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2008-04-01• �•-�.,i-xS Fes/' � CITY OF OKEECHOBEE APRIL 1, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION II J AGENDA III COUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Mayor: — April 1, 2008, City Council Regular Meeting; 6:00 p.m. Mayor Kirk called the April 1, 2008 Regular City Council Meeting to order at 6:00 p.m. PAGE 'f OF J II. OPENING CEREMONIES: Invocation given by Pastor Paul E. Jackson, Sr., International Prayer Pastor Paul E. Jackson, Sr., International Prayer Warriors for Christ offered the invocation; Warriors for Christ; Pledge of Allegiance led by Mayor. The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: - - -- Mayor James E. Kirk Present Council Member Lowry Markham Present Council Member Dowling R. Watford, Jr. Present Council Member Clayton Williams Present Council Member Lydia Jean Williams Present City Administrator Brian Whitehall Present City Attorney John R. Cook Present City Clerk Lane Gamiotea Present Deputy Clerk Melisa Eddings Absent Police Chief Denny Davis Absent Fire Chief Herb Smith Present Public Works Director Donnie Robertson Present IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of April 2008 as "Water Conservation Month." The proclamation was presented to Vickie Nowlan, Community Outreach/Media Specialist for Southzrlda Water Management District and read in its entirety by Mayor Kirk as follows: "WHEREAS, Florida's natural uty, crystal blue waters and white sand beaches attract residents and visitors from around the world, and WHE0.4S, mo than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and th�economyd p nd upon a clean and healthy environment, and WHEREAS, Floridians consume more than 7.9 billidh gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the Sate of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, cI d V ; stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve was tew r 1� '{ r APRIL 1, 2008 - REGULAR MEETING - PAGE 2 OF 9 • AGENDA III COUNCIL ACTION - DISCUSSION - VOTE IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the month of April 2008 as "Water Conservation Month" treatment; and WHEREAS, the South Florida Water Management District, in collaboration and coordination with local continued. governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2008 as WATER CONSERVATION MONTH in the City of Okeechobee." V. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for March 18, 2008 Regular Meeting. March 18, 2008 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA VI. AGENDA - Mayor. 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. There were none. VII. OPEN FIRST PUBLIC HEARING FOR ECONOMIC DEVELOPMENT GRANT III MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR ECONOMIC DEVELOPMENT GRANT PROGRAM PROGRAM - Mayor. AT 6:10 P.M. A.1. a) Discuss the Economic Development Grant Program for the Fiscal Appearing before the Council was City Grant Administrator and Consultant, Nancy Phillips of Nancy Phillips and Year 2007 Funding Cycle - Nancy Phillips, Grant Administrator. Associates who explained, this is the first of two required public hearings for Federal Fiscal Year 2007, Community Development Block Grant Funds in the area of Economic Development. The State currently has funds that are still remaining in their 2007 Funding Cycle, about $7.4 million in the Economic Development category. The City was approached recently by the developer of the Hampton Inn about using some of these grant funds for their project. We are required to have two public hearings, the first one is to talk a little bit about the project, and second one will be very specific to the dollar amounts in the project budget. At this time we do not know what that will be, but the City Administrator and I have met with a representative of the Hampton Inn, they are in need of a right turn lane and water and sewer to their project. We have gone through the grant requirements with them, they are considering everything. We decided to go ahead and hold the first public hearing so we could move forward should this be the course the developer desires to take. 88 APRIL 1, 2008 -REGULAR MEETING -PAGE 3 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR 2007 CDBG - ED CONTINUED. A.1. a) Discuss the Economic Development Grant Program for the Fiscal Ms. Phillips then answered questions from the Mayor and Council. Council Member Watford noted his surprise that Year 2007 Funding Cycle continued, these grant funds could be used for a private development. His question was, everybody else pays their water and sewer hook-ups when they build a business or when they have to put in a turn lane, so why does this business get to use grant funds instead? Ms. Phillips responded first with explaining how this was the same procedure the City utilized for Olde Tyme Construction, where we extended the water and sewer lines to the project and this is basically the same type of thing. We would be extending the water and sewer lines that are in the public right-of-way to the start of the private property based on their job creation. She then further explained, she and the City Administrator met with their representative last Friday. He has been on the challenge of finding out about grant funds since last December. He went to the County thinking that is where he had to start and then ended up at the FREDI office, who referred him to the State of Florida. The State provided him with Mr. Whitehall's name and phone number as well as mine. You can use these grants funds, it is a job creation, so they are available to hotels, restaurants, and retail with enough jobs, they are projecting 20 new jobs. Council Member Watford then asked, the City will have no financial investment and the Grant Administrator Fee's would be paid out of the grant administrative funds? Ms. Phillips answered, yes, should we get to that point. He then asked whether there were any other projects or is this what prompted this? Mrs. Phillips responded yes, this is what prompted this public hearing tonight. However, in all reality, there are some new CDBG regulations that have just come down. She attended a workshop last week and the new rules were just distributed to us from HUD, that could affect whether or not this really develops into a project. Mr. Whitehall and I thought the City should be pro -active and go ahead with scheduling the public hearing. Mayor Kirk asked for clarification, this business owner went out and initiated this on their own, the grant searching? Mrs. Phillips answered, yes they initiated this. She expanded further, the CDBG program is a very good partner with for -profits who have job creation. It can basically save them some up -front development fees, for the water, sewer, and roadway extensions that they need, but the City becomes a partner with that and they will have to sign a legally binding participating party agreement, like we did with our other project, those requirements are all still in place. Mayor Kirk added, that is really astute on his behalf, to get out there and search for this, b) Public comments. 111 Mayor Kirk asked whether there were any questions or comments from the public? There were none, Council Member Watford moved that we approve the First Public Hearingfor the Economic Development Grant Program for Fiscal Year 2007 Funding Cycle and move forward if the developer so desires; seconded by Council Member L. Williams. 0 0 a U a :o \H a 1 APRIL 1, 2008 - REGULAR MEETING - PAGE 4 OF 9 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. PUBLIC HEARING FOR 2007 CDBG - ED CONTINUED. A. 1. b) Discuss the Economic Development Grant Program for the Fiscal VOTE Year 2007 Funding Cycle continued. KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. III MAYOR KIRK CLOSED THE FIRST CDBG-ECONOMIC DEVELOPMENT PUBLIC HEARING AT 6:20 P.M. VIII. OPEN FIRST PUBLIC HEARING FOR CDBG 2008 FY PROGRAM -Mayor. 111 MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR CDBG 2008 FISCAL YEAR PROGRAM AT 6:20 P.M. A. 1. a) Discuss the CDBG Program for Fiscal Year 2008 Funding Cycle, Ms. Phillips addressed the Council by stating, this is the first of two required public hearings for the upcoming 2008 Nancy Phillips, Grant Administrator. Community Development Block Grant cycle. At this time the State is anticipating the funding cycle to open sometime in July with applications due in August. The last project the City received grant funds for was in Commercial Revitalization for the park areas. There are four categories in the CDBG program: (1) Neighborhood Revitalization, which would be in a low to moderate neighborhood, perhaps a drainage project the City might wish to undertake. (2) Commercial Revitalization, which can only be in your Community Re -development Area. Activities that the City has under taken is the Street Scape Project that was done for the parks as well as some facade improvements to some of the commercial businesses. (3) Housing. Rehabilitation or Demolition Replacement of homes that are "owner occupied" and residents that live in those are low to moderate income. (4) Economic Development, this is a job creation category. The City can receive one economic development grant every Federal Fiscal Year. The City is eligible to receive up to $750,000 in grant funds, so potentially for the Federal Fiscal Year 2008 you could have a $700,000 grant in housing, neighborhood revitalization or commercial revitalization and if you had another private business that came to you that needed some infrastructure improvements you could also have another Economic Development grant up to $700,000. So within one Federal Fiscal Year, the City could get $1.4 million in CDBG funds. Ms. Phillips has met with Administrator Whitehall to discuss potential projects, they anticipate to create something that will be fund -able, and can move forward to make an application on behalf of the needs of the City. They would also like to hear any suggestions the Mayor and Council may have. Council Member Markham questioned the housing grant and whether the funding was strictly moving somebody or is it rebuilding low income houses for people who cannot afford to fix their homes? Ms. Phillips explained that it is to correct sub -standard housing and bring the home up to code. However, after the home is inspected and found that the rehabilitation exceeds 50 percent of the assessed value, State Law requires that house be tom down and a new home built, the program covers both. Council Member Markham noted he would like to see a housing grant. • • 90 APRIL 1, 2008 - REGULAR MEETING - PAGE 5 OF 9 Vill. PUBLIC HEARING FOR CDBG 2008 FY PROGRAM CONTINUED. A. 1. a) Discuss the CDBG P60brm for Fiscal Year 2008 Funding Cycle continued. b) Public comments. CLOSE PUBLIC HEARING - Mayor. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford asked Ms. Phillips to explain the competitive process noting that certain categories more competitive than others. She explained that the Housing grants are pretty competitive, this area only receives 30 percent of the state-wide funds, Neighborhood Revitalization receives 40 percent of the funds, it is extremely competitive. Commercial Revitalization receives 10 percent, generally only three to four projects are approved each year. Then Economic Development has the balance of the funds, and their application cycle is a little different. For example, applications are due by August 15. However, they keep that funding availability open until all those dollars are gone, which is why we are now in April 2008 and there is money left from 2007. The City can apply in the regular category and may still have the ability to apply past January 2009 for Economic Development grants. Mayor Kirk added that the City could put the funds to good use, whatever the project may be. Ms. Phillips suggested that City Staff create a possible list of projects, taking into account Mr. Markham's comments for housing and bring this back to the Council, closer to the date and see where the Council's intent would be for Staff to go ahead and apply for it. Mayor Kirk asked whether there were any comments or questions from the public? Mr. Paul Jackson noted that he thought it all sounded real good. Council Member Watford moved that we participate and apply for Community Development Block Grant funds for the 2008 Fiscal Funding Cycle, seconded Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE FIRST 2008 CDBG GRANT PUBLIC HEARING AT 6:31 P.M. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:31 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No. 1015, Council Member Watford moved to read by title only, proposed Ordinance No. 1015, regarding Standards of regarding Standards of Constructing Private Driveways, Increase in Constructing Private Driveways, Increase in Permit Fee, and Minimum Requirements; seconded by Council Member Permit Fee, and Minimum Requirements - City Attorney (Exhibit 1). 1 C. Williams. APRIL 1, 2008 - REGULAR MEETING - PAGE 6 OF 9 W 1 1 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1.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. 1015 by title only. Attorney Cook read proposed Ordinance No. 1015 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY, PROVIDING FOR AN INCREASE IN THE PERMIT FEE, PROVIDING FOR AN AMENDMENT IN THE MWMUM REQUIREMENTS; PROVIDING FOR CONFLICTSAND SEVERABILITY, PROVIDING FORANEFFECTIVEDATE." 2. a) Motion to adopt proposed Ordinance No. 1015. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. X. NEW BUSINESS. A.1. a) Motion to read by title only and set April 15, 2008 a s a final public hearing date for proposed Ordinance No. 1017, regarding Rezoning Petition No. 08-003-R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to rezone Lots 19 and 20 of Block 15, City of Okeechobee, from H to CHV - City Planning Consultant (Exhibit 2). Council Member Markham moved to adopt proposed Ordinance No. 1015; seconded by Council Member C. Williams. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The discussion among the Council was brief as the ordinance was discussed at length at the first reading. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:34 P.M. Council Member Watford moved to read by title only and set April 15, 2008 a s a final public hearing date for proposed Ordinance No. 1017, regarding Rezoning Petition No. 08-003-R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to rezone Lots 19 and 20 of Block 15, City of Okeechobee, from H to CHV; seconded by Council Member L. Williams. 92 MARCH 18, 2008 - REGULAR MEETING - PAGE 7 OF 9 AGENDA X. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE A. 1. b) Vote on motion to read by title only and set final public hearing date. III VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1017 by title only. Attorney Cook read proposed Ordinance No. 1017 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHI9 ZONING DISTRICT, AMENDING THE ZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No, III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1017; seconded by Council 1017. Member C. Williams. b) Discussion. Mr. Brisson, City Planning Consultant presented the staff report findings. This application has a small scale application that accompanies it. Due to advertising, the small scale could not be heard first. This property ties with the same project for lots to the West. Council Member Markham added that he liked this concept better than the original two- story project, with limited parking . c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. B. 1. a) Motion to read by title only and set April 15, 2008 as a final public Council Member Watford moved to read by title only and set April 15, 2008 as a final public hearing date for proposed hearing date for proposed Ordinance No. 1018, regarding re- Ordinance No. 1018, regarding re -submittal of applications (zoning, etc), after being denied; seconded by Council submittal of applications (zoning, etc), after being denied - City Member L. Williams. Attorney (Exhibit 3). b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. APRIL 1, 2008 - REGULAR MEETING - PAGE 8 OF 9 93 1 fl AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 1018 by title only. Attorney Cook read proposed Ordinance No. 1018 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.995, CODE BOOK SECTION 70-338 CHANGING THE APPLICATION RESUBMITTAL PERIOD FROM 60 DAYS TO ONE-YEAR AFTER DENIAL; PROVIDING Fag CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1018; seconded by Council 1018. Member C. Williams. b) Discussion. The Council briefly commented that they wanted to make sure there was no misunderstanding with the Planning Board Members that this has absolutely, positively, no reflection on them at all. There are times when a developer needs to be able to re -apply on something that has been denied, especially should they be able to answer concerns, re- configure their project or do a different project. The one-year period, was perceived by many, that the City was against development or businesses. The City does not want to give that perception. Administrator Whitehall elaborated further, Okeechobee prides itself on putting development on the fast track. When the ordinance first went through, staff researched a lot of comparatives of other communities and found the one and two-year waiting periods to be very common. However, the City enjoys hearing the favorable remarks about our general services department and on permitting and this ties right -in with it. The City welcome's businesses. He also echoed what the Council said about the Planning Board, they do a great job, and this is certainly not a reflection on them as indicated. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Consider Street Closing Application No. 88, David and Anita Nunez, Application No. 88 was completed by David and Anita Nunez, who are requesting to close the portion of Northeast Northeast 2"d Street, located between Blocks 147 and 148, City of 2"d Street from 7'h Avenue East to the dead-end. Florida Power and Light, Comcast, Embarq and the OUA will not Okeechobee Subdivision - City Clerk (Exhibit 4). require easements. However, the Public Works Department will require one, as this unimproved, platted right -of- way contains a large drainage Swale and serves as an intricate part of the Storm Water Drainage System into Taylor Creek. Council Member Markham noted for the record that he has met with the owners and discussed the application. He would be in favor of the right-of-way closing so long as the City could secure and easement for the drainage needed, at the City's specifications since it will most likely require the installation of a culvert, at the owner's expense. Administrator Whitehall noted there may be some issues with set -backs as the owners have indicated they will be applying for variances for the development. The City Staff will work with the owners, and it is possible that the drainage ditch could be moved a few feet to the North from its current location. AGENDA X. NEW BUSINESS CONTINUED. C. Consider Street Closing Application No. 88, David and Anita Nunez, Northeast 2nd Street, located between Blocks 147 and 148, City of Okeechobee Subdivision continued, XI. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. APRIL 1, 2008 - REGULAR MEETING - PAGE 9 OF 9 COUNCIL ACTION - DISCUSSION - VOTE Discussion ensued, Council Member Markham moved to instruct Attorney Cook to draft the appropriate ordinance, vacating Northeast 2nd Street from 7ch Avenue East to the dead-end as described in Application No. 88, that the ordinance address the required drainage easement all specifications will be under the direction of the Public Works Director which may include the installation of culverts baffle orclean out boxes that all costs will be assumed by the property owner/applicant and that a 24-month to obtain a Certificate of Occupancy Re-verter Clause be addressed as well; seconded by Council Member L. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRKADJOURNED THE MEETING AT 7:11 P.M. The next Regular Meeting is scheduled for April 15, 2008. ATTEST; Lane Gamiotba; CMQ,,C ity Clerk )e.'� rr James E. Kirk, Mayor 1 1 Page -1- CITY OF OKEECHOBEE - April 1, 2008 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk on April 1, 2008, City Council Regular Meeting 6:02 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Paul E. Jackson, Sr., International Prayer Warriors for Christ: 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 I I X RECORDS I D X IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of April 2008 as "Water Conservation Month." X The proclamation was presented to Vickie Nowlan, Community Outreach/Media Specialist, Sr. SFWMD, and read in its entirety by Mayor Kirk as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world, and WHEREAS, .more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment, and WHEREAS, Floridians consume more than 7.0 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water;' and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, the South Florida Water Management District, r"n collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are cdeveloping a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve 0e state's precious water resources. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2008 as WATER CONSERVATION MONTH in the City of Okeechobee." V. MINUTES - City Clerk. A. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the March 18, 2008 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X Page -2- WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any additions, deferrals or withdrawals of items on today's agenda? There were none. VII. MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR ECONOMIC DEVELOPMENT GRANT PROGRAM AT 6: 10 P.M. A.1. a) Discuss the Economic Development Grant Program for the Fiscal Year 2007 Funding Cycle - Nancy Phillips, Grant Administrator. Appearing before the Council was City Grant Administrator and Consultant, Nancy Phillips of Nancy Phillips and Associates, this is the first of two required public hearings for Federal Fiscal Year 2007, Community Development Block Grant Funds in area of Economic Development. The State currently has funds that are still remaining in there 2007 funding cycyle and they are trying to get used up they have about $7.4 million in the ED category. The City was approached recently by the developer of the Hampton Inn about using some of these grant funds possible for their project, and we are required to how two public hearings, the first one is to talk a little bit about the project, and second one is very specific to the dollar amounts in the budget at this time we don't know what that will be, but the City Administrator and I have met with a representative of the Hampton Inn and they're in need of a right turn line and water and sewer to their project, we've gone through the grant requirements with them , they are considering everything, we wanted to go ahead and hold the first public hearing so we can get that taken care of tonight and I'll be available to answer any questions you may have. Watford, Nancy, of course this is new to us, we hadn't heard about this before, I guess I'm somewhat surprised to heard that these grant funds could be used for a private development like that, I know they can be. Everybody else pays their water and sewer hook ups when they build a business or when they have to put in a turn lane they pay to put in that turn lane, so why? Nancy, okay, well the City has utilized economic category before, we utilized it for the Olde Tyme Construction where we extended the water and sewer lines to the project and this is basically the same type of thing, we would be extending the water and sewer lines that are in the public right of way to the start of the private property based on their job creation. Watford, okay and in my thought process, that was a little different, that was in our industrial park and we were trying to, and we had to have a tenant you know, well you know all the history there better than I, but, it's a little bit different than a private enterprise, that bought there own land, they you know and now their coming, I think I could understand it better if this had been before the fact and ,they said okay we're going to create 20 jobs here or whatever, you see what I'm saying, it would fit better, if I was going to open a business, I guess I wasn't smart enough to know about all these things. Nancy, when the City Administrator and I met with their representati�,e, just last Friday in fact, he has been on the challenge of finding out about grant funds since last December, is when he started his search, and he went to the County thinking that's where he had to start at and then ended up at FREDI who referred him to the State of Florida, the State provided him with Mr. Whitehall's name and phone number as well as mine. You can use these grants funds, it is a job creation, so they are available to hotels and restaurants, retail, if you have enough jobs .... Watford, but they have to show they are creating ..... Nancy, Like you said 20 jobs, yes.... Watford, I'm just assuming, we have no investment here, I'm sure your fee's would be paid out of the grant administrative funds or something of that sort?..... Nancy, if we get to that point, yes...... Watford, are there any other projects, is this the only one or is this what prompted this? Nancy, this is what prompted this public hearing tonight was this request. And in all reality there are some new CDBG that have just come down. I was just a workshop last week and these just got past down to us from HUD, that could effect whether or not this really develops into a project but we thought we would be pro -active, go ahead and schedule the public hearing to get it out of the way so to speak, so that if we are ready to take Page -3- it to final application we can move forward with that step. Kirk, so this business owner went out and kind of initiated this on their own, grant searching? Nancy, yes they did initiated this, because the CDBG is a very good partner with for -profits who have job creation where it can basically save them some of their up -front development fees, for the water, sewer, roadway extensions that they need, but the city becomes a partner with that and they will have to sign a legally binding participating party agreement like we did with our other project, those requirements are all still in place. Watford, and I guess the difference here is, for example if I was building some houses, that wouldn't actually be creating jobs that would be creating homes, as well if I was creating a business, okay I see now. Nancy, economic development is based on job creation and that's the driving force behind those funds, the jobs that are being created in your community to foster growth. Kirk, its really astute on his behalf to get out there and search for this because most people don't.... Watford, or even think about it. Kirk, do we need to do anything tonight? Nancy, just have your public hearing, and it would be helpful if you could make a motion to move forward with the grant process if so desired by the developer and that way we can take it forward. b) Public comments. Mayor Kirk asked for comments or questions. There were none. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE FIRST ECONOMIC DEVELOPMENT GRANT PUBLIC HEARING AT 6:20 P.M MAYOR KIRK OPENED THE FIRST PUBLIC HEARING FOR CDBG 2008 IFY PROGRAM AT 6:20 P.M. A.1. a) Discuss the CDBG Program for Fiscal Year 2008 Funding Cycle, Nancy Phillips, Grant Administrator. Nancy Phillips, this is the First of two required public hearings for the upcoming 2008 community development block grant cycle. Right now at this time the state is anticipating cycle opening date sometime in July with applciations due in August. In the past the city has received grant funds, the last ,project that we did was in commercial revitalization in the parks ares. There are four categories in the CDBG ,orogram: 1. Neighborhood Revitalization, which would be in a low to moderate neighborhood perhaps a drainage project the city wish to undertake. 2. Commercial Revitialization which is in your community redevelopment area. Activities that the city has under taken is Street Scape Project that was done for the parks as well as some fascade improovements to some of the commercial busiensses, again those activities are in your CRA area, those are IimitE d by the boundaries of the CRA. 3. Housing. Rehab or demo replacement of homes that are owner occupied and residents that live in those are low to moderate income. 