The URL can be used to link to this page

2003-10-21 Regular642 OF, IL 1915 CITY OF OKEECHOBEE OCTOBER 21, 2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA 1. CALL TO ORDER - Mayor: October 21, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church; 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. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 7, 2003 Regular Meeting. PAGE 1 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the October 21, 2003 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Eatmon of Treasure Island Baptist Church; Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Absent Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 7, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I I OCTOBER 21, 2003 - REGULAR MEETING - PAGE 2 OF 9 6 4 3 AGENDA V. WARRANT REGISTER - City Administrator. IA. Motion to approve the September 2003 Warrant Register: General Fund ................................ $257,215.60 Public Facilities Improvement Fund ................ $21,742.06 Capital Improvement Projects Fund (Building) ......... $6,140.06 Law Enforcement Special Fund .................... $2,148.00 IVI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 838 amending Subdivisions Chapter 86 of the LDR's - City Attorney (Exhibit 1). 1 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 838 by title only 2. a) Motion to adopt proposed Ordinance No. 838. b) Public Comments and discussion. COUNCIL ACTION - DISCUSSION -VOTE Council Member Watford moved to approve the September 2003 Warrant Register in the amounts: General Fund, two hundred fifty-seven thousand, two hundred fifteen dollars and sixty cents ($257,215.60), Public Facilities Improvement Fund, twenty-one thousand, seven hundred forty-two dollars and six cents ($21,742.06), Capital Improvement Projects Fund (Building), six thousand, one hundred forty dollars and six cents ($6,140.06), Law Enforcement Special Fund two thousand, one hundred forty-eight dollars ($2,148.00); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. Based on the recommendation by Attorney Cook Council Member Watford moved to table the reading and adoption of proposed Ordinance No. 838 until November 4, 2003; seconded by Council Member Markham. VOTE ON MOTION TO TABLE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) Vote on motion. 644 OCTOBER 21, 2003 - REGULAR MEETING - PAGE 3 OF 9 AGENDA CLOSE PUBLIC HEARING - Mayor. Vill. NEW BUSINESS - Mayor. A. 1. a) Motion to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 840 amending the Municipal Police Officers' Pension Trust Fund - City Attorney (Exhibit 2). 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 b) Discussion. COUNCIL ACTION - DISCUSSION - VOTE MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:05 P.M. Council Member Watford moved to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 840 amending the Municipal Police Officers' Pension Trust Fund; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk read proposed Ordinance No. 840 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS, PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE 749, AS SUBSEQUENTLYAMENDED; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS". PROVIDING FOR y CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DA TE. " Council Member Markham moved to approve the first reading of proposed Ordinance No. 840; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments or questions. Council Member Williams moved to amend prODosed Ordinance No. 840 to delete the 3 Dercent return and chancie it to zero, seconded bv Council Member Wafford. Council Member Williams reiterated his objections allowing non -vested employees to receive a 3 percent return on their pension money when leaving the City's employment. He distributed information regarding actual returns on each plan over the last three years. The City has had to contribute to the plan due to bad returns in the stock market. Even though the amount an employee might receive is very small, his contention was, "every penny counts." OCTOBER 21, 2003 - REGULAR MEETING - PAGE 4 OF 9 645 AGENDA Vill. NEW BUSINESS CONTINUED. IA. 2. b) Discussion continued. Ic) Vote on motion. B. 1. a) Motion to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 841 amending the Municipal Firefighters' Pension Trust Fund - City Attorney (Exhibit 3). Ib) Vote on motion to read by title only and set public hearing date COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford noted that while he agreed with Mr. Williams, he also agreed with what the Pension Attorney mentioned. The basis for the Board of Trustees to recommend the 3 percent was because these plans are mandatory, an employee does not have a choice not to participate in them. Council Members Markham and Chandler stated while they agree Mr. Williams has valid points, they would agree with the recommendation from the Pension Trustees, which is the 3 percent. VOTE ON MOTION TO AMEND KIRK - NAY CHANDLER - NAY MARKHAM - NAY WATFORD - NAY WILLIAMS - YEA MOTION To AMEND DENIED. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - NAY MOTION CARRIED. Council Member Watford moved to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 841 amending the Municipal Firefighters'Pension Trust Fund; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 646 OCTOBER 21, 2003 - REGULAR MEETING - PAGE 5 OF 9 AGENDA Vill. NEW BUSINESS CONTINUED. B. 1. c) City Attorney to read proposed Ordinance No. 841 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 841. b) Discussion. c) Vote on motion. C. 1. a) Motion to read by title only and set November 18, 2003 as a public hearing date for proposed Ordinance No. 842 closing the alleys in Block 109, Okeechobee, Application No. 70, Paul and Marilyn Buxton - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk read proposed Ordinance No. 841 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEEAMENDING THE CITYOF OKEECHOBEE MUNICIPAL FIREFIGHTERS'PENSION TRUSTFUND, ADOPTED PURSUANT TO ORDINANCE NO. 750; AS SUBSEQUENTLY AMENDED; AMENDING SECTION 1, DEFINITIONS, BYAMENDING, THE DEFINITION OF "ACCUMULATED CONTRIBUTIONS",- PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 841; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments or questions. Council Member Williams stated his objections to the ordinance for the same reason as stated on Item A. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - NAY MOTION CARRIED. Council Member Watford moved to read by title only and set November 18, 2003 as a public hearing date for proposed Ordinance No. 842 closing the alleys in Block 109, Okeechobee, Application No. 70, Paul and Marilyn Buxton; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. OCTOBER 21, 2003 - REGULAR MEETING - PAGE 6 OF 9 647 AGENDA VIII. NEW BUSINESS CONTINUED. IC. 1. c) City Attorney to read proposed Ordinance No. 842 by title only I 2. a) Motion to approve the first reading of proposed Ordinance No. 842. b) Discussion. c) Vote on motion. D. Motion to ratify the appointment of Katrina Vinson to the General Employees' Pension Fund Board of Trustees, term beginning October 15, 2003 and ending September 30, 2004 - City Clerk. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk read proposed Ordinance No. 842 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 842; seconded by Council Member Chandler. Mayor Kirk asked whether there were any questions or comments. There was a brief discussion on this item relative to the Engineers comments on drainage and the easementwording for the ordinance. Council MemberWilliams posed a question forAttomey Cook. Since these alley's are in the Okeechobee Subdivision and once the City closes the alley, the owners then actually purchase the alley from the Hamrick Trust. We have a reversionary clause in the ordinance that states should the developer not receive their Certificate of Occupancy within 24 months the ordinance is null and void. What happens if the owners have already purchased the alley from the Hamrick Trust but do not pursue the development an obtain their "CO " within the time frame. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to ratify the appointment of Katrina Vinson to the General Employees' Pension Fund Board of Trustees, term beginning October 15, 2003 and ending September 30, 2004; seconded by Council Member Williams. a AGENDA VIII. NEW BUSINESS CONTINUED. D. Motion to ratify the appointment of Katrina Vinson to the General Employees' Pension Fund Board of Trustees, term beginning October 15, 2003 and ending September 30, 2004 continued. E. Motion to appoint a Resident Trustee to the Police Pension Fund Board - City Clerk. F. Motion to approve a Temporary Street Closing, Southwest 6th Avenue, between North/South Park Streets on December 24,15,10, and 12, 2003, 3 - 11 PM daily for His Story submitted by the First United Methodist Church - City Clerk (Exhibit 5). G. Presentation of a revised site plan pertaining to the Commerce Center - Jim Orth (Exhibit 6). OCTOBER 21, 2003 - REGULAR MEETING - PAGE 7 OF 9 COUNCIL ACTION - DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council requested the Police Department submit a recommendation for them to appoint someone. Due to the new education requirements, Council Members were not able to find anyone who would agree to serve on the board. The matter will be brought back for the Council for official action. Council MemberWatford moved to approve a Temporary Street Closing, Southwest6th Avenue, between North/South Park Streets on December 2A6,1 0, and 12, 2003, 3 - 11 PM daily for His Story submitted by the First United Methodist Church; seconded by Council Member Chandler. There was a brief discussion on this matter. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr.Jim Orth of Craig A. Smith and Associates addressed the Council with a revised site plan of the proposed City Commerce Center. Following a brief discussion, Council Member Watford moved to approve the Conceptual Site Plan as presented bv Craici A. Smith and Associates for the Citv's Commerce Center, seconded bv Council Member Markham. Administrator Veach again reiterated that there are costs involved with this project that will not be covered by the grants. One case in particular is this property must be platted and they will now begin that process. Estimated platting fee is twenty-five thousand dollars ($25,000.00). The other specif ice item mentioned that will not be covered by grant monies are environmental mitigation costs. OCTOBER 21, 2003 - REGULAR MEETING - PAGE 8 OF 9 649 I 11 I AGENDA Vill. NEW BUSINESS CONTINUED. G. Presentation of a revised site plan pertaining to the Commerce Center continued. H. Motion to adopt Resolution No. 03-12 pertaining to the CDBG Commercial Rehabilitation Guidelines - Nancy Phillips (Exhibit 7) COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to adopt Resolution No. 03-12 pertaining to the CDBG Commercial Rehabilitation Guidelines; seconded by Council Member Williams. Nancy Phillips was present and briefly updated the Council regarding the Commercial Revitalization Block Grant Status. The City received partial funding, four hundred fifteen thousand, eight hundred fifty-nine dollars ($415,859.00). As monies become available, that amount will increase. Administrator Veach took a moment to thank Ms. Phillips for her meticulous and hard work, she is an asset for the City. Mayor Kirk read proposed Resolution No. 03-12 by title only as follows: "A RESOLUTION ADOPTING THE CITY OF OKEECHOBEE COMMERCIAL REHABILITATION GUIDELINES FOR THE COMMUNITYDEVELOPMENTBLOCK GRANTPROGRAM." VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 650 OCTOBER 21, 2003 - REGULAR MEETING - PAGE 9 OF 9 AGENDA IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. C ATTEST: James E. Kirk, Mayor v �Cle----' Lane amiotea, 'y Clerk COUNCIL ACTION - DISCUSSION - VOTE There being no further items on the agenda, Mayor Kirk adjourned the October 21, 2003 meet at 7:12 p.m. The next regular City Council Meeting is scheduled for Tuesday, November 4, 2003. PAGE -1 - CITY OF OKEECHOBEE -OCTOBER 21, 2003 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER - Mayor: L� October 21, 2003, City Council Regular Meeting, 6:00 P _-m I II. OPENING CEREMONIES: Invocation given by Duane Eatmon, Treasure Island Baptist Church. Pledge of Allegiance led by Mayor Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Present Absent V" IV. MINUTES - City Clerk. A. Council Member L)L_ moved to dispense with the reading and approve the Surnjmar)�,of Council Action for the October 7, 2003 Regular Meeting; seconded by Council Member Q_� VOTE YEA NAY ABSTAIN ABSENT 0 LI't-C Nnr% %.." CHANDLER MARKHAM WATFORD WILLIAMS MOTION: ARRIE - DENIED A -it +OOL 0.4-'LV ODvt 4-. 4C - �e'_ 6 V. WARRANT REGISTER - City Administrator. A. Council Member bLA) moved to approve the September 2003 Warrant Register in the amounts: General Fund, two hundred fifty-seven thousand, two hundred fifteen dollars and sixty cents ($257,215.60), Public Facilities Improvement Fund, twenty-one thousand, seven hundred forty-two dollars and six cents ($21,742.06), Capital Improvement Projects Fund (Building), six thousand, one hundred forty dollars and six cents ($6,140.06), Law Enforcement Special Fund two thousand, one hundred forty-eight dollars ($2,148.00); seconded by Council Member Lfn — klc� VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: (� "RI - DENIED -1-L- - - 1- - -- - - I - PAGE -2- VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION P.M. 6L -to-i� La�-" �tlLl A. 1. a) Council Member moved to read by title only pro sed Ordinance No. 838 amending Subdivisions Chapter 86 of the LDR's - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. --- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS TION 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. 2.a) Council Member moved to adopt proposed Ordinance No. 838; seconded by Council Member b) Public Comments and discussion. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED - DENIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT (ni CfS P.M. PAGE -3- VIIII. NEW BUSINESS - Mayor. A.1.a) Council Member Dk�) moved to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 840 amending the Municipal Police Officers' Pension Trust Fund - City Attorney (Exhibit 2); seconded by Council Member Ljn b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM V WATFORD L-� WILLIAMS L- MOTION ARRIED DENIED C) 0�- read proposed Ordinance No. 840 by title only as follows: "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." 2.a) Council Member ILM moved to approve the first reading of proposed Ordinance No. 840; seconded by Council Member AJO; b) Discussion. lmvv) W-Kc )a" I-) LIP y3hck4 I wzi( AD—LLC �(o 4D(� C��, AM-5� U I � YA� CLO rN-\ C), A� AIM A�la L �-o 0-\aut vk� 5b J-1 C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK k", r: O-V\- CHANDLER 4-- P, MARKHAM OCk, WATFORD WILLIAMS MOTION <:C�A�RRI DENIED 00,J q4U,-V1 cu e Wv j sy)cc 4 �u ily') C, 4�+ c --L--JL 1. 1--- � I --L -.-- -I--- 'I- - PAGE -4- B.1.a) Council Member 'CX0 moved to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 841 amending the Municipal Firefighters' Pension Trust Fund - City Attorney (Exhibit 3); seconded by Council Member LP-) b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIO CARRIE - DENIED C)� M O'k =read proposed Ordinance No. 841 by title only as follows: "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." 2.a) Council Member moved to approve the first reading of proposed Ordinance No. 841; seconded by Council Member A)O-., b) Discussion. 0,,W- %rk�st Lm- Dv-�-t c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD V WILLIAMS V111 MOTION(�CARRIE DENIED r W C.1.a) Council Member moved to read by title only and set November 18, 2003 as a public hearing date for proposed Ordinance No. 842 closing the alleys in Block 109, Okeechobee, Application No. 70, Paul and Marilyn Buxton - City Attorney (Exhibit 4); seconded by Council Member L(f) b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTIO ARRIE - DENIED C) read proposed Ordinance No. 842 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2.6) Council Member U-0 moved to approve the first reading of proposed Ordinance No. 842; seconded by Council Member b) Discussion. Co-"" U C)-0�0 ,-.A -( -16:� 1-�H J-0�' OWJ c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION 4i!