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2006-10-03 Regular Meeting636 CALL TO ORDER - Mayor: October 3, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Rev. Maurice A. Alexander, Mt. Olive Baptist; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. CITY OF OKEECHOBEE OCTOBER 3, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 Mayor Kirk called the October 3, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Melvin Dawson of the Cathedral of Praise Church, in the absence of Reverend Maurice A. Alexander of Mount Olive Baptist Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action. for the Council Action for the September 19, 2006 First Budget Public September 19, 2006 First Budget Public Hearing and Regular Meeting, and the September 26, 2006 Final Budget Hearing and Regular Meeting, and the September 26, 2006 Final Public Hearing; seconded by Council Member Watford. There was no discussion on this item. Budget Public Hearing. 1 L 1 1 IV. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action continued. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 2 OF 6 637 VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item E was added. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to read by title only and adopt proposed Ordinance No. 959 Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 959 regarding Future Land regarding Future Land Use Map Amendment Application No. 06- Use Map Amendment Application No. 06-015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, Jr.; 015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, seconded by Council Member Williams. Jr. - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 959 by title only. Attorney Cook read proposed Ordinance No. 959 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 959. 111 Council Member Markham moved to adopt proposed Ordinance No. 959; seconded by Council Member Chandler. b) Public comments and discussion. III Mayor Kirk asked whether there were any questions or comments from the public. There were none. The subject property is located at 306 Northwest 4" Street and is approximately 0.3 acres. The applicant is requesting to change the Future Land Use designation on Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, from SF to C to allow for a Professional Office. The application was submitted by the property owners, Kay and Wes Harvin, Sr. and Wes Harvin, Jr. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 3 OF 6 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. III The application was reviewed by the Planning Board at their September 21, 2006 meeting. The Board, and Planning Staff are recommending approval based on the following findings: Comprehensive Plan Analysis: A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is consistent with Objective 2 and Policy 2.1(c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, since the zoning is Commercial Professional Office. Objective 2: The City shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. B. Concurrency of Adequate Public Facilities: The subject property is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby Land Uses: The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide a link to the existing uses that are established. Council Members Markham and Watford noted that the Land Use change was a good fit. This area is in a transitional phase, as homes are being purchased and remodeled into offices. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:10 P.M. VII. NEW BUSINESS. A. Motion to adopt Resolution No. 06-09 regarding the creation of a III Council Member Watford moved to adopt Resolution No. 06-09 regarding the creation of a Treasure Coast League Treasure Coast League of Cities - City Attorney (Exhibit 2). of Cities; seconded by Council Member Chandler. 639 VII. NEW BUSINESS CONTINUED. C. Motion to adopt Resolution No. 06-09 continued. Discussion pertaining to the Green Market - Maureen Burroughs (Exhibit 3). OCTOBER 3, 2006 - REGULAR MEETING - PAGE 4 OF 6 Attorney Cook read proposed Resolution 06-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING THE CREATION OF, AND PARTICIPATION IN, THE TREASURE COAST REGIONAL LEAGUE OF CITIES, PROVIDING FOR COOPERATION AMONG MEMBER CITIES TO FOSTER ACTION TO MEET COMMON NEEDS AND GOALS; TO PROVIDE ASSISTANCE TO INDIVIDUAL MUNICIPALITIES; AND TO REPRESENT THE TREASURE COAST REGION TO THE STATE LEAGUE OFCITIES, THE LEGISLATURE, STATE AGENCIES, THE OFFICE OF GOVERNOR AND CABINET, TO PROMOTE GOOD MUNICIPAL GOVERNMENT THROUGHOUTTHE TREASURE COAST, AND PROVIDING ANEFFECTIVEDATE."I There was a brief discussion. A representative from the City Council will be appointed In January 2007. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mrs. Maureen* Burroughs, President of Okeechobee Main Street was present. She asked Council to consider approving the Green Market (Farmers Market) for this season, being November 2006 through April 2007. The Market will be set up in Flagler Park No. 2, every Thursday from 4:00 p.m. to 7:00 p.m. The "mission" or intent of the Market is to provide the community an alternative shopping experience for healthy, fresh foods and products in a convenient customer friendly environment. This will be the second season for the Market. Council Member Watford moved to approve the Green Market weekly event for Okeechobee Main Street beginning November 2006 through April 2007; seconded by Council Member Chandler. Council Member Williams will be abstaining from voting due to her employment as the Director of Okeechobee Main Street. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED` CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Motion to approve FY 2006 budget adjustments - City Administrator III Council Member Chandler moved to approve Fiscal Year 2006 budget adjustments; seconded by Council Member (Exhibit 4). Markham. There was a brief discussion on this item. C�9 OCTOBER 3, 2006 - REGULAR MEETING - PAGE 5 OF 6 VII. NEW BUSINESS CONTINUED. C. Motion to approve FY 2006 budget adjustments continued. Council Member Williams will be abstaining from voting due to her employment with Okeechobee Main Street (OKMS), the City provides quarterly monetary support to the OKMS budget. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED CHANDLER - YEA WATFORD - YEA MOTION CARRIED. D. Motion to approve Fire Union Contract - Brian Whitehall (Exhibit 5). Council Member Chandler moved to approve the Fire Union Contract; seconded by Council Member Markham. Administrator Whitehall noted that there were only a couple modifications from the original agreement being Article 13 Pay Compensation, Section 1, 6 percent pay increase to 5 percent pay increase for Firefighter/EMT and Lieutenant Firefighter/EMT. Section 5, Fire Officer One Certified (FOOC) changed to Fire Inspector One Certified (FIOC). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: E. Police Union Contract Negotiations - City Administrator Whitehall began the discussion stating that he received a letter from City Police Officer P.C. Eddings, Administrator (Exhibit 6). Union Representative, requesting to forego Union Contract negotiations at this time, but will return to the Collective Bargaining table to discuss a contract for the following year (2007-2008). Also noted, the union members felt that the City of Okeechobee was fair in offering a 5 percent pay increase plus the retention of the STEP program. Council Member Watford moved to approve the memorandum of understanding with the Police Benevolent Association (Police Union) and to clarify that there will be no further negotions between the Union and the City for this budget year; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 641 Vill. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea, C C, City Clerk OCTOBER 3, 2006 - REGULAR MEETING - PAGE 6 OF 6 THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:25 P.M. The next regularly scheduled meeting is October 17, 2006. *Council Member Williams Form 813 Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. I. CALL TO ORDER - Mayor: October 3, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Rev. Maurice A. Alexander, Mt. Olive Baptist; 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 Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. CITY OF OKEECHOBEE OCTOBER 3, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 Mayor Kirk called the October 3, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Melvin Dawson of the Cathedral of Praise Church, in the absence of Reverend Maurice A. Alexander of Mount Olive Baptist Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 19, 2006 First Budget Public September 19, 2006 First Budget Public Hearing and Regular Meeting, and the September 26, 2006 Final Budget Hearing and Regular Meeting, and the September 26, 2006 Final Public Hearing; seconded by Council Member Watford. There was no discussion on this item. Budget Public Hearing. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 2 OF 6 IV. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of VOTE Council Action continued. KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. New Business Item E was added. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1. a) Motion to read by title only and adopt proposed Ordinance No. 959 Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 959 regarding Future Land regarding Future Land Use Map Amendment Application No. 06- Use Map Amendment Application No. 06-015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, Jr.; 015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, seconded by Council Member Williams. Jr. - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 959 by title only. Attorney Cook read proposed Ordinance No. 959 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 959. 111 Council Member Markham moved to adopt proposed Ordinance No. 959; seconded by Council Member Chandler. b) Public comments and discussion. 111 Mayor Kirk asked whether there were any questions or comments from the public. There were none. The subject property is located at 306 Northwest 0 Street and is approximately 0.3 acres. The applicant is requesting to change the Future Land Use designation on Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, from SF to C to allow for a Professional Office. The application was submitted by the property owners, Kay and Wes Harvin, Sr. and Wes Harvin, Jr. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 3 OF 6 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. III The application was reviewed by the Planning Board at their September 21, 2006 meeting. The Board, and Planning Staff are recommending approval based on the following findings: Comprehensive Plan Analysis: A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is consistent with Objective 2 and Policy 2.1(c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, since the zoning is Commercial Professional Office. Objective 2: The City shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. B. Concurrency of Adequate Public Facilities: The subject property is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby Land Uses: The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide a link to the existing uses that are established. Council Members Markham and Watford noted that the Land Use change was a good fit. This area is in a transitional phase, as homes are being purchased and remodeled into offices. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:10 P.M. VII. NEW BUSINESS. A. Motion to adopt Resolution No. 06-09 regarding the creation of a III Council Member Watford moved to adopt Resolution No. 06-09 regarding the creation of a Treasure Coast League Treasure Coast League of Cities - City Attorney (Exhibit 2). of Cities; seconded by Council Member Chandler. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 4 OF 6 VII. NEW BUSINESS CONTINUED. A. B. Motion to adopt Resolution No. 06-09 continued. Discussion pertaining to the Green Market - Maureen Burroughs (Exhibit 3). Attorney Cook read proposed Resolution 06-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING THE CREATION OF, AND PARTICIPATION IN, THE TREASURE COAST REGIONAL LEAGUE OF CITIES; PROVIDING FOR COOPERATION AMONG MEMBER CITIES TO FOSTER ACTION TO MEET COMMON NEEDS AND GOALS; TO PROVIDE ASSISTANCE TO INDIVIDUAL MUNICIPALITIES; AND TO REPRESENT THE TREASURE COAST REGION TO THE STATE LEAGUE OFCITIES, THE LEGISLATURE, STATE AGENCIES, THE OFFICE OF GOVERNOR AND CABINET, TO PROMOTE GOOD MUNICIPAL GOVERNMENT THROUGHOUT THE TREASURE COAST, AND PROVIDING AN EFFECTI VE DATE." There was a brief discussion. A representative from the City Council will be appointed In January 2007. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mrs. Maureen Burroughs, President of Okeechobee Main Street was present. She asked Council to consider approving the Green Market (Farmers Market) for this season, being November 2006 through April 2007. The Market will be set up in Flagler Park No. 2, every Thursday from 4:00 p.m. to 7:00 p.m. The "mission" or intent of the Market is to provide the community an alternative shopping experience for healthy, fresh foods and products in a convenient customer friendly environment. This will be the second season for the Market. Council Member Watford moved to approve the Green Market weekly event for Okeechobee Main Street. beginning November 2006 through April 2007: seconded by Council Member Chandler. Council Member Williams will be abstaining from voting due to her employment as the Director of Okeechobee Main Street. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED CHANDLER - YEA WATFORD - YEA MOTION CARRIED. C. Motion to approve FY 2006 budget adjustments - City Administrator III Council Member Chandler moved to approve Fiscal Year 2006 budget adjustments; seconded by Council Member (Exhibit 4). Markham. There was a brief discussion on this item. VII. NEW BUSINESS CONTINUED. C. Fol Motion to approve FY 2006 budget adjustments continued OCTOBER 3, 2006 - REGULAR MEETING - PAGE 5 OF 6 Council Member Williams will be abstaining from voting due to her employment with Okeechobee Main Street (OKMS), the City provides quarterly monetary support to the OKMS budget. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - ABSTAINED CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Motion to approve Fire Union Contract - Brian Whitehall (Exhibit 5). 111 Council Member Chandler moved to approve the Fire Union Contract; seconded by Council Member Markham. Administrator Whitehall noted that there were only a couple modifications from the original agreement being Article 13 Pay Compensation, Section 1, 6 percent pay increase to 5 percent pay increase for Firefighter/EMT and Lieutenant Firefighter/EMT. Section 5, Fire Officer One Certified (FOOC) changed to Fire Inspector One Certified (FIOC). VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: E. Police Union Contract Negotiations - City Administrator Whitehall began the discussion stating that he received a letter from City Police Officer P.C. Eddings, Administrator (Exhibit 6). Union Representative, requesting to forego Union Contract negotiations at this time, but will return to the Collective Bargaining table to discuss a contract for the following year (2007-2008). Also noted, the union members felt that the City of Okeechobee was fair in offering a 5 percent pay increase plus the retention of the STEP program. Council Member Watford moved to approve the memorandum of understanding with the Police Benevolent Association (Police Union) and to clarify that there will be no further nggotions between the Union and the City for this budget year: seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. OCTOBER 3, 2006 - REGULAR MEETING - PAGE 6 OF 6 VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:25 P.M. The next regularly scheduled meeting is October 17, 2006. *Council Member Williams Form 813 Memorandum of Voting Conflict for Municipal Public Officers was completed and filed in the Office of the City Clerk. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #13314 in the matter of Cily of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee. FL 34974-2932 In the Court, was published in said newspaper in the issues of 09/28/2006 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. James A.'Hughes, Jr., (Publisher) Sworn to and subscribed before me this ail day of g��--i �cJ c A.D. 2006 (SEAL) Notary Public Roseaiee :k firennan Commission #DD318483 Expires: Ju�rn.2_+5-, 2008 �'TEOF fLOP�� Bonded �Fbat "tlanfic Bonding Co., Inc. CITY COUNCIL. REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN data the City Cotmcil or City of Okeechobee will meet in Regale, Session on Tuesday, Oc"a 3, 2000 6:00 PAL, at City Hall, 55 SE 3rd Ave- Rm. 200, Okeechobee. Florida. The public is invited and encouraged to anend. For a copy of the agenda enaract City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- Peal any decision made by the City Council wide, respect to any natner conakkted a< this meeting, such interested penoD wi0 need a record of the poceedings, and for such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal into be based. Tapes are used for the sole purpose of back-up for dte Clerks Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, Persons with disah tg Deeding sPe- eiDl accoamndation to participuae iD this pro- ceeding should contact Lane Gamiotca. no later than two (2) working days prior to the proceeding at 863-763-3372 x 214, if you are hearing or voice impaired, call TDD I-800- 222-3448 (voice) or 1-888-447-5620 (TTY). by: James E Kirk, Mayor Lam Gamlotea, CMC, City Clerk PUBLISH 09/21IM06 OKEECHOBEE TVAES Page -1- Tape 1 side A CITY OF OKEECHOBEE - October 3, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk, October 3.2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Maurice A. Alexander of Mount Olive Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson X X X X X X X X X 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 19, 2006 First Budget Public Hearing and Regular Meeting, and the September 26, 2006 Final Budget Public Hearing; seconded by Council Member Watford. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Brian, add new business item E - police union. Vill. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A.1.a) Council Member Watford moved to read by title only, and adopt proposed Ordinance No. 959 regarding Future Land Use Map Amendment Application No. 06-015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, Jr. - City Planning Consultant (Exhibit 1); seconded by Council Member Williams. b) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X Page -2- CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 959 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 959; seconded by Council Member Chandler. b) Public comments and discussion. None from the public. The subject property is located at 306 Northwest 4" Street is approximately 0.3 acres. The applicant is requesting to change the Future Land Use designation on Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, from SF to C to allow for a Professional Office. The application was submitted by the property owners, Kay and Wes Harvin, Sr. and Wes Harvin, Jr. The application was reviewed by the Planning Board at their September 21, 2006 meeting, the Board, and Planning Staff are recommending approval based on the following findings: Comprehensive Plan Analysis: A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is consistent with Objective 2 and Policy 2.1(c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, as stated earlier. Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. B. Concurrency of Adequate Public Facilities: The subject property is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby Land Uses: The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide a link to the existing uses that are established. Analysis and Conclusions: This application and its appearance before the City Council and the Planning Board were duly noticed for the public in accordance with public notice requirements under Florida Statutes, Chapter 163. Based on the Comprehensive Plan, its goals, objectives and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that this application for a Small Scale Future Land Use Map Amendment from Single Family to Commercial be approved as it is consistent with the Comprehensive Plan. Any changes necessary to comply with parking and other City Code requirements can be accommodated at the site plan review stage. LM - next to court house, Faye Haverlock has a small house down on end, next to Fulford. DW - this just puts the maps together, (looks at map with Lowry) they are in the middle of the block, house? Small blue house. DW - any letters received? LG - no, small scale letters not part of the process. DW - that's right and only takes one reading before us? LG - right, also this area is again that "transitional area" where we have mixture of residential homes slowly being remodeled into offices as they are sold, the zoning is already CPO, origianlly the zoning is RG-2 in 1978-79, later RG-2 was deleted as a zoning district and all that were RG-2 went to CPO, there are about 12-13 blocks within that cluster that changed to that particular zoning. Page -3- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK x CHANDLER x MARKHAM x WATFORD x L. WILLIAMS x MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:10 P.M. VII. NEW BUSINESS. A. Council Member Watford moved to adopt Resolution No. 06-09 regarding the creation of a Treasure Coast League of Cities - City Attorney (Exhibit 2); seconded by Council Member Chandler. DW - mayor tom cabin, indian river shores, called me a week or so ago, asked taht we do resolution supporting this, interest in that area, indian river area, mayor caden was concerned, we have the TCCLG, that more than that area be in the area, not west palm beach to beincluded, TCCLG rep on the FLC board, good thing to be a part of the organization, meets tomorrow and will deliever the resolution if passed. Attorney Cook read proposed Resolution 06-09 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING THE CREA TION OF, AND PARTICIPA TIONIN, THE TREASURE COAST REGIONAL LEAGUE OF CITIES, PROVIDING FOR COOPERATION AMONG MEMBER CITIES TO FOSTER ACTION TO MEET COMMON NEEDS AND GOALS, TO PROVIDE ASSISTANCE TO INDIVIDUAL MUNICIPALITIES; AND TO REPRESENT THE TREASURE COAST REGION TO THE STATE LEAGUE OF CITIES, THE LEGISLATURE, STATE AGENCIES, THE OFFICE OF GOVERNOR AND CABINET, TO PROMOTE GOOD MUNICIPAL GOVERNMENT THROUGHOUT THE TREASURE COAST, AND PROVIDING AN EFFECTIVE DATE." LG - will someone be appointed tonight or should I add this organization to the list that will be addressed in January? Mayor - add to list in January to address. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B. Discussion pertaining to the Green Market - Maureen Burroughs (Exhibit 3). *****need to insert information from exhibit 3, the applicataion for use of the park in here to explain who, what, where, when how***** Maureen, thought the meetings with the city and hamrick would have solved this, didn't realize I needed to come back. Council Member Watford moved to approve the Green Market weekly event for Okeechobee Main Street. beginning November 2006 through April 2007: seconded by Council Member Chandler. WILLIAMS - WILL HAVE TO ABSTAIN DUE TO MY EMPLOYMENT WITH OKMS. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X (VOTING CONFLICT FORM COMPLETED & FILED 10/3) Page -4- MOTION: CARRIED. C. Council Member Chandler moved to approve FY 2006 budget adjustments - City Administrator (Exhibit 4); seconded by Council Member Markham. DW - due to Brian, congratulate dept heads, 1.6% error on a 4 million budget that's a pretty tight budget. DW - just a house keeping tool Brian, right should do these each year, good reflection prior to the audit. WILLIAMS - WILL HAVE TO ABSTAIN DUE TO MY EMLOYMENT WITH OKMS, WHO RECEIVES MONEY FROM THE BUDGET. Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS x (VOTING CONFLICT FORM COMPLETED & FILED 1013) MOTION: CARRIED. D. Council Member Chandler moved to approve Fire Union Contract - Brian Whitehall (Exhibit 5); seconded by Council Member Markham. Brian, 5 % cola, changed definition to fire inspector one certified. Everything is exactly the same thing. Still 8-9 impass issues that were the same as last year, lesson from last year with the wage increases being withheld until all issues were negotiated, the fire participate saw the raise and thought it was fair and are requesting this be approved. JK nice it went that smooth, hope it stays that smooth. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: E. Consider a request to approve a letter of understanding with the Police Dept union - City Administrator (Exhibit 6). Brina, Pb don't have an agreement have a letter of understanding from rep copied for you, they wish to forgo contract negotiations, meeting scheudled later this month as you can tell they wish to take advanage of the pay increase in lieu a contract, were asking for less, dw don't 'have contract bw - approve letter of understanding and extend cola to them jk letter cease any right to negotiations. Yes. Meeting will now be canceled. May want to return to bargainign table in 2008. Lm the fire dept has the union and we have neo contract with their union, has the police adopted a union? BW same due process as with the fire jus tthat we haven't formulating an agreement, recog nized by the city as a union, eligible police officer, patrolman and detectives, 13 total in that dept, jk - but that - don't' have a right to negotiate for this year. John cook correct Page -5- Council Member Watford moved to approve the memorandum of understanding with the Police Benevolent Association (Police Union) and to clarify that there will be no further negotiations between the Union and the City for this budget year; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. Vill. MAYOR KIRK ADJOURNED THE MEETING AT 6:25 P.M. ---- --- ---- Page -1 _ ---- — -- Tape 1 side A HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: KirkOctober 3 2006 CilyCouncil Re ular Meeting 6:00 P.m. - II. OPENING CEREMONIES: Invocation given by Reverend Mauri M nt Olive B 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 --- — - a — ----- - - — - -- — Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall V� ----- City Attorney John R. Cook -------------------- ---- ------------- CityClerk Lane Gamiotea -------------- - epu Cferlc McTlsa ings _—Police Chief Denny Davis Fire Ohief Herb Smith - City er . _ A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the September 19, 2006 First Budget Public Hearing and Regular Meet'ng,--A* -6, -9006 Final Budget Public Hearing;- seconded by Council Me- mbe r YEA NAY ABSTAIN ABSENT L. A.1.�),, Council Member t moved to read by title only, and adopt proposed _— Ordinance o. 959 regar in uture Land Use Map Amendment Application o. , submitted by Was and Kav Harvin. Sr. and Wes Harvin, Jr. - City Planning Consultant (Exhibit 1)• _— _ seconded by Council Member Ii(laO, b) Vote on motion. c) Page -2- Attomev Cook read proposed Ordinance No. 959 by title only as follows: "AN ORDINANCE OF THE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAfN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINftE FAMILY (SF) TO COMMERCIAL (C), PROVIDING FOR INCLUSION OF ORDINANCE AND PLAN,REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PROWDM FOR AN EFFECTIVE DATE." Council Member C�ft.�xaJ(1/pit , b) Public comments and discussion. The! subject property is located at 306 Northwest 4" Street is approximately 0.3 acres. The applicant is requesting to change the Future Land Use designation on Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, from SF to C to allow for a Professional Office The application was submitted by the propeq owners, Kay and Wes Harvin, Sr. and Wes Harvin, Jr. The4pplication was reviewed by the Planning Board at their September 21, 2006 meeting, the Board, and or0pre ensive Plan Analysis: A. Consistency with the Land Use Categories and. Plan Policies. As -- proposed, the applicant's request is consistent with Objective 2 and Policy 2.1(c) of the Future Land Use - Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, 2S Objective 9@ The City of Okaechabae shall cantin, le to ans, iria that 211 now t is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established n Nvvv v. .u..awan .a� .vaan. v y. v.... . w� vv. n...v. v..w.. . v.......vv .n..v.....