2006-05-02 Regular Meeting535
CITY OF OKEECHOBEE
MAY 212006 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
I. CALL TO ORDER - Mayor:
May 2, 2006 Regular City Council Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation by Pastor Al Jaquith, First Baptist Church of Basinger;
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 April 18, 2006 Regular Meeting.
PAGE OF12
Mayor Kirk called the May 2, 2006 Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by Pastor Jaquith of the First Baptist Church of Basinger;
The Pledge of Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Present
Present
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the April
18, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item.
VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
536 MAY 2, 2006 - REGULAR MEETING - PAGE 2 OF 12
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda.
agenda. There were none.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6: 03 P.M.
A. 1. a) Motion to remove from the table proposed Ordinance No. 934 - City IIIWilliams.
Council MemberWatford movedto remove from thetable proposed Ordinance No. 934; seconded byCouncil Member
Planning Consultant (Exhibit 1).
b) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
2. a) Motion to read by title only, proposed Ordinance No. 934 regarding
Council Member Watford moved to read by title only, proposed Ordinance No. 934 regarding Future Land Use Map
Future Land Use Map Application No. 06-004-SSA, submitted by
Application No. 06-004-SSA, submitted by Malissa Morgan on behalf of property owner, A Childs World Childcare and
Malissa Morgan on behalf of property owner, A Childs World
Preschool, Inc, to change the land designation from SF to MF for Lots 4-6 of Block 251, Fist Addition to Okeechobee;
Childcare and Preschool, Inc, to change the land designation from
seconded by Council Member Chandler.
SF to MF for Lots 4-6 of Block 251, Fist Addition to Okeechobee -
City Planning Consultant (Exhibit 1).
11
b) Vote on motion to read by title only. III VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
II CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 934 by title only. Attorney Cook read proposed Ordinance No. 934 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING THECITYOFOKEECHOBEE COMPREHENSIVEPLAN, ORDINANCENO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE
PARTICULARL Y DESCRIBED HEREIN FROM SINGLE FAMILY(SF) TO MULTI-FAMILY(MF); PROVIDING FOR
INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN;
PROVIDING FOR AN EFFECTIVE DATE."
3. a) Motion to adopt proposed Ordinance No. 934. 111 Council Member Markham moved to adopt proposed Ordinance No. 934; seconded by Council Member Chandler.
MAY 212006 - REGULAR MEETING - PAGE 3 OF 12 537
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 3. b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 06-
004-SSA submitted by Malissa Morgan, a co-owner of the property, A Child's World Childcare and Preschool, Inc. The
Land Planning Agency reviewed the application at their April 25, 2006 meeting. Their recommendation is for approval.
At the meeting, and as noted in the LPA minutes, Mrs. Pat Hickman of Okeechobee County's Early Learning Coalition
addressed the shortage of childcare centers within the County and that the expansion of the facility is desperately
needed. There is a rezoning (No. 06-003-R) which is being processed along with this application for Residential
Multiple Family. A special exception to allow a child care facility within a RMF zoning district was addressed by the
Board of Adjustments on April 25, 2006 and was approved subject to the Land Use and Rezonings being adopted.
Mr. Jim LaRue, City Planning Consultant addressed the Council by reviewing the Planning Staff Report contents, as
well as documenting the recommendation for approval. Report Summary: The applicant is requesting a Future Land
Use Map change from Single Family to Multi -Family to expand an existing day care facility located on Lots 1, 2 and
3. The existing use is immediately north of the subject property and, according to the applicant has 165 students and
5-full time employees. The applicant stated that the new facility will care for approximately 60 pre-school aged children
and operate the same hours as the existing facility. This equates to two separate but adjacent facilities with over 220
students at this location.
Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request for a Small Scale Map
Amendment to allow a Multi -Family Future Land use category is consistent with the Multi -Family Future Land Use
category described in the Comprehensive Plan. (B) The OUA's water and sewer service area includes the subject
property and adequate public facilities are available. Impacts on the local roadways will be minimal. As stated earlier,
in speaking with the applicant there are 165 students enrolled in the existing day care and 5 full time employees. The
proposed facility will care for another 60 students and the necessary employees. Ingress and egress to the site may
create some impacts on roads adjacent to the site, but not cause them to operate below the adopted level of service
standards. (C) The requested map amendment is deemed compatible with adjacent uses in the area. Property to
the North has a future land use of Commercial, zoning of RMF and is an existing day care, including across the street
to the North of the existing facility, is another child care facility. To the East is the Central Elementary campus which
is designated public facilities. To the South there is a single family residence and zoning. To the West is Single Family
land use, with a Holding zoning designation and is the Scared Heart Catholic Church. Except for Single -Family uses
to the South, the church and school nearby are also similar in impacts and activity. (D) The applicant has submitted
adequate information which shows this property in terms of roadways capacity and compatibility would be best served
by changing its Future Land Use Classification to Multi -Family.
533
MAY 2, 2006 - REGULAR MEETING - PAGE 4 OF 12
VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 3. b) Public comments and discussion continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
NEW BUSINESS.
A.1. a) Motion to read by title only, and set May 16, 2006 as a final public
hearing date for proposed Ordinance No. 946 regarding Rezoning
Petition No. 06-003-R, submitted by Malissa Morgan on behalf of
the property owner, A Child's World Childcare and Preschool, Inc.,
to rezone Lots 4 to 6, Block 251, First Addition to Okeechobee, from
RSF-1 to RMF - City Planning Consultant (Exhibit 2).
Mayor Kirk asked whether there were any questions or comments from the public. Mrs. Pat Hickman addressed the
Council stressing the importance of this facility. There are over 200 children in Okeechobee County on waiting lists
to enter child care facilities. Two facilities have recently closed. Also noted that out of three counties, A Child's World
scored the highest on inspections. Council Member Markham clarified the location of the property and that it would
be accessed from Southwest 7" Avenue.
VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:09 P.M.
Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing date for proposed
Ordinance No. 946 regarding Rezoning Petition No. 06-003-R, submitted by Malissa Morgan on behalf of the property
owner, A Child's World Childcare and Preschool, Inc., to rezone Lots 4 to 6, Block 251, First Addition to Okeechobee,
from RSF-1 to RMF; seconded by Council Member Williams.
b) Vote on motion to read by title only and set final public hearing date. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 946 by title only. Attorney Cook read proposed Ordinance No. 946 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 RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT;
AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE."
539
1
MAY 2, 2006 - REGULAR MEETING - PAGE 5 OF 12
VII. NEW BUSINESS CONTINUED.
A. 2. a) Motion to approve the first reading of proposed Ordinance No. 946. Council Member Markham moved to approve the first reading of proposed Ordinance No. 946; seconded by Council
III Member Chandler.
b) Discussion. Mr. LaRue briefly addressed the Council regarding the rezoning. This is the rezoning to follow the above addressed
Future Land Use Map Amendment. The Planning Board and Planning Staff are recommending approval and it was
found to be consistent with land planning regulations.
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
B.1. a) Motion to read by title only, and set May 16, 2006 as a final public Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing date for proposed
hearing date for proposed Ordinance No. 947 regarding the General Ordinance No. 947 regarding the General Employees' and the Okeechobee Utility Authority Employees' Retirement
Employees' and the Okeechobee Utility Authority Employees' System; seconded by Council Member Williams.
Retirement System - City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set final public hearing. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 947 by title only. Attorney Cook read proposed Ordinance No. 947 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.828; AMENDING SECTION
1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED SERVICE", AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 15, DISTRIBUTION OF BENEFITS; AMENDING
SECTION 24, DIRECT TRANSFERS OF ELIGIBLE FOR ROLLOVER DISTRIBUTIONS, AMENDING SECTION 28,
DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY
OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
11 DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 947. jl� Council Member Markham moved to approve the first reading of proposed Ordinance No. 947; seconded by Council
I Member Chandler.
540 MAY 2, 2006 - REGULAR MEETING - PAGE 6 OF 12
VII. NEW BUSINESS CONTINUED.
B. 2. b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a
11 cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which
apply to tax qualified pension plans:
Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation
and payment of the Joint and Survivor benefit option.
2. Section 15, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution
requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess
of $1,000.00. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401
(a)(31)(13)) provision that would require the Board of Trustees to establish an IRA for any member or former
member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash
distribution or a rollover of the amount to be distributed.
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
C.1. a) Motion to read by title only, and set May 16, 2006 as a final public In Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing date for proposed
hearing date for proposed Ordinance No. 948 regarding iiie Police Ordinance No. 948 regarding the Police Officers Pension Trust Fund; seconded by Council Member Williams.
Officers Pension Trust Fund - City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set final public hearing. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
MAY 2, 2006 - REGULAR MEETING - PAGE 7 OF 12 541
VII. NEW BUSINESS CONTINUED.
C.1.c) City Attorney to read proposed Ordinance No. 948 by title only. Attorney Cook read proposed Ordinance No. 948 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST
FUND, ADOPTED PURSUANT TO ORDINANCE NO.888; AMENDING SECTION 1, DEFINITIONS, BYAMENDING
THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS;
AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN,
PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 948. Council Member Markham moved to approve the first reading of proposed Ordinance No. 948; seconded by Council
11 Member Chandler.
b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a
cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which
apply to tax qualified pension plans:
1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation
and payment of the Joint and Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution
requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess
of $1,000.00. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401
(a)(31)(13)) provision that would require the Board of Trustees to establish an IRA for any member or former
member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash
distribution or a rollover of the amount to be distributed.
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
542
MAY 2, 2006 - REGULAR MEETING - PAGE 8 OF 12
IX. NEW BUSINESS CONTINUED.
D.1. a) Motion to read by title only, and set May 16, 2006 as a final public Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing date for proposed
hearing date for proposed Ordinance No. 949 regarding the Ordinance No. 949 regarding the Firefighters' Pension Trust Fund; seconded by Council Member Williams.
Firefighters' Pension Trust Fund - City Attorney (Exhibit 3).
b) Vote on motion to read by title only and set final public hearing. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 949 by title only. Attorney Cook read proposed Ordinance No. 949 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT
TO ORDINANCE NO. 889, AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF
"CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION 16,
DISTRIBUTION OF BENEFITS; AMENDING SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 949. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 949; seconded by Council
Member Chandler.
b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able to attend the meeting. In a
cover letter, he outlined the purpose of the changes due to recent amendments to the Internal Revenue Code which
apply to tax qualified pension plans:.
1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations on the calculation
and payment of the Joint and Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the minimum distribution
requirements of Internal Revenue Code Section 401(a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash distributions in excess
of $1,000.00. These changes are proposed to eliminate the effects of a new Internal Revenue Code (401
(a)(31)(13)) provision that would require the Board of Trustees to establish an IRA for any member or former
member who is due an involuntary distribution and who fails to elect, in writing, to receive either a cash
distribution or a rollover of the amount to be distributed.
MAY 2, 2006 - REGULAR MEETING - PAGE 9 OF 12 543
VII. NEW BUSINESS CONTINUED.
D. 2. c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
E.1. a) Motion to read by title only, and set June 6, 2006 as a final public Council Member Williams moved to read by title only, and set June 6, 2006 as a final public hearing date for proposed
hearing date for proposed Ordinance No. 950 regarding Alley Ordinance No. 950 regarding Alley Closing Application No. 80, submitted by Brad Goodbread; seconded by Council
Closing Application No. 80, submitted by Brad Goodbread - City Member Watford.
Attorney (Exhibit 6). 11
b) Vote on motion to read by title only and set final public hearing. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 950 by title only. Attorney Cook read proposed Ordinance No. 950 by title only as follows: "AN ORDINANCE CLOSING, VACATING
AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 18, CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY,
FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF
THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE "
2. a) Motion to approve the first reading of proposed Ordinance No. 950. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 950; seconded by Council
Member Chandler.
b) Discussion. Alley Closing Application No. 80 was submitted by Bradley Goodbread as a representative of Gabee, Inc., and George
A. Goodbread, property owners. The purpose of this ordinance is to close the East to West alleyway within Block 18
of the'City of Okeechobee. The North to South alleyway will remain open to the public. No easements are being
requested by the utility companies. The only City Staff objection was by the City Engineer and Administrator. The
property is proposed to be developed for a multi -family apartment complex. Council Member Watford noted that the
matter was discussed thoroughly at the April 18 meeting, including a brief review of the preliminary site plan.
544
MAY 2, 2006 - REGULAR MEETING - PAGE 10 OF 12
VII. NEW BUSINESS CONTINUED.
E. 2. c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
F. Motion to change Mike O'Connor's term for the citizen boards from II! Council Member Watford moved to change Mike O'Connor's term for the citizen boards from April 30, 2009 to April
April 30, 2009 to April 30, 2008 - City Clerk. 30, 2008; seconded by Council Member Williams.
Clerk Gamiotea explained that after the appointments were made at the last meeting she discovered that Carol Johns
term actually ended in 2008 and Mr. O'Connor was appointed to fill the rest of her term causing the request to make
the change.
VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
G. Discuss and set the schedule for summer meetings - City Enclosed with Exhibit Seven were calendars of June and July 2006, listing all city meeting dates and times. During
Administrator (Exhibit 7). the summer months the Council will generally meet once a month rather than twice a month. Staff advised that both
June meetings will be required due to rezoning applications that were submitted in April. However, the first meeting
in July falls on a holiday (July 4). Mayor Kirk instructed Administrator Whitehall to cancel the July 4 meeting.
Should emergency issues arise between June 20 and July 18, a special meeting could be called.
H. Discussion pertaining to the Hamrick Trust - City Administrator. Mayor Kirk yielded the floor to Mr. David Hamrick, Co -Trustee of the Hamrick Estate, who gave a detailed history of
the creation of the City of Okeechobee Subdivision, as recorded in Okeechobee County Records, Plat Book 1 Page
10 and Plat Book 5, Page 5. The original plat entitled `Town of Company" was originally created by the Okeechobee
Land Company in 1914, and was recorded in St. Lucie County in Plat Book 2 Page 17, since Okeechobee had not
been made a county, nor was the City incorporated at that time. Later it was recorded in Okeechobee, (in the
previously stated records). He noted that the original dedication was never accepted by the City. Mr. Hamrick then
went on to read the wording in the dedication. The Trust becomes a factor when any roadway, alleyway, right-of-way,
or park is no longer used for public use within the City of Okeechobee Subdivision or the First Addition to the City of
III Okeechobee Subdivision.
545
MAY 2, 2006 - REGULAR MEETING - PAGE 11 OF 12
1
VII. NEW BUSINESS CONTINUED.
H. Discussion pertaining to the Hamrick Trust continued.
I. Discussion pertaining to the re-evaluation fo the Green Market
policy - City Administrator.
The City has been overseeing the improvements, maintenance, and scheduling the use of parks for years. The
qualifications to use the parks are, that the group has to be a local civic organization, church, community group, or
non-profit organization. The problem that has risen is when a non-profit, who qualifies to use the parks, "sub -lets" the
park to for -profit or "commercialized" individuals. The Chamber of Commerce and Okeechobee Main Street's Green
Market were the two key organizations causing the most concern by the Trust.
There was a lengthy discussion between the Mayor, Council, City Staff, Mr. Hamrick, Michael Hamrick and John
Hamrick. Interested citizens that asked to speak on the matter were Terry Burroughs (Treasurer to Okeechobee Main
Street "OKMS"), Maureen Burroughs (President, OKMS and City business owner), Lonnie Kirsh and Anna Jane
Breland. Mrs. Kirsh addressed the Council concerning a new festival that was being formulated (by OKMS) to expose
the community's children to cultural arts. Okeechobee is the only surrounding county that does not teach art in the
elementary schools. OKMS hoped to expose all different types of art to the children through this festival, which would
allow for -profit artists to display their art, and offer interaction to the artist. She noted that the "sales" of the pieces of
art are not what the festival will be centered around, not to mention the fact that they would not be affordable for the
children to purchase. The final conclusion of the discussion was that a committee is formed in order to work toward
a resolution of the differences between what the Trust thinks are regulations for using the parks and what the City is
allowing.
Council Member Watford moved to appoint both Trustee's, David Hamrick and Gil Culbreth, and their legal counsel,
Michael Hamrick, the Mayor, City Attorney, and City Administrator to the committee. This committee will meet to
establish an agreement and/or guidelines for the use of the parks. The guidelines would then be forwarded to the
Council for final approval; seconded by Council Member Chandler.
VOTE
KIRK - YEA MARKHAM - YEA WILLIAMS - YEA
CHANDLER - YEA WATFORD - YEA MOTION CARRIED.
Mr. Burroughs advised that Main Street will not be requesting to extend the Green Market, as had previously been
stated, but that it would end and request to begin again in October. The matter will be brought back to the Council at
a later date.
546
MAY 2, 2006 - REGULAR MEETING - PAGE 12 OF 12
VIII. 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 purpose of backup for official records of the Clerk.
C-
James E. Kirk, Mayor
ATTEST:
Lane amiotea, d MC, City Clerk
THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:30 P.M.
The next regularly scheduled meeting is May 16, 2006.
AFFIDAVIT -OF PUBLISHER
OKEEC BEE TIMES
106 S.E. 5th St., Okeechobee, FL 34974
(863) 763-7583
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 Notice of City Council Meeting PO #130561
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 04/27/2006
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has
been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
James A. (Hughes, Jr., (Publisher)
Sworn to and subscribed before me
this ��1L day off
t,
A.D. 2006
(SEAL) Notary Public � `1Sea1ee A. Brennan
"Sky pf"
2. = Commission #DD318483
Expires: Jun 25, 2008
Bonded "Chet
FOF f�
Atiantfc Bonding Co. -.Inc.
CITY COUNCIL REGULAR
MEETING NOTICE
NOTICE IS HEREBY GIVEN that the
. City Council of City of Okeechobee will meet
in Regular Session on Tuesday, May 2, 2",
6t0o p.m., nt City Hull, 55 SE 3N Ave., Rm.
200, Okeechobee, Florida The public is in-
vited and encouraged to attend. For a copy of
the agenda contact City Administration at (863)
763-3372 z 212.
PLEASE TAKE NOTICE AND BE
ADVISED that if MY person desires to ap-
peal any decision made by the City Council
with respect to any matter considered at this
meeting, such interested person will need a
record of the proceedings, and for such pur-
Pose may Deed to ensure a verbatim record
of the proceedings is made, which record in-
cludes the testimony and evidence upon which
the appeal is to be based Tapes ate used for
the sole Purpose of back-up for the Clerk's
Office.
In accordance with the Americans with
Disabilities Act (ADA) and Florida Statute
286.26, persons with disabilities needing spe-
cial acconmiodanon to panicipate in this pm-
ceeding should contact Lane Gamiotea, no
later than two (2) working days prior to the
Procecding at 863-763-3372 a 214; if you are
hearing or voice impaired, call TDD 1-800-
222-3448 (voice) or 1-888-447-5620 (Try).
by James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
PUBLISH M7/2o06
OKEECHOBEE TIMn
•
•
Page -1-
Tape 1 side A 6:00 p.m.
CITY OF OKEECHOBEE - May 2, 2006 - REGULAR CITY COUNCIL MEETING.
HANDWRITTEN MINUTES
I. CALL TO ORDER - Mayor: Kirk, May 2, 20 66 City Council Regular Meeting 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith 1s' Baptish Church of Basinger:
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
X
X
X
X
X
X
X
X
EIn
n
X
IV. MINUTES - City Clerk.
A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council
Action for the April 18, 2006 Regular Meeting; seconded by Council Member Williams.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. None.
Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M.
A.1. a) Council Member Watford moved to remove from the table proposed Ordinance No. 934 -City Planning
Consultant (Exhibit 1); seconded by Council Member Williams.
b) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
WATFORD X
L. WILLIAMS X
0
MOTION: CARRIED.
Page -2-
2. a) Council Member Watford moved to read by title only, proposed Ordinance No. 934 regarding Future
Land Use Map Application No. 06-004-SSA, submitted by Malissa Morgan on behalf of property
owner, A Childs World Childcare and Preschool, Inc, to change the land designation from SF to MF
for Lots 4-6 of Block 251, Fist Addition to Okeechobee - City Planning Consultant (Exhibit 1);
seconded by Council Member Chandler.
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. 934 by title only as follows: "AN ORDINANCE OF THE
CITY OFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE
PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON
A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE
FAMILY (SF) TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND
REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE."
3. a) Council Member Markham moved to adopt proposed Ordinance No. 934; seconded by Council
Member Chandler.
b) Public comments and discussion.
This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application
No. 06-004-SSA submitted by Malissa Morgan, a co-owner of the property, A Child's World Childcare and
Preschool, Inc. The Land Planning Agency reviewed the application at their April 25, 2006 meeting. Their
recommendation is for approval. At the meeting, and as noted in the LPA minutes, Mrs. Pat Hickman of
Okeechobee County's Early Learning Coalition addressed the shortage of childcare centers within the County
and that the expansion of the facility is badly needed. There is a rezoning (No. 06-003-R) which is being
processed along with this application for Residential Multiple Family. A special exception to allow a child care
facility within a RMF zoning district was addressed by the Board of Adjustments on April 25, 2006 and was
approved subject to the Land Use and Rezonings being adopted.
Mr. Jim LaRue, City Planning Consultant addressed the Council by reviewing the Planning Staff Report
contents, as well as documenting the recommendation for approval. Report Summary: The applicant is
requesting a Future Land Use Map change from Single Family to Multi -Family to expand an existing day care
facility located on Lots 1, 2 and 3. The existing use is immediately north of the subject property and, according
to the applicant has 165 students and 5-full time employees. The applicant stated that the new facility will care
for approximately 60 pre-school aged children and operate the same hours as the existing facility. This
equates to two separate but adjacent facilities with over 220 students at this location.
Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request for a Small Scale Map
Amendment to allow a Multi -Family Future Land use category is consistent with the Multi -Family Future Land
Use category described in the Comprehensive Plan. (B) The OUA's water and sewer service area includes
the subject property and adequate public facilities are available. Impacts on the local roadways will be minimal.
As stated earlier, in speaking with the applicant there are 165 students enrolled in the existing day care and
5 full time employees. The proposed facility will care for another 60 students and the necessary employees.
Ingress and egress to the site may create some impacts on roads adjacent to the site, but not cause them to
operate below the adopted level of service standards. (C) The requested map amendment is deemed
compatible with adjacent uses in the area. Property to the North has a future land use of Commercial, zoning
of RMF and is an existing day care, including across the street to the North of the existing facility, is another
child care facility. To the East is the Central Elementary campus which is designated public facilities. To the
Page -3-
South there is a single family residence and zoning. To the West is Single Family land use, with a Holding
zoning designation and is the Scared Heart Catholic Church. Except for Single -Family uses to the South, the
church and school nearby are also similar in impacts and activity. (D) The applicant has submitted adequate
information which shows this property in terms of roadways capacity and compatibility would be best served
by changing its Future Land Use Classification to Multi -Family.
Mayor Kirk asked whether there were any questions or comments from the public. Pat Hickman addressed the
Council again stressing the importance of this facility. Over 200 children on waiting list, two facilities recently
closed, child's world out of 3 counties scored highest on evaluation facilities inspections.
Markham, when you looked at map, already own lots 1-3, changing on 3 south lots, access of southwest 71n
avenue, request is for the back part kind of hard to understand on the map, have no problem with the
application. LaRue and playground will be shared, entrance will be off of 7tn avenue.
Watford confirmed se pending approval of map amendment.
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 6:09 P.M.
NEW BUSINESS.
A.1. a) Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing
date for proposed Ordinance No. 946 regarding Rezoning Petition No. 06-003-R, submitted by Malissa
Morgan on behalf of the property owner, A Child's World Childcare and Preschool, Inc., to rezone Lots
4 to 6, Block 251, First Addition to Okeechobee, from RSF-1 to RMF - City Planning Consultant
(Exhibit 2); seconded by Council Member Williams.
b) Vote on motion to read by title only and set final public hearing date.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
c) Attorney Cook read proposed Ordinance No. 946 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 RESIDENTIAL
MULTIPLE FAMILY (RMF) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY;
PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE DATE."
2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 946;
seconded by Council Member Chandler.
b) Discussion. Mr. LaRue, consistent with land use. This is the rezoning to follow the above addressed
Future Land Use Map Amendment. The Planning Board and Planning Staff are recommending
approval. This is the first reading.
