront Zoning Designation - Residential Single Family
Current Future Land Use Designation
Existing Use of the property Residential Rejital
Proposed Future Land Use Designation Commercial
Proposed Use of ilia Property Office, Store or shop
Size Of Property (In'acres) 2 lots 7,125 SF
Description of Surrounding Propartleg Commercial -- i-oun Lain of Youth; Child care Center;
R.J. Gators Restaurant; Dairy Queen Restaurant.; Single Family Residence
Legal Description of Property (LOngthy Description May Be Attached -
Lots 1 & 2 South Okeechobee
Reaulted.Attaghments:
• Survey Of Property (111 " x 1414, 2006 Scale) e Application Fee $500.00
• Letter Outlining Request a r1fu I At-WInn rna&%
-- -- — ' T-- I ---- 11 F f
H
Philip Y. Berger
Lori C. Berger
Gerald A. Lefebvre
P.O. Box 158
Okeechobee, FL 34973
August 21, 2003
City of Okeechobee
55 SE 3 d Avenue
Okeechobee, FL 34974
Ref. Lots I & 2 Blk 21 South Okeechobee
Dear Sirs:
Philip Y. and Lori C. Berger and Gerald A. Lefebvre own the above referenced property.
We would like to rezone the property because it is in a light commercial area and is
surrounded by light commercial properties. We intend to use it as a shop or store or
office. We may use it eventually to accommodate some parking from RJ Gators.
Our intended use, as indicated above, is as a store, office, or shop.
�. 'Meechobee County Prop(' Appraiser - Map Printed on 8/21/200 T 2:21:12 I'M Page I ol'I
49 12
142.5
S.W.13TH STREET
4
2
2.5
3-2'1-37-35-0040-002'10-0010
BERGER PHILP Y & LEFEBVRE GER
11 tI 912002 - $85,000 - IAJ
2
3
4
5
6 2
Okeechobee County Property Appraiser
-T--�
32 64 96 ft
N
W.C. *Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422
W E
PARCEL: 3-21-37-35-0040-00210-0010 -SINGLE FAM(0001100)
SOUTH OKEECHOBEE LOTS I & 2 BLOCK 21,
Name: BERGER PHILIP Y & LEFEBVRE GER LandVal $14,087.00
Site: 1302 SW 2N D AVE, Okeechobee BIdgVaI $38,981.00
PO BOX 158 ApprVal $54,764.00
Mail:
OKEECHOBEE, FIL 349730158 JustVa 1 $54,764.00
11/19/2002
$85,000.001/U Assd $54,764.00
Sales
11/l/1994 $0.0011 U
Info Exmpt
511/1984 $35.000.001 / Q Taxable $54.764.00
This information, Last Updated: 08/01/2003, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment. This Information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or Implied, are provided for the accuracy of the data
herein, it's use, or it's Interpretation. Although it is periodically updated, this Information may not reflect the data currently on file in the
Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes.
http:llwww.okeechobeepa.comIGISIPrint—Map.asp?pjbnlkpiligmeclpofffddhfacbdkkhhdopcn... 8/21/03
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ExHIBIT 2 -
OCTOBER 7 AGENDA
ORDINANCE NO. 838
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
LAND DEVELOPMENT REGULATIONS, ORDINANCE NUMBER 669;
PARTICULARLY CHAPTER 86 SUBDIVISIONS, ARTICLE 11 THEREOF;
TO PROVIDE FOR ADMINISTRATIVE REVIEW OF PRELIMINARY PLAT
APPLICATIONS; PROVIDING FOR ADMINISTRATIVE PRELIMINARY
APPROVAL, DENIAL OR MODIFICATION OF PRELIMINARY PLATS;
PROVIDING FOR DEVELOPER TO SUBMIT COPIES OF SAID PLAT
APPLICATIONS TO THE CITY COUNCIL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations for the City of Okeechobee, Florida,
Chapter 86, Article 11, thereof, currently requires that developers submit to the City
Council all preliminary plat applications for review, approval, denial or modification;
and requires four copies to be submitted; and
WHEREAS, the City of Okeechobee has organized certain Citizen Boards to review all
building permit applications and site plan review and approvals, and also submits
such applications to Department Heads, and utility providers for review and
comment; and
WHEREAS, such Citizen Boards provide a valuable service to both the City of
Okeechobee and its citizens, in that such boards may review development
applications, determine sufficiency with applicable codes and Comprehensive Plan,
and provide a developer with direction on a particular application prior to
submission of final plans for approval and obtaining a development permit; and
WHEREAS, such procedures before the Citizen Boards could also be utilized for
preliminary plat approvals, thereby providing the developer the technical
information needed to correct, amend or proceed on an application without first
having to appear before the City Council; and
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that Ordinance Number 669, Chapter 86 Article 11, be
amended in the following respects, with any language to the contrary in existing
regulations deemed rescinded and replaced:
SECTION 1. AMENDMENTS.
Sec. 86-42. Preapplication procedure.
(a) Prior to the filing on an application for conditional approval of the preliminary
plat, the developer or subdivider shall submit to the City e0une", through the
General Services Department eity administrate for review by City personnel
and the Technical Review Committee, plans and data as specified in this
subpart B. This step does not require formal application fee, or filing of plat
with the City Council. The specified plans and data shall be filed with the
City Building Official Administra who will in turn refer the material to
appropriate City Departments for review, comment, criticisms and
suggestions, and in turn submit them with the preapplication plans and data
to the Technical Review Committee Gity Gouneff.
(b) Within thirty (30) days after receipt by the City of the preapplication material,
the Technical Review Committee Gity Gou shall meet, review the
materials, comments and data as submitted or modified, and inform the
H
developer whether that the plans and data, as submitted or as rned ified, do
or do not meet the objectives of this chapter and the City Comprehensive
Plan. When the Committee Gity finds the plans and data do not meet the
objectives of this chapter, it shall express in writing the reasons therefore.
Sec. 86-43. Procedure of conditional approval of preliminary plat and approval of
construction plans for required improvements.
(b) Eleven Few copies of the preliminary plat, improvement and
construction plans, Technical Review Committee Comments, and
supplementary material specified shall be submitted to the City
Council through the City Administrator with written application for
conditional approval at least 14 days prior to the meeting at which it
is to be considered.
SECTION 2. REMAINDER OF SECTIONS.
In all other respects not otherwise herein amended, Chapter 86, Article 11, Sections
86-42 and 86-43 shall remain in full force and effect.
SECTION 3. SEVERABILITY.
In the event any portion of this ordinance as amended, should be deemed to be
unenforceable by a court of competent jurisdiction, the remainder shall remain in
full force and effect.
SECTION 4. EFFECTIVE DATE.
This ordinance shall become effective immediately upon its adoption.
INTRODUCED for first reading and public hearing on the 7th day of October, 2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
ADOPTED after second reading and second public hearing on the 160' day of Qctober,
2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
REVIEVVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
EXHIBIT 3 -
OCTOBER 7 AGENDA
EXHIBIT 3
Will be provided by
Attomey Cook
A "IAZ
I
SCOTT R. CMUSTIANSEN
H. LEE DEHNER
LAW OFFICES
CHRISTIANSEN & DEHNER, P.A.
