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2005-10-18 Regular Meeting396 I. CALL TO ORDER - Mayor: October 18, 2005 Regular City Council Meeting, 6:00 p.m. CITY OF OKEECHOBEE OCTOBER 18, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Mayor Kirk called the October 18, 2005 Regular City Council Meeting to order at 6:00 p.m. PAGE 1 OF 7 II. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist Church; In the absence of Pastor Eatmon, the Invocation was offered by Pastor Jim Hudson of His House Fellowship Nazarene; Pledge of Allegiance led by Mayor. I The Pledge of Allegiance was led by Mayor Kirk. 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the October 4, 2005 Regular Meeting. October 4, 2005 Regular Meeting, as amended: Vote for item B. 2. c Markham and Watford will be changed to reflect a yea vote, and Item J vote on Watford will be changed to reflect a no vote; seconded by Council Member Williams. 1 L 397 OCTOBER 18, 2005 - REGULAR MEETING - PAGE 2 OF 7 IV. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Member Markham asked for clarification of a motion regarding Okeechobee Main Street (OKMS) Green Council Action for the October 4, 2005 Regular Meeting continued. Market. A time frame was not addressed. Mayor Kirk requested that the time frame be addressed at the November 1, 2005 meeting during OKMS Quarterly Report. Council Member Watford stated for the record that he does not support in any way alcohol use in the Parks, in which he was quoted otherwise in one of the local news papers. V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2005 Warrant Register: General Fund ................................ $387,274.23 CDBG Fund .................................$ 22,823.85 Industrial Development Fund .................... $ 1,005.28 Public Facility Improvement Fund ................. $ 334.80 Law Enforcement Special Fund . � ................ $ 200.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the September 2005 Warrant Register in the amounts: General Fund, three hundred eighty-seven thousand, two hundred seventy-four dollars and twenty-three cents ($387,274.23); CDBG Fund, twenty-two thousand, eight hundred twenty-three dollars and eighty-five cents ($22,823.85); Industrial Development Fund, one thousand five dollarsand twenty-eight cents ($1,005.28); Public Facility Improvement Fund, three hundred thirty-four dollars and eighty cents ($334.80); Law Enforcement Special Fund, two hundred dollars ($200.00); seconded by Council Member Markham. There was no discussion on this matter. KIRK - YEA CHANDLER -YEA VOTE 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 D was withdrawn from the agenda and New Business Items H and I were added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 916, Rezoning Council Member Watford moved to read by title only, proposed Ordinance No. 916, Rezoning Application No. 05-010- Application No. 05-010-R, submitted by Herbert and Rachel Phillips- R, submitted by Hubert and Rachel Phillips; seconded by Council Member Williams. City Planning Consultant (Exhibit 1). 4 • OCTOBER 18, 2005 - REGULAR MEETING - PAGE 3 OF 7 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C) City Attorney to read proposed Ordinance No. 916 by title only. Attorney Cook read proposed Ordinance No. 916 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF4) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 916. (Planning Board Council Member Markham moved to adopt proposed Ordinance No. 916; seconded by Council Member Chandler. recommends approval) 11 b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 11 and 12 of Block 17, South Okeechobee, for property located at 1212 South Parrott Avenue from RSF-1 to CHV. The application was submitted by the property owners, Hubert and Rachel Phillips. Clerk Gamiotea reported that all fees have been paid. The ordinance was advertised in the Okeechobee News on October 7, 2005. General Services Department mailed nineteen courtesy notices to the surrounding property owners with no response to date. The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff Report Analysis: (A) The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use is Commercial and these lots (used for parking) will be consistent, should the rezoning be granted. (B) Parking is allowed and authorized by the CHV zoning district. (C) The zoning and use will be a positive effect for the public. (D) The zoning (CHV) and parking as a use is appropriate for the location as proposed. (E) The parking is included in an approved site plan and the rezoning removes present inconsistencies. (F) Buffering will be a part of the site plan requirements. (G) There is no density involved in this request. (H) The impacts for traffic should be minimal. (1) There are no inordinate restrictions for this proposed use and rezoning. (J) The rezoning would not be a privilege. The Planning Board voted unanimously to recommend approval at the September 27, 2005 Meeting. Planning Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to use the subject parcels as parking areas for the Dairy Queen. There was a brief discussion. 399 OCTOBER 18, 2005 - REGULAR MEETING - PAGE 4 OF 7 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. VIII. NEW BUSINESS. A. Motion to approve an Interlocal Agreement for a Use of Alley with Council Member Chandler moved to approve an Interlocal Agreement for a Use of Alley with the County regarding the the County regarding the Methodist Church Parking Lot - City Methodist Church Parking Lot; seconded by Council Member Markham. Attorney (Exhibit 2). This agreement between the County of Okeechobee and the City of Okeechobee is in reference to a fifteen -foot wide alleyway running East to West and located between Lots 1 through 6 and Lots 7 through 12 of Block 139, City of Okeechobee. The alleyway is part of the parking lot located next to the Methodist Church. There was a brief discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B. Motion to approve a Temporary Street Closing submitted by Nita Council Member Chandler moved to approve a Temporary Street Closing submitted by Nita Salmon for Southeast Park Salmon for Southeast Park Street between 2nd and 3rd Avenues on Street between 2nd and 3' Avenues on October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival for Joshua October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival Matute; seconded by Council Member Williams. for Joshua Matute -City Clerk (Exhibit 3). Council Member Markham remarked that he does not recall allowing for an independent person to have a fund raiser in the parks. City Administrator Whitehall clarified that Ms. Salmon is the applicant and contact person on behalf of the non-profit organization, and all requirements have been met. Ms. Salmon was present to address the Council and distributed copies of the non-profit organization "Joshua Matute Transportation Fund" documentation. She informed the Council of the situation concerning Joshua Matute and his family. They are in the process of relocating to Okeechobee to be closer to family who can assist with Joshua who is twenty-one years of age and has been diagnosed with Downs Syndrome, Cerebral Palsy and Hydrocephalus. His needs are great and Ms. Linda Matute is a struggling single mother. All proceeds from this fund raiser will be given to the family to help provide with his special needs and transportation. Ms. Salmon further explained that there will be a few food vendors, children's activities, OCTOBER 18, 2005 - REGULAR MEETING - PAGE 5 OF 7 VIII. NEW BUSINESS CONTINUED. B. Motion to approve a Temporary Street Closing submitted by Nita such as a Giant Sponge Bob, Clowns and the Romper Room at this benefit. Council Member Watford recommended Salmon for Southeast Park Street between 2' and 3' Avenues on that the vendors set up in the street and not in the park to avoid any uncertainty regarding whether their sales will be October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival for non-profit. Council Members Watford and Markham applauded Ms. Salmons efforts. for Joshua Matute continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C. Motion to approve a Temporary Street Closing submitted by First Council Member Chandler moved to approve a Temporary Street Closing submitted by First Baptist Church for Baptist Church for Southwest 6'h Avenue between North and South Southwest 6rh Avenue between North and South Park Streets on October 31, 2005 from 8:00 a.m. to 12:00 Midnight Park Streets on October 31, 2005 from 8:00 a.m. to 12:00 Midnight for a Community Fall Festival; seconded by Council Member Williams. There was a brief discussion on this matter. for a Community Fall Festival - City Clerk (Exhibit 4). VOTE KIRK = YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Motion to approve a reduction in parking for White House Plaza - The motion to approve a reduction in parking for White House Plaza was withdrawn from the agenda. Loris Asmussen, Engineer (Exhibit 5). E. Motion to approve a proposed contract for legal services submitted Council Member Chandler moved to approve a proposed contract for legal services submitted by Attorney John R. by Attorney John Cook - City Attorney (Exhibit 6). Cook; seconded by Council Member Watford. After reviewing the contract Mayor Kirk stated he found it to be fair. The contract is effective as of October 1, 2005. Attorney Cook has been instructed to bring back to the Council the costs for the professional liability insurance. This item will be discussed at a later date. Council Member Watford moved to amend the contract and delete the Professional Liability Insurance paragraph listed as 5 I: seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. OCTOBER 18, 2005 - REGULAR MEETING - PAGE 6 OF 7 401 1 �I VIII. NEW BUSINESS CONTINUED. E. Motion to approve a proposed contract for legal services submitted VOTE ON MOTION AS AMENDED by Attorney John Cook continued. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED AS AMENDED. Mayor Kirk stated that the practice of an annual evaluation for City Attorney Cook will be added to the agenda for the next meeting scheduled for November 1, 2005. F. Motion to reject all proposals that were submitted pertaining to Council Member Watford moved to reject all proposals that were submitted pertaining to building inspections services; building inspection services - City Administrator. seconded by Council Member Markham. There was a brief discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. G. Motion to approve renegotiated contract with Independent Council Member Chandler moved to approve a renegotiated contract with Independent Inspections, Ltd.; seconded Inspections, Ltd. - City Administrator (Exhibit 7). by Council Member Williams. City Administrator Whitehall remarked that this company has stepped up to the plate with their job performance and has done a great job. He noted that the non -compete provision has been changed from five years to twelve months. This provision states that the Municipality shall not employ/hire any inspector/employee who has provided inspection services of twenty-five inspections or more, or appeared before the municipal board for planning and zoning services during the twelve month period prior to termination of the employment with the Agency. Council Member Watford stated that this has been a year of circumstances over and above those of any normality for anyone in the building profession and that he has observed the good work that Independent Inspections has done for the City. Mr. Tom Forbes, Director of Florida Municipal Services, with Independent Inspections was present. He informed the Council that Independent Inspections is currently working Monday, Wednesday and Friday, with intentions of moving a full-time Building Official to Okeechobee. KIRK - YEA CHANDLER -YEA VOTE MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 402 Vill. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: H. Proposals for 2006 Police Cars. ITEM ADDED TO AGENDA: I. Financing Proposal for 2006 Police Cars. X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purp se of backup for official records of the Clerk. i-i � ATTEST: Lane `Gamiotea, MC, City Clerk Jame§ E. Kirk, Mayor OCTOBER 18, 2005 - REGULAR MEETING - PAGE 7 OF 7 Council Member Markham moved to award a police car bid to Florida Sheriffs Association, (Don Reid Dealer), in the amount of eighteen thousand, nine hundred eighty-three dollars ($18,983.00) per car, for twenty-four cars; seconded by Council Member Chandler. Council Member Watford stated he will be abstaining from the vote since the company he is employed with, Okeechobee Motor Ford Company, submitted a bid. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - ABSTAINED MOTION CARRIED. Council Member Watford moved to award financing of the 2006 Police Cars bid to Popular Leasing, in the amount of three thousand dollars ($3,000.00) per car/per year; seconded by Council Member Markham. Chief Police Davis informed the Council that the 2005 Police Cars have been sold. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRKADJOURNED THE MEETING AT 6:58 P.M. The next regularly scheduled meeting is Tuesday, November 1, 2005 at 6:00 p.m. *(Form 8B Memorandum of Voting Conflict Form completed for Council Member Watford and is on file in the Clerk's Office). 1 �I AFFIDAVIT OF PAISHER 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 Regular Meetina Notice PO #12896 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 10/13/2005 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. 0 CTfy COUNCIL REGgLAR:MEETING NOTICE _ 18, 2605, 6:00 p:ii at City Hall, SS' SE 3rd Avenue, Rm'.200, Okeechobm Florida, The public is invited and encouraged to attend. For a copy of the agenda' contract City: Advmnis- -nation at.(863) 763-3372 x�212. " PLEASE:- .,TAKE :NOTICE AND BE ADVISED that if any person desres to ap. peal any decisimi'made'by..the CntyXounenl with respect; to.airy;tnata co at this meeting. -such::: ateroted:peisos" SviR-need a record of the -proxedmgs;'. and for"smii:.pur-I .pose my need to ensure it verbatim record ofthe.proceedrm is made..which .record ia-.. the appeal s-to.:be based Tapes we tined for the sole purpose of back-up for the Clerk's DtGce. In accordance with tbe;Amvicans with Disabilities Aci.(ADA) and-,Flonda'&atute 286`.26, "persmn with disabilities needirrg'epe- cial aaararnodaton to partiripate in this`pro- ceedmg should contact Lane' Gamiotea; .no 1 low thin two,:(2)..wotl®g.Aays„R to the Proceeding at 863-763-3372 x 214; if you, we hearing.: or voice unpaired, call TDD, 1-800- 222-3448 (voice) or 1-888-447-5620: (TfY). by: James E,Kirk, Mayor... Lase Gandatea, CMC, City'Clerk PUBLISH 10/13400S OKEEGHOBEETDdES James 4.6Hughes, Jr., (Publisher) Sworn to and subscribed before me �} this / 3 7A day of 1),44 A.D. 2005 (SEAL) Notary Public SYP�e,, RosealeeA.Brennan =_ �I = Commission #DD318483 �.. Q Expires: Jun 25, 2008 �TPOF F�OQ• Bonded " Atlantic Bonding Co., Inc. 01 0 Page -1- Tape 1 side A CITY OF OKEECHOBEE - October 18, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk October 18 2005 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Pastor Hudson gave the invocation in Pastor Duane Eatmon's absence. Treasure Island Baptist Church: Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson Absent X X X X X X X X X X X X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the October 4, 2005 Regular Meeting as amended (B. 2. c Motion as amended for Ord 917, Vote on Markham and Watford will be changed to reflect a yes vote. And J Motion regarding Brentwood, vote on Watford will be changed to reflect a no vote.); seconded by Council Member Williams. Markham clarification Item I, OKMS green market vendor, every week and forever or just one month. DW proposal was starting in November and seasonal, not year round, end at Easter maybe. LM I cannot make a motion for clarification but whoever voted for it. Can be handled when quarterly report is given. November to April or March is usually the season. LM have it put on the agenda at next meeting immediately following when they give their quarterly report. Watford go on record for clarification about quote that was in local paper, alcohol sales. LW something that could be clarified at the 11/1 meeting when Maureen gives the quarterly report/update? JK - yes we could clarify it then, good idea, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. WARRANT REGISTERS - City Administrator. A. Council Member Watford moved to approve the September 2005 Warrant Register in the amounts: General Fund, three hundred eighty-seven thousand, two hundred seventy-four dollars and twenty- three cents ($387,274.23); CDBG Fund, twenty-two thousand, eight hundred twenty-three dollars and Page -2- eighty-five cents ($22,823.85); Industrial Development Fund, one thousand five dollars and twenty- eight cents ($1,005.28); Public Facility Improvement Fund, three hundred thirty-four dollars and eighty cents ($334.80); Law Enforcement Special Fund, two hundred dollars ($200.00); seconded by Council Member Markham. No discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Remove Item: D Adding Items: H and I. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. A.