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2008-02-19
CITY OF OKEECHOBEE FEBRUARY 19, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: February 19, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson V. MINUTES - City Clerk. A. Motion to disDense with the reading and approve the Summary of 18 Regular Meeting. PAGE I OF 9 Mayor Kirk called the February 19, 2008 Regular City Council Meeting to order at 6:00 p.m. Pastor Mershimer of the Okeechobee Presbyterian Church 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 Council Member L. Williams moved to dispense with the reading and arr)rove the Summary of Council Action for the February 5, 2008 Regular Meeting; seconded by Council Member Watt �rd. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 2 OF 9 67 AGENDA }� COUNCIL ACTION DISCUSSION VOTE V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2008 Warrant Register: General Fund ............................... $531,911.74 Capital Improvement Projects Fund - Vehicles ........ $18,000.00 Public Facilities Improvement Fund ................ $11,143.17 Community Development Block Grant Fund .......... $1,869.00 VI. AGENDA - Mayor. Council Member Watford moved to approve the January 2008 Warrant Register, in the amounts: General Fund, five hundred thirty-one thousand, nine hundred eleven dollars and seventy-four cents ($531,911.74); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Public Facilities Improvement Fund, eleven thousand, one hundred forty-three dollars and seventeen cents ($11,143.17); and Community Development Block Grant Fund, one thousand eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. There was no discussion on this item. VOTE 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 III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. New Business Item E was added to consider a resolution and Mr. Tootle will be heard should he attend. VII OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 11 MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:08 P.M. A.1. a) Motion to read by title only, proposed Ordinance No.1007 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1007 regarding Alley Closing Alley Closing Application No. 86, submitted by Steve Dobbs, P.E on Application No. 86, submitted by Steve Dobbs, P.E. on behalf of property owner, Fosler, LLC; seconded by Council behalf of property owner, Fosler, LLC - City(Exhibit 1). 1 Member L. Williams. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1007 by title only. Attorney Cook read proposed Ordinance No.1006 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITYCLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERKOF THE CIRCUIT COURT (NAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 3 OF 9 AGENDA COUNCIL ACTION�USSION • 11Q70 -� VII. PUBLIC HEARING CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No.1007. b) Public comments and discussion. c) Vote on motion. Council Member Markham moved to adopt proposed Ordinance No.1007; seconded by Council Member L. Williams. Mayor Kirk asked whetherthere were any questions or comments from the public? Mr. John Abney, President of Abwill Development submitted a written correspondence to Mayor Kirk requesting that it be made part of the public record during the public hearing: "My family corporation, Abwill Development, Inc., was a previous owner of this City Block 28. Abwill Development Inc., still owns City Block 39 to the South where a lake%id shell mining pit is located. I installed a fence on the South, East and North property lines of City Blocks 28 and 29 in the 1980's during my ownership of the property. This fencing abutted the existing East fence of the State Road Department Compound. The fencing is presently still in place. As residential development of the property to the East and Northeast of City Blocks 28 and 39 took place the fencing has and still is providing a physical access barrier to the inherent dangers of the lake. With the proposed residential townhouse development, Casa Bella on Block 28, there will be increased exposure to the lake. The public safety of especially children must be maintained by the relocation of the existing fencing. ► am requesting the City Council's consideration for the requirement of the developer of City Block 28, in the interest of maintaining the existing public safety to relocate the existing fencing. This fencing would be relocated to the South property line of City Block 28' running East/West from the State Road Department Compound to the existing chain link fence. It is with sincere anticipation the City Council will share with me my concern for the public safety of the residents of the City in this area by addressing my request. Your consideration of my request is very much appreciated." The Council, Project Engineer Steve Dobbs and property owner, Randy Simler briefly discussed the fencing and re - sloping the parameter for the appropriate drainage. Mr. Simler committed to having an appropriate fence on his property to maintain the public safety between his development and the lake to the South. VOTE KIRK - YEA MARKMM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No. 1008 Council Member Watford moved to read by title only, proposed Ordinance No.1008 amending the Land Development amending the Land Development Regulations pertaining to assisted Regulations pertaining to assisted living facilities and hospitals; seconded by Council Member L. Williams. living facilities and hospitals - City Planning Consultant (Exhibit 2). FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 4 OF 9 W AGENDA III. , _.. COUMCI! ACTION = DtSCISSI0N;-1/OTE VII. PUBLIC HEARING CONTINUED. B.1. 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 adopt proposed Ordinance No.1008. b) Public comments discussion. c) Vote on motion. C.1. a) Motion to read by title only, proposed Ordinance No.1009 pertaining to emergency restriction water usage - City Attorney (Exhibit 3). b) Vote on motion to read 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, FLORIDAAMENDING ORDINANCE714 LAND DEVELOPMENT REGULATIONS, ASAMENDED, AMENDING DIVISION 6 SECTION 90-223; DIVISION 7, SECTION 90-253; DIVISION 8 SECTIONS 90-282AND 90- 283; THEREOF, TO INCLUDEADDITIONAL SPECIAL EXCEPTION USES TO THOSE LAND USE CATEGORIES, MAKING ASA SPECIAL EXCEPTION USEASSISTED LIVING FACILITIESAND HOSPITAL IN SUCH DIVISIONS; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No.1008; seconded by Council Member Watford. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council and Attorney Cook briefly reviewed the proposed amendment that addresses assisted living facilities and hospitals, as they were not appropriately addressed in the Land Development Regulations of the Code Book. The Planning Staff and Planning Board are recommending approval of the amendment. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No.1009 pertaining to emergency restriction water usage; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 70 FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 5 OF 9 AGENDA' GOUNCLIL ACTION DlStrlSStQN - VOTE VII. PUBLIC HEARING CONTINUED. C.1. 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 CREA TE ARTICLE IV, SECTION 30-88, EMERGENCY RESTRICTION WATER USAGE, SECTION 30-89, ENFORCEMENT OF EMERGENCY RESTRICTION WATER USAGE; PROVIDING FOR CONFLICTS AND SEVERABIL►TY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No.1009. Council Member Markham moved to adopt proposed Ordinance No.1009; seconded by Council Member L. Williams. b) Public comments discussion. Mayor Kirk asked whether there were any questions or comments from the public? There were none. Council Member C. Williams made a motion to amend the original motion of adopting proposed Ordinance No.1009, by changing the fees from $500 to $100 in sub -paragraph's f and g; seconded by Council Member Markham. Mayor Kirk interjected that he understood Council Member C. Williams concern. However he offered the example: "if I am going to let my yard starve from water and my neighbor does not because he has an extra $100, that will not be good situation, the fee needs to be high enough to get their attention. Council Member Watford asked, how will this work? The following analogy was offered, the citation is issued, then they (violator) can appear before the Code Board to explain their situation, for example, they were on vacation and forgot to re -set their timers. Then should they appear again, the Code Board can say you forgot last time, so this time you need to pay $250 or whatever fee the set, and should they do it again it would be $500. c) Vote on motion. VOTE ON MOTION TO AMEND KIRK - NO MARKHAM - YEA WATFORD - NO C. WILLIAMS - YEA L. WILLIAMS - NO MOTION TO AMEND DENIED. VOTE ON ORIGINAL MOTION KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 6 OF 9 71 u AGENDA VII. PUBLIC HEARING CONTINUED. D.1. a) Motion to read by title only, 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. c) City Attorney to read proposed Ordinance No.1010 by title only 2. a) Motion to adopt proposed Ordinance No.1010. b) Public comments discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. COUNCIL ACTION . DISCUS, ION..VOTE Council Member Watford moved to read by title only, 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. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 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 90-53Z 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." Council Member Markham moved to adopt proposed Ordinance No.1010; seconded by Council Member C. Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The Council briefly discussed the proposed amendments with staff. Both the Planning Staff and Planning Board are recommending approval of the amendment to the Land Development Regulations sections of the Code Book. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:54 P.M. 72 FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 7 OF 9 AGENDA COUNCIL ACTrON - DimU§910 a Vf TTE Vill. NEW BUSINESS. D. Discuss annual evaluation for Attorney Cook. At the request of Attorney Cook, the item of reviewing his annual evaluation was moved to the beginning of new business to allow him to leave the meeting early in order to attend his daughter's birthday dinner. Each Council Member forwarded their completed annual evaluation on Attomey Cook to Mayor Kirk, who then calculated an average score of 3.55 out of a 5.0. The evaluations were forwarded to the City Cleric. They will be a matter of public record and part of his official personnel file. The Mayor and Council thanked the attorney for his dedication to the City. A. 1. a) Motion to read by title only, and set March 28, 2008 as a final public Council Member Watford moved to read by title only, and set March 28, 2008 as a final public hearing date for hearing date for proposed Ordinance No. 1014 regarding Alley proposed Ordinance No. 1014 regarding Alley Close Application No. 87, submitted by LEMAC, LLC (Affordable Auto), Close Application No. 87, submitted by LEMAC, LLC (Affordable closing the North to South alleyway between Lots 1 to 3 and 7 to 9 of Block 7, South Okeechobee; seconded by Auto), closing the North to South alleyway between Lots 1 to 3 and Council Member L. Williams. 7 to 9 of Block 7, South Okeechobee - City Attorney (Exhibit 5). b) Vote on motion to read by title only and set the final public hearing VOTE date. 11 KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1014 by title only. Attorney Cook read proposed Ordinance No. 1014 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE C►TYCLERK TO RECORD THE ORDNANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1014; seconded by Council 1014. 11 Member C. Williams. b) Discussion. The Council briefly discussed the possibility of enacting a moratorium on street/alley closing applications. Clerk Gamiotea noted there are at least three applications out in progress. Should the Council impose a moratorium, would she be able to accept those applications? They are not considered "received" by her department but the applicants are working on getting them completed. Mayor Kirk answered, yes. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 8 OF 9 AGENDA COUNCIL ACTION' ©ISCUSSION -VOTE. Vlll. NEW BUSINESS CONTINUED. B. Motion to approve a recommendation from the Code Enforcement Council Member Watford moved to approve a recommendation from the Code Enforcement Board and start Board and start foreclosure proceedings on Case No. 07-077, foreclosure proceedings on Case No. 07-077, William Rose, 928 West South Park Street - City Attorney; seconded William Rose, 928 West South Park Street - City Attorney (Exhibit by Council Member C. Williams. 6). There was a lengthy discussion between Chief Smith, who gave an overview of the case. Attorney Cook and Mr. William Rose, who explained some issues regarding a former employee who signed for the notices from the City and did not give them to Mr. Rose. He was not present at the Code Board Meeting in order to explain the situation to the Board. The Mayor and Council recommended Mr. Rose request to address the Code Board at their next meeting to address this issue. Mayor Kirk recommended that the motion and second be withdrawn from the table, as opposed to voting against the motion based on a recommendation from the Code Board. The motion and second were withdrawn from the floor. No official action was taken at this time. Mr. Rose was instructed to address the Code Board at their next meeting. Chief Smith will then follow up with the outcome of the meeting. C. Discuss annual evaluation for Administrator Whitehall. Each Council Member forwarded their completed annual evaluations on Administrator Whitehall to Mayor Kirk, who calculated an average score of 4.825 out of a 5.0. Mr. Whitehall thanked the Council for their confidence in him. The evaluations were forwarded to the City Clerk. They will be a matter of public record and part of his official personnel file. ITEM ADDED TO AGENDA: E. Motion to adopt proposed Resolution No. 08-03 regarding the police Council Member Watford moved to adopt proposed Resolution No. 08-03 authorizing the lease of police cars; car lease purchase - City Attorney (Exhibit 7). 11 seconded by Council Member Markham. Mayor Kirk read proposed Resolution No. 08-03 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF OKEECHOBEE, FLORIDA,AUTHORIZINGTHE LEA SE-FINANCINGOFCERTAIN EQUIPMENT THROUGH EXECUTION OF MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR EQUIPMENT, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH, AND PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. 73 74 FEBRUARY 19, 2008 - REGULAR MEETING - PAGE 9 OF 9 AGENDA ,, COUNCIL ACTION - DISCUSSION - uOTE IX. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:38 P The next Regular Meeting is scheduled for March 4, 2008. Please take notice and be advised that when a person decides to appeal any decision made by the City Councii 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 purpose of backup for official records of the Clerk. James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk • • Page -1- CITY OF OKEECHOBEE - February 19, 2008. REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTE CALL TO ORDER - Mayor: Feb 19, 2008, City Council Regular Meeting 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor Loy Mershimer: Pledge of Allegiance led by Mayor Kirk. 111. 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. MINUTES - City Clerk. A. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the 2/5/2008 Regular Meeting with page 7 revisions, seconded by Council Member Watford. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. V. WARRANT REGISTER - City Administrator. A. Council Member Watford moved to approve the January 2008 Warrant Register, in the amounts: General Fund, five hundred thirty-one thousand, nine hundred eleven dollars and seventy-four cents ($531,911.74); Capital Improvement Projects Fund - Vehicles, eighteen thousand dollars ($18,000.00); Public Facilities Improvement Fund, eleven thousand, one hundred forty-three dollars and seventeen cents ($11,143.17); and Community Development Block Grant Fund, one thousand eight hundred sixty-nine dollars ($1,869.00); seconded by Council Member Markham. There was no disucssion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X Page -2- MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? Item E resolution, will add Tootle if he shows up. VII. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:08 P.M. A.1. a) Council Member Watford moved read by title only, proposed Ordinance No. 1007 regarding Alley Closing Application No. 86, submitted by Steve Dobbs, P.E on hbelaf of property owner, Fosler, LLC - City Attorney (Exhibit 1); seconded by Council Member L. Williams. b) Vote on motion to read by title only. 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 CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2, a) Council Member Markham moved to adopt proposed Ordinance No. 1007; seconded by Council Member L. Williams. b) Public comments and discussion. Mayor noted a letter from John Abney requesting to be read into the record Feb 4 2008 addressed to Mayor and Council, reference to public hearing item I will not be able to be present on the above request city council make my letter a part of the public record: "My family corporation, Abwill Development, Inc., was a previous owner of this City Block 28. Abwill Development Inc., still owns City Block 39 to the South where a lake/old shell mining pit is located. I installed a fence on the South, East and North property lines of City Blocks 28 and 29 in the 1980's during my ownership of the property. This fencing abutted the existing East fence of the State Road Department Compound. The fencing is presently still in place. As residential development of the property to the East and Northeast of City Blocks 28 and 39 took place the fencing has and still is providing a physical access barrier to the inherent dangers of the lake. With the proposed residential townhouse development, Casa Bella on Block 28, there will be increased exposure to the lake. The public safety of especially children must be maintained by the relocation of the existing fencing. I am requesting the City Council's consideration for the requirement of the developer of City Block 28, in the interest of maintaining the existing public safety to relocate the existing fencing. This fencing would be relocated to the South property line of City Block 28 running East/West from the State Road Department Compound to the existing chain link fence. It is with sincere anticipation the City Council will share with me my concern for the public safety of the residents of the City in this area by addressing my request. Your consideration of my request is very much appreciated. Respectfully submitted, John W. Abney, Sr." Steve dobbs on behalf of fosler just been made aware of the fence letter my client received a letter from the code enforcement officer, letter was distributed just before the meeting, also areial of the property, lake and fence our plans we were going to have north end of lake regraded in accordance with sfwmd slope in the city s right of way and part of our plans here lakes with subdivision all over with these to protect the residencts of this development bar pit was done long before sfwmd had regulations on this my client intends to make this a safe area and whatever the city would like owners to have access to the lake that is in the city right of way reclaim and make nice visually pleasing clean it up regrade it in the sfwmd manner. Mayor 2 stakes what did you say the first one was red state is the property corner, south property line of casa Page -3- bella we don't know what the other state was. Only concern I have and stated in the letter deffientily a safety issue with the pond, didn't feel comfortable even walking through there as you said it was very grown up. Real concern we have a development lake fenced in Randy Simler, one of the owners, being the 10th street only being a paper street, put chain link fence on paper street to keep no one from going down in there. Mayor if your willing to put a fence up across there I would not have any objection to that. Randy no problem with that whatsoever. Lowry how much property is between . Accordion to our survey the lines on the property appraisers map is quite right. Enough room to put the fence through there. Section EE, re -slope 4 to 1 put a good berm and then fence on top of that to make a good line on top of there to put a fence on it, fence will be on there property. Dowling but we want the fence to be on there property Randy no problem with it being on my property my maintenance okay. Lowry right on his property. Clayton so the water will be total enclosed. Steve yes sir. Okay because attractive nuisance is a liability. Dowling, are your saying that you are going to put the slope on the city right of way and don't do we have to give you the authority. Steve generally if its on my plans and they are approved I assume I have th eauthority to do it. Dowling are we okay to be in ther eon this. John have we issued a developers permit. No. Do you feel we have adaquate addressed mr abneys concerns. I think his concerns were the same as mine and if they put a fence down their property line that's all we can ask them to do and I appreciate them doing that. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B.1. a) Council Member Watford moved to read by title only, 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 MARKHAM X WATFORD X C. WILLIAMS 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, ASAMENDED, AMENDING DIVISION6SECTION90 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 Watford. b) Public discussion and comments. None. Cook, worked with bill and betty on this some confusion with the hospital part of it, while the assisted Iving a permitted use. Page -4- Clayton whats the definition of a assisted living? John there is a specific definition in the florida statute and I do not know it exactly. Lowry I don't' have a problem with the way it is. Dowling agree nursing home would be more like a hospital so it thats something we need to look at differently. Herb worked with different scenerio's my codes speak to different ways they are, nuring homes have bed ridden patients but assisted living is similar but a little different. Lowry doesnt it have to do with the number of beds and th eplannin gboard wanted a set number of beds to go by, andit makes it more complext. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C.1. a) Council Member Watford moved to read by title only, 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. 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. 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." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1009; seconded by Council Member L. Williams. b) Public discussion and comments. None. John discussed with Melisa, back in early 90s we did this by resolution, and by doing it iwth an ordinance it will always be there when we need it. Clayton paragraph g it says either code board or county clerk of court, that will determine how they are cited. Dowling think we need to do our fair share to support this. Clayton I'd liek to make a motion to amend from $500 to $100 in sub paragraph f and g; second by Markham. Kirk if I'm going to let my yard stave from water and my neighbor doesn't because he has an extra $100 that is not good it needs to be a high enough amount that we get their attention. Dowling how will this work with the citiation is issued and then they can go to the code board and say I was on vacation and I forgot to set my timers and then if he appears again they can say you forgot last time so this time you need to pay $250 and if they do it again it would be $500. Page -5- Vote on Motion to amend: VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: DENIED. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK x MARKHAM x WATFORD x C. WILLIAMS x L. WILLIAMS x MOTION: CARRIED. D.1. a) Council Member Watford moved to read by title only, 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. 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. 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 adopt proposed Ordinance No. 1010; seconded by Council Member C. Williams. b) Public discussion and comments. None. John, worked with this with planner and clerks office some items weve convinced developers to do and not in ordincne and planning board thought better to have them in the ordinance so would be consistent. 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 6:54 P.M. • Page -6- Vill. NEW BUSINESS. Move attorney's evaluation to front. Discuss annual evaluation for Attorney Cook. Highest possible score is 5.0 excellent, etc for a rating of 3.55. Keep in mind that our attorney is part time and hes not here on a full time basis and as we evalute him. I don't disagree with any of the evalutions. Attorney left th emeeting at 7:02 p.m. A.1. a) Council Member Watford moved to read by title only, and set March 28, 2008 as a final public hearing date for proposed Ordinance No. 1014 regarding Alley Close Application No. 87, submitted by LEMAC, LLC (Affordable Auto), closing the North to South alleyway between Lots 1 to 3 and 7 to 9 of Block 7, South Okeechobee - City Attorney (Exhibit 5); 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) Mayor Kirk read proposed Ordinance No. 1014 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAYAS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED 1N PLAT BOOKS, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1014; seconded by Council Member C. Williams. b) Discussion. Watford glossed over the idea to look at a mortiorum on the street and alley closings. Clerk clarieief there were at least 3 applications out in progress. Those can continued. Markham don't know there needs to be a mortiurium but they need to be looked at a lot closer. Brian stormwater management has become a big player in these closings. I know the developermtn of criteria, and we need to have a work cut out for staff, Mayor right and this is a case tha tone size does not fit all. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. Council Member Watford moved to approve a recommendation from the Code Enforcement Board and start foreclosure proceedings on Case No. 07-077, William Rose, 928 SW Park Street - City Attorney (Exhibit 6); seconded by Council Member C. Williams. Chief Smith can summarize, Mr. Rose is here, I didn't work the case personally Sterling did and I've been briefed on it, written up for mowing debris and no BTO for 3 different companies, meaning 3 different signs of companies on the property and they did not have permits for the signs either. Names and pictures of the signs. July 27, Amy Rose received the violation signed Sept 27 sterling advised rose to speak with Barnes and Bermudez and further information that administrator had given to rose prior to the Nov 07 mailed, signed by Katerine harsh As of January 15, 2008 he was found to be in compliance. Lien order from code enforcement board. There is a recorded lien - need to get copy of this from Chief Smith. • 0 Page -7- Administration fees is the $25.00. neet of get copy of the break down of the fee. Did Mr. Rose appear at the last code board meeting. No sir. William Rose, fred sterling came by and said I needed to come into compliance and he said for mulitple busienss and I said for what busienss and we split all our businesses, still had the signs, wanted to sell the aluminum, they came out and said I needed to get a permit for the signs. Came down and tried to resolve everything. Him dropping off stuff at the store never got to me. I never saw that these proceedings was going on. Some mis communications on my behalf and the city's behalf, dealing with some personal issues as well, then I saw everything in the paper and wanted to tell you everything that was going on, don't feel I was doing anything that warrented these fines, fred said he couldn't talk with me about all these things, retail aluminum, through my retail store, dowlign so you haven't actually been to a code board meeting, and that person who signed your cards is no longer there, I'd like to see this go back to the code board, always hesitant to foreclose on someones property. The code board may have a differnent idea, had they heard different facts, for them to review it. Don't pass moiton give hime opportunity nd then give then a chance to hear th eother side. Mayor thinks he should go back to the code board as well. Don't' want the code board to think we voted against something they gave a recommendation on. Motion and second was pulled. No offiicial. C. Discuss annual evaluation for Administrator Whitehall. Mayor again rating listed, 4.825. Thank you for the great evalutions, thank you for the council, thank you for taking in our consideration and reward us every meeting by doing that. D. Discuss annual evaluation for Attorney Cook. ITEM ADDED TO AGENDA: Council Member Watford moved to adopt proposed Resolution No. 08-03 authorizing the lase if police cars; seconded by Council Member Markham. Mayor Kirk read proposed Resolution No. 08-03 by tit e noly as follows: VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. IX. MAYOR KIRK ADJOURNED THE MEETING AT 7:38 P.M. AFFIDAVIT& PUBLISHER OKEECH EE TIMES • 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #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 02/14/2008 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. Jame§'A. Hughes, Jr., (Publisher),! Sworn to and subscribed before me _ this day of A. D. 2008 R osealee A. Brennan (SEAL) Notary Public `b_ Commission#DD318483 Expires: Jun 25, 2009 4 P Bonded Thru Atlantic Bonding Co., Inc. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN. that the City Council of the City of Okeechobee will meet in Regular Session onTuesday, February 19, 2009, 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 212 PLEASE TAKE NOTICE AND BE AD- VISED that if any person desires to appeal any de- cision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the proceedings, and for such 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 for the Clerk's Office. In accordance with the Americans with Dis- abilities Act (ADA) and Florida Statute 286.26, per- sons with disabilities needing special accommoda- tion to participate in this proceeding should contact Lane Couniotes, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222- 3448 (voice) or 1-888-447-5620 (TIY), by: lames E. Kirk. Mayor Lane Gamiotea, CMC, City Clerk Publish: 02/14/2008 Okeechobee Times CITY OF OKEECHOBEE FEBRUARY 19, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 CALL TO ORDER - Mayor: February 19, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 5, 2008 Regular Meeting. C�tY pdministrator. pNT REGISTER . ister. V W ARR 2008 W arrant Reg Motion to aPPrOVe the JanuaN A �531,91174 � 18,004.00 General Fund Vehicles � 11,143.17 Capitol P(Ole cts- public FaciCaes Fund fund 1,$69.00 CpgG enda. on today's ag on behalf of proper�l AGENDA - May°r. Steve Dobbs, V►• . ion, deferral or withdrawal of item mittedbY Requests for the add►t or. sub A• p1NANCE pDOpT10N -May licat�on No. 86, .1007 regarding Alley Closing APP N PUBLIC HEARING FOR OR Vtl. OPE osed Ordinance No b title only Attorney �eXhIWit 1). A 1 a) Motion to read -City owner, Faster, LLC e on motion to read by title only title anly to read PrOP . b) Vol Ordinance No.1007 by Cit Attorney °sed �) y 1007 t Ordinance NO• hospitals 2-a) Motion to adop tivingfiacilities and ulations pertaining to assisted Public C°mments and discussion. b) vetopmentRe9 o) Vote on matron. 