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2007-03-06 Regular Meeting734 ,OF a m o, * 1915 I. CALL TO ORDER - Mayor: March 6, 2007 Regular City Council Meeting, 6:00 p.m. CITY OF OKEECHOBEE MARCH 6, 2007 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Tom Tamer with a Ten Year Longevity Service Award. PAGE 1 OF 6 Mayor Kirk called the March 6, 2007 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Dawson of the First United Methodist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk presented a Longevity Service Award to Sergeant Tom Tamer, for his 10 years of employment with the City of Okeechobee. He was presented with a city seal jacket and certificate, which read: `In appreciation for your 10-years of hard work and dedication, February 24,1997 through February 24, 2007. Service is the lifeblood of any organization. Everything flows from and is nourished by it. The City and your fellow citizens have. benefitted greatly by your -performance." Sergeant Tamer thanked the Mayor and. Council.' 1 MARCH 6, 2007 - REGULAR MEETING - PAGE 2 OF 6 735 1 AGENDA COUNCIL ACTION - DI$CUSBION,. VOTE, V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 20, 2007 Regular Meeting. February 20, 2007 Regular Meeting as corrected; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:08 P.M. A.1. a) Motion to read by title only, Ordinance No. 977 regarding Business Council Member Watford moved to read by title only, proposed Ordinance No. 977, amending Chapter 50, Part II of License Tax - City Attorney (Exhibit 1). the Code of Ordinances from "Occupational License Tax" to "Local Business Tax'; seconded by Council Member C. Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 977 by title only. Attorney Cook read proposed Ordinance No. 977 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART ll, CODE OF ORDINANCES, GENERAL ORDINANCES, CHAPTER 50, TAXATION, TO REFLECTSTATUTORYCHANGES ENACTED BY THE FLORIDA LEGISLATURE; PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 977. Council Member Markham moved to adopt proposed Ordinance No. 977; seconded by Council Member L. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any question or comments from the public? There were none. Council Member C. Williams asked what the cost would be for this state mandate? Clerk Gamiotea was instructed to keep a tally of the costs for advertising and codification associated with this change and report the costs to the Council. 736 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. KIRK - YEA C. WILLIAMS -YEA MARCH 6, 2007 - REGULAR MEETING - PAGE 3 OF 6 DISCUSSION:- VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 978 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 978 amending Chapter 62, Part II of taxi cab permits - City Attorney (Exhibit 2). the Code of Ordinances regarding the issuance of business licenses for businesses that conduct vehicles for hire, or taxicabs; seconded by Council Member C. Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 978 by title only. Attorney Cook read proposed Ordinance No. 978 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART 11, CODE OF ORDINANCES, GENERAL ORDINANCES, CHAPTER 62 VEHICLES .FOR HIRE; CREATING ORDINANCE NO. 62-32 TO REFLECT THAT THE APPLICATION, INVESTIGATION AND APPROVAL OFALL PERMITS FOR VEHICLES FOR HIRE SHALL BE PERFORMED BY THE BUSINESS LICENSE OFFICE OF THE DEPARTMENT OF FINANCE, PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 978. III Council Member Markham moved to adopt proposed Ordinance No. 978; seconded by Council Member L. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. This ordinance will eliminate the involvement of the City Council to approve issuing taxicab permits. The process, requirements and procedures will remain the same, only the final approval will now be administered by City Staff through the Finance Department. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS -YEA L. WILLIAMS - YEA MOTION CARRIED. C.1 .a) Motion to read by title only, proposed Ordinance No. 979 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 979 regarding Comprehensive Plan Comprehensive Plan Future Land Use Map Amendment No. 07- Future Land Use Map Amendment No. 07-003-SSA, submitted by Mr. and Mrs. Sylvester Butler; seconded by Council 003-SSA, submitted by Mr. and Mrs. Sylvester Butler.- City Planning Member L. Williams. Consultant (Exhibit 3). MARCH 6, 2007 - REGULAR MEETING - PAGE 4 OF 6 737 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. b) Vote on motion to read by title only. COUNCIL.ACTION->DISCUSSION 1tflTE VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 979 by title only. Attorney Cook read proposed Ordinance No. 979 by title only as follows: "AN ORDINANCE OF THE CITY OFI OKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM NO DESIGNATION TO MULTI -FAMILY (MF); PROVIDING FOR 11 INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE " 2. a) Motion to adopt Ordinance No. 979. 111 Council Member C. Williams moved to adopt Ordinance No. 979; seconded by Council Member L. Williams. b) Public comments and discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07- 003-SSA submitted by property owners, Sylvester and Penny Butler for property located at 700 Northwest 9`h Street, from No Designation to Multi -Family (MF). The Planning Board reviewed the application at their February 15, 2007 meeting and recommends approval, it was found to be consistent with the Comprehensive Plan. Planning Staff is recommending approval based on their report findings: (A) As proposed, the applicant's request would be consistent with the Multi -Family Land Use category, is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. (B) The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi -Family Future Land Use classification on the property. (C) This entire area, starting from west of North Parrott Avenue to east of Northwest 8th Avenue and north of Northwest 81h Street, has been in transition from Single Family to Multi -Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. (D) This property would be best served by changing its Future Land Use category to Multi - Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. 733 MARCH 6, 2007 - REGULAR MEETING - PAGE 5 OF 6 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C. 2. b) Public comments and discussion continued. c) Vote on motion. CLOSE PUBLIC HEARING Vill. NEW BUSINESS. A. Discussion regarding Code Enforcement Magistrate process - City Administrator and City Attorney. CQUNCIL ACTION DISCUSSION -VOTE, Clerk Gamiotea reported that due to a mapping error, the five hundred dollar application fee has been waived. The original Future Land Use Map (1995) shows the property to be designated Single Family. The error occurred when the last Evaluation Analysis Report (EAR) in 2000 was updated. The maps were prepared by an out of town company who erroneously assumed the property was still part of the abandoned Seacoast Railroad property. The Future Land Use Maps at that time were managed by a previous Administrator, therefore, the Clerk's office was not aware of the errors until the map was adopted. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:32 P.M. Attorney Cook began the discussion and explained that he had Deputy Clerk Eddings obtain a copy of an ordinance adopted by the City of Homestead which amended their Code Enforcement Chapter from a Code Enforcement Board to a Magistrate in order to process Code Enforcement violations. Most cities are using Magistrates as they are more consistent with enforcement and more flexible. The City Administrator will be the Supervisor to the Magistrate and in conjunction with Fire Chief Smith, they can determine how many meetings will be needed. Administrator Whitehall noted his affirmations, incorporate consistency and cases should be resolved faster. He then mentioned that our Code Enforcement Officer's are doing a great job. Council Member Watford asked whether the Code Board was aware that the Council was discussing this and whether they were supporting the change? Attorney Cook replied "No," he has spoken to only Mr. Gamiotea and Ms. Sweda and they seemed to be `okay' with the idea. Mayor Kirk and Council Member Watford remarked that they were concerned that the Code Board has not been made aware the Board would be abolished, and instructed Administrator Whitehall to attend the next Code Enforcement Board, March 13, 2007, to inform them that Council is considering this option, gather their comments and report back to the Council. Council Member Markham asked who would a person appeal the Magistrates decision to, the Council? Attorney Cook answered that he did not -remember exactly how the ordinance was written, but that the Council could add that should they choose to. MARCH 6, 2007 - REGULAR MEETING - PAGE 6 OF 6 739 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Vill. NEW BUSINESS CONTINUED. A. Discussion regarding Code Enforcement Magistrate process continued. IX. 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 media is for the sole purpose of backup for official records of the Clerk. 1 James E. Kirk, Mayor ATTEST: Cane miotea, CM , City Clerk E I�— Mayor Kirk stated that the Code Board has served us well, but we need to take a stronger stance. There are times when the City Council is too lenient, and not consistent. As the City grows, enforcement will continue to be a problem. The Attorney was instructed to prepare the ordinance for first reading, as long as there were no objections from the Code Board, at the next City Council meeting scheduled March 20, 2007. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:50 P.M. The next regularly scheduled meeting is March 20, 2007, 6:00 p.m. 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 #013349 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/01/2007 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. lame!iVA. Hughes, Jr., (Publisher) Sworn to and subscribed before me this i x, day of /27 Z��6 fi✓ A.D. 2007 (SEAL) Notary Public ottpY PUe'{, i'<osealee A. Br,S ianan Commission #DD318483 .:ate Expires: Jun 25, 2008 9�` OF F�OQ Bonded Th. Atlantic Bonding Co., Inc. CITY COUNCILMEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, March 6, 2007, 6:00 p.m. at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect many matter considered at this meeting, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Ganuotea, 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: lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish: 03/012007 Okeechobee Times CITY OF OKEECHOBEE - Msrch 6,2007 REGULAR CITY COUNCIL MEETING- __HANDAWTTEN_MTES______ !Ali Page 4- ---Il--OPMGiCEmt:MONES.--l-nv-o-caTi6hgiven -y,im on b-j -Daws----FirgfUhifd-iTM-e-th-(o-di-s--t-Church; --------- Pledge of Allegiance led by Mavor. -MAYOA% C-GUNCLAND-STAFF ATTENDANCE - City_C3erjc__ Present Ako n* _lVayor James E_.__K1rk_ wry "ar _JVVeftf0fd.___ Jr. -Col incal Member -Lydia, Jean__WW*n_ Administrator Brian Whitehall R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. _ -Mayor Kirk presented Tom Tamer with a tea service award—rf _yearjon"v V. MINUTES - City Cerk. '71 jlvl� moved to dispense with the reading and approve the Summary of Cni inrilArtiAn f^rfk� C-k r%^ VOTE YEA NAY ABSTAIN ABSENT C. WATFORD L-.WFL—LIAh III A A. Requests for the addition, deferral or withdrawal of items on today' agenda. Page -2- - II. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT : D P.M. A. . a) Council Member moved to read by title only, Ordinance No. 977 regarding regar 'n jusirtess Licens Tax = City Attorney (Exhibit -1); seconded by Council Member b) Vote on motion to -read by title only. - VOTE YEA NAY ABSTAIN ABSENT KIRK C. WILLIAMS - MARKHAM WATFORD L.-WILLIAMS MOTION: DENIED/ RRIED. c) Attorney Cook read -proposed Ordinance No. 977 by titl_e_only as _follows: 'AN-ORDINANCEOF THE CITY _- OF OKEECHOBEE, FLORIDA AMENDING PART II, CODE OF ORDINANCES, GENERAL ORDINANCES, CHAPTER SA, TAXATION, To REFLECT STATUTORY CHANG€S ENAGT€D6X - THE FLORIDA LEGISLATURE; PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN - EFFECTIVE DATE.' 2. a Council Member ) �4moyecTto adoptproposed Ordinance lJo. 977; seconded by Council Member —7f ' /, )'),&A. -_ b) _ _ Public comments and discussion. _ _ _ ,`-� x-_-�-CJ• This change is due to -the State Legislation changing the -title in -the statutes. - > c - foie on motion. _ - ____ VOTE YEA NAY ABSTAIN ABSENT _.-- __----------- - - MARKHAM- - WAT'FORD L. WILLIAMS A1OTiON• DENIE i Page -3- B. 1 jquncil —Member moved to read by title only, proposed Ordinance No. 978 -- kL-4 -----regarqW taxi permits f".rr CjtY- ---2),-Worded— by - Council A4ember-- b) Vote on motion to read by title only. KIRK C--WILLIAMS ----MAF!KHAM WATFORD MOTION: DENIED/Ck'RIED. C) Attorney Cook read proposed Ordinance No. 978 by title only as follows: "AN ORDINANCE OF THE '-G] E—NERAL ORDINANCES, CHAPTER 62 VEHICLES FOR HIRE; CREATING ORDINANCE NO. 62-32 TO REFLECT THAT THE APPLICATION, INVESTIGATION —AND —APPROVAL ALL PERMITS FOR SHALL BE PERFORMED BY THE RI ISINESSAJC.ENSEjWtCE-0E-THE DEPARTMENT OF FINANCE; PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN EFFECTIVE DATE." Council Member C) Vote on motion. KIRK C. WILLIAMS MARKHAM WATFORD L. WILLIAMS-- 'CC MOTION: DENIE CARRIED. - - - -1 -, vVv%" Ulu% - Page -4- C.1.a) Council Member - moved to read by title only, proposed Ordinance No. 979 regarding Comprehensive- nFuture Land Use Map Amendment -No. 07-083-SSA, submitted by Mr. and r Sylvester Butler - City Planning Consultant (Exhibit 3); seconded by Council Member -_ - b) Vote on motion to read by title only. - VOTE YEA NAY ABSTAIN ABSENT KIRK_.. - _ C. WILLIAMS MARKHAM _ WATFORD - - L. WILLIAMS _ MOTION: DENIED AR _,j - C) Attorney Cook read proposed Ordinance No. 979 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE. FLORIDA AMENDING THE CITY OF OKEECHO-IDEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON - - - A- CERTAIN TRACT OF--LLAND -MORE - PARTICULARLY DE-SCRt8E0 HEREIN - FROM -NO- DESIGNATION TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND -REVISED FUTURE --LANE -USE -MAP IN THE --COMPREHENSIVE PLAN;- PROVIDING -F iR AX EFFECTIVE DATE." 2. a) Council Member moved to adopt Ordinance No. 979; seconded - ded byCouncil _ _ b) Public comments and discussion. This ordinance pertains to Comprehensive Plan Small Scale Future Land Use Map Amendment Application — No. 07-003=SSA -submitted by property owrrers,--S lvester y Wf'enny Butter -for property located -at 700 Northwest 9 Street, from No Designation tc Multi -Family MF . The Planning Board reviewed the application at their February 15, 2007 meeting Fcommends approval, it was found to be consistent with the -- - _Comprehensive Ban, - Mr.Jrn-LaRue,- reviewed the Ptanning-Sta"epod, recommending V~. Report -Summary: Pfanning Staff Comprehensive Plan Analysis: (A) As proposed the applicant's request would be consistent with the -Mutti-FamilyLand-Use category. Based orr, the apptication, it woutdappearthat-the -proposed use (mufti -family development) is consistent with Objecti're 2 and its corresponding policies in the Future Land Element. In signation would addition, the proposed Multi -Family decreate consiste icy with the RMF zoning district for this - - - - Pr_operty... 