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 916, Rezoning Application No. 05-010-R, submitted by Herbert and Rachel Phillips - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. 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) Attorney Cook read proposed Ordinance No. 916 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 916; seconded by Council Member Chandler. b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 11 and 12 of Block 17, South Okeechobee, for property located at 1212 South Parrott Avenue from RSF-1 to CHV. The application was submitted by property owners, Hubert and Rachel Phillips. Clerk to report: • All fee's have been paid. • The ordinance was advertised appropriately (Okee News, 10R). i The Planning Board voted unanimously to recommend approval (Sept 27 Meeting). ® Planning Staff is recommending approval. ® The General Services Department mailed 19 courtesy notices to the surrounding property owners, with no response to date. i The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Planning Staff report findings (add here) 0 0 • Page -3- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. VIII. NEW BUSINESS. A. Council Member Chandler approved an Interlocal Agreement for a Use of Alley with the County regarding the Methodist Church Parking Lot, - City Attorney (Exhibit 2); seconded by Council Member Markham. Brief discussion finally got to us. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B. Council Member Chandler approved a Temporary Street Closing submitted by Nita Salmon for Southeast Park Street between 2nd and 3d Avenues on October 29, 2005 from 7:00 a.m. to 4:00 p.m. for a Benefit Festival for Joshua Matute - City Clerk (Exhibit 3); seconded by Council Member Williams. Markham, don't remember ever doing an independent fundraiser in the parks. Brian, submitted they are a non profit organization, insurance coverage, met charitable, application doesn't really explain to detail, food vendors, children activities, having said that we probably need some definition as to what is allowed, gray area, in light of last city council meeting action broader interpretation as to what is allowed in the parks. Watford, is for a individual, it is a non-profit. Kirk, disclose discussed along with Chandler, Watford and Williams. DW don't have a problem with it. Talked with applicant, still the issue of what vendors can be there, agree with administrator, although maybe we gave an indication, that was for one organization, need to give staff better direction what will be allowed, the applicant would probably want that clarified as well. Kirk, what vendors will be there? DW food vendors that are for profit, although they are donating their profits that day. They could set up in the street instead of the park. LM what non profit are they affiliated Nita Salmon, purchase a van for parents, moving to Okeechobee, single parent, had raffles, car washes, 2 food vendors, Cammey & Robin, 1 professional, one not, and Scott not professional, clown and romper room donating time and items for fun. Giant sponge bob, LM ABC restaurant will not be setting up in the park? No Pulling up in the parking spot, not in the park, 100% goes to the fund, no one will be making profit during the festival. LM now I understand more, what the non-profit, not against everything going in the park, we are going to have more stuff coming, this is very good, she has done her homework, need to have the administrator give us everything before they get it, its not always a walk through. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X Page -4- WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Council Member Chandler approved a Temporary Street Closing submitted by First Baptist Church for Southwest 61h Avenue between North and South Park Streets on October 31, 2005 from 8:00 a.m. to 12:00 Midnight for a Community Fall Festival - City Clerk (Exhibit 4); seconded by Council Member Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. A motion to approve a reduction in parking for White House Plaza - Loris Asmussen, Engineer (Exhibit 5) was withdrawn from the agenda. E. Council Member Chandler moved to approve a proposed contract for legal services submitted by Attorney Cook - City Attorney (Exhibit 6); seconded by Council Member Watford. Watford, so we'll all understand, 5.a. annual increase equal to what other employees have,1.5% percent. That is new. 5.k. clarify? Cook, recent case, hourly rate approved by council, if attorney fees paid by person on other side of suit, demonstrate to court if court awarded attorney fee's can ask for more. I. city provide professional liability insurance? Cook, never been an issue, Williams brought up, can defer until costs confirmed within a week or so and don't now how policy worked out, M. We do now N. New? No, city does now. Independent contractor, not a regular employee. Insurance liability insurance city pays for. 13. 14. Is new for severance packet, Markham, have extra money, still in effect along with this contract? Yes in addition to monthly fee. If time not put in, money stays. Kirk, money in budget to cover this? Cook, never spend entire legal budget, paid part of Bettye Taylor worker comp claim, goes to various needs from time to time, addition won't make that much of a significant dent Kirk, request looks reasonable. Cook 3'd increase since 1988. Watford so big decision is auto pay increase, professional liability insurance and severance package. Watford, How long? No ending date. Cook, Leave out and when we find out dollar figure. $300.00 per month. Kirk, Is it needed? DW that was my question. Cook, when I get the quote back I'll let you know. Watford, amend it to read Professional Liability Insurance if budgeted or may or might. Kirk, may is good then we are not obligated, can go back and add, just take it out and if he wan Council Member Watford move to amend the original motion to approve the contract, to delete the Professional Liability Insurance; seconded by Council Member Markham. Motion to amend Vote all yea. Cook, Oct 1, 2005 is effective date. DW severance portion is fair? Kirk I think its fair, as long as he's doing a good job we're not doing anything. Markham, do we get to evaluate him? Kirk, don't have to put in contract, we could and should evaluation him when we evaluate the administrator. Instruction to clerk - put on Next agenda - evaluation attorney same time as administrator. 0 Page -5- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED AS AMENDED. F. Council Member Watford motioned to reject all proposals that were submitted pertaining to building inspection services - City Administrator; seconded by Council Member Markham. Watford, firm in opinion, non compete clause would not be acceptable. That's right. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. G. Council Member Chandler motioned to approve re -negotiated contract with Independent Inspections, Ltd. - City Administrator (Exhibit 7); seconded by Council Member Williams. Watford exactly what we have now except %? Brian yes, non -compete provision, old is 5 years, now 12 months, big improvement. Watford, from what I've heard they do good work for us, no particular complaint, Brian, set up to the plate, 30-45 days stepped up, renegotiated fee's to some extent, trying to meet us. Watford, past year trying on anyone in building professional, we've had circumstances over and above those. Chandler, someone calls for inspection what is time? Mon, Wed, Fri, moving someone to Okeechobee. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: H. Watford, need to be clarified that the FL Sheriffs Association Government is a firm bid, the dealer Don Reid Dealership. Council Member Markham moved to award a police car bid to Florida Sheriffs Association, in the amount of $18,983.00 per car, for 24 cars (Exhibit 8); seconded by Council Member Chandler. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X (Form 813 completed & on file) L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: I. Council Member Watford moved to award a finance 2006 Police Cars bid to Popular Leasing in the amount of $3,000.00 per car (Exhibit 9); seconded by Council Member Markham. 2005 all sold already. VOTE YEA NAY ABSTAIN ABSENT CJ • KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 6:58 p. m. Page -6- i i Page -1- Tape 1 side A CITY OF OKEECHOBEE - October 18, 2005 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: Kirk October 18 2005 City Council Regular Meeting Meeting6: 00p.m... ILfi`SNvu C Icu�JhA'p Al Zaren �/ IL OPENING CEREMONIES: Invocation given by Pastor Dwa4Tl G4uf4r Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson I IV. MINUTES - City Clerk. A. Council Member �� %� moved to dispense with the reading and approve the Summary of C uncil Action for the October 4, 2005 Regular. Meeting; seconded by Council Member GV �trC ins, [�. . (�. 111r�-2OLINJU . �(- ` � , c,yl i,��t i id - `�1� VOTE YEA NAY ABSTAIN ABSENT 1 KIRK gl�.kt�-t�e� CHANDLER /ne MARKHAM WATFORD � �i Auta,( � L. WILLIAMS MOTION: DENIED/ CRRIED�1 2(( V. WARRANT REGISTERS -City Administrator. r� `�LL � �'`' `Lt E �� ` 'l j ,/U lurxt„Xis ��C,^ t- 0 S A. Council Mem ber �' moved to approve the September 2005 Warrant Register in the amounts: GenerM Fund, three hundred eighty-seven thousand, two hundred seventy-four dollars and twenty-three cents ($387,274.23); CDBG Fund, twenty-two thousand, eight hundred twenty-three dollars and eighty-five cents ($22,823.85); Industrial Development Fund, one thousand five dollars and twenty-eight cents ($1,005.28); Public Facility Improvement Fund, three hundred thirty- four dollars and eighty cents ($334.80); Law Enfor ement Special Fund, two hundred dollars ($200.00); seconded by Council Member r ' eadt°(, �/ f le,(' L Page -2- VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENI YEA NAY ABSTAIN ABSENT VI. AGENDA - Mayor. A. Requests for the addition, deferral or writhdrawal. of items on today�'s(a�genda,.. ^ VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member moved to read by title only proposed Ordinance No. 916, Rezoning Application No. 5-010-R, submitted by Herbert and Rachel Phillips - City Planning Consultant (Exhibit 1); seconded by Council Member iA)&Pj r,(,V-k Z b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT_ KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/ ARRIED. c) Attorney Cook read proposed Ordinance No. 916 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHID ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 916; seconded by Council Member b) Public comments and discussion. This Ordinance amends the Zoning designation on Lots 11 anc property located at 1212 South Parrott Avenue from RSF-1 to CHV. owners, Hubert and Rachel Phillips. 7 11C C) Vote on motion, VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ RRIE . 12 of Block 17, South Okeechobee, for The application was submitted by property MAYOR KIRK CLOSED THE PUBLIC HEARING AT & ' p.m. • • Page -3- VIII. NEW BUSINESS. A. Council Member � � approved an Interlocal Agreement for a Use of Alley with the County regarding the Methodist Church Parking Lot, - City Attorney (Exhibit 2); seconded by Council Member rgi1,. L4i 4 Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD LARRIED. L. WILLIAMSN: MOTIODENIE 0 • Page -4- B. Council Member flJ jLJapproved a Temporary Street Closing submitted by Nita Salmon for Southeast Park Street between 2"d and 3`d Avenues on October 29, 2005 from 7:00 a.m. to 4:00 p.m. for enefit Festival for Joshua Matute - City Clerk (Exhibit 3); seconded by Council Member Vote on motion. VOTE KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED RRI i • Page -5- C. Council Member ` ^ � approved a Temporary Street Closing submitted by First Baptist Church for Southwest 6th Avenue between North and South Park Streets on October 31, 2005 from 8:00 a.m. to 12:00 Midni for a Community Fall Festival - City Clerk (Exhibit 4); seconded by Council Member ` Vote on motion. VOTE KIRK CHANDLE MARKHAA WATFORC L. WILLIAI MOTION: Page -6- D. Council Member approve a reduction in parking for White House Plaza - Loris Asmussen, Engineer (Exhibit 5); seconded by Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. u • Page -7- E. Council Member moved to approve a proposed contract for legal services submitte Agorney Cook - City Attorney (Exhibit 6); seconded by Council Member �� (�- fit' �.e � ✓� C�i� �=� � �'�.f-� �: ct . C L- t v (�Gz b' LcY �� G�—P C�� /!l F�%c �.t e/ O'✓1/E;e� ��c f Vote on motion. VOTE KIRK CHANDLEI MARKHAN WATFORC L. WILLIAI MOTION: Page -8- motioned to reject all proposals that were subs i ted pertaining F. Council Member - Y Y ��: - to building inspection sere ces - City Administrator; seconded b Council Member Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK .CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIELRRIED. Page -9- (1jQ-1motioned to approve re -negotiated contract w'th Inde endent G. Council Member Inspections, Ltd. - City Administrator (Exhibit 7); seconded by Council Member 4z, pe�� I� l t�# t !� Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIEDICARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT P. M. t441 lord I�A CITY OF OKEECHOBEE OCTOBER 18, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 1. CALL TO ORDER - Mayor: October 18, 2005 City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Duane Eatmon, Treasure Island Baptist; 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings • Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 4, 2005 Regular Meeting. OCTOBER 18, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. WARRANT REGISTER - City Administrator. A. Motion to approve the September 2005 Warrant Register. General Fund $387,274.23 CDBG Fund $ 22,823.85 Industrial Development Fund $ 1,005.28 40 Public Facility Improvement Fund $ 334.80 Law Enforcement Special Fund $ 200.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mi. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by titre only proposed Ordinance No. 916, Rezoning Application No. 05-010-R, submitted by Herbert and Rachel Phillips -City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 916 by title only. 2.a) Motion to adopt proposed Ordinance No. 916. (Planning Board recommends approval) b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. OCTOBER 18, 2005 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VIII. NEW BUSINESS. A. Motion to approve an Interlocal Agreement for a Use of Alley with the County regarding the Methodist Church Parking Lot - City Attorney (Exhibit 2). B. Motion to approve a Temporary Street Closing submitted by Nita Salmon for Southeast Park Street between god and 3'd Avenues on October 29, 2005 from . 7:00 a.m. to 4:00 p.m. for a Benefit Festival for Joshua Matute - City Clerk (Exhibit 3). C Motion to approve a Temporary Street Closing submitted by First Baptist Church for Southwest 61h Avenue between North and South Park Streets on October 31, 2005 from 8:00 a.m. to 12:00 Midnight for a Community Fall Festival - City Clerk (Exhibit 4). D. Motion to approve a reduction in parking for White House Plaza - Loris Asmussen, Engineer (Exhibit 5). E. Motion to approve a proposed contract for legal services submitted by Attorney John Cook - City Attorney (Exhibit 6). F. Motion to reject all proposals that were submitted pertaining to building inspection services - City Administrator, G. Motion to approve re -negotiated contract with Independent Inspections, Ltd. - City Administrator (Exhibit 7). • IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. • The Okeechobee News P.O. Box 639, Okeechobee, F�rida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared, Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of CIAL PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE that the City Council of the City of Okeechn October 18, 2005 at 6:00 p.m. oras soon thereafter 3rd Ave.; Okeechobee, FL conduct a PUBLIC HEARID JMMU 11131KIGr, AMENDING THE ZONING MAP ACCORDINGLI 3R CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE Ordinance is regarding Rezoning Application No. 05-010-R: The change the zoning desfanation from Residential smnis Family-n Pagenl2; Pube1c e: cords, Okeechobee Co�intylFlorida. utlr Okeechobee, Plat Bo( VI membersof th�e ppublic are encanged to attend and participate in said hea The proposed l)rd'ulance may be inspected in its entirety by members of the lic in the Office of the C'ddyy Clerk during regular business hours, Mon 8am-4:30�n' except for holidays. 