4o.1008, amendingthe Land �e roposed Ordinance to read by title only Exhibit 2). B.1.a) Motion Consultant ( City Planning e an motion to read by true only. t�tte only. b) Vot Ordinance No- 100$ by c} C tY i pttarney to read proposed FEBRUARY 19, 2008 PAGE 4 OF 4 VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set March 18, 2008 as a final public hearing date for proposed Ordinance No. 1014 regarding 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 Attorney (Exhibit 5). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1014 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1014. b) Discussion. c) Vote on motion. B. Motion to approve a recommendation from the Code Enforcement Board to start foreclosure proceedings on Case No. 07-077, William Rose, 928 SW Park Street - City Attorney (Exhibit 6). C. Discuss annual evaluation for Administrator Whitehall. D. Discuss annual evaluation for Attorney Cook. 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. FEBRUARY 19, 2008 PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt Ordinance No. 1008. b) Public discussion and comments. c) Vote on motion. C.1.a) Motion to read by title only proposed Ordinance No. 1009, pertaining to emergency restriction water usage - City Attorney (Exhibit 3). b) Vote on motion to read by title. c) City Attorney to read proposed Ordinance No. 1009 by title only. 2.a) Motion to adopt Ordinance No. 1009. b) Public discussion and comments. c) Vote on motion. DA .a) Motion to read by title only 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. c) City Attorney to read proposed Ordinance No. 1010 by title only. 2.a) Motion to adopt Ordinance No. 1010. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. EXHIBIT NO. JAN 15 - it READ EXHIBIT NO. FEB 19"' - FINAL ORDINANCE NO. 1007 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 86) from Steve Dobbs,P.E., on behalf of the property owner(s), Fosler, LLC (a Florida Limited Liability Company), for the closing of a certain alleyway as described in this ordinance to utilize the property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running East to West located between Lots 1 through 10 and Lots 17 through 26, inclusive of Block 28, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 19h day of February, 2008, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 151h day of Januarv, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 PASSED and ADOPTED on 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 2 of 2 I V 0 �F• C �e1 MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk �y Subject: Alley Closing No. 86 Date: November 28, 2007 Attached is a completed alley closing application submitted by Steve Dobbs on behalf of property owners Fosler, LLC, to close the East to West alleyway located in Block 28, between Lots 1 to 10 and 17 to 26. The purpose of the alley closing is to utilize the area for a multi -family development and drainage. Utility companies, Embarq, Comcast and OUA, do not require any type of easement. FP&L has no objection with this alley closing, except they noted that they will need an easement for future power. City Engineer Bermudez objects to the alley closing due to drainage problems in the City. Administrator Whitehall is in agreement with Engineer Bermudez. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alleyway and present it for first reading at the January 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. ZAii� pa'je November 21, 2007 City of Okeechobee 55 SE 3' Avenue Okeechobee, FL 34974 Job No.: 2007-237 Subject: Application for Alley Closing Project: Casa Bella Dear Reviewer: On behalf of our client, please accept the attached submittal for the Alley Closing regarding the above noted development. Materials required per the application instructions are enclosed as well as the application fee in the amount of $25.00. Please contact our office as to the sufficiency of this application at your earliest convenience. Please do not hesitate to contact me should you have any questions or require additional information. Thank you, /r Marci S. Weseman Administrative Assistant Rudd Jones, P.E. and Associates, P.A cc: Randy Simler File go1Vw'Pa7'* -5)w - 5WP'A - • qm-' ear fl- 3497;1 - 17ww8614167-W76 • F-r 863 �67 GY.cl1 repared By 7, CITIZENS TITLE ONLINE INC 10235 W SAWLE ROAD SUITE 206 CORAL SPRINGS, FL 33065 PTSONAr RFPI�F,rJ'jIyE DEED • File No.. 92070816 i This Indenture made this If day ofOCTOBER AD. 2007 between i NYSOLA GRANT AS PERSONAL REP OF TM ESTATE OF: MELTON GEORGE, GRANT as Grantor*, whose address Es.-14432 WELLILINGTON TRACE WELLINGTON, FL33414 . and FOSLER, LLC as Grantee*, whose address is:728 SANDPIPER WAY NORTH NORTH PALM BEACH; FL 33408 WrMESSL-M That said Grantor, for and in consideration ofthe sum of TEN AID 00/1001S ($10.00) Dollars and other good and valuable considerations to said grantor in hand paid OP said grantee; the receipt whereof is hereby aciarowledged, has granted, bargained and sold to the granted and grantees heirs and assigns forever the following described land located in the County of OKEECHOBEE State of Florida, to -wit: LOTS I THROUGH 10, INCLUSIVE AND LOTS 17 THROUGH 26 INCLUS" BLOCK 28, CITY OF O KEECHOBEE. , ACCORDING TO THE PLAT OR MAP T) IEitEOF D CRIBED IN PLAT BOOK 5, AT PAGE(S) 5, OF THE PUBUC RECORDS OF OKEFCgO13EE COUNTY, FLORIDA_ Property Tar TO Namber.3-M37 354010-002WO010, R3-15-37-3 5-0010-002 B -Q I00 3-15-37-35-0010-00280-0170 and 3-15-37-3-0010-00280-0180 SU133ECT TO easements, restrictions and reservations of record, if any but this shad not reimpose same and taxes for 2007 and subsequent years. Said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims ofnll persons whomsoever. *Singular and plural are interchangeable as context requires_ IN W rMSS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first - above written, (WrrNESS 1),I SIGN AND FRUIT NAME /NYSOLA ()RANT, AS PER AL R PUAT1VE OF THE ESTATE OF WELTON OMPOE GRANT (W rrNESS 2) SIGN AND PRMTNAME StateofF RIDA County ofM •"-� - l�[a . tr— - . . The foregoing instnmrent was acknowledged before mean this 2007 by NYSOLA GRANT is personally known to me or who has produced DL as identification and did Cake any oath. My Commissions Expires: E. B. McIAM18el_ g~ 27,E 3 r1ov UO U1 VJa.:rro • - -a--- Z;Iw Authored Signature Typed Name & Title nature Typed Name 8 Title Phone No_ Date. Phone No_ Date razed gnature Typed Name & TtUe Phone No Date Clkaat�hnhpra Stth& -meta- 6-,-., �r t f �, • u,z9-z,% Authorized Signature Typed Name & Title Phone No. Date • Voice I Data I Internet' Wireless I Entertainment November 20, 2007 Rudd Jones, P.E. & Associates, P.A. 210 NW Park Street, Suite 204 Okeechobee, FL 34972 pafe 5 EMBARQ Embarq Corporation Mailstop: FLAPKA 0305 P.O. Box 165000 Altamonte Springs, FL 32716- 5000 EMBARQ.com RE: No Object for the Vacation of East/West Alley between NW I& and 11'll Streest West of NW 5 h Ave., Okeechobee County, FL To Whom It May Concern: With reference to the request for a vacation of the alley described above, we do not object to the vacation. If you have any questions, you can reach me at the number shown below. Since ely, Ginny B ing V-1 TT OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 November 20, 2007 Foster, LLC c/o Rudd Jones, P.E. & Associates, P.A. Attn: Steve Dobbs 210 NW Park Street Suite #204 Okeechobee, FL 34974 Re: Abandonment of Alley, Block 28, North Okeechobee Dear Mr. Dobbs: 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 1-10 and Lots17-26 of Block 28, North Okeechobee. OUA does not object to the abandonment of this alleyway. Please let me know should you need any additional information. Sincerely, John F. Ha , P.E. Executive Director Okeechobee Utility Authority Page 3 jA0pUCATION NO. g (Q iNSTR[1CTIONS Affier Pages =and 2 are �o�pieted/ aPPg Return;erdn+e applicabioo to sae City1eri�s. Aiiioe T1♦e.Q4 applipt'wn fee is then paid THE CLERK'S AFFICE iAf#LL HAVE .FOLLOWING °DEPARTMENT SIE�1'_OI`F PUBLIC WORKS . `:DEPARTMENT CTTY ENGINEER Donnie Robertson, Pu is Works Date Oscar Bermudez, City Engineer Date - POLICE. - Denny Davis, Chief of Police Date ® II� LANE GAMIOTEA, CMC, CITY CLERK DAT LANE GAMIOTEA, CMC, CITY CLERK DAT • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Alley - Closing From NW 5a' Ave to DOT property, Between NW 10' St and NW I I' St. Date: November 27, 2007 Re: Application from Fosler, , LLC. 728 Sandpiper Way N., N. 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. NW 14TH ST7775 3 7 14 1�11�p9� sms���� -RURT-51 ,UT_ 13 emmeaon� NW 12TH ST C9T_ 17 ALLEY CLOSING APPLICATION NO. 86 SURROUNDING CLOSED STREETS SUP"OUMMM'CILOSSIAIME" 051 0 NW 12TH ST C9T_ 17 ALLEY CLOSING APPLICATION NO. 86 SURROUNDING CLOSED STREETS SUP"OUMMM'CILOSSIAIME" 051 0 1�P0l9GaN �16�r�893�3 N-W-10TH ST (100') VO 1,. 65432 1 4�1 111'j- % 65432 1 70 2.1 2 /Ji 2021 71 1 21 23 0; nsmamm00o� 's��ssma�:9 ) F/. t- -- t, ���IAI� UNION ooaaA��oov�o�� ��������000 t.� TRANSX IZV' RAIWIRO AIN 11 00 000�00 000�00 oo�aoo oom�oo ooa 000mmm 000�m� m �Mmm mm ins �Ismm� -MM wff �� .,mm EM m mm .9m PIWM NEW .9m am mm mm mumm, um 0001m� IONIC M 00000aoo ooaaoo oolloo ooa1oo oaa I tw�1�4' �maonm� .. �o::.,000a�m oo1aoo HIM e� • • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the C'dy Council of the City of i Tuesday, February 19„ 2008 at 8:00 p.m. or as soon 0 all, 55 SE 3rd Ave., Okeechobee, R. conduct a PUBLIC HI consider final reading of the folb'w'mg Ordinance into lav ANCE CLOSING, VACATING AND ABANDONING THE At "SCRIBED HEREIN, WITHIN BLOCK 28, CITY OF OKEE I RECORDED IN PLAT BOOK 5. PAGE 5 OF THE'PII9LL IS OF THE CLERK OF THE CIRC FLORIDA; PROVIDING FOR AN AS The ordinance is regarding Alley Closing Application No. 86, submitted by Steve Dobbs, on behaff of property owner(s) Foster, LLC. The su%ct alley runs East to West between Lots 1 through 10 and Lots 17 through 26 of lock 28, City of Okee- chobee Subdivision. All mein of the public am encouraged to attend and participate in said hearing. The proposed Drdihance may be inspected In its en8rety by members of the ppuublic n the Office of the C ty Clerk during egular business hours, Mon -Fri, Sam-4:30pm, except for holidays TAKE NOTICE AND BE ADVISED that arty person desres to appeal any decision made by the City Council w th 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 ve ba0m 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 official records of the Clerk. In accordance with the Americans with Disability Act (ADA) and Florida Statutes 28626, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days arior to the proceeding at 863-763-3372 x215. if hearing or voice impaired, caul TOO 1-800-222-3448(voice) or 1 -888-447-5620 (TTY) Lane Gamiotea, CMC, CITY CLERK 260335 ON 2J8/08 Sworn to and subscribed before me this ��� ��� t.i:�.il ,L� A.D. 20 �.:� Janettea Thiboul$ day of �-- --- - Commission # DD505311 Expires January 10, 2010 1 << dondea T*oy Fa:n :ns� ance Inc 800-385-7019 N ary Public, State of Florida at Large reD 10 VO VD.UUP r\. rVMt31 City of Okeechobee Code enforcement January 4, 2008 FOSLER LLC 728 Sandpiper Wray North North Palm Beach, FL 33408 Re: NW 51d Avenue (Lots: 18 - 26 Blk: 28) Dear Property Owner. This is a courfty letter asking for your assistance in reference to the property listed above. It has come to our attention dud your property has a fence which needs to be repaired (see enclosed photo). Please contact our office and let us know approximately when the work will be completed. If repairs have not been made or we have not heard from you within ten (10) days it will be necessary to issue a code violation against the property. We would appreciate your cooperation in this matter so that no fiuther action will be needed. Sincerely, Fred Sterling Code Enforcement Officer (863) 357-1971 �ff■ V v 4 Jl- 55 S.E. Third Avenue • Okeechobee. Florida 34974-2932 • ) (863) 357-197 1 Fax: (863 763-4�89 • • aliglog, Fit l AcUl c�d o%sIiukwy�✓@Va.� Ai�. S r 0 • iN EY & BNEY CONSTRUCTION, INC. GENERAL CONTRACTORS, DESIGNERS, DEVELOPERS Serving The Lake Area Since 1973 CGCA03425 CBC058152 February 4, 2008 Mayor Jim Kirk Okeechobee City Council City of Okeechobee 55 S. E. Third Avenue Okeechobee, FL 34974 Re: Public Hearing Closing of Alleyway Block 28 City of Okeechobee Subdivision Mayor Kirk: I will not be able to be present for the Public Hearing on the above. In my absence I am requesting the City Council make my letter a part of the public record of the Public Hearing. My family corporation Abwill Development, Inc. was a previous owner of this City Block 28. Abwill Development, Inc. still owns City Block 39 to the south where a lake/old shell mining pit is located. I installed a fence on the south, east, and north property lines of City Blocks 28 & 29 in 1980's during my ownership of the property. This fencing abutted the existing east fence of the State Road Department compound. The fencing is presently still in place. As residential development of the property to the east and north east of City Blocks 28 & 39 took place the fencing has and still is providing a physical access barrier to the inherent dangers of the lake. With the proposed residential townhouse development Casa Bella on Block 28 there will be increased exposure to the lake. The public safety of especially children must be maintained by the relocation of the existing fencing. I am requesting the City Council's consideration for the requirement of the developer of City Block 28 in the interest of maintaining the existing public safety to relocate the existing fencing. This fencing would be relocated to the south property line of City Block 28 running east/west from the State Road Department compound to the existing chain link fence. It is with sincere anticipation the City Council will share with me my concern for the public safety of the residents of the City in this area by addressing my request. Your consideration of my request is very much appreciated. P.O. DRAWER 700 / OKEECHOBEE, FLORIDA 34973 805 S.W. 15th STREET / OKEECHOBEE, FLORIDA 34974 / PHONE: (863) 763-6541 / FAX: (863) 763-6795 www. abneyandabney.com ,9119/09 A • ER/B/7 M0. a- FE8/9 - 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 the City Council for the City of Okeechobee that assisted living facilities eilid h©softell would 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 pernAted special exception use in Commercial Heavy (CHV) Zoning District; and 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 highlightedwas a suggested change by City Planners. The conflicts & severability paragraphs were left off on the previous copy. Language underlined is to be added. Language strieleem is to be deleted. Ordinance No.1008 - Page 1 of 2 (1)-(9) No change. L10-1 Adult family care homes, assisted living facility as defined in Florida Statutes 429.02(5). 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 conditions imposed at the time of approval: (1)-(16) No change. 17 Adult family care homes, assisted living facilities as defined in Florida Statutes 429.02(5). Section 3. That Ordinance 716, Division 8, Section 90-28 2. Special exception uses., is hereby amended as follows The following primeipat uses and structures are permitted in the CHV district afterissuance of a special: exception use petition and may have 4dditiC 641pnditions imposed afi th e;tlMe,'of ap'proVal: (1)-(4-12) No change. (4-3 20) Hospitals, which means in patient hospital care. M14 2 1) Adult family care homes, assisted living facilities as defined in Florida Statutes 429.02(5). Section 4. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 5. Severability. 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 6 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 Februarv, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 19`h day of February, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language iid"Wed was a suggested change by City Planners. The conflicts & severability paragraphs were left off on the previous copy. Language underlined is to be added. Language striekem is to be deleted. Ordinance No.1008 - Page 2 of 2 NOVEMBER 15, 2007 Planninq Board/Board of Adjustment and Appeals - Page 6 of 7 L] n L� 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 Planninq Board/Board of Adiustment and Appeals - Page 7 of 7 VI. NEW BUSINESS CONTINUED. A. Consider and discuss requests for amendments to the City's Land Chair Ledferd asked whether the Board had any questions or concerns. There were none. Development Regulations, continued. 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. 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 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. 0 0 The Okeechobee News USES "W"THOSE P.O. Box 639, Okeechobee, Florida 34973 tk (863) 763-3134 ANDHOSIITLNPublished Daily FJL*T.yL-1jCT ''AND' STATE OF FLORIDA COUNTY OF OKEECHOBEE e Final Pxibh& Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher ofthe Okeechobee -.V'. News, a DAILY Newspaper published at Okeechobee in �k si e, la k t 41111- 5 bl" /` t.c 4%` Okeechobee County, Florida; that the attached copy of advertise- �y;: ment, being a All members of the . F �11 - - - �A �Iz �A� in said hearm*g". e - entirety by rh6 in the matter of T �;aoj Public ASE t �14i , A0%"jftrjx V . in the l9th Judicial District ofthe Circuit Court of0keechobee County, Florida, was published in said newspaper in the issues &Q!, T-11 ep.tl 4, I . A br Of W nel de uesfigm, H IP 2��cy� Affiant further says that the said Okeechobee News is Okeechobee, in Okeechobee rm 114 .new,spaper published at said County, Florida, and that said newspaper has heretofore been rd 2 published continuously in said Okeechobee County, Florida �3 11(�In Vn I each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County ''acconlIA." i 7 - T; W tt!a n6Aae ,0 , 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 ofsecuring this advertisement for publication in the said newspaper. V-2 Sworn to Lfdsubscbefore me this 1CP1o�PaYP�B,Jarietta Thiboult 1> i1l" commission # DD50531 i day of-, A.D. 20 a Expires January 10, 2010 I—W TFa. W-- --"ty Public, State of Florida at Large t6poses to aldoprfthie AN ORDINANCE ),A AMENDING REGULATIONS E� SECTION 90-�223; SECTIONS E CA 1ASS-I rx I. the ,propo'§ b"&b-rdin ,encouraged',�`f64to e_'Public in the Ohlifi�,'&of;' irsj Mon -Fri, 8wr43,6pz this Dr 71,ng or voice '=5620 (M . i gtid�paie',,, §*ted'ip,.its, EXHIBIT NO. FEB 5 -1 READ EXHIBIT NO. 3 FF819 - 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`h 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 191' day of February, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 0 . • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida wi on Tuesday, February 19, 2008 at 6:00 p.m. or as soon thereafter possible, at Cif Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafte to consider final reading of the followingg Ordinance into law: N0.1009: AN ORDI NANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 30 Q THE CODE OF , ENVIRNMENT, WILL CREATE ARnCLE 11 SECTION 30 88,RDINANCESEMERGENCY RESTRICTION WATER USAGE; SECTION 30-89 ENFORCEMENT OF EMERGENCY RESTRICTION WATER USAGE; PROVIDING F01 CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and'partieipate in said hear ing. The proposed Ordinance may be inspected in its enlirety by members of IN public in the Office of the City Clerk during regular business hours, Mon -Fri 8am-4:30 m,exceptforholidaayyS. PLEASE TAKE NOTICE ANO BE ADVISED thatd any person desires to appea any decision made by the.City, Council with respect to any matter considered at thk hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the pproceedings is made; which record includes the testimony and evidence upon which the appeal is tb.be based. City Clerk media are for the sole purpose otbackup for official records of the Clerk In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days prior to the proceeding at 863-763-3372 x215; if hearing or voice impaired, call TOO 1-800-222-3448 (voice) or 1-888-447-5620 (Try). Lane Gamiotea, CMC, CITY CLERK 260345 ON 2/8/08 Sworn t� and su6scribed before me this C? Ry w z °, Janetta Thiboult day ofC.`� ` 1. -� ;ti <-� 1 A.D. 20 �)' a' = Commission # DD505311 - y�,, Expires January 10, 2010 >! ! a�,A i`� ✓.+ .i -s �,t/�,.� / -y`s� OF P- Bonaea Troy Fam Insurance Inc 800-385-7019 Public, State of Florida at Large EXHIBIT NO. FEB 5 -1a REAV EXHIBIT NO. FEB 19 - FINAL 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) Lighting for streets, parking and other ee tts-. All off-street parking 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 c�-rn�ry is to be deleted. Ordinance No.1010 -.Page 1 of 4 EXHIBIT NO. FEB 5 - r READ EXHIBIT NO. FEB 19 - FINAL 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, 29 16 feet. Section 3. Section 90-532 of Ordinance No. 716 is amended as follows: Sec. 90-532. Required landscaping. Following are the number of trees reqtiored in the entimerated residential dis#ie#s- Followina are reauirements 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 All other uses every 3,000 square feet of lot area, excluding areas of existing vegetation which are preserved. 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 and 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: M At least 18 square feet of landscaped area for each required parking space 0 At least one tree for each 72 square feet of required landscaped area. 1 Shade trees shall be planted at no more than 20 feet on centers L4� A minimum two feet of landscaping shall be required between vehicular use areas and on -site buildinas and structures, except at points of ingress and egress. (� The minimum dimension for any required landscaped area within a parking or vehicular use area shall be four feet except for that adiacent to on -site buildinas and structures. Language UNDERLINED is to be added. Language "T N is to be deleted. Ordinance No.1010 -Page 2 of 4 I ,EXHIBIT NO. FEB 5-TREAD EXHIBIT NO. FEB 19 - FINAL A landscaped island minimum five feet by 15 feet and containing at least one tree shall be required for every ten parking spaces with a maximum of 12 uninterrupted parking spaces in a row. The remainder of a parking landscape area shall be landscaped with grass, ground 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: (1) 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, around 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. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 191h day of February, 2008. James E. Kirk, Mayor ATTEST: Language UNDERLINED is to be added. Language BTR+EKEN is to be deleted. Ordinance No.1010 -Page 3 of 4 EXHIBIT NO. FiER 5 - I'7 READ EXHIBIT Na. FEB 19 - FINAL Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY. John R. Cook, City Attorney Language UNDERLINED is to be added. Language "T�„ t ^�Q is to be deleted. Ordinance No. 1010 - Page 4 of 4 tv^it iidm(ll. - SEPTEMBER 20, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 5 �s>.w. 'mar s> jai--F-•--�-� • • IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today'sIII Chairperson Ledferd asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. V. NEW BUSINESS - Chairperson. 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. III Consider a request to amend Division 5, Signs. Mr. Cook addressed the Planning Board regarding Ordinance No. 994, Division 5 Signs. He stated this ordinance was 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 strkeotrtt and additions and/or changes are underlined=arid 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 rpni iirari fnr all riot olnnm^r +— in i :. wa:_.. t_- -_ — . memorandum from LaRue Planning.) As per the August 22, 2007 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 III 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. 3. Consider a request to amend LDR's Sec. 90-532. Residential tree Consider a request to amend LDR's Sec. 90-532. Residential tfee planting . Change to WITARNMEMIM Eliminate planting - Planning Consultant. the following sentence that reads: The following afe the ntjfflbef of Rees fequifed im the entifflefated fesidential distfiftt. Add: 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 larrca�ln a Sri parking and vehicular use areas (Sec: 90-533) and in landscape buffer areas (Sec. 90-534). standards fof landscape fflatefials listed [ndivid [,t, structures Multiple -family one bedroom Multiple -family two to four bedrooms Mobile home park or subdivision Adult -assisted living facilities, nursing home 4. Consider a request to amend LDR's Sec. 90-533. Nonresidential tree 111 Consider a request to amend LDR's Sec. 90-533. and shrub planting - Planning Consultant �I.�ret�uiremer�f Two trees per dwelling Three trees per dwelling Two trees per dwelling One tree per two units or bedrooms SEPTEMBER 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 5 IV. NEW BUSINESS CONTINUED. 4. Consider a request to amend LDR's Sec. 90-533. Nonresidential tree III (1), and shrub planting continued. the same with the addition of be four feet The minimum dimension for any required landscaped 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 t is the recommendation of LaRue Planning to eliminate this section as written and change to read Sec. 90-534. - _Non reside ntia4 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 a 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. c Parkin spaces an other an le to the dnvewa feet. 1 , 2 3 sta the same 9 P Y 9 Y), O Y with the addition of (4) ` e C (5) The minimum dimension for any required landscaped areA VV ILI I LA parinee 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. l 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. LEDFERD-YEA BURROUGHS-YEA MCCOY-YEA VOTE HOOVER -ABSENT JOHNS -ABSENT MOTION CARRIED. KELLER-YEA MAXWELL - YEA There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 6:57 p.m. ! • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Y-i•:t � � Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PI -EASE TAKE NOTICE that the City Council of the City of in Tuesday, February 19, 2D08 at 6:00 p.m, or as soon th fall: 55 SE 3rd Ave. -Okeechobee. R conduct a PUBLIC HE on AS;:SECTION 90-511 BY MODIFYING THE PARKING ACCESS.DRIVEI TH REQUIREMENTS FOR USES OTHER THAN SINGLE-FAMILY RESIDENI nONS 90-532, 90-533 AND 90-534 BY ADDING REQUIREMENTS FOR U PING IN PARKING AND VEHICULAR USE AREAS AND LANDSCAPE BUF AS; AND, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFEC' E. members of the public are encouraged to attend and participate in said hea proposed Ordinance may be inspected in its entirety by members of the pp e Office of the City Clerk during regular business hours, Mon -Fri, Sam-4:3( pt for holidays. EASE TAKE NOTICE AND BE ADVISED that 9 any person desires to appeal Sion made by the City Council with respect to any matter considered at ing, such interested person vxa1l need a record of the proceedings, and for use may need to ensure a verbatim record of the proceedings is. made, % rd includes the ,testimony and evidence upon which the appeal is to be ba Clerk media are for the sole purpose of backup for official records of the Clerl accordance with the Americans with Disability Act (ADA) and Florida Stal 26, persons with disabilities needing special accommodation to participa proceeding should contact Lane Gamiotea no later than two (2) worldng to the proceeding at 863-763-3372 x215; it hearing or voice impaired, 1-800-222-3448 (voice)of 1-888-447-5626 (TTY). ne Gamiotea, CMC, CITY CLFRK Sworn to and subscribed before me this A 4 ' Nµr ~ o� e, Janetta Thiboult day of A.D. 20 t R Commission # DD505311 Expires January 10, 2010 pF R- Bonded Troy Fain insurance Inc 8W385-7Gie Not'aTy Public, State of Florida aat 4Large EXHIBIT NO. EXHIBIT NO. ORDINANCE NO. 1014 FEB 19-InREAV MAR 18"{ - FINAL AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 7, SOUTH OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 87) from Kenneth Egan, on behalf of the property owner(s), LEMAC, LLC (a Florida Limited Liability Company), for the closing of a certain alleyway as described in this ordinance to utilize the property for security and improve appearance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running North to South located between Lots 1 through 3 and Lots 7 through 9, of Block 7, South Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 7, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 18th day of March, 2008, and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 191" day of February, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 18t'day of March, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerkm� Subject: Alley Closing No. 87 Date: January 30, 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, 5cwt-kOkeechobee. 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 OKEECHOIBEE STREET OR ALLE*OSING APPLICATION CA. q Q Please type or print: APPLICArTIC�N(VO NltME OF AF+PLIC}AST:' zl r' ;_,�_; `NIAELIiVG ADDRESS ::. _ y5�7 /�,P✓��ot•D jyv� TY STATE ZIP S 3WoY /vi9Plc .f�_ r'a,-; it .X ' 'S,t., �•{ Kie. $.: 4-/3- - - .2. tr ff:more thadioo W's E qabove If Oi`stating their MOM, 9 stmeValley Inthbl`4T5�0 C . • •� Ivislon's there me 321.1' m j tiifej*.Culbreth3550.1�. Y' .....,? Sra PURPOSE OF CLOSING STREET/ALLEY: j� .% L i'=/%- T- i Signature of Applicant Print Name Signature of Co -Applicant Print Name jThe foregoing instrument was acknowledged before me this �J�U cy_ 00_7 I 4 `'elw) i �Q0,n and (date) ,� (applicant) �� (co -applicant) , who ispersonally known to me who produced as identification and who did (did not) take oath NOTARYPUBUC-STATEOFFLORMA Notary Public, Commission No. DDto Dianne M. Pdchol (signature) 1 _ Commission # DD610200 1� f -.;r'.• `Expires: DEC. 14, 2010 �� C��,R� (kr (Name of Notary typed, printed or stampe BONDED THRU ATf.L\ nC BOY.➢rNG CO_ INC -Pay a The Schweikhardt Law Firm, Chartered Benjamin T. Jepson 900 Sixth Avenue, South Katherine Ann Schweikhardt Naples, FL 34102 William Schweikhardt (239) 262-2227 Facsimile (239) 262-8287 September 21, 2007 Mr. Ken Egan Capital Pawn 1933 Davis Blvd. Naples, FL 34104 Re: Alleyway Easement Dear Mr. Egan: 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, ' wov 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 Party's Tax I.D. Number is: 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. le Street, Okeechobee, Florida 34974, first party, to LEMAC, L.L.C., a Florida limited liability company, whose post office address is: 4527 Arnold Avenue, Naples, Florida 34104-3339, second party: (Wherever used herein the terms "first party" and "second party" 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 party 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 party, 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: elo, JJ SS NAM SS NAME: Nahum H. Garcia STATE OF FLORIDA COUNTY OF 0Vee0nQbeP— tbvember The foregoing instrument was acknowledged before me this 5 day of Sep* Ha!bw,2007, by Nahum H. Garcia, who has produced a valid drivers license as identification, and who did not take an oath. G._Ln D'45OD47 Ekpa. Us11371200Q NO VY PUBLI (SEAL) My Commission Expires: Cl- -I- INUIVID. to INUIVIU. Sawn ,zl r-eJJnvrJ .nm,rd ie•.Inprl "—R Sjt(ME Add— ' Thl.).Or.m.w h.pned� AL *Al 'e" "-'eAr . N.me: 7�p21f SNALL:N6T0/✓S MijL /91 Ada...: yjjj MACG LC=5A46Z41 N,C. a785-z P-prNr A n� IaNlm.dse - P.rmp�rl. 3-a1-J7-J;!i00*0-oov70-a070 00 R: a 5,0b SPACE ABOVE TIAS LINE FOR PROCESSING DATA FILED FOR RECORD OKEECHOBEE CO. FL. 98407 97 AUG' 12 P11 4-- 13 0 SHARON ROBERTSON CLERK OF CIRCUIT COURT Documf�ntary Stamps paid In the amount of g �y 7. 