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2004-09-07 Regular Meeting°F� KFc CITY OF OKEECHOBEE ti SEPTEMBER 7, 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE I OF 8 AGENDA COUNCIL ACTION - DISCUSSION VOTE I. CALL TO ORDER - Mayor: September 7, 2004, Regular City Council Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith Basinger Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member 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 Deputy Clerk Melisa Eddings IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 11, 2004 Budget Workshop and the August 17, 2004 Regular Meeting. r�, Mayor Kirk called the September 7, 2004 Regular City Council Meeting to order at 12:00 p.m. The time of the meeting was changed due to emergency situations brought about by the devastation of Hurricane Frances. Council Member Watford offered the invocation, in the absence of Pastor Al Jaquith; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the August 11, 2004 Budget Workshop and the August 17,2004 Regular Meeting; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 91 9 Z SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 2 OF 8 AGENDA COUNCIL ACTION - DISCUSSION -VOTE 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. III New Business item "D" was withdrawn. Update from Police Chief on status of curfew, and hurricane status was added VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 12:05 P.M. A.1.a) Motion to read by title only proposed Ordinance No. 869 regarding Council Member Watford moved to read by title only proposed Ordinance No. 869 regarding Future Land Use Map Future Land Use Map Amendment No. 04-006-SSA, submitted by Amendment No. 04-006-SSA, submitted by David Nunez; seconded by Council Member Markham. David Nunez - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 869 by title only. Attorney Cook read proposed Ordinance No. 869 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL ;PROVID GFOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 869. 111 Council Member Markham moved to adopt proposed Ordinance No. 869; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Mayor Kirk then opened the floor to Council and Staff discussion. Planning Staff Report Summary: The applicant is requesting a Small Scale Future Land Use Map Amendment for Lots 7 and 8 of Block 78, City of Okeechobee from Single Family to Commercial. The purpose of this request is to allow for a rezoning from Residential Single Family -one (RSF-1) to Light Commercial (CLT). Together, these requests would enable the applicant to construct a professional office building on the property. IJ SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 3 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VI. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. Planning Staff Report Analysis: (A) The applicant's request is consistent with the Future Land Use category and policies of the Comprehensive Plan. Specifically: (Objective 2) The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. (Policy 2.1) The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public wholesale 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. (B) Public water and sewer will be available for the proposed development under the requested Future Land Use category as stated by the Comprehensive Plan, specifically, Policy 1.1 below: (Policy 1.1) Approval of development proposal shall continue to be conditioned on the availability of facilities and services necessary to service the proposed development and that the facilities meet adopted level of service standards. Those adopted level of service standards shall be as follows: Public Facility - LOS Standard; Potable Water Supply - 114 gallons/capita/day; Wastewater Disposal - 130 gallons/capita/day; Solid Waste Disposal - 13 lbs./capita/day, 3 years available landfill capacity; Stormwater Drainage - Design Storm: 25 year/24 hour duration; Recreation and Open Space - 3 acres/1,000 persons; Roads and Traffic Circulation - Principal Arterial: LOS C All Other Roads: LOS D. (C) The use, as requested under the application, is compatible with nearby land uses and will not be detrimental to adjacent properties. Future Land Use to the North is Industrial, to the South is Multi -Family, to the East is Single Family, and to the West is Commercial. Zoning to the North is Industrial, to the South is Multiple Family, to the East is Single Family -one and to the West is Heavy Commercial. The existing use to the North is residential, to the South is light commercial, to the East is Single family, and to the West is a Mobile Home Park. (D) The application complies with the Goals, Objectives and Policies of the City's Comprehensive Plan. Planninq Staff Report Analysis and Conclusion: The existing Comprehensive Plan's Goals, Objectives, and Policies support professional offices in this Future Land Use Category. The surrounding area is intermixed with a variety of designations. As such, approval of this request for this particular site would be consistent with the surrounding property. Planning Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial. The Land Planning Agency reviewed this application at their August 24, 2004 meeting and voted unanimously to recommend approval. There was a brief discussion between the Council. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 91- SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 4 OF 8 AGENDA COUNCIL ACTION - DISCUSSION- VOTE CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 12:09 P.M. Vil. NEW BUSINESS. A. Motion to award a contract in the amount of $781,749.75 to Ranger Council Member Watford moved to award a contract in the amount of seven hundred eighty-one thousand, seven Construction to be paid from the Economic Development hundred forty-nine dollars and seventy-five cents ($781,749.75) to Ranger Construction to be paid from the Economic Transportation Fund (EDTF) grant - Nancy Phillips, Grants/Funding Development Transportation Fund (EDTF) grant; seconded by Council Member Chandler. There was a brief discussion Specialist (Exhibit 2). 11 on this item. B. Motion to award a contract in the amount of $343,250.25 to Drawdy Construction to be paid from the Economic Development Transportation Fund EDTF) grant - Nancy Phillips, Grant Administrator (Exhibit 3). VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award a contract in the amount of three hundred forty-three thousand, two hundred fifty dollars and twenty-five cents ($343,250.25) to Drawdy Construction to be paid from the Economic Development Transportation Fund (EDTF) grant; seconded by Council Member Chandler. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Discussion pertaining to implementing a two-year education re- Council and Staff discussed the feasibility of implementing a two-year program whereby an employee would have to imbursement contract - Councilman Noel Chandler. reimburse the City for any schooling, education or training they receive during the first five years of employment, should they leave the City during this time period. Attorney Cook and Clerk Gamiotea were instructed to draft an amendment to the Personnel Policies and Procedures Handbook and bring it back to the Council for approval. 11 1 AGENDA VII. NEW BUSINESS CONTINUED. SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 5 OF 8 95 COUNCIL ACTION - DISCUSSION - VOTE D. Update pertaining to Mainstreet's certification - Councilman Dowling III The update pertaining to Main Street's certification was withdrawn by Council Member Watford. Watford. E. Motion to approve a subgrant agreement for Equipment for Florida Strategy between the State of Florida, Department of Financial Services, and Okeechobee Council Fire Rescue and Okeechobee City Fire Department - Chief Smith (Exhibit 4). Council Member Watford moved to approve a subgrant agreement for Equipment for Florida Strategy between the State of Florida, Department of Financial Services, and Okeechobee Council Fire Rescue and Okeechobee City Fire Department; seconded by Council Member Williams. Chief Smith explained, the County Commissioners recently approved for the County Fire and Rescue to participate in this program. The State is creating regional search and rescue teams. The City's participation means, we will send a certain number of personnel to be trained. Equipment is given to the City, with the understanding they will maintain it. The City would then participate with any regional type search and rescues as well as handle our own. The City would be reimbursed for calls out of the area. The costs to the City, other than to maintain the equipment, would be additional salary expense or overtime, to cover the period of time the employees are at the special training sessions. Attorney Cook advised he had reviewed the agreement, and did not have any objections from a legal standpoint. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA TV" I 'AMJ - IMP - MOTION CARRIED. F. Motion to approve the purchase of a chipper for the Public Works Council Member Chandler moved to approve the purchase of a chipper from Karl Kuemmerling, Inc., in the amount Department - Donnie Robertson, Public Works Director (Exhibit 5). of eight thousand, three hundred eighty dollars ($8,380.00) for the Public Works Department; 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. 96 SEPTEMBER 7, 2004 - REGULAR MEETING -PAGE 6 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED. G. Motion to ratify the reappointment of Denny Davis and Bettye Taylor Council Member Williams moved to ratify the reappointment of Denny Davis and Bettye Taylor to the Police Officers' to the Police Officers' Pension Fund, Board of Trustees, term Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk; beginning October 1, 2004 and ending September 30, 2006 - City seconded by Council Member Markham. Clerk. 11 Council thanked these employee's for their dedication and willingness to serve on this board. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Motion to ratify the re -appointment of Herb Smith to the Firefighters' Council Member Chandler moved to ratify the re -appointment of Herb Smith to the Firefighters' Pension Fund, Board Pension Fund, Board of Trustees, term beginning October 1, 2004 of Trustees, term beginning October 1, 2004 and ending September 30, 2006; seconded by Council Member and ending September 30, 2006 - City Clerk. H Markham. Council thanked Chief Smith for his dedication and willingness to serve on this board. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA - I. Update on curfew and Hurricane Frances Chief Davis recommended that the curfew remain in effect at this time. The majority of residents and commercial areas Clean Up - Chief Davis and Administrator Veach. are still without electricity. Discussion ensued, Council Member Watford made a motion authorizing Mayor Kirk to suspend the State of Emergency Declaration (lift the curfew), upon the recommendation of Chief Davis, when appropriate; seconded by Council Member Markham. 