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2008-02-05
CITY OF OKEECHOBEE FEBRUARY 5, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: February 5, 2008, City Council Regular Meeting; 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Larry Kilgore, Okeechobee Church of God; 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. A. Present Sammy Hancock a Five -Year Service Award. Mayor Kirk called the February 5, 2008 Regular City Council Meeting to order at 6:05 p.m. Pastor Kilgore of the Okeechobee Church of God offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present Mr. Hancock was not present to receive his five-year longevity service award. PAGE 1 OF 8 B. Present Carol Johns a Certificate of Appreciation for serving on the Mrs. Carol was not present to receive her certificate of appreciation for her tenure of the Planning Board, Board of Board of Adjustments/Planning Board. Ill Adjustment and Appeals and Design Review Board. 1 FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 2 OF 8 59 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. C. Proclaim the week of February 17 - 23, 2008 as "National Engineers Week" V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 15, 2008 Regular Meeting. VI. AGENDA - Mayor. Mayor Kirk read and presented the following proclamation to Engineer Marcos Y. Montes De Oca: "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 17 through 23, 2008, as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee." Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the January 15, 2008 Regular Meeting; seconded by Council Member C. Williams. There was no discussion on this item. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 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. III New Business item G. Exhibit 9 was added to the agenda to discuss citizen board appointments. VII OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AND FIRST READING OF ORDINANCE - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:12 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1006 regarding Council Member Watford moved read by title only, proposed Ordinance No.1006 regarding Rezoning Application No. Rezoning Application No. 07-015-R, submitted by Brad Goodbread, 07-015-R, submitted by Brad Goodbread, to change the zoning designation from RSF-1 to CHV for Lots 8 and 9 of to change the zoning designation from RSF-1 to CHV for Lots 8 & 9 Block 25, First Addition to South Okeechobee; seconded by Council Member L. Williams. of Block 25, First Addition to South Okeechobee - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 3 OF 8 VII. PUBLIC HEARING CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1006 by title only 2. a) Motion to adopt proposed Ordinance No. 1006. b) Public comments and discussion. c) Vote on motion. Attorney Cook read proposed Ordinance No. 1006 by title only as follows: "AN ORDINANCE OF THE CITY OFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BYREZONING A CERTAIN TRACT OF LAND MORE PARTICULARL Y DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 1006; seconded by Council Member L. Williams. City Planning Consultant Bill Brisson, presented the staff report with the findings of the application being consistent with the Comprehensive Plan. Both Planning Staff and Planning Board are recommending approval. The two lots being changed complete the entire block, of which recently was approved. Mayor Kirk asked whether there were any questions or comments from the public. There were none. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only, and set February 19, 2008 as a final Council Member Watford moved to read by title only, and set February 19, 2008 as a final public hearing date for public hearing date for proposed Ordinance No. 1008 amending the proposed Ordinance No. 1008 amending the Land Development Regulations pertaining to assisted living facilities and Land Development Regulations pertaining to assisted living facilities hospitals; seconded by Council Member L. Williams. and hospitals - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 1008 by title only VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1008 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE716, LANDDEVELOPMENT REGULATIONS, ASAMENDED, AMENDING DIVISION 6 SECTION 90-223; DIVISION 7, SECTION 90-253, DIVISION 8 SECTIONS 90-282 AND 90- 283; THEREOF, TO INCLUDE ADDITIONAL SPECIAL EXCEPTION USES TO THOSE LAND USE CATEGORIES, MAKING AS A SPECIAL EXCEPTION USE ASSISTED LIVING FACILITIES AND HOSPITAL IN SUCH DIVISIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 4 OF 8 61 VII. PUBLIC HEARING CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 1008. b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - MAYOR. Vill. NEW BUSINESS. Council Member Markham moved to approve the first reading of proposed Ordinance No.1008; seconded by Council Member C. Williams. Mr. Brisson noted a few corrections that needed to be made to the ordinance. The fifth "whereas paragraph" delete "and hospitals" so that only assisted living facilities were in the CPO, CLT and CHV as a special exception use. Change "permitted use to "special exception use" for hospitals in CHV. Section 3, the code book section number should be changed from 90-282 to 90-283 as hospitals are being considered in the special exception use list. The appropriate change also should be made to the listing. There were some copies of the proposed ordinance that listed hospitals as a special exception use in CPO and CLT, those should be stricken as well. The changes will be noted on the final copy of the ordinance to be considered at the February 19" meeting. Mayor Kirk asked whether there were any questions or comments from the public? There were none. KIRK - YEA C. WILLIAMS - YEA MARKHAM - YEA L. WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:19 P.M. WATFORD - YEA MOTION CARRIED. A.1. a) Motion to read by title only, and set February 19, 2008 as a final Council Member Watford moved to read by title only, and set February 19, 2008 as a final public hearing date for public hearing date for proposed Ordinance No. 1009 pertaining to proposed Ordinance No. 1009 pertaining to emergency restriction water usage; seconded by Council Member L. emergency restriction water usage - City Attorney (Exhibit 3). 111 Williams. b) Vote on motion to read by title only and set final public hearing date. I VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1009 by title only. Attorney Cook read proposed Ordinance No. 1009 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, ENVIRONMENT, WHICH WILL CREATE ARTICLE IV, SECTION 30-88, EMERGENCY RESTRICTION WATER USAGE; SECTION 30-89, ENFORCEMENT OF EMERGENCY RESTRICTION WATER USAGE; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 5 OF 8 VIII. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 1009. b) Discussion. c) Vote on motion. B.1. a) Motion to read by title only, and set February 19, 2008 as a final public hearing date for proposed Ordinance No. 1010, amending the Land Development Regulations pertaining to lighting standards for streets, parking and other areas; modifying parking access driveway width requirements for uses other than SF; and adding requirements for landscaping in parking and vehicular use areas and landscape buffer areas - City Planning Consultant (Exhibit 4). Council Member Markham moved to approve the first reading of proposed Ordinance No.1009; seconded by Council Member L. Williams. The Council briefly discussed the proposed ordinance that would set fines against water restriction violators. A violation will be considered a civil infraction. Section One (g) and (h) will be handled by the Code Enforcement Board. Paragraph (g) notes the fine could be up to $500.00. The fine amount will be dependent upon the number of previous warnings or citations issued to the violator. Chief Davis added that his department, as of today, issued over 120 warnings. The Council agreed that while this seems harsh, we all have to work through the drought together and protect our water resources. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set February 19, 2008 as a final public hearing date for proposed Ordinance No. 1010, amending the Land Development Regulations pertaining to lighting standards for streets, parking and other areas; modifying parking access driveway width requirements for uses other than SF; and adding requirements for landscaping in parking and vehicular use areas and landscape buffer areas; seconded by Council Member L. Williams. b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1010 by title only. Attorney Cook read proposed Ordinance No. 1010 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 78-71 BYADDING LIGHTING STANDARDS FOR STREETS, PARKING AND OTHER COMMON AREAS, SECTION 90-511 BY MODIFYING THE PARKING ACCESS DRIVEWAY WIDTH REQUIREMENTS FOR USES OTHER THAN SINGLE-FAMILYRESIDENCES, SECTIONS 90-532, 90-533 AND 90- 534 BY ADDING REQUIREMENTS FOR LANDSCAPING IN PARKING AND VEHICULAR USE AREAS AND LANDSCAPE BUFFER AREAS; AND, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 6 OF 8 63 1 VIII. NEW BUSINESS CONTINUED. B. 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Markham moved to approve the first reading of proposed Ordinance No.1010; seconded by Council 1010. Member L. Williams. b) Discussion. Mr. Brisson explained the proposed changes to the Land Development Regulations. Both Planning Staff and Planning Board are recommending the adoption of these amendments. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Motion to approve a Temporary Street Closing Application Council Member Watford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main submitted by Okeechobee Main Street for the Top of the Lake Art Street, to temporarily close Southwest 4tn Avenue between North and South Park Streets on February 22 through 24, Festival, February 22 - 24, 2008, SW 4th Avenue between North and 2008 for the Top of the Lake Art Festival; seconded by Council Member Markham. South Park Streets - City Clerk (Exhibit 5). 11 KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Consider Alley Closing Application No. 87, submitted by LEMAC, Alley Closing Application No. 87 was submitted by Mr. Kenneth Egan as the President of LEMAC, LLC (Affordable LLC (Affordable Auto), closing the North to South Alleyway between Auto). Mr. Egan owns Lots 1 to 3 of Block 7, South Okeechobee Subdivision. The West adjourning property owner Lots 1 - 3 and 7 - 9 of Block 7, City of Okeechobee - City Clerk (Lots 7 to 9 of Block 7) signed a notarized letter of consent to close the alley. The south -end of the alley, between lots (Exhibit 6). 4 to 6 and 10 to 12 is already closed. Easements are not being requested by the utility companies. Council Member Watford made a motion to accept the application, proceed with the alley closing and instructed Attorney Cook to draft the appropriate ordinance for first reading on February 19, 2008 closing the North to South Alleyway between Lots 1 to 3 and 7 to 9 of Block 7, South Okeechobee; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - NO WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. • FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 7 OF 8 Vill. NEW BUSINESS CONTINUED. E. Consider a request submitted by Mark Goodbread for a Developer's Mr. Mark Goodbread requested to be on the agenda to discuss a Developer's Agreement between the City and Agreement between the City and LaFish, LLC, Developer of Oaks LaFish, LLC, as the developer of Oaks Plaza pertaining to a turn lane at the intersection of Southwest 21 s' Street and Plaza pertaining to a turn lane at the intersection of SW 2V Street South Parrott Avenue. Due to the complexity of the matter and the fact that the Council did not have a draft copy of and Hwy 441 - Mark Goodbread (Exhibit 7). a developer's agreement to consider for approval, Mayor Kirk requested that the matter continue with City Staff until an agreement is ready for appropriate consideration. Mr. Brandon Tucker (realtor on the project), Mr. Steve Dobbs (engineer for the project), Traffic Consultants of Kimley-Horn and Mr. Fisher briefly highlighted the points of the project and that they have been working with staff since October 2007. In an effort to move at a faster pace, Mr. Tucker asked whether Mr. Fisher's attorney could submit a developer's agreement for City Staff to review. Attorney Cook answered, yes. No official action was taken at this time as the matter will return to the Council for final consideration. F. Motion to approve a Fire Fighters Pension Trust Fund Agreement Council Member Watford moved to approve a Fire Fighters Pension Trust Fund Agreement concerning deduction from concerning deduction from Retirement Benefits for Qualified Health Retirement Benefits for Qualified Health Insurance Premiums; seconded by Council Member C. Williams. Insurance Premiums - Assistant Chief Douglas (Exhibit 8). VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: G. Appointments to Citizen Boards - City Clerk (Exhibit 9): Planning Board/Board of Adjustment and Appeals/Design Council Member Markham made a motion to appoint Mr. Juarez as a regular member to the Planning Board. Motion Review Board. died for lack of second. Council Member C Williams moved to appoint Mike O'Connor; seconded by Council Member Watford. Council Member Markham noted that they have a recommendation from the Planning Board Chair, regarding Mr. Juarez's appointment, due to his assistance to the board in translating matters in Spanish, and it has been the Council's policy to appoint the alternate with seniority, again Mr. Juarez. The Council discussed the matter further noting it was a hard decision. The "seniority' appointment has not always been followed. Mr. O'Connor served on the City's Code Enforcement Board for 10 years and 4 years as a Council Member giving him more experience on these types of boards. The Council also noted that both candidates would do an excellent job for the City. VOTE KIRK - YEA MARKHAM - No WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. FEBRUARY 5, 2008 - REGULAR MEETING - PAGE 8 OF 8 65 VII. NEW BUSINESS CONTINUED. �H G.1. Appointments to Planning Board/Board of Adjustment and Council Member Markham moved to a oint Mr. Chris Close as an alternate to the Plannin Board/Board of Appeals/Design Review Board continued. Adiustment and Appeals and Design Review Board; seconded by Council Member L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 2. Appointment to the Okeechobee Utility Authority Board. Recently the Council moved Mr. Frank Irby from alternate Okeechobee Utility Authority Board Alternate Member to Regular Member to replace Mr. George Long. The Clerk's Office received an application for the position, from Mr. Devin Maxwell. Council Member Markham moved to appoint Devin Maxwell as the Ci 's appointed alternate member to the OUA Board of Directors; seconded by L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT8:10 P.M. The next Regular Meeting is scheduled for February 19, 2008. 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 are for the sole purpos a up for official records of the Clerk. James E. Kirk ATTEST:. . Mayor Lane amiotea, CMC City Clerk Page -1- CITY OF OKEECHOBEE - February 5, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk on Feb 5, 2008, City Council Regular Meeting 6:05 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Kilgore: Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Robertson x x x x x x x x x records x x x IV. PRESENTATIONS AND PROCLAMATIONS. A. Present Sammy Hancock a Five -Year Service Award. Sammy was not present to receive his award, it will be mailed to him. Longevity Service Certificate presented to Sammy Hancock In appreciation of ryour 5 years of hard work and dedication with the City of Okeechobee October 29, 2002 through October 29, 2007 service is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your fellow citizens have benefitted greatly by your performance. Presented this 51h day of February, 2008. With a name engraved cross pen. B. Present Carol Johns a Certificate of Appreciation for serving on the Board of Adjustments, Planning Board and Design Review Board. Certificate of Appreciation Office of the Mayor Okeechobee, Florida extend this expression of appreication to Carol L. Johns in recognition of her outstandign servie to the community the ciyt and your fellow citizens have benefitted greatly by your unselfish dedication in the performance of your duties as amember of the Planning Board, Board of Adjustment and Appeals and Design Review Board September 20, 2005 to February 5, 2008 Gevin on hbehalf of hte City Council this 51h day of February, 2008. Mrs. Johns was not able to attend the meeting due to an emergency at her office, the certficate will be mailed to her. C. Proclaim the week of February 17-23, 2008 as "National Engineers Week." Mayor Kirk presented the following proclamation to Marcos Y. Montes De Oca, PE "WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century, and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; Page -2- NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 17 through 23, 2008, as "NATIONAL ENGINEERS WEEK" in the City of Okeechobee." V. MINUTES - City Clerk. A. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the 1 /15/2008 Regular Meeting, seconded by Council Member C. Williams. No discussion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? New add item G. Exhibit 9. VII. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:12 P.M. A.1. a)Council Member Watford moved read by title only proposed Ordinance No.1006 regarding Rezoning Application No. 07-015-R, submitted by Brad Goodbread, to change the zoning designation from RSF-1 to CHV for Lots 8 & 9 of Block 25, First Addition to South Okeechobee - City Planning Consultant (Exhibit 1); seconded by Council Member L. Williams. b) Vote on motion to read by title only and set the final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No.1006 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY - ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1006; seconded by Council Member C. Williams. b) Public comments and discussion. Mr. Brission, Senior Planner presented the staff report, final two lots within the block, approved the small plan for the lots, planning board recommends approval planning staff recommends approval based on findings of fact. Public - none. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK x C. WILLIAMS x MARKHAM x WATFORD x L. WILLIAMS x MOTION: CARRIED. Page -3- B.1. a) Council Member Watford moved to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No. 1008 amending the Land Development Regulations pertaining to assisted living facilities and hospitals - City Planning Consultant (Exhibit 2); seconded by Council Member L. Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 1008 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISION 6 SECTION 90-223; DIVISION7, SECTION 90-253, DIVISION 8 SECTIONS 90-282 AND 90-283; THEREOF, TO INCLUDE ADDITIONAL SPECIAL EXCEPTION USES TO THOSE LAND USE CATEGORIES, MAKING AS A SPECIAL EXCEPTION USE ASSISTED LIVING FACILITIES AND HOSPITAL IN SUCH DIVISIONS, PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1008; seconded by Council Member C. Williams. b) Public discussion and comments. Mr. Brission, a few corrections see ord noted in pencil DW right now we only have them in ? BB public ? None C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:19 P.M. VIII. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No.1009 pertaining to emergency restriction water usage - City Attorney (Exhibit 3); seconded by Council Member L. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No.1009 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, ENVIRONMENT, WHICH WILL CREATE ARTICLE IV, SECTION 30-88, EMERGENCY RESTRICTION WATER USAGE; SECTION 30-89, ENFORCEMENT OF EMERGENCY Page -4- RESTRICTION WATER USAGE, PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1009; seconded by Council Member L. Williams. b) Discussion. DW changing from misdeameanor to civil infraction. How do we determine on section 1 f, how do we determine that? JC the code board would determine that. Orginally written to be for citation to the county clerk of court. We can use either procedure, in the past we've never used the court system. LM saw the $500 and talked to BW he said it depends on how many times you run your water and how many times they have been given the citations, DW do we anticipate we will give warnings Davis we have been over 120 warnings already. DW think we need to work on this together, scared with what we are in for, major concerns, JK we have to do our part c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No. 1010, amending the Land Development Regulations pertaining to lighting standards for streets, parking and other areas; modifying parking access driveway width requirements for uses other than SF; and adding requirements for landscaping in parking and vehicular use areas and landscape buffer areas - City Planning Consultant (Exhibit 4); seconded by Council Member L. Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 1010 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 78-71 BY ADDING LIGHTING STANDARDS FOR STREETS, PARKING AND OTHER COMMON AREAS; SECTION 90-511 BY MODIFYING THE PARKING ACCESS DRIVEWAY WIDTH REQUIREMENTS FOR USES OTHER THAN SINGLE- FAMILY RESIDENCES, SECTIONS 90-532, 90-533 AND 90-534 BY ADDING REQUIREMENTS FOR LANDSCAPING IN PARKING AND VEHICULAR USE AREAS AND LANDSCAPE BUFFER AREAS, AND, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1010; seconded by Council Member L. Williams, b) Discussion. Brission, haven't discussed this at all, 78-71 has a statement that there should be lighting but nothings in the Page -5- LDC states what the lighting shall be and how formed, placed in manner for minimum standards, '/z foot candle power, angle parking and paving requirements landscaping for mulitple family no questions for staff by council discussion between council - none public - none c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. C. Council Member Watford moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street for the Top of the Lake Art Festival, February 22 - 24, 2008, SW 4`h Avenue between North and South Park Streets - City Clerk (Exhibit 5); seconded by Council Member Markham. LM who puts barricades up? DR we put them out there and they put them out and take them down. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider Alley Closing Application No. 87, submitted by LEMAC, LLC (Affordable Auto), closing the North to South Alleyway between Lots 1 - 3 and 7 - 9 of Block 7, City of Okeechobee - City Clerk (Exhibit 6). LM don't think they need to close it CW already closed south half why not put it on the tax roll and let them have it Kirk heading in adirection that we need to stop soon, keep doing this at the advice of our own engineer, have to draw the line somewhere, agree with some of what markham says, we have been real lienante closing these alleyways, but with what we have before us tonight with only half the block already closed. DW tend to agree, getting mellow. My thought is that property owners getting some really good value there and different opinions over the years, we've been told that we can charge for the property. Could have a higher fee to try to keep them from coming in here and wanting just to join the property, that would limit a lot of it. LM church behind Emory Walker A/C gave them the time limit, Jeff main reason is a landscape buffer to separate the two parcels to buffer the residential property behind us and to beautify the property. JK do understand what LM was saying that you only get half of it. Yes sire and we're going to plant shrubs to separate the two. DW since half already Page -6- Council Member Watford made a motion; seconded by Council Member L. Williams. To accept the application proceed with the alley closing and instructed attorney cook to draft the appropriate ordinance for first reading on February 19, 2008. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. E. Consider a request submitted by Mark Goodbread for a Developer's Agreement between the City and LaFish, LLC, Developer of Oaks Plaza pertaining to a turn lane at the intersection of SW 21s` Street and Hwy 441 - Mark Goodbread (Exhibit 7). Brission, spoke with Whitehall, asked us to look over the developers agreement, we've been working on it, got basic comments, couldn't give more advice until those issues are resolved. Cook, can't agree to accept the contribution of the right of way tonight. We've got a lot more work to do before we can sign a developers agreement. DW appreicate the owners working with us Kirk if this could be worked out can help a problem that's down there now. Potential to benefit this. Brandon Tucker, potential we can take some action this evening, been involved in several cities need to come to an agreement to have cook draft an agreement, part of the development order in reviewing traffic study and they are here this evening, conclusion that were made, regardless they said there was no improvements needed, right of way land contribution over $100,000 for land by the developer, fair statemetn that brantley property will generate, applicanthas made good fairth effort to dedicate the right of way when the traffic study says they don't need it, but when traffic does not flow people will not come out of the development into the busiensses, potential for the right of way acquired and then the other developer across the street should pay their fair share, thnk it be prudent to agree on the terms JC could draft, right of way is vital, already laying foundation for next developers, positive development for the city and deligent in making sure other developers come in and address their share, can split hairs on how much each development pays, motion and vot eto approve the lanaguge draft by attorney make right of way dedication and that woudl take care of our fair share of that intersection for the development. Kirk questions? Markham any one come up with costs for the total improveemnts, 30% of the costs, BT $300,000 of the $100,000 land value. Cook, I can tell you that based on my discussion premature to accept the dedication of the right of way, base don information we have do not recommend you accept the right of way. BT if you accept it, have time to analysis it, JK don't have problem with him working on it but don't ahve the administrator here, think we should be working on the agreement and want the experts to hammer this out, our attorney recommends that we not pursue this tongith but I will instruct him to begin working on it andc get to it as quickly as possible, think leaving developers contribution out there, that intersection has to be taken care of, am instructing you to get with them aimmeidately and bring us something back, we're use to reading what we approve. BT have that by next meeting? JC can have a draft copy BT time is everything Page -7- Steve Dobbs, Rudd Jones, here on 2 fronts, been in meetings with Brian first one in October, presented the traffic study then. My developer doesn't want another $300,000 ticket on top of the development he's trying to do, understand how the stages work, didn't want to take a $350,000 gamble on the project, from beginning said we'd be happy to donate the land, end of the day your talking about a right hand turn lane. Traffic engineer, 3 accesses for the development. JK as a person who lives down there you know that a right hand turn lane would not be the solution, it may be something that the city needs to address as well. Steve, just wanted you all to understand we just didn't come up here 2 weeks, been working on this since October. BT our counsel draft it and send it to you for sake of time to you to review. That would be fine. list of comments on traffic study, would not impact right turns, left turns can look at what the impacts would be, as long as we have the acces on 21S` 22"d nd 441 there is no reason to use that turn lane. JK developers agreement and you get the ball rolloing, none of us wants this slowed down, BT did not know that you all did not have a copy of the developers agreement. JK understand we have to have the information in laymens turns, we need this to vote on it, excited ab out the project don't want to be a hinderance to it. Mark Goodbread, met with Brian several times, we have made the offer and we were under the understanding that things would be more progressive than what they have, Mr. Fisher is excited about getting a developer in Okeechobee, JK and we want him here to. Steve Fisher represent LaFisher, excited place for Park Avenue BBQ, we have a lot of okeechobee customers and I know that BW is not here and he never spoke saying what City of Okeechobee would or would not due, we are only asking you to do and now asked to do way more than what we have to do. JK we've asked for more? JC there have been discussions. JK This is why we need the information. LJW your attorney getting it to ours will get this moving. F. Council Member Watford moved to approve a Fire Fighters Pension Trust Fund Agreement concerning deduction from Retirement Benefits for Qualified Health Insurance Premiums - Assistant Chief Douglas (Exhibit 8); seconded by Council Member C. Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X C. WILLIAMS X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. ITEM ADDED TO AGENDA: G. Appointments to Citizen Boards - City Clerk (Exhibit 9): 1. Planning Board. Council Member O'Connor moved to appoint Mr. Juarez to regular member. Died for lack of second. Council Member C. Williams moved to appoint Mike O'Connor; seconded by Council Member Watford. Vote Yea. Markham No. Motion Carried. Council Member Markham moved to appoint Chris Close as an alternate to the Planning Board/Board of Adjon board; LJW second. Vote all yea. 2. OUA Board Council Member Markham moved Devin Maxwell; seconded by L. Williams. Appreicate him applying, no conflicts. Vote all yea. Motion Carried. VIII. MAYOR KIRK ADJOURNED THE MEETING AT 7.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 Cily Council Meeting PO #013561 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 01/31/2008 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. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, February S, 2008, 6:00 p.m. at 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 21 PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to appeal any decision made by the City,Council with respect to any matter considered at this meeting, such interested person will need a record ofthe proceedings, and for .. such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is .. to be based. City Clerk media are used for the sole purpose of back-up forthe Clerk's Office. In accordance with the Americans with Dis- abilities Act (ADA) and Florida Statute 286.26, per- sons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days'prior to the proceeding.at 863-763-3372 x 214 if you are hearing orvoice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish: 01/31/2008 Okeechobee Times --- -------- JanaesA. Hughes, Jr., (Publis er) Sworn to and subscribed before me this day of A. D. 2008 `';� �, r ��. ✓' ` o �' p aoseaiee A. Brennan (SEAL) Notary Public �`c= Comlission#DD3t8483 =_ '-',',:"Expires: Ju1125, 2008 Bonded Thru A(lantic Bonding Co., Inc. CITY OF OKEECHOBEE FEBRUARY 5, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 I. CALL TO ORDER - Mayor: February 5, 2008, City Council Regular Meeting, 6:00 p.m. • 11. OPENING CEREMONIES: Invoc ation given by Pastor Larry Kilgore, Church of God; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, 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. A. Present Sammy Hancock a Five -Year Service Award. B. Present Carol Johns a Certificate of Appreciation for serving on the Board of Adjustments/Planning Board. C. Proclaim the week of February 17 - 23, 2008 as "National Engineers Week." FEBRUARY 5, 2008 PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 15, 2008 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 AND FIRST READING OF ORDINANCE - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 1006 regarding Rezoning Application No. 07-015-R, submitted by Brad Goodbread, to change the • zoning designation from RSF-1 to CHV for Lots 8 & 9 of Block 25, First Addition to South Okeechobee - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1006 by title only. 2.a) Motion to adopt Ordinance No.1006. b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No. 1008, amending the Land Development Regulations pertaining to assisted living facilities and hospitals - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1008 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1008. b) Public discussion and comments. c) Vote on motion. FEBRUARY 5, 2008 PAGE 3 of 4 CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A.1.a) Motion to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No.1009, pertaining to emergency restriction water usage - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1009 by title only. • 2.a) Motion to approve the first reading of proposed Ordinance No.1009. b) Discussion. c) Vote on motion. B.1.a) Motion to read by title only and set February 19, 2008 as a final public hearing date for proposed Ordinance No.1010, amending the Land Development Regulations pertaining to lighting standards for streets, parking and other areas; modifying parking access driveway width requirements for uses other than SF; and adding requirements for landscaping in parking and vehicular use areas and landscape buffer areas - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1010 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1010. b) Discussion. c) Vote on motion. C. Motion to approve a Temporary Street Closing Application, submitted by Okeechobee Main Street for the Top of the Lake Art Festival, February 22 - 24, 2008, SW 41h Avenue between North and South Park Streets - City Clerk (Exhibit 5). D. Consider Alley Closing Application No. 87, submitted by LEMAC, LLC (Affordable Auto), closing the North to South Alleyway between Lots 1- 3 and 7 - 9 of Block 7, City of Okeechobee - City Clerk (Exhibit 6). FEBRUARY 5, 2008 PAGE 4 OF 4 0 is VIII. NEW BUSINESS CONTINUED. E. Consider a request submitted by Mark Goodbread for a Developer's Agreement between the City and LaFish, LLC, Developer of Oaks Plaza, pertaining to a turn lane at the intersection of SW 21 It Street and Hwy 441 - Mark Goodbread (Exhibit 7), F. Motion to approve a Fire Fighters Pension Trust Fund Agreement concerning deduction from Retirement Benefits for Qualified Health Insurance Premiums - Assistant Chief Douglas (Exhibit 8). IX. ADJOURN MEETING. 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 proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based, City Clerk media are for the sole purpose of backup for official records of the Clerk. ONGEVV SERVIGE GBRTslGit Scl IRV flllR(;Oc3k In Appreciation for Your 5 Years of j- Iard \Y/or� and Dedication wItk tke City of O�eecko6ee October 29, 2002 tkrougk October 29, 2007 Service is tine lifeblood of any organization. �;ver#kng flows from it and is nourished 6 it. Tire City and Your F—ellova Citizens have f3enef fitted Greatly 64 Your performance. presented this 54 day of F—e6ruary, 2008 James F. IClrlc, Mapor bine Gamlotea, MG, cap Glerk Vake o4 tfw .AfaV" (9f#eedlobee, ,rl- otida &Umh tftio Expw6ion of appwxiaation to Jrt Zecogniiian of fict Otdatanding Scudce to the eonu a nit* .1 fw eitV and y4m .! ettow eitizerm limos Jaen dted Ocea4 Bch cyom'UA epft Dedicatim i t the Jerfowmce of cyv.un Dutiw aces a .Atembet of ffw a! J3ow ., Xowd of bnvd & CLp p eats • • MAWOCII rl IIIc • Septembet 2U, 2Uv5 to geBuum* 5, 2UOS ejiuen on J`3. eRrag of tie ei#§p couned thin 5' dcuz of 3eh uvW, 2UU8 fund and ccumed dia aed to Ede [YH'"xxd eit v e&4 ® t _:- office of :t6e Mayor Q eec ogee F[o-riba WHEREAS, engineers have used theirscientific and technicalknowledge and skills in creatr v� `° and innovative ways to fulfill society's needs, and f {' WHEREAS, engineers face the mq jor technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that.. � will speed our country into this new century* and •if M. WHEREAS, engineers are encouraging our young math and science students to realize the 1 practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet #; the challenges of the future, - NOW THEREFORE, I, Tames E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 17 through 23, 2008, as 'NATIONAL ENGINEERS WEEK" in the City of Okeechobee. — �� I`: ;IGI+kiWw x r'3 �;'u ��; aaR�i3``�'v�.•w In witness whereof I have hereunto set my hand and caused this seal to be affixed Tames E. Kirk, Mayon' Lone 6amiotea, CrtyC/ere; Date: February 5' 20 t treasure coast F florida TREASURE COAST CHAPTER Eg engineering FLORIDA ENGINEERING SOCIETY society affiliated with NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS P.O. BOX 8764 • PORT ST LUCIE FLORIDA 34985 January 18, 2008 City Council City of Okeechobee 55 S.E. 3Td Avenue Okeechobee, Florida 34974 RE: Florida Engineering Society National Engineer's Week Proclamation Dear City Council: National Society of Professional Engineers' Please accept this letter as a request to issue a "National Engineer's Week Proclamation" declaring National Engineer's Week in the City of Okeechobee for the week of February 17 - 23, 2008. National Engineers Week was founded in 1951 by the National Society of Professional Engineers as an annual event to raise public awareness of engineers and their accomplishments. Thousands of engineers throughout the United States will sponsor a variety of public activities from technology exhibits to student competitions during this week. A copy of a proclamation is enclosed for your use. Please feel free to call me at 772-286-3883 if you have any questions or need additional information. I would appreciate it if you would notify me when the proclamation is scheduled for an agenda item so a representative from the Treasure Coast Chapter of the Florida Engineering Society can be present to receive it. Thank you in advance for your support of our society, and we look forward to hearing from you. Sincerely, i� Jonathan W. Murray, E.I. Florida Engineering Society Treasure Coast Vice President Enclosure Proclamation: Whereas, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; And whereas, engineers face the major technological challenges of our time — from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century; and Whereas, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and Whereas, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; Now therefore, I (official title) do proclaim February 17 - 23, 2008, National Engineers Week in (State / County / City). EXHIBIT NO. DEC 4 - fs' READ ,EXHIBIT NO. FEB 5 - FINAL ORDINANCE NO. 1006 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Bradley G. Goodbread, on behalf of the owner(s), GAGBEE, Inc., of the property more particularly described hereafter, has heretofore filed Petition No. 07- 015-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on November 15, 2007, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 8 AND 9 OF BLOCK 46, FIRST ADDITION TO SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One (RSF-1) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 4th day of December, 2007. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 5th day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 City of Okeeehob General Services Department 55 S.E. Yd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Date: Petition No. ..-� Fee Paid: Jurisdiction: Ist Nearing: ' 2nd Hearing: a 01 r Publication Dates: Notices Mailed: Uniform Land Use Application Rezone Special Exception Name of property owner(s): A Owner mailing address: M'6j Ye r7o - P P. Name of applicant(s) if other than owner (state relationshi L p)' I Applicant mailing address: C A Name of contact person (state relationship): l N T Contact person daytime hone(s): • Variance -I— Fax: 4167-2—c/E1 Property address / directions to property: indicate current use of property: i Nr Sim im i Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): WClr)p 64ME - - --� Approximate number of acres Ao3 AZ153 Is property in a platted subdivision? APO F' Is there a current or recent use of the property that is/was a violation of counry ordinance° If so. describe: It O P Have there been any land use applications concerning all or part of this property in the last year? if so, indicate date, nature and applicant's name: E R Is a sale subject to this application being granted? T Y ;Ishe subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: L,�L South: com East: West: —PIP ff Existing zoning: Future Land Use classification: Actions Requested: Rezone Special Exception Variance Parcel Identification Number: ' 3 35., 00 5D — 00 J Confirmation of Information Accuracy 1 hereby certify hat the in ion in this application is correct. The information included in this application is for use by the City of eechobee � ces o my request_ False or misleading information may be punishable by a fine of up to S5 00 a t n fup 1:5f 0 days and may result in the summary denial of this application. Siona ure — 7 .24`0 Printed Name Date Uniform Land Use Application oev 1l03) Page 1 of 2 rWhat ing classification: 5 �. Requested zoning classification Rur desired permitted use under the proposed classification: 0 Nwill the new zone be contiguous with a like zone? Ei Is a Special Exception necessary for your intended use? ArO Variance? NO Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? IF so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T l I . If business. briefly describe naIure including number of employees_ hours_ noise generation and activities to be N conducted outside of a building ance sought: V A Rical characteristic of property that makes variance necessary: Fyou I A N Ce or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (rev tl03) Page 11 of 2 • Ibis instrument was prepared by: Return to: James M. Gann, P. A. P. O. Box 1596 Bell&-M: Fl. 33430 t�tinNo. 