-......-. .......... .......... ...-..-...-.. - e, and related commercial activities. Also permitted are public facilities. Commercial development exceed a floor area ratio of 3.00 and the maximum impervious su ace for development within t is shall not exceed 85 percent of the site. B. Concurrencv of Adequate Public Facilities: The subjcect is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standard — .. na . — . . ...v v...y -—,.,r...........w . .w....J, v....v,--J--... -- "..—,............, ...- ...—, .... — .. -- for an amendment to the Future Land Use Map to Commercial. This proposed amendment would and Conclusions: This application and its appearance before the City Council and the Planning Chapter 163. Based on the Comprehensive Plan, its goals, objectives and policies, the location of this pnvp erty, ' .reeommended that this applieeAtion- Scale Future Land Use Map Amendment from Single Family to Commercial be approved as it is consistent with the ompre ensive Plan. - Any changes necessary o comply withparking an other City _ -o e _ --- re uirements can be accommodated at the site plan review stage. --- - ------ Page -3- 11Y ii c) Vole on mollon. MOM YEA NAY ABSTAIN ABSENT L. WM4LIAMS �i MOOR DWERMIEWM= MAYOK KIKK CLOSED I HE PUBLIC HE:ARtNG At 9 P.M. Page -4- VII. I' NEW BUSINESS. atihn A` of a Treasure Coast Leag of Cities - City Attorney (Exhibit 2); seconded by Council Member , Attorney Cook read proposed Resolution 06-09 by title only as follows: "A RESOLUTION OF THE CITY OF COAST REGIONAL LEAGUE OF CITIES, PROVIDING FOR COOPERATION AMONG MEMBER CITIES TO FOSTER ACTION TO MEET COMMON NEEDS AND GOALS, TO PROVIDE ASSISTANCE TO INDIVIDUAL MUNICIPALITU AND TO REPRESENT THE TREASURE COAST REGION TO THE STATE LEAGUE OF CITIES, THE LEGISLATURE, STATE AGENCIES, THE OFFICE OF GOVERNOR AND AN (PROVIDING AN EFFECTIVE DATE." ()A Il In l ie11 : /,JI'1-0,/4,0 ),V,- i I' Vot ';on motion. KIR MAOKHAM --wA FORD L. "LLIAMS MOON: DEN I' Page -5- B. Discussion pertaining to the Green Market - Maureen Burroughs (Exhibit 3). 97W ------ wo /-n- ZOE- &-- -- - _ Page -6- C. Council Member L4LkVPU moved to appro FY 200 budget adjustments - City i On motion. a -------------------.__ ---- -- Page -7- D.— Council Member moved to app ove Fire Union Contract - Brian Whitehall Coma ��.,. ote on motion. - — VO*E YEA NAY ABSTAIN ABSENT KIRK MAfR�CHAM __ _ umwtiL�,nnr% T 6 - ----- L. WILLIAMS --V�p — -- - -- VIII ` ',MAYOR KIRK ADJOURNED THE MEETING AT 11, P.M. r/J T l3 . J-6-a - IV. CITY OF OKEECHOBEE OCTOBER 3, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: October 3, 2006, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Maurice A. Alexander, Mt. Olive Baptist, Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2006 First Budget Public Hearing and Regular Meeting, and the September 26, 2006 Final Budget Public Hearing. PAGE 10F 2 OCTOBER 3, 2006 - Crry COUNCIL AGENDA - PAGE 2 OF 2 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by titre only and adopt proposed Ordinance No. 959 regarding Future Land Use Map Amendment Applicafion No. 06-015-SSA, submitted by Wes and Kay Harvin, Sr. and Wes Harvin, Jr. - City Planning Consultant (Exhibit 1). b) Vote on motion to read by titre only. c) City Attorney to read proposed Ordinance No. 959 by titre only. 2.a) Motion to adopt proposed Ordinance No. 959. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A. Motion to adopt Resolution No. 06-09 regarding the creation of a Treasure Coast League of Cities - City Attorney (Exhibit 2). B. Discussion pertaining to the Green Market - Maureen Burroughs (Exhibit 3). C. Motion to approve FY 2006 budget adjustments - City Administrator (Exhibit 4). D. Motion to approve Fire Union Contract - Brian Whitehall (Exhibit 5). Vill. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND IE ADVISED that if any person deskes to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based City Clerk tapes are for the sole purpose of backup for official records of the Clerk. The Okeechobee News P.O. Boa 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORMA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Ic I"C> a y in the matter of 0— v � in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fVpublication in the said newspaper. Swoph to sub6d before me this�- ^�^ day of n A.D. 20 c_ 4 Notary ublic, State of Florida at Large PIIRC MOTI6E CO MMB1I01AMOFUDF R8 ACRr01Mmovmm . PLEAS�EpTAKE MOTM� I* to Cty Courd of Ilia CAy of ONeechobsese�pRlaft wM on FyM 55 $E 3rdd Ave, (Mpm�endpisbae�; Fi candsii a PISl1C F[JiRM(6 ou and Os► O OF TINE GIy OFot fire labwfi0 OMMOM REM Ito her. A 6Msk INT OF NNSM INNff COWMEM M^ ONONAMM Ma US U AA130% BY REfrIMIIM THE MMIMi lAW MfR MIA► OM A C9tMIMI1IMIL'f.OF LM M ME PAIRILTRARLT O11 t 111 � FAMa mm FM W TO PMOnOMfe FOR MIatMIKtn OF 000NU MCE AN Will FEW LAMO USE MIAP IN THE ECCOgMFI�IEM M PL#Ik MUM FOR AM AIrFECFIYE ,lo°aMm`�N.. osA1 SAs a Leo by Wop� � � � °two. SL and Was Herein, ,k The nqueat h to clop In Rrhee tend the desgrstan *cm ggen�ee (SF) to Camnerchl (c► is poperty iazhd et 306 tiatreeet 4M Saai. Loh 9 and 10 of 0bck 106 CMy d Ohiednbee Sibdislslon, Ple[ Book P+De 5, Puhlc Records. Okeednbee, Cmai1L Floft aMisagpraol ft public: mambas dthe ppu�bic ore encaeaged b aRard and partidpne in said hemp. The prop0eed Or�raee maybe In Ns a" by rosiol ere of the p b- Ae M t�hpepOnlRee of the CMy Clack durMp regular business lams, Mon Fri, PLEASE TAKE A�IDIroA��ysADVISEO #It A any paean aesie, b appeal rry decift made by Moe �q CMd YA moto any meMar camfdered at tie hemp, Much iderested person moped ID wM need a record Of to poceedbgs, and for suds pmpoee my need to Marra a mblb record d 41pmceeadpbpg�s Iis made, . CNy Cbk tapes as sdoe pa d badwp fa�oMdal retards d ld acceardarrce wNh toAr ahao wNh DlaabMdy Act (ADA) and Rudda Staarks 28626,persae wMr dosabRles nea ft spedal ZCMU0121M ID partlrdpale ka foie procee ft should caiad Lae 6anWA no Wer ten two (2) worldrq days prior to tr d 863-763-3372 )M5; M heairq or voice krrpabed, al TDD i-8O0-�1 a t 888 447-562f1(fiY►. Law 6anooa, CMC, CLERK 1638284 g/22106 Commission#DD2'72118 , ,; F1;ire". "n 17, 2dQ8 of �; Bonded Thru Atlantic Bonding 170.. Inc. EXHIBIT 1 OCTOBER 3, 2006 ORDINANCE NO. 959 Any ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 06-015-SSA), submitted by property owners Kay and Wes Harvin, Sr. and Wes Harvin, Jr., for a small-scale amendment to the Future Land Use Element of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Land Planning Agency at a duly advertised meeting, and submitted by staff report, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Land Planning Agency that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City, that: SECTION 1. SHORT TITLE. This Ordinance shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.3 acre(s) is. hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 06-015-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Page 1 of 2 LOTS 9 THROUGH 10 OF BLOCK 106, OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994," which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No. 934 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 3RD day of October, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the V day of October, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 2006 Planning Board/Board of Adiustment and 2of6 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Map Amendment Petition No. 06-015-SSA: Property owners Kay and Wes Harvin, Sr. and Wes Harvin, Jr. are requesting to change Future Land Use designation from Single Family (SF) to Commercial (C) for property located at 306 Northwest 4' Street. Legal description: Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida. - City Planning Consultant. Vice Chairperson Hoover asked whether there were any requests to add, defer or withdraw items on today's agenda. New Business Item (3) was added, proposed LDR Amendment to allow for a Special Exception to park semitrailers and commercial vehicles on residential property. VICE CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. Mr. LaRue reviewed the Planning Staff Report as follows: The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the property. The property is currently being used as a residential dwelling with CPO Zoning. This request would provide consistency with the zoning map for the property and allow the applicant to operate a professional law office. Comprehensive Plan Analysis: A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is consistent with Objective 2 and Policy 2.l(c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, as stated earlier. Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the purpose of managing future growth: (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development within this category shall not exceed 85 percent of the site. B. Concurrency of Adequate Public Facilities: The subject property is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby Land Uses: The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide a link to the existing uses that are established. 