�:5 DENIED D. Council Member 1�u moved to ratify the appointment of Katrina Vinson to the General Employees' Pension Fund Board of Trustees, term beginning October 15, 2003 and ending September 30, 2004 - City Clerk; seconded by Council Member �,W VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM V WATFORD V WILLIAMS V' MOTION � �IE D DENIED E. Council Member moved to appoint a Resident Trustee to the Police Pension Fund Board term beginning 10/22/03 and ending 913012005 - City Clerk; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION CARRIED - DENIED F. Council Member moved to approve a Temporary Street Closing, Southwest 6th Avenue, between North/South Park Streets on December 2,4,6,10, and 12, 2003, 3 - 11 PM daily for His Story submitted by the First United Methodist Church - City Clerk (Exhibit 5); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION (�A�RRIED�- DENIED �aw - (- I ",wo-tl-u -A"�%,) &m- a th, I r, W I PAGE -7- G, Presentation of a revised site plan pertaining to the Commerce Center - Jim Orth (Exhibit 6). Q� - Uw,�T &-j- &��, w L �, J�Cvj- wu,�,S ��-% Uu�l pw�x - ASO U�� cw,3 cack 6tJ nci- 6"1 Ott xu (5-V (V-a cLa- (iL &tj-,�. H. Council Member Q,- moved to adopt Resolution No. 03-12 pertaining to the CDBG Commercial Rehabilitation Guidelines - Nancy Phillips (Exhibit 7); seconded by Council Member—t,�,�) "N\Q� ,.Wb—XV-- A#8ffi@-�,4 CgQk read Resolution No. 03-12 by title only as follows: "A RESOLUTION ADOPTING THE CITY OF OKEECHOBEE COMMERCIAL REHABILITATION GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.91 VOT KIRK CHA MAR WAT WILL E YEA NAY ABSTAIN ABSENT NDLER KHAM FORD IAMS MOTION 6EiLRRI�CD1> DENIED z41,51 �5� offk�� - Q-\"� , r I I , i ?,Oyu LU_0_LA-t , (zz-ayj q n c)4 (-o qv-c.ck IV t,a6 OKEECHOBEE T"r S 106 S.E. 5th St., Okeecho e, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared JW 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, PC) being a 121 1131 C N LlCF 11 .QARRmrr:P-wC. in the matter of CITY OF OKEECH"" 55 SE THIR % A%IE1111 Ir O.KEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspa er in the issues of 1011 642OD3- Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. T- . W. Owens, (PulMisher) Sworn to and subscribed before me this___L��day of A.D. 2003 Notary Public (SEAL) _r,,MISSION NUMBER CC 940770 tAy COMMISSION E)OF&S or ill()' JUNE 25,2004 1-� RECtIVED " C10, OCT 2 1 2003 S I ON IN CITY OF OKEECHOBEE OCTOBER 21, 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 1. CALL TO ORDER - Mayor: October 21, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Duane Eatmon, Treasure Island Baptist. Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 7, 2003 Regular Meeting. OCTOBER 21,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2003 Warrant Register. General Fund $257,215.60 Public Facilities Improvement Fund 21,742.06 Capital Improvement Projects Fund (Building) 6,140.06 Law Enforcement Special Fund 2,148.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.La) Motion to read by title only proposed Ordinance No. 838 amending Subdivisions Chapter 86 of the LDR's - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No. 838 by title only. 2.a) Motion to adopt proposed Ordinance No. 838. b) Public Comments and discussion. C) Vote on motion. CLOSE PUBLIC HEARING. OCTOBER 21,2003 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. NEW BUSINESS. A.La) Motion to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 840 amending the Municipal Police Officers' Pension Trust Fund - City Attorney (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 840. 2.a) Motion to approve the first reading of proposed Ordinance No. 840. b) Discussion. C) Vote on motion. B.La) Motion to read by title only and set November 4, 2003 as a public hearing date for proposed Ordinance No. 841 amending the Municipal Firefighters' Pension Trust Fund - 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. 84 1. 2.a) Motion to approve the first reading of proposed Ordinance No. 841. b) Discussion. C) Vote on motion. C.La) Motion to read by title only and set November 18, 2003 as a public hearing date for proposed Ordinance No. 842 closing the alleys in Block 109, Okeechobee, Application No. 70, Paul and Marilyn Buxton - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 842. A�) OCTOBER 21,2003 - CITY COUNCIL AGENDA - PAGE 4 OF 4 VIII. NEW BUSINESS CONTINUED. C.2.a) Motion to approve the first reading of proposed Ordinance No. 842. b) Discussion. C) Vote on motion. D. Motion to ratify the appointment of Katrina Vinson to the General Employees' Pension Fund Board of Trustees, term beginning October 15, 2003 and ending September 30, 2004 - City Clerk. E. Motion to appoint a Resident Trustee to the Police Pension Fund Board - City Clerk. F. Motion to approve a Temporary Street Closing, Southwest 6' Avenue, between North/South Park Streets on December 2,4,6, 10, and 12, 2003, 3 - 11 PM daily for His Story submitted by the First United Methodist Church - City Clerk (Exhibit 5). G. Presentation of a revised site plan pertaining to the Commerce Center - Jim Orth (Exhibit 6). H. Motion to adopt Resolution No. 03-12 pertaining to the CDBG Commercial Rehabilitation Guidelines - Nancy Phillips (Exhibit 7). IX. 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 — OCTOBER21 AGENDA ORDINANCE NO. 838 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDAAMENDING 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 eotine", through the General Services DeQartment 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 Admimistre who will in turn refer the material to appropriate City Departments for review, comment, criticisms and suggestions, and in turn submit them with t-he preapplication plans and data to the Technical Review Committee Gity Goune*. (b) Within thirty (30) days after receipt by the City of the preapplication material, the Technical Review Committee Gity Geti shall meet, review the materials, comments and data as submitted or modified, and inform the developer whether that the plans and data, Bs submitted or as modified, do or do not meet the objectives of this chapter and the City Coml2rehensive Plan. When the Committee C* 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 Fow 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 7 1h day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading and second public hearing on the 16 th day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney September 23, 2003 - Land Planning Agency - Page 3 of 4 IF ACTION - DISCUSSION, VOTE 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 LEDIFERD - YEA MCCOY-YEA WALKER - YEA MOTION CARRIED. C. 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 86-43 Procedure of conditional proposed changes to the City Code of Ordinances. approval of preliminary plat and approval of construction plans for required improvements. 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 86-431 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 2 of 4 ACTION - DISCUSSION - VOTE AGE"A 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 d 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 staffs 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 ofthe 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. 