2004-10-04 Regular MeetingII. OPENING CEREMONIES:
Invocation by Pastor Sam Vuleta, First 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 D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
Melisa Eddings Deputy Clerk
IV. MINUTES - City Clerk.
CITY OF OKEECHOBEE
OCTOBER 5, 2004 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Council Member Watford offered the invocation in the absence of Pastor Vuleta;
Pledge of Allegiance led by Mayor Kirk,
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Before the proceedings commenced Mayor Kirk read a letter he received from the International Institute of Municipal
Clerks (IIMC), and extended congratulations to City Clerk, Gamiotea, for achieving her Certified Municipal Clerk
status.
A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
Council Action for the September 17, 2004 First Budget Hearing, the September 17, 2004 First Budget Hearing, the September 21, 2004 Regular Meeting and the September 28, 2004
September 21, 2004 Regular Meeting and the September 28, 2004 Emergency Special Meeting; seconded by Council Member Williams. There was no discussion on this item.
Emergency Special Meeting.
F�
1
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 2 OF 7 115
"COUNCIL ACTION -DISCUSSION - VOTE
IV. MINUTES CONTINUED.
VOTE
A. Motion to dispense with the reading and approve the Summary of KIRK -YEA
Council Action for the September 17, 2004 First Budget Hearing, CHANDLER -YEA
the September 21, 2004 Regular Meeting and the September 28, MARKHAM -YEA
2004 Emergency Special Meeting continued. WATFORD - YEA
WILLIAMS - YEA
V. AGENDA - Mayor. MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items to today's agenda. New
agenda. III Business items "E" and "F" were added.
VI. UNFINISHED BUSINESS.
A. Review draft copy of proposed Noise Ordinance - City Attorney Attorney Cook presented the Mayor and Council with a proposed Ordinance and advised that they could consider this
(Exhibit 1). for first reading.
Council Member Watford moved to read by title only and set October 19, 2004 as a final public hearing date
for proposed Ordinance No 875 enacting noise and vibration regulations: seconded by Council Member
Markham.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 875 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING CHAPTER 30, ARTICLE 111 CODE OF ORDINANCES; ENACTING NOSE
AND VIBRATION STANDARDS TO REGULATE, AND PROHIBIT CERTAIN NOISE AND VIBRATION LEVELS,
PROVIDING MEASUREMENT OF SUCH STANDARDS; PROVIDING FOR ENFORCEMENT OF SUCH
STANDARDS, PROVIDING FOR EXCEPTIONS TO THE STANDARDS; PROVIDING FOR REPEALING OF
PROVISIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE."
116
VI. UNFINISHED BUSINESS CONTINUED.
A. Review draft copy of proposed Noise Ordinance continued.
VII. NEW BUSINESS.
A.1. a) Motion to read by title only and set October 19, 2004 as a final
public hearing date for proposed Ordinance No. 874 pertaining to
Rezoning Application No. 04-008-R, submitted by David and Anita
Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee,
from RSF-1 to CPO - Planning Consultant (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 3 OF 7
COUNCILACTION DISCUSSION" -VOTE..:
Council Member Watford moved to approve the first reading of proposed Ordinance No. 875; seconded by Council
Member Chandler.
The outcome of the discussion is that the ordinance is be enforceable. However, the areas to be worked out is the
understanding of the measurement of sound permissible and the level in which it becomes a violation. The ordinance
allows an officer to use their discretion to determine what is an unreasonable level of noise and a warning will be given
before a citation is administered. Council authorized Attorney Cook to amend the ordinance adding language,
authorizing police officers to close a business who refuse toguiet down after warnings and citations have been given.
This amendment will be included at the final public hearing Attorney Cook is to also check with the County regarding
the skate board park hours of operation.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to read by title only and set October 19, 2004 as a final public hearing date for
proposed Ordinance No. 874 pertaining to Rezoning Application No. 04-008-R, submitted by David and Anita Nunez,
rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from Residential Single Family - One to Commercial
Professional Office; seconded by Council Member Chandler.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 4 OF 7
F;
.:AGENDA COUNCIL ACTION -DISCUSSION - YOTE
VII. NEW BUSINESS CONTINUED.
A.1. c) City Attorney to read proposed Ordinance No. 874 by title only. City Attorney read proposed Ordinance No. 874 by title only: "AN ORDINANCE OF THE CITY OF OKEECHOBEF
FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF
LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1)
ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE
ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE "
2. a) Motion to approve the first reading of proposed Ordinance No. 874. III Council Member Chandler moved to approve the first reading of proposed Ordinance No.874; seconded by Council
Member Markham.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
b) Public comments and discussion. Kelly Hill of LaRue Planning, read the following memorandum, "On September 28, 2004 the City's Planning Board
recommended the CPO zoning district for this rezoning request. This was the best alternate rather than the CLT zoning
district, which was the original request. The applicant was present and did not object to this. Staff felt that the CPO
District, being more restrictive for various uses allowed, was the most suitable for this transitioning neighborhood."
Planning Staff Report Summary: The subject property is currently zoned RSF-1 and a Future Land Use category
change to Commercial is pending for this property. The applicant is requesting a rezoning from RSF-1 to Light
Commercial. However, following the review of the Planning Board, the applicant does not object to changing from CLT
to CPO. The applicant is proposing to build a professional office building.
Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan
requirements for Commercial. However, if the current applicant is requesting a zoning change to be most compatible
with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is specifically
authorized under the Zoning District in the Land Development Regulations. (3) The proposed use will not have an
adverse effect on the public interest. An office use will not have an adverse effect on the public interest in the and
117
118
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 5 OF 7
OU / I 0 , D
_. AGENDA >s ,� C NCIL �CTi N = ISCUSSI01-I4TE
VII. NEW BUSINESS CONTINUED.
A. 2. b) Public comments and discussion continued.
c) Vote on motion.
B. Discussion pertaining to the 2004-2005 Community Budget Issue
Requests (CBIR'S) - City Administrator (Exhibit 3).
Is not contrary or detrimental to urbanizing land use patterns. The zoning as requested is not as appropriate as CPO
for the location proposed. CPO zoning would be more compatible with adjacent land uses. Office use is not contrary
or detrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The proposed zoning,
if CPO, will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or
development of adjacent properties. Some uses, however, within the CLT Zoning District would adversely affect
adjacent properties. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact
of any nuisance or hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern
that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not
create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has
not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened
by unnecessary restrictions. (10) The proposed zoning change, if it becomes CPO, will not be granting a special
privilege to the owner.
There was a brief discussion between the Council, Mr. Hill and Administrator Veach. Mr. Hill confirmed that a parking
lot was not a permitted use nor a special exception use for CPO. Previously the applicant had been denied a Speical
Exception to allow a parking lot for their proposed commercial business across the street.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM-YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
City Administrator Veach informed the Council that it is time to make their list of items to present to the Okeechobee
Legislative Delegation. He reminded the Council that in previous workshops, it was agreed that funding for the
Okeechobee Utility Authority (OUA) wastewater treatment plant expansion is to be number one on the list. Mayor Kirk
suggested not to request too much at one time and to take into consideration those items of priority. Items of
discussion included drainage, mosquito abatement, and the widening of State Road 70. Council Member Watford
asked whether the Industrial Park needed to be added? City Administrator Veach responded that an extension will
be requested, but that is all that will be needed at this time. Items agreed upon are:1. Funding for OUA Wastewater
Expansion. 2. Storm Water Drainage/Canal cleanup. 3. State Road 70 widening.
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 6 OF 7 119
AGENDA :,.. COUNCILACTION - DISCUSSION,- VOTE y
VII. NEW BUSINESS CONTINUED.
C. Discussion pertaining to FEMA related consulting services - Dale
Milita.
Administrator Veach addressed the Council in regards to utilizing Craig A. Smith and Associates (CAS) to complete
a list of City wide damage caused by Hurricane's Frances and Jeanne. The report is then submitted to Federal
Emergency Management Agency (FEMA) for reimbursements. While the City Staff is doing a good job at listing what
is obvious damage, CAS has professionals on staff that know what to look for and has the manpower to perform the
consulting services, freeing up City Staff to get their departments back to normal operations. CAS is already on a
continuing services contract with the City. This would also assist in meeting the time constraints.
Mr. Dale Milita and Greg Jeffries of CAS addressed the Council regarding how their firm has assisted other cities and
counties in this field. Mr. Jeffries advised that he had been with CAS since 1993, after Hurricane Andrew. He
commented that FEMA's rules are vague, and CAS has become adept to understanding them and how they work.
He eased the Council's concern about being funded from FEMA and receiving reimbursement, and also stated that
there are other avenues of income, such as hazzard mitigation grants which are over and above FEMA funds.
Council Member Watford made the motion to expand CAS continuing services contract to include performing
FEMA related consulting services; seconded by Council Member Williams.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
D. Consider a proposed two-year education re-imbursement contract Attorney Cook presented the Council with a proposed Education Reimbursement Contract to be signed by employees
for City employees - City Attorney (Exhibit 4). who receive City funds to pay for educational or certification classes. Following discussion, Council instructed Attorney
Cook to amend the document so that it would pertain only to those employee's with ten years or less service.
E. ITEM ADDED TO AGENDA: Discussion of proposal by Seminole Administrator Veach presented the Council with two proposals from Seminole Roofing, Inc. of Tampa. One proposal
Roofing, Inc. Of Tampa, regarding the roof repairs for City Facilities is for roof repairs and replacement at City Hall. The other is for roof repairs and replacement at the Public Works
- City Administrator (Exhibit 5). facility garage. Seminole Roofing will be repairing other roof's, at various facilities. However, these two proposals are
11 over the maximum amount that the Administrator can approve.
120
OCTOBER 5, 2004 - REGULAR MEETING - PAGE 7 OF 7
:.AGENDA
FJI
COUNCIL ACTION'- DISCUSSION VOTE
VII. NEW BUSINESS CONTINUED.
E. ITEM ADDED TO AGENDA: Discussion of proposal by Seminole
Roofing, Inc. Of Tampa, regarding the roof repairs for City Facilities
continued.
F. ITEM ADDED TO AGENDA: Discuss the Adelphia Cable Rate
Increase - Council Member Williams.
Vlll. ADJOURN MEETING. - Mayor.
Please take notice and be advised that if 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: recorcof the proceeding is made, which record includes the
testimony and Mgepce do which the appeal is to be based. City Clerk tapes are for the
sole-purpds� of bk*40, t r offibal records of e
ames E. Kirk, Mayor
Clerk
Following a brief discussion, Council Member Williams moved to award a contract to Seminole Roofing, Inc. in
the amount of thirty two thousand dollars ($32,000 00) for the repairs and replacement of the City Hall roof,
and in the amount of eighteen thousand, one hundred ninety dollars ($18,190.00) for the repairs and
replacement of the Public Works facility garage roof located at 500 Northwest 11m Avenue: seconded by
Council Member Markham.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
The Council received in their packets, a copy of a letter from Adelphia Cable announcing a rate increase. Council
Member Williams requested that Attorney Cook draft a resolution for the Council to consider at the October 19, 2004
Regular City Council Meeting, strongly objecting to the cable rate increase by Adelphia Cable company. He continued
further that this was very poor timing on Adelphia's part. The community is still struggling with the disaster of two
hurricanes. Council concurred with the instructions of the resolution to Attorney Cook.
There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 7:45 p.m. The next regularly
scheduled meeting is October 19, 2004.
AFFIDAVIT UBLISHER
OKEECHE TIMES
106 S.E. Sth St., Okeechobee, FL 34974
(863) 763-7283
Published Weekly
STATE OF FLORIDA
COUNTY OF OKEECHOBEE:
Before the undersigned authority personally appeared James A.
Hughes, Jr., who on oath says that he is publisher of the Okeechobee
Times, a newspaper published weekly at Okeechobee in Okeechobee,
Florida:
that the attached copy of advertisement,
being a City Council oecial Meeting Notice PO # ; 2658 in the matter of Clfv of (Winar.hr,ti
55 SE Third Avenue
Okeechobee FL 34974-2932
In the
was published in said newspaper in the issues of Court,
09/30/2004
Affiant further says that the said Okeechobee Times is a newspaper
published at Okeechobee, in said Okeechobee County, Florida, and
that said newspaper has heretofore been continuously published in
said Okeechobee, Florida as a daily, weekly, or bi-weekly and has
been entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a period of one
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement
for publication in the said newspaper.