2006 Planing Board/Board of Adiustment and 3 of 6 V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Map Amendment Petition No. 06-015-SSA, continued. QUASI-JUDICIAL B. Consider Special Exception Petition No. 06-010-SE: To allow an outdoor vehicle sales lot within a Heavy Commercial District (ref. LDR's Sec. 90-283(18) submitted by property owners Lynda and C. Roland Durrance H. The subject property is located at 908 Northwest Park Street. Legal description: Lots 22 to 26 of Block 163, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida. - Planning Consultant. Analysis and Conclusions: This application and its appearance before the City Council and the LPA were duly noticed for the public in accordance with public notice requirements under Florida Statutes, Chapter 163. Based on the Comprehensive Plan, its goals, objectives and policies, the location of this property, and due consideration of the adjacent land uses, it is recommended that this application for a Small Scale Future Land Use Map Amendment from Single Family to Commercial be approved as it is consistent with the Comprehensive Plan. Any changes necessary to comply with parking and other City Code requirements can be accommodated at the site plan review stage. Board Member Burroughs asked what the current zoning was? Mr. LaRue answered Commercial Professional Office (CPO). Board Member McCoy moved to find Comprehensive Plan Future Land Use Map Amendment Application No. 06-015-SSA requesting to change future land use designation from Single Family (SF) to Commercial (C) for property located at 306 Northwest 4' Street. Lots 9 and 10 of Block 106, City of Okeechobee Subdivision, Plat Book 5, Page 5, Public Records, Okeechobee, County, Florida, consistent with the Comprehensive Plan, and recommend to approve to the City Council; seconded by Board Member Burroughs. VOTE HOOVER -YEA MCCOY-YEA BURROUGHS-YEA JOHNS -YEA KELLER-YEA JUAREZ-YEA O'CONNOR - YEA MOTION CARRIED. Consider Special Exception Petition No. 06-010-SE: To allow an outdoor vehicle sales lot within a Heavy Commercial District (ref. LDR's Sec. 90-283(18) The application was submitted by property owners Lynda and C. Roland Durrance H..The subject property is located at 908 Northwest Park Street (SR 70). Mr. LaRue reviewed the Planning Staff Report as follows: The subject property is approximately 0.813 acre(s) fronting on Northwest Park Street (SR 70) which is subject to this Special Use Exception petition. The applicant intends to continue use of the property for the sale of horse and livestock trailers. The dwelling with public utilities and the adjoining property users are as follows: North - Vacant, East - Inventory Parking for Eli's Trailer Sales, South - Eli's Western Wear and West - Church. 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: 1a Petition No. _ f S Fee Paid:4 . CO i 7 o Jurisdiction: P15 r M 1st Hearin : g �. g 2nd Hearing: Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) WE5 s XNv �N ✓ Name of propert y owner(s): g_ Owner mailing address: ` ' VV _ L Name of applicant(s) if other than owner (state relationship): 25 'r �v'nJ `� r� Applicant mailing address: �� �.e \ Name of contact person (state relationship): +t NrContact erson daytime hone(s): q 3o Fax: Zewr-. tot, 721 Property address / directions to property: Parcel Identification Number: `Z _ - `►� - - CX»� - O\ - O Size of the Property (in acres): Current Zoning Designation: Current Future Land Use Designation: \ • t3 Existing Use of the Property: 0—_�n-'��a` Proposed Future Land Use Designation: C_:V p 0 mrr►2 e ( (� Proposed Use of the Property: --j:;> Description of Surrounding Properties:. Legal Description of the Property (Lengthy Description May be Attached): =tc� M Uniform Land Use Application (rev. i2m) Page 1 of 2 Survey of Property (11" x 14", 20" Scale) vI Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refimdable) +/ City Location Map I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days may result in the summary denia this application. ,u Z r /Ce, a Printed Name Date Uniform Land Use Application (rev_ 12/03) Page 2 of 2 HARVIN, HARVIN & PINNOCK, LLP, 900 East Ocean Blvd. Suite 210-B 11380 Prosperity Farms Rd. Suite 204 Stuart. FL 34994 Palm Beach Gardens, FL 33410 Tel 772-286-3630 Tel 561-622-8100 Fax 772-286-6166 Fax 561-622-3460 8/21/2006 General Services Dept City of Okeechobee 55 SE 3rd Ave Rom 101 Okeechobee, FL 34974-2903 VIA OVERNIGHT Wes Harvin H, JD, LLM Reply to Stuart office wiI(a)%arvinpinno ck. com RE: Application from Buyer Wes Harvin II regarding Application for Comprehensive Plan Amendment regarding 306 NW4th St Okeechobee FL To Whom It May Concern: Please take this letter as a "Letter Outlining Request" for a Comprehensive Plan Amendment regarding the property at 306 NW 4`b St, Okeechobee FL. The subject property is currently being utilized by Mr. John Bowen and his wife Delores E. Bowen as their primary residence. Please find their "Notarized Letter" attached hereto or immediately following under separate mailing. It is our intention to purchase the subject property from the Bowens and renovation same into a law office for the firm of Harvin Harvin & Pinnock, LLP. To the best of my knowledge, the current "present use" designation of the subject property is "CPO", Commercial/Professional Office. The current "future use" designation of the subject property is "Residential". Please see the attached City Location Map, as set forth by the Okeechobee County Property Appraiser, showing that the subject property is immediately across the street from the new Courthouse, said Courthouse being bordered on its northern side by NW 4thSt. Please find enclosed the following items: 1. Completed and signed Application 2. Application Fee check No 1-f in the amount of $500.00. www.harvinpinnock.com Please find a copy of the Property Survey with date of survey, surveyor's name and address and phone number, showing legal description and computation of acreage. Thank you, and please feel free to call at any time. Sincerel arvin II W2 HARVIN, HARVIN & PINNOCK, LLP 900 Fast ocean Blvd. Suitc 210-B 11380 RnsperTty Farms Rd. Suite 204 StuarL FL 349" Palm Beach Gardens. FL 33410 Tel 772-286-3630 Tel 561-M-8100 Fax 772-286-6166 Fax 561-622-3460 September 1, 2006 City of Okeechobee Attn: Betty 55 SE 3Rb Avenue Okeechobee FL 34974 RE: REQYIEST FOR LAND USE CHANGE Dear Betty: Pursuant to your request, please accept this letter as proof of the authorization of Wesley R. Harvin,11 as our agent to apply for and effect the Land use change on the subject property described as follows: 306 NW 4TH Street, Okeechobee, FL 34974 Parcel Id Number: R-3-15-37-35-0010-01060-0090 City of Okeechobee Lots 9 and 10 Block 106 Sincerely, Wesley arnvin f H STATE OF FLORIDA ) COUNTY OF MARTIN ) The foregoing instrument was acknowledged before me this _3.!� day of September, 2006, by Wesley R. Harvin and Kay Harvin, who ixare personally known to me, or () who has produced as identification and did not take an oath. NOTARY PUBLIC Print Name: Flat I seirA F)t, L4r,2,_O,r i, Ya."r rPUB iC-STATE OF FLORW My commission expires: yolk� 1 �R QO q '� , Floc' lab Mina: ----- '� Commission # DD44919 SEAL Expires: MY 10, 20('• ( ) :.��uttcd lfuu.:t;�u�4� y�n� Go., itw ESZ-d Z00/ZOO-d 998-1 -WDJA md1E:l0 900Z-10-d9S AUU-� i -COM U HU) 14: 44 Lakeshore T it L e & Escrow, LLC (FAX) 863 824 0017 08/25/.200G 12:05 863-763-13% TUCKER QkUUH LLU P. 002/002 h'ALA- n Z August 16, 2006 To Whom it May Concern: We, John W Bowen and Dolores E Bowen, hereby authorize Wes Harvin II to rezone parcel # 3-15-37-35-0010-01060-0090 located at 306 NW 4*. 5ueet. Okeechobee, FL 34972 (City of Okeechobee Lots 9 & 10 Block 106). If you have any questions, please feel free to give us a call at (863) 763-7201. Thank you, � &' R 6-v .v Jo rw Bowein &oloresE Bowen w - 1 wwv 1 u J i 1- t i LG/f1=51 1t.R C -1 1 L L C d EtKX -QW, LLL, lr MA) 000 0C4 Mir r - rXI-C Nun 30040%5048 Or'. BK 00609 PG 14=0 stiip N motTSDN. CLERK DF CIRCUIT CMVT . DKEECIIOOEE COUNtT► FL JOHN IX CAs.1ELi. JR. RECOROEp 0s/31MM 03:53:U PH Adarnoy at LowMCCALL RECORDING 10.00 �t7MreW4V sbeat DEED DQC 1#123af15.00 REC011 0"t BY 9 tteabourn Pe 1CSOi ll#a) Fie Nab Petal Wd�Jffon 1r10-1-133i.JS•00'I O�D7060-0pK0 _ Space Above This Line For Rc— 111g Data) 'Warranty Deed DpP I % .a (STATUTORY FOAM - SECf10N 6g9.04 FS ) �4 This Indetature mW0r f 2sth day of Auk 2M Benvteo r JOHN W. BOWEN and � ' DRES E BOWEN, his wBe whose Post of k* address Is 30e NW 4th Strook Oksoehobse, fR. UM of taw 0oanty of Okew-hobse. State of Florida. Warder-. arid WES PARVIN. SR. and KAY 'r r N. Ills wlte end WE$ HARVIN. JR.. as joke ranee uto right of sun►hroe ilMP whose Poet otfioedjd4ies_s!s 90D E Oeeen Blvd, Suhe 2101L Stuart FL34994 of the County of Mauro, Ste" of Florida. 9 Wnuaseth that laid grantor, for mrtd'Il ponWerOWn Of the sum of TEN AND NO1100 DOLLARS (510-00) and other good and vskrabie conslderatforicttr'ialQ grantor in hand paid by saki grantee. 