'T1 Page I of 1 Bill Veach From: "Bill Veach" <bveach@cityofokeechobee.com> To: "Clayton Williams" <clayton@bergerrealestate.com> Sent: Tuesday, October 21, 2003 1:38 PM Subject: Re: Meeting tonight Clayton, In response to your request for information related to the pension funds, we have the following data. While the percentages are actual numbers (percentages) gained or lost, the dollar amounts reflect the difference between what the actuaries projected we should have and what we actually wound up with. We don't have ready access to the actual dollar amounts lost or gained on those particular years. We can request it, but we won't get it in time for tonight's meeting. I hope this will do. Firefighters - Rate of return and (value lost or gained) 2002... -9.0%, (actuarial loss $285,000) 2001... -0.8%, (actuarial loss $62,588) 2000... 6.5% (actuarial gain 31,592) Police - Rate of return and (value lost or gained) 2002... -9.6% (actuarial loss $554,167) 2001... -1.3% (actuarial loss $337,029) 2000... 6.4% (actuarial gain 152,637) General Employees Rate of return and (value lost or gained) 2002... -9.4% (actuarial loss $680,353) 2001... -1.3% (actuarial loss $230,809) 2000... 6.4% (actuarial loss $237,043) — Original Message -- From: ClaAQn Williama To: Bill Veach Sent: Tuesday, October 21, 2003 8:09 AM Subject: Meeting tonight Bill, Would it be possible for you to obtain the following information about the pension plans: 1. rate of return for the last 3 years? 2. How much of the value that was lost in the last 3 year? Thanks, Clayton 10/21/2003 The Okeecho 7T P.O. Box 639, Okeecho (863)763 Published STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned Irida 3491-3 zva Judy Kasten, who on oath says she is Publiv-940, News, a DAILY Newspaper published a Okeechobee County, Florida; that the attached copy ment, being a ---�k .&�-\ -, C in the matter of appeared in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -- V( � - \ Q� �� Aff jant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I Sworn an efore me this subscri'j " b up FA PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of'Okeechobee, a d October 00 T'es ay� ' s Wi"'�00 '.m. 0 b!e. I "o n 21H th a a-C all S ere r ftel P0881 � Okeec L E 3 d Aveftoe 00; conduct a PUB IC HWING"on and,thereafter consider final read - IHL'" WIT Ur'�:UUKHUO': 0� FLORIDA' ' 'AMENDINO'LAND: DEL��.i' VELOPMENT REGULATIONS'O DINANCE NUMBER 669; ULARLY. CHAPTER 80 SUBDIVI SIGNS, ARTICLE 11 THEREOF' TO,' PROVIDE FOR ADMINISTRAtIVE � REVIEW OF'PRELIMINARY- PLAT"," APPLICATIONS' PROVIDING FOR',- ADMINISTRATNE PRELIMINARY APPROVAL, DENIAL OR MODIFP. CATION OF PRELIMINARY PLATS* PROVIDING FOR DEVELOPER fdI SUBMIT COPIES OF SAIDPLAT APPLICATIONS TO,, THE , CITY COUNCIL' PROVIDING FOR SEV ERABILIW; PROVIDING FOR AN EFFECTIVE DA.TE.�, The' purpose of the public hearing Is to consider amehdments� to the Code of " Ordinances Subpart, B Land Development' Regulations Chapter 86 Subdivisions. ArtIcW li Plans and Plats, Section, 86-42.. j Pro -Application Procedures. Sec- tion'8643 Procedures of Condl- Aonal Approval'of Preliminary Plat.. and Approval of Constructlop Plans':� ji for requi e jmprovemerrts;'.� t d All members of the public are encour-� aged to aftend and participate In said hearin% The proposed Or&:' nance may a Inspected in its en� grety b members of the public In the Off(ce of the City Clerk dufln r9gular business hours, Monday� nda , 8:00 a.m. 4:30 p,m., ex- ceplfor holidays. � : � , : - � . PLEASE TAKE NOTICE AND BE AD- VISED that If any erson desires to appeal any decislori made by the ,City Council with respect to any 'matter considered at this hearing, such interested person will need a record of th 8 Pro W n s and for' such purpose m nee to ensure a verbatim reco rFof th� 'proceed- ings is made, which record in-: cludes thojestimany and evidence upon which the appeal Is to be'4 based. City Clerk tapes are for the sole purpose of backup for official i records of the Clerk. In accordance with the Americans with Disabil Act ADA) and Flori- da Statutes`1136U, persons with disabilftles needing special 9ccom- modation to participate in this pro- ceeding should contact Lane Gaml- otea no later than two (2) working dag prior to the proceeding At IR 11763-3372 extension 215q if \,�, - 21,- t 1 1 _,Ong or voice impaired, call TDD �day of L�Atl A.D. 20 1 0-222-3448 (voice) or 1-888- 447-5620 (TTY). -Lane Gamiotea. CITY CLERK, Notary Public, State of Florida at.L�'i .419094-ON 10/10103 7 1 11 1 EXHIBIT 2 — OCTOBER 21 AGENDA ORDINANCE NO. 840 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. NOW, THEREFORE, BE IT ORDAINED BY 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: 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 annum through September 30, 1993, and four and one -quarter percent (4.25%) per annum thereafte 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, 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 four and eme quarter pereent (4 1/4%) per annurn. 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. Page 1 of 2 11 1 INTRODUCED on first reading and set for public hearing this 21 ST day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading on this 4" day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor ExnIBIT 3 — OCTOBER 21 AGENDA ORDINANCE NO. 841 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS'PEN SION 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. NOW, THEREFORE, BE IT ORDAINED BY 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: 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 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, 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 amd one quarter percent (5 1/4%) percent per annurn. 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. Page 1 of 2 L I INTRODUCED on first reading and set for public hearing this 21" day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second reading on this 4" day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor _4 ORDINANCE NO. 842 REVISED EXHIBIT 4 October 21 Agenda AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 109, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Paul and Marilyn Buxton for the closing of certain alleys as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That 15 foot alleyway lying between Lots 3 and 10 and Lots 4 through 9, Block 109 City of Okeechobee and that 20 foot alley lying between Lots I through 3 and Lots 10 through 12, Block 109, City of Okeechobee. Section Two. In the event that the said property owner fails to obtain within twenty- four months hereof a certificate of occupancy for their future development, then said alley shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 18 1h day of November, 2003, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 21st day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 18'h day of November, 2003. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor cSx TRANSPORTATION INC. RAILROAD N (70' ;N;c- IL 12 12 2 2 2 1 — I i 13 Q ' 3 .3 3 3 14 4 14 4 4 4 4 4 14 4 Hl— 21:� 6 Is 16 7 1-7 6 1 to !; — 17 7r 1 7 E7 8 0"' 1 -0 0 '0 0 10 NW 7TH ST (100') 6 5 4 3 2 111 7 8 9 ill M78 99111 v I I ST (70') a 5111312111 5 4 3 2 1 24 7 8 1-Hill'i 7 8 9 1 111 R T 4 3 2 1 6 1 5 _4 31211 9 el NAPA WON IC 11 12 5 Fr- NW 4TH ST (1001) ]2111 6 5 4 3 2 1 4 3 2 1 9 2 6 5 4 HI W. 4.3 PLAZA - 2 1 ' 11 5 - ' - 11=4 7 8 9 7 8 9 11 Ic "N�TSTVWrr� a 9 7 9 101,12 6 5141312111 6 5 4 3 2 1 1 1 6 5 4 3 2 1 9 a 7 2 3 4 7181'911]lfl 7 8 9'10 11H 7 a 9 IC It 12 lcill 5 a NW 2ND ST m M-1111 111 om in m MEN IMUMINN: IMMU Kum OUR IN sun iiiiiIii= 101M mum miiiiiii��' "Adn" Wfuwa -Wmiiiiiiimi w: IWO �V? win � lam iiiiimI mm win = Il our own I" mm unr wm EMMUMS M... Wl r_rr 61514+1211 6 5 NE 6TH NOSED AKE 7 8 9 11 LwL.A-J 5TH S �76) 3-11 ,:xne] FS 5; .7 6 5 4 3 2 1 V, Sff2 fl6151d 2 11 j 0m, 11-111111fl 7 "'10111 7aj,,j,j,l[jM7j8j79l I M11 c NE 47H St (Iou-) rERIAN - I i - 2 543� IW6 54 32 1 6543 1 6 5 4 3 2 z_- c 6 5(0) 7 a 9 10 1112 7 8 9 c 11 12 7 a 9 1 1 7 8 910111 L='j -- '+ 7 431D 2 3 2 1 a 6 51411 � 5 J12 1 7 1 8 911L j ic 1112 7 J321 65J43 6 514t3 1 2 _I 211 0 m 1112 7 8 91 111 M I SON IMMEN CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: APPLICATION 17D 010 Paul M. and Marilyn A. Buxton 2517 SW 22nd Circle Okeechobee, FL 34974 . . . . . . . . . . Not applicable 0 $ INOTE,1W 'e an rope thd1samell0forr _ W11Yt oir O,W= TWO _PW k thi WY 9F. OMCOOM orruw,��Mlqm op,� .40 f",LEGAL��DESCR!P, n"!r9in "*rkk' St, � It C OWN wo.dwre 'noy 64 f*@ -.0 R ETIALL "I Ok" W, That 15 foot alley lying between Lots 1 and 10 and Lots 4 through 9, Block 1 9 City of Okeechobee and that 20 foot alley lying between Lots 1 through 3 and NOUN Lots 10 through 12, Block 109, City of Okeechobee. :'IfURPOSE OF�CLOSI 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: An and Jane Doe). SIGNATURE OF APPLICANT: ��077. i2�� Print name: Paul M. Buxton SIGNATURE OF CO -APPLICANT: Print NafTI4:Marilyn A. Bux'ton The foregoing instrument was acknowledged before me this September 29, 2003 by (date) Paul M. Buxton —and MARILYN A. Buxton who is personally known to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. VIKKI LYNN 7 MYCOMMISSION# otary Public, Commission No. DD-027331 EXPIRES:Iww I-WO-3-WTAW FLNOWySmi�,& W_ (siffinature) nn Aaron 'Name of Notary typed, printed or stamped) -D Q11itchim Dee(] 2 3 7 KDIII-R I J. KI VAS. 11.4 '", -, I P1,11 SI I I— III'l P- St h—, 1,6-1. 