4. Economic Development, again that is a job creation category. The City can recei�(e one economic development grant every Federal Fiscal Year. The city is eligible to receive up to $750,000 in grant funds so potentially for the federal fiscal year 2008 you could have a $700,000 grant in housing, neighborhood revitalization or commercial revitalization and if you had another private busienss that came to you that needed some infrasture improvements you could also have another economic development grant up to $700,000, so within one federal fiscal year the city could get $1.4 million in CDBG funds. So this is the first of the two public hearings, I've met with the City Administrator, we're haveing some discussions about potential projects and Page -4- hopefully we can come up with something that we think will be fundable that we can move forward of make an application on behalf of the needs of the city. If you have any suggestions we'd like to hear your suggestions too. Markham, the house funding part is it strictly moving somebody or is it rebuilding low income people's houses or people who cannot afford to fix their homes? Nancy, correct it is to correct sub -standard housing and bring it up to code as part of that you go in and do yoru initial inspection, and by state law now if the cost to rehab it exceeds 50% the assessed value of the house, that house has to be torn down and a new home built and the program covers either to be able to rehab a house to bring it up to code or if its to far gone and you need to demo it and build a replacement house, the program allows you to do that. Markham, You have 4 programs you were talking about, do you put in for 1 grant that covers all four of these things or do you have to ear mark each one of them for so much money? Nancy, you can only apply, they're categories, and you can only apply for either housing, neighborhood revitalization or commercial revitalization and you can also have an Ecnomic Development grant, if you had a priviate busienss that was going to be creating jobs. Markham, so you can't put in .... Nancy, no you can't do oen for all three, you have to pick one area..... Markham, two different ones?.... Nancy, well if you have an economic development grant..... Markham, if you have an economic development grant you can use it but then you can go after a housing grant.... Nancy, right or you can determine that you're going to do a neighborhood, a drainage project in the low to moderate income neighborhood maybe or you can do a commercial revitalizatioin grant. Markham, Brian have we got a list of stuff like this that you already got up on going after these categories. We've tried to do some homes before on fixing up some of these older homes, just wondered if we're going to try to put in again and see, don't we have to go by certain numbers, a sc-ore or something..... Whitehall, thye qualify and then it's a lottery thing after the qualification process...... Narncy, they have to income qualify and in your housing assistance plan that has to be developed you come up vvith a ranking of how your going to evaluate your applications that you receive. Items that are typically are ranked are elderly, single head of house hold with no children, single head of house hold with children, harndicap disabled people. Markham, do we have to know home many homes we have prior to doin g it or do you just put in for it..... Nancy, no you put in for it and then identify your homes after the funds art3 awarded to you. The State has increased the amount of money can now go into each home. Because with th,e lead based paint requiremetns that came out a couple of years ago every home that is pre 1978 has to have a lead inspection and if your house has lead you can count on at least $5 to 10,000 to go through the correction process of that and it gets added on to the costs to rehab the house, any house 50 years or older has to ,have a dept of state historical bureau clearance on. Whitehall, it may be more timely now, expressing interest with your discussion, to pursue it, my experience has been when we are in great economic times the contractors that you used had to Aire -qualify in order to sub- scribe to this program and a lot of the contractors didn't want to fool with it because they had so much work by private sector work and didn't need to go through the process, we're in different Economic times now and it might be possible that contractors will be coming out of the wood work to qualify to do this type of work, just thought I'd throw that in. Markham, everytime these grants come out, the county asks us to join them but we dc.)nT ever get anything out of them, we support them but the money always seems to move outside the city fclr fixing up old homes or helping people and we don't ever get any of it, this is something that would be just t`or the city we've got some homes in the city that need some help in different areas..... Kirk, if we're applying t`or the grant it would be the city.... Nancy, correct it would be in the city boundaries.... Markham, I know we've joified with the county and nothing every gets done in the city it all goes to the county.... Nancy, right SHIP funds Initially setup they are suppost to be spent within the interlocal done between city and county so that everybody,, shared the funds and in some communities that just doens't work out for what ever reason..... Markham, there's a lot of contractors looking for work so you may get more bids on it than you would the other way. Tlais is one I would like for us to lean towards. Watford, in the past you've told us that there are certain categories that are more competiti\te than others, some we have a bettter chance receiving the grants for, I think the housing was the most competitive. Nancy, Housing is pretty competitive and it has only 30% of the state-wide funds that go into that category. Neighborhood has 40% of the funds, thats extremely competitive. Commercial revitalization only has 10% so therefore they only fund maybe 3-4 CR project a year then ED has the balance. With ED if thait cycle opens Page -5- and applications are due Augsut 15 they keep that funding availability open until all those dollars are gone that's why were none into April 08 and there's money left from 2007 and they're looking for projects. So you can apply in the regular category and still some back into next January and if there is ED dollars available you can make application then. Kirk, we want to go after the money if we can get it for sure. I know we can put it to good use. Nancy, so my suggestion, if its agreeable with the council would be for us to possible come up with a list of projects with the city administrator and public works director and taking into account Markham's comments for housing and maybe bring this back to you as we get a little closer to the date and see where your intent would be for us to go ahead and apply for it. Kirk, I think that would be a great idea. Watford, do you need a motion like the other? Nancy, just to K)ursue the 2008 funding I think would be appropriate. b) Public Comments. Mayor Kirk asked for public comments and questions. Mr. Paul Jackson, I think its real good, sounds good. Kirk, yes if there's money out there we want to try to pursue it for sure. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE FIRST CDBG GRANT PUBLIC HEARING AT 6:31 P.M MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTIOKI AT 6:31 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinaince No. 1015, regarding Standards of Constructing Private Driveways, Increase in Permit Fee, and l0inimum Requirements - City Attorney (Exhibit 1); seconded by Council Member C. 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-1015 by title only as follows: "ANORDINAINCEOFTHE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO.360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INCREASE IN THE PEATMIT FEE; PROVIDING FOR AN AMENDMENT IN THE MINIMUM REQUIREMENTS, PROVID'em FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1015; seconded by l;ouncil Member C. Williams. b) Public comments and discussion. There were none. Council - Discussed at first reading, donnie has final say so. Clayton, concrete drive over the culvert, permit will cover that portion, this is addition of right of way. Seeing a lot of busted up sidewalks, people drivir ig on them, parking on them. BW yes 6 inches Page -6- c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:34 P.M. X. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set April 15, 2008 a s a final public hearing date for proposed Ordinance No. 1017, regarding Rezoning Petition No. 08-003-R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to rezone Lots 19 and 20 iof Block 15, City of Okeechobee, from H to CHV - City Planning Consultant (Exhibit 2); seconded by Council Member L. Williams. b) Vote on motion to read by title only and set public hearing data. 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. 1017 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND N,YORE PARTICULARL Y DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP AC00RDINGL Y, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. ,, 2. a) Council Member Markham moved to approve the first reading of proposed Ordinance No. 1017; seconded by Council Member C. Williams. b) Discussion. Bill Brisson, City Planning Consultant presented the staff report findings. This application has a small scale application that accompanies it. Due to advertising, the small scale could not be heard first. Ties with the same project for lots to the West. DW - hoover's vote and her objections. Always cautious when a project expands after first approval CW section line? That's what the action of a pattern so far of what you have allowed. LM - been holding that land for commercial and only came back so far, adjacent land would not be able to approve ti and we all know it abuts a cypress swamp. Year ago talked about the 2 story, that project was kind of wavy, like this plan better. TRC had a hard time with the previous project as vvell. c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. Page -7- B. 1. a) Council Member Watford moved to read by title only and set April 15, 2008 as a final public hearing date for proposed Ordinance No. 1018, regarding re -submittal of applications (zoning, etc), after being denied - City Attorney (Exhibit 3); seconded by Council Member L. Williams. b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 1018 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE N0. 995, CODE BOOK SECTION 70-338 CHANGING THE APPLICATION RESUBMITTAL PERIOD FROM 60 DAYS TO ONE-YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading of Kroposed Ordinance No. 1018; seconded by Council Member C. Williams. b) Discussion. Mayor, this isn't the first time we've back up on one so... anything else. c) Vote on motion VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. C. Consider Street Closing Application No. 88, David and Anita Nunez, Northeast 2nd Street, located between Blocks 147 and 148, City of Okeechobee Subdivision - City Clerk (Exhibit 4). LM talked with them prior to coming to the city with the application. I'm in favor of cic)sing this with an easement for our drainage, if they need to fill the ditch it would be there expense to culvert it at their expense and to our specifications. They could build parking only over it, not structures. BW - pursuing a variance on set back to south of right of way, vacate right of way, retain, easement, proposed building will come right up to the culvert. Staff met with Tom Murphy on the project. Clean out, other costs associated with th epipe. Baffle box as well, quite a bit of debris thait goes through that ditch that could be caught by a baffle box. Kirk, never in favor of closing a street, but it stops and dead ends and no benefit to the rest c)f the citizens. Easement all the way to taylor creek where right now its only on the street. Going to come out with a drainage easement. DW other stormwater faciliites that might be needed for that. Assume you're saying we would have. Maps that show streets * riverside drive research * Page -8- LM close NE 2"d street, prepare appropriate ordinance 2"d L. Williams. 7th avenue east, reverter clause and easements. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. XI. MAYOR KIRK ADJOURNED THE MEETING AT 7:11 P.M. AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a Notice of City Council Meeting PO #013584 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 03/27/2008 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. Hughes, Jr., Sworn to and subscribed before me this 11 `Zfi� day of A.D. 2008 CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council ofthe City of Okeechobee will meet in Regular Session on Tuesday, April 1, 2000, 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 w attend. For acopy of the agenda contact City Administration at (863). 763-3372k212: PLEASE TAKE NOTICE AND BE ADVISED that if any. person desires to appeal. any decision made, by the: City Council with re- spect to any matter considered of 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 Amencans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing_ special accommodation to participate in this proceed- ing should contact Lane Gamiotea, no later than two (2) working days prior to, the proceeding at 863-763-3372 x 214; if you are hearing or voice 'impaired, call TDD 1-800-222-3448 (voice) or 1-88"7-5620 CITY). by: James E. Kirk, Mayor - Lane Gamiotea, CMC, City Clerk Publish 03/27/2009 Okeechobee Times -Rosealee A. Brennan "ommission 4DD318483 EyIdires: Jun 25., 2008 ;rFofr,o?' Bonded Thm Atlantic Bonding Co., Ina CITY OF OKEECHOBEE APRIL 1, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 CALL TO ORDER - Mayor: April 1, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; 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. PRESENTATIONS AND PROCLAMATION - Mayor. A. Proclaim the month of April 2008 as "Water Conservation Month." 1, 2008 PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 18, 2008 City Council Regular Meeting, VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR ECONOMIC DEVELOPMENT GRANT PROGRAM - Mayor. A.1.a) Discuss the Economic Development Grant Program for the Fiscal Year 2007 Funding Cycle - Nancy Phillips, Grant Administrator. b) Public Comments. CLOSE PUBLIC HEARING. Vill. OPEN FIRST PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - Mayor. A.1.a) Discuss the Community Development Block Grant (CDBG) Program for the Fiscal Year 2008 Funding Cycle -Nancy Phillips, Grant Administrator. b) Public Comments. CLOSE PUBLIC HEARING. IX. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1015, regarding Standards of Constructing Private Driveways, Increase in Permit Fee, and Minimum Requirements - City Attorney - (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1015 by title only. APRIL 1, 2008 PAGE 3 of 4 IX. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED - Mayor. A.2.a) Motion to adopt Ordinance No.1015. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. X. NEW BUSINESS. A.1.a) Motion to read by title only and set April 15, 2008 as a final public hearing date for proposed Ordinance No.1017, regarding Re -zoning Petition No. 08-003- R, submitted by Muhammad Nooruddin on behalf of property owner Husain Muzaffar to re -zone Lots 19 and 20 of Block 15, City of Okeechobee, from Holding (H) to Heavy Commercial (CHV) - City Planning Consultant - (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1017 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1017. b) Discussion. c) Vote on motion. A.1.a) Motion to read by title only and set April 15, 2008 as a final public hearing date for proposed Ordinance No.1018, regarding re -submittal of applications (zoning, etc.), after being denied - City Attorney (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1018 by title only. MARCH 18.2008 PAGE 4 OF 4 X. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No.1018. b) Discussion. c) Vote on motion. B. Consider Street Closing Application No. 88,David and Anita Nunez, Northeast 2"' Street, located between blocks 147 and 148, City of Okeechobee Subdivision - City Clerk (Exhibit 4). XI. 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. �r r "A' milk, i AW K• Office of the Mayor '` r Okeechobee Florida IEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract red and visitors from around the world; and z77, WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlyingaqurfer _ and our quality of life and the economy depend upon a clean and healthy environmenif ti r and f " _:."WHEREAS Floridians consume more than 7.9 billion g per er day of fresh water, and the future of Florida depends greatly upon the availability of water, and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment, and WHEREAS, the South Florida Water Management District, in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use v are developing a comprehensive and long-term water conservation program for South t Florida to instill a lasting culture of conservation in our communities; and j' WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. f NOW THEREFORE, I James E. Kirk, by authority . J virtue of the authori vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2008 as WATER . CONSERVATION MONTH in the City of Okeechobee. In witness w , eof I have hereunto set my,.--_ �E hand d ca d this seal to be affi ed. T i Jame Kirk, Mayor'+ f Attest: 4P Lane Uamfotea, City li r Date.,Avd r ,p J.•i. M', 77 Page 1 of 1 robin brock From: "Nowlan, Victoria" <vnowlan@sfwmd.gov> To: <vsmith@co.okeechobee.fl.us>; <rchartier@co.okeechobee.fl.us>; <bwhitehall@cityofokeechobee.com>; "robin brock" <rbrock@cityofokeechobee.com>; <wtaylor@myglades.com>; <mlanier@myglades.com>; <MDotson@myglades.com>; <ccool@bcc.co.highlands.fl.us>; <Grybinsk@hcbcc.org>; <mbrantley@moorehaven.net>; <mlanier@gladescofl.net>; <mdotson@gladescofl.net> Sent: Friday, March 14, 2008 10:39 AM Attach: Water Conservation Month 04 08 (2).doc Subject: April is Water Conservation Month Recognizing April as Water Conservation Month helps promote the importance of water conservation, encouraging Floridians to become environmental stewards at home and in their community. We are asking our local governments to pass a proclamation stating as such. Could you please put this on your agenda for your next meetings and see if we can get these passed, as you have in the past two years. I have attached a sample. Please. Vicky Victoria Nowlan Community Outreach/Media Specialist Sr. Okeechobee Service Center South Florida Water Management District vnowlan@sfwmd.gov (863) 462-5260 x3045 Cell: (863) 697-1775 3/14/2008 EXHIBIT NO. MAR 18r" -1r` REAV EXHIBIT N0. � APR r - iFINAL ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 360, AS AMENDED, WHICH ESTABLISHED STANDARDS OF CONSTRUCTION FOR PRIVATE DRIVEWAYS UPON OR ACROSS PUBLIC PROPERTY; PROVIDING FOR AN INCREASE IN THE PERMIT FEE; PROVIDING FOR AN AMENDMENT IN THE MINIMUM REQUIREMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 360 which established standards of construction for private driveways upon or across public property and provided for fees of such permits to be collected by the City; and as amended by Ordinance Number 440 relating to the minimum requirements of culverts 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 Division II, Driveways, Sections 46-42, 46-44, 46-46, and 46-47 are hereby amended as follows: Sec. 46-42. Permit required. No person shall construct, build, establish or maintain any driveway over, across or upon any portion of the public sidewalk or public parkway right-of-way, including public drainage ditches, without first having obtained a written permit to do so from the Director of Public Works. No such permit shall be issued for construction or establishment of any such driveway except in accordance with the provisions contained in this article. This permit is in addition to any other permit that may be required by the building code of the City. Sec. 46-44. Permit fee. Before a permit required by this article issued, the contractor shall pay to the city a permit and inspection of $5:% 40.00. Sec. 46-46. Minimum Requirements. (1)-(2) (No change). (3) Where driveways cross open ditches in the mays city right-of-way, culverts shall be installed. Such culverts shall be of such size and lengths as determined by the Director of Public Works. In no instance shall the size of opening be less than that obtained by a 15-ineh 12-inch diameter pipe. All culverts shall be at least 20 feet in length. All culverts shall be constructed of such material and thickness so as to meet the minimum specification of the State Department of Transportation. The length of culverts shall be determined by the following method: For a ditch depth of two feet or less, the culvert shall extend not less than four feet beyond each edge of the driveway where it crosses the ditch. For each additional foot depth of ditch add two feet to the above figure, except that where headwalls are constructed at the ends of the culvert the length shall be as determined by the Director of Public Works. Language underlined is to be added. Language strieken is to be deleted. Ordinance No.1015 - Page 1 of 2 Sec. 46-47. Duty to Maintain. All driveways constructed or reconstructed over, across or upon any public street or public parkwap right-of-way in the city shall be kept and maintained at all times in accordance with the provision of this article by the persons so constructing, reconstructing or using the driveway as an adjunct or appurtenance to lands or properties immediately adjacent thereto. Section 2. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 18th day of March, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 1st day of April, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language underlined is to be added. Language striekem is to be deleted. Ordinance No.1015 - Page 2 of 2 EXHIBIT Na. ., APR I- FIRST READING EXHIBIT NO. APR I5'" - FINAL ORDINANCE NO. 1017 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING (H) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of property owner Muzaffar Husain, Trustee, of the property more particularly described hereafter, has heretofore filed Petition No. 08-003-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.405 acre(s) from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on March 21, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: 11 LOTS 19 AND 20 OF BLOCK 15, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE OCUNTY, FLORIDA, AND IS APPROXIMATELY 0.405 ACRE(S) SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Holding (H) Zoning District to Heavy Commercial (CHV) Zoning District. The zoning for this parcel is subject to the further limitations of the Comprehensive Plan, Future Land Use Element, Policy 2.6. Ordinance No.1017 - Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 15` day of April, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151' day of April, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1017 -Page 2 of 2 MARCH 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 AGENDA V. OPEN PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 08-002-R submitted by Steven Ramunni, Esq. on behalf of property owner Mary Ann Newcomer. The petition is to change the zoning designation from Central Business District (CBD) to Industrial (IND) for property located at 701 Southwest Park Street and is approximately 0.642 acres. Brief Legal; Block 161, Town of Okeechobee Planning Consultant C. Consider Rezoning Petition No. 08-003-R submitted by submitted by Muhammad Nooruddin on behalf of property owner(s) Muzaffar Husain, Trustee. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for vacant property located on Northeast 12`h Street. Legal description: City of Okeechobee, Lots 3 and 4, Block 15 and is approximately 0.405 acre(s) - Planning Consultant. This application is associated with Small Scale Land Use Application 08-003-SSA. Consider Rezoning Petition No. 08-002-R submitted by Steven Ramunni, Esq. on behalf of property owner Mary Ann Newcomer. The petition is to change the zoning designation from Central Business District (CBD) to Industrial (IND) for property located at 701 Southwest Park Street and is approximately 0.642 acres. Brief Legal; Block 161, Town of Okeechobee. The applicant request to postpone and consider this petition at the April 17, 2008 regular meeting Consider Rezoning Petition No. 08-003-R submitted by submitted by Muhammad Nooruddin on behalf of property owner(s) Muzaffar Husain, Trustee. The application is to change the Future Land Use designation from Single Family (SF) to Commercial (C) for vacant property located on Northeast 121h Street. Legal description: City of Okeechobee, Lots 3 and 4, Block 15 and is approximately 0.405 acre(s). This application is associated with Small Scale Land Use Application 08-003-SSA. Mr. Brisson presented the LaRue Planning Staff report of approval, stating this property is consistent with the Commercial Future Land Use Category and the policies that govern this category. Also the proposed use and Heavy Commercial(CHV) zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from Northeast 91h Street and allow for development of a well -planned mix of compatible land used=s in the area. Vice Hair Hoover asked why heavy commercial and not commercial profession office. Mr. Brisson stated the applicant currently has two lots adjacent to the lots that he is petitioning to change and they have already been changed to heavy commercial. Boundaries or the heavy commercial zoning district were discussed by the Board. Mr. Brisson stated he would not recommend going any farther East with the heavy commercial zoning. MARCH 21, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 4 OF 6 AGENDA ACTION - DISCUSSION VOTE V. OPEN PUBLIC HEARING CONTINUED. C. Consider Rezoning Petition No. 08-003-R continued. Board Member McCoy moved to approve Rezoning Petition No. 08-003-R and recommend to City Council to change the zoning from Holding (H) to Heavy Commercial (CHV) for vacant property located on Northeast 121h Street; seconded by Board Member Burroughs. VOTE LEDFERD-YEA HOOVER -NAY KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA JUAREZ-RESIGNED O'CONNOR-YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 Application will be forwarded in ordinance form for a final Public Hearing on April 15, 2008 before City Council. before City Council III CLOSE PUBLIC HEARING III CHAIRPERSON LEDFERD CLOSED THE PUBLIC HEARING AT 6:30 P.M. VI. NEW BUSINESS. 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. Board Member Maxwell questioned Mr. Brisson when the Comprehensive Plan would be reviewed? Mr. Brisson stated the Board should recommend the process be initiated. It comes up for review every seven years. He stated he believed the process was due next year. The Board discussed inconsistencies in the current zoning that need to be corrected, and requested Mr. Brisson initiate possible commercial overlay. Mr. Brisson requested the Board to write their concerns and submit them to him, he would in turn talk with Jim LaRue and propose to City Council for a possible workshop. Master Land Development Application and Checklist: Rezone — Special Exception —Variance (Rev. 12/07) Date: _ 5 Petition No. a City of Okeechobee Oda - General Services Department Fee Paid: L T�� Jurisdiction: 55 S.E. 3'd Avenue, Room lol 1sc Hearing: ?'tiC�' 2° Hearing: 5 Okeechobee, Florida 39974-2903 cJ Phone: (863) 763-3372, ext. 218 Publication Dates: Fax: (863) 763-1696 Notices Mailed: (below for office use only) 1 Name of property owner(s): Q y '"' 2 Owner mailing address:t, 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 5 Name of contact person (state relationship): 6 Contact person daytime phone(s): �� _ �� l 7 -� Property address/directions t property: Describe current use of property: 8 Describe impro ents on property (number/type buildings; dwelling units , occupied or vacant, etc.): 9 10 Appro®x. acreage j Is property in a platted subdivision- wrYes ( No Is there a use on the property that is or was in violation of a city or ounty ordinance? "") No, Yes ' If, yes, describe the use and violation: ll Have there been any land development applications submitted to the past year that involve any part of the property? ( JNo (_)Yes If yes, -provide date, name of applicant, and brief description of the 12 nature of the application: 13 Is a ending sale of the roe pending property riy subject to this application being granted? (_) Yes No B. M �} �M., Do you own an other lands adjacent to the subjectproperty? y y J J �) No Yes If yes, describe the 14 current and intended uses- 1 _A4� w Describe uses on adjoining property to the: North: South: �Ap East: C t--� West:{ f 16 , Existing zoning: S Future Land Use classification C_ f ; 17 Request is for: Rezone (� Special Exception (_) Variance 18 Parcel Identification Number: "?j_ ._ :72 ��,S a e-D 1 0 Master Land Development Application and Checklist: Rezone — Special Exception — Variance (Rev.12/07) For questions relating to this application packet, call the General Services Dept. at (863) 763-3372, ext. 218 Rezoning -Specific, Application and Checklist (rev. 12/07) A Current zoning classification: EJ' Requested zoning classification C Describe the desired permitted use and intended nature of activities and development of the property? Is a Special Exception necessary for your intended use? Li-�) No L) Yes . If yes, briefly describe: C Is a Variance necessary for your intended use? No L� Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if E the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as contained in the Institute of Transportation Engineers most recent edition of Ln:p Generation F Attachment addressing the required :findings -as described below: FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (See. 70-340 in the Land Development Regulations) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation, sufficient explanation and documentation to convince the reviewing bodies to find that: I - The proposed rezoning is not contrary to Comprehensive Plan requirements. NO 2- The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations.' 