13) The.subje-at property is and already. receiving. adequate public facilities - _It sioes_not_ _ appear that this fact would change by allowing the Multi -Family Future Land Use classification on the property. (C)--This entire area, starting #rem-we,4o f-US 441-to east of Northwest-B" Avenue and -north-c Northwest Vh Street, has been in transition from Single Family to Multi -Family over the last few years. The applicant's request witfbe-compatible with-a0ax—it-uses as the existing nelgf"borhoad'Seems tb reitectlhe same levefi -- - of residential intensity. (D) This property would be best served by changing its Future_ Land Use category to Mult-Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. FaA C r V Page comments and d—iscus!�io—r�c—onti—nL�6d—.----------- --------- �tc • -, ei;aln Illy c) Vote on motion. yEA—A I ii v KIRK MARKHAM WATPQR—D MOTION: DENIE MAYOR KIRK CLOSED THE PUBLIC HEARING AT —L - -I- U P. M. VIII. NEW BUSINESS. A. Discussion regarding Code Enforcement -Magistrate- process - City Ad - ministrator and City Attorney. YA tl"Y • C/L Ly 7 iv -taw Lk IX. MAYOR KIRK ADJOURNED THE MEETING AT CITY OF OKEECHOBEE March 6, 2007 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 CALL TO ORDER - Mayor: March 6, 2007, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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. PROCLAMATIONS AND PRESENTATIONS. A. Present Tom Tamer with a Ten Year Longevity Service Award - Mayor. MARCH 6, 2007 - CITY COUNCIL AGENDA - PAGE 2 OF 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 20, 2007 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk. A.1.a) Motion to read by title only proposed Ordinance No. 977 regarding Business License Tax - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 977 by title only. 2.a) Motion to adopt Ordinance No. 977. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 978 regarding taxi cab permits - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 978 by title only. 2.a) Motion to adopt Ordinance No. 978. b) Public comments and discussion. MARCH VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 13.2.c) Vote on motion. CA.a) Motion to read by title only proposed Ordinance No. 979 regarding Comprehensive Plan Future Land Use Map Amendment No. 07-003-SSA, submitted by Mr. and Mrs. Sylvester Butler - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 979 by title only. 2.a) Motion to adopt Ordinance No. 979. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. Vlll. NEW BUSINESS. A. Discussion regarding Code Enforcement Magistrate process - City Administrator and City Attorney. IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 2007 - CITY COUNCIL AGENDA - PAGE 3 OF 3 ONGEVV TDOMRS A, TRPReP n Appreciation for Your 10-Years of Loral \Y/A anti DeJication witk tine City of 06eckobee �:ebruory 24, 1997 tkrougk f::ekruary 24, 2007 Service is tke lifeblood of any organization. Cverytking flows from it onJ is nouriskeJ 6y it. T%e City anti Your �-ellow Citizens leave -Penef itted Greatly by Your performance. presented tkis 64 day of Marcie, 2007 James G. KIPh, Magor beue Gamlote GMG. Gltg Glepk The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached cop adverti ement, being a 2, z I �� V-� in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 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 foypublication in the said newspaper. POOLIC NOTICE CONSIpLI0R OF ADOPTING A r,,, ORDINANCE q_��q. pKE tne. ^, I (fir au iu T,►Aarch 6, Zo9�;a[ � O�ered Da 55 SE Ave., OkeerJiobe6,'fL,66nWia PUBLIC NEARING on and consider Oral of the v�u�p�ONinence Ydo Isw. ' NO. 177 AN.ORD1- NANCE OF THE IxfT OF OI CtIOBEE RDINDA AW MDINO PART 11CODE OF ORDRDINCES1 OENEML ORDINANCES cNAPfER,'�p, TAXATION Td REFLEOT tTATUTORY_cKwo ENACTED iY TIIE FtDRNIA'LEOISLIITUk- PROYIOING FOR fAtIRICi3.8111STRUTMIM�,YAWAANaEfMIN.EMTE sad in the offtAll�ldill Mona, 8aM4:Pm 0-0 for bilidays• d mew by;tlte�l ny l�u�EO ticet # o m. des^rory hwe". ad person 041 need a teiwrd of Die pforxedltp§, fo such purpose may toad tD A verbs . record of the is made. rrNeh raca0 aaiudes the testkiwrry and midence t)m wl is`roAe be9ed: Ciy tSerktapes we forV"M sde purpose of badarp for dlfcief of to Clerk ARMS ,=-.�i ` Act AD tof u tplriisorprocefldrq stadd iwrdaat Lot .camiaea ralaler then MCI (2► woldnp day9 Tpp t� a at }a 1 8 747-55662D (TTY o vake impeked. cah CITY CLERK to d subscAbed before me this CONSTANCE L. HAWSE ,R,Ws- GO"�Comm# DD0563848 _ of A.D.20 � Expires 6/14/2010 ' Florida Notary Assn.. Inc ........... >................. ,_ Notary Public, State of Florida at Large FEB 20 - fs' READ - EXHIBIT NO. 6 MAR 6 -FINAL AH - EXHIBIT NO. I REVISED ORDINANCE NO. 977 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING PART II, CODE OF ORDINANCES, GENERAL ORDINANCES, CHAPTER 50, TAXATION, TO REFLECT STATUTORY CHANGES ENACTED BYTHE FLORIDA LEGISLATURE; PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN EFFECTIVE DATE. WHEREAS, Chapter 50 of the Code of Ordinances for the City of Okeechobee, Florida provides for imposition of Occupational License Tax as provided by Chapter 205, Florida Statutes; and WHEREAS, said chapter refers throughout, the language traditionally used to describe the permissible tax as "Occupational Llicense Tax," which the legislature has deemed appropriate for a change in wording, to be used by local governments effective January 1, 2007, and the City of Okeechobee intends to comply therewith; 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 from and after the effective date of this ordinance, each and every reference in the City of Okeechobee Code of Ordinances, Chapter 50, to the words "Occupational License Tax" shall be deleted, and inserted in its place the words "BuJn ICJ 'ess i '" Tax" "Local Business Tax," by which all future impaM#o" vu business lieeflse taxes tax receipts on business' within the City of Okeechobee shall be named, and all City forms and permits amended accordingly. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and public hearing on the 20" day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk Language underlined is to be added. Language *riekert is to be deleted Page 1 of 2 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 61h day of March, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached p co dvertisement being a y�p in a matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertiseme for publication in the said newspaper. ............................................ /— CONSTANCE L. HAWSE w rn o anscribed before me this """ ,o��,rP � Comm;# DD0563848 _3 Expires 6/14/2010 d of A.D. 20 F Florida ��; ':3.3ry Asso.. the Notary Public, State of Florida at Large F6'8 20 - f RFAO - FXH/8/T NO. 7 MAR 6 - FINAL PH - EXH/8IT NO. 1, ORDINANCE NO. 978 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING PART II, CODE OF ORDINANCES, GENERALORDINANCES, CHAPTER 62 VEHICLES FOR HIRE; CREATING ORDINANCE NO. 62-32 TO REFLECT THAT THE APPLICATION, INVESTIGATION AND APPROVAL OF ALL PERMITS FOR VEHICLES FOR HIRE SHALL BE PERFORMED BY THE BUSINESS LICENSE OFFICE OF THE DEPARTMENT OF FINANCE; PROVIDING FOR CONFLICTS, SUBSTITUTION, AND AN EFFECTIVE DATE. WHEREAS, Chapter 62 of the Code of Ordinances for the City of Okeechobee, Florida provides for the application, investigation and issuance of business licenses for businesses that conduct vehicles for hire, or taxicabs; and WHEREAS, said chapter refers throughout, that each phase of the application process shall be conducted with the Department of General Services, and that final approval of the business license, shall be conducted and approved by the City Council for the City of Okeechobee; and WHEREAS, the City Council finds that the process is cumbersome as written, and that significant time and effort would be saved by transferring the entire process to the business license office of the Finance Department for 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 the following be added: Section.62-32. Authority. That from and after the effective date of this ordinance each and every reference in the City of Okeechobee Code of Ordinances Chapter 62 to the words "City Council". "Department of General Services" and "Mayor" shall be deleted. For the words "City Council" the words "Business License Office" shall be inserted in its place. For the words "Department of General Services" the words "Department of Finance" shall be inserted in its place. That the Department of Finance through the Business License Office shall be the department by which all future application investigation and issuance of business licenses for vehicles for hire and taxicabs within the City of Okeechobee shall be issued and all city forms and permits amended accordingly. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Language underlined is to be added. Language strieftem is to be deleted. Page 1 of 2 Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and public hearing on the 20" day of February, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 6 th day of March, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of adv t ent, being a in he matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of , 7 PUBLIC NUM ej CUNSWERATICNUFAUURTMN111 �> " A tin oRDiiiji E �" , ., '�fgundl o�11tS#Chty of OliaecJrobee, Ronde+rrll "P m o[3a soon #26yCfn! r RuBLltari� there .i UB " DDUIE CII1f 0�P CUMMEMS PLANT' BSB` PARIIC,U Y' ESCRIBEQR;hAE NEW F, T EMCEENbINB�oR LusNNR,�ORD► TURD'LMU USE MAP M 1}I MPREfitUIB�IYE1FlAN bIN6 EGR Aq aY S Th6 OfdUIBtICE1iS':fCQBr�fl�jSfflaY SCaIe 06III fE1fBI131Ve`PIJII°RIWrBkL811d' map kworert No. D7 SSW by op S and Pehnli Bu�TJre nrQr§st'i to ;moDesgnationiIQrd Far (MFj1fforprap w .. AN members of die. bkc ke'encoTiraged The p7DP.d,�.e, may be aisPect�i lic Inth is the City. Clerk ddnng regular business hours, Mort Fri, 8am-4: f s 8 PLEASE T NOTI ELAND AfNASED thalr'rf any,,'W n desires to ,appeal arty decision m5de'b�7ilieiCAy n +s+iltr respect to any matter conskered at this hearing such hdemsted person vn11 need a record of the proceed<irgs, and for be isuetrpuiposeaymeedto. afverb of ., =iemadr recatirUKdudes ttie'tes�ry Jnd + Cie appeatis to City Ckuk�tapes a rA fa Bie sdeipd ` +off � • foYolfuaal redords tlid CkiK s #: } In accordaneew(ith the Americans witti DisaDBdy Act (�Ti') ark Rodda' Standra 286.26,persons ivitli disalaibes iieeduig specie aceammodatton to°partkjpate In Dproceedkig shook comact Lane Gamiotea no latbrilian twe (2) wtAkip days to the oceedui4 at 863-763 3372 x215 it hearing or voice kripared, rd D 1-800- J448 Voice) or 1-881i-447-5620 (TTY): �"IC.CITYCLERK " 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 or publication in the said newspaper. ............................................-, CONSTANCE L. HAWSE wo to d u ribed before me this '�ft Comm# DD0563848 day of A.D. 20 _ ,(/1?} a Expires 6/14/2010 Florida Not -Assn.. Inc r fl Y! Y Lf !.4'/1F �l " �� -•_: " ....:...............................a Notary Public, State of Florida at Large MAR 6 AGENDA - FINAL PH - EXHIBIT NO. 3 ORDINANCE NO. 979 AN 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 NO DESIGNATION TO MULTI -FAMILY (MF); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 07-003-SSA), submitted by property owner(s) Sylvester and Penny Butler, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board at a duly advertised meeting held on February 15, 2007, 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 Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part Il, 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 0.516 acre(s) is hereby redesignated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 07-003-SSA, from No Designation to Multi- Family. The Legal Description of Subject Property is as follows: BEGINNING ATTHE SOUTHWESTCORNER OF LOT OF BLOCK 40, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND FORMERLY RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC Page 1 of 2 RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RUN NORTH 150 FEET; THENCE WEST 150 FEET TO THE EAST LINE OF NORTHWEST 8T" AVENUE (FORMERLY KNOWN AS TUSCALOOSA STREET); THENCE SOUTH ALONG THE EAST LINE OF NORTHWEST 8T" AVENUE (FORMERLY KNOWN AS TUSCALOOSA STREET) TO INTERSECTION WITH THE NORTH LINE OF NORTHWEST 9T" STREET (FORMERLY KNOWN AS FIFTEENTH STREET); THENCE EAST ALONG THE NORTH LINE OF NORTHWEST 9T" STREET (FORMERLY KNOWN AS FIFTEENTH STREET) TO THE POINT OF BEGINNING. 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. 979 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and public hearing on the 61h day of March, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk ADOPTED after first reading on the 61h day of March, 2007. ATTEST: Lane Gamiotea, CIVIC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, eat. 218 Fax: (863) 763-1686 Date: m � `; Petition No- 02 ,003 ,S5 Fee Paid: l 1st Hearing: ` a xearing: 7 , Publication Dates: Notices Mailed: Comprehensive Plan Map Amendment Application / Please Check One: Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): - _ _ _ QN' a ` p Owner mailing address: -r I' C►�ieC�� L_ Name of applicant(s) if other than owner (state relationship): �� 11 Applicant mailing address: A N Name of contact person (state relationship): NFCO-n-tact erson daytime phone(s): _ c Fax: ✓ Property address / directions to property: 20C Parcel IdentificationLimber: Size of the Property (in acres): Current Zoning Designation: P , Current Future Land Use Designation: C '� , _ : , ,1 r , 0, P Existing Use of the Property: R Proposed Future Land Use Designation: R T Proposed Use of the Property: -jVc ATh I-i I� �y /� s f - �� h �t C_ Fes' �i Ali Y Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): Wi fJ i a #Ac � "�� 0 �� C, '-P C c)'-Zl Rio i'I nqd va- %E� i36� .�4T �A-6� sW cc� hit G ILK q( A Uniform Land Use Application (rev- 12/03) Page 1 of 2 ✓ = Regni ed Atta. mreztts. / Survey of Property (1 I " x 14", 20" Scale) _,G Letter Outlining Request Notarized Letter of Owner's Authorization Application Fee (non-refundable) __,,---City Location Map Uniform Land Use Application (rev. 12/03) Page 2 of 2 JeS h7l t f- aU�c/ �� JL�%t u 3fiitl Tf7jJ 71-;mc fco-A 5�'1uQ DESCRIPTION BEGINNING AT THE SW CORNER OF LOT 6 OF BLOCK 40, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND RUN NORTH 150 FEET; THENCE WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO INTERSECTION WITH THE NORTH LINE OF 15TH STREET; THENCE EAST ALONG THE NORTH LINE OF 15TH STREET TO THE POINT OF BEGINNING. SURVEYORS NOTES Subject to easements and restrictions of record. Lands described hereon not abstracted by this office. Underground utilities and foundations are not shown. The description shown hereon was provided by the client and/or his/her agent. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. The surveyor did not interview adjoining land owners for unrecorded deeds or easements. Elevations, if any, are based upon assumed datum. Lands shown hereon are in Flood Zone C, accordinq to F!RV, G'cne' no. 120177 02008, doted 2-4-81. Address: 700 NW 9 T H STREET, OKEECHOBEE, FL II P F SURVEYORS CERTIFICATE I hereby certify that the attached sketch of survey of the hereon described property is true and correct Z e to the best of my knowledge and belief as surveyed kp in the field under my direct supervision. Subject to the qualifications noted hereon. CERTIFIED TO ONLY THE FOLLOWING PARTIES: SYLVESTER AND PENNY BUTLER BIG LAKE NATIONAL BANK, ITS SUCCESSORS AND/OR ASSIGNS OKEE-TANTIE TITLE INSURANCE COMPANY, INC. James R. Almond, PSM TICOR TITLE INSURANCE COMPANY, INC. Professional Surveyor —Mapper FIRST AMERICAN TITLE INSURANCE COMPANY, INC. UNITED GENERAL TITLE INSURANCE COMPANY, ItJC. Florida Registration No. LS5081 I o I N89'58'52"W 35, 00' �I w W` K I N I 0 U N I w � �0 o O W I ZI 3.06' 31 9In E 0 N �p 0 I 00 N C+ � SURVEY DATE: MAY 26, 1999 1 INCH I THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE SHOWN. IF BAR MEASURES DIFFERENTLY ENLARGE OR REDUCE ACCORDINGLY. I I FFi: COR O.5'r ,li.1 - -- ---- ---- FORMER _RAILROAD R W EAST LINE OF FORMER TUSCALOOSA STREET FD 5/8" IR WEST 0 N89.58'38"W M 0 0.516 ACRES t v� I I 70 90' I -- - - - - - - -- -----I---- 2-05' , 3 78' 26.48' 7, ' ---- 1p' U 79.32. r, 0 1 STORY CONCRETE BLOCK RESIDENCE o LOT 3 WEST LINE OF BLOCK 40 BEARING BASIS 150' D 150.05' M FENCE LINE 0.6'E FD 5/8" IR I I I I I I M I I I I I I 7.24 I I I 40.99' oI rno 0 41 n I �n CONCRETE 0 I v BLOCK STRUCTURE I I I 2.a1 SEPTIC TANK I I COVERED CONC I oc CONC I 709 68 24' o > O 1 STORY CONCRETE BLOCK RESIDENCE ^w 0 m ? 48.91' 10.91 H A - - n 39.52' + g CONC 3.01' 3.51' '� I COVERED CONC PD ° I 0 0 LOT 4 mo J r � W O W — Ln d m c� z YO=0_WO 00 - In W O W cV W mymmw O m O c� LOT 5 w Y O --- 29_0_--- 0 19.97' 0 I 101.09' _ I ---- N -----------------------fir-- I I 01 el I I o6 I o °0 FNC COR I NORTH LINE OF 1.2'N,1.3'W FNC COR FD 5/8" IR " I N FORMER 15TH STREET 1.1'N,1.2'E IN CONC UP UP S89'5418'E M Up - FD 4" CM EAST D WM 150.10' M 150' G CONC I S. R.D R/W SW CORNER OF LOT 6, BLOCK 40, OKEECHOBEE POINT OF BEGINNING N <lo ,r, o LOT 6 MH CONC SIDEWALK 185.05'--(y�— __ — — 589"54' 18"E — — — — NW 9TH STREET 70' R/W FORMERLY 15TH STREET BOUNDARY SURVEY LOCATED IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA PREPARED FOR: SYLVESTER AND PENNY BUTLER A = Arc length AC = Acres A/C = Air Conditioner AKA = Also Known As ALUM = Aluminum ANC = Anchor ASPH = Asphalt Pavement BLK = Block BM = Benchmark BS = Boat Spike C = Calculated dimension CB = Catch Basin CBS = Concrete Block Structure CH = Chord bearing and distance CIP = Cast Iron Pipe CL = Centerline C/L = Chainlink Fence CM = Concrete Monument CMP = Corrugated Metal Pipe CONC = Concrete CR = County Road CVI = Cable TV pedestal D = Deed dimension DB = Deed Book DE = Drainage Easement = Delta or Central Angle DH = Drill Hole ELEV = Elevation ENCRH = Encroachment EOP = Edge of Pavement EOW = Edge of Water ESMT = Easement FD = Found FFE = Finished Floor Elevation FH = Fire Hydrant FM = Force Main FNC = Fence FPL = Florida Power & Light FT = Feet GL = Gas Line GOVT = Government I&EE = Ingress & Egress Easement IP = Iron Pipe IR = Iron Rod IRC = Iron Rod with Cap K = Kilometers L = Arc Length LAE = Limited Access Easement LE = Landscape Easement LWP = Liter Wood Post t NGVD29 NAVD88 NIC NR OH OHL ORB P PB PC PCC PCP PG PK POB POC PRC PRM PT PUD R RCP RD RES RGE R/W SECT SET SF SPRINT SR SUL SFWMD T TOB TWP TYP UE UDE WFS WL WM WV = Measured Dime = Manhole = Mean High Wal = More or Less = National Geode = North Americai = Not Included = Not Radial = Overhang = Overhead Utilit = Official Record = Plat dimension = Plat Book = Point of Curvati = Point of Compoi = Permanent Con1 = Page = Parker Kalon na = Point of Beginni = Point of Comme = Point of Reverse = Permanent Refe: = Point of Tangen = Planned Unit De = Radius dimensic = Radial = Round Concrete = Road = Residence = Range = Right-of-way = Section = Set 5/8" Iron Ro = Square Feet = Sprint pedastai = State Road = Safe Upland Lin = South Florida W = Tangent = Top of Bank = Township = Typical = Utility Easement = Utility & Draina; = Wood Frame Str = Water Line = Water Meter = Water Valve COPYRIGHT OC 1995. JAMES R. ALMOND, PSM SHEET 2 OF 2 JAMES R. ALMOND, PSM SEE SHEET I OF 2 FOR SURVEY DATA Surveying-Mapping--Consultant-Environmental Permitting 2020 South Parrott Avenue, Suite 102C, Okeechobee, Florida 34974 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Staff Report -Small Scale Comprehensive Plan Amendment Prepared for: Applicant: Petition No. The City of Okeechobee Sylvester and Penny Butler 07-003-SSA Staff Report Applicant: Sylvester and Penny Butler Small -Scale Comprehensive Plan Amendment Petition No. 07-003-SSA Existing Proposed' Future Land Use Map Classification No Designation Multi -Family Zoning District RMF None Use of Property Residences Multi -family Residence Acreage 0.516 acres 0.516 acres - Location: 700 NW 9th Street, Okeechobee, FL Legal Description: BEGINNING AT THE SW CORNER OF LOT 6 OF BLOCK 40, TOWN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND RUN NORTH 150 FEET; THENCE WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET; THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO INTERSECTION WITH THE NORTH LINE OF 15TH STREET; THENCE EAST ALONG THE NORTH LINE OF 15TH STREET TO THE POINT OF BEGINNING. Request, The matter for consideration is an application for a Future Land Use Map Amendment to Multi - Family. Based on the size of the property (0.516 acres), this application qualifies under Chapter 163 of the Florida Statutes as a Small -Scale Amendment to the Comprehensive Plan. Evidently, this property was at one time right-of-way for the nearby railroad. Zoning was designated but Future Land Use for this property was not. . .3ti North: Future Land Use Map Classification: No Future LandUse Zoning District: Holding Existing Land Use: Vacant East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: DOT Maintenance Yard South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Industrial IND Industrial`, related offices Commercial &'Single Family RMF Vacant and Commercial stores Staff Report Applicant: Sylvester and Penny Butler Small -Scale Comprehensive Plan Amendment Petition No. 07-003-SSA The subject property currently is not classified on the Future Land Use Map. The applicant is requesting this Future Land Use Map change in order to continue multi -family uses on the subject property. The Multi -Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up to ten dwelling units per acre. The property is currently within the RMF Zoning District. A. Consistency with the Land Use Categories and Plan Policies. As proposed, the applicant's request would