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
Page -4-
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
B.1. a) Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing
date for proposed Ordinance No. 947 regarding the General Employees' and the Okeechobee Utility
Authority Employees' Retirement System - City Attorney (Exhibit 3); seconded by Council Member
Williams.
b) Vote on motion to read by title only and set final public hearing.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
WATFORD X
WILLIAMS X
MOTION: CARRIED.
c) Attorney Cook read proposed Ordinance No. 947 by title only as follows: "AN ORDINANCE OF THE
CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY
A UTHORITYEMPLO YEES'RETIREMENTSYSTEM, ADOPTED PURSUANT TO ORDINANCE NO.
828; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED
SERVICE", AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS, AMENDING SECTION
15, DISTRIBUTION OFBENEFITS, AMENDINGSECTION24, DIRECT TRANSFERS OFELIGIBLE
FOR ROLLOVER DISTRIBUTIONS; AMENDING SECTION28, DEFERRED RETIREMENT OPTION
PLAN, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABILITY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE."
2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 947;
seconded by Council Member Chandler.
b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able
to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent
amendments to the Internal Revenue Code which apply to tax qualified pension plans:
Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations
on the calculation and payment of the Joint and Survivor benefit option.
2. Section 15, Distribution of Benefits, has been amended to incorporate changes to the
minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These
changes are based upon model language supplied by the IRS for inclusion in tax -qualified
pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash
distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of
a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of
Trustees to establish an IRA for any member or former member who is due an involuntary
distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover
of the amount to be distributed.
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
Page -5-
WATFORD X
L. WILLIAMS X
MOTION: CARRIED.
C.1. a) Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing
date for proposed Ordinance No. 948 regarding the Police Officers Pension Trust Fund - City Attorney
(Exhibit 3); seconded by Council Member Williams.
b) Vote on motion to read by title only and set final public hearing.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
WATFORD X
WILLIAMS X
MOTION: CARRIED.
c) Attorney Cook read proposed Ordinance No. 948 by title only as follows: "AN ORDINANCE OF THE
CITY OF OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE MUNICIPAL POLICE
OFFICERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO. 888;
AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF "CREDITED
SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
16,DlSTRIBUT►ONOFBENEFITS,AMENDINGSECTION26, DIRECT TRANSFERSOFEL►GIBLE
ROLLOVER DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED RETIREMENT OPTION
PLAN, PROVIDING FOR CODIFICATION, PROVIDING FOR SEVERABIL1TY OF PROVISIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE. "
2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 948;
seconded by Council Member Chandler.
b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able
to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent
amendments to the Internal Revenue Code which apply to tax qualified pension plans:
Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations
on the calculation and payment of the Joint and Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the
minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These
changes are based upon model language supplied by the IRS for inclusion in tax -qualified
pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash
distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of
a new Internal Revenue Code (401 (a)(31)(13)) provision that would require the Board of
Trustees to establish an IRA for any member or former member who is due an involuntary
distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover
of the amount to be distributed.
c) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
Page -6-
D.1. a) Council Member Watford moved to read by title only, and set May 16, 2006 as a final public hearing
date for proposed Ordinance No. 949 regarding the Firefighters' Pension Trust Fund - City Attorney
(Exhibit 3); seconded by Council Member Williams.
b) Vote on motion to read by title only and set final public hearing.
VOTE YEA NAY ABSTAIN ABSENT
KIRK X
CHANDLER X
MARKHAM X
WATFORD X
WILLIAMS X
MOTION: CARRIED.
c) Attorney Cook read proposed Ordinance No. 949 by title only as follows: "AN ORDINANCE OF THE
CITY OF OKEECHOBEEAMENDING THE MUNICIPAL FIREFIGHTERS, PENSION TRUST FUND,
ADOPTED PURSUANT TO ORDINANCE N0. 889, AMENDING SECTION 1, DEFINITIONS, BY
AMENDING THE DEFINITION OF "CREDITED SERVICE"; AMENDING SECTION 10, OPTIONAL
FORMS OF BENEFITS; AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING
SECTION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS, AMENDING
SECTION 28, DEFERRED RETIREMENT OPTION PLAN, PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 949;
seconded by Council Member Chandler.
b) Discussion. This ordinance was submitted by Pension Attorney Scott Christiansen, who was not able
to attend the meeting. In a cover letter, he outlined the purpose of the changes due to recent
amendments to the Internal Revenue Code which apply to tax qualified pension plans:
1. Section 10, Optional Forms of Benefits, has been amended to reflect revised IRS limitations
on the calculation and payment of the Joint and Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate changes to the
minimum distribution requirements of Internal Revenue Code Section 401(a)(9). These
changes are based upon model language supplied by the IRS for inclusion in tax -qualified
pension plans.
3. Various sections of the plan have also been amended to eliminate any mandatory cash
distributions in excess of $1,000.00 These changes are proposed to eliminate the effects of
a new Internal Revenue Code (401 (a)(31)(B)) provision that would require the Board of
Trustees to establish an IRA for any member or former member who is due an involuntary
distribution and who fails to elect, in writing, to receive either a cash distribution or a rollover
of the amount to be distributed.
c) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
E.1. a) Council Member Williams moved to read by title only, and set June 6, 2006 as a final public hearing
date for proposed Ordinance No. 950 regarding Alley Closing Application No. 80, submitted by Brad
Goodbread - City Attorney (Exhibit 6); seconded by Council Member Watford.
b) Vote on motion to read by title only and set final public hearing.
Page -7-
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
c) Attorney Cook read proposed Ordinance No. 950 by title only as follows: "AN ORDINANCE
CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED
HEREIN, WITHIN BLOCK 18, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK5, PAGE
5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK
TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE. "
2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 950;
seconded by Council Member Chandler.
b) Discussion. Alley Closing Application No. 80 was submitted by Bradley Goodbread as a representative
of Gabee, Inc., and Goerge A. Goodbread, property owners. The purpose of this ordinance is to close
the East to West alleyway within Block 18 of the City of Okeechobee. The North to South alleyway will
remain open to the public. No easements are being requested by the utility companies. The only City
Staff objection was by the City Engineer and Administrator. The property is proposed to be developed
for a multi -family apartment complex. Watford discussed at first meeting, saw site plan, looks pretty
good.
c) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
F. Council Member Watford moved to change Mike O'Connor's term for the citizen boards from April 30,
2009 to April 30, 2008 - City Clerk; seconded by Council Member Williams.
After the appointments made at the last meeting I discovered that Carol Johns term actually ended in 2008
and Mr. O'Connor was appointed to fill the rest of her term there I am requesting the change.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
L. WILLIAMS
X
MOTION: CARRIED.
G. Discuss and set the schedule for summer meetings - City Administrator (Exhibit 7).
Calendars for June and July 2006 were included in Exhibit Seven. While the City prefers to have only one
meeting in June and July for the summer months, due to rezoning applications submitted in April, both
meetings in June will have to be held. The first meeting in July falls on a holiday therefore it needs to be
cancelled.
H. Discussion pertaining to the Hamrick Trust - City Administrator.
Tape 1 Side B 6:20 p.m. - Feb 6, 2006 last time hamrick trust was discussed, instructed staff to bring back up
at this meeting to discuss main street's use with the green market.
Dowling us or them first?
Mayor yield to Mr. David Hamrick, born raised educated in okee last of my generation of the hamricks trustee
and 1 of 4 surviving heirs, my son will be my replacement of the trustee, no longer resident of okeechobee but
want to address the issue. Used to play football in those parks, desire to see all kids play barefoot in those
parks, most familiar with the controversery regarding the ownership of the parks, shouldn't be controversy
distrissed when I read your attorney letter of the ownership, holds title in trust for the public, flabergasted
someone as attorney would conclude this, wise man once said if a man doesn `t read and head history he will
make it again, indulge me just a little bit, 1914 real estate company, legally incorp owned sections 15 1617
st lucie county at that time, okee company drew plat, parks street alleys, township map 2/17 st lucie county,
okeechobee county transferred to county clerk and okee compnay filed made an offer of dedication, and made
an offer dedicated for public purpose limited to the travel of people, horses, (read dedication of the original
play) written almost 100 years ago, were very careful what they wrote, what this did was made an offer of an
easement for the use of th eland not for transferring title, takes 2 to have agreement, city grew slowing July
1926, city hall and fire station recognized, no land, docu bk 22 pg 516 city approached land company to build,
city willing to accept land for use of easement upon after discribed park a city hall now sits this is the only time
city accepted any offer of easement and it was for this block. Passage fo time, fl experienced land boom, late
20 early 30 okee company went under, heavily mortgaged, lost the land only thing left was title to land, couldn't
even go bankrupt, bk 2 pg 442 hismith investigated, investment holding company, major assest was th eland
owned by the okee land company, sale pursuant to fl laws, my father bought the rights to the land held by okee
land company, fee title
tape 1 side B 6:33 p.m.
Own judgement since 1944, sherif deed, okee chamber of commerce requested permission to build a boat
dock, my father refused permission,1953 city council passed resolution to give chamber to build to boat dock,
didn't have title to do this, straining order against action, city attorney durrance claimed city owned all that by
public use, matter when to litigation j 251954, all proceedings recorded, city council took action with full advice
of city attorney, he assured them they held the property, city lost, ruling judge were in error and recommened
supreme court, ruled affirmed to my parents. City attorney wanted to go back again, informed they didn't want
to hear of this again, no legal title has been conveyed to the city of okee nor has the city official accepted the
the dedication of the plat, defindents clairm public use, clear and satisfactory, burden is on the city, under
factual situation, defendants are not applicable but the plantiffs claim was, sec 95 fl stat, it is therefore ordered
the equity of this case are weiht, third point goes into the ownership of the swimming pool. Swimming pool
company took title to the swimming pool, liability insurance, got deed, title revertered back, judge removed that
part of the ruling since the deed, court holds therefore no right of title, possession, legal description of
okeechobee, 5" point of resolution granting chamber building dock no legal enforce, chamber could not build
dock, defendents city perpetually excluded from building dock, "ex -joined" legal ease, Legal opinion of the
attorney, doesn't hold fee simple title, contridicts the renderings of the supreme court, city has't officially
acceped, property is owned by the plantiffs, attorney advised you that the city holds title in trust, that is against
what the supreme court says, he is giving you the same advice durrance gave the council, get a second legal
opinion, judge hendry, perhaps my father should have obtained some sort of agreement in writing with the city
after the courts ruled in his favor, 1914 - 1953 no problem with the parks. Chamber got permission to hold
festival did all the problems began, fee was suppose to adaquate for clean up and police protection no the
major source of income for the chamber, commonsense can tell you there is a resolution to the problem, if it
continues some commerce will come and lease as a gambling facility, downtown imakalee, took whole city
block jsut for parking for gambling, few happy down there, reasonable people will be able to come up with a
solution, agreement, trustees are in favor of such document, don't want to spend the rest of my time left
arguing over who owns these parks, legislators are working on changing just public domain. Highway dept
wanted to widen intersection, trustees settled on price. Estimate parks worth 14-18 million dollars. Constituants
run you out of office if you purchased the parks they enjoy for free.
Cook let me respond and they may stir up more questions. I assure Mr. Hamrick when I write legal memo's
not just pulled out of the air, state laws, etc, hamrick trust not only group to take this stand, original dedication
1914 for public use, trust likes to say free and public use, nothing in dedication free and, col created trust,
memo said when hamrick family purchased all rights and obligations as set out indedication, started file on this
isn 1988 whenever there is a dispute they waive the lawsuit of 1954, those are not the issues that we are
stating now. We are not discussing ownership. The trust feels that as owners they have a right to dictate the
type of use in th eparks, fl law does not allow land owners to micro management public use of property
dedication. The city is a care taker to ensure the original dedication fo the land is carried out and thats what
we are attempting to do, concept of working withthe trust, we all know the col was good to the city, only been
here 25 years, if not for col city would not exist as it does, could work out some parimeters, sending a copy
0 10
Page -9-
of every permit submitted for the use of the parks is not necessary.
David, made an offer and court says its not accepted, court accepted.
Dowling is this the original dedication 1914 plat recorded? Yes it is. That plat is recorded in the court house.
If someone owns a piece of property don't they pay taxes on it, no matter what the use is? Unless it is exempt
on the tax roll. Property was never placed on the tax roll because it was suppose to be used by the public.
Right and I think was all agree if it stops being for public use, it reverts back. Dedication clause reserves the
right for title of this, reserve for company the fee simple title, offered a dedication and failed to accept it, except
city hall and fire dept, then county library, hunt buy title to lot and finish building the library, quit claim deed to
you, this is th eonly block and 2 other pieces of property from us so you must have recognized the title,
awarded an easement first and then later purchased. Then the reason th eparks are like they are now use
them as parks is just because the hamrick trust hasn't said its been done wrong and haven't taken it back?
We have always wanted you to use it for public purpose when you start rentin git for private purpose is what
we have a problem with. By your statement then as long as we want to let the chamber use it as long as they
don't charge for it? More than what it takes to hold the fesitval or subsidize their general fund. Agree with
counsel the word free is not in there, anybody can go in there but not sell things in there, wouldn't let the
benches with commercial advertising on it. Don't want it turned into a flee market you might as well go through
emient domain. Having trouble what the difference is then, when they OMS have their green market, have
expenses, financial reports to back that up. Seen chambers? No sir. Don't see that a problem then, Matter of
degree then, like pregnant, jsut a little and little more. Know what we can't do, no commercial enterprise going
in there. When you let someone come in a sell conach fritters that is commercial enterprise.
Tape 2 side A 7:03 p.m.
Kirk, how long has the chamber been in the parks? 1960's? Know they've been in there since I came in 1970,
asked why now, main thing, feel like fee's being charged are to high, believe basically final conclusion from
trust members what whoever puts on festival would be to break even only. My concern is the chamber's been
using it for main fund raiser since I've been here, don't thing anyone will do that kind of work to bring 15,000
to 20,000 people to the town, bothers me to think we're looking at trying to stop any type of fund raising, even
churches couldn't go in there if we only want them to break even, may be off base but never though we owned
the park but maybe I misunderstood, we have only a use of the parks, just tried to improve it and seems like
over 50 years of running them is acceptance after this long of a time. Hate to thing we'd shut down the
speckled perch festival, community depends on that fesitval. We're looking as costs and worried we're going
to stop things that have been going on.
Brian, tried to find out what hamrick thinks is abusive, selling Christmas trees was not abusive what sparks the
problem is the rental fee, they could change the title of the fee to fee to participate instead of rental, then there
is the produce issue, locally grown but not out of town grown? Where is the problem.
David, belonged to several chamber of commerces, organization of business people who do things to attrack
people to okeechobee, not suppose to have bake sales, using the money of off set their budget major source
of revenue for all the work they do. Are suppose to receive money on the dues. Chamber is for business, by
business financied by business.
Kirk, if you asked the business community to come in here and run the speckled perch fesitval they are not
going to do it.
Watford, or if you ask any organization to carry it on, they need to do it to hold a fundraiser, doesn `t matter
if it si the chamber or main street, they need to do it, our church has had bake sales in there, times have
changed, we participate in the speckled perch fesitival and have good fund raiser because of it and its great
thing for the community, I wouldn't want to be the one to stop it, labor day, Christmas, different things that bring
the community together and out of towners into the downtown, important what they generate. Wasn't in your
meeting you had, sugggested some type of agreement we could come up with, may be to far apart, may never
know until you negotiate.
Kirk fee's are only.
Watford, assume have problem with main street. Lets assume for case of dicussion, cover only expensess to
do that, would that be acceptable? David, ok, why allow someone who isn't licensed and doesn't pay taxes
to compete with ones who do. But I'm trying to see how far we are. Not that far, no problem with lions club
Page -10-
selling what they wanted, the churches can be in there and do what they need to. Just the tents sitting up in
there and selling stuff.
Terry Bourroughs, treasurer of okms, enlightened by history, green market, farmers market, people come
downtown and sell their produce and made $22.00 last quarter used that to purchase trash cans, banners for
downtown, look at the books we are a 501 c3, have 1 paid employee, city and county helps with our budget,
all these monies we have go back in this town, every event we do goes back in this town to help it, bbq money
trying to use new signage that say welcome to okeechobee, take time and effort, just elaborate on main street,
don't know what main street does.
Maureen Burroughs, president main street, farmers markets, so fortunate to have the parks, not utilized by the
community and that's why we wanted it, improvements to the parks, inviting nice place to be with friends, public
use is what we do, public comes down, buy their vegatables, out of town, purchased flower shop, couldn't go
out to promote my business, the public doesn't care who it is and where the money goes, we hope to do an
art festival another cultural event, not a money issue, not a lot to do in okeechobee as it is, we all go out of
town to do all the things that other cities do so why can't we bring them here for our community to benefit, want
licensed food handlers, accountable for food they sale, small fee for them, not going to come in and buy a cake
from the church, people have been supportive about how great it is to use the parks and see them used.
Markham, comment on some of the things, we want to use the parks to bring people into town, helps everyone,
how much money is being made to help? Why does it matter? Making money off of public property. Why can't
you and I do that, because its public property and they wont let us, chamber is suppose to promote business,
bring people in the area but not suppose to make your budget off it, asked the chamber twice what the budget
or financial records are and they wont give us a copy, if the reason I'm putting it on is to let outside
organizations come in here then we need to stop that. Don't want to see it stopped, just don't want the
chamber to make money off public property, that's even the reason why we don't give them any money. If the
chamber would may be come forward with a plan like main street, DW is the green market okay then? Thye
have given us a detail of list of everything they make and that is good, some things to still work out. It's the
chamber, he doesn't feel the whole yearly income off the parks, not against bringing people into town, just
making money off it.
Dowling then we get into what we want the organization to make money on, not something we need to get into
if they are non profit we should not.
Lowry, church, lions club, county organizations, far as I know when they have fund raisers goes back into the
community scholarships, etc, don't think anyone would stop any of those, money is being raised for the town
to go back into the town, help an individual in town or student, those type fund raisers the money is staying
here, others go to another town.
Dowlign chambers money stays heere.
Kirk, if we're going to require 1 organization of give financial statements then we're going to have to get them
from all of them, can't pick and choose, then if you require auditted shut it all down, need to be careful with
decision, wonderful place of live, very generious of hamrick family to allow the public to have. Concerned we're
going to reach a point that we are going to shut down festivals that help this community.
Dowling, delima, appreciate history, raises more questions for me, my initial thought is that the 1914 dedication
of the parks, the city has maintained and improved and basically controlled the parks at least 55-56, city has
basically controled th eparks maintained them, seems the 1914 dedication is what applies here, that gave the
city the right to use the parks as pub
Tape 2 Side B, 7:34 p.m.
1914 dedicationif that what controls then all this other is mute, cant come back in 2006 and say here's the new
rules, if in fact that is what controls the parks then it seems to me we have the, as long as its used for public
use, then we have the right to say chamber you can have the speckled perch festival, main street you can have
the green market, lions club you can sell christmas tree's if that 1914 gave the city the right to use the parks
then it seems to me all this other does not apply.
David, exactly what the court ruled on, durrance said same thing, court said never accepted it, then why are
you not paying taxes, because public is using it, as long as city is administrating use of the parks we don't need
Page -11-
to have the property on the tax roll.
Lonnie Kirsk, okeechobee school board, here for our youth, benefit from the things that happen in the parks
if that venue is taken away from us it would put things in jeopardy. My other matter here is for cultural arts,
applied for grant to have a art festival for okeechobee, we are looking at having professional artist come in
here, and local artist, most people will not be able to afford the art but the children would be exposed to the
art and what is available out to them for future careers, okeechobee is the only county that does not teach
cultural art in the elementary schools, the state feels we are very worthy of a grant to teach our kids about art,
need chance to teach our kids about art, need to be able to have these events in our community, hope this
isn't something that is pushed out of the way because there are professional artist involved.
Cook, guess cut to chase here, council not required to take any action tonight, my opinion council istrustee for
th epublic and you issue permits for the park in good conscience you feel are in interest of the community and
can continue to do so. Direct staff to draw up set of rules, guidelines, whatever you want to do, do studies.
Kirk goes back to the costs, need to bring to a close, sit here all night and talk, at this point and time if you want
to make some type of motion then make them.
Dowling, hard to discuss when could be future legal matter, executive session would probably lead to better
discussion, don't know if this would be one of those cases,
Kirk direct staff to see if ther eis som a type of agreement.
Brian, staff can approach, boils down to differenceof opinion of fees, not sur el can solve.
Anna Jane, one of the issues what the chamber charges. Any organization. That's one issue but the othe ris
what the vendor is for example the hotdog guys. Then you go there to talk, visit, sell pickles and jellies,
hopeyou make some money while your there and thats the other issue
amoutn charged - for profit vendors.
Ana Jane, personally spoke with Col. He allowed Robert Butler to set up his paintings in the parks, and he said
don't' you always see your paintings in the park and I said yes, and we hoped to sell and make some money
and that was not an issue at that time. What I got from talking with him personally was not an established
business in the park and I can understand that. Didn't get the feel he opposed vendors selling things there.
Kirk think we've gone as far as we can go
Dowling problem I have is if we do nothing will there be another law suit, th eone thing none of us want to
happen is to loose the use of those parks, hope desire of hamrick trust to, wish has always been to remain as
parks, hope that the hamrick share that same sintament, that they remain as parks, just how confident we are
on what action we take or lack of action we take. Really tough decision.
Kirk not an attorney so I don't know, so unless I hear a motion we're going to move on.
Markham need to do something instead of turning our back on it and think it will go away. Dedication was
never accepted, that is going to have to be cleared up. Somebody is going to have to do something our
attorney reads it one way, then we have a court record that says one thing. Can we get other opinions? Yes
another attorney or someone and let them read.
Lonnie Kirsh - property was offered but not accepted what did the city have to do to accept?
Cook, good questions what has the city been doing for the last 50 plus years. In my opinion we have accepted
it by public use. David, but the judge has already said that doesn't apply. Need to get together to do a
memorandum of understanding and list who owns it. Put working group with your staff and make management
decisions, can be done reasonable. By the same token it is private property and I don't care what you think
the courts have stated it, don't see where we're all tha tfar apart.
Cook, trust is of the opinion that you can dedicate property for public use and take it back anything.
•
•
Page -12-
Dowling how have we used it all these years? How can we use it as a park. Kirk, we don't claim ownership.
David - you said the city has title. Cook, title not fee simple title.
Watford that's why I said we're taking a risk, if we go ahead and leave matters alone and you take legal
matters, and we lose then we may lose the parks, hope you say, so lets agree now so we don't have to go
down that road. No reason for us to go that way.
Kirk I just don't understand why, john hamrick, haven't had the things in the park till now, Kirk chamber has
been there the whole time. They have refuses to tell you if they make profits. Think we have had and spoke
enough here.
Chandler issue not non profit but how much profit we can't fix that problem we cannot tell an entity how much
money they can make.
Anna Jane why wont the chamber give you a report, that sounds sneaky
Chandler can't settle tonight back bring it back.
Williams, lonnie said, artist coming in, set entry fees as a council, these people go all over the world doing this.
Kirk, we must not have been doing a good job managing it, they are not unreasonable people by any means,
didn't reach concensus.
Markham think you can probably sit down with a group, and discuss these thing more openly and come up with
guidelines and don't think anybody is wanting to take the parks away but need a set a of guidelines, going to
have to come up with 2-3 people, david and his son, mike, both parties come up with lists and send them back
and forth until we can come up with something. Motion/Chandler Second, david, gill, mike, john, kirk and brian.
Take 3 Side A, 8:08 p.m. Brian identified differences of opinion, reached an impass, but certainly worth a try.
Vote all yea. Motion carried.
Discussion pertaining to the re-evaluation of the Green Market policy - City Administrator.
Main Street doesn't need action until October. No action taken.
VIII. MAYOR KIRK ADJOURNED THE MEETING AT 8:30 P.M.
CITY OF OKEECHOBEE
MAY 29 2006 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 5
I. CALL TO ORDER - Mayor: May 2, 2006, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, First Baptist Church of Basinger;
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 April 18, 2006 Regular Meeting.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
MAY
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A.1.a) Motion to remove from the table proposed Ordinance No. 934 - City Planning Consultant (Exhibit 1).
b) Vote on motion.
2006 - CrrY COUNCIL AGENDA - PAGE 2 OF 5
2.a) Motion to read by title only proposed Ordinance No. 934 regarding Future Land Use Map Application No. 06-004-SSA, submitted by Malissa Morgan on
behalf of property owner, A Child's World, and Preschool, Inc. - City Planning Consultant.
b) Vote on motion to read by title only. dk��kj 01�
• c City Attorney to read proposed Ordinance No. 934 b title onl .