James A. ughes, Jr., (Publisher)
Sworn to and subscribed before me
this J(�� day of
A.D. 2004
(SEAL) Notary Public
0
...............
CITY COUNCIL MEETING NOTICE
NOTICE IS HEREBY GIVEN that die
City of Okeechobee City Councjl will meet in
Regular Session on Tuesday, October 5,
6:e0Pm City Hall, 5$ SE 3n1 Ave., R. 2�00,
Okeechobee, Florida. The public is invited and
encouraged to attend. For a copy of the agenda
contact City Administration at (863) 763.3372
x 212,
PLEASE TAKE NOTICE AND BE
ADVISED that if say' person dearm to ap.
NO] any decision Made by the '"rity C10 it
with respect tp any matter considered at t ya
.meeting, such interested person will need..a
record of the Proceedings, and for such put -
Pose May need to chute a verbatim teoord
of the Pror;eedings is made, which record in-
cludes the testimony and evidence u
,the appeal is to be. based Tapes port which.
the sole Purpose of PI are used far
Office. " - 1, for the CIerR's
In accordance with the Americana with
Disabilities Act (ADA) and Florida Statute'
286.26, persons with. disabilities needing ape-
cial acconmrodation to participate in this Pro
ceeding should contact Lane Garrriotea, no
later then two (2) working days prior to the
Proceeding -at 863-763-3372 x 214; if you arc
hearing Of voice irrrpaired, call TDD 1-800.
222-3448 (voice) or 1-898-447-5620 (7yy),
BY: JAMES E. KIRK; MAYOR -
LANE GAMIOTEA, City Clerk
PUBLISH 09/DO oat .
OKEECHOBEE TIMES
Y ; iwsealee A. Brennan ti `
Commission #DD318483 n' "
.oe Expires: Jun 25, 2008 �► {
Bonded Thru ry �C(�['�F4
Atlantic Bonding Co., Inc. wL
OCT i
mi
ZE
Page -1-
Tape 1 side A CITY OF OKEECHOBEE - October 5, 2004 - REGULAR CITY COUNCIL MEETING -
HANDWRITTEN MINUTES
I. CALL TO ORDER - Mayor: Kirk, October 5, 2004, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: In the absence of Pastor Sam Vuleta, the invocation was offered by
Council Member Watford; Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Present Absent
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
Clerk Lane Gamiotea
Deputy Clerk Melisa Eddings
Mayor read letter from IIMC
X
X
X
X
X
X
X
X
X
IV. MINUTES - City Clerk.
A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council
Action for the September 17, 2004 First Budget Hearing, the September 21, 2004 Regular Meeting
and the September 28 2004 Emergency Special Meeting; seconded by Council Member Williams. No
discussion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
V. AGENDA Mayor,
A. Requests for the addition, deferral or withdrawal of items on today's agenda. Add item E, proposed
roof city hall and barn, exhibit 5. Add F. Adelphia - Williams.
VI. UNFINISHED BUSINESS.
A. Review draft copy of proposed Noise Ordinance - City Attorney. (Exhibit 1).
Council Member Watford moved to read by title only and set October 19, 2004 as a final public hearing date
for proposed Ordinance No. 875 enacting noise and vibration regulations; seconded by Council Member
Markham.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
•
•
MOTION: CARRIED.
Page -2-
Attorney Cook read proposed Ordinance No. 875 by title only as follows: "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30, ARTICLE Ill CODE OF ORDINANCES,
ENACTING NOISEAND VIBRATION STANDARDS TO REGULATE, AND PROHIBIT CERTAIN NOISEAND
VIBRATION LEVELS, PROVIDING MEASUREMENT OF SUCH STANDARDS, PROVIDING FOR
ENFORCEMENT OF SUCH STANDARDS, PROVIDING FOR EXCEPTIONS TO THE STANDARDS,
PROVIDING FOR REPEALING OF PROVISIONS IN CONFLICT HEREWITH, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE."
Council Member Watford moved to approve the first reading of proposed Ordinance No. 875; seconded by
Council Member Chandler.
Discussion - DW know we just got and we'll be ready to adopt at public hearing, wonder with wording in here,
is it enforceable? Cook - this was drafted primarily IR county,City of Vero, drafted intended to arm of code
enforcement rather than police, after 9 -10 calls will fall to police dept, good ord is one try to eliminate as much
description as possible, ord written so that violation could be has to be unreasonable level of noise, calls for
fair amount of descriction, officer immediately on sense to measure sound it's almost impossible to catch
someone in the act, saving porition, violator still has to be proven before the code enforcement board.
DW - testimony? Cook pretty mcuh. DW - ex 11 at night neighbor's radio to loud, offer agree's writes citation?
Cook - give warning before cititation, numbers will need to be checked, not sure they are reasonable, jet
airplane is over 100 dbs, don't know what normal construction is. DW - added the train, how do we cite them.
Denny - bar car? write warning and still get complaints, Cook - area we can look at,
JK - sounds like one we will get trouble on, we're going to get this one back,
Cook - little or no power/authority now, can continue as it is.
JK - we can start with it, what's noise to one person is not noise to anthoer, we feel we need this, so we'll give
it a try, agree with Chief concerns, need authority to shut down bars, etc. that continue after they leave with
warnings. Get with him to make any fo those changes. Guess your right about being real specific.
Clayton - what about skateboard park?
Cook - thought about that, it would have to be compatible with ours, needs to be worked out.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
VII. NEW BUSINESS.
A. I. a) Council Member Watford moved to read by title only and set October 19, 2004 as a final public hearing
date for proposed Ordinance No. 874 pertaining to Rezoning Application No.04-008-R, submitted by
David and Anita. Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from RSF-1 to CPO
Planning Consultant (Exhibit 2); seconded by Council Member Chandler.
b) Vote on motion to read by title only and set final public hearing date.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
C) City Attorney to read proposed Ordinance No.874 by title only as follows: "AN ORDINANCE OF THE
CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE
BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF4) ZONING DISTRICT TO COMMERCIAL
•
Page -3-
PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, AMENDING THE ZONING MAP
ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE. "
2. a) Council Member Chandler moved to approve the first reading of proposed Ordinance
No.874;seconded by Council Member Markham.
b) Discussion.
Kelly Hill of LaRue Planning, read memo, "On Sept 28, 2004 the City's Planning Board recommended the CPO
zonign district for this rezoning request. This was the bet alternate rather than the CLT zoning district, which
was the original request. The applicant was present and did not object to htis. Staff felt that the CPO District,
being more restrictive for various uses allowed, was the most suitable for this transitioning neighborhood."
Subject project and surrounding area were discussed.
Kirk - how close to bank? Across the street.
DW - right across the street was rezoned to CLT not to long ago.
Whether just a parking lot by itself was allowed in CPO was discussed. Mr. Hill advised that it was not. Veach -
she was not commital with the planning board.
Kirk - my thoughts are we need to stay with what is on the application, as its presented. If its something they
can't live with, we'll hear about it.
Planning Staff Report Summary: The subject property is currently zoned Residential Single Family -One (RSF-
1) and a Future Land Use category change to Commercial is pending for this property. The applicant is
requesting a rezoning from RSF-1 to Light Commercial with no Amendment of the Future Land Use Map
required if the Commercial category change is approved. The applicant is proposing to build a professional
office building.
Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general Comprehensive Plan
requirements for Commercial. However, if the current applicant is requesting a zoning change to be most
compatible with this specific neighborhood, CLT is not appropriate. (2) The proposed use being applied for is
specifically authorized under the Zoning District in the Land Development Regulations. (3) The proposed use
will not have an adverse effect on the public interest. An office use will not have an adverse effect on the
public interest in the neighborhood but other uses in the CLT Zoning District might. A CPO Zoning District
would be more compatible than CLT zoning. (4) The use is appropriate for the location proposed, is
reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use
patterns. The zoning as requested is not as appropriate as CPO for the location proposed. CPO zoning would
be more compatible with adjacent land uses. Office use is not contrary or detrimental to urbanizing land use
patterns and be accommodated in the CPO District. (5) The proposed zoning, if CPO, will not adversely affect
property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent
properties. Some uses, however, within the CLT Zoning District would adversely affect adjacent properties.
(6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any
nuisance or hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern
that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will
not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The
proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not
been inordinately burdened by unnecessary restrictions. (10) The proposed zoning change, if it becomes
CPO, will not be granting a special privilege to the owner.
Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's request, if modified to
CPO zoning, will be consistent with the City's Comprehensive Plan if the Small Scale Amendment is approved
as Commercial. Planning Staff Report Recommendation: Staff recommends denial of the request to allow
rezoning from Residential Multi -Family (RMF) to Light Commercial (CLT); but recommends a CPO Zoning
District for this property. The applicant had no objection to amending the application to CPO. The Planning
Board voted unanimously to recommend approval following the change to CPO designation.
Page -4-
C) Vote on motion.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
B. Discussion pertaining to the 2004-2005 Community Budget Issue Requests (CBIR'S) - City
Administrator (Exhibit 3).
Veach - Each year we put together a list of items for the Okeechobee Legislative Delegation. It is that time of
year. We stated in workshops that OUA wastewater treatment plant expansion is number one. Making that 1
on list, we can go from there.
DW - yes, committed to make top priority. What about industrial park? Veach - As it stands right now, we're
okay, will be going for extension. Gene - okay for now.
DW - canals have been a real priority, keep on list as well as drainage, since storms, fresh in everyone's mind,
along with mesquito abatement, and the widening of 70 situation with it being an evauation route. In light of
everything else that has happened since we had all those workshop with OUA and County.
Kirk - Dean insinuation we'd all get together and talk about the canal issues, 2 governments get together to
solve the drainage issue, not going to just do our part and say we're done. Don't want to through to much at
them, I think drainage which includes canals, and the old story keeps coming back, mentioned to him, first
thing from him was who owns them? We know how many times we're been down that road. OUA #1 priority,
storm drainage, know we need mesquito, but if we make list to long, don't need 10 items on the list. DW - what
ever happened to that study? They are nearing the final study, take a look at what they say, give to our
consultants, engineer, more narrow storm water plan to county oriented.
VEACH - OUA, storm water/drainage, 70 widening, mesquito should be listed as last item, others are high
priority.
C. Discussion pertaining to FEMA related consulting services - Dale Milita.
Veach - layer after layer of damage piled on top of us, hoping we've looked at everything, staff not secure with
it, Dale & company, offers services, submitted requests properly and looking for areas, infrastructure issues,
project areas until they show up, 6 months later out of luck. Their firm can offer assistance, if Council is so
incline. Dale(already under contract with the City _ _ d_ .'.;r is'F P
Met with County, OUA, FEMA mitigation for County. Give exAmple, involved with Sweet Water, no name story
of 1999, FEMA came through offered them their damage. Hardee county working for them. James Lee Witt
Company. James Witt worked for FEMA. If we can be of assistance, fine, great portion of our costs will be
covered by the reimbursements. Greg Jeffrey's, oversee FEMA operations, started since Andrew, learned a
lot with FEMA in since then. Been with CAS since 1993. FEMA is not very volunteering with their information,
have to go in there and pull it out of them, or have someone on staff that understands how and what works.
Have to have an understanding of the law, FEMA considering a 90/10 split with Florida due to the number of
storms that hit this year. Basically have a team of men that work to find the hidden damages before they are
a problem for the city and you can get the FEMA dollars while available, if you wait, you cannot get the money
from FEMA. Their rules are vague, we have become adept to understanding them and how they work.
DW - pay off? Yes, substantial success? Time frame? Theorically within 30 days of expenditure. Biggest
problem is FEMA grants money to State of Florida and then you get the money from State. Feel they are
funded well enough? Not at the moment, appropriations bills ready to be presented in Washington now. $
billion for Charley. Million for Francis, Ivan and Jeanne have not been appropriated. Ken working
with
Clayton we have 4 sq miles. 3-4 weeks, depends on extent of damages, understand you have 60 days, once
kick off date with meeting of FEMA, have 1 year, have 60 days to get in with window to congress for the
Page -5-
money. Other avenues, hazard mitigation grants, over and above FEMA funds. $30 million last year Florida
got 6 of 10 projects.