0ta Me" whored is hereby acknowledged. has grante0, barpained.4,0e-, dd to Ilse said grantee. awe grantee's helm and afts0a forever, the bedewing described land. atahaate. lykag artQilel%. in Okeechobee County Florida, to -wit LOTS 9 610 BLOCK tDs, OKEECHOBEE` ^'1 i�GyCIROING TO THE PLAT THEREOF RECORDED W PIAT BOOK S. PACE S. PUBLIC RECORDS OF 010E�BEE C0UM1Y. FLORIDA Subject tD restrictions. reservaflons and easements of record, if any - end bald grantor dam hereby fully warrant Tote title to said land, and will do!end the same against lawful claims of 811 Persons whomsonver. —G—We .nd'Gf3ntW am used w Ynauur or plurvL all CAMg i MCUMV._ In W it ness Whcr OE grantor has hereunto set grantors hand and seal the day and year, first above written. Signed, sePW and deliverDq in our presence: Wi N r 2rrd lf.ieiess-SiriRtt ' _ad Wibress.Rim Name I ,a ,• 3. . y Sane of Flrtrida C.ruay arOkerehobee The foregoing t was bdinewtcdged before me this 29th day of gtnt. 2Wfi by JOHN W. BOW EN lad DELORES BOW EN. who are PersooallY krwwrt or [ j have produrxd identifaaGac pdatary seal) — - c _ !�'l I A0— �y[ �rnmr.s„o.oco+a.as TJ c..si., n.mo, Book6091Page1450 CFN#2006015M Page 1 of 1 i - �sWIN co ri/y 9q'+� LL U l t a W) DD Z; &o Z: Op NIla FQ ijc)r � ���j�•4 rye, � " � T"6 i-a hCM.c001)vedectM 3 too, . ep, oro �- ASF hone, 3- st SOAQ" I q - f� �cx�n (3 `, $ & kSF boype 1 7-its rQr5 PUB , f 1-N QSrhan e fl j�.1 pa, ' o o' od' t .. �0 }� �SLoGL- .IQ6 44,0 nq H coe �., EfL O 0 1. a 261 .. „� .� I y.rog —`- . totiE2.En o,a ' o bat t LEGENDi I FfERE9Y C 00Y TMAT vEY MAP IS PER b LIE5t t3P'TIDN AyD IS, AND TtiE'T PlF 'MY k ,F THAT^ 7}!XS Sl1RVEx O -FOUND CONCRETE MONUMEN Fi�UND fRtlN ROD SrN IRON ROD AS' Y 1 A IN F►# - 3, (iR CE7�TlFY ,. 'Mt1H ThIE? 67, DS S TH iN ••' •-$ �ii=X7�6 R 3HAYtFIERE: Q, FFg P$N CNtER LINE $H FLOOR ELEVATION PiKIFSS$i13NAL SURVEYOR •, fi7►iEJ2 4gtEi,� Z% .. RAW Ptl• gNfl JKAPPER `4N.-OF-WAY �P.bINT OF CURVE Bri �--- `�^ S( V� OoFtR D p b . TA 'ANGLE ARp. LENGTH REaISfRAT W REPA$S`.'. b� F TYPICAL ELEVATION .. ....•�rwr.M LOCATION MAP r 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 : Email: larue-planning@att.net Staff Report - Small Scale Comprehensive Plan Amendment Owner/Applicant., Wes Hamn II Petition No. 06-01 S-SSA Staff Report Applicant: Wes Harvin II Small -Scale Comprehensive Plan Amendment Petition No. 06-015-SSA InformationGeneral Location: 306 NW 4th Street Legal Description: Lots 9 and 10, Block 106, OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Request: The matter for consideration is for an Amendment to the City of Okeechobee's Future Land Use Map from Single Family to Commercial to allow a professional office on the subject property. Based on the size of the property (0.3 acres), this application qualifies under Chapter 163, F.S.. as a Small -Scale Amendment to the Comprehensive Plan. Adjacent Future Land Use Map classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Commercial CPO Office Single Family CPO Office Public Facilities PUB Courthouse Single Family CPO Vacated Residential Dwelling Staff Report Small -Scale Plan Amendment Applicant: Wes Harvin II Pnti*IAM LI_ ft- w_ - -- The applicant is proposing to amend the Future Land Use Map to allow commercial uses on the Property- The property is currently being used as a residential dwelling with CPO Zoning. This request would provide consistency with the zoning map for the property and allow the applicant to operate a professional law office. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request is consistent with Objective 2 and Policy 2.1(c) of the Future Land Use Element. This Future Land Use Map Amendment will allow consistency with the current zoning of the property, as stated earlier. Objective 2: The City of Okeechobee shall continue to ensure that all new development is consistent with the Future Land Use Element. Policy 2.1: The following land use designations are established for the managing future growth: Purpose of (c) Commercial. Permitted uses include, office, retail, automotive wholesale, and related commercial activities. Also permitted are public facilities. Commercial development shall not exceed a floor area ratio of 3.00 and the maximum impervious surface for development withi this category shall not exceed 85% of the site. n B. Concurrency of Adequate Public Facilities The subject property is already developed and has adequate public facilities. C. Compatibility with Adjacent and Nearby Land Uses The current existing land use is consistent with the adjacent and nearby uses. These uses include professional offices, the courthouse, and a vacant residential dwelling. D. Compliance with Specific Standards of the Plan. The City's Comprehensive Plan goals, objectives and policies, as they are intended, could allow for an amendment to the Future Land Use Map to Commercial. This proposed amendment would be consistent and provide a link to the existing uses that are established. This application and its appearance before the City Council and the LPA were duly noticed for the public in accordance with public notice requirements under Florida Statutes, Chapter 163. Applicant: Wes Harvin 11 Staff Report Petition No. 06-oi S-SSA Small -Scale Comprehensive Plan Amendment ation ol Based on the Comprehensive Plan, its goals, es, it s recommended that thectives and policies, the is application s oroa properly, and due consideration of the adjacent land uses, to Commercial be aunroved Small Scale Future Land Use Map Amendment from Single Family ary to comply with parking as it is consistent with the Comprehensive be accommodated at sitelan review stage• and other City Code requirements Submitted by: lames G. LaRue, AICP September 7, 2006 3 IkWbit 2 October 3, 2006 Exhibit 2 wi/I be prodded by Attorney Cook RESOLUTION NO.06-09 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, SUPPORTING THE CREATION OF, AND PARTICIPATION IN, THE TREASURE COAST REGIONAL LEAGUE OF CITIES; PROVIDING FOR COOPERATION AMONG MEMBER CITIES TO FOSTER ACTION TO MEET COMMON NEEDS AND GOALS; TO PROVIDE ASSISTANCE TO INDIVIDUAL MUNICIPALITIES; AND TO REPRESENT THE TREASURE COAST REGION TO THE STATE LEAGUE OF CITIES, THE LEGISLATURE, STATE AGENCIES, THE OFFICE OF GOVERNOR AND CABINET, TO PROMOTE GOOD MUNICIPAL GOVERNMENT THROUGHOUT THE TREASURE COAST, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the various local municipalities common to the geographic area of Florida known as the `Treasure Coast' consisting at this time of those qualifying cities in Okeechobee, Indian River, Martin and St. Lucie Counties, desire to form a Regional League of Cities to promote the local and individual needs and goals of cities before the State; and WHEREAS, the formation of the cooperative group of municipalities is to be formed along the organizational structure of the State League of Cities, and to work closely in conjunction with the State League to identify and promote concerns of regional interest; and WHEREAS, the Regional League of Cities has proposed a set of by-laws by which to govern the day to day affairs of the league, which adequately address the governing of the league and its representation before the State; and WHEREAS, the support of this Regional League is in the best interests of the City of Okeechobee, and will assist the city, and its citizens, in becoming more involved in areas of concern relative to issues arising locally, and presenting such issues to the appropriate state agency; NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. THAT the City of Okeechobee lends its support and encouragement in the formation of a Regional League of Cities for Okeechobee, Indian River, Martin and St. Lucie Counties. SECTION 2. THAT the City approves the proposed by-laws prepared for use by the Regional League, and shall appoint one member to represent the City at the regional league meetings and gatherings, and to pay the annual dues necessary for membership in such association. SECTION 3. FURTHER, that the City will explore the feasibility of appointment or recommendation for associate or honorary members to the Regional League as provided in the by-laws. SECTION 4. THAT the effective date of the resolution shall be effective immediately upon on its adoption. Page 1 of 2 INTRODUCED AND ADOPTED in regular session this 3rd day of October. 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 Arbiibit 3 October 3, 2006 Fxh�b�t 3 will be provided at council meeting DMIBIT 3 at�roBFat 3, 2006 1.' 6b SE 3"r Avantie, Room 102 `5 SE 314i'�"° CHARITABLE FUNCTION PE rr Okswftibeo, FL 34974 Phone: DW763-3372 bxt 222 Fm: 063-763-1686 ADCifesdon Dow -a - 010 M.,.. of .