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2004-10-19 Regular Meeting
J 1 121 CITY OF OKEECHOBEE - OCTOBER 19, 2004 REGULAR CITY COUNCIL MEETING tr1915�SUMMARY OF COUNCIL ACTION PAGE 10F12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Mayor: October 19, 2004, Regular City Council'Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Fred Klesper, Calvary Chapel Bible Fellowship; 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Sue Christopher with a Five -Year Service Award Mayor Kirk called the October 19, 2004 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Klesper of Calvary Chapel Bible Fellowship, Mayor Kirk led the Pledge of Allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present The City extended a certificate of longevity service and personalized cross pen, presented by Mayor Kirk to Sue Christopher for five years of service. Ms. Christopher began her career with the City of Okeechobee on February 17, 1998 where she was hired by Retired Fire Chief Keith Tomey, as a part time secretary. Later, the City Council approved for the position to become full time, and on October 18, 1999 she was hired as a full time administrative secretary assigned to the Fire Department. This longevity service award is being presented to recognize her dedication to the City for five years as a full time employee. In addition to her duties as secretary to Fire Chief Herb Smith, she also serves as the secretary to the City Code Enforcement Board. Sue is an Okeechobee High School graduate. She obtained her Associate of Arts degree and Associate of Science degree in paralegal from Valencia Community College. 122 AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of November 2004 as "National Epilepsy Awareness Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 5, 2004 Final Budget Hearing and the October 5, 2004 Regular Meeting. OCTOBER 19, 2004 - REGULAR MEETING - PAGE 2 OF 12 COUNCIL ACTION DISCUSSION - VOTE Mayor Kirk Proclaimed November 2004 as Epilepsy Month and read the following in its entirety: "WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and WHEREAS, Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number,150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two-thirds (66.66%) of those afflicted with Epilepsy are drug controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself; and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, THEREFORE, James E. Kirk, by virtue of the authority proclaim the month of November 2004 as `NATIONAL EPILEPSY AWARENESS MONTH'." Clerk Gamiotea will forward the proclamation to the appropriate representative. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 5, 2004 Final Budget Hearing and the October 5, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. 1 1 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 3 OF 12 123 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 5, 2004 Final Budget Hearing and the October 5, 2004 Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2004 Warrant Register: General Fund ............................. $464,795.24 CDBG Block Grant ......................... $227,277.44 Industrial Development Fund ................... $3,449.00 Public Facility Improvement Fund ................ $1,149.00 Law Enforcement Special Fund ............... I ... $562.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vlll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to approve the September 2004 Warrant Register in the amounts: General Fund, four hundred sixty-four thousand, seven hundred ninety-five dollars and twenty-four cents ($464,795.24); CDBG Block Grant Fund, two hundred twenty-seven thousand, two hundred seventy-seven dollars and forty-four cents ($227,277.44); Industrial Development Fund, three thousand, four hundred forty-nine dollars and zero cents ($3,449.00); Public Facility Improvement Fund, one thousand, one hundred forty-nine dollars and zero cents ($1,149.00); Law Enforcement Special Fund, five hundred sixty-two dollars and zero cents ($562.00); seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item "H. Exhibit 8" was added, Central Elementary School is requesting a temporary street closing. Attorney Jerry Bryant requested to address the Council regarding Tommy Raulerson's termination from the City Police Department. Mayor Kirk advised that, unless there were objections, he would grant Attorney Bryant's request, and that the Council would discuss it as the first new business item, due to the number of citizens present. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. 124 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 4 OF 12 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING CONTINUED. A. 1. a) Motion to read by title only proposed Ordinance No. 874 pertaining Council Member Watford moved to read by title only proposed Ordinance No. 874 pertaining to Rezoning Application to Rezoning Application No. 04-008-R, submitted by David and No. 04-008-R, submitted by David and Anita Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from RSF- Anita Nunez, rezoning Lots 7 and 8 of Block 78, City of 1 to CPO; seconded by Council Member Markham. Okeechobee, from RSF-1 to CPO - City Planning Consultant (Exhibit 1). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 874 by title only, Attorney Cook read proposed Ordinance No. 874 by title only: "AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 862. Council Member Markham moved to adopt proposed Ordinance No. 874; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public. I here were City Planning Consultant addressed the Council regarding the Planning Staff Report. The subject property is currently zoned Residential Single Family -One (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to Commercial Professional Office (CPO). The applicant is proposing to build a professional office building. The original request was to rezone the property to Light Commercial, however, after review by Planning Staff and the Planning Board, CPO was recommended. The applicant, Mrs. Nunez, had no objections to the modification. Mrs. Nunez was present and reiterated the CPO designation would meet her needs. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. OCTOBER 19, 2004 - REGULAR MEETING - PAGE 5 OF 12 125 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion continued. (3) The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest in the Neighborhood but other uses in the CLT Zoning District might. A CPO Zoning District would be more compatible than CLT zoning. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CLT Zoning District would adversely affect adjacent properties. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from RSF-1 to CLT; but recommends a CPO Zoning District for this property. The applicant had no objection to amendina the application to CPO. The Planning Board voted unanimously to recommend approval following the change to CPO designation. Clerk Gamiotea advised that all fee's have been paid, and that fifteen courtesy notices were mailed to surrounding property owners. The City has not received any objections to this rezoning. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 126 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 6 OF 12 AGENDA COUNCIL ACTION - DISCUSSION. VOTE VIII. PUBLIC HEARING CONTINUED. B.1. a) Motion to read by title only proposed Ordinance No. 875 enacting Council Member Watford moved to read by title only proposed Ordinance No. 875 enacting noise and vibration noise and vibration regulations - City Attorney (Exhibit 2). regulations; seconded by Council Member Williams. b) Vote on motion to ready by title only. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 875 by title only. Attorney Cook read proposed Ordinance No. 875 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30, ARTICLE 111 CODE OF ORDINANCES; ENACTING NOISE AND VIBRATION STANDARDS TO REGULATE, AND PROHIBIT CERTAIN NOISE AND VIBRATION LEVELS; PROVIDING MEASUREMENT OF SUCH STANDARDS; PROVIDING FOR ENFORCEMENT OF SUCH STANDARDS; PROVIDING FOR EXCEPTIONS TO THE STANDARDS; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 875. Council Member Markham made a motion to adopt proposed Ordinance No. 875; seconded by Council Member Chandler. b) Public comments and discussion. Mayor Kirk asked if there were any public comments. There were none. Clerk Gamiotea was instructed to notify Okeechobee County Recreation Department of this ordinance so they may inform the City of functions or events that may exceed the allowable time frame. Also, to notify CSX Railroad, since this ordinance includes regulations for train horns. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. OCTOBER 19, 2004 - REGULAR MEETING - PAGE 7 OF 12 127 11 AGENDA COUNCIL ACTION DISCUSSION -VOTE CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:20 P.M. IX. NEW BUSINESS. ITEM ADDED TO AGENDA: Attorney Bryant to address Council regarding Attorney Jerry Bryant addressed the Council regarding the termination of his client, John Thomas Raulerson, on Tommy Raulerson's termination from the City Police Department. September 23, 2004, Major for the Okeechobee City Police Department. He distributed to the Council, Attorney Cook and Clerk Gamiotea, copies of various documents, containing but not limited to correspondences, an Investigation Report by Okeechobee Sheriff Office, Captain LaFlam, verbatim transcripts of interviews by Officer's Wendt, Hurst and Lowe. Attorney Bryant explained that he is requesting that the City Council schedule a hearing for Mr. Raulerson in order to give his client the opportunity to present his side of a situation, or to respond to allegations that stemmed from time served in DeSoto County during hurricane disaster relief efforts. He gave a lengthy presentation to the Council explaining in detail when Mr. Raulerson was placed on administrative leave with pay, his termination after the investigation, areas of the investigation summary that are in discrepancy with the actual transcripts, and the requests for hearings to the City. Following the presentation by Attorney Bryant, the Mayor and Council discussed the situation with Attorney Cook and Police Chief Davis. Mr. Raulerson as placed on administrative leave with pay on September 3, 2004, pending an internal investigation, which was turned over to the Sheriffs Office to perform. Once the investigative summary report was forwarded to Chief Davis by Captain LaFlam, the Chief discussed the report with Attorney Cook and Administrator Veach. Attorney Cook advised the Chief of the procedures under Chapter 112 of Florida Statutes. The Chief then prepared a notice of disciplinary action and termination letter to Mr. Raulerson, and called him into his office. The Chief asked Mr. Raulerson whether he was still considering resignation, and he did not choose to do so. The Chief then handed he notice of termination letter to Mr. Raulerson, effective at 5:00 p.m. that same day. Mr. Raulerson was terminated with paid accrued benefits, effective September 23, 2004. Mr. Raulerson, through is attorney, requested a hearing either by grievance committee or under Chapter 112, by letter dated on September 24, 2004, and a hearing was denied. Attorney Cook advised that law enforcement officers are entitled to receive procedural due process of law when terminated, but that due process does not always require a hearing, and that in his opinion, Mr. Raulerson was not entitled to a hearing, due to the fact that during the investigation, Mr. Raulerson by his own testimony stated that he took items, and encouraged other officers to do so, in violation of City and Police Department policies. The second hearing request was before the City Grievance Committee, Attorney Cook also responded to this request, in that, as a police officer, Mr. Raulerson is afforded the Police Officers Bill of Rights, Chapter 112, F.S. and therefore is not entitled to a City Grievance Committee hearing. Attorney Cook advised the City Council that their options are: (1) Let the termination stand as is. (2) Instruct Chief Davis to review the documents distributed tonight, and decide whether or not to offer a hearing or stand with the 128 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 8 OF 12 AGENDA COUNCIL ACTION - DISCUSSION. VOTE IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: Attorney Bryant to address Council regarding decision that has been made. (3) Override Chief Davis' decision and instruct him to hold a hearing based on the Tommy Raulerson's termination from the City Police Department continued. procedures outlined in Chapter 112, F.S. Discussion ensued, Council Member Watford made a motion to instruct the Police Chief to provide a Chapter 112, F S hearing to John Thomas Raulerson; seconded by Markham. Attorney Cook advised that the process would be that Chief Davis would pick a law enforcement officer, Mr. Raulerson picks a law enforcement officer, then those two pick a third officer. The law enforcement officers can be from any law enforcement agency, that are assigned to Okeechobee County. The hearing is closed to the public. A discussion was held as to what the role of the panel would be, what recommendations they could make, and whether the Chief or City Administrator could override any recommendation. Attorney Cook said there is some debate in the law as to the issue, and it is currently not clear, but he would research it. Council Markham asked whether this would put everything back the way it was before September 23? Attorney Cook responded that the decision of the council to require a hearing would seem to mean that the council was overriding the Chiefs decision to terminate Mr. Raulerson, but the decision would be up to Chief Davis. No determination was made by the council that the termination was to be overturned by their action. Council Member Watford clarified to Chief Davis that he wanted him to understand, this decision is not a reflection on his leadership, or his abilities as a Department Head, it is only a difference of opinion of offering the hearing to Mr. Raulerson. 