} tY Y P p yy
3.a) Motion to adopt proposed Ordinance No. 934.
b) Public comments and discussion
c) Vote on motion.
CLOSE PUBLIC HEARING.
VII. NEW BUSINESS.
• A.1.a) Motion to read by title only and set May 16, 2006 as a final public hearing date for roposed Ordinance No. 946 regarding Rezoning Petition No. 06-003-R,
submitted by Malissa Morgan on behalf of property owner, A Child's World and Preschool, Inc. to rezone Lots 4 - 6 of Block 251, First Addition to
Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF) - City Planning Consultant (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 946 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 946.
VII. NEW BUSINESS CONTINUED.
2.b) Discussion.
c) Vote on motion.
MAY 2, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 5
B.1.0 Motion to read by title only and set May 16, 2006 as a final public hearing date for proposed Ordinance No. 947 regarding the General Employees' and
the Okeechobee Utility Authority Employees' Retirement System - City Attorney (Exhibit 3).
• b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 947 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 947.
b) Discussion.
c) Vote on motion.
CA.a) Motion to read bytitle only and set May 16, 2006 as a final public hearing date for proposed Ordinance No. 948 regarding the Police Officers' Pension Trust
Fund - City Attorney (Exhibit 4).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 948 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 948.
b) Discussion.
c) Vote on motion.
UAV
Al. NEW BUSINESS CONTINUED.
2006 - CITY COUNCIL AGENDA - PAGE 4 OF 5
DA.a) Motion to read by title only and set May 16, 2006 as a final public hearing date for proposed Ordinance No. 949 regarding the Firefighters' Pension Trust
Fund - City Attorney (Exhibit 5).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 949 by title only.
S2.a) Motion to approve the first reading of proposed Ordinance No. 949.
b) Discussion. e?�
c) Vote on motion. a `as C
rj
/QfO,
EA.a) Motion to read by title only and set June 6, 2006 as a final public hearing date for Alley Closing Application No. 80, submitted by Brad Goodbread - City
Attorney (Exhibit 6).
b) Vote on motion to read by title only and set final public hearing date.
W
c) City Attorney to read proposed Ordinance No..Bd<J by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. W..
b) Discussion.
c) Vote on motion.
F. Motion to change Mike O'Connor's term for the Citizen Boards from April 30, 2009 to April 30, 2008 - City Clerk,
G. Discuss and set schedule for summer meetings - City Administrator (Exhibit 7).
•
L�
MAY 2, 2006 - CITY COUNCIL AGENDA - PAGE 5 OF 5
VII. NEW BUSINESS CONTINUED.
H. Discussion pertaining to the Hamrick Trust - City Administrator.
Discussion pertaining to the re-evaluation of the Green Market policy - City Administrator.
All. 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 Cleric.
0 The Okeechobee News 0
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
in the matter of
13 Li
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore 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 putilication in the said newspaper.
Sworn,fo a'ttd subscrila d,before me this J
day of A.D. 20
Notary Public, State of Floridi attarge
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
.EASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida
on Tuesday, May 2, 2006 at 6:0 p.m, or as soon thereafter possible, at City 1
55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and them
consider final reading of the followinb Ordinance into law: NO. 934: AN Of
REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND
PARTICULARLY DESCRIBED HEREIN FROM SINBLF FAUN r3Fa ra r
The ordinance is regarding Small Scale Comprehensive Plan Future Land Use Apt
cation No. 06-004-SSA submitted by Malissa Morgan on behalf of property ov
ers A Child's World Childcare and Preschool, Inc. The request is to change I
Future Land Use desiggnation from Single Family (SF) to Mufti -Family (RAF)
property located at 702 and 704 Souttrwest 7th Avenue. Legal description: Lot
to 6 of Bloc
k 251, F rst Add t on to Okeechobee, PEn
1, Page 11, Put
ords,keechobee Cou illy, Honda and is approxim86 acre(s1.
Allbersfthepubkc are encouraged to aDend anpate in said heark
The proposed Ordinanceay beinspected in its entiembers of the pt
licn the OfficeoftheCityClerk duringregularss hours, Mon-F
Sam-4:30pm,exceptforho'days.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal a
decision made by the City Council with respect to any matter considered at 9
hearing, such interested person will need a record of the proceedings, and I
such purpose may need to ensure a verbatim record of the proceedings is mar
which record includes the testimony and evidence upon which the appeal is to
based. City Clerk tapes are for the sole purpose of backup for official records
the Clerk.
In accordance with the Americans with Disability Act (ADA) and Florida Statut
286.26, persons with disabilities needing special accommodation to participate
this proceeding should contact Lane Gamiotea no later than two (2) working da
prior to the proceeding at 863-763-3372 x215, 4 hearing or voice impaired, c
TDO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
Lane Gamiotea, CIVIC. CITY CLERK
129358 ON 1'21; 06 -
EXii1BIT 1
• MAY 2, 2006
ORDINANCE NO. 934
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE
NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON
A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN FROM SINGLE FAMILY (SF) TO MULTI -FAMILY (MF);
PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE
LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application(s) (No. 06-004-SSA),
submitted by Malissa Morgan, on behalf of property owners, A Child's World
Childcare and Preschool, Inc., for a small-scale amendment to the Future Land Use
Element of the City's Comprehensive Plan, and said application(s) being reviewed
by the City's Land Planning Agency at a duly advertised meeting, and submitted by
staff report, which determined such applicant(s) to be consistent with the
Comprehensive Plan and appropriate to the future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Land Planning Agency
that the proposed application(s) complies with the requirements of Florida Statutes
163, Part II, and that the proposed applications are consistent with the
Comprehensive Plan and appropriate to the future land uses within the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City, that:
SECTION 1. SHORT TITLE.
This Ordinance shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment," pursuant to F.S.
163.3187, and shall be effective within the City limits of the City of Okeechobee,
Florida.
SECTION 2. AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
1. The following described land consisting of approximately 0.688 acre(s) is
hereby redesignated for purposes of the Future Land Use Map of the City of
Okeechobee Comprehensive Plan:
a. Application No. 06-004-SSA, from Single Family to Multi -Family
The Legal Description of Subject Property is as follows:
LOTS 4 THROUGH 6 OF BLOCK 251, FIRST ADDITION TO
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC
Page 1 of 2
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida and it is
hereby provided, that the provision of the Ordinance, and the revisions to the Future
Land Use Map more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended December 6, 1994," which is
incorporated herein by reference, shall become and be made a part of the City of
Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as
amended).
SECTION 5. 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 6. EFFECTIVE DATE.
The effective date for the enactment of Ordinance No. 934 shall be thirty-one (31)
days after the adoption of this ordinance.
INTRODUCED for first reading and public hearing on the 2 nd day of May, 2006.
ATTEST:
Lane Gamiotea, CMC, City Clerk
ADOPTED after first reading on the 2Id day of May, 2006.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
James E. Kirk, Mayor
Page 2 of 2
CITY OF OKEECHOBEE
LAND PLANNING AGENCY APRIL 25, 2006
SUMMARY OF AGENCY ACTION
I. CALL TO ORDER - Chairperson.
Land Planning Agency, April 25, 2006, 6:45 p.m.
0 II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary.
is
Chairperson William Ledferd
Vice -Chairperson Dawn Hoover
Agency Member Terry Burroughs
Agency Member Kenneth Keller
Agency Member Devin Maxwell
Agency Member Douglas McCoy
Agency Member John Whidden
Alternate Member Carol Johns
Alternate Member Epifanio Juarez
Attorney John R. Cook
General Services Secretary Betty Clement
Deputy Clerk Melisa Eddings
III. MINUTES - Deputy Clerk.
1 of 5
Chairperson Ledferd called the April 25, 2006 Land Planning Agency meeting at 7:30 p.m.
Deputy Clerk Eddings called the roll:
Present
Present
Present
Present
Present
Present
Absent ( with consent)
Present - serving as voting member
Present
Absent (with consent)
Present
Present (Deputy Clerk Eddings was present in the absence of Secretary Katrina Cook)
Chairperson Ledferd assigned Alternate Member Johns to act as a voting member in the absence of
Agency Member John Whidden.
A. Motion to dispense with the reading and approve the Summary of Agency Agency Member McCoy moved to dispense with the reading and approve the Summary of Agency
Action for the February 28, 2006 and the March 28, 2006 regular meetings. Action for the February 28, 2006 and the March 28, 2006 regular meetings; seconded by Agency
Member Hoover.
III. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of Agency VOTE
Action for the February 28, 2006 and the March 28, 2006 regular meetings I HOOVER - YEA
continued.
IV. NEW BUSINESS.
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
BURROUGHS-YEA
JOHNS - YEA
MOTION CARRIED.
2006 - Land
2 of 5
A. 1) Motion to remove from the table Comprehensive Plan Small Scale Future Agency Member McCoy moved to remove from the table Comprehensive Plan Small Scale Future Land
Land Use Map Amendment Application No. 06-004-SSA submitted by Use Map Amendment Application No. 06-004-SSA submitted by Malissa Morgan on behalf of property
Malissa Morgan on behalf of property owner A Child's World Childcare owner A Child's World Childcare and Preschool to change the Future Land Use designation from SF
and Preschool to change the Future Land Use designation from SF to MF to MF for property located at 702 and 704 Southwest 7' Avenue; seconded by Agency Member Hoover.
for property located at 702 and 704 Southwest Tb Avenue. 11
2) Vote on motion to remove from the table. VOTE
HOOVER - YEA
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
BURROUGHS-YEA
JOHNS - YEA
11 MOTION CARRIED.
3) Comprehensive Plan Future Land Use Map Amendment Application No. Mr. LaRue briefly reviewed the Staff Report as follows:
06-004-SSA. Consider a recommendation to the City Council to change the
land use designation for Lots 4 through 6 of Block 251, First Addition to Planning Staff Report Summary: The applicant is requesting a Future Land Use Map change from
Okeechobee, from Single Family (SF) to Multi -Family (MF). The subject Single Family to Multi -Family to expand an existing day care facility located on Lots 1, 2 and 3. The
property is located at 702 and 704 Southwest 7`' Avenue. The application existing use is immediately north of the subject property and, according to the applicant has 165 students
was submitted by Malissa Morgan on behalf of property owners A Child's and 5-full time employees. The applicant stated that the new facility will care for approximately 60 pre -
World Childcare and Preschool, Inc. school aged children and operate the same hours as the existing facility. This equates to two separate
but adjacent facilities with over 220 students at this location.
IV. NEW BUSINESS CONTINUED.
A. 3) Comprehensive Plan Future Land Use Map Amendment Application No.
06-004-SSA continued.
2006 - Land
3 of 5
Planning Staff Report Comprehensive Plan Analysis: (A) The applicant's request for a Small Scale
Map Amendment to allow a Multi -Family Future Land use category is consistent with the Multi -Family
Future Land Use category described in the Comprehensive Plan. (B) The OUA's water and sewer
service area includes the subject property and adequate public facilities are available. Impacts on the
local roadways will be minimal. As stated earlier, in speaking with the applicant there are 165 students
enrolled in the existing day care and 5 full time employees. The proposed facility will care for another
60 students and the necessary employees. Ingress and egress to the site may create some impacts on
roads adjacent to the site, but not cause them to operate below the adopted level of service standards.
(C) The requested map amendment is deemed compatible with adjacent uses in the area. Except for
Single -Family uses to the South, the church and school nearby are also similar in impacts and activity.
(D) The applicant has submitted adequate information which shows this property in terms of roadways
capacity and compatibility would be best served by changing its Future Land Use Classification to Multi -
Family.
Planning Staff Report Analysis and Conclusions: The request to change the Future Land Use
Classification from Single Family to Multi -Family is recommended for approval based on the above
information. In addition, the applicant's application for a rezoning change from RSF-1 to RMF is also
being recommended for approval.
Mrs. Pat Hickman, Early Learning Coalition, addressed the Agency and remarked that in Okeechobee
there is a shortage of childcare centers, and presently there are 250 children on waiting lists. This
childcare center had the highest assessment score in the County, and with the opening of the new center,
it will help the area obtain more quality facilities. Ms. Misty Vickers, parent of a child at the center,
stated this center has been an answered prayer for her so she may reenter the workforce. She can leave
her child and have a feeling of peace while she is at work.
There were no further comments from the public nor any discussion from the Agency.
Agency Member McCoy moved to recommend to the City Council to change the land use designation
for Lots 4 through 6 of Block 251, First Addition to Okeechobee, from Single Family (SF) to Multi -
Family (MF) for subject property located at 702 and 704 Southwest 7`h Avenue, submitted by Malissa
Morgan on behalf of property owners, A Child's World Childcare and Preschool, Inc.; seconded by
Agency Member Burroughs.
2006 - Land Planning Agency - Pa2e 4 of 5
IV. NEW BUSINESS CONTINUED.
A. 3) Comprehensive Plan Future Land Use Map Amendment Application No. VOTE
06-004-SSA continued. HoovER - YEA
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
BURROUGHS-YEA
JOHNS -YEA
. MOTION CARRIED.
B. Consider amending Section 90, Division 6, Commercial Professional and Mr. LaRue briefly reviewed Section 90-222. Permitted Uses. Subject to the limitations that no retail
Office (CPO) District regarding Section 90-222 permitted uses to broaden sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be
the truck weight limitation. permitted, and no trucks larger than three-quarters ton capacity shall be used, the following principal uses
and structures are permitted in the CPO district: (1) Professional office, business office, medical office.
(2) Funeral home.
There was a brief discussion regarding an amendment to this section due to larger trucks being available
as "everyday" transportation. The matter was brought to light at the March 28, 2006 meeting when an
applicant specifically could not request a CPO zoning due to his personal truck being "one -ton."
In the absence of Attorney Cook to offer any recommendations in the language, the Agency concluded
it would be best to defer addressing the amendment until he could attend the meeting.
• The Age-ncv instructed Mr. LaRue to consult with City AttorneyCook to amend the language pertaining
to the trucks of Section 90-222 and brm back to the A ency for consideration.
1375 Jackson Street, Suite 206
• FqjMyers, Florida 33901-2845
Ph 239-334-3366 Fax: 239-334-6384
Email: l arue-planning @ att.net
Revised Staff Report - Small
Scale Comprehensive Plan
Amendment
Preparedfor., The City of Okeechobee
Applicant/O"er.- A Child's World Childcare
and Preschool Inc.
Petition No. 06-004-SSA
Staff Report Applicant: A Child's Worlu—hildcare & Preschool, Inc.
Small -Scale Comprehensive Plan Amendment Petition No. 06-004-SSA
General Information -i
Applicant/Owner:
A Child's World Childcare &
Preschool, Inc.
Address:
703 SW 6th Street
Okeechobee, Fl 34974
Contact Person
Malissa Morgan, President
Phone Number:
863-763-5453
Fax Number:
863-763-5510
Future Land Use Map
Classification
14"Xisting
Single Family
Proposed
Multi -Family
Zoning District
RSF-1
RMF
Use of Property
Residential
Daycare
Acreage
0.688
0.688
Location: 702 and 704 SW 7th Ave.
Legal Description: Lots 4, 5, and 6, Block 251 First addition to Okeechobee,
According to the Plat thereof recorded in Plat Book 1, Page 11, Public Records
of Okeechobee County Florida.
Request:
The matter for consideration is for an amendment to the City of Okeechobee's Future
Land Use Map from Single Family to Multi -Family to allow a day care facility on the
subject property. Based on the size of the property (0.688 acres), this application
qualifies under Chapter 163, F.S., as a small-scale amendment to the Comprehensive
Plan.
Concurrent with this request, the applicant is also requesting a rezoning for the subject
property from RSF- I to RMF.
Adjacent Future Land Use Map classifications and Zoning Districts:
North: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
East: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
South: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
Commercial
RMF
Daycare
Public Facilities
PUB
Public school
Single Family
RSF-1
Single Family
Staff Report Ahensive
Applicant: A Cho World Childcare & Preschool, Inc.
Small -Scale ComprPlan Amendment Petition No. 06-004-SSA
West: Future Land Use Map Classification: Single Family
Zoning District: Holding
Existing Land Use: Church
The applicant is requesting a Future Land Use Map change from Single Family to
Multi -Family to expand an existing day care facility located on lots 1, 2, and 3. The
existing use is immediately north of the subject property and, according to the
applicant, has 165 students and 5-full time employees. The applicant stated that the
new facility will care for approximately 60 pre-school aged children and operate the
same hours as the existing facility. This equates to two separate but adjacent facilities
with over 220 students at this location.
Comprehensive Plan Analysis
A. Consistency with the Land Use Categories and Plan Policies.
The applicant's request for a Small Scale Map Amendment to allow a Multi -
Family Future Land Use category is consistent with the Multi -Family Future Land
Use category described in the Comprehensive Plan.
B. Concurrency of Adequate Public Facilities
The City's water and sewer service area includes the subject property and
adequate public facilities are available. Impacts on the local roadways will be
minimal. As stated earlier, in speaking with the applicant there are 165 students
enrolled in the existing day care and 5 full time employees. The proposed facility
will care for another 60 students and the necessary employees. Ingress and egress
to the site may create some impacts on roads adjacent to the site, but not cause
them to operate below the adopted level of service standards.
C. Compatibility with Adjacent and Nearby Land Uses
The requested map amendment is deemed compatible with adjacent uses in the
area. Except for Single -Family uses to the south, the church and school nearby are
also similar in impacts and activity.
D. Compliance with Specific Standards of the Plan.
The applicant has submitted adequate information which shows this property in
terms of roadway capacity and compatibility would be best served by changing its
Future Land Use Classification to Multi -Family.
%7
Staff Report Applicant: A Child's Worlu .;hlldcare & Preschool, Inc.
Small -Scale Comprehensive Plan Amendment Petition No. 06-004-SSA
Analysis and Conclusions
The request to change the Future Land Use Classification from Single Family to
Multi -Family is recommended for approval based on the above information. In
addition, the applicant's application for a rezoning change from RSF-1 to RMF is also
being recommended for approval.
Maps or Diagrams
Submitted by:
James G. LaRue, AICP
April 18, 2006
93
City of Okeechobe
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General Services >�rtment
55 S.E. 3rd Avenue, Room 101v;..
_
Okeechobee, Florida 34974-2903_k
Phone: (863) 763-3372, ext. 218
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Rubl>xaaopDates
1
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Fag: (863) 763-1686
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Comprehensive Plan Map Amendment Application
Please Check One:
Small Scale Amendment (Under 10 Acres) ! Large Scale Amendment (Over 10 Acres)
✓ Name of property owner(s): Chi I
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Owner mailing address: '-4
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Name of applicant(s) if other than owner (state relationship):
r; Applicant mailing address:905 JW `-
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Name of contact person state relationship):
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Contact person da e hone(s): - S'
Fax: P&3 9&3 S�
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Property address / directions to property: %,_,2 1912o,2L7�Z 9 V
7,f, 19ve
Parcel Identification Number. 3 _ "d - "--5,10 - e9,OV Gr
3ao3 7- 35
Size of the Property (in acres):
UOly
Current Zoning Designation: S
Current Future Land Use Designation: a�
Existing Use of the Property: K e5 ,:ien'
Proposed Future Land Use Designation:
Proposed Use of the Property:
Da_qea re
Description of Surrounding Properties: i%f Aayetire
Ives - shape h
Legal Description of the Property (Lengthy Description May be Attached):
5 and L� , 61ccK -asl �sf add,1,o,7 ?
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Uniform Land Use Application (rev. 12/03) Page 1 of 2
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Sic
JSurvey of Property (11" x 14", 20" Scale)
Letter Outlining Request
Notarized Letter of Owner's Authorization
✓� Application Fee (non-refundable)
A City Location Map.
I hereby certify that the information in this application is correct_ The information included in
this application is for use by the City of Okeechobee in processing my request. False or
misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to
30 days and may result in the summary denial of this application.
ffljh-5—:5jZ-o I Z5 104a
Printed Name ( Date
l7) r-1 2r r I Z-!s /(2 tP
Uniform Land Use Application (rev. 12m03) Page 2 of 2
January 25, 2006
To Whom it May Concern:
imp pia amend m M j+-
A Childs World Childcare and Preschool, Inc would like to request a in
for parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020- Fa'''''
02510-0060 legally described as lots 4, 5, and 6 of block 251, first addition to
Okeechobee.
Currently, A Child's World operates a private school on lots 1, 2, and 3 of block 251,
first addition to Okeechobee. Recently, A Child's World acquired parcel identification
numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020-02510-0060 legally
described as lots 4, 5, and 6 of block 251, first addition to Okeechobee and would like to
expand the current business to accommodate the needs of the community and the
extensive waiting list at the facility.
A Child's World is located north of the proposed property for special exception and
connects with the property proposed. To the East of the property is Central Elementary,
to the west is Sacred Heart Catholic Church, and to the south is a single family residential
home.
Thank you for your consideration of this matter.
Sincerely,
Pot,, V l-,D
Malissa Morgan, President Sharon Poirier, Vice President
A Child's World Childcare and Preschool, Inc.
703 SW 6' St
Okeechobee, FL 34974
863-763-5453
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SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION
AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS SURVEYED IN THE FIELD- I FURTHER CERTIFY THAT THIS SURVEY
COMPLIES WITH THE MDVIM�TECHNI SET FORTH IN
CHAPTER 61-G-17-6 BY T��3
D SURVEYORS
PURSUANT" TO SECTIONAND THAT THERE
-ARE NO ABOVE G ENCR R THAN SHOWN.
BY. DATES 0;57
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION #64a7
FRED W. REPASS P.S.M.
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LEGEND
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-FOUND CONCRETE MONUMENT
•
-FOUND 5/8' DIA. IRON ROD
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-EXISTING WIRE FENCE
-EXISTING CHAINLINK FENCE
-EXISTING WOOD FENCE
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-CENTER .LINE
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-FINISH FLOOR ELEVATION
PSM
-PROFESSIONAL SURVEYOR
AND MAPPER
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LEGAL DESCRIPTION:
LOT 4, 5, AND 6, BLOCK 251, FIRST ADDITION TO
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA
ADDRESS- 702 & 704 SW 7TH AVENUE
OKEECHOBEE, FLORIDA
SURVEY NOTES:
I. NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP.
3. LAND DESCRIPTION HEREON WAS PROVIDED BY
THE CLIENT.
4. BEARINGS SHOWN HEREON ARE BASED ON THE
CENTERLINE.
5. THIS SURVEY NOT TO BE USED FOR FENCE
INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR
ANY OTHER UTILITIES WITHOUT REVERIFICATION OF
PROPERTY CORNERS.
6. ELEVATIONS SHOWN HEREON ARE BASED UPON
N.G.V.D. 1929.
7. SURVEY NOT COVERED BY PROFESSIONAL
LIABILITY INSURANCE.
8. DIMENSIONS PREVAIL OVER SCALE.
CERTIFIED TO:
A CHILD'S WORLD CHILDCARE AND PRE-SCHOOL, INC.
OKEECHOBEE ABSTRACT AND TITLE
BIG LAKE NATIONAL BANK AND/OR ITS ASSIGNS
FIELD WORK COMPLETED 09/22/05 AS THEIR INTEREST MAY APPEAR
MCINTOSH AND ASSOCIATES
SURVEYING & MAPPING
325 SW SOUTH QUICK CIRCLE
PORT ST. LUCIE, FLORIDA 34953
(772)878-7568 (office & fax)
CERTIF. OF AUTHORIZATION NO. LB7332
SCALEt
1'=30'
BOUNDARY SURVEY
BIG LAKE NATIONAL BANK
TMW
BYl FILE NOS
1067
• The Okeechobee News •
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
PUBLC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
EASE TAKE NOTICE that the City Council of the City of Okeechobee, Floncia vnm
on Tuesday, May 16,2006 at 6:00 p.m. or as soon thereafter possible, at City
Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there-
after to consider final reading of Vre following Ordinance into law: NO �� m
ORDINANCE OF THE 6rt r or uncu.nwcc, 1-1... , .— F ffi•-•
CIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN
E., M' cKK� `7LL � c LAND MORE PARTIfCULARLY DESCRIBED HEREIN, FROM RESIDI
jy 1 FAMILYGLE MRMgO NG DISTR CT;GAMEND NG THE ZONING DISTRICT TO IMA
INGLY; Al
�ROVIDING FOR CONFLICTS, SEVERABILITY AND AN
in the matter of The Ordinance Is regarding Rezoning Application NO.06-003-R, submitted br/ Ma -I
pssa Morgon on behaff of the property owner, A Child's World Childcare and Pre-
e I school, Inc. The ap nation is to change the zoning designation from Residential
Single FamiN-0ne (NSF-1) to Residential Multiple Family (RMF) for properly lo-
Sated at mi and 104 SW 7th Avenue. Legal description being, Lots 4 to 6 of
Block all 7 first Addition to Okeechobee, and is approximately 0.688 acre(s).