63 SARASOTA CENTER BLvD.
SUITE 107
SARASOTA, FLORIDA 34240
September 30, 2003
Mr. Bill L. Veach, City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34974
Re: City of Okeechobee Pension Plans
Dear Mr. Veach:
ExHIBIT 4 —
OCTOBER 7 AGENDA
PHONE: (941) 377-2200
FAx: (941) 377-4848
Assuming you will make this letter available to the members of your City Council, I would
first like to apologize for my failure to timely discuss with the Boards of Trustees the issue regarding
the payment of interest on member contributions which the City Council requested that I do at their
meeting on June 17th. While I did meet with all three Boards on August 13th and I had every
intention of discussing this matter with the Boards, I inadvertently overlooked this issue and
therefore I was unable to provide you with the Boards' recommendation.
On September 29th, I met with all three Boards at a special meeting to discuss this issue. I
informed the Boards that the City Council had asked that I prepare ordinances to discontinue the
payment of interest on member contributions. Accordingly, I have done so and those ordinances are
enclosed.
Since City Council had asked that I meet with the Boards and seek the Boards'
recommendations regarding this issue, we did fully discuss the pros and cons of paying interest on
member contributions at our special meeting and each Board has recommended to the City Council
that rather than eliminating interest on member contributions completely, interest on contributions
on all three plans be reduced to 3% per annum. Since the general employees'pension plan already
pays 3% interest, no change in this plan would be necessary in order to accomplish the 3% interest
rate. I have enclosed an alternate ordinance designated "B" in the bottom right hand comer of the
ordinance which would reduce the interest rate in both the police officers' and firefighters' plans to
3% compounded annually on September 30th and not prorated during the year. These alternate
ordinances would make the police officers' and firefighters' pension plans identical to the current
general employees'pension plan.
The Boards are recommending that we continue to pay a nominal amount of interest on the
member contributions because they recognize the fact that the pension plans are mandatory and
members are required to make contributions to the pension plans upon becoming an employee
Mr. Bill L. Veach, City Administrator
September 30, 2003
Page 2
regardless of whether or not they wish to participate. In addition, from an actuarial standpoint, the
actuary assumes that the plans will earn an investment rate of return of 7%. Over the last ten years,
the plans have actually earned an investment rate of return of 7.2%. Accordingly, over that period
of time, the plans have earned 7.2% on the contributions which members have contributed to the
plan. By paying a 3% return on a member's contributions, you can see that the plans still would have
earned a net return in excess of 4% on member contributions that were withdrawn over that period
of time. For this reason, each of the Board of Trustees has requested that the City Council consider
establishing a 3% return on member contributions rather than totally eliminating interest on these
contributions.
If City Council wishes to establish the 3% return on member contributions, no change needs
to be made to the general employees'pension plan and the ordinances designated as "B " for both the
police officers' and firefighters' plan should be adopted.
I will be present at your meeting on October 7th to answer any questions which City Council
might have. If you have any questions prior to that time, please feel free to give me a call.
Yours e ly, L
Scott R. Christiansen
SRC/bm
enclosures
cc: Bill Douglas, with enclosure
Marita Rice, with enclosure
Bettye Taylor, with enclosure
Theora Braccilarghe, with enclosure
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
POLICE OFFICERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS, BY
AMENDING THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Police Officers'Pension Trust Fund,
adopted pursuant to Ordinance No. 749, as subsequently amended, is hereby further amended by
amending Section 1, Definitions, by amending the definition of "Accumulated Contributions", to
read as follows:
Accumulated Contributions means a Member's own contributions with interest at the rate of
five and one -quarter percent (5-1/4%) per annurn through September 30, 1993 and four and one -
quarter percent (4.25%) per annurn dieteafte, through October 30, 2003 and no interest thereafter.
For those Members who purchase Credited Service at no cost to the System, any payment
representing the amount attributable to Member contributions based on the applicable Member
contribution rate, and any payment representing interest and any required actuarially calculated
payments for the purchase of such Credited Service, shall be included in Accumulated Contributions
without the crediting of interest of fb-ar and one-cluarter pereent (4-1�456) per mnitzrn.
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION3: All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency, or other body
with appropriate j urisdiction, the remaining section, subsection, sentences, clauses, or phrases under
application shall not be affected thereby.
SECTION 5: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this _ day of
2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
A
1H
Passed on second reading after public hearing this _ day of 2003.
Mayor
ATTEST:
Lane Garniotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
bm\ok\po1\09-24-03.ord
A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
POLICE OFFICERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS, BY
AMENDING THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Police Officers'Pension Trust Fund,
adopted pursuant to Ordinance No. 749, as subsequently amended, is hereby ftirther amended by
amending Section 1, Definitions, by amending the definition of "Accumulated Contributions", to
read as follows:
Accumulated Contributions means a Member's own contributions with interest at the rate of
five and one -quarter percent (5-1/4%) per annum. through September 30, 1993., and four and one -
quarter percent (4.25%) per annum thereafter through October 30, 2003 and three percent (3%) per
annum. thereafter compounded annually on September 30. Interest is not prorated on Member
contributions during a Plan Year. For those Members who purchase Credited Service at no cost to
the System, anypayment representing the amount attributable to Member contributions based on the
applicable Member contribution rate, and any payment representing interest and any required
actuarially calculated payments for the purchase of such Credited Service, shall be included in
Accumulated Contributions without the crediting of interest of fbtr mid one -quarter percent (4-1M%)
per aminin.
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency, or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under
application shall not be affected thereby.
2003.
SECTION 5: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this _ day of
James E. Kirk, Mayor
B
k 11
ATTEST:
Lane Garniotea, City Clerk
Passed on second reading afterpublic hearing this _ dayof 2003.
Mayor
ATTEST:
Lane Garniotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
bm\ok\po1\09-24-03.or2
B
EXHIBIT 5 —
OCTOBER 7 AGENDA
ORDINANCE NO. �qj
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
FIREFIGHTERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE NO. 750; AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS, BY
AMENDING THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund,
adopted pursuant to Ordinance No. 750, as subsequently amended, is hereby further amended by
amending Section 1, Definitions, to amend the definition of "Accumulated Contributions" to read
as follows:
Accumulated Contributions means a Member's own contributions with interest at the
rate of five and one -quarter percent (5-1/4%) per annum through October 30, 2003 and no interest
thereafter. For those Members who purchase Credited Service at no cost to the System, any payment
representing the amount attributable to Member contributions based on the applicable Member
contribution rate, and any payment representing interest and any required actuarially calculated
payments for the purchase of such Credited Service, shall be included in Accumulated Contributions
without the crediting of interest of five mid one -quarter percent (5-f M56) percent per anntun.
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency, or otherbody
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under
application shall not be affected thereby.
SECTION 5: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this _ day of
2003.
ATTEST:
Lane Gamiotea, City Clerk
James E. Kirk, Mayor
t T
A
Passed on second reading after public hearing this _ day of 2003.