'LEASE TAKE NOTICE AND BE ADVISED that If any person deskes to appeal decision made by the City Council with respect to any matter considered at hearing, such Interested person will need a record of the proceedings, am such purpose may need to ensure a verbatim record of the proceedings is in which record Includes the testimony and evidence upon which the appeal is t .based. City Clerk tapes are for Vie sole purpose of backup for official recorc the Clerk. i accordance with the Americans with Disability Act (ADA) and Florida Stat 286.26, persons with CisabiN6es nearing special accommodation to participa this proceeding should contact Lane Gamiotea no later than two (2) working n prior to the proceeding at 8 3-763-3372 x215; tt hearing or voice impaired, TOO1-800-92-3448(vak1 or1-688-447-5620(TTY). ace Gamiatea, CMC, CITY CL RK 9621 ON 1017/05 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo to a subscri fore me this % " day of A.D. 20 -S Notary blic, State of Florida at Large ,241-- ! sLBrown Conninission 001272118 Expires: Jan 17, 2008 Bonded Thru "' Atlantic Bonding Co., Inc. ExHIBIT 1 OCTOBER 18, 2005 ORDINANCE NO. 916 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owners, Hubert and Rachel Phillips, of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 05-010-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.7 acre(s) from Residential Single Family -One (RSF-1) Zoning Districtto Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before 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 Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 11 AND 12, BLOCK 17, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 37, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 1, PAGE 12, 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 Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4th day of October, 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 18" day of October, 2005. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fag: (863) 763-1686 Date: etitionNo. © -0 10_ Fee Paid: �� jurisdiction: CC 1st Hearing: CJ I a1 105 2nd Hearing. IQ 10 $ Publication Dates: Notices Mailed: CI q Uniform Land Use Application Re7ane • Special Exception • Variance ✓ rName of property owner(s): f� S. [ i A Owner mailing address: �)2 e L 3 -I P` F Name of applicant(s) if other than owner (state relationship): Y. I__, Applicant mailing address: N r C A€ Name of contact person (state relationship): '.sla�. . ea N T.::` Contact erson daytime hone(s). - p - Fax: D ✓ Property address / directions to property: IV2 S . Q Indicate current use of property:U V4 Describe improvements on roperty, including number/type of dwellings and hether o cupiedJnone, so state) App oximate number of acre _I s property in a ed subdivisi n? P_ Is there a current or recent use of the roperty that is/was a violation of county ordinance? If so, describe: IV 'Y R O` P. Have there been any Iand use ap lications conce 'gal or p of this prope in the last years If so, indicate, date, nature and applicant's name: PICAn Is a sale subject to this application being granted? T' Is the subject parcel your total holdines at tat location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: South:UgMEast: C _st: Existing zoning: _ I Future Land Use classification: _ Actions Requested: Rezone ( _) Special Exception (_� Variance Parcel Identification Number: Uniform Land Use Application (rev. 1103) Page 1 of 2 Requested zoning classification Current zoning classifica on• — q What is your desired permitted use under the proposed classification: ' Q r If granted, will the new zone be contiguous with a I&e zone? Is a Special Exception necessary for your intended use? Variance. Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: Describe physical characteristic of property thatmakes variance necessary: Did you cause or contribute to the characteristic? Is so, describe: What is the minimum variance necessary? Uniform Land Use Application (rev. 1/03) Page 2 of 2 August 2, 2005 City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Magic Mile Dairy Queen 1212 South Parrott Avenue Okeechobee, FL 34974 Job: Magic Mile Dairy Queen Re.: Petition of Rezoning -Statement of Interest -Statement of Special Reason and Basis for Request -Statement of Intended Use, Nature of Activities and Development of Property Dear Reviewer: The Magic Mile Dairy Queen located in Okeechobee County has been in business since1985, after being in business for twenty years now we are planning to remodel the existing building during a conversion to a Dairy Queen Chill and Grill. The remodeling will be within the footprint of the existing building. The developer proposes to reconfigure the parking area for safety reasons by relocating the travel lane adjacent to the building to the North, which will keep patrons from crossing the travel lane. On August 3rd 2004, the City of Okeechobee passed Ordinance No. 866 which prohibits commercial landusers from using land zoned RSF-1 as parking. We were advised after submitting our application to site plan review that the city is requiring rezoning as businesses submit various applications to the City. Therefore, we are submitting the rezoning request to change the zoning from the existing single family residential to commercial zoning so our patrons can park in the rear parking area. If you should have any questions or comments, please do not hesitate to give us a call Sincerely, Hubert S. Phillips IdRachel D. Phillips l.00 WARRANTY DEED 77dslndmave made this 1'*4 Clay GISOP Wnber.lM, BETWEEN BILLY J. HATCHEL BW CARRIE L- HATCHET, his wirg of 603 SW 10TH AVENUP- OKEECHOBEF_ FL 34974 GRANTOR', and MAGIC MILE DAIRY QUEEN, INC. of 5217 147H STREET vim. BRADENTOXFL 3CW GRANTEE*, W ITNESSErmThumaid cjnmmwjDr _d imc_dderadmattbe 'c =.Twj a0d Vuhl" wmskka6,,= .h Stall-d '* -d P-mr iG kvW pdd by =W ANDW=S(SW,00) D-b- .d W" V.ld = Vaulec OW grame's h4m fomvvr the - ==-"d ➢ -tombw grimed is the C6w*Y0f0KEEC140BEE: LOTS 5. 6.11 AND lZ BLOCK 17. SOUTH OZEECHOSEE, AeMpMING RECORDED lN PLAT' BOOK 3. PAGE 37, PURUC RFXOpMS OF TO THE PLAT THEREOF sr LUCIE COUNTV FLORIDA. A COPY OF SAID PLAT BEING Also RECORDED INNPLAT RECORDS OF OKEECHOBEE COUNTY, FLOPJDA- 1300K 1, PAGE 12, PUBLIC SUWECTTO RESERVA77ONS. RESIMCrIO14S AND EA5ENDENTS OF RECORD. IF ANY. :=P-rr d-a h—by funywwram the tft to said WA Ild a defdthe 3ww apWu be la.h c 'bims of an Frrsmfs ,Skw-&r aw Phu* ambunmimleame ascoofta V—'Sb-d and ---W:bh day a»dy.. fi..b. rift. ESS MNMOQ'mat 1 EEREBY CERTIFY Ow cM pvt pcl..1=114 I d3y of Sc;�, :MSM—d =A;r. 8M Wam wc� An Ofttr duly VOW w takc ackmojrd.... "m" lba fi. CARME I- HATOEMim wffo'*'O* wba tha InsmuOmM and lantu"Odpd begcv Mp that IkY 11111d ft saw. 4L JOnN PrtP2md by and Remm T,, It CASSEL& At. PaftalkeBagia 0k—h0bc'-FJ0rWx 3W3 'a I FUCT.",b,,�-3M IM lutl)33 A mvm G110-111 ll"rne a3mo Nol am soft Engineer's Report City of Okeechobee Plan Approval for Magic Mile Dairy Queen Okeechobee County, FL Prepared June 13, 2005 Revised August 2, 2005 By: Steven L. Dobbs, P.E. # 48134 Rudd Jones, P. E. & Associates, P. A. 210 Northwest Park Street, Suite 204 Okeechobee, FL 34972 • Purpose: The purpose of this report is to provide the City of Okeechobee with the calculations and documentation necessary to demonstrate the proposed site modifications complies with state and local criteria. Proiect Description: The site is approximately 0.69 acres in size and is located in Section 21, Township(Parcel 37 South, Range 35 East 21-37-35-0040-00170-0050), Lots 5, 6, 11 & 12, Block 17, South Okeechobee. The current discharge is an ction ing, Parking area, pole trench with three ntion arenwith We age offsiteto Wolff Sg a lough. gh. Thedrdrainage calt for cuulations and area, pole barn, and dry routing will cover water quality for the proposed site improvements. The Soils Map for Okeechobee County indicates that this parcel's soils are made up of Immokalee Fine Sand soils, which are very poorly drained in the natural state. However, the City of Okeechobee's drainage system has been improved and these soils will be treated as a better drained soil. There is currently no provision for offsite drainage until the exfiltration trench system is overwhelmed and drainage sheet flows into adjacent streets. Proposed Use: The developer proposes a remodel of the existing building during the conversion to a Dairy Queen Grill and Chill. This remodeling will be within the footprint of the existing building. The developer proposes to reconfigure the parking area for safety reasons by relocating the travel lane adjacent to the building to the north, which will keep patrons from crossing the travel lane and provide additional drainage on -site. Parking Considerations: There are currently 34 parking spaces provided. The existing building is 2,375 square feet and the courtyard is 927 square feet for a total of 3,302 gross square feet. Based on the City's requirement for 1 parking space for every 75 square feet of building space, the total required parking is 44. The future 44 spaces required for the 3,300 gross square footage cannot be met with the revised parking alignment_ The proposed parking layout provides an additional parking space for a total of 35 parking spaces provided on -site. Due to the safety considerations for the patrons, a 20% parking reduction has been filed with the City for their favorable consideration- 2 .. LOT 10 LOT 4 �:. MOTEL CMF No. 4276 I I RBF N/Cap No.337Z Wire FC:0.3'N. Cha I n I i nk Ends: 0. 5' E. , 0. 5' S. W I RE FEnCE N89° 59' 19' E 300. DT (F) 300' (P) Cha I n I Ink . 2' S. S: .. . GE-WEIR, �E/"'/ / '; : i / /' /' i L l `T� "E /,Zz •�iJl"h76TER� �.......... ..� / ////// ///A✓6�hi A%// ,//' /"/ �, / /��' / ` / / / / %/ ,% / / ,e,/Llm/iT i / /c'ti ............................. ' L I TE / / / / 17. i 0 38 4 o' _i/N. .... PHO('IE w . PARKIN6'SPACES=,:�i' �=�HDC S�CES ,..............1.�. N ; / / �LA., U- . • I —GTY. REGTAURAMT O G I Gno ......:GOL1f�TYAfZD'.'.'.3. - — "'.' LIG LP PLAT ITEM �R�^ wELL W... - LOT 6 0 I..:... o�......... .. .. IT 61 Gli x 28.6' 34.9' LL'i9.6' .. — — — j/ l i i '...:.:.:..:.:.........'..'..'.'.'..I.'.�'.®..'.'..`. ' corfci TE..17f .I VE '. ' ' ' ' �I /' ABPHtiLfl ' P;K,-7(PA��F�/ pp '' '''/ / FH ..... . .... OLITE OVERHANG:OXN. \ OVERHANG 0.3'N. o WM 1 J//�/ i N90° 00' 00' E ( ASSUMED) 300. 02"(F) 300' (P) EDGE PAVEME-rlT Q W. 13114 GTREET 6TH GTREET [P ) 40'R/W - ASPHALT HOLE Fd. I n Conc. p .�s, 0 d 0 • Aesthetics: Below are some pictures of existing Grill and Chills and what the remodeled building will look like. Daylight view Ol a aurm m -"... Drainage Considerations: According to the attached report by Technical Inspections, Inc., the existing exfiltration trench from the inlet north of the building to the west inlet at the back of the parking area is approximately 200 feet and shows the south inlet in the drive thru is tied into this line to the north. The existing system is approximately 250 long and given the infiltration rate of 2.89 x 10-04 cfs/if — ft head fron the attached report prepared by A. M. Engineering and Testing, Inc. and using a safety factor of 2 should provide protection of 1.8 inches of the first hour of rainfall for the site, which is less than the required 2.5" times the percentage of impervious area for water quality. An exfiltration trenches design is based on the first hour of rainfall under the given conditions due to ground water mounding and the rapidly changing conditions associated with additional rainfall a rated protection for additional rainfall past the first hour would be a guess at best. To improve the capacity of the existing exfiltration system, the developer is installing an additional drainage inlet and an additional 110 feet of exfiltration trench, which will be tied into the existing system. This should provide an additional 0.7" of protection to bring the total protection for the site to 2.5 inches. Technical Data Commercial Site Total Site Area: Project Drainage Area: Project Drainage Area: Drainage Basin Total Drainage Area Total impervious Area Total Pervious Area A. Water Quality 0.69 acres 0.69 acres Pervious Impervious Total 0.17 acres 0.52 acres 0.69 acres 0.17 acres 0.52 acres 0.69 acres 0.52 acres (751/6) 0.73 acres (251/6) Water quality treatment is provided in the form of exfiltration trench for the project drainage area. Water quality calculations are provided as follows: For Drainage Area: Req. WQ Volume = 1" * (0.69) * (1712") = 0.06 Ac-Ft; or 2.5" x % impervious x WQ area/12 = 2.5"(0.52 acres/0.69 acres) x (0.69 acres)/12 = 0.11 acre-feet. 0.5" of dry pretreatment = 0.5" * (1.37) * (1712") = 0.06 acre-feet. Since the invert elevation of the exfiltration trench is above the wet season water table, the system meets the dry detention criteria as specified under Section 5.2.1 of the SFWMD's Environmental Resource Permit Information Manual Volume IV. B. Water Quantity This project is an existing site with no means of controlling storm water above the exfiltration trench described above. Storm water in excess of the exfiltration trench designed for 2.5" of rainfall will sheet 4 flow into the adjacent streets as is currently the case, however, since additional exfiltration trench is being installed, the future quantity flowing offsite will be reduced. Off -site Drainage: This is an existing system with no impacts to the perimeter of the site so no off -site drainage is anticipated to be impacted from this construction. Environmental: There are no environmental impacts expected from this construction. Constriction Recommendations: Run-off and any water generated by short-term dewatering generated during construction shall be contained on -site. However, there is some potential for transport of sediment to off -site areas should heavy rainfall occur. We therefore recommend installation of temporary silt fence around the entire construction area during site work to reduce the potential of any off -site transport of sediment or turbidity. Conclusions: In my professional opinion, the proposed construction should have no impact to existing drainage patterns off -site and should have no impact on off -site areas. The recommendations above should be followed during and after the site work until such time as the ground surface has been adequately stabilized to prevent the off -site transport of any soil or suspended solids. The proposed design and construction will meet all local, state and federal requirements. +l � v Y a 0!b QV&S M roroc !. 60 00'OWEalalong KR/M LIL „MeasStrout. L This survey Is Weed on Inforeatlon provided by the custoaer/avert and no $larch use Bade of public records by 35 0 35 this office to verify or deny o$nort, anounle.oerlghl-oi Bap. SCALE 91gIN 3. No visible or under grand leproveunt his been located except is $hewn. e. This survey le not valid without the signature and the ON Inal raised Beal of a Florida ecooled ELEn/ATIQTG ARC rIGVD 1929 DATUM Surveyor and Kopper. S. According to FIRN sap dated 2/04/011 panel a l20177 02M parcel IIn In Not Included Area of City Limits, Flood Zone C. per Okeechobee County 1WOpMPHIM alemr an Pinning S Zoning Department. LOTS S. 6,H B it BLOCK U. SOITN OKIMB- & Property Address le: BEE, according to the plat thereof am re- !2!2 S. Parrott Avenue, aeachobeo, FL 7. There may he additional restrictions corded In Plat gook 3. Peg)s� 37, Public of or 5 etloelCnepqnileolnedaAea that are not recorded on this survey RRecn In Plat Book 1, Page L2.PubI lc Records of III Bay be found In the RAIIc Records. Okeechobee County, Florida. G IL le.!'IN CTMT ti 6TH GTTdfT I P 1 1Q' WWI - ASPHALT �€99 9 cd • 1375 Jack Street, Suite 206 Fort Myer�lorida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(&,,att.net Staff Report Rezoning Request t 'Pa'r Prepared for: The City of Okeechobee Applicant: Hubert & Rachel Phillips From: RSF-I To: CHV Petition No. 05-010 R • 0 Staff Report Applicant: Hubert & Rachel Phillips. Petition No. 05-010-R Rezoning Request Applicant: Applicant Address: Hubert & Rachel Phillips 1212 S. Parrott Avenue Okeechobee, FL 34974 Applicant Phone Number: Contact Person 863-467-0076 Steven Dobbs P.E. Owner: N/A Owner Address: N/A Existing Proposed Future Land Use Map Commercial mml� Same Classification Zoning District RSF-1 CHV Use of Property Restaurant Restaurant Acreage 0.7 0.7 Access S. Parrott / 441 S. Parrott / 441 Location: 1212 S. Parrott Ave. Okeechobee, FL 34974 Legal Description: LOTS 5, 6,11 & 12, BLOCK 17,SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 3, Page 37, Public Records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 12, Public Records of Okeechobee County, Florida. The applicant is requesting a change in zoning for the rear lots of the property which are part of a site plan for an expanded Dairy Queen restaurant. The lots will be used for parking and now have RSF-1 zoning which is not allowed to be used for commercial parking. Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CHV (Heavy Commercial) Single Family Residential North: East: Future Land Use Map Classification: Parrott/441 &then Commercial Zoning District: CITV Existing Land Use: Commercial u Staff Report Rezoning Request Applicant: Hubert & Rachel Phillips. Petition No. 05-010-R South: Future Land Use Map Classification: Commercial Zoning District: CHV Existing Land Use: Commercial West: Future Land Use Map Classification: Commercial Zoning District: CLT Existing Land Use. Commercial A site plan has been recommended for approval by the City staff (TRC). The subject parcel is part of the restaurant improvements and must have proper commercial zoning. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use is Commercial and these lots (used for parking) will be consistent, if the rezoning is granted. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Parking is allowed and authorized by the CHV zoning district. 3. The proposed use will not have an adverse effect on the public interest. The zoning and use will be a positive effect for the public. 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 (CHV) and parking as a use are appropriate for the location as proposed. 