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2006-06-20 Regular MeetingJ CITY OF OKEECHOBEE DUNE 20, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: June 20, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Shawn Berger, Everglades Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 6, 2006 Regular Meeting. PAGE 1OF10 Mayor Kirk called the June 20, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Shawn Berger of Everglades Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. Deputy Clerk Eddings called the roll in the absence of Clerk Gamiotea: Present Present Present Present Present Present Present Absent Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the June 6, 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. 565 566 DUNE 20, 2006 - REGULAR MEETING -PAGE 2 OF 10 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. Permission was granted to introduce Ruby Prieto, a senior at Okeechobee High School. She attended Girls State, sponsored by American Legion. While there she roleplayed as a City Attorney and a member of the House of Representatives. She was in attendance at this meeting to observe Attorney Cook. Mayor Kirk and Council Members welcomed her and commended her on her achievement MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 951 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 951 regarding Rezoning Petition No. Rezoning Petition No. 06-009-R, submitted by Muhammad and 06-009-R, submitted by Muhammad and Shahnaz Nooruddin, property owners, to rezone Lots 17 and 18 of Block 15, Shahnaz Nooruddin, property owners, to rezone Lots 17 and 18 of Okeechobee, from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District; seconded by Council Block 15, Okeechobee, from Holding (H) Zoning District to Heavy Member Williams. Commercial (CHV) Zoning District - City Planning Consultant (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. 951 by title only. Attorney Cook 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 HEAVYCOMMERC►AL (CHV)ZONING DISTRICT; AMENDING THEZON►NG MAPACCORD►NGLY, 11 PROVIDING FOR CONFLICTS, SEVERABIL►TY AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 951. 111 Council Member Markham moved to adopt proposed Ordinance No. 951; seconded by Council Member Chandler. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. This Ordinance amends the Zoning designation on Lots 17 and 18 of Block 15, City of Okeechobee Subdivision, for property located in the 100 Block of Northeast 12t" Street from H to CHV. The application was submitted by property owners, Muhammad and Shahnaz Nooruddin. This application was reviewed by the Planning Board on May 23, 2006. They are recommending approval. There were sixteen letters mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were published. DUNE 20, 2006 - REGULAR MEETING -PAGE 3 OF 10567 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. b) Public comments and discussion continued. The proposed use is to build a physical therapy and fitness center on 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. 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. Mr. Nooruddin was present to answer any questions. There were none. 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 6:10 P.M. VII. NEW BUSINESS. A. Consider Alley Closing Application No. 81, submitted by Elbert R. Mr. Elbert R. Batton, owner of Lots 11 and 12 of Block 92, City of Okeechobee Subdivision, is requesting to close the Batton for the alleyway in Block 92, City of Okeechobee - City Clerk East to West alleyway for additional parking. Courthouse Plaze, LLC, owner of Lots 7 through 10; Baldemar and Maria (Exhibit:2). Medrano, owner of Lots 4 through 6 and Richard and Sandra Laskey, Sr., owner of Lots 1 through 3 have submitted their letters of consent for the alley closing. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Major Peterson and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval due to the fact that the alley was a plus for drainage purposes with the consideration for the Commercial addition, and also until a future Master Drainage Plan is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. Council Member Watford moved to instruct City Attorney to prepare the necessary ordinance closina the alleyway in Block 92 as requested in Alley Closing Application No. 81 and bring back to Council for consideration; seconded by Council Member Williams. Mayor Kirk remarked that we should not ignore Engineer Bermudez's recommendation. Council Member Markham agreed. with Mayor Kirk, but suggested that since the alleyway will be a dead end and that Northwest 3`d Avenue will not likely be opened he could foresee no problems with the request especially since there are drainage ditches to the 568 DUNE 20, 2006 - REGULAR MEETING - PAGE 4 OF 10 VII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. B. Motion to approve Main Street's second mural project - Bridgette Waldau, Mural Committee Chairperson (Exhibit 3). North and West. Council Member Watford remarked that this was a tough one, that it is hard to tell someone we have closed the alleys around them but we are not going to close theirs due to drainage. Administrator Whitehall spoke on behalf of Engineer Bermudez and stated that Mr. Bermudez indicated that the alley was pertinent for drainage of the Commercial Building (Courthouse Plaza), which had been discussed at a previous Technical Review Committee Meeting. It was requested that the minutes from the above referenced Technical Review Committee meeting be presented before the final public hearing. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to approve Main Street's second mural project; seconded by Council Member Markham. Mrs. Bridgette Waldau, Mural Committee Chairperson briefed the Council regarding the first mural and announced that the expected date of completion would be by the end of the month. There will be a presentation of the mural (tentative date being July 10") to honor those who have participated in the art project including 10 local children. She stated that it has been time consuming but rewarding. She then proceeded to inform of the new mural project. It is to be funded by the Okeechobee Historical Society and will be located at 103 Sbuthwest Park Street, (Jeff Robinson Electric). On April 19, 2006, Betty Williamson, President of the Okeechobee Historical Society and property owners, Steve and Wanda Morgan met to discuss the mural. It will incorporate two original doors from the Ice Plant, which had been donated to the Historical Society by local resident Dale Barrett. Plaques will be placed on the building to educate and explain the history of the Ice Plant, which originated in 1918 and was the hub of the community and the catfish industry. The artist chosen for the project is Kathy -Scott, a local artist who also did the City Seal mural located at City Hall in honor of the City's 901" Anniversary. Mrs. Williamson explained that all the funding from the Society is either by donation or "historic" fund raising, such as the sale of books, mugs and reunions. Council Member Watford thanked the Historical Society and Okeechobee Main Street to help preserve our history. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. DUNE 20, 2006 - REGULAR MEETING -PAGE 5 OF 10569 VII. NEW BUSINESS CONTINUED. C. Motion to approve the 2006 Blue Cross Health Insurance Renewal - Council Member Chandler moved to approve the 2006 Blue Cross Health Insurance Contrct Renewal; seconded by City Administrator (Exhibit 4). Council Member Williams. There was a brief discussion in which Administrator Whitehall reviewed the renewal proposal which showed that the employees would have dual options of a HMO or a PPO. Should the majority choose PPO then the City would receive more savings, should all employees choose PPO there would be a 12 percent reduction for the City, and should all choose HMO then there would be a one percent increase. The trend is to make HMO obsolete and only have PPO. Mayor Kirk really liked that there was still a choice. Scott Harris from Blue Cross/Blue Shield will be meeting at a later date with each employee to discuss their option choices and benefits. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Motion to approve a taxi cab permit application submitted by Jose Council Member Chandler moved to approve a taxi cab permit application submitted by Jose and Debra Leon; and Debra Leon - City Administrator (Exhibit 5). 11 seconded by Council Member Williams. Mrs. Debra Leon, applicant and partner of J & D Taxi service was present. She informed the Council that the business has two vehicles at present time. Their intentions are to look for a location so they may open a bookstore and also expand their taxi business. She also suggested to the Council that everyone operating as a taxi service should have to comply with the regulations. Mayor Kirk remarked that we can only enforce those businesses which are located within the city limits. (A-1 Taxi and J & D Taxi are the only two businesses at the present time within the city limits). Council Member Markham asked whether the meters were installed in the cars? Administrator Whitehall answered yes, the applicant submitted the forms that day. He also stated his concern being that this business is in a residential area and what to do with the excess cars needed for the business? It was discussed that the two cars presently in use for the business will be granted permission but should they want to expand they would have to change their location. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 570 JUNE 20, 2006 - REGULAR MEETING -PAGE 6 OF 10 VII. NEW BUSINESS CONTINUED. E. Consider recommendation from the Code Enforcement Board to Council Member Watford instructed City Attorney Cook to prepare the judgement for Case No. 06-008-Zollie Aldridge place a judgment on Case #06-008, Zollie Aldridge and Geraldine and Geraldine Bertram and Case No. 05-089 Shannon Martin; seconded by Council Member Chandler. Bertram and Case #05-089, Shannon Martin - City Attorney (Exhibit 6). continued. The Code Enforcement Board met on June 13, 2006 to discuss the case of Zollie Aldridge and Geraldine Bertram No. 06-008, in which a fine of two hundred fifty dollars per day has been accruing since February 24, 2006 for not having a commercial garbage container. Also discussed was case No. 05-089 Shannon Martin, in which the Council at their January 3, 2006 meeting approved a recommendation made by the Code Enforcement Board to reduce a fine from two thousand, one hundred twenty-five dollars ($2,125.00) to five hundred dollars ($500.00) and this fine is still delinquent. Mayor Kirk stated that legal steps will be necessary to make them respond. Council Member Watford' and Markham asked should the fines be paid before the judgments are processed will they be disregarded? Attorney Cook replied that the process is approximately a week and should payment be received before hand then the judgment may be disregarded. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F. Motion to award the Street Sweeping Bid Proposal - City As advertised, the City received and opened three bids for Street Sweeping on June 14, 2006 at 3:30 p.m. The bids Administrator (Exhibit 7). were: Clean Sweep & Vac, Inc., fifty eight thousand, eight hundred sixty-eight dollars ($58,868.00); Charlie's Lawn Maintenance, Inc., ninety five thousand, eight hundred ten dollars ($95,810.00); Ameri Sweeps, forty thousand five hundred dollars ($40,500.00). There was a bid which had been received at 3:45 p.m. after bid closing. The bid was 11 returned unopened to Sweeping Corporation of America. Administrator Whitehall requested the matter be added to the agenda in order for Council to consider awarding the contract to the lesser of the three proposed bids, Ameri Sweeps in the amount of forty thousand five hundred dollars ($40,500.00). He stated that staff has checked the credentials of this company and they have appropriate references. Mayor Kirk asked whether the contract stated they may be terminated for non performance should it be necessary? Administrator Whitehall replied "Yes". Council Member Watford moved to award the Street Sweeping Bid Proposal to Ameri-Sweeps; seconded by Council Member Williams. DUNE 20, 2006 - REGULAR MEETING - PAGE 7 OF 10571 1 VII. NEW BUSINESS CONTINUED. F. Motion to award the Street Sweeping Bid Proposa continued. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. G. Discussion pertaining to the Fire Union contract - City Administrator. August 2"d, 2005, the City adopted Resolution No. 05-09 recognizing the formation of the Firefighters International Association of Fire Fighters (IAFF). Since that time the Union and the City Staff have been involved with negotiations. The Union agreed to twenty-two items but there are six items not in agreeance, causing an impasse. The six items in impasse are as follows: (1) Recall after layoff (Article 9-Section 6): Note: the following is not agreed to by the Union, but suggested by Management as a compromise: An employee shall be recalled from layoff utilizing a formula based fifty percent on previous employment performance evaluation and fifty percent seniority. 