3. The proposed use will not have an adverse effect on the public interest. 130 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. ye S 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property.,) o 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood \(-e :;. - 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. NO 8_ The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety- P 9- The proposed use has not been inordinately burdened by unnecessary restrictions_ ;P 0 The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial_ For questions relating to this application packet, call the General Services Dept_ at (863)-763-3372, Ext. 218 Page I of I "RO492 flao001 Thta Intltome+d P,epaead ay Documentary Stamps paid in the amount of And Eetorn ISM - $1 �0 Tons W. CONELY, III Crass C Intangible Tax paid in the amount Past office Drawer 1367 o f $ —a " okeochobee, nwida 34973 Sharon Robertson, Clerk of Circuit court Property pppraisefs Pared ID e Okeechobee County Florida i15 3ysmla000m ono �i1 i�l�l•. 3-ts37-3s-om000tsomso By. s 3-15-37.35-0010-00150-0190 .. Date, /Z-3/-2002 - .. Merittlab®ly or Mile Is no1 ®mtW laeed nor aceur=y or the .TbIs Instroment Ice peepand (tom Infonnaaon p-,Wedthe panics - . deseripaon, is do. .5 aol examined. NVARRA TY DI3ED THIS Rt D made the ;'11 S day of December, 2002, by AM ABID HUSAIN. hereinafter called the to o MUZAFFAR AUSAIN, as Trustee of the Mlaaffar Husain Revocable Trust bated & 6, whose postoffice address is 150 N.E. 13th Street, Okeechobee, Florida, hereinafter call = Urhersvar need harem the to Co r and '+graataee ahalI tnclode alarm &ad to thlsr just.. tom the heirs, legal repeeeeetativea ual • ! lndlvldoalse and the aneeeasors Clad assigns yy1TNE5SgTH: That the for and in consideration of LOVE AND AFFECTION, hereby grants, bargains, se) a m' releases, conveys and confirms unto the grantee all that, certain land situate in Oke orida, viz Lots 1 to 5, inclusive, B k 2, is 5, 6, and 19 to 27, inclusive, Block 15 OKEECHOBEE, accord t ereof Tecorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. The real property conveyed hereby is not the residence or homestead of Grantor and is not adjacent or contiguous to the residence or homestead of Grantor. TOGETHER with all the tenements, hereditamenls and appurtenances thereto belonging or in anywise appertaining - TO HAVE AND TO HOLD the said property in fee simple upon the trusts and for the uses and purposes herein and in said trust agreement set forth. The Trustee shall have, without court order or approval, the power and discretion to do all such acts, undertake all such proceedings and exercise all such rights and privileges in the management of the trust estate as if the sole owner thereof, including, without limiting the generality of the terms hereof, all duties, powers and responsibilities granted to Trustees under Chapters 737 and 739, Florida Statutes, as presently constituted and as they may be amended from time to time. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with said property shall be as Trustee of an express trust and not individually and the Trustee shall have no obligation whatsoever with respect to any contract, obligation or indebtedness except only so far as the trust property in the actual possession of the Trustee shall be applicable for the payment and discharge thereof; and it shall be expressly understood that any representations, warranties, covenants, undertakings and agreements hereinafter made on part of the Trustee, wholly in form purporting to the representations, warranties, covenants, undertakings and agreements of ed not as personal representations, warranties, said Trustee, are nevertheless made and intend covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally, but are made and intended for the purpose of binding only the trust property specifically described herein; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustee individually on account of any instrument executed by or on account of any representation, warranty, covenant, undertaking or agreement of the said Trustee, either expressly or implied, all such personal Lability, if any, being expressly waived and released and all persons and corporations whomsoever and whatsoever shall be waived and released and all persons and corporations whomsoever and whatsoever shall be charged with notice of this condition from the date of the filing of record of this Deed- OR0t192 f't�E0008 In no case shall any party dealing with said Trustee in relation to said property, or to whom said property or any part thereof shall be conveyed, contracted to be sold, leased or mortgaged by said Tnistee, be obligated to see to the application of any purchase money, rent, or money borrowed or advanced on said property, or be obligated to see that the terms of this trust have been complied with, or be obligated to inquire into the necessity or expediency of any act of said Trustee, or be obligated or privileged to inquire into any of the terms of said trust agreement; and every deed, trust deed, mortgage, lease or other instrument executed by said Trustee in relation to said property shall be conclusive evidence in favor of every person relying upon or claiming under any such conveyance, lease or other instrument, (a) that at the time of delivery thereof the trust created by this Indenture and bysaid trust agreement ivtis in full force and effect, (b) that such conveyance or other instrument was executed in accordance with the trusts, conditions and limitations contained in this Indenture and in aid of the trust agreement or in some amendment thereof; and binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered to execute and deliver every such deed, trust deed, lease, mortgage'or other instrument, and (d) if the conveyance is made by a successor or successors in trust, that such successor or suxessors in trust have been properly appointed and are fully vested .with all the title, estate, rights, powers, authorities, duties and obligations of its, his or,1hSq4,qredecessor in trust Tice interest okkrh 6"eficiary under the trust agreement hereunder and of all persons claiming under them orlys be only in the- possession; earnings, avails and proceeds arising from the sale or ofof said_puroperty, and such interest is hereby declared to be personal property, and nreunder shall have any title or interest, legal or equitable in or to said real estate as sinterest in thepossession, earnings, avails and proceeds thereof as aforesaid. AND the grantor he i said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has o ght and lawful authority to sell and convey said land; that the grantor hereby fully w nts said land and will defend the same against the lawful claims of all persons who a said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2001. IN WITNESS WHEREOF, the said grantor has signed and se ed these presents the day and year first above written. Signed, sealed and delivered (SEAT.) in our presence: Ali A usain 12556 West Pasadena Avenue Litchfield Park, AZ 85340 Witness's name typed or printed STATE OF ARIZONA COUNTY OF �j[jQC Iffil(Ja FILED FOR RECORD OXEFCPOHEE COUNTY.FLt. 382894 02DEC 31 Put 4:00 S1IARON ROBERTSON CLERK OF CIRCUIT COURT The foregoing instrument was acknowledged before me this' day of December, 2002, by ALI HLISAIN who () is personally known t me pro red Driver's License as identi n. No Public's i re C►LL_ S: Notary's Printed Name My Commission Expires_ At L) jN►. ?�k}S (NOTARY SEAv =&CMRCHES • Arizona 2005 CXJNTY @ CAM 112MO1 CamaUSA Appraisal System Okeechobee County 10/25/2007 15:03 Legal Description Maintenance 7915 Land 002 Year T Property Sel AG 000 2008 R 3-15-37-35-0010-00150-0190 ... Bldg 000 Xfea 000 HUSAIN MUZAFFAR TRUSTEE 7915 TOTAL B 1 CITY OF OKEECHOBEE LOTS 19 - 22 BLOCK 15 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mnt 6/06/2000 KOKOMO F1=Task F3=Exit F4=Prompt F10=GoTo PgUp/PgDn F24=More lijJr7lutJll 1V14y 11111LGU via 1vJG..J/L,vv/ 0:1-4:14 tuvi C age 1 Ul 1 ...wmpuea oy me UKeechobee County Property Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, herein, it's use, or it's interpretation. Although it is periodically updated. thexpressed or implied, are provided for the accuracy of the data is information may not reflect the data currently on file in the Property Appraisers office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.com/GIS/Print Map.asp?pjboiibchhjbnligcafcejfhojiaehdomhi... 10/25/2007 10/25/2007 we City of Okeechobee Okeechobee, Fl To Whom it may concern: We Allow Muhammad Nooraddin to act on our behalf to change the LAND USE CHANGE FROM HOLDING TO CHV AND FUTURE LAND FROM SINGLE FAMILY TO CHV on lot 19, Block 15 in city of Okeechobee. Parcel ID 3-15-37-35- 0010-00150-0190. If any question, please call us at 863-447-0108. Thank you. ---------------------------------- MUZAFFAR HUSAIN M.D 12138 Diedra Ct. Orlando, Fl- 32825 SURAIYA SAIN M.D io f3o%7 NOTARY PUBLIC-ST17 01 LOPMA *f Shahnaz Akhtar Khan Commission# DD535559 Expires: APR. 02, 2010 Bonded Thru r�aantic Bonding Co., Inc. Response to standards. for considering a change in zoning (rezone) I The response rezoning is not contrary to Comprehensive Plan requirements The request for a Small Scale Comprehensive Plan Map Amendment and change in zoning would not be inconsistent with the intent of the Future Land Use Element of Comprehensive Plan. The surroundings land uses are CHV. My 4 lots west of the subject property are zoned CHV. These 2 lots will be part of the project that I am trying to do. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use, CHV development is specifically provided for under CHV zoning district_ The proposed CHV's are consistent and compatible with existing CHVs development and are not contrary to the existing CHV in the general area. 3. The proposed use will not have an adverse effect on the public interest. I desire to construct one story professional office instead of 2 story professional building whose site plan have been approve 1.5 yr ago. on the subject property should not have an adverse affect on the public interest nor would it adversely influence living conditions in the general area. The additional of .4 acres of CHV WILL BE CONTINUATION OF THE EXISTIONG CHV zoning in an area. THERE FORE, It will have no adverse effect on the needs of neighborhood or the city 4. the proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. FEB-eb-2UUU(MUN) 11:a9 NtW HMtXILHN NI ol� r.11113i11T-1 The use is appropriate for the location proposed which is located in a neighborhood that has experienced similar development on like sized parcels. As there is an established trend in the immediate neighborhood toward CHV development it is reasonable that this parcel be rezoned to CHV to match the neighboring chv zoning. The addition of a small CHV development in this area would not excessively increase traffic. My on site plan already suggested. This minor change of CHV WILL BE ADD ON TO MY EXISTING PROTECT of professional -6ffice. The MODIFY site plan review process will ensure that impacts for the development do not adversely impact surrounding properties with respect to drainage. Impacts of a magnitude that would require mitigation appear unlikely for a development of the scale that is being requested in this application. S. Theproposed use will not adversely affect property values or diving conditions, or - be a deterrent to the improvement or development of adjacent property. This is a CIV area, consisting of vacant land currently wit CHV zoning approved, commercial and industrial uses but consisting primarily of vacant property with CHV zoning and a holding classification and the potential likelihood of higher mfr residential development ON SOUTH of subject property. The proposed zoning and subsequent development are compatible with the area and accordingly should not adversely affect property values in the area. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. My 4 lots on immediate WEST of the subject property already have CHV status. The subject property is adequate area to provide for any required buffering as deemed necessary during the modify site plan review process. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed change would allow for CHV development. The proposed change would not alter the population density pattern. There would be NO/minimal impacts to public facilities with the proposed change. S. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. FLb-d5-euud(MUN) I I; 4y NtW `MtL�1LHN NI krHA) IbbJFbjbbly F. UUa/UUa The proposed change will allow for CHV development of the site that has been approved for professional office. I am trying to eliminate 2 story building and go one story only. This is the reason I am buying the adjacent two lots to fit the building and parking lot. The square footage will be more or less the same. It should not adversely impact traffic congestion or public safety. Any specific development would undergo a site plan review process to evaluate traffic impacts, and address the need for mitigation, if appropriate. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. No, the proposed use has not been inordinately burdened. 1.0. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted to the public welfare. The request for a change in zoning to CHV is within an area of the city that is appropriate for consideration. There is adjacent and nearby CHV zoning and uses in the area_ The proposed change is consistent and compatible with surrounding uses. The proposed change will not constitute a rant of special privilege to as individual owner as contrasted with the public welfare_ 1 i D i acxson Street, quite wo Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email:.iim@larae-planning.com Staff Report Rezoning Request Preparedfor City of Okeechobee Applicant: MuhatrimadNooniddinfor Husain Muzaffar, Trustee From: Holding To: CHV Petition No. 08-003-R Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-003-R General Information I Su"\" ✓F, rY` wt,r '' . "X u' a z xp { .ate,' z�isu v r' Qi'z �.. 