2 • • Staff Report Applicant: Hubert & Rachel Phillips. Petition No. 05-010-R Rezoning Request 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The parking is included in an approved site plan and the rezoning removes present inconsistencies. 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 Buffering will be a part of the site plan requirements. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. There is no density involved in this request. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The impacts for traffic should be minimal. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. There are no inordinate restrictions for this proposed use and rezoning. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezoning would not be a privilege. For the above reasons the rezoning is consistent with The City's Comprehensive Plan and should be approved. 3 • • Staff Report Applicant: Hubert & Rachel Phillips. Petition No. 05-010-R Rezoning Request Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to use the subject parcels as parking areas for the Dairy Queen. Submitted by: James G. LaRue, AICP Planning Consultant September 9, 2005 4 er 27, 2005 - Planning Board - Page 2 of 3 IV. NEW BUSINESS. A. Rezoning Petition No. 05-010-R. Consider a recommendation to the City Council to rezone Lots 11 and 12, Block 17, South Okeechobee, from Residential Single Family - One (RSF-1) to Heavy Commercial (CHV). The subject property is located at 1212 South Parrott Avenue. The property owners and applicants are Hubert and Rachel Phillips. 0 Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: A site plan has been recommended for approval by the City staff (TRC). The subject parcel is part of the restaurant improvements and must have proper commercial zoning. Planning Staff Report Analysis: (A) The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use is Commercial and these lots (used for parking) will be consistent, if the rezoning is granted. (B) Parking is allowed and authorized by the CHV zoning district. (C) The zoning and use will be a positive effect for the public. (D) The zoning (CHV) and parking as a use are appropriate for the location as proposed. (E) The parking is included in an approved site plan and the rezoning removes present inconsistencies. (F) Buffering will be a part of the site plan requirements. (G) There is no density involved in this request. (H) The impacts for traffic should be minimal. (I) There are no inordinate restrictions for this proposed use and rezoning. (J) The rezoning would not be a privilege. Planning Staff Report Summary and Conclusions Prior to Certification: For the above reasons the rezoning is consistent with The City's Comprehensive Plan and should be approved. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the applicant to use the subject parcels as parking areas for the Dairy Queen. There were no pubic comments, nor any discussion from the Board. Board Member McCoy motioned to recommend to City Council to approve Rezoning Petition 05- 010-R, changing the zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Board Member Whidden. ber 27, 2005 - Plannine Board - 3 of 3 IV. NEW BUSINESS. A. Rezoning Petition No. 05-010-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Cook, Secretary William Ledferd, Chairperson VOTE HOOVER - YEA K. KELLER - YEA LEDFERD - YEA MAXWELL - YEA MCCOY - YEA WHIDDEN - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:45 p.m. 0 0 ExnIBIT 2 INTERLOCAL AGREEMENT OCTOBER 18, 2005 USE OF ALLEY THIS AGREEMENT, by and between the CITY OF OKEECHOBEE, FLORIDA, a Florida Municipal Corporation, 55 SE 1 Avenue, Okeechobee, Florida 34974 (hereinafter "CITY"), and OKEECHOBEE COUNTY, apolitical subdivision ofthe State of Florida, 301 NW 2"d Street, Okeechobee, Florida 34972 (hereinafter "COUNTY"), dated this day of September, 2005. WHEREAS, the COUNTY has entered into a 20-year, commencing on ,January 1, 2003 and terminating December 30, 2022, Commercial Lease Agreement with the First United Methodist Church of Okeechobee, Inc. to lease the following real property: Lots 4 through 11 of Block 139, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida; and WHEREAS, CITY owns the following alleyway which run East to West through above stated property: That 15 foot wide alleyway running East to West and located between Lots 1, 2, 3, 4, 5, 6 and 7, 8, 9, 10, 11, 12 of Block 139, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5. public records of Okeechobee County, Florida; and WHEREAS, the COUNTY desires to make certain improvements in the form of paving, landscaping and maintaining the alleyway adjoining between the Lots 4 to 11 in said Block 139, which is an open, unimproved alleyway, which is owned by the CITY. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1. The CITY hereby grants this license for use of the alleyway with the understanding the COUNTY will maintain the alleyway and should it ever become necessary, to remove any pavement, landscaping or any improvement thereon, in order to allow either the installation, or maintenance of water, sewer, or other utility lines or any other type of installation or construction, or for any other reason chosen by the CITY, the pavement, landscaping or an}, improvement thereon, will be removed by the COUNTY, or their agents and/or assigns at the COUNTY expense within seven days of receipt of written request by the CITY for such removal. Should the CITY, for valid reasons, require the removal of the pavement, landscaping or any improvements thereon less than seven days notice, the COUNTY agrees to exercise reasonable efforts to comply with such requests. 2. COUNTY agrees to contact their insurance company and require a rider be added to their insurance policy with a certificate furnished to the CITY showing the portion of the alleyway as herein described, to be used by them, insures the CITY against any liability arising out of alleged injuries or other activities which may occur which the alleyway. In any event to the extent permitted by law, COUNTY agree and shall hold the CITY harmless for any and all action, suit, claim, injury or cause of action of any nature arising out of owner's permissive use, and indemnify CITY for such, including costs and attorney fees. 3. That COUNTY shall not, by such improvements made to that described alleyway, obstruct, close or otherwise restrict access to the alleyway for travel thereon by the CITY or the general public. [7000-64230. W PD] i r 4. That the COUNTY agrees that this license is non -assignable without the express written consent of the CITY, and if transferred, the covenants herein shall bind themselves, their heirs and assigns, and said covenants shall run with the land. 5. The term of this agreement shall coincide with the previously stated commercial lease agreement, commencing on January 1, 2004 and terminating December 30, 2022, between the County and First United Methodist Church. 6. The City Clerk shall cause this agreement to be recorded in the public records of Okeechobee County, Florida. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the aforesaid date. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY. FLORIDA ATTEST: LANE GAMIOTEA, CMC, CITY CLERK Reviewed for Legal Sufficiency: John R. Cook, City Attorney [7000-64230. WPD] BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA JOHN W. f (BNEY, SR., Ch m r. tember 22, 05 THE CITY OF OKEECHOBEE, FLORIDA JAMES E. KIRK, Mayor Date: lohn D. Cassels, Jr., Co y Attorney • EXHIBIT 3 • OCTOBER 18, 2005 itv of Okeechobee 55 Southeast 3rd Avenue # Okeechobee, Florida 34974 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to. sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant W� Today's Date io 0,/ Address g1%� SC I` Phone(s) ' "1�� 01-i 01 Name of Property Owner Address Phone(s) Street to be Closed i �� S' \L ��tt:t�t�1�J Dates to be Closed , p Time(s) to be Closed DO i�fjtiA, Purpose of Closing � LS ��i u JT �\`? FiT� J- V j\1A s� Original Signatures of all residents, property owners and business owners affected be done on one Y by street closing stating whether they approve or object. This can 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 from 14L must be attached for each business participating. Permits can be obtained General Services. A) IA- State Food Service License if selling food. 10/iq State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) owClean-up is required within 24 hours. NAL V (=oa owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. PwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. vwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. owDumpsters and port -a -lets are required when closing the street for more than 3 hours. • Authorized. Signature POLICE DEPARTMENT Authorized Signature FIRE DEPARTMENT Authorized Signature ADMINISTRATION igna ob m1r— Date Ohl/o/r� s� Date Donnie Robertson, Public Works Director Typed Name & Title . Denny Davis Chief of Police Typed Name & Title \ � 0 4 '�- uQrh Rmi i-.h , Fire Chief Date Typed Name & Title Occupational and/or State License Verified: in.Whiteha.11, City Admin i yped Name & Title OFFICECLERK'S ffiff"AMMIM i Q i-jbe-- l a Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised 8/05/03 Btxj- - a MEN. ea :Sa ea-® ,off© Z Sow IO•©� B`oil[ • Pa.rro44 A-venu - 49,74 �1 06 -ul IF! CS� cn I -t- 1 ca 1 it Visiting Nurse Association OF FLORIDA, INC. 2400 S.E. Monterey Road • Suite 300 Stuart, Florida 34996 (772) 286-1844 • Fax (772) 286-8753 1-800-318-0399 www.vnaflorida.org Serving Martin, St. Lucie, Palm Beach & Okeechobee Counties 208 S.E. Park Street Okeechobee, Florida 34972 (863)357-2197 9 Fax (863) 357-1666 1-800-590-1049 Joint Commission on Accreditation of Health Care Organizations • • Stanley H. Sweda, M.D. Doctors Clinic Family Health Center, Inc. 204 SE Park Street Okeechobee, Florida 34972 (863) 763-1107 Fax (863) 763-2630 &"mil-/ 171- 6"� l7 "_ _ �q1 0�/�1�� - V� 1 0003798 X • -IRS DEPARTMENT OF THE TREASURY '�n{-��7 �1ttt1��1�� INTERNAL REVENUE SERVICE PHILADELPHIA PA 19255-0023 --- ----Date of —this notice: 0�I=02=2-005 Employer Identification Number: 003790.197835.0016.001 1 MB 0.309 702 84-1690234 Form: SS-4 Number of this notice: CP 575 E JOSHUA MATUTE TRANSPORTATION FUND SALMON NITA TTEE For assistance you may call us at: 1401 PARKLAND BLVD 1-800-829-4933 FT PIERCE FL 34982 IF YOU WRITE, ATTACH THE _ STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an EIN. We assigned you EIN 84-1690234. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, please use the label IRS provided. If that isn't possible• you should use your EIN and complete name and address shown above on all federal tax forms, payments and related correspondence. If this information isn't correct, please correct it using the tear off stub from this notice. Return it to us so we can correct your account. If you use any variation of your name or EIN, doing so could cause a delay in processing and may result in incorrect information in your account. Doing so could result in our assigning you more than one EIN. If you want to apply to receive a ruling or a determination letter recognizing your organization as tax exempt, and have not already done so, you should file Form 1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District Office. Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply. IMPORTANT REMINDERS: Keep a copy of this notice in your permanent records. Use this EIN and your name exactly as they appear on all your federal tax forms. Y Refer to this EIN on your tax related correspondence and documents. Thar k you for your_ coorera--ion. u • --- --Nita (Niki) Salmon--- --------- - -- --- Joshua Matute Family Transportation Fund 1401 Parkland B1. Ft. Pierce, Fl. 34982 561 7220401 This is Josh Matute (current year, see attached picture) Josh is 20 years old, has Down syndrome, cerebral palsy, hydrocephalus. Josh has never talked, walked, nor is he potty trained. However, as you can see in the picture even in a world without words Josh is a happy boy who only knows love and laughter. Josh's favorite hobbies are herding tennis balls, watching bowling pins fall, and a flopping fish will crack him up. Josh is an award winning tennis ball player in the Special Olympics tossing a distance of 18". Josh is the son of Linda Salmon Matute. When this year is over, Josh will be out of "school" the school he attends has been a day care for 5 hours per day to allow Linda to work part time at a cleaning service in West Palm Beach. At 21 there are no available programs to provide care services for handicap adults that are not capable of cogitation. Josh's mental capability is less than 1 1/2 years in age, or IQ of less than 50. The political solution is to put the child you love away in an institution, cared for by total strangers. Although most facilities are probably sound with good-hearted caretakers, there are those that are a parent's worse nightmare. How do you blindly subject your child to the possibility of mis-treatment or abuse when your child cannot speak to tell you if he's been hurt. How do you ease his mind when you drop him off and walk away when he doesn't comprehend language. By the grace of God most of us will never have to face these questions. This June 05, Linda will have to quit her job and will have Josh 24/7. Imagine, you wake up in the morning and say, I wonder if I'm thirsty, is Josh Thirsty, am I hungry, is Josh. I should get dresses, dress Josh, brush my teeth, brush josh's, go to the bathroom, man handle Josh to a standing position (he can not stand on his own), prep him for the toilet, lift him, set him in place, clean him and re -dress him when he's done. Like having a Siamese twin. You can only imagine after 21 years of struggle how tired Linda must be. She is a single parent 53 years old. We're trying to find her a house to relocate closer to Okeechobee, Florida where she will have support to help relieve the burden. Let me rephrase that "burden" is not the word, yes it is a hardship but when you do things out of love it's not really a burden. I'm Linda's sister, Nita (Niki) Salmon; I live Ft. Pierce and work in Okeechobee, Florida at Palmdale Oil Company for the past 18 years. My friends and I are • 0 I or_ganizin_g_seyeraLbene_fits to raise money to buy a full size van with a lift gate in the back so Linda can properly transport Josh to and from Palm Beach once he's 24/7. When Linda moves to Okeechobee she will have to be able to transport Josh to Palm Beach County for his medical needs as Okeechobee does not currently have programs available to care for Josh. We are trying to accomplish this by October 15th, 2005, and will be having a surprise presentation festival and costume party on October 29th 2005 in Okeechobee City Florida at the City Park on Hwy 70 from 9:00am till 4:00pm. We have four raffles in place to raise money. 1. A 14k gold Bass pendant 12.4 grams 1 1/2" long with a ruby eye. 2. 30-6 Hunting rifle contributed by JB, Gator Archery Club in WPB. 3. One day "Hog Hunt" at the Okee Hunt Club By: Jackie Raines. 4. One whole, fully processed Axis deer packaged for the freezer approx 40 lbs. If you would like to participate in the raffles please contact me by e-mail nikiepalmdaleoil.com or ca11561 722 0401. If you would like to make a contribution please send it to, Check payable to:"Joshua Matute & Family Transportation Fund" C/O Nita Salmon 1401 Parkland Bl, Ft. Pierce, Fl 34982, or Nita Salmon Transportation Acct (same address) or you can donate at any Bank of America, by going to the branch and giving them the fund name. They can look the acct number up on the internet and collect the donation. If there are any funds over the amount to accomplish the van, the funds will be donated to the Hurricane relief Efforts and Special Olympic in Josh's name. This Benefit is registered with the State as a legitimate non-profit organization. There are needy people all around us and we can only do what we can to help. This moment I'm asking you to help this family if you can. Please, forward our plea to anyone you can. This is not a chain letter that will threaten bad news if you stop it but it will bring good fortune. You will know what ever you do to help in any way large or small will be appreciated more than words can say, and your heart will fill with bliss, your eyes will fill with tears. If you would like additional information, please feel free to contact me, 561 722 0401. Please help, every dollar counts. Thank you and God Bless. Nita (Niki)Salmon z"L a_ ' r �� b J h `�� -3� s E m � - `Y - 6 ;` s-' z" F• -- yes ; -u .�. _? '' J., L -' ` h f -f^'�_ �11_"'Mv . _� --- - - ,: I � I- I 'k, 4 I 1. ,�f ", ___ , " " ,", s f '} �'L "�' x ram"'°.-- ' . # .. f a - .au s � ' Y; `•+L'i' $ max b 3 - E 1 1 R" - ti h„ ,`'F jam:'' s x e 4'"`.r' 1g .� y r r i. 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YF, 'fr " a te, 4 . 