0 Promotions and ability to hire outside of Department (Article 10-Section 1): The following policies shall establish criteria to be used for the examination and evaluation of candidates for promotion to a position classification within the bargaining unit. The promotion policy does not preclude the City from accepting applications and/or hiring outside of the department, (Note: the following is agreed to by Management, as requested by the Union) as long as the standards of Section 9, Article 10, are met and the applicant has held the rank directly below the one being tested for a minimum of three years. (3) Light duty, hourly pay (Article 11-Section 2): The City agrees to permit employees to perform light duty work assignments during periods of temporary disability when such assignments are determined to be in the best interest of the Department and under such conditions as may be determined by the Chief on case -by -case basis, contingent upon prior approval of the City Administrator and the attending physician. Such assignments shall be scheduled on an up to forty hour workweek basis at the employee's normal hourly rate of pay, (Note: the following is not agreed to by the Union): defined as 53/hour work week (annual salary divided by 2756 (53 hrs x 52 weeks). These provisions shall not guarantee availability of any light -duty assignment(s). Determination(s) regarding availability, duration, or conditions associated with light -duty assignments by the Chief or City Administrator and shall not be subject to the contract grievance procedure. (4) Monthly stipends for different special training. City started paying Lt. Cell phone access, recently (Article 13-Section 1): Effective and retroactive to October 1, 2005, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Firefighter/EMT, Lt. Firefighter/EMT, six percent pay increase. Note: The Union wishes the following to be added, which has not been agreed to by Management: In addition to base pay, qualified bargaining unit members shall be paid monthly supplemental, nonretroactive compensation for special training in accordance with the following schedule: Fire Inspector ( no limit) $75.00 /month; Inspector (1) $75.00/month; USAR team member $50.00/month; Officer Stipend $40.00/month. Sick leave (Article 14-Section 1); Sick Leave: (Note the following is not agreeable necessarily, as the Union wishes sick leave at twelve hours accrued per month and current policy is eight hours a month). Ten hours per month at the end of the calendar month (no credit is given for the first month if it is less than fifteen days). 572 DUNE 20, 2006 - REGULAR MEETING - PAGE 8 OF 10 VII. NEW BUSINESS CONTINUED. G. Discussion pertaining to the Fire Union contract continued. Note: This increased benefit commences only on the first of the month following the date of adoption of the Agreement and is not retroactive. (6) Annual leave accrual for retirement purposes (Article 14-Section 3): Section 3: (Note: the following is proposed by the Union and not agreed to by Management); Vacation time will accrue to a maximum of five hundred (500) hours. State statute allows for cashing in up to five hundred hours at retirement. The only exception to receiving more than two hundred forty hours will be for retirement purposes: age fifty-five years or twenty-five years of credited service, or retirement due to disability. Attorney Cook informed City Council of their choices being: waive right for magistrate, get magistrate, or go back and renegotiate. Administrator Whitehall suggested that in an effort to expedite the process, that the agreement be passed by City Council and propose we go without a magistrate. Mayor Kirk stated his dislike that it has taken this long, that he does not want to make a decision detrimental to either side. Administrator Whitehall suggested that a five to ten minute recess be granted so he may meet with the Fire/Union representative to see what their decision would be in regards to waiving a magistrate. Mayor Kirk called for a recess at 7:35 p.m. and reconvened the meeting at 7:50 p.m. Administrator Whitehall remarked that it was an amiable discussion. He wanted to let the firefighters and staff know that the City Council has stated that this is not a bad reflection of the capability of the fire department, that they are a great department, well managed and well educated. The decision relayed from Administrator Whitehall was that the representative concurred to waive the magistrate process and they would like City Council to take action on the contract presented before them. Attorney Cook stated that a notification of the waiver of magistrate would be necessary. Mayor Kirk stated that the retro pay for the six percent salary pay step would be in effect. Attorney Cook stated that this contract must be ratified by the union to be effective. Council Member Markham moved to accept the agreement with the impasse items decided upon, all in favor of Managements objections, and that we are to waive the use of a magistrate; seconded by Council Member Chandler. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford thanked the union leadership for being in agreement. Mayor Kirk complimented both sides on getting along so well. DUNE 20, 2006 - REGULAR MEETING -PAGE 9 OF 10 573 VII. NEW BUSINESS CONTINUED. H. Discuss placing a "No Parking" sign at McDonald's - Donnie Robertson. I. Motion to appoint a voting delegate for the Annual Conference of the Florida League of Cities - City Administrator (Exhibit 8). Public Works Director Robertson stated it was necessary for safety purposes that a "NO PARKING" sign be posted at the McDonald's on Northeast 0 Avenue. Mayor Kirk agreed with Director Robertson. It was discussed that the procedure would be for Director Robertson to post the sign and the City Police would enforce the no parking area. Police Chief Davis stated that should someone park in the no parking designation a fine could be issued. Council Member Watford moved to place a No Parking Sign at McDonalds, Northeast 41h Avenue; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to appoint the Mayor or designee for the Annual Conference of the Florida League of Cities; seconded by Council Member Markham. Administrator Whitehall began the discussion by stating that he attended the Conference last year and would prefer someone else attend this year in his place. He mentioned that City Clerk Gamiotea spoke of an interest in attending last year, but at conference time she had other obligations. In the absence of Clerk Gamiotea, Mayor Kirk remarked that should Clerk Gamiotea not wish to attend or has conflicting obligations that he would attend in her place. Administrator Whitehall was instructed to confer with Clerk Gamiotea and inform Mayor Kirk of the outcome. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 574 JUNE 20, 2006 - REGULAR MEETING - PAGE 10 OF 10 X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. � OTESt:. l / . •vi vV Lane Gamiote , CMC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:00 P.M. The next regularly scheduled meeting is July 18, 2006. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a 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 06/15/2006 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 Al Hughes, Jr., (Publisher) ' Sworn to and subscribed before me this * 5 7 day of A.D. 2006 (SEAL) Notary Public l osealee A. Brennan ,. Commission #DD318483 a Expires: Jun 25, 2008 :7 •. Bonded Thru Atlantic Bonding Co., Inc. CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of City of Okeechobee will meet in Regular Session on Tuesday, June 20, 20K 6:00 p.m., at City Hall, 55 SE 3rd Ave., Rim 200, Okeechobee, Florida The public is in- vited and encouraged to attend. For a ropy of the agenda contact City Administration at (80) 763-3372 x 212.; ' PLEASE'7AKE NOTICE AND BE ADVISED. that if any person desires to .ap- peal any derision made by the City Council with respect to any: matter considered at this meeting, such interested person will need a record of the proceedings, and for such put' - pose my teed to ensure a verbatim record of the proceedings is made, which record in - eludes 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 pro- ceeding shouldcontactLane Gamiotea, no later then two (2) working days prior to the proceeding at 863-763-3372 x 214, if you am hearing or voice impaired, call TDD 1-800- 222-3448 (voice); or 1-88"7-5620 (TTY). by: James E. Kirk, Mayor Lane Gamlotes, CMC, City Clerk PUBLISH 06AS/2006 OKEECHOBEE TIMES Page -1.- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - June 20, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, June 20, 2006, City Council Regular Meeting 6.00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Shawn Berger Everglades Baptist Church; Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. 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 IV. MINUTES - City Clerk. ) A. Council Member moved to dispense with the reading and approve the Summary f Council Action for the June 6, 2006-Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAM MOTION: RRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on toda 's agenda. VI. AYOR KIRK OPENEDTHEPUI3LIC HEIXRING FOR RD • INANCE A •PTl•N AT � P.M. A. 1. a) Council Member moved to read by title only, proposed Ordinance No. 951 regarding Rezoning Pe ion 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 (C V) Zoning District - City Planning Consultant (Exhibit 1); seconded by Council Member ote on motion to read by fide only. VOTE YEA NAY ABSTAIN ABSENT -- KIRK. - CHANDLER_ MARKHAM WATFORD -_ -- --- - - WILLIAM -- c Attorney Cook- read proposed -Ordinance No.951 by fiffe only as follows:- `ANORDINANCE OFTHE CITYOF_OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING_(H)_ZOAUNGDIST4ICT_TO HEAV_Y_COMAERCIAL_(CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY _— - -AND AN-€FFEDT E DAT€: "-_--- - - -- - - - -- - - - _ - - - ----- _ - 3.-ay Counclt -Member-i - q t _ - moveb to --adopt propose-©rdiraryoe No. 951; - seconded by Council Member b)_ .___.Public comments and_discussion__ -_- - -- This Ordinance a► ands-the-Zoning.49signation on bets-4,&throug1v184B1ock 15, Okeechobee-,-for-property _ - -- - located in the 100 Block of Northeast 12t' Street from H to CHV. The application was submitted byproperty - owners -Muhammad ard-ShahnazNoorud- --Thisappiicatranwas- reviewed bythe-Planning-Board"ay -- - 23, 2006. There were sixteen letters mailed to surrounding property owners with no responses. The sign was posted on the property. All advertisements were pub Fished. -- - -- - - -- �L/" ' - --- ---- - -L4C, -- - Vote on motion. VOTE YEA NAY ABSTAIN ABSENT '_ -- -KIRK ---- ------ - -- -- - --- -- CHANDLER -- - --- ------MARKS------ -- ------ _ WATFORD — ----- --- -- L.-WtL MOTION: ARRIED. - MAYOR KIRK CLOSED THE PUBLIC HEARING AT Page -3- VII. NEW BUSINESS. A. Consider Alley Closing Application No. 81, submitted by Elbert R. Batton for the alleyway in Block 92, City of Okeechobee - City Clerk (Exhibit 2). Mr. Elbert R. Batton owner of Lots 11 and 12 of Block 92, City of Okeechobee, is requesting to close the East to West alleyway for additional parking. Courthouse Plaze, LLC, owner of Lots 7 through 10; Baldemar and Maria Medrano, owner of Lots 4 through 6 and Richard and Sandra Laskey, Sr., owner of Lots 1 through 6 have submitted their letters of consent for the alley closing. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Major Peterson and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval due to the proximity of a City drainage ditch, until future development of the area is presented. Administrator Whitehall is in agreement with City Engineer Bermudez. a g G Lt, C J� Page _ -4- - - - B. - Council Member moved to approve- Main-Street's second mural project - Bridgette Waldau, MurafCommittee Chairperson (Exhibit 3); seconded by Council Member r e Q wAip pt& ` l - - -- - - - - -- --- - - ---_- VOTE YEA NAY ABSTAIN ABSENT CHANDLER -MARKHAM - - - -- WATFO_RD L. WILLIAM MOTION:- Page -5- C. Council Member moved to approve the 2006 Blue Crjoss Health Insurance Renewal - City Administrator (Exhibit 4); seconded by Council Member PIP �. 4 �. 