1LSAV KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Motion to adopt proposed Resolution No. 04-11 objecting to the Council Member Williams made a motion to adopt proposed Resolution No. 04-11 objecting to the cable rate increase cable rate increase by Adelphia Cable Company (Exhibit 3) 1 by Adelphia Cable Company; seconded by Council Member Markham. OCTOBER 19, 2004 - REGULAR MEETING - PAGE 9 OF 12 129 1 1 IX. NEW BUSINESS CONTINUED. A. B. AGENDA COUNCIL ACTION - DISCUSSION -VOTE Motion to adopt proposed Resolution No. 04-11 objecting to the cable rate increase by Adelphia Cable Company continued. Council Member Watford, in the temporary absence of Attorney Cook, read proposed Resolution No. 04-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA EXPRESSING ITS STRONG DISPLEASURE WITH THE RECENT NOTIFICATION BYADELPHIA CABLE OF ITS INTENT TO INCREASE CABLE TELEVISION RATES TO LOCAL CUSTOMERS FORALL SERVICE FROM BASIC TO EXPANDED CABLE SERVICE, PROVIDING FOR PUBLIC RELEASE OF THIS RESOLUTION, PROVIDING FOR NOTIFICATION TO ADELPHIA MANAGEMENT OF THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Motion to approve a two-year education reimbursement contract for Council Member Chandler made a motion to approve a two-year education reimbursement contract for City employees; City employees (Exhibit 4). 111 seconded by Council Member Watford. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to authorize a pay request in the amount of twenty thousand Council Member Watford made a motion to authorize a pay request in the amount of twenty thousand dollars dollars ($20,000.00) submitted by Okeechobee Main Street, Inc. ($20,000.00) (Payment schedule as follows: $5,000.00 on October 15, 2004, January 15, 2005, April 15, 2005 and (amount is greater than that allowed for administrative approval) - July 15, 2005), submitted by Okeechobee Main Street, Inc; seconded by Council Member Markham. City Administrator (Exhibit 5). 11 130 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 10 OF 12 AGENDA COUNCIL ACTION -DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. VOTE C. Motion to authorize a pay request in the amount of twenty thousand KIRK -YEA dollars ($20,000.00) submitted by Okeechobee Main Street, Inc. CHANDLER -YEA continued. MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Consider a salary adjustment to the Police Detective Sergeant's Chief Davis explained in Exhibit Six, memorandum, that he will be promoting a 15-year employee from Sergeant to step -pay -scale continued - Chief Davis (Exhibit 6). Detective Sergeant. This position is third in command and traditionally comes with a two thousand dollar ($2,000.00) increase in salary. The current employee is in Sergeant Step Five of the pay plan, promoting him to Detective Sergeant Step One would actually decrease his salary. The fire department had the same issue in June 2004. The Council at that time took the current salary and added the difference in the pay and changed that salary to now be the step one pay for that position. He requested the same action. Following a brief discussion, Council Member Watford moved to promote the employee to Detective Sergeant at the step that would equal or be close to $38,603 55; seconded by Council Member Markham. The purpose being that should another promotion for the same position become available and an employee who does not have the same amount of longevity be promoted, it would create more than a $2000.00 increase. Mayor Kirk will verify with Administrator Veach that this action would not have an adverse effect on the Step Pay Plan. VOTE CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Discuss condemnation of the Dasher property - Attorney Cook. On June 1, 2004 the City Council took action on real property located at 818 Southeast 101" Street, known as the Dasher property, by enacting a Civil judgement proceeding. The structure located on the property received extensive destruction by the Hurricanes. The Code Enforcement Board is recommending further action by the City Council. Council Member Markham moved to file a condemnation law suit against the Dasher Property located at 818 Southeast 106 Street to demolish the structure and clean up the property; seconded by Council Member Williams. 1 n rj� 1 AGENDA IX. NEW BUSINESS CONTINUED. E. Discuss condemnation of the Dasher property continued. F. Motion to approve an Elections Service Agreement between the City and Gwen Chandler, County Supervisor of Elections - City Clerk (Exhibit 7). OCTOBER 19, 2004 - REGULAR MEETING - PAGE 11 OF 12 1 3 1 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve an Elections Service Agreement between the City and Gwen Chandler, County Supervisor of Elections; seconded by Council Member Markham. Following a brief discussion Motion and Second was withdrawn from the floor. Council Member Watford moved to approve an Elections Service Agreement between the City and Gwen Chandler, County Supervisor of Elections, with the amendment of decreasing the service fee to 25 percent in paragraphs e, f, h and k; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA YYILLIAMJ - I CA MOTION CARRIED. G. Consider rescheduling the time of the November 2, 2004 Regular Clerk Gamiotea requested the Council consider changing the time of the November 2, 2004 Council Meeting from 6:00 City Council meeting to 2:00 p.m. due to the election - City Clerk. III p.m. to 2:00 p.m. due to the general election. Council agreed with the time change to 2:00 p.m. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 132 OCTOBER 19, 2004 - REGULAR MEETING - PAGE 12 OF 12 AGENDA COUNCIL ACTION- DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: H. Consider a temporary street closing for Council Member Watford moved to temporarily close Southwest Fifth Avenue from the comer of Southwest Central Elementary School's Annual Fall Festival - City Clerk (Exhibit 8). Sixth Street to the end of Central Elementary School's south property line, from 4:30 p.m. to 8:30 p.m. on October 29, 2004; seconded by Council Member Markham. Anita Nunez represented Central Elementary School and stated that this Fall Festival has grown tremendously and for the safety of the community request that this street area be closed for pedestrian crossing and activities. Public Works Director Robertson, will have the necessary barricades and detour signs available, Chief Police Davis will have 11 the auxiliary personnel to assist with this request. All Emergency Department Heads will be notified of this detour. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. X: ADJOURN MEETING - Mayor. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 8:10 p.m. The next regularly III scheduled meeting is November 2, 2004. rseaav wnc uvu,.c a— — v.........o... a r.�....................._ _rr__' -- by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor I -an Gam otea CMC.i-City.Clerk CITY OF OKEECHOBEE OCTOBER 19, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 I. CALL TO ORDER - Mayor: October 19, 2004 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Fred Klesper, Calvary Chapel Bible Fellowship. 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, PRESENTATIONS AND PROCLAMATIONS. A. Present Sue Christopher with a Five -Year Service Award, B. Proclaim the month of November 2004 as "National Epilepsy Awareness Month." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 5, 2004 Final Budget Hearing and the October 5, 2004 Regular Meeting. OCTOBER 19, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2004 Warrant Register. General Fund $464,795.24 CDBG Block Grant 227,277.44 Industrial Development Fund 3,449.00 Public Facility Improvement Fund 1,149.00 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 874 pertaining to Rezoning Application No. 04-008-R, submitted by David and Anita Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from RSF-1 to CPO - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 874 by title only. 0 2.a) Motion to adopt proposed Ordinance No. 874. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 875 enacting noise and vibration regulations (Exhibit 2). b) Vote on motion to read by title only. OCTOBER 19, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1.c) City Attorney to read proposed Ordinance No. 875 by title only. 2.a) Motion to adopt proposed Ordinance No. 875. b) Public comments and discussion. c) Vote on motion. HEARING. IX. NEW BUSINESS. A. Motion to adopt Resolution No. 04-11 objecting to the cable rate increase by Adelphia Cable Company (Exhibit 3). B. Motion to approve a two-year education re-imbursement contract for City employees - (Exhibit 4). C. Motion to authorize a pay request submitted by Okeechobee Main Street, Inc. (Amount is greater than that allowed for administrative approval) - City Administrator (Exhibit 5). D. Consider a salary adjustment to the Police Detective Sergeant's step -pay scale - Chief Davis (Exhibit 6). E. Discuss condemnation of the Dasher property - Attorney Cook. F. Motion to approve an Elections Service Agreement between the City and Gwen Chandler, County Supervisor of Elections - City Clerk (Exhibit 7). G. Consider rescheduling the time of the November 2, 2004 regular City Council meeting to 2:00 p.m. due to the election - City Clerk. X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such 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. AFFIDAVIT OF PqBLISHER 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 City Council Meeting Notice PO #12658 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 10/14/2004 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. JamesAVHughes, Jr., (Publisher) j Sworn to and subscribed before me / this / �t Z11 day of A.D. 2004 (SEAL) Notary Public Commission #DD318483 �. Expires: Jun 25 2008 Bonded Thal Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will neat in Regular Session on Tuesday, October 19, 2004, 6:00pm City Hall, 55 SE 3rd Ave., Run 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 desims 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 proceedinis, mad for such pus. Pon may need to ensure a ved m co jcord of the pnxeedm s is made, which record in. cludes the testinony and evidence upon which the appeal is to he basal Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Arericans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accontnodation to participate in this pro- ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1.888-447-5620 (TYY). BY: JAMES E. KIRK, MAYOR LANE GAMIOTEA, Clty Clerk PUBLISH 10/14PIM OKEECHOBEE TIMES 411i,Z 6, E' ArrrnIr r� • Tape 1 side A CITY OF OKEECHOBEE - October 19, 2004 - REGULAR CITY HANDWRITTEN MINUTES MEETING - Page -1- I. CALL TO ORDER - Mayor: it c o e II. OPENING CEREMONIES: Invocation given by Pastor Fred Klesper, Calvary Chapel Bible Fellowship; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. D'QQQn Absent Mayor James E. Kirk X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X City Attorney John R. Cook X City Administrator Bill L. Veach X Clerk Lane Gamiotea X Deputy Clerk Melisa Eddings X IV. PRESENTATIONS AND PROCLAMATIONS. A. Present Sue Christopher with a Five -Year Service Award. Sue C iristopher began her career withthe City of Okeechobee on February 17, 1998 where she was hired by Retired Fire Chief Keith Tomey, as a part time secretary. Later, the City Council approved for the position to become full time, and on October 18, 1999 Sue was hired as a full time administrati in secretary assigned to the Fire Department. This longevity service award is being precented to for 5 years as a full time employee. In addition to her duties as se also serves as the secretary to the City Code Enforcement board graduate. She obrtained her AA degre and AS degree in paraleg The City would like to extend this certificate of longevity sen engraved on it. B. Proclaim the month of November 2004 as "National Epilepsy "WHEREAS, Epilepsy, also known as Seizure Disorder, has afflict species and has been recognized since the earliest medical writirn B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs the gods and sacred or that it was a curse from the gods that peol prophetic powers. Hippocrates believed that Epilepsy was a brain is a sudden, brief attack of altered consciousness, motor activity 4 that certain brain cells (neurons) are discharging an excessive a WHEREAS, Epilepsy can be caused by injury to the brain, lack of ox and brain hemorrhage. In sixty percent of the cases, the cause is i can affect anyone, at any age and at any time; and WHEREAS, mi afflicted with sometype of Epilepsy. Of this number,150,000 are Fic the administration of anticonvulsant drugs, two-thirds (66.66%) of ti controlled; and WHEREAS, lack of education about this disorder superstitions and prejudices; and WHEREAS, the stigma associa worse than the disorder itself; and WHEREAS, people who conscientious workers in job performance, productivity, safety WHEREAS, studies carried out in the UNITED STATES over the (; of all disabilities, Epilepsy poses the greatest barrier to emp estimated to fall between twenty and twenty-five percent; and A ecognize her dedication to the City retary to Fire Chief Herb Smith, she Sue is an Okeechobee High School ,I from Valencia Community college. ce and cross pen with your name Month." ;d mankind since the dawn of our is; and WHEREAS, as long as 400 that Epilepsy was a visitation from le afflicted with this disorder held lisorder; and WHEREAS, a seizure r sensory phenomena. it is a sign mount of electrical impulses; and Igen at birth, brain tumor, infection nknown; and WHEREAS, Epilepsy ,re than two million Americans are ida residents; and WHEREAS, with ose afflicted with Epilepsy are drug has contributed to age old myths, ed with this disorder is sometimes lave Epilepsy make reliable and cooperation and attendance; and ast thirty years have indicated that Dyment with unemployment rates IEREAS, Epilepsy should not be a • barrier to success. In addition to the normal requirements for suci needs a supportive environment and employers who are willing to gil productive citizens. NOW, THEREFORE, I, James E. Kirk, by virtue Mayor of the City of Okeechobee, do hereby proclaim the month a EPILEPSY AWARENESS MONTH'." c cr,Y- ,�cu p�� m°`x V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading ani Action for the October 5, 2004 Final Budget Hearing and the C seconded by Council Member Williams. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VI. A. Page -2- ss, a person who has Epilepsy them an opportunity to become f the authority vested in me as November 2004 as `NATIONAL approve the Summary of Council ;tober 5, 2004 Regular Meeting; WARRANT REGISTER - City Administrator. Council Member Watford moved to approve the September 2004 fiarrant Register in the amounts, General Fund four hundred sixty-four thousand, seven hundred ninety-five dollars and twenty-four cents ($464,795.24); CDBG Block Grant Fund two hundred twenty-seven thousand, two hundred seventy-seven dollars and forty-four cents ($227,277.44); Industrial Development Fund three thousand, four hundred forty-nine dollars ($3,449.00); Public Facility mprovement Fund one thousand, one forty-nine dollars ($1,149.00); Law Enforcement Special Fund five hundred sixty-two dollars ($562.00); seconded by Council Member Markham. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. New business item H temporary street closing, exhibit 8. Attorney Bryant to address the council change to first item under new business. Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE A.1. a) Council Member Watford moved to read by title only proposed Rezoning Application No. 04-008-R, submitted by David and Anita Block 78, City of Okeechobee, from RSF-1 to CPO - City Planning C 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. 874 by title only: "AN ADOPTION AT 6:10 P.M. )rdinance No. 874 pertaining to Junez, rezoning Lots 7 and 8 of onsultant (Exhibit 1); seconded OF THE CITY OF • Page -3- OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULA LYDESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 874;seconded by Council Member Williams. b) Public comments and discussion. Jim LaRue, City Planning Consultant. Planning Staff Report Summary: The subject property is currently zoned Residential Single Family -One (RSF-1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to Light Commercial with no Amendment of the Future Land Use Map required if the Commercial category cha ge is approved. The applicant is proposing to build a professional office building. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. An office use will rot have an adverse effect on the public interest in the neighborhood but other uses in the CLT Zoning Dist ict might. A CPO Zoning District would be more compatible than CLT zoning. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The zoning as requested is not as appropriate as CPO for the loca ion proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or c etrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvernent or development of adjacent properties. Some uses, however, within the CLT Zoning District would adversely affect adjacent properties. (6) The proposed use can be suitably buffered from surrounding uses, s as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed zoning and/or u 3e will not create a density pattern that would overburden public facilities such as schools, streets, and utility sE rvices. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwis affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrict ons. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The propo ed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The pplicant's request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommen s denial of the request to allow rezoning from Residential Multi -Family (RMF) to Light Commercial (CLT); but recommends a CPO Zoning District for this property. The applicant had no objection to amending the application to CPO. The Planning Board voted unanimously to recommend approval following the change to CPO designation. Anita Nunez, applicant/owner, planning to build professional office. DW - concerned that you'd asked for one zoning, and now they are approving another. Satisfied with CPO and that will meet your needs. Yes. c) Vote on motion. () V _ !� VOTE YEA NAY ABSTAIN ABSENT KIRK X tb ou CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only proposed Ordin vibration regulations (Exhibit 2); seconded by Council Member Wil No. 875 enacting noise and • b) Vote on motion to ready by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 875 by title only as f( CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTE ORDINANCES; ENACTING NOISE AND VIBRATION STAI PROHIBIT CERTAIN NO/SEAND VIBRATION LEVELS; PROM STANDARDS; PROVIDING FOR ENFORCEMENT OF SUCH EXCEPTIONS TO THE STANDARDS, PROVIDING FOR R! CONFLICT HEREWITH; PROVIDING FOR SEVERABILITy, P DATE." 2. a) Council Member Markham made a motion to adopt proposed Council Member Chandler. b) Public comments and discussion. None. Council: Cook -adopt w/ amendment on page 4, p 5 exemptions, simile to be added. JK or they could notify us and we can approve them ins notify the city. DW - to police chief, some discussion of enforcement not to broad, dd think Help with problem we've had with commercial businesses. DW - includes the train noises, need to notify CSX. 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 AT 6:20 P.M. IX. NEW BUSINESS. Page -4- Ilows: "AN ORDINANCE OF THE Z 30, ARTICLE Ill CODE OF DARDS TO REGULATE, AND )ING MEASUREMENT OF SUCH )'TANDARDS; PROVIDING FOR PEALING OF PROVISIONS /N :OV/DING FOR AN EFFECTIVE nance No. 875; seconded by event approved by the county ddually. Clerk notified events can work off what he has here. ITEM ADDED TO THE AGENDA BRYANT - address the procedure that was involved in this and the substance of allegations to see if council can assist us with getting a proper and fair vote on these procedures with & e police dept. 2nd in command under chief Davis. Several officers dispatched to assist Arcadia after hurricane charley. Issue, after officers back, heard rumors, officers took issue to administrator veach, broke chain of command, chief assigned investigation to SO, LaFlam. LaFlam's investigations, request forinformation, synapsis, review, gave sworn statement, short time after that, TR into DD office, given opportun ty to resign, asked to speak with attorney, was then terminated that day. City policies are not clear, sent letter to chief Davis requesting review, and then grievance committee, responded that he's not entitled to grievance, procedures was under FS 112, not here to argue case law, what we want is and what we want the council to do is to treat your employee fairly, instruct or do whatever you need to do to give TR a fair hearing. FS 112 deals specifically with law enforcement officers. 12.1533, every law enforcement agency shall put in anywhere where the city has adopted such a procedures, there are policies in without just cause, cannot terminate an employee without good reason, con was used. Major R was accused of taking gifts and I believe, tab 8 in pack( dispute that this was a difficult decision of chief Davis. Quoted policy listed in who gave statements also stated that they received the same type of items th place ........ I'm unable to find indbook, cannot be discharged �rned about the procedure that letter of termination. We don't OP's of police dept. All officers TR received. They were given Page -5- by man in charge of distribution center, hygiene items, water, bug spry and TR received a tarp, others received the items of personal hygiene, point out none of the other officers were reprimanded for receiving the gifts, if you were to go to the police dept you would be hard pressed to find a file listing officers who note what gifts received. When we got copies of actual interviews, conclusions of nvestigation are not supported by testimony on the tapes. Okee was listed as also as ..... tarp on father in la 's office, two officers who were not in Arcadia, but observed the blue tarp on the roof, how did they know to go to bill hendry's house to find the tarp, one of the officers testimony was that the tarp was for the hendry house, man who ran distribution center, nothing improper for TR to receive the tarp. 2 , 5 gal of water, officer lowe said that those water bottles never ended up in travel trailer, TR said he put them in the travel trailer to take a shower with, what was wrong with that. It is clear Davis did not listen to the tapes but the synopsis, had he done that he would have come to a different conclusion. Opportunity to address allegations against him, point out discrepancies, TR violated no city policies, not given opportunity, like to circumvent the circuit court to do this, believe he will be vindicated, city does not have a history of being to their employees, president of allowing an officer the grievance procedure, good evaluations, we believe you can do something to correct this, and be glad to answer any questions. DW - have a lot of comments I could make, wont do that at this time, if I understand what your requesting, not asking city council to reverse dept head decision? Don't believe we have justification to do that, asking for grievance committee. Instruct city staff to allow TR hearing before grievance committee, present major raulerson's side of the story. Yes, he has never been allowed the opportunity. We were not allowed to say anything, only to answer questions to LaFlam. JK - as our attorney, don't recall female officer having grievance, recall of police officers bill of rights was adopted, courts clearly stated rights are availability of a hearing, doesn't require a hearing. Don't intend this meetin pros and cons, more to incidence than what happened that's stated, very r to discipline clear is due process does not require hearing, circuit court t, procedures, city's got 3 options tonight, thank and do nothing, request chief r that, or order the chief to do hearing. Hearing by state, chief selects, officer, Any officer in department. Bryant - Requesting a hearing, grievance committee to hear this, establish differentiate types of employees. Tab 2 meeting of Sept 9, given a memo p are suppose to advise the officer, all along from sept. 9 expected to be gi didn't have that right. Between Sept 9 - 23 that right was no longer there. TI fair hearing. Judge hearing talks about municipal court, officers testified, m, can't see in his record where he warranted a discipline procedure, cha procedures, you cannot rely on chap 112, its not a procedure. LM - formal hearing, did he request a formal hearing at the meeting, or brou not given the opportunity, handed termination letter once he said he w representative Hagan was also sent a letter, then Cook responded to both JK - where did this memo come from? Cook to Chief e in early 80's, don't know when under that FS. FS does provide into a hearing where we discuss cent court cases, chief is entitled say we don't think city followed ,consider on hearing and live with 'aulerson picks, those 2 picks 3' �d by personnel manuel, doesn't ge 2 p 10, talks about what they en a hearing. Then later told he ink they should be given right to yor found guilty, lawyer showed, 112 says you have to adopt ht up after release? JB - he was ited to . Grievance committee DW - spoke with DD, City Clerk, Administrator, Hendry, Cook about this matter. Asked about grievance committee, choice to ask chief, to reconsider not to give him the hearing? Chief can make the decision of a hearing. During the process, Cook advised that hearing was not necessary. JK - saying if I listen to tapes I'd get a different view than synopsisJB - yes All through the synopsis, tooth brushes, all through, only one who said it was LaFlam, not the witnesses. Other question affidavit, did he prepare the document? No sir I did. He volunteered to me that he remembered major raulerson and that he'd asked for a tarp for a relative. The man also reviewed it with an attorney. CW - counsel and I ride bikes in morning, 6 am, we have not discussed this was coming up. At this time, formal written request of the chief, cook respor hearing, under his interpretation of the law. Sept 24 request was sent to the because we are under a deadline with filing an appeal, Monday would have it, if not let me know, don't want to do any necessary. ise, this is new to me, knew it ed and denied. No entitled to ly. Also ask consider request, draft it, any action please do • • DW - general question. Sometimes kind of unfortunate, have to cond questions, people more receptive, but it's the system and the best we c comments, but not want to put you on the spot, chief in delicate position, Tape 2 side a. Chief - some disagreements with what Bryant said, acted on attorney's a Page -6- uct meetings in the public, asking ot. If chief has any suggestions or that's unfortunate. and will defer to him. Watford bothered me every since its hit the newspaper, don't think I interfered with any investigation, waited, until after, then discussed with City Clerk ask Personnel Administrator and the Administrator. Try not to interfere with day to day operations of any department, certainly with a decision against dept head, position of fairness, transcend position of dept head. City always treated employees fairly, whether I agree with or like that employee. Don't know that we did that in this case and that's what bothered me. If I thought otherwise, like attorney said we'd say thank you and see you later. Seen copy of invest gation, have concerns. In my heart feel something should be done. First time heard we could offer an hearing. If