' tvC j� �c ^ 'C L ! �' AN members of the public are encouraged to attend and participate in said hearing.
The proposed Ordinance may be inspected in its entirely by members of the pub-
Nc in the Office of the C'dy Clerk during regular business hours, Mon -Fri, Barn -
4:30pm, except for holidays.
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
Affiant further says that the said Okeechobee News is I
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 ublicatt/on in the said newspaper.
,Sworn town subscribed ore me this
day of i A.D. 20
Notary Public, State of Florida at Large
'LEASE 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
hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based. City Clerk tapes are fore the sole purpose of backup for official records of
the Clerk.
In accordance with the Americans with Disability Act (ADA) and Florida Statutes
286.26, persons with disabilities needing special accommodation to participate in
this proceeding should contact Lane Gamictea no later than two (2) working days
Prior
to Ne proceeding at 863-763-3372, X215: 4 hearing or voice impaired. call
TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
Lane Gamiotea, CIVIC, City Clerk
• . EXHIBIT 2
MAY 2, 2006
ORDINANCE NO. 946
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 RESIDENTIAL MULTIPLE FAMILY (RMF) 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 applicant Malissa Morgan, on behalf of the owners, A Child's World
Childcare and Preschool, Inc., of the property more particularly described hereafter,
has heretofore filed Petition No. 06-003-R, pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain tract
of land consisting of 6.88 acre(s) from Residential Single Family -One (RSF-1)
Zoning District to Residential Multiple Family (RMF) 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 4 THROUGH 6 OF BLOCK 251, FIRST ADDITION TO
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 11, 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 Residential Multiple Family (RMF)
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 2nd day of
May, 2006.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 161h day of
May, 2006.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James E. Kirk, Mayor
•
1375 Jackson Stree 'te 206
Fort Myers, I S rd 01-2845
Phone:239-334-33 Fax:239-334-6384
Email: larue-planning@att.net
Revised Staff Report
Rezoning Request
Preparedfor.- City of Okeechobee
Applicant/Owner.- A Child's World Childcare
& Preschoo4 Inc.
Petition No. 06-003-R
Staff Report Applicant: A Child's World Childcare and Pool, Inc.
Rezoning Request Petition No. 06-003-R
General Information
Applicant/Owner:
A Child's World Childcare &
Preschool, Inc.
Applicant Address:
703 SW 6th Street
Okeechobee, F134974
Contact Person
Malissa Morgan, President
Contact Number:
863-763-5453
Future Land Use Map
Classification
Existin-
t�
Single Family
Proposed
Multi -Family
Zoning District
RSF-1
RMF
Use of Property
1 story wood home
Daycare
Acreage
.688
.688
Location: 702 and 704 SW 7th Ave.
Legal Description: Lots 4, 5, and 6, Block 251 First addition to Okeechobee,
According to the Plat thereof recorded in Plat Book 1, Page 11, Public Records
of Okeechobee County Florida.
Request:
The applicant is requesting a rezoning from RSF-1 to RMF to expand an existing day
care facility.
Adjacent Future Land Use Map Classifications and Zoning Districts:
North:
Future Land Use Map Classification:
Commercial
Zoning District:
RMF
Existing Land Use:
Daycare
East:
Future Land Use Map Classification:
Public Facilities
Zoning District:
PUB
Existing Land Use:
Public School
South:
Future Land Use Map Classification:
Single Family
_
Zoning_District:_
RSF-1
Existing Land Use:
Single Family
Staff Report 0 Applicant: A Child's World ChilJ*and Preschool, Inc.
Rezoning Request Petition No. 06-003-R
West:
Future Land Use Map Classification:
Single Family
Zoning District:
Holding
Existing Land Use:
Church
The subject property has a single family structure on the site. The RSF-1 Zoning
District and Single Family Future Land Use Category are consistent with the existing
use. The applicant wants to convert the home into a daycare, thus requiring a RMF
Zoning District and a Future Land Use change to Multi -Family.
Analysis
1. The proposed use is not contrary to Comprehensive Plan requirements.
No, the proposed use is not contrary to the Comprehensive Plan requirements. If the
applicant's request for a Small Scale Future Land Use Map Amendment is granted,
the request would be consistent with the Multi -Family Future Land Use Category.
2. The proposed use being applied for is specifically authorized under the zoning district
in the Land Development Regulations.
A daycare center is authorized under the requested RMF Zoning District but only as a
special exception use. The applicant has requested a special exception concurrent
with this request.
3. The proposed use will not have an adverse effect on the public interest.
The proposed use would not have an adverse effect on the public interest.
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 proposed use is compatible with the existing daycare center to the north (also
owned by the applicant) and with the public school directly east of the site.
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.
Expanding the day care facility at this location will not adversely affect property
values in this neighborhood.
•
Staff Report Applicant: A Child's World Childcare and Pool, Inc.
Rezoning Request Petition No. 06-M-R
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
The use can be buffered with landscaping if required at the site plan review phase.
7. The proposed use will not create a density pattern that would overburden public
facilities such as schools, streets, and utility services.
The proposed use will not cause any increase density that would overburden schools
or utilities services. Traffic impacts will be minimal to this site if proper
ingress/egress is created from the surrounding roadways.
8. The proposed use will not create traffic congestion, flooding or drainage problems,
or otherwise affect public safety.
Traffic increases on SW 7`h Avenue and SW 6d' Street could affect public safety. A
traffic impact analysis has been submitted which shows that congestion will be
minimal. Also, a drainage plan would need to be submitted to show that the site will
have adequate drainage flow and retention prior to operation of the facility.
9. The proposed use has not been inordinately burdened by unnecessary restrictions.
At this time, the only restrictions being placed on the property are those which are set
forth in the Comprehensive Plan and the Land Development Code.
10. The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare_
The proposed change will not constitute a grant of special privilege to an individual
owner.
PriorSummary and Conclusions .
The proposed zoning appears to be consistent with the Comprehensive Plan, the
Future Land Use Map, and the Zoning Map. Attached to this report is a copy of the
Official Zoning Map indicating the location of the subject property.
Recommendation
Based on the above zoning criteria being met, Staff recommends for approval of the
request to allow rezoning from RSF-1 to RMF permitting the applicant to operate the
existing single family structure as a daycare facility.
Staff Report
Rezoning Request
. Applicant: A Child's World Childcoand Preschool, Inc.
Petition No. 06-003-R
Submitted by:
James G. LaRue, AICP
Planning Consultant
April 2006
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone- (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date: Petition No. 0(D -CO3
Fee Paid: — (� Jurisdiction: ,� eC�
IstHearing: 1�/&&Hearing: S/
Publication Dates:
N tices Mailed:
Uniform Land Use Application
RP7nnP ...gnPr-in1 Fsrentinrt • Variance
✓
Name of property owner(s):
/vD( /jl r anj Aeschnolt n (' -
A
Owner mailing address:7�2
A L 3t%Qd
P
P
Name of applicant(s) if other than owner (state relationship):
L
I
Applicant mailing address:
C
A
Name of contact person (state relationship):
Q `/SSIj dr Q1) /9-,fSt e17
N .
T
Contact person daytime hone(s): 9�
,/
- " �O 7 Fax:
✓
Property address / directions to property: el 4 14 ve
Indicate current use of property: /
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
Approximate number of acres: $ S is property in a platted subdivision? -ey
P
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
/
R
O
P _
Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date,
nature and applicant's name:
E.
R
Is a sale subject to this application being granted? Yo
TT
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
a '—JQ
Describe adjoining land uses / improvements to the North:Ai mea l
South: sr' rn� East: West: f h
Existing zoning: _ Future Land Use classification: --O�/n J
Actions Requested: (� Rezone (_)Special Exception Variance
Parcel Identification Number: 3 3 -35- U 0 - D�0 0 - DO y0
- Da o - a5' - A9 0
✓ Confirmation of Information_ Accuracy
I hereby certify that the information in this application is correct. The information included in this application is for use by
the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to
$500.00 and imprisonment of up to 30 days and may result in the summary denial of this application.
l /)2gf44•- / as o
Sign (t a Printed Name Date
haron 0,r16 i ZS��tD
Uniform Land Use Application (rev. 1/03) Page 1 of 2
Current zoning classification: Requested zoning classification
R `
What is your desired permitted use under the proposed classification:
1Z Z
O.
N :
If granted, will the new zone be contiguous with a like zone?
E
S
Is a Special Exception necessary for your intended use? Variance?
no
Describe the Special Exception sought:
S
P
�C;
I '
Provide specific LDR ordinance citation:
A.
L.
Are there other similar uses in the area? Is so, describe:
E
.IX
E
Why would granting your request be in the best interest of the area and residents?
P
T
I
O
N
If business, briefly descnbe nature including number of employees, hours, noise generation and activities to be
conducted outside of a building:
Describe Variance sought:
V:
A
R
Describe physical characteristic of property that makes variance necessary:
I
A
N
C
Did you cause or contribute to the characteristic? Is so, describe:
E;
What is the minimum variance necessary?
Uniform Land Use Application (rev. 1/03) Page 2 of 2
January 25, 2006
To Whom it May Concern:
A Child's World Childcare and Preschool, Inc would like to request a rezoning to RMF
for parcel identification numbers 3-21-37-35-0020-02510-0040 and 3-21 -37-35-0020-
025 10-0060 legally described as lots 4, 5, and 6 of block 251, first addition to
Okeechobee.
Currently, A Child's World operates a private school on lots 1, 2, and 3 of block 251,
first addition to Okeechobee. Recently, A Child's World acquired parcel identification
numbers 3-21-37-35-0020-02510-0040 and 3-21-37-35-0020-02510-0060 legally
described as lots 4, 5, and 6 of block 251, first addition to Okeechobee and would like to
expand the current business to accommodate the needs of the community and the
extensive waiting list at the facility.
A Child's World is located north of the proposed property for special exception and
connects with the property proposed. To the East of the property is Central Elementary,
to the west is Sacred Heart Catholic Church, and to the south is a single family residential
home.
Thank you for your consideration of this matter.
Sincerely,
Malissa Morgan, si ent Sharon Poirier, Vice President
A Child's World Childcare and Preschool, Inc.
703 SW 6' St
Okeechobee, FL 34974
863-763-5453
11r 01111§1103111
This Document Prepared By and fttarn to:
TMDlI WXRS
OKEECHOBEE ABSTRACT & TITLE INSDRANCE, INC.
207 Nit 2ND STREET
OEEECHOSEE, FLORMA 34972
1-963-763-3710
PummNumben 3-21-37-35-0020-02510-0010
Quitclaim Deed
PILE MUl7 200502382E
OR RK 00582 PG 04S3
SHARON ROBERTSONr CLERIL OF CIRCUIT COURT
OKEECHOBEE COUNTYt FL
RECORDED 11/i4MOS 0037=14 PM
RECORDING FEES 10.00
DEED DOC 0.70
RECORDED BY N Arnold
This Quitclaim Deed, Made this day of October , 2005 A.D. , Between
IALXSSA M. MORGAN, a married woman
Of the County of OKEECHOBEE , Sato of Florida , grantor, and
A CHILD'S WORLD CHILDCARE and PRESCHOOL, INC., a Florida Corporation
whose sabou it 703 SW 6TH STREET, OKESCHOBEB, FL 34974
of aw County of OKEECHOBEE
state of Florida , grantee.
Witaesseth dnt *e GRANTOit, for and t consideration ofthe mm of
------------------------TEN DOLLARS (010)--------- -------------- 0011ARS.
and other good and vahtable eonsideration s GRANTOR in bard paid by QBANiE]E, the reaaipt whereof is hasby ackwW edged, hat
gtanmd bussined and quirlavnedm &a aW GRANTEE and GRANTEES hein. raapsoa and a ago %mew. the following deaar'bnd Jana, situate,
lying and being is the couary of OKEECHOBEE Sato of Florida to wit
LOT 4 AND THE NORTH 1/2 OF LOT 5, BLOCK 251, FIRST ADDITION TO
OKEECHOBEE, ACCORDING TO THE PLAT OF FIRST ADDITION TO OKBECHOBEE,
FLORIDA, WHICH WAS RECORDED ON THE 14TH DAY OF APRIL, 1915, IN PLAT
BOOK 2, AT PAGE 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND
A COPY OF SAID PLAT BRING RECORDED IN PLAT BOOK 1, PAGE 21, AND PLAT
BOOK 3, PAGE 6, PUBLIC RECORDS OF OKEECHOBE$ COUNTY, FLORIDA.
The property herein conveyed DOES HOT constitute the BOMSTEAD
property of the Grantor.
Subject to current taxes, easements and restrictions of record.
To Have and to Hold to tame tose*w with at and dnpbr the apparieaneas dteramm belonging or is aayanse
app0a6Jng, and an the: estate, right, tide, inmmL lien, egtdty ad claim whmsoevet of Vanta , edthes in law aT agytty, for
Me uso, beneRt end paoIIt of the said Stance forever.
In Witness Whereof, the gtatmor hat heteonto set his hand mad seat the day and year fiat above wn ma
Igned, sealed and eyed to our presence:
(Seal)
r nted Name-r�y � , r^ � Malissa M. Morgan
Witnass P_O. Address: 7133 SW kh Street, Olteeehobee. Fiorida34972
Printed Name:
Witness
STATE OF Florida
COUNTY OF Okeschobse
The foregoing inst ream was ulaowledged badbre me this Oth day of November , 2005 by
14ALISSA M. MORGAN, a married woman
she is penondiy known tome or she bag pToduoed herDRIVFRS LI ere' oadon.
10"Wis P inted Name.
p 9blleof FA*k Notary Public
No DOSt �+ MY Comtnia-ion rapim:
5-35632 1/1 A RIPON t-ier°� AL£ £9L 998 13HIS9V 1390HO33NO WVI£:II 90OZ '9 'Uer
1110011111
11111
ThisDawnent Prapart d By and Return am
T7NM MARE
MMECHOB81i ABSTRACT t TITLE INSMANCS, INC,
207 NW 2ND STREET
OXEECROHEB, BLORIDA 34972
1-863-763-3710
PanrIMNwaben 3-21-37-35-0020-02510-0010
"Warranty Deed
FILE HUM 2O0502Za219
OR BIG 40582 PG 0454
SHARON ROBERTGONP CLERK OF CIRCUIT CO
OKEECHOBEE COUNTY► FL
RECORDED 11/14/200.5 04:37t14 PH
RECORDING FEES 10.00
DEED DOC 350.00
RECORDED SY N Arnold
This Indenture, Merle this 12 th day of October , 2003 A.D. , Between
RHONDA DODD, a single woman
of rite Cotmty of OKEECHOBEE , suu of Florida , grantor, and
A CHILD'S WORLD CHILDCARE and PRESCHOOL, INC., a Florida Corporation
whose. address is: 703 SW 6TH STREET, OKEECHOBEE, FL 34974
of dw County or OKEECHOBEE , suet of Florida , grantee,
Witneeeeth the the GRANTOR, foe and in corAdmdan ofo a sum of
------------------------ TEN DOLLARS ($10)----------------------- DOUARS,
and oaa good aW valuable eoosideead- to ORANIOR in hand paid by GRANTEE. du rt=" whereof is hereby wkwwledged. has
Snared, bargeinW and sold 10 66 Bald GRAMME ®d GRANTEE'S hears, aweenwip and am$= foteva, the following dumbed land, siWau,
lying and being to du Cowuy of OKEECHOBEE state of Florida m wit
LOT 6 AND THE SOUTH 1/2 Or LOT 5, BLOCK 251, FIRST ADDITION TO
OMMCHOBEE, ACCORDING TO THE PLAT OF FIRST ADDITION TO OKEECHOBEE
rLORIDA, WHICH WAS RECORDED ON THE 14TH DAY OF APRIL, 1915, IN PLAT
BOOK 2, AT PAGE 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND
A COPY OF SAID PLAT BRING RECORDED IN PLAT BOOK 1, PAGE 11, AND PLAT
BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOR7DA_
The property herein conveyed DOES NOT constitute the HOMESTEAD
property of the Grantor.
Subject to current taxes, easements and restrictions of record.
end the grmmr does hereby MY wsrwnt the title to aid Lod, and wt0 deft" %a same again LwSil Nahm of ap Penoas whomsoevm.
ID WhnM WhereD4 the BMWX has bWM'D sac bit he'd ood seal she day and year fit above Wda n.
Signed, ed and detivend 1n our presence:
Printed Name: ,� / RHOl1DA DODD C"k (1)
T
the s s P.O. Ad&=e: P.a Rau M Maaotte, FL u-/W
C r� w
P intod Name:
Witness
STATE OF Florida
COUNTY OF Okeechobee
The finegoin` hrmunim was ackutwledged bamre me this 9th day of November , 2005 by
RHONDA DODD, a single woman
she is personally k'owu In me or sbe hu produoW herDRIVSRS L IqTOM
RARE ed Name .
Wrann. EVk.e N 2M Notary Fublic
No. R* My Con'niaafon Expk-
9-35632 Z A RL I'ON L—G—LOU £9L £98 13VSISOY 3390H03310 NVI£:11 900Z 19 .Uef
" o 1 0 30, a s" it
l,wr--r(+ fc��
LLo :F Z;
K' �
/ oa030I DO" H
w l 7
FLOOD ZONE: "r
UNMAPPED
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS SURVEY MAP IS PER RECORD DESCRIPTION
AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF
AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY
COMPLIES WITH THE MINIMUM TECHNI DS SET FORTH IN
CHLNNO
61-G-17-6 BY THE A BOAR LAND SURVEYORS
PUT TO SECTION . 27 FLORI ATUTES, AND THAT THERE
ARABOVE G ENCRO ER THAN SHOWN.
Of
BY' DATE,
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA REGISTRATION #6427
FRED W. REPASS P.S.M.
ems\" 20o,o
t
Zoo.o'C-'-tri�'---
_O �
LEGEND
■
-FOUND CONCRETE MONUMENT
-FOUND 5/8' DIA. IRON ROD
-6-
-EXISTING WIRE FENCE
--
-EXISTING CHAINLINK FENCE
-"�-
-EXISTING WOOD FENCE
-CENTER LINE
FFE
-FINISH FLOOR ELEVATION
PSM
-PROFESSIONAL SURVEYOR
AND MAPPER
R/W
-RIGHT-OF-WAY
PC
-PONT OF CURVE
n
-DELTA ANGLE
L
-ARC LENGTH
X 0.00
-TYPICAL ELEVATTnN
L&
rile
-T
LA W U
Z � �
kA
v'
v
FIELD WORK COMPLETED, 09/22/05
McINTOSH AND ASSOCIATES
SURVEYING & MAPPING
325 SW SOUTH QUICK CIRCLE
PORT ST. LUCIE, FLORIDA 34953
(772)878-7568 (office & fax)
CERTIF. OF AUTHORIZATION NO. LB7332
O,V
N
Sw 4th St
m
'
n Sa
Sw sth St
°
m Se
Sw 6th St.
Gg - m
=r
3 441 c
Sw 7th St
5wftct
--- - --
3th si
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- --
5W 'Oth st
E
LEGAL DESCRIPTION:
LOT 4, 5, AND 6, BLOCK 251, FIRST ADDITION TO ,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA
ADDRESS: 702 & 704 SW 7TH AVENUE
OKEECHOBEE, FLORIDA
SURVEY NOTES:
1. NOT VALID UNLESS SEALED WITH AN EMBOSSED
SURVEYOR'S SEAL,
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED
FOR RIGHTS -OF -WAY, EASEMENTS, OR OWNERSHIP.
3. LAND DESCRIPTION HEREON WAS PROVIDED BY
THE CLIENT.
4. BEARINGS SHOWN HEREON ARE BASED ON THE
CENTERLINE.
5. THIS SURVEY NOT TO BE USED FOR FENCE
INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR
ANY OTHER UTILITIES WITHOUT REVERIFICATION OF
PROPERTY CORNERS.
6. ELEVATIONS SHOWN HEREON ARE BASED UPON
N.G. V.D. 1929.
7. SURVEY NOT COVERED BY PROFESSIONAL
LIABILITY INSURANCE.
8. DIMENSIONS PREVAIL OVER SCALE.
CERTIFIED TO:
A CHILD'S WORLD CHILDCARE AND PRE-SCHOOL, INC.
OKEECHOBEE ABSTRACT AND TITLE
BIG LAKE NATIONAL BANK AND/OR ITS ASSIGNS
AS THEIR INTEREST MAY APPEAR
BOUNDARY SURVEY
PREPARED ON THE ORDER OF.
BIG LAKE NATIONAL BANK
SCALE, DRAWN BYi FILE NO.i
1'=30' TMW
1067
•
CITY OF OKEECHOBEE
PLANNING BOARD, APRIL 25, 2006
SUMMARY OF BOARD ACTION
I. CALL TO ORDER - Chairperson.
Planning Board, April 25, 2006, 7:00 p.m.
II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson William Ledferd
Vice Chairperson Dawn Hoover
Board Member Terry Burroughs
Board Member Kenneth Keller
Board Member Devin Maxwell
Board Member Douglas McCoy
Board Member John Whidden
Alternate Member Carol Johns
Alternate Member Epifanio Juarez
Attorney John R. Cook
General Services Secretary Betty Clement
Deputy Clerk Melisa Eddings
III. MINUTES - Deputy Clerk.
A. Motion to dispense with the reading and approve the Summary of Board Actio
for the February 28, 2006 City Council/Planning Board workshop and regular
meeting and the March 28, 2006 regular meeting.
1 of 4
Chairperson Ledferd called the April 25, 2006 Planning Board meeting to order at 7:45 p.m.
Deputy Clerk Eddings called the roll:
Present
Present
Present
Present
Present
Present
Absent (with consent)
Present - serving as voting member
Present
Absent (with consent)
Present
Present (Deputy Clerk Eddings was present in the absence of Secretary Cook)
Chairperson Ledferd assigned Alternate Member Carol Johns to act as a voting member in the
absence of Board Member John Whidden.
Board Member Hoover moved to dispense with the reading and approve the Summary of Board
Action for the February 28, 2006 City Council/Planning Board workshop and regular meeting and
the March 28, 2006 regular meeting; seconded by Board Member McCoy.
2006-
Board - Page 2 of 4
III. MINUTES CONTINUED.
A. Motion to dispense with the reading and approve the Summary of Board Actio
for the February 28, 2006 City Council/Planning Board workshop and regular
meeting and the March 28, 2006 regular meeting continued.
IV. NEW BUSINESS.
A.1) Motion to remove from the table Rezoning Petition No. 06-003-R, submitted b3
Malissa Morgan on behalf of property owner A Child's World Childcare and
Preschool, Inc. to consider a recommendation to the City Council to rezone Lots
4 through 6 of Block 251, First Addition to Okeechobee, from Residential Single
Family -One (RSF-1) to Residential Multiple Family (RMF). The subject
property is located at 702 and 704 Southwest 7" Avenue.
2) Vote on motion to remove from the table.
VOTE
HOOVER - YEA
FELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
BURROUGHS-YEA
JOHNS -YEA
MOTION CARRIED.
Board Member McCoy motioned to remove from the table Rezoning Petition No. 06-003-R,
submitted by Malissa Morgan on behalf of property owner, A Child's World Childcare and
Preschool, Inc., to consider a recommendation to the City Council to rezone Lots 4 through 6 of
Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to
Residential Multiple Family (RMF); seconded by Board Member Hoover.
VOTE
HOOVER - YEA
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY-YEA
BURROUGHS-YEA
JOHNS -YEA
MOTION CARRIED.
3) Rezoning Petition No. 06-003-R: Consider a recommendation to the City Mr. LaRue briefly reviewed the Staff Report as follows:
Council to rezone Lots 4 through 6 of Block 251, First Addition to Okeechobee,
from Residential Single Family -One (RSF-1) to Residential Multiple Family Planning Staff Report Summary: The subject property has a single family structure on the site.
(RMF). The subject property is located at 702 and 704 Southwest 7"' Avenue. The RSF-1 Zoning district and Single Family Future Land Use Category are consistent with the
Malissa Morgan is the applicant on behalf of property owners A Child's World existing use. The applicant wants to convert the home into a daycare, thus requiring a RMF Zoning
Childcare and Preschool, Inc. District and a Future Land use change to Multi -Family.