200960 008 This Inde ' re, made this FILE HUM 2007014944 OR BK 00636 PG 1729 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE CDUHTYr FL RECORDED 08/07/2007 01:00:08 PM RECORDING FEES 10.00 DEED DOC IP750.00 RECORDED BY R Parrish P9 1729; (1p9) WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) '7Nd day of At. (* tx5r EDW f . SIZEMORE, SR., a single person who post office 203 S. W. 21st Avenue, Okeechobee, Florida, 34974 of the County of Obeechobtp . , State of Florida, grantor*, and GAGBEE, IN � Flor whose post office address is 12v of the County of Okeechobee Witnesseth that said grantor, for Ten and no/I00 -- - and other good and valuable considerations to bargained and sold to the said grantee, and gn Okeechobee County, Florida, to -wit corporation 70 East, Okeechobee, Florida, 34972 of Florida, of the sum of (310.00) 2o07, Between grantee'', in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, dad assigns forever, the following described land, situate, lying and being in Lots 8 and 9, Block 46, FIRST ADDITION ((��,,OSOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in an(' �$p 4eechobee County, Florida, recorded in Plat Book 1, page 17. Subject to restrictions, reservations and easements of recora�rr es subsequent to December 31, 2006_ and said grantor does hereby fully warrant the title to said Ian�ani defend the same against lawful claims of all persons whomsoever. "Grantor" and "grantee" are used for singular or plural, as context requires. III 'tress Whereof, grantor has hereunto set grantor's hand and seal the day and year first aWve written. Fitness n�ez) ��'~ L� �% ' 2RTV� Printed name: _EDWARD J. SIZE ORF SR (Selrond Wig�ss) Grantor. Printed name f1DA �. t 4�d�D NA Yt--, Printed name: STATE OF FLORmA COUNTY OF PALM BEACH The foregoing instrument was acknowledged befo me this cA day of au61-ksT . 2007, by EDWARD J. SI MWORE, SR He is personally mown me or produced in as Identification No Public My commission expires: Linda M. Woodham a t COMMISSIon t DD W"l Expiros Febnaxy 10, 20DO • .. tr.�dwnsralr-srmann,tna rooarrwr Book636/Page1729 CFN#2007010944 Page 1 of 1 Okeechobee County Property. praiser Last Updated: 10/8/2007 Parcel ID: 3-28-37-35-0050-00460-0080 n.....o.- 9, Drrins*rl-v tnfn 2007 Proposed Values Retrieve Tax Record, Property Card. Ineraatlye GIS Map, • I Prima lalew Super Homes>;ea+�,Taxa4(g V�uerGa�culatcx,, Owner's Name GAGBEE INC Site Address 2103 SW 2ND AVE, Okeechobee Mailing Address 12575 HIGHWAY 70 EAST OKEECHOBEE, FL 349720000 Brief Legal 1ST ADDITION TO SOUTH OKEECHOBEE LOTS 8 & 9 BLOCK 46 Total Land Area 0.325 ACRES Neighborhood 518652.00 Tax District ISO UD Codes Market Area 140 DOR Use Code ISINGLE FAM (000100) The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planing & Development office at 863-763-5548 for specific zoning information. 9, Values Mkt Land Value cnt: (1) $54,810.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (1) $32,795.00 XFOB Value cnt: (1) $217.00 Total Appraised Value $87,822.00 GIS Aerial Search Result: 1 of 1 2007 Proposed Values Just Value $87,822.00 Class Value $0.00 Assessed Value $87,822.00 Exempt Value $0.00 Total Taxable Value $87,822.00 Date Book/Page Inst. Type Sale Vlmp Sate Qual Sale RCode Sale Price 8/2/2007 636/1729 WD I U 03 $250,000.00 1Sale 12/1/1993 351/403 WD I U 03 $32,500.00 6/1/1988 295/1857 WD I Q $39,000.00 04d fi66ittF�q 4IVGa[ c.+ra.....a Bldg Sketch a......d.. Bldg Item Bldg Desc Year Bit Heated S.F. Actual S.F. Bldg Value show Sketch 1 SINGLE FAM (000100) 1940 904 1054 $32,795.00 Fe.rl r� rz�--x,nrrac Ra cC)iit Ruildinas - Code Desc Year Blt I Value j Units Dims Condition (% Good) APA N4 AL PIER AL 1991 $217.00 28.000 7 x 4 x 0 PD (50.00) Land Breakdown Lnd Code Desc Units Adjustments Eff Rate Lnd Value 067SP8 1.00 $548.10 $54,810.00 50 SIDE ST {MKT) 100.000 FF - (.325AC) 1.00/1.00/1.00/ Last Updated: 10/8/2007 Okeechobee County Property Appraiser Search Result: 1 of 1 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us http://www.okeechobeepa.comIGI S/D_SearchResults. asp 10/ 12/2007 B0 UNDARY SUR VEY PREPARED FOR GA GEEA" INC. LIE -SCRIP 770N.- _ L075 B AND 9 BLOCK 46, F7RST ADD177ON 70 sou 7H OKEECHOB£E. ACCORDING To THE PLAT 7HEREOF AS R£CORDEp IN PLAT BOOK 1, PAGE >y PUBLIC RECORDS OF-EECHO8EE COUNTY, FLORIDA. PRO✓ECT SPECIFIC NOTES/LECEENDr 1) UNLESS SHOWN OTH£RW7SE• ALL O/MENSIONS. ARE PLA TIP) AND MEASURED(M). 1) PARCEZ /D. J-28-J7-15-0050-00460-0080. J) F.I.R.M ZONE. ZONE UNDETERMINED, PARCEL LIES W7rHIN rHE OKEECHOBEE C17Y UMIFS 4) THIS SURVEY /S NOT IN7FNDED TO DEPICT ✓VRISOIC 770NAL AREAS OR 07HER AREAS OF LOCAL CONCERN 5J THE SURVEY OEP/C7ED. HERE /S NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADO/ 7)ONS OR DEZEADNS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PAR77ES I PROHIBITED W1IHOUT WRITTEN CONSENT OF THE S/CN/NG PARTY OR PAR 77ES 6J HE REPO'SCR/P77ON SHOWN HEREON WAS PRONOED BY THE CLIENT OR ME CLIENTRESENTA 17V£. 'S 7) BEARING REFERENCE. THE EAST RIGHT-OF-WAY OF S.W 1NO AVENUE /5 TAKEN TO BEAR NORTH 00;i517" WEST. 8) DA IF OF LAST FIELD SURVEY 0//05/O6. 9) WPP - MOOD POWER POLE PREPARED FOR 7HE EXCLUSIVE USE of - GA GBEE, /NC. LEGEND O-S.1 I— Rod and pep IMPS 6r19 e-fwnd d e-fvone "vn Rvd (o d CM) a -rwne pip. (ma D°P) AeaRiNARONs BOUNDARY SURVEY 10 15 07 FILf ,. -�~ pc..,..r FCtla••�•• u*..rr.» ar u«v.e me.u..�• v"v,w e.vn.. v..r. tir= ,.e_= OESCRPRpR WC _KA6 w^'f"�"']',°Cw.!f0� Rtlff»s w�l. u 4R-t �1 �Ms owu aArr re er cR w.M.,,"• °-..w RL.-w� 1«...+..+.. srA£Da]"NoAT]MRER: 8 Lor .e k t M ACRES a � Lor a g soar a z S efSG ]a' P .•2 ae"/,]I r.alorP) .. a awia a wine � x� 8� VANDARD NOt s "° '�°""• o°"' ^ ° > e•1. r°'� _'P•"o . ..wew. mr..t.R u. man er �. w.nn.. I TRADEiPINDS PROFESSIONAL SERVICES, INC. v—d w°. : r e.niniwd n., 11.011a ..euwwr u°.. v:tw n.W SURVEYORS AND MAPPERS ou.. q ..I.dnnoty by .w#,a �. Nol is Munwi �n. ,iy.°t.., end nnb°..N .a r nvna na.n..e .Pnyr .,w nwppr /•etu 200 9.N. 9rd Xveaue ° e H aiymvi°.A•�m�,e. d.rR,ai,d�� rot °� "' ` Okeechobee, FL- 34974 ,a'9.w,d °wi un tnPmwn.,t. o, r,P°cdr°.nt. 01 and w W cr u,w .ay. c, and/ Tel: (SOS) • 763-2567 e;,nr by OW, yr Surnyw, ma uvvc., (piopl., B01Df7-5, -6, F.A.0pur ) wml 1. S.clbn /]2.2.D37. Flondd stvwl... Hennath A. Btmu>c, fY. (P91E 4820) �,� w �°�•,y"� � u m. • Myers, Florida 33901-2845 • ne: 239-334-3366 Fax: 239-334-6384 Applicant. Owner. - From: To: Petition No. Bradley Goodbread Gagbee, Inc. RSF- 1 CHV 07-015--R Staff Report Applicant: Bradl, 400dbread for Gagbee Rezoning Request Petition No. 07-015-R General Information S r gle 5 1 m M[,13 fU e f?� Y itds.p,..gsS,yr. ,�venue� Location: 2103 SW 2"d Avenue Legal Description: Lots 8 and 9, Block 46, FIRST ADDITION TO SOUTH OKEECHOBEE, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Okeechobee County, Florida, recorded in Plat Book 1, Page 17. Request: The Applicant is requesting rezoning the subject property from RSF-1 to CHV to allow for retail commercial development of the property. Staff Report Rezoning Request* Apt: Bradley Goodbread for Gagbee Petition No. 07-016-R The subject property is developed with a wood -frame house. The Applicant is requesting rezoning the property from RSF-1 to CHV in order to develop it commercially. The parcel is already designated as Commercial on the Future Land Use Map and this request will make the zoning consistent with the future land use designation. Analysis The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is not contrary to the Comprehensive Plan requirements. This request would further the Goals, Objectives, and Policies of the Future Land Use Element and bring the zoning of the property into consistency with its land use designation. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the proposed commercial retail uses is allowed by the Unified Land Development Code. Specifically, section 90-282(2) allows retail services and retail stores as a permitted use in the CHV Zoning District. 2 Staff Report Applicant, Brad` aoodbread for Gagbee Rezoning Request Petition No. 07-015-R 3. The proposed use will not have an adverse effect on the public interest. No, the proposed retail commercial use or CHV Zoning will not have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed commercial use and CHV Zoning is appropriate for this location. The requested use will be compatible with adjacent land uses and will not .be contrary or detrimental to urbanizing.land use patterns. 5. - The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed commercial use and zoning district will not affect property values or living conditions. By allowing this request, its development will be an encouragement for the development or improvement of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood If necessary, the Technical Review Committee may require that the property be buffered from nearby residential uses. However, this will be determined during the site plan review phase of this property's development. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. No, density and school concerns will not be an issue. Utility services are already provided to the existing use. Some increase in traffic can be expected, but this would be expected under the Commercial future land use designation. To the extent that traffic becomes and issue, it will be discussed during the site plan review phase of development. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. As discussed in #7 above, traffic congestion, flooding, and drainage considerations, and any other problems that may arise from the development of this property, will be discussed during the site plan review phase. Staff Report Appt: Bradley Goodbread for Gagbee Rezoning Reques Petition No. 07-015-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No; the only restrictions being placed on the property are those which are setJorth in the City's Unified Land Development Code and the City's Comprehensive Plan. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The rezoning of the property does not constitute a grant of special privilege to the owner. All similarly situated lands with a Commercial future land use designation could be expected to be treated similarly. Recommendation Staff recommends approval of the request to allow rezoning from RSF-1 to CHV permitting the Applicant to develop commercial uses on the subject property. Submitted by. James G. LaRue, AICP Planning Consultant November 7, 2007 15' Hearing 11-15-07 LPA. M Staff Report Rezoning Request Applicant: Brad loodbread for Gagbee Petition No. 07-015-R City of Okeechobee Zoning Map ZONING UNICORPORATED CBD CHV CLT CPO �lLl� H IND - PUB RHF RNIH ;' RSF1 Ap*t: Bradley Goodbread for Gagbee Petition No. 07-016-R Staff Report Rezoning Requesl* City of Okeechobee Zoning Map ZONING �I::A1 �y,i 3 new • c..ays1 nra•bo. nn ;Src2]teftn xLTt�_ nc�.=e:e rtobryar s;a: p- seaM1c yr ..ixns i3 rop Yn I.rr c�p:N hvm P .moat Cv<+t�i�U sa One. h=xid �YerS1. brat• smiUe Iv y+. .. w atsssona � nvti m NOVEMBER 15, 2007.PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 6 Board Member Burroughs moved to approve and find consistent with the Comprehensive Plan Application No. 07-014-SSA and recommend to City Council to change the Future Land Use from Commercial (C) and Single Family (SF) to Industrial (IND); seconded by Board Member Maxwell. VOTE LEDFERD — YEA HOOVER — NAY KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. C. Consider Rezoning Petition No. 07-015-R, submitted by Brad Goodbread on behalf of property owners Gagbee, Inc. to change the zoning designation from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV) for property located at 2103 Southwest 2nd Avenue, Lots 8 and 9, Block 46; First Addition to South Okeechobee - Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation to approve Rezoning Petition No. 07- 015-R. He reported these two lots are the remainder of the block that was previously all zoned Heavy Commercial. Chair Ledferd asked whether the Board or any citizen had any comments. There were none. Board Member Burroughs moved to approve Rezoning Petition No. 07-015-R and recommend to City Council to change the Zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — YEA O'CONNOR — ABSENT BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:37 P.M. VI. NEW BUSINESS. A. Consider and discuss requests for amendments to the City's Land Development Regulations - Chairperson. 1. Consider and discuss recommending to City Council to amend ARTICLE III, DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. Sec. 90-253, 90-223 and 90-282 - City Attorney The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a �� �Yl,ti L z in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of - Afftant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I" _ Sworn Sworn tgape subscribedbefore me this day of ry Public, State of Florida at Large Public Notice 11 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE #0 the City Council of the City of Okeechobee, Rodda wN on Tuesday February 5, 2008 at 6:00 p.m. or as soon thereafter possible, at City Hal, 55 SE 13rd Ave., Okeechobee, R. conduct a PUBLIC HEARING on and thereafter to consider final reading of file folowing Ordinance Into law: N0.1006: AN ORDI- ING MAP OE OF F OKEEC 0 EEOF 0 EBY REZONING IIN A CERTAINOTRACTT OTHE FFFICIAL ZON' LAND 0 E PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE ITMIEN Fi) ZONING DISTRICT TO HEAVY COMMERCIAL (CHY) ZONING DISTRICTDING THE ZONING MAP arronaniuciv nanurmue c I nn�cr..e The Ordinance is regarding rezoning Petition No. 07-015-R, submitted by Goodbread, on behalf of property owner(s) GAGBEE, Inc.eThe petifi hlocated ou�west N the Avenue�gtn�galndfrom e%dr mSn 1to Lots 8Hand 9 for M I31ec�k 46, Rrst look 1. Page 17, Public Records of Okeechobee 0.325 acres. are encouraged to attend and p0yrticipate In said of th n the Office of the City Clerk durinbe g �ulared ibusinen its sshours, Mon-Frimembers8am-4: m 1Iceptforholidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal aM lecision made by the City Council with respect to any matter considered at Udr eadng, such interested Parson will need a record of the proceedings, and for sect expose may rived to ensure a verbatim record of the proceedings is made, which cord includes the testimony and evidence upon which the appeal is to be based. ity Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 86.26, persons with disabilities needing special accommodation to participate in us proceeding should contact Lane Gamiotea no later than two (2) working days rior to the proceeding at 863-763-3372 x215; d hearing or voice impaired, call 0O 1-800-222-3448 (voice or 1-888-447-5620 (TTY) Lane Gamiotea, CMC, CD�CLERK odda aril is a%o)a All members of tine �� =SPRY Janette Thiboult A.D. 20 Commission # DD505311 N' Expires January 10, 2010 Or Fl 8onoed Troy Fain Insurance Inc 800-385.7019 EXHIBIT NO. FEB 5 - r READ EXHIBIT NO. FEB 19 - FINAL ORDINANCE NO. 1008 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISION 6 SECTION 90-223; DIVISION 7, SECTION 90-253; DIVISION 8 SECTIONS 90-282 AND 90-283; THEREOF, TO INCLUDE ADDITIONAL SPECIAL EXCEPTION USES TO THOSE LAND USE CATEGORIES, MAKING AS A SPECIAL EXCEPTION USE ASSISTED LIVING FACILITIES AND HOSPITAL IN SUCH DIVISIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations within the City; and WHEREAS, Ordinance Number 716, Land Development Regulations, and as amended, to not currently provide for certain land uses within the City of Okeechobee that currently do exist, and which should be addressed within the regulations; and WHEREAS, the land uses of assisted living and hospital are customary and permitted uses within municipalities and are further provided for in Florida Statutes as permitted uses in certain land use categories; and WHEREAS, the issue has been addressed by the Land Planning Agency for the City of Okeechobee, which considered the types of proposed land uses; which land use category such uses would be most compatible, and whether such uses should be classified as permitted uses or special exception uses; and WHEREAS, the Land Planning Agency has recommended to, he City Council for the City of Okeechobee that assisted living facilities espi ould be appropriate for siting within Commercial Professional Office (CPO), Commercial Light (CLT), and Commercial Heavy (CHV), Zoning Districts, but only as special exception issues; and hospitals as a {ae" #sd use in Commercial Heavy (CHV) Zoning District; and 5pwoa Q.t6U-Fhex. WHEREAS, the City Council for the City of Okeechobee accepts the recommendations of the Land Planning Agency and believes that placement of such land uses within the recommended zoning district benefits the citizens of the City of Okeechobee, and also accommodates any developers who desire to seek a development permit for such uses within the City of Okeechobee; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That Ordinance No. 716, Division 6, Section 90-223. Special Exception Uses, is hereby amended as follows: The following uses and structures are permitted in the CPO district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: Language underlined is to be added. Page 1 of 2 Ik Cow TLWS (1)-(9) No change. ;wG +6.& 04 Luo Adult family care homes assisted living facility as defined in Florida Statutes 429. Section 2. That Ordinance 716, Division 7, Section 90-253. Special Exception Uses, is hereby amended as follows: The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional & CAP,� reo4, conditions imposed at the time of approval: VP' G48 4a�L (1)-(16) No change. UUA- LL71 Adult family care homes assisted living facilities as defined in Florida Statutes 429. 3 5pkAtaaQ E4*tvhw Section 3. That Ordinance 716, Division 8, Section 90-28?.-Reete4 Uses, is hereby amended as follows The following principal uses and structures are permitted in the CHV district: No change. prod Hospitals, which means in patient hospital care. — Adult family care homes, assisted living facilities as defined in Florida Statutes 429. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5 th day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Page 2 of 2 James E. Kirk, Mayor NOVEMBER 15, 2007 Planning Board/Board of Adjustment and Appeals - Page 6 of 7 0 V. PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 07-015-R continued. Mr. Brisson presented the LaRue Planning Staff recommendation to approve Rezoning Petition No. 07-015-R. He reported III these two lots are the remainder of the block that was previously all zoned Heavy Commercial. Chair Ledferd asked whether the Board or any citizen had any comments. There were none. Board Member Burroughs moved to approve Rezoning Petition No. 07-015-R and recommend to City Council to change the Zoning from Residential Single Family -One (RSF-1) to Heavy Commercial (CHV); seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-YEA MAXWELL-YEA O'CONNOR - ABSENT MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on January 15, III Application will be forwarded in ordinance form for a final Public Hearing on January 15, 2007 before City Council. 2007 before City Council. CLOSE PUBLIC HEARING VI. NEW BUSINESS. CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 7:37 P.M. A. Consider and discuss requests for amendments to the City's Land Consider and discuss requests for amendments to the City's Land Development Regulations. Development Regulations - Chairperson. 1. Consider and discuss recommending to City Council to amend The City has had requests for assisted living facilities. Currently there is no provision for this use other than Residential Multi - ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS DIVISION 1. 