were saying not grievance committee, but other hearing, feel we need to afford that opportunity, in ou conscience say that we gave that employee that chance, one thing that really bothers me was the following of the chain of command. But this isn't this place to do that. Really feel he's entitled to a hearing. LM - I kind of agree with Watford, did submit letter in writing requesting he 3ring, I haven't talked to anybody, didn't know it was coming up here tonight, you're the chief, handle the Jept, and he got his advice from attorney. Seems like if he requested it he'd entitled to it. It may not have any bearing to outcome of the whole thing, but it gives him a chance, the city was notified properly. JC - my participation is to law, case law, advice that's legally defensible, re uires procedural due process, my advice, council feels in fairness to give, then recommend it, have chief look a this, decide by Friday and submit to Bryant, or override the dept head. LM - not here to override the dept heads, not going to sit up here and e�rery time there is a problem and override a dept head. DW - since were talking about hearing, sept 9 memo, and be offered to answ rand refute, leads me to believe that we lead this employee to believe that he would have an opportunity, JC -that outlines an option under the statute. Sometimes you like it and som times you don't, courts are there to interpret. CW - 9, 10, 11,12 police SOP' not city handbook, they have there own, you list of what that particular FS says. JK - whatever we decide its going to be wrong, don't want to get to point when of policy, go back to old procedure as to who take what dept, I don't want t someone who has served this city. Hand back to chief, now to Friday to look then set that in motion and live with whatever happens from hearing. Ma community and we know all these people. Don't think we can start overriding review board that is provided in FS. Know this has tormented him anyway, kr talked with him, know what a struggle this has been with him, decision t something is wrong we'll be making the decision, (Bryant away from micropho not in favor of ordering the chief to hold a hearing, we're all in the same boat involved in this. We may need to look at this FS. DW - clear to begin with, that's not our goal, purpose, this very unusual situs officer done a minor thing, handled that with letter of reprimand, much more se serious for the city and we all know what the next step is, we all have been implications here, under normal, or not implications would agree give it bacl implications for the city as a whole and implications for the dept, put him in really put him in the hot seat then, old saying the buck stops here, if anyone is with the council and not dept head, with all implications involved, don't think wl dept head, but instructing him to do something that needs to be done. Know cE follow those directions, he's already made decision, think he would appreciat that he's not capable of making that decision. up this, yes, that's a laundry we override dept heads outside do that, balance with rights of t this, he feels warrant a hearing (es it bad that we are a small dept head decisions. 3 member Dw it wasn't easy, position have be with him, if not next time ie) to do nothing no happy with, we're all friends with everyone Cion, very serious, had a police 'ious, moral issues for the dept, in lawsuits recently, has many to the chief, in this case, has n even more delicate position, mad at anyone, they be made are necessarily going against liber of employee chief is, he'd us making that decision, not • Chief - I'll do whatever the council instructs me to do. Page -7- CW - kind of being close to the same position as chief, make these toug decisions, effects both sides, rely on attorney, bothers me some of the items the things where given to the chief from attorney. Think the man is entitled to it. DW - motion to instruct police chief to provide chapter 112 hearing to Markham. X - discussion open to the public, Bryant, hearing is closed to the public. Chief's decision to terminate is set aside. X - that's a tough thing to do. DW - bound to follow what they say, JC - legal debate if he's required to follow, at least we'd have NC - 3 officers in this county NC - listening, worse than hurricane, hate people handling situation, puttii hearing, Chief Davis should have final word, he goes by what attorney says one way or the other and not our decision. X - what makes me some comfort zone, still Chief's decision. Can't negligence, LM - put back before, administrative leave? Back all up to 23ro? JC - up to the chief Bryant, within the county the law officers could be on the committee. DW - hope Chief understands this, no reflection on your leadership, abilities, handled. VOTE all yea. A. Council Member Williams made a motion to adopt proposed Res cable rate increase by Adelphia Cable Company (Exhibit 3); secon Council Member Watford read Resolution No. 04-11 by title only: "A RI OKEECHOBEE, FLORIDA EXPRESSING ITS STRONG DISPLEA NOTIFICATION BYADELPHIA CABLE OF ITS INTENT TO INCREASE C LOCAL CUSTOMERS FOR ALL SERVICE FROM BASIC TO EXPANDED FOR PUBLIC RELEASE OF THIS RESOLUTION, PROVIDING FOR I MANAGEMENT OF THIS RESOLUTION; PROVIDING AN EFFECTIVE D) VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Council Member Chandler made a motion to approve a two-year ed for City employees (Exhibit 4); seconded by Council Member Watt DW - two agreements one for volunteers and auxiliary members, explained qui to this, biggest impact from volunteers, lose most of money, uses as training 400 hours, get them to a point to legally use them, cover vacation, sick, see VOTE YEA NAY ABSTAIN ABSENT KIRK tommy raulerson; seconded by g Davis on the spot, TR deserves people make mistakes, put to bed run the dept, other than gross ce of opinion of how it was on No. 04-11 objecting to the by Council Member Markham. ITION OF THE CITY OF WITH THE RECENT TELEVISION RATES TO SERVICE; PROVIDING CATION TO ADELPHIA iTE." n re-imbursement contract adaquate, subject volunteers )und. FF 1, not fully, but near lermint to getting volunteers. 11 • CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Council Member Watford made a motion to authorize a pay reque: dollars ($20,000.00) submitted by Okeechobee Main Street, Inc. (; for administrative approval) - City Administrator (Exhibit 5); secon Payment schedule as follows: $5,000.00 on October 15, 2004, January 1 2005. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Consider a salary adjustment to the Police Detective Sergeant's 6). Davis, same issue as fire dept went through, LM - because 15 years in, next person you promote, when changed, changed forever, put Put him whatever step would be giving him the $2000 increase. MAE Markham. Mayor to vertify with Administrator. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. E. Discuss condemnation of the Dasher property - Attorney Cook. Code board meeting, council approved, opposed foreclosure and agreed to 1 property taxes for 5 years, not paying property taxes, $28,0000, not going condem property, certain matters, public nuisance, code board entered it nuisance, spend money to do something, city get hold of property recommendation. File comnedation lawsuite against dasher property, LM/CW. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. Page -8- in the amount of twenty thousand nount is greater than that allowed :d by Council Member Markham. 2005, April 15, 2005 and July 15, le - Chief Davis (Exhibit lawsuit, title search hadn't paid get a dime on that, chap 166, record property was a public nd demolish it, code board • E F. Council Member Watford made a motion to approve an Elections and Gwen Chandler, County Supervisor of Elections - City Cle Member Markham. Motion and second withdrawn. Watford approve with corrections to 25% from 50%, Markham, sea VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. G. Consider rescheduling the time of the November 2, 2004 Regular due to the election - City Clerk. Council agreed. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. H. Council Member Watford moved to temporarily close SW 5w Member Markham. Anita, hayride, parking in field, trying to make it safer, Donnie lit Detour sign, auxiliary person there or a paid person if (have to. Vote all yea. X. MAYOR KIRK ADJOURNED THE MEETING at 8:10 p.m. Page -9- �rvice Agreement between the City (Exhibit 7); seconded by Council ity Council meeting to 2:00 p.m. to; seconded by Council i Page -1- Tape 1 side A CITY OF OKEECHOBEE - October 19, 2004 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, October 19, 2004, City Council Regular Meetinq 6:00 II. OPENING CEREMONIES: Invocation given by Pastor Fred KlesperCalvary Chapel Bible Fellowship; 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 Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Absent X X X X X X X X X IV. PRESENTATIONS AND PROCLAMATIONS. A. Present Sue Christopher with a Five -Year Service Award. OU l -bnc..e. dov=n SQL. , 4A-, B. Proclaim the month of ovember 2004 as "National Epilepsy Awa "WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted species and has been recognized since the earliest medical writings; B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs thl the gods and sacred or that it was a curse from the gods that people prophetic powers. Hippocrates believed that Epilepsy was a brain disc is a sudden, brief attack of altered consciousness, motor activity or si that certain brain cells (neurons) are discharging an excessive amoi WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxyge and brain hemorrhage. In sixty percent of the cases, the cause is unkr can affect anyone, at any age and at any time; and WHEREAS, more t afflictedwith sometype of Epilepsy. Of this number,150,000 are Florida the administration of anticonvulsant drugs, two-thirds (66.66%) of those controlled; and WHEREAS, lack of education about this disorder has superstitions and prejudices; and WHEREAS, the stigma associated v worse than the disorder itself; and WHEREAS, people who have conscientious workers in job performance, productivity, safety, coe WHEREAS, studies carried out in the UNITED STATES over the past t of all disabilities, Epilepsy poses the greatest barrier to employmi estimated to fall between twenty and twenty-five percent; and WHERI barrier to success. In addition to the normal requirements for succei needs a supportive environment and employers who are willing to give i productive citizens. NOW, THEREFORE, I, James E. Kirk, by virtue of Mayor of the City of Okeechobee, do hereby proclaim the month of h EPILEPSY AWARENESS MONTH'." '�cUe reness Month," lgatlo l �4 rk re u mankind since the dawn of our and WHEREAS, as long as 400 it Epilepsywas avisitation from ifFlicted with this disorder held >rder; and WHEREAS, a seizure .nsory phenomena. It is a sign int of electrical impulses; and n at birth, brain tumor, infection sown; and WHEREAS, Epilepsy han two million Americans are residents; and WHEREAS, with afflicted with Epilepsy are drug contributed to age old myths, dth this disorder is sometimes Epilepsy make reliable and peration and attendance; and hirty years have indicated that snt with unemployment rates .AS, Epilepsy should not be a ;s, a person who has Epilepsy :hem an opportunity to become the authority vested in me as lovember 2004 as 'NATIONAL • Page -2- V. MINUTES - City Clerk. A. Council Member C.kmoved to dispense with the reading and approve the Summary of Council Action for the October 5, 2004 Final Budge Hearing and the October 5, 2004 Regular Meeting; seconded by Council Member c VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. VI. WARRANT REGISTER - City Administrator. A. Council Member t,1 moved to approve the September 2004 Warrant Register in the amounts, General Fund four hundred sixty-four thousand, seven hundred ninety-five dollars and twenty-four cents ($464,795.24); CDBG Block Grant Fund two hundred twenty-seven thousand, two hundred seventy-seven dollars and forty-fourcents ($227,277.44); Industrial Development Fund three thousand, four hundred forty-nine dollars ($3,449.00); Public Facility Improvement Fund one thousand, one forty-nine dollars ($1,149.00); Law Enforcement Special Fund five hundred sixty-two dollars ($562.00); seconded by Council Member M r VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdr wal of items on toda 's agenda. VIII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (r :1 P.M. A.1. a) Council Member ! 0 CK4—kt-,� _�_ moved to read by title only proposed Ordinance No. 874 pertaining to Rezoning Application No. 04-008-R, submitted by David and Anita Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from RSF-1 to CPO City Planning Consultant (Exhibit 1); seconded by Council Member ti b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK i CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. • Page -3- C) City Attorney to read proposed Ordinance No. 874 by title only: " NORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZON/ G MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULA LYDESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF4) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, A ENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 874;seconded by Council Member IA) I ,(Cr iv _5 b) Public comments and discussion. Planning Staff Report Summary: The subject property is currently zoned Residential Single Family -One (RSF- 1) and a Future Land Use category change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to Light Commercial with no Amendment of the Future Land Use Map required if the Commercial category change is approved. The applicant i proposing to build a professional office building. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations, (3) The proposed use will not have an adverse effect on the public interest. An office use will iot have an adverse effect on the public interest in the neighborhood but other uses in the CLT Zoning Dis rict might. A CPO Zoning District would be more compatible than CLT zoning. (4) The use is appropr ate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or cetrimental to urbanizing land use patterns. The zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The proposed zoni ig, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CLT Zoning District would adversely affect adjacent properties. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recomme ds denial of the request to allow rezoning from Residential Multi -Family (RMF) to Light Commercial (CLT) but recommends a CPO Zoning District for this property. The applicant had no objection to amending the pplication to CPO. The Planning Board voted unanimously to recommend approval following the change to CPO designation, V Ji �� ` ,C I� 7� 6h t� su ✓C o- C ti ti L �1 C O 4 au- - C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. • Page -4- B.1. a) Council Member moved to read by title only proposed Ordinance No. 875 enacting noise and vibration regul tions (Exhibit 2); seconded by Council Member b) Vote on motion to ready by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 875 by title only as fc lows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPT 30, ARTICLE III CODE OF ORDINANCES; ENACTING NOISE AND VIBRATION STANDARDS TO REGULATE, AND PROHIBIT CERTAIN NOISEAND VIBRATION LEVELS; PROW ING MEASUREMENT OF SUCH STANDARDS, PROVIDING FOR ENFORCEMENT OF SUCH STANDARDS; PROVIDING FOR EXCEPTIONS TO THE STANDARDS; PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member rt made a motion to adopt proposed Ordinance No. 875; seconded by Council Member C a .A,4 c b) Public comments and discussion. 1AR� � Liy t l A e- It'`�J� Gil) 41L Z,� f.L c L- £_. L-L 2 fjj ��I r I � ' C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT � Z P.M. k4 C/ 0 (c) 0-t 4�t kj'A-'� U X-C "10 LJ 0 C ) [, e- k�J G�1{ - --C-2 tcx Lc X /-A j- Ct'L' ILI, VL - 5�t �j,zc (A44 XJ ou'ttj IDA C-f—I 1p N Lk�_' Stitt WAY WA-614-11 Jo OW 'IJ COO 1�2 sn c 7 T, ',j, f _e 40 U-T A-P picl t I'LL 7 0 IX. NEW BUSINESS. A. Council Member A. _made a motion to adopt objecting to the cab a rate increase by Adelphia Cable Company Member ��', City Attorney read Resolution No. 04-11 by title only: "A RESOLUTION 0 FLORIDA EXPRESSINGITS STRONG DISPLEASURE WITH THERECEA CABLE OF ITS INTENT TO INCREASE CABLE TELEVISION RATES TO SERVICE FROMBASIC TO EXPANDED CABLE SERVICE, PROVIDING RESOLUTION; PROVIDING FOR NOTIFICATION TOADELPHIA MANAC PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. B. Council Member (�-LLJLCe.1 made a motion to imbursement contract for City employees (Exhibit4); seconded by Lo 1 t 1 VOTE YEA NAY ABSTABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. Page .5. proposed Resolution No.04-11 ;Exhibit 3); seconded by Council F THE CITY OF OKEECHOBEE, T NOTIFICATION BYADELPHIA LOCAL CUSTOMERS FORALL -OR PUBLIC RELEASE OF THIS EMENT OF THIS RESOLUTION; prove a two-year education re- ouncil Member i t� I� t Page -6- C. Council Member made a motion to authorize a pay request in the amount of twenty thousand dollars ($2 ,000.00) submitted by Okeechobee Main Street, Inc. (amount is greater than that allowed for administrative approval) - City Administrator Exhibit 5); seconded by Council Member 0�4J -k-_ ���--- Payment schedule as follows: $5,000.00 on October 15, 2004, January 15 2005. Liu) VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS 1✓ MOTION: CARRIED. D. Consider a salary adjustment to the Police Detective Sergeant's 6). Li' rJ J `� �.L t��J z�. Jczls✓ is , ... y_4,,il, 41 , April 15, 2005 and July 15, - Chief Davis (Exhibit t1/ 1�-, t.0 ;1/c, Page -7. E-) Discuss condemnation of the Dasher property -, Attorney Cook. • Page -8- F.) Council Member t " made a motion to approve an Elections Service Agreement between the City and Gweri Chandler, County Supervisor of Elections - City Clerk (Exhibit 7); seconded by Council Member n 1-0-1 _ i + i fv 1 �p .�- h f VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. G.) Consider rescheduling the time of the November 2, 2004 Regula City Council meeting to 2:00 p.m. due to the election - City Clerk. f VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING at q, I C .m. i fv 1 �p .�- h f VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. G.) Consider rescheduling the time of the November 2, 2004 Regula City Council meeting to 2:00 p.m. due to the election - City Clerk. f VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING at q, I C .m. 0 af (tL qcc�", , 1 i _ _ _ tic F Office of the Mayor #111�REriS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized SuK, " ;': the earliest medical writings; and rHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this di 3order held prophetic powers. Hippocrates � believed that Epilepsy was a brain disorder; and - HEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain; cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty l; percent of the cases, the cause is unknown; and WHEREAS, Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two-thirds (66.66%) of those afflicted with Epilepsy are drug controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices; and WHEREAS the stig ma associated with this disorder is sometimes worse than the disorder its If, and 1 s WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and ' WHEREAS, Epilepsy should not he a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. r .3 NOW, THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of e City of Okeechobee, do hereby proclaim the month of November 2004 as "NATIONAL EPILEPSYA RARENESS MONTH." is 3„ 9/i urfismf «riard� .� iFaoc iiareruefo .teS Aagd D lad t0 he r Ja . Ki k, Maybr`Y ne Gamio ea, Cih'Fkr . Date: etami l J� .0 - z5r 000 �.�_: .0 1 r� • COMMITTEE FOR EPILEPSY AW REN 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063- 189 Jerry Pizza, Chairman (954) 984-8319 I G: October, 2004 Dear ��� ��� The month of November is "NATIONAL EPILEPSY AWAI Committee for Epilepsy Awareness would greatly appreciate bring about an awareness of this disorder. Ccft.L,� C&grmla ESS Bill Naulty, Secretary (56) 798-2798 Due to lack of correct information and an abundance of misinfor with Epilepsy have been discriminated against in all walks of life. .SS MONTH". The assistance in helping It is our goal to remove the ancient myths, superstitions and prej di this disorder and educate people as to what Epilepsy is and what I Enclosed, please find a copy of our resolution. If your munici awareness campaign, please send a copy of the resolution or pi Jerry Pizza — Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people Sincerely, Jerry Pizza Chairman P.S. Thanks to your support, last year 366 communities partici campaign. people afflicted associated with Isy is not, participates in our cation to: ed with Epilepsy. in our awareness E COMMITTEE FOR EPILEPSY AW Jerry Pizza — Chairman (954) 984-8319 William (561) 7 ESS Naulty - Secretary 2798 RESOLUTION DECLARING NOVEMBER2004 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has afflted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consci usness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the c ses, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any ti WHEREAS, more than two million Americans are afflicted with Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, twc those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contribute( superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometime; disorder itself, and and type of Epilepsy. thirds (66.66%) of to age old myths, worse than the • WHEREAS, people who have Epilepsy make reliable and cony performance, productivity, safety, cooperation and attendance, WHEREAS, studies carried out in the UNITED STATES over indicated that of all disabilities, Epilepsy poses the greatest barr unemployment rates estimated to fall between twenty and tweni WHEREAS, Epilepsy should not be a barrier to success. In ad requirements for success, a person who has Epilepsy needs a st employers who are willing to give them an opportunity to beco Be it resolved, that the governing body of does hereby declare the month of November as National Epilep Be it further resolved, that a copy of the Resolution or Proclam Committee for Epilepsy Awareness, 6670 Roval Palm Blvd., B1 Margate, Florida 33063-2189 workers in job ie past thirty years have to employment with five percent. on to the normal ortive environment and productive citizens. Awareness Month. n be sent to the K., Apt. 302, • ORDINANCE NO. 874 EXHIBIT 1 OCTOBER 19, 2004 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL THE OFFICIAL ZONING MAP OF OKEECHOBEE CERTAIN TRACT OF LAND MORE PARTICUL/ HEREIN, FROM RESIDENTIAL SINGLE FAMILY -Oh DISTRICT TO COMMERCIAL PROFESSIONAL OFF DISTRICT, AMENDING THE ZONING MAP ACCORDI FOR CONFLICTS, SEVERABILITY AND AN EFFECI WHEREAS, the City Council of the City of Okeechobee, F Number: 402 in which a revised Official Zoning Map WHEREAS, the owner of the property more particularly descrit filed a petition (Petition No. 04-008-R) pursuant Regulations of the City of Okeechobee for the purpose land consisting of 0.32 acre(s) from Residential Single District to Commercial Professional Offices (CPO) 2 request be removed from the boundaries of the above the processing of the rezoning application; and ,ORIDA AMENDING BY REZONING A ►RLY DESCRIBED E (RSF-1) ZONING CE (CPO) ZONING NGLY, PROVIDING IVE DATE. a has adopted Ordinance adopted for said City; and d hereafter, has heretofore the Land Development if rezoning a certain tract of amily-One (RSF-1) Zoning fining District and that this ientioned zone to allow for WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabit nts of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the mayor or designee, as Chief Presidin Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of , to -wit: Lots 7 and 8 of Block 78, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Commercial Professional Offices (CPO) Zoning District. SECTION 3. CONFLICT All ordinances or parts of ordinances in conflict herewi h are hereby repealed. SECTION 4. SEVERABILITY If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain iri full force and effect. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately upon its Page 1 of 2 • INTRODUCED for first reading and set for final public hearin on this 51h day of October, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearng this 19t' day of October, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 03/29/2004 `36:28„_" B634*1 40 DA SOD .. PAGE 02. y nd Igo"tat P.L Y,YIIS O STMTl 3.3rr.67 34973-1367 7ParoOMNuniben 3-15-37-35-0010-00780-0070 ar anty Deed T In tore, Made this 6 th day of February , 2004 A.D., Between S. WELDER and ELSIE M. WXLDSR, his wife of cou*y of Okeechobee , Stagg of Florida, grantorX, and D A 90D a LANDSCAPING, nX ., a Florida corporation wbd ad&me c 2085 B.S. 4th Street, Okeechobee, FL 34974 of 0 ra.ay of Okeechobee , Stale of Florida, grantee. WF4ci'U' e trot the GRANTORS, for wd in conoidestlon of th. sum of --TEN ---------------- DOLLARS ($IO)------------ --- ---- --- DOLLARS, ar Good and vahubk eooaidaaeon to ClitAN'IVR9 in Laud paid by GRAN7)O;, the receipt wha.of ix heeby acrm.wled� hove and told to the said (HtANTEB and t31tAIPI'P�"S bras, wrscama sad ssapas ,the foDowati delaibed trod, almost, d i inlhs Oa of Okeechobee State of Floridat0 wit 7 ad 8 of Block 78, CKZXCHOBSS, according to plat thereof ed in Plat Hook 5, Page 5, public records of keechobso County, . ubj t to restrictions, reservations and easements of record, if ay, which are not reimposed hereby, and taxes subs quest to December lst, Z003. ld the paamrs do hereby fully —rant the We 0 uid land, sad ,will dsfmd tbs same apnw In itneasl whereof, the ttt�n taus hsr—m sot 0 o r hands sad seals the day sad year Srst S, ve4ed and delivered !� our presence: In CONSLY WIL�IAffi 8. WSLDF W� e8 P.O. Addtee 6011 NY- 2md Avsa ze T r ELSIE M. WELDSB W eP.O. AA&="I Mr. iad Ave.itST TE=&C caossa as beAee me this 6th day of Febrt R and ZLSIS X. wZLDSR. , his wife I known to ae oc wbo bare lI d,eir Florida driver's license., l EYANAFCOMY !I WCO AISSIdi1CQ900iS0iI A iAS C Y �I I, Notary Publia tr�.�.sy�nyuvq�..�aa.7.r ca1„yaesst..acww �' a Claims of sR persons whom...,=. e wrGtea (S-n ��OQwbobes, FL 34M [IL (Sca) Oke.eiebea, FL 349n ry , 2004 by Ga c • August 25, 2004 David & Anita Nunez, Jr. 2085 S.E. 4 th. Street Okeechobee, F134974 863-467-0611 Fax 467-0610 City of Okeechobee Rezoning Change Request 2) The property is owned by D & A Sod and Land: Anita Nunez own the company and will be deve 10) Change request for the purpose of construction The existing zoning does not allow this use, ful for a change to light commercial. 11) Office building for professional uses. Thank You, David Nunez ping, David and ring the property. an office building. land use allows u rN, ning classification: r Requested zoning classification : [� our desired permitted use under the proposed classification: f o-pf'� Ce will the new zone be contiguous with a like zone?ial Exception necessary for your intended use ariance . Describe the Special Exception sought: S P E, C IProvide specific LDR ordinance citation: ' A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I 0 If business, briefly describe nature including number of employees, hours, noise g N I conducted outside of a building: Describe Variance sought: 11 A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? and activities to be Uniform Land Use Application (rev. 1103) Page 2 of 2 � O ` l etition No. City of Okeechobee,,�,,, yy Services DepartmentI a�'C.