'r v DT1 D.Sel4 5 { s aq-� ax�k% yak Zoning Distract I3oTdin Z_;' x� Location: NE 12`h Street Legal Description: Lots 19 and 20, Block 15 OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida_ The Applicant requests a zoning change from h (Holding) to CHV (Heavy Commercial) for future development of professional offices. Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No.: 08-003-R KINIMITMI49• - .• r.l• • . • E MEMO Sties � >S a., . `' �' a 3 �'�� •vx'� 2� k^tt' � ��"' zx. °•c% �t "'h '� xF,.x ':2`ic.."�' ?c r Existtng_LandUseVac ant , .�. _ .--� . -..., ....- .....,.. --- �. _ General Comments: The property is vacant. The owner of the property also owns lots 17 & 18 (0.327 acres zoned CHV) immediately to the west and lots 21 & 22 (0.346 acres zoned Holding) immediately to the east. It appears that the Applicant intends that this property will be developed for professional office use in concert with the above identified parcels IA„-mi.,�:^. Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has submitted responses addressing each of the following conditions in support of the request to rezone the subject property to CHV. Staff does not disagree with the Applicant's responses and offers the following comments 1_ The proposed use is not contrary to Comprehensive Plan requirements. The requested rezoning to CHV and proposed professional office use for the property is consistent with the Commercial Future Land Use Category and the policies that govern this category. The proposed use and CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9`h Street, and allow for development of a well -planned mix of compatible land uses in the area. 2 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-003-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Professional offices are allowed in the CHV Zoning District. However, upon rezoning, the Applicant will not be limited to the professional. office use, but will retain the option of developing the property in any of the uses permitted within the CHV district. 3. The proposed use will not have an adverse effect on the public interest. As an expansion of a use having already received site plan approval, the additional land area to be devoted to professional office use is not expected to have an adverse effect on the public interest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The immediate surrounding area is largely vacant with the nearest neighbor being a multi- family use to the south. Professional office uses are located immediately to the west of this multi -family use and the addition of professional offices on the subject site is also considered compatible. Expansion of the CHV zoning in this area is consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9`h 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Professional offices are considered to be compatible with multi -family and other residential uses and should not be a deterrent to improvement or development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood An office can be suitably buffered from surrounding uses if necessary, particularly if the property is joined in development with adjacent properties owned by the Applicant. The details of necessary buffering will be addressed during the site plan review stage. 3 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density is not an issue and the analysis provided in the Staff Report addressed the issues of public services and traffic and the results are not expected to overburden public facilities such as schools, streets, and utility services. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The aforementioned Staff analysis has not indicated potential problems with regard to traffic congestion and only standard drainage improvements are expected to be necessary and are not anticipated to.create any flooding or drainage problems. Specific improvements will be reviewed and approved during site plan review. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. Based on the foregoing analysis, Staff recommends approval of the Applicant's request to rezone the property from Holding to CHV. Submitted by: James G. LaRue, AICP Planning Consultant March 12, 2008 Zoning Map of area Property Appraiser's Aerial of site and surrounding area 1st Public Hearing, Planning Board, March 20, 2008 4 Staff Report Rezoning Request City Zoning Map — subject property LRp ZONING CBD - COFAII BUSINESS DISTRICT C14V - HEAVY COMMERCIAL CLT- LIGHT COMMERCIAL CPO- COMA PROFESSIONAL OFFICE F—HOLDING IND - INDUSTRIA PUB- PUBLIC FACIJTIES PUDAIXED PUD-R F1;F - RES109'MIAL MT `; kW' Rh RESICENILA.MCGILEHJf.'E � - -- RS�. RESIDENTIH 'NGLE F—' .1 . — - — I— — � F-111, Applicant: Muhammad Nooruddin Petition No.: 08-003-R ,rim M E w is �5 7M e 0 2 2 Staff Report Applicant: Muhammad Nooruddin Rezoning Request Petition No.: 08-003-R Okeechobee County Property Appraiser's Aerial I FXMW NQ 3 APR F - RW R6AWAV EXNIVU NO. APR 157" - FINAL ORDINANCE NO. 1018 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 995, CODE BOOK SECTION 70-338 CHANGING THE APPLICATION RESUBMITTAL PERIOD FROM 60 DAYS TO ONE-YEAR AFTER DENIAL; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 2007 the City of Okeechobee, enacted Ordinance No. 995 which amended Code Book Section 70-338 and changed the application re -submittal period from 60 days to one year after denial; and WHEREAS, the City of Okeechobee, amends Ordinance No. 995 changing the re -submittal period of a denied application back to 60 days; 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. Sections 70-338. Application for rehearing. When, after a public hearing, a petition for a comprehensive plan or land development regulations amendment, zoning district boundary change, appeal of an administrative decision, special exception use, or variance has been denied, a petition for the same request cannot be resubmitted for a period of at least 60 days eneyear after denial. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 1' of Apn 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 15' day of April, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added Is underlined Language to be deleted Is to be stroekfh ough Ordinance No.1018 - Page 1 of 1 rage 1 ul 1 Dear City Council Member - For your information, I rec'd this response from Devin Maxwell to my observations on the one year reapply restriction ----- Original Message ----- From: Maxwell &_Maxwell P.A. To: bwhitehall Sent: Thursday, March 27, 2008 5:13 PM Subject: Re: 1 yr restrictn on reapplications Brian, Thanks for informing us on the proposed repeal. Here are my thoughts or recollections on this matter: We did have at least one applicant who I felt abused the process after being denied a land use application, because he called out while leaving the chambers: "I'll see you in 60 days". We had spent over an hour deliberating on it, and when the exact same application showed up two months later, I didn't feel we should have to spend our time hearing it again. There is a saying that sometimes "hard cases make bad law" and it is possible that a narrow set of circumstances was considered in crafting a law that, when applied broadly, creates unintended results. I do not believe the intention was to stymy development. When the Board discussed this we talked about two reasons why a person would want to reapply: 1)Changing neighborhood circumstances that might produce a different outcome, and 2)Modifying the application so that it might produce a different outcome. As for the first, we asked whether there were any circumstances that would reasonably change in less than a year's time. The context of this discussion seemed to be geared more toward future land use map amendments as opposed to other applications. The gist of it was that the complexion of a neighborhood may change, as additional development occurs, and make a proposed land use more appropriate. For example, the expansion of a commercial district into a residential neighborhood may become more appropriate if the existing commercial were to become more intense, and the neighboring residences consequently fell into disrepair, or changed from owner -occupied to rental, etc. The feeling was that this would not likely occur in less than a year. As for modifying an application, the planning board has historically been willing to postpone decisions on applications that had technical defects subject to being corrected. It has also suggested alternative approaches to applicants that would be acceptable under the LDRs in lieu of denial, and allowed applications to be modified by the applicant during the hearing. I read an article recently regarding the denial of a project in the City of Stuart that stated that the applicant could apply again in two years. Do you think the ordinance could be rewritten to both 1) allow a second good faith attempt at a modified or alternate land use change; and 2) prevent repeated identical applications made in bad faith to get an arbitrarily different result? Such as allowing another application if there a "material change in circumstances, or in the nature of the request"? Along these same lines, after our last meeting, I asked the planner if we could begin the periodic Evaluation and Appraisal process to review our future land use map. I think if the map more accurately reflected the policies and past decisions of the City, that many applications for change would be unnecessary. For example, there are certain areas near arterial roadways that have been consistently considered suitable for commercial development, (through past decisions) but that still have residential or holding future land use. I think this process would help alleviate some uneccesary applications. Devin Maxwell & Maxwell P.A. 405 NW Third Street Okeechobee, Florida 34972 (863)763-1119 (863) 763-1179 facsimile tk4 V,�� file://C:\Documents and Settings\Lane\Local Settings\Application Data\IM\Runtime\Message\{ 50AD9F4A... 4/1/2008 EMNIT NO. 4 APR t" AGENVA MEMORANDUM To: Mayor and Council Members From: Melisa Eddings, Deputy Clerk Subject: Street Closing No. 88 Date: March 27, 2008 Attached is a completed street closing application submitted by Anita and David Nunez, to close the partial street East of Northeast 7t' Avenue between Blocks 147 and Block 148, City of Okeechobee Subdivision. The purpose of the street closing is to adjoin their properties. None of the Utility companies require any type of easement. Public Works Director Robertson and City Engineer Bermudez object to the street closing, due to drainage problems and easements. Administrator Whitehall has stated that a drainage easement has to be secured. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the street and present it for first reading at the April 15, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE P-71e STREET OR ALLEY CLOSING APPLICATION (Note: if property is In two names by the word""and" both signatures are required, le: Jim and Jane Doe) SIGN URE OF APPLICANT: GNATuIjE OF CO -APPLICANT: The foregoing Instrument was acknowledged before me this CUrMr SOS by nnl \ (date) tTril / KeZ and ��a4 I,AL)" L?Z , who is gk6iiiikn o me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No. bD 4636 (signature) MPksa F—dcUKA-s (Na Wffffor stamped) EXPIFM-March7, M mN�d7hu rkmry Pu61¢UMnelo i `j IIIIIIIIIIIIIIIIIIII�IIINII>lilrll�li �:,, { �G ++�5� ee MUM:3�791011 Fz BK 005i F>G 1151 SHARON ROBERT50Nr CLERK OF CIRCUIT COURT phis ndkiifi6t ktt aced B and Return to: s "'.i''. t"s•'.•.. - p. Y OREECHOBEE COUNTY? FL - '; RECORDED 09/18/2003 0051140 PH COMELY &''LONELY', P.A. Toix 1a� `COxsLY, III RECORDING FEES 10:30 ' "M401N vt 6TJi STREET DEED DOC 932.00 RECORDED BY N Arnold p y� 6!t2 1i09M FL6734913 67 a " 3 1iarEeliDNomber:.3-15 3y=35-0010-01470-0060 c#cdnted#1 TIN %�N�L. �k q�`This Iitl�entai Made this 2 7h day of Jv3i� 3 2003 BetvVeeh N RED ,Bi CAOLE f 1 o file Counip tit 1 .:? "t st'ite of Florida , gi8dtorl and shwa05, 1DAVID tiU TE7t1 JA anti ANITA S. flIIidS hig<�fift3 t ?7�r tivh', address is 2U85 SAS+' 4th' �t yeti s6keeo6b6dj FI 34914 £pybf the County of 0ket3Chbbee State of Floida ; gral►teeSt k�'f�ltlle§�'t'.iII � that the G1�ANTOItf fof end in eonsiderahon ot`thb:3om of jL �• .�� J fi � � t :. 4ka��cG� s z_c�a tiel.ss- TLN`DCiLt13�`j0�ssns�anns 1n_c DOLtA_RS r�,A�� 83id dthei:guod and ialuabld btinS��eratwri to oF�ANTOR'�t liaod�p6fdsliy CiRAPIBFS�'Sid, receipt Whereof is hereby acknowledged, va3 1I~ � ' rated. b ed 8nd §old do t�b'Said GRAITIBP 8i� C{�1E$S+ Laus� s#4cd sorbt$tt 9ssigus foievda the followw described land, sthmtG l' 1yi�i8lViflfleingintbeConutYot �.0)[beeiliCibe� k a+ i�` { ` ' slate of Fldri�s to ,: Yll fee ijiit hAN attabliadl "1te atcl, dyy� 4 ;THg.rr OPFlRTY II$REI CONVLYED, DO39§ ROTl Ct3�7> TITUTL THE ilomgaTEAD Afii�u.q nt$5' •t- i - 4;�� PROliLit�Y f3F isRl�1TOR 4 : ,,� ,��"-r^�- ��' � ,,s • H x � k t : '�,} ` Atia� �,ac-�i�' r } �f �r"�+�'Vwt � s rtw��E,� '!'` •.. c . �I F bu.Dje6t tb rehtkid't6hilp'rese iat:L6 97 fidfleedAeatfa of redoid, if i` 011&Y!' V. hiah` are riot kaihj5b8Ad hAkfibyp m and t taicef bubtsaguent:..to Decamber r �Eli qqq. � e y y��srr�`tt`a 1 L N! y 4�7 r drf `+ 11 s �� a� the {granttordoes hereby fully tLarrant the hde bo sazd land, and will_ defend the samd against lawful claims of all persons whomsoi ver. x I11 W 1tdCS W IIe1 fib ; 4tise gsahtot has hete:itsio set his hand and seal the d8y� and year fast above wntten. tl I Slg d stud debm' prizsenceE '` y At SFr•' - _ `, EVA t CO24ELY �r F SD g s CAQLE �A s _, P l) Address Pokt (Knee 1#oi 1033, Ini iiiii 3, L 34451 T014" d= rI k a y 8'TAT -0V FLORIDA ' ��tJNTY OF dkEECHOBEE • \ l - rfhe mg instnthimt *di acknowledged beford me thss 27th day of June t 2003 by p M ! . pecsoaaily _ and hx rEVAMAECONELY �� . sidYCOMM186lON�CCt18(>5D3: ` ^� ,x �xt EXFIgEsa DAdembbr 12 2004 EVA MAE 'LONELY V �4 X E x ®OadldTlmtkat,PWtl4MMnlin Notary Public s My co�ssioa Expires 12 / 12 / 04 ` { At /O.So a ov Ti sM*=mea<hepa.edBy and Redrta ear cola 4 a CONMY, P.A. TOK K. I in 401 H.K. GTIL 8T>gBBT P.O. DRMM 1367 O&23c8o88S, PL 34973-1367 PandlDNwober. 