1 £ *r r t F _ �-� { ' sib r rf r EXHIBIT 4 OCTOBER 18, 2005 55 Southeast 3rd Avenue * Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant First Baptist Church Today's Date 10/07/2005 Address 401 SW 4rh Street, Okee, F1 Phone(s) 763-2171 Name of Property Owner City of Okeechobee Address 55 SE 3rd Ave,, , Okee. , F1 34 Phone(s) Street to be Closed L Dates to be Closed C) Time(s) to be Closed `, cx Purpose of Closing Original Signatures o 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 0/0- must be attached for each business participating. Permits can be obtained from General Services. PIA- State Food Service License if selling food. �IOr State Alcoholic Beverage License. (You can only serve on private property. No this includes streets and sidewalks) alcoholic beverages on City property, wwClean-up is required within 24 hours. owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. uwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. swThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. VwDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson Public Works Director Authorized. Signature Date Typed Name & Title . POLICE ` DEPARTMENT11 l 5 a0406r - Denn Davis Chief of Police Signature Date Typed Name &Tale A�JIo< Authorized Signature Date uPrr G"" +�' Fire Chief Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION cab Arian Whitehall NA 'Administrator Au ho ze ignature D to i yped Name & Title CLERK'S OFFICE 1 Authorized Si nature Lane Gamiotea City Clerk Da Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 NW 7TH AVE FALL FESTIVAL SW 6T" AVENUE W�i m{ 6 Svc tfo &fl F SW 34 Art- I 0 ©l -v F C r Sri Ld Avt J Of CD U m Sou`n� I�1© Puxroo Nienu a- Puxroo Nienu a- --- l0 I�' e � �i.'ile rill! iV IBC JRV p o, J rn J rn Cn U { 0o U Co U� OD m EXHIBIT 5 OCTOBER 18, 2005 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: La /.?/ s )7s y) ADDRESS: C z, I `fi g 8 TELEPHONE: (, � - '( (-, a - F�,S y FAX: 7 Co FAX (863) 763-1686 ,-- -11-1 (17 - gsl/l 0 MEETING: REGULAR R SPECIAL 0 WORKSHOP 0 DATE: 10 ( PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR - PLEASE STATE DESIRED ACTION BY, THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: l v A § 90-453 OKEECHOBEE CODE purtenances; provided, however, that they shall (3) Computation of parking spaces in places not exceed Federal Aviation Administration height of public assembly shall be based on the limitations. maximum occupancy rating given the (LDR 1998, § 612) building by the fire marshal. Sec. 90-454. Outdoor storage uses in nonres- idential districts. Outdoor storage uses permitted in nonresiden- tial districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least five feet high. Goods and materials shall not be stored in required yards. (LDR 1998, § 613) Seq. 90-455. Hurricane shelter. Mobile home parks and mobile home subdivi- sions shall provide a hurricane shelter for resi- dents and their guests. (LDR 1998, § 614) Secs. 90-456-90-480. Reserved. DIVISION 2. PARKING AND LOADING REQUIREMENTS* Sec. 90-481. Generally. Off-street parking and loading facilities shall be indicated on a site plan and provided in accord with the regulations of this division. (LDR 1998, § 450) Sec. 90-482. Computation of required off- street parking and loading spaces. Computation of required off-street parking and loading spaces shall be as follows: (1) Computation of parking spaces shall be rounded up or down to the nearest whole number. (2) Computation of parking spaces based on floor area requirements shall be. gross floor area. *Cross reference —Parking, stopping and standing, § 54-41 et seq. 7: (4) Computation of parking spaces based on number of employees shall be at the max- imum work shift. (5) Spaces for the handicapped are included in the computations of total parking spaces. (6) Parking spaces for two or more busi- nesses may be combined, provided that the total number or spaces shall not be less than the sum of required spaces com- puted separately. Where it can be demon- strated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number required by the lesser use. (7) Loading spaces for two or more busi- nesses may be combined, provided that the total number of loading spaces shall not be less than the sum of required spaces computed separately.; (8) When a building or use is changed, or enlarged in floor area, the off-street park- ing and loading spaces as required in this division shall be provided for those changed or enlarged uses. (LDR 1998, § 451) Sec. 90-493. Modification of parking and loading space requirements. Modification of parking and loading space re- quirements shall be as follows: Supp. No. 1 CD90:32 (1) The number of spaces may be increased, decreased, or deferred by the city council when: a. A parking study demonstrates that the proposed use would have a de- mand in excess or, or less than, the requirements of these Regulations. b. A parking study demonstrates that the hours of need for maximum park- ing for two or more joint uses do not normally overlap. �i ZONING C. A building is in an historic district or is of historic interest. d. A building is in a Commercial, Cen- tral Business District, or Public Use Zoning Categories. (2) The city council may require the appli- cant to provide a parking study when the technical review committee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. (3) An applicant may submit a parking study to demonstrate that either the parking or loading space regulations are excessive for the use proposed, or there is not a current need for all spaces. (4) A parking study requesting deferral of parking spaces shall contain: a. A site plan locating the total re- quired parking spaces and designat- ing the deferred spaces, and a land- scaping plan of the deferred parking area. b. A written agreement with the city that the developer will pay for a study to determine the need to pro- vide the full parking requirement and that the deferred spaces will be converted to parking spaces at the developer's expense should the city determine that additional spaces are needed. (5) The number of parking spaces shall not be reduced below these requirements where there is insufficient parking. (LDR 1998, § 452; Ord. No. 815, § 1, 2-4-2003) Sec. 90-484. Reduction of paved parking space requirements. (a) The number of paved spaces may be re- duced by the city council when a parking study demonstrates that the proposed use normally would have a demand for the total required park- ing spaces only on one or two days a week. § 90-611 (b) Paved parking spaces shall not be reduced by more than 75 percent. (LDR 1998, § 453) Sec. 90-485. Reduction of packing space re- quirements in commercial dis- tricts. (a) In commercial, central business, and public use zoning districts, city council may reduce the number of parking spaces if the technical review committee finds that there is a surplus of on - street parking in the immediate vicinity of the proposed use that is not required by other uses, or that the applicant has provided sufficient off- street parking by alternative means, such as but not limited to a parking garage, or adequate parking lots adjacent to the proposed use. (b) City council may require the applicant to provide a parking study, or evidence of ownership or lease of alternative off-street parking, and may attach conditions to an approved or alternative parking space reduction. (c) In the CBD the number of parking spaces shall not be reduced by more than 80 percent from that otherwise required in these regulations. (d) In commercial zoning districts the number of parking spaces shall not be reduced by more than 20 percent from that otherwise required in these regulations. (e) In public use zoning districts, the number of parking spaces shall not be reduced by more than 50 percent from that otherwise required in these regulations. (LDR 1998, § 454; Ord. No. 815, § 1, 2-4-2003) Secs. 90-486-90-510. Reserved. DIVISION 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards. (a) Parking and loading space location. (1) Except as provided in this section, re- quired off-street parking and loading spaces shall be located on the same parcel as the primary use. *Cross reference —Parking, stopping and standing, § 54-41 et seq. Supp. No. 1 CD90:33 \�j • E S DE SV' ND A. m J t .. 1 r T 7-7 �•s'22V� � 'DRY R' 135, : x �,� • '; 6,075 SQ. FT 45' (135' X 45') .; 29.3' MIN. F.F. ELEV. .`. '.' 32.8' MAX. BUILDING HEIGHT: 25' CAPTAIN D'S 300' A 106 16 17 18 19 20 21 22 23 24 25 26 27 ��•�• p A 2.6' Jt.2' C 24' FIRE LANE -- fl L- FlRE LANE r 5'F� 20.0' R Q 40' 9 10 11 12 13 14 15 20 Ay 28 + O EXISTING 2,000 SO. FT n - 1 2' 10.0 p BLDG. 50' (40, X 50') F.F. ELEV. i 328• J1.J' MAX. BUILDING �B HEIGHT: 25' r, ll 20 12 3 4 - .Y +� � tttttttt• � � n' .�- 23.1- •.•.•.+i. a .SIDEWALK PARKING REQUIREMENTS: OFFICE BLDG — 9,980 SQ. FT. REQUIRED: ONE (1) SPACE PER 300 SQ. FT. OR 33 SPACES, WHICH INCLUDES TWO (2) H.C. SPACES EXISTING BUILDING A BUILDING OF HISTORICAL SIGNIFICANCE, HENCE REQUEST A 12% REDUCTION (FOUR SPACES) FROM OKEECHOBEE CITY COUNCIL. TOTAL SPACES REQUIRED — 29 SPACES, INCLUDING TWO (2) HANDICAP SPACES. CL J7.4' . BLDG. a -► C C 1,920 SO. FT. :• 2a„ FIRE LANE zn LEGEND DP1 DUMPSTER PAD (1O'X7O') CAR WHEEL STOP q HANDICAP SIGN T� SIOEWALX (5) PROPOSED ELEVATION O STOP BAR ROAD CENTERLINE TRAFM DIRECTIONAL ARROWS SEWER CONNECTION PROPERTY LINE OSTOP SIGN SEWER LINE WATER FLOW DIRECTION WATER LINE WATER METER K WELL SHRUBS (30+) TREES (10+) �— CULVERT (30' of 13' HOPE) CENTURY 21 LOT: 44,850 SO.FT. / SITE ACREAGE: 1.03 IMPERVIOUS 26,308 SQ. FT. 58.6% OFFICE SPACE 9,995 SQ. FT. 22.3% ASPHALT 14,983 SQ. FT. 33.4X CONCRETE 1,330 SQ. FT. 3.OX PERVIOUS 18,541 SQ. FT. 41.3% SOD 13.474 SO. FT. 30.0% DRY RETENTION 5,067 SO. FT. (TOP OF BANK) 11.3X O j w M V J =aw m w F-IU F-I W O REVISIONS 1. 2. 3. 4. ow►wN BY: wusztcK DATE: 10/11/05 cxlEacEO er: LCA2 SHEET N0. 5 SHEETS D c- LORIS ASMUSSEN P.E (ees) 783-6546 P.O. BOX 1806 OKEECHOBEE, FL. 34973-1998 4i�Law Offices 0 John R.Cook 805 S.W. Park Street • Okeechobee, Florida 34974 Telephone 863-467-0297 . Fax 863-467-4798 October 11, 2005 To: City Council re: attorney contract renewal ExnIBIT 6 OCTOBER 18, 2005 I attach for your review a proposed contact for legal services, with the following explanation: • criminal law • family law • wills & probate 1. My existing contract was executed in April, 1988, and some of the terms are no longer applicable, and the legal work has changed somewhat since then. 2. The figure arrived at for the monthly contract rate of $2100.00 is arrived at because the current rate of $1725.00 has not been adjusted since budget year 1998; if one were to compute an annual increase at the modest rate of 1.5% per year, which I did, that type of increase would yield a salary for budget year 2006 of approximately $2100.00. I have also proposed to tie in future increases annually to that of all general employees, to avoid having to request such an increase in the future. 3. The litigation rate of $75.00 per hour has not changed in 16 years; since the private rate now exceeds $200.00 per hour in most areas, I have requested a municipal rate of $100.00 per hour. 4. The current rate of one-half day work at the city is $125.00; I propose to increase that to $150.00. 5. The severance package is new; my rationale on that is now I spend approximately 50% of my practice on city meetings and work, which has necessarily reduced the amount of private work I can do. Therefore, if terminated without cause, the severance will permit me a time period with severance pay to re -build my private practice. 6. The increases in this contract do not require a budget amendment, as these sums are in the current budget with the funds allocated for outside legal work and other various purchases that come out of the legal budget. I do not wish to impose any terms the city is uncomfortable with; therefore, I am willing to discuss any or all of the contract and negotiate further with the city administrator if the council wishes to do so. John R. Cook City Attorney AGREEMENT FOR ATTORNEY SERVICES This Agreement entered into by and between the City of Okeechobee, Florida (CITY) and JOHN R. COOK, (Attorney). In consideration of the mutual covenants and provisions contained herein, , CITY and Attorney agree as follows: TERM 1. The term of this Agreement shall be for a period of one (1) year from the date of execution by CITY, unless terminated sooner as provided for herein. This Agreement may be renewed annually upon mutual consent of the parties. SERVICES 2. Services to be performed. CITY contracts with Attorney for categories of services considered basic services, and additional services, for which additional fee requirements are set forth hereafter. A. BASIC services: Attorney shall attend and perform the following functions as a part of monthly services: attend city council meetings; attend code board meetings; attend zoning/planning meetings; attend technical review meetings; attend all specially called meetings; attend staff meetings as called or necessary, to be paid at a monthly rate in such amount as approved by the city council during the annual budget process.. B. ADDITIONAL services; Attorney may perform the following services at the request of staff or city council: -work at city hall weekly on various city related projects in one-half day increments; -consult with outside professionals such as engineers, attorneys, grant personnel, building inspector, planning consultants, or similar personnel who must confer with the Attorney on city related issues. -perform pre -litigation or litigation legal matters regardless of whether suit is filed. all of which attorney will be paid on a per diem or hourly basis as approved by city council during the annual budget process. 3. Attorney shall personally perform the legal services described herein while at all times complying with all requirements of the Rules of Professional Conduct, the Rules Regulating The Florida Bar, and the practice and procedures of courts within the Circuit. Attorney may not reassign or subcontract any appointed case to another attorney or allow another attorney who is not approved by the CITY. 4. Attorney shall render to, and on behalf of CITY all professional legal services reasonably required therein related to pending matters from the time of commencement, to, and including a final adjudication, or disposition. In performing any work under this Agreement, Attorney shall provide competent representation to the CITY. Competent representation requires the legal knowledge, skill, thoroughness and preparedness reasonably necessary for that representation. Attorney's business relationships outside of this contract shall not interfere with the performance of the services specified herein. COMPENSATION 5. Attorney shall be compensated as follows, with initial contract rate and hourly rate attached hereto as exhibit "A": a. Attorney shall be paid for basic services a monthly retainer, which basic payment shall be increased annually at the same percentage increase as general employee pay increases, or in such other amount as approved by the city council during the annual budget process. b. Attorney shall be paid for additional services at a set hourly rate for one-half day work at such hourly rate as approved by the city council during the annual budget process. c. Attorney shall be paid for litigation at a set hourly rate as approved by the city council during the annual budge process. d. Attorney's fees provided may include, but not be limited to, Attorney's fees, costs and expenses. Attorney must submit a detailed accounting and documentation for reimbursement for costs and necessary expenses. Attorney is entitled to payment for, and CITY will pay on behalf of Attorney such costs and expenses as, but not limited to, office supplies and office space, and all materials, equipment, and facilities necessary for the support of personnel in the performance of legal services under this Agreement. e. Attorney shall be provided in the annual budge such sums as approved by the CITY for continuing legal education conferences, per diem and travel, up to a total of 30 hours of education per calendar year. f. Attorney shall not retain and shall not be compensated for the use of experts or other specialists to perform services which are services that attorneys ordinarily perform, without prior consent of the city council or city administrator.. CITY shall not pay for duplicate work of attorneys, experts or other professionals. • k. The parties to this Agreement stipulate and agree that in areas of litigation, nothing in this Agreement shall be deemed to constitute a waiver of the Attorney's right to demonstrate in court cases, by motion to the Court in an individual case, that the unusual and extraordinary circumstances of that case merit or justify the award of Attorney's fees in excess of the applicable hourly rate set by the city for litigation, but only to the extent such additional fees are to be paid by the adversary to the CITY. 1. In addition to the above, the CITY will allocate sufficient funds in the annual budget to pay for professional liability insurance obtained by the Attorney, but only to the extent of the cost of such coverage for legal services performed for or on behalf of the CITY and not Attorneys private legal practice. m. In addition to the above, the CITY will allocate sufficient funds in the annual budge to pay the annual costs and expenses for the Attorneys coverage in the health insurance plan adopted by the CITY for its general employees for each calendar year, which is for single coverage only. n. In