4(Lzo VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: ARRIED. _ - Page- g - - - - --- - D. CouncilMember Ld " moved to approve a taxi cab permit appiicafion submitted by Jose a d Debra Leon - City Administrator (Exhibit 5); seconded by Council Member U tl- e 41 et j__ - vt 4-IVA- V,_- re VOTE YEA NAY ABSTAIN ABSENT -KIRK------ - --- -- CHANDLER ARKHAM ---- - - - - NATFORD-_ WILLIAM ---_MOTION Page -7- E. Consider recommendation from the Code Enforcement Board to place a judgment on Case #06-008, Zollie Aldridge and Geraldine Bertram and Case #05-089, Shannon Martin - City Attorney (Exhibit 6). ✓� J' z;-e 6/� C"%)t,Ll&A, owl ILS�2w ^��r��.cvvt-Lyles �- a�*-�Zt`w i VOTE KIRK CHANDLE MARKHAI WATFOR[ WILLIAME MOTION: V Page -9- G. Discussion pertaining to the Fire Union contract - City Administrator. �tcii - /ut M,2 t t- -- ---- ---- JC J_ N R P4ge -11- I. Council Member moved to appoint a voti delegate( fortal Conference of the Florida Le gue of Cities - City Administrator (Exhibit 8); seconded by Council Member r2� kV- V f /M-�- VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM - WATFORD WILLIA MOTI CARRIED. Vill. MAYOR KIRK ADJOURNED THE MEETING AT ND P.M. CITY OF OKEECHOBEE JUNE 20, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 CALL TO ORDER - Mayor: June 20, 2006, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Shawn Berger, Everglades Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 6, 2006 Regular Meeting. .TUNE 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. 2006 - Crry COUNCIL AGENDA - PAGE 2 OF 3 A.1.a) Motion to read by title only 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 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 951 by title only. 2.a) Motion to adopt proposed Ordinance No. 951. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A. Consider Alley Closing Application No. 81, submitted by Elbert R. Batton for the alleyway in Block 92, City of Okeechobee - City Clerk (Exhibit 2). B. Motion to approve Main Streets second mural project - Bridgette Waldau, Mural Committee Chairperson (Exhibit 3). C. Motion to approve the 2006 Blue Cross Health Insurance Renewal - City Administrator (Exhibit 4). D. Motion to approve a taxi cab permit application submitted by Jose and Debra Leon - City Administrator (Exhibit 5). JUNE 20, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. E. Consider recommendation from the Code Enforcement Board to place a judgmenton Case #06-008, Zollie Aldridge and Geraldine Bertram and Case #05- 089, Shannon Martin - City Attorney (Exhibit 6). F. Motion to award the Street Sweeping Bid Proposal - City Administrator (Exhibit 7). G. Discussion pertaining to the Fire Union contract - City Administrator, H. Discuss placing a "No Parking" sign at McDonald's - Donnie Robertson. I. Motion to appoint a voting delegate for the Annual Conference of the Florida League of Cities - City Administrator (Exhibit 8). 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. lqhe Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a in the matter of 7 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues e _f Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworrip. nd subsy •ibed before me this T PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the C? Council of the City of Okeechobee Florida will on Tuesday, June 20, 2006 at 00 p.m. or as soon thereafter pos�ible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING oo and there- after to consider final reading of the following Ordinance into law: NO. 951: AN ORDINANCE OF CITY OF OKEECHOBEE,GIAL ZONING MAPEOF OKEE HOBEE BY REZONING'AMENDING CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZON- ING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEV- ERABILITY AND AN EFFECTIVE DATE. The Ordinance is regarding Rezoning Application No. 06-009-R, submitted by prop- erty owners Muhammad and Shahnaz Noeruddin. The application is to change the zoning designation from Holding (H) to Heavy Commercial (CHV) for vacant prop- erty located in the 100 Block of Northeast 12th Street- Legal description: Lots 15 through 18 of Block 15, Okeechobee, and is approximately 0.327 acre(s). All members of the public are encouraged to attend and participate in said hearing. The proposed Ordnance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours. Man -Fri, 8am-4:3gpm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that a any person desires to appeal any decision made by the City Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk taps are for the sole purpose of backup for official records of the Clerk. in accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the pproceeding at 863-763-3372 x215; it hearing or voice impaired, Cali TOO 1-800-222-3448 (voice) or 1-888-447-5620 (TT ) Lane Gamiotea, CMC, CITY CLERK 140331 ON 619f06 day of A.D. 20 d Notary Public, State of Florida a arge (, L: "r.,I.EC- • • EXHIBIT 1 JumE 20, 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 AN D 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 n City of Okeechobee General Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: t)( Petition No. eY,-00 Fee Paid: l7 , 00 Jurisdiction: � 1st Hearing: �? (�2nd Hearing f �a►} Publication Dates: A�d Notices Mailed: Uniform Land Use Application Rezone • Special Exception - Variance ✓ Name of property owner(s): M u M M fnftb m i) 614AViv< Oo9q D!/ /A% A Owner mailing address: 5 �� 14eaJJ P . Name of applicant(s) if other than owner (state relationship): 5 Ctyy�J I =; Applicant mailing address: C A _ Name of contact person (state relationship): �-%�t j'� �D j A) N` y� Contact person daytime hone(s): [� (� S — 7��� Fax: ✓ Property address / directions to property: Indicate current use of property: YPr C A Ur Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): VIR— Approximate number of acres: : 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: R AWL2t4 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: lU b R ' Is a sale subject to this application being granted? Q - _! Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: aA• Describe adjoining land uses / improvements to the North: South:14+ gam,. East: V i1L��iJ1 West: i'lt�t Existing zoning: Future Land Use classification: Actions Requested: (_) Rezone C) Special Exception (� Variance Parcel Identification Number: 3 ' 3 �' 3S — oO (Q -- 1) () ( — Q o Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisgriMent of up to 30 days and may result in the summary denial of this application. MUfMMm� � tb�f✓ Lj-av- a� Signature Printed Name Date Uniform Land Use Application (rev. 1/03) Page 1 of 2 Current zoning classification:l Requested zoning classification: What is your desired permitted use under th proposed classification: If granted, will the new zone be contiguous with a like zone? Faecial Axception necessary for your intended use? I V d Variance? Describe the Special Exception sought: E. Provide specific LDR ordinance on: r Are there other similar uses in the area? Is! so, describe: J. ry� Why would granting your request be in the best interest of the area and residents? P '. T I O If business, briefly describe nature including number of employees, hours, noise generation and activities to be i�> i �• y> c ~` ` N conducted oujside of a building: ftj & a 1 c4 M" y �' �t`c r� Lj tju-V Describe Variance sought: Describe physical Did you cause or contribute to the What is the minimum variance necessary? makes variance necessary: istic? Is so, describe: Uniform Land Use Application (rev. 1/03) Page 2 of 2 a: • V: - BB 1T RUMVEDtW-S*,Comfttfw S* U d :diWAP916; ZM b Okeechobee County Property Appraiser Last Updated; 4/10/2006 Parcel ID: 3-15-37-35-0010-00150-0170 Owner & Property Info 2006 Proposed Values Retrieve Tax Record Property Card, ::Interactive GI.S Map :; Print 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 Neighborhood JtVACANTCOM Tax District 50 UD Codes Market Area �w DOR Use Code 1000) The DOR Use Code shown here is a Dept of Revenue code. Please contact the Okeechobee County Planing 8 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 Just Value $13,080.02 Class Value $0.00 Assessed Value $7,647.00 Exempt Value $0.00 Total Taxable Value $7,647.00 Sale Date BooklPage Inst. Type Sale Vimp 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 C/o Good) NONE Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd 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 V. PUBLIC HEARING FOR REZONING PETITIONS CONTINUED. B. Rezoning Petition No, 06-009-Rt Consider a recommendation to the City Council to rezone Lots 15 through 18 of Block 15, Okeechobee, from Holding (H) to Commercial Professional Office (CPO), The subject vacant property is located in the 100 Block of Northeast 12' Street. Muhammad and Shahnaz Nooruddin are the property owners - City Planning Consultant. Mr. LaRue briefly reviewed the Staff Report as follows: Planning Staff Report Summary: 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. 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 1.nts 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 Bun oughs moved to considers recommendation to the CityCouncil torezone Lots 17 and 18 of Block 15. Okeechobee, from Holding (H) to Heavy Commercial (CHV); seconded by Board Member Juarez. RBF w/Cap No. 5178 I 1 ROF w/Cap RBF w/Cap I No. 5178 —No. 551-78 ----S89.50'34'E /I --- 1 109.98'(F) 110'(P) / I n (r iTeTEKtf�6TREETT Sm Im LOT, Il JN 2 J LOT 12 1W I O > J a.J> to I Q c 1 0 LOT 13 VACATtr — RBF w/Cap — — No. 5f7B 15' ALLPY 23 I LOT 1 Q ti NB9'57'081E 95.00'(F.P) RBF w/Cap VACAM 2a I Ne. Wll 589.58'48E,'o'14251'(F) 142.5'(P) RBF w/Cap NO- 5170 R8F w/Ca a• A a p LOT 15 No. 5178 VACArrr TREE-. NOT LOCATED -- Q s J y. o �� LOT 16 o in o ti� o ti, S89.30'5l'N 15.02'(F) 15'(PJ^ 21 S89.49'17'M RBF w/Cap N89'58'04'N 142-49'(F) 14Z5'(P) 95.01'(F) 95'(P) No. 5178 2 {IBF w/Cap ,Lq. RBF x/Cap No. 1221 2pA RBF N/Cap No. 5178 5172� 1 .8,E ICI. Fe—I2-fi.,l 6TR�T a" �, EIGT)1'ET3TT1-1 6TREET [P ] y1 5 1 b m ti 70'R/W - ASPHALT 'b'S a RBF w/Cap N89'49'11 f57.53'(F) S5r7.5'(P) CMF No. 5)78 LOT i t I I 0 � �m I J I I� BLOCK 18 sm LOT 16 RBF w HO.1221 I'L e. I I TH 6TFM-T SCALE: 1•- 60' ]JOB .: U5-090-TOP CERTIFY T0: FB/PA5E:6T37NE/26 CALCS: SWD ED. DATE: 3/2/O6 WIAWN: KD/CAD """R"' DRAWING •:2678B(2) REVISIONS: jJ SHEET y� U OF 11 fz�111 W. CIEHAYC6�F'6T1 s 5178LBs6495 60 30 0 60 iiiiiiii SCALE : AS SHOWN TYPICAL. LE—b (WHERE APPLICABLE -SEE DRANIMB) PFM-PERMANENT REFERENCE MONUMENT PCP-PERIUHEMT CONTROL POINT CIF-CCNCRETE NUM NM FOUND CNS-CONCAEIE MOMMENT SET RBF-REBAR FOUND RBS-R EBAR SET w/Cap No. 5178 IPF-IRON PIPE FOUR POL-POINT-ON-LINE UTS-UNTED TELEPHONE SERVICE FPL-FLORIDA POWER C LIGHT CO. (F)-FIELD MEAM (PI -AS PER PLAT (C)-CALC.DISTAMCE (WAS PER DEED S/T-SEPTIC TAN( MM-NANIOLE FC -FENCE CORNER PP -POWER POLE CID'-CORRUS.MET. PIPE TOB-TOP OF BANK RCP-FEINF.CDW- PPE CO -CATCH BASIN —a"—OVENU. LINE NI -WATER METER --je—FENCE LINE UO-UDEMOUN) (0•p ELX=VAT10116 ARE r16t/D, 1929 DATER 0 ?ct• 0 PARCEL ID- LOTS 15 C 16: 3-15-37-35-0010-00150-0150 0 .3 4 PARCEL 1D• LOTS 17 C SB: 3-15-37-35-0010-00f50-0170 0.33 Total acres nearest tenth 0.67 Q RVEYOR rVTM I. BearOps shown are relative assuming N00'OD 00'E along 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 verity 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 original 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 6 Zoning Department. 6. There may be additional restrictions that are not recorded on this survey that may be found In the Public Records. 61RVEY OP. LOTS 15.15. 17 S M 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. OEM DE" IL ��NN1R�a ��..1111�1p1�/�ylT�ym 1LMN7 SU llIl V1Gll UlVUD 606 W. r17RTH PAIN 6TREET bBE£. FL-ORIDA 34972-d 153 PFUM 863-467-8869 FAX d67-8111 • • 1375 Jackson Street, Suite 206 Fort M&, Florida 33901-2845 • Phone: 39-334-3366 Fax: 239-334-6384 Email: larue-planning@att.net Staff Report Rezoning Request Applicant.- M and Shahnaz Noomddin From: Holding To: CHV Petition No. 06-009-R Applicant: Muhammad Nooruddin Petition No. 06-009-R Staff Report Rezoning Request General Information ���� M te r �4 >K�k 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. The applicant wishes to change the property's zoning from Residential Multiple Family (RMF) to Heavy Commercial (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. 16 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 HEARING FOR REZONING PETITIONS CONTINUED. 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 to 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 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 ry 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. buuu - l i aniiiiir, "wax u - 1 QraG -* ui -J HEARING FOR REZONING PETITIONS CONTINUED. Rezoning Petition No. 06-009-R continued. Rezoning Petition No. 06-010-R: Consider a recommendation to the City Council to rezone an unplatted parcel of land shown as the Railroad Grounds, lying within the Plat of the City of Okeechobee from Holding (H) to Residential Multiple Family (RMF). The subject vacant property is located between Southwest 2" and 6' Streets. Frank Altobello is the property owner - City Planning Consultant. 