3-15-37-35-0010-01480-0010 GranteeM TIN: Grantee #2 TTN: Warranty Deed FILE MUM 377905 OR BK 00511 PG 1160 SHAWN ROBERTSON. CLERK OF CIRCUIT COURT OKEECHOBEE COMM FL RECORDED 09/18/2003 04=50-48 Ph RECORDING FEES 10.50 DEED DOC 350.00 RECORDED BY N Arnold This Indenture, Made this 27th day of June , 2003 A.D., FRED B. CAGLE of the CAMMy of , Smm of Florida DAVID NUNEZ, JR. and ANITA S. NUNEZ. his wife whose address is: 2085 S.B. 4t12 Street, Okeechobee, FL 34974 of the County of Okeechobee Between , grantor, and state a Florida , grantees. witnesseth that ft GRANTIOk1brndinconsidersdonoftbasnmof ---- -------------------TEN DOLLARS ($10)----------------------- DOLLARS. and odw good and vaLubb camidemtim to GRANTOR is hand paid by GRANTEES, die receo wbarmf is hereby aclmsvledged, has granted, bargained and sold to the said GRANTEES and GRANTEES heirs, sneressom and assigns forever, din Wowing descn'hed had, sintate, Iyingand being in me Cows of Okeechobee Stan of Florida to wit See Exhibit "Aa attached hereto. THE PROPERTY HEREIN CONVEYED DOES NOT CONSTITUTE THE HOMESTRAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements Of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and the grantor does hereby Hilly warrant dot tide to said land, and wifl defmd tiro same against lawful clai= of al persons whotnsoawr. In witness whereof, the gramor bag heramto ad bis band and seal the day and year BM above written - Mgned,.saded and deftvere a wr presence: 6(//„ .%r� �7 • (��%C� (seal) EVA l CONELY FRED B. CAGLE WItnese F.0 Address: Pest 00ke Baas IM layspes, FL 3M51 Wi t3S STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing i abumaot wag aged before The this 27th day of June , 2003 by FRED B. CAGLE hespq ylmoaato 13p MECMMY - NYtttCC9 F�PIHESOaremher E-'t`_`': eamdrtweasAr�mtare.r�s EiTA MAE CONffi+Y Notary Public my Commission Expires: 12 / 12 /04 NUNEZ-CA0Ig7,3 r�G—cduyon:dw%y� lax, moo Psnrus ssss ra,.vr-wn~t GMC OR BK 00511 PG 1161 Pay 5 EX1IiB1T The South 99 feetofthe followingcontiguous parcels of land (consolidated), lying in and comprising a part of Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: All of Block 148, OKEECHOBEE, according to the plat thereof retarded in Plat Book 5, Page 51 public records of Okeechobee County, Florida. ALSO: BEGINNING at a point where the North boundary line of North Park Street, extended West, intersects with the West boundary line of Block 148, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, if extended South, said point being 70 feetEastofthe Southeast comerofBlock 149 ofsaidplat ofOkewhobee; thence run Northeasterly 126.9 feet; thence run East 55 feet, more or less, to the Western shore line of the Onoshohatchee River, now known as Taylor Creek; thence rim Southerly, along the Western shore line of said Taylor Creek, to the intersection with the North boundary line of said North Park Street; thence nm West 83.2 feet to the POINT OF BEGINNING. ALSO: BEGINNING at a point of intersection 148.26 feet East of the East boundary line of Block 149, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, measured at right angles to and 100 feet North of the North boundary line of North Park Street; thence run Northeasterly and parallel to the East boundary of said Block 148 and 70 feet therefrom, for a distance of 223.E feet, thence run East on the South line of N.E. 2'd Street (formerly Eighth Street), for a distance of 59 feet to the Wester shore line of the Onoshohatchee River, now known as Taylor Creek; thence run Southwesterly, along the Wester shore line of said Taylor Creek, for a distance of 225 feet; thence run West 55 feet to the POINT OF BEGINNING. ALSO: All that part ofRIVERSIDE DRNE, according to the plat thereof recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida, (now vacated, abandoned and closed), extending from the East boundary line of N.E. 7" Avenue (formerly Oklocknee Street), where the same intersects with the North boundary line of North Park Street, and North to the South boundary of N.E. 2id Street (formerly Eighth Street), if extended East. The lands described in paragrapbs 2,3 and 4, above, as shown on the plat of RIVERSIDE DRIVE as recorded in Plat Book 1, Page 22, public records of Okeechobee County, Florida. LESS AND EXCEPT the South 8 feet, thereof, taken for State Road rigbi-of-way. FILE NUN 397909 OR SK 00311 PG 1166 DATE: 09/18/2003 0"57130 PN SHARON ROBERTSDNr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY► FL DEED OOC 28.00 Thb DMotM Prepared By and Retarn to: COWSLY & COMMY, P.B. TOK W. COMMY, III 402 W.W. M STREET P.O. DRUM 1367 0KRACMDDBRE, 7L 34973-1367 PamdmNwnbtxt 3-15-37-35-0010-00010-001.A Grantee ifl M N: Grantee t2 TAT: Warranty Deed This Indenture, Madedds 27th dayof June , 2003 A.D., Between FRED B. CAGLE Of the county of , State of Florida , grantor, sow DAVID NUNEZ, JR. and ANITA S. NUNEZ, his wife whose addreaa ia: 2085 S.B. 4th Street, Okeechobee, FL 34974 of the oouwy of Okeechobee , Staae of Florida , grantees. witnesseth that the GRANTOR, for and incm&kmd000ftbesumof --------------------TEN DOLLARS ($10)----------------------- DOLLARS. and other good and valuable considew= to GRANTOR in hand Paid by GRANTEES, the receipt wbaeof is b=W aclmowk S4 Las granted, bosaioed and sold to the said GRANTEES and GRANTEES' boos, successors and asslgos foteva; the foDowmS dewd1W had. sMoo,. bins and bemsinrbeco®tyof Okeechobee state of Florida to wit See Exhibit "A" attached hereto. THE PROPERTY HEREIN CONVEYED DOSS NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. and We V=Wr aces hereby My warner the We to said lead, and wM dereod the same apha bwfid clabus of all pam s wbommever. In witness whereof, the vatnor hats hasmeo tta his hmd and seal the day sod year tsar above wdttm Signed, sealed and delivered our presence: EVA i E COMELY �— FRED B. CAGLE a ) Witness P.O. Addresw: Pelt Office Boz IM favernem FL 34451 TO 6� . C III itnes STATE OF FLORIDA COUNTY OF oxEEcHoBEE The foregoing iacutmaa was acknowledged before me this 27th day of June , 2003 by FRED B. CAGLE beispasorullyhaown i EYAWffOONMY "r' NYtXkb465DN!CC9B0503 ODDS Dtmtm" rum SVA CONSLY Nota Public ry My Cession Evhm: 12 / 12 / 04 NUNEZ-CAGL7E2 t—G—aad"Db b ysra®. Iv, 2M cIM tw-sass Fa E.wo-t GMC OR UK 00511 pG 1167 ale 7 EXHIBIT "A" Fourparcels oflandlyingbetweenthe plat ofOKEECHOBEE, accordingtotheplatthereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and the Western shoreline ofTaylor Creek in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commencing at the Southeast corner of fractional Block 83, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Block 83, to the intersection with the centerline of N.E. & Street (formerly Twelfth Street), also being the Southwest comer of a parcel of land as described in O.R. Book 405, Page 663, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence contmue Southeasterly, along said extended line, to the Northeast comer of Lot 1 in Block 84 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof; to the intersection with the centerline of the 20 foot wide alley in said Block 84; thence ran East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of said N.E. 6' Street and the Southeast corner of said land described in O.R. Book 405, Page 663; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. Commencing at the Southeast comer of Lot 1 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 1, to the intersection with the centerline of the 20 foot wide alley in said Block 84 and the POINT OF BEGINNING; thence continue Southeasterly, along said extended line, to the Northeast comer of Lot 5 in said Block 84; thence continue Southeasterly, along the East line of said Lot 5 and Southerly extension thereof, to the intersection with the centerline of N.E. 5" Street (formerly Eleventh Street); thence run East, along the Easterly extension of said centerline, to the Western shoreline of Taylor Creek, thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of the 20 foot wide alley in Block 84; thence run West, along said extended ccnterline, to the POINT OF BEGINNING. Commencing at the Southeast comer of Lot 5 in Block 84, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida and run Southeasterly, along the Southerly extension of the East line of said Lot 5, to the intersection with the centerline of N.E. 5°i Street (formerly Eleventh Street) and the POINT OF BEGINNING; thence continue Southeasterly, along said extended lime, to the Northeast comer of Lot 1 in Block 115 of said plat of Okeechobee; thence continue Southeasterly, along the East line of said Lot 1 and the Southerly extension thereof, to the centerline of the 20 foot wide alley in said Block 115, also being the Northwest comer of a parcel of land as described in O.R. Book 406, Page 288, public records of Okeechobee County, Florida; thence nm East, along the Easterly extension of the centerline of said 20 foot wide alley and along the North boundary line of said parcel of land, to the Westem shoreline of Taylor Creek and the Northeast corner of said land described in O.R. Book 406, Page 288; thence run Northwesterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline of N.E. 6" Shwet thence nm West along said extended centerline, to the POINT OF BEGINNING. Commencing at the point of intersection ofthe Nardwly extension of the East line of Block 147 and the Southeast comer ofLot 12 inBlock 116, OKEECHOBEE, according to the plat thereofrecorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, and run Southwesterly; along OR BK OOS11 PG 1168 said Northern extension of the East line of said Block 147, to the intersection with the centerline of N.E. and Street (formerly Ninth Street), also being the Southwest corner of a parcel of land as described in OR Book 405, Page 664, public records of Okeechobee County, Florida, and the POINT OF BEGINNING; thence continue Southwesterlyalong said extended line, to theNortheast cornea of Lot 1 in said Block 147; thence continue Southwesterly, along the East line of said Lot 1 and the Southerly extension thereof, to the Northeast comer of Lot 9 in said Block 147; thence run East, along the Easterly extension ofthe North line of said Lot 9, to the Western shoreline of Taylor Creek; thence rim Northeasterly, along said Western shoreline, to the intersection with the Easterly extension of the aforesaid centerline ofNY- 3°d Street, also being the Southeast corner of said land described in O.R. Book 405, Page 664; thence run West, along said extended centerline and also along the South boundary line of said parcel of land, to the POINT OF BEGINNING. 1'luI -I; - UVO 11: 1, T1'1 LItlu— V ",Q...... 02-22-2009 14:03 D A SOD 963 467 OG10 PFlGfi:2 Q� e A J Page 2 lrv:3fEtuc' appH�ano" to the folic9erinuvwdy, lrheir ~ Y• j ka >Nr4 a r,hpr.ir nsNri+es�i szf.i�txr Ksi r3+wos - A bC'nnA- Pa ,V4- YL? ter, �2 /Ug r t�3f::. ariax Est %�� — ro .sr•r_p `l&4 7 3 Authorized Sign ure Typed ame & Title Phone No. Date Comcast Cable 1..07 N.WN 7th Ave . . Okeechobee 'FL 34972,.,. 863 763=2187 -1a dew ee A-i - / rrex Authorized Signature Typed Name & Title Phone No. Date S: WIM • 'PIE .............. .. . . tea.-. ��..;.. - rrt' �I __/Au lzed Slgna Typed Name & Tit le / ccc.:�jvc%icC7 j i6-ed D n oc ;ley. 934e, 2' '3 ' Phone No, D to lequired Only For City of Okeechobee & First Addition to Citv of Okeechobee Subdivisions: FiamrlCkEState :` �-' f�h.1.c(c�Tiz.wrT ou�w)r.4 f-�.� .ro�g,cer n� T/f'� tal'Culbreth �" Co Trustee 663 763-3154 ., �'� f-/-'.L-/S,6T/-Ti e- 7-, L 96�76,331J `E -2-ra-o8 Authorized Signature Typed Name & Title Phone No. Date PAGE:2 .:_tom,.'. �.. ,.,,��_'C �'. �0� a • � \el, _ !�. � � �Sf� � .�. .......... .........:..... ...:......:. Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: March 27, 2008 Re: City Streets closing application for Anita Nunes (NE 2 d St. 7 Ave We are aware of the critical drainage problems on City of Okeechobee and for that reason the Engineering Office will not recommend approving the request for the City R/W Closing until future Master Drainage Plans for the City of Okeechobee are finalize and we can determine drainage flow paths. 0o mm��mo �on� MUM��o �o0 0�oamo o�0 0m�n �a��mo �o ooll III mN�mE �aoo o��amo 6�1i 10d�11 oo�aoom 2-01 1nd1m11 ST 100 nl�V!61,1 a 3 4 1,12113 A 1 3 2 1 7 7 711 >¢ SE YD ST t 3 2 1 6 5 a 3 2 1 cn �70 ttt 7 8 91 171� SE 4TH ST (100') 0 STREET CLOSING APPLICATION NO. 88 SURROUNDING CLOSED STREETS 1RRO#NNO CLOSED ALLEYS' NBC ru �a r IY InM n SR 70 Eli ri�lrrJa��- rJ.� 1 i� ri�•�Ja i7 vita �rn� c,_ r rlJJart� �.:�•.i7 Milo d_is• ii0=00 �� ! ® is a,o oTa ® �a'ssr City of Okeechobee SS SE 3'd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehall(aWtyofokeechobee.com * * * * *Memorandum * * * * * Date: For April 1, 2008 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • Legislature initiatives — added at the end of this report • Repeal Ord setting a one yr moratorium on same applications. Ord #1018 = has been discussed prior hereto via email sent to the Planning Board and copied to you. • Grant hearings — we have two agenda items relating to possible grant applications. Timeline parameters require we have these hearings now in order to be considered if/when we make applications for either. The 2007 Ec Devel Grant represents funds remaining from a prior year. Nancy and I are meeting with a prospective confidential applicant on Friday, 3/28/08. • Oaks Plaza (Goody's). SW 21 St turn lane / Dev Agreement. * Atty reviewed 3/12/08 draft Agreement — and distinguished between a Dev Agreemnt (which necessitates considerably more detail than what's described) and simply the terms of a dedication of a R-O-W. * Issues on the draft Agreement — It's difficult to conclude an agreement without Tech Review Comm input. The Agreement calls for receiving a construction permit immediately after conveying the parcel and paying the permit fees. No additional costs to absorbed by the developer in connection with the turn lane. The developer wishes to use unimproved City ROW (along SW 2"d Ave also) for dry retention area. And it appears that the Developer requires that the dedicated ROW area be counted in connection with density. * Creating a formula for Developer's/City's participation — A traffic study - was conducted and amended but has not yielded the information the City is looking for to assist in arriving at a formula that will justify the appropriate contribution... ie. Traffic counts, accord to LaRue's office. LaRue's has requested the appropriate info from Kimley-Horn. • LaRue indicated that the 441 direct access (mid block) is inappropriately close to the SW 21 at intersection. Again, this is TRC related problems that are being addressed prematurely. Page 1 • Alley/Street vacation policy — I was instructed to try to put together an alley vacation policy and have solicited input from each of you. Some of the consensus includes: ■ Charging for the property. Application fee (ex$500), charge for lineal foot, cost different for commercial vs residential, flat fee (ex.