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2006-06-06 Regular MeetingCITY OF OKEECHOBEE .JUNE 69 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: June 6, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. i 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. Mayor Kirk called the June 6, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Dawson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Absent Absent (Major Peterson was in attendance) Present Present PAGE 1 of 8 557 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May Council Action for the May 16, 2006 Regular Meeting. 11 16, 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. 558 .TUNE 6, 2006 - REGULAR MEETING - PAGE 2 OF 8 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item F, Exhibit 6 was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 950, regarding Council MemberWilliams moved to read by title only, proposed Ordinance No. 950, regarding Alley Closing Application Alley Closing Application No. 80, submitted by Bradley G. No. 80, submitted by Bradley G. Goodbread; seconded by Council Member Watford. Goodbread - City Attorney (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 950 by title only. Mayor Kirk 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 adopt proposed Ordinance No. 950. 111 Council Member Markham moved to adopt proposed Ordinance No. 950; seconded by Council Member Chandler. b) Public comments and discussion. The Council briefly discussed that Alley Closing Application No. 80 was submitted by Bradley Goodbread as a representative of the property owners, Gabee, Inc., and George A. Goodbread. The purpose of the ordinance is to close the East to West alleyway within Block 18 of the City of Okeechobee as requested in the application. 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. Twenty certified letters were mailed to surrounding property owners within a 600-foot radius. There was no response from the surrounding property owners. Mayor Kirk asked whether there were any questions or comments from the public. There were none. .TUNE 6, 2006 - REGULAR MEETING - PAGE 3 OF 8 559 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2, c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:08 P.M. VII. NEW BUSINESS. A.1. a) Motion to read by title only, and set June 20, 2006 as a final public Council Member Watford moved to read by title only, and set June 20, 2006 as a final public hearing date for proposed hearing date fbr proposed Ordinance No. 951 regarding Rezoning Ordinance No. 951 regarding Rezoning Petition No. 06-009-R, submitted by Muhammad and Shahnaz Nooruddin, Petition No. 06-009-R, submitted by Muhammad and Shahnaz property owners, to rezone Lots 17 and 18 of Block 15, Okeechobee, from H to CHV; seconded by Council Member Nooruddin, property owners, to rezone Lots 17 and 18 of Block 15, Chandler. Okeechobee, from H to CHV - City Planning Consultant (Exhibit 2). 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. 951 by title only. Mayor Kirk read proposed Ordinance No. 951 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 HOLDING (H) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHV)ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 951. Council Member Markham moved to approve the first reading of proposed Ordinance No. 951; seconded by Council Member Williams. b) Discussion. Ordinance No. 951 addresses the request of a Rezoning Petition (No. 06-009-R) submitted by the property owners, Muhammad and Shahnaz Nooruddin. The request is to rezone Lots 17 and 18 of Block 15, City of Okeechobee Subdivision from H to CHV. Mr. and Mrs. Nooruddin also own Lots 15 and 16. The proposed use, according to the application, is to build a physical therapy and fitness center on the Lots 15 and 16, (these are located along the front of North Parrott Avenue). Lots 17 and 18 (located to the East and behind Lots 15 and 16) will be the parking area. JUNE 6, 2W6 - REGULAR MEETING - PAGE 4 OF 8 VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B. Motion to change dates from June 10, 2006 to July 8, 2006 for a Temporary Street Closing submitted by the Okeechobee County Sheriff's Office - City Clerk. Lots 15 and 16 are currently zoned CHV. It is necessary for the parking area to be the same zoning. There is a North to South alleyway separating the front lots (15 and 16) from the back lots (17 and 18). The site plan indicates that the portion of the alleyway between the lots will be paved and landscaped. A Use of Alley Agreement has been executed between the City and property owners. The Planning Board reviewed the application at their May 23, 2006 meeting. The unanimous recommendation is for approval based on the Planning Staff's Findings and Analysis: (1) The Future Land Use is Commercial and the proposed zoning would be consistent with the Comprehensive Plan. (2) This CHV Zoning District allows a variety of uses, including medical offices. (3) The medical office will not have an adverse effect on the public interest. (4) The proposed use and zoning is reasonably compatible with adjacent uses. (5) The zoning will not adversely affect property values. (6) Should it be necessary, uses for this zoning can be buffered. (7) Not applicable for density. Infrastructure improvements may need to be made and can be addressed at the site plan review phase. (8) This will have to be addressed during the site plan review phase of development. (9) The only restrictions placed on the property are those which are set forth within the Comprehensive Plan and the Unified Land Development Code. (10) No special privilege will be granted. Planning Staff Report Conclusions: The proposed zoning, supported by the above comments, is consistent with Commercial Future Land Use. Planning Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. The Council approved a Temporary Street Closing for the Community Annual Safety Event sponsored by the Sheriff's Office to be on June 10, 2006. However, the event date has been changed to July 8. All City Department Heads were contacted and do not have any objections to the date change. Council Member Markham moved to change dates from June 10, 2006 to July 8, 2006 for a Temporary Street Closing submitted by the Okeechobee County Sheriff's Office; seconded by Council Member Watford. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. DUNE 6, 2006 - REGULAR MEETING - PAGE 5 OF 8 5 6 1 VII. NEW BUSINESS CONTINUED. C. Motion to approve an Agreement for Professional Services for Council Member Watford moved to approve an Agreement for Professional Services for Design and Permitting in the Design and Permitting, which was previously awarded to LBFH, Inc. amount of seventy-one thousand, four hundred sixty-five dollars ($71,465.00), to LBFH, Inc. (for the 2005 Federal pertaining to the Commerce Center - City Administrator (Exhibit 3). Fiscal Year, Community Development Block Grant [CDBG] on Economic Development, Grant No. 06-DB-3K-07-57-02- E10, Infrastructure to the City Commerce Center); seconded by Council Member Williams. The ranking of the engineers was approved at the April 18, 2006 meeting, with LBFH being ranked as number one. This contract was then negotiated between the Administrator and LBFH representatives. The project consists of grading, paving, installing drainage systems, water and wastewater connections for extension of Northeast 12th Street from the intersection of Northeast 9th Avenue to Lot 5, City Commerce Center. Council Member Watford noted the section of the contract "Ownership of Documents." All documents including drawing, (etc.) prepared by LBFH remains their property. This is standard engineer contract language. However that has always bothered him since the City pays for the drawings and documents, the City should be the one to retain them. Mr. Jim Orth, of LBFH, responded that was correct, that is "standard agreement language." However, LBFH is willing to share all copies of the documents, hard copy and electronic format. He would also ask upper management whether they would consider taking that out of the final agreement. Mayor Kirk stated his agreement with Council Member Watford and that the City should have a copy of all the documents and plans. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Presentation of Main Street Quarterly Update - Maureen Burroughs, Okeechobee Main Street President, Maureen Burroughs, reviewed the 2"d Quarterly Update with the Council covering President (Exhibit 4). from October 1, 2005 to March 31, 2006. What have we done? Attended the State Conference in February. Submittal of additional grants to assist with the CRA district as it relates to the TIF. Obtained a $6,000.00 grant to develop a site plan outlining a park area where teen town and the election office currently resides. Completed the 4th Annual FBA BBQ Contest, this was their biggest and best to date. Developed and implemented the "Plant A Tree Program." The first tree was planted in Park 3 on Arbor Day. Active participant in the Okeechobee Visioning Program sponsored by FREDI. Economic Restructuring Committee developed a LPA merchant survey to be used in determining types of businesses needed in the downtown area. Received a grant from the State for the Top of the Lake Art Fest in the amount of $7,256.00. The Art Fest will be conducted in the first quarter of 2007 in coordination with the schools. Sponsored the sale of honey baked hams at Easter for the community. The sale allowed the community to order and pick up hams locally. Membership grew by four new members and three new businesses. 562 DUNE 6, 2006 - REGULAR MEETING - PAGE 6 OF 8 VII. NEW BUSINESS CONTINUED. D. Presentation of Main Street Quarterly Update continued. E. Motion to approve an Employment Agreement for the City Administrator position - Mayor Kirk (Exhibit 5). r ITEM ADDED TO AGENDA: F. Commerce Park Wetland Monitoring proposals - City Administrator (Exhibit 6). What's Next? Developing project plans for several community events: Halloween Celebration, Jimmy Osceola Day. Seminole Indian Pow Wow. Additional mural projects for the downtown area, the next mural has been approved for the Jeff Robinson electric building sponsored by the Historical Society. Purchase trash receptacles for the downtown area. Draft proposal presentation of a historic preservation ordinance for both City and County. Hire a consultant to complete site plan for teen town area. Work with FDOT to formulate a draft plan for an entrance sign to Okeechobee beginning at the East -end of the City. October 2005 - March 2006 Financial Statements were also attached with Exhibit Four. Mayor Kirk stated his appreciation for the quarterly updates. There was no official action taken on this item. Council Member Markham moved to approve an Employment Contract between the City and Brian Whitehall, for the City Administrator position; seconded by Council Member Williams. Mr. Whitehall's initial one-year employment contract expired May 31, 2006. He received an excellent job evaluation by the Mayor and Council at the February 21, 2006 meeting. Proposed changes were: Paragraph 1. B, the term of this contract is for two years. Paragraph 2. D. Termination for cause changed from 3/5 vote to 4/5 vote and the last paragraph was deleted. Paragraph 2. F. Updated his annual salary to the current Step Pay Plan, the salary is not set, other than it is noted as the salary as of the effective date of the contract, the administrator is entitled to annual salary increases through the step pay plan as other employees. Paragraph 4. Termination and Severance language was changed from two -month to a six-month severance package. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. The City received proposals for environmental services and monitoring reporting for the Commerce Center wetlands in order to comply with South Florida Water Management District (SFWMD) regulations. Two proposals were received from Asmussen Engineering (of Okeechobee) and Craig A. Smith and Associates (of Wellington). Administrator Whitehall requested the matter be added to the agenda in order for Council to consider awarding the contract, to the lesser of the two proposals, CAS, in the amount of twenty-three thousand dollars ($23,000.00). The environmental services and wetland monitoring reporting came to light following a meeting between City Staff, SFWMD and Robert Meyers of Olde Tyme Construction. Mr. Meyers is awaiting SFWMD permitting in order to start construction of his project on Lots 4 and 5 of the Commerce Center, and it is dependent on the City monitoring reports being completed. DUNE 6, 2006 - REGULAR MEETING - PAGE 7 OF $ 563 VII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: F. Commerce Park Wetland Monitoring This issue of additional incomplete work at the Commerce Center comes on the heels of the City also learning that proposals continued. the retention lakes were incomplete. This sparked much discussion regarding CAS's previous performance and communication issues as the Commerce Center project engineer. The Mayor, Council Members Markham and Watford made it perfectly clear to Mr. Orlando Rubio, CAS Supervising Engineer, that the City could not afford to continue to be surprised by incomplete work at the Commerce Center. Throughout the project the Council had been led to believe, by CAS, that it was moving toward successful completion, but have recently been surprised by what has been left undone. The Council requested that the City be notified of any other issues or incomplete work that CAS is aware of. Council Member Watford elaborated that the issues have created an embarrassment to the City, property has not been able to be sold without clouding the negotiations with potential businesses wishing to locate there and current property owner projects have been held up from construction. Council Member Markham asked whether this proposal would finish the infrastructure needs? The Administrator answer that he expected additional fees associated with surveying, and engineering with lake construction and close out. Although, he elaborated that the City is taking the initiative to use its own labor and equipment to do the wetland maintenance and lake construction, in a cost savings initiative. Mr. Rubio echoed Administrator Whitehall's comment that the City apparently exhausted grant funds a few years ago, prior to completion and that CAS would do a better job communicating the Commerce Center's construction progress. Council Member Watford moved that the City enter into an agreement with CAS for wetland monitoring stormwater certification for the Commerce Center, total project cost of twenty-three thousand dollars ($23,000.00); seconded by Council Member Williams. This monitoring contract is for five years. Once the five years are completed and the City is able to meet the goals, there should not be cause for continued monitoring reporting. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 564 JUNE 6, 2006 - REGULAR MEETING - PAGE 8 OF 8 Vlll. 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. ATTLST:. . • f •. f � t Lan4 Gamiotea CMC, Cit Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:48 P.M. The next regularly scheduled meeting is June 20, 2006. AFFIDAVIT O&BLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee CITY COUNCIL REGULAR Times, a newspaper published week) at Okeechobee in Okeechobee, p y MEETING NOTICE NOTICE Is HEREBY GIVEN that the Florida: City Council of City of Okeechobee will meet in Regular Session on Tuesday, June 6, 2006, 6:00 p.m., at City Hall, 55 SE 3rd Ave., Rtn ththat the attached copy of advertisement, at vite Okeechobee, Florida The public in - and encouraged to attend For a copy of being a Notice of City Council Meeting PO #013071 the -337��1t tcityAdministm"°nat(863> 2. in the matter of City of Okeechobee PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- City of Okeechobee peal any decision made by the City Council 55 SE Third Avenue with respect to my matter considered at this meeting, such interested person will need a Okeechobee, FL 34974-2932 -- record of the proceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made; which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's In the Court, Office. - In accordance with the Americans with was published in said newspaper in the issues of 06I0I IZOO6 Disabilities Act (ADA) and Florida Statute286.26, persons with disabilities needing spe- cial accommodation in participate in this pro- ceeding should contact Lane Gamiotea, no later thin two (2) working -days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800- Affiant further says that the said Okeechobee Times is a newspaper 222-3448 (voice) or 1-888-447-5620 (TM. by: James E. Mrk, Mayor published at Okeechobee, in said Okeechobee County, Florida, and PUBLISH O" olrlte�a,cMC city clerk that said newspaper has heretofore been continuously published in OKEECHOBEE TIMES ----------------------------------------------------- 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. Aughes, Jr., (Publisher) 1 Sworn to and subscribed before me this f +I day of A.D. 2006 1.