�` 155 urisdiction:General S.E. 3rd Avenue, Room 101 Md a 0�2nd Hearing: ,©+6 t 1 oOkeechobee, Florida 34974-2903s:Phone: (863) 763-3372, ext. 218Fax: (863) 763-1686 Uniform Land Use Application Rezone - S 3ecial Exception - Variance property owners ✓ Name of ro erty O� 3 y A Owner mailing address: s'� �` P Name of applicant(s) if other than owner (state relationship):L 0,7 I Applicant mailing address: C A Name of contact person (state relationship):N _ T Contact person daytime hone(s): ✓ Property address / directions to property: C . Indicate current use of property: V cQ on including number/type of dwellings and whether occupied (if none, so state): Describe improvements property, en Approximate number of acres: P 32 Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county o inance? If so, describe: P &I" R e O Have there been any land use applications concerning al or p of this p rty e� in the last ear? If so, indicate date, Y P nature and applicant's name: �S E R Is a sale subject to this application being granted? b T Is the subject parcel your total holdings at that location? If not, describe the remaining or intendeduses: Y Describe d'oining and uses / improvements to the North: 0awnPri1 South: _ ��M ast: a 0 , i n-. West: Future Land Use classification: S Existing zoning: _ Actions Requested: (_zone (_) Special Exception Variance Parcel Identification Number: ,3 ' - 37 - 3 5 - OOlU- 60 7 &`- Ov � Confirmation of Information Accurac ify that the information in this application is correct. The nformtinformaionon i False o gd use ay bed in thi able by tionisa fine ofor tobyOkeechobee Lhereby in processing my request. 30 sand may result in the summary denial o this application. e t of u to 'hqvice/ �`� -GPrinted ap Name Date Page 1 of 2 Uniform Land Use Application (rev. 1/03) Fn= • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper pubiished at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- PLEASE TA ment, being a Florida will on after possible, PUBLIC HEAR ing Ordinance runccc n n PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE that the City Council of the City of C ,sday, October 19, 2004 at 6:00 p.m. or as City Hall, 55 SE 3rd Ave., Okeechobee, A i on and thereafter consider final reading o1 i law: NO.874: AN ORDINANCE OF THE CIT A AMENDING THE OFFICIAL ZONING MAI 1161 KiCI, AMENDING THE ZONING MAP FOR CONFLICTS, SEVERABILITY AND i ,a OKEE- in the matter of The Ordinance pertains to Rezoning � P g Application No. 04-0 -R, re- questing to change the existing zoning from Residential Singl Family- C ��s t c7t. `C\'n f '� One (R F-1) to Uommercial Professional Offices (CPO). The subject property is approximately.32 acres, located at the comer of NE Street 1 and 2nd Avenue, and more particularly described as: Lots 7 and 8, Block 78, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Property is owned by David Nunez, President of D & A Sod and Landscap ng, Inc. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of All members of the public are encouraged to attend and part ipate in said hearing. The proposed Ordinance may be inspected in is a irety by members of the public in the Office of the City Clerk dur ng reg I ar busi- ness hours, Mon -Fri, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to an matter considered at this hearing, such interested person will need a r icord of the proceedings, and for such purposes may need to ensure a erbatim record of the proceedings is made, which record includes the to imony and evidence upon which the appeal is to be based. City Clerk ti pes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with da Statutes 286.26, persons with disabilit Affiant further says that the said Okeechobee News is dation to participate in this proceeding sh( Y later than two (2) working days prior to thi a newspaper published at Okeechobee, in said Okeechobee x215; if hearing or voice impaired, call TE 1-888-447-5620 (TM. County, Florida, and that said newspaper has heretofore been Lane Gamiotea, CITY CLERK published continuously in said Okeechobee County, Florida 525127 ON 10/8/04 each week and has been entered as second class mail matter at — the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscf' d before me this ` day of(� — A.D. 20 1 �, :��;��,i Jj, �a,r((P,� � ��_ �.h,�rmen R. Brown: Notary Public, State of Florida at Large _ _ = Commission 4DD272I I k .4r Expires: Jan 17.. 200 Bonded Thru At4muc Bor,dina Co In, Act (ADA) a1'-3372 Flork g specia acmmo- ct Lane Gamtea no no at 863-7 30 15 0 30 SCALE : AS SHOWN T YP I CAL- L SEM (WHERE APPLICABLE -SEE DRAWING) PRM-PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CMF-CONCRETE MONUMENT FOUND COS -CONCRETE MONUMENT SET ABF-REBAR FOUND RBS-REBAR SET w/Cap No.508 IPF-IRON PIPE FOUND POL-POINT-ON-LINE UTS-UNITED TELEPHONE SERVICE FPL-FLORIDA POWER 6 LIGHT CO. (FI-FIELD MEASURE (PI -AS PER PLAT (CI-CALC.OISTANCE (DI -AS PER DEED S/T-SEPTIC TANK MH -MANHOLE FC -FENCE CORNER PP -POWER POLE CAP-CORRUG.MET. PIPE TOB-TOP OF BANK RCP-{lEI NF. CONC. P I PE CB -CATCH BASIN —06— OVERHO. LINE WM -WATER METER FENCE LINE UG -UNDERGROUND 1 RBF FC: E. 7.3' S. c IO x LJ ul FC: r c� L CJ t— � I wN� Q �qx an6' m v) oar; LL 3 lm0 O Qt o$ 0 5. i E. O cn \1 � 0 0 ELEVATI ONS ARE NGVD,1929 DATUM WE1-1- m U � � — — . 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La m W W coQ Z H C u co -a Q H Li LV O C7 EXHIBIT 2 OCTOBER 19, 2004 [CULM HWULLOIIF AN ORDINANCE OF THE CITY OF OI FLORIDA AMENDING CHAPTER 30, ARTICL ORDINANCES; ENACTING NOISE AND STANDARDS TO REGULATE, AND PROM NOISE AND VIBRATION LEVELS; MEASUREMENT OF SUCH STANDARDS; PR ENFORCEMENT OF SUCH STANDARDS; PR EXCEPTIONS TO THE STANDARDS; PRC REPEALING OF PROVISIONS IN CONFLIC' PROVIDING FOR SEVERABILITY; PROVID EFFECTIVE DATE. ;EECHOBEE, III CODE OF VIBRATION SIT CERTAIN PROVIDING )VIDING FOR )VIDING FOR VIDING FOR HEREWITH; NG FOR AN WHEREAS, the City of Okeechobee, Florida finds that the regulation of noise and vibration within the City provides a valid public purpose for itscitizens; and WHEREAS, the citizens of the City of Okeechobee are entitled to enjoy a measure of peace and quiet in their daily activities, and that excessive or annoying sounds, noises and vibrations degrade the quality of life, disturb the public peace, and jeopardize the health, welfare and safety of our citizens; and WHEREAS, the City of Okeechobee seeks to provide for standards to control noise and vibration levels within the City, with provision for lesser noise and vibration levels during those times of the day and week where the citizens should expect to enjoy a period of peace and quiet, yet at the same time permit commercial and industrial activities to continue in a manner to balance the rotection of public peace, individual freedoms and private property rights, yet to Iso permit and promote the economic activity that is vital to the welfare of the Cit as well as its citizens; NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City and enact the following ordinance to be effective throughout the City of Okeechobee: Section I. That Chapter 30, Article III of the Ci herewith rescinded in its entirety, ani Sec. 30-81 Noise Regulation in General. It shall be unlawful, as hereafter set forth, for thereof to cause or be made, or continued, any excE noise or vibration which disturbs the peace and quiE neighborhood, or which tends to cause discomfort, or a person of normal sensitivity, with such regulations to rE commercial activities to occur within the City during cE Sec. 30-82 Specific Noises Prohibited. f Code of Ordinances is replaced as follows. any person, entity or agent ;sive or unreasonably loud of any residentially zoned inoyance to any reasonable 3sonably provide for normal rtain times. Except for certain exceptions listed in section 3 -83 hereafter, the following acts are declared to be loud, disturbing and unnecessa noises or vibrations in the City in violation of this chapter, but such enumerations all not be deemed to be an exclusive list of noises or vibrations that may constitute a public nuisance. (1) Motor vehicle horn or signaling devise. Is shall bE or signal devise within the City on any autom vehicle, except as necessary as a warning or de vehicle shall have attached or use any bell ambulances or law enforcement vehicles or fire safety agencies. unlawful to sound any horn obile, truck or other motor nger signal. No such motor or siren to that used on department, or other public Page 1 of 6 (2) Loud speakers and amplifiers. It shall be unlawful for any automobile, truck or other motor vehicle within the City to USe radio, tape, or CD player amplifiers and speakers so that the level of sound emanating from the vehicle causes excessive sound or vibration th t can be heard and felt within 100' of adjoining motor vehicles, pedestrians o residents within the City. (3) Engine mufflers. It shall be unlawful to operate any internal combustion engine, motor, vessel, or motor vehicle without a muffler designed for installation on such engine or motor, to effectively prevent loud or explosive noises or vibration therefrom. (4) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or race or test the engine or motor of any motor vehicle, including vessels, airboats, motorcycles or farm equipment of eVE ry nature, within any zoning district within the City in which any residential use is permitted, between the hours of 9:00 p.m. and 7:00 a.m., in such a mar ner as to disturb the peace, quiet and comfort of the residents of the area. (5) Loading or unloading of vehicles, opening of bales and boxes. It shall be unlawful to make, create, permit or maintain any loud or excessive noise within the City on connection with the loading or unloading of any motor vehicle, or the opening or destruction of bales, oxes, crates or containers, between the hours of 8:00 p.m. and 6:00 a.m. in a zoning district adjoining a residential zoning district, that would disturb t e peace, quiet and comfort of residents of the area. (6) Schools, courts, churches, hospitals, nursing or assisted living. It shall be unlawful to create any excessive noise on any sl reet adjacent to any school, public or private, including day care centers, a c urch, a hospital, or nursing or assisted living facility which unreasonably interferes with the normal workings of such institution, or which disturbs r unduly annoys patients in a hospital, nursing or assisted living facility. (7) Construction equipment and activity. It shall tie unlawful to operate any motorized equipment in conjunction with, to perform any outside construction, maintenance or repair work on buildings, structures, roads or other projects within the City in any zoning district between the hours of 8:00 p.m. and 6:00 a.m., unless a special permit for such activity is issued by the City Administrator for the City of Okeechobee o the basis of good cause or public emergency. (8) Animal noises, control, cruelty . Is shall be unlawful to keep, maintain or permit any animal, within the City without providing and maintaining adequate sound control techniques to eliminate excessive, repetitive, offensive and unnecessary barking, noises orsounds from such animal(s), at any time of the day or night, so as to annoy or disturb any neighbor, or to fail to control such animal(s), or to commit any act of neglect, torture, or torment that causes unjustifiable pain or suffering to any animal. These regulations shall be in addition to, and not in lieu of Chapter 10 of this code, and shall apply to any occupant of a residence, ither owned or leased, and the curtilage thereof, in possession or contro of an animal, and shall include: a. The code enforcement officers employed by the City of Okeechobee, in addition to certified law enforcement o ficers under state law, are hereby designated as an animal contrc I officer within the City to investigate, cite, and enforce any animal ontrol or cruelty ordinance of the City, or statute of the State. b. That any violation of an ordinance of the nature. C. For any such complaint of violation :ity is declared to be civil in of City ordinance, code Page 2 of 6 enforcement agents shall provide on (1) warning notice to an offender prior to issuance of code violation procedures, which carry a fine up to $250.00 per incident, and up to maximum $500.00 fine per incident to repeat offenders. d. The City reserves the right to permit imt tion of a civil penalty less than the maximum for violators who do contest such citations. e. That violation of state statutes pertaining to animal control or cruelty shall carry the punishment as designated in such statute. d. That code enforcement officers, in addition to certified law enforcement officers under state law, may issue a citation for violation of municipal codes, who has probable cause to believe that a person in possession or control of an animal has committed an act in violation of this ordinance. e. The City of Okeechobee hereby enacts and imposes a surcharge of $5.00 upon each civil penalty imposed for violation of this ordinance relating to animal control or cruelty, which the proceeds thereof designated to pay the costs of training for animal control officers. (9) Drums, cymbals, loudspeakers. It shall be unlawful to create, make, maintain or permit any noise by use of any drum, cymbal, loudspeaker or similar instruments in the City for the purpose of attracting attention to any performance; to promote any commercial activity, show, sale, or display of merchandise or place of business, or to attach a loudspeaker to a motor vehicle to promote such activity. This provision shall not apply to ice cream trucks who play music only, or to City -approved public fairs, parades or events. (10) Radios, Television sets, musical instruments. Is shall be unlawful to use, operate or permit to be played, used or ope ted, any radio or satellite receiver, musical instrument, phonograph, CD or tape player, portable "boom box" radio or other machine or devise for the production and amplification of music or sounds, between the hours of 10:00 p.m. and 7:00 a.m. in such manner or noise level as to disturb the pe ce, quiet and comfort of neighboring residents. 