1 AGENDA VIi. NEW BUSINESS CONTINUED. I. Update on curfew and Hurricane Frances Clean Up continued SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 7 OF 8 97 COUNCIL ACTION - DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Chief Davis also advised, that as authorized in the State of Emergency Declaration, he and Sheriff Raulerson had implemented a ban on the sale of alcoholic beverages. This ban has now been lifted. Administrator Veach updated the Council on the clean-up progress and damage assessments. Most City facilities received minor damage. Tiles were torn from both the City Hall and Fire Department buildings. Hurricane Shutters were torn from the windows at City Hall. The radio tower between City Hall and the Fire Department fell into the parking lot. The Police Department is continuing to assess their damage, they have found evidence of leaks. Part of the roof at the Public Works barn was torn off. Emergency Personnel are being established at the County Ag Center, with ice, water, supplies and food. Florida Power and Light has all available resources working to restore power. The Okeechobee Utility Authority is working diligently to restore water and wastewater service. Administrator Veach and the Council stated they could not commend the City Staff enough for all their hard work and dedication to the citizens reaardina clean uD and restoring order. Council Member Watford also thanked Administrator Veach for keeping the Council informed. The Public Works Department has hired an outside company, with the assistance of Council Member Chandler, to come in and pick up debris from the streets and storm drainage areas, hauling it to the City Commerce Center to burn. The City has extended this offer to the County to bring their debris to be burned. However, debris from private property continues to be piled up and picked up from Waste Management. The Council wanted to publically thank the Division of Forestry for allowing the City to borrow a temporary radio tower. They also thanked SMI Milk Company for bringing in tanker trucks with potable water for citizens. 98 SEPTEMBER 7, 2004 - REGULAR MEETING - PAGE 8 OF 8 IL AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. ADJOURN MEETING - Mayor. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 12:55 p.m. The next regularly scheduled meeting is September 21, 2004. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiot .a, City Clerk 1 1 • E Tape 1 side A CITY OF OKEECHOBEE - September 7, 2004 - REGULAR CITY COUN HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, September 7, 2004, City Council Re II. OPENING CEREMONIES: Invocation given by ; B� Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. P 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 Clerk Lane Gamiotea Deputy Clerk Melisa Eddings L MEETING - Absent Page -1- e of X X X X X X X X IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Action for the August 11, 2003 Budget Workshop and the August 7, Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on tod C G agenda. 0 VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR Page -2- ADOPTION AT % 0P.M. A.1. a) Council Member moved to read by title only proposed Ordinance No. 869 regarding Future Land Use Map Amendment No. 04-006-SSA, submitted by David Nunez - City Planning Consultant (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 MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 869 by title only as f Ilows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THECITYOFO ECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING T E FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DES RIBED HEREIN FROM SINGLE FAMILY (S>, TO COMMERCIAL (C); PROVIDING FOR IN USION 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. 8 5; 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. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. • C. Discussion pertaining to implementing a two-year education Noel Chandler. va_a, ' 1 � fT& eta ��Ct dl� U1, iq` k"-e Page -4- bursement contract - Councilman 1. I . le�4 l �-tL-1 qt) Pam. A ,SJ7' / 6-t/i� POLL/cy- _S 7' �-Z/ I - Paqn- w.11, ik- - oo�o C-ri qei,�v t 0-1-kP1fi-Y1Xajt.L Update pertaining to Mainstreet's certification - Councilman Dowling Watford. • E. Council Member moved to approve a subgrant a Strategy between the Mate of Florida, Department of Financial Fire Rescue and Okeechobee City Fire Department - Chief Smii Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. F. Council Member moved to approve the purchase Department - Donnie Robertson, Public Works Director (Exhibit VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. Page -5- Dement for Equipment for Florida .rvices, and Okeechobee Council (Exhibit 4); seconded by Council /�zvpk Z7� a chipper for the Public Works i); seconded by Council Member Page -6- G. Council Member moved to ratify the reappointment of Denny Davis and Bettye Taylor to the Police Officers' Pension Fund, Board of Trustees, term beg nning October 1, 2004 and ending September 30, 2006 - City Clerk; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. H. Council Member moved to ratify the re -appointment of Herb Smith to the Firefighters' Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. 0 • G �t.Alk� c w� , t -T- CO) • Tape 1 side A CITY OF OKEECHOBEE - September 7, 2004 - REGULAR CITY HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, September 7 II. OPENING CEREMONIES: u i4Az III. 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 Clerk Lane Gamiotea Deputy Clerk Melisa Eddings L MEETING - lar M r, Absent Page -1- X X X X X X X X X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the August 11, 2003 Budget Workshop and the August 17, Regular Meeting; seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on toda 's agenda. Withdraw update on Mainstreet. Veach - update from Police Chief on status of curfew, Update on hurricane status. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 12:05 P.M. A. 1. a) Council Member Watford moved to read by title only proposed Ordnance No. 869 regarding Future Land Use Map Amendment No. 04-006-SSA, submitted by David Nunez - City Planning Consultant (Exhibit 1); seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) City Attorney to read proposed Ordinance No. 869 by title only as follows: "AN ORDINANCE OFTHE • Page -2- CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFO ECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING T E FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DES RIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt Ordinance No. 86 ; seconded by Council Member Chandler. b) Public comments and discussion. None. Tom Murphy on behalf of applicants was present. Dowling - front of Rita's furniture. Surprised single family. One block off 441 North. Noel - caty-corner from new big lake bank in NE section. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 12:09 P.M. IX. NEW BUSINESS. A. Council Member Watford moved to award a contract in the amount of $781,749.75 to Ranger Construction to be paid from the Economic Development Transpo ation Fund (EDTF) grant - Nancy Phillips, Grants/Funding Specialist (Exhibit 2); seconded by Council Member Chandler. Veach - here's the way it works, EDTF wants a contract for their portion of is just their part of the project. Clayton - this is all grant money? Yes. Col meeting, need to do anything by stating for the record. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Council Member Watford moved to award a contract in the an Construction to be paid from the Economic Development Transpoi Phillips, Grant Administrator (Exhibit 3); seconded by Council Mei VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Discussion pertaining to implementing a two-year education re-iml Noel Chandler. Noel - people that we train with our money, then they move, example of his he project. Part of the whole, this ik - clarification, changed time of cunt of $343,250.25 to Drawdy )tion Fund EDTF) grant - Nancy ber Chandler. iursement contract - Councilman with John Deere, if you leave you have to pay the company back. If we send them to school. Clayton - $2000 fire academy, $1000 EMS school. Herb - our benefit, prep get our money back out, Kirk - not in favor of pro rating. Denny - academy still have to take state exam, if can't pass exam, pay r 2-year period would begin at end of school. 10 year veteran, apply to all. Herb up to 2 years good, people been there, they've put their time in, Markham, doesn't cost him anything to stay here, got to have something kirk, why not put a period of years, Denny - may not work with promotions, etc. Noel - new employees to start with, 5 year? Effective start, thsi fiscal year. Clayton Clerk and attorney instructed to handle bringign the amendment up for tf Page -3- for hire, if they say for two years, back. here, handbook. D. Update pertaining to Mainstreet's certification - Councilman Dowling Watford. E. Council Member Watford moved to approve a subgrant agreement for Equipment for Florida Strategy between the State of Florida, Department of Financial Services, and Okeechobee Council Fire Rescue and Okeechobee City Fire Department - Chief Smith (Exhibit ); seconded by Council Member Williams. Herb - Surban search and rescue team, be a part of it, no equipment in this c Dunty, have to request asssitance, make easier for regions to get together, work together as team with county and a regional teams, they buy all the equipment, our part is to maintain the equipment, 6 member personne , pay for training, we pay for back fill, trying to get instructors in our area, reimburse when we have calls out ol the areas. Attorney has reviewed it. Cook - contractual calls us to do things, can drop us if we don't, Dowling - helpful to our department? Yes. If you cannot comply you give the equipment back and state we cannot d D our part. It lightens the load for them. Veach - state showing signs of flexibility to work through this. Cook - established in some parts of the state already. Yes. County's is already approved. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. F. Council Member Chandler moved to approve the purchase of a chipper from Karl Kuemmerling, Inc. in the amount of $8,380.00 for the Public Works Department - Donnie Robertson, Public Works Director (Exhibit 5); seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. G. Council Member Williams moved to ratify the reappointment of Denny Davis and Bettye Taylor to the 0 Page -4- Police Officers' Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk; seconded by Council Member Markham. Thank them for willing to serve. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. H. Council Member Chandler moved to ratify the re -appointment of Herb Smith to the Firefighters' Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. I. Curfew and Hurricane Updates. Denny - curfew, recommend stay at least until power is restored. Veach - curfew needs to be lifted, Mayor or Chief impowered to lift that cufew? Cook - yes, not changing anything, just leaving all in tack. Remain as is, nodification, Mayor authorized to suspend state of emergency declaration on the advice of Police Chief. Denny, suspended the sale of alcohol, sheriff and I have now lifted that. Watford Mayor authority upon recommendation Police Chief and any other items, Markham, second. Vote all yea. Veach - basics, ag center, emergency personnel, food, water, ice was limited, expecting more, don't want to sound negative about the state, they are doing a good job, anything you can do for yourself do, FPL is working hard, every available resource in Okeechobee, may be days still. OUA up somewhat, they have serious issues they are working, they may be up and down for a few days, better today tha yesterday. Don't know status of schools. City faciliites, most received, tower, tiles missing on roof, hurricane shutters some down, fire station held pretty well, part of roof on city barn down, leaks at police department. Fuel adaqu te, discels getting as much as we can. Brush pick up trying to work on. Requested chippers from state agencies, be a while coming, got outside company, taking to industrial park and burning, offer to county also. Wa temanagment has 2 clam shells working today, trying to get more. City staff working remarkable. Ag ce ter short of staff Robin getting volunteers ready. Lola staying on top of documenting all financial matters, submitting to FEMA ASAP. We're not in as bad of shape as a lot of folks. Putting temp tower. Division of Foresty allowing us to us that. Building Department working with Ken to see if possible, waiving fee's low level, make minor repairs without permit and get them later, Code enforcement could go back if they don't. Joe's health no good, Ken is going to have to send some back up. Where we can be flexible, we will, Cook will oversee the t. Police repeater damaged, mail channel out, do have some communications, fire on police channel now. SO ad far greater problems. Finance prespective, employee checks will be regular, then get handle on overtime, Dowling - echo what Bill said, city staff is something, they really responded, ery greatful for what our city staff has done. I try to stay out of the way, Bill outstanding keeping us updated. 