�USea lee A. Brennan (SEAL) Notary Public ypU' , ` Commission #DD318483 °= Expires: Jur, 25, 200 Bonded Thr'+-' A lar.t1: 'Ilond'ng Co Page -1- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - June 6, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, June 6, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor James Dawson First United Methodist Church; 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 X Major attended X X X IV. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the May 16, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. 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. Add New Business Item F, exhibit 6 to the commerce center wet lands monitoring VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A. 1. a) Council Member Williams moved to read by title only, proposed Ordinance No. 950, regarding Alley Clsoign Application No. 80, submitted by Bradley G. Goodbread - City Attorney (Exhibit 1); seconded by Council Member Watford. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X • • L. WILLIAMS X MOTION: CARRIED. Page -2- c) Mayor Kirk 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 OFOKEECHOBEE, AS RECORDED INPLA TBOOK5, PAGE5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITYCLERK 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." 3. a) Council Member Markham moved to adopt proposed Ordinance No. 950; seconded by Council Member Chandler. b) Public comments and 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. Mayor Kirk asked whether there were any questions or comments from the public. There were none. Markham, off 441, other owners signed off consent, keeping the North to South alley open. 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 6:08 P.M. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only, and set June 20, 2006 as a final public hearing date for proposed Ordinance No. 951 regarding Rezoning Petition No. 06-009-R, submitted by Muhammad and Shahnaz Nooruddin, property owners, to rezone Lots 17 and 18 of Block 15, Okeechobee, from H to CHV - City Planning Consultant (Exhibit 2); seconded by Council Member Chandler. 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) Mayor Kirk read proposed Ordinance No. 951 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 HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.,, Page -3- 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 951; seconded by Council Member Williams. b) Discussion. Ordinance No. 951 addresses the request of a Rezoning Petition (No. 06-009-R) submitted by the property owners, Muhammad and Shahnaz Nooruddin. The request is to rezoning Lots 17 and 18 of Block 15, City fo Okeechobee Subdivision from H to CHV. They are also the property owners of Lots 15 and 16 of the same block. The proposed use, according to the application is to build a physical therapy center with a fitness center on lots 15 and 16, that front North Parrott Avenue. Lots 17 and 18 are needing the rezoning in order to have the same zoning for the parking area of the development. There is also a North to South alleyway separating the front lots from the back lots. A Use of Alley Agreement has been executed between the City and owners. The Planning Board reviewed the request at their May 23, 2006 meeting are unanimously recommended approval based on the Planning Staff's Findings and Analysis: (1) The Future Land Use is Commercial and the proposed zoning would be consistent with the Comprehensive Plan. (2) This CHV Zoning District allows a variety of uses, including medical offices. (3) The medical office will not have an adverse effect on the public interest. (4) The proposed use and zoning is reasonably compatible with adjacent uses. (5) The zoning will not adversely affect property values. (6) Should it be necessary, uses for this zoning can be buffered. (7) Not applicable for density. Infrastructure improvements may need to be made and can be addressed at the site plan review phase. (8) This will have to be addressed during the site plan review phase of development. (9) The only restrictions placed on the property are those which are set forth within the Comprehensive Plan and the Unified Land Development Code. (10) No special privilege will be granted. Planning Staff Report Conclusions: The proposed zoning, supported by the above comments, is consistent with Commercial Future Land Use. Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial (CHV). c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B. Council Member Markham moved to change dates from June 10, 2006 to July 8, 2006 for a Temporary Street Closing submitted by the Okeechobee County Sheriff's Office - City Clerk; seconded by Council Member Watford. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Council Member Watford moved to approve an Agreement for Professional Services for Design and Permitting in the amount of seventy-one thousand, four hundred sixty-five dollars ($71,465.00), to LBFH, Inc. pertaining to the Commerce Center (for the 2005 Federal Fiscal Year, Community Development Block Grant (CDBG) on Economic Development, Grant No. 06-DB-3K-07-57-02-E10, Infrastructure to the City Commerce Center) City Administrator (Exhibit 3); seconded by Council Member Williams. The ranking of the engineers was approved at the April 18, 2006 meeting. Watford, standard thing that all documents are retained by LBFH think since we pay for them we should own them. Jim Orth, LBFH, standard agreement but willing to share all copies of the documents hard and electronic Page -4- form, willing to do that for you. Kirk agree that we should have a copy of all the documents. Watford know tha tis a standard clause but it has always bothered me. Jim I'll ask upper management if it can be taken out of the final agreement. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Presentation of Main Street Quarterly Update - Maureen Burroughs, President (Exhibit 4). OKMS, 2"d Quarter Update, June 2, 2006 What have we done? Attendign state conference in Feb 06. Sumittal of additional gratns to assest with the CRA district as it relates to the TIF. Obtained $6000.00 grant to develop a site plan outlinging a park area where teen town and the election office currently resides. Completed the 41h annual FBA BBW contest, biggest and best to date. Developed and impleted the plant a tree program. First treet was planted in park 3 on arbor day. Active paritcipant in the okee vision program spponsored by FREDI. Economic restructuring committee developed a LPA merchant survey t o be sued in determining types of businesses neeeded in downtown area. Received a grant from the state for thet top fo the lake art fest in the amount of $7,256.00 Art Fest will be conducted in first quarter of 2007. Sponsored the sale of honey baked hams at easter for the community. The sale allowed the community to order and pick up hams locally. Mermbmer news 4 new members and 3 new businesses. Whats Next? Developing a project plans for several community events hallowwn celebration, Jimmy Osceola Day. Siminole Indian Pow Wow. Additional mural project for the downtown area, jeff robertson electric building sponsored by the Historial Society. Purchase trash receptables for the dowtown area. Draft proposal presentation fo a historic preserrvaion ordinance for both city and county. Hire consultatnt to complete site plan for teen town area. Work with FDOT to formulate draft plan for entrace sign to Okeechobee beginning on East end of city. Occtober 2005 - March 2006 financial statements. Kirk, thank you for these quarterly updates, much appreciated. Watford, keep in mind, long way off, keep what design to open that area between 70 West to the court house to tie in the court house into the park area. Maroon - yes. Watford final report for vision has been completed, assume we'll be officially presented with that report. Terry, Sonny is on vacation when he gets back we'll be putting together something for the city and county. E. Council Member Markham moved to approve an Employment Contract between the City and Bridan Whitehall, for the City Administrator position - Mayor Kirk (Exhibit 5); seconded by Council Member Williams. Watford, clarification page 3 f that is the current compensation. The 415 vote for termination, understand his concerns for the change, don't have a problem in this instance VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: F. Commerce Park Wetland Monitoring and maintenance storm water certification SFWMD permit #47-00638-P. Page -5- Monitoring only portion on the contract. $23,000.00 Maintenance by city employees. CAS has been there since inseption of the park, they are going to sub contract 99% of this anyway to Assusim, they would bring their expertise to the project. Markham, this is the lakes? Brian no wetlands only. Wetlands have to be monitored and reports complied and sent to SFWMD. Werent' we behind in some of those reports by the same company? Yes. Will they be bringing those up to speed? Yes, they will be bringing us into compliance w/ SFWMD. When they do draws will we be holding a retainage? Brian, no retainage is built in but that is the norm. Orlando, once SFWMD approves the report thats when you can start invoicing for every task that has been completed. Will not be receiving an invoice until SFWMD is satisfieied with the reports. Total costs for 5 years of monitorign tape 1 side b after 5 years is that the extend, if you meet the goals during the five years then you don't' have to report to them any more but maintenance will be on going. Markham, doing what brinign monitoring, base line, while we're in there doing the lakes we're going to do the wetlands as well. The baseline report will tell us how much we have to monitor and know more of what is going to be needed. Markham are we going to have to hire another engineer to tell donnie what we can and cannot do for maintaining the wetlands. We have not worked that out with them. Time and material for lake and additional engineering there for our employees boundary where the lakes, slope, is this all enclusive to bring us up to date? No, but this is what will put us in compliance with SFWMD in order to get robert meyers his permit to get his building going. Weather will also come into play to. Markham, we thought the other contract handled this now were fixing to pay for it again, another 23 then is there going to be another contract, appreciate puttin gunder a magnifiying glass, my understanding is engineering ran out of money, couldn't do the lakes, nor the wetland monitoring. Why wasnt' the monitoring in that contract that was suppose to be all inclusive? Wetlands tha twere designed and never put in and the same with the lakes. Lakes were designed but not enought money in the grants for the parks to get those constructed, we kept switching things around and were told we're on budget and then at the end we didnt' finish the project and told the money ran out. Don't want that to happen again. Don't mind paying for it but want what we pay for. Kirk we've asked questions like can you do this for that amount and we were always told oh yea and that never materialized. Don't think we understood the full amounts of the lakes don't know if we still do, don't know whose error it was. Markham right and we don't want that to happen again. Brian, for the news and public, don't think correct to say that we paid for everything twice. We have not approached the monitoring. The lakes were only started and not completed. Spoke with CAS & Nancy and didn't have the funding to complete them physically. Don't think matter of doing it twice, just mis communications. Council Member Watford move that we enter into an agreement with CAS for wetland monitoring stormwater certification for the comm center for total project cost of $23,000 00• seconded by Council Member Williams. Watford, markham expressed our frustration adaquately, liken it to what I know, selling someone a car, hand them the keys, they ask hows the a/c work and you tell them for an extra $500 we'll show you, another $20.00 we'll show you where the spare tire it. We assumed when CAS said here's the project and its done we thought it was done and that was not the case. Know several things we did to make the budget smaller. Things we knew. I am disappointed that we were not told, here is your park and here's what you need to do to keep your park going with whomever, disappointed we were told that, communicate to CAS there no more of these and if ther eare, please tell us now. Sell other property and find out more issues to resolved. More items that we failed to do they out of the goodness of their heart tell us what those are. Appreciate them splitting this up and taking care of this quickly and get our other tenant. Orlando we'll keep city in the loop. Kirk, you put that very well, tell us well in advance don't wait until we start negotiating with owners and then tell us that we need to still fix somthing we got surprised with that. We need to know when we're moving in a direction. VIII. MAYOR KIRK ADJOURNED THE MEETING AT 6:48 P.M. CITY OF OKEECHOBEE JUNE 6, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 I. CALL TO ORDER - Mayor: • II. OPENING CEREMONIES: June 6, 2006, City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor James Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings is Fire 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 May 16, 2006 Regular Meeting. .TUNE 6, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 950, regarding Alley Closing Application No. 80, submitted by Bradley G. Goodbread (Exhibit 1). • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 950 by titre only. 2.a) Motion to adopt proposed Ordinance No. 950. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. • A.1.a) Motion to read by titre only and set June 20, 2006 as a final public hearing date for proposed Ordinance No. 951 regarding, Rezoning Petition No. 06-009-R, submitted by Muhammad and Shahnaz Nooruddin, property owners, to rezone Lots 17 and 18 of Block 15, Okeechobee, from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District - City Planning Consultant (Exhibit 2). b) Motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 951 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 951. b) Discussion. 0 JUNE 6, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. A.2.c) Vote on motion. B. Motion to change dates from June 10, 2006 to July 8, 2006 for a Temporary Street Closing submitted by the Okeechobee County Sheriffs Office - City Clerk. C. Motion to approve an Agreement for Professional Services for Design and Permitting, which was previously awarded to LBFH, Inc., pertaining to the Commerce Center - City Administrator (Exhibit 3). D. Presentation of Main Street Quarterly Update - Maureen Burroughs, President (Exhibit 4). E. Motion to approve Employment Agreement for the City Administrator - Mayor Kirk (Exhibit 5). Vill. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. AFFIDAVIT O UBLISHER OKEECHOM TIMES 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013071 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 06/01/2006 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 day of� +J A.D. 2006 (SEAL) Notary Public ',,;asealee ti• Brennan YpU COn7n11SSlon #DD318483 Expireondui) 2009 edTtu N a ondin g Co., Inc. CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of City of Okeechobee will met in Regular Session on Tuesday, June 6, 2006, 6:00 pm., at City Hall, 55 SE 3rd Ave., Rm. 200, Okeechobee, Florida The public is in- vited and encouraged to attend For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to my matter considered at this meeting, such interested person will need a record of the proceedings, and for such pur- pou may need to ensure a verbatim record of the proceedings is made; which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accommodation to participate In this pmo ceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 z 214; if you are hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PUBLISH 06/01/2006 OKEECHOBEE TIMES • EXHIBIT 1 J[mE 6, 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 61" 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 CITY OF OKEECtSEE STREET OR ALLEY CLOSING APPLICATION Print name: rnnt name: The foregoing instrument was acknowledged before me this �3� -Yda4 DT #aO by date) J�r d I ea 6. and , who i ersonall novm or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. MEMUL Notary Public, Commission No�bb D 5%7 air CWOMMISSION of DD p(PIRE3:much 7,2= (signature eom.an.