00 Class C InLa Me Tax paid In the amount of 3 .— /Y • -0101,1110101141,111 claurt e e SPACBABOVBTIIIS LINE FOR RECORDINODATA ' Its T4is Parrantg PCI!bp Made the day of M4 1Z 19 .M , by AL off A, Tur T hereinafter called the Grantor, to A/egatim H, 6/4it P_iA. whose post office address. is 9o4 S, AA.e,id-r ddo, kc�cz&xr,C �L.7, 3tf99tf(, hereinafter called the Grantee. IWAnr•rr wN krrrin ,kr term. "Ilrtww' wd'rinwrr iarl.Jr .11 Ike pence+ n+,kis Imuannt eed Ike kein, Iry.l rrpreuwulres• mJ n.ISm of indt•Idnds..n0 rke+xree.m. end .nips d r.rp,V.tims, rkertrN tkr mnNet m eJtNn ,x m9elees•1 punesecill, That the Grantor, jrr and in consideration of the sum of $ jD. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and con rrms unto the Grantee all that certain land, situate in ��f66'GNo!>'icF County, State of f t n2, d.4 viz: L m%s 7, S, 9, [Lock . 7 .Souif! ®/c FcNmB�e j�ccoed;dvG re, iHF /dLaf TNrR�o,r ksco�td�d i�/ �cai tt'Ieok / 12-" Iris D F �j�6c 7- ;o R-cXVe A/ /rES idiciioA/S i¢/✓d F/fSE'AtEN/S OtiF 4,5eoa r,c- RNy Together, with all the tenements. hereduamems and appurtenances thereto belonging or in anywise appertaining. 'To Pabe nrib to Path, the same in fee simple forever. Anb 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 ojall persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997 131n Aitness Phereof, rite said Grantor has .signed and sealed these presents the day and year first above written. 2nedseaI d and delivered -in the presence of. ' wtnn. Sign-. 1.. r, n- T'V"s+r r �� i1iLGG� Y. L.mnmGne' I 1+1iQ� l idoRl�� P'mnl N.m. Wlmw SI&aue¢ In ,o Co-O nm.. ir.ny) nnuJ n.me STATEOF COUNTY OF�C�I�,n9-P- ) O�nrnlw Slp .tuR /�� Pdnnd Neme . 9-1-W 4 S/irALL :ivc: oiv t Al : / / Ad" Pm, Olrirr Add.. N. C , ,779sz NW.d H— P— Otaee Addr".. I hereby Certify that on this day, before me, an officer duly authorized to administer. oaths and lake acknowledgmcnis. personally appeared known to me to be the person described in and who executed the foregoing Instrument, who acknowledged before me that executed the same, and on oath was not taken. (Check one:) Said person(&) istare personally known to ma U Said person(s) provided the following type of identification: NOTARY RUBBER STAMP SEAL Wllness my hand and official sea! in !M County and State lost ofotesaid this day day of A.D. 19A.D. 19V BETTE P. MOORE Notary Public. State of Florida .,.,y e.. My Comm. expires July a.1998 U 0 Comm. No. CC 390204 °s0394 PAGE1246 ? -0. 6 ai � `1�04E� is:_I 940 DD � . Ly 9 . NY. Da�arswl�ry SYarrtHs ►wa -� itie sma.,t...1 348781 T001 FF.Q � in. , R i /9ZS, do Gars C k*v4pb Toll paid In ttfe afnoufft g SHARON ROUL R I St-i OF CIRCUIT CULIR ;�� as --0- ftM Robertson. Clerk cl00ACOwt CLERK rasar io rare: 3-21-37-35-0040-00070-0040 ii ` faa009 n TIME Btrf D.C. Dab. Warranty Deed This Indenture, Made this 20th dog of February , 2001 A.M. Between ASHOKKUMAR M. PATFL and PRATISHA A. PATEL. his wife. of me Cnstnty of OKEECNOBEE stare of Florida grantors, and LAMB.OF GOD MINISTRIES, INCORPORATED, a corporation existing under the laxs of the state of Florida who .w add. is: 971 So. Dixie Hwy, West At5. Pompano Beach, Florida 33060 of dx.ctiwy of Broward stm or Florida _ , grantee. Wltnesseth dnt the GRANTORS. for and in Cmsidention of die stm of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- TEN& NO/100(510.00)------------------- omi-►Rs. and odtcr good aA valuabk Coosidrntion W GRANTORS in hand paid by GRANTEE, the recequ wh=-Df !- hereby acknowledged, bave grained. bwpmed and mid o the said GRANTEE and GRANTEE'S suttrssas and assigns foteves, dx following dmribed land. swam. lying and being in the Crony of OKEECHOBEE STaae at Florida to waft: 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 OKEECHOBEE COUNTY, FLORIDA AND THAT SAID POWER OF ATTORNEY IS IS STILL IN FULL FORCE AND EFFECT AND HAS NOT BEEN AMENDED OR REVOKED IN ANYWAY. and da, Smmn do hereby folly women the uth to stfd land, and wsl defend the same agpirsl lawful claims of all persons whannoever. In Witness Whereof, the Fwaoss have hncuno sax tt iz hinds and seals the day and yor fin[ above —inn. 5' , ed and ddiver preseDM (Seal) 40H.4NN.A K. J.ASHOKKUMAR M. PATEL �-rluliss as to Both n P.O. Address 601 N. PARROTT AVENUE. OKEECHOBEE. FL 349i2 IC `'mil l501) S!IZOMME.4. JARRFJI. PRATIBt1A A_ PATEL Witness as to Both P.O. Adds-s &DI N. PARROTT AVENUE. OKEECHOBEE- FL 34972 STATE OF Florida COUNTY OF OKEECHOBEE The focrgomg uou,mo was ac)aowledged bclom me this 20th day of February 2001 by ecHOi{K/lh/_•IR A.I. PATFL and PRATTBHA A_ PATEL. wrro a t pc so illy kwwn to me or wiw have prod.cced d cu Florida drivericenses as 4-t-fica n. fhb Docucc><sa Re{acnd By- TIIiA f A"ELL OKEECHOBEE AMURACT & TTf1E n+st. CE. INC. 7ononnp K A OF NNA K. A 27 NW 2M Stride+ . C(9 PUBLIC . ' " .� W lX?K � t 2 omm,aion E.piccs: 1 UI /04 OKEECHOBEE . PL 34972 : ;yew 31206 Prepared by; Record turn to: Wendy Bostwick 0 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 ISO 11111111111111111101111111111111111111111 P rtj e 7 LE NUM 200St 25518 BK 01:1584 F'G 1120 SHARON ROBERTSON? CLERK, OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 12/13/2005 11:19:24 AM RECORDING FEES 10.00 DEED DOC 3.r500.00 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 of corporations) - Witnesseth, that the grantor, for and in consideration of the stun of Ten Dollars; ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grantsi 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 gmtor 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. • M-21MMMI State of Florida County of Okeechobee (Seal) Charles Address: 7053 SW 13th Street_ Okeechobee Ft. 14974 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. i Nota�ubl`c ````sspuututrrrrrrr O� B 0 My Commission Expires: •• •OTA •''.� �� (SEAL) �'�:_ y Comm. Expires c October 14, 2006 ; No. DI)15625t ZZ �cP)9. pUBItG.•\�Qa OF �irmnOPvv``` DEED Individual warranty Deed - Legal on Face ClosersChoice ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee Me, (property owner(s)) own the following property: ZFrs 7 .(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\loy-iAa COUNTY OF Oket--C tDbce Sworn to (or affirmed) and subscribed before me this 9+i%_ day of NP6 k , 20 by Mk &(kg-1 L-ewa-,&0W-,VA (Seal) all, o,,s•oo n Notary Public Slate ofRodda Notary Signature ? Amanda J Egan My Commission D0450047 �l ___ _Y d1 Expires 09107rM / Tr r ILL.—y--y r Printed Name Personally known OR Produced Identification Type of Identification Produced Pay i ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee Me, (property owner(s)) own the following property: L r-i 7 i &0�-e 7 Sates r.,�[if�Cd" (Legal Description) �f'�cG-L � +Y � �-%• ?%35 'CjOY(/—G�7 � = r%CJ (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 al�tum Printed Name STATE OF VA\DY4&0,- COUNTY OF (:)kf--eChrAhee Signature of Property Owner Printed Name Sworn to (or affirmed) and subscribed before me this _�� A -In day of by McaVxur ( are ion (Seal) 9:9Z Slate oganion DD45004??R009 Personally known "- Notary Signature AnxLvdOL ;T. � Printed Name OR Produced Identification Type of Identification Produced Page 2 Typed hame &Title Phone No. Date Adefpfrie Cable G `� 107 N.W. 7th Ave Okeechobee, FL 34972 863-763-w j o �1'87 (Z"' fc / �86�� 7G�-93F/ '/�-a7 Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Auth6rityj<_ 100 S.W. 5`" Avenue ;. Okeechobee; FL34974' 863-763-0460 SAC' S o uthorized Si nat re Typed Na7e & Title Phone No. at� Required Only For City of Okeechobee'& First Addition to City -of Okeechobee Subdivisions: Hamrick Estate Gil Culbreth Co -Trustee l' :863-763-3154 Authorized Signature Typed Name & Title Phone No_ Date Data I Internet I Wireless I Entertainment Voice I. November 19, 2007 -#'��e it EMBARQ" Embarq Corporation Mailstop:. FLAPKA 0305 P.O. Box 165000 Altamonte springs, FL 32716- 5000 EMBARQ.com Lemac, LLC c/o Amanda Egan 4527 Arnold Ave. Naples, FL 34104 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, 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 ]:Hour should you need any additional information. Sincerely, ohn F. Hayford, Executive Director Okeechobee Utility Authority _og S ae aUacf c- lever 8 hat Donnie Robertson, Pub is Works Date Oscar Bermudez, City Engineer FIRE DEPARTMENT Smith, Fire Chief Date IN MUITIMT-114aul To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Alley — Closing . Property, Between SW le St and SW 11-'h 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. plq!y ,. // cm ® gem ommm . M � � 'OEM mm JANUARY 8, 2008 -CES REGULAR MEETING - PAGE 3 OF 4 AGENDA BOARD ACTION -DISCUSSION VOTE No. 07-150 of a church. Member Revels moved to find Case 07-150 in Mafidri of Ch 90-193 Special exception uses, and allow forty Jason Estes & Kristy Petty. 608 SE 12"' Avenue days from today to comply after that time imposing a fine of twenty-five dollar per day. Mofion died for lack of second. Ch 90 Sec 90-193 Special exception uses (continued from Member Revels moved to find Case 07-150 in violation of Ch 90-193 Special exception uses, and allow sixty days from today page two) to comply after that time a fine of twenty-five dollars per day would commence; seconded by Member Hancock. VOTE WORLEY - YES GAMIOTEA - YES CASTORINA -YES IRBY - YES MONTESI - ABSENT NELSON -ABSENT SwEDA-No HANCOCK-YES REVELS -YES MOTION CARRIED. VII. REVIEW OF CASES CURRENTLY BEING FINED. Code Officer Sterling reminded the board that Case 07-077 Wi)iam Rose of 928 SW Park Street had been under a twenty five dollar per day fine for over ninety days as of December 24, 2007. Member Hancock moved to recommend City Council begin foreclosure proceedings on Case 07-077 William Rose; seconded by Member Revels. VOTE WORLEY - YES GAMIOTEA - YES CASTORINA -YES IRBY -YES MONTESI - ABSENT NELSON -ABSENT SWEDA - YES HANCOCK - YES REVELS - YES MOTION CARRIED. n _�jw: �'afo/d' % uT� 15/C� �a -45-per -4c,y • :7 g� M MEMORANDUM TO: Mayor Kirk, Council Member Markham, Council Member Watford, Council Member C. Williams and Council Member L. Williams FROM: Lane Gamiotea, City Clerk SUBJECT: Annual Evaluations for Administrator and Attorney DATE: January 24, 2008 It's that time of year again to complete your annual evaluations on Administrator Whitehall and Attorney Cook. Attached please find: 1. A copy of the evaluation that you completed last year 2. Minutes from the meeting reviewing the evaluations. 3. New evaluation forms for each of you to complete, sign and date. 4. A new score "tally" sheet (Mayor's Copy Only - you'd asked me to keep the same format you started last year, there's a copy of the one you "created" last year and I typed one for you to use this year). ❑ Complete your evaluation forms. ❑ Contact Robin to schedule your individual meetings with Brian and John. This needs to be completed prior to the February 19 meeting. Brian is keeping the afternoons of February 7 and 13 open for these meetings. I am not certain of John's schedule, hopefully you will be able to use the same dates. ❑ Bring your evaluation sheet to the February 19 meeting to give to Mayor Kirk. The Mayor will compile the scores as he did last year. If you do not wish to have an individual meeting, please let Robin know as well so that we are sure no one accidently got forgotten. An added note, Brian's current contract expires May 31, 2008. It can either be renegotiated or current one renewed for another two years. This may be something that you want to discuss with him in your individual meetings. If the current contract is just going to be renewed, please consider taking care of this at the February 19 meeting rather than bringing it back up again. Thank you and please call me if you have any questions. 0 0 MAYOR'S WORKSHEET TO CALCULATE AVERAGE SCORE ON EVALUATIONS: Final Score from Kirk Final Score from Markham Brian Whitehall .0 John Cook Final Score from Watord Final Score from C. Williams 3 a 3 Final Score from L. Williams TOTAL iv DIVIDED BY 5 EVALUATORS �, L a �• DIVIDED BY 8 QUESTIONS �d� •SSA Score Key: E = 5.0 G = 4.0 5=3.0 F = 2.0 U = 1.0 y <� EMPLOYEE PERFORMANCE EVALUATION r, Y 1 U KH11NU-S E. EXGEI LENT Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs aA tasks satfsfactgril� manner. F: FAIR - Individual performs most tasks satisfactorily but not all'. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY Individual fails erfoYTn man tasks well. adequately. p y 1. K r•Jx'UiX,51151L111r., List the current status of overall iob responsibilities_ G. At—U"1V1YL1J0HN1hNTN List maior iob related achievements since lncr c„atv.nrin 3. J UH KNU WLED Employee possesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: Z& V G S F (circle one) i j (see key above) Comments: f 11 4. JOB PERFORMANCE (QUALITATIVE) The n ea 6iess) horoughness, accuracy and overall quality of the employees work. OVERALL RATING: E G S [FF (circle one)[U- (see key above) Comments: 5. JOB PRODUCTIVITY (QUANTITATNE) Employee demonstrates a commitment toward achieving results. Tasks are completed efficiently and .effectively. M OVERALL RATING: t" (circle one) E S F I U I (see key above) Comments: 6. DEPENDABILITY Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance and timeliness. OVERALL RATING: U (circle one) E G S F (see key above) Comments: Empl9yee"demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- 7. COOPERATION ing(yJo char�es in procedure process, responsibility and assignments. OVERALL RATING: TE 4e� SF(circle one) (see key on reverse side) Comments: g. INITIATIVE. Employee demonstrates an ability to and act independently. Originates innovative ideas and methods to improve job or complete tasks better.'` OVERALL RATING (circle one) Ez, G� ` S F u`' i `? (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. 046, OVERALL RATING: E~. G S F U (see key on reverse side) (circle one) Comments: 10. OVERALL PERFORMANCE Overall apprais of the employee's job performance. OVERALL RATING: E (circle one) G E)J IV U (see key on reverse side) s Comments: F The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: / 5 N/A pemsor Sig : Lure Date Reviewing Officer Date Jam�.ir Has this report been discussed with Employee? W YES O NO If "NO", Reason why: If "YES", Employee's comments: Supervisor Signature Date l''Er�plbyee Signature Date Rev 3/99 mCopyright 1999 Re -order Form #23350 (plain), #23355 (imprinted). ER AMSTE RDAM From AMSTERDAM PRINTING AND LITHO. Amsterdam, N.Y. 12010 1-800-833-6231 EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date John R. Cook 8367 2 19 2008 Department Job Title Legal Counsel Citv Attorne Date of Hire Date of Last Review Date Employee Began Present Position Date of Next review 4/l/1988 4/17/2007 4/l/1988 12/17,Z2009 Check One: ❑ 6 Month Review N Annual ❑ Promotion ❑ End of Introductory Period ❑ Monetary ❑ Non -Monetary O Other KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. , manner. F: FAIR - Individual performs most taskssatisfactorily, but not all. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY Individual fails to perform many tasks well. adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List mwor job related achievements since last evaluation- J. J UIS IilNU W Lr.11 Employee possesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: E G S F U (circle one) (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: circle one) E G S F U (see key above) Comments: /. 9 ci —owovL6 III TblDn 1TTf TT[77TV (QUANTITATIVE) Employee demonstrates a commitment toward achievine results. Tasks are cmmnleted eflic and ellectively. OVERALL RATING: (circle one) E G S F U (see key above) Comments: +' PT Mil A RYY 7TV Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance "'—"— — — and ti ess. OVERALL RATING: (circle one) E G S F U (see key above) Comments: qa-v � Wcau-c( 7. COOPERATION Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: E IG I IS I IF I JU (circle one) (see key on reverse side) Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or O. lull 11 -IX 1 V A: complete tasics Vetter. OVERALL RATING: E G [S- IF I U (circle one) (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, ana a 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E G I IS I LF I JU (circle one) (see key on reverse side) Comments: 10. OVERALL PERFORMAlNU Overall appraisal of the employees lov performance. OVERALL RATING: E S F U (circle one) (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. as this report been discussed with Employee? 29 YES ❑ NO If "NO", Reason why: February 19, 2008 City Council Meeti If "YES', Employee's comments: Supervisor Signature Date ployee Signature vate Rev. 10/05 © 2004. Amsterdam Printinel. Amsterdam. NY 12010 - Call Toll Free 1-866-466-1438 FE Q MSt���� � Reorder Form #23350 (plain) #23355 (imprinted) www.amsteidamprintingforms.com 11�s■ ,f �,, 11,1 In Canada Call Amsterdam Products_ Cornwall, Ontario K6H 6L4 1-800-267-9200 Product #83542 �7 •7 EMPLOYEE PERFORMANCE EVALUATION 'TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY -Individual performs all tasks: satisfactorjly.; manner. F: FAIR - Individual performs most tasks satisfactorily, but' not all. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well, adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. tll &l'.1& "1F 7C11rT1LRT1►TTl1 3. JOB KNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she must aerlorm OVERALL RATING: circle one) E G F U (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: circle one) E I G I S 9 L I U (see key above) Comments: IR PR(1T11I('TT1IT9PV (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. Tasks are completed of ri and effectively. ' OVERALL RATING' (circle one) E G S /� U (see key above) Comments: 6. DEPENDABILITY Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance and timeliness. OVERALL RATING: —7 (circle one) E G S U (see key above) Comments: Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- 7. COOPERATION ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: I E G F U (see key on reverse side) (circle one) Comments: 8. INITIATIVE Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. OVERALL RATING: [-E I IG I I S I JU (see key on reverse side) (circle one) Comments: Maintains a safe and pleasant work environment, follows safety regulations, ana activety 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E Ls IF I U I (see key on reverse side) (circle one) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the employee's job performance. OVERALL RATING: E IG S' I U (circle one) \ (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: owry Markham Date Reviewing O 'cer Date Has this report been discussed with Employee? I-f] YES ❑ NO If "NO", Reason why: Feb. 19, 2008 City Council Meeting If "YES', Employee's comments: Supervisor Signature Date Employee Signature Date 4JAMSTE FDA-® Rev. 10105 © 2004. Amsterdam Printing". Amsterdam. NY 12010 - Call Toll Free 1-866-466-1438 Reorder Form #23350 (plain) #23355 (imprinted) www"amsterdamprintingfonns.com r y qs.^ In Canada Call Amsterdam Products. Cornwall, Ontario K6H 61-4 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name John R. Cook Employee No. 8367 Date 2/19/2008 Department Job Title Legal Counsel City Attorney Date of Hire 4/1/1988 Date of Last Review 4/17/2007 Date Employee Began Present Position 14/1/1988 Date of Next review'' - 2/11/2.009 Check One: ❑ 6 Month Review MAnnual ❑ Promotion ❑ End of Introductory Period ❑ Monetary U Non -Monetary p Other" KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY -Individual performs alltasks, satisfactorily. manner. F: FAIR - Individual performs most tasks 'satisfactorily, but not all. G: GOOD - Individual performs many tasks well, and all other tasks adequately. U: UNSATISFACTORY - Individual fails to perform many tasks well. I . RESPONSIBILITIES List the current status of overall job responsibilities. A 9"d""11 X"T TC`1TItX7TIkTIrC- 3 • J UB KNOWLEDGE ployee p esses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: (circle one) E G S F U (see kev above) Comments: 19 l l2 131[7 D T7"D A R A &T!`D -1 1„c „ ,, Muruugrnness, accuracy ana overall quality of the employee"s work. OVERALL RATING: E G S F U circle one) (see key above) Comments: S. JOB PRODUCTIVITY (QUANIHATIVE) E p ee demonstrates a commitment toward achieving results. Tasks are completed efficiently and effectively. OVERALL RATING: (circle one) E G 6 S F U (see key above) Comments: -6. DEPENDARTT.TTV Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance --- _ and timeliness. OVERALL RATING: E G S F U (circle one) (see key above) Comments: Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- 7. COOPERATION ingly to changes in p4p=41ge, process, responsibility and assignments. OVERALL RATING: E IG I F I U I (see key on reverse side) (circle one) Comments: O TATTTT ATTT 7U Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or O• ll%l A ltaK A V 1: comptere rasxs oezrer. OVERALL RATING: [E] G S F U (circle one) (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, ana acri 9. WORK ENVIRONMENT AND 5 ntributes towards a safe workplace. OVERALL RATING: E G S IF U (see key on reverse side) (circle one) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the loyee's job performance. OVERALL RATING: EJ-G I S IF U (circle one) (see key on reverse side) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak poi s are: E i J ARC These weak points can be frengtilened by:i Major strong points are: These strong points can be more effectively utilized by: up � i%n w,YsI/ ���' N/A Datevrsor Signature Clayton W i 11 T Pate / Reviewing Officer JJJ Has this report been discussed with Employee? XXYES ❑ NO Feb. 19, 2008 City Council Meeting If "NO", Reason why: If "YES", Employee's comments: Supervisor Signature Date on ployee Signature / ,r Date AMSTERDAI�° Rev. 10%O5-� 4, Amsterdam Printing"_ Amsterdam, NY 12010 - Il Toll Free 1-866-466-1438 Reorder Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingforms.com .,,,,. 1, In Canada Call Amsterdam Products. Comwall, Ontario K6H 61-4 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name John R. Cook Employee No. 8367 Date 2/19/2008 Department Job Title Legal Counsel City Attorney Date of Hire 4/1/1988 Date of Last Review 14/17/2007 Date Employee Began Present Position Date of Next review 14/1/1988 2 17 Check One: ❑ 6 Month Review OLAnnual ❑ Promotion ❑ End of Introductory Period ❑ Monetary ❑ Non -Monetary ❑ Other! KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S. SATISFACTORY - Individual performs all tasks satisfactorily. , manner. F: FAIR - Individual performs most tasks satisfactorily, but not all. G: GOOD -Individual performs many tasks well, and all other tasks adequately. U: UNSATISFACTORY - Individual fails to perform many tasks well. 1 • K H•,Jt-qJN 1131L111JE5 List the current status of overall inb recnnncihilitioc ID 1VXTl1ZAT7 Gmployee possesses a clear understanding of the responsibilities and tasks he or she must perform I OVERALL RATING: I EGI I S j I F I U t (circle one) (see key above) Comments: j 4. J UB rr.KFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the emnl—e, c ,—z- OVERALL RATING: -- .._.._. circle one) E G j S F U (see key above) Comments: IR PRnnTTf TTVTTV (VU,v1v111A1lVC) Lmployee demonstrates a commitment tnward nchio„i— —lt� and etlectively. OVERALL RATING: E G S F U (circle one) (see key above) Comments: 6. DEPENDABILITY Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance and timnli.- ------------- ERALL RATING:lee one)) E G/T_._ I S F U (see key above) ments: 4 urn � av"UA- Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will 1. 1—"" r-1ttl11%-7 trigly t nges in proeeaure, process, re�pur---y .11u 6.......... OVERALL RATING: E 1,'G S F U (see key on reverse side) (circle one) Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or i'S. UNIX 1H11 v ]c, complete tasks bettg` OVERALL RATING: (circle one) E rG) I IS I F U (see key on reverse side) Comments: Maintains a sate ana pteasant worn environment, luuuws sulety resuru..�..�, �••� ��•• �.y 9 wnRK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: F U E S (see key on reverse side) (circle one) Comments: I in (1VF.R AI.I. PERFORMANCE Overall appraisal of the employee's job performance. OVERALL RATING: E G see key on reverse side) (circle one) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: 4,"Looignaa isture Date Reviewing N/A Date Lydia Jean Williams Has this report been discussed with Employee?] YES ❑ NO If "NO", Reason why: Feb. 19, 2008 City Council Meeting If "YES", Employee's comments: upervisor ignature Date Signature Date FE AMSTERDAP0 Rev. 10105 O 2004. Amsterdam Printing'. Amsterdam. NY 12010 - CalI Toll Free 1-866-466-1438 . Reorder Form #23350 (plain) #23355 (imprinted) www amsterdan)priiitin,-forms.com 26tl!GctGf SSA In Canada Call Amsterdam Products, Cornwall. Ontario K6H 6IA 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date Brian Whitehall 5933 2 19 2008 Department Job Title Administration Citv Administrator Date of Hire 6/1/2005 Date of Last Review _4/17/2007 Date Employee Began Present Position 6/1/2005- Date of Next review 2/17/2,009 5 Check One: ❑ 6 Month Review N Annual ❑ Promotion ❑ End of Introductory Period ❑ Monetary ❑ Non -Monetary O Other KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily. manner. F: FAIR Individual performs most tasks satisfactorily, but not all. G: GOOD - Individual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well. adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List maior iob related achievements since last evohiatinn 3. JOB KNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she rwt.ct nprfnrm OVERALL RATING: r circle one) G S F U (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: -; circle one) �G S F U (see key above) Comments: R punn1T1'9PT1779rV (QUANTITATIVE) Employee demonstrates a commitment toward achievine results. Tasks are comnlpted effi, — — — — - — — — ana eftecti very. OVERALL RATING: (circle one) E/ G S F U (see key above) Comments: S. DEPENDABILITY Emplovee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance and timeline cc OVERALL RATING: (circle one) L E G IS I F I I U I (see key above) Comments: Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- 7. COOPERATION ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: E IG I g F I I U (circle one) (see key on reverse side) Com is: i / r t n t AS �y yt �' C 6 -.ct kie V0 W Gtk t Ivor v Emp ee demonstrates an ability tothirR and act independently. Ori ates innovative ideas and meth s to im�rov„e jAob'or 8. INITIATIVE complete tasks better. lJ4lix� Q OVERALL RATING: (circle one) G S F 77U (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: Us IS I IF U (see key on reverse side) (circle one) Comments: 10. OVERALL FJEKNUKMANUE uverau appratsat of me employees loo performance OVERALL RATING: E r' G I S I F I U I (see key on reverse side) (circle one) Comments: The above criteria is impoYa, nt to properly evaluate your performance. The following\#tion Plan describes your specific strengths and weakness E1l,11VIN IF x1tx1% es, ana wnar can oe aone to improve your puauwn evwu,u Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: ��id -W IU�� NSA upoIrrvisor Si"ure Lydia Jean William S Date Reviewing Officer Date J Has this report been discussed with Employee? Xl YES ❑ NO If "NO", Reason why: If "YES", Employee's comments: Supervisor Signature Date Employee Stgn to Date 7— Rev. 10/05 2F 4, Amsterdam Printing". Amsterdam- NY 12010 - Call Toll Free 1-866-466-1438 FE ®MS����� @ Re der Form #23350 (plain) #23355 (imprinted) www.amsterdamprintingfomis.com l���e Z QUSP In Canada C 11 Amsterdam Products, Comwall. Ontario K6H 6L4 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION r Employee Name Employee No. Date Brian Whitehall 5933 2 19 Department Job Title Administration City Administrator Date of Hire Date of Last Review Date Employee Began Present Position Date of Next review, 6/1/2005 4/17/2007 6/1/2005 2/i7/2.009 Check One: ❑ 6 Month Review? Annual ❑ Promotion ❑ End of Introductory Period ❑Monetary O Non -Monetary O'Other" Y IU RAIING5 E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks, satisfactorily. manner. F: FAIR - Individual performs most tasks satisfactofily,: but 'not all. G: GOOD Individual performs many tasks well, and all other tasks adequately. U: UNSATISFACTORY - Individual fails to perform many; tasks well. 1. RESPONSIBILITIES List the current status of overall iob resnon.cihilitivc � r rs�nrr�r rcrrwRr. wTrr� J. J Vn 111�LV VYL�1JliL" ee ssesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: E G S TF U circle one) (see key above) Comments: A T. uvL 1 1:1V.'lJl�lVltil�l�.t, ( IVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: E S F U circle one) (see key above) Comments: n. JUl3 YKUJJUU y 1°—VII-I VGj cMpiuyee aemonsrrares a commitment toward achieving results. Tasks are completed efficiently and effectively. OVERALL RATI E G S F U (circle one) (see key above) Comments: Employee cand time'an ess be relied upon to complete assigned tasks, and is conscientious about his/her attendance S. DEPENDABILITY OVERALL RATING R G S F U (circle one) (see key above) Comments: r � �%. COOPERATION Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: E G S F U (see key on reverse side) (circle one) Comments: 8. INITIATIVE Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or mplete tasks better. OVVERALL RATING: E IG I IF I (see key on reverse side) (cile one) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and activel 9. WORK ENVIRONMENT tAIW SAJV h r Y contributes towards a safe workplace. OVERALL RATING: E G S F U (see key on reverse side) (circle one) Comments: 10. OVERALL PERFORM Overall appraisal of the employee's job performance. OVERALL RATING: ;G S F U see key on reverse side) (circle one) Comments:IA 12, �V Y-►1 5l e above riteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION LAN , and whact can be done to improve your position toward continued growth. Has this report been discussed with Employee? ® YES ❑ NO If "NO", Reason why: If "YES", Employee's comments: upervisor Signature ate Employe Si a re Date AMSTER®/�il ° a �Hr o Rev. 10105 - 2004, Amsterdam Printing. Amsterdam- NY 12010 - Call Toll Free 1-866-466-1438 Reo er Form #23350 (plain) tl23355 (imprinted) www.amsterdaiiiprintingforms.com 1n Canada Ca Amsterdam Products, Cornwall. Ontario K6H 6L4 1-R00-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date Brian Whitehall 5933 2 19 2008 Department Job Title Administration City Administrator Date of Hire Date of Last Review Date Employee Began Present Position Date of Next review - 6/l/2005 4/17/2007 6/1/2005 2 17`2;009 Check One: ❑ 6 Month Review 15 Annual❑Promotion El End of Introductory Period El Monetary .,. ❑Nop-Monetary ❑ other KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY -Individual perform&all tasks satisfactorily.. . manner. F: FAIR - Individual performs most tasks satisfactorily, but not all. G: GOOD _ Individual performs many tasks well, and all other tasks U: UNSATISFACTORY - Individual fails to perform many tasks well adequately. 