addition to the above, the CITY will allocate sufficient funds in the annual budget to pay for cell phone service for use of cell phone by the Attorney; such phone may be used for private purposes other than for the CITY, but any additional time, minutes, charges or expenses attributable to such private use shall be calculated and reimbursed to the CITY. It is understood that all payments and benefits herein although contractual, are subject to availability of funds at approval of annual budget No part of compensation or benefits shall be reduced or deleted from this contract without further written amendment to this contract. • E QUALIFICATIONS OF ATTORNEY 6. Attorney represents that he or she: a. Is a member in good standing of The Florida Bar. b. Meets at least the minimum experience and continuing education requirements identified by the Florida Bar. c. Has the skills and ability to provide competent representation in cases pertinent to municipal law. d. Will notify CITY and the Chief Judge of the Judicial Circuit of any finding of probable cause by The Florida Bar, and disciplinary actions taken by The Florida Bar or any court, and of any non -confidential consent agreements entered into between Attorney and The Florida Bar. LICENSES/FLORIDA BAR MEMBERSHIP 7. Attorney shall be responsible for obtaining and maintaining Attorney's municipal or county occupational licenses and any licenses or professional fees required pursuant to the laws, ordinances, rules, or regulations of any municipality, county, or the State of Florida. Attorney shall throughout the term of this Agreement be a member in good standing with The Florida Bar. INDEPENDENT CONTRACTOR 8. The parties agree that this Agreement does not create the relationship of attorney and client between Attorney and CITY; that such relationship, if any is created, is restricted to Attorney and those persons on whose behalf Attorney furnished the legal services provided herein. This Agreement is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between CITY and Attorney. Attorney is, and shall at all times be, deemed an independent contractor and shall be wholly responsible for the manner in which Attorney performs the services required by the terms of this Agreement. Attorney exclusively assumes responsibility for the acts of Attorney's employees, agents, subcontractors, and all others acting at the direction of or on behalf of Attorney, as they relate to the services to be provided under this Agreement. Attorney and Attorney's agents and employees shall not be entitled to any rights or privileges of employees of CITY, including but not limited to, compensation insurance and unemployment insurance. It shall be the sole responsibility of Attorney to comply with all applicable federal, state, county, and municipal statutes, ordinances, rules, and regulations in the performance of Attorney's obligations under this Agreement. NO ASSIGNMENT 9. Attorney shall not delegate or assign this Agreement, whether in whole or in part, without the prior written consent of CITY nor shall Attorney assign any monies due or to become due to Attorney under this Agreement without the prior written consent of CITY. NO PROHIBITION ON PRIVATE PRACTICE 10. Nothing in this Agreement shall preclude Attorney from representing privately retained clients.. Attorney shall not be prohibited from engaging in the private practice of law, provided that no private case shall be accepted that may cause a conflict of interest with a case appointed to Attorney under this Agreement. SOLE COMPENSATION 11. Attorney agrees and acknowledges that the compensation to be paid pursuant to this Agreement shall be the sole, exclusive, and full compensation to which Attorney shall be entitled for cases Attorney is appointed to pursuant to this Agreement. BILLING REQUIREMENTS FOR REIMBURSEMENT a.. The following information must be attached to any billing by Attorney: (1) Certification of Time — If Attorney is billing on a hourly basis, Attorney shall itemize Attorney's legal services in a certification of time in increments The following certification shall be affixed to the face of the Attorney's Certification of Time: "I certify the time reflected on this Certification of Time is accurately reported herein, was performed by me in conformance with the requirements of my Agreement with the CITY. I have not received payment from any source for any of the time reflected herein, and that under the terms of my Agreement with the CITY payment of this invoice is appropriate." (signed by Attorney, with bar number recorded under the signature). (2) Certification of Costs and Expenses (Note: certification of costs does not have to be submitted if no costs were expended or if Attorney's hourly rate is inclusive of Attorney's fees, costs and expenses). The following certification shall be affixed to the face of the Attorney's invoice to CITY: "I certify the costs and expenses for services and products reflected on this invoice are accurately reported herein, were satisfactorily performed or received, were necessary for the performance of my duties set out herein; transactions were in accordance with the Florida statutes and all applicable laws and rules of the State of Florida, and that under the terms of my Agreement with the CITY payment of this invoice is appropriate." (signed by Attorney, with bar number recorded under the signature). RECORD RETENTION/AUDIT 12. Attorney shall keep detailed records to enable CITY to verify all costs, expenses and Attorney's time expended representing a cases appointed under this Agreement and shall make such records available to CITY in any proceedings to recover costs from whomever may be obligated to reimburse CITY. The records include supporting documentation necessary to adequately evaluate and substantiate payments made under this Agreement.CITY may, at its discretion, audit or inspect Attorney's books and financial records relating to services under this Agreement at any and all reasonable times in connection with the conflict cases. Attorney agrees to retain and to make available for inspections, upon reasonable notice, all books, statements, ledgers and other financial records (financial records) relating to services under this Agreement for a period of five (5) years from the date of each payment, or until all Federal or State audits that may relate to each payment are complete for the applicable fiscal year, whichever is later, unless ordered sealed by the Court. All financial records shall be made available to CITY at Attorney's place of business. Attorney agrees to maintain the confidentiality of Attorney's records pursuant to all laws related to privacy and confidentiality with respect to Court and client records. In the event of withdrawal by Attorney from a case, or upon termination of this Agreement for any reason, work materials that are not protected by the attorney/client privilege and the work -product privilege shall, pursuant to s. 27.40(8), within 15 days of receiving notice from the successor attorney, be turned over to such conflict attorneys as may be subsequently retained by the CITY INSURANCE 13. For all time periods under this contract, the Attorney shall obtain a package of professional liability insurance with CITY as named insured in a minimum sum of one million dollars ($1,000,000.00), the premiums of which shall be paid as provided herein. TERMINATION 14. This Agreement may be terminated as follows: a. In addition to any other remedy authorized by law, CITY shall have the right to terminate this Agreement immediately if, in its sole opinion Attorney or Attorney's agents or employees fail to comply with the terms of this Agreement, including the providing of quality legal services.. Such failure shall constitute a material breach of this Agreement by Attorney. In the event of breach of duty or this contract by Attorney, Attorney shall not be entitled to payment of Attorney's fees, costs and expenses for work performed except such work completed prior to termination. Such termination shall be by vote of the city council, with a 3/5 vote required for cause or breach; and a 4/5 vote required for termination without cause. In the event of termination without cause, the CITY shall be liable for, and pay to, Attorney an agreed and liquidated severance package consisting of a total of three (3) months of basic services pay. b. The Attorney may terminate this agreement at any time upon sixty (60) day written notice to the CITY; If the CITY is unable to obtain replacement legal services in the interim, this agreement may survive and continue on such terms, and for such period as the parties may agree. c. When either parry desires to give notice of termination of this Agreement to the other, it must be given by written notice, sent by certified or registered United States mail, with return receipt requested, addressed to the parry for whom it is intended, at the place last specified for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following for giving notice: CITY: 55 S.E. 3'd Avenue, Okeechobee, Florida 34972 ATTORNEY 4114 S.W. 16' Street, Okeechobee, Florida 34974. NO WAIVER/GOVERNING LAW 15. No waiver by either party of any existing default by the other party shall be deemed to waive any subsequent default. All rights hereunder are cumulative, not alternative, and are in addition to any other rights given by law. The validity, construction, and interpretation of this Agreement shall be governed by the laws of the State of Florida and the Florida Constitution. Venue for all actions arising from or related to this Agreement shall be in Okeechobee County, Florida. SEVERABILITY 16. The terms and conditions of this Agreement shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall he held to be illegal or void, such determination shall not affect the validity or legality of the remaining terms and conditions, and notwithstanding any such determination, this Agreement shall continue in full force and effect unless a particular clause, term, or condition held to be illegal or void renders the balance of the Agreement impossible to perform. AMENDMENT OR RENEWAL OF AGREEMENT 17. This Agreement expresses the understandings of the parties concerning all matters covered. The annual renewal of this Agreement shall occur without further action or writing of the parties, subject to the right of CITY to terminate as set out herein. Any addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees shall not be valid unless in the form of a written amendment to this Agreement and formally approved by the parties, less and except annual amendment to salary or fees and costs, which may be amended by vote of the city council at a regularly called meeting. ENTIRE AGREEMENT 20. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly it is agreed that no deviation from the terms thereof shall be predicated upon any prior representations or agreements whether oral or written. This is the entire agreement of the parties. It may only be changed by an agreement in writing signed by both parties. DATE: October , 2005 City of Okeechobee, Florida John R. Cook Attest: City Clerk 9 0 EXHIBIT "A" 1. BASIC SERVICES: From and after this agreement, subject to annual review and alteration as provided herein, the attorney shall be paid the monthly contract rate of $2100.00. 2. ADDITIONAL SERVICES: From and after this agreement, subject to annual review and alteration as provided herein, the attorney shall be paid: A. Litigation work @ $100.00 per hour. B. Per Diem one-half day work @ the City at the rate of $150.00 per day. • EXtIIBIT i OCTOBER 18, 2005 INDEPENDENT INSPECTIONS, LTD. FLORIDA SERVICES 454 Treemonte Drive Orange City, FL 32763 Phone: (386) 775-7003 Fax: (386) 775-7004 CONTRACT FOR SERVICES BUILDING INSPECTIONS WHEREAS, the City of Okeechobee, Okeechobee County, Florida ("Municipality") requires high quality professional building and mechanical inspection services sensitive to community needs and, WHEREAS, Independent Inspections, Ltd., a Corporation ("Agency"), proposes to provide inspection services for the Municipality including inspectors and meeting the Municipality's needs for such inspection services, NOW THEREFORE, in consideration of the foregoing and mutual covenants contained in this agreement, the parties, agree that: The Agency will provide for the Municipality, inspectors whose duties shall include building and mechanical field inspections, necessary services related to contacts with residents and Municipal Officials, and all associated tasks necessary to meet the inspection needs of the Municipality. Inspectors provided by the Agency shall include the Building Official or the Primary Inspector who shall be assigned to provide the building and mechanical inspection work for the Municipality. The Agency will provide an employee and that employee is hereby designated as the Building Official of the Municipality. The Municipality shall provide zoning administration. 2. All Inspectors, plan reviewers and building officials shall possess standard certificates per Florida Statute 468, in the disciplines they practice. The Agency shall provide: A. Salary and benefits of the inspectors B. Field communication equipment C. Vehicle or mileage/allowance for the inspectors D. Supplemental systems and support and administrative coordination E. Regular Municipal office availability for meeting the public F. A staff of specialists available to assist in building code enforcement activities and available for back-up inspection purposes when the principal inspector is unavailable. G. Necessary state fees for the Agency H. Certificate of insurance showing all coverages with a minimum of $1 million of general liability and errors and omissions coverage. 9 Building Inspection Agreement Page 2 of 4 4. During the term of this agreement, and for a period of 12 months after termination of this agreement, the Municipality shall not negotiate with, employ/hire any inspector/employee who provided inspection services of twenty-five (25) inspections or more, or appeared before the municipal board or commission for planning and zoning services during the twelve (12) month period prior to termination of employment with Agency and who is employed with the Agency at the termination of this Agreement to provide Building, Electric, Plumbing or HVAC inspections, zoning or planning services. The Municipality shall not negotiate with, employ/hire any inspector/employee for at least 12 months after termination of the employee's employment with the Agency who provided inspection services of twenty-five (25) inspections or more, or appeared before the municipal board or commission for planning and zoning services during the twelve (12) month period prior to termination of employment with Agency and who was employed by the Agency during the term of this Agreement. The term "employ/hire" shall extend to the above referenced inspector/employee forming a corporation, partnership, limited liability company, other business entity, working for a competing company or by working as an in-house building inspector/employee for the Municipality. 5. Either the Municipality or the Agency may terminate this agreement after six months of the date of this agreement and upon 60 days written notice to the other party of the intention to terminate. At the time of termination, uncollected fees shall be retained by the Municipality. Collected fees shall be paid as provided herein and all inspections relating to those fees shall be performed by the Agency. Any notice to the Municipality shall be sent to the Municipal authority directly in charge of inspection procedures. Any notice to the Agency shall be sent to Independent Inspections, Ltd., W241 S4135 Pine Hollow Court, Waukesha, WI 53189. 6. The Agency shall implement and enforce the building codes of the Municipality and shall engage such personnel and equipment as, in its opinion, is deemed adequate for such purposes. Should the Municipality object to the method and manner of the implementation of the codes by the Agency, the Municipality shall notify the Agency, in writing, specifically identifying areas of inadequacy and the Agency shall have thirty (30) days after receipt of the notice to cure such inadequacies. If the inadequacies have not been corrected within the time period provided, the Agency shall be deemed to have breached the contract and the Municipality will have cause to terminate. 7. This agreement shall not authorize the performance of any construction work within the Municipality by persons or organizations not duly licensed. The Agency shall not issue a building permit to any contractor, subcontractor, or others for the performance of work in the Municipality who are not properly licensed and authorized to do such work. The Agency will not authorize or allow any development that is in violation of any Municipal, State or Federal law. 8. The Agency agrees to indemnify the Municipality, its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of the Agency, and causing injury to any person or persons or property, whomsoever and whatsoever. Correspondingly, the Municipality agrees to indemnify, the C� • Building Inspection Agreement Page 3 of 4 Agency its employees and agents from and against any and all claims, suits, demands or causes of action, arising out of any act or omission of the Municipality, and causing injury to any person or persons or property, whomsoever and whatsoever. The Agency agrees to, at all times, at its expense, carry comprehensive general liability insurance in the amount of not less than one million dollars. A certificate of insurance indicating that such policies are in full force and effect will be supplied to the Municipality. The Municipality agrees to provide to the Agency proof of the existence of comprehensive general liability insurance upon request. 