Mayor
ATTEST:
Lane Garniotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
bm\ok\fire\09-24-03.ord
A
1fi
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
FIREFIGHTERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE NO. 750; AS SUBSEQUENTLY
AMENDED; AMENDING SECTION 1, DEFINITIONS, BY
AMENDING THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS99; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust Fund,
adopted pursuant to Ordinance No. 750, as subsequently amended, is hereby further amended by
amending Section 1, Definitions, to amend the definition of "Accumulated Contributions" to read
as follows:
Accumulated Contributions means a Member's own contributions with interest at the
rate of five and one -quarter percent (5-1/4%) per annuin through October 3 0, 2003 and three percent
(3%) 12er annum thereafter compounded annually on Sgptember 30. Interest is not prorated on
Member contributions during a Plan Year. For those Members who purchase Credited Service at
no cost to the System, any payment representing the amount attributable to Member contributions
based on the applicable Member contribution rate, and any payment representing interest and any
required actuarially calculated payments for the purchase of such Credited Service, shall be included
in Accumulated Contributions without the crediting of interest of five and one-quartei percent (5-
H4%) percent per wnitniT.
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency, or other body
with appropriate j uri sdiction, the remaining section, subsection, sentences, clauses, or phrases under
application shall not be affected thereby.
2003.
SECTION 5: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this _ day of
James E. Kirk, Mayor
B
ATTEST:
Lane Garniotea, City Clerk
Passed on second reading after public hearing this _ day of � 2003.
Mayor
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
bm\ok\f1re\09-24-03.or2
B
EXHIBIT 6—
OCTOBER 7 AGENDA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'
RETIREMENT SYSTEM, ADOPTED PURSUANT TO
ORDINANCE 828; AMENDING SECTION 1, DEFINITIONS,
TO AMEND THE DEFINITION OF "ACCUMULATED
CONTRIBUTIONS"; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees'
Retirement System, adopted pursuant to Ordinance No. 828 is amended by amending Section 1,
Definitions, to amend the definition of "Accumulated Contributions" to read as follows:
Accumulated Contributions means a Member's own contributions with interest at the
rate of five and one -quarter percent (5-1/4%) per annum through September 30, 1993., and three
percent (3%) per annum through October 30,2003, theteafter compounded annually on September
30 and no interest thereafter. Interest is not prorated on Member contributions during a Plan Year.
For those Members who purchase Credited Service with interest or at no cost to the System, any
payment representing the amount attributable to Member contributions based on the applicable
Member contribution rate, and any payment representing interest and any required actuarially
calculated payments for the purchase of such Credited Service, shall be included in Accumulated
Contributions without the crediting of interest of thTee percent (3%) percent per ami, .
SECTION 2: Specific authority is hereby granted to codify and incorporate this Ordinance
in the existing Code of Ordinances of the City of Okeechobee.
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the
particular application thereof shall be held invalid by any court, administrative agency,
or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or
phrases under application shall not be affected thereby.
SECTION 5: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this _ day of
2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
I h1l
Passed on second reading after public hearing this _ day of � 2003.
Mayor
ATTEST:
Lane Garniotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
bm\ok\gen\09-24-03.ord
ExHIBIT 7 —
OCTOBER 7 AGENDA
T
Memorandum
To: Bill Veach
From: Carolyn Arnol
Subject: Pension Trustees Education Requirement
Date: October 2, 2003
To clarify for you the Pension Board recently was directed by the State who now requires all
Pension Trustees to attend some form of education during their term. The education is not
limited to a seminar, or conference, any type of education is accepted. Our attorney Mr. Scott
Christensen has stated that for those trustees who are not allowed to attend out of town
conferences by their employers he would offer us some education in workshop form to cover that
requirement. The State also recommends that new trustees attend such classes within the first six
months of being elected or appointed to the Board. The State also understands that depending on
when your term starts the classes may not be offered within the first six months.
I hope this answers your questions and if not, please let me know.
Thank you.
---T T
a
EXHIBIT 9 —
OCTOBER 7 AGENDA
To: Mayor, Council Members, and City Attorney
From: Lane Gamiotea, City Clerk
jll�
Subject: Alley Closing Application No. 70
Date: October 1, 2003
Attached herewith please find a completed alley closing application by Paul and Marilyn Buxton, to close
the North to South, and West to East alleyways in Block 109, City of Okeechobee.
Should Council wish to move forward with the application, a motion would be in order to instruct Attorney
Cook to draft an ordinance vacating the alleyways and present it at the next regular meeting for first
reading (October 21, 2003). Easements retained in the ordinance will not be necessary. All utilities will
be moved and reassigned at the property owner's expense. We have standard language that would bind
the effective date of the ordinance to the reassigned easements. Examples of past applications that
have been processed in this manner are Eckerd Drugs, Walgreens and the County Judicial Complex.
Thank you.
1 IF FT -F f
05011111111 Iloilo
1111:11CM: 11CHER1
MIN go
Tlow -H. it. PAZ,
CITY OF OKEECHOBEE
STREET OR ALLEY CLOSING APPLICATION
Please type or print:
[APPLICATION.
Paul M. and Marilyn A. Buxton
2517 SW 22nd Circle
Okeechobee,
FL 34974
Not applicable
.A -.1k.6 -M
it W
P MW , NNR Q p 8
M, WMpi ROM"?, NOW.-
rupuffir Wilumiarayl e
Je
My
r..AU,,,5Tf.b d h
-;'KLEGAbDESdRIPTfiJ AMMON O�C rf
-"Y',hith'CRYT.,OMCHOOMOOFIRsrr,, u. or-, V"AW
FZTREET1Xl2jH1 01,111111111tilift1v Wativere insy W A he Simple Intimt from H8mjfth:TrW it Form IndrN
jt�n,_ �Ok OR
That 15 foot alley lying between Lots 1 and 10 and Lots 4 through 9, Block 109
City of Okeechobee and that 20 foot alley lying between Lots 1 through 3 and
Lots 10 through 12, Block 109, City of Okeechobee.
.-�PURPOSE OF�PLO
...'STREET/ALLE) Inip� To utilize the entire property for future development.
Note: if property is in two names by the word "and" both signatures are required (for example: Jim an
Jane Doe).
SIGNATURE OF APPLICANT:
Print name: Paul M. Buxton
SIGNATURE OF CO -APPLICANT:
Print NaFT4:Marilyn A. Bux'ton
The foregoing instrument was acknowledged before me this September 29, 2003 by
Paul M. Buxton and MARILYN A. Buxton (date)
who is personally known to me or
(applicant) (co -applicant) — .W--
who produced
as identification and who did (did not) take oath.
WgfVIKKILYNN
MYCOMMISSION#
1 QFVLI ,
1WOF EXPIRES:J— ew LZI-P�Notary Public, Commission NO. DD-027331
I-aWUOT-y FLNb.WWvySvW.& (9101hature)
(11
.jnAA.�n� (Name of Notary typed, printed or stamped)
-1.11-- -1-7- .- --- V
-1.00
Q11itchim Decill 3 7
PRFPA]4yfl FIN
70 C 0 P I:
ROII I kri. K I +AS, IN
I 9-1A S I III'd
Pr- St 1-, 344909
MIEN M -okor.l)
MAII. 'r():
PAI It, Nf. Dt IXTON and ';H&ROPI ROII,'RT�,0,'
MARILYN& III IX-1 (IN ri oF CIRr"IT CO(J;�
25 17 SW 22nd Circle
Okeechobee. rJorida 34974
Parcel LD. 3-15-37-35-01)10.()l
N?*A('F. AlIM-F, I Olt Fir. (-OHnF.IJ-S ll�r.