1. RESPONSIBILITIES List the current status of overall iob responsibilities. ^!`lIARDT 7CLTRii i'A7TC` J. J 1.1j3 ALNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she must perform IOVERALL RATING: E) I G I S I F I I U (circle one) /� (see key above) Comments: I 4- JUIS JrV—K -0KNl .E (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: E G S F U circle one) (see key above) Comments: 11R PlDn"TT!'TTXTTTV (QUALIHATIVE) Employee demonstrates a commitment toward achievinP results Tnckc pro rnr, nlntnd off and ellectrvely. OVERALL RATING: E G $ F U (circle one) (see key above) Comments: Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance �J. DEPENDABILITY d 1; OVERALL RATING: E 7TG7 S F U (circle one) (see key above) Comments: �%. COOPERATION Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: E G S F JU (see key on reverse side) (circle one) Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or O. JUNA X APIK A V L' complete tasks better. OVERALL RATING: E G S F U I (see key on reverse side) (circle one) Comments: Maintains a safe and pleasant work environment, follows safety regulations, ana a 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E IG I S LF I JU I (see key on reverse side) (circle one) Comments: 10. OVERALL Ph KMANUE Overall appraisal of the employees ion performance. OVERALL RATING: UE FG S F U (see key on reverse side) (circle one) Comments: 4 Yley✓ . ,...,.-r--,,97 o Artinn Pl— dvccrlh— vnur snecific strenptlas and weakness ACTION PLAN es and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: c These strong points can be more effectively utilized by: N/A FSJ;;�.,4gnatureJam�esE . Kirk Date Reviewing O 'cer Date Has this report been discussed with Employee? M YES ❑ NO If "NO", Reason why: If "YES", Employee's comments: Supervisor Signature Date Employee Sig to Date AMSTERD/�11�° a"Teo Rev. 10105 © 200 , Amsterdam Printing, Amsterdam. NY 12010 - Call Toll Free 1-866-466-1438 '^ Reorder F m #23350 (plain) #23355 (imprinted) www.amsterdamprintingfoimis.com y, f, In Canada Call Am terdam Products, Cornwall, Ontario K6H bl 4 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION Employee Name Employee No. Date Brian Whitehall 59 2/19/2 Department Job Title Administration Ct Administrator Date of Hire Date of Last Review Da�6/1/2005 oyee Began Present Position Date of Next reviev 6/1/2005 4/17/2007 2 ,17 2 0 Check One: ❑ 6 Month Review CXAnnual D Promotion ❑ End of Introductory Period El Monetary ❑Non -Monetary D:Othei KEY TO RATINGS E: EXCELLENT - Individual performs all tasks in an exceptional S: SATISFACTORY - Individual performs all tasks satisfactorily, manner. F: FAIR -Individual performs most tasks satisfactorily, but'not'all:'' G: GOOD - Individual performs many tasks well, and all other tasks adequately. U: UNSATISFACTORY -Individual fails to perform many tasks.well. DL'C7]l11�TG•TTITT TTTTA — .-"JL v1r.71L1L1111..7 List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List major job related achievements since last evaluation. 3. JOB KNOWLEDGE Employee possesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: —] circle one) G S F U (see key above) Comments: 4. JOB PERFORMANCE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: E S Comments: F U circle one) (see key above) 5. JOB PRODUCTIVITY (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. Tasks are completed efftciently and effectively. OVERALL RATING: U G S F (circle one) (see key above) Comments: 6. DEPENDABILITY Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance and timeliness. OVERALL RATING: S G U (circle one) {�' �+ (see key above) Comments: Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- 7. COOPERATION ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: G $ F F1 U (see key on reverse side) (circle one) ` i Comments: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or 8. INITIATIVE complete tasks better. OVERALL RATING: G S F JU (see key on reverse side) (circle one) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIRONMENT AND SAFETY contributes towards a safe workplace. OVERALL RATING: E S F U j (see key on reverse side) (circle one) Comments: 10. OVERALL PERFORMANCE Overall appraisal of the employee's job performance. OVERALL RATING: G S F U (.-, (see key on reverse side) (circle one) Comments: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness - ACTION PLAN es, and what can be done to improve your position toward continued growth. Major weak points are: These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: N/A Date Reviewing0 'cer Date owry Markham Has this report been discussed with Employee? If "NO", Reason why: If "YES", Employee's comments: CXYES ❑ NO Date pw*o v_ 10105 ©200 , Amsterdam Printing`. Amsterdam. NY 12010 - Call Toll Free 1-866-466-1438 ®AMST�• RDAI , � IN Reorder F m #23350 (plain) #23355 (imprinted) www.amsterdamprintingfonns.com C�7 a y_s_r in Canada Call Am .erdam Products. Cornwall, Ontario K6H 6L4 1-800-267-9200 Product #83542 EMPLOYEE PERFORMANCE EVALUATION EmployeeName: Employee No. Date Ar an e r 5933 .. t Department Job Title ? d&izi stv: ion:.,,: City Administrator Date of Hire Date of Last Review Date Employee Began Present Position Date of Next i eview 6/Jf20©5 4J17/2007.:; ...,'. 6/.1/2005 Check, One ❑,. Month Review . 7 Annual ❑ I�xomotion.:C]�nd of ut>bductozy Period ❑ Monetary ❑ NonmMppetary ©E)tkte> r KEY TO RATINGS E: EXCE. LLENT Individual performs all tasks in an exceptional . S: SATISFACTORY - Individual performs` all tasks satisfactorily.,. manner. F: FAIR - Individual performs most tasks,satisfactorily, but not, all. G: GOOD - Individual performs many tasks well, and all other. tasks U: UNSATISFACTORY Individual fails to perform many #asks well: adequately. 1. RESPONSIBILITIES List the current status of overall job responsibilities. 2. ACCOMPLISHMENTS List major job related achievements since last evaluation. 3. JOB KNOWLED • ,l Employee possesses a clear understanding of the responsibilities and tasks he or she must perform. OVERALL RATING: (circle one) ` E G I S I F I U I (see key above) Comments: 4. JOB PERFORMAWE (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the employee's work. OVERALL RATING: (circle one) E G S I F I I U (see key above) Comments: 5. JOB PRODUCT TY (QUANTITATIVE) Employee demonstrates a commitment toward achieving results. Tasks are completed efficiently and effectively. OVERALL RATING:' dE G Is I IF (circle one) U (see key above) Comments: Employee can be relied upon to complete assigned tasks, and is conscientious about his/her attendance 6. DEPENDABILITY' and timeliness. OVERALL RATING: (see ke (circle one) G S F U y above) Comments: Employee demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds will- ^%. COOPERATION / ingly to changes in procedure, process, responsibility and assignments. OVERALL RATING: 1 (circle one) , E G S F , U (see key on reverse side) Comments: 8. INITIATIVE. E�p loyee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. OVERALL RATING: E� G S. F (circle one) u , ? (see key on reverse side) Comments: Maintains a safe and pleasant work environment, follows safety regulations, and actively 9. WORK ENVIROM " T AND SAFETY contributes towards a safe workplace. OVERALL RATING: ' a (circle one) SE' G S U F . ' (see key on reverse side) Comments: 10. OVERALL PERORVANCE Overall appraisal of the employee's job performance. OVERALL RATING. E G S F (circle one) fi' U (see key on reverse side) Comments: ACTION PLAN Major weak points are: The above criteria is important to properly evaluate your performance. The following Action Plan describes your specific strengths and weakness- es, and what can be done to improve your position toward continued growth. These weak points can be strengthened by: Major strong points are: These strong points can be more effectively utilized by: f/ �f/�C✓ / ,&_T UJ N/A St(de ' or Signatu Dowling R . Wd Ord , Jr. Date Reviewing Officer Date Has this report been discussed with Employee? YO YES ❑ NO If "NO', Reason why: If "YES', Employee's comments: Supervisor Signature Date Rev 3,199 /s copyright 1999 Re -order Form #23350 (plain), #23355 (imprinted). ®AMSTERDAM From AJASTERDAM PRINTING AND LITHO, Amsterdam, N.Y. 12010 1-800-933-6231 46 o- rndle RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE -PURCHASE AGREEMENT WITH POPULAR EQUIPMENT FINANCE, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee; presented at a duly advertised public meeting; and passed by majority vote of the City Counsel; and properly executed by the Mayor or designees, as Chief Presiding Officer for the City that: SECTION 1. Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including Chapter 166, Part 11, Florida Statutes, and other applicable provisions of law (herein collectively referred to as the "Act"). SECTION 2. Findings. It is hereby ascertained, found, determined and declared by the City of Okeechobee (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquires the equipment described in Exhibit A hereto (the "Equipment') and pay for such acquisition through a lease - purchase financing structure pursuant to a Mater Lease -Purchase Agreement (the "Lease -Purchase Agreement') dated February 5, 2008 between the Lessee and Popular Equipment Finance, Inc. (the "Lessor"). (b) The Lessee is authorized and empowered by the Act to enter into transaction such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Lessor are in the best interest of the Lessee consistent with the request for proposals issued for this purpose SECTION 3. Authorization of Equipment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Lessor attached hereto as Exhibit B. SECTION 4. Approval of Lease -Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Lessor, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease -Purchase Agreement shall be in such a form as approved by the Mayor or City Manager, such approval to be conclusively presumed Page 1 of 3 by the execution thereof. The rent payments to be paid under the Lease -Purchase Agreement and other terms of the Lease -Purchase Agreement shall be consistent with the proposal of the Lessor attached hereto as Exhibit B. SECTION 5. Designation as Qualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to the lease the Equipment pursuant under Section 265 (b)(3) of the Internal Revenue Code of 1986. SECTION 6. Further Action. The proper officer of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution SECTION 7. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease - Purchase Agreement, or any other document or agreement hereby authorized SECTION 8. Succession of Officer of Lessee: Performance of Duties. In the even that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. SECTION 9. Benefit of Resolution Limited. Except as herein otherwise expressed provided, nothing in this Resolution, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Lessor (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Lessor (or its assigns). SECTION 10. Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by of on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Page 2 of 3 SECTION 11. Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provision herein contained are to the extent of such conflict, hereby superseded and repealed. SECTION 12. Effected Date. This Resolution shall take effect immediately upon adoption. INTRODUCED and ADOPTED in regular session this day of _ , 20 ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: By: Printed Name: Title: Name of Firm: City of Okeechobee LESSEE !IM Printed Name: James E. Kirk Title: Mayor Page 3 of 3 EXHIBIT A TO EQUIPMENT LEASE PURCHASE AGREEMENT EQUIPMENT SCHEDULE Description: Twenty Four (24) New 2008 Ford Crown Victorias with Police Package Twenty Four (24) New Left Hand Mount Spot Lights Vehicle Identification Number (VIN): Vehicle Identification Number (VIN): 1. 13. 2. 14. 3. 15. 4. 16. 5. 17. 6. 18. 7. 19. 8. 20. 9. 21. 10. 22. 11. 23. 12. 24. The Equipment described above is located at the following address: Name and address of Vendor: DATED: February 5, 2008 City of Okeechobee LESSEE Police Dept. 50 SE 2"d Avenue Okeechobee, FL 34974 Printed Name: James E. Kirk Title: Mayor A-1 • EXHIBIT B TO EQUIPMENT LEASE PURCHASE AGREEMENT PAYMENT SCHEDULE Rental payments shall be made in accordance with Section 4.01 and this Payment Schedule. Compound Period: Quarterly Nominal Annual Rate: 4.850 % Event Date Amount Number Period End Date 1 Loan 03/01/2008 483,384.00 1 2 Payment 03/01/2008 18,000.00 12 Quarterly 12/01/2010 3 Payment 03/01/2011 42,332.79 8 Quarterly 12/01/2012 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 03/01/2008 483,384.00 1 03/01/2008 18,000.00 0.00 18,000.00 465,384.00 2 06/01/2008 18,000.00 5,642.78 12,357.22 453,026.78 3 09/01/2008 18,000.00 5,492.95 12,507.05 440,519.73 4 12/01/2008 18,000.00 5,341.30 12,658.70 427,861.03 5 03/01/2009 18,000.00 5,187.81 12,812.19 415,048.84 6 06/01/2009 18,000.00 5,032.47 12,967.53 402,081.31 7 09/01/2009 18,000.00 4,875.24 13,124.76 388,956.55 8 12/01/2009 18,000.00 4,716.10 13,283.90 375,672.65 9 03/01 /2010 18,000.00 4,555.03 13,444.97 362,227.68 10 06/01 /2010 18,000.00 4,392.01 13,607.99 348,619.69 11 09/01/2010 18,000.00 4,227.01 13,772.99 334,846.70 12 12/01/2010 18,000.00 4,060.02 13,939.98 320,906.72 13 03/01/2011 42,332.79 3,890.99 38,441.80 282,464.92 14 06/01/2011 42,332.79 3,424.89 38,907.90 243,557.02 15 09/01/2011 42,332.79 2,953.13 39,379.66 204,177.36 16 12/01/2011 42,332.79 2,475.65 39,857.14 164,320.22 17 03/01/2012 42,332.79 1,992.38 40,340.41 123,979.81 18 06/01/2012 42,332.79 1,503.26 40,829.53 83,150.28 19 09/01/2012 42,332.79 1,008.20 41,324.59 41,825.69 20 12/01/2012 42,332.79 507.10 41,825.69 0.00 Grand Totals 554,662.32 71,278.32 483,384.00 DATED: February 5, 2008 City of Okeechobee LESSEE Printed Name: James E. Kirk Title: Mayor EXHIBIT C TO EQUIPMENT LEASE PURCHASE AGREEMENT ACCEPTANCE CERTIFICATE Popular Equipment Finance, Inc. 15933 Clayton Road, Suite 200 Ballwin, MO 63011 Re: Equipment Lease Purchase Agreement, dated as of February 5, 2008 (the "Agreement"), between Popular Equipment Finance, Inc. ("Lessor") and City of Okeechobee ("Lessee") Ladies and Gentlemen: In accordance with the Agreement, the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: (1) All of the Equipment (as defined in the Agreement) has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. DATED: February 5, 2008 City of Okeechobee LESSEE Printed Name: James E. Kirk Title: C-1 City of Okeechobee 55 SE 3`d Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bwhitehall(a cityofokeechobee.com * * * * *Memorandum * * * * * Date: For Feb 19, 2008 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • Legislation on tax reform — Have been advised by the Assessor that he = will produce Assessed value estimate in about two weeks. We rec'd some stuff from his office but it wasn't quite correct, according to our research. Again we est around $150,000 with the increased exemption equating to about $100k and the business tangible property exemption increase about $50k. There is no valuation decreases incorp in those numbers... that's the vital info we are waiting on. • Casabella Development — the alley vacation for this development is on the Agenda as Ord #1007. • Oaks Plaza (Goody's), SW 21 St turn lane / Dev Agreement. As indicated we met about traffic study analysis and have followed up w/ Mark Goodbread a cpl of times, but to date (Friday) do not have a sample Dev Agreemnt. However the last time I spoke with Mark, he indicated that the boilerplate he is referring to is simply something our of their office!?! I'm not going to editorialize. • Southern Trace Developer's Agreement — As you may recall, the developer suggested that no escrow be set up for future traffic improvements, as the contract definition is so precise ... we disagree. Talked to Steve Dobbs on this as late as 2/13/08. • SFWMD & the water shortage — Ord #1009 is scheduled for passage at this meeting clarifying the City's involvement and the fines associated with violations on water use. Older business: Sign Ordinance (#994) — LaRue's office is developing notes from the Jan 22"d meeting for use in perfecting the Ord. Billboard dispute(s) — On 2/14/2007 1 issued a letter to Centennial Builders essentially denying acceptance of an application for a 2"d billboard at 1301 N Parrott this after the City Council passed Res#06-10 suspending applications for billboards. Now, the City is being served on that action. Page 1 The original suit pertains to the parcel at 701 SW Park St. and again, 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. To reiterate - Centennial Builders filed in Circuit Court for damages associated with not being allowed to construct a billboard on SR 70 West. As you might 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 proiect —There is no word from the Petitioners (Walpole/Huggins) or the Intervenors (Royal) since our closed session of 1012107. 