�.rww�ud..w«. (Name of Notary typed, printed or stamped) Page, I Goodbread o�rge �- . Goodbread Ranches G4 Land & Cattle Co Gagbee, Inc Goodbread of Florida 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, 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 MELJSA M. EDDINGS MY COMMISSION # DD 403572 { WJRE_S March 7 2009 y?, �,y ' eonded�f.uNot 4b�C!Jqftwrners Paac/a, GAGBEE;q ine 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 Wa Regards, Bradley G. Goodbread, Vice President AM MELISA M. EDDWS MY COMMISSION # DO 403572 EXPIRES: March 7, 2009 I 8=WrnN rbmr R"0jWW ft= III kscp-'p, Bit o 492 P11 0816 \�R FILED OR OUNCORDA OKEECROPEC D.r-Almma ix 38�26� U3dAN-8 3:01 at Law &"Dean •i0'���O1d skaat SHAROH ROBERTSOH CLERK OF CIRCUIT COURT FL 34973 Foe Pmcal Ion No, 3-1537-35-0010-00100-0010 Space Above This Line For Recorcng Oa1•I Warranty Deed (STA7VfORY FORM -SECTION 60.02, F.S.) ' Mis Indenture �dejtis IM ft of December, 2t102 Between JOHN BURKE, a ma whose post of0ce address is Box 251. VAnstoo, a�A 3M07 of Ore County of Douglas of 5 . . and OAOBEE: INC, a FbrUZl�.n whose postotfice address is 12M Hwy 70 E. Okeechobee. M U972 dtlxsCaxNyofOkasehI_ Wib3endb Otat said git In cork erabon of ere sum of TEN AHD NWOO DOLLARS ($10.00) ad Owe, good and vakrablagra tm n hard paid by said grantee. Ore receipt whereof is hereby aclmooledged, has grantsold Iothe said graWee, and grantee's hdns and asaipns lore .One fWknuN Aesaned lad.�tiL�kr9 it Olieie0o0ee County Floilda. to-wT EATS 1 THROUGH 7, INCLUSIVE. i S 20 THROUGH 26. INCLUSIVE ALL N BLOCK 10. TMM OF OKEECH0BEE. ACCORDNG TO THE EOF RECORDED N PLAT BOOK 2. PAGE 17. PUBLIC RECbRDS OF ST. LUCIE COUNTY, SAID PLAT BEING RECORDED N PLAT BOOK 1. PAGE 10 AND PLAT BOOK 5, PAGE 5. PUBLIC OF OKEECHOBEE COUNTY. F MIMA. Subject to reshidions, reservations and easemeids of recud. d any. and said gm ew does hereby filly wsamd the Ills m said lad. and vA dderd the same apakrct tarred CWM Of as persons wlwmsaeoar. •-cra.or.w�-ae.aee br�anarhra.PanE,s od0e,a r.a� In Witnev WMereof. grantor has hereunto sd graraor's had and seal Ow day and year lest abovewrifWL Signed, sealed and defarered in our presence: IN" '�__• State oft_ C2. lY ComrYd� 2C' Tie foregoing i¢slrmrrad was aduowlcdgcd before me this day of Decanter, 20M by JOHN BURKE, wlro M a pasonany known or U Iran wpdured m idealfwatioa • Ps4!ic /� ;Nosy Sed) P W Printed NBOW %YA,i j, XMy Commission Eve— / 0 - a-06 GEORGIA E OCt xa. i Damm-daySWW5 paid intheame Ono of s V. o0 C hftnol k rant paid in the ataamt %_; Raewmt.—clad CuedCast OkwdwbeeCosngt Raids lJy_/1.v1 Ii se . D.C. Dalft 1-8-.2003 PWIc 0 IMANIN10111 Prepared by and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 `File No.: 1531 Parcel Identification No. 3-15-37-35-0010-00180-0010 FILE HUM 2004003537 OR BK 00524 PG 1675 SHARON ROBERTSONt CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL RECORDED 03/01/2004 11:37:35 AM RECORDING FEES 6.00 DEED DOC 525.00 RECORDED BY G heubourn Above This Line For Recording Datal 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. Signed, sealed and delivered in our i ca 4,1� . ROGEL O FLORES MARGA ITA L RES 2nd W State of Florida County of Okeechobee The foregoing instrument was acknowledged before me is Ist day of ar , 2004 by ROGELIO FLORES and MARGARITA FLORES, who Lj are personally known or [have produced as identification. [Notary Seal] ST84LW K DUPREE otary blic MY COMMISSION i DD 186Q38 EXPIRES: 20.2oD7 Printed Name: My Commission Expires: ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We own the following property: I04 hkl,�' and with my/our signature below, I/we consent to the closing of the alley and or street described below:���-t-"� IT6"ok Witness: ; "Print Name: --Z Print Nam ,s rui -ice � g 2�J Witness: Print Name: tct� Print N m �6 STATE OFlL �.�`�� COUNTY OF R0 1—Y'e- Sworn to (or affirmed) and subscribed before me this $ day of �0iQ-LL0 N , 200 , by (Seal) 6"....... Robe ion DD3595 8 2p _-, _Commis r�095 2008 DEC. Bonded Thru AL] --tic Bonding Co., Inc. rnu� Personally Known OR Produced Identification Type of Identification Produced-Ot"02A� Notary Signa e _ Print Name: O 9-�o �J R -'Co n�nnnns FILE NUM 2005005842 • OR BK 00557 PG 0603 UM OF CIRCUIT aXW TC01 THIS D&7RUbW4T PREPARED BY AND RETURN TO: O CIDBE TTe, R£CORM y3/23/2005 12323205 PH 0 Elite Title, Inc. pKf.a WC61,05/.100 721 Sotdh PeQOK Atronue RE21ROE0 BY 6 Uaaboura hobee, F 6 34974 � Apprahers Pa¢ei IdemiSation (Folio) Nmnbers: � ,� Space Above lbls Lim FMRxmdkg Deb THOUWARRANTY DEED, made the 17tb dry ofMorch 3Bd3 by Larry E Riebwdm nd LIods L Rkbmdaw, LisNSS ffice address is IMF .W 11tLSL , Ob cboWr FL 3073 baem Called the lye, Laab®d smd wfk wbmc post eliitm address is CaL Lim Lane, O►mebo6m, FL 3W4, bete�-TN eoleea: and '�n.enr-aeGde o11 d-Pvdo to Wa 6-0 a and dr � kg&.drba xraars—d—igv9f—porr>awwl w Ie gantotsforand in cwsidaatioo ofthe s® ofTEN ANDOOMOWS (SIO.00)Dollars and other vhbicreceipt whereof is hereby admowledged, hereby grans, bargains, setts, elima, rim -% rdeBBm, conveonto the gamee all that certem hard mmsoe m OKEECHOBEE County, Stare of Flmida, LOPS 17, IS, .73! M L, Od 32CHOR , ACCORDBYG TO THE PLAT THEREOF BF.CORDED IN M.A �"{Y��� S, PAGE % PUBLJC B6COBD9 OF O� COUNTY, PLOR M6 �1«t to . rmte�aa and saaesratloar drsaemd sad barer br Heyaar 300/ sad der. TOGETHER, with an the temmaus, sad apPm nxwm dmr m belonging or in aaywist eppenainin& `i^ TO HAVE A[4D TO ,�� �-�,,,,y HOLDS the same irv�Ef}mpie finevc. AND, the granters bareby covenant wilt'sa�rY�%m that the gantors are law&Ity seined of said land is See shople; this Me gadors have good tight and lawfd amhonlyy to seat and convey said had, and beraby warrant the Cale m said Isod and will dofnnd the some against the lawful cla®a of an persons whomsoever, and that said land is five of aO eecmmaocm, except tuts oc raing subsequent to Doamber31, 2004. IN wn7gr 5 WHEREOF, the said gamins nave sigmd and maid them p tooth the day and yaw fi=above wrtCm Signed, scaW and delivered m the pmseoc¢ of �Af as4t�r�J! h� �in1� 1RANNY WATF(HLD-1tHtTM �TflSii�YT, , SPATE OF FUMIDA COUNTY OF OEEECHOBER The foregoing iosuummR was solmowledgrxl before me this 17th day of March, 2005 by Lazly E Ridandson -d Linda L—Richmdson wbo me personally Imown to me or he. proceedyZefS /yl as n. F""W WATIORO4aRON t"IN)1tM . stob A Fudge COMIL ra ao0� Rum My Communion Expires: File No: t saw t a •�+s bra r pw/-F Page 2 Authorized Signature Typed Name & Title Phone No. Date prized Si nature Typed Name & Title Phone No. Date �d A orized Signa ure Typed Name & Title Phone No. D to For Cig of Okeechobee & First Addition to City of Okeechobee Subdivisions: T��. !Q/4M2%G/� %2C4T% M/4ti L�i4iM i4 OG!t 7-i4/L i N'�2.wT i nr Tff -A�ru► je 14,j d /-/ 6' L°K/�/,e�?ff 7�,t Y63 7633/5-�I //-V-oil Authorized Signat Typed Name & Title Phone No. Date Sprit March 29, 2006 • John A. Hopkins 555 Lake Border Dr. FLAPKA0305-3006 Apopka, FL 32703-5815 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, Florida 34972 Dear Mr. Goodbread: 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, John Hopkins Real Estate Manager 407-889-1627 PG'qeaa Page 3 Authorized Signature Date Signature Il—de RDbatsrn lic W= D =tar Clicar F2=1 . Nty Fm!nF*.- Typed Name & Title Typed Name & Title Date Dxrw Davis, Chief of Fbliae Typed Name & Title FIRE . DEPARTMENT 3 kA2e % rL IJG rized Signature Date fpsb Rdth, Fire Chef Typed Name & Title Brian MitdMI1. &bmnichratnr Typed Name & Title APPLICATION APPROVED BY: C6,4,6- 6, � 06 LANE GAMITOE , CITY CLERK DA E RLy,,3 Revised 413103-LG • 0 Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: April 13, 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. pny *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 PLEA copy of advertisement, being a on u., �- / -3 7 _3 in the matter of n y 0}t� Lt (Ltfi Ut r X t� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of PUBLIC NOTICE CONS DERATION OF A CITY "NA CE ADOPTING TAKE NOTICE that the C'dy Council of fine City of Okeechobee' iesday, June 6, 2DO6 at 6:00 p..o �Btar�eHerrpo Florida��d m 55 co sid Ave.. Okeechobee, Rt0uct a � e a LW pAZL to consider final reelinngg m the Au INA S D CLOSING, VACATING AND THE A] S AS DESCRIBED HEREIN, WRHIN BLOCK 16, CITY OF OKEECHOBEE ORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHO N7Y FIDRIDA; AND DIRECTING THE CRY CLERK TO RECORD THE 0 CE IN THE PUBLIC RECORDS OF 7K CLERK OF THE CIRCUIT COUF IFOR OKEECHOBEE COUNTY FLORIDA; PROVIDING FOR AN EFFEC E. ale in said he tubers of the public are encouraged to Mend and membars id the aoPosed Ordinance may be inspected in its arltifel)f by tie nHnro of the Ctv Clerk during regular business hours, Mon lam-4:30pm, exceptfor tMays.IN =ASE TAAKKEE NOTICE AND BE ADVISED that K a person madiedesirestoe"ad at g iecision made by the City Council wdh respect any nearing, such interested person VAI need a record of the proceedings, and I such purpose may need to ensure a verbatim records of t he 9 illshe Is I rAdenci m which record includes the tesbMrry and purpose W backup for o records based. City Clerk tapes are for the sole purpose Doff bbaacc the Clerk accordance with the Americans with Disability Act and Florida StaW A IADADAAadon to paaSP� 286.26, persons with disabilities needing special this proceedior to the ng should comact Lane Gami tea no later tern t 15- if 118arkV Or ice woridnii d at B63-763 TDD1-B 222.3448gvace or-888-44-3372 7-5620(fT'0. ane Gamiotea, CIVIC, Cl CLERK 37318 ON 5126106 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 pi blicajtion in the said newspaper. Sworn/to art subscri*dbefore me this day of / A.D. 206 1 I l 1i.: Notary Public, State of Florida at Large U U EXHIBIT 2 • JUNE 6, 2006 ORDINANCE NO. 951 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 HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner(s) Muhammad and Shahnaz Nooruddin, of the property more particularly described hereafter, has heretofore filed Petition No. 06-009-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.327 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Office for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 17 AND 18, BLOCK 15, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 6th day of June, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 20 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 r� City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fag: (863) 763-1686 Date: d�f D� Petition No. �� Fee Paid: +�O , 00 Jurisdiction: 1st Hearing: 5 ag oco 2nd Hearing: jp1 w 0 Publication Dates: Notices Mailed: Uniform Land Use Application Rezone • S ecial Exce tion - Variance ✓ Name of property owner(s): M u lfft nif n h) hw i> L1\00k,a.b P /AJ A._.. Owner mailing address: % ��- �lC% ( CCr'��r�fG P.- Name of applicant(s) if other than owner (state relationship): C� L Applicant mailing address: C. Name of contact person (state relationship): �(}� f� / 1'� tj) 47A 4 00l)D l A) T Contact person daytime hone(s): Fax: ✓ Property address / directions to property: Indicate current use of property: - ` ' v C Ur Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Vli2.— Approximate number of acres: ; 3�i Is property in a platted subdivision?0 Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: l - Z— R O i:; Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P : nature and applicant's name: AJa E; R Is a sale subject to this application being granted? Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: &• Describe adjoining land uses / improvements to the North: South: 6 �Q . l et1�LYYL. East: %l West: G'ti.Lt L 1 Existing zoning: Future Land Use classification: Actions Requested: (_) Rezone (_� Special Exception (_� Variance Parcel Identification Number: Uniform Land Use Application (rev. 1/03) Page I of 2 Describe the Special Exception sought: E Provide specific LDR ordinance on: Are there other similar uses in the area? Is!so, describe: X J A E Why would granting your request be in the best interest of the area and residents? P =, 7T' .I O N If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted oupdeofabuilding: ftj� 411 cilk Uniform Land Use Application (rev. 1/03) Page 2 of 2 �Z • ;: � - .. CoMy. Flad&6 dwoniod as Lob 15,16,17 &A 2% Blo* 15, OKSECHOMM& socordfog to ffie ph t *Aaaof raw" in PJa Book 5. Pw 5, Pubric dObwebobee Conow, FimidL D_SearchKesutts Page I of 'L STV -T TIW90' OWIJEP--� DEY Okeechobee County Property Appraiser 2006 Proposed Values Last Updated: 4/10/2006 Retrieve Tax Record Property Card Interactive GIS Map , Parcel ID: 3-15-37-35-0010-00150-0170 Print Owner & Property Info Owner's Name NOORUDDIN MUHAMMAD S & SHAHNAZ Site Address 0 , Okeechobee Mailing Address 1065 SE 23RD STREET OKEECHOBEE, FL 34974 Brief Legal CITY OF OKEECHOBEE LOTS 17 & 18 BLOCK 15 Total Land Area 0.327 ACRES Neighborhood 114658.00 Tax District 50 UD Codes I Market Area 40 DOR Use Code IVACANT COM (001000) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information_ Property & Assessment Values Mkt Land Value cnt: (1) $13,080.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $13,080.00 Sales History << Prev Search Result: 9 of 9 PIP Just Value $13,080.00 Class Value $0.00 Assessed $7,647.00 Value Exempt Value $0.00 Total Taxable $7,647.00 Value Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 5/19/2003 501/1836 WD V U 02 $0.00 12/7/1979 232/287 WD V U 03 $0.00 12/1/1979 232/61 WD V Q $8,000.00 Building Characteristics Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value NONE Extra Features & Out Buildings Code I Desc Year Bit Value I Units I Dims Condition (% Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lind Value 961CAC NON/CONFG (MKT) 327 AC 1.00/1.00/1.00/1.00 $40,000.00 $13,080.00 Okeechobee County Property Appraiser Last Updated: 4/10/2006 http://okeechobeepa.com/GIS/D_SearchResults.asp 4/20/2006 RBF w/Cap No. 5178 2A 60 30 0 60 I SCALE : AS SHOWN L a5 Sm RBF w/Cap RBF w/Cap No. 5! 78 No. 5178 — 589' 50' 34' E n. a I5TH 6TREET NINETEENTH GTREET [P ) co a Ln j M LOT, 1 1 VCU W I0 N LL 0 o v I m LO o T M G M I O �— v N W LOT 12 Z Io O > o J> of N I ZI LOT 13 VACANT RBNo. 5178 15 ' ALLEY Zo). — — LOT 14 I N89' 57' OBOE 95. 00' (F, P) ROF5i7Bap No.VACANT `Le S89' 58' 48' E �h2142.5i' (F)' 142, 5' ( P) ,n RBF w/Cap No.5178 RBF w/Cap Zp. e. No. 5i78 z1. LOT 15 ?- � ^ rn — O. VACANT a ;t, c o TREED NOT LOCATED ek O '� .\ Cn W 4 M Q Q > W ov o h• J ^ �o cono � LOT 16 u� tit 0 S89' 30' 5i' W 15. 02' (F) 15' (P) S89' 49' 17' W N89958'041W h 142.49'(F) f42.5'(P) LITr,. 95,01'(F) 95'(P) RBF w/Cap 2h. RBF w/Cap No.122i RBF N/Cap No.5178 5i78,5 �a�, 0 - 0 `LA'b RBF w/Cap No. 5178 AI rI. E. I ti STREET n. `L"b EIGHTEENTH 6TREET [ P ) Z1. ti c - 'N 70' R/W - ASPHALT a RBF w/Cap N89.49'17'E 157.53'(F) 157 5'(P) CMF No.5178 Ln co LOT 11 I i o 1s C L U., J C' J J m co 0 0 to �1 o BLOCK 18 �m LOT 16 T__ — — — — — — RBF Nof221p . n. F, i i TH 6TFWET TYPICAL LEG" (WHERE APPLICABLE -SEE DRAWING) PRM-PERMANENT REFERENCE MONUMENT PCP -PERMANENT CONTROL POINT CMF-CONCRETE MONUMENT FOUND CMS -CONCRETE MONUMENT SET RBF-REBAR FOUND ASS-REBAR SET w/Cap No.5178 IPF-IRON PIPE FOUND POL-POINT-ON-LINE UTS-UNITED TELEPHONE SERVICE FPL-FLORIDA POWER G LIGHT CO. [F)-FIELD MEASURE (P)-AS PER PLAT (C)-CALC.DISTANCE (0)-AS PER DEED S/T-SEPTIC TANK MH -MANHOLE FC -FENCE CORNER PP -POWER POLE CMP-CORRUG.MET.PIPE TOB-TOP OF BANK RCP-REINF.CONC.PIPE CB -CATCH BASIN —o— OVERHD. L I NE WN -WATER METER —a<— FENCE LINE UG -UNDERGROUND ELEVAT I ONG ARE NGVD, 1929 DATUM QQ tih ® 4�\��,�°a rye. 0 PARCEL ID+ LOTS 15 G 16: 3-15-37-35-0010-00i50-Oi50 0 .3 4 PARCEL ID+ LOTS ll G 18: 3-15-37-35-0010-00150-000 0.33 Total acres nearest tenth0.67 GLRVEYOR NOTE 1. Bearings shown are relative assuming NOD' OO' 00' E a I ong E. R/W U. S. Hwy. 441 N. 2. This survey is based on Information provided by the customer/agent and no search was made of public records by this office to verify or deny owners, easements,or right -of ways. 3. No visible or underground improvement has been located except as shown. 4. This survey Is not valid without the signature and the orifinal raised seal of a Florida Licensed Surveyor and Mapper. 