T)eed 1111dc oil April 20 '(0). ror no consideration. PAOL NI MIXTON AND MARILYN A. BUXTON.
his1vifc,dohcrcbyRc " I
misc, Rcicascand Qu;tcl!1in1 10 PAUIM. BUXION AND MARILYN A BUXTON,
Trustees, or their successors in (nist, tinder Ille IXIXTON I-lVr-`IG TRUST dated April 20, 20M, and
anY arrIctridn—ft; thereto I 1vith rull Pawcrand authority to project c
10 encumber Ind othenvise manoge FInd oil:; . onscrvc aild I(, sell, or to lCusc, Or
Section 689.071 rose or said real propcjl�,
, Florida Statilic-s, whose ad(ir,.,ss is 2517 S\V 22nd dcscrl�cd herein piimuan( to
34974 111 their intcIr—qt in and to the 11011—ing described real propc.-ty ; Circle, Okeechohce, , Florida
State Of Florida: I n file C,)t:nlv 0170kcechobee,
Lots 1, 2 and 3, Block 10(), CITY OF OKECCF
P!at F3(xk 5, 10BEE� according to 'he Plat I her cof recorded in
page 5 Of 111c Pliblic Record., OrOk-ccchobec Cotimy, Florida.
This deed 'as Prepared Wilhout the bencrit ors I ific search and the description orthe properly was
PArties. The preParcr or this deed assumes no
the Status or the title in the property. "ability whatsoever either ror the acct,racy of the leg Almished by the
-11 description or
Signed, scaled Ind delivered
in our prucricc:
Witri It g, na I I I re
Printed Name
Signmurc,
'I --
a n'—ic�
ri & ed �1
STATE OF rl-OP I, —,A
COUNTY 01: S1-- uxlr-,
PAUL.
ARILYN A. IWXTON
DocuirIc"tary Sltatrps Nhj in tnp
arrXxlrrt of
'70
C 1 C I n �-In S, 1, 1,'
of
ShatOn R(b0f111;On, CI,,.
c"I Circuit coul�—
Okecc;w
Ss Lly:
'fic foregoing insininicrit
and krARILY N Ivas '1ckl1o%"IcA':cd 11,:fiorc me I:Iis i)rii 2(, 11Y VAUI 1,! Iq
A.
�,,,NOIO art, persFNt11llv k CON
no"I I(` Or
It 116111c,ifion �!Tld wl!" d:j (d:
I Il� n0l) t:'KC an o,i:,
line
6
0 4 12 U;'
SIVzd. led and dclivered in our presence:
'Witness N.f6ii jo
, fy� CASSELSI:?-T�RU
State of Florida
CmmtyofOkmhobee
The foregoinS Wtrufmnt was acknowledged before rne this 22nd day or March, 2002 by JOHN r. CASSELS. JR..
TRUSI E, who IXI is Personally known or U have produced
Identification. as
(Notary Seal]
431 N ary Public
S...........
Printed Narne:
MY Coffuniision Expires:
367145
It: 35
f, �jl
L Cir: fij�T COOUP, T
I
No"If
Do.bl.n—
PAC 10. E6
U)-- avlaoo
1 :1!0412 F!�.; 1585
Prepared by and fctuMjp: DOcumett"Ittirf Stamps Paid In ft amount d
JOI IN D. CASSELS, Jq. $ —21.�to - 0 0
Attorney at Law Clau C 11111121110 Tax paid In thil Amount
Cassels & McCall Of $ —a—
P.O. Box 969 400 NW Second Street stiaron iGs;�; , �Cwk of �Cjcut Court
Okeechobee, FL 34973 Ok-dftft County, FWft
File Number. 07 By: 9 D.C.
Will Call No.: Date: 202-
[Sr., Ab— T).j, U� F� R—rdi.j D..l
Trustee's Deed
This Trustee's Deed nude this 22nd day or March. 2002 between JOHN D. CASSELS. JR.. as Trustee whose post
office address 12 400 N.W. 2nd Street, Okeechobee, FL 34972 . grantor, and PAUL M. BUXTON and MARILYN A.
BUXTON at Trustees ofTHc 13UXTON LIVING TRUST DATED APRIL 20, 2000 whose post ofrice address is 2517 S.W.
22nd Circle, Okeechobee, FL 34974. grantee:
rWl`---i b-1-i- tk " Mffl...d 9—ter i�lud, AM o'cPsnict to this inINURK" and Ow helm, legal tplew
Oftilthtsoccessons-d-osignsorcmipm tj".jnnu..dtmt_)
Witnesseth, that said grantor, for and in consideration of the sum TEN AND NOII 00 DOLLARS (S 10.00) and other good
and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged. has
granted, bargained, and sold to the said grantee, and grantee$ heirs and assigns forever, the rollowing described land, situate,
lying and being in Okeechobee County, Florida, to -wit:
LOTS 4. 5, 6.7. 8, 9, 10 AND 71JE WEST 112 OF LOT 11, 13LOCK 109. OKEECHOBEE, ACCORDING TO TIIE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
SUBJECT TO RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. IF ANY.
The Grantees trust provides the trustees with the full power and authority to protect, conserve, sell, convey. lease, encumber
and to otherwise manage and dispose of said real property.
Together with all the tenements, hereditaments And Appurtenances thereto belonging or in anywise appertaining.
To Have and to Hord, the sarm in fee simple ro"vcf.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in ree simple: that the
grantor has good right and lawful authority to sell and convey said land; that the grontor hereby fully warrants the title to said
land and will defend the same against the lawful ciaimA or all persons claiming by, through or under grantors.
TO Witness Whereof, grantor hp. hereunto set grantor's hand and seal the day and year first above written.
Do.ble'ri.-
U.
O'K'0477 PAGE 1864
Doctinx-it3ty Stamp% p4ml in ttv
JOHN D. CASSIELS, JR. mount of
Attorrwy at Law zorj o
Casawe a McCall C'A%' k' IfItAnOble IA.
P.O. Box #69 400 NW 341cond street Of I
Okeechobee, Fl. 34973
Fft NO.: 291 CAMN
OW1104 S.S. No. By: D.C.
Date;
Pat Id-WICAtiOn No. 3.15-37-35-0010-01090-0120 .
Above This Line For Recording Data
Warrailty Deed
(STATUTORY FORM - SL:CTION 689.02. F.S.)
This Indenture made this 3rd day of June. 2002 Between
JANET SCHAFFER, a single woman whose post Office address is 1566 SW Balmoral Trace. Stuart, FL 34997
of the County Of Martin. StBte of Florida. grantor-, and
PAUL M. BUXTON and MARILYN A. BUXTON - Trustees, of their successor$ in trust, under the 9
LMNG TRUST DATED APRIL 20,2000 and any amendments thereto whose UXTON
Post Office address Is 2517 SW
22nd Circle, Okeechobee, Fl. 34974 of the County of Okeechobee. State of Florida, grantee*,
Witnesseth that said grantor for and In consideration of the
Other good and valuable cons�erallons to Bald grantor In hand sum of TEN AND NO1100 DOLLARS (SIO-00) and
paid by said grantee, the receipt whereof Is hereby
lackwMedged, has granted. bargained, and sold to the said grantee, and grantee's heirs and assigns forever. the
following dewAbed land. situate, lying and being In Okeechobee County Florida, to -wit:
The East 112 of Lot I I and all of Lot 12. Block 109, Okeechobee, according to the map or plat thereof as
recorded In Plat Book 6, Page il, Public Records of Okeechobee County, Florida.