2006 - Planning Board - Page 3 of 4
IV. NEW BUSINESS CONTINUED.
A. 3) Rezoning Petition No. 06-003-R continued.
U
Planning Staff Report Comprehensive Plan Analysis: (1) The proposed use is not contrary to
the Comprehensive Plan requirements. Should the applicant's request for a Small Scale Future
Land Use Map Amendment be granted, the request would be consistent with the Multi -Family
Future Land Use Category. (2) A daycare center is authorized under the requested RMF Zoning
District but only as a special exception use. The applicant has requested a special exception
concurrent with this request. (3) The proposed use would not have an adverse effect on the public
interest. (4) The proposed use is compatible with the existing daycare center to the north (also
owned by the applicant) and with the public school directly east of the site. (5) Expanding the
day care facility at this location will not adversely affect property values in this neighborhood. (6)
The use can be buffered with landscaping should it be required at the site plan review phase. (7)
The proposed use will not cause any increase density that would overburden schools or utilities
services. Traffic impacts will be minimal to this site should proper ingress/egress be created from
the surrounding roadways. (8) Traffic increases on Southwest 7' Avenue and Southwest 6`h Street
could affect public safety. A traffic impact analysis has been submitted which shows that
congestion will be minimal. Also, a drainage plan would need to be submitted to show that the site
will have adequate drainage flow and retention prior to operation of the facility. (9) At this time,
the only restrictions being placed on the property are those which are set forth in the
Comprehensive Plan and the Land Development code. (10) The proposed change will not
constitute a grant of special privilege to an individual owner.
Planning Staff Report Summary and Conclusions Prior to Certification: The proposed zoning
appears to be consistent with the Comprehensive Plan, the Future Land Use Map and the Zoning
Map.
Based on the above criteria being met, Staff recommends for approval of the request to allow
rezoning from RSF-1 to RMF permitting the applicant to operate the existing single family
structure as a daycare facility.
There were no comments from the public nor any discussion from the Board.
A
2006 - Planning Board - Pa2e 4 of 4
IV. NEW BUSINESS CONTINUED.
A. 3) Rezoning Petition No. 06-003-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.
William Ledferd, Chairperson
ATTEST:
Melisa Eddings, Deputy Clerk
Board Member Burroughs moved to recommend to City Council to rezone Lots 4 through 6 of
Block 251, First Addition to Okeechobee, from Residential Single Family -One (RSF-1) to
Residential Multiple Family (RMF). The subject property is located at 702 and 704 Southwest 7'
Avenue. Malissa Morgan is the applicant on behalf of property owners A Child's World Childcare
and Preschool, Inc.; seconded by Board Member Hoover.
VOTE
HOOVER - YEA
KELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
BURROUGHS - YEA
JOHNS -YEA
MOTION CARRIED.
There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:50
p.m.
•
•
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, 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
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will
on Tuesday, May 16,2006 at 6:00 p.m. or as soon thereafter possible, at City
Hail, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and then,
after to consider final readirg of the following Ordinance into law: NO. 947: AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY
OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY EMPLOYEES' RE-
TIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 928; AMEND-
ING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF -CREDITED
SERVICE"; AMENDING SECTION 10, OPTIONAL FORMS OF BENEFITS; AMEND-
ING SECTION 15, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24, DI-
RECT TRANSFERS OF ELIGIBLE FOR ROLLOVER DISTRIBUTIONS; AMENDING
SECTION 28, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFI-
CATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE"
Ali members of the public are encouraged to adend and participate in said hearing.
The proposed Ordinance may be in inspected in its entirety by members of the
public in the Office of the City Clerk during regular business hours, Non- Fri, 8am
-4:30pm,except for holidays.
PLEASE TAKE'NOTICE AND BE ADVISED that if any person desires to appeal any
decision made by the City Council with respect to any matter considered at this
hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based. City Clerk tapes are for the sole purpose of backup for official records of
the Clerk.
In accordance with the Americans with disability Act (AD) and Florida Statutes
286.26, persons with disabilities needing special accommodation to participate in
this proceeding should contact Lane Gamiotea, no later than two (2) working
days prior to the proceeding at 863-763-3372, X 215, if hearing or voice im-
paired, Call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY).
Lane Gamiotea, CMG, CITY CLERK
132551 ON 5/5/2006
Afftant further says that the said Okeechobee News is I —
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 afftant 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 public ion in the said newspaper.
.) y
• Sworn to an,d subscribed ore me this
day of I j� Cs--t A.D. 20 �1
Noiary Public, State of Florida at Large
• EXHIBIT 3
MAY 2, 2005
ORDINANCE NO.947
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE AND
OKEECHOBEE UTILITY AUTHORITY EMPLOYEES'
RETIREMENT SYSTEM, ADOPTED PURSUANT TO
ORDINANCE NO. 828; AMENDING SECTION 1,
DEFINITIONS, BY AMENDING THE DEFINITION OF
"CREDITED SERVICE"; AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
15, DISTRIBUTION OF BENEFITS; AMENDING SECTION 24,
DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED before the City Council for the City of
Okeechobee, Florida; presented at a duly advertised public meeting; and passed by
majority vote of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby
amended by amending Section 1, Definitions, by amending the definition of
"Credited Service", to read as follows:
Credited Service means the total number of years and fractional parts of years of
service as a General Employee with member contributions when required, omitting
intervening years or fractional parts of years when such Member was not employed
by the City as a General Employee. A Member may voluntarily leave his
Accumulated Contributions in the Fund for a period of five (5) years after leaving the
employ of the City pending the possibility of being reemployed as a General
Employee, without losing credit for the time that he was a Member of the System.
If a non -vested Member leaves the employ of the City and is not reemployed within
five (5) years, his Accumulated Contributions, if one -thousand dollars ($1.000.00)
or less, will be returned. If a Member who is not vested is not reemployed within five
sum amount on forms designated by the Board. If a vested Member leaves the
employ of the City, his Accumulated Contributions will be returned upon his written
request. Upon return of his Accumulated Contributions, all of his rights and benefits
under the System are forfeited and terminated.
The years or fractional parts of a year that a Member serves in the military service
of the Armed Forces of the United States, the United States Merchant Marine orthe
United States Coast Guard, voluntarily or involuntarily, after separation from
employment as a General Employee with the City to perform training or service, and
reemployment on or after December 12, 1994, shall be added to his years of
Credited Service for all purposes, including vesting, provided that:
A. The Member must return to his employment as a General Employee within
one (1) year from the earlier of the date of his military discharge or his
release from service.
B. The Member deposits into the Fund the same sum that the Member would
have contributed if he had remained a General Employee during his
absence. The Member must deposit all missed contributions within a period
equal to three (3) times the period of military service, but not more than five
(5) years from the date of reemployment or he will forfeit the right to receive
Credited Service for his military service pursuant to this Section.
C. The maximum credit for military service pursuant to this Section shall be five
(5) years.
D. The Member must have been discharged or released from service under
honorable conditions.
E. This Section is intended to satisfy the minimum requirements of the
Uniformed Services Employmentand Reemployment Rights Act (USERRA),
(P.L. 103-353). To the extent that this Section does not meet the minimum
standards of USERRA, as it may be amended from time to time, the
minimum standards shall apply.
SECTION 2: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby
amended by amending Section 10, Optional Forms of Benefits, as follows:
SECTION 10. OPTIONAL FORMS OF BENEFITS.
1. In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a Member, upon written request to
the Board may elect to receive a retirement income or benefit of equivalent actuarial
value payable in accordance with one of the following options:
A. A retirement income of a modified monthly amount, payable to the Member
during the lifetime of the Member and following the death of the Member,
100%, 75%, 66-2/3% or 50% of such monthly amount payable to a joint
pensioner for his lifetime. Except where the Retiree's joint pensioner is his
Spouse, The present value of payments to the Retiree she!l i tot be less than
the payments to the joint pensioner as a percentage of
SECTION 3: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby
amended by amending Section 15, Distribution of Benefits, as follows:
SECTION 15. MINIMUM DISTRIBUTION OF BENEFITS.
0
•
2.
commence.
C. Form of Distribution. Unless the Member's interest is distributed in
e torm ot an annuity purchased from an insurance company or in a
•
•
3.
4.
0
•
5.
0
• •
6.
SECTION 4: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby
amended by amending Section 24, Direct Transfers of Eligible Rollover
Distributions, to read as follows:
SECTION 24. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; ELIMINATION OF MANDATORY
DISTRIBUTIONS.
SECTION 5: That the City of Okeechobee and Okeechobee Utility Authority
Employees' Retirement System, adopted pursuant to Ordinance No. 828, is hereby
amended by amending Section 28, Deferred Retirement Option Plan, to read as
follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN
Distribution of DROP Accounts on Termination of Employment
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a General Employee. Except as
provided in subsection 4.&.E., no amounts shall be paid to a Member
from the DROP prior to his termination of employment as a General
Employee.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.G-F. A Member
may, however, elect, in such time and manner as the Board
shall prescribe, that his DROP distribution be used to purchase
a nonforfeitable fixed annuity payable in such form as the
Member may elect. Elections under this paragraph shall be in
writing and shall be made in such time or manner as the Board
shall determine. If the annuity form s leeted is not a q
and —thereafter to Beneficiary shall -be subjent '- the
death benefit ru'e as deseFibed in Section
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
{�) Except as otherwise provided in this subsection 4., distribution
of a Member's DROP Account shall be made as soon as
administratively practicable following the Member's termination
of employment. Distribution of the amount in a Member's
DROP account will not be made unless the Member completes
a written request for distribution and a written election, on
forms designated by the Board, to either receive a cash lump
sum or a rollover of the lump sum amount.
Board shall prescribe, eleet to have the distribution of
DROP Aecotint made as of the fimt day of any rn
coine4dent with or follewing his te, mination of employment as
a General Employee-, provided, howevet, paymemts shall b-e
extent necessary to eemply with the provisions of subsee
41). and 4..t=
April 1 following the 'ate. of the ealendar yea. in whieh he terminates
his erriployrnemt as a General Employee or he attaims age sevent
and one-half (70 W2). the event a Merribei is required to receive
payment whil i dei the pmvisians of this subsection D.,
beginning date equal his entire DROP Account balance and annual
iunip surn payments thereafter of smotints eredited to his DROP
Aecount during each ealendar year. Upon the Merriber's Sdbsequemf
termination of ernp oyment, payment of his DROP AccOdnt shall be
D.E-. Proof of Death and Right of Beneficiaryor Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E.F: Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
Distribution Of Benefits" provisions as provided for herein.regulations
death benefit provisions of Seetiom 401 (a)(9)(G) of the 6ode. Further,
stich regulations shall overfide any BROP provision that is
F.G-. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 24.
SECTION 6: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 7: If any section, subsection, sentence, clause, phrase of this ordinance,
orthe particular application thereof shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction, the remaining section,
subsection, sentences, clauses, or phrases under application shall not be affected
thereby.
SECTION 8: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this 2nd day of
May 2006.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
Passed on second and final reading this 16thday of May , 2006.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
vaw\ok\gen\t 2-02-05.ord
LAW OFFICES
CHRISTIANSEN & DEHNER, P.A.
63 SARASOTA CENTER BLvD.
SUITE 107
SCOTT R. CHRISTIANSEN SARASOTA, FLORIDA 34240
H.LEE DEHNER
April 5, 2006
Mr. Brian Whitehall, City Administrator
City of Okeechobee
55 S.E. 3' Avenue
Okeechobee, FL 34974-2032
PHONE: (941) 377-2200
FAx: (941)377-4848
Re: City of Okeechobee and Okeechobee Utility Authority Employees'
Retirement System
Dear Mr. Whitehall:
As you know, I represent the Board of Trustees of your City of Okeechobee and
Okeechobee Utility Authority Employees' Retirement System. As directed by the
Board of Trustees, I am enclosing a proposed ordinance which is recommended for
adoption by City Council. The ordinance includes a number of changes resulting
from recent amendments to the Internal Revenue Code which apply to tax qualified
pension plans such as ours:
1. Section 10, Optional Forms of Benefits, has been amended to reflect
revised IRS limitations on the calculation and payment of the Joint and
Survivor benefit option.
2. Section 15, Distribution of Benefits, has been amended to incorporate
changes to the minimum distribution requirements of Internal Revenue
Code Section 401 (a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any
mandatory cash distributions in excess of one -thousand dollars. These
changes are proposed to eliminate the effects of a new Internal Revenue
Code (401 (a)(31)(B)) provision that would require the Board of Trustees
to establish an IRA for any member or former member who is due an
involuntary distribution and who fails to elect, in writing, to receive
either a cash distribution or a rollover of the amount to be distributed.
Mr. Brian Whitehall,1k Administrator
April 5, 2006
Page 2
By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith &
Company, I am requesting that they provide you with a letter confirming that there is
no cost associated with the adoption of this ordinance.
If you or any member of your staff have any questions with regard to this
ordinance, please feel free to give me a call. In addition, if you feel it would be
appropriate for me to be present at the meeting at which this ordinance is considered
by the City Council, please contact my office to advise me of the date that the
ordinance would be considered.
Yours v truly,
Scott R. Christiansen
SRC/vaw
enclosure
cc: Gabriel, Roeder, Smith 8s Company, with enclosure
Marita Rice, without enclosure
• The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at PUBLIC NOTICE
Okeechobee, in Okeechobee County, Florida; that the attached CONSIDEMTNINOFADOPTING
copy of advertisement, being a i ACITYORDINANCE
PLEASE TAKE NOTICE W the City Council of the City of Okeechobee, Florida
on Tuesday, May 16,2006 at 6:00 pp m. or as soon thereafter possible, at I
i Hall 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and th
DO
after ro consider final reading of the fWbwir g Ord n- into law N0. 848:
r L�f ry� CNOBEE MUNIC AL POLICE OFFICER$ PENSION TRUST FUND ADOP
PURSUANT TO ORDINANCE N0.68B; AMENDING SECTION 1, DEFINRIONS
ANCy{ AMENDING THE DEFlNITION EWE SERVICE'. AMENDING SECT
Op I NAL FORMS OF BENEFRS; AMENDINfi SECTION 16, DISTRIBUI
OF BENEFRS; AMENDING SECTION 25 DIREC��R pN nocFax OEAET
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
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 p ublic4tion in the said newspaper.
Sworn o a d subscribed, fore me this .5�-r'—
day of Yet A.D. 20 (�
Notary Public, State of Florida at Large
HEREWITH AND PROVIDING AN EFFECTIVE DATE'
AN members of the public are encouraged to attend and participate in said hearing.
The proposed Ordinance may be in inspected in its entirety by members of the
public in the Office of the City Clerk during regular business hours, Mon- Fri, 8am
- 4:30pm, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal airy
decision made by the City Council with respect to any matter considered at ttus
hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings rahro made,
which record includes the testimony and evidence upon which the appe
based. City Clerk tapes are for the sole purpose of backup for official records 01
the Clerk.
In accordance with the Americans with disability Act (AD) and Florida Statute!
286.26, persons with disabilities needing special accommodation to participate ii
this proceeding should contact Lane Gamiotea, no later than two (2) woriunl
days prior to the proceeding at 863-763-3372, X 215, if hearing or voice im
paired, Call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY)
Lane Gamiotea, CMC, CITY CLERK
132574 ON 5/5(2006
• • EXHIBIT 4
MAY 2, 2006
ORDINANCE NO. 948
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
POLICE OFFICERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE 888; AMENDING SECTION 1,
DEFINITIONS, BY AMENDING THE DEFINITION OF
"CREDITED SERVICE"; AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
16, DISTRIBUTION OF BENEFITS; AMENDING SECTION
26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section
1, Definitions, by amending the definition of "Credited Service", to read as follows:
Credited Service means the total number of years and fractional parts of years of
service as a Police Officer with Member contributions when required, omitting intervening
years or fractional parts of years when such Member was not employed by the City as a
Police Officer. A Member may voluntarily leave his Accumulated Contributions in the Fund
for a period of five (5) years after leaving the employ of the Police Department pending the
possibility of being reemployed as a Police Officer, without losing credit for the time that
he was a Member of the System. If a vested Member leaves the employ of the Police
Department, his Accumulated Contributions will be returned only upon his written request.
If a Member who is not vested is not reemployed as a Police Officer with the Police
Department within five (5) years, his Accumulated Contributions, if one -thousand dollars
($1.000.00) or less, shall be returned. If a Member who is not vested is not reemployed
within five (5)years, his Accumulated Contributions, if more than one -thousand dollars
($1.000.00). will be returned only upon the written request of the Member and upon
completion of a written election to receive a cash lump sum or to rollover the lump sum
amount on forms designated by the Board. Upon return of a Member's Accumulated
Contributions, all of his rights and benefits under the System are forfeited and terminated.
Upon any reemployment, a Police Officer shall not receive credit for the years and
fractional parts of years of service for which he has withdrawn his Accumulated
Contributions from the Fund, unless the Police Officer repays into the Fund the
1
contributions he has withdrawn, with interest, as determined by the Board, within ninety
(90) days after his reemployment.
The years or fractional parts of years that a Member serves in the military service
of the Armed Forces of the United States, the United States Merchant Marine orthe United
States Coast Guard, voluntarily or involuntarily, after separation from employment as a
Police Officer with the City to perform training or service, shall be added to his years of
Credited Service, for all purposes, including vesting, provided that:
A. The Member must return to his employment as a Police Officer within
one (1) year from the earlier of the date of his military discharge or his
release from active service.
B. The Member is entitled to reemployment under the provisions of the
Uniformed Services Employment and Reemployment Rights Act
(USERRA), (P.L.103-353).
C. The maximum credit for military service pursuant to this paragraph
shall be five (5) years.
SECTION 2: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section
10, Optional Forms of Benefits, subsection I.A. to read as follows:
SECTION 10. OPTIONAL FORMS OF BENEFITS.
In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a Member, upon written request to the
Board may elect to receive a retirement income or benefit of equivalent actuarial value
payable in accordance with one of the following options:
A. A retirement income of a monthly amount, payable to the Retiree
during the lifetime of the Retiree and following the death of the
Retiree, one hundred percent (100%), seventy-five percent (75%),
sixty-six and two-thirds percent (66 2/3%) or fifty percent (50%) of
such monthly amount payable to a joint pensioner for his lifetime.
The present value of payments to the Retiree shall not be less than
fifty percent (50%) of the total present value of payments to the
Retiree and his joimt pensioner. Except where the Retiree's ioint
pensioner is his spouse the payments to the ioint pensioner as a
percentage of the payments to the Retiree shall not exceed the
2
applicable percentage provided for in the applicable table in the
Treasury regulations.
SECTION 3: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section
16, Distribution of Benefits, to read as follows:
SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS.
1. General Rules.
A. Effective Date. The provisions of this Section will apply for purposes
of determining required minimum distributions for calendar vears
beginning with the 2003 calendar year.
B. Precedence. The requirements of this Section will take precedence
over any inconsistent provisions of the Plan
C. Requirements of Treasury Regulations Incorporated All distributions
required under this Section will be determined and made in
accordance with the Treasury regulations under Section 401(a)(9) of
the Code.
D. TEFRA Section 242(b)(2) Elections Notwithstanding the other
provisions of this Section otherthan this subsection 1.D., distributions
may be made under a designation made before January 1 1984 in
accordance with Section 242(b)(2) of the Tax Equity and Fiscal
Responsibility Act (TEFRA) and the provisions of the plan that related
to Section 242(b)(2) of TEFRA
2. Time and Manner of Distribution
A. Required Beginning Date The Member's entire interact will he
distributed, or begin to be distributed to the Member no later than the
Member's required beginning date which shall not be later than April
1 of the calendar year following the later of the calendar year in which
the Member attains age seventy and one-half (70 %) or the calendar
year in which the Member retires unless otherwise provided for in the
Plan or required by law.
B. Death of Member Before Distributions Begin If the Member dies
before distributions begin the Member's entire interest will be
distributed, or begin to be distributed no later than as follows
If the Member's surviving spouse is the Member's sole
designated beneficiary, then distributions to the surviving
spouse will begin by December 31 of the calendar year
immediately following the calendar year in which the Member
died, or by December 31 of the calendar year in which the
Member would have attained age 70 %s if later.
L2) If the Member's surviving spouse is not the Member's sole
designated beneficiary, then distributions to the designated
beneficiary will begin by December 31 of the calendar year
immediately following the calendar year in which the Member
died.
Q) If there is no designated beneficiary as of September 30 of the
year following the year of the Member's death the Member's
entire interest will be distributed by December 31 of the
calendar year containing the fifth anniversary of the Member's
death.
If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving souse begin,
this subsection 2.B., other than subsection 2 B (1) will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2 B and subsection 5
distributions are considered to begin on the Member's required
beginning date or, if subsection 2 B (4) applies the date of
distributions are required to begin to the surviving spouse
under subsection 2.B. 1 . If annuily payments irrevocably
commence to the Member before the Member's re uired
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the surviving
spouse under subsection 2 B (1)) the date distributions are
considered to begin is the date distributions actually
commence.
C. Form of Distribution. Unless the Member's interest is distributed in
the form of an annuity purchased from an insurance company or in a
single sum on or before the required beginning date as of the first
distribution calendar year distributions will be made in accordance of
subsections 3 4 and 5 of this Section. If the Member's interest is
distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with
the requirements of Section 401(a)(9) of the Code and Treasury
regulations. Any part of the Member's interest which is in the form of
an individual account described in Section 414(k) of the Code will be
distributed in a manner satisfying the requirements of Section
401(a)(9) of the Code and Treasury regulations that apply to
individual accounts.
3. Determination of Amount to be Distributed Each Year.
A. General Annuity Requirements If the Member's interest is paid in the
form of annuity distributions under the Plan payments under the
annuity will satisfy the following requirements
j1) The annuity distributions will be paid in periodic payments
made at intervals not longer than one year.
The distribution period will be over a life (or lives) or over a
period certain not longer than the period described in
subsection 4 or 5.
Once payments have begun over a period certain the period
certain will not be changed even if the period certain is shorter
than the maximum permitted
14.) Payments will either be nonincreasing or increase only as
follows:
U By an annual percentage increase thatdoes not exceed
the cumulative annual percentage increase in a cost -of
living index that is based on prices of all items and
issued by the Bureau of Labor Statistics or by a fixed
annual increase of five percent or less
U To the extent of the reduction in the amount of the
Member's payments to provide for a survivor benefit
upon death, but only if the beneficiary whose life was
being used to determine the distribution period
described in subsection 4 dies or is no longer the
Member's beneficiary pursuant to a qualified domestic
relations order within the meaning of Section 414(p).
Uc To provide cash refunds of Accumulated Contributions
upon the Member's death.
(M To pay increased benefits that result from a Plan
amendment.
B. Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Member's required
beginning date (or, if the Member dies before distributions begin the
date distributions are required to begin under subsection 2.B.) is the
payment that is required for one payment interval. The second
Payment need not be made until the end of the next payment interval
even if that payment interval ends in the next calendar year. Payment
intervals are the periods for which payments are received e.q. bi-
monthly, monthly, semi-annually, or annually. All of the Member's
benefit accruals as of the last day of the first distribution calendar year
will be included in the calculation of the amount of the annuity
payments for payment intervals ending on or after the Members
required beginningdate.
C. Additional Accruals After First Distribution Calendar Year. Anv
additional benefits accruing to the Member in a calendar year after the
first distribution calendar year will be distributed beginning with the
first payment interval ending in the calendar year immediate
following the calendar year in which such amount accrues
4. Requirements for Annuity Distributions That Commence During a Member's
Li etime.
A. Joint Life Annuities Where the Beneficiary Is Not the Member's
Spouse. If the Member's interest is being distributed in the form of a
oint and survivor annuity for the ioint lives of the Member and a
nonspouse beneficiary. annuity payments to be made on or after the
Member's required beginning date to the designated beneficiar rLafter
the Member's death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have
been payable to the Member using the table set forth in Q&A-2 of
Section 1.401(a)(9}6T of the Treasury regulations. If the form of
distribution combines a Lint and survivor annuity for the joint lives of
the Member and a nonspouse beneficiary and a period certain
annuity, the requirements in the preceding sentence will apply to
annuity payments to be made to the designated beneficiary after the
expiration of the period certain.