$2000), gathering concurrence and fee from parties on both sides of the street/alley. ■ No alley/street closing in a flood prone area ■ Retain as a buffer between Commercial and residential ■ Some alley/street vacations must account for easements ■ Compelling staff argument against application (discussion) ■ A revert clause could be incorporated, for those properties not used in accordance w/ application. • Alley vacation request — Unfortunately we have not subscribed to a `policy' for street vacation, but the Nunez's have submitted for the end of NE 2"d s St at Taylor Creek, placed on this Agenda. • Billboard dispute(s) — The application to Planning Board for the 3/20 meeting was revoked due to them not posting the sign that I delivered to them, in a timely fashion. Recall the app requests changing the Zoning of the parcel on SR 70 West from CBD to Industrial (to accommodate a billboard) as "part of due process" according to the applicant. (Note: The original suit pertains to the parcel at 701 SW Park St. and again, on 117/08 +/- the City reed a listing of assertions relating to a 'Complaint for Declaratory Judgment' of which was answered on Jan 24d. 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.) (Note: On 2114120071 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. • Southern Trace - Oscar and 1 met with Steve Dobbs and there's been a small change in the project approach. Proposal now is to inco►p one 3-story bldg on the northeast corner (lake lot). The density of the entire subdiv will incr to approx 260, which is still under the 264 max., but above the original 230 proposed. Again the devel will be a homeowner's assoc and we continue to iron out the Developer's Agreement. • Sign Ordinance (#994) — LaRue's office is developing notes from the Jan 22"d meeting for use in perfecting the Ord. • School Concurrence element to the Citv's Comp Plan — We anticipate moving on this month with the Planning Bd. Bill Royce indicated that the County has went thru' their hearing process and will submit to the State soon. Page 2 Other Issues by Dept: Attorney: • Royal Concrete project —There is no word from the Petitioners (Walpole/Huggins) or the Intervenors (Royal) since our closed session of 10/2/07. Atty Cook was instructed to advise all parties involved with the mediation that we proceed to the Hearing process and let 'the chips fall where they may'. Engineering: • 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 • 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. Fire: • Fire Union negotiation - Met w/ Union reps on 3/25. The last memo I sent to you should be amended, only to modify Art 10, Sectn 9 replacing Lt with `ranking officer's'. The Union has issues with not accepting the verbiage on stipends, but is considering same and is to get back with me prior to incl it on the Agenda. General Services: • 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 Parrs 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: New Squad car purchase - all cars are done and used ones sold. Am doing another analysis on the profitability based on this years experience. I mentioned to you before about analyzing the purchase of more fuel - efficient vehicles in next year's purchase. Radio Equipment - Jim Threewitts indicated should hear something in April, hopefully. As you know, post 9/11 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. Page 3 Last week we had a conf call w/ him, the radio tech, and our staff, and reviewed our needs, costs, etc. 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 concem. 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: • Speckled Perch festival aftermath analysis — Staff met with Candace Burke, Chamber Ex Dir., about working w/ the City on festivals = • Traffic counts at north 9th Street — Apparently DOT has conducted some traffic counts, but have heard nothing to date as to results. • Commerce Park Lakes — Some 14 contractors attended the pre -bid conference on 3/26. We left the meeting with some modifications and are working on same. Still looking at 4/15/08 Council action. • 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 garage 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. • Employee Spotlight: Jeff Baugh (Fire Dept Senior Lt) w/ the City since 1987, Chief Smith's comments: * Strengths: Loyal and is very good at specific tasks assigned which pertain to equipment or vehicles. When told to take care of a problem it normally gets competed ASAP. * Jeff responds well to me even if he is being disciplin We have a good working relationship. Lt. Baugh seems to thrive in an environment where he is given specific tasks with specific details usually involving the equipment and vehicles. He does a good job keeping the equipment and vehicles in working order. Page 4 • Article about FL, in connection with grading the States, from Governing magazine is attached • What's the FL Legislature up to — By LAURA GREEN, Palm Beach Post, 3/18 TALLAHASSEE — Florida residents would gain unprecedented control over local government agendas, under the Vox Populi or Voice of the People Act. Residents could dictate items on agendas and speak about anything they choose for the first 15 minutes of every workshop and regular meeting. The Florida First Amendment Foundation is highlighting the bill (HB 991, SB 2276) during the annual celebration of Sunshine Week, which honors open government. "The Florida Supreme Court has said we have an inalienable right to be present and be heard," said Barbara Peterson, president of the Florida First Amendment Foundation. "Rep. (Dorothy) Hukill's bill takes that to heart and says this is how we're going to do that. The Florida League of Cities, opposing the bill. "We find it very interesting that the legislature has gone out of its way to not include themselves in their requirement while naming the bill the Voice of the People Act," said Rebecca O'Hara, the league's legislative director. "If the voice of the people needs to be heard at the local government level, it's twice as important that it be heard at the state level." Residents could also request that topics be pulled off the consent agenda, a list of items voted on in one fell swoop without debate, and taken up individually. If a member of the public wants to discuss an item that can't be taken up during the allotted public comment, he can request in writing that it be added to the agenda of a future meeting. That would trigger the staff of the government body to prepare a report on the item and present it at the future meeting. By CHRISTOPHER L. HOLLEY (Exec Dir of FL Assoc of Counties), FLORIDA VOICE, DB News -Journal, 3121 Taxpayers Bill of Rights -- it sounds good doesn't it? Just the phrase itself reminds us of the Bill of Florida's Taxation and Budget Reform Commission is considering placing the Taxpayers Bill of Rights, or TABOR, on the November ballot. Unfortunately, the devil is in the details. TABOR is a national movement to set revenue and spending caps on governments and place oversight of those caps in the hands of the electorate. It still sounds good, right? No matter how good it sounds in theory, in practice, TABOR stunts economic growth and slashes funding for education and critical services. Since June of last year, Florida has instituted local property tax cuts and caps totaling more than $24 billion. Those reductions need the opportunity to take hold. In the meantime, the Florida Association of Counties would like to see a reduction in government not by imposing TABOR's arbitrary caps but by eliminating duplicative services; keeping power with the government closest to the people; and removing the state's ability to pass down unfunded mandates. I hope Florida can learn from Colorado's TABOR mistake. Voters there approved the constitutional amendment in 1992, and it had such a debilitating impact on the state's economy that they suspended the measure in 2005. services. Typically, TABOR ties government revenue increases to the consumer price index. The index is a tool of the federal government as an indicator of inflation, and, therefore, great pains are taken to keep this number low. When this number rises to any degree, then it also means that your cost of goods Page 5 -- milk, eggs and other necessities -- have risen as well. Therefore, in a time when the people can least afford it, TABOR would require government revenues to rise. The CPI is not an indicator of the health and viability of our economy or your personal income and should not be the economic factor setting government -growth' Secondly, TABOR ties any increases in government, such as user fees, taxes or revenues higher than the cap, to a vote by the electorate. This sounds great, right? Well regardless of whether you are a believer in a "direct democracy" or a "representative democracy," the fact is that special interests and the almighty dollar too often determine the outcome of elections. More often than not it is the candidate or issue with the most money that wins an election. If every government budget decision is sent to a vote -- it is not the people who will lead the charge but special interests investing their dollars to influence and sway your opinion with spin rather than the complex facts that often go into making these difficult budget decisions. Finally TABOR encourages a "Big Brother" effect from the state level down to local governments. Let's look at this analogy: Your family has a budget. You know exactly how much you bring in and what your expenses are. Now, let's add Big Brother to the mix. Big Brother can arbitrarily decide to limit the amount of your income and can write checks on your account without your permission or knowing the state of your finances. Can you maintain a balanced budget? State and local leaders agree that government cannot and should not grow faster than the public's ability to fund it, but TABOR is not a responsible way to address this issue. TABOR sounds good at first, but it's a shallow solution, out of sync with our country's ideals and the reality of our state. Page 6 GRADING THE STATES m Florida Florida's leaders have been willing to ex- periment, innovate and manage aggres sively. That's good. But new ideas don't al- ways work out well —particularly when a state lacks sufficient long-term planning. Consider Florida's Division of Human Resources. In zoos, under Governor Jeb Bush, changes to the civil service laws cut back job protections and placed approxi- mately zo percent of the workforce on an at - will basis. The following year, the state out - sourced many of its personnel functions. The results haven't been good. Accord- ing to the Office of Program Policy Analy- sis and Government Accountability —a na- tional leader in program evaluation —the outsourcing has suffered from poor con- tract management and implementation. Over the past fouryears, voluntarytumover among full-time career workers grew dra- matically, leading to reliance on less capa- ble temporary replacements. Florida spends little on its workforce as a whole, ranking ligt in the nation in per capita spending on state personnel. State training dollars as a percentage of total salary also are among the lowest in the country—o.89 percent. And even though it has pursued ambitious and risky personnel initiatives, Florida has had no real human resources strategic plan. With so many services outsoucced and a workforce bifur- cated between those who are civil service and those who aren't, it's little wonder that Florida's HR house has a leaky roof. Fortunately, the state may have begun to learn its lesson. Although nothingtangible is in place yet, a strategic plan steering com- mittee has been working to provide HR guid- ance. Likewise, in 2oo6, the state created an advisory council to vet future outsourdng proposals —especially for the largestprojects. It might be a good idea for a similar council to look into the efficiency of finan- cial -reporting. The state's decades -old ac- counting -information system isn't nearly up to modern needs. An upgrade was at- temptedbeginning several years ago, but it had to be canned in 2007 due to poor prof• ect governance and implementation after nearly $go million was invested. Florida does a terrific job in managing its buildings and transportation assets. Per- formance measures serve as guides to both funding and management decisions. For instance, the Department of Transporta- tion is at a five-year high for projects com- pleted within io percent of the original es- timated price. Forthe mostpart, Floridahas managedits long-term financial position well. The state's pensions are more than ioo percent funded, its liability for other post -retirement benefits is relatively small and the state debt level re- mains modest But some financial matters still slip through the cracks: An internal audit in March 2007 raised red flags about the in- vestments made by the State Board of Ad- ministration —warnings thatnevermadeitto the appropriate authorities until after a run and subsequent freeze on the local invest- ment pool In the short term, the housing bust is hitting Florida particularly hard. Without an income tax, it relies heavily on sales tax rev- enues, especially from the construction in- dustry, and those volatile revenues have been declining sharply over the past year. In January, the state's voters approved a ballot measure that could make fiscal problems worse: It expanded the local property tax ex- emption for resident homeowners, thus depriving localities of revenue many of them need to provide vital services. The lo- calities are bound to come to the legislature in search of help in filling the gap. Many Floridians also are concerned that the Hurricane Catastrophe Fund —a trust fund set up to reimburse insurance com- panies for a portion of future hurricane losses on residential property —represents a risk to the state's long-term financial se- curity. State Chief Financial Officer Alex Sink has estimated that Florida might have to issue $zo billion in bonds if a hurricane did $28 billion in damage. Those bonds would be paid back by homeowners through assessments on their property. Hurricane Wilma alone —a Category 3 storm when it hit the state in zoos —did $10 billion worth of insured damage. . For additional data and analysis, go to pewcenteronthestates.org/gpp Long Term Outlook • Budget Process • Structural Balance • Contracting/Purchasing • Financial Controls/Reporting Strategic Workforce Planning Hiring • Retaining Employees Training and Development • Managing Employee Performance • Aim Infrastructure Capital Planning ' • Project Monitoring •� Maintenance • Internal Coordination • Intergovernmental Coordination Strategic Direction • Budgeting for Performance • Managing for Performance • Performance Auditing & Evaluation •✓ Online Services & Information GOVERNING WARCH2008 1 �3a