JK - fee's part of what is being submitted to FEMA. For the most part yes. FEMA has sliding scale for
administration for applicatants, fee's over that, not going to kid you, rather than have city staff working day and
night to, turn it over to my staff, they go back to running the city, JK - feel these poeple more expert than staff?
Veach - city staff doesn't mind working day and night if they are maximizing effects, don't know if we're max
the potential there, surprise ourselves every day, very quick ball game, with quick time frames, no one in our
area has experience, don't want to see us be left behind because were learning the process as we go. JK -
leaving our self open for hundreds of thousands of dollars to reimburse.
Clayton - what if FEMA says no money. They have never said that, that we know of, you have quanifiable
damage, excellent record of getting those dollars returned. State my repretation on the fact that FEMA will pay
you for the damages,
Donnie - pipes we can't see, offer cameras, etc? Yes, FEMA will pay for certain levels of investigations, won't
pay for arbritrary investigations, several methods we can test areas that offer reasons to investigate. Donnie
certainly think we need something like that.
DW - appreciate Mayor's concerns, don't want to issue blank check. Kind of like a grant, seems our staff thinks
its something we need, better off to have expert to do it,
JK - better to
DW - that stand point, concerns with what will happen 5 - 10- 15 years from now, wish we would have
investiaged or thought of that, I'm not of expertise to find the areas. Kind of like a trade off, better than not
trying to get the money.
Gene Shriner - challege with FEMA will have the experts in every area, we qualify for you, they qualify for
them. EX of city, we'll counter with our specialist to their specialist, only we're for you, if you feel your staff can
handle this, fine, know what its like to come in rural areas, unbudgetted items, etc.
DW - motion to approve retaining CAS issue before us as an emergency basis retain CAS retain CAS for
FEMA related issues; seconded by Council Member Williams. Note that we are already on retain our
consultatns that are on retainage.
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
X
CHANDLER
X
MARKHAM
X
WATFORD
X
WILLIAMS
X
MOTION: CARRIED.
D. Consider a proposed two-year education re-imbursement contract for City employees - City Attorney
(Exhibit 4).
Employee has to reimburse city during 2 year period, each time go through class 2 year period, regular fees
to collect fee, city can waive any or all expense.
Paid through the trust fund with police officers. Career development or ongoing education would not.
Longevity issue discussed.
Courses directly related to their job - needs to be address.
All employees and whatever their costs should be included. Continued or enchance their performance.
Clayton - city pays for it period it comes under this.
DW - don't know fire training requirements, times they have to go somewhere, inspectors, EMT have to get
that, reaccuring, gets expensive, training we can do here, not financial issue, point trying to get across, pass
Page -6-
that point of 2-3 years don't have that problem, don't want to create something, my only problem is the yonger
people.
Clayton, vested in retirement system,
Denny -
Kirk - if you have a person who's going to stay, then what's another 2 years for them?
DW - good protection for city, good start, sympathy for older employees, and they probably arent' going
anywhere.
Clayton, argue for the cap.
Noel - agree.
Donnie - employee went to school, got sick, Council has right to waive the fee's due to
Fire academy dollar figure $1700 - $1800 dollars, hire them and send to school which is worse, EMT $1800
to $1900 costs.
10 year employees will not be subject.
E. Discuss a proposal from Seminole Roofing, Inc. Of Tampa, regarding the roof repairs for City Facilities
- City Administrator (Exhibit 5).
Veach - hard time getting qualified contractors in here to give us quotes, police, fire and garage have already
been given go ahead to make those
FEMA extent was that they would pay up to our deductable.
2% of face value of the property value is the deductable.
Proposal we got, quote price, such a large deductable? No sir. Insurance claim will be on damages.
As far as insurance company and FEMA is concerned, this is okay, start the repairs.
Does not include hidden damage This is the same company that installed the fire dept roof.
Clayton move to award contract to Seminole Inc. Repair and replace of roof at City Hall for $32,000 and repair
and replacement on garage roof at 500 NW 11t" Avenue ; seconded by Council Member Markham.
F. Clayton - favorite subject is Adelphia, rates going up effective in November of this year. Pass strong
resolution objecting to their rate increase, very poor timing, sorry enough as it is, and I so make a motion to
that fact, second by Chandler.
Cook - met with governmental coordinator about 2 weeks ago, that's when we got this letter, proposed
franchise extension, conclusion of that was nearly done document years ago, staff and legal council changed,
he is going to have his staff rev iew it and for council consideration, possible by next meeting, but for sure by
meetings in November.
Kirk - support resolution based on timing of the rate increase.
DW - no concept of what cable rates fair value, not qualified to speak to their service, leave to yourjudgement,
Kirk - package I have wiht them, thought very expensive, checked with my daughter who had similar one in
orlando.
Dale Milata - basic rate?
VIII. ADJOURN MEETING Mayor at 7:45 p.m.
Page -I-
Tape 1 side A
CITY OF OKEECHOBEE - October 5, 2004 - REGULAR CITY COUNCIL MEETING.
HANDWRITTEN MINUTES
I. CALL TO ORDER - Mayor: Kirk October 5 2004 City Council Regular Meeting, 6:00 p.m.
Do,cj Irk
II. OPENING CEREMONIES: Invocation given by P ch
Pledge of Allegiance led -by Mayor.
'UWG+0 3 S",'i' s "(Wo '`5
WI.- MAYOR, COUNCIL AND STAFF -ATTENDANCE -City Cleric.
Present Absent
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R: Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator BiU L. Veach
Clerk Lane Gamiotea
Deputy Clerk Melisa Eddings
Kim— �4f, we Qrocka-k - "-,Q-
IV. MINUTES - City Clerk.
X
X
X
X
X
X
X
X
X
A. Council Member -0 hw2d I a C: moved to dispense with the reading and
approve the Summary of Council Action for the September 17, 2004 First Budget Hearing,
the September 21, 2004 Regular Meeting and the September 28 2004 Emergency Special
Meeting; seconded by t uncil Member � ia.rnSAD( 5 C,c t.S�av-
VOTE YEA MAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WAVORD
WILLIAMS
MOTION: CARRIED,
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
F�
VI. UNFINISHED BUSINESS.
A. Review draft copy of proposed Noise Ordinance - City Attorney. (Exhibit 1).
•
Page -2-
VII. NEW BUSINESS.
A &I Council Member ' e� moved to read by title only and set October
19, 2004 as a final public q6aring date for proposed Ordinance No. 874 pertaining to
Rezoning Application No.fi4-008--R, submitted by David -and Anita Nunez, rezoning Lots'? and
_ h g_ ._ _ (Exhibit 2);
8 of Block 78, City of Okeechobee from RSF-1 to CPO Planning Consultant
seconded by Council Member
b) Vote on motion to read by title only and set final public hearing date.
-VOTE YEA NAY- -ABSTAIN -ABSENT -
KIRK
CHANDLER .
MARKHAM
WATFORD
WILLIAMS
MOTION: CARRIED.
c) City Attorney to read proposed Ordinance No.874 by title only as follows: "AN ORDI NCE
OFTHE C4TYOFOKEEGHOBEE;- FLORIDAAMENOM-TI`IEOF I6lAb ZAAl1Nh OF
OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY
DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING Dl
DESCRIBED HEERE/N,-FROM RESIDENTIAL -SINGLE FAMILY --ONE (RV-- Z0N 1 -
� �Nzlcr,
AMENDING THE ZONING -MAP-. ACCORDINGLY,, 'PROVIDING --FOR CON)tICTS;
SEVERAB/UTYAND AN EFFECTIVE DATE. "
2.a} Council -Member '.-movedto approve the.the. -first-reading.of pro
posed. .
Ordinance No.874;seconded by Council Member
b) Discussion.
a0
y
-V_i
1, f
1 � �
w / � C F� J .(
c) Vote on motion:
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
MARKHAM
WATFORO
WILLIAMS -�
MOTION: CARRIED.
•
�� ,,�,i1,�-�Y �1 �%,e� �';Q.6'✓,Lc,ch.tJ ,,�-a% ��f2.Qh�,u:�.�ct,%-��.
-40 9�
n ce-J.A
JAL
Page -3-
B. Discussion pertaining to the 2004-2005 Community Budget Issue Requests (CBIR'S) - City
Administrator ( 1b -3).
&I �-2f � � ! w twlua -Pell
O'L's PA-
14
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Ar -" J(z -7o , N I
C. Discussion pertaining to FEMA related consulting services - Dale Milita.
VE 0A, J-d-Ick
k. �C ek . Jlb ,cam W/
C� U eu#
a ,
Few- V4"ti�, Cl
lytuti ✓K lJ 1t,6 � Le l iot a c€ru to w. 64.� (` p 62a / (/
U (J U 1 !l
WA.
D. Consider a proposed two-year education re-imbursement contract for -City employees - City
-
Attomey (Exhibit 4).
16
_
I
J V
_Q
KUL
F�_ y_
WPtA
Vill. ADJOURN MEETING Mayor at S� .m.
✓,t � LZi1v1 _ �.7%Jrc-c-(� �� cam. , V��� �7'������,CJ �'--V-B.c�
:. Cu _.���-o-��%C- J `Y��v..... �j,�..�.�� �- ,tom' ,,/h�-�•(j�c� �c�' •
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L-fio-t
i
CITY OF OKEECHOBEE
OCTOBER 5, 2004 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 10F 2
I. CALL TO ORDER - Mayor: October 5, 2004 City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Pastor Sam Vulet, First Baptist Church.
0 Pledge of Allegiance led by Mayor.
Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Altorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
IV. MINUTES - City Clerk.
' A. Motion to dispense with the reading and approve the Summary of Council Action for the September 17, 2004 First Budget Hearing, the September 21, 2004
Regular Meeting and the September 28, 2004 Emergency Special Meeting.
V. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
OCTOBER 5, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 2
VI. UNFINISHED BUSINESS.
A. Review draft copy of proposed Noise Ordinance - City Attorney (Exhibit 1).
VII. NEW BUSINESS.
A.1.a) Motion to read by title only and set October 19, 2004 as a final public healing date for proposed Ordinance No. 874 pertaining to Rezoning Application
No. 04-008-R, submitted by David and Anita Nunez, rezoning Lots 7 and 8 of Block 78, City of Okeechobee, from RSF-1 to CPO - Planning Consultant
• (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 874 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 874.
b) Discussion.
c) Vote on motion.
B. Discussion pertaining to the 2004-2005 Community Budget Issue Requests (CBIR'S) - City Administrator (Exhibit 3).
C. Discussion pertaining to FEMA related consulting services - Dale Milita.
D. Consider a proposed two-year education re-imbursement contract for City employees - City Attorney (Exhibit 4).
VIII. ADJOURN MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that d any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need
a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City
Clerk tapes are for the sole purpose of backup for official records of the Clerk.
U
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of �-
L
PUBLIC NOTICE
CONEID91ATIptf GF ADOPTING
A CRy ORDINANCE
A' menbers Of the public are encouraged to attend and participate in
mart s d t publ c m ttie of Diet' be aspect in its entirety by
less hours. Mop Fri., 8arM:30pm, euuxpt too holidays.Clerk during regular busi-
PLEASE TAKE NOTICE AND BE ADv"D that it any person desires to
appeal any decision made by the City Council with respect to any matter
considered at MIS hea ft such irttreested person wI reed a record of
� �cproeedings, and for such purposes fray need to ensure a verbatim
and evidence hk�h the appeais rneds. l bye record lock
ClKISS erk tapes bmonyare
for the sole purpose of bada� for akjill records of the Clerk.