9. All fees for any services provided by the Agency for the Municipality shall be collected by the Agency. The Agency shall be compensated at the rate of eighty-five percent (85%) of the funds collected per exhibit 1 for its responsibilities outlined herein. The remaining fifteen percent (15%) of the funds collected shall be retained by the Municipality. 10. The Agency shall perform inspections for which no permit fee is required, such as complaints and property maintenance inspections at the direction of the Municipal authority and forward those reports to the appropriate person(s) with the findings. The Municipality shall compensate the Agency for any activities and meetings relating to the duties herein where a permit fee is not generated, at the rate of $45.00 per hour for all such duties and meetings performed during the business hours of 8:00 a.m. and 5:00 p.m. The Municipality shall compensate the Agency for all such duties and meetings occurring other than normal business hours at the rate of $60.00 for each hour including travel time for meetings. There will be a one hour minimum per inspection trip or meeting. No additional time shall be compensated by the Municipality unless approved by the Municipal authority. 11. The Agency shall provide a statement for services rendered, and a recap of permits issued for each month. The Municipality shall compensate the Agency by the 15th of the month following the period services were rendered. 12. if any provision of this agreement is held to be invalid or unenforceable for any reason, this agreement shall remain in full force and effect in accordance with its terms, disregarding such unenforceable or invalid provision. 13. This agreement contains the entire understanding of the parties as to the matters contained herein, and it shall not be altered, amended or modified except by a writing executed by the duty authorized agents of both the Municipality and the Agency. 14. The terms of this agreement may not be assigned by either party. 15. This agreement shall be governed by the laws of the State of Florida with respect to the interpretation and performance. Any suit brought in connection with this agreement will be brought and maintained in Okeechobee County, Florida. 0 • Building Inspection Agreement Page 4 of 4 16. Any failure of a party to enforce the party's rights under any provision of this agreement shall not be construed or act as a waiver of said party's subsequent right to enforce any of the provisions contained herein. 17. The Municipality shall provide for the Agency office space, desks, desk chairs, file cabinets, local phone service and use of a photocopier and fax machine for the Agency during the term of this agreement. The Agency shall be responsible for its long distance phone charges other than those related to Municipal business, office supplies and office equipment necessary for the performance of its responsibilities. The location and size of the Agency's office area shall be determined at the sole discretion of the Municipality. 18. The Agency agrees to provide these services commencing the date of this document or as mutually agreeable. 19. This Contract replaces any previous building inspection contracts or amendments between the parties. Thomas DeLacy, President INDEPENDENT INSPECTIONS, LTD. (AGENCY) CITY OF OKEECHOBEE (MUNICIPALITY) acknowledged and accepted Attest: Municipal Clerk Approved as to form and legality: Municipal Attorney October 5 2005 DATE DATE CADocuments and Settings\Owner\Local Settings\Temporary Internet Fi1es\Content.IE5\6TI INI14\OkeechobeeContract2005.doc 10/05/2005 E EXHIBIT 1 Page 1 of 2 INDEPENDENT INSPECTIONS, L TD. CITY OF OKEECHOBEE FLORIDA FEE SCHEDULE Value of construction for permits will be determined by the most recent publishing of the International Code Council Building Safety Journal, building valuation data, estimates per square foot, including the regional modifier, of all areas under roof according to the type of construction and use. A. Residential Building - One and Two Family 1. New Structure $4.10 per thousand total valuation $40.00 minimum 2. Remodel/Additions$6.00 per thousand total valuation $40.00 minimum 3. Accessory Structure $6.00 per thousand total valuation $40.00 minimum 4. Roof/Reroof $40.00 5. *Plan Review $.40 per thousand total valuation $40.00 minimum B. Commercial Building 1. New Structure $5.75 per thousand total valuation $50.00 minimum 2. Additions $7.00 per thousand total valuation $50.00 minimum 3. Remodel $7.00 per thousand total valuation $50.00 minimum 4. Accessory Structure $7.00 per thousand total valuation $50.00 minimum 5. Roof/Reroof $7.00 per thousand total valuation $50.00 minimum 6. *Plan Review $1.25 per thousand total valuation $100.00 minimum 7. Occupational License $50.00 8. Other $50.00 minimum CADOCUMENTS AND SETTINGS\OWNER\LOCAL SETTINGMTEMPORARY INTERNET EXHIBIT 1 Page 2 of 2 C. Mechanical & Miscellaneous 1. Plumbing New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 2. HVAC New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 3. Electric New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 4. Gas New Structure, Additions & Alterations - $40.00 plus $.70 per thousand total valuation - $40.00 minimum 5. Mobile Home Set-up Fee New Structure - $50.00 includes building only. Electrical, mechanical and plumbing separate permits as needed. (does not include accessory structure) 6. Special Inspections and All Other Inspections Where No Permit Fee is Generated, Including but not Limited to Fire Inspection and Radon Inspection $40/hr. (I hour min.) 7. Signs Plan Review: New or replacement with or without electric $1.25 per thousand total valuation $40.00 minimum (Text changes, Lexan face replacement and Wall mounted signs less than 32 sf. - no plan review fee) Inspection: $5.75 per thousand total valuation $50.00 minimum 8. Demolition Fee a. $70.00 for the first $20,000 of structure value and $4.00 per $1,000 of structure value thereafter. 8. Re -inspection Fee - $40.00 9. Double Fee required for all work started prior to permit issuance. 10. Failure to call for inspection - $40.00 * All plan review fees are due at the time of plan submittal. CADOCUMENTS AND SEITINMOWNERII,OCAL SMINGSWEMPORARY INTERNET • • TABULATION SHEET PROPOSALS FOR 2006 POLICE CARS Bids: Okeechobee Motor Company Sunrise Ford *comparable to Florida Sheriff's No Bids: Merchants Velde Fon Sebring tk Leasing ADDED ITEM "H" OCFOBER 18, 2005 $19,416.00 per car $19,972.50 per car iation Government rate of $1&,45"0 per car -� o • TABULATION SHEET PROPOSALS FOR 2006 POLICE CARS Bids: , `? (4X . C}j, ADDED ITEM "H" OCTOBER 18, 2005 Okeechobee Motor Company $19,416.00 per car Sunrise Ford $19,972.50 per car *comparable to Florida Sheriff's Association Government rate of $18,983.00 per car No Bids: Merchants Leasing Velde Ford Sebring Ford Merchants Leasing • • Bids: popular Leasing USA No Bids: TABULATION SHEET FINANCING PROPOSALS FOR 2006 POLICE CARS Big Lake National Bank Bank One Leasing Nations Bank Leasing Corporation Sun Trust Leasing Corporation ADDED ITEM "I" OCTOBER 18, 2005 $3,000.00 per car/year 9 j'V✓Pn -� City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Pit 863-763-3372 Fax 763-1686 email. bwhitehalacityofokeechobee.co►n * * * * *Memorandum * * * * * Date: For October 18, 2005 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report Unfinished Business: * Commerce Center — Have spoken to the two parties selected and sent notice to the others. Working on Agreements w/ Atty and developing issues incl: Time constraints; Reversionary clause; Job creation prerequisites (as per EDA), land necessary for development; financial feasibility. • Tax Increment Finance District still sparks interest from Main Street and would urge the Council to let me know your thoughts. Main Street has offered to assist in feasibility including securing a consultant to render an opinion of initial eligibility. Please examine the literature distributed at a previous meeting and call me with questions. • Garbage Franchise Agreement — Received a draft of proposed Agreement (attached) which incl the following points: 1. Term — to 9/30/10 (then 5 yrs at a time) 2. Customer fee in excess of 15 cu yds charged $11/cu yd 3. Additional carts @$10 and $50 for a resumption of service (delivery) 4. Annual CPI increases of fees, Quarterly adjustments of fees based on diesel fuel costs, `change in law' adjustments 5. Force Majeure clause wherein an event that can't be controlled would suspend performance... i.e. `Act of God' 6. Rates — are not included herein, however, the current residential customer rate is about $11.43/month and Mr. Sabin has indicated that Waste Management is looking at a $5.00 increase. He said that commercial rates would remain the same. According to my calculations, Waste collects about $238,500 in residential and $160,000 in commercial fees. The City collects about $26,500 and $16,000 respectively. Mr. Sabin will be coming to a future City Council Meeting to make a proposal. • FEMA Reimbursements — The City continues to receive monies from FEMA, this week about $29,000... and we continue to try to relate that to expenditures and claims made. ootw/ / FYI Page 1 of 1 0 i Other Issues by Dept: City Clerk: • On the Agenda is an Interlocal Agreement wherein the alley west of the Methodist church can be used by the County for parking. Finance: • Finance Acct Supervisor application deadline was 10/13/05. Have interviewed a few applicants but no decision as of this preparation date. Lola has been preparing for leaving by documenting procedure etc. Fire: Union: Atty Cook, Chief Smith and / met with Union - IAFF (Intl Assoc of Fire Fighters) 9th District VP Jim Tolley, local VP Glen Hodges on Sept 23'd Was presented with a 14 pg draft of issues, most of which is simply reducing current procedure to writing. Have assigned the Chief the job of differentiating what is being requested with what is now in place and will report back to you accordingly. Fire Chief Smith and Fred Sterling attending a Code Level II class the week of Oct 10th in Tallahassee. As Code Enforcement Officer Chief Smith has secured some samples of other town's animal control issues. We will be trying to review those to find applicability to Okeechobee. General Services: Building Official/Inspector. As you know the City received three proposals by Sept 29th which were forwarded to you and removed fr the last agenda: Independent Inspectors, W241 S4135 Pine Hollow Ct, Waukesha WI 53189 Big Lake Inspectors, 406 Dartmouth Dr, Haines City FL 33844 Capri Engineering, 6220 S Orange Blossom Trail St197, Orlando FL 32809 I am requesting that all proposals be rejected and that a new contract be approved with Independent Inspectors as added to the Agenda. The renegotiated contract, enclosed, is essentially the same as the existing one with our customer permit fees remaining the same but Independent Inspectors will retain 85% of the fees rather then the 90% they are now charging. Using last fiscal year's history ($179,000) that correlates to a savings of about $9,000. Reported that l received a proposal from Jim LaRue for increased fees associated with increased workload. Then I received additional bad news in as much as Mr. LaRue has submitted a letter advising that the firm will no longer provide `Staff Reports' for the Tech Review Board, nor attend the meeting. A brief history of the firm's fees reflects a '99 Agreement-$2125 (25 hrs/mo), '03-$3500 (not to exceed), and now, $3500+ billed for excess above 40hrs a month_ The proposal calls for an effective date of October 1st. l believe Mr. LaRue is doing a fine job and we have no staff problems related to performance. Engineer Bermudez and / have met with one possible alternate and that may workout. My plan is to incorporate the new building official into the TRC process and go from there, addressing Mr. LaRue's increased fee structure. Mr. LaRue has agreed to go month to month until such time that a new Page 2 of 2 Building Official can be put in place. I received an invoice for September for $4,800, $1300 over the `not to exceed'. In this transitional period I advocated that we pay the invoice in order to keep his services. Legal: • A proposed contract for legal services from Attorney Cook is enclosed and listed on the Agenda. Our records indicate that the last executed contract was 1990. As indicated in his cover letter, the current rate is $1725/month to be increased to $2100. Further, an increase fr $125 to $150 for `one- half day work' at City Hall is being proposed. In perspective, last year's vender history reflects $ 43,663.08 less $13,100 (for interim administrator) or approx $30,000 in legal exp, of which about $20,000 is the normal monthly retainer. • Raulerson Case: Attorneys Cook and Bryant are meeting with two hearing officers for the selection process of a third to proceed with termination hearing. On a related matter, Clerk Gamiotea has compiled samples from six communities of disciplinary action and appeals, as instructed. Chief has `crunched' those into a sample, still addressing FL s/s 112 that may be used for the City after scrutiny by Atty Cook. • Marvin Brantley continues with clean up at his location on S 441. Atty Cook caused the following documents to be filed with the court, Notice of Hearing, Motion for Contempt/EnforcemenUlssuance of Writ, Writ of Bodily Attachment, and Affidavit. • Some time ago (and as a matter of bringing you up to date) Atty Cook and I discussed the use of a `Magistrate' process to expedite Code (nuisance) compliance issues vs. the Code Enforcement process. It would be considerably less cumbersome with certainly, in my opinion, much more efficiency. Will keep you informed as to any serious discussion. Public Works: • Alley Closing Policy continues to be discussed among staff... left over from discussion on 8/2105 meeting. • Street Overlay Proiect — Should be in a position to advertise about 11 /1 /05, open bids in Dec, award in Jan w/ Notice to Proceed by the end of January. • Air boat use for herbicide application is planned, hopefully in the coming week. • Baffle Box that was to be installed on SE 4m St at the boat launch apparently is back on the `docket'. We received a letter from DEP advising that the 05-06 General Appropriations Act provides funding for Okeechobee fora surface water projects up to $100,000. We have met with Dale Militia, CAS, and staff and are making application for that funding to be applied to the sediment trap (baffle box) project. • Baffle Boxes funded by SFWMD include two locations that will be started in the next month or so. i have attached a copy of the map locations, both in the NE part of town, and typical profile of the box. Managed to place one of the boxes Page 3 of 3 (NE 71h Av and 51h St) but have some work left to do before operational installation is complete. Police: • Union — I have enclosed the most recent communication from the Florida Police Benevolent Assoc (FPBA) through the Florida Public Employees Relations Commission. The Police Dept employees will no doubt soon be given the opportunity to join by vote if exceeding 51 % in favor. • Activity in the Police Dept last week included 118 service calls; 8 arrests, 27 citations and 30 written warnings along with 4 arrests. • Included in the 917105 Council Mtg packets was information on train whistle nuisance altemative. The vendor has contacted me and indicated his schedule is full for the next month or so, will be contacting me thereafter. • Met with County Board Ch. John Abney and Admin George Long about the County's endeavor to build a new Emergency Management office that will house the County's emergency radio dispatching. They have given this matter much study and have invited the City to participate if there's an interest. I haven't identified what `economies' we could realize but I have spoken to Chief Davis and naturally there's a tenitorial attitude. There was further discussion about the County's effort to better the radio service and 1 told them that the cost was prohibitive without grant contribution or piecemeal approach. Page 4 of 4 �j�r,► yV (At Ini /'i'erw;�r k WASTE 7 L MANAGEMENT we WASTE MANAGEMENT October 10, 2005 Brian Whitehall, City Administrator City of Okeechobee 55 Southeast P Avenue Okeechobee, Florida 34974 Re: Negotiation of Solid Waste Collection Franchise Agreement Dear Mr. Whitehall: Thank you for your letter of July 11', 2005_ SOUTH H FLORIDA MARKET p1ji)iic Sector Sen icti> The issues you raised as a result of discussions from the July City Council meeting were immediately addressed and resolved by Waste Management's manager and staff. I would like the opportunity to meet and further discuss the contract items relative to service times, rates and recycling. As you know, the current agreement expired on September 30t` of this year and Waste Management respectfully requests your consideration toward an expedited and mutually equitable extension of our public/ private partnership. Obviously, time is of essence and I am prepared to meet and discuss the rates and contract modifications at your earliest convenience. Waste Management is committed to serving you and the residents of Okeechobee by providing superior service and responsiveness. Respectfully, Director Cc: John Casagrande, Market Area Vice President Craig Ahal, District Manager i Dirixinit ed,Tair" 1ra,r:r ,nre:vinc. of Flon-dr; • 0 a, SECOND AMENDMENT TO FRANCHISE AGREEMENT THIS SECOND AMENDMENT TO FRANCHISE AGREEMENT is made this day of 2005 by and between the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ("City") and WASTE MANAGEMENT INC. OF FLORIDA, successor by merger to L.P. Sanitation, Inc., ("Contractor"). W ITNESSETH WHEREAS, the City and Contractor are parties to that certain Franchise Agreement dated July 7,1987, which provides for solid waste collection services with the City boundaries (the "Franchise Agreement"); and WHEREAS, the Franchise Agreement has been previously extended and modified; and WHEREAS, the parties desire to extend the term and make additional modifications to the Franchise Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Term of Franchise. Section 2 of the Franchise Agreement is deleted and replaced with the following - "Subject to the termination rights of the City, this franchise shall remain in full force and effect until September 30, 2010; provided furthermore, this franchise may thereafter be renewed for consecutive seven (5) year periods upon the same terms, conditions and limitations imposed hereby, Contractor shall give notice to the City of an intent to extend this Franchise Agreement at the end of the term, which notice shall be delivered to the City by Certified Mail, Return Receipt Requested, not later than one hundred and eighty (180) days prior to termination. For purposes of such notification, the City's address shall be: City Clerk, City of Okeechobee, 55 Southeast 3m Avenue, Okeechobee, Florida 34974." 