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' Avenues. Steven Dobbs is the applicant on behalf of property owners InSite Development Group -City Planning Consultant. C HEARING - Chairperson. VOTE O'CONNOR-YEA KELLER - YEA LEDFERD - YEA t IV AXWELL - YEA JUAREZ-YEA BURROUGHS-YEA JOHNS - YEA MOTION CARRIED. The applicant requested this item be tabled, along with their Comprehensive Plan Future Land Use Map Amendment Application No. 06-012-SSA. There was no official action taken on this matter. It will be considered at the June 27, 2006 meeting. 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. • • EXHIBIT 2 JUNE 20, 2006 g.; MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk Subject: Alley Closing No. 81 Date: June 15, 2006 Attached is a completed alley closing application submitted by Elbert R. Batton to close the East to West alleyway located in Block 92, between Lots 1 to 6 and 7 to 12. Elbert R. Batton owns Lots 11 and 12. The following owners being: Courthouse Plaza, LLC, Lots 7-10; Baldemar and Maria Medrano, Lots 4-6; and Richard and Sandra Laskey, Sr., Lots 1-6, have signed consent letters to the closing. The purpose of the alley closing is to utilize the area for parking. The utility companies do not require any type of easement, City Engineer Bermudez objects to the alley closing due to drainage problems in the City. Administrator Whitehall is in agreement with Engineer Bermudez. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the July 18, 2006 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Note: if property is in two names by the word "and" both signatures are required (for examA J_i�n end Jane Doe). i,f1�i� S ��_ (� Ca vU" SIG NAT APPLICANT: SIGNATURE OF CO -APPLICANT: Print name: Print Name: The foregoing instrument was acknowledged before me this 11� /�i / /'/)(,0 by ��ht°�f �• (date) 7 and , who is personally known to me or (applicant) (coapplicant) who produced as identification and who did (did not take oath. % Notary Public, Commission N -/ (s gnature/) SHELLYL a (Name of Notary typed, printed or stamped) 1 — U488 KOh7h Imimment Prepared Bf L-WM to: ELY & CONELY, P.A. I W. CONSLY, E% LSQUM ChUcOmW Office Drawer 1367 0 bee, FL 34ML167 SMORdowl J: 3-15-37 3s-0oto-0o92"110 Rn.A } WARRANTY DEED [Premed withod examination of title] Tms4MANTYDEIi;Ihro &&c 13'-dayofNoveaaber,20Ahy1WODOnL. IELCM9X ealladTmhr e,toELBERTR BATTON,whoseaddressis2201 SW 284beek FL34974, calledTira*e': . t -y tWkum used h hie,ThaW cad V mft' induce ,a it puba b uea and ar heim, kd VI'ITNFSSEfH.fi't#<e Grantor, for and in consideration of Ten Dollars and other good and valuable consideration; - _ whereof is hereby acknowledged,he* pnK bargains, sells, aliers, remises, releases, d confmm unto the Grantee, all that certain land situate in Okeechobee County, Florida, AN UN RIMED ONE- II+P MBT IR Lob lland 1%BW92, OBEF,acmdingtothe platSamfmwrded n PlatBodc 5, Page5, public CJ- a Okeechobee Co", Florida. U Thereal proPerty lMrebycomeyed iS Bt the hornesteadproperiy ofGrantor. S*ecttorestrictions,= vationsandammeatofmmd,ifany,whicharenotreimposed hereby, and taxes subs quW to December 31sk 2001. AND the Chrertor does kmby My warrant the We to said Iaad, and adll defend the same against Iawfut dims ofall persons whomsoever. INfWi1WMWHWOF,thesaidGrmhtorhashe MID sethishandandsedthedsyand year6r9above written. nWDORE L MMM 2062 SW Ir Lmhe (�D OR 488110415 00 STATE OR FLORMA LINTY OF OKIECHOBEE �o I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State ta� County afooresaid to take aclmovAedgmeats, personalty appeased THEODORE L. who[ ] is personally bwft to me or [ jpoducedhisRoridmdfpwlic=e as 'on and who a mftd the forgoing b0101e1t and he admowlodged before me that hcsamt imy hand andoffiaal seal is The County and State last aforesaid this L6'fday ofNov eit 2002 �, *\ t�11 o. Z 379972 kakmtm& 4-r x urci o FLED FOR RECORD QI'.EEcoeseCMTr• FL MIDI-4 pK t ki SHARON ROBEITUN CRAK of eswcoditr Courthouse Plaza, LLC. 12450 NW South River Drive, Miami, Florida 33178 Tel: (305) 883-9878 Fax: (305) 883-9788 May 26, 2006 City of Okeechobee 50 SE 2nd Avenue Okeechobee, Florida.34972 Re: Courthouse Plaza — Signature Authorization To Whom It May Concern; J, Miguel A. Jimenez, Jr. am a managing member of the entity, Courhouse Plaza, LLC FEl #34-2043739 and have been a member since inception of 04/12/2005. l am also authorized to sign for this entity, Courthouse Plaza, LLC. Please if you should have any questions or need any other information, I can be reached at (305) 883-9878. Sincerely, Plaza, LLC. State of Flnyid&. County of mtam �. Dam Sworn to (or affirmed) and subscribed before me this Q Cam _ day of M OA,4 , 20 0U. by (Seal) cYNTNEA L WALTZ - MY COMMISSION 0 OD 160202 ''�.:'W'or EXPIRES: RCtober R2. 200e - 1 809+'�N0T/1AY FI. Nnlyy Smnen (�, Bendi,q, lrw Personally Kno Or Produced Identification Signature Printed. Name Type of Identification Produced: ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject 5treevHuey) Cj--)a 6 -P�f - Signature of Property Owner LI X - liv ql� A �iwe.Jt y Jh- Printed Name ��� (IJ4,3A t,LG STATE OF I IOC I CLL- COUNTY OF N OM ( L tCk- Signature of Property Owner Printed Name Sworn to (or affirmed) and subscribed before me this �_ day of Rb't-r-zL14 , 20 0 -0 by A j ,,-a zl� . Y r �v`� NTHEA L. WALTZ (Seal) CYTZ CMMISS10N # DD 160202 22, 2006 ta!/� Nota Signature EXPIRES: October 1A0U3NOTAflY RNotery V/ /J'/PLC. 4�!//!✓! Printed Name Personally knowLn OR Produced Identification Type of Identification Produced Y fro FILE NUM 2005015072 OR BK 00569 PG 0708 54iM ROBERTSORt CLERI OF CIRCUIT COURT OKEECHOBEE COUNTYt FL (EC 071071= O4,091-44 Ph TOB N. c=z, III, ISawn REC INK FEES 10.00 COMMY E OOSSLY, PA. DEED OOC 7M.00 401 B.N. 6th STIM RECORDED BY O Anuez POST DRUM 3367 FL 34973-1367 4,U, t„mm3-15-37-35-0010-00920-0070 Warr *Deed TInuadr1of July 2005 en., BetweenGZDFJ F�= a1LDM R. CANMOH, his wife of the Camly d Q so of Georgia , grantors, ad CODRTHOUSS LLC, a Florida limited liability company Ccu.'f kftu�k o P(aZa, LLL worse sddw & 12450 South River Drive, Miami, FL 33176 .li.� of to Cwmy of Kiami-Dad W r Sm of Florida , untee. WlfBessefh mrthacGRANfOR4 �dmhmd�eaaaf --------------------- DOLLARS ($20)----------------------- DOUARS, and du pod and WW& a hmd Paid by GRAN M 9e =* whnd ie k* ,dmodedged, bane Fmtd, wpioed and 9W b the aid and fdiANT S h m, mtsa and saga bm, hm fohnn desssbed hd, � VgmdWgiB&Cw*af Oka See of Florida mwa Lots 7 and 8, Block 92, BSR, according to the plat thereof recorded in Plat Book 5, 5, public records of Okeechobee County, Florida. � Subject to restrictions, regi Ations and easements of record, if any, which are not reimposed.b,�i�by, and taxes subsequent to December u 31st, 1004. ad Poe Von do hairy t* wa- he A is aid hod, and 03 ddmd he an >pint U& dsms of d posaas wh®ona In Wbesh WBem 4 he Forma Im dw boric nd vah & dry and yat 6oR shave wires. Sgu4suWaddilmedinoarFreheeee: �� Q) •k •MWIN l(!CIO� FILE NUM 2005015073 ,Q®QO OR BK 00569 PG 0709 SHAROEN ROBERTSOH? CLERK OF CIRCUIT COURT rhhDacmumthqudayadRetmt a OtEECHM COUNTY? FL TZ W. con=, M, agorRe RECOW 07/07/2005 0010:56 PH camm a oars. P.a. RECORDING FEES 10.00 401 1r.A 6th rawDE@ DOC �'00 POST DRAM 1367 RECEDED By n Aauez FL 34973-1367 ice° PaaedMN-15-37-35-0010-00920-0090 Waff Deed This Indenture,' this 7th dayof July , 2005 A.D., Between ffiAGDALENE D Y of the Cry of P ` , SUL of Florida , grantor, atd C +�1 coutmu3E P LLC, a Florida limited liability coWany sp whose ttem is 12450 N:II—South River Drive, Nismi, FL 33178 of 4r carry of RTiami-Dad ? , Sue of Florida , grantee. a Witaesseth dstfieGRANTCR ddesamof --------------------- DOLLARS ($10)----------------------- DDUARS, and amer goad tmd wbatble a W Pad by GRANTEE, be m* sdaaof a b=by ad� ba Baled, bmgemed ad aM b de add and GRANTEES kn m ma wed amp bm de S inq dnaW Lad. s W1% 1ftndbftjsdeC=yaf Oka So&of Florida rows L' 9 Q Lots 9 and 10, Block 92, BIB, according to the plat thereof recorded in Plat Hook 5, 5, public records of Okeechobee County, Florida.-^� THE PROPERTY HERErN CONtBY 8 NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. ad fie gaoar data k* At dte we m aid Lod, wed WE dd and so an orim htsfd olima d as P== wam®xs¢ ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following proper! y: n (Legal EY4scription) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: It 11,0A ril //,f t / ✓-, a n k') n ll (Description -h)/�d `/-&) (De cription of �e� Signature of Property Owner r; Printed Name STATE OF I v dC , COUNTY OF Street/Alley) liU'l Y-1y /-) bject Street/Alley) �Oi5 1 5 h1 S �/91DEP?fiR Mc0j?4,✓o Signature of Property Owners Printed Name SHELLY L BATTON MY COMMISSION * DD435473 �7egiwo� EXPIRES: May30,2009 (4071390-0163 Ra da Not" SaMca.can Sworn to (or affirmed) and subscribed before me4his _ L �' day of a 1 20 by (Seal) Y'ap� A SHF: ' LY L BATroN MY con+ M 1SS:ON* DD435473 E''.YI Pc tom: t-y 30.2009 (407)1K.'f. •c, ?a.: nM:sry S.M-- Personally known OR Produced Identification 0 i Notary S. re I�1LWOO Printed Name Type ofldentification Produced I ! da 7 r- ryas ,� �I5- 2-vu" '1)— Ile) .1, . 11 � { Tkh Dommeat Prepared By and Retera to: Thomas A. Barber oI0;BC4 ME ABSTRACT & TITLE IlTSORA a, 1w. 207 NK 2nd Street ok"r1orida 34972 710 0 rar�ID 3-15-37-35-0010-00920-0040 Goff ve Quitclaim Deed FILE NU19 2004011323 OR SK 00534 FG 1621 SWM R08ERTSOF r CLERK V CIRCUIT COURT NEECHOBEE COUNTY. FL RECDIW 06/21/200+4 12:03:23 Fn RECORDIIG FEES 10.00 DEED DOC 0.70 RECORDED BY C Mine ThisQnitcI eed, Madethis 9th dayof June , 2004 A.D., Between RICKM J. Y, SR. and SANDRA H. LASKEY, Co -Trustees of THE T�ASREY REVOCABLE i3G TRUST of at County of Ok , State of Florida , grantons and �Q00, BALDENAR X D an I4kM D. VEDRANO, his wife ti whose address is 203 NWith Street, Okeechobee, FL 34972 of do County of OkeechoN , State of Florida , 6fmtm. WhBesseth that die &,ANMR{Ein tx on ofthe man of -------------------" nTEN DOLLARS ($10)----------------------- DOU.ARS, and other good and valuable consi Pp—GUMRS in hind paid by GRANMES, fix receipt whereof is hereby admowkdged, have granted, bargained and quitclaimed 10 tt- NTEFS and GRANTEES heim sumenors and assigns forever, the fa➢owing described land, situate, tying and being in the County of Okeeee State of Florida to wit: Parcel #3-15-37-35-00i$-,-JN20-0040 _(0 Lots 4, 5 & 6, Block 92, OBEE, according to the plat thereof recorded in Plat Book 51 5, Public Records of Okeechobee County, cl a Florida. The property herein tonvej "'ES NOT constitute the HOMESTEAD property of the Grantor. �� Subject to current taxes, easements and restrictions of record. THIS QUIT -CLAIM DEED IS BEING RECORDED TO CORRECT THAT CERTAIN QUIT -CUM DEED RECORDED IN OFFICIAL RECORD BOOK 404, Ply 428, PUBLIC RECORDS OF OKEECHMEE COMM, FLORIDA. To Have and to Hold the same together wills d and snug k the wommon hotweto bdm&g or in aaywis gTMO 4 and A the OW dA Wk RIONK Jim epq and dim Wm sww of t . eAbQ in kv a ewq for the ase, kxa and profit of do said pad= hmm. In Witness W6ereo4tlm paw have htaeoam se rbe'v bads aaa/� /`// �� � // Shmmi- %mb d And dpHvprM in our n>n mee� 10104041&0428 (} Stamps paid in the uboum of lob o wisF z am 3-15A7,-35-0010-00920-0040Gon o w Deed Thi9 M*this 271i dayof Mach ,1998 AD.. Betwedm MCHARD I ad&WRA H. LA.SKEY, his wife, daicawyd CHOSE sed Fb*W ,pastors, am WOW AIM add HAM D. dlOW0, his wfe. .haeaddroa s3282 SW yet,- OKEECHOBEE, Honda 34974 ofeeawoi OKEECHO sawed Florida , gren W98ELEdh *wkGRWM& ddes®of---------------------- ------ ------------------5-`-fiFN&N01100010.00j------------------- DULLAs. ad Oda pod wd w ablacoasweno y1 in ewa pia by caARFM me rta*.baaof b Weby ubowkW. have rumd, WwM and sold m da aid i GRAnW' brad and amp Imer. de WbM dmwbed had. suns. lying and b ft indx coon y of OKEEC sm d Florida io sra: Lots 4, 5, & 6, Block 02,,-,,�OpKEECHOBEB, according of the plat thereof recorded in Plat(k 5, Page 5, Public Records of Okeechobee county, Flori : Subject to'restrictions, �� tions and easements of record, if any, and taxes subsequ4rI99t3. wdme yams do haeby �r inmetmeadeoaid bud >oa �defadde Ia w1fim - Oe arum bane hitm Q befff p Wb=N - Am wrwM - iseaq RMJLM. Addam IMS+E'3 teLO �BPi.R. YNA v � t • T ALLEY AND/OR STREET C� OSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the-) effollowing properly: tl Q l G (Legal Q; scription) (Legal Description) and do hereby consent (agree) to the closing of alley and/or street described below: -C CI 0 a�4 014LNn(-4 Description of S�bj c treet/Alley) of S,#ibject treet/Alley) Lv+s Printed Name STATE OF COUNTY OF (:)t—fI -C4( — Sworn to (or affirmed) and subscribed before Signature of Property Owner Printed Name ,p SHELLY L BATMN MY COMMISSION N DD435473 ��f07 no EXPIRES: May3O.2009 (407)39"153 Said. NoWy SarW-- 5 /17/v& rpdc.td- FL is (::�)s day of In by i (Seal) g°�•}Y�►,(`( SHELIYLBATTON MY OOMMISSION i� DD435473 _ of {a/r�y Sig u re 7ry� EJCp1RE5: M,y 39.2009 , ) (40%1�-0153 FlWde Nowt°°m J Printed Na i :t Personally known OR Produced Identification Type oldentification Produced a ov �sU -39-A 113 -� Let5b-k) R 7. 