In accordance with the Americans with DisaWlitY Ad (ADA) and Flori-
da Statutes 286.26, persons with deabikhes reeding special accommo-
dation to partic' afa n this ocee ft should contact Lane
Lane Gamiotea no
later x2 5; than two
w nnp�red N TDD oc90 2 at 863 (voice) o
1488447-5620 ((TTTtyy)
Lane Gamiotea, CIT? CLERK
525143 ON 10tW
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid not promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper. )
SW4 to Ind su d before me this
day of A.D. 20
R. Brown
Notary Public, State of Florida at Large ='? Commission #DD27211$
Expires: Jan 17 2008
Bonded Thru
Adlintic Bonding Co., Inc
EXMff 1
OCTOBER 5, 2004
WILL BE PROVIDED BY
TBE CrrY ATTORNEY
Exhibit 1
Oct 5 Regular Meeting
Attention Mayor Kirk and Council Members:
Attached is a proposed noise and vibration regulation ordinance. Attorney Cook has
asked that I advise the Council that should you wish to proceed with this proposed
ordinance, you can have the first reading at the meeting tonight.
The motion that would be in order is as follows:
1. a) Motion to read by title only and set October 19, 2004 as a final public hearing
date for proposed Ordinance No. 875 enacting noise and vibration regulations.
b) Vote on motion to read by title and set final public hearing date.
c) City Attorney to read by title only.
2. a) Motion to approve the first reading of proposed Ordinance No. 875.
b) Discussion.
c) Vote on motion.
Please advise should you have any questions.
Lane Gamiotea
City Clerk
ORDINANCE NO. 875
AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING CHAPTER 30, ARTICLE III CODE OF
ORDINANCES; ENACTING NOISE AND VIBRATION
STANDARDS TO REGULATE, AND PROHIBIT CERTAIN
NOISE AND VIBRATION LEVELS; PROVIDING
MEASUREMENT OF SUCH STANDARDS; PROVIDING FOR
ENFORCEMENT OF SUCH STANDARDS; PROVIDING FOR
EXCEPTIONS TO THE STANDARDS; PROVIDING FOR
REPEALING OF PROVISIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida finds that the regulation of noise and vibration
within the City provides a valid public purpose for its citizens; and
WHEREAS, the citizens of the City of Okeechobee are entitled to enjoy a measure of
peace and quiet in their daily activities, and that excessive or annoying sounds,
noises and vibrations degrade the quality of Nfe, disturb the public peace, and
jeopardize the health, welfare and safety of our citizens; and
WHEREAS, the City of Okeechobee seeks to provide for standards to control noise and
vibration levels within the City, with provision for lesser noise and vibration levels
during those times of the day and week where the citizens should expect to enjoy
a period of peace and quiet, yet at the same time permit commercial and industrial
activities to continue in a manner to balance the protection of public peace,
individual freedoms and private property rights, yet to also permit and promote the
economic activity that is vital to the welfare of the City as well as its citizens;
NOW, THEREFORE, be it ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Office for the City and enact the following ordinance to be effective
throughout the City of Okeechobee:
Section I. That Chapter 30, Article III of the City Code of Ordinances is herewith
rescinded in its entirety, and replaced as follows.
Sec. 30-81 Noise Regulation in General.
It shall be unlawful, as hereafter set forth, for any person, entity or agent
thereof to cause or be made, or continued, any excessive or unreasonably loud
noise or vibration which disturbs the peace and quiet of any residentially zoned
neighborhood, orwhich tends to cause discomfort, orannoyance to any reasonable
person of normal sensitivity, with such regulations to reasonably provide for normal
commercial activities to occur within the City during certain times.
Sec. 30-82 Specific Noises Prohibited.
Except for certain exceptions listed in section 30-83 hereafter, the following
acts are declared to be loud, disturbing and unnecessary noises or vibrations in the
City in violation of this chapter, but such enumeration shall not be deemed to be an
exclusive list of noises or vibrations that may constitute a public nuisance.
(1) Motor vehicle horn orsignaling devise. Is shall be unlawful to sound any horn
or signal devise within the City on any automobile, truck or other motor
vehicle, except as necessary as a warning or danger signal. No such motor
vehicle shall have attached or use any bell or siren to that used on
ambulances or law enforcement vehicles or fire department, or other public
safety agencies.
Page 1 of 5
(2) Loud speakers and amplifiers. It shall be unlawful for any automobile, truck
or other motor vehicle within the City to use radio, tape, or CD player
amplifiers and speakers so that the level of sound emanating from the
vehicle causes excessive sound or vibration that can be heard and felt within
100' of adjoining motor vehicles, pedestrians or residents within the City.
(3) Engine mufflers. It shall be unlawful to operate any internal combustion
engine, motor, vessel, or motor vehicle without a muffler designed for
installation on such engine or motor, to effectively prevent loud or explosive
noises or vibration therefrom.
(4) Vehicle repair in residential areas. It shall be unlawful to repair, rebuild, or
race or test the engine or motor of any motor vehicle, including vessels,
airboats, motorcycles or farm equipment of every nature, within any zoning
district within the City in which any residential use is permitted, between the
hours of 9:00 p.m. and 7:00 a.m., in such a manner as to disturb the peace,
quiet and comfort of the residents of the area.
(5) Loading or unloading of vehicles, opening of bales and boxes. It shall be
unlawful to make, create, permit or maintain any loud or excessive noise
within the City on connection with the loading or unloading of any motor
vehicle, or the opening or destruction of bales, boxes, crates or containers,
between the hours of 8:00 p.m. and 6:00 a.m. in a zoning district adjoining
a residential zoning district, that would disturb the peace, quiet and comfort
of residents of the area.
(6) Schools, courts, churches, hospitals, nursing or assisted living. It shall be
unlawful to create any excessive noise on any street adjacent to any school,
public or private, including day care centers, a church, a hospital, or nursing
or assisted living facility which unreasonably interferes with the normal
workings of such institution, or which disturbs or unduly annoys patients in
a hospital, nursing or assisted living facility.
(7) Construction equipment and activity. It shall be unlawful to operate any
motorized equipment in conjunction with, to perform any outside
construction, maintenance or repair work on buildings, structures, roads or
other projects within the City in any zoning district between the hours of 8:00
p.m. and 6:00 a.m., unless a special permit for such activity is issued by the
City Administrator for the City of Okeechobee on the basis of good cause or
public emergency.
(8) Animal noises, control, cruelty. Is shall be unlawful to keep, maintain or
permit any animal, within the City without providing and maintaining
adequate sound control techniques to eliminate excessive, repetitive,
offensive and unnecessary barking, noises or sounds from such animal(s),
at any time of the day or night, so as to annoy or disturb any neighbor, or to
fail to control such animal(s), or to commit any act of neglect, torture, or
torment that causes unjustifiable pain or suffering to any animal. These
regulations shall be in addition to, and not in lieu of Chapter 10 of this code,
and shall apply to any occupant of a residence, either owned or leased, and
the curtilage thereof, in possession or control of an animal, and shall
include:
a. The code enforcement officers employed by the City of Okeechobee,
in addition to certified law enforcement officers under state law, are
hereby designated as an animal control officer within the City to
investigate, cite, and enforce any animal control or cruelty ordinance
of the City, or statute of the State.
b. That any violation of an ordinance of the City is declared to be civil in
nature.
C. For any such complaint of violation of City ordinance, code
Page 2 of 5
enforcement agents shall provide one (1) warning notice to an
offender prior to issuance of code violation procedures, which carry
a fine up to $250.00 per incident, and up to maximum $500.00 fine
per incident to repeat offenders.
d. The City reserves the right to permit imposition of a civil penalty less
than the maximum for violators who do not contest such citations.
e. That violation of state statutes pertaining to animal control or cruelty
shall cant' the punishment as designated in such statute.
d. That code enforcement officers, in addition to certified law
enforcement officers under state law, may issue a citation for violation
of municipal codes, who has probable cause to believe that a person
in possession or control of an animal has committed an act in violation
of this ordinance.
e. The City of Okeechobee hereby enacts and imposes a surcharge of
$5.00 upon each civil penalty imposed for violation of this ordinance
relating to animal control or cruelty, which the proceeds thereof
designated to pay the costs of training for animal control officers.
(9) Drums, cymbals, loudspeakers. It shall be unlawful to create, make, maintain
or permit any noise by use of any drum, cymbal, loudspeaker or similar
instruments in the City for the purpose of attracting attention to any
performance; to promote any commercial activity, show, sale, or display of
merchandise or place of business, or to attach a loudspeaker to a motor
vehicle to promote such activity. This provision shall not apply to ice cream
trucks who play music only, or to City -approved public fairs, parades or
events.
(10) Radios, Television sets, musical instruments. Is shall be unlawful to use,
operate or permit to be played, used or operated, any radio or satellite
receiver, musical instrument, phonograph, CD ortape player, portable "boom
box" radio or other machine or devise for the production and amplification of
music or sounds, between the hours of 10:00 p.m. and 7:00 a.m. in such
manner or noise level as to disturb the peace, quiet and comfort of
neighboring residents.
(11) Skateboard ramps or activities. It shall be unlawful to use any neighborhood,
or municipal skateboard ramp or similar structure or configuration, between
the hours of 8:00 p.m. and 9:00 a.m. in any zoning district within the City
that permits residential use.
(12) Car wash, airdryers, landscape, blowers. It shall be unlawful for any person
or entity to own or operate a drive -through car wash, air blow dryers, or
motor vehicle vacuums between the hours of 10:00 p.m. and 7:00 a.m. that
would result in a disturbing the peace, quiet and comfort of adjoining
residential properties. No person shall use or operate any hand-held air
blower, weedeater, mower or similar equipment for use of cleaning parking
lots, or performing landscaping operations in such a manner as to create
noise or vibration disturbing to adjoining residential areas between the hours
of 8:00 p.m. and 6:00 a.m.
(13) Places of public entertainment. It shall be unlawful for any person, entity,
commercial business, restaurant, bar and lounge, or operator or agent
thereof, to operate, play or permit such operation or playing of any radio,
television, phonograph, recording/playing devise, Karoke machine, live band
or group, musical instrument, microphone or other devise that emits or
amplifies music or sounds in such a manner as would be a disturbance to
adjoining residential neighborhoods. A violation of this ordinance requires
that the annoying sound be measured at the property line of the complainant
nearest to the source of the sound(s) with a devise meeting the regulations
Page 3 of 5
of the American National Standard Institute or its successor, and that the
sound(s) so measured occur between the hours of 10:00 p.m. and 7:00 a.m.,
and meet or exceed 50 dB'a (decibels) for a continuous period of ten minutes
or more.
(14) Sounding of train horns, whistles or bells. It shall be unlawful for a railroad
train approaching a public at -grade crossing having train -activated automatic
signal or traffic control devises, including flashing lights, bells and crossing
gates, to emit an audible warning signal in addition to and in advance of said
railroad crossing between the hours of 10:00 p.m. and 6:00 a.m.. This
prohibition shall not apply to any such rail road crossing within the City where
the City has failed to erect traffic signs in accordance with state law warning
and announcing to motorists that railroad train horns and whistles will not be
sounded during said hours. The City Administrator shall notify all railroad
companies operating within the State of Florida as to the enactment of this
ordinance, and identify such intersections and crossings where such
prohibition will exist.
Sec. 30-83 Exemptions.
The following noises or vibrations shall be exempt from the restrictions set
forth in this chapter.
(1) Noises of authorized safety signals and warning devises.
(2) Noises resulting from any authorized emergency vehicle, when responding
to an emergency call, acting in time of emergency or any other public safety
operation; or during an authorized and permitted fair, parade or public event.
(3) Noises resulting from emergency work, whish is to be defined as work made
necessary to restore property to a safe condition following a public calamity,
or work required to protect persons or property from imminent exposure to
danger.
(4) Noises incidental to activities of bona fide agricultural activities.
(5) Noises or vibrations associated with uses or activities whereby an
administrative approval to produce such noises or vibrations has been
obtained from the office of general services or City Administrator for the City
of Okeechobee, including but not limited to fairs, parades, craft fair, or similar
public event.
Sec. 30-84. Standards for exceptions.
A deviation from the requirements of this chapter may be granted by the City
Administrator for the City of Okeechobee, and in reviewing such request for
exemption from noise or vibration restrictions, the following factors shall be
considered.