7 (11) Skateboard ramps oractivities. It shall be unlawfLil to use any neighborhood, or municipal skateboard ramp or similar structure or configuration, between the hours of 8:00 p.m. and 9:00 a.m. in any zo ing district within the City that permits residential use. (12) Car wash, airdryers, landscape, blowers. It shal be unlawful for any person or entity to own or operate a drive -through ca wash, air blow dryers, or motor vehicle vacuums between the hours of 1 :00 p.m. and 7:00 a.m. that would result in a disturbing the peace, quiet and comfort of adjoining residential properties. No person shall use or operate any hand-held air blower, weedeater, mower or similar equipment for use of cleaning parking lots, or performing landscaping operations in s ch a manner as to create noise or vibration disturbing to adjoining residential areas between the hours of 8:00 p.m. and 6:00 a.m. (13) Places of public entertainment. It shall be unla ul for any person, entity, commercial business, restaurant, bar and lourige, or operator or agent thereof, to operate, play or permit such operat n or playing of any radio, television, phonograph, recording/playing devise Karoke machine, live band or group, musical instrument, microphone or ther devise that emits or amplifies music or sounds in such a manner as would be a disturbance to adjoining residential neighborhoods. A violation of this ordinance requires that the annoying sound be measured at the property line of the complainant nearest to the source of the sound(s) with a devise meeting the regulations Page 3 of 6 • of the American National Standard Institute o its successor, and that the sound(s) so measured occur between the hours of 10:00 p.m. and 7:00 a.m., and meet or exceed 50 dBa (decibels) for a continuous period of ten minutes or more. (14) Sounding of train horns, whistles or bells. It sh train approaching a public at -grade crossing hav signal or traffic control devises, including flashi gates, to emit an audible warning signal in addit railroad crossing between the hours of 10:0( prohibition shall not apply to any such rail road c the City has failed to erect traffic signs in accorc and announcing to motorists that railroad train h sounded during said hours. The City Administ companies operating within the State of FloridE ordinance, and identify such intersections prohibition will exist. Sec. 30-83 Exemptions. The following noises or vibrations shall be exe forth in this chapter. (1) Noises of authorized safety signals and warn all be unlawful for a railroad ng train -activated automatic ig lights, bells and crossing on to and in advance of said p.m. and 6:00 a.m.. This -ossing within the City where ance with state law warning urns and whistles will not be -ator shall notify all railroad as to the enactment of this nd crossings where such from the restrictions set devises. (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call, acting in time of emergency or any other public safety operation; or during an authorized and permittec fair, parade or public event. (3) Noises resulting from emergency work, whish is to be defined as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from imminent exposure to danger. (4) Noises incidental to activities of bona fide agricultural activities. (5) Noises or vibrations associated with uses or activities whereby an administrative approval to produce such nois s or vibrations has been obtained from the office of general services or C ty Administrator for the City of Okeechobee, including but not limited to fairs, parades, craft fair, or similar public event. Sec. 30-84. Standards for exceptions. A deviation from the requirements of this chapter may be granted by the City Administrator for the City of Okeechobee, and in reviewing such request for exemption from noise or vibration restrictions, the following factors shall be considered. (1) Whether or not the proposed use or activity necessarily warrants a deviation from the noise and vibration restrictions of this chapter. (2) Whether or not the noise and/or vibration associated with the proposed use or activity is compatible with surrounding land se so as to not created an unreasonable disturbance to adjacent propertie . (3) Whether or not the applicant has taken, or will take, all effort to limit excessive noises or vibrations associated with the proposed use or activity to meet the intent of this chapter. (4) In those cases where the use or activity is prop sed between the hours of 8:00 p.m. and 6:00 a.m., whether or not such ours of operation serve a Page 4 of 6 • public, civic or charitable purpose, are necessary, and if so, whether the noises and vibrations associated with such use or activity are minimized to the greatest extent. Sec. 30-85. Peak noise levels. Except as otherwise restricted in this chapter, any noise(s) emitted within the City at any time of the day or night shall not exceed 5P d.b.a. (decibels) Sec. 30-86. Enforcement. The provisions of this ordinance may be investi ated, cited and enforced by any authorized code enforcement officer of the City, or any certified law enforcement officer or firefighter employed by the Ci y. For those complaints or violations investigated by law enforcement officers that occur at a commercial business, wherein the officer provides the owners or o erators thereof a warning to cease and desist the excessive noise, or boisterous conduct causing such noise, and which includes a warning that closure may result, any law enforcement officer who must return to the same commercial business a subsequent time to address the violation within a time period of two hours of the initial warning, is authorized, and may direct that the commercial establishment be closed to business for the remainder of its normal operating hours. Such officer may use any lawful means necessary to cause the establishment to vacate all patrons, and lock the doors, and prevent its re -opening forthe balance of that business c ay, without recourse against the City. Sec. 30-87. Penalties. Except as otherwise set out in this chapter, any iolation of this chapter shall be punished as a civil infraction through the provisions of ch. 162 Florida Statutes, which shall carry a fine of up to $250.00 per incident for a property owner who is a first time offender, and of up to $500.00 per incident for a property owner who is determined to be a repeat offender, as those terms are defined in ch. 162. SECTION 3. CONFLICT. All ordinances or parts of ordinances in cnflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. INTRODUCED for first reading and set for public hearing on the 5th day of October, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk ADOPTED after second and final reading at a public hearing Feld this 19th day of October, 2004. James E. Kirk, Mayor Page 5 of 6 L ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 6 of 6 Ll The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLOPIDA COLJAITY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of i in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE thatthe City Council of the City of Okeechobee, Florida will on Tuesday, October 19,,2004 at 6:00 p.m. or ass on there- after possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL onduct a PUBLIC HEARING on and thereafter consider final reading of tie follow- ingg Ordinance into law: NO. 875: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30, ARTICLE III CODE OF ORDINANCES; ENACTING NOISE AND VIBRATION LEVELS: PRO - FOR AN EFFECTIVE DATE All members of the public are encouraged to attend and pa icipate in said hearing. The proposed Ordinance may be inspected in its ntirety by members of the public in the Office of the City Clerk du ng re lar busi- ness hours, Mon -Fri., 8am4:30pm, except to holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person Jesires to appeal any decision made by the City Council with respect to a ny matter considered at this hearing, such interested person will need a record of the proceedings, and for such purposes may need to ensure a verbatim record of the proceedings is made, which record Includes the estimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for offjoill records o1 the Clerl. In accordance with the Americans with Disability Act (ADA) nd Flori- da Statutes 286.26, persons with disabilities needing special a commo- dation to particippate in this proceeding should contact Lane Ga iotea no later than two (2) wonting days prior to the proceedingg at 863- 63-3372 x215; if hearing or voice impaired, call TOO 1-800-222-3448 1 voice) or 1-888-447-5620 (TTYI. Lane Gamiotea, CITY CLERK 525143 ON 10/8/04 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid not 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. Sworn to and su*614ed before me this day of A.D. 20 Karmen R. Browr; Notary Public, State of Florida at Large Commission 4DD2721 1 •'£�= Expires: Jan 17, 2008 OF'v�°v Bonded Thru Atlantic Bonding Co., inc Page 1 of 1 0 4 Melisa Eddings ilCiC� From: "Lane Gamiotea"<Igamiotea@cityofokeechobee.com> To: "Melisa Eddings" <meddings@cityofokeechobee.com> 1` Sent: Tuesday, October 12, 2004 6:19 AM Subject: 2 things for Tues Melisa, call Chief Davis and remind him to get with Cook on adding language to Ord 875, "closure of business who refuse to quiet down." Also, call Darrell Enfinger @ County Rec and ask him the hours of the skate board park, let him know what this is in reference to, and that the City doesn't want to create anything. And, �Q check the hours of the Teen Block parties, those are being held there now and I think they are till 11 p.m.Q�� 'S`l\ Lane Gamiotea, City Clerk f�10^11 City of Okeechobee e 55 SE 3rd Avenue Y aU� Okeechobee, FL 34974J/. (863) 763-3372 x 215 Fax: (863) 763-1686 NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 -iau - Ir f 10/12/2004 0 EXHIBIT 3 OCTOBER 19, 2004 RESOLUTION NO. 04-1 1 A RESOLUTION OF THE CITY OF OKEEC EXPRESSING ITS STRONG DISPLEASURE W NOTIFICATION BY ADELPHIA CABLE OF ITS INT CABLE TELEVISION RATES TO LOCAL CUS1 SERVICE FROM BASIC TO EXPANDED CABLE SE FOR PUBLIC RELEASE OF THIS RESOLUTION NOTIFICATION TO ADELPHIA MANAGEMENT OF' PROVIDING AN EFFECTIVE DATE. AOBEE, FLORIDA TH THE RECENT :NT TO INCREASE OMERS FOR ALL 2VICE; PROVIDING PROVIDING FOR "HIS RESOLUTION; WHEREAS, the City of Okeechobee, Florida has permitted by franchise agreement the provision of cable television services for the citizens of the City of Okeechobee, which franchise allows the provider to use City rights of way to serve its customers and to provide top quality programming and services for such customers; and WHEREAS, such franchise has expired, and Adelphia Cable continues to provide services at the pleasure of the City pending negotiation and execution of a new franchise for the cable system; and WHEREAS, many of the customers served within the City of Okeechobee are on a fixed income, or otherwise on a fixed budget which limits their ability to enjoy the luxury of cable television service, and even nominal increases in rates has an effect on their livelihood; and WHEREAS, the citizens of Okeechobee, and the State of FI rida, recently endured and suffered through four hurricanes of Category 2 or higher within the month of September, 2004, two of which caused significant damage and hardship in Okeechobee, including loss of property, jobs and income; and WHEREAS, the management at Adelphia Cable, despite such hardship, released notification in October, 2004 of a rate increase for cable service for all classes of service, which will increase monthly subscription rates from 5-10 percent commencing in November, 2004; NOW, THEREFORE, it is resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: 1. THAT the City of Okeechobee finds that the citizens of the City of Okeechobee, having recently endured the loss and damage occasioned by two major hurricanes, are not in a position to absorb new fees and costs for non -essential services such as cable television 2. THAT the City of Okeechobee understands the need for cash flow to support commercial activity, but that the announcement of a rate increase at a time of loss and suffering by its customers is insensitive at best, by the management or consultants at Adelphia Cable, nd there appears to belittle evidence to support a rate increase at this time 3. THAT the City of Okeechobee therefore reolves and does by such resolution express its extreme displeasure at theneed, and the timing of, the Page 1 of 2 • announcement of rate increase by Adelphia Cable, and directs that this resolution be released to the public, and as well to the management of Adelphia Cable. THIS ordinance shall become effective immediately upon its passage. INTRODUCED AND ADOPTED this 19th day of Octo er, 2004. /_T480N i Lane Gamiotea, CMC City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney James E. Kirk Mayor Page 2 of 2 • EXHIBIT 4 OCTOBER 19, 2004 REIMBURSEMENT AGREEME THIS AGREEMENT is entered into this day of 20 , by and between the CITY OF OKEECHOBEE, FLORIDA, EMPLOYER, and EMPLOYEE, and is for the purpose of employee's guarantee to reimburse certain training or education expenses paid by the CITY, and includes the following: THIS IS A LEGALLY BINDING CONTRACT F( REIMBURSE THE CITY OF OKEECHOBEE, FLORI EDUCATION EXPENSES ADVANCED BY THE CONDITIONS SET FORTH BELOW. IF YOU ARE N YOUR LEGAL RIGHTS AND RESPONSIBILITIES, YC THIS CONTRACT WITH LEGAL COUNSEL PRIOR 111 EMPLOYEE TO DA FOR TRAINING/ CITY UNDER THE )T CERTAIN AS TO U SHOULD REVIEW rO EXECUTION. 1. For the sufficient mutual considerations set f rth herein, the undersigned EMPLOYER and EMPLOYEE enter into this c ntract on the date and time set forth above. 2. That the position held by EMPLOYEE with the City of Okeechobee may require from time to time that EMPLOYEE attend training/education/ certification programs or classes, as a pre -requisite to continued employment with the CITY. 3. That the CITY agrees to advance the costs of such training/education/ certification, including in its discretion, prog am fees, materials, travel, lodging, per diem, or other related expenses on behalf of EMPLOYEE. 