06 0, B m0405 P035b Quib&W Deed �4 ) 1)Onxl11161da1j1 Staab paid In the dfl101fl1t al P l 30" ) .' Gins c ul II�biB Tax paint in the memi Wa8m7Oa ) of Rit3iM , Stl and ) - Z� SAIMMAIL` ) of ant date 1933SE31A ) ` . Oi ember* 34974 ) Parr IA 93- 35-WI04MD-ODIO ) U�� sr,��ovgAoaoea Deed made on MARA 10 for c 1; MM 1 LWWOWSANDRA EL LASW, his wik d u * Rmisey Release and QoiWM to Riff M I LAMP, SR. AND SAAmRA A LAS MY, Tr or tkeir gown in trust, mk the Uaff UvRio 7RW dated February 2� 1998, and :� thet+eto, prith fidl palver end a>>thorilY � coasaxve and to sa or to (case aW* m ber sad otherwise manage aid dispose -of seat real property - desaW ham, purl m on 689.071, Florala Star,, whose address is 1935 SE 31st Street, Okeechobee, Floridaa =oridiL heir it reA in and to dre following described real property in theCountyofawcd o* LOTS 1, Z 3, 4, 5, and b, BUM RECORDED INPLAT BOOK 3, i FLORIDA.. immmm= _ -KRAe4fi�is��►1 � PA"Name CIOW I 1:0 A1' 1 I IffiffAMIN9a II I., X 14 39)�4'1 1 1t V:(#,Ilf IN ff O's v O .. Qww SSMAw. o14=21 t ! GIWMsstim6n �= a) Pad Nu w 3.221715 0130 00130 OOIU { J i is9-i7oa v` a tIP" too ���c 550 . _., WARRAM DEED - ([jam kdentife rnede this' day of October, 19". BETWEEN BIG NATIONAL BAND a Florida banking oar"ation of 1404 &Parrott i7rolwedtobee, Florida 34974 GRANTOR•, Mod j A. LASiEY, his wife, _} RICM.ASIEY®SANDRA of 607 &W. 141b Street. Olsecobobee, Flom& 34974 GRANTEE•, _ {f77i1fES5`ETH, That s tor. for and in consideradon of the sum of TEN AND WIWS (S10.00) Dollars ^ and olhergoodandvaloablekr- oastosaidpoorinhodpaidbysaidtr►tce,thereceiptwheeofisbercby wbawlodged,basgraeted, t'MOWS and sold to the and locus fote+►er the following descnbed land located in the County of Ok tate of Florida, to -wit: Tr attached for legal description) �= OMMON t} spaldlntheamounlot pVV h C!t r1c n1Ct�xtt L�'� o Cautt it — date n�. L5l - y and said gmrtor does hereby fully warrant the tide to said will defend the saga: against the lawN claims of a0 persons whomsoever. •Simgalw and plural we aeembangeable as context requires. ITV WnWFSS WHMOF, Grantor has hereunto set grantor's band and seal this day and year fast above a<' writte AAMI BIG LAKE NATIONAL BANK' LJ COUNTY OF OKEECHOBEE STATE OF FLORIDA _z z __._» a s_ .� :..i� .hf...r(lr►nfvr 1094by JOE G. M0"S. p6LoQA-IEE! P&&c ,e .{4- 3-)0'K wi� Authorized Signature Typed Name & Title Phone No. Date Su L4ettQr akn [ion Ins �� Authorized Signature Typed Name & Title Phone No. Date �wrc�2F= orized Signature Xf"J,Fk e Typed Name & Title,, John /7c= jd �K Typed Name �Title L Cl�c'�IjvL r%i�aldA® Phone No. Phone No. 3�j-oe Date e uired Only For citV of Okeechobee & First Ad. ition to City of Okeechobee 5ubaivisions: ��� 1q. c. e, - T2''--,� - 74 3 3 /SI/ 2-22-061 Authorized Signnate Typed Name & Title Phone No. Date 0 • March 21, 2006 Ms. Shelly L. Batton Lakeview Builders, Inc. 200 NW 51h Street Okeechobee, Florida 34972 Dear Ms. Batton: John A. Hopkins 555 Lake Border Dr. FLAPKA0305-3006 Apopka, FL 32703-5815 I am in receipt of your letter of February 22, 2006. Sprint -Florida, Incorporated has no objection to the closing of the alleyway which you describe in your letter and illustrate in the attachments. Please call me should further discussion be needed. Yours truly, John Hopkins Real Estate Manager 407-889-1627 Dare R bertsm, RkaC baits Di,e� char Bennxbz, Citr-mmulax Typed Name & Title Typed Name & Title t Rtmmm, Dior Typed Name & Title I-b-b anth, Fim Chief Typed Name & Title Typed Name & Title 4PPLICATION APPROVED BY: (Ma', J—Q�J" I5lao LA E GAMIT EA, CITY CLERK DATE 6 /3 0G Date Revised W3/03-1 0r�) • Memorandum To: Lane Gamiotea, City Clerk - From: Oscar Bermudez, Engineer Date: June 13, 2006 Re: Alley - Closing application from Elbert R. Batton. 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. In the approval of this Commercial addition the alley was consider a plus issue for drainage purposes. 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. 199ii�i3i� 333 0, 111111 ,mull ERIC0 11011 IMM0=1 • ALLEY CLOSING NO.81 SURROUNDING CLOSED ALLEYS i 2 8:,: 3 2 7 15 5 4 3 2 t 6 5 4 .3 2 7 6 5 a 3 2 1 L 3 6 7 7.891. Itl 789 11 789 11 1 _ 9 m N , 6TH ST 70 Y a , g 3 27 �5 5 4 3 2 1 6. 5 4 3 2 l 6 5 4 3 2 1 F 7 L 5 8 111 17 89 10 tt l 7 8 9 111 9 NE 5T' ST 70� O4 _ ^ 5 3 2 1 t.0 5 a 3 2 t 6 5 4 3 2 1 a7 8 911 RH a = Q NE 4TH ST (100') a Q o 2 C 5 3 2 1HlQ 6 5 a 3 23 j-- dq 76 11 W 7 8 9 tt1 Z 7 8 Z E D ST 70 z a 4 2 t 5 3.IJ 0 5 a 3 2 1 6 5 4 3 21 6 5141312111 3 lo' 6 5 Z 8 11 7 8 9 111 7 8 91 117 7 8 9 1 ttl j b 8 Ktr aun CT o SW 4TH ST (100') ���7�l�SE 4?}I s3 ta) t 1""rYTiii_nin... ?lt�.-TIA'7 0 0 ExulBIT 3 JUnE 20, 2006 CITY OF OKEECHOBEE (863) ?63-3372 AGENDA rrEkt REQUEST FORM Please mail or bring completed form tu: City of Okeechobee City Administrator's Office 55 SE 711 Avenue Okeechobee, Florida 34474 01 1 AI(t(A— �� utfl- ,k- DDRE :it FAX (863) 7634686 1 m�'! r ' FAX: TELEPHONE:T M'FETTN G: REGULAR SPECIAL IJ WORKSHOP O DATE: PLEASE STATE IME ITEM yoU WISII To ILkyE PLACED ON THE CITY COUNCIL AGENDA: — 4 PLEASE STATE WHAT DEPARTNIENT(5) YOU HAVE WORKED Wff.0 THITS FAR: PLEASE STATE DESIRED ACTION BY 1TRE CITY COUNCIL: pLE,ASESL7mwsximPEiiIMENTWORMATi+ON CONCERNMG YOUR REQUEST AIND IF PRESENTATION Li TO BE MADE, PLEASE STATE HOW 1AVI EI TIME YOU ARE REQUESTING: SIGNED BY, EXHIBIT l- • • JUNE 20, 2006 City of Okeechobee 2006 Blue Cross Health Insurance Renewal Comparison HMO Plan 4 Blue Outions 1748 Provider Network Bluecare Network Blue Maximum Benefit Unlimited $5,000,000 Basic Care, Preventive and Diagnostic Care Open Access to Primary Care/ Specialists? No Yes Test Approval Required? Yes No IM, GP, FP, Ped OV Copay $10 $10 Specialist OV Copay $10 $20 Adult Physical Benefit Maximum no stated limit $250 Independent Clinical Lab Copay (Quest) $0 $0 Ind Diagnostic Testing Facility Copay $0 $50 Prescription Copays 7/20/35 7/20/35 Physician Services Received Outside of the Physicians Office (surgeons IP visit ER Anesthesia Radiology Pathology) Calendar Year Deductible $0 $0 in network/ $500 out of network Coinsurance (% you pay, in network) 0% 0% of negotiated fee Coinsurance (out of network) 100% 40% +bb in excess of BCBS allowance Hospital Services (Varies by Hospital under BlueOptions- Option 1 Hospital/ Option 2 Hospital/ Option 3 Hospital) Hospital Inpatient Co Pay/admit $0 $250/500/750 Out Patient Surgery/Test Copay $0 $100/200/300 Emergency Room Services Copay $50 $50 Amb/DME/HHC/Injectable Drug $0 deductible/coinsurance Therapy Copay $0, 60 days ded/coins, $2500/ year Maximum Out of Pocket Expense on Covered Charges/Calendar Year (protection from unbudgetable medical expenses) in network / out of network On Ded/Coins/Non-rx Copays $1500 $1500/ $3000 Blueoptions non -participating provider benefits access the Blue Cross Traditional network to access pre -negotiated fee and no balance -billing provisions with providers that do not participate in Network Blue. Expenses with providers who are not under any contract with BCBSFL are subject to the BCBSFL "MAP" (Maximum Allowable Payment), which is lower than actual charges. • • City of Okeechobee August 1, 2006 Blue Cross Health Insurance Rate Comparison Present Rates Renewal Rates Dual Option Renewal Alternate HMO HMO HMO Blue Options Plan 4 Plan 4 4 1748 Employee Only (48) $438.00 $476.36 $441.52 $382.32 Payroll Deduction $0 $0 $0 $0 Employee/Spouse (6) 936.50 1029.40 913.95 791.41 Payroll Deduction 428.50 483.04 402.43 339.09 PD % Change 12.7% (6.1 %) (20.9%) Employee/Children (9) 790.88 860.15 830.06 718.78 Payroll Deduction 282.88 313.79 318.54 266.46 PD % Change 10.9% 12.6% (5.8%) Family (1) 1299.38 1413.19 1401.83 1213,87 Payroll Deduction 791.38 866.83 890.31 761.55 PD % Change 9.5% 12.5% (3.8%) Annual Total (64) $420,724 $458,354 $426,588 $369,392 $ Change $37,630 $5,864 ($51,332) % Change 8.9% 1.4% (12.2%) Employer Cost* $349,824 $379,284 $352,527 $307,062 Employer Cost $ Change $29,460 $2,703 ($42,762) Employer Cost % Change 8.4% 0.8% (12.2%) *Employer cost is calculated as 100% of employee only plus $70/ month for 16 employees with dependent coverage. Blueoptions benefit advantages (compared to the HMO) include: No "Primary Care Physician" designation, no referrals required to visit specialists and no authorizations required for tests and surgeries. Out of (Network Blue) coverage is provided and members can access the BCBSFL Traditional network to secure pre -negotiated fees and no balance -billing. There are no geographic boundaries to accessing healthcare services. Nationwide coverage is included. Members can use the PPO networks of out of state Blue Cross plans and receive the in -network benefit level. Out of state hospital claims are paid at the tier two benefit level. Out of state BCBS plan networks can be accessed through bcbs.com. Claims with providers that do not participate in Network Blue or the Traditional network are subject to the BCBSFL "Maximum Allowable Pavment (MAP)". MAP is significantly lower than retail charges. The Florida provider networks can be reviewed by visiting the Blue Cross website at bcbsfl.com. Click on the link to "Provider Directory", then click on the "Plan" drop down menu and select the network you are interested in; Bluecare HMO, Bluechoice PPO or Blueoptions/Network Blue. Choose one or more of the other options to search by County, provider type or name. 2. 3. 4. 5. 6. II City of Okeechobee • 55 SE 3rd Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 Fax: (863) 763-1686 APPLICATION FOR TAXI CAB BUSINESS PERMIT Applicant's Name: Uc -1 ExnIBIT 5 JUNE 20, 2006 Applicant's Address: L- L) 4 NJ _ u-'). I '1--S F L > 73 LlCA Q a How long at above address: a e c;" Telephone Number: -Z G' If to corporation or, 1ar n .rs(h�i3 ,` _list names and address of all officers or partners:: &I, f i Ll klj C,�- 14i 'G+i ec Length of time applicant has resided in the City or County of Okeechobee: Give description of all experience applicant has in the transportation of passengers: List any facts which prove that public convenience and necessity require granting a Number of vehicles to be operated by the applicant under this permit: ;I-- 9. List the year, make, model and VIN# of each vehicle to be used as a taxi cab: JC''%CA gviC.\!C«h�1 Ja(A�1- r ► D T iS `7 j 10. Address of proposed depots and terminals (Please indicate the zoning of each address listed): 1,CLI 1' - Lit C= C V-10� , E L : -2149 0 q 11. Color scheme or insignia to be used to designate vehicles of applicant, attach picture of vehicle: \(2h,ekec G 12. List all persons who have an interest in this business: L ecn ) � Revised 09/08/03 Page 1 L 13 14 List residents of Okeechobee as references. Give length of acquaintance with each Give the name, address and phone number of all business connections or employers within the last six years: — �; o x ` . �')t Q b -A -- ni-Jlri ._ loreTl �rnN i—i r'f n a r,ll r�� 1 �C - i i_ clr-t ec 1 - r)17 �uvm�'M Give all previous addresses within the last five years: Cld,nij, Location of main office: k;,0 .j t\N,�:? y�-�h 4 -E��� � Explain all driving citations applicant has received within the last five years: Explain all accidents the applicant has been involved in within the last five years: 19. Indicate days and hours of operation of each location: Le " on Arc, 20. Driver's license Numbers for all employees (attach a copy of driver's license): ebr-c, r✓ L- L S00, -- ) `i 7 v u ZLly - 0 �c e - FL- L 5 Q W-�Ll?