1 Family with a special exception. It was determined the City should offer assisted living facility in the Light Commercial (CLT) Sec. 90-253, 90-223 and 90-282 - City Attorney and Commercial Professional Office (CPO) by special exception and be a permitted use in Heavy Commercial (CHV) Zoning Districts. Also private and public hospital as a permitted use in Heavy Commercial (CHV) Zoning District. Sec. 90-253 Special Exception Uses for CLT, add: (5) Adult family care homes or assisted living facilities as provided by law. Sec. 90-223 Special Exception Uses for CPO, add: (10) Adult family care homes or assisted living facilities as provided by law. And Sec. 90-282 Permitted Uses for Heavy Commercial, add: (13) Adult family care homes or assisted living facilities as provided by law. (14) Public or Private Hospital. NOVEMBER 15.2007 Board/Board of Adiustment and 7of7 VI. NEW BUSINESS CONTINUED. A. Consider and discuss requests for amendments to the City's Land Development Regulations, continued. VII. ADJOURNMENT - Chairperson PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary Chair Ledferd asked whether the Board had any questions or concerns. There were none. Board Member Maxwell moved to recommend to City Council to amend LDR's Sec. 90-253 CLT special exception uses, add (5) Adult family care homes or assisted living facilities as provided by law, Sec. 90-223 CPO special exception uses, add (10) Adult family care homes or assisted living facilities as provided by law, and Sec. 90-282 CHV permitted uses, add (13) Adult family care homes or assisted living facilities as provided by law, and (14) Public or Private Hospital ; seconded by Alternate Juarez, VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA MCCOY-YEA BURROUGHS-YEA JOHNS -ABSENT JUAREZ-YEA MAXWELL-YEA O'CONNOR - ABSENT MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:47 p.m. • ehohee ble, The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of AA4 jO r. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of U Affrant 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 advert is ment for publication in the said newspaper. Swom to an ubscri fore me this 5 2�,;RY P"s, Janetta Thiboult day of A.D. 20 . Commission # DD505311 oa Expires January 10, 2010 x P� BonGea Troy Fa insurance. Inc WO.385.7019 tary Public, State of Florida at Large .g'y �t �1 �� p�� �accordainceth�wdte r1 Dsab�Ity Act /AI) r r r$ >Stafi es r . 86�� r e fs i s � ,,c isak�illties; ,need�ngi, aocpodaton tcxarrtiexpaelatls�roeedingsoiulcic% }zGazrtiotea'no, `akerTtharw�%gA nays Eo t �< 1/ s ` r J' R s Cribrt �' So- r Fxr z , sj rq t A� � ss�7r 4 � ? ;1 v at 863 763 3372it �c21�, �# e okP r d e 222 3448 (voice) oral r' �' ' "�$�Y`j $' �"� t,�i; i:.iaat �i:<.ai1e:=Ga3TlY®t _ i� . finance: OKEE- LAND KDING 3 DIVI- CLUDE 1D USE kSSIST= SIGNS; JDING held on I ossible, qd par- !cted in The City of Okeechobee proposes to adopt the following ordinance: ORDINANCE NO.1008 AN ORDINANCE OF THE CITY OF OKEE- CHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND., DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISION 6 SECTION 90-223 DIVISION 7; sECTION 90-253; , DIVI- SION 8 SECTIONS 90-282 AND .90-283; THEREOF, TO INCLUDE ADDITIONAL' SPECIAL EXCEPTION USES TO THOSE LAND USE CATEGORIES, MAKING AS A SPECIAL EXCEPTION USE; ASSIST- ED LIVING FACILITIES AND HOSPITAL. IN SUCH -DIVISIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The First Public Hearing on the proposed ordinance will be held on Tuesday, February 5, 2008 at 6:0.0 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL. All members of the public are encouraged to attend and par- ticipate in said hearing. The proposed ordinance may be inspected in its entirety by members of the public in the Office of the City Clerk during regular business hours, Mon -Fri, 8am-4:30pm, except for hol- idays. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for offi- cial records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (TTY). Lane Gamiotea, CMC, CITY CLERK EXHIBIT NO. _ FFB 5 -1" READ EXHIBIT NO. FEV 19 - FINAL ORDINANCE NO. 1009 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, ENVIRONMENT, WHICH WILL CREATE ARTICLE IV, SECTION 30-88, EMERGENCY RESTRICTION WATER USAGE; SECTION 30-89, ENFORCEMENT OF EMERGENCY RESTRICTION WATER USAGE; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon declaration by the South Florida Water Management District of a water shortage and the imposition of water use restrictions in order to promote and increase conservation of water, and protect and preserve water as a natural resource, and to ensure the continued public health and safety of the residents by preventing the destruction of the environment and drinking water resources, the City of Okeechobee recognizes the need to locally implement water restrictions and has created Article IV, Section 30-88, Emergency Restriction of Water Usage and Section 30-89, Enforcement of Emergency Restriction of Water Usage; and NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That Article IV, Section 30-88 and Section 30-89 of the Code of Ordinances is hereby created to read as follows: Section 30-88. Emergency Restriction of Water Usage. (a) Declaration. The City Administrator is hereby authorized after consultation with the Executive Director of the Okeechobee Utility Authority, to have appropriate enforcement personnel enforce the provisions or restrictions of any declaration of the South Florida Water Management District pertaining to a water shortage. (b) Restrictions. Whenever activated by the South Florida Water Management District in times of a water shortage, those provisions of Chapter 40E-21 of the Florida Administrative Code as they relate to water usage restrictions, as same may be amended from time to time, are incorporated herein by this reference and made a part of the Code of Ordinances. It shall be unlawful for any person to fail to comply with said restrictions. Section 30-89. Enforcement of Emergency Restriction of Water Usage. (a) As used in this section, a "Code Enforcement Officer" shall mean City Environmental Inspectors or Building and Zoning Inspectors. (b) Code Enforcement Officer. The provisions of this section shall be enforced by Code Enforcement Officers or by Police Officers. (c) Enforcement -civil infraction procedure. A Code Enforcement Officer is authorized to issue citations or notice of violation to a person when, based upon personal investigation, the officer has reasonable cause to believe that a person has committed a violation of Section 30-88. Page 1 of 3 (d) Form of Citation. A citation or notice of violation issued by a Code Enforcement Officer shall be in the form prescribed by the City and shall at a minimum contain the information required by Section 162.21(3)(c) of the Florida Statutes, as it may be amended from time to time. (e) Filing of Notice. After issuing a citation to an alleged violator, a Code Enforcement Officer shall deposit the original citation and one copy of the citation with the county court, or if a notice of violation, process the violation through Chapter 162 Code Enforcement Procedures of the Florida Statutes. (f) Uncontested Citation. The civil penalty for a violation of this Section shall be $25.00 to a maximum of $500.00, if the citation is uncontested. (g) Contest of citation. Any person desiring to contest a citation may do so with the county court or Code Enforcement Board, and if determined to have committed a civil infraction then they shall be subject to a civil penalty in an amount not to exceed $500.00. (h) Remedy. A violation of any provision of this Section may be enforced pursuant to the provisions of Chapter 162 of the Florida Statutes as a civil infraction or as a Code Enforcement Board proceeding with penalties as provided therein. (i) Refusal of Citation. Any person who wilfully refuses to sign and accept a citation issued by a Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083 of the Florida Statutes. (j) It is the intent of the City of Okeechobee to provide through Section 30-89 of this Code an additional or supplemental means of obtaining compliance with the South Florida Water Management District water usage restriction requirements. Nothing in Section 30-89 of this code shall prohibit the City from enforcing South Florida Water Management District water usage restrictions by any other means available to it. Section 2. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be effected thereby, but shall remain in full force and effect. Section 3. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5 th day of February, 2008. ATTEST: Lane Gamiotea, CIVIC, City Clerk James E. Kirk, Mayor Page 2 of 3 PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 3 of 3 DROUGHT MANAGEMENT IN 2007 s�=w Okeechobee Water Plant Intake For further information about this document, please contact: Ashie Akpoji, PhD, PE South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406 Telephone: (561)682-2571 Email: aakpoiiCsfwmd.Qov 011'64.&mod ca-) a`s/08 41 b, r &"a 3 Lake Okeechobee PWS Utilities Raw Water Intakes Et Upgrades i Figure 1. Lake Okeechobee Service Area Basins Showing the Five Surface Water Utilities of Concern Directly Connected to the Lake. W.ORK PERFORMED IN 2007 Okeechobee Utilities ,Authority _ Prior to 2001, Okeechobee's primary lake intake was located in the Government Cut Channel, fed by a 30-inch diameter supply pipe. The District built a backup intake in 2001, within 100 feet of the existing one. The new 36-inch water intake pipe was laid at an invert elevation of 3.5 feet NGVD from a lake intake structure to a new wet well to allow the city to draw down to lower elevations. To account for the increased demand, the District installed two submersible pumps in 2001 rated at 3,800 gpm each, set at elevation 2.0 feet NGVD to supply water from the wet well to the main treatment plant. It was anticipated that the treatment plant will be able to draw water from the lake at Government Cut down to elevation 3.5 to 3.8 feet NGVD, depending on sediment accumulation. The Rim Canal provides some emergency relief to Okeechobee Utilities. This emergency plan requires the mobilization of a temporary centrifugal pump at the edge of water to pump from the Rim Canal for limited supply. However, the Rim Canal option significantly exposes installation, equipment, diesel tanks and piping 2 1 Okeechobee PWS Utilities Raw Water Intakes Et Upgrades to severe weather, open water conditions and vandalism. Furthermore, this option is subject to permit restrictions or temporary authorization by Florida Department of Environmental Protection. During inspections in May 2007, the water supply equipment was functional, but the Okeechobee water plant operators reported increases in hardness and turbidity due to sediments clogging the water intake at the Government Cut Channel. Dredging of the Government Cut Channel With the assistance of the Okeechobee County Roads and Bridges, a crew of support personnel and several dump trucks were mobilized to the intake location. On May 15, 2007, the intake was completely cleaned out. During the cleanout, a portable pump was installed at the Rim Canal for temporary supply. Figure 2. Okeechobee Intake Cleanout at the Government Cut Channel. The source contribution for Okeechobee water based on Water Use Permit #47- 00004-W is Lake Okeechobee and the surficial aquifer system (SAS). The City's 5-year permit was issued on January 10, 2002 and it expired on January 10, 2007. Okeechobee's permit application is pending renewal. Annual Allocation: 1,033 MG (2.83 MGD) Maximum Daily Allocation: 3.85 MGD (SAS 2.2 MGD) The average daily pumpage in 2005 for Okeechobee was 2.03 MGD. The average daily pumpage in 2006 for Okeechobee was 2.17 MGD. The Okeechobee water plant has no interconnections and supply agreements with nearby cities. Lake Okeechobee PWS Utilities Raw Water Intakes Et Upgrades 1 3 January March May July September Figure 3. Monthly Raw Water Withdrawal Compared to Permitted Allocation for Okeechobee in 2007. Future Water Supply Flaps for Okeechobee utilities Okeechobee has two primary sources of water (Government Cut Channel and surficial groundwater wells). The option to get water from the Rim Canal may present limitations similar to the existing lake intake during droughts, in addition to permitting issues related additional surface water withdrawals. An alternative is for Okeechobee Utilities to increase the use of reclaimed water. Increased groundwater withdrawals from the surficial system could cause environmental problems and Lake Okeechobee is a source of limited availability. Withdrawals from Lake Okeechobee are a subject of ongoing rule and the USACOE's regulation revised schedules. Both could present limitations on additional future demands. A more viable alternative is to use the Floridan aquifer, which is more protected from seasonal water shortages and poses less adverse impacts on ecosystems and existing legal users. This source is also more consistent with the new Regional Water Availability Rule. 4 1 Okeechobee PWS Utilities Raw Water Intakes It Upgrades • FEB. 5 A�NGA - EXHIBIT N0. FEB. 19 AGFNGA - EXHIBIT NO. ORDINANCE NO. 1010 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, PARTICULARLY SECTION 78-71 BY ADDING LIGHTING STANDARDS FOR STREETS, PARKING AND OTHER COMMON AREAS; SECTION 90-511 BY MODIFYING THE PARKING ACCESS DRIVEWAY WIDTH REQUIREMENTS FOR USES OTHER THAN SINGLE-FAMILY RESIDENCES; SECTIONS 90-532, 90-533 AND 90-534 BY ADDING REQUIREMENTS FOR LANDSCAPING IN PARKING AND VEHICULAR USE AREAS AND LANDSCAPE BUFFER AREAS; AND, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations, and included requirements for lighting, landscaping, buffering, and parking and access driveway widths within the City; and WHEREAS, upon review of same, the City of Okeechobee, through staff analysis, has determined that current lighting, landscaping, buffering, and access driveway width regulations, do not adequately safeguard the City's interest and promote improved development patterns; and WHEREAS, the City Planning Board, as the Local Planning Agency reviewed the proposed amendments to the Land Development Regulations at their September 20, 2007 meeting with a recommendation of approval to the City Council; and WHEREAS, the City of Okeechobee has determined that modifying specific regulations pertaining to lighting landscaping, buffering and access driveway widths, are in the best interests of the City of Okeechobee, and an appropriate and necessary promulgation of its authority; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by a majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. Section 78-71 of Ordinance No. 716 is amended as follows: Sec. 78-71. Required for all developments. (a) The following utilities are required for all developments: (1) Water supply. The public water supply shall be required for residential lots of 7,500 square feet or less. (2) Fire hydrants. (3) Wastewater sewer service. (4) Electricity supply. (5) Lightimg for streets, parkimg and other eernmem are All off-street parkina areas, service roads walkways and other common use exterior areas open to the public shall have a minimum of one-half horizontal foot- candle power of artificial lighting Lighting when provided shall be directed away from public streets and residential areas and shall not be a hazard or distraction to motorists traveling a street (6) Telephone service. Section 2. Section 90-511, (d), (2) of Ordinance No. 716 is amended as follows: (2) For all other uses, the minimum driveway width shall be: Language UNDERLINED is to be added. Language STSrIGKIEN is to be deleted. Ordinance No.1010 - Page 1 of 3 • • a. Parking spaces between 75 degrees and 90 degrees angles to the driveway, 24 feet. b. Parking spaces angled from 60 degrees up to but not including 75 degrees to the driveway, 20 feet. b c. Parking spaces any other angle to the driveway, 20 16 feet. Section 3. Section 90-532 of Ordinance No. 716 is amended as follows: Sec. 90-532. Residential tree plante Required landscaping_ Followimg are the nurmber of trees required im the enurnerated residential dostroesy Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping material required under this section may be used to satisfy the requirements for landscaping in parking and vehicular use areas (Sec 90-533) and in landscape buffer areas (Sec. 90-534). Individual single-family No requirement and duplex structures Multiple -family one bedroom two trees per dwelling Multiple -family two to four bedrooms three trees per dwelling Mobile home park or subdivision two trees per dwelling Adult/assisted living facilities, nursing home one tree per two units or bedrooms At least one tree and three shrubs shall be planted for every 3.000 square feet of lot area, excluding areas of All other uses existing vegetation which are pneserved. Section 4. Section 90-533, Nonresidential tree and shrub planting, and Section 90-53, Nonresidential parking area, of Ordinance No. 716 are deleted in their entirety and replaced as follows: Sec. 90-533. Landscaping requirements for parking anti vehicular use areas. Except for those associated with an individual single-family or duplex structure, all vehicular use areas containing eight (8) or more parking spaces _or containing an area greater than 2.400 square feet shall provide perimeter and interior landscaping as follows: (1 j At least 18 square feet of landscaped area for each reguired parking space. Q At least one tree for each 72 square feet of required landscaped area. (M Shade trees shall be planted at no more than 20 feet on centers (41 A minimum two feet of landscaping shall be required between vehicular use areas and on -site buildings and structures except at points, of ingress and e ress. (5� The minimum dimension for any required landscaped area within a parking or vehicular use area shall be four feet except for that adjacent to on site buildings and structures. (Q A landscaped island minimum five feet by 15 feet and containing Gtt least one tree shall be re uired for eve ten parking spaces with a maximum of 12 uninterrupted parking spaces in a row. Language UNDERLINED is to be added. Language S, R IGI(E v is to be deleted. Ordinance No.1010 -Page 2 of 3 0 0 The remainder of a parking landscape area shall be landscaped with grass around cover, or other landscape material. Sec. 90-534. Required landscaped buffer areas. Except for those associated with an individual single-family or duplex structure landscape buffer areas shall be required within required setbacks and landscaped as follows: Minimum width of buffer along street frontage shall be ten feet and on other property lines, two feet. At least one tree and three shrubs for each 300 square feet of required landscaped buffer. Trees may be planted in clusters, but shall not exceed 50 feet on centers abutting the street. The remainder of a landscape buffer shall be landscaped with grass ground cover, or other landscape material. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Severability. If any provisions 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 7. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 5t'' day of February, 2008. ATTEST: Lane Gamiotea, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19t' day of February, 2008. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language UNDERLINED is to be added. Language STR16KEN is to be deleted. James E. Kirk, Mayor Ordinance No.1010 -Page 3 of 3 SEPTEMBER 20, 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 agenda. V. NEW BUSINESS - Chairperson. Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. A. Consider and discuss requests for amendments to the City's Land Development III Consider and discuss requests for amendments to the City's Land Development Regulations. Regulations - Chairperson. 1. Consider a request to amend Division 5 Signs - Planning Consultant. Consider a request to amend Division 5, Signs. • Mr. Cook addressed the PlanningBoard regarding Ordinance No. 994 Division 5 Signs. He stated this ordinance was 9 g g developed from a city who recently went through a federal lawsuit over billboards, which often happens , and added a few things to address the City of Okeechobee. When the Ordinance was presented to City Council last month, some of the councilmen said it was to complicated and it regulates to many areas, send it back to the zoning board. Mr. Cook is unsure what the City Council is looking for. After some discussion it was decided to request a workshop with the City Council for direction. 2. Consider a request to amend LDR's Sec. 78-71. Required for all III Deletions are denoted by strikeetrt and additions and/or changes are u, d6rl'ined and highlighted. developments - Planning Consultant. Consider a request to amend LDR's Sec. 78-71. Required for all developments. Sec. 78-71 (a) The following utilities are required for all developments: (5) Liqhtinq fof stfeets, pafklnq and othef eommen afea. To be changed to read V ?.�� �,�. _�l• F,. ,fir a fiaz���i.., � . _ as �._.