4. That the several programs attended by EMPLOYEE may over the course of employment with the CITY occur over a period of several years, and constitute a considerable expense by the CITY to properly train or certify its employees. 5. That by execution of this agreement, EMPLOYEE contracts and agrees, on Page 1 of 3 • behalf of him/herself, heirs and personal repre; shall remain as a full time employee with CITY f (2) years following completion of any particulartr., session for which the CITY advances the completes such two years of employment a session, and in any event once EMPLOYEE h of continuous, uninterrupted employment with t right of CITY to claim reimbursement for th training/education session. 6. If, however, EMPLOYEE should voluntarily employment of the CITY within the two year wii completion of a particular training session to d then EMPLOYEE agrees and shall reimbui expenses reasonably related to EMPLOY training/education/certification session. 7. Such amounts of reimbursement due to EMPLOYEE shall be due in full without further d EMPLOYEE authorizes CITY to withhold to the e sick leave, unpaid overtime, annual leave, oroth EMPLOYEE might otherwise be entitled upon s pay such reimbursement, with any excess rem, entatives, that EMPLOYEE r a continuous period of two ining/education/certification costs. Once EMPLOYEE er such training/education s completed ten (10) years e CITY, there shall exist no expenses related to the or involuntarily leave the low measured from date of to of separation from CITY, e the CITY in full for all E'S attendance at such ITY upon separation of mand or presentment, and tent available, any accrued r monetary benefit to which paration of employment, to ning paid to employee. 8. If at the time of separation of employment, such reimbursement is not paid in full by EMPLOYEE, then EMPLOYEE agrees to pay in addition to CITY all reasonable costs of collection, including but rot limited to attorneys fees, court costs and interest. 9. That CITY reserves the right, in its sole and absolute discretion, to waive all or part of any expense related to training/ed cation/certification of any EMPLOYEE for reasons found to be sufficient toy CITY. 10. The CITY reserves the sole right and discretion t determine the nature, and frequency, of any such training and education provided or offered to EMPLOYEE while employed by CITY, and ay accept or reject any proposed program suggested by any EMPLOYEE. Page 2 of 3 • Course Description: Fees and Expenses: EXECUTED and agreed the date above set. ATTEST: Lane Gamiotea, City Clerk EMPLOYEE CITY OF O As authoriz :ECHOBEE, FLORIDA agent thereof Page 3 of 3 EXHIBIT 5 OCTOBER 19, 2004 OKEECHOBEE MAIN TREET, INC. 105 S.E. 2nd Street • Okeechobee, FL 34974 • Phone 863.763.3437 • Fax 863.763.3783 October 6, 2004 Mr. Bill Veach City Administrator As closure to the City's commitment to support Main Street with funding of $20,000.00 for fiscal year 2004 — 2005, based on our State accreditation, w are requesting the following disbursement of funds. 1. $5,000.00 October 15, 2004 2. $5,000.00 January 15, 2005 3. $5,000.00 April 15, 2005 4. $5,000.00 July 15, 2005 Checks may be made payable to Main Street Okeechobee and ailed to 111 NE 2nd Street, Okeechobee, FL 34972. Again, thank you for your support. We anticipate this first year to be very busy in building a strong foundation to bring about the revitalization of ort to Okeechobee. Your financial commitment to us makes this all possible and is very much appreciated. Maureen Burroughs President Main Street Okeechobee www.mainstreetokeechobee.com • EXHIBIT 6 OCTOBER 19, 2004 rr - MEMORANDU TO: Mayor Kirk and Council Members FROM: Denny Davis, Chief of Police SUBJECT: Salary Adjustment due to Promotion DATE: October 11, 2004 It is my desire to promote a 15-year employee from Sgt to Sergeant's position; this position is the third position in my and traditionally comes with a $2000 a year increase in sa question takes an employee from step five of his current p makes $36,603.55, and moves him to step one of the Deb scale, which is $36,557.85. This is actually a decrease in increase the Detective Sergeant's step one pay scale to $: $2000 increase that this position calls for. It should be noted that due to other moves within my Dep� going to save approximately $1500-$2000 a year, even al is approved. Thank you in advance. the Detective chain of command lary. The promotion in ay scale, where he ?ctive Sergeant's pay >alary. I would like to 38,603.55, which is the lent, the City is still the above increase • EXHIBIT 7 OCTOBER 19, 2004 ELECTION SERVICES AGREEMENT This agreement entered into this day of , 2004, between the City of Okeechobee, a Florida Municipal Corporation, hereinafter referred to as "CITY" and GWEN CHANDLER, as Supervisor of Elections o Okeechobee County, Florida, hereinafter referred to as "SUPERVISOR." WITNESSETH: 1. SCOPE OF SERVICES. The SUPERVISOR shall provide the following services for the City Election to be held in conjunction with the County and General Election, in a manner which is in compliance with the Election Laws of the State of Florida and the City of Okeechobee: a. The SUPERVISOR will maintain City Vot r Registration and costs associated with maintaining voter registr ion. b. The SUPERVISOR will schedule adequate Polling Place facilities. The CITY will pay rent on all polling place facilities for City precincts only and share rent on any combined facilities. C. The SUPERVISOR will provide adequate voting equipment and costs associated with maintaining equip ent. d. The SUPERVISOR will hire, appoint and train clerks and inspectors for each precinct. The CITY will pay the salary for the clerks and Page 1 of 4 • k. The SUPERVISOR will advertise the pay 50 percent of the costs for this a, I. The CITY will pay for 50 percent for workers, hired by the SUPERVISOR. Ballot. The CITY will election night M. The CITY will advertise and pay 100 perc ent of the advertising of the Election Proclamation. n. The CITY will process and provide all Ci Candidates Campaign Packets and all costs associated. 7 o. The CITY will qualify all City Candidates. p. The City Clerk is to be an ex-officio non -voting member of the Canvassing Board, during any City Election. q. The SUPERVISOR shall provide an ongi al or certified copy of all City Election results within 7 days after t e election. r. The SUPERVISOR shall submit one bill to the CITY requesting payment of above items as agreed upon. The CITY shall submit payment to the SUPERVISOR within 30 ays of receipt of statement. Page 3 of 4 • 55 Southeast 3`° Avenue ITEM ADDED TO Oct 19 AGENDA obee, EXHIBIT 8 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TG6t11DnPAPV CTRFFT L mn cini=wai K t I [�. INr Name of Applicant j, c y Tod y's Date 1 Address V �n Phone(s) _ r Name of Property Owner L� 67, CT-P w, O;' L Address Phone(s) Street to be Closed j LO 561 A V^ Dates to be Closed J Time(s) to be Closed1130,f� Purpose of Closing 1 ) Ofif)UCL( Ja Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00 required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only se a on private property. No alcoholic beverages on City property, this includes streets and sidewalks) uwClean-up is required within 24 hours. ugg'No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. OwNo donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriat times. u�a'Dumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Authorized Signature POLICE DEPARTMENT orized Signature FIRE DEPARTMENT 1T Donnie Robertson, Public Works Direc Date Typed Name & Title D e n n y Davis h i e f Date Typed Name & Title e n �C?— Herb Smith Fire Chief razed Signature Date Typed Name & itle Occupational and/or State License Verified: /74- ADMINISTRATION i�-- Authorized Signature CLERK'S OFFICE orized Signature Bill L. Veach City Adminis Da e Typed Name & Title 1, i 1 l i I "r Lane Gamiotea Date Typed Name & T APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 LJ 0 2. TERM. This agreement shall become effective and shall remain in effect. Nothing herein shall an undertaking of any obligation or responsibill corporation not a part to this agreement (other on the date of its approval ie deemed to constitute to any person, firm or as would otherwise accrue under the law) to take any action or refrain from any action with respect to compliance with any other requirements of law. Nothing herein shall be deemed to waive any immunity from suit (in agreement, in tort, or otherwise) that might accrue in favor of the City or the Supervisor. The City or the Supervisor do not intend, by any pro ision hereof, to create any right or benefits in favor of any person, firm or corporation no a part to this agreement. AS TO THE CITY OF OKEECHOBEE, FLORIDA: ATTEST: Lane Gamiotea, CMC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney AS FOR THE SUPERVISOR OF ELECTIONS: James E. Kirk, Mayor Date Gwen Chandler, Supervisor of Elections Date Page 4 of 4 • • inspectors hired to work at city polling precincts and share in the salary costs of those clerks and inspectors at any combined facilities. e. The SUPERVISOR will furnish registrati n records fo reach City precincts and cots associated with registration records. f. The SUPERVISOR will provide for the pr duction of ballots, including absentee. The CITY will pay 50 percent of printed ballots for City voters. g. The SUPERVISOR will provide for Tabul tion and Counting of all precincts and costs associated with Tabu ation and Counting. h. The SUPERVISOR will provide for advertising of Official Logic and Accuracy Testing. The CITY will pay 50 percent of costs for advertising the Official Logic and Accuracy Testing. t. The CITY will provide to the SUPERVISO , the names for the ballot in a timely manner, following qualify ng week. The CITY will provide to the SUPERVISO , wording or questions or issues to be placed on the ballot in a ti elv manner. Page 2 of 4 Page I of I SWATH STREET z T. TRH it 0 F-T-1 S.W. TH STREET - z > J http://www.okeechobeepa.com/Grizzly4—tmp/OKEECHOBEE 10982030262612.gif 10/19/2004 Se tember 28, 2004 - Planning Board - Page 2 of 4 AGENDA ACTION - DISCUSSION - VOTE IV. NEW BUSINESS. A. Rezoning Petition No. 04-008-R. Consider a recommendation to the City Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Council to rezone the property located at the Northeast corner of Northeast 6th Street and Northeast 2nd Avenue from Residential Single Family One (RSF-1) Planning Staff Report Summary: The subject property is currently zoned Residential Single to Light Commercial (CLT). D & A Sod and Landscaping is the property owner, Family (RSF-1) and a Future Land Use category change to Commercial is pending for this David Nunez is the applicant - Exhibit 1. property. The applicant is requesting a rezoning from RSF-1 to Light Commercial with no Amendment of the Future Land Use Map required ifthe Commercial category change is approved. The applicant is proposing to build a professional office building. The uses for CLT are as follows: Sec. 90-251. Generally. (1) Light Commercial (CLT) Zoning Districts shall be permitted only on land designated as Future Land Use in Light Commercial (CLT) Zoning Districts shall be subject to the regulations of this division. Sec. 90-252. Permitted uses. The following principal uses and structures are permitted in the CLT district: (A) Professional office, business office, medical office. (B) Retail store, retail service. (C) Personal service. (D) Craft studio. Sec. 90-253. Special exception uses The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (A) Restaurant, cafe. (B) Dry cleaner, laundry. (C) Private club, nightclub. (D) Business school. (E) Radio, television or cable reception, transmission or operational facilities. (F) Commercial indoor recreation. (G) Commercial parking garage or lot, taxistand. (H) Outdoor vehicle sales lot. (I) House of worship (.I) Marina, doc, pier. (I) Enclosed storage. (L) Public facility or use. (M) Public utility. (N) Permitted uses in excess of 45 feet in height. (0) One dwelling unit per commercial building, not exceeding two bedrooms or 800 square feet. (P) Group home. Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general • Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is specifically authorized under the Zoning District in the Land Development Regulations. (3) The proposed use will not have an adverse effect on the public interest. An office use will not have an adverse effect on the public interest in the neighborhood but other uses in the CLT Zoning District might. A CPO Zoning District would be more compatible than CLT zoning. AI IV. NEW BUSINESS. )A B. Rezoning Petition No. 04-008-R, continued. September 28, 2004 - Planning Board Page 3 of 4 a ., ACTION DISCUSSION -VOTE Planning Staff Report Analysis, continued: (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent properties. Some uses, however, within the CLT Zoning District would adversely affect adjacent properties. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern • that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to the owner. Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved as Commercial. Planning Staff Report Recommendation: Staff recommends denial of the request to allow rezoning from Residential Multi -Family (RMF) to Light Commercial (CLT)- but recommr nck A Cr v Zoning iiistnct tor this property. - Anita Nunez, representative of the applicant, explained that they are planning to use the property for an office space for their sod business, and possibly rent out another section to a business professional. She continued by saying that it is possible that she will sell the lot in the future or even create a salon or spa, and does not want the recommendation for Commercial Professional