141112 ) 344909 rIo 7 "ll" %IA n, To: PAI I[, r%l, n(IXT0N and HA A ON R 01',.-R I ',W MARILYN A. fit r OF CIPCIIIT COH;� 2-517 SW 22nd Circle 0kcLchobec. rlori(ja 34974 Parcel I.D. P 3-15-.17-35-0010-01 og()-()01() �I`A( 1I. Alf(WF, folt "'ECORVIER'S tI%I1. c on Apri 120, "CI00, for no consideration, PA I)L M. r'LJX 1 ON AND his wife, jjO her �y Rcmisc, Rciciscind Quitclaim to MARILYN A. BUXTON, IIALJI-M, BUXION AND MARILYN A BUXTON, Trustees, or their succcssOrs in tnISt, Linder tllc rwxTON r.lVrNG TRUST dated April 20, 20W, and anY Rmcndn-:ftq lhcrclo, with rt'll PO-crand authority to protcct, conserve and Ic, Sell or to ImLge or to crictiniberand otherwise Manage and rilspose or Said real I)rt)Pcrlv desch Section 689.07j. Florida St"ItIltes, Whose hcd hcrc,"n, Vijr.,;uanj t,) 34974 ill their intele.st in and to the rolln IddrC&S is 2517 S`IV ' . wing described 22nd Circle Okeechobee. Florida State Of Florida: I real Property in the �oimtv orok-eechohce, Lois 1, 2 and 3, Block log, ary OF OKEEC110BEE, accordino to the Plat thereof* recorded in P!at Book 5, Page 5 Of (he PLiblic Rccord,� OrOk'ccchObcc Courtly, Florida. T'his deed was prepared without the beneat ors, title search and the description critic property was rumished by the parties, 771C Preparer or this deed assumes no liability the status or the title to the property.' whatsoever either ror the aCCLIr3Cy orthe lemaldescription or Signed, scaled and delivered in our presence: Witness Signature Printcd Ninic Witn��ffgnnttirc &L rinted1lani c STATE OF FLOPIDA COU", ry or ST. I'LICIr P A U L. N . 3 L T-< -�O- �,L-v ,%IARILYN k �TON DMurnentary stanIPS Paid in tfe aT0jr" '70 Cla'-%C Intangible T--- of as 141d Irl lheiffmol 0, ct Cimilit Ccs,�— ILI SS 4L " J; 0 C The lbrc'going instniment -as ackmo%vjc(!gctj heforc ne 1: A and NIARILYN A. PUNTON, %vjjo a,, lis A�)ril 20, 2o )0 1 IV PA Ul �,! pj:�� CON _is Pm. onally kno%vtl to mr. 011 kV, d 1 110 11"Ve prolkIced oil 'I"(' \\-'�o Il ((Ii,; not) !akcan opti, �'�;MIIC (IrAcknowledile-1- R-ox- 10 - 60 coo'-- .3(040.00 P=urd by and retuaLWI Documentary stamps p&W In the amount of JOHN D. CASSELS. J4. $ 1:gqo. e)o Attorney at Law C4&u C lfflangi Tax Paid in the amount CaggeIg & MCC211 of $ —a- --- ii;;W� P-0- Box 968 400 NW Second Street SNroj . Clerk cal �Clrcujt COZurt Okeechobee, FL 34973 Okeeftbee County, Fbrid-a- File Number. 07 BY: -::r& , D.C. Will Call No.: Dalai [Sp— Ab— "i. U- F. R—di.g Nut Trustee's Deed TbIs Trustee's Deed made this 22nd day of March, 2002 between JOHN D. CASSELS. JR.. as Trustee whose post office address is 400 N.W. 2nd Street, Okeechobee, FIL 34972 . grantor. And PAUL M. BUXTON and MARILYN A. BUXTON as Trustees ofTHE BUXTON LIVING TRUST DATED APRIL 20. 2000 whose post office address is 2517 S.W. 22nd Circle, Okeechobee, Fl. 34974, grantee: IN k"IsSra-Want V--Ift Include all depanks lothil inelrunenland dwWrs. Wpi cP1M-utl�.md.ssismofWAvidb. rw lk ruccesson and aniva or corporati". umsu and ovum) Witnesseth, that said grantor,, for and in consideration of the sum TEN AND NO1100 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 grantecl, bargained, and sold to the said grantee. and grantees heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: L07S 4,5.6,7.8,9, 10 AND THE WEST 112 OF LOT I I, BLOCK 109, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECOPDED IN PLAT BOOK 5. PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. SUBJECTTO RESERVATIONS. RESTRICTIONS AND EASEMENTS OF RECORD, IF ANY. The Grantees trust provides ft trustees with the full power and Authority to proteck conserve. sell, convey, Jesse, encumber And to Othcr-vise manage and dispose ofsald real property. Together with all the tenements, heredilaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hord, the sarm in fee simple forever. And the grantor hereby covenants with said grantee that the 81`111110t is lWully seized of said land in Jet simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land end will defend the $Arm Against the lawful claima orait persons claiming by, through or under grantors. In WItness Whereof. grantor Ila. hereunto get grantoes hand and seal the day and year first above written. Doublonmao 4� VAOld D-P 'D K'O 4 3 7 PAGE 18 6 4 Ducioix-it3ty Stamp% wv.il in um lnmnt of JOHN D. CASSELS. JR. An 11 Low 10,e) o C. McCall C'4%' C letAnItibit V& .�,-J P-nount P.O. Box He 400 NW Second Street to S __ — - Okeechobee, FL 34973 SNev, R;;W,—bWXJ. Fee No.: "I (Ant, I-)V clwnr, I Grentee S.S. no. ey: D.C. Date: -A- parcel 10-Mf-- No. 3-15-37.35-oolo.01090.0120 Space Above This Line For Recording OataL___. Warranty Deed (STATUTORY FORM - SCCTION 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 3W BAIrnoral Trace. Stuart. FIL 34997 of the County of Martin. State of Florida, grantor% and PAUL M. BUXTON and MARILYN A. BUXTON, Trustees or their successors In trust under the BUXTON LMNG TRUST DATED APRIL 20,2000 and any amond�ents thereto whose 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 sum of TEN AND NO/IDO DOLLARS (S10.00) and Other good arid 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's heirs and assigns forever, the following described 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 5. Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions. reservations and easements of record. If any. and said grantor does hereby fully warrant the Utle to said land, and will defend the same against kr I claims of all persons whomsoever. Wfu . "Ormatce and *Gnintesm are used lo' SkVuiw or Plural. at context requires. In Witness Whereof. grantor has hereunto set grantoes hand and seal the day and year first abova -ri".. Signed, settled arid delivered In our presence: 1W19ads Nam': itnes Name: State of Florida County of0keechobee Tile Io"'90ing hutrument was acknowledged before me this 3rd day or June. 2DO2 by Janet Schaffer wto,41sl is personally known Of U him produced as identificatiori--, (Notary Seal] Public ,--i'rinted Name: MY Commission Elp-i-re-s ------------- * *10rc—eximccrolm 1%.. [Vil- AUWM 31.2co2 PLED F0p pECC)p 0KFErHr!ll1.r'C;1, LINT Y , [ , 371259 2002 AN — 3 P . M 4: �3 SHARONROSERTS t4 C'IRK OF CIRCUIT COOUR T 045��, 9-112, '�*2- 77.21 /,�" -, � IV Auklibniized Signature Typed Name & Title Phone No. Date GkAK) V-h� Ia-F Authorized Signifure Typed Name & Title Phone No. date ' Typed Name & Phone No. Date 011,A "As 14 M" "J4+e-A- f-I-J- I— 7-)4r-r If Aao%Aj"*'*d 7;4' WA4rA L,�JZ ,j 1 (,2 Q;1z Authorized Signature Typed Name & Titie Phone No. Date quired Oni Okeechobee & First Addition to City of Okeechobee Subdivisions: 7214- WAMAOCIC -M--rZ <-011+i1tr /,,V7'2-,",,7- --J -7,,& 411e�Z 1A) . . . . . . . . . . . . . . ICI-6 . ,F 0<e- cc 11 1.. �,, ".., . . . . . . . . . . . . . . . . . . . . . . . . . // - C, Cu /94 erll 6- - 7-,t,, 174 C- S63-7433A-qt "-.3 Authorized Signature Typed Name & title Phone No. Date 0 �J Page 3 JAPPLICA.TiOWN INSTRUCTIONS:' After: Pi t I d.: h ;6' then Oald.'T p �2& �-- PUBLIC WOkKQ See DEPARTMENT attached MEM. Autti6rized tkgnature Date Daude Robertson, Public TAbrks Director Typed Name & Title -, �0- - A AutKorized Signature Date Oscar Bernudez, City Fngineer Typed Name & Title 61, Demy Davis, Police Qiief Typed Name & Title FIRE No objections or cammts DEPARTMENT Authorized Sig p ,afu f re Keith Taney, Fire Chief Typed Name & Title Date M Date 7 11 FADMINISTRATIOW`6,`,.,- �b cbj cr ccmrents -5 - 3---- e):Z Authorized Signature Date Bill veach, city kininistrator Typed Name & Title APPLICATION APPROVED BY: LANE GAMITOEA, CITY CLERK DAtE' Revised 413103.LG Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer -0-101 Date: September 30, 2003 Re: Alley - Closing application from Paul M. and Marilyn A. Buxton The Engineering Depar-tment. 