(1) Whether or not the proposed use or activity necessarily warrants a deviation
from the noise and vibration restrictions of this chapter.
(2) Whether or not the noise and/or vibration associated with the proposed use
or activity is compatible with surrounding land use so as to not created an
unreasonable disturbance to adjacent properties.
(3) Whether or not the applicant has taken, or will take, all effort to limit
excessive noises or vibrations associated with the proposed use or activity
to meet the intent of this chapter.
(4) In those cases where the use or activity is proposed between the hours of
8:00 p.m. and 6:00 a.m., whether or not such hours of operation serve a
Page 4 of 5
•
public, civic or charitable purpose, are necessary, and if so, whether the
noises and vibrations associated with such use or activity are minimized to
the greatest extent.
Sec. 30-85. Peak noise levels.
Except as otherwise restricted in this chapter, any noise(s) emitted within the
City at any time of the day or night shall not exceed 55 d.b.a. (decibels)
Sec. 30-86. Enforcement.
The provisions of this ordinance may be investigated, cited and enforced by
any authorized code enforcement officer of the City, or any certified law
enforcement officer or firefighter employed by the City.
Sec. 30-87. Penalties.
Except as otherwise set out in this chapter, any violation of this chapter shall
be punished as a civil infraction through the provisions of ch. 162 Florida Statutes,
which shall carry a fine of up to $250.00 per incident for a property owner who is a
first time offender, and of up to $500.00 per incident for a property owner who is
determined to be a repeat offender, as those terms are defined in ch. 162.
INTRODUCED for first reading and set for public hearing on the 51h day of October, 2004.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
ADOPTED after second and final reading at a public hearing held this 1911 day of October,
2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook,, City Attorney
James E. Kirk, Mayor
Page 5 of 5
•
•
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a R ESE TAKE NOTICE that the City Council of the City of Okeechobee,
odda after at GO Hap 55 SE 1g� at O:OpOkeechob e,�FLsoon
conduct a
aaPgqURL OrdinHEARIance'
at and tt�per consider tylal rem a the feNow-
CNOBEE, efLORIDl1ffb AMENDING THE l>�WLCEZ p01 W MAP OF OOKKEE-
CNOBEE By REZONING A CERTAIN TRACT OF LAND MORE PARTN;U-
LARLY DESCRIBED WM. FROM RESIDENTIAL SINGLE FAMILY -ONE
RSF-1i_ZONNtG DISTRICT To COMMERCIAL pROFESSKNVAL OFFICE
LY��uNNG DISTRICT• AMENDMtG THE ZONING MAP ACCORDING
OVUM FOR CONFLICTS, SEVERABILLTY
DATE: AND AN EFFECTIVE
The ordnance pertaw to Ratptlng Application No. 04-008-R, re-
y to change ON zoom from Residential Sinple FamNy-
One (R is to t omrne.32 Prof Offices (CPO). The subject
�A � 32aaes,k�0edatthecomerofNE6thStrim
78, Okeechobee, � as: Lots 7 and 8, Block
5, PubYC �Okeadloboe thMerecorded In Plat Book i5.
s
owned by David Nunw, Prsslderd of D 3 A Ronda. Property is
Landscaping,
AN members Of
ttoepopsulrk are encaxaged to attend and participate in
said hearing'members TheMb PubNc In the of tto C inspectedCits entirety, bby
usi-
ness hours. Mon FD, 8am-4:30Pm, except ffoor holidays. N regular busr-
PLEASE TAKE NOTICE AND BE ADVISED that any Person desires to
appeal any decision made by the City Council with reject to any matter
considered at thist n9, such interestedPerson m need a record of
the Pr � gs, and for such Purposes may need to ensure a verbatim
proceedings is made• which record includes the testimony
and
for the evidence
upon which the apeal is to be based. City Clerk tapes are
sole purpose of backup or etfcial records of the Clerk.
In accordance with the Americans with Disability Act (ADA) and Flor-
da Statirtes 286.26, persons with dsabritres rreeding special aGcommo-
Affiant further says that the said Okeechobee News is �ti� Pa InthisngshouldcontactLaneGamioteano
x215; I D Ys Prmr hr �� 863-763-3372
a newspaper published at Okeechobee, in said Okeechobee 1 t�orr(TTvo�ic�,e impared, caN 1_800. _34ge (race) or
County, Florida, and that said newspaper has heretofore been Lane Garniote COY CLERK
published continuously in said Okeechobee County, Florida 525127 ON t0/8/04
each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
j.
Swo rt to d subsc ' d before me this
day of A.D. 20
R. Brown
Notary Public, State of Florida at Large �* ' � Commission #DD272118
;'� • �' T: Expires: Jan 17 200i
'y'eoF^°'• Bonded Thru
Atlantic Bonding Co., Inv
The Okeechobee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
PUBLIC NOTICE
COO"IDEM I NI ADOPTING
A CfTY ORgNANCE
• • EXHIBIT 2
OCTOBER 5, 2004
ORDINANCE NO. 874 REGULAR MEETING
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING
DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING
DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
Number: 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, the owner of the property more particularly described hereafter, has heretofore
filed a petition (Petition No. 04-008-R) pursuant to the Land Development
Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of
land consisting of 0.32 acre(s) from Residential Single Family -One (RSF-1) Zoning
District to Commercial Professional Offices (CPO) 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 by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the
City Council; and properly executed by the mayor or designee, as Chief Presidin
Officer for the City:
SECTION 1. LEGAL DESCRIPTION.
The following described land, located in the City of Okeechobee, to -wit:
Lots 7 and 8 of Block 78, OKEECHOBEE, according to the plat
thereof recorded in Plat Book 5, Page 5, public records of
Okeechobee County, Florida.
SECTION 2. ZONING MAP AMENDMENT
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to
reflect the subject property zoning classification to be changed from Residential
Single Family -One (RSF-1) Zoning District to Commercial Professional Offices
(CPO) Zoning District.
SECTION 3. CONFLICT
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABIUTY
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.
Page 1 of 2
0 0
INTRODUCED for first reading and set for final public hearing on this r day of October,
2004.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 19"' day of October,
2004.
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 2 of 2
City of Okeechobee
General Services Department
55 S.E. 3'd Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date:
a'S
Q Petition No.
-
jZ
Fee Paid: aSIc�A Jurisdiction:
1st Hearing:
g q a
�� 2ndHearing: �Q i
Publication Dates:
Notices Mailed: ,
Uniform Land Use Application
Re2nne • Cnarinl W-vrontinn •
✓
Name of property owner(s): 3 i- -z7ne
A
P
Owner mailing address: �8 S- 51 , ,:t ,
P
L
Name of applicant(s) if other than owner (state relationship):
'
I
Applicant mailing address: Alfnk
C
A
N
Name of contact person (state relationship):_-Ani*4a. L D�
ELContact
Rerson daytime hone(s): - /1 Fax: _
✓
Property address / directions to property: Al. c . er o �. fir, 6 SL. �3 Vt.-
Indicate current use of property: CQ
Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state):
on
Approximate number of acres: ' 32 Is property in a platted subdivision?
P
R
Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe:
�^
0
P
E
Have there been any land use applications concerning- al or p of this perty in the last year? If so, indicate date,
nature and applicant's name: ` ,
R
Is a sale subject to this application being granted?%
T
Y
Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses:
Describe d'oining and uimprovements
uses / iovements to the North:
mmP`c�
South. _ Cl,n ast: t West: b►
Existing zoning: _ i Future Land Use Classification: S
Actions Requested: (_zone (_) Special Exception (_) Variance
Parcel Identification Number: 3 - 15 - 3 7 - 3 S- D O i U- 6 O 7 96 - 00-7 n
rSignature
Confirmation of Information Accuracy
y certify that the information in this application is correct. The information included in this application is for use by
of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to
0 d to 30 s and may result inthe summary denial of this application.
t! G1viclt -L% _ Jo? 'Q Printed Name Date
,7n&'r
Uniform Land Use Application (rev. uw) Page 1 of 2
Current zoning classification:7Ks j Requested zoning classification
R
What is your desired permitted use under the proposed classification:
E
Z
r o�d- ( O-P 'o re
O
N
If granted, will the new zone be contiguous with a like zone?
E
Is a Special Exception necessary for your intended use9 Variance?
ILJI
o D
Describe the Special Exception sought:
S
P
E
C
Provide specific LDR ordinance citation:
I`
A
L
Are there other similar uses in the area? Is so, describe:
E
X.
C.
E
Why would granting your request be in the best interest of the area and residents?
P
T
I
If business, briefly describe nature including number of employees, hours, noise generation and activities to be
0
N
conducted outside of a building:
Describe Variance sought:
V
A
R Describe physical characteristic of property that makes variance necessary:
I
A
N
C Did you cause or contribute to the characteristic? Is so, describe:
E
What is the minimum variance necessary?
9
s
Uniform Land Use Application (rev. 1/03) Page 2 of 2
David & Anita Nunez, Jr.
2085 S.E. 4 th. Street
Okeechobee, F134974
863-467-0611
Fax 467-0610
August 25, 2004
City of Okeechobee
Rezoning Change Request
2) The property is owned by D & A Sod and Landscaping, David and
Anita Nunez own the company and will be developing the property.
10) Change request for the purpose of construction of an office building.
The existing zoning does not allow this use, future land use allows
for a change to light commercial.
11) Office building for professional uses.
Thank You,
David Nunez
___ _ ..._ ._.
- - --83/29/2064 `16:28.. ` 8634: ill DA Sdn
PAGE 82,
• � At nd Rotate tat
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P. D 1367
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ttnreMade this 6th day of February , 2004 �•, B��1Pffi.i±BR and SLSIS lL. xsLDER, his rife
Stets of Florida r �+ mad
w * of Okeechobee 9
D A OD r. LANDSCAPIIda, n;C.r a Florida corporstiOn
TAW I is 2085 S.S. 4th Street, Okeechobee, FL 34174
of Casey of Okeechobee , Ste of Florida m �rittEC.
�y ess tmdthe(iRAPrtORs,farmadiaaosmide.�aotu+mwtaof
--
--TEN DOLLARS ($10)----------------------- DOLLARS,
- whet, 3aaa ma ..1mmhM mooddormriaa b c0u►xrnas ie bete p.id by GRAN'r88, the whtomof ix heaaby aelmowtodp4
.md eoY to eta and GRAN= aad aRAxrF1:'S hobs, saomsmmm sad t� Imes the t6 VW t[ deemed b04 M MV'
sum of Florida tt►r.•it:
• �tmd iadrCwsyaF Okeechobee at thereof
is 7 and 8 of Block 7$, oltsEC808S8, aceort3inQ to the g}
co ed is Plat Hook S, pope S, public records of Okeechobee Couaty,
for ds.
ubj ct to r.strictioaa, reservations and asstststeats of record, if
Which are not reimposed hereby, and t&z*N subsequent to December
1st, 2003.
the Lf,:=
aid Lod. sad wM ddWA do amm mMW kwfd chime of dt peseamwho—va
to R7tQtt w h atatto mw thw, hmttds tmtd sm b On dmy and ym Sot obeys «dem.and A onr ptaeace: ,
Y var=A1t S . WILDER
P.O. Addtae M N.& Sad Avrow^ Olum" m4 PL 347n
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II ZLSIZ M. WHILDER
P.O. Addtew:08 M& 384 Avtta24 okmambee, n 34M
ST TE OF
FLORIDA
C OF O»;EscaOMM 2004 by
hamt®ttmt WIN wbowkdtat hmmte met ehim 6th day of February f
S. NBLDER and ZLSIY X. RSLDER , his wife
who'P=maykww m=Qrwhohawyto&=dtb* Florida driver's license amide mmUos
t IYAHAICOtIl.Y
t3' COlir891di ! CC 9!0l01 yvi
it f�ltll0memestZ Notary Publia
lltt arwnwawMrtr..r+ 'b,� p i 12/12/04
t..e�wb•aemermr+�tr.tmom tmet>dwss�srs+e+
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I AK
30 i5 0 30
MEMO
SCALE : AS SHOWN
rp i cAL LEGwv
(WHERE APPLICABLE -SEE DRAWING)
PRN-PEf01ANENT REfEIIEIICE MONUMENT
PCP-P681ANENT CONTROL POINT
Tor-FOUND
MO
ifiS-REBAA SET w/Cap No.5178
IPF-IRON PIPE FOUND
POL-POINT-ON-LINE
uTS-IN! I TED TELEPME SERv I CE
FPL-FLORIDA POWER S LIGHT M
(FI-FIELD MEASURE (PI -AS PER PLAT
(CI-CALC.DISTAICE (017AS PER DEED
S/T-SEPTIC TANK NH -MANHOLE
FC -FENCE COMB pp -POWER POLE
CMP-CORRl16,1ET.PIPE Tn8-TOP OF BAiK
RCP-REINF.CONG PIPE C8 -CATCH BASIN
—�■'OVEIMC. LIME WIN --WATER METER
---- FENCE LINE Us-uMoSIGROUND
QJINIFYOR HOTS
i. BeariR95 shown are relative assuming
N90.00 00'E along S..R/W N.E.6th Street.