B. Period Certain Annuities. Unless the Member's spouse is the sole
designated beneficiary and the form of distribution is a period certain
and no life annuity, the period certain for an annuity distribution
commencing during the Member's lifetime may not exceed the
applicable distribution period for the Member under the Uniform
Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury
regulations for the calendar year that contains the annuity starting
date. If the annuity starting date precedes the year in which the
Member reaches age 70 the applicable distribution period for the
Member is the distribution period for age 70 under the Uniform
Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Member as of
the Member's birthday in the year that contains the annuity starting
date. If the Member's spouse is the Member's sole designated
beneficiary and the form of distribution is aperiod certain and no life
annuity, the period certain may not exceed the longer of the Member's
applicable distribution period as determined under this subsection
4.B., or the joint life and last survivor expectancy of the Member and
the Member's spouse as determined under the Joint and Last
Survivor Table set forth in Section 1 401(a)(9)-9 of the Treasury
regulations, using the Member's and spouse's attained ages as of the
Member's and spouse's birthdays in the calendar year that contains
the annuity starting date.
5. Requirements for Minimum Distributions Where Member Dies Before Date
Distributions Begin.
A. Member Survived by Designated Beneficiary If the Member dies
before the date distribution of his or her interest begins and there is
a designated beneficiary, the Member's entire interest will be
distributed beginning no later than the time described in subsection
2.B.(1) or 2.B.(2) over the life of the designated beneficiary or over
a period certain not exceeding_
u Unless the annuity starting date is before the first distribution
calendar vear, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the
beneficiary's birthday in the calendar year immediately
following the calendar year of the Member's death
{� If the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the
beneficiary's birthday in the calendar year the contains the
annuity starting date
B. No designated Beneficiary. If the Member dips before the date
distributions begin and there is no designated beneficiary as of
September 30 of the year following the year of the Member's death
distribution of the Member's entire interest will be completed b
December 31 of the calendar year containing the fifth anniversary of
the Member's death
C. Death of Surviving Spouse Before Distributions to Surviving Spouse
Begin. If the Member dies before the date distribution of his interest
begins. the Member's surviving spouse is the Member's sole
designated beneficiary, and the surviving souse dies before
distributions to the surviving souse begin, this subsection 5 will apply
as if the surviving spouse were the Member except that the time by
which distributions must be in will be determined without regard to
subsection 2 B (1)
6. Definitions.
A. Designated Beneficiary The individual who is designated as the
beneficiary under the Plan and is the designated beneficiary under
Section 401(a)(9) of the Code and Section 1 401(a)L) 1 Q&A 4 of
the Treasury regulations
B. Distribution Calendar Year. A calendar year for which a minimum
distribution is required For distributions beginning before the
Member's death, the first distribution calendar vear is the calendar
year immediately preceding the calendar year which contains the
Member's required beginning date. For distributions beginning after
the Member's death, the first distribution calendaryear is the calendar
year in which distributions are required to begin pursuant to
subsection 2.6.
C. Life Expectancy. Life expectancy as computed by use of the Single
Life Table in Section 1.401(a)(9)-9 of the Treasury regulations
D. Required Beginning Date. The date specified in subsection 2 A
SECTION 4: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section
26, Direct Transfers of Eligible Rollover Distributions, by adding subsection 3., Elimination
of Mandatory Distributions, to read as follows:
SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS: ELIMINATION OF MANDATORY
DISTRIBUTIONS.
3. Elimination of Mandatory Distributions.
Notwithstanding any other provision herein to the contrary in the event this
Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise
required by law, for an amount in excess of one -thousand dollars ($1 000 00) such
distribution shall be made from the Plan only upon written request of the Member and
completion by the Member of a written election on forms designated by the Board to either
receive a cash lump sum or to rollover the lump sum amount
SECTION 5: That the City of Okeechobee Municipal Police Officers' Pension Trust
Fund, adopted pursuant to Ordinance No. 888, is hereby amended by amending Section
28, Deferred Retirement Option Plan, subsection 4., Distribution of DROP Accounts on
Termination of Employment, to read as follows:
10
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
4. Distribution of DROP Accounts on Termination of Em to ment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Police Officer. Except as provided in
subsection 4.9.E., no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Police Officer.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.G-.F. A Member
may, however, elect, in such time and manner as the Board
shall prescribe, that his DROP distribution be used to purchase
a nonforfeitable fixed annuity payable in such form as the
Member may elect. Elections under this paragraph shall be in
writing and shall be made in such time or manner as the Board
shall determine.
and t
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
(-1-) Except as otherwise provided in this subsection 4., distribution
of a Member's DROP Account shall be made as soon as
administratively practicable following the Members termination
of employment. Distribution of the amount in a Member's
DROP account will not be made unless the Member completes
11
a written request for distribution and a written election on
forms designated by the Board, to either receive a cash lump
sum or a rollover of the lump sum amount.
D.E- Proof of Death and Right of Beneficiary or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E.P-. Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
12
Distribution Of Benefi "provisloP.. . -. .
E.G-. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distrbutee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
SECTION 6: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION & If any section, subsection, sentence, clause, phrase of this ordinance,
or the particular application thereof shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction, the remaining section, subsection,
sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 9: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this 2nd
May
ATTEST:
Lane Gamiotea, City Clerk
May
James E. Kirk, Mayor
day of
Passed on second reading after public hearing this 16th day of
2006.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
vawbk�)OR12-05-05.ord
13
James E. Kirk, Mayor
•
LAW OFFICES
•
SCOTT R. CHRISTIANSEN
H.LEE DEHNER
CHRISTIANSEN & DEHNER, P.A.
63 SARASOTA CENTER BLvD.
SUITE 107
SARASOTA, FLORIDA 34240
April 5, 2006
Mr. Brian Whitehall, City Administrator
City of Okeechobee
55 S.E. 3' Avenue
Okeechobee, FL 34974-2032
PHONE: (941) 377-2200
FAx: (941) 377-4848
Re: City of Okeechobee Municipal Police Officers' Pension Trust Fund
Dear Mr. Whitehall:
As you know, I represent the Board of Trustees of your City of Okeechobee
Municipal Police Officers' Pension Trust Fund. As directed by the Board of Trustees,
I am enclosing a proposed ordinance which is recommended for adoption by City
Council. The ordinance includes a number of changes resulting from recent
amendments to the Internal Revenue Code which apply to tax qualified pension plans
such as ours:
1. Section 10, Optional Forms of Benefits, has been amended to reflect
revised IRS limitations on the calculation and payment of the Joint and
Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate
changes to the minimum distribution requirements of Internal Revenue
Code Section 401 (a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any
mandatory cash distributions in excess of one -thousand dollars. These
changes are proposed to eliminate the effects of a new Internal Revenue
Code (401 (a)(31)(B)) provision that would require the Board of Trustees
to establish an IRA for any member or former member who is due an
involuntary distribution and who fails to elect, in writing, to receive
either a cash distribution or a rollover of the amount to be distributed.
Mr. Brian Whitehall, G Administrator •
April 5, 2006
Page 2
By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith &
Company, I am requesting that they provide you with a letter confirming that there is
no cost associated with the adoption of this ordinance.
If you or any member of your staff have any questions with regard to this
ordinance, please feel free to give me a call. In addition, if you feel it would be
appropriate for me to be present at the meeting at which this ordinance is considered
by the City Council, please contact my office to advise me of the date that the
ordinance would be considered.
Your ve ttrmul
Scott R. Christiansen
SRC/vaw
enclosure
cc: -Gabriel, Roeder, Smith 8. Company, with enclosure
Bettye Taylor, without enclosure
• The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached i
copy of advertisement, being a
in the matter of
�`�'W�-� %tom-�-:rr�., � C'✓
C? C
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
Afliant 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 fast publication of the
attached copy of advertisement; and affiant further says that she
has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said newspaper.
Sworn to and subscnbeaTefore me this
f
day of A.D. 20 0
Notary ubhP c, State ofFlonda at Large
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will
on Tuesday, May 16,2006 at 6:00 p.m. or as soon thereafter possible, at City
Hal, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and.lhere-
after to consider final reading of the following Ordinance into law. NO. $49: AN
ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE MUNICIPAL FIRE-
FIGHTERS' PENSION TRUST FUND, ADOPTED PURSUANT TO ORDINANCE NO.
889; AMENDING SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION OF
'CREDITED SERVICE' AMENDING SECTION 10, OPTIONAL FORMS OF BENE-
FITS; AMENDING SECTION 16, DISTRIBUTION OF BENEFITS; AMENDING SEC-
TION 26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS;
AMENDING SECTION 28 DEFERRED RETIREMENT OPTION PLAN; PROVIDING
FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EF-
FECTIVE DATE.
All members of the public are encouraged to attend and participate in said hearing.
The proposed Ordinance may be in inspected in its enfirety by members of the
public in the Office of the City Clerk during regular business hours, Mon- Fri, 8am
- 4:30pm, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal any
decis on made by the City Council with respect to any matter considered at this
hearing, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based. City Clerk tapes are for the sole purpose of backup for official records of
the Clerk.
In accordance with the Americans with disability Act (AD) and Florida Statutes
286.26, persons with disabiltes needing special accommodation to participate in
this proceeding should contact Lane Gamiotea, no later than two (2) working
days prior to the proceeding at 863-763-3372, X 215; if hearing or voice im-
paired, Call TOO 1- 00-222-3448 (voice) or 1-888-447-5620 (TTY).
Lane Gamiotea, CIVIC, CITY CLERK
132581 on 5/5/2006
• � ExlNIBIT 5
ORDINANCE NO. 949 MAY 2, 2005
AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE MUNICIPAL
FIREFIGHTERS' PENSION TRUST FUND, ADOPTED
PURSUANT TO ORDINANCE NO. 889; AMENDING
SECTION 1, DEFINITIONS, BY AMENDING THE DEFINITION
OF "CREDITED SERVICE"; AMENDING SECTION 10,
OPTIONAL FORMS OF BENEFITS; AMENDING SECTION
16, DISTRIBUTION OF BENEFITS; AMENDING SECTION
26, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS; AMENDING SECTION 28, DEFERRED
RETIREMENT OPTION PLAN; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY OF
PROVISIONS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee Municipal Firefighters' Pension Trust
Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section
1, Definitions, to amend the definition of "Credited Service" to read as follows:
Credited Service means the total number of years and fractional parts of
years of service as a Firefighter with Member contributions when required, omitting
intervening years or fractional parts of years when such Member was not employed by the
City as a Firefighter. A Member may voluntarily leave his Accumulated Contributions in the
Fund for a period of five (5) years after leaving the employ of the Fire Department pending
the possibility of being reemployed as a Firefighter, without losing credit for the time that
he was a Member of the System. If a vested Member leaves the employ of the Fire
Department, his Accumulated Contributions will be returned only upon his written request.
If a Member who is not vested is not reemployed as a Firefighter with the Fire Department
within five (5) years, his Accumulated Contributions, if one -thousand dollars ($1.000.00)
or less, shall be returned. If a Member who is not vested is not reemployed within five (5)
years, his Accumulated Contributions, if more than one -thousand dollars ($1 000 00). will
be returned only upon the written request of the Member and upon completion of a written
election to receive a cash lump sum or to rollover the lump sum amount on forms
designated bathe Board. Upon return of a Member's Accumulated Contributions, all of his
rights and benefits under the System are forfeited and terminated. Upon any
reemployment, a Firefighter shall not receive credit for the years and fractional parts of
years of service forwhich he has withdrawn his Accumulated Contributions from the Fund,
unless the Firefighter repays into the Fund the contributions he has withdrawn, with
interest, as determined by the Board, within ninety (90) days after his reemployment.
The years or fractional parts of a year that a Member serves in the military
service of the Armed Forces of the United States, the United States Merchant Marine or
the United States Coast Guard, voluntarily or involuntarily, after separation from
employment as a Firefighter with the City to perform training or service, shall be added to
his years of Credited Service for all purposes, including vesting, provided that:
A. The Member must return to his employment as a Firefighter within
one (1) year from the earlier of the date of his military discharge or his
release from active service.
B. The Member is entitled -to reemployment under the provisions of the
Uniformed Services Employment and Reemployment Rights Act
(USERRA), (P.L.103-353).
C. The maximum credit for military service pursuant to this paragraph
shall be five (5) years.
SECTION 2: That the City of Okeechobee Municipal Firefighters' Pension Trust
Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section
10, Optional Forms of Benefits, subsection 1.A. to read as follows:
SECTION 10. OPTIONAL FORMS OF BENEFITS.
1. In lieu of the amount and form of retirement income payable in the event of
normal or early retirement as specified herein, a Member, upon written request to the
Board may elect to receive a retirement income or benefit of equivalent actuarial value
payable in accordance with one of the following options:
A. A retirement income of a monthly amount, payable to the Retiree
during the lifetime of the Retiree and following the death of the
Retiree, one hundred percent (100%), seventy-five percent (75°!%),
sixty-six and two-thirds percent (66 213%) or fifty percent (50%) of
such monthly amount payable to a joint pensioner for his lifetime.
I iet ree and his joint pensioner- Except where the Retiree's joint
pensioner is his spouse, the payments to the joint pensioner as a
percentage of the payments to the Retiree shall not exceed the
applicable percentage provided for in the applicable table in the
Treasury regulations.
SECTION 3: That the City of Okeechobee Municipal Firefighters' Pension Trust
Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section
16, Distribution of Benefits, to read as follows:
2
i •
SECTION 16. MINIMUM DISTRIBUTION OF BENEFITS.
0
1. General Rules.
A.
Effective Date. The provisions of this Section will apply for purposes
of determining required minimum distributions for calendar years
beginning with the 2003 calendar year.
B.
Precedence. The requirements of this Section will take precedence
over any inconsistent provisions of the Plan.
C.
Requirements of Treasury Regulations Incorporated. All distributions
required under this Section will be determined and made in
accordance with the Treasury regulations under Section 401(a)(9) of
the Code.
D.
TEFRA Section 242(b)(2) Elections. Notwithstanding the other
Provisions of this Section otherthan this subsection 1.D., distributions
may be made under a designation made before January 1 1984 in
accordance with Section 242(b)(2) of the Tax Equity and Fiscal
Responsibility Act (TEFRA) and the provisions of the plan that related
to Section 242(b)(2) of TEFRA.
2. Time and Manner of Distribution.
A.
Required Beginning Date. The Member's entire interest will be
distributed, or begin to be distributed, to the Member no later than the
Member's required beginning date which shall not be later than April
1 of the calendar year following the later of the calendar year in which
the Member attains age seventy and one-half (70 %2) or the calendar
year in which the Member retires unless otherwise provided for in the
Plan or required bylaw.
B.
Death of Member Before Distributions Begin If the Member dies
before distributions begin. the Member's entire interest will be
distributed, or begin to be distributed no later than as follows:
If the Member's surviving spouse is the Member's sole
designated beneficiary, then distributions to the surviving
spouse will begin by December 31 of the calendar year
immediately following the calendar year in which the Member
died, or by December 31 of the calendar year in which the
Member would have attained age 70'/2. if later.
j2) If the Member's surviving spouse is not the Member's sole
designated beneficiary, then, distributions to the designated
beneficiary will begin by December 31 of the calendar year
•
immediately following the calendar year in which the Member
died.
If there is no designated beneficiary as of September 30 of the
year following the year of the Member's death the Member's
entire interest will be distributed by December 31 of the
calendar year containing the fifth anniversary of the Member's
death.
u If the Member's surviving spouse is the Member's sole
designated beneficiary and the surviving spouse dies after the
Member but before distributions to the surviving souse begin,
this subsection 2.B., other than subsection 2 B (1) will apply
as if the surviving spouse were the Member.
For purposes of this subsection 2 B and subsection 5
distributions are considered to begin on the Member's required
beginning date or, if subsection 2 B (4) applies the date of
distributions are required to begin to the surviving spouse
under subsection 2 B (l) If annuity payments irrevocaby
commence to the Member before the Member's re uired
beginning date (or to the Member's surviving spouse before
the date distributions are required to begin to the survivin
spouse under subsection 2.B.0)), the date distributions are
considered to begin is the date distributions actually
commence.
C. Form of Distribution. Unless the Member's interest is distributed in
the form of an annuity purchased from an insurance company or in a
single sum on or before the required beginning date as of the first
distribution calendar year distributions will be made in accordance of
subsections 3 4 and 5 of this Section. If the Member's interest is
distributed in the form of an annuity purchased from an insurance
company, distributions thereunder will be made in accordance with
the requirements of Section 401(a)(9) of the Code and Treasury
regulations. Any part of the Member's interest which is in the form of
an individual account described in Section 414(k) of the Code will be
distributed in a manner satisfying the requirements of Section
401(a)(9) of the Code and Treasury regulations that apply to
individual accounts
3. Determination of Amount to be Distributed Each Year.
A. General Annuity Requirements If the Member's interest is paid in the
form of annuity distributions under the Plan payments under the
annuity will satisfy the following requirements:
(1) The annuity distributions will be paid in periodic payments
made at intervals not longer than one year.
The distribution period will be over a life (or lives) or over a
period certain not longer than the period described in
subsection 4 or 5.
U3� Once payments have begun over a period certain the period
certain will not be changed even if the period certain is shorter
than the maximum permitted
(4) Payments will either be nonincreasing or increase only as
follows:
(a) By an annual percentage increase that does not exceed
the cumulative annual percentage increase in a cost -of -
living index that is based on prices of all items and
issued by the Bureau of Labor Statistics or by a fixed
annual increase of five percent or less
(b) To the extent of the reduction in the amount of the
Member's payments to provide for a survivor benefit
upon death but only if the beneficiary whose life was
being used to determine the distribution period
described in subsection 4 dies or is no longer the
Members beneficiary pursuant to a qualified domestic
relations order within the meaning of Section 414(p)
(c) To provide cash refunds of Accumulated Contributions
upon the Member's death
(d) To pay increased benefits that result from a Plan
amendment.
B. Amount Required to be Distributed by Required Beginning Date. The
amount that must be distributed on or before the Member's required
beginning date (or, if the Member dies before distributions begin the
date distributions are required to begiLunder subsection 2 B is the
payment that is required for one payment interval The second
payment need not be made until the end of the next payment interval
even if that payment interval ends in the next calendar year. Payment
intervals are the periods for which payments are received. e.g. bi-
monthly, monthly, semi-annually, or annually. All of the Member's
benefit accruals as of the last day of the first distribution calendar year
will be included in the calculation of the amount of the annuity
payments for payment intervals ending on or after the Member's
required beginning date.
C. Additional Accruals After First Distribution Calendar Year. Anv
additional benefits accruing to the Member in a calendar year after the
first distribution calendar year will be distributed beginning with the
first payment interval ending in the calendar year immediately
following the calendar year in which such amount accrues.
4. Requirements for Annuity Distributions That Commence During a Member's
Lifetime.
A. Joint Life Annuities Where the Beneficiary Is Not the Member's
Spouse. If the Member's interest is being distributed in the form of a
joint and survivor annuity for the ioint lives of the Member and a
nonspouse beneficiary, annuity payments to be made on or after the
Member's required beginning date to the designated beneficiary after
the Member's death must not at any time exceed the applicable
percentage of the annuity payment for such period that would have
been payable to the Member using the table set forth in Q&A-2 of
Section 1.401(a)(9)-6T of the Treasury regulations. If the form of
distribution combines a ioint and survivor annuity for the joint lives of
the Member and a nonspouse beneficiary and a period certain
annuity, the requirements in the preceding sentence will apply to
annuity payments to be made to the designated beneficiary after the
expiration of the period certain.
B. Period Certain Annuities. Unless the Member's spouse is the sole
designated beneficiary and the form of distribution is a period certain
and no life annuity, the period certain for an annuity distribution
commencing during the Member's lifetime may not exceed the
applicable distribution period for the Member under the Uniform
Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury
regulations for the calendar year that contains the annuity starting
date. If the annuity starting date precedes the year in which the
Member reaches age 70 the applicable distribution period for the
Member is the distribution period for age 70 under the Uniform
Lifetime Table set forth in Section 1.401(a)(9)-9 of the Treasury
regulations plus the excess of 70 over the age of the Member as of
the Member's birthday in the year that contains the annuity starting
date. If the Member's spouse is the Member's sole designated
beneficiary and the form of distribution is a period certain and no life
annuity, the period certain may not exceed the longer of the Member's
a0plicable distribution period, as determined under this subsection
4.B., or the joint life and last survivor expectancy of the Member and
the Member's spouse as determined under the Joint and Last
Survivor Table set forth in Section 1.401(a)(M-9 of the Treasury
regulations, using the Member's and spouse's attained ages as of the
Member's and spouse's birthdays in the calendar year that contains
the annuity startingdate.
5. Requirements for Minimum Distributions Where Member Dies Before Date
Distributions t! in.
A. Member Survived by Designated Beneficiary. If the Member dies
before the date distribution of his or her interest beains and there is
a designated beneficiary, the Member's entire interest will be
distributed, beginning no later than the time described in subsection
2.B.(1) or 2.B.(2), over the life of the designated beneficiary or over
a period certain not exceeding;
M Unless the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the
beneficiary's birthday in the calendar year immediately
following the calendar year of the Member's death.
Q If the annuity starting date is before the first distribution
calendar year, the life expectancy of the designated
beneficiary determined using the beneficiary's age as of the
beneficiary's birthday in the calendar year the contains the
annuity starting date.
B. No designated Beneficiary. If the Member dies before the date
distributions begin and there is no designated beneficiary as of
September 30 of the year following the year of the Member's death
distribution of the Member's entire interest will be completed by
December 31 of the calendar year containing the fifth anniversary of
the Member's death.
C. Death of Surviving Spouse Before Distributions to Survivino Spouse
Begin. if the Member dies before the date distribution of his interest
begins, the Member's surviving spouse is the Member's sole
designated beneficiary, and the surviving_ spouse dies before
distributions to the surviving spouse begin, this subsection 5 will apply
as if the surviving spouse were the Member, except that the time b_y
which distributions must begin will be determined without regard to
subsection 2.13.(1).
6. Definitions.
A. Designated Beneficiary. The individual who is designated as the
beneficiary under the Plan and is the designated beneficiary under
Section 401(a)(9) of the Code and Section 1.401(a)(9)-1, Q&A-4. of
the Treasury regulations.
B. Distribution Calendar Year. A calendar year for which a minimum
distribution is required. For distributions beginning before the
Member's death, the first distribution calendar year is the calendar
year immediately preceding the calendar year which contains the
Member's required beginning date. For distributions beginning after
the Member's death, the first distribution calendar year is the calendar
year in which distributions are required to begin pursuant to
subsection 2.13.
C. Life Expectancy. Life expectancy as computed by use of the Single
Life Table in Section 1.401(a)(9)-9 of the Treasury regulations
D. Required Beginning Date. The date specified in subsection 2 A
SECTION 4: That the City of Okeechobee Municipal Firefighters' Pension Trust
Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section
26, Direct Transfers of Eligible Rollover Distributions, by adding subsection 3., Elimination
of Mandatory Distributions, to read as follows:
SECTION 26. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS: ELIMINATION OF MANDATORY
DISTRIBUTIONS.
3. Elimination of Mandatory Distributions.
Notwithstanding any other provision herein to the contrary, in the event this
Plan provides for a mandatory (involuntary) cash distribution from the Plan not otherwise
required by law, for an amount in excess of one -thousand dollars (,$1 000 00) such
distribution shall be made from the Plan only upon written request of the Member and
0 i
completion by the Member of a written election on forms designated by the Board to either
receive a cash lump sum or to rollover the lump sum amount.
SECTION 5: That the City of Okeechobee Municipal Firefighters' Pension Trust
Fund, adopted pursuant to Ordinance No. 889, is hereby amended by amending Section
28, Deferred Retirement Option Plan, subsection 4., Distribution of DROP Accounts on
Termination of Employment, to read as follows:
SECTION 28. DEFERRED RETIREMENT OPTION PLAN.
4. Distribution of DROP Accounts on Termination of Employment.
A. Eligibility for Benefits.
A Member shall receive the balance in his DROP Account in
accordance with the provisions of this subsection 4. upon his
termination of employment as a Firefighter. Except as provided in
subsection 4.1.E., no amounts shall be paid to a Member from the
DROP prior to his termination of employment as a Firefighter.