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. TI C, 0 0 05 Z m MI m M�� w z --, x .0 m 0 Ln m m 0 zo RE m .P zz M. IF c > m 0 0 n m 0 M m m 0 n 0 0 a: x 0 co m m 0 z 0 C-) m Kc) KX > MM r- m Xm Z (-) n G) M-F z Oo m a) m M m 22 z m z --- i G) m Z-u c;u 0 K2 w �p, m OD 0 IM m > 0 m 0 X co Li -4 m ;a m m c m j z > a -4 z 0 NE 12TH AVE VArATM 2, 1 -� F a 0 c5pl �T�TE: ROAD I I L(441) _ NE 5TH AVE z FTJ M CT NE 12TH AVE =11111111111 10111111111 11111111111 �- M p—m— MINE MINE -0-0 0 ;Wn� ll�mllmlmlmlm - apl�p�� 150 75 0 150 300 GRAPHIC SCALE 0 ;u 0 0 < m > m K 1 m ;00 CD > M, 0 0 z ?> cn H z > Q) C. cn o < 0 m -< 2�0 m cl)) 0 0 -0 n ;u m o M m m 0 o -n 0 0 ou m m 0 0 z 0 m 0 u rri M z G) m z m 0 m M M Z Q rri -u S. z Bme-4 e-l"N C) Z'u (P C:m CD K2 (D MM co MC-) (D ;V-j EH VArATED Lmlazz= STATE ROAD I M L(441) _ NE 5TH AVE L -4 0 r 0 Z; is Z: 8 W W -4 M M .0, W .04 z pppr, 0 z 0 n 0 1 P, 747% I -� 0 A ni m ic-: >,* Mo mo X CD u -1 m ;a m M C: > K M:� z > z 0 m I - - L HE 121H AVE 72 V6 NE 1 zrH AvE W2 dil 11 O�p EXHIBIT 7— OCTOBER21 AGENDA RESOLUTION NO. 03-12 A RESOLUTION ADOPTING THE CITY OF OKEECHOBEE COMMERCIAL REHABILITATION GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, THE CITY OF OKEECHOBEE recognizes the need to establish local policy guidelines for the Community Development Block Grant (CDBG) Commercial Rehabilitation Program; WHEREAS, the CITY has developed the "City of Okeechobee Commercial Rehabilitation Guidelines" that conforms with the application requirements for the CDBG Commercial Revitalization Program which are adopted as part of Fla. Administrative Code Rule 913-43 that governs the CDBG program; WHEREAS, it is the intent of the CITY, to the greatest extent feasible, to upgrade the appearance and physical quality of the Community Redevelopment Area of the City through the use of the CDBG program funds; NOW, THEREFORE, BE IT RESOLVED THAI OKEECHOBEE, FLORIDA, presented at a passed by majority vote of the City Council; or designee, as Chief Presiding Officer for Okeechobee Commercial Rehabilitation Development Block Grant Program; THE CITY COUNCIL, CITY OF duly advertised public meeting; and and properly executed by the Mayor the City: hereby adopts the "City of Guidelines" for the Community RESOLVED, FURTHER, that the CITY ADMINISTRATOR and/or his designee to coordinate the implementation of said Guidelines; RESOLVED, FURTHER, that all resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict; and RESOLVED, FURTHER, that this Resolution shall become effective immediately upon adoption. INTRODUCED AND ADOPTED this 21s' day of October, 2003. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk REVIEW FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney J - I MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Lake Worth, Florida 33467 October 14, 2003 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist Tel: 561-432-1524 FAX: 561-432-6734 SUBJECT: Adoption of Updated Commercial Rehabilitation Policy Guidelines for Community Development Block Grant (CDBG) Program Please find attached the revised "Commercial Rehabilitation Policy Guidelines" for the CDBG program. The State is requiring that the 1994 policy guidelines be updated to comply with newer regulations. I have used the 1994 policy guidelines as a basis for the newly revised policy. I maintained the basic information and added new language to update the older policy to conform with the Special Conditions of your new CDBG Commercial Revitalization grant. I will be available at the October 2 1 ' meeting to address any questions and/or comments that you may have. I look forward to working with you on this very important project for the City. /nsp Attachment CITY OF OKEECHOBEE CONMERCIAL REHABILITATION POLICY GUIDELINES A. INTRODUCTION The City of Okeechobee Commercial Revitalization program was developed to upgrade the appearance and physical quality of the downtown commercial area and create an atmosphere conducive to pedestrian oriented commercial activities. The program was developed to provide assistance to owner and/or tenant occupied businesses in the City of Okeechobee Community Redevelopment Area (CRA) which provides services to all residents of the service area as approved in the Florida Department of Community Affairs Community Development Block Grant (CDBG) application(s). B. PROGRAM OBJECTIVES The Program is designed to achieve specific objectives that are: I . To stimulate re -investment in the Downtown. 2. To preserve and renew the traditional and historic retail businesses which encourage shopping and serve all the residents of the service area. 3. To eliminate and prevent the spread of blight. 4. To maintain a quality image consistent with the historic character in the redevelopment area. 5. To generate pride and confidence in the City of Okeechobee by improving the visual quality of the store fronts. 6. To establish a center for retail activity which provides safe, attractive, convenient pedestrian oriented commercial activities. J, C. PROGRAM FUNDING The project is funded through the Florida Department of Community Affairs CDBG Small Cities Program and has been designed to provide rehabilitation assistance for owner/businesses noted in the appropriate CDBG application(s). Other ownersibusiness tenants may participate if they are in the CRA designated area and funding is available. Any ownerlbusiness who receives CDBG rehabilitation assistance shall be required to maintain records of expenditures that accurately and readily reflect compliance for five (5) years. D. INCENTIVES The program has been structured to provide incentives in the form of grants for up to 100% of renovation construction costs and associates fees. The maximum grant amount shall not exceed $15,000 per owner/business including fee for lead -paint inspections, building inspections and design work fees, is applicable. Of the total amount expended, one hundred per cent (100%) must be used for facade improvements, associated fees, handicap accessibility for entrances and bathrooms that serve the general public (i.e., restaurants, beauty salons, etc.) and, if funds are available, correction of code violations. E. ELIGIBILITY Commercial property owners and business tenants owning or leasing (long term 6 months or longer) real property located within the CRA which have been designated in the application win be given first preference for participation. Other owners/businesses may participate if they are in the CRA designated area and funds are available. The businesses served with CDBG funds shall be a legally constituted business with proper business, sales tax, and occupational licenses in force. Buildings addressed under the CDBG commercial revitalization program shall not be eligible for future assistance under the program for a minimum of five (5) years. N F. DESIGN ASSISTANCE The City will use the City Engineer and/or hire an architect, if required, for facade design work. The City will pay for all facade design work on each building if claimed for points in the CDBG application. Otherwise, design fees may be charged to each participant of the program. All designs must be approved by the City Commission as well as the State Historic Preservation Officer (SHPO), if applicable. Assistance will first be limited to