SAW 10 restrictions, reservations and easements of record, If any.
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of
81 Persons; whomsoever.
. *O"`nt0r* and *GrAnt"'Oni, used fw.kVuIf or pit",, , context requi,.s.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed O-A -
livered In Our Presence:
is Namei:
it— Name:
State of Florida
COuntlrol'Okeech.tift
The lo"190ing instrument was acknowledged before me Ibis 3rd day of June. 2002 by Janet Schaffer, who
known or U has Produced as iticrifiricat' I. Personally
[Notary Scall
'40 Public
rinted Name:
MY Commission Cxpi,,.
ExVii- AWM 31,20n
0 FILED Fop PECO�,r:
"EC"lill' C;)UNT-r.
371259 2002 JLI�j - 3 PR 4 -- � 3
SHARON ROSER TS, I
C'ERX OF CIRCUIT CoVURIT
ZN, 'g"4"eere- — ?-14V.3
AU'Vi-odzed Signature Typed Name & Title Phone No. Date
G
Ajocl�fT6;j
(26") W S-14f V'/-Ilf I C-F
Authorized Signifure Typed Name & Title Phone No. date "
ilot' Ve
Ok
47
9 A4
Authodzed elgq�(Wre Typed Name &7Title Phone No. Date
0" HAr A Z'- wA�+e-A- I-f.Je- qjjej-
- e�L—sr-o OL-4-Pr W—elf AQA-irbod 774-c WA4C& tl;J4 ,J
oA/
Authorized Signature Typed Name & Title Phone No. Date
Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions:
e--r -7�-j-7Zle-
1AJ7 4at-er7— ,Aj 7/'& 411f:2 Dexegjlec/ /A) 4t.-I
R- C- C- /11?fr,# Q- - 7-ku 174 e- 96-3-74331,i-V 9�-I-r o
Authorized Signature Typed Name & title Phone No. Date
IV
--1
. - e a
Page 3 APPLicATiOk
-7 0
INSTRUCT AftertPagi§s�,
by,applicant."Retur
n jaintire ap at!
00r,' 0�0116iW
ity Clerk's.0 e5$2& iiiiils�then paid. HE". R IS 0
to the! )Mc Th"i"
T
K FF E'
k F6LL6W1N'G`':DE"';"-
WILL kA FT E PARTMO t 8IGN'OFF BELOW.
z,
PUBLIC WORKS',;
DEPARTMENT See -tt.,w merno.
Autli6rize-d dig -nature Date
Donnie Robertson, Public Ubrks Director
Typed Name & Title
Autliorized Signature Date
Oscar Beraudez,fity Fngineer
Typed Name & Title
rized Signature Date
Demy Davis, Police Chief
Typed Name & Title
FIRE No obiections or cannents
DEPARTMENT
L:
Authorized Sig
,p,gfiure
Keith Taney, Fire Chief
Typed Name & Title
9-29-03
Date
Authorized Signature Date
Bill veach, City A&dnistrator
Typed Name & Title
APPLICATION APPROVED BY:
p,
LANE GAMITOEA, CITY CLERK
DA4E—
Revised 413103.LG
IT- --- t T
Memorandum
To: Lane Garniotea, City Clerk
From: Oscar Bermudez, Engineer
Date: September 30, 2003
Re: Alley - Closing application from Paul M. and Marilyn A. Buxton
The Engineering Department has visited the site and found that future
drainage problems may be generated near the requested abandon
subject City of Okeechobee Alley.
We are aware of the critical drainage problems on City of Okeechobee
especially on S.R. 441 and for that reason the Engineering Office will
recommend not approving the request for the Alley Closing until future
development of the area is presented.
It is the Engineering Department's opinion that the City of Okeechobee
shall be very cautious before abandoning any street right-of-ways or
alleys.
FALL FESTIVAL
SW 6 Til AVENUE
NOV I
LA W ENFORCEMENT EXPO
SWP, 4TN65T'm A VENUES
NOV 9
CONCERT IN THE PARK
SW 4T" A VENUE
NOV 15
FRESH WATER FESTIVAL
SW 3RO A VENUE
NOV 22
CHRISTMAS FARADE/CRAFTS
SW 3" A VENUE
DEC 13
DANCE VLOCK PARTY
Sw 6 71, A VENUE
DEC 13
RELAY FOR LIFE
SW 6 TH AVENUE
FEV 20-21
SPECKLED PERCH FESTIVAL
SW 2' , 3*D 4T'q 5Tff
TH
6 6 AVENUES
MAR 13-14
w5w, 11
1�
W.9w.;
Lp
0
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ExHiBIT 10—
OCTOBER 7 AGENDA
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City of Okeechobee
55 Southeast r Avenue #Okeechobee, Florida 34974 * 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk on] .
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
FIRST BAPTIST CHURCH
Today's Date
9/30/2003
Address
401 SW 4th Street, Okee, FL 34974
Phone(s)
763-2171
Name of Property Owner
CITY OF OKEECHOBEE fax: 763-8904
Address
55 SE 3rd Avenue, Okee, FL 34974
Phone(s)
763-3372
Street to be Closed
SW 6th Avenue between N & S Park Streets (Parks 5 & 6)
Dates to be Closed
Saturday, November 1, 2003
Time(s) to be Closed
3 p.m. to 11 p.m.
Alternative to house to house trickkor-treating
Purpose of Closing
Fall Festival Free to the community.
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
'lot
must be attached for each business participating. Permits can be obtained from
General Services.
state Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalksY
sa'Clean-up is required within 24 hours.
owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
W"No donations can be requested if any type of alcoholic beverages are served on private
propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
swThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
owDumpsters and port -a -lets are required when closing the street for more than 3 hours.
- -- I -- I F-- --- T I
PUBLIC WORKS
DEPARTMENT
�, ),- , " -, kv, > (21 - -; -, 0 -
Authorized Signature Date
Authorized Signature Date
FIRE
DEPARTMENT
Authorized Sig
9 /S0 I US
Datle I
Donnie Robertson, Public Works Director
Typed Name & Title
66&y Davis, Chief of P�Iici
Typed Name & Title
L. Keith Tomey, Fire Chief
Typed Name & Title
ADMINISTRATION
Occupational and/or State License Verified:
Authorized Signature'
CLERK'S
OFFICE
-3 Bill L. Veach, City Admi nistrator
Date Typed Name & Title
Authorized Signature Dat�
APPROVED/DENIED BY COUNCIL ON:
Lane Gamiotea, City Clerk
Typed Name & Title
Revised 8/05/03
a
I City of Okeechobee
55 Southeast 3' Avenue * Okeechobee, Florida 34974 # 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only.
TFIVIPORARV RTRFFT AMn -4Z1n9=1A1A1 V f-1 nolkiran
Name of Applicant
Op 4�" L
Today's Date
f C)q 103
Address
Phone(s)
(a3-1191
Name of Property owner
Address
4�eOLLt-
Phone(s)
Street to be Closed
2�i
Dates to be Closed
6�4�*' a003
Time(s) to be Closed
Z:7-
aw\, co
Purpose of Closing
bio 6foWMDJ &00
�SJDI
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks)
OwClean-up is required within 24 hours.
va'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
WrNo donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
owThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
OwDumpsters and port -a -lets are required when closing the street for more than 3 hours.