2. This survey Is based on Information
provided by the customer/agent and no
search was made of public records by
this office to verify or deny owners.
easements,ar 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.
S. According to FiRM map dated 2/04/i98i
panel a 1201,77 02000. parcel lies
in Not Included Area of City Limits,
Flood Zone C, per Okeechobee County
Planning 6 Zoning Department.
6. There may be additional restrictions
(�
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IH
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that are not recorded' an this survey I I
.t.RCthat �mayy be found in the Public Records.
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LOTS 7 6 8, BLOCK 78, OKEECHOBEE, ac- j
a
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CLOT 8
w V A CIA rl 1
m
0
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carding to the plat thereof as recorded a o_
in Plat Book S. Page 5 of the Public
0 ELEVATIONS ARE N6YD,1929 DATUM Records of Okeechobee County, Florida. I
I I RBF
— _—70.05' (C) 70' (P)
— — — — — — — — — — — — 4 Qf PP W/lIT6
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S89' 55' 23' W 991 96' (F) !00' ( P)
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— — — — — — — No. 5178
RBF w/Cap N90' 00' 00' E (ASSUMED] 300.22' (F] 300' (P]
No. 6329
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LARUE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
e-mail: larue-planning@att.net
Memo
To: Bill Veach, City Manager
Lane Gamiotea, City Clerk
From: James G. LaRue, AICP
Date: September 29, 2004
Subject: Rezoning Ordinance for 04-008-R (Nunez)
On September 281h, the City's Planning Board recommended the CPO Zoning District for
this rezoning request. This was the best alternate rather than the CLT Zoning District, which was
the original request. The applicant was present and did not object to this. Staff felt that the CPO
District, being more restrictive for various uses allowed, was the most suitable for this
transitioning neighborhood.
If there are any questions regarding this zoning request, I will answer them at the October
5`h City Council meeting.
JGL:lk
cc: John Cook, Attorney
8, 2004 - Planning Board - Paze 2 of 4
IV. NEW BUSINESS.
A. Rezoning Petition No. 04-008-R. Consider a recommendation to the City
Council to rezone the property located at the Northeast comer of Northeast 6th
Street and Northeast 2nd Avenue from Residential Single Family One (RSF-1)
to Light Commercial (CLT). D & A Sod and Landscaping is the property owner,
David Nunez is the applicant - Exhibit 1.
Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows:
Planning Staff Report Summary: The subject property is currently zoned Residential Single
Family (RSF-1) and a Future Land Use category change to Commercial is pending for this
property. The applicant is requesting a rezoning from RSF-1 to Light Commercial with no
Amendment of the Future Land Use Map required if the Commercial category change is approved.
The applicant is proposing to build a professional office building. The uses for CLT are as follows:
Sec. 90-251. Generally. (1) Light Commercial (CLT) Zoning Districts shall be permitted only
on land designated as Future Land Use category Commercial in the comprehensive plan. (2) Uses
in Light Commercial (CLT) Zoning Districts shall be subject to the regulations of this division.
Sec. 90-252. Permitted uses. The following principal uses and structures are permitted in the CLT
district: (A) Professional office, business office, medical office. (B) Retail store, retail service. (C)
Personal service. (D) Craft studio. Sec. 90-253. Special exception uses. The following uses and
structures are permitted in the CLT district after issuance of a special exception use petition and
may have additional conditions imposed at the time of approval: (A) Restaurant, cafe. (B) Dry
cleaner, laundry. (C) Private club, nightclub. (D) Business school. (E) Radio, television or cable
reception, transmission or operational facilities. (F) Commercial indoor recreation. (G)
Commercial parking garage or lot, taxistand. (H) Outdoor vehicle sales lot. (1) House of worship
(J) Marina, doc, pier. (I) Enclosed storage. (L) Public facility or use. (M) Public utility. (1S)
Permitted uses in excess of 45 feet in height. (0) One dwelling unit per commercial building, not
exceeding two bedrooms or 800 square feet. (P) Group home.
Planning Staff Report Analysis: (1) The proposed zoning is not contrary to the general
Comprehensive Plan requirements for Commercial. However, if the current applicant is requesting
a zoning change to be most compatible with this specific neighborhood, CLT is not appropriate.
(2) The proposed use being applied for is specifically authorized under the Zoning District in the
Land Development Regulations. (3) The proposed use will not have an adverse effect on the public
interest. An office use will not have an adverse effect on the public interest in the neighborhood
but other uses in the CLT Zoning District might. A CPO Zoning District would be more
compatible than CLT zoning.
2004 - Plannine Board - Pau 3 of 4
IV. NEW BUSINESS.
B. Rezoning Petition No. 04-008-R, continued.
Planning Staff Report Analysis, continued: (4) The use is appropriate for the location proposed,
is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing
land use patterns. The zoning as requested is not as appropriate as CPO for the location proposed.
CPO zoning would be more compatible with adjacent land uses. Office use is not contrary or
detrimental to urbanizing land use patterns and be accommodated in the CPO District. (5) The
proposed zoning, if CPO, will not adversely affect property values or living conditions, nor will
it be a deterrent to the improvement or development of adjacent properties. Some uses, however,
within the CLT Zoning District would adversely affect adjacent properties. (6) The proposed use
can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or
hazard to the neighborhood. (7) The proposed zoning and/or use will not create a density pattern
that would overburden public facilities such as schools, streets, and utility services. (8) The
proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect
public safety. (9) The proposed use has not been inordinately burdened by unnecessary
restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions.
(10) The proposed zoning change, if it becomes CPO, will not be granting a special privilege to
the owner.
Planning Staff Report Summary and Conclusions Prior to Certification: The applicant's
request, if modified to CPO zoning, will be consistent with the City's Comprehensive Plan if the
Small Scale Amendment is approved as Commercial.
Planning Staff Report Recommendation: Staff recommends denial of the request to allow
rezoning from Residential Multi -Family (RMF) to Light Commercial (CLT); but recommends a
CPO Zoning District for this property.
Anita Nunez, representative of the applicant, explained that they are planning to use the property
for an office space for their sod business, and possibly rent out another section to a business
professional. She continued by saying that it is possible that she will sell the lot in the future or
even create a salon or spa, and does not want the recommendation for Commercial Professional
I
ber 28, 2004 - Planning Board - Page 4 of 4
IV. NEW BUSINESS.
B. Rezoning Petition No. 04-008-R, continued.
V. ADJOURNMENT - Chairman
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board
with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for
such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of
the Department.
Dawn Hoover, Vice -Chairperson
ATTEST:
Office (CPO) to limit the list of permitted uses. Jim LaRue explained that the proposed uses that
she is explaining are listed as a permitted use or a special exception use in Commercial
Professional Office (CPO) zoning.
Board Member T. Keller motioned to recommend to the City Council to approve rezoning petition
04-009-R from Residential Single Family -One (RSF-1) to Commercial Professional Office (CPO),
instead of the requested Light Commercial (CLT) zoning; seconded by Board Member Jones.
VOTE
HOOVER - YEA
JONES - YEA
T. KELLER - YEA
MAXWELL - YEA
MOTION CARRIED.
There being no further items on the agenda, Vice -Chairperson Hoover adjourned the meeting at
8:06 p.m.
Katrina Vinson, Secretary
0
EXHIBIT 3
OCTOBER 5, 2004
C WG A. SMITH & ASSOCIATES REGULAR MEETING
GOVERNMENTAL SERVICES, LLC
C#11Z1 Governmental -Legislative Services -Grants -Special Funding
242 Royal Palm Beach Blvd., Royal Palm Beach, FL 33411
EMAIL: casrrob0craigasmith.com
Tel: (561) 791-9280 Office Fax: (561) 791-9818
Cell (561) 718-2100
MEMO
TO: Bill Veach, City Administrator
City of Okeechobee
FROM: Ken Grimes
M. Dale Milita
DATE: September 21, 2004
SUBJECT: 2004-2005 COMMUNITY BUDGET ISSUE REQUESTS (CBIR'S)
Legislative Delegation Meeting
As you are aware, your Legislative Delegations meetings will be scheduled in the near
future. We should begin to prepare now for the upcoming Delegation meetings the
development of your priority list with respect to items that you wish to have brought
before the 2005 Legislature, both legislation and appropriations.
The Community Budget Issues Requests (CBIR's) will need to be completed. If you
wish our assistance in either the development of the priority lists or with completion of
these CBIR forms, please let us know as soon as possible, in order that we may get
started. If you have already developed this list and/or the CBIR's, please forward this
to Ms. Connie Vanassche via facsimile at 561-791-9818, and if you are compiling your
priorities and want CAS to participate, please let us know as soon as possible. We will
be glad to meet with you and/or your Council in this process.
We are enclosing a CBIR form, however please be aware that it is the form used during
the 2004 Legislative Session and it could be changed for the 2005 Session. If you want
to use this form as an outline or as a draft we will make appropriate changes that may
be needed if the form changes.
Ken Grimes, Connie Vanassche and I look forward to working with you during this
Session.
Thank you.
GAlegislativebkeechobee, city o1\2005 legislation\correspondence\2005-cbirMEMO-0kee-City.doc
Houseom for Community Budget Issue Req*2004
Project Tracking #:
1. Project Title: _
2. Member Sponsor(s) Name:
Date:
District No.(s):
3. What statewide interest does this project address as it relates to Chapter 216.052(1):
4. Requester
Name:
5. Recipient:
Name: _
City:
Counties:
Organization:
Street: _
Zip Code:
Gov't Entity _ or Private, Organization (Profit/Not for Profit)
6. Contact:
Name: Phone:
email:
7. Project Description (includes services to be provided):
8. Is this a water project as described in Chapter 2002-291, Laws of Florida Yes _ No Unknown _
8a. If yes, has the project been submitted to the Dept of Environmental Protection? Yes No Unknown
8b. If yes, enter the DEP identifying number:
9. Measurable Outcome Anticipated:
10. Amount you are requesting from the State for this project this year? Amount Requested:_
11. Total cost of this project this year?
12. Is this request being made to fund (check all that apply) Operations _ Construction
13. What type of match exists for this request? Local _ Private _ Federal _ None _
13a. Enter all amounts that apply: (to date)
Total Cash Amount:
Total In -Kind Amount:
14. Was this project previously funded by the State: Yes _ No _ Unknown
14a. If yes, most recent Fiscal Year: (e.g. 2001-2002) Fiscal Year: Amount:
15. Is future -year funding likely to be requested? Yes _ No Unknown 15a. If yes, how much?
16. Will this be an annual request? Yes _ No , Unknown
17. Was this project included in an Agency Budget Request? Yes _ No _ Unknown
17a. If yes, name the Agency:
18. Was this projected included in the Governor's Recommended Budget? Yes No Unknown _
19. Is there documented need for this project? Yes _ No Unknown
19a. If yes, what is the documentation? (e.g. LRPP, Agency Needs Assessment, etc.)