0 A trucks out all night, don't know how to convey our thanks to those agencies, all learned a lot, Bill understa ids my concern on this, not just Okeechobee, wish they would just announce what's going on. WOKC did a reat job Friday, hopefully we can improve that. Really something to see with all the staff working together. 0 Page -5- Kirk - everybody echo the same thing. SMI milk company, they rolled in 2 tanks of their own for the community. Markham keep list of people, Fridge and freezer for the police department, Denny - allowing us to keep family together at police department, releave 3 burden on officers, Markham - I appreciated the police dept very much. Cook - talked with Noel and Bill, ETDF on there time, felt that if we waited until 6 pm, timing of curfew would be late, moved up, contacted WOKC, Robin contacted Nunez, essential t move the time of the meeting up. 12:55 p.m. CITY OF OKEECHOBEE SEPTEMBER 7, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: 0 II. OPENING CEREMONIES: September 7, 2004 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Al Jaquith, Basinger Baptist Church. Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member 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, 1VIII1IJIw-NJLy VICIn. • A. Motion to dispense with the reading and approve the Summary of Council Action for the August 11, 2004 Budget Workshop and the September 7, 2004 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. SEPTEMBER 7.2004 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 869 regarding future Land Use Map Amendment No. 04-006-SSA submitted by David Nunez -City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 869. 2.a) Motion to adopt proposed Ordinance No. 869 (Land Planning Agency recommends approval). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A. Motion to award a contract in the amount of $781,749.75 to Ranger Construction to be paid from the Economic Development Transportation Fund (EDTF) grant - Nancy Phillips, Grants/Funding Specialist (Exhibit 2). B. Motion to awaro a contract In the amou 0 grant - Nancy Phillips (Exhibit 3). C. Discussion pertaining to implementing a two-year education re-imbursement contract - Councilman Noel Chandler. D. Update pertaining to Mainstreet's certification - Councilman Dowling Watford. E. Motion to approve a Subgrant Agreement for Equipment for Florida Strategy between the State of Florida, Department of Financial Services, and Okeechobee County Fire Rescue and Okeechobee City Fire Department - Chief Herb Smith (Exhibit 4). U SEPTEMBER 7, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. F. Motion to approve the purchase of a chipper for the Public Works Department - Donnie Robertson, Public Works Director (Exhibit 5). G. Motion to ratify the re -appointment of Denny Davis and Bettye Taylor to the Police Officers' Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk. H. Motion to ratify the re -appointment of Herb Smith to the Firefighters' Pension Fund, Board of Trustees, term beginning October 1, 2004 and ending September 30, 2006 - City Clerk. VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed 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. • 0 EXHIBIT 1 SEPTEMBER 7, 2004 ORDINANCE NO. 869 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL RIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE P N, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCI L (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING F DR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee reco nizes 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 PI ns; and WHEREAS, the City has received and reviewed certain application(s) (No. 04-006-SSA) 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; an WHEREAS, the City has agreed with the recommendations o the Land Planning Agency that the proposed application(s) complies with the requ rements of Florida Statutes 163, Part 11, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future Iand uses within the City; NOW, THEREFORE, it is ordained before the City Council f Florida; presented at a duly advertised public meeting; of the City Council; and properly executed by the M; Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Development Activities Comprehensive Plan Amer 163.3187, and shall be effective within the City limits Florida. SECTION 2. AUTHORITY. )r the City of Okeechobee, ind passed by majority vote ryor or designee, as Chief Okeechobee Small Scale dment," pursuant to F.S. Df the City of Okeechobee, This City of Okeechobee Small Scale DevelopmentAc ivities Comprehensive Plan Amendment is adopted pursuant to the provisions o Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.032 acre(s) is hereby redesignated for purposes of the Futur Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 04-006-SSA, from Singh Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 Lots 7 and 8 of Block 78, OKEECHOB E according to the plat thereof as recorded in Plat Book 5, P ge 5, public records of Okeechobee County, Florida. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Ok echobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended Decamber 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechob a Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declarec by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 68 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 1_ day of September, 2004. ATTEST: Lane Gamiotea, City Clerk ADOPTED after first reading on the 70' day of September, ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 • City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: letition No. 014 -W -�3s Fee Paid: urisdiction: L p 1st Hearing a nd Hearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: J Small Scale Amendment (Under 10 Acres) _ Large Scale mendment (Over 10 Acres) ✓ Name of property o-f A4 iaad2aae2 jo!� c A Owner mailing address: �(� ,S f • ,��,�, �� .3ZZI P P Name of applicant(s) if other than owner (state relationship): io Z L I C Applicant mailing address: A N Name of contact person (state relationship): T Contact person daytime hone(s): � -- Fax: -Obl ✓ Property address / directions to property: - C brn _ S1 • s t Parcel Identification Number: j_ /5 - 3-7-- 25- 60 / L - DU " 00-70 Size of the Property (in acres): U , Current Zoning Designation: S F P R Current Future Land Use Designation: fe'5, O ExistingUse of the Property: p rty: �%, i C- co n �- P E Proposed Future Land Use Designation: C 0 r n me ;-, , c'� �c. R T Proposed Use of the Property: Y = Lc Description of Surrounding Properties: C-Cmfn ,e7 m p b, )e mF Legal Description of the Property (Lengthy Description May be Atta hed): '41e-k she 4 4S�� AIE 2 .� 4e,,— - V 4 CA-Zl- �1A ue Uniform Land Use Application (rev. 12t03) Page 1 of 2 Required Attachments Survey of Property (11" x 14", 20" Scale) Application Fee (non-refundable) Letter Outlining Request _ City Location Map W-0 Notarized Letter of Owner's Authorization Confirmation of Information Accu i hereby certify that the information in this application is correct. ,The information included in 111is application is for use by the City of Okeechobee in processing= my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 4iL-,,(n"a ys and may result in the summary denial of this application. A Dateturc Printed Name Uniform Land Use Application (rev. 12/03) Page 2 of 2 • David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, Fl 34974 863-467-0611 AFFIDAVID July 22, 2004 Request for change of Future Land Use Map We are requesting a change in the Future Land Use Map on the Parcel of land recorded as #3-15-37-35-0010-00780-0070 in the City of Okeechobee, County of Okeechobee, Florida. The property is located on the corner of N.E. 6d'. Street and N.E. 2nd. Avenue. That the purpose for this request is to allow for a zon ng request change to allow construction of a Professional Office Building on this Parcel. The area is changing into Commercial businesses and is within one block of State Road 441 North, a heavily traveled four lane. The Office Building would comply with all City Codes and requirements and would be a needed addition to the community and its tax base. The anticipated size of the new Building would be approximately 2000 sq. feet, comprised of no more than three offices in the building. It would be our intention to lease these offices primarily to be operated in the daytime hours, and should cause little, if any, inconvenience to the residence in this area. Thank you for your consideration, Cc David Nunez, _ Anita S. Nunez 03/29/200.4 16:28 8634�1 DA SOD PAGE 02 , 1'W prpwBy and Return tos CO Y YI, .A . T N. TPI 40 N.. 6TIt 817s r P. O 67 1L 34973 -1367 3-15-37-35-0010-00780-0070 Par MN sl 2 ar I anty Deed T Ind tare, Made this 6 th day of February , 2 04 �. , Betvrteea S. WELDER and SLSIS M. WELDER, his Wife sum of Florida , grantors, and of c -dy of Okeechobee I�ANDSCAPINa, iNC., a Florida corporation D A OD w addrw ia: 2085 S.E. 4th Street, Okeechobee, FL 34974 stne of Florida.+ grantm of Caauy of Okeechobee W esse that the GRANTORS, for and m coasidasd� of the F mt of ---TEN DOLLARS ($10)----------------------- DOLLARS, have _ other paid-'- -'-_--_-_-__-- good and va u k eOn{dOSOon to GRANTORS in hmd by GRANTbE receipt cr the fonowmg deseribod lands mumvew nd asold to the said GRANTEE ud GRANi'P.