be consistent with the Multi -Family Land Use category. Based on the application, it would appear that the proposed use (multi -family development) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. B. Concurrency of Adequate Public Facilities The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi -Family Future Land Use classification on the property. C. Compatibility with Adjacent and Nearby Land Uses This entire area, starting from west of U.S. 441 to east of NW 9"' Avenue and north of NW 8"' Street, has been in transition from Single Family to Multi Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. D. Compliance with Specific Standards of the Plan. This property would be best served by changing its Future Land Use category to Multi - Family. The change would be in compliance with the standards set forth in the Comprehensive Plan. Analysis and Conclusions Based on the above information, staff recommends approval of the request to amend the Future Land Use Map for the subject property to Multi -Family. Submitted by: Tames G. LaRue, AICP February 7, 2007 FEBRUARY 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 5 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of item agenda. agenda. There were none. son today's V. OPEN PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:03 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-003-SSA wassubmitted Amendment Application No. 07-003-SSA, submitted by property owners owners Sylvester and Penny Butler. The application is requesting to change the Future Land Use desi n t on from bypropa n-- Sylvester and Penny Butler. The application is to change the Future Land designated to RMF for property located at 700 Northwest 9t" Street. g U Use designation from Un-designated to RMF for property located at 700 Northwest 91" Street. Legal description: a unplatted 0.516 acre parcel LaRue Planning and Management was not represented at the meeting. The Planning Staff Report was available for each located to the West of Block 40, City of Okeechobee - Planning Board Member. Planning Staff Summary: The subject property currently is not classified on the Future Land Use Map. Consultant. The applicant is requesting this Future Land Use Map change in order to continue multi -family uses on the subject property. ap p perty. The Multi -Family Future Land Use Category will allow apartments, duplexes, and single-family homes on the property at a density of up- to ten dwelling units per acre. The property is currently within the RMF Zoning District. Planning Staff Comprehensive Plan Analysis: A. As proposed the applicant's request would be consistent with the Multi - Family Land Use category. Based on the application, it would appear that the proposed use (multi -family development) is consistent with Objective 2 and its corresponding policies in the Future Land Element. In addition, the proposed Multi -Family designation would create consistency with the RMF zoning district for this property. B. The subject property is developed and already receiving adequate public facilities. It does not appear that this fact would change by allowing the Multi -Family Future Land Use classification on the property. C. This entire area, starting from west of US 441 to east of Northwest 8t" Avenue and north of Northwest 8" Street, has been in transition from Single Family to multi Family over the last few years. The applicant's request will be compatible with adjacent uses as the existing neighborhood seems to reflect the same level of residential intensity. D. This property would be best served by changing its Future Land Use category to Multi -Family. The change would be I compliance with the standards set forth in the Comprehensive Plan. Planning Staff Analysis and Conclusions: Based on the above information, staff recommends approval of the request to amend the Future Land Use map for the subject property to Multi -Family. Chairperson Ledferd asked whether there were any questions or comments from the public? There were none. The Board questioned how the property was un-designated on the Future Land Use Map? City Clerk Gamiotea explained through research staff discovered that the property was originally part of the old railroad bed that ran from South Park Stret and Southwest 7" Avenue Northward through the City. FEBRUARY 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 5 V. PUBLIC HEARING CONTINUED. A. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-003-SSA continued. Portions of the railroad have been sold to individual property owners. On the original 1994 land use map the area was designated single family. However, whent eh map was updated through the Evaluation and Appraisl Report any portion of the old railrood was left undesignated which is the map that staff must use. The zoning on the property has been multiple family since 1978. City Staff finds these errors from time to time and the City has taken the approach to waive the application fee as they are deemed mapping errors. In essence it is a house -keeping item. Board Member Hoover moved to find Comprehensive Plan Map Amendment Petition No. 07-003-SSA consistent with the Comprehensive Plan, and approve to City Council the change for land use at 700 Northwest Yh Street from un-designated to Residential Multiple Family; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA JOHNS -NON -VOTING JUAREZ-YEA MCCOY - YEA O'CONNOR - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on March The application will be forwarded in ordinance form for a final Public Hearing on March 6, 2007 before City Council. 6, 2007 before City Council. III CLOSE PUBLIC HEARING - Chairperson III CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:08 P.M. IV. NEW BUSINESS (QUASI-JUDICIAL ITEM). A. Consider recommendation for Administrative Appeal for Building Permit The only new business item was a request made by Centennial Builders for the Board of Adjustment to consider an 420-06-07 issued to Centennial Builders in error. Administrative Appeal regarding Building Permit No. 420-06-07 issued by Building Official Tom Forbes and then later issued as voided due to error. Code Book Section 70-303(a) reads that permits issued on the basis of incorrect information on the application or in error, shall be voided. The applicant shall be notified in writing that the permit is void. The permit was issued, then on November 13, 2006 a letter was issued that the permit is void due to an error regarding the zoning district. The permit was for an off -premise (billboard) sign to be erected at 701 Southwest Park Street. These types of signs cannot be permitted in the Commercial Business District, which is the correct zoning for the location. However, on the permit Industrial was listed as the zoning district. City of Okeechobee 55 SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehall(iz-)cityofokeechobee.com * * * * *Memorandum * * * * * Date: For March 6, 2007 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • Legislative proposal on property tax relief - Altho' I have the property tax reform legislation will have difficulty passing it's cause for concern! The House Bill calls for a reduction of the City's millage rate from 7.1899 to 4.7326...a 34% reduction. With the updated Assessor's AV ($304,509,163) the City would have a revenue reduction of about $748,270!! To explain the impact, the City would not generate enough