�.z������ ���g��� � _ As per the August 22, 2007 memorandum from LaRue Planning.) Mr. Brisson explained there is a requirement for lighting in areas along the roadways and parking lots and such in another section of the code book, but there is no standard. This suggestion comes from other communities, typically in parking lots and areas of that nature. The use is one horizontal foot candle. Board Member Burroughs expressed concern of crime in unlit areas. Board Member McCoy said he did not feel the minimum of one horizontal foot candle would be light enough. SEPTEMBER 20, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 5 V. NEW BUSINESS CONTINUED. Board Member Maxwell made a motion that the Board recommend to City Council to amend LDR Sec. 78-71 to amend sub- 2. Consider a request to amend LDR's Sec. 78-71. Required for all section (aK5) as presented by the August 22, 2007 memorandum from the Planner; seconded by Board Member Burroughs. developments continued. VOTE LEDFERD-YEA HOOVER -YEA KELLER-YEA BURROUGHS-YEA JOHNS -YEA MAXWELL-YEA MCCOY - NAY MOTION CARRIED. Discussion and vote to follow request to amend LDR's item 3., 4., 5., and 6. Deletions are Discussion and vote to follow request to amend LDR's item 3., 4., 5., and 6. denoted by strikeout and additions and/or changes are underlined and highlighted. III 3. Consider a request to amend LDR's Sec. 90-532. Residential tree planting - Planning Consultant. 4. Consider a request to amend LDR's Sec. 90-533. Nonresidential tree and shrub planting - Planning Consultant No requiremerrf Two trees per dwelling Three trees per dwelling Consider a request to amend LDR's Sec. 90-532. Residential tfe planting . Change to ���[Ir�d �d �- � Eliminate the following sentence that reads: Add: Following are requirements for the planting of trees and shrubs associated with development undertaken throughout the city. Landscaping material required under this section maybe used to satisfy the requirements for landscaping in parking and vehicular use areas (Sec. 90-533) and in landscape buffer areas (Sec 90-534). Indivioua! single-fam_Y and do' Lqk, tructures Multiple -family one bedroom Multiple -family two to four bedrooms Mobile home park or subdivision Adult -assisted living facilities, nursing home Qt�e�M Consider a request to amend LDR's Sec. 90-533. LaRue Plannin SEPTEMBER 20, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 5 IV. NEW BUSINESS CONTINUED. Consider a request to amend LDR's Sec. 90-533. Nonresidential tree (1), (2), (3) stay the same with the addition of (4) hi bf nd a0lhjjs, + required;a and shrub planting continued. Erdr s aridt�� ir" es,,arid� '�_ (5) The minimum dimension for any required Ian area w0th a oafkwna afea hall be four feet except fir tfta�fra. .slf'urfl W,rucires< (6) y_ 5. Consider a request to amend LDR's Sec. 90-534. Nonresidential Consider a request to amend LDR's Sec. 90-534. Nonresidential parking area. parking area - Planning Consultant It is the recommendation of LaRue Planning to eliminate this section as written and change to read Sec. 90-534 I uri xce t for t s � ed �r1 i��ie fa ct o�� Ie t icf&6, Nonresidential landscape buffer areas shall be required within required setbacks and landscaped as follows: The remainder of what is currently headed Sec. 90-535 that is to become Sec. 90-534, (1), (2), (3), and (4) stays the same. 6. Consider a request to amend LDR's Division 3. OFF-STREET Consider a request to amend LDR's Division 3. OFF-STREET PARKING AND LOADING* Sec. 90-511. Design standards PARKING AND LOADING' Sec. 90-511. Design standards - Planning Consultant. During a recent Technical Review Committee (TRC) meeting it was noted that people drive large vehicles in Okeechobee and that a ten -foot wide space is preferable to a nine -foot wide space. Since Sec. 90-511 states that required off-street parking spaces shall be a minimum of nine feet wide, perhaps this should be changed to ten feet. Another possibility is to reduce the width of a one-way drive aisle for angled parking of 60 degrees or less from 20 feet to 16 feet. This could reduce the extent of impervious surface coverage while still providing for adequate maneuverability and circulation when one-way drives are used. The specific code changes would be as follows: Sec. 90-511(b) Parking space size. The minimum parking space shall be nine M feet wide by 20 feet long; handicapped shall be as defined by state handicap code accessibility. (c) stays the same. (d) Parking access driveway width (1) stays the same (2) For all other uses, the minimum driveway width shall be: a. no changes b. f w, dead ��f c. Parking spaces any other angle to the driveway, 2946, feet (1), (2), (3) stay the same (5) The minimum dimension for any required landscaped areawith a I -area shall be four feet except a11dit a rurres.'(6) A [�sl> a .tau SEPTEMBER 20, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 5 OF 5 IV. NEW BUSINESS CONTINUED. Items 3, 4, 5, and 6 LDR amendments continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the land Planning Agency with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. William Ledferd, Chairperson ATTEST: Betty J. Clement, Secretary Consider a request to amend LDR's Sec. 90-534. Nonresidential parking area. It is the recommendation of LaRue Planning to eliminate this section as written and change to read Sec. 90 534 a ure 1��kked buffer:areasr t`fthosa assid�fed,. Irid,t C`srr�amd or:i'' CtlNomfesidemti a I landscape buffer areas shall be required within required setbacks and landscaped as follows: The remainder of what is currently headed Sec. 90-535 that is to become Sec. 90-534 stays the same. Mr. Brisson stated that the LDR amendments are listed separately, but are related. It was decided that they would be grouped and voted on as one motion and one vote. Board Member Burroughs moved to recommend to City Council to amend the LDR's Sec. 90-532 and Sec. 90-533, with the exception of the first paragraph as outlined in the Planner's memorandum dated August 22, 2007 to have eight or more parking spaces or an area of 2,400 square feet, whichever is greater, Sec. 90-54 and Sec. 90-511 with the exception of item b, leaving it at nine feet versus ten feet; seconded by Vice Chair Hoover. VOTE LEDFERD-YEA HOOVER -ABSENT KELLER - YEA BURROUGHS-YEA JOHNS -ABSENT MAXWELL-YEA MCCOY - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:57 p.m. LXHIBIT 5 • FEB 5, 2008 City of Okeechobee 55 Southeast 3id Avenue # Okeechobee, Florida 34974 31E 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TFnnpnReRY STPFFT ANn SIDEWALK CLOSING Name of Applicant Aeec'nlee lain Street Today's Date 1/25/08 Address 111 NE 2nd Street Phone(s) 863-357- 6246 Name of Property Owner Address Phone(s) Street to be Closed RJ 4th AvenUg,_ttwn EW park St and NW park Street Ftbruary 22, Z008 through February 24 2008 Dates to be Closed Time(s) to be Closed Friday 2 8.00 a.m. Purpose of Closing a p cf the Lake Art Ftstival Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) Clean-up is required within 24 hours. zwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages. are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. BwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. ua,Dumpsters and port -a -lets are required when closing the street for more than 3 hours. Q � 12 �.r7 9 111 � 7 8 910 11 � F Alf;- llll U[i- 111111-11 a nmru NW 2ND ST (70') ©©Em0©0©8m r70101COmINMUMM COR �6i11 11�1� TIE E10 0m�mm NoRnA west 'Pik?-v. STREu-r F# L 5 T A 3 # 2 E ,I �691 ` 99�1! 99A�9� IbN9� lilt# 1111111 a ICA b 0N0MPAR F]WIN ff amumum PAU1141CI ME • MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerkm Subject: Alley Closing No. 87 Date: January 30, 2008 • DWIBIT 6 FEB 5, 2008 Attached is a completed alley closing application submitted by Kenneth Egan on behalf of property owners LEMAC, LLC, to close the North to South alleway between Lots 1 to 3 and Lots 7 to 9 of Block 7, City of Okeechobee. The purpose of the alley closing is to improve the appearance of the car lot (Affordable Auto) and add security. Utility companies, FP & L, Embarq, Comcast and OUA, do not require any type of easement. City Engineer Bermudez objects to the alley closing due to drainage problems in the City. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the February 19, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF O&CHOBEE STREET OR ALLEY CLOSING APPLICATION _ Please type or print: APPLICATION -NO. g'7 NAME OF APPLICANT MARLING ADDRESS ` 65. /W��0Z.D CITY -STATE -ZIP. PHONE CZ71/C/-�3fr�y7 -/35-7 PHOP appl iitional sheets if more than two property d' Itiori as required above. If property oyiner do in'then a leter'stating their consent MUST E PURPOSE OF CLOSING STREEVALLEY: Signature of Applicant Print Name 9g a street/alley in bdlvislon's there a :t Gil Culbreth 3551 Signature of Co -Applicant Print Name The foregoing instrument was acknowledged before me this �J�U 3DI c)W-7 by ] 41 e n L, qa n and (e) dat who is personally known to me or (applicant) (co -applicant) who produced ;f/ as identification and who did (did not) take oath. NOTARY PUBLIC-STAn OF FLORIDA Notary Public, Commission No.mQ103co Dianne M. Pachol (signature) i . Commission # DD610200 `•`•`. Expires: DEC. 14, 2010 �� p`r" pall (Name of typed, Notary ted printed or stamped) BONDED THBIJ ATU01 TIC BONDING CO., INC Notary f m P ) The Schweikhardt Law Firm, Chartered Benjamin T. Jepson Katherine Ann Schweikhardt William Schweikhardt Mr. Ken Egan Capital Pawn 1933 Davis Blvd. Naples, FL 34104 Re: Alleyway Easement Dear Mr. Egan: 900 Sixth Avenue, South Naples, FL 34102 (239) 262-2227 Facsimile (239) 262-8287 September 21, 2007 Enclosed is a Quit Claim Deed from Nahum H. Garcia to Lemac, LLC for any and all interest which Mr. Garcia may have in the vacated alleyway. Please have Mr. Garcia sign the Deed in the presence of two witnesses and a notary public. The notary may act as one of the witnesses if necessary. Each witness must sign their name where indicated and print their name below their signature. The notary must then notarize the entire document in the presence of everyone. After the Deed has been witnessed and notarized, please return it to our office and we will have it recorded in the Okeechobee County public records. I enclose a return envelope for your convenience. Please feel free to contact our office if you have any questions or concerns. Kindest regards. Very truly yours, C�� Katherine Ann Schweikhardt This Instrument Prepared By: Benjamin T. Jepson Attorney at Law The Schweikhardt Law Firm, Chartered 900 Sixth Avenue South, Suite 203 Naples, FL 34102 *WITHOUT TITLE EXAMINATION OR OPINION* Property I.D. Number is: 3-21-37-35-004-00070-0010 and 3-21-37-35-004-0007-0070 Second Parry's Tax I.D. Number is: • Pc9c J ABOVE SPACE RESERVED FOR RECORDERS USE QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of September, A.D., 2007, by NAHUM H. GARCIA, a single man, whose post office address is: 115 S.W. 101h Street, Okeechobee, Florida 34974, first parry, to LEMAC, L.L.C., a Florida limited liability company, whose post office address is: 4527 Arnold Avenue, Naples, Florida 34104-3339, second parry: (Wherever used herein the terms "first party" and "second parry" shall include singular and plural, heirs, legal representative and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, that the said first party, for and in consideration of the sum of TEN DOLLARS ($10.00) in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second parry forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, State of Florida, to - wit: That certain parcel of land, commonly referred to as an "ALLEYWAY", located between the westerly border of Lots 1, 2, and 3, Block 7, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 7, of the Public Records of Okeechobee County, Florida and the easterly border of Lots 7, 8 and 9, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 17, of the Public Records of Okeechobee County, Florida. TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right title, interest, lien, equity and claim whatsoever of the said first parry, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: V1 PqESS NAME: iTNWESS NAME: I STATE OF FLORIDA Nahum H. Garcia COUNTY OF QK0-e0n-0btP— t-bvembw The foregoing instrument was acknowledged before me this - 01-day of SeptefPiU@ 2007, by Nahum H. Garcia, who has produced a valid drivers license as identification, and who did not take an oath. le 0. 103 4F-;1ar;-jL j tgan tviy Comr:i;,;io,;'i DD450047 0410712009 SEA N04Y PUBLI (SEAL) My commission Expires: ct- —1* CM INaIVIV. 10 INawta. Rana- In: tnrta.r .01' dJre+.Cj.U,npe imti-Pr) Afic J Aeem., tnl.,eN.III..nIn.P•2enr: �RfoA/ tQ. E✓cr¢rrl� ,,��nn N.m-: 7$1!/ SNALLiN6TONS M:LC /fy( AM.- ii��`` Mat e L L=s FJ,e11 AV. C, P179 S^.Z nnP.n/A71. � )Jrallutt-. PA.-7-a1-37-3y=0odto-m0m7o-0o70 b •� FILED FOR RECORD OKEECHOBEE CO. FL. 98407 97 AUG' 12 PiJ 4: 13 a SHARON ROBFRTSO'1 CLERK OF CIRCUIT COURT Docum(gntary Stamps paid In the amount of g dt/ 7.00 Class C InLarigible Tax paid In the amount of $ IV ar of ONu hurt date SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDINO DATA Tgis woo nattig wCCV, Made the r 7_ day of 19 _,cL , by At rpa A. Cue-Ae7L hereinafter called the Grantor, to AlaHli4l HI C219A G A4 whose post office address is 904 S. &A-A07- 4,10, 1CteFCf42,dZiC .CL.d, .7997(�, hereinafter called the Grantee. twhe..... auJ hrr.in the Iam. ^tlnnl.n^ uW'tlnmrr^ inrhWr JI the pYnN+ In tM. tmu..Nn1 .red the Mia, Irpl uPreaeM-arn, .nd ...IS.. ; indiridwl+,.4 the .a[[e.N,n .red .h'."' th['M.N-I N WWI. or requi.n.l Aitnesecill, Thus the Grantor, for and in consideration of the sum of $ a. Do and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and co,.n, �trms unto the Grantee all that certain land, situate in (7ifE6 C/(/oliFF County, State of 4 L01L.'a�/4 , viz: �Vr /S %, 8, 9, Ucoc/( % .SouTi4 �KEEc/ImBFE �c�oc�;/vG %D 7'NE- /ds,o"T/ TNr_-R�o/c- lQsco�6� i n/ /Dcr�i It7oo k l 405 / r7 f0ubd; a /l�rto/c�5 O F 14-;I y Q6ci4FiNis r 57ibl,Al, A-f7, to AECoa ;/r 4XV (`Ilogether, with all the tenements, herediramenrs and appurtenances thereto belonging or in anywise appertaining. (`fin Ptabe nob to Polb, the same in fee simple forever. ,1nb the Grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing ,subsequent to December 31, 1997 Pn Xitiiess pherrof, the said Grantor has signed and seated these presents the day and year first above written. St led, se�led and d}eltvcr di t the presence of. W . stsn.Iure t„ I, n , 66—a nlni d N.,nr tt/sd.r w � s u a. In a.I or.niyq fi•� I- V'O 1Zi4�' Primrd Nrmr wit...r slFn...rt fn m Co�nmw, if anyl Printed N.— wilt,... SISn.Iwe I.. Io C.-0Q .ntor. it.t,r) i � .-, r Q L Toll 2. Pdmd N.m- 9Sr?q Port Witt,. AM— M'4cc reL� N• C , .778S-z Print'd Nan- Olfke Add... 7k -g, STATE OFGv COUNTY OF i9ec 0 1 hereby Certify that on this day, before me, an officer duly authorized to administer oaths end take acknowledgments, personally appeared a known to me to be the person described in and who executed the foregoing instrument, who acknowledged before me that executed the same, and an oath was not taken. (Check one:) Of Said person(s) is/are personally known to me. U Said persun(sl provided the i x following type of identification: d@ NOTARY RUOUBA STAMP SEAL Witness my hand and'offfcial semi in Ph- County and Stoic last aforesaid 3 this day of , A.D. 19V o BETTE P. MOORE os Notary Public. State of Florida 93 My comm. expires July S.1998 U 0 Comm. No. CC $90204 "" '"' 20394 PAQ1248 1�9eU �01� oa . 348781 Gnrrae f! T�'L' FILEDr:f 2001 FEa "7 �`1^• R SHARON ROULL� I CLERK OF CIRCUIT COOK 3-21-37-35-0040-00070-0040 Warranty Deed This Indenture, Made this 20th day of ASHOKKUMAR M. PATEL and PRATIBHA A nr0450 1940 Doolrnwiwy 5tr 4a yon7 A I'm ama.,, .1 i f92:5 na Ckm C k4V40 M Tax paid in ttro amount of$ —a- Shafon Robertson. Ci6esk of CiatGard O medlobee fa l D.C. Date Z a? 7--Ad e/ February , 2001 A.O.. Between PATEL, his wife. of me Ceum of OKEECHOBEE state of Florida grantors, and IAMB OF GOD MINISTRIES, INCORPOR4TED, a corporation existing under the laws of the crate of Florida wbow address is. 97) So. Dixie Hwy, West #5, Pompano Beach, Florida 33060 Of the cvtnry or Browned stare or Florida + grantee- Witnesseth dole Me GRANTORS, for and m amsdenoon of the am of - - - - - - - - - - - - - - - - - - - - - BOLURS. - -------------TE,N&NO1100010.00)------------------- _ _ _ _ _ _ _ E, the receipt wh.Mof r hereby acknowledged, have and other good and valuable- to GRANTORS m lord pod by GRANTEE, assi re ns forever. dte following described land. graced, banponed and sdd o the said GRANTEE and GRANTEE'S successorsB muace lying and being in the Cooary of OKEECHOBEE stale or Florida to wit: Lots 4, 5, 6, 10, 11 and 12 of Block 7, SOUTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida, LESS the West 15 feet of Lots 10, 11 and 12. ALSO, that certain alleyway lying in Block 7, being 15 feet wide and bordered on the East side by Lots 4, 5 and 6 and bordered on the West by Lots 10, 11 and 12, in Block 7, SOUTH OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 2001. GRANTOR FURTHER WARRANTS THAT THEY HAVE FULL POWER AND AUTHORITY TO EXECUTE THIS WARRANTY DEED PURSUANT TO POWER OF ATTORNEY AS RECORDED IN OFFICIAL RECORD BOOK 423, PAGE 1226, PUBLIC RECORDS OF OKE OSTILL NELLFORCE AND COUNTY, EFF FLORIDA ND ANDHAS DTHAT INOTOOATTORNEY IS BEENAMENDED OR REVOKED IN ANYWAY. and de graors do hereby rn0y warrant de tide to said land, and will defend the same agaimt lawful claims of all pcmm whow.Aver. In Witness Whereof, the gr n, ,s have hem roo set then hands and seals the day and year first above wridcn. eel and deliver presence:v` (Seal) H 2K.. ASHOKKUMAR M. PATEL SS 2P.O. Address 601 N. PARROTT AVENUE. OKEECHOBEE, FL 34972 An c (Seal) IE ,4 . JARRFlL PRATIBHP A. PATEL 601 N. PARROTT AVENUE. OKEECHOBEE. FL 34972 Witness a5 f0 BOIL! P-O. Address STATE OF Florida COUNTY OF OKEECHOBEE , 20 01 by hrr The egomg bnacrnem was acknowledged before me this2Oth day of February e cHOKKr t u 4R M. PATFL and PRATIBHA A_ PATEL. who arc ,crsotnlly known to me or who lave,,.&,,d their Florida driver' ICenses as tdenfific nn. fha Docurncrc PIcP-6 By: — TINA JARRELL 70hn+a+n KONNA K. A OKF•{OBEE ABTRACT dTITLE NL ' INC. 1011BLIC M7 NW 2W Symision Ea,— 04 OkTOBFFL 319t•K,emsW 31206 Prepared by; Record Asm to Wendy Bostwick Big Lake Title Company, Inc 2106 South Parrott Avenue Okeechobee, Florida 34974 File Number: 2599 Warranty Deed Made this December 3, 2005 A.D. , By Charles D. Godwin and Kippy S. Godwin, husband and wife �I�INIIINNNIIIIINIII�NIIIINIININIIIIIIN �� P 7 FILE NUM 2005025518 OR BK 00584 F"G 1120 SHARON ROBERTSONr CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 12/13/2005 11:19:24 AM RECORDING FEES 10.00 DEED DOC 3r500.00 RECORDED BY G Meubourn whose address is: 7053 SW 13th Street, Okeechobee, FL 34974, hereinafter called the grantor, to Lemac LLC,a Florida Limited Liability Corporation, whose address is: 4527 Arnold Avenue, Naples, FL 34104-3339, hereinafter called the grantee: (whenever used herein the term "grantor" and *grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Lots 1, 2 and 3, Block 7, SOUTH OKEECHOBEE according to the Plat thereof recorded in Plat Book 5, Page 7 of the Public Records of Okeechobee County, Florida. Parcel ID Number: 3-21-37-35-0040-00070-0010 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2005. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our Witness Printed Name Printed Name __.. JanettaThiboult State of Florida County of Okeechobee aft - (Seal) C Charles . ' Address: 7053 SW 13th Street, ?kecho e, FL 34974 �(Seal) Kippy S. o W Address: 7053 S 13th Street, Okeechobee, FL 34974 The foregoing instrument was acknowledged before me this 3rd day of December, 2005, by Charles D. Godwin and Kippy S. Godwin, husband and wife, who is/are personally known to me or who has produced PERSONALLY KNOWN as identification. iJ. Notary Public .`�,%"* 4 t tB tO S My Commission Expires: •p TA (SEAL) �-S L'M. y Comm Expires ;� October ta, 2006 _ No. DD 15625I Z DEED Individual Warranty Deed - Legal on Face Closers' Choice ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject Street/Alley) (Description of Subject Street/Alley) Signature of Property Owner Signature of Property Owner Printed Name Printed Name STATE OF F\QriAa COUNTY OF Sworn to (or affirmed) and subscribed before me this Qq — day of Npr� , 20��_, by Mjc3na:gA L�W0.IndOwS�[-L (Seal) 4-� NoaryPublic State ofFbnda Notary Signature ?° Amanda. Egan g My canmission DD450047 �h �_ Equ� U"?n°' Expires 0 oc9 012009 Printed Name Personally known —Z OR Produced Identification Type of Identification Produced _ ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: (Legal Description) c�L Tom/41 (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject Street/Alley) (Description of Subject Street/Alley) /1�cP &GW (�;cz r< J Printed Name STATE OF TA tOY4 0— COUNTY OF Cke_ecVic e-e Signature of Property Owner Printed Name Sworn to (or affirmed) and subscribed before me this _Q ri day of t I 20, by Mal-L,� (Seal) o,ar�n. Notary Pubkic State of rlorida Notary Signature a Amanda J Fgan Yv-, dAy Commi>sion DD450047%�j Exoiras 0910712009 _ ri �(.� V EQQ.h Printed Name Personally known OR Produced Identification Type of Identification Produced Page 2 ri to the f7 -row 5 7 C 23 0 Atkhooed Signature Typed ham6 & Title Phone No. Date �nslrn5 2J0.