20. Was this project request heard before a publicly noticed meeting of a body of elected officials (municipal, county
or state)? Yes _ No Unknown
20a. If yes, name the Body:
Most recent meeting date:
Important. Attach appropriate supporting documentation
. 0 Page 1 of 1
Bill Veach
From: "Bill Veach" <bveach@cityofokeechobee.com>
To: "Williams, Clayton" <cayton@bergerrealestate.com>; "Watford, Dowling"
<dowlingwatford@okeechobeeford.com>; "Markham, Lowry" <Iowrymarkham@earthlink.net>;
"Chandler, Noel" <captchandler2002@yahoo.com>; "Mayor KirW' <jimkirk@adelphia.net>
Sent: Thursday, September 23, 2004 2:27 PM
Subject: Community Budget Issue Requests
Dale Milita is requesting those budgetary items the City will request from the State (and present to the Okeechobee
delegation). This will be an item on our October 5th City Council agenda.
Pm sure you recall that we've already committed to making the OUA sewer capacity issue our number one priority. Please
let me know any other items you would like to include in the list.
FYI, last year's items were:
1. Assistance with Industrial Park related issues including the proposed Taylor Creek bridge, connector road and
\' keeping our grants in place.
V 2. Storm drainage, city wide including the development of a Master Drainage Plan.
3. Address the out of control escalation of insurance costs.
4. Reduction in state mandated requirements for individuals appointed to local boards — for example, the stringent
educational requirement for Pension Board members.
N15. Continued improvements to US 441 and SR 70.
"r 6. Money/equipment to address canals within the City.
7. Mosquito abatement.
Thanks.
Bill V.
9/23/2004
•
•
WILL BE PROVIDED BY
THE CITY ATTORNEY
Exmff 4
OCTOBER 5, 2004
REIMBURSEMENT AGREEMENT
THIS AGREEMENT is entered into this day of , 20 ,
by and between the CITY OF OKEECHOBEE, FLORIDA, EMPLOYER, and
EMPLOYEE, and is for the purpose of
employee's guarantee to reimburse certain training or education expenses paid by the
CITY, and includes the following:
THIS IS A LEGALLY BINDING CONTRACT FOR EMPLOYEE TO
REIMBURSE THE CITY OF OKEECHOBEE, FLORIDA FOR TRAINING/
EDUCATION EXPENSES ADVANCED BY THE CITY UNDER THE
CONDITIONS SET FORTH BELOW. IF YOU ARE NOT CERTAIN AS TO
YOUR LEGAL RIGHTS AND RESPONSIBILITIES, YOU SHOULD REVIEW
THIS CONTRACT WITH LEGAL COUNSEL PRIOR TO EXECUTION.
1. For the sufficient mutual considerations set forth herein, the undersigned
EMPLOYER and EMPLOYEE enter into this contract on the date and time
set forth above.
2. That the position held by EMPLOYEE with the City of Okeechobee may
require from time to time that EMPLOYEE attend training/education/
certification programs or classes, as a pre -requisite to continued employment
with the CITY.
3. That the CITY agrees to advance the costs of such training/education/
certification, including in its discretion, program fees, materials, travel,
lodging, per diem, or other related expenses on behalf of EMPLOYEE.
4. That the several programs attended by EMPLOYEE may over the course of
employment with the CITY occur over a period of several years, and
constitute a considerable expense by the CITY to properly train or certify its
employees.
5. That by execution of this agreement, EMPLOYEE contracts and agrees, on
behalf of him/herself, heirs and personal representatives, that EMPLOYEE
shall remain as a full time employee with CITY for a continuous period of two
t= '--M)Wars following completion of any particular training/education/certification
session for which the CITY advances the costs. Once EMPLOYEE
completes such two years of employment, there shall exist no right of CITY
to claim reimbursement for the expenses related to that session.
Page 1 of 2
6. If, however, EMPLOYEE should voluntarily or involuntarily leave the
employment of the CITY within the two year window measured from date of
completion of a particular training session to date of separation from CITY,
then EMPLOYEE agrees and shall reimburse the CITY in full for all
expenses reasonably related to EMPLOYEE'S attendance at such
training/education/cerafication session.
7. Such amounts of reimbursement
t
full without demand separation upon
of
EMPLOYEE shall be due d or presentment, and
EMPLOYEE authorizes CITY to withhold to the extent available, any accrued
sick leave, unpaid overtime, annual leave, or other monetary benefit to which
EMPLOYEE might otherwise be entitled upon separation of employment, to
pay such reimbursement, with any excess remaining paid to employee.
8. If at the time of separation of employment, such reimbursement is not paid
in full by EMPLOYEE, then EMPLOYEE agrees to pay in addition to CITY
all reasonable costs of collection, including but not limited to attorneys fees,
court costs and interest.
9. That CITY reserves the right, in its sole and absolute discretion, to waive all
or part of any expense related to training/education/certification of any
EMPLOYEE for reasons found to be sufficient by CITY.
Fees and Expenses:
EXECUTED and agreed the date above set.
ATTEST:
Lane Gamiotea, City Clerk
EMPLOYEE
CITY OF OKEECHOBEE, FLORIDA
As authorized agent thereof
Page 2 of 2
Sep 2.0 04 10:13a p.2
is
Seminole Roofing,
6202 North Branch Ave.
Tampa, Florida, 33604
Phone: (813) 238.9582
Fax: (813) 234-6370
Proposal/Contract
Inc
C3
LIC# CCC-088318
Proposal Submittec to: Oscar Bermudez Phone:883-763-3372 Date: 09/29/04
Name: City of Okeechobee Job Name: City Hall
Street: 55 SE 3rd Ave Job Location: 55 SE 3rd Ave
City: Okeechobee State:Fl Zip:
We hear by submit specifications and estimates for.
1 Re -Roof > Remove E)dstlng Roof
2 Install Polystick TU & all Necessary Flashing
3 Install Entetra Spanish S Concrete Tile
4
5
6: Warranty will be 1 years on workmanship anc 50 years (limited) from manufacturer
7: Additional charges to owner which CAN NOT be calculated to existing roof or repair is completed
.4) Replace rotten sheathing at see below lsq.ft
B) Replace rotten fascia at $2 linear ft.
C) Add per any additional layer of roofing to be removec n/a lsq.ft. (Quote includes t layer)
8: Otherls ecial re nest:
Sheathin 112 COX Q 32.50 er sheet ( if Needed)
Vde Nearby propose to furnish labor and materials in accordance with the above specifications,fcr
the sum of Thirt -Two Thousand Dollars/ $32-000 _
DUE ON COMPLETION OTHER PAYMENT
All materials is guarentoed to be as spaei6ed. All work to be completed in a wodananl6a mamter sceorOns to standard practices. Any elterebons or oe iaeon from
Above %Wi ieabon invoking ed:s costs vwli be executed only opal wntsn orusre and w,n besoma an axis dncge over and above the estimate. All agreements
contingent upon strakes, scodents or delays Seyond sit antics. T.1 s proposal subjects to aouptancs v*&.:n_�daya and m void thersaRet st the option e
one undersgnd,
ACCBptllince of Proposal
The above pdces speeiied and conditions are :iemyacesoled' You 110 autltonze to do the work as spe611ed. Payment vdll f» made as Outlined above.
Sep 30 04 10:13a
15,114
Seminole Roofing,
6202 North Branch Ave.
Tampa, Florida, 33604
Phone: (813) 238-9582
Fax: (813) 234-6370
Proposal/Contract
Inc
C3
L1C# CCC-058318
Proposal Submitted to: Oscar Bermudez Phone:863-763-3372 Date: 09129J04
Name: City of Okeechobee Job Name: Garage
Street: 55 SE 3rd Ave Job Location: 500 NW 11th
City: Okeechobee State:Fl Zip:
We hear by submit specifications and estimates for:
1 Re- Roof > Remove Existing Roof
2 Install 3/4 Perlite
3 Install New Eave Drip, Boots & All Necessary Flashing
4 Install Three Ply Fiberglass ( Mop Down)
5 Install 3/8 River Gravel
6: Warranty wiu be 1 years on workmenship anc 12 years from manufacturer
7: Additional charges to owner which CAN NOT be calculated to existing roof or repair is completed
A) Replace rotten sheathing at see below /sq.ft
B) Replace rotten fascia at $2 linear ft.
C) Add per any additional layer of roofing to be remover. n/a /sq.ft. (Quote includes 1 layer)
a: Other/special request:
Sheathing 1/2 CDX l_ 32.50 per sheet ( if Needed)
We hearty propose to furnish labor and materials in accordance with the above specifications,for
the sum of Eighteen Thousand One Hundred and Hinty Dollars/ $18,190
DUE ON COMPLETION _ OTHER PAYMENT
All nratenals is suaranted to be as speaiFed. Aliwade to be cornpleud in a %vorkmanlore manner ac cordirg to smm" practices. Any skeretions ar dew ilec rtom
Above spacilicatian invOm"S edba cosy Will be etaewlad only upon wdtWa orders and will "Coble an ser.:Parse aver and -bars the astowta. AN asteemem
contingent upon susres, accidents or delays beyond our control This proposal subjects to aceeptancs •nithin_daya"is void thereafter at the option d
the untlerslsned.
Acceptance of Proposal
The above prices speand and conditions 0V hereby aaetpud. you are auewmt 10 do the work as specified Poynter%will be mode as outllned above.
September 23, 2004
VIA HAND DELIVERY
Mr. Bill L. Veach
City Administrator
City of Okeechobee
55 S.E. 3`d Avenue
Okeechobee, FL 34974
Aablphia
Michael E. Tanck
Director of Government & Community Affairs
12233 Pembroke Road
Pembroke Pines, FL 33025
Phone (954) 450-2627 x 104
Fax (954) 430-5578
Dear Mr. Veach:
To keep you informed of the continuing activities here at Adelphia, we write today to notify you that
effective with the November 2004 billing statements, prices for various cable services will increase. We
will be providing customers with thirty days prior notice of these changes in their October billing
statement.
RATE CHANGES
The prices that are changing are:
Service
Old Price
New Price
Broadcast Basic
$ 14.65
No change
Expanded Basic
$ 32.15
$ 33.34
Classic Cable
$ 46.80
$ 47.99
Silver Value Pak
$ 23.45
$ 24.45
Gold Value Pak
$ 31.45
$ 34.45
Platinum Value Pak
$ 37.45
$ 40.45
Ultimate Value Pak
$ 44.45
$ 46.45
Bronze Advantage Pak
$ 40.65
$ 42.45
Silver Advantage Pak
$ 50.65
$ 52.45
Gold Advantage Pak
$ 58.65
$ 62.45
Platinum Advantage Pak
$ 64.65
$ 67.45
Ultimate Advantage Pak
$ 62.65
$ 67.45
Digital Converter
$ 3.25
$ 4.25
All other prices remain unchanged.
0
•
Mr. Bill L. Veach
September 23, 2004
Page 2
Adelphia has given careful consideration to the rates we charge to insure that we are delivering the best
value for the money our customers pay. Most businesses, including the leading cable,
telecommunications and satellite companies, base their prices in part on the amount of capital necessary
to bring improved service and competitive offerings to the marketplace. We are going well beyond that
business principal by reinvesting the vast majority of our revenue. We have also chosen to not increase
rates for the Broadcast Basic Service, our lowest tier of cable service which includes local television
stations. Our goal is to continue to offer low cost options to all of our customers.
CABLE SYSTEM P"ROVEMENTS
Adelphia provides customers more value through increased investment in our network. As you know,
Adelphia has invested millions of dollars to upgrade our broadband networks, and we continue to invest
even more as new products are launched. The risk we took with our investment has allowed your
community to keep pace with the latest technology products that our customers ask for, such as Adelphia
Digital Cable -unmatched picture quality with over 200 channels available, Adelphia High -Speed Internet
- faster than DSL and the Adelphia Digital Video Recorder (DVR) service.
Customers who have not taken advantage of new services have also benefited greatly from these
investments. The recent upgrade of our local network has dramatically improved picture quality, as well
as the reliability and quality of the network. In addition our the interactive Broadband network brings
enhanced variety and quality of choices in video programming, digital video and audio services,
powerful, user-friendly program guides, and superior Internet access at unprecedented speeds.