-T'-'-- -T
PUBLIC WORKS
DEPARTMENT
Authorized Signature
FIRE
DEPARTMENT
Authorized Signat
q /3o/rD Donnie Robertson, Public Works Director
Dafe ' Typed Name & Title
Typed Name &
9 /fw / L. Keith Tomey. Fire Chief
Date Typed Name & Title
ADMINISTRATION
Occupational and/or State License Verified:
I
A-0
Authorized Signature
� - Tr Bill L. Veach, City Administrator
Date Typed Name & Title
CLERK'S
C/M �J)Cld ctf)tj- ry I&Vo-anE
. U I U
EA"c�-� -b ta� lct�d lzu�aL -� k V� -11AV
OFFICE
C
Authorized Signature
le ' /I
Date
APPROVED/DENIED BY COUNCIL ON:
b
Lane Gamiotea, City Clerk
Typed Name & Title
Revised 8/05103
11
of Okeechobee
55 Southeast 31d Avenue * Okeechobee, Florida 34974 * 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only,
TEMPORARY STREET AND SIDEWALK C-LORIMr.
Name of Applicant
Today's Date
Address
L-/ Ll I
Phone(s)
LIU
Name of Property Owner
Address
—FPhone(s)
Street to be Closed
-t-n ID
Dates to be Closed
Lp— �rn I-X)G-3
Time(s) to be Closed
C20-2 0-)
Purpose of Closing
142
Oonpori n +tie Pn r
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalksy
swClean-up is required within 24 hours.
uwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
owNo donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
vwThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
OwDumpsters and port -a -lets are required when closing the street for more than 3 hours.
- 1--- ---T--� 11 ---------- T -
Authorized Signature
POLICE
DEPARTMENT
Authorized Sianature
FIRE
DEPARTMENT
Authorized Sig
Date Typed Name & Title
Date
Date
c
4. F—Cb P11JAbPr— Sk25"*94-
Denny Davis, Chief of Police
Typed Name & Title
L. Keith Tomey, Fire Chief
Typed Name & Title
ADMINISTRATION
Occupational and/or State License Verified:
"'Xuthorized Signature
!i - - 0 Bill L. Veach, City Administrator
Date Typed Name & Title
CLERK'S W-1 MXV2
OFFICE OWWW-Alrow,11000.0
Authorized �ignature
H)b I Z — Lane Gamiotea, City Clerk
Dat� Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
I
City of Okeechobee
55 Southeast 3'4 Avenue # Okeechobee, Florida 34974 # 863- 763-3372
Complete entire application with an applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only.
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
.Okeechobee County Chamber of Comierc,k_,
Tc1lay'., Date
I
n
Sept-22, 2003
763-6464
Address
55 South Parrott Avenue
Phone(s)
Name of Property Owner
Okeechobee, Florida 34972
Address
Phone(s)
Street to be Closed
SW 3rd Avenue
Dates to be Closed
''November 2-, 2003
7:00 AM to 4:30 PM
Time(s) to be Closed
Purpose of Closing
(pedestrians wal�ing throneh parks to observe arts/crafts/food)
Cqlqn pn-rt-alet-0 .1%,
Original Signatures of all residents, property owners and business owners affected
t'/A
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it Is a business that the name of the business and owner Is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
--,:p
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License If selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks)
�NwClean-up is required within 24 hours.
NwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
9wNo donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
owThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
LGrDumpsters and port -a -lets are required when closing the street for more than 3 hours.
ige)
A I
PUBLIC WORKS
DEPARTMENT
Authorized Signature
POLICE
DEPARTMENT
Authorized Signature
Authorized Sig
Donnie Robertson, Public Works Director
Date Typed Name & Title .
,-1-30-03
Date
c4 . azt -st" ft-(-
Denny Davis, Chief of Police
Typed Name & Title
3 1 --SO I OS L. Keith Tomey, Fire Chief
Date Typed Name & Title
Occupational and/or State License Verified:
ADMINISTRATION
C,)
Bill L. Veach, Cily Administrator
Authorized Signature Date Typed Name & Title
CLERK'S 11rorsum—tre ut xmtp., FLN's 11,11 ��
OFFICE IN wl 0
�,au A��Lt--
Authorized Signature
CC) [I Lane Gamiotea, City Clerk
Date t Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
IF IT
I
City of Okeechobee
55 Soufheast r Avenue # Okeechobee, Florida 34974 # 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only,
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
Okeechobee County Chamber of Commerc!,-
Today's Date
-Eh --qapt. 22, 20W�-
Address
55 South Parrott Avenue
Phone(s) 763-6464
Name of Property Owner
Okeechobee, Florida 34972
Address
Phone(s)
Street to be Closed
SW 3rd Avenue
December 13., 2003
Dates to be Closed
Time(s) to be Closed
7:00 Am to 4:30 PM
Purpose of Closing
(pedestrians wal�ing thronah parks to observe arts/crafts/food)
Calqn pn-rtoleta -,4
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner Is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks)
uwClean-up is required within 24 hours.
'wNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
owNo donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
owThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
19FDumpsters and port -a -lets are required when closing the street for more than 3 hours.
ige)
I T F� I . IF f
a I
PUBLIC WORKS
DEPARTMENT
Donnie Robertson, Public Works Director
Authorized Signature Date Typed Name & Title .
POLICE
DEPARTMENT
Sq - bab P-sc�� -Vbf
---P, 0-o3 Denny Davis, Chief of Police
Authorized Signature Date Typed Name & Title
FIRE
DEPARTMENT
I �t w I L. Keith Tomey, Fire Chief
Authorized Signature Date Typed Name & Title
Occupational and/or State License Verified:
ADMINISTRATION
Bill L. Veach, City Administrator
Authorized Signature Date Typed Name & Title
CLERK'S
OFFICE
01-117 a] W FA
As
%M
103 LaneGamiotea, City Clerk
Authorized Si4nature Date Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
-- -T-11 T T
I
of Okeechobee
55 Southeast r Avenue * Okeechobee. Florida 34974 # 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk onl
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
Mm
Today's Date
qf 3C)/03
Address
Phone(s)
Name of Property Owner
Address
Phone(s) 45a.
1) -1 5 lb -if -
Street to be Closed
Dates to be Closed
621. 124A 6�xa ac, 14+-, a-00-3
Time(s) to be Closed
(D 'Co am - I ; Go AM.
Purpose of Closing
b�ou— P)I�ck— e24
Original Signatures of all residents, property owners and business owners affected
be done
by street closing stating whether they approve or object. This can on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks�
ga,Clean-up is required within 24 hours.
owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
uwNo donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
DwThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
owDumpsters and port -a -lets are required when closing the street for more than 3 hours.