>"S heir, sarsocee*a sad assitns b wit tend ;nyeCoumyof Okeechobee S— of Flori 8 of Block 78, o10EECHOBEE, according to • P let thereof ots 7 and Plat Book 5, Page 5, public records of keeehobee County, ecc ein Tora. dd Ubj ct to restrictions, reservatinssandtuasementss ofarecnt ordDecember tsy, which are not raimposed hereby,� lot, 2003. �A the paaoors do hereby fumy w�aamt the title to mad had, and wilt dafmd tba samta assiast ! III itri i Whereof, dW gt-MM Mw besunm sat fiar hands ad axis the dey sad year tint SI tad, seed and delivered A our presence: who CONELY A F FLORIDA OF Oxzx ZOBEa WILLIAM S. WE. P.O. Addmc Ng N.E. tad ELSIE M. WELD P.O.Addrem GN N.S. tad US b=muntot sou Wkwgriedted hetbte me doe 6 th day of Feb S. WELDER and ELSIE M. WELDER , his wife lytmowutomaorwbohavayrodaceddadr Florida driver's license EYAMAECONRY • . IdY CMAM I CC t> M TVA MA8 Y ' otpMoataadarmmm Notary Public swwvwetmrhwuirws.a �� 1: ,rv.naryaotnr,ywwe�fw. feat fMA76m It>•RWD.1 fd claims of aII per— whoa cler. we WTitftL (S-n a Okeeebobee, IM 349n e, Okeeebebm n 34M Lary , 2004 by 2:4- 12/04 care 6 7 c 8 9 h 1 2 3 4 5 3 4 z 5 6 E.5 1 2 16 Q. 6 16 6 17 7 17 7 lg 8 18 8 19 9 19 9 20 10 a 20 7 M.E7 TH STREET 4? } �►I 3 2 1 X Wr � � E 6 5 4 3 2 1 O a a 10� 11 12 7 9 10 11 12 ` d 5 4♦ .5 j Aso —7 .E-B TH STREET H $ ¢ C !J 5 3 2 1 6 Z 4 3 2 1 90 lil t� o W 8 10 it 1 11 12 9 7.5 47.5 s0 7- cv -- u + � z 5 3 2 3 6 5 4 3 2 1 16 17 18 19 20 6 7 a 9 w.s 10 5 I 4 3 1 2 1 8I1 9 1* 11 112 6 �I 4 13 1 1 7 g 9 10 11 12 fl 6 1375 Jac Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239 334-3366 Fax: 239-334-6384 Email: laru-planning(a,att.net Staff Report - Small Scale Comprehensive Plan Amendment P-epared for Applicant: From: Petition No. The city of 6 David Nunez Single Family to 04-006-SSA • Staff Report Small -Scale Comprehensive Plan Amendment Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address: David Nunez 2085 SE 41h St. Okeechobee, FL 33974 863-467-0611 D & A Sod and Lands( 2085 SE 4' St. Okeechobee, FL 3397 Applicant: David Nunez Petition No. 04-006-SSA ning-, Inc. Future Land Use Map Classification Single Family Commercial Zoning District RSF-1 Light Commercial (postponed request) Use of Property Vacant Professional Offices Acreage 0.032 0.032 Access NE 6 St. and NE 20 Ave. Location: NE Corner of NE 6d' Street & NE 2❑d Ave Legal Description: Lots 7 and 8 of Block 78, OKEECHOB E, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. The applicant is requesting a Comprehensive Plan Future Land Use to Commercial. North: Future Land Use Map Classification: Industrial Zoning District: IND (Indus Existing Land Use: Residential East: Future Land Use Map Classification: Single Farr Zoning District: RSF-1 (Re; Existing Land Use: Mobile Ho South: Future Land Use Map Classification: Multi -Faro Zoning District: RMF (Res Existing Land Use: Light Com West: Future Land Use Map Classification: Commerci Zoning District: CHV (Con Existing Land Use: - t from Single -Family ;ntial Single Family) Park Multi -Family) Heavy) 1 Staff Report Small -Scale Comprehensive Plan Amendment The applicant is requesting a Small -Scale Future Land Use above referenced property from Single Family Future Land Use to this request is to allow for a rezoning from Residential Single Fam Commercial (CLT). Together, these requests would enable the apf professional office building on the property. However, the applicai rezone. The applicant would like to know the outcome of this curd amendment before proceeding with the request to rezone. A. Consistency with the Land Use Categories and The applicant's request is consistent with the Future policies of the Comprehensive Plan. Specifically: Objective 2: The City of Okeechobee shall cont development is consistent with the Policy 2.1: The following land use designations purpose of managing future growth: c) Commercial. Permitted uses automotive wholesale, and rel Also permitted are public whc development shall not exceed the maximum impervious surf this category shall not exceed B. Concurrency of Adequate Public Facilities Public water and sewer will be available for the pro] requested Future Land Use category as stated by the specifically, Policy 1.1 below: Policy 1.1: Approval of development proposal s. conditioned on the availability of fac to service the proposed development adopted level of service standards. T; standards shall be as follows: Applicant: David Nunez Petition No. 04-006-SSA lap Amendment for the ommercial. The purpose of y-1 (RSF-1) to Light -ant to construct a has postponed the request to t request for a map Policies. Use category and to ensure that all new .re Land Use Element. established for the iclude, office, retail, ed commercial activities. sale facilities. Commercial floor area ratio of 3.00 and ;e for development within i% of the site. development under the prehensive Plan, ill continue to be ities and services necessary nd that the facilities meet )se adopted level of service 4 Staff Report Small -Scale Comprehensive Plan Amendment Applicant: David Nunez Petition No. 04-006-SSA Public Facili LOS Standard Potable Water Supply 114 gallons/capita/day Wastewater Disposal 130 gallons/capita/day Solid Waste Disposal 13 3 bs./capita/day ars available landfill capacity Stormwater Drainage Design 25 Storm: ear/24 hour duration Recreation and Open Space 3 a res/1,000 persons Roads and Traffic Circulation Pri All cipaI Arterial: LOS C Other Roads: LOS D C. Compatibility with Adjacent and Nearby Land U The use, as requested under the application, is cor and will not be detrimental to adjacent properties. D. Compliance with Specific Standards of the Plan. The application, as requested, complies with the the City of Okeechobee's Comprehensive Plan. The existing Comprehensive Plan's Goals, Objectives, a professional offices in this Future Land Use Category. T intermixed with a variety of designations. As such, apprc particular site would be consistent with the surrounding Staff Report include a copy of the Future Land Use Map subject property with the proposed Future Land Use des; Staff recommends approval of the applicant's request to Map from Single Family to Commercial. Submitted by: James G. LaRue, AICP July 28, 2004 ble with nearby land uses Objectives and Policies of Policies support surrounding area is of this request for this erty. Attachments to this catina the location of the the Future Land Use PL ANN I NG & NGT 977 P02 P.IJIJG 0? ' 04 1 4 .frrl fq{r r 1 r ! 1 fr.1 ■r�W • t r 4 :wst • .. a r t .. 1 1! 1 a.• r N w 1• s■• N a E 1 11 fllBl r • 1 • . t s sct• ran C i mim:! • t i +� lfra[t - AN( IW1 70 �t 7 "' mu( I i r. A.r foul LEGEND V • • . i �r•• ar r f.u• fflrtr S I .i t 'V LE i f aM I LY "P a/• M N • MULTI FAM I LY_v,--f"=-` .' �/-�f r i COMMERCIAL a . • C 1 . a rmv i ! iL/U S TR i ,AL i V BL I 1I FACILITIES."...,. .'1 t A r 1 ❑ INW? ft� 0 Ir . Jill S r�Lij }�' � T �¢Q ��1311{ Mg m Al n sC GciZ®-pm ��09� Q HOT I I t r F'I I u»�qV �o�=i �ouu � ��UV I I u'~•3 N v n— b '� u'_� •'o �i c'oK(°m oa o`9s vmno Vim'{ n_T .+ nvn onw w� n o yR GEr 0 wo d� ?< Y'f. Nn o Ill is Y D R. �Qo� meo .c a o.�G �o �uRE [ns 10 n m no .w— . 1a q Y u A ;+ — _ 70. 00' ( C. P) o m rT m � I v ( V i I — EDGE PM.'EnenT o EDGE PAVEMEfIT ALLAFW66E 6TREET [ P ] 7O' p/N - ASPHALT S a N00'03'10'N 1 0.00'(F.P) f � I in I m �o rn v a n — -- T SOO'01'34'E 140. 2'(F) 140'(P) t- O .-' E, 1- f� LO 9 RE61 CerjCe I SCALE: ('- 30' JOB •: 04-040-5 CENTS FWAGE:5T37NE/44- CALCS: SN0 FLD.OATE:3/18/04 O � A �D�I-ArVG�CAPW�JGJrJC�, 00ANN: KO/CAO - OIIANING o:25360 REVISIONS: SHEET `"�C.tc'•Gb C C_.i �� OF 6TEVEfl W. DEI IAYG. PQ1 0 5170 1-0,06495 -- sy wI LnM I�)I IN Ol'' ILJ111VD GUM V1Gll ItNG 606 W. MDRTH PARK 6TREET 0KEr:CHoI3EE, FLOR I DA 34972-4 155 PHOME:869-467-8889 FAX: 467-8111 t August 25, 2004 - Land Planning Agency - Page 2 of 3 AGENDA ACTION - DISCUSSION - VOTE IV. New Business. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-006- SSA. Consider a recommendation to the City Council, to change the land use designation from Single -Family to Commercial. The subject property is located at the NE corner of Northeast 6th Street and Northeast 2nd Avenue. D&A Sod and Landscaping is the property owner, Anita Nunez is the applicant - Exhibit 1. Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary of Application: The applicant is requesting a Small -Scale Future Land Use Map Amendment for the above referenced property from Single Family Future Land Use to Commercial. The purpose of this request is to allow for a rezoning from Residential Single Family-1 (RSF-1) to Light Commercial (CLT). Together, these requests would enable the applicant to construct a professional office building on the property. However, the applicant has postponed the request to rezone. The applicant would like to know the outcome of this current request for a map amendment before proceeding with the request to rezone. Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan Policies. The applicant's request is consistent with the Future Land Use category and policies of the Comprehensive Plan. Specifically: (Objective 2) The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. (Policy 2.1) The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public wholesale 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. (A) Concurrency of Adequate Public Facilities. Public water and sewer will be available for the proposed development under the requested Future Land Use category as stated by the Comprehensive Plan, specifically, Policy 1.1 below: (Policy 1.1) Approval of development proposal shall continue to be conditioned on the availability of facilities and services necessary to service the proposed development and that the facilities meet adopted level of service standards. Those adopted level of service standards shall be as follows: Public Facility - LOS Standard; Potable Water Supply - 114 gallons/capita/day; Wastewater Disposal - 130 gallons/capita/day; Solid Waste Disposal - 13 lbs./capita/day, 3 years available landfill capacity; Stormwater Drainage - Design Storm: 25 year/24 hour duration; Recreation and Open Space - 3 acres/1,000 persons; Roads and Traffic Circulation - Principal Arterial: LOS C All Other Roads: LOS D. (1) Compatibility with Adjacent and Nearby Land Uses. The use, as requested under the application, is compatible with nearby land uses and will not be detrimental to adjacent properties. (2) Compliance with Specific Standards of the Plan. The application, as requested, complies with the Goals, Objectives and Policies of the City of Okeechobee's Comprehensive Plan. August 24, 2004 - Land Planning Agency - Page 3 of 3 AGENDA ACTION - DISCUSSION - VOTE IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-006- SSA, continued. Planning Staff Report Analysis and Conclusion: The existing Comprehensive Plan's Goals, Objectives, and Policies support professional offices in this Future Land Use Category. The surrounding area is intermixed with a variety of designations. As such, approval of this request for this particular site would be consistent with the surrounding property. Attachments to this Staff Report include a copy of the Future Land Use Map indicating the location of the subject property with the proposed Future Land Use designation. Staff recommends approval of the applicant's request to amend the Future Land Use Map from Single Family to Commercial. There was no public comment; no discussion from the Agency Members. Agency Member T. Keller motioned to recommend approval of Petition 04-006-SSA to the City Council, based on the application findings being consistent with the Comprehensive Plan; seconded by Agency Member McCoy. VOTE HOOVER -YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MAXWELL - YEA MOTION CARRIED. V. Adjournment- Chairperson G There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:20 PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning 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. General Services tapes are for the sole purpose of backup for official records of the Department. Bill Ledferd, Chairperson ATTEST: Katrina Vinson, Secretary • The Okeechobee News P.O. Box 639, Okeechobee, Florida 3497 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally 2 ppeare( Judy Kasten, who on oath says she is Publisher of the Oke echobeo News, a DAILY Newspaper published at Okeechobee, it Okeechobee County, Florida; that the attached copy of a4 Ivertise ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore beer published continuously in said Okeechobee County, Florid, each week and has been entered as second class mail matter a the post office in Okeechobee, in said Okeechobee County Florida, for a period of one year next preceding the firs publication of the attached copy of advertisement; and affian further says that she has neither paid nor promised any person firm or corporation any discount, rebate, commission c r refun( for the purpose of securing this advertisement for publication it the said newspaper. /1 QQ ._ �tome this Sworr�ndubscribed fo day of / A.D. 20 Notary Public, State of Flori a at Lai `"GY'P``sKFrmen Co Expires:. At missic Bon( tic Bc PUBLIC NOTICE CONSIDERATION OF ADOPTING A CRY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday Sep ber 7, 2004 at 6:00 p.m. or as soon thereatter passible, at City Hart. 5.5 SE 3rd Ave., Okeechobee, FL, con t. duct a PUBLIC HEARING on and thereafter consider final reading of the n.m..