2. Residential Bulk Pickup. Section 3(a) is amended by deleting the last two sentences of the paragraph and replacing same with the following: "Contractor shall collect up to 15 cubic yards of bulk items once per week on a day scheduled by Contractor. All bulk items shall be of the size and weight so as to be handled by Contractor's "clam truck". Bulk materials in excess of 15 cubic yards shall be collected by the Contractor provided that the resident pays Contractor for collection of the excess at $11.00 per cubic yard; such payment shall be made at the time the Contractor provides the service. The Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the City enters • into a written agreement with Contractor specifying the terms and compensation for such services. " 3. Cart Program. Section 3(b) is amended by adding the following to the end of the paragraph: "Residents shall place all solid waste and yard trash in the 96 gallon cart. The Contractor shall not collect solid waste or yard trash placed outside the cart on any regularly scheduled solid waste collection day. Residents who desire an additional cart may obtain same at a cost of $10 per month paid one year in advance. Residents are limited to one additional cart. Recipients of additional carts may discontinue the use of the cart, but shall forfeit and waive any unused advanced payment. Should a recipient of an additional cart who discontinues such service subsequently request resumption, within a twelve (12) month period of the additional cart, in addition to the one year's prepayment, such resident shall pay a delivery charge of $50.00." 4. Annual Review. Section 29 is'deleted and replaced with the following: "Commencing on the anniversary date of this Agreement, and each year thereafter, the rates shall be adjusted utilizing the indexing procedures provided for herein. The rates shall be adjusted on the basis of one hundred (100%) percent of any increase or decrease in the cost of living as reported in the Consumer Price Index for all urban consumers (U. S. City average-1967 =100, all items, Bureau of Labor Statistics of the United States Department of Labor), (the "Index"). The new rates shall be calculated multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of July prior to the respective anniversary date and the denominator of which shall be the index for the month of July, in the previous year. If the Index becomes unavailable, a reasonable substitute, as prepared by the United States Department of Labor or comparable federal agency shall be used. Contractor shall provide the City with prior written notice of any rate adjustment due to the change in the Index with a detailed calculation of how the new rates were determined together with documentation evidencing the adjustment. The Contractor shall also identify the amount and the reason for the rate adjustment on the next invoice sent to the customers after the rate adjustment. Further, WMIF shall, on a quarterly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp . After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost"), the corresponding fuel cost modifier will be calculated pursuant to the following table: L� DOE avg. at Least WM Surcharge o /o DOE avg. at Least WM Surcharge % DOE avg. at Least WM Surcharge % DOE avg. at Least WM Surcharge 0.95 0.00 1.47 2.60 1.99 5.20 2.51 2.52 7.80 7.85 0.96 0.05 1.48 2.65 2.00 2.01 5.25 5.30 2.53 7.90 0.97 0.10 1.49 1.50 2.70 2.75 2.02 5.35 2.54 7.95 0.98 0.99 0.15 0.20 1.51 2.80 2.03 5.40 2.55 8.00 1.00 0.25 1.52 2.85 2.04 5.45 2.56 2.57 8.05 8.10 1.01 0.30 1.53 2.90 2.05 2.06 5.50 5.55 2.58 8.15 1.02 0.35 1.54 1.55 2.95 3.00 2.07 5.60 2.59 8.20 1.03 1.04 0.40 0.45 1.56 3.05 2.08 5.65 2.60 8.25 1.05 0.50 1.57 3.10 2.09 5.70 2.61 2.62 8.30 8.35 1.06 0.55 1.58 3.15 2.10 2.11 5.75 5.80 2.63 8.40 1.07 0.60 1.59 1.60 3.20 3.25 2.12 5.85 2.64 8.45 1.08 1.09 0.65 0.70 1.61 3.30 2.13 5.90 2.65 8.50 1.10 0.75 1.62 3.35 2.14 5.95 2.66 2.67 8.55 8.60 1.11 0.80 1.63 3.40 2.15 2.16 6.00 6.05 2.68 8.65 1.12 0.85 1.64 1.65 3.45 3.50 2.17 6.10 2.69 8.70 1.13 1.14 0.90 0.95 1.66 3.55 2.18 6.15 2.70 8.75 1.15 1.00 1.67 3.60 2.19 6.20 2.71 2.72 8.80 8.85 1.16 1.05 1.68 3.65 2.20 2.21 6.25 6.30 2.73 8.90 1.17 1.10 1.69 1.70 3.70 3.75 2.22 6.35 2.74 8.95 1.18 1.19 1.15 1.20 1.71 3.80 2.23 6.40 2.75 9.00 1.20 1.25 1.72 3.85 2.24 6.45 2.76 2.77 9.05 9.10 1.21 1.30 1.73 3.90 2.25 2.26 6.50 6.55 2.78 9.15 1.22 1.35 1.74 1.75 3.95 4.00 2.27 6.60 2.79 9.20 1.23 1.24 1.40 1.45 1.76 4.05 2.28 6.65 2.80 9.25 1.25 1.50 1.77 4.10 2.29 6.70 2.81 2.82 9.30 9.35 1.26 1.55 1.78 4.15 2.30 2.31 6.75 6.80 2.83 9.40 1.27 1.60 1.79 1.80 4.20 4.25 2.32 6.85 2.84 9.45 1.28 1.29 1.65 1.70 1.81 4.30 2.33 6.90 2.85 9.50 1.30 1.75 1.82 4.35 2.34 6.95 2.86 2.87 9.55 9.60 1.31 1.80 1.83 4.40 2.35 2.36 7.00 7.05 2.88 9.65 1.32 1.85 1.84 1.85 4.45 4.50 2.37 7.10 2.89 9.70 1.33 1.34 1.90 1.95 1.86 4.55 2.38 7.15 2.90 9.75 1.35 2.00 1.87 4.60 2.39 7.20 2.91 2.92 9.80 9.85 1.36 2.05 1.88 4.65 2.40 2.41 7.25 7.30 2.93 9.90 1.37 2.10 1.89 1.90 4.70 4.75 2.42 7.35 2.94 9.95 1.38 1.39 2.15 2.20 1.91 4.80 2.43 7.40 2.95 10.00 1.40 2.25 1.92 4.85 2.44 7.45 2.96 2.97 10.05 10.10 1.41 2.30 1.93 4.90 2.45 2.46 7.50 7.55 2.98 10.15 1.42 2.35 1.94 1.95 4.95 5.00 2.47 7.60 2.99 10.20 1.43 1.44 2.40 2.45 1.96 5.05 2.48 7.65 3.00 10.25 1.45 2.50 1.97 5.10 2.49 7.70 1.46 2.55 1.98 5.15 2.50 7.75 In addition, the Contractor may petition the City to increase its fees based upon unusual increases in the cost of doing business or a change in law or regulation ("Change in Law"). A request for increase for Change in Law may be made at any time such change occurs. A request for change in cost of doing business may be made not more than once each year. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Operator's request in order to verify the increase in costs and the reasons therefor. "Change in Law" means (1) the adoption, promulgation, or modification after the date of this Agreement of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the date of this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the date of this Agreement, which in the case of either (1) or (II) establishes requirements affecting the Contractor's operation under this Agreement more burdensome than the requirements that are applicable to Contractor and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Contractor's operations per se, such fee, charge or tax shall be treated as a Change in Law. The Contractor's request must be made within one hundred twenty (120) days of the occurrence of such change or cost, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request, in whole or in part, within sixty- (60) days of receipt of the request and all other additional information required by the City. The City shall make a reasonable determination based upon the documentation provided in reaching its decision." 5. Force Majeure. New Section 31 is added: The performance of this Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or delayed by a force majeure occurrence. "Force Majeure" shall mean: (a) An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, or civil disturbance; (b) The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon or of a third party for whom the party relying thereon is • responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any permit or approval essential to the operation of the Contractor; (d) A Change in Law. (e) The failure of any appropriate federal, State, County, or local public agency or private utility or similar entity having operational jurisdiction in the area in which the Landfill is located, to provide and maintain utilities, services, water and sewer lines, transportation or similar function and power transmission lines which are required for and essential to the operation of the Landfill; (f) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the designated facility or any material portion or part thereof taken by the action of any federal, State or local governmental agency or authorities. As a condition precedent to the right to claim excuse of performance, the party experiencing a Force Majeure event shall: (a) Promptly notify the other party verbally; and (b) As soon as practical, but in no event more than ten (10) days thereafter, prepare and deliver to the other party a written notice with a written description of (1) the commencement of the Force Majeure event, (2) its estimated duration impact on the party's obligations, under this Agreement. Whenever a Force Majeure event shall occur, the parties shall, as quickly as possible, to the extent reasonable, eliminate the cause and resume performance under this Agreement. Additionally, either party shall provide prompt Notice to the other of the cessation of a Force Majeure event. 6. Schedule A. Schedule A (Rates) is deleted and replaced with new Schedule A annexed hereto. 7. All provisions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned set their hands and seals this day of 2005. Attest: Waste Management Inc. of Florida Attest: City Clerk APPROVED FOR LEGAL SUFFICIENCY: City Attorney by: City of Okeechobee, Florida by: Mayor OCT-12-2005 13:55 • STATE OF FLORIDA a �/Vrn 4.) PUBLIC EMPLOYEES RELATIONS COMMISSION FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., Petitioner, Case No. RC-2005-047 • HEARING OFFICER'S V. RECOMMENDED ORDER CITY OF OKEECHOBEE, Respondent. G. "Hal" Johnson, Tallahassee, attorney for petitioner. Brian Whitehall, Okeechobee, representative for respondent. SALMON, Hearing Officer. P.01/06 F_yl On August 23, 2005, the Florida Police Benevolent Association, Inc. (PBA) filed a representation -certification petition pursuant to Section 447.307, Florida Statutes (2005),' seeking to represent a bargaining unit of law enforcement officers composed of patrol officers, sergeants, and detectives employed by the City of Okeechobee (City). The petition was found sufficient, and an evidentiary hearing is scheduled for tomorrow, October 13; the hearing is CANCELLED due to the issuance of this order? On October 3, the PBA filed a prehearing statement asserting that it was seeking to represent those employees in classifications which were included in the 'All statutory citations are to the 2005 edition of the Florida Statutes. 2The parties have been notified of the cancellation of the hearing through service of this order by electronic facsimile transmission today. OCT-12-2005 13:56 • • P.02i06 RC-2005-047 nonsupervisory bargaining unit previously defined by the Commission. Teamsters Local Union 769 International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America v City of Okeechobee, 13 FPER 118051 (1987). The PBA also asserted that it was unaware of any changes in the duties and responsibilities of bargaining unit classifications which would warrant modifying the previously defined unit. On October 5, the PBA amended its petition to conform to the bargaining unit previously defined by the Commission. That same day, the City was notified by a hearing officer's order that if it did not file a response to the amended petition by October 11, 1 would assume that the duties and responsibilities of those classifications previously included and excluded have not changed substantially, the PBA's petition did not raise disputed issues of fact, and the City did not oppose conducting an election in the previously defined bargaining unit. My order further stated that, upon such a contingency, I would cancel the hearing. The City did not file a response. Based on the Commission's records, I make the following undisputed finding of fact: The duties and responsibilities of those classifications previously included and excluded have not changed substantially since the Commission's previous decision defining the bargaining unit. 2 - • • P.03i06 OCT-12-2005 13:56 RC-2005-047 ANALYSIS The Commission has previously found that the petitioned -for unit of non - supervisory law enforcement personnel is an appropriate unit. Given the facial appropriateness of a City-wide unit of non -supervisory, sworn law enforcement personnel, the Commission's prior determination that the petitioned -for unit is appropriate, and that there have been no changes in the bargaining unit employees' duties since the unit was previously defined, I conclude that the petitioned -for unit is appropriate for the purpose of collective bargaining. CONCLUSIONS OF LAW 1. The PBA is an employee organization within the meaning of Section 447.203(11), Florida Statutes, and it is registered pursuant to Section 447.305, Florida Statutes. 2. The City is a public employer within the meaning of Section 447.203(2), Florida Statutes. 3, The Commission has jurisdiction of this representation -certification petition. 4. The following undisputed unit is appropriate for the purpose of collective bargaining within the meaning of Section 447.307(3)(a), Florida Statutes: I OCT-12-2005 13:56 • • P.04/06 RC-2005-047 INCLUDED: All regular and probationary police officers, including patrolmen and detectives. EXCLUDED: Sergeants, captain, chief of police, and all other employees of the City of Okeechobee, RECOMMENDATION 1 recommend that the Commission adopt this recommended order and direct an election in the above -described unit as soon as is practicable. Any party may file exceptions to my recommended order, but exceptions must be . ' received by the Commission within fifteen days from the date of this order. See Fla. Admin. Code Rule 28-106.217(1). An extension of time for filing exceptions will not be granted unless good cause is shown. ISSUED and SUBMITTED to the Public Employees Relations Commission in accordance with Florida Administrative Code Rule 28-106.216 and SERVED on all parties this _ 1 -�- tti day of October, 2005. WDS/mad WILLIAM D. SALMON Hearing Officer .19 OCT-12-2005 13:56 • • P.05i06 RC-2005-047 cc: G. "Hal" Johnson, Esquire 300 East Brevard Street Tallahassee, Florida 32301 Brian Whitehall 55 Southeast 3rd Avenue Okeechobee, Florida 34974 5 OCT-12-2005 13:56 - • • P.06i06 r NOTICE EFFECTIVE OCTOBER 103 2003 Pursuant to the Uniform Facsimile Signature of Public Officials Act, Section 116.34, Florida Statutes, this order is being issued to you by facsimile delivery. You will NOT receive a duplicate paper copy by mail. Accordingly, please retain this facsimile as your copy.of the order. If you have encountered problems with the electronic delivery of the copy, please contact the commission's Clerk at (850) 488- 8641. P . 06 • WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF_ 1/2000 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Dowling R. Wdtford, Jr. , hereby disclose that on October 18, , 2005 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ inured to the special gain or loss of my relative, x inured to the special gain or loss of Ckesc obee Fbrd Motor 0mlaWW by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: October 18, 2005 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. PAGE 2 CE FORM 813 - EFF. 1/2000