� �w�if�. a,at 407-$$ or (fox tK,lNaGi i627 4D7-689 IS36 e� a o TV / Ah, •Pi• ad $lgna tc Typed riame & Title Phan Dato Ad_'p Cable dwo4 3f 4 NO Gave"cs w%F( '�� GJ4s� 107 N.W. 7th Ave Okeechobee, FL 34972 As 863-763-2187 7 Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority`; 100 S.W. 51' Avenue - Okeechobee, FL 34974 863-763-9460 uthorized Si nat re Typed Na e & Title1 ✓L Al/G C /dam r Phone No. ate 0--i—A nnhi Pt%r City nt n400rhnhpp R, Firct nrklitinn to City. of Okeechobee Subdivisions: k Estatebreth stee-3154 E Authorized Signature Typed Name & Title Phone No. Date Authorized Signature Typed Name & Title Phone No. Date • Voice I Data I Internet I Wireless I Entertainment November 19, 2007 Lemac, LLC c/o Amanda Egan 4527 Arnold Ave. Naples, FL 34104 r" E M BARCX" Embarq Corporation Mailstop: FLAPKA 0305 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.com RE: No Object for the Vacation of Alley behind 1000 Parrott Ave. Adjacent Lots 1-3, Blk 7, South Okeechobee, Okeechobee County, FL Dear Mrs. Egan:: With reference to the request for a vacation of the alley lying west of lots 1-3, Block 7, South Okeechobee according to Plat Book 5, pg 7, we do not object to the vacation, subject to receiving an easement for the continued operation and maintenance of the Embarq facilities in the area. If you have any questions, you can reach me at the number shown below. Since ly, �c�� s it_y l'�- OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 May 1, 2007 Affordable Auto Karen Williams 1000 S. Parrott Avenue Okeechobee, FL 34974 Re: Abandonment of Partial Alley, Block 7, South Okeechobee Dear Ms. Williams: The Okeechobee Utility Authority, (OUA) has reviewed the drawings of the alleyway to be considered for abandonment. OUA has field -verified that it does not have water or sewer lines in the alleyway between Lots 1, 2, and 3 and Lots 7, 8, and 9 of Block 7, South Okeechobee. OUA does not object to the abandonment of this alleyway. Please let me know should you need any additional information. Sincerely, ohn F. Hayford, Executive Director Okeechobee Utility Authority Page 3 APPLICATIONNO. INSTRUCTIONS: After `Pages '1 and 2 are completed by applicant. Return entire application to the City Clerk's Office. The $25.00 application fee is then paid. THE CLERK'S OFFICE �...� ��.. r Auttra^%MCOAl0YRACK17Q1fZAff1GF RFI nW- FIRE DEPARTMENT i Smith,'Fire Chief Memorandum Ati e' / V To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Alley — Closing Property, Between SW I& St and SW 11t' St. Date: January 29, 2008 Re: Application from Lemac , LLC. 4527 Arnold Ave. Naples Fl. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. It is the Engineering Department's opinion that the City of Okeechobee Council shall be very cautious before approving abandoning any Alleys. ``,''�o0��0I OM II-Imilir I'ME 0 `W 1R Awry I;d;® eImam LCHIBIT 7 ftB 5, 2008 CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE V Avenue Okeechobee, Florida 34974 NAME: cl-K ADDRESS: I (��f-j N %Al 1 2 h vim. TELEPHONE: S -7 (-z,' "f 01 io MEETING: REGULAR P( SPECIAL ❑ WORKSHOP FAX (863) 763-1686 FAX: ❑ DATE: 4 PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: L"t" a,rL1V�� PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:La r PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATT A!`TI ADDT T!`A 121 T: nnirTTM1VNTC- IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: T' 7sl) SIGNED BY: DATE:d$ s.mr.matwrew�rwm , j i 11 0 CAFA BELLA RUM .Ions. P.F. i 4 FOR FOSLER, LLC '� Assodstsy P.A. LOCATED M THE CRY OF OKEECHOBEE, FLORIDA amw—rn c Yt/YMIII�YYM ram. ' C u SIB PLAN Scat Wace. Fl 3/BSW ]aU V 'Ge=— PfgnCST7Y)�611997 � .0 MlE aamre 0 0 MINUTES OF THE TECHNICAL REVIEW COMMITTEE WEDNESDAY, DECEMBER 199 2007, 10:00 A. M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 A. CALL TO ORDER - Chairperson The meeting was called to order by Chairperson Brian Whitehall. B. STAFF ATTENDANCE - Secretary PRESENT: Administrator Whitehall Building Official Schaub Engineer Bermudez Public Works Director Robertson Non -Voting Ex-Officio Member PRESENT: County Health Department Trent Planner Brisson Secretary Clement ABSENT: Chief Davis Chief Smith OUA Hayford Attorney Cook School Representative (no representation) C. Minutes — Secretary Public Works Director Robertson moved to dispense with the reading and approve the October 24, 2007 Technical Review Committee Minutes regular meeting; seconded by Building Official Schaub. Motion carried (4.0). D. New Business — Chairperson 1. Casa Bella. The application was submitted by Steven Dobbs, P.E. on behalf of applicant Fosler LLC, Randy Simler, Manager. The site improvements shall consist of the construction of a 37 unit townhouse development to be developed in a single phase for property located at Section 15, Township 37 South, Range 35 East and is between Northwest 10th and 11th Streets, West of Northwest 5th Avenue, Northwest of Okeechobee. Lots 1 through 10 inclusive and Lots 17 through 26 inclusive, Block 28, City of Okeechobee, According to the Plat or Map thereof described in Plat Book 5, Page 5 of the Public Records of Okeechobee County, Florida — Senior Planning Consultant. • D. New Business Continued. Bill Brisson presented the LaRue Planning Staff recommendation of approval, pending satisfaction of information as to the height of the proposed buildings, parking layout, and vehicular use area. Mr. Brisson stated all the concerns were met by the applicant with revised plans. It was determined by the Technical Review Committee that all areas of concern were met, with the exception of the absence of the Fire Chief to weigh in on the stable grassy area for the ladder truck. Administrator Whitehall asked whether the Committee had further questions? There were none. Public Works Director Robertson made a motion to approve Casa Bella, site improvements consisting of the construction of a 37 unit townhouse development to be developed in a single phase for property located at Section 15, Township 37 South, Range 35 East and is between Northwest 10th and 11 m Streets, West of Northwest 5th Avenue, Northwest of Okeechobee, Lots 1 through 10 inclusive and Lots 17 through 26 inclusive, Block 28, City of Okeechobee with the contingency Fire Chief Smith agrees to the stable grassy area for the ladder truck; seconded by Engineer Bermudez. Motion carried (4.0) E. Adjournment — Chairperson. There being no further items on the agenda, Chairperson Whitehall adjourned the Technical Review Committee meeting at 10:35 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be bases. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement, Secretary Brian Whitehall, Chairperson 2 Tao nn 1 ni' 1 VIQvtull VV1111QIIIb C they.• "hufh ion to ll" th�A/hitcl�,?li/i7lrifiinfn({PA(:h Al'3P. P. rom> To: "Mavor Kirk" <iamesekirk0comcast.net>: "Lowry Markham" <Iowrvmarkhamnemhorri. qi! .rorr>• "nc,.�,I nr Watford"<dowlingwatforde.okeechobeeford.com>: "Clayton Williams"<clavton(a_-D.bergerrealestate.com>: "Lya►a Jean Williams- <Iw►li►amsul tCLVcomcast.net> Sent: Tuesday, February 05, 2008 2:28 PM Huuacn: ivionsen's c-maii re i iS.doc subject: hw: Monsen 5aienrs comments on uooay Center I ratt►c Impact 5tuay ivU 1ICE: Due to riorida's broad public record iaws, this emaii may be suhiect to nnhlic disclosure RT-ian \Alhituhall A riminictrntnr cc nT' _1 / bbJ. l0J.J3 /L ext-L1G ----- iriginai Message ----- Briar, 'MP attarhPrl file is in MC Wnrrl it (-nntainc MnhcPn CalPhi'c initial A— ,t, ..>o +-,4 T> ,rp;_ r.,,.,.,,.+ A,,.,1-- A . 1.AJUfll aUVla%, LM- Cii.y a3 Lv M%, appiupila«,uws vi Liio�; %.,)1it%,11i5 kii aiiy ui v i ivj r i` j 461 C%,ii7tClil, i i7OP THS SUMiI17Aiy io ili; pILii ai. U-113 lilui,. AS ,i mn mentioned in your telephone conversation last week, we expect to arrange a. meetins4 with mmiev-Horn in the near future where the issues can be discussed and re.-Aved I am sendina a cony of this e-,..2:1 --A ,.,+_,.,.1.....,,.-++ AI A .d.,,.,., TT..-- +1,.. '.1 Tom' • 1 TT 1 1 .1 1 Vii liiyVf YY liii fillii ii/ -1 LEI it YV CiV i.Iil,i.i"—'%.A iii%, anal}Jii,J. gee you tonight. I� 'i KK1�Q-, 1�IµnninrT R> i�riµna{Tamcnt Cn„rriePc Tne ID 3arasora "rice 2427 Poi iei Duke Di- U m i 1 10 Sarasota, FL 34240 Phone- 12391 334-3366 or f 941 1 378-1487 Fax: (941) 342-0563 2/5/2008 0 01 Comments by Mohsen Salehi rt� Traffic Impact Analysis for Goody's Center, Okeechobee, Florida I have reviewed the above referenced and have the following general and specific comments: Generally, the TIA has been done without the benefits of a methodology meeting between the City and auut till-, a iludliis u_mZi! iR;_;Ft. A. QU Ki?�0r1, ULMfi SiUGii a i�ieili{}doi meeEing, Issues �N pN � y_.. y gy such as trip generation, internal capture, pass -by deductions, growth rates, roadway and intersection ievei of service (LOS) wiii be discussed and the Giiy s requirements are passed on to the applicant, otherwise the applicant might take the kind of liberties that might not be acceptable to the City, as is the case here with the above referenced TiA. (As we discussed we did get a caii from KHA's :iohn Donaidson about this project and returned his call, but we did not hear back from him.The analyst for this TIA however appears to be Adam Kerr] More specificaiiy: i) Per attached, tire trip generation, inier'nai capture, and pass -by trips generated by he appiicani are inconsistent with those generated by the reviewer (i.e., the adjusted applicant's PM Pk Hr trips of 264 (T abie i versus the reviewer`s i4i A difference of 50 RIVi Ric i-ir TVIps.) z) I fie applicants annual growin rates for oK t u anu uo 44 i cowu not be ventieu eitner. otraignt line projections based on 5 years of data from FDOT indicate an annual growth rate of 5.99% for SR 70 west of US 4"1 1 and 2.8.3 % east of U5 44 i as opposed io tire applicant's 2.92 10 for Both. 3) it is not uieaf on what basis the ifaffic is d►stributed on page 5 and why is it inconsisieni with Figure 27 4) Considering # i and #2 'above the contents of Table L is questluflaule, particularly 4.yy ro rroje(;t Impact" on US 441 which needs to be redone. 5) It is not clear what interaction is anticipated between the land uses from the proposed development and ine vvairviaii dutoSS US 4411. Oil motif US 441 (MR07) and MN L isi Si, wfuieuiioii Sepai'ailuns, median openings, and turn lanes need to be indicated. Has FDOT been contacted by the applicant for pel f niib? 6) it is flu! clear whai appendix F FDOT Signal Data" witiaiilifig a Singie Pian Sheei ddied .. 12- j4-99- is supposed to indicate? The Intersection of SR 70/US 441? Some explanation is needed here. 7) Synchro runs in Appendix G need to be redone based on the above comments (particularly #3 above) acid iypo5 (avv 28ifi Si Signalizeo f zwv 3L(IU b1 of (;lty iffnl s!). 8) Appefluix E is LOS ueieiifiiiiaiiuii fur FHS aiid Norl-FIHS Roads iir Okeechobee is based of1 2005 traffic count data. The LOS based on 2006 is now available from MOT and needs to be utilized. Since the above comments needs to be addressed first, we do not list comments that would be suwfiddly iu iile above iisi such as pusi-development (built-oui plus i year) at this iiiffe. Tile TIA deeds to be revised and resubmitted for review. We are available to meet with the applicant to discuss these eorrirrrents or to respond to any questions that they might Ilave. Please feel free to call with any questions or comments that you refight have. --Mohsen Salehi �;;�: 239-994-1320 • EXHIBIT 8 MB 5, 2008 Law Offices Christiansen & Lehner, P.A. 63 Sarasota Center Blvd. Suite 107 Sarasota, Florida 34240 • 941-377-2200 • Fax 941-377-4848 MEMORANDUM TO: The Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Trust Fund RE: Pre-tax Treatment of Health Insurance Premiums DATE: October 1, 2007 Congress recently adopted the Pension Protection Act of 2006. This legislation contains a major change which benefits police officers and firefighters that became effective on January 1, 2007. This change will allow retired police officers and firefighters who retire with a normal or disability retirement benefit to elect to have the pension board pay directly to an insurance provider, premiums for health insurance and long term care on a pre-tax basis up to an annual amount of $3,000.00 if permitted by state law and the pension plan. Due to restrictions in Chapters 175 and 185, Florida Statutes, the insurance must be provided by the City or an insurance provider pursuant to a contract with the City. Accordingly, we have enclosed the following documents for use in establishing this program: Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums, to be used if the City is at any time not self -insured . This document should be executed by the Board of Trustees and the City of Okeechobee. 2. Authorization For Deduction From Retirement Benefits. This document should be executed by each retiree who qualifies for the pre-tax treatment and submitted on or before December 31, 2007 for the 2007 Tax Year. 3. Proposed Rule to amend the Operating Rules and Procedures to add procedures for establishing Insurance Premium Deductions. 4. Internal Revenue Instructions for reporting the pre-tax treatment of premiums and memorandum to current retirees. 5. A memorandum to be provided to all retirees with the Authorization For Deduction From Retirement Benefits, and Internal Revenue Instructions. CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND MEMORANDUM TO: All Retirees REFERENCE: Potential Tax Savings DATE: November 1, 2007 The Pension Protection Act of 2006 was signed into law on August 17, 2006. One of the provisions of this act is to allow "eligible retired public safety officers" to elect to exclude from gross income vertain deductions made from your Pension Plan to pay for "qualified health insurance premiums." The exclusion is`limited to the amount of annual premiums paid, up to $3,000, and is effective beginning January 1, 2007. This means that if your annual pension is $36,000 and $3,000 is deducted for medical premiums, then your gross pension will be reported as $33,000 on your 1099R form. Ifyour medical premiums are less than $3,000, the exemption is limited to the actual amount of your premiums. If the premiums are more, the exemption is capped at $3,000. According to the law, "an eligible retired public safety officer" includes police officers or firefighters who separate from service due to Disability or attainment of Normal retirement. Those who receive Early or Vested Termination benefits are not eligible. You are receiving a vested termination benefit if you were not eligible for immediate payment of pension benefits when you left employment. "Qualified health insurance premiums" are premiums deducted from your pension that are paid for accident, health insurance, or long-term care insurance for the eligible retired public safety officer, his or her spouse, and dependents. It does not include premiums for vision, life or legal insurance. Enclosed is a form for you to elect that your qualified health insurance premiums, up to $3,000, qualify for the exemption. You can only qualify if premiums are deducted from your pension benefit and are paid directly to the City. If this form is not returned, we will assume that you have elected NOT to exempt your health premiums for taxation. Election must be made. Therefore no election is considered a no. If you are already having premiums deducted from your pension benefit and sent directly to the City to pay these premiums in the City Health Insurance Program (either self insured or with a carrier), you may claim the favorable tax treatment for tax year 2007 by following the instructions in the e-mail from the IRS, which is attached - It is recommended that you consult your tax advisor if you have any questions on this issue. If you have questions about your pension plan, please contact the Pension Office at 863-467-1586. CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND AUTHORIZATION FOR DEDUCTION FROM RETIREMENT BENEFITS WHEREAS, Section 175.061(7), Florida Statutes, provides that -the Board of Trustees may, upon written request by the retiree of the plan, withhold from the monthly retirement payment those funds that are necessary to pay for benefits received through the governmental entity from which the employee retired; WHEREAS, retired firefighters and their dependents are eligible to participate in the insurance program provided by the City of Okeechobee upon the retired firefighters or their eligible dependents paying the appropriate premium; and WHEREAS, Section 408 of the Internal Revenue Code was amended by the Pension Protection Act of 2006 to provide beginning January 1, 2007 that "eligible retired public safety officers" will receive up to a $3,000 taxable income exclusion toward the cost of health insurance if payment of the premiums is made directly to the provider of the accident or health insurance plan by deduction from a distribution from the eligible retirement plan; 1. Therefore, I, the undersigned retired firefighter of the City of Okeechobee do hereby authorize the Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Trust Fund and the custodian of the City of Okeechobee Municipal Firefighters' Pension Trust Fund, SunTrust Bank, to deduct from my monthly pension benefits from the City of Okeechobee Municipal Firefighters' Pension Trust Fund and to pay directly to the City of Okeechobee, and in turn to the provider of accident or health insurance, if applicable, those premiums necessary for the undersigned to maintain coverage with the life, health, accident, hospitalization or annuity insurance provided by the City of Okeechobee to retired firefighters and their spouses and dependents, which coverage I have elected to maintain. This authorization shall include any increases in the premiums for such insurance which I have elected to maintain coverage. 2. I hereby certify that I am a retired public safety officer as defined by 42 U.S.C. 3796b(9)(A), that I retired from the plan under Normal Retirement (Not Early) or Disability Retirement and I am not receiving a benefit as a terminated vested person. This deduction shall take effect as soon as is administratively possible after directions are received by SunTrust Bank from the Board of Trustees, unless a later start date is directed. 