� i� n 1— rNn 86g1 AN ORDINANCE OFTHE CITY OF PLAN; PROVIDING FOR AN EFFEMn/t uAtt. The Ordinance pertains to an Application (No. 04-006-SSAI request- ing to amend a portion of the Comprehensive Plan Future Land Use Map made by the property owner. David and Anita S. Nunez, Jr. The owners are requesting to Change Lots 7 and 8 of Block 78, City of Okeechobee fromfrom Single Family to Commercial. The progeny is apP� in acres, is cunerdly vacant and located i NoMeast 6th Street and 2nd Avenue. Afi members of the public are encouraged to attend and participate in said heating. The proposed Ordnance be inspected hits entirety by members of the public in the Office of the CKy Clerk during regular busi- ness hours, Mon -Fri., 8am4:30pm, except mr holidays. 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 tieadn0 such interested person n 11en aarecoN o� the proceedings, and fop such purpose may need record of the proceedings is made, which farrecord incd. lude Clerk testimony and evidence upon which the appeal is to for the sole purpose of backup for official records of the Clerk bi accor- dance with the Americans with Disability Act (ADA) and Ronda Statutes 286.26, persons with disabifihas needing special accommodation to par- ticipate in this Proceeding should contact lane Gamiotea no later than two (2) working days prior to 1ho'oroceeding at 863 763-3372 x215; it hearingy or voice impaired call TDDDD 1-800-222-3448 (voice) or 1-888- 447-5620 MY). Lane Gamiotea, CITY CLERK 508997 ON 8(27l04 r I R. Brown, In #DD272118 Jan 17, 2008 fed Thru ending Co., Inc • i EXHIBIT 2 SEPTEMBER 7, 2004 MEMORANDUM NANCY PHILLIPS & ASSOCIATE 3. L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 August 27, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Award of Contract — Economic Development Fund (EDTF) The City conducted a bid opening on March 30, 2004 for the Contract — 2A of the City of Okeechobee Commerce One (1) bid was received, with the low bidder being Ranger Coi of $2,019,982.80 of which $1,011,432.05 are for roadway impr from several different funding sources. The EDTF contract am4 This contract will cover the cost of the improvements to NE 9 h approaches, drainage, roadway/utility improvements, and paving de -sac at the middle of parcels 8 and 11 where Federal Cast Sto their facility. ing project: Aruction in the amount vements to be paid for znt will be $781,749.75. >treet for the bridge and grading to the cul- e, Inc., will be locating In accordance with the engineer's recommendation, staff would ike to request that the City Council award a contract to Ranger Construction in the amount of $781,749.75 to be paid from the Economic Development Transportation Fund gra I will be present at the September 7, 2004 City Council meeting you might have. Thank you for consideration of this request. /nsp address any comments • AGREEMENT THIS .AGREEMENT, made and entered into on this __ _____ and between RANGER CONSTRUCTION, Party of the First Part, and the City of (Okeechobee (OWNER), Party of the Second Part: WITNESSE'TH: That, the First Party, for the consideration hereinafter fully srt r-Alt, tiereb ;agrees with the Second Party as follows: 1. That the First Party shall fumish all the materials, and perform all of the work in manner and form as provided by the Drawings Identified in Section 00015 List of Drawings, Specifications Identified in Section 00010, and DOclrments as noted in Bid entitled "Construction of Contract — 2A of the City of Okeechobee Commerce Center" which are attached hereto and made a part hereof, as if fully container here: 2. That the First Party shall commence the work to be perf rmed under this Agreement on a date to be specified in a written order of the Seca id Party and shall complete all work hereunder within the length of time stipulated in he BID. 3. That the Second Party hereby agrees to pay from the Irant funding received from the Economic Development Transportation Fund to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications of Proposal, in lawful money of the Un led States, the amount of: Seven Hundred Eighty -One Thousand Seven Hundred Fortv-Nine Dollars and 75/100 (Written Dollar Amount) dollars ($_781,749.75), based on the estimated quantifies and Unit or Lump Sum Prices contained on the First Party's Bid Form. 4. That the Second Party shall make monthly partial psyn nts to the First Party on the basis of a duly certified and approved estimate of w rk performed during each calendar month by the First Party, LESS the retains a provided in the General Conditions, which is to be withheld by the Second Party until work within a particular part has been performed strictly in accordance with thi Agreement and until such work has been accepted by the Second Party. 5, That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on Agreement account of this A%ement shall be made within 60 da fter the completion by the First Party of all work covered by this Agreement and tt e acceptance of such work by the Second Party. 6. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00/100 Dollars ($1,000.00) per day, plus any monies paid by the OWNER to the Engineer for additional engineering and inspection se ices associated with such delay. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be. adequate to cover the performance of the work, the First Party shall, at its expense within 5 days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such Event, no further payment to the First Party shall be deemed to be due under thi m A reeent until such new or additional security for the faithful performance of the work shall be furnished in rnanner and form satisfactory to the Second Party. £i_ No additional work or extras shall be done unless the by appropriate action by the Party of the Second Part. �-- shall be duly authorized Agreement • IN WITNESS WHEREOF, the parties hereto have executed thi. Agreement on the day and elate first above written, in three (3) counterparts, each of rich shall, without proof or accounting for the other counterpart be deemed an original Con r ( WITNESSES: CONTRACTOR: f ___ AL) I IENTICATION: BY- NAME. - I'll LE: APPROVED AS TO FORM: BY- NAME: TITLE: BY: NAME: TITLE: OWNER: City of BY: NAME: TITLE: END OF AGREEMENT Agreement • a EXHIBIT 3 SEPTEMBER 7, 2004 MEMORANDUM NANCY PHILLIPS & ASSOCIATE 5, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 August 27, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Award of Contract — Economic Development T (EDTF) The City conducted a bid opening on April 21, 2004 for the Construction of Contract — 2A of the City of Okeecho Commerce Center Six (6) bids were received, with the low bidder being Drawdy of $787,250.25. Since the bid opening, the City's engineer, C Associates, has worked with the potential contractor to negot $643,250.25 for this project. Okeechobee County is contribu contract. The EDTF contract that you should consider award which is within the funding perimeters of the grant. ion Fund project: nstruction in the amount A. Smith & a reduced amount of $300,000 towards this will be for $343,250.25 In accordance with the engineer's recommendation, staff would ike to request that the City Council award a contract to Drawdy Construction in the a ount of $343,250.25 to be paid from the Economic Development Transportation Fund ant. I will be present at the September 7, 2004 City Council meeting you might have. Thank you for consideration of this request. /nsp address any comments • AGREEMENT THIS AGREEMENT, made and entered into on this and between DRAWDY CONSTRUCTION, Party of the Okeechobee (OWNER), Party of the Second Part: WITNESSETH- T hat, the First Party, for the consideration hereinafter fully Second Party as follows: y of 20_. , by irst Part, and the City of out, hereby agrees with the 1. That the First Party shall furnish all the materials, an perform all of the work in manner and form as provided by the Drawings Identified in Section 00015 List of Drawings, Specifications Identified in Section 00010, and Documents as noted in Bid entitled "Construction of Bridge Contract — 2A of the City of Okeechobee Commerce Center" which are attached hereto and made a part hereof, as if fully contained here: 2. That the First Party shall commence the work to be performed under this Agreement on a date to be specified in a written order of the Seco d Party and shall complete all work hereunder within the length of time stipulated in the BID. 3 That the Second Party hereby agrees to pay from the grant funding received from the Economic Development Transportation Fund to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications of Proposal, in lawful money of the United States, the amount of: Three Hundred Forty -Three Thousand Two Hundred Fifty Dollars and 25/100 _ (Written Dollar Amount) dollars ($. 343,250.25), based on the estimated quanti ies and Unit or Lurnp Surn Prices contained on the First Party's Bid Form. 4. "That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of work performed during each calendar month by the First Party, LESS the retains a provided in the General Conditions, which is to be withheld by the Second Party until work within a particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence sati _ factory to the Second Party that all payrolls, material bills, and other costs inCL rred by the First Party in connection with the construction of the work have been aid in full, final payment on Agreement account of this Agreement shall be made within 60 day7te fter the completion by the First Party of all work covered by this Agreement and acceptance of such work by the Second Party. ti. In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 001100 Dollars ($1,000.00) per day, plus any monies paid by the OWNER to the Engineer for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if, at :any time after the execution of this Agreement and the Surety Bond hereto attached for its faitiifi,l performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the work, the First Party shall, at its expense within 5 days after the receipt of notice from the Secon I Party so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. 8. No additional work or extras shall be done unless the by appropriate action by the Party of the Second Part. ine shall be duly authorized Agreement LJ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above written, in three (3) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Go tract, WITNESSES: CONTRACTOR: AIJ f'VIENTICATION: fly. NA(VII-.- IIILF: APPROVED AS TO FORM: BY: NAME: TITLE: BY: NAME: TITLE: OWNER: BY: NAME: TITLE: City of Okeechobee END OF AGREEMENT - Agreement • EXHIBIT 4 SEPTEMBER 7, 2004 Contract Number: CFDA Number: SUBGRANT AGREEMENT FOR EQUIPMENT FOR FLORIDA STRATEG (DOJ Funding Cycle 2002-04) THIS AGREEMENT is entered into by and between the State of with headquarters in Tallahassee, Florida (hereinafter referred to as the "Dep, Rescue and Okeechobee City Fire Department (hereinafter referred to as the ' THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLL A. WHEREAS, the State of Florida is vulnerable to a wide array of caused by terrorist acts; and B. WHEREAS, the parties desire to improve the capability and the its local and regional agencies of government to respond to terrorist acts; and -NF-00-00-00-00- 16.007 Department of Financial Services, and Okeechobee County Fire FACTS: which includes disasters of the State of Florida and C. WHEREAS, the Department has prepared and had approved by the S. Department of Justice, the State and Local Domestic Preparedness Equipment Program Florida Strategy, dated September 20, 2001 (`the Florida Strategy"), to allow the State of Florida to participate in the State and Local Domestic Preparedness Equipment Program; and D. WHEREAS, the Department has received these grant funds from tht federal government and has the authority under the Emergency Management Act, as amended, to subgrant these ds and to otherwise provide assistance to improve the disaster response capabilities of local governments; an E. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and F. WHEREAS, the Department has authority pursuant to Florida law tol disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in Attachment B of this Agreement. as follows: with the Scope of Work, 1 (2) Both the Recipient and the Department shall be governed by rules and regulations, including but not limited to those identified in Attachment (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and lifetime or shelf life of said goods and equipment, unless terminated earlier in State and Federal laws, for the normal operating with the provisions of paragraph (7) of this Agreement. The condition and/or depletion of equipment wi 1 be reported annually as required by the Scope of Work, Attachment B of this Agreement. (4) MODIFICATION OF CONTRACT. Either party may request modification of the provisions of this mutually agreed upon, shall be valid only when reduced to writing, duly signed 1 attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agr "Common Rule: Uniform Administrative Requirements for State and Local 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Princ Governments," OMB Circular No. A-21, "Cost Principles for Educational Insti 122, "Cost Principles for Nonprofit Organizations." If this Agreement is made organization on a cost -reimbursement basis, the Recipient shall be subject to F, and 931.2. (b) The Recipient shall retain sufficient records demonstrating this Agreement for a period of five years from the date the audit report is issued, its designee, Comptroller, or Auditor General access to such records upon reques audit working papers are made available to the Department or its designee, Coml request for a period of five years from the date the audit report is issued, unless e Department, with the following exceptions: Changes, which are each of the parties hereto, and shall be subject to the federal unents" (53 Federal Register Education, Hospitals, and for State and Local it or OMB Circular No. A - a commercial (for -profit) Acquisition Regulations 31.2 compliance with the terms of shall allow the Department or The Recipient shall ensure that Eller, or Auditor General upon in writing by the 7 1. If any litigation, claim or audit is started before the and extends beyond the five-year period, the records will be maintained until all li involving the records have been resolved. of the five-year period claims or audit findings 2. Records for the disposition of non -expendable pers ial property valued at $5,000 or more at the time of acquisition shall be retained for five years after final dispositi closing of title. 3. Records relating to real property acquisition shall be retained for five years after (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work I- Attachment B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circu tances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to recordkeeping and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision as definedlin Section 768.28, F1a.Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat. for its negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve s a waiver of sovereign 3 • imimunity by any Recipient to which sovereign immunity applies. Nothing herein state agency or subdivision of the State of Florida to be sued by third parties in an, contract. (7) DEFAULT; REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreen Congress, the state Legislature, the Office of the Comptroller or the Office of Ma of the following events occur ('Events of Default"), all obligations on the part of further donations or payment of funds hereunder shall, if the Department so elect may, at its option, exercise any of its remedies -set forth herein, but the Departmei be construed as consent by a matter arising out of any as a result of action by and Budgeting, or if any Department to make any terminate and the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading any respect, or if the Recipient shall materially fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition reveal in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time and date written notice is sent by the Department. 3. If any reports required by this Agreement have not een submitted to the Department or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of an Event of Default, then the thirty (30) calendar days prior written notice to the Recipient and upon the may, at its option, upon failure to timely cure, 4 • exercise any one or more of the following remedies, either concurrently or of the following remedies shall not preclude the Department from pursuing any otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the 1 prior written notice of such termination. The notice shall be effective when class mail, postage prepaid, by registered or certified mail-retum receipt paragraph (8) herein; Agreement; and the pursuit of any one remedies contained herein or is given at least thirty (30) days in the United States mail, first to the address set forth in 2. Commence an appropriate legal or equitable action to enforce performance of this 3. Exercise any corrective or remedial actions, to incl a but not be limited to, requesting additional information from the Recipient to determine the reasons for r the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount o costs incurred for any items determined to be ineligible; 4. Exercise any other rights or remedies, which may be otherwise available under law; (c) The Department may terminate this Agreement for cause uF reasonable under the circumstances. Cause shall include, but not be limited to, m compliance with applicable rules, laws and regulations; failure to perform in a tirr Recipient to permit public access to any document, paper, letter, or other material Chapter 119, Fla. Stat., as amended. (d) Non compliance with any terms of this Agreement and the this Agreement, by the Recipient shall result in termination of Agreement, which goods and equipment to the Department. (e) Suspension or termination constitutes final agency action u amended. Notification of suspension or termination shall include notice of admn frames. such written notice as is of funds; fraud; lack of manner; and refusal by the to disclosure under of Work, Attachment B of require return of the said Chapter 120, Fla. Stat., as five hearing rights and time 5 (f) In addition to any other remedies, the Recipient shall return the Department any granted equipment or supplies which were used for ineligible purposes under the program aws, rules, and regulations governing the use of the funds under the program (g) This Agreement may be terminated by the written mutual consent of the parties. In addition, the Recipient or the Department has the option to unilaterally terminate this Agreement. Upon termination of the Agreement, either by mutual consent or unilateral action of either party, all to the Department by the Recipient. (8) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement delivery, or first class, certified mail, return receipt requested, to the represental set forth below and said notification attached to the original of this Agreement. (b) The Department designates Allen Lovvom , Division of and equipment must be returned be in writing, either by hand identified below at the. address Fire Marshal, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482 Telephone: 352/369-2829 Fax: 352n32-1433 Email: lovvoma@dfs.state.fl.us The Project Officer for this Agreement also is Allen Lovvorn . He can be to this Agreement at the above address, telephone 352/369-2829 or a -mail for technical assistance relating 0 (c) The name and address of the Representative of the Recipier administration of this Agreement is: Name Chief Nick Hopkins Agency Okeechobee County Fire Rescue anc Okeechobee City Fire Department Team Name/Number 643 Telephone: (941) 763-5544 Fax: Email okeefr@okeechobee.com responsible for the (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new repr sentative will be rendered as provided in(8)(a) above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the S to of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision h reof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate another provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on 7 strict performance by the Recipient shall affect or extend or act as a waiver of any Other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seg. , if applicable, which prohibits discriminatio by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted v ndor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category wo for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor lis . (g) With respect to any Recipient which is not a local governme t or state agency, and which receives funds under this Agreement from the federal government, by signing this greement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this pri civil judgment rendered against them for commission of fraud or a criminal offers, attempting to obtain, or performing a public (federal, state or local) transaction or i violation of federal or state antitrust statutes or commission of embezzlement, thef destruction of records, making false statements, or receiving stolen property; declared ineligible, or been convicted of or had a in connection with obtaining, )ntract under public transaction; �, forgery, bribery, falsification or 9 E 3. are not presently indicted or otherwise criminally orlcivilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in and 4. have not within a five-year period preceding this transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this attach an explanation to this Agreement. (10) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and with generally accepted accounting principles, to account for the receipt and this Agreement. (b) These records shall be available at all reasonable times for 9(g)2. of this certification; had one or more public such Recipient shall documents, in accordance of federal resources under review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5: 0 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the re ords, reports or fmancial statements upon request for the purposes of auditing and monitoring the federal re ources awarded under this Agreement. (d) If the Recipient is a State or local government or a non -pro t organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 r more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted ' accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from a Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. 