5. According to FIRM map dated 2/04/1981 panel + 120177 02308, parcel Iles in Not Included Area of City Limits, Flood Zone C, per Okeechobee County Planning G Zoning Department. S. There may be additional restrictions that are not recorded on this survey that may be found In the Public Records, 6LRVEY OF LOTS 0,M17 G i8, BLOCK 15, OKEECHOBEE, according to the plat thereof as record- ed In Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. SCALE: i'= 60' JOB +: 05-090-TOP CERTIFY T0: Df�w DOCK FB/PAGE: 6T37NE/26 CALCS: SWID I UH w MM w n NOOp1ry-� ( n FLD.DATE:3/2/06 DRAWN: KD/CAD t ' F1� 11 Ili-�1/ 1� VV rLuv 11 �i mIm N11wNRfqm DRAWING +: 2670B(2) REVISIONS: 606 W. NORTH PARK 6TREET SHEET C ( Q _ OKEECHODEE, FLOR I DA 34972-4153 OF GTEVEI-I W. DEHAYG, PGM 0 5178 L6 R 6495 PHONE: 663-467-8889 FAX 467-81 I I 1375 JaOn Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request s,Y Applicant .• Muhaffwwd and Shahwz Nooruddin From: Holding To: CHV Petition No. 06-009-R Staff Report Rezoning Request General Information Applicant: Muhammad Nooruddin Petition No. 06-009-R Applicant Address: `` 7993 Steeplechase Court Port St. Lucie, `Florida 34986 0,, ZRNWM, .�—;xx��a � Future Land Use Map Classification CommercialSame �a 4 ,�;.,..».,�„�r,r.s,','M1. e: Use of Property Vacant Medical': office with parking 'lot Access NE 12`h Street and/or US 441 Legal Description: Lot 17 and 18, Block 15, OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. Request: ----------------- I I The applicant wishes to change the property's zoning from Residential Multiple Family (R1V1F) to Heavy Commercial (CHV). * Zoning District: Holding Zoning District: Holding �r Zoning District: RMF 1 Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No. 06-009-R Zoning District: CHV This request can be considered part of a unified effort to change a large area of vacant land to be consistent with the Future Land Use Map. The current Future Land Use classification is Commercial. The subject property (Lots 17 and 18) is adjoining Lots 15 and 16 of the same block with a CHV Zoning. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use is Commercial and the proposed zoning would be consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This CHV Zoning District allows a variety of uses, including medical offices. 3. The proposed use will not have an adverse effect on the public interest. No, the medical office will 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. Yes, the proposed use and zoning is reasonably compatible with adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The zoning will not adversely affect property values. 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 If necessary, uses for this zoning can be buffered. 2 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No. 06-009-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Not applicable for density. Infrastructure improvements may need to be made and can be addressed at the site plan review phase. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This will have to be addressed during the site plan review phase of development. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions placed on the property are those which are set forth within the Comprehensive Plan and the Unified 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. No special privilege will be granted. Summary and Conclusions Prior to Certification The proposed zoning, supported by the above comments, is consistent with Commercial Future Land Use. Recommendation Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial (CHV). Submitted by: James G. LaRue, AICP Planning Consultant May 16, 2006 3 1375 J4Wn Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-plaiming@att.net Staff Report Rezoning Request Applicant.- Muhammad and Shahnaz Nooruddin From: Holding To: CHV Petition No. 06-009-R Staff Report Rezoning Request General Information Applicant: Muhammad Nooruddin Petition No. 06-009-R Applicant Address: 7993 Steeplechase" Court Port St. Lucie, Florida 34986 U6 "x Future Land Use Map Classification CCommercial Same a -' t� s rk ,� ¢ c L s a s �a �� � i«.r`: � Y✓ ,.r`.t i.t� s-.# . R P�3M {yx :�P,+. ; .,, ro. +A i�,W�, �" `i 'T ;^�' c %R b`h ,?�. Y's Use of Property Vacant Medical office with ` parking lot Tg� { Y (� I Li .,A_�_...-: _. n.''i ., ,. � } v ,i yua _ .._ �., m'€ .vH- n�s��,$e nm,t�'V.u`W'a.¢�{.�zi , 'z�a.t' Access NE 12`h Street ` and/or US 441 Legal Description: Lot 17 and 18, Block 15, OKEECHOBEE, according to the plat thereof as recorded in PIat Book 5, Page 5 of the Public Records of Okeechobee County, Florida. The applicant wishes to change the property's zoning from Residential Multiple Family (RMF) to Heavy Commercial (CHV). Adjacent Future Land Use Map Classifications and Zoning Districts: r;y p p `� [ y/a w�*E. +�.�,viit+{d3L3t«g�.ivzK,a cx;>�nx. lY+i:;"3 Zoning District: Holding am" Zoning District: Holding ,. ..1'�t1d��+..Hx?'##��_K.-�t��L .�.;.,� _N i're IRWIN Zoning District: RMF 0 0 Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No. 06-009-R Zoning District: CHV ���, This request can be considered part of a unified effort to change a large area of vacant land to be consistent with the Future Land Use Map. The current Future Land Use classification is Commercial. The subject property (Lots 17 and 18) is adjoining Lots 15 and 16 of the same block with a CHV Zoning. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The Future Land Use is Commercial and the proposed zoning would be consistent with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. This CHV Zoning District allows a variety of uses, including medical offices. 3. The proposed use will not have an adverse effect on the public interest. No, the medical office will 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. Yes, the proposed use and zoning is reasonably compatible with adjacent uses. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The zoning will not adversely affect property values. 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 If necessary, uses for this zoning can be buffered. 2 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No. 06-009-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Not applicable for density. Infrastructure improvements may need to be made and can be addressed at the site plan review phase. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. This will have to be addressed during the site plan review phase of development. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the only restrictions placed on the property are those which are set forth within the Comprehensive Plan and the Unified 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. No special privilege will be granted. Summary and Conclusions Prior to Certification The proposed zoning, supported by the above comments, is consistent with Commercial Future Land Use. Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial (CHV). Submitted by: James G. LaRue, AICP Planning Consultant May 16, 2006 3 2006 - Planning Board - Page 4 of 5 • 0 V. PUBLIC HEARING FOR REZONING PETITIONS CONTINUED. B. Rezoning Petition No. 06-009-R continued. VOTE O'CONNOR - YEA KELLER - YEA LEDFERD - YEA MAXWELL - YEA JUAREZ - YEA BURROUGHS-YEA JOHNS - YEA MOTION CARRIED. C. Rezoning Petition No. 06-010-R: Consider a recommendation to the City The applicant requested this item be tabled, along with their Comprehensive Plan Future Land Use Council to rezone an unplatted parcel of land shown as the Railroad Grounds, Map Amendment Application No. 06-012-SSA. There was no official action taken on this matter. lying within the Plat of the City of Okeechobee from Holding (H) to Residential It will be considered at the June 27, 2006 meeting. Multiple Family (RMF). The subject vacant property is located between Southwest 2" and 6`h Streets. Frank Altobello is the property owner - City Planning Consultant. D. Rezoning Petition No. 06-011-R: Consider a recommendation to the City Council to rezone Lots 1 to 26 of Block 12; Lots 1, 2, 3 and 9 less the East 32.50 feet, 10 to 26 of Block 21, Lots 1 to 6 of Block 22, Okeechobee, from Residential Single Family -One (RSF-1) to Residential Multiple Family (RMF). The subject vacant property is located between Northwest 12' and 13' Streets and Northwest 5' and 8`h Avenues. Steven Dobbs is the applicant on behalf of property owners InSite Development Group - City Planning Consultant. CLOSE PUBLIC HEARING - Chairperson. The applicant requested this item be tabled, along with their Comprehensive Plan Future Land Use Map Amendment Application No. 06-013-SSA. There was no official action taken on this matter. It will be considered at the June 27, 2006 meeting. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 9:25 P.M. 2006 - Planning Board - Page 3 of 5 V. PUBLIC HEARING FOR REZONING PETITIONS CONTINUED. B. Rezoning Petition No. 06-009-R: Consider a recommendation to the City Mr. LaRue briefly reviewed the Staff Report as follows: Council to rezone Lots 15 through 18 of Block 15, Okeechobee, from Holding (H) to Commercial Professional Office (CPO). The subject vacant property is Planning Staff Report Summary: This request can be considered part of a unified effort to located in the 100 Block of Northeast 12' Street. Muhammad and Shahnaz change a large area of vacant land to be consistent with the Future Land Use Map. The current Nooruddin are the property owners - City Planning Consultant. Future Land Use classification is Commercial. The subject property (Lots 17 and 18) is adjoining 11 Lots 15 and 16 of the same block with a CHV Zoning. Planning Staff Report Comprehensive Plan Analysis: (1) The Future Land Use is Commercial and the proposed zoning would be consistent with the Comprehensive Plan. (2) This CHV Zoning District allows a variety of uses, including medical offices. (3) The medical office will not have an adverse effect on the public interest. (4) The proposed use and zoning is reasonably compatible with adjacent uses. (5) The zoning will not adversely affect property values. (6) Should it be necessary, uses for this zoning can be buffered. (7) Not applicable for density. Infrastructure improvements may need to be made and can be addressed at the site plan review phase. (8) This will have to be addressed during the site plan review phase of development. (9) The only restrictions placed on the property are those which are set forth within the Comprehensive Plan and the Unified Land Development Code. (10) No special privilege will be granted. Planning Staff Report Analysis and Conclusions: The proposed zoning, supported by the above comments, is consistent with Commercial Future Land Use. Staff recommends approval of the request to allow rezoning from Holding to Heavy Commercial (CHV). The Planning Staff recommended to the applicant, Mr. Nooruddin, to rezone Lots 17 and 18 to CHV rather than CPO. Lots 15 and 16, which were noted on the agenda as H, are already zoned CHV. The applicant was in agreement. Mr. Muhammad Nooruddin, property owner, explained that he has been a Physical Therapist in the area for the past ten years. The purpose for this rezoning is to open a Physical Therapist office with a gym and a therapeutic pool. There was no discussion on this matter. Board Member Burroughs moved to consider a recommendation to the City Council to rezone Lots 17 and 18 of Block 15, Okeechobee, from Holding (H) to Heavy Commercial (CHV); seconded by Board Member Juarez. • Exii1BIT 3 J[mE 6, 2005 INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS May 19, 2006 LBFH Project No. 05-0121 Brian Whitehall, City Administrator City of Okeechobee 55 SE Third Avenue CIVIL Okeechobee, FL 34974 AGRICULTURAL WATER RESOURCES RE: Agreement for Professional Services — Design and Permitting WATER & WASTEWATER N.E. 12th Street Extension City of Okeechobee Commerce Center TRANSPORTATION Okeechobee, Florida SURVEYING & MAPPING CIS Dear Mr. Whitehall: Thank you for giving us the opportunity to serve the City of Okeechobee on your proposed project. It is our understanding that the project consists of extending N.E. 121h Street from the intersection of N.E. 9th Avenue to Lot No. 5 within the City's Commerce Center. Based on our discussions and our preliminary investigations into project requirements, we have prepared this Agreement for Services to prepare construction plans and permit applications for site improvements to serve the project. Our proposed services also include construction observation and contract administration during the construction phase of the project. Attached are Exhibit A — our proposed Scope of Work and Exhibit B — our Terms and General Conditions to the Agreement. We propose to perform our services on a Lump Sum basis. If this proposal is agreeable to you, please sign and date and return a copy to us, as our authorization to proceed. If you have any questions, please don't hesitate to contact me at your earliest convenience. Thank you again for the opportunity to present this proposal to "Partners for Results Value by Design" you, and we look forward to working with you on a successful project. Sincerely, LBFH, Inc. James R. Orth, P.E. Palm City Branch Manager JRO/dlb In Duplicate Attachments 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax: (772) 286-3925 P:\05-0121\Proposa1\AFS.doc 1 www.lbfh.com APPROVAL OF AGREEMENT N.E. 12th Street Extension City of Okeechobee Commerce Center Design and Permitting Services EXHIBIT A — SCOPE OF SERVICES (DATE: 05119106) EXHIBIT B — GENERAL CONDITIONS (DATE. 05119106) Approved: LBFH, Inc. (Hereafter LBFH) Scott A. Eckler, Date Vice President Approved: City of Okeechobee (Hereafter CLIENT) Brian Whitehall Title: City Administrator Date PA05-0121 \Proposal\AF S. doc 40 Exhibit A • Scope of Services LBFH, Inc. will perform the following services: Note: Numbering system refers to LBFH, Inc.'s internal project accounting codes. PRELIMINARY ENGINEERING SERVICES Phase 00: Preliminary Engineering LBFH proposes to conduct preliminary investigations, prepare preliminary drawings, provide a preliminary itemized list of probable construction costs effective as of the date of the preliminary report, and submit a preliminary report. Lump Sum Fee: $2,400 TOTAL PRELIMINARY ENGINEERING SERVICES FEE; $2,400 BASIC ENGINEERING SERVICES Phase 20: Construction Plans and Specifications and Bidding assistance LBFH will design and prepare construction drawings and contract documents and bid specifications for improvements to serve the project. The design includes on - site grading, paving and drainage systems, as well as water and wastewater service connections. The construction drawings will consist of one (1) horizontal control plan sheet, one (1) paving, grading and drainage plan sheet, one (1) construction detail sheet and one (1) specification sheet (1) water and wastewater detail sheet. The water and wastewater service connections will be shown on the paving and grading sheet. Lump Sum Fee: $27,100 Phase 50: City of Okeechobee Meetings and Coordination LBFH will attend up to two City Commission/technical review committee meetings and coordinate with the City Engineer on site -related issues for the project. Lump Sum Fee: $3,500 REIM: Reimbursable Direct Expenses Any direct, non -salary expense, including, but not limited to photocopies, blueprints, out -of -office reproduction of photographic services, long distance telephone calls, special mailing or delivery services, contract services authorized by the CLIENT, permit and processing fees, legal advertisements and notices, title search services, special materials and survey markers. Lump Sum Fee: $2,500 TOTAL BASIC ENGINEERING SERVICES FEE: $33,100 ADDITIONAL ENGINEERING SERVICES Phase 10: Surveying and Mapping Services LBFH proposes to provide surveying services to include cross -sections of every 100 feet of N.E. 12 InStreet from the intersection of N.E. 9`h Avenue to the water treatment plant site and along the western lot lines for Lots 1-3 to extend approximately 70 feet wide, from 10 feet inside the lots to 60 feet west of the property line. The surveying information will be provided to the engineer in electronic format to be included in the base file. Lump Sum Fee: $5,000 Phase 41: South Florida Water Management District Permitting: LBFH will prepare and submit to the South Florida Water Management District a request for Letter Modification of the Commerce Center's Environmental Resource Permit. Lump Sum Fee: $14,615 TOTAL ADDITIONAL ENGINEERING SERVICES FEE: $19,615 RESIDENT CONSTRUCTION OBSERVATION SERVICES Phase 60: Services During Construction LBFH will perform periodic observation of the construction activities for the purposes of observing the progress and quality of the work, and to determine whether or not the work is proceeding in accordance with the construction drawings and specifications. This effort is directed toward providing the CLIENT a greater degree of confidence that the completed project will conform to the requirements contained in the approved P:\05-0121\proposal\afs.doc drawings, specifications and regulato'ency permits. This fee assumes the con3RFuction phase will be limited to three (3) months. The services performed wildinclude: • Assisting contractor with preparation of an NPDES permit • Preconstruction Meetings • Construction Observation of the Site Work • Contractor Coordination and Review of Shop Drawings • Pay application review and approvals • Final Inspection and Certification of Completed Work At the conclusion of the work, LBFH will review record drawings of the completed site work based on contractor provided certified information obtained by a licensed Professional Surveyor and Mapper. Certification will only include work items specifically addressed in the construction documents prepared by LBFH. Lump Sum Fee: $16,350 TOTAL RESIDENT CONSTRUCTION OBSERVATION SERVICES FEE: $16,350 CONTRACT SUMMARY Preliminary Engineering Services Fee: $ 2,400 Basic Engineering Services Fee: $33,100 Additional Engineering Services Fee: $19,615 Resident Construction Observation Fee: $16,350 CONTRACT TOTAL: $71,465 The preceding Scope of Services does not include the following: • Hydrological designs or reports. • Building design or construction drawings. • FDEP permitting (It is anticipated that this will not be necessary.) • Irrigation, lighting or landscaping designs. • Payment of Application fees. • Review of contractor wage determination forms p:\05-0121 \proposal\afs.doc 0 Exhibit B Terms and General Conditions to Agreement SERVICES AND FEES: The attached Exhibit A, Scope of Services and Fees, ("SERVICES"), describes specific work to be performed by LBFH and fees to be paid LBFH by CLIENT. PERFORMANCE: LBFH shall perform the work in an expeditious and diligent manner. The standard of care for all professional engineering and related services performed or furnished by LBFH under this Agreement will be the care and skill ordinarily used by members of LBFH'S profession practicing under similar conditions at the same time and in the same locality. The parties to this Agreement agree that LBFH has no control over certain aspects of the work, including but not limited to, the timely submittal of data or information to be furnished by others for LBFH's use, the review and approval process of governmental, jurisdictional, or utility agencies and entities. LBFH asserts no guarantees regarding permit application processing times and issuance of a permit, and incurs no liability for same. LBFH's opinions of probable PROJECT costs are made on the basis of LBFH's judgment and experience for the given time and economic conditions. LBFH does not guarantee that proposals, bids or actual PROJECT cost will not vary from LBFH's opinions of probable cost. COMPENSATION FEES: Lump Sum fees are fixed amounts to be paid for the services indicated. Time & Expense fees shall be based on the attached Exhibit C, Time & Expense Rates. All Time & Expense fees quoted in advance of the work being performed are ONLY ESTIMATES. RETAINER: Upon acceptance of this Agreement by CLIENT, but prior to initiation of work by LBFH, CLIENT shall deposit with LBFH a retainer in the amount of $00.00. Upon completion of work by LBFH, the amount of deposit shall be credited to CLIENT and calculated in the final sum due LBFH. In the case of payment default in excess of 60 days, the retainer shall be applied towards the outstanding invoices, work stopped and not continued until the account is current and additional retainer deposit is received. INVOICES: Invoices shall be sent to CLIENT by LBFH covering periods of not less than a month. Invoices shall be prepared in LBFH's style and format. If CLIENT requests a different style or format that requires additional preparation time by LBFH, then CLIENT shall compensate LBFH for that additional effort at the prevailing rate for personnel performing the work. Lump Sum fees owed LBFH for an invoice period shall be calculated by LBFH based upon LBFH's percentage estimate_ of the amount of work accomplished for the period. Time & Expense fees owed LBFH for an invoice period shall be based on the amount of time expended by LBFH in performing the services, calculated portal-to-portal, multiplied by the prevailing rate for the personnel performing the work. A minimum of one hour of time will be charged for attendance at any public hearing, commission or board meeting, or at any legal or administrative proceeding. CLIENT will reimburse LBFH for all direct non -salary expense, including but not limited to those items shown on Exhibit C, Time and Expense Rates. INVOICE REVIEW: Within 21 days of receipt of LBFH's invoice, CLIENT shall examine invoice in detail as to accuracy/completeness and shall raise any question/objection in writing regarding invoice within these 21 days. After 21 days from receipt of LBFH's invoice, CLIENT waives any question/objection to the invoice not earlier raised. PAYMENT OF FEES: All fees are due and payable upon receipt of an invoice. Payment shall be in United States currency. If CLIENT fails to make any payment due LBFH within 30 days from the date of LBFH's invoice, the amounts due LBFH shall include a charge at the rate of 1.5% per month (18% per annum), or as otherwise provided by law. LBFH reserves the sole right to suspend all services to CLIENT if any invoice remains unpaid 60 days after date of invoice. If services are suspended, they may not resume until all unpaid invoices are paid in full. ADDITIONAL SERVICES: Services authorized by the CLIENT, other than those specifically set forth in the "Scope of Services", shall be considered additional services for which CLIENT shall compensate LBFH on a "Time & Expense" basis or as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required because of a change in the data, criteria, or information furnished to LBFH, a change in the Scope or concept of the project initiated by the CLIENT, and/or services that are required by changes in the requirements of public agencies, after work under this Agreement has commenced. . A "Change of Scope Memorandum" will be executed by CLIENT before such work is started. RATE AND FEE ADJUSTMENT: The attached schedule of hourly billing rates is subject to change at the end of each calendar year, and shall be reflected in this Agreement. Lump sum fees are also subject to change at the end of each calendar year based upon the Consumer Price Index for All Urban Consumers (CPI-U). GENERAL CONDITIONS DATA PROVIDED BY OTHERS: CLIENT is pA05-0121 \proposal\afs. doc responsible for supplying LBFH witlormation and data required for LBFH's use in accomplishing the work. LBFH shall not be responsible or liable for any inaccurate or incomplete information provided by others, or for its good faith use of inaccurate or incomplete information provided by others. OWNERSHIP OF DOCUMENTS: All documents, including drawings, specifications, field notes, and electronically generated information and data prepared by LBFH pursuant to the terms of this Agreement, are the property of LBFH. Copies of LBFH's non-proprietary documents will be made available to CLIENT at the "Time & Expense" cost for reproducing said documents. These documents are not intended or represented to be suitable for reuse for extensions of this or any other project, and CLIENT or others are prohibited from making or incorporating any adjustments, changes or amendments to them without specific written approval from LBFH. ENFORCEMENT: In any action to enforce or to interpret this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees. For the purpose of this Agreement "action" shall be interpreted to include negotiations and investigation prior to the institution of proceedings at the trial level as well as costs and fees incurred through any appeals. In the event CLIENT has or asserts some claim or demand against LBFH based upon this Agreement or any services delivered under this Agreement, including any extensions or modifications thereof, CLIENT, as well as all persons or firms claiming through, under, or against CLIENT, must initiate suit against the LBFH within one year from the date upon which the services were delivered or claim shall be forever barred. LBFH's liability is limited to the fees paid by CLIENT under the terms and conditions of this Agreement. LBFH agrees to waive this limitation upon receiving CLIENT'S written request and additional payment of four percent of LBFH's fee, or five hundred dollars ($500.00), whichever is greater, within 5 days of the date of this Agreement. Venue for any disputes shall be in Martin County Florida, unless otherwise required by Florida law. AGREEMENT MODIFICATION: This Agreement may be modified by the parties at any time, but no such modification shall be effective unless reduced to writing and signed by both parties. PRIVITY OF AGREEMENT: This Agreement is not to be construed to provide any obligation from LBFH to any third parties, including, but not limited to, any contractors (general or sub), banks, lending institutions or to any successors in title to the CLIENT. The rights under this Agreement only inure to the parties hereto. ASSIGNABILITY: This Agreement is expressly understood to be nontransferable and non -assignable by either party without the express written consent of the other party. ACCEPTANCE: The fees, terms and conditions offered in this Agreement shall be valid and open for acceptance by CLIENT for a period of sixty (60) days after the date the Agreement is signed by LBFH. EFFECTIVE DATE: This Agreement shall become effective on the date that it is signed by CLIENT and returned to LBFH with the required retainer. TERMINATION: This Agreement may be terminated by either party upon giving 7 days written notice, and CLIENT shall be responsible only for those fees and expenses incurred through the date of receipt of said notice. Notice shall be delivered to above stated addresses. SEVERABILITY: In the event a court of competent jurisdiction determines that any term or provision of this contract is unenforceable for any reason, the balance of the terms and conditions shall nonetheless remain in full force and effect and such unenforceable provisions shall be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof. SPECIAL PROVISIONS: Special provisions shall be as set forth in Exhibit A. Where special provisions conflict with the terms and conditions, the special conditions shall prevail. To Be Completed by CLIENT: The record title owner of the real property which is the subject of this Agreement is: A copy of the deed vesting title in client being attached hereto. If the owner of the property is not the CLIENT, the CLIENT'S interest in the property is: A copy of the document, showing clients interest in the property being attached hereto. p:\05-0121 \proposal\afs.doc 6 • 2nd Quarter Update June 6, 2006 What Have We Done? Attended state Conference in February 2006. Submittal of additional grants to assist with the CRA District as it relates to the TIF.. ■ Obtained $6000.00 grant to develop a site plan outlining a park area where Teen Town and the election office currently resides. Completed the 4t" annual FBA BBQ contest. Developed and implemented the "Plant a Tree" program. First tree was planted in Park 3. Active participant in the Okeechobee Visioning program sponsored by FREDI. Economic Restructuring committee developed LPA merchant survey to be used in determining types of businesses needed in downtown area. • Received a grant from the state for the Top of the Lake Art Fest in the amount of $7,256.00. Art feat will be conducted in first quarter of 2007. • Sponsored the sale of Honey Baked Hams at Easter for the community. The sale allowed the community to order and pick up hams locally. • Membership news: 4 new individual members and 3 new businesses 0 0 Od 'V440 0 no Developing project plans for several community events: • Halloween Celebration • Jimmy Osceola Day • Seminole Indian Pow Wow • Additional mural project for the downtown area • Purchase trash receptacles for the downtown area • Draft proposal presentation of a Historic Preservation Ordinance for both City and County • Hire consultant to complete site plan for teen town area • Work with FDOT to formulate draft plan for entrance sign to Okeechobee beginning on east end of City 6:02 PM . Okeechobee Main Street, Inc. • 04/28/06 Cash Basis Profit & Loss October 2005 through March 2006 Oct '06 - Mar 06 8920 • Meat Expense 1,112.00 8917 - Misc Expense 1,000.00 8914 • Marketing Exp - T-shirt, apron 1,538.00 8912 - Rental Equipment Expense 2,057.50 8911 - Entertainment Expense 400.00 8910 Bread Expense 157.23 8909 Prize Money Expense 8,000.00 8907 - Ice Expense 257.50 8906 • Trophies Expense 488.00 8905 • Signage Expense 957.00 8903 • Condiment Expense 445.51 8902 • Office Supplies 47.35 8901 • FBA Expenses 589.12 Total 8900 • BBQ Competition Expenses 20,797.30 8600 - Business expenses 8670. Organizational (corp) expenses 61.25 Total 8600 - Business expenses 61.25 8600 - Misc expenses 8570 • Advertising expenses 120.00 8620 - Insurance - non -employee 391.64 8630 - Membership dues - organization 245.00 8690 •Other expenses 92.96 8660 •Outside computer services 31.03 Total 8600 • Misc expenses 880.63 8100 - Non -personnel expenses 8181 - Web Hosting Service 119.40 8180 - Books, subscriptions, reference 213.00 8140 • Postage, shipping, delivery 21.98 8170 • Printing & copying 349.59 8110 - Supplies 1,874.20 Total 8100 • Non -personnel expenses 2,578.17 8200.Occupancy expenses 8270 - Security System Expense 66.00 8210 • Rent, parking, other occupancy 1,854.00 8220 - Utilities 658.01 8260 • Telephone & telecommunications 370.97 Total 8200 •Occupancy expenses 2,948.98 7200 • Salaries & related expenses 7210 •Officers & directors salaries 13,752.96 7250 • Payroll taxes 3,493.01 Total 7200 - Salaries & related expenses 17,245.97 8300 - Travel & meetings expenses 8320 - Conference,convention,meeting 150.00 8310 • Travel 925.87 Okeechobee Main Street, Inc. Confidential — Restricted Access 6:02 PM Okeechobee Main Street, Inc. • 04/28/06 0 Cash Basis Profit & Loss October 2005 through March 2006 Oct '06 - Mar 06 Ordinary Income/Expense Income 4300 • Green Market Fees 2,190.00 4400 • Bank Credit 17A0 4500 • Contributed support 4572 • Xmas Festival Booth Charge 260.00 4670 • Disbursements from Grant Fund 6,706.65 4562 - BBQ Dinner Pledges 5,516.00 4651 • BBQ Entry Fee 4666 • Additional BBQ Site 400.00 4664 • Vending Fee 505.00 4663 • Port -A -Let 300.00 4652 • Clean -Up Fees 290.00 4651 • BBQ Entry Fee - Other 6,350.00 Total 4561 • BBQ Entry Fee 7,845.00 4660 • Pledges 360.00 4650 • BBQ Sponsorship 11,800.00 4640 • Local government grants 20,000.00 Total 4500 • Contributed support 52,487.65 4600 • Membership 4601 • Family 50.00 4602 • Friend 475.00 4604 • Medium Business 1,500.00 4606 • Patron 700.00 4606 • Small Business 3,100.00 Total 4600 • Membership 5,825.00 Total Income 60,520.05 Expense 8700 • Green Market 8712 • Advertising 591.00 8711 • Portable Toilets 566.71 8710 • Signage 515.14 Total 8700 • Green Market 1,672.85 6999 • Uncategorized Expenses 100.00 8800 • Beautification 8808 • City Entrance Signage Fund 7,000.00 8807 • Downtown Trash Can Purchases 2,900.00 8806 • Banner Exp - Big Lake Acct 180.00 Total 8800 • Beautification 10,080.00 8900 • BBQ Competition Expenses 8924 • Media Expense 2,904.00 8923 • Misc Hardware 399.62 8922 • Cash Boxs 300.00 8921 • Electrical Expense 144.47 Okeechobee Main Street, Inc. Confidential — Restricted Access 6:02 PM Okeechobee Main Street, Inc. 04/28/06 40 Is Cash Basis Profit & Loss October 2005 through March 2006 Total 8300 • Travel & meetings expenses Total Expense Net Ordinary Income Net Income Oct '05 - Mar 06 1,075.87 57,441.02 3,079.03 3,079.03 Okeechobee Main Street, Inc. Confidential — Restricted Access • • EXHIBIT 5 JUPIE 6, 2006 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, is made and entered into this day of , 2006 by and between the CITY OF OKEECHOBEE, FLORIDA, a Municipal Corporation existing under the laws of the State of Florida, hereinafter referred to as "CITY", whose address is 55 Southeast 3`d Avenue, Okeechobee, Florida 34974; and V. Brian Whitehall, hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: 810 SW 2"d Street, Okeechobee, FL 34974. WITNESSETH: WHEREAS, the CITY COUNCIL has determined to offer the position of CITY ADMINISTRATOR to V. Brian Whitehall; and WHEREAS, V. Brian Whitehall has determined to accept the offer from the CITY to serve as CITY ADMINISTRATOR; and WHEREAS, the parties have negotiated the terms of said employment which are set forth in this employment contract; NOW, THEREFORE, in consideration of the mutual covenants, premises, and promises set forth herein, the sufficiency all of which is acknowledged, the CITY and the CITY ADMINISTRATOR, desiring to be mutually legally bound, do agree as follows: Employment A. Commencing on June 1, 2006 the CITY OF OKEECHOBEE hereby employs V. Brian Whitehall as CITY ADMINISTRATOR to perform the functions and duties as CITY ADMINISTRATOR as set forth in the City Code of Ordinances 2-111 and 2-112, and as amended from time to time in the sole discretion of the CITY; and such duties as are or may be specified by ordinance, resolution, or direction of the CITY from time to time. Considering this, V. Brian Whitehall agrees to accept and to diligently perform the duties as set forth herein. The position of CITY ADMINISTRATOR is subject to all requirements of the City Personnel Policies and Procedures. B. This agreement, unless terminated as hereinafter provided, shall commence and remain in effect for a term as set forth below, at which time this agreement shall terminate, unless the terms hereof are modified by mutual consent and/or extended by agreement of both parities hereto in a written modification or extension. The term of this employment shall be fora period of two years, and shall commence on the 1st day of June 2006, and unless terminated as hereafter provided or other wise extended, shall expire on the 31 st day of May 2008, at the hour of midnight. This contract, or as subsequently amended, may renew annually thereafter for successive two (2) year terms upon majority vote of the CITY, unless: E Either party may give written notice to the other of an intent not to renew the annual contract, which written notice shall be communicated to the other party at least 60 days prior to the ending date of this contract. This notice provision shall not apply in the event of a termination with or without cause, as hereinafter set forth. The CITY also retains the right to terminate the employment at any time during the contract year without cause, which will entitle the CITY ADMINISTRATOR to severance pay, as hereinafter defined. C. The CITY ADMINISTRATOR is subject to an evaluation of his/her performance at least once annually, said evaluation to be completed at least three (3) months prior to the end of the contract year. The CITY, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve his/her performance prior to terminating this contract for cause. The CITY ADMINISTRATOR shall perform all duties and functions of CITY ADMINISTRATOR in a competent, professional, efficient and effective manner, which includes a requirement of open and effective communication between the CITY ADMINISTRATOR, Department Heads, Employees, and the City Officials. The CITY COUNCIL shall be the sole judge of whether the CITY ADMINISTRATOR performs his/her duties in such a manner. Terms of Employment. A. It is agreed that this agreement shall be subject to all provisions of the City Code of Ordinances and City Charter, as may be amended from time to time. B. The CITY and CITY ADMINISTRATOR agree that the CITY ADMINISTRATOR is a full time professional, managerial employee. In consideration of 29C.F.R 541.102, the CITY ADMINISTRATOR agrees that he/she is properly classified as exempt for purposes of the fair labor standards act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day of 8:00 a.m. to 4:30 p.m., but "full time" employment as used in this contract means a minimum of a 40 hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8.00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR, during the term of this contract shall not accept, continue with, or perform any employment or actions that will create a conflict of interest between such employment or activities with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of City policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that interferes with timely and professional administration of City government, or that is contrary to the interests of the CITY. The CITY ADMINISTRATOR and the CITY agree that Page 2 of 6 in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete his/her duties, which may include being called out after hours or on weekends for emergency situations. D. This agreement may be terminated by the CITY at any time for cause upon 4/5 affirmative vote of the CITY COUNCIL. The term "cause" shall be defined from time to time as set forth under Florida law; and may include a violation of any duty or contractual agreement set forth herein, any ground set forth in Chapter 7 of the City Personnel Policies and Procedures, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the CITY COUNCIL, as provided by ordinance. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay. Grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging him/her with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be solely and immediately by the Mayor, but shall be affirmed or denied by majority vote at the next regular or special City Council meeting. F. The rate of compensation paid to the CITY ADMINISTRATOR effective the date of execution of this agreement, or any extension thereto, unless subsequently modified as provided herein, shall be the sum of Sixty -Eight Thousand Three Hundred Nineteen Dollars and 65/100 ($68,319.65) annually, said compensation to be paid in equal installments every week, subject to standard tax and benefit deductions. 3. Benefits. The CITY ADMINISTRATOR shall receive the following benefits: A. All benefits available to every employee as set out in Chapter 4 of the Personnel Policies and Procedures as written, or as from time to time amended by the CITY COUNCIL. B. The CITY shall provide in its sole discretion a suitable automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from his/her Okeechobee residence, all CITY business and travel as required to perform his/her duties, including use to seminars, conventions, out of town consultants, etc. Page 3 of 6 C. The CITY ADMINISTRATOR shall be provided a private office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. D. The CITY will pay the premium for group health insurance for the CITY ADMINISTRATOR, with such plan as may be in effect within the CITY; and long term disability and life insurance on the life of the CITY ADMINISTRATOR in such amounts as determined by the CITY. E. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Manager's Association (ICMA) plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonable be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR's General Employee Pension Plan by payment of such amount into a deferred compensation plan, this negates the CITY's responsibility to pay into the General Employee Pension Plan. F. The CITY ADMINISTRATOR shall be entitled, in the sole discretion of the CITY COUNCIL, to periodic merit or longevity salary increases during the term of his/her employment under the CITY's pay plan in effect at that time. G. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual meetings, International City Managers Association (ICMA) meeting; Florida City and County Management Association (FCCMA) meeting, other similar professional meetings, located within the State of Florida. Any out of State meetings must be approved by the CITY COUNCIL in advance. The CITY shall pay the annual dues of the CITY ADMINISTRATOR to the Florida League of Cities; the Florida City and County Management Association (FCCMA); and the International City/County Management Association (ICMA). All payments made under this section shall be on a reimbursable basis, provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. 4. Termination and Severance. Either party may elect to not renew the term of employment by providing sixty (60) days notice prior to the ending date of the contract. In the event of termination by vote of the CITY COUNCIL, the CITY Page 4 of 6 ADMINISTRATOR shall receive a severance package which includes all earned and unused vacation leave, and compensation as permitted for unused sick leave, or annual leave, and six (6) months regular salary, defined as that sum of money normally received over a period of 180 days, less applicable taxes or deductions. Should the CITY ADMINISTRATOR resign his position, and provide a minimum thirty (30) day written notice, this will terminate this contract and he shall receive paid benefits in the same manner as any employee leaving in good standing with proper notice. 5. Residence. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his/her primary residence within Okeechobee County, Florida and to complete such relocation at his/her own expense within one hundred eight (180) days of the execution of this agreement. 6. General Provisions. A. This agreement shall become effective upon its approval and execution by the last person signing. B. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this agreement shall not be affected and shall remain in full force and effect. C. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. D. The CITY ADMINISTRATOR expressly acknowledges that he/she has read and voluntarily signed this agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four corners of this written employment contract. Further, the CITY ADMINISTRATOR acknowledges that this agreement has been fully reviewed by him/her; that it is completely understood, that he/she has consulted with private counsel or had the opportunity to do so and voluntarily opted not to do so. E. The parities hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorney's fees from the other for claims or litigation arising out of the interpretation or enforcement of this contract. F. This contract shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parities stipulate that venue therefore Page 5 of 6 shall be at all times Okeechobee County, Florida. G. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, is strictly and absolutely within the sole complete discretion of the CITY COUNCIL, and that CITY ADMINISTRATOR covenants and agrees that he/she absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY ADMINISTRATOR due to such decision. IN WITNESS THEREOF, the parities have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this day of , 2006. ATTEST: Lane Gamiotea, CMC, City Clerk As to the City Administrator: V. Brian Whitehall Date: As to the City of Okeechobee: James E. Kirk, Mayor Date. - Page 6 of 6 • �4an. Rc�ded +6 bl l�l� P A �er�,dCIL CRAIG A SMITH & ASSOCIATES ENGINEERS • SURVEYORS • UTILITY LOCATORS • GRANTS ASSISTANCE Mh- F.iour, +tNih l.,nall, . dn:ioistrato & rioaintena ni;;e, Stir r,�l a�tt4 r ...:?fi a11l� �`iis'i! M-) PERMIT NO. 47-00638-P c:;s� t�i;=tf i3si Nrj., !-tt✓i:ti G:�1 irk! ]. .: jcJ)rvr l.\ ? t;: ounneetirag with the City and SF0/MD, we are providing euhn prc:posal tu''tr,e of the V etland Monit�ring and Maintenance. and the storrr`nrater rt �anF ger,., lit toi <he r,itia: phasr­ of the Okeechobee Commerce Par' " De\relopim..ant. As utiiizin g Asniosserl Engineering, LLC to comolete" the r?eces;::3,y erall". compliance, and CAS will complete the necessary dcc:ornnentzaicr; 'F:�r peanit f,,)wplirance on the, stormwater syst ;rn More speciiE7.7!ly, the scope of work is as follows: Task 1 (E_2 r%_ovide jJii I jStC)l10: services,'iC)I' frCiSt pti.`imlt enVirOrlmertiai COITlpiiance assi:xui;ated w4h I :..nvironi-nental Resource Permit (F_RP) No. 47-00638-P, granted by S'outh Florida Water Management District (SFWMD) to the City of Okeechobee on August 'i'i, 2'104. Service's consisl of Baseline Monitoring; five (5) years of Annual Monitoring and reporting to SF�I\lip D; installation of permanent physical markers designating the "preseivad" statLI tlf ori-site wetiands and buffers (Special Condition No. 17); evaluation and :assistance with rnitigation to offset wetland impacts due to construction (Specia! Condition No. 18), installation of staff gauges and photo stations in all wetlands and field -location of vegetative transects. In addition, a separate line item is included to cover cost of maintenance activities for the rive k5) year period allowing compliance with the objectives stated ii; the approved permit L \LAND\PROPOSAUCommerre Park - Wetlands and Cioseout\Proposal.dor, 1000 West McNab Road, Suite 200, Pompano Beach, Florida 33069 • (954) 782-8222 FAX: (954) 786-8927 Palm Beach: (561) 736-3188 Dade: (305) 940-4661 www.craigasmith.com City Okeechobee — Commerce Park — Wetland 1Cronitoring — Stormwater Certificaiton CAS Proposal No: 06-0.165-1761 (C� :Page 2 of 4 (percent coverage of exotics).to assure that the project remains in compliance with the Environmental Resource Permit issued on August 11, 2004 (by SFWMD). The activities required are described herein and are also described in the approved permit. These activities include: Installation of permanent physical markers (all wetlands) $ 2,000.00 Evaluation of the status (report) of the 1.95-acres (mitigation) $ 1,500.00 Baseline monitoring $ 2,000.00 Installation of staff gauges $ 500.00 Demarcation of photo stations and vegetative transects $ 2 000.00 Outline -report on initial maintenance required by the City $ 2,500.00 Data collection and monitoring reports (5 total) $ 2,500.00 (each) [his results in a total project cost of $ 23,000.00 or $ 3,833,00 per year for the siz (6) year project life. The above costs include all site inspections necessary to evaluate the on -going condition of preserved wetlands (and enhancement). / Non -Charge items: Coordination with FFVVCC & FWS Water level recording (bi-monthly) and reporting Wildlife observations and reporting Rainfall data collection and submittal from closest station (SFWMD Field Station) Unless the Client accepts the Separate Line Item (Maintenance), all exotic maintenance/control will be at the expense of the City. Separate Line Item (Maintenance): Maintenance can be provided as part of this contract upon acceptance of this Line Item by the Client -City. Maintenance includes: picking urn debris -trash in wetlands and buffers, hand flagging vegetation to be removed, burning, exotic removal (mechanical, chemical and hand removal) and routine inspections throughout the year. The costs to conduct maintenance for the five (5) year period is as follows: YEAR COST Year One $ 32,100 Year Two $ 15,100 Year Three $ 10,100 Year Four $ 10,100 Year Five $ 10,100 LALANMPROPOSAMommerce Park - Wetlands and Closeout\Proposal.doc City opkeechobee — Commerce Park — Wetland9nitoring -- Stormwater Certificaiton CAS Proposal No: 06-0165-1761 Page 3 of 4 TOTAL. COST $ 77,500 Acceptance of Separate Line Item (Maintenance Activities) as described herein'. `DES NO Task 2. (E50): Coordinate / assist / obtain final closeout,ot SFWMD stormwater permits associated with the initial phase of the Commerce Center. {SAS will also coordinate with Asmussen Engineering LCC in completion of the wetland monitoring and maintenance permit obligation. This task shall be performed hourly, in accordance with oil,; current hourly rates, with an initial; budget of $5,000. $ 5,000 We propose to perform the lump sum portion of this project for Eighty-two thousand five hundred dollars (82,500.00) in accordance to the outlined lump sum scope and cost above. Hourly services are as illustrated in the proposal. In the event the City regt.iests additional services (in addition to the above), we will invoice the City on an hourly basis. City is to provide: • Additional professional services not described above, if required • Obtaining of any easements, rights -of -way, or property owner coordination • Permit fees to be paid to regulatory agencies In the event additional specialty engineering is required for the implementation of the project, CAS will provide this service at cost plus administrative fee. L\LAMPROPOSAL\Commerce Park - Wetlands and Closeout\Proposal.doc City Okeechobee — Commerce Park — Wetlandtnitoring — Stormwater Certificaiton CAS Proposal No: 06-0165-1761 (Q� Page 4 of 4 If this proposal is acceptable to the County, please execute both originals. Please return one (1) executed proposal to our Pompano Beach office. Receipt of the signed proposal shall serve as our authorization to proceed. Sincerely, CRAIG A. SMITH & ASSOCIATES Mark E. Tomczyk, P. E. Vice President MET:AB Accepted By: City of Okeechobee Signature Printed Name - Title Date LALAND\PROPOSAUCommerce Park - Wetlands and Closeout\Proposal.doc CRAO A. SMITH & ASSOCLATEOINC. 2006 HOURLY RATE SCHEDULE FOR PERSONNEL Pr—_—_-----------_—_----------------------$2OO.00 GrantSpecialist..... ......................................................................... ............................... $125.00 CourtTestimony ... .............. ................................... ....................... ................................ $175.O0 VicePresident ....................... ............................ ............................................................. $155.00 Senior Supervising Engineer .......................................................................... SupervisingEngineer ...................... ... ........ ... '.................................................. ............ $130.00 ProjectManager ................................................ ............................................................. 0115iOO WebSite Designer ............. ............................................................................................. $125.00 Assistant Grant Specialist --------------------------------..$85.00 ProjectEngineer .................................................................... ........................................... $90.O0 EngineeringDesigner ..................................... .................................................................. $85.DO Engineering Technician ... .................................. ......................... ................ .................. $8O.00 CADDTechnician .............................................................................................................. $7O.00 Senior Field Representative ...... ....................................................................................... $95.00 Field Representative -----------------------------------.$7O.00 Director ofSurveying ..... $145.00 Senior Professional Surveyor 0"Mapper ......................................... ................................. $11O.00 Professional Surveyor and Mapper ....................................................... $100.00 SurveyTechnician ...... ....................................................................................................... $70.00 Clerical...................................................................................... ........................................ $45.00 Survey Crew, Vehicle, Std. Equipment ............................................ .............................. $125.00 Survey Crew, Vehicle, CSF"SEouipr-nerd........................................................................... $175.OD SurveyCrew - overtime ................................................................................................... $135.00 SurveyCrew - pilestaking ............................................................................................... $15O,OD NOTE: These rates are subject 1ochange annually. Effective: January 1.200G CRA• A. SMITH 86 ASSOCIATE•INC. 2006 REIMBURSABLE EXPENSES • 3D Scanner Usage $4,000.001 day • Computer Usage (CADD) $2.50/hour • Reproductions Engineering (24 X 36) 1.50/sht Engineering Color 2.50/sht Standard Copies 0.15/sht Standard Color 0.25/sht Ledger (I1 X 17) 0.25/sht Ledger Color 0.40/sht • Recording & Permit Fees Cost + 10% • Services of Outside Consultants Cost + 10% • Federal Express or Courier Services Cost + 10% • Commercial Air Travel Cost + 10% • Long Distance Phone Cost + 10% • Auto Travel Expense 0.445/mile • Meals •- Per Diem $40.00 • Lodging Cost + 10% NOTE. These rates are subject to change annually. Effective: January 1, 2006 June 5, 2006 Brian Whitehall — City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL. 34974-2903 Subject: Monitoring Proposal - City of Okeechobee Industrial Park Permit No. 4740*38-P Section 15if37S/R35E, Okeechobee County, Florida Dear Brian_ Enclosed is a proposal for post -permit environmental compliance associated with Environmental Resource Permit (ERP) No. 47-00638-P, granted by South Florida Water Management District (SFWMD) to the City of Okeechobee on August 11, 2004- Please find the attached proposal for professional enviroruriental services allowng the City to come into compliance with the approved permit. Services consist of Baseline Monitoring; five (5) years of Annual Monitoring and reporting (to SFWMD); installation of permanent physical markers designating the `preserved' status of on -site wetlands and buffers (Special Condition No_ 17); evaluation and assistance with mitigation to offset wetland impacts resulting from construction (Special Condition No. 18), installation of staff gauges and photo stations in all wetlands and fieid- location of vegetative transects. Our office will provide interaction with SFWMD Post Permit Compliance Staff allowing this permit to come into compliance until the Monitoring and Maintenance Period has expired. Thank you for considering our office. Should this proposal be acceptable, please sign where required and return one (1) copy to our office along with the initial payment described herein. This will serve as our Notice to Proceed. Should you have any questions, please call (863) 763-8546. Sincerely, ASMUSS ENGINEERING, LLC 4 V _ Loris C. Asmussen, P.E. Principal Enclosures C: ort wroposaLdw • E ENVIRONMENTAL SERVICES PROPOSAL CITY OF OKEECHOBEE — INDUSTRIAL PARK OKEECHOBEE COUNTY, FLORIDA June 5, 2006 I. PROJECT DESCRIPTION Asmussen Engineering, LLC will provide all interaction necessary with South Florida Water Management District (Post -Permit Compliance) to assure compliance with the environmental section of ERP No. 47-00638-P. This includes_ installation of permanent physical markers, evaluation and assistance with mitigation as described in the permit (1.95 acres of enhancement), baseline monitoring, annual monitoring and reporting for the five (5) year period, installation of staff gauges, demarcation of photo stations and vegetative transects and outlining maintenance requirements for the City of Okeechobee. All maintenance activity will be the responsibility of the City. Asmussen Engineering, LLC will provide professional assistance (oversight) with all maintenance activity, at the request of the City, at an hourly rate of $140.00. Prior to commencement of activity, on -site wetlands are to be located (flagged) by a Florida Registered Land Surveyor. This will allow monitoring activity to be initiated. The City of Okeechobee is hereby known as the OWNERiCLiENT and Loris C. Asmussen, P.E. as Engineer of Record or Engineer. 11. SCOPE OF WORK Provide professional environmental services, as described above, to assure that the project comes into compliance with the Environmental Resource Permit issued on August 11, 2004. The activities required 'are described herein and are described in the approved permit. In summary, the Scope of Work includes all activities necessary to allow wetland monitoring and reporting to occur, as outlined in the approved SFWMD permit. As described herein, maintenance oversight (supervision of maintenance activity undertaken by the City) will be at the request of the City and billed at $140.00 per hour. Ill. SUMMARY OF COSTS For this Scope of Work, Asmussen Engineering, LLC proposes to accomplish all professional environmental services (described under Project Description) at the costs shown below. 2 • IV. V VI. Charged items: Installation of permanent physical markers (all wetlands) $ 2,500.00 Evaluation of the status (report) of the 1.95,acres (mitigation) $1,500.00 Baseline monitoring $ 2,500.00 Installation of staff gauges $ 500.00 Demarcation of photo stations and vegetative transects $ 2,800.00 Outline -report on initial maintenance required by the City $ 2,500.00 Data collection and monitoring reports (5 total) $ 2,500.00 (each) This results in a total project cost of $ 24,800.00 or $ 4,960.00 per year for the five (5) year project life. The above costs include all site inspections necessary to evaluate on -going condition of preserved wetlands (including enhancement area). Non -Charge items: Coordination with FFWCC & FWS Water level recording (bi-monthly) and reporting Wildlife observations and reporting Rainfall data collection and submittal using closest rainfall station (SFWMD Field Station) SCHEDULE A revised Work Schedule will be developed in cooperation with SFWMD Post Permit Compliance Staff, since the permitted schedule has not been met. The initial effort will consist of bringing the project into compliance with the approved permit. COMPENSATION Asmussen Engineering, LLC proposes billing following submittal or completion of each of the "charged items" described above. In addition, billing will occur following submittal of each monitoring report to South Florida Water Management District Payment is due within thirty (30) days of receipt of invoice. If CLIENT has not made payment within thirty (30) days after receipt of invoice, interest at 1.5 percent per month will be added. If no payment has been made within forty-five (45) days after receipt of invoice, services will be suspended until Asmussen Engineering, LLC has been paid in full. CLIENT agrees to pay Asmussen Engineering, LLC all reasonable costs, charges, expenses and attorney fees expended or incurred to enforce any provisions hereof. SUBCONTRACTING Asmussen Engineering, LLC reserves the right to sub -contract any, or all, monitoring activities described herein at its disgression and expense. Asmussen Engineering, LLC will provide oversight for any and all sub -contracted activities. In the event that maintenance oversight is requested, Asmussen Engineering will bill the City upon completion of each annual maintenance activity. K3 SIGNATURE PAGE Submitted BY: ASMUSSEN E GINEERING, LLC Az LORIS C. ASMUSSEN, P.E. ENGINEER OF RECORD Date • 6 Submitted To: CLIENT: CITY OF OKEECHOBEE Date: C:WIyDocumeMtsiMONITORING-MAINTENANCE\City-a-OkeechobeelProposal.doc M City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehallaxityofokeechobee-com * * * * *Memorandum * * * * * Date: For June 6, 2006 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report Unfinished Business: • Hurricane issues — Hoover Dike meeting on 5/25 our office has taken the initiative to run with petitioning Congress for additional/fast track funding. We plan to have a resolution for Council action and am coordinating with area Lake communities to develop a joint effort. • Hurricane preparedness — Had a staff meeting 5/30 and EOC mtg on 5/31. Latest forcast info has 17 named storms, 9 hurricanes and 5 intense ones with statisticals indicating increased chance of east coast (ex N Carolina) impact. Our staff meeting (brainstorming) and EOC reviewed the following: ■ Police had a preparedness manual and now the Fire Dept has developed same and Public Wks is working on one ■ Will purchase 2 satellite phones (1-Police, 1-Fire) • One Fire employee to stay at dispatch during storm ■ Emergency employees will provide a written plan for their personal/family ■ Reviewed evacuation and structural abilities of buildings. ■ Reviewed 'public' communication and Councilman Watford's involvement ■ Personnel policies, ex mechanic availability, Fire/Police dispatch to Pub Wks ■ Invite Gene O'Neill to an organizational meeting in my office ■ Solicite non -essentials for help at the Distribution Center • Curfew immediately after the storm to assist in immediate responders On June 7t�' there is a regional conference on Hoover Dike in WPB. • Commerce Center Adron Fence and Holmes Cabinet — As you are aware the City gave up on the grant possibilities and now we are abandoning the joint effort of having Adron Fence orchestrate doing the lakes. Too many issues have arisen, not the least of which is that the City will be doing some wetland maintenance and just as well be excavating the lakes while at the location. Atty Cook to prepare Purchase Contracts pertaining to the following clauses: • w/in 1 yr of closing shall have nec.building permits • shall not sell for 5 years aft issuance of c/o • shall complete construct'n of Lakes as engineered for fill dirt. Note: Adron fence has agreed to purchase the R-O-W and cul-de- sac and Holmes cabinet will be acquiring the east 2 acres of Lot 17 (orig requesting 1.5 acres), with Council approval. Page 1 of 6 • Commerce Park wetland monitoring and maintenance — Had a new revelation about the wetlands provided by SFWMD through Rob't Meyer. He is unable to secure the appropriate SFWMD permitting until such time as the City's wetland monitoring reports as far back as 2004, are complete. Craig A Smith provided an est of $82,500 for the reports and providing maintenance, ex, removed exotics etc. I will be including an alternate from Loris Asmussen Eng. with the City doing the physical maintenance in lieu of contracting it out. The City will already be doing the lakes, and while we have staged our equipment to the area we will be tackling the wetlands also. Meeting with Asmussen on Friday to work on a proposal, and while not listed on the Agenda, there may be a need to add it then. • Lots 4 & 5 in Commerce Park - LBFH engineering contract, for the Park's NW street and infrastructure, is on the Agenda for approval. Jim Orth is working on same. I hope to use Mr. Orth for the Lake development engineering advise, while he is retained for the NW project. • Hamrick — Altho' every effort has been made, no meeting has been scheduled. It is my understanding that within the next week, or so, the City will receive a draft from Atty Michael Hamrick. In the meantime, Main Street evaluation and approval of the Chamber's Xmas/Labor Day festivities approval are being delayed. • Raulerson Case: The City's defense Atty, Allen, Norton & Blue supplied the City with the Court's pretrial deadlines, distributed to you w/ May 16th info. • 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. • Technical assistance grant — As you know the City secured a $10k planning grant from DCA and Jim LaRue has been assisting with the development of the Capital Improvement section of the Comprehensive Plan. Staff supplied draft info for 5-year capital improvements to be used in this process and the budget which was distributed to you w/May 16fh info. Other issues by Dept: City Clerk: • Elections filing period (qualifying week) week is Aug 21 thru Aug 25t' • Pension Board members (City/OUA)— Jamie Mullis, Chairperson (appt'd by OUA) Jess Manson (appt'd by OUA) Jerry O'Bannon (appt'd by City Council) Robin Brock (appt'd by City General Employees) Lane Gamiotea, Secty (appt'd by above Board members) • Attended Family Medical Leave Act workshop and will be at the City Clerk's Conference on June 26-28 Page 2 of 6 Engineering: • Traffic signal at N 441 and NE 9"' St (the entrance to the Commerce Center). As you may have been made aware, regardless of their original notification that the intersection met the signalization requirements... it does not. Met w/ DOT reps, along w/ Rep Machek, on May 26"' and the only commitment we were able to get was that they would review the matter again as traffic increases. This is a setback. If you wish to have a copy, I have the DOT traffic study for the intersection. Flooding and storm sewer management — If you haven't completed a questionnaire in connection with the master plan, pls do so and return it to City staff. Oscar has been reviewing elevations as same relates to the water table, still gathering info. Mathers Engineering Corp, Stuart, will be assisting Oscar in developing some ideas on City course of action to be presented to the Council soon. Finance: Audit — Hoyman, Dobson & Co, has apparently finished fieldwork, but at this late date the City was required to file for an extension with the State. There has been some delay associated with getting the appropriate financials from the Pension Fund, which of course is a component part of the City's financials. I have been less than happy w/ the fact that we continue to receive untimely audit, after being promised last year that it wouldn't happen again. Although I would not mention it now, until we have this audit complete, it's my plan to request proposals for the next audit (the City is finished with a 3 yr contract) The budget process is in full swing. in connection with budgeting, have gathered some wage survey information, but still compiling. One issue that has been brought to my attention since arriving here, is the 10-year'step planas it relates to employees that will (have) reached) the maximum of that plan, working on some resolution of that. Fire: • Code Enforcement — At the May 9t' Code Enf meeting the Board approved a motion urging the Council to retain a full time Code Enf officer. We plan to increase Mr Sterling's hours to 30/hrs/week. Currently he works 18-20. Again, in connection with this the `Magistrate' process to expedite Code (nuisance) compliance issues vs. the current Code Enforcement process is a must! It would be considerably less cumbersome with certainly, much more efficiency. Again, if I haven't talked to you about this, please feel free to express you opinion. • Prohibited si nc� age — Code section 90-563 lists prohibited signs and includes `snipe' signs. We constantly remove `generic' sales signs, but the issue I'd like input on, as we near the elections, is political signs. I know I am inviting criticism, but need a little direction on how hard we should be. • Union: This matter has been delayed to the June 20"' City Council meeting agenda. Sent you the last draft with highlighted areas of dispute and have written back and forth w/ to the Union, again areas of impasse incl: Page 3 of 6 * Art 9, Sec 6, Union wants strictly seniority based call back aft layoff (Mngmnt disagrees) * 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-$75/mo, 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 2756/2080 times other employees of 8 hours a month, less Kelly days variable. *Art 14, Sec 213, 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) General Services: • Katrina gave me the news last Wed that she won't be coming back anytime soon ... what a disappointment! Betty has been nothing less than remarkable as a replacement. I anticipate moving her to the Coordinator's position effective 6/16/06 and hiring a part-time person to fill in, which is what Betty's role was. • Starting in July will move the LPA/PB/BOA to the 3`d Thursday of the month and will essentially combine the agendas. • Independent Inspectors — still no permanent Building Official but they have been covering w/Tom Forbes and John Daum (Inspector). Indep Insp has been interviewing to get a new BO. • Street Sweeping contract — As you know, Charlie's Lawn Service 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. Bid opening is 6114/06 at 3:30PM, and it is hoped action can be taken at the 6/20/06 City Council meeting. • Large Future Land Use Map Amendments — Two proposed developments were presented at the May LPA meeting. The CBC Management Corp (via Close Construction,) mentioned in a previous report, submitted their application for 37.5 +/- acre east of S. Parrott between SE 8th and SE 13th involving Condo and townhouse living units along w/a marina. The second proposal, from H2O1dings, Palm Beach Gardens, is for the development of 19+/- acres north of SR 70 East, across from the Post Office, proposing an all -commercial area without detail as to actual use at this date. Page 4 of 6 0 Police: • Finally got the new police car fleet finished. Big thanks to Robin, Alfred and the Police for that project. Essentially, here's the numbers: $453,432 (new cars (24)) $ 43,200 (equipment for new cars) 444 000 (old cars sold) $ 52,632 (net cost aft receipt of sale proceeds) 20,888 (Interest on financing purchase of new cars (1 yr)) $ 73,520 (net cost) Y3 e- o 4 4 ,r— A-r • Last month statistics — 737 calls, 337 citations161 accidents, and 40 arrests. As you can see, 337 citations represents a concerted effort! Public Works: • Continue digging ditches in the NW and SW. Sprayed all the canals again last Wed. Excavated water retention area at Brentwood entrance. • Street Overlay Proiect — As per successful bidder, Better Road, starting date estimated at mid June. • Baffle Box that was to be installed on SE 4th 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. • Sandbacxrinp proiect — This is a hurricane preparedness issue, but plan to use SW 23"0 St property as the 'staging area' for the project. Other: • City Administrator's Employment Agreement — I have changed the following issues to what Mr. Veach's prior Agreement had: 1. Two year duration vs one year term 2. Termination requires a 4/5 affirmative vote vs. currently a majority 3. Severance pay (if terminated) is 6 months vs 2 months • The City has retained John Spyker, an Insurance consultant, for the past several years at a cost of $10,000/yr. My tho't, last year, was to retain him one more year, to get us through the GRIT suit issues. It turned out that we did not use him. As you know, the City's insurance is through the Public Risk Mangmnt pool and they provide risk management to the City. Scott Harris has done a great job providing health insurance advice. With your approval I plan to severe our relationship with Mr. Spyker. • Railroad crossing at NW 9t�' Av — Oscar, Donnie and I with Leslie Scherr, CSX and they are requesting maintenance compensation from the City, (ex. $1800/yr) for NW 9t' Av crossing as they plan an improvement for that intersection. They did indicate that the City may be able to work out an arrangement where we can lessen that burden by obligating to mowing etc. Mr. Scherr is to mail the City a formal request. Page 5 of 6 • Sent a memo on our Go Health Ins via email to all of you on May 5t', To meet with Scott Harris next Tuesday (6/6/06) re: August 1, 2006 renewal. For comparison purposes, all scenarios, with the exception of Empl/Spouse (9.9%), are up about 8.8% for the identical HMO plan. As you can see, the Blue Options PPO plan is an average of 12.2 % less net (after the employer cost). Last year the renewal quote reflected no increase for the HMO plan and a 6.7% reduction for the BCBS Blue Option PPO. At that time the City Council thought it was appropriate to do a survey of the employees requesting their input. Overwhelmingly (33 - 6) those responding wanted no program changes, sighting slightly higher co pays and certain doctors not being on the PPO list, which translates to lesser, 'out of network' benefits. The most obvious benefit to the PPO plan is the wider'network' and open access to primary care services. Again, this is the first rendition of the renewals. • Royal Concrete Concepts will have a groundbreaking on 6/8 at 11:30am at 1650 Hwy 98 N... RSVP by June 5t" to rsvp(Mvossandessociates.net . • 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 Concunency - 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 6 of 6 • City of Okeechobee 55 SE fd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(&,cityofokeechobeecom * * * * *Memorandum * Date: June 1, 2006 TO: John Cook FR: City Administrator I need to discuss the following issues with you: 1. Executing the Magistrate process for Code Enforcement. The Code Board unanimously voted to make hire a full time Code Officer. I have spoken with Fred Sterling, our current officer and he is willing to increase his hours for 20 to 30 hours/week. In connection with that there will be a higher volume of code non-compliance issues and the need to start the Magistrate process is needed. 2. Speaking of Code issues, I am hearing from Tom and Fred that the City should consider adopting, for example, the 97 Uniform Bldg Code, as a more thorough and uniform Code compliance manual vs the City Code. 3. Commerce Park a. As indicated to you earlier, Adron Fence will be acquiring lots 18, 19 and 20 and the R-O-W and cul-de-sac (NE 1 Vh Court). We need to get this going and it includes a replat, I suppose of the R-O-W area. b. Holmes Cabinet will be purchasing the eastern most two (2) acres of lot 17. Priorhereto the City Council approved the sale of the western most 1. acres. 4. The Building Dept has been requested to approve a canopy for the Raulerson Bldg at SW Park and SW 5`h Av. I've attached diagrams. Essentially they are requesting to approve an encroachment, which of course, they can't do. After some discussion w/ Tom I told him I would give the matter to you. 5. It's my understanding that, in connection with the mural ordinance, there was some unfinished business to address. Apparently we need to have additional ordinance modification to allow the City Design Committee (Planning Bd) to consider and approve murals, as approved by the Council. At the next meeting (June 20'') we need to move in that direction as another mural is being proposed. 10 10 LOCATION MAP SITE DATA 1m .Rua 4tRE5 .DtaN+ NLO. I— w LOlsl 1 m Un. Y 72 IOOi ROO H "AY 4INAf /DIGS /fIMIM Roos a.w �� 1m.L 12.X loon R.[RAu P+DR:a ARu •Antic r2Ra rD+e*Nr mrs • A4lew a14F ONEx 4Rua• )TI. � uxts :r • ..ntlEe FI1r. CIO +M. DCR"In" PoloS.� EReS. RERS, C. OKEECHOBEE UTILITY AUTHORITY 1 a•' r a•' i WATER TREATMENT PLANT r 7 N EP2rOE• E 214&74' --- .Re•Ptm t ;i ue r�1 MINIMUM FINISHED FLOOR AND ROAD CROWN ELEVATIONS LOT N UMB[R NIf N[0 FLOOR ROAD + 14 00 CROW" 2050. 2 24 00 20 .. _ 24.0. " 20 SO 25 00 _. 21 00 5 - 2500 2T 00 a 25.00 2200 > 25 Do 22.00 A 25 00 12 00 11 2500 21 00 o _ 25 DO 22.1. + 2500 22.1. _ +T 2500 _ 22 5. +. 25 00- 22 30 Ss oo use - +S - 22 s0 - +S 2111 22 50 T4 _ +! 14 SD 1+ DO I f , DD 1R ]450 142tt.D0 -. 2 • 2t 11 _ 24 00 2t.DD I GTE: uNIYUr CULVERT DIAMETER - OR ALL ORNEW AY CONNECTIONS 1b 131NCH PROFRE OF CUl ERT SHALL ZONED I ' L NCT BE PLACED HIGHER THAN fWALE--HO:itNG PROFILE aim I I � I I ZONED INDLGRIAL I ° 1 d47T' SHADED AREAS REPRESENT PRDP,y PHASE I uPROVEMENTS. A 44 ACS nxMt J.39 ACS. 4.87 ACS. \ 'ATM � x 3-80 ACs. d! l .� .'R" - r or E 513W 1.92 ACS. '•2.43 ACS. 3.11f ACS.' .•3.27 ACS.CONSERVATION �2 1:pTO y. i TRACT C-1 ACS, 2.49 ACS r' ? �• , .or .: �p .^ r. m..I EXISTING WF;LAND I _ -m..j 13 AC5.1 rn uFn 2.83 ACS. �� verr. RROI Rv'1 tn. I IOD... mn • ' 3.59ACS. - •• /I w.Ylrr R ...�.-••• _ .R.Po® un Stuq .. 3.15 ACS.I. vef'�"r' 7XISTL%ID $,\, Rx(• IN.1[ p :L _ -------_•l ' tNtOr I i r+ P[+txtq' 18 I C 4.D7 ACS. 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WaaI MCNa0 Road-PDFPFq Beach �� CITY OF OKEECHOBEE COMMERCE CENTER DwTaDPt +]BPM SP01 CtIRnC Ai0 12/03 STATEREGISTEREDEN(:INEERND. 05126 �' FkmOe 3]069 (954)782-�2 �///[[[ SITE PLAN STATE OF FLORIpA Fax: (954)7868927E-Mail=7-.Qn-2p, T4 OKEECHOBEE, FLORIDA As sHOWN 00.0986 36 L10 ¢7 W N N ADD sv'c>v kl P�- A `r 'r� Zy�e-f t..'7rOj2 f F2111aK C9 t�IUil.Diuf1 p �� If �07 LFIuv1LAC Q f _g U d o n �! a a I FLOOD ZONE: "X' 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 i AS SURVEYED IN THE FIELD. I FURTHER CERTIFY THAT THIS SURVEY i COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61-G-17-6 BY THE FLORIDA BOARD OF LAND SURVEYORS j PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AND THAT THERE 1 ARE NO ABOVE GROU 7CHMENTS OTHER THAN SHOWN. BY, -� DATE � PROFESSIONAL SURVEYOR AND MAPPER FLORIDA REGISTRATION #6427 i FRED V. REPASS P.S.M. -5.T-E-sT -46' A.� -� .�7 Ae7'Ws5r 5 A-V LEGEND, ■ FOUND CONCRETE MONUMENT -FOUND 5/8' DIA. IRON ROD $ -EXISTING WIRE FENCE -K- -EXISTING CHAINLINK FENCE -EXISTING WOOD FENCE (� -CENTER LINE FFE -FINISH FLOOR ELEVATION PSM -PROFESSIONAL SURVEYOR AND MAPPER R/W -RIGHT-OF-WAY PC -POINT OF CURVE n -DELTA ANGLE L -ARC LENGTH X 0.00 -TYPICAL ELEVATION FIELD WORK COMPLETED, 06/15/05 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 LEGAL DESCRIPTION: LOT 6, BLOCK 166, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 425 SW PARK STREET OKEECHOBEE, FLORIDA SURVEY NOTES: L 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: PHILIP Y. BERGER LORI C. BERGER BIG LAKE NATIONAL BANK MAXWELL & MAXWELL, P-A. ATTORNERYS' TITLE INSURANCE FUND, INC. BOUNDARY SURVEY PREPARED ON THE ORDER OF, BIG LAKE NATIONAL BANK SCALE, DRAWN BY, FILE NO., 1'=20' TMW 06-034-05 • • OKEECHOBEE EMERGENCY RESPONSE TEAM MEETING May 31, 2006 In attendance were: Gene O'Neill of Emergency Management, Connie Thacker of Health Dept., Jim Vensel of ROAD, Lynn Krattiger of Emergency Management, Larry Davis of Agri Civic Center, JT Phillips of Road Dept., Nick Blount of FPL, Lou Zorzi of FPL, Lowry Markham of the City, Gary Ritter of SFWMD, Susan Baker of Okee-Tantie, Brian Whitehall of City, Paul May of Sheriff's Office, Rick Naspretto of Raulerson Hospital, Bill Casian of Raulerson Hospital, Dale LaFlam of Sheriff's Office, Nick Hopkins of Fire Rescue, Shelia Savage of Senior Services, Noel Stephen of Sheriff's Office, Denny Davis of Okeechobee Police Dept., Donnie Roberts of City Public Works, Herb Smith of Okeechobee Fire Dept., Carlyn Hagler of Project HOPE, Jim Rath of Dept. of Forestry, John Hayford of OUA. Predictions - Gene started off the meeting with a few stats from the National Hurricane Center: 17 storms and 9 hurricanes. The east coast has a 64% chance of being hit buy a hurricane. Dike Issue - Palm Beach County is heading the evacuation plan if the dike becomes a concern due to a forthcoming storm. Their main concern is leakage and the main areas of concern are Belle Glade and South Bay. They are having a meeting June 7 h. Our main concern will be traffic and finding room for evacuees. Distribution Centers - Donnie Oden will be the lead for logistics at the County distribution center. The County should get 20 National Guard w/forklift & pallet jacks for 72 hours. Donnie is also looking around the County for more equipment/workers we might be able to use. Ft. Drum will again have their own POD this year. A POD in Basinger is being worked on, if not, we will utilize the Red Cross and Salvation Army to set up stations in Bassinger. Non -essential County Employees — Non -essential county employees will be assigned various positions during a hurricane event. Donnie Oden will be getting with county department heads to fill some of those positions at the POD sites. Damage Assessment — The State needs this done as soon as possible after the storm. Teams of 2 will go down every street & write the status of every house. Sheriff May talked about a 4 hour curfew immediately after the storm winds decline and blocking roads going into damaged areas long enough for first responders to get in there without sightseers. Pet Friendly Evacuations — A bill passed by the House states that pets will be considered in all future evacuations. At this point it is unclear just what "be considered" means. If we have to supply pet friendly shelters we might use the horse barn at the Agri -Civic Center as a shelter for animals. They will have to have their own cages, water & food. Sex Offenders - Sheriff May told us the BOCC is working on an ordinance that will designate a specific shelter for offenders only. They will have to go to that shelter or the jail. Their family or friends will have to go to a normal shelter. Each shelter will have a deputy. Drought Update — Gary told us the Lake is where we want it at, 12'8". • 0 Wildfire Update — Jim told us he has 2 helicopters, 2 strike teams & tractors ready if we need them. Special Needs — Connie told us we have 32 registered special needs patients and registration forms are being sent out. The Health Dept. has a capacity for 125, hopefully Dale from the School Board will be able to take the patients that just need to use their Nebulizers like he did last year. We just don't have enough nurses to man every shelter. We need to find caregivers for our patients who don't have any. The Dialysis Center is trying to get a generator. Rick from Raulerson said they are willing to house the machine if the Center can supply staff to run it. Hazmat Training — Chief Hopkins told us the City & County are going to be certified Hazmat technicians thanks to some grant money. Emergency Management will sponsor the next class in NIMS training (IC 800), which is required by the federal government? Hurricane Conference — The County had a good attendance at the annual conference. Communications Update - Gene submitted a grant application for (10) satellite phones. If we don't receive the grant there is an option to rent them. We should know in the next few days if we will receive the grant. FP&L - Nick Blount of FPL told us right after an emergency crews would be assigned to the EOC. There is a wire down procedure for hazardous conditions. He will meet w/Gene to decide on the 3rd feeder they will work on, the I" is to EOC & 911, the 2nd is to the water plant & hospital. OUA - John from OUA told us they have 8 generators for lift stations. A pump station is installed to bring water from the rim ditch if needed. CITY - City Administrator Brian Whitehall told us they are working on procedures & he will be meeting w/Gene. ROAD - Jim Vinsel from ROAD said they would be ready to help EOC. Hospital -Rick Naspretto from Raulerson told us the hospital is 100% self-sufficient. They can help house police & fire families if needed.