4. This deduction shall continue to be in effect until I request that SunTrust Bank be given direction from the Board to cease this deduction, unless a later stop date is directed. The custodian shall cease the deduction as soon as is administratively possible. I understand that: A. Every effort will be made to maximize a retiree's annual tax free deductions under this program. However, due to rounding or changing of premiums, differences in alignment between calendar years, taxable years, benefit years and fiscal years, differences between the record keeping and invoicing procedures between the parties involved and due to other administrative matters beyond the control of the parties, neither the Board nor the City makes any guarantee that a retiree will receive the maximum tax free allowance for each benefit year. B. This program is subject to change at any time based on Internal Revenue Service interpretations, changes to the PPA, or in the case that this program is found to be in conflict with other federal, state or local laws. In the event of a conflict between this program and governmental regulations, official interpretations, or other relevant legal decisions, this program shall be subordinate. C. This program is furnished by the Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Trust Fund as a customer service to retired participants. Neither the Board nor the City of Okeechobee accepts any liability and makes no guarantees regarding the tax implications of anyhealth insurance premiums paid through this program. As always, retirees should consult with a professional tax advisor regarding matters of the taxability or non -taxability of pension and health insurance benefits. D. The Board of Trustees reserves the right to require retirees participating under this program to pay any such costs as may be assessed by the fund custodian, the plan administrator or the qualified health insurance provider in the future for the processing, disbursement or acceptance of insurance policy premium payments. E. I understand that the Retirement System is not responsible for lapsed premiums or lapsed insurance policy coverage or any other coverage or benefit issues that may arise between my insurance carrier and myself. F. I take full responsibility for the accuracy and truth of all the information I have provided and certify that I am entitled to these benefits. G. I understand that by electing to participate in the federal tax exclusion, I will be decreasing my federal taxable income. This tax exclusion may not apply to state taxation. H. I understand that I may not request additional tax -preferred treatment of the applicable exclusion amount (up to $3,000.00 annually), from any other qualified retirement systems (i.e. Governmental defined benefit plans, or 403(b) plans). I. I understand that the Retirement System is complying with federal law by withholding insurance premiums from my pension benefits. In doing so, the Retirement System is only performing an administrative function and is only responsible for payment of premiums, as required by law. J. I understand that the health insurance premium withholding may affect tax withholding from my monthly pension annuity. RULE 18 INSURANCE PREMIUM DEDUCTIONS 18.1. INSURANCE PREMIUM DEDUCTION AUTHORIZATION A. As permitted by Florida Statute 175.061(7), upon the retiree's written request, the Board of Trustees hereby authorizes the plan administrator or Board designee to withhold from a retiree's monthly retirement payment those funds that are necessary to pay for certain benefits which are being purchased by the retiree under the City sponsored group insurance programs. B. Any retiree requesting such deduction under this policy shall be required, as a pre- requisite, to be receiving the payment of his monthly retirement benefits via direct deposit. C. In order to participate in premium payments under this policy, the retiree shall be required to complete and submit all such forms as may be required to effectuate this benefit by the Board of Trustees, pension office, plan administrator, plan custodian, and insurance carriers. D. Requests to begin such deductions shall be effective as soon as reasonably possible. Once elected, benefits deductions shall continue until such time as the retiree deceases or submits a termination request form to the plan administrator or Board designee. Request for termination of deductions under this policy must be on a form obtained from the plan administrator or Board designee and shall be effective as soon as reasonably possible. E. A retiree requesting a deduction under this policy shall be required to have such deduction be made in an amount to cover the total premium for all insurance benefits which are being purchased through the City. Partial premium payments may not be made through the use of pension funds and individual premiums may not be paid by separate means. F. Any insurance premiums paid in accordance with this policy shall be paid on a schedule as determined by the plan sponsor. G. Premium payments made under this policy may only be made in equal monthly installments for each benefit year or the remainder of any benefit year as the case may be. 18.2 TAX-FREE PAYMENT OF INSURANCE PREMIUMS While participating in premium deductions under this policy, retired firefighters, as defined in Rule 18.3 below, may designate that a portion of their premiums for City sponsored health insurance or other qualified health insurance premiums as specified by the Pension Protection Act of2006 (PPA) be paid on a tax free basis up to $3,000.00 annually (or the then current IRS allowable limits). Retirees who do not have City sponsored insurance premiums deducted from their monthly annuity can not participate in the tax free provisions of this policy. A. The pension plan custodian must make the premium payment payable directly to the City or the City qualified health insurance provider. B. Retirees cannot receive any such tax free amounts as reimbursements. C. This eligibility does not extend to joint annuitants, survivor annuitants, or beneficiaries. D. Tax free payments may not be made on a lump sum basis but rather must be paid in level monthly installments during the benefit year or remainder thereof. E. All qualified insurance premiums will accumulate as they are paid during the taxable year until the maximum tax free benefit is achieved. After that, monthly group insurance benefit premiums will continue to be deducted on an after tax basis. F. Participants shall be required to sign an agreement and certify that they are eligible retired firefighters and that they are not having tax free deductions for qualified health insurance premiums taken from any other retirement benefit plan. G. Once a retiree requests to participate in the tax free provisions of this policy, such election shall remain in effect continuously until revoked in writing and in compliance with all requirements of this policy. H. A retiree may only use the tax free provisions of this policy to defray the actual costs ofpurchasing qualified insurance products. Tax free pension annuity deductions for qualified health insurance premiums may not be made in excess of the actual monthly insurance premiums due. 18.3 RETIREES WHO ARE ELIGIBLE FOR THE TAX-FREE PAYMENT OF QUALIFIED INSURANCE PREMIUMS In order to be eligible for coverage under the pre-tax policy, the retiree must be a retired "public safety officer" as defined by 42U.S.C. 3796b(9)(A) and must meet all of the following conditions: A. Must have been a firefighter at the time of separation from employment. B. Must have retired from City service as a Normal Retirement or Disability Retirement. Persons receiving terminated vested benefits are not eligible. C. Must be receiving a monthly retirement benefit from the Pension Fund. D. Must be enrolled in a qualified City -sponsored insurance policy. 18.4 MLSCELLANEOUS PROVISIONS A. Qualified health insurance premiums payable under this policy shall be limited to those of carriers which have entered into agreement to participate with the City in providing qualified insurance coverage. B. Every effort will be made to maximize a retiree's annual tax free deductions under this policy. However, due to rounding or changing of premiums, differences in alignment between calendar years, taxable years, benefit years and fiscal years, differences between the record keeping and invoicing procedures between the parties involved and due to other administrative matters beyond the control of the parties, neither the Board nor the City makes any guarantee that a retiree will receive the maximum tax free allowance for each benefit year. C. This policy is subject to change at any time based on Internal Revenue Service interpretations, changes to the PPA, or in the case that this policy is found to be in conflict with other federal, state or local laws. In the event of a conflict between this policy and governmental regulations, official interpretations, or otherrelevant legal decisions, this policy shall be subordinate. D. This program is furnished by the Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Trust Fund as a customer service to retired participants. Neither the Board nor the City of Okeechobee accepts any liability and makes no guarantees regarding the tax implications of any health insurance premiums paid through this program. As always, retirees should consult with a professional tax advisor regarding matters of the taxability or non -taxability of pension and health insurance benefits. E. The Board of Trustees reserves the right to require retirees participating under this policy to pay any such costs as may be assessed by the fund custodian, the plan. administrator or the qualified health insurance provider in the future for the processing, disbursement or acceptance of insurance policy premium payments. AGREEMENT CONCERNING DEDUCTION FROM RETIREMENT BENEFITS FOR QUALIFIED HEALTH INSURANCE PREMIUMS This Agreement is hereby made by the City of Okeechobee ("City") and the Board of Trustees of the City of Okeechobee Municipal Firefighters' Pension Trust Fund ('Tension Fund"). The purpose of this Agreement is to efficiently implement the provisions of Section 845 of the Pension Protection Act of 2006. The Pension Fund agrees to begin to or continue to deduct premiums from retired members for qualified health insurance premiums. For purposes of Section 845 of the Pension Protection Act of 2006, the City agrees to serve as the Pension Fund's intermediary to make payment of the premiums deducted from a member's retirement benefit by the Pension Fund directly to the provider(s) of the qualified health insurance plan. The City agrees that the City will not pay any such deducted premium to a member instead of directly to the provider(s) of the qualified health insurance plan. Dated this day of \1\Mt114� , 2007. CITY OF OKEECHOBEE M. CITY OF OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND By: Lal� As Chairman ATTEST: IMPORTANT LEGAL NOTICE THEIRS HAS NOT PROVIDED GUIDANCE TO DATE ON THE APPLICATION OF THIS PROGRAM. AS A CONDITION OF PARTICIPATION IN THIS PROGRAM, THE MEMBER ACCEPTS ALL RESPONSIBILITY FOR TRUTH OF THE INFORMATION PROVIDED TO THE PLAN. IN ADDITION, IN CONSIDERATION OF PARTICIPATION, THE MEMBER AGREES THAT THE RETIREMENT SYSTEM, ITS STAFF OR ADVISORS, AND THE EMPLOYERHAVE NO LIABILITY FORANY ADDITIONAL TAX LIABILITY, INCLUDING INTEREST AND PENALTIES THAT MAY ARISE FROM PARTICIPATION. AS THIS WAIVER INVOLVES YOUR LEGAL RIGHTS, YOU ARE ADVISED TO SEEK COMPETENT LEGAL ADVICE PRIOR TO PARTICIPATING IN THE PROGRAM. I UNDERSTAND AND AGREE THAT I HAVE HAD A FULL OPPORTUNITY TO HAVE MY QUESTIONS ANSWERED AND TO SEEK OUTSIDE ADVICE. WAIVER OF CLAIMS Dated: Print Name Signature STATE OF FLORIDA COUNTY OF: The foregoing instrument was acknowledged before me this , 20 , by who is personally known to me or who has produced identification. Notary Public Return to: Mr. ,Bill Douglas 55 S.E. Third Avenue Okeechobee, Florida 34974 day of as •MEMORANDUM TO: Mayor Kirk, Council Members Markham, Watford, C. Williams and L. Williams, Administrator Whitehall and Attorney Cook FROM: Lane Gamiotea, City Clerk 9 SUBJECT: Request to add item to February 5, 2008 Agenda - Appointments to Boards DATE: February 5, 2008 1. Planning Board/Board of Adjustment & Appeals/Design Review Board With the resignation of Mrs. Johns the Council needs to consider a replacement. She was a regular member and we have two alternates, both of which are interested in being appointed as a regular member, they are Epifanio Juarez and Mike O'Connor. `' } The only past information I can give you is that the one with the longest tenure has been given more consideration when they wanted to move up. Mr. Juarez has been on the board the longest. The Board Chair also asked that I share with you Mr. Juarez's assistance in explaining matters in Spanish to the applicants/citizens has been a tremendous help. We also have several citizens who have applied to be on this board. Should the council move an alternate to regular status, then a citizen would need to be considered to fill the alternate's position. The applications we still have on active file are: Donald Sayman, Retired/city resident Chris Close, General contractor/city resident Anita Nunez, Business owner/county resident Aaron Kinty, Teacher & Realtor/county resident We published the notice again to see whether there was anyone else who wanted to apply, the only response we received was from Mr. Close who re -confirmed his desire to be appointed to this boar _ 2. OUA (alternate member) We FINALLY have an applicant for the OUA alternate position. Mr. Devin Maxwell has applied, and application is attached. Mr. Maxwell also sits on the City Planning Board. However, I verified whether there was anything in writing causing the two boards to be in conflict and I could not find anything. If you recall, Mr. Irby is a OUA board member for the city and a code enforcement board member as well. To date there have not been any conflicts of interest. Please consider making this appointment to the OUA board. Thank you. 55 Southeast 3 Avenue * Okeechobee * Florida * 34974 * (863) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST BE COMPLETE© IN FULL. Answer "none" or "not applicable" where appropriate.. CHECK BOARD(S) OF INTEREST TO YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACKED): 0 Planning Board -- Board of Adjustment & Appeals - Design Review Board 0 Code Enforcement Board Okeechobee Utility Authority Board of Directors 0 General Employees & OUA Pension Fund Trustee's 0 Other. APPLICANTS FULL NAME: Devin R. Maxwell NAME COMMONLY USED: Devin RESIDENCE ADDRESS: 1404 SW 7th Avenue Okeechobee, Florida 34974 HOW LONG AT ADDRESS: els t .ears. Is this in the City Limits? OYes ONo m MAILING ADDRESS: 405 NW 3rd Street, Okeechobee, Florida 34972 HOME TELEPHONE: CELUOTHER TELEPHONE: 697-9830 CURRENT EMPLOYER & OCCUPATION: Maxwell & Maxwell, P.A. BUSINESS ADDRESS: 405 NW 3rd Street, Okeechobee, FL 34972 WORK TELEPHONE: 763-1119 FAX NUMBER(S): 763-1179 DATE OF BIRTH: 10/20/1971 ARE YOU A US CITIZEN? MYes ONo, explain: FLORIDA REGISTERED VOTER? ®Yes County Registered in: Okeechobee ONO EDUCATION: High School Name & Location: Okeechobee High School Year Graduated: 1989 POST SECONDARY EDUCATION: NAME & LOCATION: DATES ATTENDED: CERTIFICATE/DEGREE RECD: Florida State University 1989-1993 B/A; History University of Georgia 1994-1997 Juris Doctor MILITARY SERVICE: DAT's: BRANCH: DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS:m (✓ALL THAT APPLY) - MGeneral Contractor ❑Business Person OArchitect ❑Engineer OSub-Contractor ORealtor MAttomey ❑Doctor OSurveyor OLay Person ❑Urban Planner - OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: ~ NAME 8 ADDRESS TYPE OF BUSINESS JOB TITLE DATES axwell & Maxwe , P.A. Law Firm �arfner/Shareholder 405 NW 3rd Street Okeechobee, Florida 34972 HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES ONO. IF YES, LIST: AGENCY BOARD NAME POSITION DATES City of Okeechobee Planning Board Member 2004—Present STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. I have experience with the policies and growth plans of both local governments. I have an interest in the role that infrastructure plays in community development. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES ONO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? C1YES ZINO. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THE TERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES ®NO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? NO HAVEYOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? DYES ®NO IF YES, LIST: OATS NATURE OF VIOLATION: DISPOSITION: THE FOLLOWING INFORMATION IS USED WITHOUT REGARD TO RACE, COLOR; RELIGION, SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND -STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: MALE ❑FEMALE ETHNIC GROUP: MICAUCASIAN ❑BLACK OSPANISH HERITAGE ❑NATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): ✓ALL THAT APPLY: OWARTIME PERIOD VETERAN ❑DISABLED VETERAN ❑VIETNAM VETERAN HANDICAPPED STATUS: OYES GNO. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE¢ OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? OYES ONO. DESCRIBE ANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. I live within the City of Ckeechcbee, own a business in the City, and use CUP, central Prater and meter services at both locations. I can appreciate the perspective of CLA business and residential caastaners. I also Ord the role that the availability of utilities plays in grcwth nana�t, planning, and develcpnent. I hope to use rry bisiness and civic experienoe, as w-U as ny oaneern for the inter of the City, to irake a mearungful wrrbabition to the CUA Board STATEMENT OF APPLICANT: I certify.that the answers are true and complete to the best of my' knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation Is cause for rejection of this application. i understand that this application is a Public Record and Is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that I have read and understand each of the above statements. Signature of Appl 0City residence is only a requirement for the OUA and Pension Boards. a14/09 ®The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." ®Other covered jobs Include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.I. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3no AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONL Y.- BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a�,cityofokeechobee.com *****Memorandum***** Date: For Feb 5, 2008 Meeting TO: Mayor & City Cound FR: City Administrator RE: Activity Report • Legislation on tax reform — We are waiting on more definitive estimates but to date have calc the mandatory impact of around $150,000 with the increased exemption equating to about $100k and the business tangible property exemption increase about $50k. • From FL Leag of Cities: Dealing with the results will not be so simple. Florida voters have added another constitutional amendment on property taxes that is fundamentally unfair. Reform of Florida's taxation system is now far more difficult. The amendment, regrettably, does not deal with the inequities in the property -tax structure. Cuts in homeowners' taxes mean businesses and owners of non -homesteaded properties -- rental units and second homes — pay far more than their fair share. That injustice will continue. The amendment's $25,000 personal -property -tax exemption for businesses is a token adjustment, worth only about $400 a year per property. Businesses undoubtedly will be calling for more cuts. The state will also have to deal with the amendment's effect on school districts. Portability may represent savings to homeowners, but it will cost schools an estimated $1.6 billion statewide over the next 5 years, according to a state Senate report. (Volusia's schools would see a decrease of about $31 million in revenue over the same time period; Flagler would see a $12.5 million loss.) How will the state make it up? Gov. Charlie Crist is proposing that the state increase the amount of property taxes that the state requires the local school districts to levy. But it makes no sense to increase property taxes for school districts while restricting property -tax revenue for cities and counties. Legislators should adamantly reject that plan. • Casabella Development — At the 1 /15/08 meeting you wanted the site plan applicable to an alley vacation (Ord 1007), it was scanned and a large version will be available at the meeting. • Oaks Plaza (Goody's). I've mentioned to you about the SW 21st St right turn lane project and added that expected impact fees for the entire completed project will be approx $100,000 of which only about $9k will be Page 1 avail for the Street Dept. I've laid the matter in LaRue's office to assist in developing an Agreement, which calculates potential financial assistance, predicated on the development's traffic study/congestion contribution. • Southern Trace Developer's Agreement — Have been trying to negotiate. Developer suggested that no escrow be set up as the contract definition is so precise, but LaRue's office, along w/ Atty and I agree that our best position of leverage includes the escrow or performance bond, as it relates to potential traffic signalization improvements to be born by the development. • SFWMD & the water shortage — As indicated prior hereto, staff met with SFWMD on 1/10/08 to discuss water shortage compliance issues. Incl on the Agenda is Ord #1009, wherein a 'civil penalty' will be assessed vs the more stringent misdemeanor. • Handicapped accessibility / ADA compliance — As part of the closing out of the Commerce Park street and lake grant we must demonstrate ADA compliance. Unfortunately we were unable to produce the 'self evaluation' and 'transition plan' so, we started from scratch. With much assistance from Nancy Phillips and DPWks Robertson the transition plan is attached. While we reapproached the 'need' for public access to the Fire Dept 2"d floor, it may be inevitable. Keep in mind that this exercise is for the State CDBG grant closing vs. federal ADA requirements. • Decision Makers Forum in Belle Glade (1/17 in Belle Glade) — I was advised that the questions posed at the meeting would be posted on a web site, but to date have had no luck finding them and SFWMD has not located them either. The forum dwelled on the severity of the Lake and discussion covered everything from historic data to current economic and scientific stuff. It appears that Washington has duly noted the Lake dike issues, as this year's funding for dike repair is approx $100 million. SFWMD downplayed the installation of pumps to drain the Lake in favor of US Sugar saying that the 65cfs pumps would take years to adversely affect the Lake at least reducing it from 8' to 6'. Incidentally, Okee Main St was there and Maureen Burroughs gave a nice report to the audience. • Storm sewer master plan — I am still waiting on a written report from Eng Bill Mathers which will assist in formulating the City's opinion on the County/SFWMD endeavor • Sign Ordinance (#994) — LaRue's office is developing notes from the Jan 22" meeting for use in perfecting the Ord. • Senator Mel Martinez's office regional rep meeting— w/ the Mayor and I on 1/24/08 spawned some ideas on federal funding requests. We also spoke about ADA (handicapped