>-- C1511 C 21. Attached is a copy of applicant's fingerprints: V Yes No 22. Attached is a copy of applicant's physical, within the last two years: \/ Yes No 23. Does applicant have liability insurance to meet the following minimum requirements: ,,/ Yes No (must attach a copy of policy). a) For bodily injury to one person, $100,000.00 b) For bodily injuries to more than one person arising out of the same accident or event, $300,000.00 c) Property damage, $50,000.00 24. No taxi cab driver's permit shall be issued to any person under the age of eighteen (18) years. A permit maybe refiised to any person who has, prior tot he date of the application for such permit, been convicted, pleaded guilty or forfeited bond upon being charged with any one of the following offenses: Revised 09/08/03 Page 2 a) Operating a`T1iotor vehicle for purposes of sale of intoxicating liquor; b) Illegal possession for purpose of sale of intoxicating liquor; c) Illegal sale of intoxicating liquor, drugs or controlled substances; d) Illegal transportation of intoxicating liquor, drugs or controlled substances; e) Transporting persons for immoral purposes; f) Any crime involving moral turpitude which, in the opinion of the City Council, renders such person unfit to operate a motor vehicle for the transportation of person for hire. I certify that the answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for a taxi cab business permit. > f ' /, �+--, - / , , GrNl� Applicant's Signature Date POLICE DEPARTMENT'S USE This application for a taxi cab permit was reviewed, and passed inspection on 20 mac'. Police Department Signature (Attach the vehicle inspection report) Date GENERAL SERVICES USE The application fee 50. OCR dollars has been paid on this -� day of 204(,O_. This application will be reviewed by the City Council on , 20ffa This application was approved or disapprove . Attached is a copy of the permit issued by the Mayor of the City of Okeechobee and expires on ,20 -6enerOY'—Ces Signature Date Revised 09/08/03 Page 3 June 13, 2006 - CEB Regular Meeting - Page 4 of 5 AGENDA 906-125 Chad Jenkins & Adelin Hauser 1104 SE 8' Drive 11 #06-008 Zollie Aldridge & Geraldine Bertram 1208 S. Parrott Ave. P Chp 30 Sec 30-41 Disabled vehicles & Chp 30 Sec 30-44 General cleaning Fine has accrued for over ninety days CODE BOARD ACTION Code Officer Sterling testified Case #06-125 Jenkins and Hauser were repeat offenders for disabled vehicles, overgrown grass and debris in yard. He stated he was continually receiving complaints on the property. Member Hancock moved to find Case #06-125 a repeat offender of Chp 30 Sec 30-41 and 30-44 imposing a fine of one hundred dollars per day beginning the day notification is received or posted; seconded by Member Revels. Worley - Yes Castorina - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried Member Hancock moved to recommend City Council consider placing a judgement on Case #06-008 Zollie Aldridge and Geraldine Bertram for the two hundred and fifty dollar per day fine which has been accruing since February 24, 2006 for not have a commercial garbage container. Worley - Yes Castorina -Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried Code Officer Sterling gave an update on the status of cases currently being fined. Chairperson Worley reviewed the cases to decide if any action was necessary at this time. During this discussion it was brought to the boards attention that Case# 05-089 Shannon Martin had a reduced fine of five hundred dollars which was not paid. Member Castorina moved to recommend City Council consider suing for the five hundred dollar fine plus costs and attorney fees; seconded by Member Montesi. Worley - Yes Castorina - Yes Montesi - Yes Revels - Yes Hancock - Yes Motion Carried 0 • Exn[BIT 7 JUNE 20, 2006 Bid Tabulation Sheet Street Sweeping Bid Opening Bid No. PW-04-05-05-06 Bid Opening: June 14, 2006 at 3:30 p.m. Comnanv Name Clean Sweep & Vac, Inc. PO Box 2149 Palm City, FL 34991 772-288-5111 Charlie's Lawn Maint., Inc. 402 SW Yd Street Okeechobee, FL 34974 863-763-1412 Bid Amount $58,868.00 Annually $95,810.00 Annually Curb Mile Parking Lots $ 33.50 $ 35.00 $ 55.00 $ 50.00 Ameri Sweeps $40,500.00 Annually $ 23.93 In annual 2740 SW Martin Downs Blvd. Palm City, FL 34990 772-221-9040 One bid received at 3:45 p.m. returned unopened to Sweeping Corp of America Posted on June 15, 2006 at 3:30 p.m. To be Removed on June 19, 2006 at 3:30 p.m. • • EXHIBIT 8 JUYE 20, 2006 801h Annual Conference Florida League of Cities, Inc. August 10-12, 2006 Jacksonville, Florida It is important that each municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipal voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 This agreement is entered into by and between the City of Okeechobee, Florida and Local #2918 International Association of Firefighters on ARTICLE 1 PREAMBLE Section 1- It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any dispute involving the interpretation or application of this Agreement, and to set forth herein basic and full conditions of employment. There shall be no individual or separate agreement(s) containing provisions contrary to the terms provided herein. Section 2- For the purpose of this Agreement, the singular shall be deemed to include the plural, the masculine gender shall be deemed to include feminine gender, whenever the context requires. Section 3- The term "Department' shall mean the City of Okeechobee Fire Department. The term "Chief' shall mean the Chief of the City of Okeechobee Fire Department. ARTICLE 2 RECOGNITION Section 1- The employer recognizes the Union as the sole and exclusive bargaining agent for those employees of the City of Okeechobee Fire Department holding positions included in the bargaining unit as set forth in certification number 639, issued by the Public Employees Relations Commission. ARTICLE 3 UNION ACTIVITY Section 1- The City will not encourage or discourage membership in the Union by discrimination in regard to hiring or other conditions of employment. Section 2- The Union, its members, agents, representatives, or any persons acting on behalf of the Union are prohibited from soliciting any bargaining unit employee during working hours of such employee. This section shall not be construed to prohibit the distribution of literature during the employees' lunch hours or in places not specifically devoted to the performance of the employees' official duties. ARTICLE 4 BULLETIN BOARD Section 1- The City shall provide six (6) square feet of wall space at the station staffed with full- time employees to accommodate a Union bulletin board, white board or other appropriate fixture for the purpose of displaying Union notices. Such fixture shall be provided at the sole expense of the Union. PgIof12 ARTICLE 5 DUES DEDUCTION Section 1- The City agrees to deduct Union dues from the pay of bargaining unit members who individually request in writing that such deductions be made, in an amount certified to be current by the secretary/treasure of the Union. Probationary employees shall not be subject to union dues deductions. The total amount of deductions shall be remitted monthly by the City to the secretary/treasurer of the Union. A properly executed copy of such authorization for dues deductions shall be delivered to the City before payroll deductions are made (Exhibit "A!'). Such authorization is revocable at will upon thirty (30) calendar days written to the City (Exhibit "A"). Section 2- The Union shall indemnify, exonerate and save harmless the City from any claims and/or judgments against the City as the result of Union dues deductions. In the event that a claim, action, suit, or proceeding is brought by an employee, person, firm, or corporation against the City, as it relates to payroll deduction of dues, the City shall give written notice thereof to the Union by registered mail addressed to City of Okeechobee Fire Department, C/O the president of the local union. The Union shall defend said claim, action, suit, or proceeding at its own cost and expense without expense to the City, even if such claim, suit, action, or proceeding is false, groundless or fraudulent. Settlement of any such claim by the Union shall be subject to prior review and approval by the City. Section 3- The City shall not collect Union dues in arrears and shall not become involved in any collection of fines, penalties or any special assessments. Written request from the Union to change the amount of dues deductions shall be implemented by the City within thirty (30) calendar days of receipt. ARTICLE 6 COPY OF AGREEMENT Section 1- One copy of this final executed Agreement shall be supplied to each fire station staffed with full time employees and to the Union president. ARTICLE 7 MANAGEMENT RIGHTS Section 1- All inherent and common law management rights, powers, authority, prerogatives and functions which have been expressly modified, restricted or limited by a specific provision of this Agreement including, but not limited to, unilaterally determining standards of service to be offered to the public by its constituent operating areas, exercising control and discretion over its organization and operation, directing its employees, taking disciplinary action for proper cause, contracting and sub -contracting work and relieving its employees from duty because of lack of work or for other legitimate reasons are hereby reserved and vested exclusively in the City. For purposes of this article, the phrase "for proper cause" shall mean consistent with City policy, procedures and regulations. Pg 2 of 12 Section 2- The exercise of such rights shall not preclude employees or their representatives from raising grievances in the event that management's action has the practical consequence of violating the terms and conditions set forth outside this Article of this Agreement. ARTICLE 8 STRIKES AND LOCKOUTS Section I- Neither the union or any other bargaining unit employee shall participate in a strike against the City by instigating or supporting, in any manner, a strike, slowdown, stoppage or any other interference with the normal operation of the City. Any employee who participates in a strike in violation to this section shall be subject to immediate dismissal in addition to any other penalties provided in s. 447.507, Florida Statutes Section 2- The City shall not participate in an employee lockout. ARTICLE 9 SENIORITY, LAYOFF, & RECALL Section I- As used herein the term "department seniority" shall be defined as the period of continuous employment with the City of Okeechobee Fire Department; the term "rank seniority" shall be defined as the continuous employment with the City of Okeechobee Fire Department as a Firefighter/EMT, or Firefighter Lieutenant. Section 2- Department seniority shall be accrued from the date of employee's first day of employment through the date of an employee's last day of employment, except as provided herein. Rank seniority shall be accrued the date of employee's first day of employment in a specific job classification through the date of an employee's last day of employment in the same job classification, except as provided herein. Section 3- Department seniority and rank seniority shall terminate; (1) upon the 13-month anniversary date of employee's layoff, (2) upon the effective date of an employee's resignation or (3) upon the effective date of an employee's dismissal. Accrual of department seniority and rank seniority shall be suspended for the period of any disciplinary suspension(s) without pay or unpaid leave of absence, excluding family medical leave authorized pursuant to City policies, procedures and regulations. Section 4- In the event of a departmental reorganization, any demotions shall occur in inverse order of rank seniority within the classification(s) affected, i.e., the Lieutenant with the least rank seniority shall be the first demoted to firefighter, etc. Layoffs shall occur in inverse order of department seniority within classification(s) subject to layoff. Section 5- An employee that is demoted due to reorganization or reduction in force shall be compensated at his pre -demotion pay rate or at maximum pay rate established for the job classification to which he is demoted, whichever is lower. An employee shall be promoted to the position from which he was demoted due to reorganization or reduction in force in the event the position is subsequently re-created, unless period is greater than 1 year, then filling of position will be handled in accordance with current promotional guidelines. Pg3of12 Section 6- Note: the following is not agreed to by the Union, but suggested by Management as a compromise: An employee shall be recalled from layoff utilizing a`formula based 50%;on previous employment performance evaluation and 50% on seniority. Notice of recall shall be provided by certified mail to the employee at his last known mailing address. It shall be the responsibility of the employee to notify the Chief of any change in address which occurs while on layoff. The employee shall be awarded fourteen (14) calendar days from the date of mailing to accept the recall offer in writing. In the event the employee declines or fails to accept the recall offer within this period, the employee shall thereafter be ineligible for recall. ARTICLE 10 PROMOTIONS Section 1- The following policies shall establish criteria to be used for the examination and evaluation of candidates for promotion to a position classification within the bargaining unit. The promotion policy does not preclude the City, from accepting applications and/or hiring outside of the department, Note: the following is agreed: to by Management, as requested by the Union as long as the standards of Section 9, Article .10., below, are met and the applicant has held the rank directly below, the one being tested for minimum of three years. Section 2- The Chief shall develop and administer all testing criteria, and all examinations shall be impartial and shall relate to those matters which will fairly test the candidate's ability to discharge the duties of the position for which he is testing. An employee's relative standing on a promotional eligibility list shall be established by compiling the scores, weighted as indicated, in the following categories: 1. Written examination........... 2. Oral examination ............... 3. Performance evaluation...... . 