B. Form of Distribution.
(1) Unless the Member elects otherwise, distribution of his DROP
Account shall be made in a lump sum, subject to the direct
rollover provisions set forth in subsection 4.G F. A Member
may, however, elect, in such time and manner as the Board
shall prescribe, that his DROP distribution be used to purchase
a nonforfeitable fixed annuity payable in such form as the
Member may elect. Elections under this paragraph shall be in
writing and shall be made in such time or manner as the Board
shall determine. If the annuity form seleeted 05 not a qualified
joint and fifty percent (50%) stirviver annuity with the Member's
Spousa as the Benefleiary, the annuity payable to the Membe
and thereafter to his Benefie6ary shall be subleet to th-5
0 neidental death benefit rule as described in Seetion
401(a)(9)(G) of the Gode and its applicable regulations.
(2) If a Member dies before his benefit is paid, his DROP Account
shall be paid to his Beneficiary in such optional form as his
Beneficiary may select. If no Beneficiary designation is made,
the DROP Account shall be distributed to the Member's estate.
C. Date of Payment of Distribution.
Except as otherwise provided in this subsection 4., distribution
of a Member's DROP Account shall be made as soon as
10
• •
administratively practicable following the Member's termination
of employment. Distribution of the amount in a Member's
DROP account will not be made unless the Member completes
a written request for distribution and a written election on
forms designated by the Board to either receive a cash lump
sum or a rollover of the lump sum amount.
(2) In lieu of a distribtition as dose, ibed On paragraph (i) above, a
the :. -- Aeeount to be Is
employmentApril 1 following the later of the ea endar yearin which he
his
whole Om service tinder the provisions of this stibseetion D., he sh
one lurnp sum payment on or before his required
:: :.
emp oyment, payment of his DROP Aecount shall be mad
aceordanee with the provisions of subseetiom 4.B.
Q.E- Proof of Death and Right of Beneficia[y or Other Person.
The Board may require and rely upon such proof of death and such
evidence of the right of any Beneficiary or other person to receive the
value of a deceased Member's DROP Account as the Board may
deem proper and its determination of the right of that Beneficiary or
other person to receive payment shall be conclusive.
E.t` Distribution Limitation.
Notwithstanding any other provision of this subsection 4., all
distributions from the DROP shall conform to the "Minimum
11
Distribution Of Benefits" provisions as provided for herein regulations
such regulations shall ovemide any DROP provision that
E.G-. Direct Rollover of Certain Distributions.
This subsection applies to distributions made on or after January 1,
2002. Notwithstanding any provision of the DROP to the contrary, a
distributee may elect to have any portion of an eligible rollover
distribution paid in a direct rollover as otherwise provided under the
System in Section 26.
SECTION 6: Specific authority is hereby granted to codify and incorporate this
Ordinance in the existing Code of Ordinances of the City of Okeechobee.
SECTION 7: All Ordinances or parts of Ordinances in conflict herewith be and the
same are hereby repealed.
SECTION 8: If any section, subsection, sentence, clause, phrase of this ordinance,
or the particular application thereof shall be held invalid by any court, administrative
agency, or other body with appropriate jurisdiction, the remaining section, subsection,
sentences, clauses, or phrases under application shall not be affected thereby.
SECTION 9: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this 2nd day of
May . 2006.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, City Clerk
May Passed on second reading after public hearing this 16th day of
y , 2006.
ATTEST:
Lane Gamiotea, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
vaw\ok\fire\ 12-06-05. ord
12
James T Kirk, Mayor
SCOTT R. CHRISTIANSEN
H. LEE DEHNER
LAW OFFICES
CHRISTIANSEN & DEHNER, P.A.
63 SARASOTA CENTER BLvD.
SUITE 107
SARASOTA, FLORIDA 34240
April 5, 2006
Mr. Brian Whitehall, City Administrator
City of Okeechobee
55 S.E. 3RD Avenue
Okeechobee, FL 34974-2032
PHONE: (941) 377-2200
FAX: (941)377-4848
Re: City of Okeechobee Municipal Firefighters' Pension Trust Fund
Dear Mr. Whitehall:
As you know, I represent the Board of Trustees of your City of Okeechobee
Municipal Firefighters' Pension Trust Fund. As directed by the Board of Trustees, I
am enclosing a proposed ordinance which is recommended for adoption by City
Council. The ordinance includes a number of changes resulting from recent
amendments to the Internal Revenue Code which apply to tax qualified pension plans
such as ours:
1. Section 10, Optional Forms of Benefits, has been amended to reflect
revised IRS limitations on the calculation and payment of the Joint and
Survivor benefit option.
2. Section 16, Distribution of Benefits, has been amended to incorporate
changes to the minimum distribution requirements of Internal Revenue
Code Section 401 (a)(9). These changes are based upon model language
supplied by the IRS for inclusion in tax -qualified pension plans.
3. Various sections of the plan have also been amended to eliminate any
mandatory cash distributions in excess of one -thousand dollars. These
changes are proposed to eliminate the effects of a new Internal Revenue
Code (401 (a)(31)(B)) provision that would require the Board of Trustees
to establish an IRA for any member or former member who is due an
involuntary distribution and who fails to elect, in writing, to receive
either a cash distribution or a rollover of the amount to be distributed.
Mr. Brian Whitehall City Administrator
April 5, 2006
Page 2
By copy of this letter to the Board's actuary, Gabriel, Roeder, Smith &
Company, I am requesting that they provide you with a letter confirming that there is
no cost associated with the adoption of this ordinance.
If you or any member of your staff have any questions with regard to this
ordinance, please feel free to give me a call. In addition, if you feel it would be
appropriate for me to be present at the meeting at which this ordinance is considered
by the City Council, please contact my office to advise me of the date that the
ordinance would be considered.
Yours ery rely,
Scott R. Christiansen
SRC/vaw
enclosure
cc: Gabriel, Roeder, Smith &- Company, with enclosure
Bill Douglas, without enclosure
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the
Okeechobee News, a DAILY Newspaper published at
Okeechobee, in Okeechobee County, Florida; that the attached
copy of advertisement, being a
/ -3 -7.3_
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
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE
01 Okeechobee, Florida YA
on Tuesday, JuneC6, 2006 at E that the 6 00p . or asCouncil Of soonsoon thereafter slble, at Cf
Hall, 55 SE 3rd Ave., Okeecnhgobee, R conddumcpt a PUBLIC HEAR on and tow
ORDINANCE oconcrier final
+` adij of c RND o�BANOOa NG TIC ALLEYS OR AALL�LEA1
WAYS AS DESCRIBED HEREIN, WITHIN BLOCK 18, CRY OF OKEECHOBEE, A
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBE
COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORD
NANANDFORKEECH BEE COUNTY, FLORIDA; PROVIDING FOR EFFEI CTR
ND
DATE. in sold Iteari
AN members of the public are encouraged to attend and participate
The proposed ordinance may be inspected in its edf rety by members of fw Pu
lic in the office of the City Clerk during regular business hours, Mon-F
8am-4:3Dpm, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED #0 f any person desires to appeal a
decision made by the City Council with respect to any matter aeoskWW at I
hearing, such interested person will need a record of the proceedings, and 1
such purpose may reed to ensure a verbatim records of the proceedings; is mai
which record includes the testimony and evidence upon which the appeal is to
based. City Clerk taps are for the sole purpose of backup for official records
the Clerk
In accordance with the Americans with Disability Act (ADA) and Florida State
286.26, persons with disabilities needing special accommodation to participate
this proceeding should contact Lane Gamotea no later than two (2) working it'
pponor to the pprroceeding at 863-763-3372 x215; I hearing or voice impaired,
TDO 1-800-222-3448 voice or 1-888-447-5620 (TTY).
Lane Gamimea, CMC, CIT� CLRK
137318 ON 5126/06
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.
i
Sworrt/to and s b ,ed efore me this b
day of A.D. 20 (�
Notary Ilublic, State of Florida at Large
• • ExtIIBIT 6
MAY 2, 2006
ORDINANCE NO. 950
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS
OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 18, CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC
RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE
CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an Alley Closing Application (No. 80) from Bradley G.
Goodbread for the closing of a certain alleyway as described in this ordinance to
utilize the property for future a multi -family development; and
WHEREAS, a review of such application reveals that it is in the best interest of the citizens
of the City of Okeechobee as a whole to grant said application; and
WHEREAS, the granting of the application will serve a legitimate public interest and is a
proper exercise of the municipal authority of the City of Okeechobee as a
discretionary function;
NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
Section One. The alleyway described hereafter is hereby closed, vacated and
abandoned by the City of Okeechobee, Florida to -wit:
The alley running East to West, between Lots 1 to 10, and 17 to
26 within Block 18, CITY OF OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 5 of the public records of
Okeechobee County, Florida; together with
Section Two. The City Clerk shall cause a certified copy of the ordinance to be
recorded in the public records of Okeechobee County, Florida.
Section Three. This ordinance shall be set for final public hearing the 6th day of June,
2006, and shall take effect immediately upon its adoption.
INTRODUCED for first reading and set for final public hearing this 2"d day of May, 2006.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
Page 1 of 2
PASSED and ADOPTED on second and final public hearing this 6' day of June, 2006.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
James E. Kirk, Mayor
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ALLE�OSING APPLICATION NO.80
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• CITY OF OKE&OBEE
STREET OR ALLEY CLOSING APPLICATION
nv[e: it prope is in rwo nam . oy me orcl " nd" both signatures are required (for example:
Jane D
SIGNATURE OF CO -APPLICANT:
7 4c00&C&*1D
Print name: Print Name:
Jim and
The foregoing instrument was acknowledged before me this 131 �c Or /arn�Alloby
brad l e,J ff, G�bt oad and
(applicant)
who produced
(co -applicant)
�Id—I
who iq personally Known�or
as identification and who did (did not) take oath.
LAN\, MEE�AM.
MrCOMMISSIA#w Notary Public, Commission Not! d 57a
EVIHES:Mamh7,2M (signature
Name of Notar
y ry typed, printed or stamped)
Poe,
George A. Goodbread
Goodbread Ranches G4 Land & Cattle Co
12575 Highway 70 East
Okeechobee, FL 34972
5 April 2006
To Whom It May Concern:
Gagbee, Inc Goodbread of Florida
Tel (863) 763-2838
Fax (863) 467-2900
This letter is to inform you that Bradley G. Goodbread, has authority to negotiate and
sign for George A. Goodbread in all dealings concerning the alley closure on Block 18,
City of Okeechobee, Florida.
With Warm Regards,
r �
4WNZG-
AIRMe MS
MY COMMISSION & DD 403572
�tln-
EXPIRF. - March 7, 2009 j
P0at /a -
GIAGBEE� Inc
A Goodbread Family Company
Land Cattle Nursery Construction Development Mitigation
12575 Highway 70 East
Okeechobee, FL 34972
5 April 2006
To Whom It May Concern:
Tel (863) 763-2838
Fax (863) 467-2900
This letter is to inform you that Bradley G. Goodbread, Vice President of Gagbee,
Inc. has authority to negotiate and sign for Gagbee, Inc. in all dealings concerning the
alley closure on Block 18, City of Okeechobee, Florida.
With War Regards,
Bradley G. Goodbread, Vice President
"y MEM M. EDDINGS
_.: MY COMMISSION # DO 4WI72
EXPIRES: March 7, 2009
S-Ric A" °d1Rc0492 6
OKEECHOPEOR RNTORpY. A.
D.CASSHL%JR. 389269 03JU-8 PH 3:1DI
at taw
aeC+O SHARON ROBERTSON
400MwSworodSk.at CLERK OF CIRCUIT COURT
4 Tfi3N07i
Foe 70.b
Parcel Na s15J7J5-0010-00100.0010
.Z Space Above This Line for Recmdii0 DaWj—
Warranty Deed
(STATI f"Y FORM - SECTION 6110 OZ FS)
O
Thn IMdentrrm Nett der,
ay of Decemb, 2002 Between
JOHN eDR1fE a whose post office address is Boat 251, VYWeb t &A 3N07 of Oie Caedy of
DooiNlas. 56a1e &F and
GAGMM. INCH r, Florida whose poet &fits address it 12575 Her 7D >~ Otneehobeq FL 3072
aims Carat' of akesdr Florida, We~.
WHnesseM lbal sad 8a^br. in considernfim Of 1he sum of TEN AND NWOO DOLLARS (S10.00) sodcowgood atl valuable grader in hand pad by said g&A4 mm /ecaipl aitereof is hemgi
edmomisdgea. has sold IDthe said graraee, and gdanbels hake aid assigns bmW. me
b M*M described lad. sore, - argLtiaing in o+roeoboh.. County Ploilda. b
��,)(i
LOTS 1 THRouGli 7.INCLUSIVE. AND, 2D THROUGH 2S, INCLUSIVE ALL. N BLOCK It TOWN OF
OKEECHOBEE, ACCORDING TO THE EDP RECORDED W PLAT BOOK 2, PAGE 17. PUlKJC
RECbM OF ST. LUCIE COUNTY, FL SAID PLAT BEING RECORDED IN PLAT BOOK 1. PAGE 10
AND PLAT BOOK S. PAGE S. PUBLtC C OF OKEECHOBEE COUNTY. FLORID&
Subjed to residejons, reservaiscm and easements of decord. I any.
ad said graaor does hereby fully werraM the tide 10 said land, and wi 9efend the tans 6911W WOM clams Of
all persome whore oever.
• Tiryikr'aM'Waaee'sm..ed axsaguh.arotaet. as ccrteslde9aitre.
in Witness Vphere&t Wenlar has heketrdo sd granWs hand and seel0rc day and year fast above-10en.
Sign dedd,,�sealed and delivered in our presence:
Y �\ \ \fig m� I ;,*), mn w (mil
w- me w.l,��t ro ( JO f3URKE
State of��
Comaty of O.Lt
The b g.M i.sau.va wet adu kdged befae me tha
^ day of Member. 20M by JOHN BURKE, who D& is
persongly knomm or U has primed —
as identification.
t' W,
Printed Nano Tra(d T A )ran
MYC—issionEatpites /a- t-a&
J abT�t
W.as S
? GEORGL4
ocrzatea
DotautlatdySfampapaid nlhaattaattbf
~�"a1bt> W;•
Claw CkftowlieTo( paid ntheamount
Shaa1 Robet6art. Clerk Dft'itpli(Ctaet
OkeedDlamOoatgt
Floods
D.C.
ONa l-8-.2003
pw/e,
•
#111111IN111
F I L_E NUM 20014003537
Prepared by and return to: CIR BK 00524 PG 1675
JOHN D. CASSELS, JR. OSHARROONNDBEE RTSlONr CLERK OF CIRCUIT COURT
Attorney at Law FL
Cassels 8 McCall RECORDED 03/01/2004 11:37:35 AM P.O. Box 068 400 NW Second Street RECORDING FEES 6.00DEED DOC 525.00
Okeechobee, FL 34973 RECORDED BY G Reubourn
`[File No.: 1531
Parcel Identification No. 3-15-37-35-0010-00180-0010
[Space Above This Line For Recording Data]
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 1st day of March, 2004 Between
ROGELIO FLORES and MARGARITA FLORES, his wife whose post office address is 2623 2ND STREET SW,
Vero Beach, FL 32962 of the County of Indian River, State of Florida, grantor', and
GEORGE A. GOODBREAD, a single man whose post office address is 12575 Hwy. 70 E, Okeechobee, FL
34972 of the County of Okeechobee, State of Florida, grantee',
Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the
following described land, situate, lying and being in Okeechobee County Florida, to -wit:
LOTS 8, 9, AND 10, BLOCK 18, TOWN OFOKEECHOBEE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY; FLORIDA, SAID
PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
Subject to restrictions, reservations and easements of record, if any
and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of
all persons whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
ROGEL O FLORES
State of Florida
County of Okeechobee
•
The foregoing instrument was acknowledged before me Ols Ist day of arch, 2004 by ROGELIO FLORES and
MARGARITA FLORES, who L] are personally known or N1 have produced as identification.
BtEPtbWYKDUPREE It t [Notary Seal) MYCOMMISSIpNtDDt860tB otary ublic
BARES: Fabmery20,2D07 Printed Name:
�71--A't'P°°` My Commission Expires:
ALLEY AND/OR STREET CLOSING CONSENT LETTER
TO: City of Okeechobee
I/We own the following property: 104 !Jg5 111
and with my/our signature below, I/we consent to the closing of the alley and or street
described below:
C
Witness
(up A -
nt Name" kep ?, j? ii It: nra t- C
Witness:
Print Name: �SU �,,� c ic,=►
STATE OF 'r I L k
COUNTY OF
Print Nam a u,4-i,:D
Print N m X:4JA 7-ZZ-164a)
Sworn to (or affirmed) and subscribed before me this -S— day of V-1tv)aa4 , 200 ,
by
Seal �•``er ru`
Robert Enrico
( )_Commission #DD35 51
goaded Th Inc.
�''•,,����;.+`�` Aflantic gondag o
Personally Known
OR Produced Identification
Type of Identification Produced --Dt" OZA� L�t-z- ^-
Notary Signae _
Print Name: B tiuo �NRL w
FZLE NUM 20050058-t2
•
OR SK 00557 PG 0603
RmWSW,, CFLRK OF CIRCUIT COW
TTILS 77QSNRlik4EN'1'PREP'ARED BY AND REIT)RN'f0:
�
RECOROE0 93173/2oo5 12s23s05 Ptl
RECMING FM 10.00
E]ite Title. I=
cm OOC 1,037.00
120 South Parma Avtm m
RECORDED By 6 ewbmWra
here, kilo
l Id Idassi6cbion (Folio) Ntwhas:
larm Apptaims Pascal
_a Spew Aho"This lira Fa ReowdwgDa.
t(
TH ARRANTY DEED. made the 17tk day ofMwck 2M by LaM X Rkbwdm and Lai 1. lt8eiadroh,
hYk
ffice eddnm is lf� !W 1lfi,8C .Otasehobrgr, FL 3N72 harem calW fbe gtuwm to DsWd W.
IIg®� hnbeud ARM wW whose past oliim address n Ebd. ILa Lane. OkeeJsbee. FL 349746
ams ws:
(Wh— h— • mad Fes• b,atrd, ed th-pwato ro Od 6.& w and A, h m kgd>rgv�, Awh-
ard-ogardNwa mwars a.rdamdgargfcvpwvaf.M)
�
WITNESS E°I • That the Vmxdws, for and in caud&rdiw of the no of TEN AND 0011WS (SIOAO) DoOess and
other vdoabk raoafpt whereof is hereby admowledgedd, hereby P-ts, bagaina, sells, dieos, remises,
releaser, conveys unto the p *nm aD the catak land mtmoe in OKEECHOBEE County. Stets of Fkrida,
I.01S 11, it, A
T erg 116 ORUC HOHEE, ACODRDMG TO THE PLAT THEREOF
> ED IN PLA ,�tYQ�6 S, PAGY 5, PMMW BLOOROB OF OMMOROUR COUNTY, PLORIDA.
SnDjed to seetgawtr, saint aandrommursadmeftrom *ad Evans for dwytmr2OU and Haserbtr.
TOGETHER with all the tom, and appartmances d ew bekmging or in wjvdw appertaining.
TO HAVE AND TO HOLD, the same ip� ie forever.
AND, the pwatca hereby covmeat With sfit¢ti ikom tbat the greoews ue hmBdty wand of said land m fee sunpk; that
the gtaNuts have good right end hwl'al authority W sell sad couM said bad, andbmeby warrant the this to said land and
w 11 dcfeod tbo samo against the Iawf tl tatters of an paw= whomsoever; and that sad land to gee of ad aacambmCC3.
wwcpt ttaws ecaning mbsegoe A to Dwmnbtr 3I, 2004.
IN WITNESS WEEMOF, the said grantors have signed and sealed thase prmeats the day mad year fast show wnMm.
Signed, sealed and deftvered in the presence of "yr p
witness/I sigma LwryE
FRANNYwATi•C1RI7-KOMO v
wit.m *I Printed N
Wm- M2 SW.0 e / �C'✓ -
�il�2YQ
RT'mess #2 Printed Name Y
STATE OF FLORIDA
COUNTY OF OICEECHOBEE
The foregoing instrtmtemt was ackuOwledged before we this l7th dry of Much, 2005 by Laff E Richardson
and Linda L. Rcbardson who are pusonaliy known to me a have produced g !�/
as identification.
FReRNrwATraRo+atraN
I4stmY>'ehec. tt4la of Flsrfae Ngtuyptdrlk
MymemL eqt. Jav 2.20m
terns No ooa7trlee FRANNYwATFOiia-1CQt11DN
Fcfraed Notmy Now
My Co�nnsian irtpirea:
F'& Wo:l5-2M
pwl-P
Authorized Signature Typed Name & Title Phone No. Date
pe(
177C� 7 7 � s o(7 c�.� t ��
W ��63=2187
E863
Authorized Snature Typed Name & Title Phone No. Date
Vo
A orized Signature Typed Name& Title Phone No. D to
uired Only. For City of Okeechobee & First Addition to City of Okeechobee Subdivisions:
A.3 763 3 IS--V
Authorized Signat Typed Name & Title Phone No. Date
•
•
*Fiat -
March 29, 2006
Mr. Bradley G. Goodbread
Goodbread Ranches
12575 Highway 70 East
Okeechobee, Florida 34972
Dear Mr. Goodbread:
John A. Hopkins
555 Lake Border Dr.
FLAPKA0305-3006
Apopka, FL 32703-5815
I am in receipt of your letter of February 15, 2006. Sprint -Florida, Incorporated
has no objection to closing the two alleys which you describe in your letter and
illustrate in the attachments, being more particularly described as:
The North/South alley bisecting Block 46, First Addition to South Okeechobee
and Block 1, Royal Oaks Subdivision. and
The East/West alley bisecting Block 18, City of Okeechobee.
Please call me should further discussion be needed.
Y urs truly,
V!---
Hopkins
Estate Manager
407-889-1627
P09 ca CL
Page 3
Authorized Signature Date
D=ne RJbert , Bhj.LQ WXFM are t_n_r
Typed Name & Title
-:R�orizeA Signature date
Ogmr R�mr*:iy 'tv B3ain-pr
Typed Name & Title
Authorized Signature Date
D2MW DcT i , Chief of Police
Typed Name & Title
FIRE,
DEPARTMENT
x
�YZ/ dmw'� , IZ-474
A orized Signature Date
Farb SAth, F IM Chief
Typed Name & Title
F$'ian i 7l nl Grrarre
Typed Name & Title
APPLICATION APPROVED BY:
.C6'" QaI6� 4
LANE GAMITOE , CITY CLERK
p0ju3
DA E
Revised 413103-LG
•
•
Memorandum
To: Lane Gamiotea, City Clerk iLy
From: Oscar Bermudez, Engineer
Date: April l3, 2006
Re: Alley - Closing application from Bradley G. Goodbread. {
The Engineering Department has visited the site and found that future
drainage problems may be generated near the requested abandon
subject City of Okeechobee Alley.
We are aware of the critical drainage problems on City of Okeechobee
City, and for that reason the Engineering Office will recommend not
approving the request for the Alley Closing until future Master
Drainage Plans for the City of Okeechobee is presented.
It is the Engineering Department's opinion that the City of Okeechobee
shall be very cautious before abandoning any Alleys.
K N
Q
June 2006
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BOTH JUNE MEETINGS WILL BE
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0 • Page 1 of 1
Brian Whitehall
From: "Brian Whitehall"<bwhitehall@cityofokeechobee.com>
To: "Mayor Kirk" <jimkirk@adelphia.net>; "Noel Chandler" <captchandler2002@yahoo.com>;
"Dowling Watford"<dowlingwatford@okeechobeeford.com>; "Lydia Jean Williams"
<williams@destinyreef.net>; "Lowry Markham" <lowrymarkham@earthlink.net>
Cc: "India Riedel" <iriedel@cityofokeechobee.com>; "Donna Reynolds"
<dvreynolds@cityofokeechobee.com>; "Kim Barnes" <kbarnes@cityofokeechobee.com>; "Betty
Clement"<bclement@cityofokeechobee.com>; "Melisa Eddings"
<meddings@cityofokeechobee.com>; "Lane Gamiotea"<Igamiotea@cityofokeechobee.com>;
"Donnie Robertson"<drobertson@cityofokeechobee.com>; "Oscar Bermudez"
<oeermudez@cityofokeechobee. com>
Sent: Friday, April 28, 2006 9:54 AM
Attach: Okeechobee stormwater utility Questionnaire FINAL.doc
Subject: Storm Swr Mngmt Questionnaire
As you may be aware, the County has continued to work on a storm sewer master plan which includes
the concept of developing a storm water utility. As part of the planning process the County has retained
Craig A Smith and PMG Assoc Inc and continued to work with the City and SFWMD. Yesterday,
Oscar and I had a lengthy teleconference with those representatives to put the finishing touches on a
questionnaire (attached hereto) that will solicit information from area residents and businesses.