accessibility) funding. Anticipate completing an online appropriation request as soon as we hear back from his office on a direction. • Billboard dispute — On 1/7/08 +/- the City rec'd a listing of assertions relating to a 'Complaint for Declaratory Judgment' of which was answered on Jan 24th. Centennial Builders filed in Circuit Court for damages associated with not being allowed to construct a billboard on SR 70 west. As you might Page 2 recall, in Feb the BOA affirmed Independent Inspector's November revocation of the July 2006 building permit. Centennial was seeking damages of $15, 000. • Royal Concrete project —There is no word from the Petitioners (Walpole/Huggins) or the Intervenors (Royal) since our closed session of 10/2/07. Atty Cook was instructed to advise all parties involved with the mediation that we proceed to the Hearing process and let `the chips fall where they may. Unfinished — older, reiterated business: • School Concurrence element to the City's Comp Plan — Met at the Freshman Campus auditorium on 8127107 to review this. I anticipate waiting until the School submits their plan to the DCA for approval prior to the City's Comp Plan amendment process. The City will be expected (probably in Feb/March) to incorporate the School Concurrency Element into our Comp Plan after the school has perfected their submittal. (LaRue concurs) • Main Street/City acquisition of CSX railroad building Previously incl some communication w/ Main St, which revealed that Walpole's were interested in the CSX property with the idea in mind that a 'land swap' might be feasible. • Mandating underground electrical concept (see Ft Pierce Ord) Other Issues by Dept: City Clerk: • Activity Report is attached hereto. Engineering: • NE/NW 9"' St & 441 traffic signal — FDOT agreed to conduct another traffic study this February. • Discuss new building elevation reauirements — There was some discussion about this in connection with the Storm water plan relating to local Code modifications. Discussed at 2120107 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 of noise, trafc,'drainape and utilities on surrounding properties, and avoid unnecessary impervious surface cover. • DOT bypass discussion —Nothing new to report. Fire: • Fire Union negotiation — Sent a letter (attached) on 1/30/08 describing the potential impasse issues and am awaiting a response. • Medical Director — As EMT's the Fire Dept is required to have a Medical Director to more or less `vouch' for our employees, according to FL Statute. Until now the City has more or less been under the auspices of the County, but effective Jan 1s` that option is no longer available to us. The Hospital ER Dept Head has expressed that we need to pay on an employee basis and the Chief is negotiating that cost. Nothing new to report. • Brantley Code issues - Reported to you that we met with the eventual developers and the contractual terms should prompt Brantley to expedite Page 3 cleanup. Have asked Code Enf to take pictures and start compliance action...all over again, as far as I'm concerned... ascertain timelines etc. Property is slowly being cleaned up and the Judgment was lifted due to payment of lien. Again, the 1019107 Code Board recommendation to the City Council was that no action be taken to reduce the `civil judgment' (as requested by Brantley) until all parcels have closed (sold). General Services: • Activity report is attached. Note that we had 32 permits in Jan none of which were new housing or that require impact assessment. India, Betty and I met to discuss improving the Business licensing procedure/ inspection. • Migrant housing update — 306 NW 10th Avenue - Waiting for notarized letter from Fred stating the owner will not, in the future, be using this property for a migrant facility. 403 SW 3rd Street - Picked up SE papers 12/18/07, not returned (This property is within , 1,000 feet of school and church). Code is sending a letter stating this. 608 SE 12th Avenue - Went before the last code board meeting and was given 60 days to cease and desist. 207 SW 10th Avenue - being monitored by Fred, not residents 720 NW 9th Drive - PB would have denied, Mr. Ayala withdrew petition due to being to close to existing migrant facility on NW 9th Avenue and the existing church. Fred is monitoring 625 NE Park Street - Waiting on letter from Fred from the owner stating this property will no longer be used as migrant facility. • RV's in trailer Park Code violation — the latest Code issue we are pursuing is the year round parking of RV's in various trailer Parks in town. They require a special exception and we are investigating if any have done that, and which ones are in violation. • Blue Heron development (SE Contractors) — Still nothing new on this. Again, they the last proposal is a Mixed Use PUD for their Timeshare and Condo development. • Fee schedule for building permits et al —Have list of County fee structures. Reviewing those fees w/ Independent Inspectors and City Clerk has offered to conduct a `dme study' as to actual costs associated w/ fee generation and arrive at fee schedule. Police: Radio Equipment — As you know, post 9111 and the hurricanes has fostered a push to develop an intra-department (State wide) communication improvement. The 800 MHz system is that solution. My understanding is that inevitably, the lower bands are to be used for data transmission. Briefly, according to Asst Threewitts, the County is closer to securing a grant for purchasing the new 800MHz system, which includes funding for the City's. Last week we had a conf call w/him, the radio tech, and our staff, and reviewed our needs, costs, etc. Page 4 According to a spreadsheet provided by the County, the City's portion would be $418,179, and is 80% grant funded, leaving a price tag of $63,404. These are only est., based on some 75 units, incl mobiles, portables and desktops ... a complete renovation of our system. We are prob a few months away from hard numbers and decision -making, but clearly, the cost has always been a huge concern. Our equipment is clearly antiquated and this will be a great opportunity to update same. With the Police Dept, a computer system was top priority w/ radio update a clear second. The Fire Dept has a system that is some 30 years old. Public Works: • Activity Report info: Public Works has been busy with the cleaning of right-of-ways. Trim Trees. Re -set timing on traffic lights. MLK parade. Normal inspections. • Commerce Park Lakes — Oscar continues to work on the grant funded lake excavation project. I'm song I don't have a bid acceptance date on this... hope to soon! • Street Asphalt project - Again, fine tuning the project which includes curb installation around blvds, sidewalk and ramping, etc., and hope to have this project bid ready soon. • Use Commerce Park property for City-gara-ge use — I've advised DPWks Robertson to clean up the garage grounds area and clean up an area in the north side of Lot 15, Commerce Park to store our junk: The area in the Commerce Park wetland is a continuous cleaning project. Page 5 CITY OF OKEECHOBEE TRANSITION PLAN SUMMARY (07.02) CITY HALL — Two Story Historic Building FACILITY MODIFICATIONS CURRENTLY TARGET OFFICIAL NEEDED IN DATE FOR RESPONSIBLE COMPLIANCE COMPLIANCE FOR YES OR NO COMPLIANCE Restrooms Handicapped NO October 2011 Brian Accessible Unisex Whitehall, City Restrooms and Administrator Insulate Water and Hot Water Pipes Water Handicapped NO October 2011 Brian Fountain Accessible Public Whitehall, City Water Mechanism Administrator Building Braille NO October 2011 Brian Identification Whitehall, City Administrator Building Warning Signals NO October 2011 Brian Whitehall, City Administrator Building Handrails NO October 2011 Brian Whitehall, City Administrator Building Elevator NO October 2011 Brian Whitehall, City Administrator POLICE STATION — Constructed in 2000, One Story Building, Only Lobby Area is open to public due to security purposes FACILITY MODIFICATIONS CURRENTLY TARGET OFFICIAL NEEDED IN DATE FOR RESPONSIBLE COMPLIANCE COMPLIANCE FOR YES OR NO COMPLIANCE Restrooms Insulate drain pipes NO October 2011 Brian and hot water Whitehall, City heater Administrator Building Braille NO October 2011 Brian Identification Whitehall, City Administrator Building Warning Signals NO October 2011 Brian Whitehall, City Administrator Building Controls NO October 2011 Brian Whitehall, City Administrator 0 FIRE STATION — Two Story Building, Only Lobby Area and Offices on First Floor are open to the general public due to security purposes FACILITY MODIFICATIONS CURRENTLY TARGET OFFICIAL NEEDED IN DATE FOR RESPONSIBLE COMPLIANCE COMPLIANCE FOR YES OR NO COMPLIANCE Building Braille NO October 2011 Brian Identification Whitehall, City Administrator Building Warning Signals NO October 2011 Brian Whitehall, City Administrator Restrooms Insulate drain pipes NO October 2011 Brian and hot water Whitehall, City pipes, lower mirror Administrator and towel dispensers Please note that the City is considering constructing an Elevator in the City Hall Building to the second floor. They would also construct a walkway over to the Fire Station's second floor to connect both buildings. 0 19i9o, TO: Administrator Whitehall FROM: City Clerk Gamiotea DATE: January 29, 2008 Fact Book - The Okeechobee News has been contacting the various departments to verify changes to their "article" in the fact book. Pete will be taking updated pictures at the Feb. 5 meeting of everyone: Mayor, Council Members, Administrator, Attorney, Department Heads. , Cards and Letters sent on behalf of the Mayor, Council & City Staff: Get Well Soon to Alfred Fisher (heart surgery) Birthdays Wishes were sent for January: William Hill, Rennae Sweda, Pam Wilkerson, Frank Irby, Dowling Watford, Adam Crum and Heather Hancock. For February are Sue Christopher, Rick Amiet, Lowry Markham, Kenneth Keller, Melisa Eddings, Betty Clement, Dawn Wendt and Bettye Taylor. Anniversary Wishes for Januarywere sent to: Cleveland & Cheryl Lamb, Devin & Libby Maxwell, Heather & Ty Hancock and Tom & Diane Tamer. For February: Dawn & Joey Hoover and Brook & Debra Conway. Mobile Food Vendors/Hot Dog Man - With the last status report I attached a copy of the ordinance Attorney Cook obtained from Lake City to allow mobile food carts. I did not hear of any response from the Council so I am assuming that they do not wish to re -address this matter. Records Management Program - we are still plugging away at the records. Most all the boxes have been removed from the Fire Department, there are approximately 5 boxes left. Step -Up Okeechobee. The Health Department has initiated a walking program. The information was emailed to everyone City Hall to sign up individually for the Step Up Walking Program. Call Barbara Godejohn, 462-5800, at the Health Department for your pedometer, or you may stop by the library. We are to track our steps daily for 12 weeks, report once a week to Barbara, then the library will post your miles to see how far you walk. The annual evaluations for Brian and John were mailed to the Mayor and Council. This be'on the February 19 City Council Agenda. I will be out of the Office on February 7 as a chaperon for my daughters field trip and February 8 for a FACC Board Meeting in Ocala. Career Day for the Wh and 9"' Graders of Okeechobee is on Friday, February 8, 2008 from 7.30 to 3:00 pm at IRCC. The is the BIG one that we set up all city departments at one booth (or room). To date we have confirmed the following employees: Brook Conway (Fire), Rick Amiet (Public Works), Melisa Page 1 of 2 Eddings (City Hall Offices). The only Council Members I have heard from are Lowry, is scheduled to assist from 11 to 1 and Dowling cannot attend due to a conflict. Pending Items for John Cook - 1 - Being that this item was 5-years old, I gave John notice that I have voided this ordinance and removed the item off my desk. At the Nov. 3, 2003 Council Meeting, proposed Ord. 947 regarding Vested Rights was to be read and set for public hearing, however John asked that it be pulled so that he could amend some of the language in it. We have never re -submitted the ordinance to the Council again, the ordinance number was re -issued but we have it still have the one originally presented in -tact and ready for him to revise and re -submit. 2 - Being that this item was 4-years old, I gave John notice that / have removed the Item off my desk and will no longer remind him I need an ordinance for this. An ordinance needs to be written and presented to the CC for first reading to amend Chapter 90, regarding central business zoning district regulations, it was recommended to be amended as presented by the attorney at the April 27, 2004 LPA Meeting. 3 - Being that this item was 4-years old, I gave John notice that I have removed the item off my desk and will no longer remind him I need an ordinance for this. An Ordinance needs to be written and presented to the CC for first reading to amend Section 90, Article 2 Non -Conforming structures, it was recommended to be amended as presented by the attorney at the July 27, 2004 LPA meeting. 4 - Being that this item was 4-years old, I gave John notice that I have removed the item off my desk and will no longer remind him I need an ordinance for this. An Ordinance needs to be written and presented to the CC for first reading to amend Section 90-511(e) regarding parking and load space requirements for places of public assembly, it was recommended to be amended as presented by the attorney at the July 27, 2004 LPA meeting. 5 - Glades Gas/Monica Clark has explained that she will not be signing the License Agreement with the City for use of the Alleyway behind her new business. John is suppose to issue her a letter (last activity on this was 8/17/06). Since this item will soon be 2 years old (since I've been involved with it, it originally started at TRC in 2003), I've asked John to please have something on this by February 15. 6 - Will be giving John a draft the week of January 29 to review - Amendment to the LDR's to revise the platting procedures to make them more user friendly and add a recommendation by the Planning Board. (Planning Board has already discussed the amendment and recommends approval July 19, 2007). Page 2 of 2 Betty J. Clement Weeks of: December 14, 2007 through General Services Coordinator January 30, 2008 Activity Sheet Building Department - Independent Inspections, Ltd. X Received confirmation that Independent Inspections is about ready to pull the trigger on the new forms. Will keep you updated — still waiting. X Permit ready for pick up for State Farm Office Building. Issuing our first impact fees. As of this writing they have not picked up their permit. We are waiting on the notice of commencement — Contractor is waiting for funding from State Farm. X Ray is fielding many questions from the County regarding the renovation of the old courthouse and addition buildings they wish to construct. X Issued 32 permits in this time period. Fourth quarter of 2007, there was no new construction. January 2008 permits have been issued for sheds, fences, interior remodel, signs, re -roofs, seawalls, slabs, and one SF addition. X We have 9 outstanding and 8 current BTRs at the present time, Ray and John Daum are working on the inspections required. X Jackie has applied to become a notary, due to the new forms needing more notarization. X Building department (Jackie) is working on cleaning out files for record retention. X Casa Bella, development of 37 townhouses to be developed in a single phase on 3.71 acres, located between NW 10th Street and NW 11th Street, west of NW 5th Avenue, NW of Okeechobee is working on obtaining building permits. They have applied for a permit to install a sales trailer on the property. Zoning/Land Use/Special ExceptionsNariances - The January 17th Planning Board Meeting will heard 3 Special Exceptions, one for migrant housing, which was withdrawn, one for residential dwelling in the commercial zoning district, above an existing business (Big Lake Eye Care), approved, one for added height for the Hampton Inn stairwells and portico, approved. Also 3 variance petitions. One for zero setback for a commercial development for Nunez, postponed for 63 days due to SFWMD issues, one for 5 foot offset visibility triangle for Southeast Milk, granted, due to the state taking the applicant's property for widening SR70, and one for zero setback for the County to install a generator for the sheriff's department, that was granted. Technical Review Committee — The January TRC meeting for site plan review heard four applications. The final site plan for The Lakehouse was approved with a few contingencies, the Park Place — Hampton Inn was approved with contingencies, Park Street Business Center for a 6 lot commercial subdivision, pre -application plat review was also approved with issues being agreed to for sidewalks, right-of-ways and additional contingencies, located across from the Post Office, and Bridges Nursery that was postponed for additional requirements and documentation. General Services — Working with the BTR department to move the process along more smoothly, better communication within the departments and with the applicants. Also fine tuning the procedure for issuing CO's. Working with Fred on Code issues as needed. It appears the last step towards building to commence at Southern Trace is the developers agreement. The new form for rezoning, special exceptions and variances is being used. We are now reviewing the Site plan application. Also will be receiving land use change and rezoning for the parcel of land to the south of the existing Visiting Nurses Association. They are planning an assisted living facility with approximately 30 apartments containing one bedroom. The property is currently zoned multi -family with future land use of single family. The parcel next to the VNA is zoned commercial professional office, this is the zoning district the Planning Board is recommending to City Council for special exception use for ALF. This application will be heard at the February PB meeting. Temporary Use Permits — One Temporary Use Permit at this time for a Free Fair at the American Legion. Due to liability purposes, we are adding a few additional requirements for circus' and fairs. The fair will begin January 31st through February 10th. Bids — Sidewalk, curbs and roadway improvements are in the beginning stages. Dhliw W^Are flw-nriMw-F rinnnin no ...i4h n Mn;It, nnrl fnvne OF - pk�FC� ti Cityof Okeechobee ^ .t 1915 A Brian Whitehall Office of the City Administrator January 30, 2008 TO: Union Local #2918 Glen Hodges Karl Holtkamp FR: Brian Whitehall RE: Union Contract The City Council meets again next Tuesday and I ani trying to address several issues not the least of which is the Fire Department Union contract. While the letter is not going to give resolution I wanted to identify the issues and where we are. Our discussion has basically boiled down to the following issues: 1. Annual leave accumulation — which, apparently is agreed to increased to 295 hours 2. Cost of living — while you proposed a three-year contract affording cost of living increases, it appears that, being consistent with other departments, a cost of living increase would be granted, probably retroactive to 10/1/07. 3. Step Plan modification — is rejected at this time 4. Incentive pay or stipends — Much effort has gone into development of stipends however I am finding that there is not a majority of support to adopt the measure at this time. The Council indicated at the meeting wherein Union matters were discussed, that this issue would be reviewed in connection with the next budget year. 5. Asst Chief Douglas — have we determined the Union status of this employee? 6. Department consolidation ex City/County — The City Council labored over this article and finally directed the Attorney to address same. There is a dilemma that governmental entities have contingencies placed on contractual agreements relating to budgetary constraints. The Attorney pointed out that the City has other contract/agreements that include this restriction, both between the City and private sector and between the State and the City... it's a 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fox: (863) 763-1686 statutory restriction. After some discussion the City Attorney has offered up the following language: "If during the term of the existence of this contract, the f re services of the County of Okeechobee and the City of Okeechobee are consolidated into one department, the City shall negotiate the terms of that agreement by including a request that all then - current firefighters within the City are carried over as full time employees of the new entity. " Please advise as to your confirmation that these are the remaining unresolved issues. Sincerely, �c v � Brian 'tehall Administrator C: Chief Smith I