monies in ad valorem taxes to cover just the Police Dept budget, let alone the rest of the City. India worked up a spreadsheet (attached), which illustrates how the Bill affects the City's property tax. Total General Fund revenues would decrease about 14%. Another proposal, a Constitutional amendment, calls for the implementation of increased sales tax by up to $.025 (2.5 cents) but there has been little discussion as to how the sales tax would be distributed, if approved by the voters. We haven't received the figures to determine the impact yet as to the Governor's proposal to double the homestead exemption form $25k to $50k. I suspect it will be as bleak as the House Bill. Have spoken to Dale Milita, our lobbyist, for insight, and we are preparing a letter expressing our concern. • Royal Concrete project — Met with Royal reps on 2/20 and sent you, via email, a copy of their latest site plan. Rec'd notice of Hearing date, from Division of Administrative Hearings, for Apr 26 and 27th at City Hall to review petitioners concerns. • PUD reps — Expect LaRue to present the new PUD's at the March Plannign Board meeting. PUD Zoning -in -progress' Resolution passed at the 216 meeting. • Impact Fees — Walter Keller and I discussed issues last Tuesday and he indicated that he still has work to do on all Gov entities fees. (He appeared at the 1116107 meeting) • Commerce Park, NE 12th Street project — This project has been delayed while the contractor works on perfecting his performance bond since the preconstruction meeting on 1 /29/07. Low bidder, Telehar Corp., allowed some $59,000 to construct the northern most lake (Lake#1). I keep reviewing the lake construction because of the `unbudgeted' costs associated with the SFWMD mandate. We are really fortunate that the bids came in some $68, 000 below grant funded level and we may be able to use those funds toward Lake #2 construction, which will help considerable, to the point of being able to complete excavation and inlet structures. Main Street Initiative of expanding CRA- Met with Main St group about extending CRA along SR70 East to City Limits. About a year ago we met and discussed CRA expansion and Tax Increment Financing. Other Issues by Dept: City Attorney and legal issues of concern: • Semi Parking Code Modification - Dennis Wilson, 1102 NW 7tn Ct. I've heard nothing from Mr. Wilson and now have asked the Code Enforcement Dept to pursue some compliance. As you recall I wrote a letter urging Mr Wilson to pursue a zoning change to accommodate his request of parking semi in a residential area vs. the Special Exception approach. • Billboards - Passed a Resolution at the 2/20 meeting extending the moratorium until May 1st • Code Enforcement Magistrate process - the `Magistrate' process to expedite Code (nuisance) compliance issues vs. the current Code Enforcement Board process has been worked on by Atty Cook. I need to review the matter and it is hoped that it will be placed on the March 20th Agenda. The County has now implemented the magistrate process. • Mural approval process - as discussed briefly during Main St mention of their latest mural project, the City Code needs amended to move the mural approval process from the City Council to the Design Review Board. • George Dupont appeared at the 1/3/05 - requesting license for mobile vending 'cart'. Lane is waiting on some clarification from Atty Cook. • Litigation -plaintiff Dale Proudfoot - involved in a 10114106 accident, as a passenger, at an unmarked T-intersection at NW 11 th Av and 7th Court where he received injury. The matter has been passed on to PRM. • Litigation - Jerome Smith / Plaintiff, Jonathan Robinson - have heard little about except we've been advised that PRM will not be representing the City as it is an uncovered item. Atty Seidule, Plaintiff's Atty, Stuart, has made public records request. Atty Cook indicated that he has spoken to Atty Seidule. Engineering: • DOT bypass discussion - Oscar met with Co Asst Admin Threewits to briefly discuss traffic congestion and was told that the County has some funds to apply toward the study. • Discuss new building elevation requirements -. Discussed at 2/20/07 meeting - The Code (LDR Ch 78, Sec 78-1 (a)) states: 2) Developments shall be designed to provide adequate access to lots and sites, avoid adverse effects or noise, order traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. (1010 SW 7h' Ave) • SFWMD/County Storm Water Master Plan development - Oscar and I met with Bill Mathers about the matter and will plan a Council appearance in the next few months. OUA request for increased wellhead protection — Rec'd a letter from OVA requesting that City Code Sec 82-61 (b) (the NO development activity exclusion section) be increased to 1000 feet from 300' as a result of Entegra considering the installation of a well that will have a 'cone of influence' on OUA's existing wells. Have forwarded the request to Engineering for review, as the matter may not be that simple, may have an adverse effect on other buildable lots at the Park, may immediately put the Entegra bldg as incompliant, etc. etc. The general consensus is that SFWMD or the EPA will review well applications and determine if there is adverse influence to the City's water supply system. Finance: • Procurement process - India is working on revamping some of the antiquated terms and will update/re-educate all staff on the process. • Budget — never too early to discuss this! We're working on budget adjustments for this fiscal year to be presented in March (semi annually). • Ord#977 Occupational license now named Business License Tax in on this Agenda for adoption. • Ord #978 Taxi cab permits to be handled by Lic Dept is on Agenda for adoption. • Personnel retirement savings— I've had a few requests and am investigating introducing the 457 employee retirement plan (employee contribution) to our employees as an additional option for employee retirement planning. It's similar to the 401 k plan (tax deferred) except there's added enhancements geared to municipal employees. Again, absolutely NO employer costs or contributions. Fire: • Ladder truck grant - As you know, took delivery on the City of Pinellas Park ladder truck. Lane worked up a great plaque for presentation. • Code issues — Brantley — 1129 Mr Brantley was a `no-show' as indicated in an email to you ... the judge granted an additional 30 days predicated on a possible sale. I understand that the Lowes deal has fallen through but I've heard that another offer was made, but have been unable, to date, to substantiate it, sorry to perpetuate a potential rumor. • Union — Chief is formulating some of the responses to concerns. One request is devel a tax deferred payroll plan and am investigating a 457, as explained above. General Services: • Land Use Map Amendment for Butler - At approx 700 NW 9th St from unplatted to MF as recommended by Planning Board is on the Agenda (Ord #979). • Cleaning Services — the City currently pays about $1700/month for cleaning services and we will be requesting bids for that service. • Fee schedule for building permits et al — I've asked Betty to investigate fees again, having found that the County fee structure differs from the City Police: • Bike Night at Beef O'Brady's - next Tue, they're having a bike night expecting a large crowd. And they came in Wed 3/1 for a permit. The permit is being denied, because