�: Bu.c%rne . MagingAddraas: NF, 'Znd R�L-f L. 3�1992 TeMphare NYrab.ra: sYt4r.aa: 7 — N Mork: Nob alcak T E=empt /: Ogg a q weer or Orgonastim A. u pP.S i summary of etthfdes: nl...eeri..r.k..t..ew..,y, Primeads will be sags tbr: 13ab(s) and Tb"s) RequallM No V -� im 5 C s Z-� 3 , �t 4 �:l ,x- (Plaaa scheck the parks requested) d Flegler Pants Q 01 (Mwnw ai Ps*) ❑ O #* ass a" FCity Halt Parr 0 l hereby acknowledge that 1 have sempiafed and read We sppnptlon, the attached Rgoluliont p03-0a and d0a.e3, concerning the use and rules of using City property, that ins InfonasNon is corms, and that 1 am do duly author�ed agent of tea organisation. i agree to conform v*h snd aDtde by. and obey, all the ndee and regalatione, which may be lawfully prescribed by Ow City Council of the City 6f OkenchobM or lls oflicars, for the leerrenee of this Cl arfhWe fart, 1, Permit APPIIcs�S *• Data t� c-fae - - 9 - (� 0-4040 ME USE ONLY OOP4 C SUff rsylow the stt wil command ors gondldom lltan n 8 datr kmtlott Engineering DepaAnnnt Appeval (W applleabler Date: Fin Department Approval (if appfbcabta): Data: Code Enfomement Deparbrient Approval: Deb: lluiiding lospector Approval (N sppilaabbx Dada: Public works Department Approval. Data: polies Department Approval (if epplicabl0- Daft: CRY Af rney Approval (N applicable): Data: Fins) Approval Genaraf Somica dFinance Deperbnont: Deb: rt..rr.eewa.tJW CITY OF OKEECHOBEE GENERAL FUND Fiscal Year ending 913006 Budget Revision Recapitulation 1i^ZC 200&*M 2009R006 200WVN 200612007 BUDGET ACTUAL/EST REVISED DIFFERENCE EXPENDITURES LEGISLATIVE $ 128,795 131,060 131,060 2,265 EXECUTIVE 149,552 133,264 133,264 (16,288) CITY CLERK 162,763 139,380 141,878 (20,885 FINANCIAL SERVICES $ 196,295 197,278 197,278 $ 983 LEGAL COUNCIL $ 80 450 41 904 41 904 38 546 GENERAL SERVICES 600,889 452,664 462,664 (48,235) LAW ENFORCEMENT 1,597,373 1,610,862 1,610,862 13,479 FIRE PROTECTION 1,109,027 1,050,666 1,050,666 (68,361) ROAD & STREET FACILITIES 988,469 1,053,804 1,053,804 85,335 VEHICLE - CAP PROJECTS FUND TRANSFEF $ 85.000 TOTAL EXPENDITURES 4,978,613 4,810,862 4,813360 (80.25 2006 Amended Budget.XLS Page 1 HOD 1 .-q GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Budget Revision workeheet #: t Edlbd Date: Edited kxla Riedel 2005[2006 2005r2W 2005=6 IIVC.REASE E ET PERSONNEL COST: 1100 EXECUTIVE SALARIES 68,320 67,625 67,625 (695) 1200 REGULAR SALARIES 28,487 28,497 M497 0 1510 LONGEVITY/SERVICE INCENTIVE 0 0 0 0 2100 FICA 7,406 7,399 7,399 (7) 2200 10,552 10,473 10,473 (79) 2300 AND HEALTH INSURANCE 11,560 11,560 11,560 0 2400 JWORXERS COMPENSATION 1,127 1,127 1,127 0 0 TOTAL PERSONNEL COSTS: 127,452 126$n 126,671 (781) SUPPLIES AND OTHER SERVICES: 4000 TRAVEL AND PER DIEM 6,000 176 176 (5,824) 4100 COMM. & FRIECHT 5,200 3,726 3,726 (1,474) 4500 INSURANCE 0 0 0 0 4600 R&M VEHICLES 400 0 0 (40D) 4609 R&M EQUIPMENT 1,400 364 364 (1,036) 4901 EDUCATION 1,500 0 0 (11500) 4909 MISCELLANEOUS 1.000 226 226 (774) 5100 OFFICE SUPPLIES 1.600 444 444 (1,156) 5200 OPERATING SUPPLY 1:500 833 833 (667) 5201 FUEL AND OIL 1,500 559 559 (941) 5400 BOOKS, PUBLICATIONS, ETC 2,000 265 265 (1,735) 6400 EQUIPMENT ($750 OR MORE) 0 0 0 0 0 TOTAL SUPPLIES AND OTHER SERVICES 22,100 6,593 6,593 (15,5(M TOTAL COST: 149,552 133,264 133,264 16,288 2006 Amended Budget.XLS Page 3 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT BudwW Revision Woduhset # 1 Edu.d Dw: stnerlooa r- M - � 204grA 6 29092M 289gr2 6 INCREASE BUDGET (DECREASE). PERSONNEL COST: 1100 EXECUTIVE SALARIES 45 065 44,527 44,527 538 1200 REGULAR SALARIES 27,651 28,367 28,367 716 1300 OTHER SALARIES 13 9.465 9,465 (3,764) 1510 LONGEVITY/SERVICE INCENTIVE 0 0 0 0 2100 FICA 6,575 5 5 611 2200 RETIREMENT 7,926 7,872 7,972 54 2300 ILIFE AND HEALTH INSURANCE 15,011 11,700 11,700 3 11 2400 IWORKERS COMPENSATION 1,806 1 800 1800 6 0 TOTAL PERSONNEL COSTS: 117 109,695 199,695 (7,568) SUPPI ES AND OTHER SERVICES: 3103 MUNICIPAL CODE 3 1,641 1,641 (1,859) 3400 OTHER CONTRACTUAL SERVICES 7,5W 7,514 7,514 14 4000 TRAVEL AND PER DIEM 2,700 1,030 1,030 (1,676) 4100 COMM. & FRWOHT 2.5W 3,216 3,216 716 4500 INSURANCE 0 0 0 0 4609 R&MBOUIPMENT 2,5W 650 650 1850 4900 ADVERTISWG/OIIIER CHARGES 10,600 6.502 9,000 (1,600) 4901 EDUCATION 2,000 1137 1137 863 4909 MISCELLANEOUS/ELECTION 5,700 1,165 1,165 (4,535) 5100 OFFICE SUPPLIES 2,500 1499 1498 1002 5400 -BOOKS, PUBLICATIONS ETC 2,500 1786 1786 714 6400 1EQUIPMENT 50 OR 1,5w ZBW 2z.800 1 00 6401 IMICRO FILM EQUIPMENT 2,000 746 746 (1,254) 0 TOTAL SUPPLIES AND OTHER SERVICES 4 29 32,193 (13,317) TOTAL COST: 1 763 139 141 8400 Loptoo Computer for Dk3lW Recoiding system 2006 Amended Budget.XLS Page 4 GENERAL FUND E UMM LINE REM DETAIL BY DEPARTMENT Budget Re"on wak~ E: E~ Daft. E~ k�da Riedel 2005/2006 wesm" 200VA06 MCREASE BUDGET ACMAUM PERSONNEL COST: 1100 EXECUTLVE SALARIES 34,732 32,360 32,360 (2572) 1200 REGULAR SALARIES 56,981 57,215 57,215 234 1510 IANGEVIMSERVICE INCENTIVE 0 0 0 0 2100 MCA 7,016 6,472 6,472 (544 2200 RETHaDwO NT 9,997 9,757 9,757 (240) 2300 LIFE AND HEALTH INSURANCE 16,517 17,179 17,178 661 2400 ORIER.S COMPENSATION I= 1,496 1,496 (6) 2500 JUNEMPIDYMENr TAXES 2,000 0 0 (2,000) 0 TOTAL PERSONNEL COSTS: 128,74S 124,473 124,479 (4,267) SUPPLIES AND OTHER SERVICES: 3200 ACCOUNTING & AUDIT 30.000 47,083 47.083 17,093 3400 OTHER CONTRACTUAL SERVICES 50D 0 0 (500 4000 TRAVEL. AND PER DIEM 1 S00 1,411 1,411 (89) 4100 COMNL & FRIEGH'T 4,700 3,958 3,958 (742 45M DISURANCE 0 0 0 0 4609 R&M EQUIPMENT 15,500 6,909 6,909 (8,591) 4901 EDUCATION 90D 1.320 1.320 420 4909 MISCELLANEOUS 450 272 272 1178) 5100 OFFICE SUPPE[ES 4.500 2.377 2.377 0.123) 5200 OPERATING SUPPLY 8.000 7.892 7.892 1108) 5400 BOORS, PUBLICATIONS. ETC 400 388 388 (12) 6400 JEQUWMENT (S750 OR MORE) 1,100 L190 1,190 90 0 TOTAL SUPPLIES AND OTHER SERVICES 67,550 7200 72,900 5,250 TOTAL COST: 196,2'15 197,XM 197MB 983 3200 Federal & State Single audit extra twm' 2006 Amended Budget.XLS page 5 Lip :l. • 1 1 1 � 1 •' q • • 191 1 1 �� 1t141#7 7 WIZI • a a « :11 11 •a Nowili io 0 1 11 • 11 Ip 1: �' 11' 1' • 11 t -� l l M, 2006 Amended Budget.XLS page 6 GENERAL. FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Budget Radon workeheet i 1 Edited Date: 19402ws Ediled[India Riedel 2005/2006 2005/2006 2005/ W INCREASE mFGUM PERSONNEL COST: 1200 REGULAR SALARIES 28,488 25,606 25,606 (2,882) 1300 OTHERSALARY 13,250 13,139 13,139 (111) 1400 OVERTRAE 0 0 0 0 1510 LONGEVITY/SERVICE INCENTIVE 0 0 0 0 2100 FICA 2,990 2,919 2,919 (71) 2200 REST 3,105 2525 2,525 (580) 2300 JLJFE AND HEALTH INSURANCE 8,183 5,542 5,542 (2,641) 2400 IWORKERS COMPENSATION 5,148 3,790 3,790 (4358) TOTAL PERSONNEL COSTS: 61,164 53,521 53,521 (7,643) SUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES 148,500 170,048 170,048 21,548 3400 OTHER CONTRACTUAL SERVICES 117,500 138,163 138,163 20,663 4000 TRAVEL AND PER DIEM 4,500 3,668 3,669 (832) 4100 COMM. & FRIEGHT 15,000 8,920 8,920 (6,080) 4300 UTILITIES 12,000 9,306 9,306 (2,694) 4400 RENTALS AND LEASES 3,300 2,426 2,426 (874) 4500 INSURANCE 42.735 41,706 41,706 (1_029) 4600 R&M VEHICLES 300 0 0 (300) 4609 R&M EQUIPMENT 84,590 12,564 12,564 472,026) 4700 PRINTING 1,200 32 32 (1,168) 4901 EDUCATION 1,500 0 0 (1 500) 4909 MISCELLANEOUS 1,000 2,034 2,034 1,034 5100 OFFICE SUPPLIES 2,700 2,099 2,099 (601) 5200 OPERATING SUPPLY 3,100 1,295 1,295 (1,805) 5204 POSTAGE & SUPPLIES 0 5201 FUEL AND OIL 400 42 42 (358) 5400 IBOOKS, PUBLICATIONS, ETC 400 0 0 (400) 6400 EQUIPMENT (5750 OR MORE) 1,000 6,830 6,830 5,830 0 TOTAL SUPPLIES AND OTHER SERVICES 439,725 399 33 399,133 (40.592) TOTAL COST: 50009 452A% 4524% (48yZ36) 3100 Permitting Cost 3400 Cap'CapftW Improve Plan Grant Larue $3620; BalanceS6380 3400 Planning and Zoning cost 6400 Amended Line item from 4609 to 6400, 1/2 of PA System $5830. 4609 1/2 of Maintenance Contract on new PA system $868. 4609 Draiting services of storage big. $2500. 2006 Amended BudgeLXLS Page 7 GENERAL FUND EXPENSE LWE REM DETAIL BY DEPARTMENT Budget Revfslon Wo hw# t Edlad oats: 1928MM Ed+ad W. Rlsdsl 28154066 200MA06 200MA96 24CREAM PERSONNEL COST: 1100 EXECUTIVE SALARIES 077 54,539 54,539 1,538 12DD REGULAR SALARIES 720 435 706,931 706,931 13 504 1201 HOLIDAY PAY 601 776 776 175 1202 OFFICERS HOLIDAY PAY 17,992 19,062 19,062 1070 1300 OTHER SALARY 10,378 3,775 3,775 (6,603 140D OVERTIINE 2.168 4.195 4,195 2,OZ7 1403 OFFK:ER.S OVERTME PAY 43,896 50,717 50,717 6,921 1501 AUXIIIARY PAY 1,200 1,200 1,200 0 1510 LONGEVTPY/SFRVICH INCENTIVE 0 0 0 0 152D OFFICERS IANGEVIMSERVICE 750 750 750 0 1530 INCENTIVE 0 0 0 0 1540 CAREER EDUCATION 12,000 11 021 11021 979 2100 FICA 66,164 68,647 68,647 2,483 22DD RETIREMENT 217,852 302,012 302,012 94,160 230D LIFE AND HEALTH INSURANCE 164,533 150,936 150,936 13,597 2400 WORKERS COMPENSATION 33,354 17,949 17,849 15,50 TOTAL PERSONNEL COSTS: I ]MAI0 1,MA10 45,010 SUPPLIES AND OTHER SERVICES: 3100 'PROFESSIONAL SERVICES 16.051 14,960 14.960 (1.091) 4000 TRAVEL AND PER DIEM 8.200 8191 8.291 91 4100 COMM. h FRIEGHT 15 266 13.039 13.039 (2 127) 4300 UTILITIES 12.000 12,258 12.258 258 4400 RENTALS AND LEASES 6,576 6,328 6.328 (248 45W INSURANCE 54,054 50.798 50,798 (3,256 4600 R&M VERICL.ES 8,110 10,888 10,888 2,778 4609 R&M BQUHWENT 9,700 5,972 5,872 (3,828 4700 PRINTING 2,5W 2,202 2,202 298 4901 EDUCATION -RESTRICTED 6,316 2,912 2,912 3 404 4902 EDUCATON - NON-RFsnUCTED 6.500 2.658 2,658 3,842 49D9 MISCELLANEOUS 1,500 755 755 4 5100 ONCE SUPPLIES 5,000 2.509 2,509 2,491 5101 DETECTIVE SUPPLIES 3,500 2,893 2,893 5102 1NVE5TIGATION FEES 215M 92 92 2 406 52DO OPERATING SUPPLY 13,850 11,748 11.748 102 5201 FUEL AND OIL 52,000 49 870 49,870 130 5202 OPERATING SUPPLIES 3,750 3 656 3,656 94 5203 UNTFORMS/PATCHES 10 5 I662 11,662 1,387 5400 BOOKS PUBLICATIONS ETC 1,500 251 251 1 249 6400 I750 OR M 10,825 0 0 (10,825) 8300 IPUBLIC SERVICE GRANT 0 4 800 4,900 4,8W TOTAL SUPPLIES AND OTHER SERVICES 249,9731 218,442 219,442 (31,531 TOTAL COST: 1 97 1.6]OJMI 1,610AS2 1 2200 Retirement Credit Accts 52M Turnover of employees as well as new Dispatcher Uniforms 8300 Public Saftey Grant Purchases of cameras andequipment 2006 Amended BudgeLXLS Page 8 GENERAL FUND EXPENSE LINE ITEM NAIL BY DEPARTMENT Beset RMeion orNehest r. 1 Dow 200sAft 200MAN 2DWrASf ff4cxuSS PERSONNELCOST.. 