0 In connection with the audit requirements addressed in Paragraph 10(d) bove, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OIVIB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fisca year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have n audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obta' ed from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitu Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10`b Street Jeffersonville, IN 47132 he number of copies required by to the Federal Audit Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revise the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: 10 • Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 (g) Any reports, management letter, or other information requ Department pursuant to this Agreement shall be submitted timely in accordance Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit of the Auditor General, as applicable. to be submitted to the OMB Circular A-133, Florida for -profit organizations), Rules (h) Recipients, when submitting financial reporting packages tolthe Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package (i) The Recipient shall retain sufficient records demonstrating it compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (11) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed up o by the parties. Please note that the equipment provided is not all inclusive and fie recipient is required to provide a Basic Life Support Kit (or Advanced Life Support Kit if a state permitted ALS provider), disposable blankets and a backboard with straps. Additional optional equipment that is desirable to better perform the mission, but is not provided by this Agreement may be found in the document "FASAR Resource Typing Polic 2004" (Florida Association of 11 • Search and Rescue) on their webpage hM://www.ffca.orgifasar index.htm. (12) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as set 4 (b) In the event of any inconsistencies or conflict between the attachments hereto, the language of such attachments shall be controlling, but inconsistency. (c) This Agreement has the following attachments: Exhibit 1: Funding Sources Attachment A: Program Rules and Attachment B: Scope of Work and (13) FUNDING/CONSIDERATION This is a goods, equipment and supplies grant Agreement. The Recipient certain equipment and supplies in order to fulfill the purposes of the (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard fully herein. of this Agreement and the to the extent of such conflict or List epartment will grant to the Ida Strategy. (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification ia accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) All bills for fees or other compensation for services or sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any in accordance with Section 112.061, Fla. Stat. (d) The Department of Financial Services reserves the right to for refusal by the Recipient to allow public access to all documents, papers, let provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in (e) The State of Florida will not intentionally award publicly who knowingly employs unauthorized alien workers, constituting a violation shall be submitted in detail expenses shall be submitted cancel this Agreement or other material subject to the with this Agreement. .ed contracts to any contractor employment provisions 12 contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions conta' ed in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (15) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority W legally execute and bind Recipient to the terms of this Agreement. (16) RECEIVING AND INSPECTION CONTACT. The name of the person responsible to sign for and inspect all gloods and equipment provided under this agreement is Chief Nick Hopkins at the shipping address: 501 N.W. 6th Street Okeechobee, Fl 34972 IN WITNESS WHEREOF, the parties hereto have caused this contract w be executed by their undersigned officials as duly authorized. ReciRient BY: Name: STATE OF FLORIDA DEPARTMENT Of BY: FINANCIAL SERVICES Randall W. Napoli, Director Title: Division of State Fire Marshal Date: Date: FEID # Recipient BY: Name: Title: Date: FEID # 13 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE. If the resources awarded to the recipient represent more than one Feder 1 program, provide the same information shown below for each Federal program and show total Federal resources awarded Federal Program: United States Department of Justice, Office of Justice rograms (Funding Cycle 2002- 04) CFDA: 16.007 Equipment Value: Not to exceed $19,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE. If the resources awarded to the recipient represent more than one Feder 1 program, list applicable compliance requirements for each Federal program in the same manner as sho n below. Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be ed to purchase equipment for use in Domestic Preparedness off the Department of Justice Authorized Equipment List. OF THE FOLLOWING: Chemical, Biological and Radiological Detection Equipment, Personal Protective Equipment, Decontamination Equipment, and Communications Equipment. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.9 (5)(a), Florida Statutes, require that the information about Federal Programs and State Projects inclu ed in Exhibit 1 be provided to the recipient. 14 0 Chapter 252, Florida Statutes 28 C.F.R. Attachment A Program Statutes and Regulations 15 0 Attachment B Scope of Work Type IV Light Technical Rescue Team If applicable to the Recipient, this agreement is entered into as an ad aid agreements and is for the purpose of receiving specialized equipment and Response Asset. The Recipient shall maintain ownership (limited by Paragraph 5 belo satisfactory operational condition, provided to it under this agreement (see Eq expected operating lifetime or shelf life of said goods and equipment. This inc calibration, etc. The Recipient is not responsible for replacing goods or equip normal life expectancy or exceeded its posted shelf life. The Recipient shall r through local, state, or federal reimbursement processes or agreements for, all expended for emergency response, training, or exercises conducted in accorda Emergency Management Plan. The Recipient will be given preference with n that may allow for equipment maintenance, replacement or repair, as well as t parameters to any additional monies have not been defined. Recipient will be available. to current statewide mutual ition as a State of Florida of said goods and equipment, in a ment List below) for the normal ,es routine maintenance, repairs, at that has reached the end of its ace and potentially be reimbursed posable goods and supplies with the Florida Comprehensive ,ct to access to additional funding ling and exercises. At this time the tified if additional monies become The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are for the purposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to as the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient specifically agrees to: 1. Participant agrees to provide Type IV "Light Technical Rescue Team" urba citizens of Florida primarily in their jurisdiction, and region. 2. Response for local emergencies are not subject to reimbursement unless in 2 mutual aid agreement or other emergency response purpose as specified in t within the State. Participant agrees to respond with equipment and personne search and rescue effort in their jurisdiction, regionally, and if requested for this Agreement remains in effect. Prior to requesting a response, the Depart appropriate action to determine that the level or intensity of the incident is s- and resources are necessary to mitigate the outcome of the incident. Any St Team shall be preceded by a "Mission Number" to be issued by the State of Management and/or Division of State Fire Marshal, or other mechanism th, costs associated with said deployment. search and rescue capability to the cordance with the statewide e "Florida Terrorism Strategy" and to incidents requiring an urban . statewide response, for so long as .lent will take prudent and -h that the specialized equipment to request for deployment of the Florida, Division of Emergency provides for the reimbursement of 3. During the term of this agreement, the Recipient shall participate in not less than three (3) regional training events per year, and in not less than one (1) regional exercise or terrorist evc nt simulation per year as directed by the Department. 4. The Recipient shall submit an annual report to the Department, which is due to be received by the Department no later than January 31 for the previous calendar year. This Report will ve ' the participation in the activities as required by Paragraph 3, as well as the condition and/or depletion of the equipment. 5. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment without the prior written consent of the Department. 6. The Recipient is responsible for the transportation of personnel and convey ce of equipment. Six (6) trained team members and the equipment shall be deployable in less than one hour for local or regional response. 16 Florida Urban Search and Rescue Syst m Type IV Required Response Equipment C the 12-May-04 2 8-10 LB Sledge Hammer 2 3-4 LB Sledge Hammer 2 Cold Chisel (1" X 7 7/8") 4 Pinch Point Pry Bar (60") 2 Claw Wrecking Bar (3') 2 Hacksaw (Heavy Duty) 3 Carbide Hacksaw Blade Pkg. 2 Crosscut Handsaw (26') 1 Bolt Cutter (30") 1 Scoop Shovel "D" Handle 1 Axe (Flat Head 1 Axe (Pick Head) 1 Shovel, Long Handle SQ Pt. 1 Shovel, Long Handle RD Pt. 1 Chain Set 1 ea. 1' w/ a grab hook on each end 1 ea.318 5' w/ a grab hook & a slip hook 1 ea.318 10' w/ a grab hook & a slip hook 1 ea. 318 20' w( a grab hook & a slip hook 1 Come Along (3 Ton) 1 jAir Bag Set Paratech St# 889050 & 890300 2 Tape Measure 25') 2 Framing Hammer 24 oz) 2 Tri or Speed Square 2 Carpenter Belts 1 Generator (5 KW) 6 Floodlight (500 WT) 6 Extension Cords 50' 1 Junction Box (4 Outlet w/GFI) 2 Wve Electrical Adapter 1 nf 3 ROPE RESCUE.-EQUIPMENT".k y.Y 1 CMC, USAR Light Level Package # 500601 (6) 5 ft. x 1-in. Tubular Web, Blue (6) 12 ft. x 1-in. Tubular Web, Yellow (6) 15 ft. x 1-in. Tubular Web, Orange (6) 20 ft. x 1-in. ,Tubular Web, Red (2) CMC Rescue Pick -Off Strap (2) CMC ProTech Fire -Rescue Harness, L/XL (1) 150 ft. x 1/2-in. CMC Rescue Lifeline, Orange (1) 150 ft. x 1/2-in. CMC Rescue Lifeline, Red (6) 6 ft. x 8 mm Prusik Cord, Teal (2) Ultra -Pro 4 Edge Protector ' (12) CMC Large Steel Carabiner, Gold (4) CMC Large Steel Carabiner, Gold (for stretcher ham (3) CMC Rescue ProSeries Single Pulley (2) CMC Rescue Aluminum 8 w/Ears, Black (1) CMC Rescue #2 Rope Bag, Orange (1) CMC Rescue #2 Rope Bag, Red (1) CMC ProSeries Stretcher Harness (1) Traverse Titan Rescue Stretcher, Tapered ss) 1 Extrication Stretcher SKED Basic Rescue System 1 Pulley CMC Rescue ProSeries Single Pulley 2 Rope 306 ft. x 1/2-in. CMC Rescue Lifeline, 1 Blue & 1 Yellow 2 Rope Bags CMC Rescue #3 Rope Bag, Blue & Yellow 2 (6) 6 ft. x 8 mm Prusik Cord, Teal 2 Friction Device Figure 8 w/ears CMC Rescue Aluminum 8 w/Ears, Black 4 Camming Devices Gibb's Ascender or combination of each 2 Edge Protection CMC Utra-Pro 4 Edge Protector 1 8mm Prusik Cord, 100' Red 2 Commercial Harness CMC ProTech Fire -Rescue Harness, UXL MONITORING/DETECTION ' , 1 Four gas meter IST AIM 600 1 Electrical Detection Devise Hot Stick 1 Lock-out/Tag-out Kit POWER TOOLS 1 Chain saw Chain Saw Gasoline or Electric w/carbide tip chain & on spare chain and bar oil, Gasoline: 2 112 GL spare fuel container and + oil mixture 1 Saw Circular 101i4- Heavy Duty with case & bla es 1 US&R Nail Gun Kit DeWalt DW51823 1 Sawsall, 48 wood blades & 48 steel blades 2ot3 a REQU RED EQUIPMENT SUPPLIED BY AUTHORITY OCAI 1 BLS Kit Basic Life Support Kit to care for 6 crew members o that meets requirements for BLS supplies and equipment found in Chapter 64E-2, Florida Administrative Code victims as 1 Trauma/ALS Kit (optional) Advanced Life Support Kit to care for 6 crew members victims that meets requirements for ALS supplies an equipment as found in Chapter 64E-2, Florida Administrative Code. or 2 1 1 Blanket (Disposable) Backboard w/2 Straps Cribbing & Wedge Kit, 25% on apparatus 75% i reserve $ 7.44 $ 118.00 $ 165.00 72 ea. 4"x4"x 18" 72 ea. 2"x 4"x 18" (3/2x4x12) 12 pr 4"x4"x 18" wedges 12 pr 2" x 4"x 12" wedges tee Pickets (subject to current cost of 12 rolled steel) or Rebar Steel old $ 120.00 1 Nails 25 lbs. 16p vinyl coated (Green Sinkers) 25 lbs. 8p vinyl coated (Green Sinkers) 25/bs. 16p Duplex 2 IBuilding Marking it $ 81.00 —N—Y I 0111L, L-n,c IwdrKing taow ward application type $ 120.00 4 ea. Lumber Chalk 2 ea. Lumber -Crayon (red) 2 ea. Lumber Crayon (yellow) 4 ea. Lumber Pencil roxim 3 of 3 • EXHIBIT 5 SEPTEMBER 7, 2004 Memorandum To: City Council Members From: Donnie Robertson, Public Works Director Date: August 31, 2004 Subject: Chipper I have received three verbal quotes on purchasing a chic Department. They are as follows: Karl Kuemmerling, Inc. 16 inch Chipper $ 8,3 Smith Brothers 12 inch Chipper $ 15, Silma Sales 16 inch Chipper $ 23, r for the Public Works 01 I am recommending that the City Council approve the purch se of the chipper available by Karl Kuemmerling, Inc. Thank you for your consideration. Notes for the September 7, 2004 City Council Meeting Public Hearing A. Ordinance 869 would make a small scale comp plan ame Future Land Use Map on the parcel located on the corner Ave. from Singly Family to Light Commercial. As such, only one public reading. The applicant would like to con on the site. Jim LaRue and the LPA recommend annrova New Business A. Due to the fact that multiple grants are paying for the industrial park, we must go to contract with each corn granting entity will be paying. Simply put, although l doing over $1.7 million worth of work, EDTF will be that amount. Therefore, we must enter a separate cor states the amount ETDF (through the City) will be pa B. For the same rationale as in item a, we need to enter a cc Construction in the amount of $343,250.25 as that is the (through the City) will be paying toward the new bridge. ndment, changing the of NE 6' St. and NE 2nd the ordinance requires .struct an office building ority of the work in our or for the amount each ;er Construction will be ing for $781,749.75 of t with Ranger, which with Drawdy it the EDTF C. Councilman Chandler would like to discuss the possibili of implementing a program in which an employee would reimburse the City for special education they receive if they do not remain as a City employee for two -years following completion of the educational program. D. Councilman Watford would like to update the City E. Chief Smith, working in conjunction with Chief Hopkin, together to develop a Light Technical Rescue. At the cu encouraging such regional teams and they are offering si necessary equipment. John Cook has reviewed the legal issues. Chief Smith with present the Council with the N F. Donnie Robertson indicates his current chipper is in ne an age that makes it no longer reliable as his primary cl three quotes and asks that the City Council approve the $8,380.00. He has the money in his budget. G. & H. Items G& H would reappoint Denny Davis, Bettye to their respective Pension Boards. Each of their current September 30"'. on Mamstreet. would like to work ent time, the State is port, by providing ocuments and has no efits of the program. of repair and that it is of Der. He has received expensive, aylor and Herb Smith .rms expires on 0 WOO CITY OF OKEECH MEMORANDUM Mayor and City Council SUBJECT: Status Report DATE: September 1, FROM: Bill L. Veach, Below is a brief summary of past and upcoming events. BEE Administrator ADMINISTRATION GRIT — John Cook has recently unsuccessfiffly attempted to initiate contact with AND GENERAL potential re -insurance providers. He has notified GRIT's attorney that there has been SERVICES no response from the re -insurance contact they provided. As part of the terms of the settlement with GRIT, they must provide us with viable re -insurance contact information. Industrial Park — The City received no bids contacted EDA in Atlanta for their suggested had indicated they would not release grant f awarded. It does appear as though they are willing to work with us, as going back out to cause excessive delays in receipt of grant fun( our already tight project completion deadline. the rail -spur RFP. We immediately use of action. You will recall, EDA ding until the rail spur contract was nsitive to our situation and may be i at this time for the rail spur would ;. Additionally, it would compound The early recommendation from EDA was to continue with construction on the remaining components of the project and make a pecial written request for the release of funds. They felt this could be granted. Further, it was suggested that we might want to use the remainder of the grant to complete the street to Douglas Park, and to apply for rail spur funding when we actually have a client that needs rail access (Robert Meyer does not). This suggestion might actually work in the City's favor in terms of limiting direct out of pocket costs to the City (for completion of the street). Of course, any recommendations from EDA will need to be approved by EDTF in Tallahassee and the City Council. We have submitted the proposed revisions to EDTF and await their response. 0 r� ADMINISTRATION Nancy Phillips indicates that we may need to modify some of our contract documents in AND GENERAL order to comply with our grants. This will come before the City Council on September SERVICES 7. These modifications will revise the contracts to reflect what each individual granting CONTINUED entity is paying for each specific activity (bridge street, sewer, etc). Currently, our contract documents only reflect the total amount that will be paid to each specific contractor. The bridge contractor continues to make excellent progress. Earthwork, clearing, lift station, sewer and roadbed preparations continue at an accelerated pace. Robert Meyer has submitted sight plans and received preliminary approval. He too, is moving along at a very rapid pace. We are receiving inquiries related to new bus as yet, no solid proposal has been presented. Downtown Streetscape Project— While certain behind schedule (lighting and landscaping) the pa Labor Day activities. Additionally, we have re receive full funding for this project. This means and 6. However, even though we've received thi it very clear that State budgets and funding may 1 addressing emergency services related to Hurri, Therefore, it may still be premature to assume v locating in the industrial park, but lements ofthe downtown project are cs will be adequately prepared for the -ived notification that the City will ✓e should be able to address parks 5 notification, the Governor has made redirected as needed with regard to me Charley (and possibly Frances). definitely have full project funding. The architect is working closely with Nancy Phillips and has presented preliminary design for storefront modification. Nancy will discussing the design proposals with the participants, staff and the City Council before final approval is requested from the State. Impact Fees — I have notified George Long that presented to the City Council. OUA — The City currently needs an alternate City had no issues with the RFP as the OUA Board. 2 ADMINISTRATION Florida Power and Light — Attorney Cook a AND GENERAL discuss their franchise agreement, which will SERVICES together to develop a new contract, which she CONTINUED next year. Hurricane Related Issues — City Staff was ver Police, Fire, Public Works and administrative st, and following the event, working closely with necessary preparations and adjustments as need submitting reimbursement requests (to FEMA) preparation related to Charley. I met with representatives of FPL to Aire next year. We will be working i come before the City Council early well prepared for Hurricane Charley. (monitored the situation leading up to tate and county officials and making d. We are currently in the process of .or overtime expenditures and storm We will be equally prepared for Hurricane Frances, although this storm could potentially be more problematic for our area. As always, I will keep the City Council informed as this and similar situations develop and change, as I realize you are often the first contact a citizen may make. PUBLIC WORKS Donnie Robertson's staff continues with their ef orts related to modification of the 41h Street boat ramp. In working with DEP, a ba Ile box must be installed before the project can be completed. However, the ramp is open for use. Work continues on this year's street projects. The authorization was given for work to commence on June 6. All resurfacing work has been completed with only the SW 12`h Avenue project remaining to be done. Donnie is working with the contractor to facilitate this remaining portion of our contract. CODE Code Enforcement has recently focused on NE 9,h Street with good results. This area ENFORCEMENT is currently being cleaned up by the property owners. Attorney Cook is preparing the documents related to foreclosure on Brantley property. He is also including a nuisance abatement element to the proceedings, which should enable the City to deal with the ongoing and growing problem while the foreclosure is being pursued. FINANCE The public hearing dates for the budget are sche uled for 5:01 p.m. on September 17 and September 28. 3 ��J/.LP/E��R'I�i.t+l��,i i%'' ��l �f { h. �•%d 3A �P t {"1'',�3��Y �.��^ �J 4. POLICE The Department continues to discuss with the Cit Attorney the difficulties related to DEPARTMENT noise complaints. The Department has also been dealing with the aftermath of Hurricane Charley by dispatching officers to Osceola and Desoto Counties. FIRE Chief Smith anticipates (soon) the loss of two to three personnel as a result of the DEPARTMENT opportunity to work for higher wages atnear-by departments (County and Reservation). He has two replacements trained and is addressing the need for additional trained volunteers/reserves. CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. l . GRIT related re -insurance issues. 2. Draft an enforceable noise ordinance. 3. Hamrick Trust — John is in discussion with the County Attorney on this matter. 4. Research annexation issues. 5. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new develc pment within the CBD. 6. Marvin Brantley's continuing situation. 7. Various LDR issues, including the comet ncement of site -work and sidewalk, curb and guttering issues. 8. Work with Administrator and FPL toward a renewal of the franchise agreement. CITY CLERK Elections — The Clerk reports that qualifying time is now over. There are four candidates for the November 2, 2004 election. Tl ley are Jim Kirk, Eric Myers, Clayton Williams and Lydia Jean Williams. Deputy Clerk Position Filled — Melisa Edding s was hired to fill the Deputy Clerk position. She started August 27. She will be introduced at the next City Council meeting. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr. 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 PUBLIC NOTICE PO # 12650 in the matter of CITY COUNCIL MEETING NOTICE CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-76 3-3 3 72 In the Court, was published in said newspaper in the issues of 09 02 f 2004 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. James A. Hughes, Jr., (Publisher) :i Sworn to and subscribed before me this 2� 2�� day of A. D. 2004 (SEAL) Notary Public bren Conunission #DD31f N. oT Expires: Jun 25, 2 9rFOF e�oe, Bonded Thtu Atlantic Bonding Co., CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tuesday, September 7, 2004, 6:00pm City Hall, 55 SE 3rd Ave., Rm 200, Okeechobee, Florida The public is in- vited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap• peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes ate used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate in this pn - ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 it 214; if you ate hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TYY). BY: JAMES E. KIRK, MAYOR LANE GAMIOTEA, City Clerk PUBLISH 09/0=004 OKEECHOBEE TIMES