the Council hasn't had time to approve it. I did tell Chief Davis that we've had a few complaints on `bike night' and that they have to be monitored closely. I'm concerned that if we close the street it will turn into a 'drag strip' out there ... Only utilize a street closing in the event of a safety issue, to accommodate traffic concerns etc. • New 800 MHz system radio — is being reinitiated. The County finally chose a vendor to assist in design and grant funding. Had an info meeting on 1123107 attended by Police Dept reps. This is going to be a huge expenditure (hopefully funded by grants) that should start to take form over the next several months. Public Works:. • Baffle Box SE 4t" St at the boat launch ... Oscar devel timeline for completion as the DEP funding project deadline is 6130107. DEP has approved design and we have ordered the $33k `box' soon (8 week delivery) • Truck purchase — was budgeted again this year and have been investigating used dump trucks. Other: • CSX Railroad - continues to essentially ignore our concerns about blocking traffic on 441 N. Last complaint I rec'd was 2/16 for Y2 hour. Chief and Sheriff are working on communicating our concerns. • Blue Heron development — Southeast Contractors, Sebring, continue to investigate locating a condominium complex at the marina site and `villas' to the north, in the middle of the subdivision. LaRue, Robertson, Bermudez and / met with the developers and they have submitted an application to the Planning Board for the March mtg. • Osceola 'Street'— You have reed a few emails about this ceremonial issue commemorating W 5t' Ave as Osceola. Council member Williams continues to work on the project and will announce progress. • Main Street acquisition of CSX railroad building. Met with CSX real estate manager on 1216106 and found that the railroad is interested in donating the property, but only to the City. Main Street's TerTy Burroughs supplied a letter of their intention and referred the real estate matter to Atty Cook. • Donation of Gazebo/park benches - Met with Treasure Coast Hospice Liaison Darlene Webb on 2/26/07, after getting a quote of $8745 for 11 tables and 2 8' benches delivered w/ the City installing. They are considering. • Website — Committee met 2114, taking pictures and developing the site. Kim has made a mock web site with all Depts as links. • The City Hall SE Storage Building - As you can see we are moving right along with the storage building construction. Note: we have budgeted about $40k for the project, est at $60k. However our `fund balance' from prior year (where we budgeted $40k) should be able to handle the construction, with the annual budget adjustment process. • Mandating underground electrical - We reed a copy of the Ft Pierce ordinance and found that the ordinance was a compete revamp of their building regulations. One sectn refers to new and replacement services shall be served by underground means ... as set forth by the Fort Pierce Utilities Authority. It appears that the change might be accomplished by a building Code change. • Cable TV — Atty and I had conference call w/ Comcast and have reminded them they were to mail the last negotiated communications, from the fall of 2004. Finally, at least reached Comcast (a few weeks ago) and they are to send the latest info ... STILL NOTHING reed to date! • Speckled Perch Festival — March a —11tn • Sunshine Laws and meeting with developers et.al. — Sent the following email last Tuesday. City Council - I've been approached, more than once, about the uneasiness of City Council members to discuss, in particular, development issues from developers on a one-on-one basis. Atty Cook wrote a memo on the matter last week, of which I am attaching hereto. And, also attached, Clerk Gamiotea gave me a copy of an applicable Resolution passed by the City Council in 1997. As you can see by the Memo, Atty Cook tries to address the issue, and the most thought provoking statement, in my opinion, is: "Thus, the brief discussion and approval vote at a public meeting is just part of the whole decision making process when considering approval of these projects; the private meetings, inspections, conversations etc. that occurred out of the public eye may make up a substantial portion of the decision making process by a council member." Clerk Gamiotea followed Atty Cook's remarks by mentioning the Resolution and the part of same: '—which removes the presumption of prejudice from ex parte communications with local officials by establishing a process...'. That process is defined, among other items in the Resolution, as a disclosure method, to be made part of the Council record. Now, the current issue is, I am seeking advise in order to be consistentw/ developers and each of you, as to how comfortable you feel with private meetings / conferences with potential developers, for example. When a developer, for example, requests of me, as to whether I have a problem with him meeting with you individually ... how should I advise? The City Council, in my opinion, needs to give a unified answer to the question of meeting individually w/ developers so that no one City Council member is given knowledgeable preference or is put in an unenviable position. Sorry to be so wordy on this subject. I would be glad to review the matter with any of you ... orwe can put the issue on the Agenda The input that I have rec'd to date: General preference not to talk to the applicants, but that citizens feel it is their right to speak to their elected officials. Therefore, the feeling is that it should be allowed as long as applicant understands City Council members cannot state how they will vote and discloses the conference prior to discussion at the Council Meeting. A B C D E F I G I H I J K L M I N 1 City of Okeechobee Impact of House of Representatives Bill Starting with the Rollback rate from FY Using Previous Years Roll back Rate x CPI given in calculation Year 2001 2001 2002 2003 2004 2005 2006 2007 Current Rollback Rate 6.0204 6.2877 6.384 6.3536 6.3568 6.6621 New Rollback Rate 6.0204 5.8524 5.6835 5.1328 4.6374 4.5590 CPI 3.43% 1.77 2.2 2.19 3.01 3.81 2.01 New Millage to be used 5.9399 8.22 5.9559 5.8085 5.2452 4.7769 4.7326 Prior year Final Prior Year Taxes Gross Taxable based on Current Year Value from Rollback rate x Adjusted Taxable Form8422 CPI Value' 183,489,400 1,089,909 181,035,148 timea(.0062268) 185283156 a uals 1 153721 div 1971347 202,234,482 1,204,488 211,924,515 219,064,068 1,272,433 247,898,003 252,438,710 1,324,091 285,522,399 293,842,487 1,403,656 307,880,206 Current Gross Property New Ad Values Valorum 185,262,656 1,153,594 201,864,930 1,202,287 214,910,129 1,248,305 251,152,838 1,317,347 291,633,915 1,393,106 309,965,572 1,466,943 7,781,682 Previous Millage 6.6899 6,6899 7.1899 7.1899 7.1899 7.1899 Completed 2/28/2007 Decrease Previous Ad In Valorum Revenues 1,239,389 86,795 1,350,456-148,169 1,545,182 -296,877 1,805,764 488,417 2,096,819 -703,713 2,228,621 781,87 10,266,231-2,484,649 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 'New Assesed Value of property less New Construction Prior Year Millage (F(prior yr)) x Prior Yr Final Gross Taxable Value (G) = Prior Year Ad Valorum Taxes (H) Prior Year Ad Valorem Proceeds (H) divided by Current Year Adjusted Taxable Value (1) = Current Roll Back Rate (D) Current Year Rolled Back Rate (D) x CPI (E) = New Millage (F) to be used