Owners/Businesses identified in the application which are occupied at the time assistance is provided or have a bona fide lease agreement (6 months or more) to be occupied by a legally constituted business with all applicable licenses in force. Other ownersibusinesses located within the CRA area may be served if funds are available. All contracts for rehabilitation will comply with the Davis -Bacon Act. Also, all buildings addressed with CDBG ftmds shall comply with the provisions of Section 504 of the Rehabilitative Act of 1973 (29 U.S.C. Section 794) as it relates to employment discrimination and facility accessibility. All buildings receiving rehabilitation assistance shall be in compliance with all local and state building codes and standards. If funds are available, code violations may be addressed with CDBG funds. I . Eligible Costs A. Alterations to existing buildings including painting, attached signage and awning design, color scheme, and any other related facade renovation expense. B. The addition of handicapped accessible entrances and bathrooms that serve the general public (i.e., restaurants, beauty salons, etc.). C. If fimds are available, correction of code violations D. All fees charged for lead -paint inspections, buflding inspections and design work, if applicable. 3 2. Design Requirements A. Designs must be of high quality and must include a sealed set of plans and specifications if applicable. B. All designs must be in compliance with the City zoning requirements and the SHPO, if applicable. C. Strikingly different treatments from one store front to the next shall be avoided. D. All designs must be reviewed and approved by the City Commission and the State Historic Preservation Officer (SHPO), if applicable, prior to construction in order to be eligible. E. Colors shall be coordinated so as not to create unsightly situations. F. Where feasible, designs should consider the removal of material and architectural barriers which restrict mobility and accessibility of elderly or handicapped persons. G. RENOVATION CONSTRUCTION ASSISTANCE The City wiR assist the commercial property owners or business tenants designated in the application for a portion of the costs not to exceed $15,000.00 of labor, materials, equipment, fees and services associated with facade improvements, handicap accessibility, and correction of code violations to commercial property located in the CRA area. The City's Engineer will prepare a set of plans and specifications and the job will be competitively bid out. Eligible Renovation Costs A. Store facade renovation construction costs include but are not limited to: Removal of false facades Facade cleaning Stucco restoration Painting Replacement of windows or doors 4 Attached Signage Awnings Glazing Electrical (directly related to exterior or display window lights, security lighting or the illumination of attached signage or awnings) Code violations Removal or relocation of air conditioning units, awnings or signage B. Handicapped Accessibility Store entrances Widening exterior doorways Bathrooms for owners/businesses that serve the general public (i.e., restaurants, beauty salons, etc.) C. The costs of any necessary lead -paint inspection fees, building inspections and design work if applicable. 2. Renovation Assistance Conditions A. Renovation construction costs are limited to exterior renovations and building entrance handicapped accessibility B. Workmanship must be of a professional quality. C. Renovation construction must comply with the City zoning requirements and the design must be approved by the City Comniission and the SHPO, if applicable. H. PROHIBITION AGAINST OWNER TENANT REHABILITATION No building owner, lessor, lessee, tenant, or occupant or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. 5 J. FEDERAL LABOR STANDARDS All laborers under the program must be paid at wages not less than those contained in the wage determination of the Secretary of Labor for each clarification of work (Davis -Bacon Act) All contracts for eligible work to be performed shall use a City of Okeechobee approved contract form that includes all HUD and DCA required language for Labor Standards, Section 3 requirements, Section 504 Handicapped Requirements and all other applicable language. K. HISTORIC PRESERVATION Any building that is 50 years or older shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. L. CONFLICT OF INTEREST The City shall notify the Florida Department of Community Affairs (DCA) of any potential conflicts of interest that may exist relating to owners/business applicants. The conflict of interest will be brought to the attention of the City Commission at a regularly scheduled meeting. The City Commission shall request from DCA a waiver for any such conflicts when appropriate pursuant to 24 C.F.R. 570.489 and Section 112.311 - 112.3143, F.S. No member of the City Commission nor any City official, member of the C.A.T.F., employee or agent of the City government, or relatives of any of these as defined by HUD and Florida Statutes, shall be eligible for program participation unless they are granted a waiver by DCA. This prohibition shall continue for one (1) year after an individual's relationship with the City government ends. M For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: The person must declare in writing that a conflict of interest may exist. 2. The governing body must decide whether to proceed requesting a waiver on the potential participant dispute the conflict of interest. 3. If the person who the conflict on interest exists with is a voting member of the governing body, that person must declare a conflict of interest and not vote on the potential participant. 4. The City Attorney shall prepare a written document stating in his/her opinion that proceeding with the potential owneribusiness rehabilitation project would not violate any state or local law. 5. A written request for waiver is sent by the City to DCA for review and comment. 6. If a waiver is obtained, the potential rehabilitation project would be placed with other potential participants as outlined herein. M. CONTRACTING REQUIREMENTS 1 . Solicitation of Potential Contractors The City wishes to encourage local general contractors and building contractors to participate in the Commercial Rehabilitation Assistance Program. The City shall advertise each bid opportunity in the local newspaper and a newspaper of general circulation. The construction work on a business will be completed by a state registered or certified general contractor and building contractor, and who is licensed by the Florida Department of Business and Professional Regulation. Any building that is determined to have lead paint, the contractor and his staff must be 7 J trained in lead -paint safe practices and lead paint abatement procedures in order to bid on the project. 2. Contract Between the City, the Contractor and the Owner/Business The contract for rehabilitation work shall be between the City, acting as agent for the Owner/Business, the Contractor and the Owner/Business. 3. Contracting Construction work for rehabilitation financed through a Commercial Rehabilitation Grant shall be undertaken only through a written contract between the City, the Contractor and the Owner/Business. The City shall arrange for and obtain an acceptable construction contract. The construction contract will consist of a single document signed by the City, the Contractor and the Owner/Business. The contract shall contain a bid proposal by the contractor and the general conditions, as well as the specifications for the work to be performed. The City will advertise for bids at least twelve (12) days prior to the bid opening in a local paper and a paper of general circulation. Contracting shall be done on a competitive bid basis. The City will prepare the bid package, advertise and review all bids to determine if the bid is responsible and responsive. The bids will then be tabulated. The CATF will review and make a recommendation to the City Commission for approval. The City Commission shall award the construction contract to the lowest responsible and responsive bidder. Should the bid be higher than the acceptable range, the project may be re -bid. 4. Change Orders All change orders to the bid specifications contained within an approved M construction contract shall require the approval and signature of the City Administrator and/or designee, the Contractor and the Owner/Business. 