PARENTAL CONTROL
Adelphia understands that all programming is not for all viewers. Subscribers on our network have the
option to use parental controls to restrict the channels and viewing habits of their children or family. This
is an important issue to Adelphia and we support the industry effort to educate subscribers through the
Take Control of Your TV program. For more information on this effort please visit
www.ControlYourTV.org.
I14PROVED CUSTOMER SERVICE
Adelphia has also made a significant investment to provide 24 / 7 customer service. Unlike our
competitors, Adelphia maintains technical operations centers in the communities we serve, offering 24/7
customer service thru our call centers, plus weekend installation and service appointments. Again unlike
our competitors offering satellite services, Adelphia employs over 1,700 local residents in our southeast
region who are active in your community.
INCREASED COST OF PROGRAMMING
When customers receive their Adelphia statement each month, the biggest single expense it reflects is the
cost of cable programming. Put another way, we invest about as much each year in cable programming as
we do in customer service, technical operations, and marketing combined.
Mr. Bill L. Veach
September 23, 2004
Page 3
The price Adelphia pays cable networks for basic programming has increased more than 30% over the
past three years. This increase is no different than what consumers have experienced in recent years with
the increases in other entertainment costs, for example: for about the cost of tickets to just one
professional or collegiate sporting event, a family can receive an entire month of basic, digital and
premium cable programming or for about the cost of dinner out for a family of four, that same family can
receive an entire month of basic cable and high speed internet service.
LOCAL PARTNER IN THE CONHAUNITY
Finally, it is also important to note that our investment in the communities where we provide service goes
far beyond installing cable in your community. Adelphia believes in serving our communities. Adelphia
has been providing free Cable in the Classroom and high-speed hiternet service to local schools.
It is always a challenge to balance the difficulty of informing our customers and community leaders of a
price increase with the enthusiasm of expanding our capabilities and offering new products such as
Adelphia Digital Cable and high definition television. At the same time, we believe that we continue to
offer our customers the best entertainment value available.
If you have any questions about this information, please don't hesitate to contact me at (954) 450-2627 x
104. We value the opportunity to serve the customers of your community and look forward to continuing
to work with you in the future.
Sincerely
4 yours,
Michael E. Tanck
Director of Government & Community Affairs
f
0
Adelphia
For Immediate Release Contacts:
(Media) Paul Jacobson (303) 268-6426
(Media) Erica. Stull (303) 268-6502
(Investor Relations) Jim Buckley (303) 268-6424
Adelphia Launches Sale Process
Company To Be Sold in Whole or in Part Through the Sale of Seven Strategic
Clusters; Plan Designed To Maximize Value for AU Stakeholders
Greenwood Yrllage, Colo., September 21, 2004 — As part of its continuing effort to
maximize value for all of its constituents, Adelphia Communications Corporation
(OTC:ADELQ) announced today that it has formally launched its sale process. As part of that
process, Adelphia will allow interested parties to bid on any or all of seven strategic clusters of
cable systems, organized principally by geography and ability to operate as standalone entities.
The clusters are Northern New England/Eastern New York; Cleveland/Greater Ohio Valley;
Florida/Southeast, Califomia/Westem; Virginia/Maryland/Colorado Springs/Kentucky;
Pennsylvania; and Western New York & Connecticut.
"By dividing the company into seven distinct strategic clusters, we believe we can maximize
value for Adelphia's wide range of creditors and other stakeholders," said Bill Schleyer,
chairman and CEO. "Our goal in grouping the clusters is to produce a robust sale process by
offering maximum flexibility for all interested parties including strategic and financial buyers.
We have already signed confidentiality agreements with many parties and are pleased with the
level of preliminary interest."
Final bids for the assets are expected by year-end. UBS Investment Bank and Allen &
Company LLC are financial advisors for the Adelphia sale process.
Adelphia is currently operating in Chapter 11 bankruptcy.
About Adelphia
Adelphia Communications Corporation is the fifth -largest cable television company in the
country. It serves customers in 31 states and Puerto Rico, and offers analog and digital video
MORE
El
ADELPHIA CLUSTERS
SEPTEMBER 21, 20W — PAGE 2
services, high-speed Intemet access and other advanced services over Adelphia's broadband
networks.
Cautionary Statement Regarding Forward -Looking Information
This document includes forward looking statements within the meaning of Section 27A of the Securities Act of
1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements regarding
Adelphia Communications Corporation's and its subsidiaries' and affiliates' (collectively, the "Company")
expected future financial position, results of operations, cash flows, process for sale of the Company, restructuring
and financing plans, expected emergence from bankruptcy, business strategy, budgets, projected costs, capital
expenditures, network upgrades, products and services, competitive positions, growth opportunities, plans and
objectives of management for future operations, as well as statements that include words such as "anticipate," "if;"
"believe," "plan," "estimate," "expect," "intend," "may," "could," "should," «will," and other similar expressions are
forward looking statements. Such forward looking statements are inherently uncertain, and readers must recognize
that actual results may differ materially from the Company's expectations. The Company does not undertake a duty
to update such forward -looking statements. Factors that may cause actual results to differ materially from those in
the forward -looking statements include the Company's pending bankruptcy proceeding, results of litigation against
the Company and government investigations of the Company, the effects of government regulation including the
actions of local cable franchising authorities, the availability of financing, actions of the Company's competitors,
results and impacts of any process to sell the Company or its assets, customer response to repackaged services,
pricing and availability of programming, equipment, supplies, and other inputs, the Company's ability to upgrade its
network, technological developments, and changes in general economic conditions. Many of these factors are
outside of the Company's control.
R
a
a
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: October 1, 2004
SUBJECT: Status Report
FROM: Bill L. Veach, City Administrator
Below is a brief summary of past and upcoming events.
ADME41STRATION Hurricane Related Issues — City Staff has been taxed by, but responded very well to
AND GENERAL the demands of dealing with three hurricanes. Debris removal and permanent repairs to
SERVICES damaged structures remain a priority at this time. Every City facility received damage
to some extent, with the most expensive being the total loss of the 150-foot
communication tower at the Fire Station. We are currently in the process of submitting
reimbursement requests (to FEMA) for overtime expenditures, property damage and
storm preparation. We are also working closely with PRM regarding insured losses.
However, with the extensive structural damage that we continue to find and the limited
time allowed to document and substantiate this damage, the City Council may want to
enlist a consulting service that is well versed in these matters. This issue will come
before you on October 5`h.
GRIT — John Cook has recently unsuccessfully attempted to initiate contact with
potential re -insurance providers. He has notified GRIT's attorney that there has been
no response from the re -insurance contact they provided. As part of the terms of the
settlement with GRIT, they must provide us with viable re -insurance contact
information.
Industrial Park— Due to flooding and damage caused by recent storms, contractors
have temporarily pulled offthe job at the industrial park. They will be returning as soon
as conditions allow. CAS reports that we can expect at least a month to 6-week delay
in final completion. This severely compounds an already tight grant imposed deadline
for completion. CAS and Nancy Phillips will be assisting me in requesting
consideration due to these totally uncontrollable circumstances.
ADMINISTRATION Downtown Streetscape Project — The project in the parks has definitely slowed due to
AND GENERAL the storms. However, lighting has been installed and is fanctionaL Landscaping
SERVICES remains to be completed. It will be finished as soon as conditions (and cleanup) permit.
CONTINUED
Nancy Phillips and Oscar Bermudez are working on the preliminary design for
storefront modification. Nancy will be discussing the design proposals with the
participants, staff and the City Council before final approval is requested fromthe State.
Locating available contractors for this portion of the project may be difficult in light of
recent storm damage demands. Additionally, many of the buildings received significant
damage, which could affect the final project.
Impact Fees — The RFP has been advertised.
OUA — The City currently needs an alternate on the OUA Board.
Florida Power and Light — Attorney Cook and I met with representatives of FPL to
discuss their franchise agreement, which will expire next year. We will be working
together to develop a new contract, which should come before the City Council early
next year.
PUBLIC WORKS I Hurricane cleanup has become the primary focus of Public Works staff.
CODE Code Enforcement is working closely with Joe Boyd with regard to severely storm
ENFORCEMENT damaged facilities.
Attorney Cook is preparing the documents related to foreclosure on Brantley property.
He is also including a nuisance abatement element to the proceedings, which should
enable the City to deal with the ongoing and growing problem while the foreclosure is
being pursued.
2
•
C7
FINANCE The final public hearing for the budget is scheduled for 5:45 p.m. on October 5'h. Lola
and Donna are at the forefront of hurricane related insurance and FEMA reimbursement
issues.
POLICE I The Department continues to discuss with the City Attorney the difficulties related to
DEPARTMENT noise complaints.
Traffic, looting, burglaries, and domestic related incidents seem to have seen an upward
spike since the last hurricane.
FIRE The back-up communication tower, which was on loan from the Department of
DEPARTMENT Forestry, was damaged by Hurricane Jeanne. Every effort is being given to replacement
of the destroyed towers and solidifying the department's communication abilities.
CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address.
1. GRIT related re -insurance issues.
2. Draft an enforceable noise ordinance.
3. Draft an education reimbursement contract for employees. Make related
changes to the personnel manual.
4. Hamrick Trust — John is in discussion with the County Attorney on this matter.
5. Research annexation issues.
6. LDR issues, such as conversion of former residential structures to commercial
and CBD site regulations and new development within the CBD.
7. Marvin Brantley's continuing situation.
8. Various LDR issues, including the commencement of site -work and sidewalk,
curb and guttering issues.
9. Work with Administrator and FPL toward a renewal of the franchise
agreement-
3
Notes for the October 5, 2004 City Council Meeting
Final Budget Hearing - 5 :45 p.m.
We will hold the final budget hearing 15 minutes before the regular meeting.
Unfinished Business
A. Attorney Cook indicates that he will have a draft copy of a new noise ordinance
for each of you to review and offer input.
New Business
A. Anita Nunez proposes to construct an office building on the NE corner of NE 6h
St. and NE 2nd Ave. This vacant lot is currently zoned Single Family. The
Planning Board recommends the City Council approve a zoning change to CPO
(commercial professional office). The landowner originally requested the
property be zoned CLT (light commercial) but indicates they would not object to
CPO.
B. Dale Milita is requesting those budgetary items the City will request from the
State (and present to the Okeechobee delegation). As you recall, we've already
committed to making the OUA sewer capacity issue our number one priority.
FYI, last year's items were:
a. Assistance with Industrial Park related issues including the proposed
Taylor Creek Bridge, connector road and keeping our grants in place.
b Storm drainage, city wide includin the develo t of a Master Draina e
Plan.
c. Address the out of control escalation of insurance costs.
d. Reduction in state mandated requirements for individuals appointed to
local boards — for example, the stringent educational requirement for
Pension Board members.
e. Continued improvements to US 441 and SR 70.
£ Money/equipment to address canals within the City.
g. Mosquito abatement.
C. Dale Milita will present an option to the City Council to retain CAS and their
subcontractors to assist the City with determining the extent of storm damage and
properly submitting it to FEMA for considered reimbursements. City staff had
done considerable work in this effort and we felt we were in good shape, until
Donnie Robertson began to report cave-ins of our infrastructure last week. We
are limited in our analysis of this type of infrastructure damage and we have only
60 days to determine the total damages and submit them to FEMA. One oversight
could be a substantial expense to the City.
As of the writing of this report, I do not know the fee CAS charges in such
matters. I am hoping to get with Dale on Tuesday to discuss his proposal in
greater detail. The advantage of going with CAS for this service is that we
already have a service agreement with them. We do not have sufficient time to do
an RFP and thorough evaluation within FEMA's allotted timeframe.
D. Attorney Cook indicates that he will have a draft copy of a new education
reimbursement contract for each of you to review and offer input.
Added Item. We have received bids to replace/repair the roof damage to the Fire
Station, Police Station, City Hall garage, City Barn and City Hall. The quotes on the Fire
Station, Police Station and City Hall garage did not exceed the threshold that could be
administratively approved. Since we are familiar with the contractor and both Donnie
and Oscar agree that they are very good prices, I have authorized the work to begin on
those three facilities.
However, the quotes on City Hall and the City Barn ($32,000 and $18,190 respectively)
far exceed the administrative approval limit and will require authorization by the City
Council.