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'. School Concurrence element to the City's Comp Plan — Sent an email last week to Ken Kenworthy to see if the State DCA approved their concurrency model. As you recall we met at the Freshman Campus auditorium on 8/27/07 to review this. 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 StreebCity 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. Other Issues by Dept: Attorney: • Dale Proudfoot-date of accident-10/14/06 - The City's insurance carrier (PRM thru Gallagher Bassett Services) is representing the City in this crash (NW 11th Av & NW 7th Ct) victim suit. Friday, 2/15/08, Donnie, Cleveland and I had a conference call on the matter and am gathering some information for their interrogatories. Engineering: • Oscar on vacation till 2/25/08. • 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 • NE/NW a St & 441 traffic signal — FDOT agreed to conduct another traffic study this February. • Discuss new building elevation requirements — 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, traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. • DOT bypass discussion —Nothing new to report. Page 2 Finance: • Activity report is attached • Budget - have started soliciting from Dept Heads/supervisors a listing of extraordinary proposed expenditures for the coming year. At the last staff meeting we reviewed the Tax reform impact which lead us to begin scrutinizing all of this year's purchases also. Fire: • Activity report attached. January 2008: Structure fires 2 False Alarms 4 Vehicle Accidents 10 Hazardous 2 Stand-by 1 Other.misc 1 Medical/rescue 49 • Fire Union negotiation - have heard nothing since sending a letter the first of the month. • 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. General Services: • Jackie Dunham is leaving - Jackie (part-time receptionist) has been a great asset to the City, but unfortunately she's given us her resignation effective the end of Feb ... she's moving to CA. We've interviewed and found a cpl of good candidates. • 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. • 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 `time study' as to actual costs associated w/ fee generation and arrive at fee schedule. Police: Budget - As part of our budget analysis, we are studying gas mileage from our biggest users ... squad cars. 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 3 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: • OUA lift station improvement - from 2/14/08 email to you: OUA is proposing san swr lift station improvements at the corner of SE 7th St & SE 6th Av along with some collection mains improved in the area. According to John Hayford the project might take off as early as march or April. He came to the City requesting our consideration to allow storm sewer/surface water diversion to the east of the existing lift station to allow construction of the new station just to the west of the existing one. Of course we want to oblige OUA in every cost saving measure we can, but in this instance our feeling is that the modification would be encroaching into a remarkably valuable piece of land. My understanding is that the City has investigated the use of this property for a park ... what a great idea for our community. At any rate, we took the lead for OUA to investigate the price of the property to the west, but have told QUA that our preference is, worst case scenario, to have them accommodate our surface water through their existing property rather then taking any more of the unencumbered parcel. • Speckled Perch festival — Donny is preparing a list of concerns about the festival to send to the Chamber for consideration next yr... if you have 'observations' please advise. • Traffic counts at north 9th Street — We've started w/ our internal traffic counts to compare w/ DOT. • Commerce Park Lakes — I have the construction plans for finishing the Lakes in the Park. We are developing the request for proposals. In review, this project is being funded/administered by the FL Dept Environmental Protection (FDEP) at $150,000. The construction close out has to be accomplished by Nov 2008, but, of course we want to accomplish the construction prior to the rainy season. The last two yrs the City has used FDEP funding to install three baffle boxes. • Street Asphalt proiect - 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 4 MEMO 0 0 Feb 12th, 2008 To: Brain Whitehall, Administrator From: India Riedel, Finance Re: Activity Report, February Business Tax Receipts 245 letters were originally sent out advising delinquency of BTRs. From the date of these letters (1-25-08) through 2/7, 50 paid and 8 Businesses advised they were closed. There still remains 199 businesses in Okeechobee who did not pay their renewal BTR. Eleven (11) New Business Tax applications received for the month of January. With 5 of the 11 approved, and 6 still needing to be inspected by at least one Dept. And three (3) approved from previous months. Of the old problem cases, (October and later), 2 came into compliance and the BTR is ready to be issued, leaving 3 calendared for the Code Board 2/12, and 3 still working on issues. As you know the BTR dept is being reviewed for efficiency and ease of use for our citizens. Each dept has given me some ideas of what they look for when approving or disapproving of the applicants BTR. Our goal is to have a new Business Guide for all those interested in opening a business in Okeechobee. And to use this as a tool to share info of items to consider, ie: permitting, type of business, zoning, safety of building, etc. Community Involvement and Promotion: OHS students were indoctrinated in the workings of City Hall and its' occupants. Educator Darryl Rheam brought 25+ students in so that we could share our duties and the responsibilities of our positions to help them better understand government as well as the educational requirements to fulfill these positions. The Chamber hosted the Speckled Perch Festival, parade, etc. Not sure if the turn out was less than expected since the date was moved up as well as other events going on within the city and county. Budget & Finances I will be sending a reminder email out to department heads to get with me if they have questions when gathering the information and reporting back to us about their existing budgeted expenditures and future FY 2009. I believe in starting in February reviewing the necessities of each dept. will be beneficial especially this new budget year and possible reduction in revenues. Based on the approval of Amendment 1, I have been in contact with the Property Appraisers office, the first pass of the effect of Assessed Taxable Values for Homestead Ex, were higher than my estimates, $20.8 million, but after later review $16.4 million was a closer estimates. The PA has not finished their appraisal process and these numbers are definitely not in stone. The commercial pros haven't really been looked at as of, and they have estimated they wills g assessed value within a 2 week pe I have this calendared to check with them. As you know we may be faced with a decrease in Assessed values based on the decrease in the R/E market as well as the additional Exemption for TPP and of course the ever unattainable dollar figure for Portability of SOH. I have directed my staff to submit a report to me of any and all services, items, etc. that they feel are redundant and or do not add value for our citizens. To list ways they feel we can trim our budget now and for the future. W-2's and 1099's as well as Federal (IRS) copies of all required forms have been submitted to employees and agencies as required. Attached is a little bit of research on the overtime hours of two of our departments. Sharon has listed the regular overtime and the SickNac Leave overtime. Also listed are the number of hours taken as leave for the same time periods for each department, as well as the average hourly wages respectively. As previously discussed the PD is substantially over budget the 4 months into the year, the fire department is reasonable compared to this time last year. 3 2007 Audit: I have been in constant contact with Janet at OUA regarding time frames etc. She advised that one of the actuary reports was completed but not the other 2. She advises that she has answer and substantiated all the questions posed to her by them. She will contact this again this week and advise me status. The Pension auditor has already completed their field work at the pension office and through me, they are also waiting on the Actuary for the 3 pensions before they can go further. We are still ahead of last years timing in re: our audit so I feel confident we should be able to present soon. SBA & BankinE Since the initial withdrawal of funds from SBA, the following has additionally been withdrawn as Pool A & Pool B are opened up for liquidity of funds. Theses funds were successfully withdrawn from the pool without paying a 2% penalty. Continuing to closely monitor the status of the pool and our investments. All of our SunTrust accounts are Municipal Now accounts which generate an interest rate of the Federal Reserve less .25 (adjusted each Wednesday). The collateralized statements and requests have been signed and sent to SunTrust. Still gathering info on CD placement with Qualified Depositories. Hurricanes Peg Kemler, our State PA helping with FEMA and past hurricane cost PW's, and I have been communicating about the storms. The first hurricane PW's have been submitted to her for closeout. The 2nd hurricane, Frances, is what we are working on together. FEMA declared one of our projects a `Large" project (they did this across the state, changed the rules after the fact), which means it has to be reviewed differently than previously indicated. Together I believe we will minimize the effect on the city, but based on initial review we may have to return any unused funds received for that specific PW. Will keep you posted. CITY OF OKEECHOBEE* FIRE DEPARTMENT STATUS REPORT 14-Feb-08 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) INCIDENTS Total of 70 Calls for January 2008 (see attached graph) Comparison for January 2007 (total of 66 calls) Comparison for January 2006 (total of 71 calls) AVERAGE FOR LAST 3 YEARS (69 CALLS) (basically no change for January) AVERAGE RESPONSE TIME IS CLOSE TO 3 MINUTES. * Significant Call (Fire) Fire crews responded to a residential fire on January 3`d at 1006 SE 8'h drive. Total of 1 Engine and four firefighters on scene from the city and 1 engine and 1 rescue with personnel from the county responded with mutual aid. The home contained one resident and dog in which both were outside upon arrival. Fire Crews contained the fire in the area of origin and saved the homeowner considerable amount of money with the rapid extinguishment. PLAN REVIEWS (Chief Smith reviewed the following): * Fire Suppression for cooking equipment at New Mexican Restaurant (Newman's bldg.) * Remodel at Dr. Aragon's Office * Remodel after fire damage at Economy Inn * TRC Meeting — Lake House and Plant nursery INSPECTIONS (Annual, New Business, New Owners, etc.) Lt. Baugh - (2) two inspections. Lt. Hodges - (6) six inspections. Assistant Chief Douglas- (9) nine inspections Chief Smith — (9) nine inspections NOTABLE INSPECTION * Shut down cooking at RJ Gators due to lack of fire protection and excessive grease along with no filters being utilized in the hood system CO INSPECTIONS Chief Smith conducted inspections at the following: * ARC- Passed and CO Signed * Utah Apartments- Passed and ready to sign CO FIELD ACCEPTANCE AS AND SPECIAL INSPECTIONS * RJ Gators Restaurant — witnessed bag test to check fire suppression, system * New Mexican Restaurant at Newman's Building- witnessed Bag Test to ensure system is still in proper working order. * ARC Building Remodel- Witnessed Acceptance Test on New Fire Alarm System .(passed) SPECIAL INVESTIGATIONS * Investigated complaint about exit doors in Brahman Theatre. * Investigated a fire at a residential structure. * Investigated holes in the road at a nearby trailer park (vehicle access & Code enforcement) MEETINGS (Chief Smith attended the following): * S. Dobbs about Southern Trace property * Engineers for the Lake House project * B. Brisson by phone on Sheriff's Dept. Generator Site * TRC * Fire Dept. Officers staff meeting * South Florida Water Management (water restriction updates) FIRE PREVENTION & PUBLIC RELATIONS * Firefighters attended/participated in Health and Safety Expo at Ag Center * Firefighter McGee attended/participated in expo schools at IRCC * Chief Smith participated in interviews from press in regards to Fires and Code Enforcement * Fire Crew on duty showed the Engine to children at East Coast Migrant Facility TRAINING * Chief Smith attended classes/conference for Fire Rescue East * Fire Crews conducted/participated in in-house training through out the month utilizing the FETN training network and applying training in the field for practical exercises. Firefighter/Medic Weeks trained Firefighters in medical techniques to stay familiar with updated services. ' :_ 1►0 Firefighter Rodriquez is waiting to take his EMT State Exam Had pictures taken for employees to update identification badges STATION AND EQUIPMENT * Engine 6 required the following repairs/replacements: Strobes, Siren, Passenger Window, and Headlight * Engine 6 had routine maintenance on compartments cleaned * Air Compressor for Station (very old and worn out) had to be repaired. We will be looking to replace this one for one that can take the pressure over 100 psi for our tires. * Replaced two old radios (15 years old). Radio tech sent a letter stating that they no longer could find parts for this model. We had two in the shop for repairs and they sent them back. * Had Station door locks worked on due to wear and tear * Ladder Truck is near completion with repairs. I am waiting for a figure from the mechanic to allow me to start ordering equipment. * Firefighter built a bench for the locker room. * Firefighters repaired kitchen chairs. * Fire Crews performed maintenance on hydrants in SW Section and weed abatement