5. Paint The Owner/Business shall select the color of paint to be used. Once selected by the Owner/Business, the paint color shall not be changed by the City, the Contractor or the Owner/Business. The use of lead based paint shall be prohibited in rehabilitation project funded with Community Development Block Grant. If addressing a pre- 1978 structure with Community Development Block Grant funds, the City shall procure the services of a Lead Paint Inspection firm to conduct the required Lead Paint tests (i.e., initial inspection, the Risk Assessment, and the clearance test.) The Business/Owner shall be notified of the hazards of lead -based paint poisoning: A) Advised that the property may contain lead -based paint; B) Advised of the hazards of lead -based paint; Q Advised of the symptoms and treatment of lead poisoning; D) Advised of the precautions to be taken to avoid lead -based paint poisoning (including maintenance and removal techniques for eliminating such hazards); E) Advised of the need for and availability of blood lead level screening for children under seven (7) years of age; and F) Advised that if lead -based paint is found on the property, appropriate removal and/or abatement procedures will be undertaken in accordance with Florida Department of Community Affairs Technical Memo: HCD: CDBG-93-12, dated November 30, 1993. If the contract cost is below $25,000, interim controls will be adhered to. If the contract cost is above $25,001 abatement procedures will be adhered to. 0 6. Initiation of Construction When the contract has been successfully awarded, the contractor receives a Notice to Proceed (finther information is contained in the construction contract and construction specifications) and the Notice of Commencement is filed. The owneribusiness is then rehabilitated in accordance with the rehabilitation standard specifications, the standard building code, and the work write-up. At each draw request, a partial waiver, final waiver, or release of liens may be required prior to payment. 7. Inspection and Acceptance of Work Responsibility for Making Inspections -- The City and/or its agent(s) shall make regular inspections, as necessary, to assure that the rehabilitation work is being completed in accordance with the construction contract. The City shall assist the Owner/Business in reviewing the Contractor's work. Partial Payment Requests will be processed for at least fifty percent (50%) of work completed and shall be signed by the City, the Contractor and the Owner/Business. The City shall maintain a ten percent (10%) retainage on all contracts. Final Inspection -- Upon completion of the rehabilitation work and receipt of the Contractor's invoice containing his/her certification of satisfactory completion of all the work in accordance with the contract, and his/her warranty, the City shall arrange for inspection of the completed work to determine whether the work has been done in accordance with the construction contract. Upon completion of the project, the local building inspector will issue a Certificate of Occupancy/Completion of project. The contractor is required to submit a request for final payment including a waiver or release of hens from the prime contractor, all material suppliers, subcontractors, persons, or organizations that may have supplied the job or have [to] an investment in the job as a result of the work performed. Making Final Payment -- When the City determines that the rehabilitation work is satisfactorily completed in accordance with the construction contract and the Owner/Business and Contractor have signed an Acceptance of Work and Warranty form, the City shall obtain from the Contractor a release of liens, including releases from all subcontractors and suppliers, and a copy of each warranty due to the Owner/Business for the work. Upon satisfactory completion of the work, the City, as agent for the owner/business will pay the Contractor the remaining forty percent (40%) of the contract price and will issue a written acceptance of work, and the Contractor shall immediately file the same with the Clerk of the Circuit Court. After the expiration of forty-five (45) days from the registry of the notice of acceptance, the contract shall be completed and the Contractor shall be discharged and the Contractor paid the ten percent (10%) retainage. One Year Warranty of Work by Contractor -- All rehabilitation work performed by the Contractor shall be covered by a one (1) year warranty. Such warranty shall confer upon the Owner/business, for a period of one (1) year, the right to require the Contractor to correct significant defects and inadequacies in the work performed under the construction contract. DULY ADOPTED in regular session this 20 day of October, 2003. Attest: CITY CLERK MAYOR AND/OR VICE -MAYOR I I CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: October 17, 2003 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. V, _YNOPSIS ADMINISTRATION GRIT — We are still awaiting the promised proposed settlement from the GRIT attorneys. When we receive it, our attorneys (Cook and Robbins) will review it and John will bring the proposal (or a refined version) to the City Council for approval. Fire Station Project — We anticipate occupying the entire building by the end of this week and we hope to have a grand opening by mid November. The project continues to be on budget at this time Upon completion, we will have a very fine facility that should serve the City's needs for the next quarter century. Industrial Park — At this time, we are discussing possibly a re -write on some of our grants with the granting entities. Mayor Kirk and I have met with a couple of companies who may be interested in locating in our industrial park. The first, Old Tyme Construction from Stuart, has made a preliminary proposal, which John Cook is putting into the forrn of a "Letter of Intent." This company is in the pre -cast stone business and we hope to be able to introduce the owner and discuss details with the ,h City Council on November 4 . I will get the "Letter" to you and answer any questions I can as soon as John and the business owner have reached a consensus on content. A second potential company is not as far along with their future plans, but we will continue preliminary discussions with them. Still, this all hinges on the granting entities willingness to permit us to replace Sheffield with another business. Jim Orth has modified the layout of the industrial park and will present it to the City Council on October 2 1. This is necessary to meet environmental permitting requirements. I think Jim has put together a design that is superior to the one we've been working with. With his proposal, it is hoped that all environmental issues can be mitigated for about $40,000. This is not included in the grant funding. L 4- � DEPARTMENT 8;�NOPSIS, CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. 1. Draft "Letter of Intent" proposal for a potential new business in the commerce center. 2. Procurement of the Billy Mason/NE 9 Street right-of-way. 3. Noise/breach of peace/animal ordinance. 4. Work with Building Department to draft notification regarding trailer park deed restrictions. 5. Draft ordinance related to allowable mobile home age. 6. Research annexation issues. 7. 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. 8. Hamrick Trust — John is in discussion with the County Attorney on this matter. 9. GRIT issues. 10. Adelphia. Contract. 11. Marvin Brantley's continuing situation. 12. Advise on matters related to IRCC Crime Lab Contract. 3 ,j I I