A May 17th, 6:30PM, meeting at the Civic Center is tentatively scheduled as a'kickoff workshop,
where all are invited, including the public, to review storm sewer issues and explain
County/CAS's approach to gather information.
Brian Whitehall, Administrator
City of Okeechobee
55 SE 3rd Avenue
Okeechobee FL 34974-2932
ph-863-763-3372 fax-863-763-1686
4/28/2006
ECHOBEE COUNTY — CITY OF 0 CHOBEE .
STORMWATER QUESTIONNAIRE
Okeechobee County and the City of Okeechobee along with the South Florida Water Management
District are currently in the process of identifying problem areas and potential solutions with regards to
flooding and conveyance of Storm Runoff in the City and the County. We would like to get your input on
this subject and have a few questions that will only take a couple of minutes of your time to answer.
OPTIONAL: Although not required, providing your name, address and telephone number will make it possible to
locate the area of concern. Thank you for your assistance.
NAME (print): PHONE:
ADDRESS:
Stormwater runoff is rainfall that can accumulate after a storm event. Many times due to the severity or
length of the storm, runoff accumulates to a level which floods private property and roads.
With this in mind, have you:
1- Noticed any ponding or flooding problems in your immediate area (where you work or
live) after a storm? For example, significant amounts of water in the streets, parking
lots, on right-of-ways? Please be specific: provide a street address.
Yes No
2-Where have you seen the problems? Please provide an address, name of a building or
cross streets where the problem is located. If you are aware of more than one problem
area, please provide a numbered listing of locations:
3-When do these problems occur? Please check one. If more than one problem was
identified in question #2 above, use that same number to answer questions #3 and #4 also.
(a) After a short rain (up to an hour)
(b) After 2 hours of rain
(c) Only after an intense storm
4- Can you identify the cause and duration of the problem and/or a possible solution?
5-If the only way to correct the problem(s) that you have listed above was to pay a
stormwater fee, would you support a City/County-wide fee on all businesses and residents
to correct these problems and maintain the solutions?
Yes No
6- lam a resident of the City County
PLEASE SUBMIT COMPLETED QUESTIONNAIRE BY JUNE 16, 2006.
COMPLETED QUESTIONNAIRES MAY BE SUBMITTED AT: CITY HALL - 55 SE Third Avenue;
OKEECHOBEE COUNTY ANNEX - 499 NW 5th Ave; SFWMD - 205 North Parrott Avenue Suite
201; WEB SUBMITTAL: WWW.CO.OKEECHOBEE.FL.US or FAX 866-269-5061
May 1, 2006
This Memo is to review and respond to Karl Holtkamp's 4127/06 letter:
Art 9, Sect'n 6 — Management wants the prerogative to hire back after a layoff,
utilizing a formula as described in the amended Agreement wherein 50% of the
hire back 'criteria' will be based on previous employment performance and 50%
on seniority.
Art 10, Sect'n 1 — The minimum thresholds described in Sect'n 9 of Art 10 will
govern promoting, as agreed (ie. 3 yrs experience as City Fireman or 5 yrs as a
paid professional firefighter) as minimum thresholds. The City may accept
application from outside the Dept.
Art 11, Sect'n 2 — The provision of allowing an employee on light duty to work
overtime in an effort help the employee reach his pre -health -related -absence
wage was discussed. Perhaps it was not made clear enough, and you did
mention, "if work was available", but there was not a commitment to amend the
Agreement and add that provision. We talked about what circumstances might
precipitate the Chief allowing an employee to work overtime... that was the extent
of our understanding.
Art 13, Sect'n 1 — Management is not in favor of stipends at this time.
Art 14, Sect'n 1 - Sick leave accrual is being proposed by the Union at 12
hours/month. Comparing sick days to other employees is irrelevant in as much
as we are not drawing conclusions based on other department employee benefits
as was aptly put by the Union, in the argument relating to stipends. However, if a
comparison is going to be made, the only method to calculate the benefit so as to
be equitable is to figure the time worked, or rather the amount of time on duty,
and correlate that to other departments. For example: regular employees work
2080 hours/year and receive 12 eight -hour days. Firemen have 2756 hours (52
weeks X 53/hrs/week) less 192 hours (8 kelly days) = 2564. That is 123% more
than the other Departments. Other employees receive 96 hours (12 months X 8
hour days). 123% times 96 = 118, which is 9.83 hours/ month.
Art 14, Sect'n 3 — Requesting an increase from 240 to 500 hours of Annual
Leave accrual for retirement purposes. The increased hours would be paid at
retirement and would therefore increase the employee's average annual salary
for retirement calculations. Management is not in favor of the increase.
As a review, the following- abbreviated issues were discussed with the
Union and as far as management is concerned:
Issues not agreed to:
1. Recall after layoff (Art 9)
2. Promotions and ability to hire outside of Dept (Art 10)
3. light duty, hourly pay (Art 11, Sectn 2)
4. Monthly Stipends for different special training. City started paying Lt. Cell
phone access, recently (Art 13, Sectn 1)
5. Sick leave (Art 14, Sean 1)
6. Annual leave accrual for retirement purposes (Art 14, Sectn 1)
Proposed, negotiated, and agreed to:
1. Union activity regulations as per Union request (Art 3)
2. Provide bulletin board location as per Union request (Art 4)
3. Administrate dues deduction as per Union request (Art 5)
4. No employee lockout as per Union request (Art 8, Sectn 2)
5. Struck employee pre -demotion pay provision in event of reorganization1layoff
(Art 9, Sectn 5)
6. Promotion testing methodology, designation of a panel, procedural info, all
requested by Union and negotiated mutually agreed terminology (Art 10)
7. Eight Kelly days and shift hours lam to lam, Union unsuccessfully requested
increased number of Kelly days to 13, 3 platoons working 48hour work week
(Art 11, Sectn 1)
8. Shift Exchange now reduced to writing, as requested by Union (Art 12)
9. 6% wage incr retroactive to 10IM5 (Art 13, Secin 1), have paid the `step' pay
increases based on former steps. Union originally requested ranges w/
COLA added as given to other employees and once the top of a range is met
then a quarterly lump sum amt is extended.
10. Clarification on response time and compensation (Art 13, Sectn 4)
11. Rmvd multi year contract, rmvd performance based increases (Art 13)
12. Removed overtime provision for work in excess of 208 hours, adjusted to 212
in 28 day period.
13. Agreed to `step up' pay up to $1, wherein subordinate officer assumes higher
rank for the day. This is new. (Art 13, Sectn 5)
14. Struck original proposal for City to pay insurance premium for dependents
(Art 15)
15. Paying for travel exp, tuition etc wording (Art 16)
16. Uniform and protective clothes, Union wished to have reimbursement for
personal properly damaged and to be supplied w/jumpsuit and station boots,
mutually not agreed to. (Art 17)
17. Union wanted a separate deferred compensation program started in addition
to the current pension, mutually not agreed to (Art 19)
18. Establish Emplee/Mangemnt Comm, as requested by Union (Art 20)
19. Establish discipline procedures unique to the Fire Dept (Art 21)
20. Establish grievance arbitration as requested by the Union (Art 22)
21. City agrees to retain all employees in event of consolidation (Art 23)
22. Scheduling which simply reduces to writing current policy (Art 25)
International Association of Fire Fighters
Okeechobee Local 2919
April 27, 2006 �
Brian Whitehall
Okeechobee City Administrator/per
55 S.E. 3rd Ave.
Okeechobee, FL 34974
RE: Union and City Negotiations
Dear Brian,
This letter is being sent to you in reference to your reply after are last meeting:
1. This is in response to each article mentioned in your letter:
*Article 9, Section 6, The Union did request seniority based call back after layoff,
that is also how it is spelled out in the City of Okeechobee Personnel Policies and
Procedures Hand Book dated 07-24-2000.On page 35 under Types of Separations
and then categorized under Layoff.
*Article 10, Section 1, Yes the Union would like to see advancement made within
the Department whenever possible.
*Article 11, Section 2, The Union did request a change in hourly rates for those
on light duty; however in our last meeting it was agreed that hourly rate would
stay the same and if work was available the employee would be allowed to work
overtime to make up for hours missed.
*Article 13, Yes the Union did request payment for stipends for the employees of
the Fire Department. We are not negotiating for the other city employees, but if
you would like us to contact the AFLJCIO to come in and negotiate a contract for
the other city employees we will assist you in that matter.
*Article 14, Section 1, Yes the Union did request that Sick day accrual be
changed from 8 hours a month to 12 hours a month. This would only total 6 days
of sick leave at the fire department annually and all other city employees receive
12 days of sick leave annually.
O 0
*Article 14, Section 3, Yes the Union did request that Annual leave be allowed to
accrue up to 500 hrs, but that it only be allowed to be collected for retirement
purposes only; otherwise it would fall under standard city policies of 240hrs. State
statutes allow for up to 500 hrs of annual leave to be added into an employees
final year of income to help boost there average annual salary for retirement.
2. I do not agree that all of the items listed in your letter are unresolved. In our last
meeting some changes were agreed to that were not shown in your letter; however.
I hope with this letter the issues still at large have been clarified.
The Union is not ready to declare an impasse until we have met again. We need to make
sure that the issues we are having problems with are the same. It was believed that some
of the issues you stated had already been resolved. I will also forward a copy of our letter
to council so that they may review. Please contact me to schedule a meeting so that we
may resolve the rest of our issues.
Sincerely,
Karl B. Holtkamp
lternational Association of Firefighters
and Florida Professional Firefighters
Union President Local 2918
CC: Mayor and City Council
City of Okeechobee 55 SE 3rdAv Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email: bhitehallCagioofokeechobee.com
* * * * *Memorandum * * * * *
Date: For May 2, 2006 Meeting
TO: Mayor & City Council
FR: City Administrator
RE: Activity Report
Unfinished Business:
• Commerce Center — Last reported of a new round of grant funding that
could be fruitful for all parties, but have experienced a set back in as much
as Adron Fence now wishes to be more conservative on their job creation.
Have investigated DCA penalties on not providing grant submitted
employment numbers, and advised Travis Chambers. Chambers is
considering options. Have attached latest communications.
Atty Cook prepared, and both parties received, Purchase Contracts which
contain the following clauses.,
s wln 1 yr of closing shall have nec.building permits
* shall not sell for 5 years aft issuance of c%
• shall complete construct'n of Lakes as engineered for fill dirt.
• Lots 4 & 5 in Commerce Park - Council has approved LBFH, Inc.,
engineering RFP (for CDBG work) and met with Jim Orth 4/26/06 to
discuss contract and Commerce Park Lake configuration. In the mean
time Old Tyme Construction has applied for a building permit having
successfully went through the TRC process. We have a meeting set up
for next Wed w/ Meyer, CAS and Jim Orth (LBFH) to discuss SFWMD
parameters on lake construction.
• Hamrick — On the Agenda is discussion about the Hamrick issues of the
Park use. The February 7, 2006 minutes excerpt:
Mayor Kirk and Administrator Whitehall updated the Council regarding a
meeting they had with the Hamrick Trustee's and representatives. The meeting
went very well, the main idea was to let the City understand exactly what the
Estate expected due to recent correspondences from the Trustee's regarding the
City's allowance of the parks to the Chamber and Okeechobee Main Street. The
three main issues that were brought up are that the City should not allow out of
town businesses to operate in the park under any non-profit organization status;
that the City should verify the fee's charged by the non-profit organizations to
vendors, these fees should only be enough to cover costs associated with putting
the event on and not to subsidize their general fund or accounts; finally, that the
Hamrick Estate be named as an additional insured with the City when parties use
the parks and that the Trustee's be notified when an event is happening or
approved. There was no official action taken on this item at this time. The matter
will be brought back to the Council at a later date.
Page 1 of 5
The last communication that I have from Atty Cook, gave additional info
maintaining that there is nothing in the 1914 dedication that says the City
cannot allow private entities use of the park for events.
• Main Street evaluation is also this meeting's Agenda. Chamber's
Xmas/Labor Day festivities approval delayed 'till aft 5/2/06 meeting.
• Raulerson Case: On 2116106 the City was `officially served' with a summons. On
3115106 (reed 3123106) a motion to dismiss was filed in federal court (this after
the City's defense Atty, Allen, Norton & Blue, moved the matter to Federal Court
as a matter of procedural error by the plainhffl.
• Garbage Franchise Agreement — We will have to make a determination as to
how the City will assess to make up the difference discussed for increased
garbage billing from Jan to Sep 2006. Have been working on billing history
issues. Reminded Waste, last week, of their commitment to provide the
Community with recycling promotional literature. i am well aware that the
garbage collection process is not the best and I have attached a copy of
the last letter I sent to Waste Management.
• Technical assistance grant — Had a staff meeting on 2127106 at 10AM with Jim
LaRue, involving development of the Capital Improvement section of the
Comprehensive Plan. Staff supplied info in 5-year capital improvements to be
used in the process and the budget.
Other Issues by Dept:
Engineering:
• Traffic signal at N 441 and NE 9 h St (the entrance to the Commerce
Center). Met w/ DOT reps on 3/23 and have since sent crash date
reflecting some 23 crashes at that intersection along with building info
from the park. Have determined that a mast arm is required because 441
is a designated evacuation route. Have been advised that DOT has
conducted the traffic count as part of their work.
• Flooding and storm sewer management — We had a follow up meeting with
SFWMD on April e". Again, the last time we met with SFWMD (3/27/05) the
impetus was on culvert corrections, new home storage development, the County
Storm Sewer master plan, and the Lempkin Creek storage area being proposed
along with OUA area between SW r and 12"' relaying water to the Lempkin
area. Oscar has been meticulously reviewing elevations as same relates to the
water table, still gathering info. You were made aware of the Questionnaire
that will be distributed as part of the County's storm sewer master plan.
Finance:
• India filed for a 6-month extension for the 2004 hurricane reconciliation
and has been granted same. The PW's for Wilma and Francis that need to be
completed have been sent to Donnie for completion.
• Audit — Hoyman, Dobson & Co, sporadically does field work for fly/e 9130105
audit. Hopefully last day of fieldwork is April 26th.
Page 2 of 5
Fire:
• Installed new `Fire Dept sign above bay doors, completed electrical work
in east stairwell, had issue with generator (Station/City Hall) that's been
fixed, secured additional hurricane shutters for Station bldg (vs plywood).
Had 70 calls in March (3-fire; 56-Rescue/EMS; 2 Hazmat; 3 each of
Service calls, "good intent", and False alarms)
• Union: Sent you the latest draft with highlighted areas of dispute and am
waiting on response from Union:
* Art 9, Sec 6, Union wants strictly seniority based call back aft layoff
(Mngmnt disagree)
* Art 10, Sec 1, Union wants City to exhaust issues in Sec 9 of same Art
10, before hiring outside of Dept. (agree)
*Art 11, Sec 2, Union wants emplee on light duty to be paid a higher
hourly rate because he will be limited to 40 hr work week vs a 53 hr work
week, and will realize smaller payck (disagree)
*Art 13, Union wishes to have 'stipends' which have been narrowed to
ex. Inspector-$751mo, Instructor-$75/mo, USAR team-$50/mo. (disagree,
would agree with concept of introducing stipends but only in the event
that all Dept are given an opportunity to develop them)
* Art 14, Sec 1, Union wishes to incr Sick days accrual from 8 hours to
12/month. (disagree) However, a case can be made to incr sick time to
10.5 hrs based on Fire Dept hours of 2756122080 times other employees
of 8 hours a month, less Kelly days variable.
*Art 14, Sec 2/3, Union wants to be able to accrue 500hours leave time
to only be used at retirement to enhance their retirement based on
income averaging. (disagree)
• Directed Chief Smith to proceed with Atty Cook for the development of a
`Magistrate' process to expedite Code (nuisancel compliance issues vs. the
current Code Enforcement process. It would be considerably less cumbersome
with certainly, in my opinion, much more efficiency. I plan to move in that
direction and will bring what's necessary to the City Council for action
General Services:
• Independent Inspectors Building Official, again, Tom Forbes has been
substituting on MWF and sometimes Tue and Thurs along with a separate
building inspector. Edgar Nazario resigned in April and Indep Insp has
been interviewing to get a new BO.
• Street Sweepinq contract — Have been advised from Charlie's Lawn
Service that street sweeping service will increase from $32,708 to $42,
520.40, a 30% incr. effective July 1st. We have been operating under a
7/1/02 Agreement that has been renewed at the same price since. In light
of the above, we are preparing bid specifications for same.
• Larne Future Land Use Map Amendments — As of the 2/27/06, cycle #1 cutoff
date the City reed two proposed developments. The CBC Management Corp (via
Close Construction) mentioned in a previous report has submitted their
application for 37.5 +/- acre east of S. Parrott between SE 81' and SE 13"' Streets
now showing approx 229 Condo and townhouse living units. The second
proposal, from H2O1dings, Palm Beach Gardens, is for the development of 19+/-
Page 3 of 5
acres north of SR 70 East across from the Post Office proposing for an all -
commercial area without detail as to actual use at this date. (Still tentative
scheduling of a 5123106 Planning Board and 811106 City Council consideration).
Police: Statistically last month — 735 calls, 49 arrests, 103 citations, 87 accidents
Have had two officers take Traffic Homicide Investigators class to
investigate fatal crashes. New office computer to track bank robberies,
getting banks up and running on software.
Public Works:
• Street Overlay Project — Finally received a signed contract for Better
Roads and gave them a 'Notice To Proceed' notice on 4/4/06. Called
them on 4/21 asking for est on start date but have none to date.
• We still must address the erosion issue along SW 12 Av with a more permanent
solution than continuing to add fill.
• Baffle Boxes — have yet to complete the O & M Tuidelines (Oscar wkg on)
for the NE 7 Av and 5t' St and NE 6"' Av and 4 St baffle boxes, which
will finish the project and expect to get additional final reimbursement of
$10k.
• Baffle Box that was to be installed on SE 4 h St at the boat launch... received a
letter from DEP advising that the 05-06 General Appropriations Act provides up
to $100,000 for the project. The deadline for completion is 6130107, but we hope
to start that project this summer.
• Sandbagging proiect — investigating preventative sandbagging project wherein
we develop a 'staging area' that our citizens can come to pick up materials to
help prevent home flooding. Perhaps the use of inmates to fill bags as needed
could be accomplished. The idea isn't unique, Tom Forbes discussed how the
Keys effectively utilize temporary measures such as this. Plan to gather
information from Mrs. Kirk and actually notify those parties that had their
houses flooded advising that the service will be available.
Other:
• Chief Smith and Chief Davis will be attending the Hurricane conference
the week of May 8t'. ASAP thereafter we will be having a comprehensive
hurricane preparedness staff meeting. Continue to gathering info for
issues such as satellite phones, what engineering has to be done to
establish the `durability' of our existing buildings, emergency personnel
evacuation, portable tower availability (our fire tower rated at 130mp),
besides our normal planning process.
• Entegra ribbon cutting is scheduled for May 11t' at 10:30AM (RSVP by
May 3a; all legislators and dignitaries have been invited and we will try to
keep you informed.
• In connection with budgeting, which India and I have started to discuss, I
will be trying to gather wage survey information in the coming months.
One issue that has been brought to my attention since arriving here, is the
Page 4of5
10-year `step plan' as it relates to employees that will (have) reach(ed) the
maximum of that plan, working on some resolution of that.
The storage building. SE of City Hall, is in dire need of repair and it was included
in the budget. Continuing to gathering design info to bid and/or piecemeal the
work.
• School Concurrence - Supt. Dr. Pat Cooper appeared at the 317106 meeting and
reviewed what's on the horizon for an Intergovernmental Agreement providing for
adequate school capacity needs consideration with each residential development
project.
• City Council discussed mandating underground electrical installation at the last
meeting. Continue to work on appropriate Council action, but learned that Ft
Pierce is not much further than the feasibility stage. Will confer with them and
keep you posted.
• George Dupont appeared at the Jan 3rd meeting requesting license for mobile
vending `cart'. Lane is waiting on some clarification from Atty Cook.
Page 5 of 5
OF
ti
�v O
m City of Okeechobee
u1915�
Brian Whitehall Office of the City Administrator
April 25, 2006
Jeff Sabin
Waste Management
7700 SE Bridge Road
Hobe Sound FL 33455
RE: Garbage collection
Dear Jeff,
I had a long discussion with a Councilman Chandler today. He wishes to put
Waste Management performance discussion on the May 2"d City Council
Agenda. Although he has received calls about the service, he is not the only
resident to have issues, that have been conveyed to me.
After much discussion, l told him that I would contact you and direct your
attention to the Franchise Agreement provision wherein it's stated:
Garbage accumulated by single family residences shall be collected one (1) time
each week as scheduled by the Contractor... The Contractor shall collect the
garbage, debris, yard and other trash at the street line between the confines of
the side lot of each single family residence.
It has become apparent to me, and the City Council, that Waste has become
lackadaisical in adhering to the Agreement provisions of picking up debris
weekly. While all agree that post hurricane, or other disasters, circumvent strict
adherence to the Agreement, there are numerous examples throughout town, of
simply no service.
The matter has been left off the agenda until such time that you have had an
opportunity to respond to this letter. Thanks for your prompt attention.
Sincerely,
Brian
C: Mayor and City Council
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686
April 25 h, 2006
Mr. Whitehall
City Administrator
55 SE Third Avenue
Okeechobee, FL 34974
Dear Mr. Whitehall,
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We take our commitment to the city and the state serious. The five year plan we discussed with
the city will produce 40 new full time jobs. This time period involved moving our existing 40
employees. In the first year we would be working out any kinks and settling into the new facility.
This will leave us a 12 month period to develop the jobs that are required for the grant. This time
line for 20 jobs is not possible considering it will take a year to build phase two that can facilitate
these employees. We believe that in two years we can ramp up our sales staff and start to put on
certain management to expand onto the rest of the property and phase two. We believe that the
number of new jobs created in 24 months will be 10-12 personnel.
In regards to the cul-de-sac, it has never been a selling point to us. If we can't find a way to
extract full funding through the grant we would not expect this area to be developed. In regards
to Adron Fence purchasing this area, I believe that it was determined that there would be major
re -engineering of this area to sell it because of the drainage that it provides to the north eastern
part of the park, as well as lot 17. If I have misunderstood, Adron Fence will purchase this area
at the established 50k per acre.
Over the past year in pursuit of the sale of this property, we have changed directions a couple of
times. This effort has brought to light some complications and hurdles that both the City and
Adron Fence has addressed. It seems that this grant will resolve these drainage and roadway
issues, and finally "put to bed" these fmal considerations. It would be easy to agree to the
requirements of the grant and dance later to find an excuse for nonperformance. This is not what
we stand for as business people at our company. It is not why the city has chosen us as partners
in this venture.
We will only be able to create 10-12 jobs over the next two years. We are still committed to the
40 jobs in a 5 year time line.
Thank you for your time and commitment.
Travis QjCmbers
C&C Ornamental President / Adron Fence V.P.
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City of Okeechobee
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Brian Whitehall Office of the City Administrator
April 19, 2006
Travis Chambers
Adron Fence Company
2762 NW 4' Street
Okeechobee, FL 34972
RE: Commerce Park Acquisition
Dear Travis,
Since our last conversation, wherein you expressed concern about not being able to fulfill the job
creation requirements associated with a block grant, I have spoken with Nancy Phillips and
derived the following penalties relating thereto:
• Worst case scenario is that a $35,000 per employee fee will be assessed for each
employee less than the twenty.
• The City will incur `penalty points' for the next grant round that the City pursues.
When we met on March 29"', you indicated that job growth of some 40 employees was possible,
but you have later indicated that you meant that that number was probably to be realized over a
longer than two year period. The City, on the other hand, is more energetic about full funding
($700,000) because of the engineering and administrative costs eating up a disproportionate
amount of the grant.
I have not spoken with Holmes about their job growth, with the thought in mind that we can revisit
combining the two firms to meet the minimum threshold for full funding. At the 3/29 meeting they
indicated an expected growth of 10 employees, according to my records.
Rather then speculating, perhaps we should get together again and develop a game plan that you
feel comfortable with. The motion approved by the City Council, in December, was for the sale of
10.31 +/- acres and to add the cul-de-sac area to the sale, all at a cost of $50k/acre.
Let me know how to proceed. Again, we continue to share your enthusiasm!
Since y,
Brian itehall
Admini rator
BW/rb
55 S.E- Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686