4. Physical Agility 5. Length of service ............... one -quarter (1 /4) one -quarter (1 /4) one -quarter (1/4) one -quarter (1 /4) used as a tie breaker Section 3- Examination materials shall consist of materials related to the duties to the position and shall be consistent with the City. A list of text and references, upon which the examination is based, will be included in the examination announcement, along with acquisition information. Section 4- The oral examination shall be given by a minimum of a three (3) member panel chosen by the Chief. All members of the panel must have working knowledge or educational knowledge at least equivalent to an A.S. degree in fire rescue services. If a member of the panel is of the same rank as being tested, the member must have held that rank for at least three (3) years. A list of panel members will be given to the Union when study materials are issued to the candidates. If the Union has any questions about the qualifications of the panel, the Chief must be notified in writing within five (5) working days after receipt of list, identifying the specific questions. Section 5- Promotional examinations shall be conducted as required to meet the needs of the Department. Pg 4 of 12 Section 6- Announcements for promotional examinations shall be posted in the fire station at least fourteen (14) calendar days prior to the closing date for applications. An applicant's eligibility to take a promotional examination will be determined on the basis of eligibility criteria established in the pertinent classification description. Applications received after posted closing date will not be considered. Section 7- The relative standing of all candidates for promotion shall be posted at the fire station within ten (10) days of the date on which examinations and evaluations are conducted. Section 8- A newly promoted employee shall serve a probationary period of six (6) months; said probationary period may be extended up to additional six (6) months at the sole discretion of the Chief. Section 9- To be considered a candidate for a Lieutenants position, the employee must have a minimum of three (3) years experience with the City of Okeechobee Fire Department as a professional paid firefighter or a total of five (5) years in the fire service as a paid professional firefighter. If there is not more than 1 qualified person for the promotional exam the chief may change the considerations for the position being tested. Section 10- No position shall be left open for more than ninety (90) calendar days. ARTICLE 11 HOURS & LIGHT DUTY Section 1- Employees whose positions are in the bargaining unit of the effective date of this Agreement shall be organized into three (3) platoons, each working, for the purpose of payroll purposes, an average fifty-three (53) hour work week and an eight (8) kelly day year based upon twenty-four (24) hour shifts commencing at 0700 hours and continuing to 0700 hours the following day. The 24-hour shift beginning/ending hours may be adjusted from time to time at the Chief s discretion. Section 2- The City agrees to permit employees to perform light duty work assignments during periods of temporary disability when such assignments are determined to be in the best interest of the Department and under such conditions as may be determined by the Chief on case -by -case basis, contingent upon prior approval of the City Administrator and the attending physician. Such assignments shall be scheduled on an up to forty (40) hour workweek basis at the employee's normal hourly rate of pay, Note: the following is not agreed to by the Union: defined as 53/hour work week (annual salary divided by 2756 (53hrs X. 52'weeks)) These provisions shall not guarantee availability of any light -duty assignment(s). Determination(s) regarding availability, duration, or conditions associated with light -duty assignments by the Chief or City Administrator and shall not be subject to the contract grievance procedure. ARTICLE 12 SHIFT EXCHANGE Section 1- A bargaining unit employee, with prior approval of the Chief and at the sole discretion of the Chief (or in the Chiefs absence, the officer in charge), may exchange shifts with another Pg 5 of 12 bargaining unit employee when the exchange does not interfere with the proper operation of the Department. ARTICLE 13 PAY COMPENSATION Section 1- Effective and retroactive to October 1, 2005, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Classification Firefighter/EMT 6% pay increase LT. Firefighter/EMT 6% pay increase Note: Ae Union wishes the following to be added which has not been agreed to by Management: In addition to base pay, qualified bargaining unit members shall be paid monthly supplemental, non - retroactive compensation for special training in accordance with the following schedule: Fire Inspector (no limit) $75.00/month Inspector' (1) $75.00/month USAR team member - $50.00/month Officer Stipend $40.00/month Section 2 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/1/2) times his regular hourly rate of pay for all hours physically worked in excess of 212 hours during each 28 day work period. Section 3 - A bargaining unit employee shall report for duty, as directed, upon receipt of an emergency call-back notice, authorized by the Chief or other officer -in -charge, to assist with an existing or impending emergency. Except as excused by the Chief, or other officer acting on the Chiefs behalf, refusal to report for duty following receipt of an emergency call-back notice shall constitute insubordination warranting disciplinary action up to and including dismissal from employment. Section 4 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/1/2) times his regular hourly rate of pay for each hour worked [minimum two (2) hours] as the result of his response to an emergency call-back notice (excluding scheduled work hours). Compensable hours shall begin upon the employee's receipt of such notice, excluding response time in excess of 15 minutes. Section 5 - Step up pay, in the absence of the shift officer at the Station, the Chief will designate a senior firefighter to fulfill the daily functions (as determined by the Chief) of the officer (additional to their own). The Firefighter that the Chief designates, will be compensated an additional $1.00/ hour, if Fire Officer One Certified (FOOC), $.50/hour if not FOOC, for each hour they are fulfilling the duties of the absent officer. This pay will be figured at the end of each twenty-eight (28) day cycle. The Step up pay will only be available when the following items are applicable: the absence is NOT caused by any type of Shift Exchange or Swap -time and the absences will be for a minimum of eight (8) consecutive hours. It is understood, there will be times that a firefighter will fulfill the daily functions of the absent officer, without additional compensation. Pg6of12 Section 8 - A bargaining unit employee shall be compensated [minimum two (2) hours] for off -duty mandatory attendance at departmental staff meetings and off -duty mandatory court appearances stemming from acts within the employees scope of authority subject to the provisions of Section 7 herein. ARTICLE 14 ANNUAL & SICK LEAVE Section 1— Annual and Sick Leave accrual shall be described as follows: Annual Leave: Less than 10 years of service - 12 hours per month 10 Years to 14 Years of service - 16 hours per month 15 years or more of service - 22 hours per month Maximum Accumulation/Payment: 240 hours Sick Leave: Note: the following is not agreeable necessarily, as the Union wishes sick. leave at 12 hours accrued per month and current policy is 8 hours a month.. 10.5 hours per month at the end of the calendar month (no credit is given for the first month if it is less than 15 days) Note: This increased benefit commences only on the first of the month following the date of adoption of Ithis Agreement and is not retroactive. No credit in any month during which employee is out 128 hours or more, with or without pay (workers compensation is the only exception). Maximum Accumulation: None Payment of unused sick leave 50% with at least 10 years of continuous service & upon leaving the City in good standing Section 2 - Provisions relating to use, accrual and compensation upon termination for vacation and sick leave, shall be as established by City policies, procedures and regulations except as modified herein. Section 3 Note: the following is proposed by the Union and not agreed to by Management: Vacation time will accrue to a maximum of 500 hrs. State statute allows for cashing in up to 500 hours at retirement. The only exception to receiving more than 240 hours wn11 be'for retirement purposes: age 55 years or 25 years of credited service, or retirement due to disability: ARTICLE 15 INSURANCE Section 1— The city shall maintain Medical insurance for the employee ARTICLE 16 PROFESSIONAL DEVELOPMENT Section 1 - Employees shall be entitled to reimbursement for travel expenses associated with professional development seminars, courses, etc., at which attendance is required by the City, in accordance with the provision of s. 112.061, F.S. Pg7of12 Section 2 - The City may pay the cost of tuition, books and related materials associated with attendance at approved job -related non-credit professional development seminars, courses, etc. Such seminars, courses, etc. shall be offered by recognized fire and/or emergency medical agencies and shall be subject to approval by the Chief. Any standard set by City handbook dealing with education will apply. ARTICLE 17 UNIFORMS & PROTECTIVE CLOTHING Section 1 - Uniform items and protective clothing for structural firefighting required to be worn by employees during the performance of their duties shall be provided by the City, without cost to employees, except as provided herein. Section 2 - Each employee shall be provided with one (1) fire helmet, one (1) hood, one (1) SCBA face mask, one (1) turnout coat, one (1) pair suspenders (if required), one (1) pair of gloves, one (1) turnout pants, one (1) pair of fire boots, five (5) uniform shirts, five (5) uniform pants, one (1) uniform belt, one (1) jacket with removable liner and, (1) cap. Protective clothing for structural firefighting shall comply with NFPA Standard(s) 1971, 1972, 1973 and/or 1975 at the time of purchase. Each employee's surname, in two (2) inch (minimum) reflective letters, shall be affixed to the back of their turnout coat below the normal position of SCBA equipment. Section 3 - A uniform or protective clothing item provided in accordance with this section shall be replaced without cost to the employee upon a determination by the Chief that said item is no longer in serviceable condition. Section 4 - Each employee shall be responsible for maintaining his uniform and protective clothing items in a neat, clean and presentable condition at the fire facility to which they are assigned. Inspection and inventory of uniform and protective clothing items shall be conducted at the discretion of the Chief. Employees shall be responsible for the cost of replacing any uniform and/or protective clothing item for which they cannot account at the time of said inspection and inventory. Section 5 - Uniform, protective clothing items and all other property belonging to and provided by the City shall be relinquished to the City within twenty-four (24) hours of an employees termination of employment. The replacement cost of any item not relinquished in accordance with this section shall be withheld from the employees final payroll check. ARTICLE 18 COMMUNICABLE DISEASES Section 1- Employees shall be afforded immunization against Hepatitis B and testing/prophylactic treatment deemed medically advisable following exposure to Hepatitis A, B or C, Tuberculosis, HIV, Meningitis or any other communicable diseases at no cost to the employee. ARTICLE 19 RETIREMENT Section 1 - The City shall maintain current retirement system. Pg8of12 ARTICLE 20 RULES AND REGULATIONS Section 1 - Bargaining unit employees shall comply with all City policies, procedures and regulations including, but not limited to, those policies, procedures and rules contained in the current Okeechobee City Personnel Policy Manual which are not in conflict with the terms of this Agreement. In the event of such conflict, the terms of this Agreement shall take precedence. All such policies, procedures and regulations (and any revisions thereto) shall be readily available for review at all times at each full-time manned fire station. Section 2 - New or revised policies, procedures and regulations shall be distributed to bargaining unit employees at least two (2) weeks prior to their effective date, except in the case of an emergency or in response to a mandate by an agency with regulatory jurisdiction. Section 3 - The Union hereby acknowledges that non-compliance with City policies, procedures or regulations which are not in conflict with the terms of this Agreement may result in disciplinary action in accordance with same. Section 