1100 SALARIES 51,575 51,140 51,1 (43 12W REGULAR SALARIES 494.479 494,119 494.119 360 1201 BOIJDAYPAY 20,993 15,568 15,568 (5,4 1202 BATTALION CHIEF 3,000 of 0 3,000 1300 OTHMSALARY 12,798 10,199 10,199 1400 OVEKITME 23.226 24,400 24AM 1,174 1401 OVERTIME PAYJANNUAL & SICK 29.904 43.717 43,717 13,913 1501 VOLUNTEER PAY 10,0D0 3,988 3" (6,012) 1510 LONGEVTIY/SFRVKF INCENTIVE 250 0 0 1540 CAREER EDUCATION 600 600 600 0 2100 50,149 48.553 48,553 1,596 2200 RETHU24ENT 82,390 77,668 72,668 (9,722 2300 AND HEALTH INSURANCE 79,533 75,591 75,581 (3 M 2400 ORXM COMPENSATION 34.054 31.976 31,876 (2,178 0 TOTAL PERSONNEL COSTS: 392 "1 872,M19 972AW (20,542 SUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES 2,000 1,024 1,024 (976 3102 PROF SERV (PHYS FOR SCBA) 4,000 1,588 115N (2,412 3103 VAELL iESSPROGRAM 4,100 3.600 3.600 (500 4000 TRAVEL AND PER DEEM 615M 4,332 4,332 (2,168 4100 COMM. & FRIEGHT 6,800 8,734 8,734 1,934 4300 UTRITiFS 15,SW 11-125 11,125 (4,375) 4400 RENTALS AND LEASES 6.000 1.455 1.455 (4.545) 4500 INSLTA.NCE 2_7.027 27.027 27.027 0 4600 R&M VEHICLES 12.000 9.a49 9.449 (2.551) 4609 R&M EQUIPMENT 11.000 12.346 12346 1.346 4700 PRINTING 500 347 347 (153) 4901 EDUCATION 15,000 10,638 10,638 (4,362) 4902 PUBLIC EDUCAM N & FIRE PREV_ 15W 1,257 1,257 (243) 4903 CODE ENFORCEMENT 15,000 9,809 9,809 (5,191 4909 MISCELLANEOUS 750 552 552 (198 5100 IOFFICE SUPPLIES 1,500 1,489 IAA (11 5200 OPERATING SUPPLY 7.000 7,551 7,551 551 5201 FUEL AND01L 10,000 8,890 8.890 (1,110 5202 OPERATING SUMUES 2,000 82 82 (1.918 52M UNIFORMSIPATCHFS 7,500 5,306 5,306 (2,194 5400 BOOKS, PUBLICATIONS, ITC 3,SW 2.531 2,531 (969 6400EQUIPMENT $750ORMORE) 27,000 19,195 19,195 () 7100 PRINCIPAL RFFURB. FIRE TRUCK 29.543 28,583 28,583 40 7200 DnERES )REFURB. FIRE TRUCK 1,356 1,347 1,347 (9 0 0 TOTAL SUPPLIES AND OTHER SERVICES: 216,076 178,257 1 (37,819 TOTAL COST: 1,109,027 1,050,666 UM,666 (58.361 4100 Added $100.00 per month for Reimb(asemenI Cell Phones 4609 GeneralDr Repalfs $1088 2006 Amended BudgeLXLS Page 9 GENERAL FUND EXPENSE LINE ITE18 DETAIL BY DEPARTMENT Budged Renlslon t 11 Edited Date: wamm aftdmr llnft F&M 200MAN 200SWN now"" INCRFm PERSONNEL COST: 1100 EXECUTIVE SALARIES 103,917 103,941 103 941 24 1200 REGULAR SALARIES 219,155 218,164 218,164 991 1400 OVERTIME 2,787 3,314 3,314 527 1510 LONGEVITYISERVICE INCENTIVE 500 500 5000 2.100 FICA 24,928 23,330 23,330 1,598 2200 RETIREMENT 35,215 35,106 35,106 109 2300 LIFE AND HEALTH INSURANCE 53,318 SZ204 52,204 1,114 2400 WORKERS COMPENSATION 34,749 32,305 32,305 2,444 TOTAL PERSONNEL COSTS: 474,569 468A" (5,705 SUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES 1,500 0 0 (1500 3400 OTHER CONRACIUALSERVICES 45.000 47,150 47,150 2,150 3401 GARBAGE COLLECTION FEE 234,000 282,137 292,137 137 48��(2,t72 4000 TRAVEL AND PER DEEM 2.500 501 501 4100 COMM. & FREIGHT 6,500 4,328 4,328 4300 UTILITIES 82,000 93,670 93,670 11,670 4400 RENTALS AND LEASES 0 0 0 4500 INSURANCE 35,100 34.454 34,454 (646) 4600 R&M VEHICLES 8.000 2.424 2.424 (5.576) 4609 R&M BUILDING & EQUIPMENT 11.500 13.840 13.840 2.340 4901 EDUCATION 1.000 0 0 (1.000) 4909 MISCELLANEOUS 1,500 334 334 (1,166) 5100 OFFICE SUPPLIES 500 338 338 (162 5200 OPERATING SUPPLY 7,000 529 529 (6,471) 5201 FUEL AND 011, 16,000 20,285 20,285 4,285 5202 OPERATING SUPPLIES 2,000 2,044 2,044 44 5203 UNIFORMS 3,300 3,004 3,004 (296 5204 DUMPING FEES 3,000 96 96 (4904 5205 UITO SPRAYING 5,000 2,007 2,W7 (2,993 5300 ROAD MATERIALS/SUPPLIFS 25,000 76,025 76,025 51,025 5400 BOOKS, PUBLICATIONS, ETC S00 351 351 149 6300 IMPROVEMENTS IEQUBWENT 3,000 1,423 1,423 15 6400 ($750 OR MORE) 0 0 0 0 0 TOTAL SUPPLIES AND OTHER SERVICES: 493,M 584,940 534,940 91,040 TOTAL COST: 9 1,053 lAW,804 4300 Utlift Bills increased and added PW Barn 3401 Increase in Residential Ga Collection 4609 Repair of Tractor $3895. 5300 Baffle Box EVenses PEI 2006 Amended Budget l0_S Page 10 2006 Amended MXW.XLS Page 11 lei 1: • • •: -� _- ;, ,7-4777, 1 1 1 1'•); 0&1 (SIMIa'a, 14M ' 1 1 , • 1' I •la • 1 / . •11 la C'1 aa' I :115 lei 1 1 If li © 11 1 . . 1. a 1 I' '• a i a 1 2006 Amended Budgel.XLS Page 12 160 w v if)" 1 .1 1 1 A DI DTIM ' 1 3 1• :• 1 1 I M 1' : 1 1 1 � ����� 2006 Amended Budget.XLS Page 13 = � 51�1 _.G��-� :jai:=.�� � •, 1 11 ���.f1l�idd; i�. :• 7C • 7 ,F• : �; /.M 1 1 —I�'', 1 � i I 1' ' • � I� �' 1 ' t 1 —� ' 1 ! 1I Y.O.q' M• • 1 1 —�—�j 1 1 • • 1 —� 1 1 1 . t• •' waig• • z M 1 . 1 I I' ' • �I -I� �' 1 1 —� i11 •" • 11. Co •. • 2006 Amended Budget XLS Page 14 SLAW ENFORcN ENT SPECIAL FUND - CITY OF OKEECHOBEE 2006 Amended BudgetXLS Page 15 ExHIBIT 5 OCrOBER 3, 2006 ARTICLE 13 PAY COMPENSATION Section 1- Effective and retroactive to October 1, 2006, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Classification Firefighter/EMT 5% pay increase LT. Firefighter/EMT 5% pay increase Section 2 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1P/2) times his regular hourly rate of pay for all hours physically worked in excess of 212 hours during each 28 day work period. Section 3 - A bargaining unit employee shall report for duty, as directed, upon receipt of an emergency call-back notice, authorized by the Chief or other officer -in -charge, to assist with an existing or impending emergency. Except as excused by the Chief, or other officer acting on the Chiefs behalf, refusal to report for duty following receipt of an emergency call-back notice shall constitute insubordination warranting disciplinary action up to and including dismissal from employment. Section 4 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1 /'/2) times his regular hourly rate of pay for each hour worked [minimum two (2) hours] as the result of his response to an emergency callback notice (excluding scheduled work hours). Compensable hours shall begin upon the employee's receipt of such notice, excluding response time in excess of 15 minutes. Section 5 - Step up pay, in the absence of the shift officer at the Station, the Chief will designate a senior firefighter to fulfill the daily functions (as determined by the Chief) of the officer (additional to their own). The Firefighter that the Chief designates, will be compensated an additional $1.00/ hour, if Fire Inspector One Certified (FIOC), $.50/hour if not FIOC, for each hour they are fulfilling the duties of the absent officer. This pay will be figured at the end of each twenty-eight (28) day cycle. The Step up pay will only be available when the following items are applicable: the absence is NOT caused by any type of Shift Exchange or Swap -time and the absences will be for a minimum of eight (8) consecutive hours. It is understood, there will be times that a firefighter will fulfill the daily functions of the absent officer, without additional compensation. Section 6 - A bargaining unit employee shall be compensated [minimum two (2) hours] for off -duty mandatory attendance at departmental staff meetings and off -duty mandatory court appearances stemming from acts within the employees scope of authority subject to the provisions of Section 7 herein. M City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehall6kityofokeechobee.com * * * * *Memorandum * * * * * Date: October 3, 2006 TO: Mayor and City Council FR: City Administrator RE: Unions Police Union (Police Benevolent Assocication): We quickly finagled a letter from the Police Union, which is attached hereto, and states that they wish to forego negotiations at this time. I would like to add this matter to the Agenda for approval and subsequently extend the same pay raise (effective 10/1/06) to Police Union members as what was given to other employees. I have been requested to investigate the procedure involved in re -voting for Union revocation. Fire Union (International Assoc of Firefighters, Local#2918): I mentioned in my report and included on the Agenda to approve the Fire Union Contract as amended. After one session, the Union determined that it would be in their best interest to agree w/ the generous wage offer that was extended to other City employees, if possible. If you have questions, please do not hesitate to contact me. OKEECHOBEE POLICE DEPARTMENT UNION CONTRACT NEGOTIATION TO: Brian Whitehall Okeechobee City Administrator FROM: Officer P.C. Eddings Okeechobee Police Department Union Representative Mr. Whitehall, We as the Union members of the Okeechobee City Police Department feel it is in the best interest of the Department as a whole to forego Union Contract negotiations at this time. We as the Union members feel that the 5% pay increase plus the retention of the STEP Program that the City of Okeechobee is offering is fair as far as salary. We as the Union members would like to return to the Collective Bargaining table to discuss a Contract for the following year 2008. In H' est Regard Am, Officer P.C. Eddings pion Representative FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME --MIDDLE NAME . - NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE l a C m, c kCt MAILING ADDRESS O) _, l(7 THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON HICH I SERVE IS A UNIT OF: ITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY � ,, � COUNTY ye )� 9 NAME F POLITIC SUB VI ON: / 7 DATF,9N WFIICFJ VOTE OCCURRED ! C) 15 MY POSITIO IS: ,ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that oni?�Y 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, _ _ inured to the special gain or loss of my relative, � C / inured to the special gain or loss of L r) QC J� ' >?� �' f `r by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. PAGE 2 CE FORM 813 - EFF. 1/2000