—11 1 T— — ----T-- - - ----------- T F — T T
PUBLIC WORKS
DEPARTMENT
Authorized Signature
Au
nature
FIRE
DEPARTMENT
Authorized Sign
Authorized Signature
Donnie Robertson, Public Works Director
Date Typed Name & Title
Date
Denny Davis, Chief of Police
Typed Name & Title
ib 11 lo.6 L. Keith Tomey, Fire Chief
Date Typed Name & Title
Date Typed Name & Title
W "AJAWO
CLERK'S _'9VWW�A_9qJ1WY1W"A1 W11 �0— -
OFFICE
"ff%ami bt, , 10/1ZO-5 Lane Gamiotea, City Clerk
Authorized Signature Date ' ' Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
--1
I
of Okeechobee
55 Southeast r Avenue # Okeechobee, Florida 34974 # 863.
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only,
TEMPORARY STREET Amn sini=wm K ri ncumr-.
Name of Applicant
Today's Date
ql�DqJ03
Address
&5
Phone(s)
Name of Property Owner
3L(qq,*
Address
FP hone(s)
Street to be Closed
PRIVk
L�IUUP- 04d P61tkk 9-
Dates to be Closed
Time(s) to be Closed
6: 00 A rA rn
Purpose of Closing
Lae 60EJ6�
011%
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
-7
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
1110.
If any items are being sold on City street or sidewalk then a Temporary Use Permit
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks)
OwClean-up is required within 24 hours.
vi�FNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
cw'No donations can be requested if any type of alcoholic beverages are served on private
property/business unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
OwThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
OwDumpsters and port -a -lets are required when closing the street for more than 3 hours.
- - , 1-1 1 -- -- It T
PUBLIC WORKS
DEPARTMENT
Donnie Robertson, Public Works Director
Authorized Signature Date Typed Name & Title ,
Authorized Signature
Authorize
Signature
Date Typed Name & Title
c� � L. Keith Tomey, Fire Chief
Date' Typed Name & Title
Bill L. Veach, Cify Administrator
date Typed Name & Title
CLERK'S 51
OFFICE
-Ron) IV
J
Lane Gamiotea, Ci!y Clerk
Authorized Mgnature Date' 'Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8/05/03
I City of Okeechobee
55 Southeast 3' Avenue # Okeechobee, Florida 34974 # 863- 763-3372
Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments
will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the
meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should
you request the sidewalk only.
Speckeled Perch Festival, 2004
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
Okeechobee County Chamber of Commerce
TcTay's Date
.-- n -
Stpt. _22,.2QO3
Address
55 South Parrott Avenue
Phone(s)
763-6464
Name of Property Owner
Okeechobee, Florida 34972
Address
I Phone(s)
Street to be Closed
--e, SW Ird AvP, SW 4th A -up, W 5t7b AAxig , W f;t7h Aun
Dates to be Closed
_4
March 13-14, 2JQQ -
7:00 AM to 4:30 PM
Time(s) to be Closed
Purpose of Closing
(pedestrians walicing thronah parks to observe arts/crafts/food)
11C
Original Signatures of all residents, property owners and business owners affected
by street closing stating whether they approve or object. This can be done on one
list. Make sure if it is a business that the name of the business and owner is legible.
If it is a resident make sure the name and address is legible. (Required of all
applications)
-7
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications)
Attachments
If any items are being sold on City street or sidewalk then a Temporary Use Permit
01A
must be attached for each business participating. Permits can be obtained from
General Services.
State Food Service License if selling food.
State Alcoholic Beverage License. (You can only serve on private property. No
alcoholic beverages on City property, this includes streets and sidewalks)
wrClean-up is required within 24 hours.
owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks.
OwNo donations can be requested if any type of alcoholic beverages are served on private
propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are
inside consumption and outside consumption licenses. You must have the appropriate license.
owThe City Public Works Department will deliver the appropriate barricades. The City Police
Department will set them out and take them down at the appropriate times.
o�wDumpsters and port -a -lets are required when closing the street for more than 3 hours.
age)
PUBLIC WORKS
DEPARTMENT
Authorized Signature
POLICE
DEPARTMENT
zed Sigrfature
Authorized Signa
Authorized Signature
CLERK'S
OFFICE
r I WME I -w- W,- I I
laylem
cj— Donnie Robertson, Public Works Director
Date Typed Name & Title .
Denny Davis, Chief of Police
Date Typed Name & Title
ED
L. Keith Tomey, Fire Chief
Typed Name & Title
Date Typed Name & Title
r
I Th. Ow P, OF
16 [1 Lane Gamiotea, Ci!y Clerk
Date � Typed Name & Title
APPROVED/DENIED BY COUNCIL ON:
Revised 8105103
ExHiBIT 11 —
OCTOBER 7 AGENDA
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CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: September 30, 2003
SUBJECT: Status Report
FROM: Bill L. Veach, City Administrator
Below is a brief summary of past and upcoming events.
-A
DEPAR
T,
ADMINISTRATION GRIT — The GRIT attorney will be sending a proposed settlement to our attorneys
(Cook and Robbins) for review. Shortly thereafter, John Cook will bring the proposal
(or a refined version) to the City Council for approval.
Fire Station Project — We are awaiting the completion of installation offlooring on the
first floor. Following that, a few electrical modifications and minor follow-up (punch
Est items) work remains on the project. The project continues to be on budget at this
time. The original electrical contractor (who was replaced) on the project has filed a
complaint against Oscar Bermudez with the Florida Board of Professional Engineers.
John Cook has read the complaint and, at this time, it seems to be without much merit.
Industrial Park — Dale Milita strongly indicates he may have a first tenant for the
City's Commerce Center. At this time, we are discussing a possible re -write on some
of our grants with the granting entities. Mayor Kirk, Leo Conner and I will meet on
Tuesday, September 30, with a second potential company, as well. Both of these
possibilities are in very preliminary discussion phases and there are few details to share.
Shared Services — At the last Shared Services meeting, Jill Rogers announced that
Okeechobee would be receiving $95,556.50 to assist with the construction of a Youth
Center. This is Federal Funding and is provided through the Children's Services
Council.
Legislative Delegation Issues — On October 1, Mayor Kirk, Dale Milita, and I will
meet with Senator Alexander to discuss Okeechobee related issues. Included in the
items for discussion will be (1) Industrial Park related issues, (2) continued
improvements to US 441 and SR 70, (3) funding/equipment to address canals within
the City, (4) mosquito abatement, (5) storm drainage, and (6) the out of control
escalation of insurance costs.
a
Lola is closing out the FY02-03 budget. We will know if there is a need for a budget
amendment when she completes this process.
We currently conducted an open enrollment period to allow employees and eligible
individuals to explore and purchase optional insurance plans.
PUBLIC WORKS I Public Works employees have been and continue to be most helpffil in the Fire Station
project.
Public Works is currently painting City Hall to match the newly painted Fire Station.
Public Works employees continue to disburse pellets into standing water and have
begun limited spraying of wet areas to help keep the mosquito population down.
Donnie Robertson and I met with a representative of Clark Mosquito Control to discuss
future possibilities related to mosquito abatement.
Donnie Robertson and Oscar Bermudez seem to have cleared permitting issues with
DEP related to the 4 1h Street Boat Ramp. The ramp has been reopened and Donnie is
securing necessary equipment needed for more extensive modifications.
Public Works employees continue limited spraying within the canals and report positive
results. Current high water conditions limit the progress that can be made.
CITY ATTORNEY I . Procurement of the Billy Mason/NE 9 Street right-of-way.
2. Noise/breach of peace/animal ordinance.
3. Work with Building Department to draft notification regarding trailer park deed
restrictions.
4. Draft ordinance related to allowable mobile home age.
5. Research annexation issues.
6. LDR issues such as conversion of former residential structures to commercial,
non -conforming structures, building site elevations, visibility triangles, drainage
and street cut/right-of-way resolution.
7. Hamrick Trust — John is in discussion with the County Attorney on this matter.
8. GRIT issues.
9. Adelphia Contract.
10. Marvin Brantley's continuing situation.
11. Advise on matters related to IRCC Crime Lab Contract.
I
DEPARTMENT SYNOPSIS
CITY CLERK Everyone should have received their invitation for the Annual TCCLG Banquet and
meeting. Please forward your completed reservations to the City Clerk's Office. We'll
issue one check for everyone.
There is still an alternate member vacancy on the Code Enforcement Board. If you
know of someone who would like to serve, please send them to the Clerk's Office. I
We are currently taking applications for a Certified Police Officer.
Employee Personnel Policies and Procedures Handbook is being revised. The Clerk,
Department Heads and Attorney will be presenting revisions to the handbook within the
next few months.
Preliminary Election Packets are available. One person has already picked one up, but
has not pre -filed to date. Qualifying week is August 16 — 20, 2004. 1
The Clerk and County Supervisor of Elections met September 23. We are working
towards a draft interlocal between the two departments for elections. Our next
scheduled meeting is October 23.
f
USA PATRIOT ACT
and
The Domestic Security Enhancement Act of 2003
and
YOU
Businessperson, Retiree, Veterat4 Student, Voter, Politician, Parent, Spouse
A forum sponsored by
American Civil Liberties Union of Hotida, Treasure Coast Chapter
at the County of Okeechobee Public Library
206 S W 16'* St., Okeechobee, FL
Thursday, Oct 16, 2003from 7.00-8:00 PM
(6:30 PMfor meet and greet)
Featured Speaker
Michael E. Pheneger, Colonel, US Army 0, is the Treasurer of the A CL U of Efolida
and Florida's Representative to the Board of the National ACLU. Refrequently serves
as a public spokesperson for the A CL U of Fforida on civil liberties issues. Colonel
Pheneger spent 30 years on active duty as a US Army Intelligence Officer. He had
overseas assignments in Germany, Fletnan4 Korea, Panama and the Middle East. Key
assignments include. Commander, USA rmy Intelligence School (Fort Devens);
Director of Intelligence, US Special Operations Command (MacDill AFB); Deputy
Director of Intelligence, US Central Command (MacDill AFB), and Commander,
470th Military Intelligence Group (Panama). He holds and M.P.A. from Shippensburg
University in Pennsylvania and is a graduate of both the Command and Staff Course,
US Naval War College, and the USA rmy War College.
Dinner before Forum: H11age Square Restaurant. 5:30 PM (Meet the Speaker)
301 WSouth Park Street, Okeechobee, FL
a
IS THIS THE AMERICAN GOVERNMENT YOU WANT?
WELL, IT'S THE AMERICAN GOVERNMENT YOU GOT!
The USA PATRIOT ACT (passed by Congress) is
SECRECY9 SUSPICION, SPYING, SEARCH and SEIZURE
FBI or CIA on their own, in SECRET, so you won't know, can
SPY on you without your knowledge, if the government is
SUSPICIOUS of you, friends, clubs, talk. (Sections 203, 901)
SEARCH your business, home, office, car, take photos, read
your e-mails and wiretap your phones. (Section 213 &216)
SEIZE your (assets), cars, houses, clothes, business & medical
records, computers, and treasured momentoes. (Section 806)
No judges, lawyers, warrants or probable cause
earn More: THE PATRIOT ACT AND YOU
Thurs., Oct. 16, 2003, 7: 00 PM (6:30 PM Meet and Greet)
Okeechobee Public Library, 206 SW 16 th St., Okeechobee
Dinner at the Village Square Restaurant 5:30 PM
Meet the Speaker: Col. U.S. Army (ret.) Michael E. Pheneger,
30 years on active duty as an U.S. Army Intelligence Officer.
Over 160 Cities and Counties (Broward County, FL) &
Vermont, Alaska & Hawaii, passed resolutions to repeal the
USA PATRIOT ACT and not violate civil liberties and rights.
Some National Coalition Partners
Over 100 organizations including American Baptist Churches
USA, American Library Association, American Conservative
Union, United Church of Christ, Common Cause, NAACP,
Presbyterian Church USA, Washington, Lawyers Committee
for Human Rights, Americans for Tax Reform, Doctors for
Disaster Preparedness, People for the American Way, United
Church of Christ, Drug Policy Alliance and the ACLU.
T-1 -IF—
Notes for the October 7h City Council Meeting.
Public Hearing:
A. Phil Berger is requesting a Future Land Use Map amendment from Single Family
to Commercial, for the property at 1302 SW 2"d Ave. It is unclear what the intended
future use would be but my understanding is that it could ultimately be used for overflow
parking at RJ Gators. Mr. LaRue and the LPA recommend approval of the request.
New Business
A. First reading of Ordinance 838, which would amend the LDR's related to
procedures prior to platting application submittal. This stems from staff and attorney
recommendations, to make the procedures cleaner. John Cook will be able to answer any
questions you may have.
B. First reading of an ordinance related to mobile home age requirements. A few
weeks back, the City Council instructed the Attorney to put this together and he has.
C-E. Scott Christiansen has prepared Ordinances for first reading (and discussion)
related to the interest rates paid on refunded employee contributions. Mr. Christiansen
has included a letter of explanation, which is with your materials.
F-1. These items involve the reappointment of members to the Various Pension
Boards. It is my understanding that each has agreed to serve.
J. The City Council must appoint a replacement for Steve Nelson on the Police
Officers' Pension Board. I've included a memo from Carolyn Arnold clarifying the issue
of the educational requirement for each member. While there are new requirements, it
seems that Attorney Christiansen is willing to provide this education to members who are
unable to attend scheduled seminars.
K. I've put together 7 suggested items to include in our list for the Okeechobee
Delegation. Following your discussion on Tuesday, Dale Milita will put our requests into
proper form and direct them to the appropriate staffers.
L. Paul and Marilyn Buxton have applied to close the alleys in Block 109 to allow
for future development. There are several comments (provided) related to easements and
drainage.
M. We have six requests for temporary street closings between the various Flagler
Parks for events, which will be conducted between November 1, 2003 and March 13,
2004. All departments have reviewed the requests and have no issues.
N. (Mistakenly listed as the L on your agenda) Mayor Kirk has asked that the City
Council take a look at the holiday schedule.