4 - There is hereby established an Employee/Management Committee (EMC) which shall consist of four (4) members. Two (2) members shall be appointed by the Union and two (2) members shall be appointed by the Chief. This committee shall meet at mutually agreeable times, but not less than semiannually. The purpose of this committee will be to discuss matters conducive to improvement of employee/management relations including, but not limited to, interpretation and clarification of applicable policies, procedures and/or regulations. Meetings shall be conducted on an informal basis. This committee will function in an advisory capacity only. Copies of all understandings shall be furnished to the City Administrator's Office for review and approval, prior to implementation. ARTICLE 21 DISCIPLINE AND DISCHARGE Section 1 - The Union acknowledges that discipline is essential to the efficient and effective operation of the City and that the right to discipline and discharge its employees is a management prerogative which shall be governed by City policies, procedures and regulations except those expressly modified by a specific provision of this Agreement. The City agrees that, until such time as the following terms are defined and/or redefined by City policies, procedures and regulations for purposes of ensuring proper employee discipline, the following definitions shall apply: Abuse of paid leave/ Two (2) consecutive or four (4) or more incidents of unscheduled excessive absence(s) - compensated and/or uncompensated absence from duty during any 12-month period, excluding absences certified by a licensed Florida physician to be medically essential. Willful inefficiency - Failure to perform assigned tasks within a specified time period without reasonable justification in the sole judgment of the Chief. Unauthorized release Release of information exempt from disclosure pursuant to of Chapter information - 119, F.S. Pg9of12 Motor vehicle violations - Violations of state law or local ordinance relating to the operation of motor vehicle. Job abandonment - Failure to report to the Chief within 24 hours of any unauthorized absence from duty OR, any unauthorized departure from duty prior to the end of a scheduled duty tour. ARTICLE 22 GRIEVANCE ARBITRATION Section 1 - As used herein, the term grievance shall be defined as a dispute between the City and a bargaining unit employee, or group of bargaining unit employees, involving the interpretation or application of this Agreement. Grievances, including those stemming from discipline and discharge actions, shall be processed in accordance with the procedure established herein. A dispute involving the exercise of any right of the City and/or its officers with respect to the management of its operations, not expressly limited by a specific provision of this Agreement, shall not constitute a grievance as defined herein. Section 2 - STEP 1 - The grievant shall complete and submit an executed Grievance Form (Exhibit "B"), a copy of which is attached hereto and made a part hereof, to the Chief within five (5) calendar days after the occurrence which gave rise to the grievance. The Chief shall copy the executed Grievance Form to the President of the Union and all members of the Employee/Management Committee (EMC) within twenty-four (24) hours after its receipt. The Chief and the President of the Union shall schedule a meeting of the EMC, to be conducted within ten (10) calendar days after the Chief s receipt of the executed Grievance Form, to consider the grievance. If the EMC determines that the grievance has merit, it shall attempt to facilitate a final resolution of the grievance within ten (10) calendar days after said determination. If the EMC cannot facilitate a final resolution of the grievance, the EMC's findings and recommendation(s) thereon (including specifically the section(s) of this agreement determined to have been violated) shall be provided to the grievant, the Chief and the President of the Union within five (5) calendar days after such attempt. Thereafter, the grievance may be pursued to STEP 2 of this procedure. If the EMC determines that the grievance is without merit, it shall provide written notice of such determination to the grievant, the Chief and the President of the Union within five (5) calendar days after same. In the event the grievant chooses to pursue the grievance further, the grievant shall be solely responsible for his attorneys fees and costs associated therewith. STEP 2 - If the grievant decides to pursue the grievance beyond STEP 1 of this procedure, he shall submit it and all related documentation and evidence as defined herein below to the Chief within five (5) calendar days after issuance of the EMC's finding and recommendation(s) for resolving the grievance. The Chief shall then have five (5) business days to submit all City documentation and evidence to the grievant. The Chief, or his designee, and his representative, if applicable, shall meet with the grievant and the grievant's Union representatives to discuss the grievance within five (5) business days following the aforesaid exchange of documentation and evidence. The Chief shall render a written disposition on the grievance to both the grievant and the President of the Union within five (5) business days after the STEP 2 meeting. If said disposition does not satisfactorily resolve the grievance, it may be pursued to STEP 3 of this procedure. Pg 10 of 12 STEP 3 - If the grievant decides to pursue the grievance beyond STEP 2 of this procedure, the grievant and the Chief shall submit it and all related documentation and evidence as defined herein below to the City Administrators Office within five (5) business days after the STEP 2 disposition by the Chief. The City Administrator, or his designee, shall meet with the grievant and the grievant's Union representatives to hear all evidence relating to the grievance within five (5) business days after its receipt. All evidence relating to the grievance shall be submitted; the term evidence is herein defined to include, but not be limited to, a listing of the name(s), address (es) and telephone number(s) of all witnesses, accompanied by a detailed summary of the testimony to be offered by each and a copy of each document which the parties intend to offer into evidence. The City Administrator, or his designee, shall render a written disposition on the grievance to both the grievant and the President of the Union within ten (10) business days after the STEP 3 meeting. If such disposition does not satisfactorily resolve the grievance, it may be pursued to STEP 4 of this procedure. STEP 4 - If the grievant decides to pursue the grievance beyond STEP 3 of this procedure, he shall submit a written Notice of Intent to Arbitrate to the City Administrator's Office within five (5) calendar days after the STEP 3 disposition by the City Administrator, or his designee. Section 3 - If the parries cannot jointly select an arbitrator to hear the grievance within five (5) business days after issuance of a Notice of Intent to Arbitrate, the Union shall request the Federal Mediation and Conciliation Service (FMCS) to provide the parties with a panel of seven (7) arbitrators (Florida residents) from which an arbitrator shall be selected. Within ten (10) business days after receipt of the FMCS panel, the parties shall meet or confer by telephone to select an arbitrator. Upon such meeting or conference, the parties shall be entitled to alternately strike prospective arbitrators (one at a time) from the FMCS panel until only the arbitrator who will hear the subject grievance remains. Section 4 - The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the parties in the presence of each other. Evidence and arguments, which have not been submitted for the record at STEP 3, shall not be submitted to, or considered, by an arbitrator. Section 5 - The arbitrator shall be limited to the interpretation and application of the specific terms of this Agreement. An Arbitrator shall not have the authority to render a decision on any matter not submitted for arbitration; nor the authority to substitute his judgment for that of the City Administrator on matters solely within the purview of the City Administrator pursuant to Florida law and/or City policies, procedures and/or regulations; nor the authority to interpret or apply this Agreement in a manner which changes what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract; nor the authority to add to, subtract from, alter, amend and/or modify the terms of this Agreement. Section 6 - The arbitrator shall attempt to render a decision on the grievance within thirty (30) days after conclusion of the arbitration. The arbitrator's decision shall be in writing, shall set forth the arbitrator's rationale and conclusions on the issue(s) submitted and shall be final and binding upon the parties to this Agreement. Any award of back pay provided in an arbitrator's decision shall be reduced by the amount of compensation that would not have been earned by the grievant, subsequent to the date the related grievance was filed, had the basis for the grievance not arisen. T_ 1 1 _C 11l Section 7 - The time limits set forth in STEP 1 and STEP 2 of this procedure may be extended by written mutual agreement between the Chief and the President of the Union. The time limits set forth in STEP 3 and STEP 4 of this procedure may be extended by written mutual agreement between the City Administrator and the President of the Union. Section 8 - Except through extension(s) as provided herein, failure of the Union or the grievant to adhere to the time limits set forth in this procedure shall constitute a waiver of the entitlement to pursue a grievance further. Except through extension(s) as provided herein, failure of the City to adhere to the time limits set forth in this procedure shall entitle the Union or the grievant to advance to the next step. Section 9 - Each party shall bear the cost of its own witnesses, representatives, transcripts, photos, etc. However, fees and expenses of the arbitrator shall be borne equally by the parties. ARTICLE 23 CONSOLIDATION OF DEPARTMENTS Section I — Should City and County Governments seek consolidation of the departments all union employees shall be maintained as employees'. ARTICLE 24 SEVERABILITY Section 1 — If any provision of this agreement should be declared invalid by any court action, state law of federal law, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 25 DUTY SCHEDULE Section 1 — The schedule will remain 24hrs on and 48hrs off. Section 2 — The City shall post a monthly schedule at the fire station prior to the first day of the month to which the schedule applies. When schedule is modified it will be posted as soon as possible. Section 3 — The City shall maintain three EMT/firefighter II state certified firefighters on shift at all times. ARTICLE 26 APPENDICES AND AMENDMENTS Section I — Any/all appendices and amendments of this Agreement shall be numbered or lettered, dated, and executed by the parties hereto. ARTICLE 27 DURATION Section 1 — This agreement shall be effective on the date of execution by both parties, and shall remain in full force until the 30'h day of September, 2006. Each party shall notify the other of its intent to renegotiate all or part of this Agreement on or before May 0, 2006. Pa 17 of 17 Exhibit " A" AUTHORIZATION TO DEDUCT UNION DUES I hereby authorize Okeechobee City Finance Office to deduct Union dues from my payroll checks and remit same to IAFF local 2918 in accordance with the terms and conditions of the current CBA. Name ( signature ): Name ( print ): Date: REVOCATION OF AUTHORIZATION TO DEDUCT UNION DUES I hereby revoke my previous authorization for Okeechobee City Finance office to deduct Union dues from my payroll checks, effective immediately. Name ( signature ): Date: Name ( Print ): Exhibit " B " GRIEVANCE FORM Grievant ( print ): Date of occurrence giving rise to this grievance: Date Filed: Description of occurrence giving rise to this grievance ( provide COMPLETE description, i.e. date of occurrence, witness (es ), etc.; attach additional sheets if necessary ): Article (s) and Section (s) of CBA alleged to have violated: Requested remedy: Grievant ( signature ): Grievance received by: Date: STEP I Date copied to President and EMC members by Chief: Date considered by EMC: STEP 2 EMC determination: Date of notice that grievant intends to pursue grievance to STEP 2: Date of STEP 2 meeting: Chief ( signature ): Date: STEP 3 Date received by City Administrator's Office: Date of STEP 3 meeting: STEP 3 determination: City Administrator ( signature ): STEP 4 Date: Grievant hereby provides Notice of Intent to Arbitrate this grievance pursuant to Article 25, Section 3 of the CBA. Grievant ( signature): Date received by City Administrator's Office: Date FMCS panel requested: Arbitrator ( name ): Date selected: