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2008-05-061 CITY OF OKEECHOBEE MAY 69 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: May 6, 2008, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Bea Castorina with a Certificate of Appreciation for Serving on the Code Enforcement Board. PAGE 1 OF 12 Mayor Kirk called the May 6, 2008 Regular City Council Meeting to order at 6:00 p.m. Reverend Pete Gawda offered the invocation in Pastor Simpson's absence; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent Present Present Present 105 Mayor Kirk presented Ms. Bea Castorina with a framed Certificate of Appreciation for her six years of service to the City as a member of the Code Enforcement Board. The Certificate read, "Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Bea Castorina, In Recognition of her Outstanding Service to the Community the City and your Fellow Citizens have Benefitted Greatly by your Unselfish Dedication in the Performance of your Duties as Member and Chairperson of the Code Enforcement Board, May 22, 2002 to April 30,2008." 106 MAY 6, 2008 - REGULAR MEETING - PAGE 2 OF 12 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Proclaim the month of May 2008 as "National Youth Safety Month." A proclamation was presented to Andrea Duenas and Jessie Durham, OHS Students and members of the Crime Watch Club, and read in its entirety by Mayor Kirk as follows: "WHEREAS, youth traffic safety is recognized as a vital concern for the youth of Florida, and WHEREAS, our youth is an asset we cannot afford to lose to needless crashes, and WHEREAS, each person, including parents, educators, law enforcement, elected leaders, community leaders, and youth themselves must play a part in protecting our youth and educating them and their families about youth traffic safety; and WHEREAS, the month of May is an opportune time to increase awareness concerning youth traffic safety as the prom season, graduations, and summer vacation months are a time of particular concern, and WHEREAS, with the resources of National Organizations for Youth Safety and its local member agency, we can help increase awareness about youth traffic safety. NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 2008 as "National Youth Safety Month" and I commit this observance to the people of our community." C. Proclaim the Month of May 2008 as "Foster Family Appreciation The proclamation was read in its entirety by Mayor Kirk as follows: "WHEREAS, Hibiscus Children's Centerserves Month." the entire Treasure Coast, including Martin, St Lucie, Indian River and Okeechobee Counties, by providing services to fight child abuse and neglect, with foster care being one of their major programs; and WHEREAS, Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receives hundreds of children annually; and WHEREAS, compassionate foster families throughout Florida provide more than 8,500 children and youth with safe,' secure and stable homes, and WHEREAS, these families open their homes and hearts to children in crisis, playing a vital role in healing and reconnecting children and families and preparing children for adulthood, and WHEREAS, foster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love; and WHEREAS, numerous individuals and organizations work to increase public awareness of the needs of children in foster care and the valuable contributions of foster parents. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2008 as "FOSTER FAMILY APPRECIATION MONTH" in Okeechobee, Florida and commend the Hibiscus Children's Center and all foster parents for their love and dedicated service towards the foster children in Okeechobee County. "No one was presentto receive the proclamation, it will be mailed to Roseanna Gonzales, Foster Care Recruiter, Hibiscus Children's 11 Center of Port St Lucie. MAY 6, 2008 - REGULAR MEETING - PAGE 3 OF 12107 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. D. Proclaim May 4 -10, 2008 as "Municipal Clerks Week." A proclamation was presented to Lane Gamiotea and read in its entirety by Mayor Kirk as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants, and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,1, James E. Kirk Mayor of the City of Okeechobee, Florida, do hereby proclaim May 4 through May 10, 2008, as "MUNICIPAL CLERKS WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent," E. Proclaim May 17 - 23, 2008 as "National Safe Boating Week." A proclamation was presented to Mr. Fred Sterling and read in its entirety by Mayor Kirk as follows: "WHEREAS, recreational -boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport. Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment One particular behavior that can reduce, by approximately 8061, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, it is a simple task that has the potential to reduce terrible loss in lives, and knowledge and skills are important in reducing human error and improving judgment; and WHEREAS, on average, 700 people die each year in boating -related accidents in the U.S.; nearly 70% of these are fatalities caused by drowning, and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, ►, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 17 - 23, 2008 as "National Safe Boating Week" and the start of the year-round effort to promote safe boating. 1 urge all of those who boat to `Boat Smart, Boat Safe, Wear it and practice safe boating habits." 108 MAY 6, 2008 - REGULAR MEETING - PAGE 4 OF 12 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 April 15, 2008 Regular Meeting. April 15, 2008 Regular Meeting, seconded by Council Member C. Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. New Business item "E" was deferred until May 20. New Business item "J" was added to discuss the pending train station demolition. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION AT - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:15 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1020, Council Member Watford moved to read by title only, proposed Ordinance No. 1020, regarding Future Land Use Map regarding Future Land Use Map Amendment Application No. 09- Amendment Application No. 09-004-SSA, submitted by property owners, David and Anita Nunez, re -designating 004-SSA, submitted by property owners, David and Anita Nunez, property located West of Taylor Creek between Northeast 2"d and V Streets and 71' Avenue from Single Family (SF) amending property located West of Taylor Creek between Northeast to Commercial (C); seconded by Council Member L. Williams. 2"d and 3`d Streets and 7" Avenue from SF to C - City Planning Consultant (Exhibit 1). 11 b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) Attorney Cook read proposed Ordinance No. 1020 by title only. Attorney Cook read proposed Ordinance No. 1020 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDINGTHE CITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCR►BEDHEREINFROMSINGLEFAMILYTOCOMMERCIAL; PROVIDING FORINCLUSION OFORDINANCEANDREVISEDFUTURE LAND USEMAPIN THE COMPREHENSIVEPLAN; PROVIDINGFORAN EFFECTIVE DATE." MAY 6, 2008 - REGULAR MEETING - PAGE 5 Of 12 109 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. a) Motion to adopt proposed Ordinance No. 1020. Council Member Markham moved to adopt proposed Ordinance No.1020; seconded by Council Member C. Williams. b) Public comments and discussion. City Planning Consultant, Mr. Bill Brisson presented the Planning Staff Report Findings: A. Consistency with the Land Use Categories and Plan Policies. The comprehensive plan requires the City to manage future growth and implement land development regulations which would protect the use and value of private property and environmentally sensitive areas from adverse impacts of development. Allowing a commercial future land use designation on this property would encourage further pressure for conversion of nearby single-family lands to commercial. Due to problems in the past, the City's plan includes a series of policies to protect Taylor Creek with particular reference to water quality. Except for the parcels immediately adjacent to North Park Street (SR 70 East), and the City Commerce Center, all lands adjacent to Taylor Creek are designated SF on the FLU map. SF use is a least intensive use and is less likely to have detrimental effects upon the creek than any commercial use. Because commercial lands are allowed up to 85 percent impervious coverage, as compared to just 55 percent for SF uses, the greater intensity of commercial use increases the potential for adverse impacts upon the creek. B. Adequacy of Public Facilities. Potable Water is available to the site. Sewer service is available to the site. Both will have to be coordinated with the OUA. Solid waste would be greater than SF use. Traffic would be increased. C. Compatibility with Adjacent and Nearby Land Uses. Most of the nearby property is either vacant or developed residentially. The "Fish House" is the nearest commercial use (located North of Northeast 3`d Street). However, it is a non -conforming use. Surrounding property uses are, to the North is SF Future Land Use, RSF-1 zoning with existing uses being a mobile home and vacant. To the South is C Future Lane Use, CHV zoning with existing uses as vacant. To the East (across Taylor Creek) is SF Future Land Use, RMH zoning with existing use as River Run mobile home subdivision. To the West is SF Future Land Use, RSF-1 zoning, with existing use of residences. Based on the findings that the request is not consistent with the comprehensive plan, the potential negative impacts upon Taylor Creek and incompatibility with the zoning and existing land use pattern in the area, Planning Staff recommends denial. The Planning Board discussed the application at length during their April 17 meeting. The final recommendation by the board was a unanimous vote for approval, based on the ability for the City to utilize the water ways to create appropriate business uses North of the Park Street Bridge. There are existing businesses south of the bridge, such as Burger King, a law office and restaurant. While the commercial uses have been mostly contained within the first block of Park Street, there are several commercial uses encroaching past the first and second blocks. Watford Trucking has been in operation within the center of the residences for over 20 years as well as a contractor's office within the last few years. 110 MAY 6, 2008 - REGULAR MEETING - PAGE 6 OF 12 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. The Council discussed the two main elements of concern which were protecting Taylor Creek and traffic impacts to the residential area and North Park Street. Any potential impacts to Taylor Creek can be addressed through appropriate engineering and development. However, a traffic study will need to be addressed during the rezoning phase of the property. Mayor Kirk asked whether there were any questions or comments from the public? There were none. The applicant, Mrs. Anita Nunez addressed the Council and distributed preliminary site plan copies of the development. She also advised that she was in the process of purchasing both the property where the "fish house" is located and the back parcel of Mr. Lightsey's property, as she cannot address all the parking requirements sufficiently with the amount of property currently proposed. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. CLOSE THE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:42P.M. VIII. PLAN AMENDMENTS FOR TRANSMITTAL SMITTAL TO DCA OM yPEN THE PUBLIC HEARING FOR CYCLE 1-2008 RoEHENSIVE III OR MAYOTRANSMITI'AL 0 DCA A 86:42 R KIRK OPENED THE PULIC HEARING M RING FOR CYCLE I-2008 COMPREHENSIVE PLAN AMENDMENTS A.1. Motion to approve for transmittal Text Amendments to the Mayor Kirk advised that the language on the agenda was not the appropriate action to take and should be substituted Comprehensive Plan establishing a Public School Facilities Element with the information distributed by Clerk Gamiotea. Council Member Watford moved to approve for transmittal Text and amending the Intergovernmental Coordination Element and Amendments to the Comprehensive Plan establishing a Public School Facilities Element and amending the Capital Improvements Element - City Planning Consultant (Exhibit Intergovernmental Coordination Element and Capital Improvements Element (proposed Ordinance No. 1022); 2). 11 seconded by Council Member L. Williams. 2. Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public? There were none. Mr. Brisson briefly reviewed the text amendments. This is the final stages of adoption for the School Concurrency project the City, County and School Board have been working on for several years as mandated by the State Legislation. 3. Vote on motion. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. MAY 6, 2008 - REGULAR MEETING - PAGE 7 OF 12 111 CLOSE THE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A.1. a) Motion to read by title only and set May 20, 2008 as a final public hearing date for proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer, rezoning 0.642 acres located at 701 West North Park Street from CDB to IND zoning district - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set the public hearing date. MAYOR KIRK CLOSED THE CYCLE 1-2008 COMPREHENSIVE PLAN PUBLIC HEARING AT 6:46 P.M. Council Member Watford moved to read by title only and set May 20, 2008 as a final public hearing date for proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer, rezoning 0.642 acres located at 701 West North Park Street from Commercial Business District (CDB) to Industrial (IND); seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1021 by title only. Attorney Cook read proposed Ordinance No. 1021 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 CENTRAL BUSINESS DISTRICT (CBD)ZONING DISTRICT TO INDUSTRIAL (IND)ZONING DISTRICT, AMENDING THEZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member Watford moved to approve the first reading of proposed Ordinance No. 1021; seconded by Council 1021 • Member C. Williams. b) Discussion. Mayor Kirk yielded the floor to Mr. Brisson to present the Planning Staff report. Both the Planning Staff and Planning Board are recommending denial of the proposed ordinance. He also reminded the Council that the applicant was denied a future land use map amendment for the same property on December 4, 2007 (07-013-SSA). Approving the rezoning, without the land use, would create inconsistencies between the two maps. The Planning Staff Report findings are that the petition is not consistent with the comprehensive plan. The proposed use being applied for is specifically authorized under the zoning district. However, there is a moratorium on building permits for billboards. The proposed use will have an adverse effect on the public interest. The use is not appropriate for the location. It is not reasonably compatible with adjacent land uses and could be detrimental to the land use pattern desired for the area. The proposed use could prove to adversely affect property values or living conditions or be a deterrent to the improvement or development of adjacent property. It may not be possible to suitably buffer all the industrial uses that would be permissible on the property. It is not expected that the rezoning would likely result in development that would overburden public facilities, nor create excessive traffic congestion, flooding or drainage problems or otherwise affect public safety. The property is not inordinately burdened by unnecessary restrictions. Rather, it has been subject only to restrictions imposed on other similarly zoning properties in the area. 112 MAY 6, 2008 - REGULAR MEETING - PAGE 8 OF 12 IX. NEW BUSINESS CONTINUED. A.1. b) Discussion continued. c) Vote on motion. B. Discussion regarding the Hwy 441 and S.R. 70 Intersection Project - L.K. Nandam, FDOT. Mr. Brisson further noted that one argument presented by the applicant was that the permitted uses within the IND Zoning District were similar to those in the Central Business District. He distributed a copy of the two zoning districts outlining the specific differences between the two. There are 21 permitted uses in industrial, of those only five are permitted in CBD, six are allowed only by special exception and ten are not allowed at all. Industrial also allows eight additional uses by Special Exception that would not be allowed in the CBD district. Mayor Kirk asked whether the applicant was present to address the Council. There was no one present. He also asked whether anyone from the public wanted to address the Council. No one present responded. The Planning Board received two written letters of objections from surrounding property owners. Council Members Watford and C. William withdrew their motion from the floor. Council Member Watford then moved to deny the approval of the first reading of proposed Ordinance No.1021 based on the Planning Board and (Planning) Consultants recommendations of denial, which were based on the petition being in -consistent VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Note for clarification. The motion that passed was not to approve the first reading. Therefore the previous action to set the public hearing date is rescinded. Mr. L.K. Nandam of Florida Department of Transportation appeared before the Council to obtain approval of proposed changes to Parrott Avenue and North Park Street. The FDOT office was recently contacted by the City, County and various business owners, requestingd that FDOT study the traffic issues that center from the main intersection. Traffic analysis has been conducted and the solution being offered is to add turning lanes to all directions at the intersection and widen North Park Street by 16 feet to the South. From West 0 Avenue to East 4th Avenue. Mr. Nandam distributed copies of the traffic flow improvements. The Council thanked Mr. Nandam for his information, and that they appreciated anything that can be done to assist with the traffic congestion. They also advised Mr. Nandam that he will need to meet with the Hamrick Estate Trustee's as the rights -of -way needed to be acquired will affect the Trust. Mr. Nandam is presenting the project to the Board of County Commissioners at their next meeting. MAY 6, 2008 - REGULAR MEETING - PAGE 9 OF 12 113 1 , s MY nIN IX. NEW BUSINESS CONTINUED. C. Consider to approve Preliminary Plat Review for Park Street Business Center - City Administrator (Exhibit 4). Council Member Watford moved to approve a Preliminary Plat Review for Park Street Business Center; seconded by Council Member L. Williams. Upon discussion of the projection, staff advised that a draft developer's agreement was needed to be part of the submittal for Council to take action on as well. Council Member Watford moved to postpone the matter until the May 20 meeting to allow time for the draft developers agreement to be presented by the applicant; seconded by Council Member C. Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Motion award the purchase of two F650 Dump for the Public Works Council Member Markham moved to award the purchase of two F650 Dump Trucks to the low bidder, Bartow Ford Department - Public Works Director (Exhibit 5). in the amount of fifty-five thousand, fifty-eight dollars ($55,058.00) each for the Public Works Department; seconded by Council Member C. Williams. Quotes for a F650 were obtained from Bartow Ford at $55,058.00 each and Atlantic Truck Center $55,347.00 each. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a Temporary Street closing Application submitted The Temporary Street closing Application submitted by Reach FM, for Southwest 6`h Avenue between North and South by Reach FM, for Southwest 6`h Avenue between North and South Park Street, from Noon June 5 through 11 p.m. June 6, 2008 for a Community Concert was deferred until the May 20 Park Street, from Noon June 5 through 11 p.m. June 6, 2008 for a agenda. Community Concert - City Clerk (Exhibit 6). F. Consider Citizen Board Appointments - City Clerk (Exhibit 7). Clerk Gamiotea presented four applications submitted by citizens to be appointed to the Code Enforcement Board. They are Randy Huckabee (City resident), Les McCreary (County resident/City business owner), Osiel Torres (County resident) and Ann Marie Wolff (County resident). Currently the board has five City and two County residents. Council Member Watford moved to appoint Mr. Randy Huckabee term beginning May 6, 2008 and ending April 30, 2011 and Mr. Lester McCreary, term beginning May 6, 2008 and ending April 30, 2010 as Alternate Board Members to the City Code Enforcement Board; seconded by Council Member C. Williams. 114 MAY 6, 2008 - REGULAR MEETING - PAGE 10 OF 12 IX. NEW BUSINESS CONTINUED. F. Consider Citizen Board Appointments continued. The Council noted their appreciation to everyone who applied. It is rare that they have more than one application to choose from. Council Member Watford also noted his reasoning for the ones selected were that Mr. Huckabee was the only City resident, and Mr. McCreary was the only City business owner. This at least gives them a "connection" with the City. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. G. Discuss the summer meeting schedule - City Clerk (Exhibit 8). Clerk Gamiotea submitted calendars for June and July noting that several staff and council members will be on vacation during the second meetings in both months. Council Member C. Williams moved to cancel the June 17, 2008 and July 15, 2008 Regular Council Meetings; second by Council Member L Williams. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. H. Consider Local #2918 International Association of Firefighters Union At the September 5, 2007 meeting, the Council considered a proposed Fire Union Contract. The contract was Contract - City Administrator (Exhibit 9). amended to reflect a 2.7 percent pay increase (same as other employees). Increase the maximum accumulation for annual leave from 240 to 295 hours (union proposed 312 hours). Amend the consolidation of departments' language. The contract was to be corrected and brought back for further consideration. The items that Council wanted more information on, and would consider at the next budget review was the implementation of stipends. Increase the steps on the pay plan for employee's who have met their 10 and 20 years of service. Changing the length of the contract from one to two years. They agreed to the '2-in/2-out" concept as long as the grant application was successful (the City has received notice that they were not awarded the grant). The proposed contract presented still contain several of the unresolved issues. However, the Union Representatives requested the matter be given to the Council for consideration. Council Member Watford moved to approve the Union Contract with the Local No. 2918 International Association of Firefighters (as presented in Exhibit Nine); seconded by Council Member L. Williams. There was discussion between Administrator Whitehall and the Council, a representative from the Fire Union was not present to address the Counci. 1 F� MAY 6, 2008 - REGULAR MEETING - PAGE 11 OF 12 115 . ,,,... ^. r,.... - ^g�,daffil�l...t. ;'�aa' FIN NO[ � L y� IX. NEW BUSINESS CONTINUED. H. Consider Local #2918 International Association of Firefighters Union Contract - City Administrator (Exhibit 9). Council Member Watford moved to amend the proposed Union Contract to delete the stipends in Article 13. Pay Compensation and change September 30. 2009 to September 30 2008 in Article 27 Duration, making this a one year contract: seconded by Council Member C. Williams. VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION To AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED AS AMENDED. I. Consider renewal of City Administrator two-year Employee contract - City Administrator (Exhibit 10). Council Member Watford moved to approve a two-year renewal to the current employment contract between the City and Brian Whitehall; seconded by Council Member Markham. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: J. Discuss the pending demolition of the Train Council Member Watford began by summarizing an article that was in the Okeechobee News today regarding the Station - Council Member Watford. demolition of the train station by CSX Railroad. As the Council is aware, the City has been working with Okeechobee Main Street to acquire the building. Elaborating further, we all know about the Southland Hotel and the fact that more should have been done to save it as part of our town history. The train station is also a part of the town's history and something needs to be done to help save and preserve it. He requested that Attorney Cook draft a resolution that would implement a moratorium on demolishing historic buildings in order to give the City time to write a historic ordinance or to give OKMS more time to work with CSX. The consensus of the Council was that all efforts needed to be made by the City to save the train station. Attorney Cook was instructed to research the matter and bring whatever necessary documents were needed for consideration at the May 20 meeting. 116 MAY 6, 2008 - REGULAR MEETING - PAGE 12 OF 12 X. 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. James E. Kirk, Mayor ATTEST: r Lame G miotea, CM , City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 8:25 P.M. The next Regular Meeting is scheduled for May 20, 2008. 1 Page -1- CITY OF OKEECHOBEE - May 6, 2008 - REGULAR CITY COUNCIL MEETING. HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk on May 6 2008 City Council Regular Meeting 6 00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Pete Gwada in the absence of Pastor Bruce Simpson of the First United Methodist Church: Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams. Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. X X X X X X X X EI X X X RECORDS A. Present Bea Castorina with a Certificate of Appreciation for Searing on the Code Enforcement Board. A framed certificate was presented to Ms. Bea Castorina in appreciation for her six years of service to the City, the certificate read: "Office of the Mayor, City of Okeechobee, Florida, Extends this Expression of Appreciation to Bea Castorina, In Recognition of her Outstanding Service to the Community the City and your Fellow Citizens have Benefitted Greatly by your Unselfish Dedication in the Performance of your Duties as Member and Chairperson of the Code Enforcement Board, May, 2002 to April 30, 2008" B. Proclaim the month of May 2008 as "National Youth Safety Month." Requested by the OHS Crime Watch, Patty Mullins, Club Coordinator The proclamation was presented to OHS Crime Watch students Andrea Duenas and Jessie Durham who attended with their club sponsor Patty Mullins and read in its entirety by Mayor Kirk as follows: "WHEREAS, Youth traffic safety is recognized as a vital concern for the youth of Florida; and WHEREAS, our youth is an asset we cannot afford to lose to needless crashes, and WHEREAS, each person, including parents, educators, lawenforcement, elected leaders, community leaders, and youth themselvesmust playa part in protecting our youth and educating them and their families about youth traffic safety; and WHEREAS, the month of May is an opportune time to increase awareness concerning youth traffic safetyas the prom season, graduations, and summer vacation months area time of particular concern; and WHEREAS, with the resources of National Organizations for Youth Safety and its local member agency, we can help increase awareness about youth traffic safety. 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 May 2008 as "National Youth Safety Month" and I commit this observance to the people of our community." Page -2- C. Proclaim the Month of May 2008 as "Foster Family Appreciation Month." Requested by Rossana Gonzales, Foster Care Recruiter, Hibiscus Children's Center, Pt St Lucie. The proclamation was not presented as no one was present and read in its entirety by Mayor Kirk as follows: "WHEREAS, Hibiscus Children's Center serves the entire Treasure Coast, including Martin, St. Lucie, Indian River and Okeechobee Counties, by providing services to fight child abuse and neglect, with foster care being one of their major programs, and WHEREAS, Hibiscus Children's Center has two residential facilities that children actually live in when they are removed by the state from all four counties. The Center receives hundreds of children annually; and WHEREAS, compassionate foster families throughout Florida provide more than 8,500 children and youth with safe, secure and stable homes, and WHEREAS, these families open their homes and hearts to children in crisis, playing a vital role in healing and reconnecting children and families and preparing children for adulthood; and WHEREAS, foster parents give generously of themselves to the children, youth and families by providing the invaluable gifts of comfort, safety, guidance, hope and love, and WHEREAS, numerous individuals and organizations work to increase public awareness of the needs of children in foster care and the valuable contributions of foster parents. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of May 2008 as "FOSTER FAMILY APPRECIATION MONTH" in Okeechobee, Florida and commend the Hibiscus Children's Center and all foster parents for their love and dedicated service towards the foster children in Okeechobee County." D. Proclaim May 4 -10, 2008 as "Municipal Clerks Week." Requested by the Clerk's Office. The proclamation was presented to Lane Gamiotea and read in its entirety by Mayor Kirk as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May 4 through May 10, 2008, as "MUNICIPAL CLERKS WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent." E. Proclaim May 17 - 23, 2008 as "National Safe Boating Week." The proclamation was presented to Fred Sterling, and read in its entirety by Mayor Kirk as follows: "WHEREAS, recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. While being a marvelous source of recreation, boating to the unprepared can be a risky sport Not knowing or obeying the Navigation Rules, drinking alcohol or taking drugs while operating a boat, or choosing not to wear a life jacket are all examples of lack of proper judgment One particular behavior that can reduce, by approximately 80%, the number of boaters who lose their lives by drowning each year, is the wearing of a life jacket; and WHEREAS, it is a simple task that has the potential to reduce terrible loss in lives, and knowledge and skills are important in reducing human error and improving judgment; and WHEREAS, on average, 700 people die each year in boating -related accidents in the U.S.; nearly 70% of these are fatalities caused by drowning; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their lifejackets, and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 17 - 23, 2008 as "National Safe Page -3- Boating Week" and the start of the year-round effort to promote safe boating. I urge all of those who boat to "Boat Smart, Boat Safe, Wear it and practice safe boating habits. " V. MINUTES - City Clerk. A. Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the April 15, 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 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? LG W/d new business item E. DW add NB item J the pending train station demolishion. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:15 P.M. A.1. a) Council Member Watford moved to read by title only, proposed Ordinance No.1020, regarding Future Land Use Map Amendment Application No. 09-004-SSA, submitted by property owners, David and Anita Nunez, amending property located West of Taylor Creek between NE 2"d and 3rd St & NE 71' Ave from SF to C - City Planning Consultant (Exhibit 1); seconded by Council Member L. Williams. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No.1020 by title only as follows: "ANORD/NANCEOFTHE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITYOFOKEE:CHOBEECOMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OFLAND MOREPARTICULARL YDESCRIBED HEh7E/NFROMS/NGLE FAMIL Y TOCOMMERCIAL; PROVIDINGFORINCLUS/ONOFORDINANCEAN:f)REVISEDFUTURELAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFF;ECTI VE DATE. " 2. a) Council Member Markham moved to adopt proposed Ordinance No. 1020; seconded by Council Member C. Williams. b) Public comments and discussion. The ordinance addresses an application submitted by the property owners, David and Anita Nunez to reclassify the property from Single to Commerical. The property is a combination of three contiguous parcels equalling 1.74 acres located West of Taylor Creek and Mr. Bill Brisson presented the Planning Staff Report Findings: if land use is approved, rezoning will follow for CLT or CHV, requesting to build on the property, A. Consistency with the Land Use Categories and Plan Policies. The comp plan requires the city to manage future growth and implement land development regulations which would protect the use and value of private property and environmentally sensitive areas from adverse impacts of development. Allowing a commercial future a land sue designation on this property would encourage further pressure for conversion of nearby single-family lands to commercial. Due to problems in the past, the city's plan includes a series of policies to protect Taylor Creek with particular reference to water quality. Except for the parcels immediately adjacent to North Park Street (SR 70 East), and the City Commerce Center, all lands adjacent to Taylor Crrek are Page -4- designated SF on the FLU map. SF use is a least intensive use and is less likely to have detrimental effects upon the creek than any commercial use. Because commercial lands are allowed up to 85 percent impervious coverage, as compared to just 55 percent for sf uses, the greater intensity of commercial use increases the potential for adverse impacts upon the creek. B. Adequacy of Public Facilities. Potable Water is available to the site. Sewer sere is available to the site. Both will have to be coordinated with the OUA. Solid waste would be greater than SF use. Traffic would be increased. C. Compatibility with Adjacent and Nearby Land Uses. Most of the nearby property is either vacant or developed residentially. The Fish House is the nearest commercial use and is located on the north side of NE 3'd Street. However it is a non -conforming use. Direction FLU Zoning Use North SF RSF1 Mobile home & vacant South C CHV Vacant East SF RMH River Run - other side of creek West SF RSF1 residence Based on the findings that the request is not consistent with the comp plan, could potentially have greater negative impacts upon Taylor Creek and incompatibility with the zoning and existing land use pattern in the area, staff recommends denial of the application. April 17, 2008 planning board discussion, with no public input other than the applicant, was that most cities use the water ways to create business type uses, south of Park Street, Burger King is on the creek along with a law office and Mexican restaurant. The vote to find the application consistent with the comp plan was unanimous. LM, two blocks from 70 East, that adjoins current c property, with the way things are going in that area, for commercial to be on 70 on that north side were going to have to grow it 2 blocks deep, we have other commercial uses past 2 blocks deep, and other random businesses in there;, don't understand the area not being suitable due to that. Lightsey's is on 4th Street, and the Fish House in there on 4t' as well. I think it's a good use for the property. DW tend to agree with most of those comments, number 1 concern is taylor creek and tha tit is protected, and agree those objectives can be overcome with correct engineering, TRC needs to review carefully to protect that creek and we have an obligation to protect the waterway. The other concern I have is traffic onto 70. See the potential here, don't know that we want to go any further north. No particular problems with it but think we will have some issues with the traffic and water way protection. LJW - traffic have church of god on 3`d an d4th and the types of activities they are proposing similar to types of acitivities at the church, don't' have a problem iwth it. LM agree with watford with taylor creek but I think we can use this as a chance to clean up the run off as long as it is done right when developed. BW - traffic study imminent, Hampton Inn was border line, we look at traffic study during site plan review? BB actually the rezoning phase will require the traffic study due to the number of units it can trigger, there is the potential for more than 100 trips per hour. Anita Nunez, drawings, banquet hall is the first area to build, have a contract on the fish house, need 14 more parking spaces, and possible back piece of lightsey property, working with SFWMD were actually excited with the clean up, there is a culvert along NE 2"d Street, spoke with DOT they don't see any problems with traffic on this particular parcel, Anyone from the public, there were none. JK - need to look at the flow of traffic from our side streets onto 70 east and west and think the need to have chief look into that area for future traffic. CW don't think it will hurt the creek but it will increase the traffic in the residential area. Page -5- 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 PBBLIC HEARING AT 6:42P.M. MAYOR KIRK OPENED THE PUBLIC HEARING FOR CYCLE 1-2008 COMPREHENSIVE PLAN AMENDMENTS FOR TRANSMITTAL TO DCA AT 6:42 P.M. A.1. Council Member Watford moved to approve for transmittal Text Amendments to the Comprehensive Plan establishing a Public School Facilities Element and amending the Intergovernmental Coordination Element and Capital Improvements Element - City Planning Consultant (Exhibit 2); seconded by Council Member L. Williams 2. Public comments and discussion. Bill explained the process of approving the text amendments. 3. 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 COMP PLAN PUBLIC HEARING AT 6:46 P.M IX. NEW BUSINESS. A.1. a) Council Member Watford moved to read by title only and set May 20, 2008 as a final public hearing date for proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of property owner Mark Ann Newcomer, rezoning 0.642 acres located at 701 West North Park Street from CDB to IND zoning district - City Planning Consultant (Exhibit 3); seconded by Council Member C. Williams. b) Vote on motion to read by title only and set the 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. 1021 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT TO INDUSTRIAL (IND) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member Watford moved to approve the first reading of proposed Ordinance No. 1021; seconded by Council Member C. Williams. Page -6- Bill Brisson, matter has come before you for the future land use map, which was denied. Then applied for rezoning both planning staff and planning board are recommending denial. Brisson distributed handout to compare different uses in CDB and IND zoning districts. b) Discussion. Asked if anyone was here - no one responded. DW doesn't meet the land use plan not compatible with adjoining property owners. Based upon th eevidence by staff contrary to evidence applicant the application is not consistent. Motin and second withdrawn from floor. DW move to deny approval first rea based on the pb & cons recommendation non sis wj/ com plan adjoin property and all other factors listed in staff report; second by c. williams. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. B. Discussion regarding the Hwy 441 and S.R. 70 Intersection Project - L.K. Nandam, FDOT. L.K Nandam appeared before the Council for results of a traffic system management study on 441 and 70 intersection. Why the study was prepared, few months ago the city and county staff requested information and review of 70 and 441, anything shorter that can be done to improve the traffic flow, looked at traffic lights timings, intersection improvements, traffic alternatives, Existing conditions 2007 level of service E, failed, does not meet minimum operation standards Improvement Alternatives Provide dual left turn lanes, all approaches Sufficient width on US 441, need to widen SR 70. Re-route left turns a ways from SR 70 US 441 Prohibit left turns from north and south bound us 441 and from westbound sr 70. Rerouting traffic along local streets in the northwest quadrant of sr 70/us 441 is not feasible. Maintain single eastbound left turn from SR 70 to northbound us 441 Operation and performance and costs Dual left turn lanes 2007 DOS - D Service life of improvement -10 year - reaches LOS E between 2018 & 2020 Estimated costs $3.9 million excluding right-of-way Reroute left turns 2007 LOS D Service life of improvement -10 years - reaches LOS E between 2018 and 2020 estimated costs $6.5 million to $8.4 million Findings: - both improvement alternatives have approximately the same existing and future LOS - cost of re-routing alternative is significantly higher. Recommendation - implement the dual left turn alternatives. Project is not fund yet, want to get approval by the city and help with finding the funding. Need the support from you and work together to make this a priority. First step is to move this to the priority list. Work with the city to get the right-of-way acquisition. DW we absolutely have to do something. LM street in front of pd used more as a parking lot instead of a street Page -7- JK think we should support it. LM what type of time frame should be looking at for the closing and acquisition of the right of way. We need to look at the costs with the trust, then we look for the funding with the priority. LK We need the blessing of the city and then we're going to take it to the county and get their blessing and then we're able to use some of their funding too. Thank you for your work on this as it is a high priority for our citizens. LK thank brian and donnie for working wiht us on doing this study. C. Consider DW/LJW moved to approve Preliminary Plat Review for Park Street Business Center - City Administrator (Exhibit 4). Planning perspective most were ironed out. You have the minutes attached. Cover page with errors. Bill 0 - Rudd Jones & associates. Postpone until may 20, need draft DW move to postpone may c. williams second. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. D. Council Member Markham moved award the purchase of two F650 Dump Trucks to Bartow Ford in the amount of ($) for the Public Works Department - Public Works Director (Exhibit 5); seconded by Council Member C. Williams. Quotes for a F650 were obtained from Bartow Ford $55,058.00 each Atlantic Truck Center $55,347.00 each Purchase of used dump trucks looked at? Donnie researched the trucks 1 year old were within $1000 of this same price as anew one or they were not worth the money to spend. Dispose of two of the older trucks. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. E. Council Member moved to approve a Temporary Street closing Application submitted by Reach FM, for Southwest 6th Avenue between North and South Park Street, from Noon June 5 through 11 p.m. June 6, 2008 for a Community Concert - City Clerk (Exhibit 6); seconded by Council Member. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. F. Consider Citizen Board Appointments - City Clerk (Exhibit 7). DW moved to appoint Randy Huckabee 2011, Lester McCreary April 30, 2010 to alter positions to CEB, with terms; seconded by C. Williams. Page -8- Appreciate the applicants, only reason for picking was the city resident and city owned business VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. G. Discuss the summer meeting schedule - City Clerk (Exhibit 8). CW move to candcel June 17 and July 15 meeting; second L. Williams. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. H. Consider Local #2918 International Association of Firefighters Union Contract - City Administrator (Exhibit 9). DW move to approve the contract with the Local No. 2918 International Association of Firefighters; second by L. Williams. Discussion. DW. Stipends. Accumulation of annual leave. Amend to delete stipends and the time frame. Tend to agree this year it will be hard to agree to a two year contract. Union maintains Assistant chief should be part of the contract. We maintain he does not. He does not pay dues. Have not satisfied the argument. CW never read until now pg 12 DW move to aemnd the agreement to delte the stipends in art 13 and to art 27 duration to setp 30 2008; second by CW. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION TO AMEND: CARRIED. VOTE YEA NAY ABSTAIN ABSENT KIRK X MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION AS AMENDED: CARRIED. I. Consider renewal of City Administrator two-year Employee contract - City Administrator (Exhibit 10). DW approve the 2 year renewal, LM second. VOTE YEA NAY ABSTAIN ABSENT KIRK X Page -9- MARKHAM X WATFORD X C. WILLIAMS X L. WILLIAMS X MOTION: CARRIED. Add D. Watford article in the paper today regarding the demolishion of the train station. We all know of the work the OKMS has been trying to do to obtain th ebuilding. WE all know about the south land hotel and not saving it. Not sure what we need to do but think we need to do something. Moratorium on demolishion of historic buildings. Give us time to write a histrictic ord or give time for OKMS to work more. John, woudl be a good effort, opposed to private land owner, railroad may not need a permit from the city any way. Pete, amtrak official said most stations are owned by cities and that may the city can acquire ownership of the building. DW, we were working on that and CSX led okms to believe that they were going to let the city acquire ownership of the train station. Something has happened and people have changed and now they don't want to work. CW can we pass a resolution to put it on hold? Yes but it means nothing. JK if we can't stop it by resolution then we need to send a letter expressing our intent for acquiring the station. BW we're done that, met wiht them on site, also a lot of unanswered questions for th ecity to acquire the liability wiht the building. J Cook article also said safety issue due to the proximity of the bulding to th etracks. John resarch to see if morotirum will work, at the least do a letter asking for them. Item will be on the may 20 agenda. X. MAYOR KIRK ADJOURNED THE MEETING AT 8:25 P.M. CITY OF OKEECHOBEE MAY 6, 2008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 I. CALL TO ORDER - Mayor: May 6, 2008, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams Council Member Lydia Jean Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Present Bea Castorina with a Certificate of Appreciation for serving on the Code Enforcement Board. B. Proclaim the month of May 2008 as "National Youth Safety Month." 6, 2008 PACE 2 of 4 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED - Mayor. C. Proclaim the month of May 2008 as "Foster Family Appreciation Month." D. Proclaim May 4 -10, 2008 as "Municipal Clerks Week." E. Proclaim May 17 - 23, 2008 as "National Safe Boating Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 15, 2008 City Council Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only, proposed Ordinance No.1020, regarding Future Land Use Map Amendment Application No. 08-004-SSA, submitted by property owners David and Anita Nunez, amending property located West of Taylor Creek between Northeast 2"d and 3`d Streets and Northeast 71h Avenue, from Single Family (SF) to Commercial (C) - City Planning Consultant (Planning Board is recommending approval) (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1020 by title only. 2.a) Motion to adopt Ordinance No. 1020. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. MAY 6, 2008 PAGE 3 OF 4 Vill. OPEN PUBLIC HEARING FOR CYCLE 1.2008 COMPREHENSIVE PLAN AMENDMENTS FOR TRANSMITTAL TO DCA - Mayor. B.1.a) Motion to read by title only, proposed Ordinance No.1022, amending the Comprehensive Plan to establish the Public School Facilities Element and amend the Intergovernmental Coordination Element and the Capital Improvements Element - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1022 by title only. 2.a) Motion to adopt Ordinance No. 1022. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A.1.a) Motion to read by title only and set May 20, 2008 as a final public hearing date for proposed Ordinance No. 1021, regarding Petition No. 08-002-R, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer, rezoning 0.642 acres located at 701 West North Park Street from Central Business District (CBD) to Industrial (IND) Zoning District - City Planning Consultant (Planning Board and Staff are recommending denial) (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. 1021 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1021. b) Discussion. 0 Vote on motion. MAY 6. 2008 PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. B. Discussion regarding the Hwy 441 and S.R. 70 Intersection Project - L.K. Nandam, FDOT. C. Consider Preliminary Plat Review for Park Street Business Center - City Administrator (Exhibit 4). D. Motion to award a bid for the purchase of two F650 Dump Trucks for the Public Works Department - Public Works Director (Exhibit 5). E. Consider Temporary Street Closing for Reach FM, Southwest 6th Avenue between North and South Park Streets, from Noon on June 5, 2008 through 11:00 p.m. on June 6, 2008, for a Community Concert - City Clerk (Exhibit 6). F. Consider Citizen Board Appointments - City Clerk (Exhibit 7). G. Discuss the summer meeting schedule - City Clerk (Exhibit 8). H. Consider Local #2918 International Association of Firefighters Union Contract - City Administrator (Exhibit 9). Consider renewal of City Administrator two-year Employee Contract - City Administrator (Exhibit 10). X. 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. AFFIDAVIT OFAMBLISHER OKEECHO 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 #013806 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 05/01/2008 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. Sworn to and subscribed before me this 1e-j day of A.D. 2008 CITY COUNCIL MEETING NOTICE NOTICE'.IS HEREBY GI V EN�tha City Council afthe City ofokeeclabee will i.RevAar Session on Tuesday, May 6,; 6.00 m at 6i00 p.m. at City Hall, 55 SE 286 _ aocoi ings imps 7pT,,z,7 Rosealee A. Brennan Commission #DD318483 `; *- Expires: Jun 259 2008 ,9�; . •oQ � Bonded T'hTtl Atlantic Bonding CO., lnc. is td:1 Dae tth '4'ppwd* 19 lake af the ,Mayon e f9 9touida i9ca ea6 to Aina 9rt jucognition of fiea C t6tcrndWgc Sowke to ow emnmwtity J fre e&V and yom .motemu eakem in t& Jv4C wnaucc of gom 1�uiieo ao At wtbAm of the Jow ,Mace 22',.2002 to Clpa 30, 20CS Jra qf6 awo ud k"4 9 Rime fiamudo 6et MV fiafid all6lr¢d 16 bCd to 6e affixed Office o Ab ftbe Okeecbobee, Flotida 14 s, youth traffic safety is recognized as a vital concern for the youth - Fonda, and our youth is an asset we Cannot afford to lose to needless crashes, � V A— AS,--7 each person, including parents, educators, law enforcement, elected leaders; . community leaders, and you a youth themselves must play part; '-ecti?i bout youth 4- proi our youth and educating them and their a t! - f ;,andr. crease awareness . :v to in month of May is an opportune time concerning youth traffic safety as the prom season, graduations, andsumrwr, -. vacation months are a time of particular concern; and II-`I*WHZk6iS .unth the resources of National organizations for Youth Safety and_its m ember agency, we can help increase awareness about youth traffc t#r"MIM 1, James E. Kirk, by virtue of the authority vested'In me !as May 8, or"of the City of Okeechobee, Florida, do hereby proclaim 2.06 AMPasi I to Youth Safety Month" and I commit this observance the people' of our ie? munity. In witness whereof I have hereunt0-1 tot , hand and caused this s=1 to Lane GaWote&.- obio ;r 4P" �Ipp' �ffff AF A915-W Ce of tie Avddal ,the Office of the Municipal Clerk, a time honored and vital part oflocal govern. exists throughout the world; and the Office Offi of the Municipal Clerk is the oldest among public servants; and 4 '6 .1 ..H the Office of the Municipal Clerk provides the professional link between the citizens; thelocal governi ng bodies and agencies of government at other levels; and T. ty S, Municipal Clerks have pledged to be ever mindful of their neutrality impartiality; -rendering ' equal service to all; and ons :VVIIEPMAS theMunicipal Clerk serves as the information center onfunctions of local government and community; and nTlEkthe EAS, Municipal Clerks continually strive to improve the administration-ofthe-a f Off - M �C6 of the Municipal Clerk through participation in education programs, seminars, 7 inte tion' al -wor ksho _ps and the annual meetings of their state, province, county and ma professional organizations; and 'A Wl3ERF.AS, it is most appropriate that we recognize the accomplishments Of the Office of the....,.Municipal Clerk. Owl oridd b-hereby--­ TI EREFORE, I. James E. Kirk, Mayor of the City of Okeechobee, F7 i6c dim, May 4 through May lo, 2oo8, as "MUNICIPAL CLERKS WEEK," IK7EFK,,, juriheiext6nd appreciation to our Municipal Clerk, Lane Gamiotea, and to allMunicipd. Clerksfor.. the vital services they perform and their exemplary dedication I jo thd; . . :Communities they represent. In witness whereof have hereunto -set hand and caused this seal to be -xed ?�K' 2 R" 14- a. to ema: t Office of the Mayor 1J 4 Florida 1 sa ob e O keech , w recreational boating is fun and enjoyable, and we are fortunate that we have , resources to accommodate the wide variety of pleasure boating demands Wtile marvelous. source of recreation, boating to the unprepared can be a - risky �r aknowrng or�obeying the Navigation Rules, drinking alcohol or taking drugs while a boat, or choosing not to we a life jacket are all examples of lack of proper;tucg One particular behavior that can reduce, by approximately 80%, the number ofboate , Irsse their lives by drowning each year, is the wearing of a life jacket; and �EREAS, it i5 a simple task that has the potential to reduce terrible loss in lives, and knowledge skills are important in reducing human error and improving judgment, and, ClVHEl7FAS, on average, 700 people die each year in boating -related accidents in the .t) S , nearly 70/a,ofAhese are fatalities caused by drowning; and �EREAS, a sign cant number of boaters who lose their lives by drowning each year would be,. ahe.today had they wom their life jackets; and REASy ;modern life jackets are more comfortable, more attractive and more wearable than Wies: of years past and deserve a fresh look by today's boating public. NOiW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of tt%e city of Okeechobee, Florida, do hereby support the goals of the North American Safe Boating Campaigri and proclaim May 17- 23, 2008 as "National Safe Boating Week" and the start r --of the year-round effort to promote safe boating. I urge all of those wha boat to "Boat t :Smart; Boat Safe, Wear it and practice safe boating habits. air - In witness whereof l have hereunto set hand used this seal tobe affxed.R t X,�� a y, ^r S Office of the masor TT F} okeechobee, F[oriaa r` t � l AS Hibiscus Q ldrees Center serm tlly entire Treasure Coast, includiWmartim St Lucie nd Okeecljobee Counties h 1vrovidingservices to fi t gild abuseand neglect, fostercarebe i saJor p7ogranss and r - Hibiscus ldren's Center as ttvo residential acilities that cljildren actuall Irve its n� n. ;�'��� ; y `3 removed byte state from all four counties Tlje Center receives ljatndreds of c�ildren annuallJr,,and, �r S cohiarlate foster families tlrououtFlorida�rovide more tljan B,Soo c�ildrenand Jroutljyvitljs, secure gisd stA6le ljanses and � E EAS -tI se families open t eir 1,vnres and �wru to gWdren in crisis, I.YIV g a vr'tal role. >fr �eli�ng aid ldrenand amilsesand e ldren oradultOd�and f �lmnW f � is -• '. _ _. kW =IEREAS faster. currents ove generouslJr of tAjemselv�s to tlje dmldre)y �r outfj and fa�nles 6 pro7 rdirtsg t` e . inzrluA6le.9ii% offoife guidance Avpe and love; and _ * REAS numeroars individuals and oryranizations tvorr� to increase j�ublrc awareness of t�e needs of c�jirdren ti foster ire and L,45 valuable contributions of foster)wrents _ OEFORE I amesF R b virtue o au rr vested m me as Ma r o Gat o e ,J i4 f� � f� f ` aq IjerJraclainr t�e montlj of Ma 2008 as "FOSTER FAMILY APPRECIATION : MOIV�� in u C eeG Florida and emmend t1X Hibiscus Cyildren-s Centerand all faster wrents for tljezy la d "dedicated service towards tlje fauter *Idren in O�eeclVAW County. -10 Dt milttw r I ie r� 3r t Attest• r r.. EXHIBIT NO. _� MAY 6'" - FINAL ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEECOMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-004-SSA), submitted by property owner(s), David and Anita Nunez, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on April 17, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 1.74 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-004-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: Ordinance No.1020 - Page 1 of 3 PARCEL ONE: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST CORNER OF LOT 121N BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION WITH THE CENTER LINE OF NORTHEAST 3RD STREET, (FORMERLY NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE TO THE NORTHEAST CORNER 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 CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID CENTERLINE OF NORTHEAST 3RD 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; AND PARCEL TWO: LOTS 6 THROUGH 9 OF BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL THREE: BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE NORTHEASTCORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Ordinance No.1020 - Page 2 of 3 SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1020 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 6th day of May, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 6th day of Mav, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1020 - Page 3 of 3 IV. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • V. OPEN PUBLIC HEARING - Chairperson. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08a4-SSA, submitted by David and Anita Nunez to change the Future Land Use designation from Single Family (SF) to Commerdai (C) for property located on Northeast lr' Street. Legal description: City of Okeechobee, Loth 6, 7, 8 and 9, Block 147 and is approximately 1.74 acre(s) - Planning Consultant: • APRL 17, 2008 PLUM BOARDIBOARD OF ADMTMm AND APPEALS- PAGE 2 OF 8 Chair Ledferd asked whether there were any requests for the addition, deferral or withdrawal of Items on todays agenda? Secretary Clement reported Special Exception 08-004-SE and W-006-SE have been withdrawn. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-004-SSA, submitted by David and Anita Nunez to change the Future Land Use designation from Single Family (SF) to Commerdal (C) for property located on Northeast 7r' Street. Legal description. City of Okeechobee, Lots 6, 7, 8 and 9, Block 147 and Is approximately 1.74 acre(s). Mr. Brisson presented the LaRue Planning Staff Report of denial stating the request is not consistent with the Comprehensive Plan and could potentially have greater negative impact upon Taylor Creek than may be the case, under the current land use designation, and incompatibility with the zoning and existing land use pattern in the area. Traffic impact was also a consideration. Anita Nunez, 2085 Northeast 7' Avenue, Okeechobee, FL 34972 addressed the Board. Mrs. Nunez distributed copies of the development she Is trying to establish to this area. She also stated she has met with Okeechobee UtllityAuthority (OUA) and South Florida Water Management District (SFWMD) with no opposition to the project. The Board discussed the Creek and potential growth for the City, citing people are drawn to the water and felt that this would be a positive growth opportunity for the City. Chair Ledferd asked whether there was any citizen who wished to address the Board. There were none. Board MemberBurroughs moved to approve Future Land Use MapAmendmentAppGgflon No. 08-004 Mcorrsistentwith the Comprehensive Plan and recommend to City Council to dmw the Future Land Use from Single Family (SF) to Commensal (C) for vacant property located on Northeast r Streel; seconded by Board Member O'COW, -- VOTE LEDFERD-YEA HOOVER -ABSENT KELLER.YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA MORGAN-ABSENT O'CONNOR-YEA MOTION CARRIED. Fort Myers, Florida 33901-2845 Phol&39-334-3366 Fax: 239-334-6384 Staff Report - Small Scale Comprehensive Plan Amendment Prepared for.• Applicant: Petition No. The City of Okeechobee David & Anita Nunez General Information Location: NE 7th Avenue Legal Description: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 147 AND THE SOUTHEAST CORNER OF LOT 12 IN BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN SOUTHWESTERLY ALONG SAID NORTHERN EXTENSION OF THE EAST LINE OF SAID BLOCK 147, TO THE INTERSECTION WITH THE CENTERLINE OF NE 3RD STREET (FORMERLY NINTH STREET), ALSO BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN O.R. BOOK 405, PAGE 664, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTHWESTERLY ALONG SAID EXTENDED LINE, TO THE NORTHEAST CORNER 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 CORNER OF LOT 9 IN SAID BLOCK 147; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 9, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE AFORESAID CENTERLINE OF NE 3RD STREET, ALSO BEING THE SOUTHEAST CORNER OF SAID LAND DESCRIBED IN O.R. BOOK 405, PAGE 654; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE AND ALSO ALONG THE SOUTH BOUNDARY LINE OF SAID PARCEL OF LAND TO THE POINT OF BEGINNING. AND: LOTS 6, 7, 8, AND 9 BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Staff Report Small -Scale Plan Amendment scant: David and Anita Nunez Petition No. 08-004-SSA BEGINNING AT THE NORTHEAST CORNER OF LOT 9 OF BLOCK 147, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND RUN SOUTHWESTERLY, ALONG THE EAST LINE OF SAID LOT 9 TO THE SOUTHEAST CORNER OF SAID BLOCK 147; THENCE RUN SOUTHWESTERLY TO THE NORTHEAST CORNER OF FRACTIONAL BLOCK 148 OF SAID PLAT OF OKEECHOBEE; THENCE RUN EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 148, TO THE WESTERN SHORELINE OF TAYLOR CREEK; THENCE RUN NORTHEASTERLY, ALONG SAID WESTERN SHORELINE, TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF AFORESAID LOT 9; THENCE RUN WEST, ALONG THE EXTENDED NORTH LINE OF SAID LOT 9, TO THE POINT OF BEGINNING. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single Family Residential to Commercial for approximately 1.74 acres of land bordering Taylor Creek. Subsequent to this,an application for rezoning to either CHV or CLT can be expected. 7 Staff Report A cant: David and Anita Nunez Small -Scale Comprehensive Plan Amendment Petition No. 08-004-SSA General Analysis . Staff Comments Based on the size of the property (1.74 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. The Applicant also owns the one acre parcel immediately to the south that is zoned CHV and is proposed for commercial development and for which the Board of Adjust- ment has heard an application for variances to allow "zero" setbacks along the west and north property lines. The Applicant requested postponement and to -date the matter has not yet received further review or consideration by the Board. The applicant is requesting this amendment to the Future Land Use Map to allow a multi -functional building for social, religious, political, holiday, sports and other special events. While the proposed use is similar to a community center, because it will be primarily operated for profit, it does not qualify as a community center and therefore would have to be considered commercial indoor recreation. Commercial indoor recreation is a permitted use in the CHV zoning district and is allowed by Special Exception in the CLT zoning district. A. Consistency with the Land Use Categories and Plan Policies. The Comprehensive Plan requires the City to manage future growth and implement land development regulations which would protect the use and value of private property and environmentally sensitive areas from adverse impacts of development. Allowing a Commercial Future Land Use designation on this property would encourage further pressure for conversion of nearby single-family lands to Commercial. Due to problems in the past, the City's Plan includes a series of policies to protect Taylor Creek with particular reference to water quality. Except for the parcels immediately adjacent to SR 70, and the Industrial park in the northeast corner of the City, all lands adjacent to Taylor Creek are designated Single -Family on the Future Land Use Map. Single-family use is the least intensive use and is less likely to have detrimental effects upon the Creek than any commercial use. Because commercial lands are allowed up to 85% impervious coverage, as compared to just 55% for single-family uses, the greater intensity of commercial use increases the potential for adverse impacts upon the Creek. 3 Staff Report Small -Scale Plan Amendment ,plicant: David and Anita Nunez Petition No. 08-004-SSA B. Adequacy of Public Facilities Potable Water: Water is available to the sitevia a two-inch line running along NE 74' Avenue. Under the Single-family land use category up to a maximum of five units per acre is allowed. Therefore the maximum number of units would be seven dwelling units. Staff estimates that .up to about 36,000 square feet of commercial space could possibly be constructed on the 1.47 acres by building a two-story structure. The overall Level of Service Standard (LOSS) is 114 gallons per person per day. While OUA has no specific standard for demand for potable water associated with commercial uses, review of other sources including Manatee County, which has developed a table for estimating utility flow for various uses, and the Florida Depart- ment of Health, which also estimates flows associated with certain uses for determining system size, lead us to believe that it would be reasonable to use a factor of 100 gallons per 1,000 square feet of floor area. Projected demand with seven single-family units = 798 gpd Projected demand from 36,000 square feet of commercial space = 3,600 gpd Sewer: Sewer service is available to the site but the applicant would need to extend a line a couple hundred feet to connect to the gravity sewer at the west of end of Block 146 or construct a pump station if the gravity sewer would not work. It is questionable whether or not the regulatory agency would allow the use of a septic tank so close to Taylor Creek. LOSS is 130 gallons per person per day. Demand from a general commercial use is estimated to be the same as for water, about 100 gallons per 1,000 square feet of floor area. Projected demand with seven single-family units = 910 gpd Projected demand from 36,000 square feet of commercial space = 3,600 gpd Solid Waste: LOSS is 13 pounds per person per day. Projected demand with seven single-family units = 91 Ibs/day. Id Staff Report P 'cant: David and Anita Nunez Small -Scale Comprehens. _ s Plan Amendment Petition No. 08-004-SSA We have no specific data that would indicate the amount of waste that would likely be generated by general commercial space, but we suspect it would be somewhat greater than 91 Ibs/day for a 36,000 sf commercial use. However, there have been a number of instances in the recent past where the capacity of the landfill has been confirmed as being capable of accommodating new development. Staff understands this would continue to be the case in this instance, regardless of the type of use. Traffic: LOS — Principal Arterials C Minor Arterials D All other roadways D Based on the Seventh Edition of the ITE Trip Generation Manual single-family uses generate approximately 1.01 trips in the PM Peak Hour. Commercial traffic generation varies widely depending on the specific use, but even general office use would generate 1.49 trips per 1,000 square feet in the peak hour, and most other commercial uses generate at least three trips per 1,000 square feet. Peak hour traffic with seven single-family units = 7 trips. Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category: Peak hour traffic with 36,000 square feet of office space = 54 trips. Peak hour traffic with 36,000 square feet of general commercial space = 108 trips. Peak hour traffic with 36,000 square feet of medical office = 134 trips. C. Compatibility with Adjacent and Nearby Land Uses As can be seen on the aerial view of the property most of the nearby property is either vacant or developed residentially. For the most part, lands located east of NE 4th Avenue and north of NE 2nd St. are zoned and either vacant or developed in residential use. There are some scattered commercially designated, zoned, and developed parcels within this area, but they are the exception. The Fish House is the nearest commercial use and is located on the north side of NE 3`d St. However, it is a nonconforming use and may not be used as a basis for rezoning other properties. Staff does not believe that the more intense development that would be allowed by changing the land use designation from Single -Family to Commercial, and the likely increase in traffic on NE 7th Avenue and potentially other local roadways is compatible with the surrounding area and would be detrimental to the area. 5 Staff Report Small -Scale Plan Amendment David and Anita Nunez Petition No. 08-004-SSA Recommendation Based on the Staffs finding that the request is not consistent with the Comprehensive Plan, could potentially have greater negative impact upon Taylor Creek than may be the case under the current land use designation, and incompatibility with the zoning and existing land use pattern in the area, Staff recommends denial of the Applicant's request to amend the Future Land Use Map from Single -Family to Commercial. Submitted by: James G. LaRue, AICP April 9, 2008 Property Appraiser's Aerial Photograph FLUM Zoning Map 15t Hearing Planning Board April 17, 2008 G Staff Report cant: David and Anita Nunez Small -Scale Comprehens. _ Plan Amendment Petition No. 08-004-SSA SUBJECT PROPERTY AND VACINITY City of Okeechobee Date= - �—� PeMn nN°- Of-00Y 5SA Fee Paid:'fi�s�Z88 iuris6ction: �� General Services Department 55 S.E. 31 Avenue, Room 101 1st Heating: e7o 2nd Hearing.- Okeechobee, Florida 34974-2903 . . Phone: (863) .763-3372, ext. 218 Publication Dates: Notices Mailed: Fag: 863 763-1686 Comprehensive Plan Map Amendment Application Please Check One: _ Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s):Dcty id 4 �A Z MUM. Wit! Owner mailing address: 20 !� EAve, 3 .. Name of applicant(s) if other than owner (state relationship): Applicant mailing address: _.. Name of contact person (state relationship): n; n Vr\M u h mj. - __ = Contact person daytime hones :` --0 Fax: S/ Property address / directions to property: 3 _1 S_ 3 S -« O _ Q 1 y 70 - cc ('—',G 3 ^ f 3 Parcel Identification Number: - 3 5 _ co©/ — / 0 — /� 4 00 / H E 3 `4 OL = - Size of the Property (in acres): I ..7 q o Current Zoning Designation: r Current Future Land Use Designation: Existing.Use of the Property:q�,- Proposed Future Land Use Designation: Coles Pr osed Use of the Property: -_ `: Description of Surr un g Pro ernes: = Legal Description of the Property (Lengthy Description be Attached): Uniform Land Use Application (rev- 12/03) Page 1 of 2 �/ urvey of Property (11" x 14", 20" Scale) Y Letter Outlining Request NA�- Notarized Letter of Owner's Authorization pplication Fee (non-refundable) t/City Location Map I hereby certify that- fhe information in this. application is correct. The information included in this application is for. use by the City of Okeechobee in processing my request. False or misleading information may be .punishable by. a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. IlRianabire Printed Name Date Uniform Land Use Application (rev. 12/03) Page 2 of 2 • David & Anita Nunez, Jr 610 N. Parrott Ave. Okeechobee, Fl. 34972 863467-0611 863-467-0610 TO: City of Okeechobee RE: Zoning Change Request, Letter of Intent; Outline Letter We are making the request to change the zoning on this property for the construction and use of a multi functional building. This construction of a large building would serve as a facility where events such as weddings, birthdays, family reunions, graduation parties, school events, sports, holiday events, public meeting, political agendas meetings, church socials, fund raisers and a verity of other events and needs would be satisfied. D_SearchResults I� H/ Page 1 of 2 Okeechobee County Property: Appraiser 2007 Certified` Values Last Updated; 1/24/2008 3-15 3730010 Per,.Cel I00010 teracve GIS eD Map Print Owner & Property Info 4: �< Prev Search Result 39 of54 Next» . Owne�'s.Name rrivEz paV a7R.&'ANIrA s IS Ae r�a1�...:: Slte Address ` hobee O:; Okeeca. IVlailing;;` . : 7tI85 SE 4TH ;STREET A'diireSS: ' bkEECHOBEE::. 4§74 '.:i.:. .:.'i; •`. $Fief; Legal Ciri.6F`6*k-e ,6BEE BI GINNING:AT`THE NORTHEAST.'` .. , ; '# `� :•''_ CQlRNER OF LOT;>BLt7CK.147;;; T tal-. -an c1: Q 1 T A ear A RES 0fiZ0 C - - f Neighborhood ==:' ::;.:.. `;=::1536si.00:: Tax.District ` :. 50 UD-Codes ' . Market Area 40 . DOR:Use Code`_:`° :. .. '._: VACANT ,(o00000j'`:>.:.' The DOR'lse Code. shown here is:a Depf of Revenue.code. Please.Contact the_Okeechobee County Planing & Development office at863-783-5548 for specific zoning information. Property Assessment Values - 2007Proposed Values.: Mkt Land Value cnic (ij : $26,800.00 Ag Land Value cnt:: (0) $0.00 Building Value cnti. (o) XFOB Value cnt: (0) $0.06 ised E $26,800.00 Q=lnc Hictnry Just Value $26,800.00 Class Value $0:00 Assessed $26,800.00 Value Exempt Value $0.00 otal. Taxable F $26,800.00 alue Said Date: Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sate Price 6/27/2003 V U 03 $4,000.0 000WD 394%1929 :..: V U 03 $6,000.08%21/1997 11/29/1996:: ' 385/960 WD U 03' $0.0 Ruildina Characteristics Bldg Sketch ` BIdg.ltem . Bldg Dose Year Bit Heated S.F. Actual.S.F. Bldg Value NONE Extra Features & Out',BuIIdings: ( Show Codes),:: Code Desc Year Bit Value Units Dims Condition (% Good) NONE 1 mnrl RroalrelnWn Lnd Code Dese: Units Adjustments EfF Rate Lnd Value 961CAC -.NON/CONFG.(MKT) .670AC 1.00/1.00/1.00/1.00 $40;000.00 $26,800.00 Okeechobee County Property Appraiser Last Updated: 1/24/2008 Prey Search Result: 39 of 54 Next» HOME ! Record Search GIS Map I General Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the http://www.okeechobeepa.com/GIS/D_SearchResults.asp 2/8/2008 ONn['s Name Nl7N,E? DAVID 7R & /LNITA s' Site'•,/�CfCiCeSS�X3::` ,�;b,6`�N>n.`7TFj�4VE;OkeecMo(iee• Ma tf n - ' r 2t1 - 85'' S 4`FH QKE 74`c QgE64L , ..$ A 5 CR S E ?F Tax�pstnct � �o-" Up:Co es: _ =:r , °MarlietAi!ea..: -- 41j:� D e . SIN6lEEAF1``(A00=1;00):��. Ttie:pQR.Use`CodestiQivnhere:isa:Dept:af;Reveriue.code:Pleaseconta tie;Okeechobee'< Cougty Planing &:Devebpmei�toffjce`at`863 7fi3�554816r. ec>fic oning informatforr:' ""• Property:&Assessment Values : 2007 Proposed=Values Mkt_L . and Value cnts (I) $62,240 OQ 1USt VaIU@ " $140,979 00 A Land Val :::. ..» 6, $000 Class Vatue�� Building:Value•. $7e,4s;oo. �o,00 Assessed XFOB Value :. 6k"'(3) $544:00 ` . value... $140,979:00 Totaf Exempt Value Appraised $140,979.00 Total Taxable Value Value $140,979.00 Sales History SaW Date :: Book1Page Inst.-Type . Sale Vlmp _ Said Qual Sale RCode Sale Price, 6/27/2003 IV27/'199fi: 6/1/1940 511/115L: -385/191 314/1828:' 1ND WQ I I U Q U. 02:.:. 03 .- ' $136,000:00 $41,OOD.00 $40;454.00 Building. -Characteristics `` Bldg Sketch . Bldg Item"' . Bldg ,Deso YeaBlt _ Heated S:F-- Actual S.F. Bld Value g. Show Sketcll . ` 1 SINGLE FAM"(000100) 1952 1411' .' ,". "': 2626 . $78;145.06 Extra- Features& Out:Buildi_ngs-(Show Codes ). Code BCT N4 .. Desc BLK CC TIN::.: -Year Blt- ".19.91 .....: -'Value $131.00 Units 40.000 Dims 8.x 5 x 0 ..`.: ;. Condition (% Good) .'.: PD (25.00) ODA OPN DRT AL ' .. 1991 $28.0.0 ' 35.000 Tx 5 x o : - :'-PD (25.00) PLUM62 .2 FIXTURE . 1991 $435.00 .1.000 0 x 0 X 0 PD (25.00) Land: Breakdown :.. Lnd .Code 161CI8 Okeerhnhaa r runty Desc CITY LT (MICT) or r orr;, n .�y� Units 169.500 FF - (.581AC) - Adjustments ` _ . 1.00/1.00/1.00/1.00 Eff Rate $367.20 Lnd Value :] $62,240.00 --- --- ��� Last Updated: 1/24/2008 « PfeV Search Result: 39 of 54 Next ----------------- HOME ( Record Search GIS Map I General Info I Exemptions I Tangible Tax F A Q Contact Us http://www.okeechobeepa.com/GIS/D_SearchResults.asp 2/8/2008 v .eecnooee uoumy rroperry appraiser - iviap rrmtect on 2R5/LUU6 1U:U.) 6 AM Page 1 of ] Okeechobee. County. Property Appraiser 0 200 400 600 ft W.C: "Bilr' Sherman; CFA Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37.-35-0010-00010-001 K.-.VACANT (000000) INTERSECTION OF THE NORTHERLY Name:NUNEZ DAVID JR & ANITA S LandVal $19,200.00 Site: 0 ,'Okeechobee BldgVal $0.00` 2085 SE 4TH STREET ApprVal $19,200.00 z Mail: OKEECHOBEE, FL 34974 JustVal $19,200.00 Sales 6/27/2003 $4,000.00 V / U Assd $19,200'00 Info 8/21/1997 $6,000".00 V / U Exmpt $0.00 1 V29A 096 $O.OU V / U Taxable $19,200.00 I -t i InHnt. i• 1 OAtgnnR wan derived from data which was compiled by the Okeechobee County property Appraiser's 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, expressed or implied, are provided for the accuracy of the data herein, its use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's 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/GISIPrint Map.asp?pjbolibchhjbnligcafccjfhojlaehdomhloankkimfbpf ibo... 2/8/2W II: SearchResults Page: I. of71 ' Okeechobee County Pr rty Appraiser Last Updated: 1/24/2008 2007 Certified Values _ — Parcel ID: 3=15 37-35 0010 00010r001K Retrieve Tax Record PropettyCard ` :Interactive GIS Map `Print OWner & Properly Info «Prev , `Search ResuH; 39 of 54 Next» CrWrlle[�S.111ame ' Ni1NEZ:DAVID JR & ANITA S GIS Aerl Slid'Address a'; Okeechobee ++ _r.. _ Mailing'::; 777777 208-5-sE-4TH STREET AddresS':.. ` :::"_ 0. EECHOBEE,`.FL 34974'" Brief CLTY;OF�OKEECHQBEE,:COMM,ENCING;AT:THE POINT_OF- IN. ERS-ECTION`;QF—T. NORTHERLI' Area .0.�48U - 1 'C;_ -.31 so-. UD Codes::_'` = Market Are .. 40 DORUse Code._':: `:..` `'-.`. vacalvr'.(000000):'= ..... :. _ The. DOR Use'Code shown tiers is a .Dept: of Revenue:code:.Please contact the Okeechobee County:Planing & Developmentoffice at 863-763-5546 for specfic zoning information. Property &.Assessment Values 2007 Proposed Values Mkt Land -Value CO' (1) 19,200.00 - Ag Land Value cnt: (0) _ $o:oo Building Value cnt: `(.o) $o:oo XFOB Value cntt (0)° $o.00 Total Value Just Value � - $i9,zoo:oo Class Value $o:oo Assessed Value - - �i9,2oo.00 Exempt Value $o.00 Sales History Sale Date Book/Page Inst. Type Sale Vlmp Sale Qual Sale RCode Sale Price 6/27/2003 '.: 511/1166 : WD V U 03 $4,000.00 8/21/1997 394/1929. .:.. WD V U 03: $6,000.00 11/29/1996 385/960 WD .`. V' U 03 $0.00 Building Characteristics Bldg Sketch' : Bldg Item Bldg, Dese Year Bit Heated S.F.. Actual S.F. Bldg Value NONE Extra Features & Out Buildings ( Show Codes) Code Desc . Year Bit Value Units Dims Condition (% Good) NONE Lana Breakdown Lhd Code Desc Units Adjustments Eff Rate Lnd Value 961CAC NON/CONFG (MKT) .480 AC 1.00/1.00/1.00/1.00 $40,000.00 $19,200.00 vKcec.nooee t-ounry rroperry Appraiser Last Updated: 1/24/2008 « Prev Search Result: 39 of 54 Next» HOME ! Record Search I GIS Map I Generai Info I Exemptions I Tangible Tax I F A Q I Contact Us This information was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the h"://www.okeechobeepa.com/GIS/D_SearchResults.asp 2/8/200 llQ`Y 116 ea+nAr alner lmicLL f lQ W ASA P Erm SSA EI�A lIIwY P P l w� ■ FF ��A9lYY[ I,YL�6 . GYR1le�1YR�rtlICnC�M1 �w1� l@i'ftlW�SbMiI.LT.IYYr lr�y��e0�ryi� Y 11 ■f ObsP IY�IMY YtI�z f �L l ����P YapS� �®( ��a� M1tl . 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Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i PUBLIC NOTICE Okeechobee County, Florida; that the attached co of advertis CONSIDERATION OF ADOPTING Y PY A CITY ORDINANCE ment, being a PLEASE TAKE NOTICE that Ne C ty Council of the O ly oif Okeechobee, Rorida nn Tuesday, Mgy6,j 08p.m.orassoopfter poible, 55SE3rd Ave ,Okhobee, FC conductaPUBLICHRING ond thereaNrcsiderfinalreadioftheforinggOrdinance N0.1020AN 01�,�j1�t�aNANCE OFTNE COF OKEECHOBEE, FLORIDA AMENDOiG THE CITYOKEECHOBEE COMEHENSIVE PLAN,ORDINANCE N0.635ASAMENDED REVISINGTNEFUTE LAND USE MAP ON A CERTAIN TRACT OF LAND MI in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of CIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FLUDRE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFEC- TIVE DATE;: The Ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 08-004-SSA; submitted by property owners) David and Anita Nunez. The request is to change the Future Land, se designation from SF to C for property located West of Taylor Creek between Northeast 2nd and 3rd Streets and Northeast 7th Avenue; City of Okeechobee Subdivision and is approxi- mately 1:7.4`acre(s). The proposed use is for a multi -functional building. All members of the public are encouraged to attend and participate in said hearing. The pro osed Ordinance may be in, in is entirely by members of the pub- lic in the Office of the Cy Clerk during regular business hours, Mon -Fri, Bam-4;30ppm; except for holidays. PLEASE TAKE. NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Cdy Council with respect to any matter considered at this hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which, the appeal is to be based. City.Clerk media are for the sole purpose of backup for official records of the Clerk. ,' In accordance with the Americans with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later than two (2) working days pria to the. pweeding at 863-763-3372 x215; if hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 MY). Lane Gamiotea, CMC, CITY CLERK 271221 ON """"" Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. I ) Swom to rid subs sibed before me this e T �pG � a�P��-yae� Ja63e$ta Tr:9b6ku1t day of J A D 20 = Commission # DD5053i 1 � "; o� Expires !anuary 10, 2010 `Bonded Trcy Fain insurance Inc 800-385-7019 No;�ri/(Public, State of Florida at Large MAY 67" AGENDA - EX>f IVIT Na. �-- ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN, SO AS TO ESTABLISH THE PUBLIC SCHOOL FACILITIES ELEMENT, AND ASSOCIATED TEXT AMENDMENTS TO THE INTERGOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENTS ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES AND POLICIES, AND DATA AND ANALYSIS; TO MEET THE STATE OF FLORIDA MANDATED PUBLIC SCHOOL CONCURRENCY REQUIREMENTS IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, the City Council of the City of Okeechobee has adopted a Comprehensive Plan by Ordinance No. 635, as amended, in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, Chapter 163, Florida Statutes, and Rule 9-J-5, Florida Administrative Code provide for amendments to adopted Comprehensive Plans; and WHEREAS, in 2005 the Florida Legislature passed a sweeping growth management bill, requiring, among other things, that local governments ensure that adequate public school capacity is available to meet the impacts of new residential development, a concept known as public school concurrency; and WHEREAS, the legislation requires that all local governments amend their Comprehensive Plans to include a new Public School Facilities Element and revised Intergovernmental Coordination Element and Capital Improvements Element as necessary to meet the new public school concurrency requirements; and WHEREAS, since passage of public school concurrency legislation in 2005, the City of Okeechobee has been participating in a countywide intergovernmental effort to comply with and implement the new requirements; and WHEREAS, said proposed amendment was reviewed by the City's Planning Board as the City's Local Planning Agency, at a duly advertised meeting on April 17, 2008, at which hearing all interested parties were afforded the opportunity to be heard; and recommended approval of the proposed Comprehensive Plan Amendments provided as Attachments herein; and WHEREAS, the City Council has agreed with the recommendations of the City's Planning Board, that the proposed Amendments comply with the requirements of Chapter 163, Florida Statutes, Part II, is consistent with the Comprehensive; and WHEREAS, the City has received and responded to the Objections, Recommendations, and Comments Report; and WHEREAS, one (1) public hearing was held by the City Council on said Ordinance, 1022, and a date to be determined, following the Department of Community Affairs review. Ordinance 1022 - Page 1 of 2 NOW THEREFORE, it is 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: SECTION 1. That the City of Okeechobee, Florida hereby adopts amendments to its current Comprehensive Plan dated March 19, 1991, as amended, which amendments consist of the pages which are identified as Exhibits "A", "B" and "C", attached herein; a copy of the Amendments are on file at City Hall in Okeechobee, Florida. SECTION 2. That the City Clerk is hereby directed to transmit three (3) copies of the amendments of the current Comprehensive Plan to the State Land Planning Agency, along with one (1) copy to the Central Florida Regional Planning Council; Florida Department of Education: Florida Department of Environmental Protection, Office of Intergovernmental Programs; Florida Department of State, Division of Historic Resources; Florida Department of Transportation; Office of Tourism, Trade and Economic Development and the South Florida Water Management District, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. SECTION 3. That all ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Effective Date. The effective date for the enactment of this Ordinance No.1022 shall be the date a Final Order is issued by the Department of Community Affairs finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a Final Order is issued by the Administrative Commission finding this Amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes. INTRODUCED for first reading of the ordinance for transmittal, in accordance with Chapter 9J-11 F.A.C., and F.S. 163.3184 (15), at public hearing this 61h day of May, 2008. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED on second and final public hearing on this day of , 2008. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance 1022 - Page 2 of 2 James E. Kirk, Mayor ORDINANCE 1022 - EXHIBIT "A" PUBLIC SCHOOL FACILITIES ELEMENTS Ordinance 1022 - Exhibit A Public School Facilities Element Goal, Objectives and Policies City of Okeechobee Comprehensive Plan GOAL: To provide a public school system that offers a high quality educational environment, provides accessibility for all of its students, and ensures adequate school capacity to accommodate enrollment demand within a financially feasible School District Capital Plan. [9j- 5.025(3)(a)] Objective 1: Provide adequate school facilities in Okeechobee County Schools by adopting a concurrency management system to achieve and maintain the adopted level of service for the short and long term planning periods. [9J: 5.025(3)(b)(1)] Policy 1_1: Policy 1.2: The City hereby adopts the following Level of Service standards for existing and new schools: [9J-5.025 (3)(c)(7)] Type of School Level of Service Existing School Permanent FISH Capacity Considering Utilization Rate 100% New Elementary 750 New Middle 1,000 New K-8 1,200 New High School 1,500 Source: Okeechobee County lnterlocal Agreement for Public School racllityPlamung. The City hereby adopts a district -wide School Concurrency Service Area (SCSA). Policy 1.3: By school year 2011-12, school concurrency will be applied on a less - than district -wide basis, using school attendance zones as the SCSAs. [9J-5.025(3)(c)(1)] Policy 1_4: The City, the County, and the School District shall utilize the following procedures for modifying SCSAs: [9J-5.025(3)(c)(1)] a. Modification shall be made at the same time as the establishment of modified attendance zones with data and analysis to support the change. Any proposed change to the SCSAs shall require coordination with the City and Okeechobee County, and demonstration by the School District that the change complies with City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 the public school LOS standard and that utilization of school capacity is maximized to the greatest extent possible. b. All parties subject to school concurrency will review the proposed modification and send their comments to the School District within 60 days of receipt of the proposed change. c. The modification of the SCSAs shall be effective upon adoption by the School Board. Objective 2: A school concurrency evaluation will be performed by the Okeechobee County School District to review projected residential development in order to accommodate new students at the adopted level of service for adequate school facility capacity. [9J- 5.025(3)(b)(2)l Policy 2.1: The City shall not approve any non-exempt residential development application for preliminary plat, site plan or functional equivalent until the School District School has verified that available capacity exists to serve the development. Policy 2.2: The City shall consider the following residential uses exempt from the requirements of school concurrency: a. Single family lots of record, existing at the time the school concurrency implementing ordinance becomes effective. b. Any new residential development that has a preliminary plat or site plan approval or the functional equivalent for a site specific development order prior to the commencement date of the School Concurrency Program. c. Any amendment to any previously approved residential development that does not increase the number of dwelling units or change the type of dwelling units such as single-family to multi- family. d. Age restricted communities with no permanent residents under the age of 18. Exemption of an age restricted community will be subject to a restrictive covenant limiting the age of permanent residents to 18 years and older. City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 Policy 2.3: The City, through its land development regulations, shall establish a school concurrency review process for all residential projects that are not exempt under Policy 2.2. The minimum process requirements are described below: a. A residential development application is submitted to the City, which includes a School Impact Analysis (SIA). b. The City determines application is sufficient for processing and transmits the SIA to the School District for review. c. The School District reviews the application for available capacity and issues a School Capacity Availability Letter (SCAL) to the City: 1. If capacity is available within the SCSA, the School District shall issue a SCAL verifying available capacity. 2. If capacity is not available within in the SCSA, the School District shall issue a SCAL indicating the development is not in compliance with the adopted LOS and may offer the developer a negotiation period to present mitigation options. 3. The City shall not issue approval any preliminary plat, site plan or functional equivalent for a residential development until receiving confirmation of available school capacity in the form of a SCAL from the School District. Policy 2.4: If adequate school capacity is not available to support a proposed residential development, the City, in conjunction with the School District, shall review proportionate share mitigation options which will add the school capacity necessary to satisfy the impacts of the proposed development. [9J-5.025 (3)(c)(9)] a. Acceptable forms of mitigation shall include, but are not limited to: 1. School construction 2. Contribution of land 3. Expansion of existing permanent school facilities subject to the expansion being less than or equal to the student capacity needed for a new school of the same category. 4. Payment for construction and/or land acquisition 5. Cost of financing City of Okeechobee Comprehensive Plan 3 Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 b. If mitigation is approved, the City and the School District shall enter into a legally binding commitment with the residential developer, and the School District shall issue a SCAL. c. If mitigation is denied, the City shall deny the application based on a deficiency in available school capacity to support the residential development. Policy 2.5: The City shall, upon acceptance of a mitigation option identified in Policy 2.4, enter into a legally binding commitment with the School District and the developer. [9J-5.025 (3)(c)(9)] Policy 2.6: The City shall be responsible for notifying the School District when a residential development has received approval of a preliminary plat, site plan or functional equivalent, when the development order for the residential development expires or is revoked, and when school impact fees have been paid. Policy 2.7: No later than December 31, 2008, the City shall adopt school concurrency provisions into its Land Development Regulations (LDR). Objective 3: Beginning with an effective date in 2008, all new public schools built within the City will be coordinated to be consistent with the City's future land use map designation, will be co -located with other appropriate public facilities when possible, and will have the on -site and off -site infrastructure necessary to support the new school. [9J-5.025(3)(b)(4), 9J-5.025(3)(b)(5), 9J-5.025(3)(b)(6) Policy 3.1: The City, in conjunction with the School District, shall jointly determine the need for and timing of on -site and off -site improvements necessary to support a new school. [9J-5.025 (3)(c)(5)] Polic2: The City shall enter into an agreement with the School Board identifying the timing, location, and the party or parties responsible for constructing, operating, and maintaining off -site improvements necessary to support a new school. [9J-5.025 (3)(c)(5)] Policy 3.3: The City shall encourage the location of schools near residential areas by: [9J-5.025 (3)(c)(4), 9J-5.025 (3)(c)(5), 9J-5.025 (3)(c)(10)] a. Assisting the School District in the identification of funding and/or construction opportunities (including developer participation or City capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements. b. Reviewing and providing comments on all new school sites. City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 c. Allowing public schools, meeting the minimum land size criteria established by the State, within all residential future land use categories. Policy 3.4: The City, in conjunction with the School District, shall seek opportunities to co -locate public facilities with schools, such as parks, libraries, and community centers, as the need for these facilities is identified. [9J-5.025 (3)(c)(4)] Polio 3.5: The City, in conjunction with the School District and Okeechobee County, shall identify issues relating to public school emergency preparedness, such as: [9J-5.025 (3)(c)(9)] a. The determination of evacuation zones, evacuation routes, and shelter locations. b. The design and use of public schools as emergency shelters. c. The designation of sites other than public schools as long-term shelters, to allow schools to resume normal operations following emergency events. Policy 3.6: The City, the School District and Okeechobee County hereby establish an oversight committee to monitor the Interlocal Agreement for Public School Facility Planning (ILA) which includes provisions for school concurrency in Okeechobee County. [9J-5.025 (3)(c)(3)] Objective 4: Beginning with an effective date in 2008, the City's annually updated rive -year schedule of capital improvements will include school capacity projects adopted by the School Board necessary to address existing deficiencies and meet future needs. [9J- 5.025(3)(b)(1), 9J-5.025(3)(b)(3)] Polic�4.1: The City shall, no later than December lst of each year, incorporate into the Capital Improvements Element a summary of the capital improvements program and estimated revenue sources from the School District's annually adopted Five -Year Capital Plan. [9J-5.025 (3)(c)(2)] Policy 4.2: The City, in conjunction with the School District, shall annually review the Public School Facilities Element and maintain a long-range public school facilities map series, including the planned general location of schools and ancillary facilities for the five-year planning period and the long-range planning period. The map series shall include at a minimum maps showing: [9J-5.025 (3)(c)(3)] City of Okeechobee Comprehensive Plan 5 Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 a. Existing public school facilities by type and location of ancillary plants [9J-5.025 (4)(a)] b. Public school facilities and ancillary plants generally planned for the five-year and long-range planning periods [9J-5.025 (4)(b)] Policy 4.3: The City, in conjunction with the School District, shall coordinate the long-range public school facilities map with the City's comprehensive plan and its future land use map. [9J-5.025 (3)(c)(6)] Policy 4.4: The City shall include schools as a part of the Annual Concurrency Report. City of Okeecbobee Comprehensive Plan 6 Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 0 0 MAP SERIES City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 Figure 1— Existing Elementary School Location and Attendance Boundary Map Existing School Locations and Boundary Map Elementary Schools Public School Facilities Element Data and Analysis Okeechobee County Legend Roads dr concurrency Boundary Water Bodies I Elementary Schools rImn � .Hom 1 and AwocWes, Inc. Marcfi 28, 2007 City of Okeechobee Comprehensive Plan R " Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 Figure 2 — Existing Middle School Location and Attendance Boundary Map Existing School Locations and Boundary Map Middle Schools is Public School Facilities Element Data and Analysis Okeechobee County Legend Roads dF Concurrency Boundary Water Bodies Z Mlddle Schools March 28, 2007 9 Figure 3 — Existing High School Location and Attendance Boundary Map School Location and Attendance Boundaries High .Schools Public School Facilities Element Data and Analysis Okeechobee County lHom 2. WIG Asst�c�ft liv. March 28, 2007 City of Okeechobee Comprehensive Plan 10 Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 Figure 4: Future School and Ancillary Facility Location Map Future School Facilities Public School Facilities Element Data and Analysis 49 Okeechobee County March 29, 20D7 City of Okeechobee Comprehensive Plan Public School Facilities Element Goal, Objectives and Policies Draft - March 2007 — Revised May 2007 11 ORDINANCE 1022 - EXHIBIT "B" INTERGOVERNMENTAL COORDINATION ELEMENTS Ordinance 1022 - Exhibit B Intergovernmental Coordination Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Goal: To achieve greater governmental efficiency and resolve conflicts by coordinating development activities between the City of Okeechobee and Okeechobee County, and relevant regional, state, and federal entities. Objective 1: The City of Okeechobee shall continue to coordinate its Comprehensive Plan with Okeechobee County, the Okeechobee County School Board, and other relevant state or local agencies through the sharing of information and by seeking intergovernmental agreements. Policy 1.1: The City of Okeechobee shall continue to ensure coordination of activities in its Comprehensive Plan with plans of the Okeechobee County School Board, Okeechobee County, and other state or regional entities through regular exchange of information. This information shall include, but not be limited to, building permits, zoning cases, planned land use amendments, engineering plans, demographics, proposed annexation areas, socio-economic information, and utility service areas and capacity. Policy 1.2: The City of Okeechobee shall, at the least, annually provide text and future land use map updates of its Comprehensive Plan to adjacent local governments. Policy 1.3: The City of Okeechobee shall continue to request information and assistance as is feasible from local governments and Okeechobee County, including the County Comprehensive Plan and any Plan updates. Policy 1.4: The City of Okeechobee shall continue to notify the Okeechobee County Manager in writing of all proposed annexations. The City Administrator, or his designee, will meet with the Okeechobee County Manager, or his designee, to resolve any potential annexation conflicts or issues. Policy 1.5: The City of Okeechobee shall maintain a database of interlocal agreements which provides a listing of active formal agreements. City of Okeechobee Adopted: March 19, 1991 EAR based Comprehensive Plan Amendments Amended: September 19,12000 Intergovernmental Coordination Element Amended: Mav 15, 2007 1 This data/ database shall be updated at least every five years for the evaluation and appraisal report on the Comprehensive Plan. Policy 1.6: The City of Okeechobee shall, where practical, formalize all intergovernmental agreements within one year of the adoption of these amendments, of Objective 2: The City of Okeechobee shall maintain mechanisms to address development issues proposed in its Comprehensive Plan, affecting unincorporated Okeechobee County and other governmental jurisdictions. Policy 2.1: The City of Okeechobee shall continue to utilize the informal mediation process established by the Central Florida Regional Planning Council (CFRPC) to attempt to resolve land use conflicts with adjacent local governments. Policy 2.2: The City of Okeechobee shall continue to request that each of the entities analyzed in this element designate a representative to act as liaison to the City for the purpose of providing relevant information to be used in the planning and development review process. Policy 2.3: On request, the City Administrator and Planning Director, as liaisons, shall continue to provide and exchange information pertaining to significant proposed development among the appropriate local and regional agencies. Policy 2.4: For proposed development in the City which may have extra - jurisdictional impacts due to its size, character or location, the City shall establish procedures for the review of comprehensive plans and comprehensive plan amendments which shall include: 1. Identifying intergovernmental issues and conflicts; 2. Identifying the impacts of capital projects listed in the Capital Improvements Element of the City of Okeechobee Comprehensive Plan upon the provision of basic services; and 3. Determining the relationship of development proposed within the City of Okeechobee Comprehensive Plan to the development proposed in the Comprehensive Plan or Comprehensive Plan Amendments of Okeechobee County and/or adjacent municipalities. This shall include distributing a copy of relevant proposed plan amendments City of Okeechobee Adopted: March 19, 1991 EAR based Comprehensive Plan Amendments Amended: September 19,12000 Intergovernmental Coordination Element Amended: Mav 15, 2007 to adjacent local governments. Policy 2.5: The City of Okeechobee shall, at least annually, implement the procedures established in Policy 2.4. If any issues or negative impacts are identified, the City shall implement Policy 2.1. Policy 2.6: The City shall periodically review applications to Okeechobee County for zoning changes, major development orders, or proposed County Future Land Use Map Amendments falling within the City of Okeechobee Planning Area, to ensure consistency with the City of Okeechobee's Comprehensive Plan. Objective 3: The City of Okeechobee shall continue to coordinate with FDOT and the Okeechobee Utility Authority, where appropriate, any change in established level of service standards for public facilities including, at a minimum, all 10-year updates of the Okeechobee County Comprehensive Plan, and 5-year updates to the Okeechobee County Long -Range Transportation Plan. Policy 3.1: The City of Okeechobee shall coordinate establishing and changing roadway level of service standards with FDOT and shall inform Okeechobee County and any other appropriate governmental entities within the Okeechobee Planning Area of proposed changes in any level of service standards. Policy 3.2: The City of Okeechobee shall, when notified by other governmental entities of changes in their level of service standards, review and comment on these changes. Objective 4: The City shall continue to coordinate its Comprehensive Plan with the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins. Coordination shall take place annually and as new development is proposed in areas where the two Plans overlap. Policy 4.1: Comprehensive Plans and Resource Management Plan coordination shall take place to the extent that coordination is consistent with the principle that local governments and landowners alone should not be forced to bear public burdens which, in all fairness and justice, should be borne by the public as a whole, and would not result in inverse condemnation. Policy 4.2: The City shall continue to coordinate with the Resource Management Plan for the Lower Kissimmee River and Taylor City of Okeechobee Adopted: March 19, 1991 EAR based Comprehensive Plan Amendments Amended: September 1912000 Intergovernmental Coordination Element Amended: May 15, 2007 Creek Drainage Basins through the adoption of other objectives and policies contained in this element and the mutual exchange of information pertaining to development review so that the City may ensure that direct and irreversible impacts on environmental sensitive areas are minimized. Policy 4.3: By 2002, the City shall coordinate its Comprehensive Plan with the Resource Management Plan to address drainage problems in the Lower Kissimmee River and Taylor Creek Drainage Basin regions. Objective 5: The City of Okeechobee shall cooperate in an effort with the School Board to ensure that the planning activities, services and facilities of the School Board are consistent with the City's Comprehensive Plan. Policy 5.1: The City of Okeechobee shall exchange data with the School Board regarding population projections and the School Board (5- year) facility plans as such data or plans are updated. Policy 5.2: The City of Okeechobee shall coordinate major residential project reviews (pursuant to Chapters 163 and 235, Florida Statutes) to consider joint park/schools dedications to meet future demands. Policy 5.3: The City of Okeechobee and the School Board shall coordinate in their joint efforts to study and implement innovative methods, including park/school site dedications and contributions, as a means to address infrastructure needs associated with the City's growth. Policy 5.4: The City of Okeechobee shall provide input f •• notify the School Board ii---of all new residential development projects or modifications to existing residential developments which increase density as a part of the review process for school concurrence �tpatl-lec-aie- e€-ne=►t s Policy 5.5: The City of Okeechobee shall aefively work towaFEI developing maintain and implementing-a{n) �o� int interlocal agreements} with the School Board and the Count for Public School Facility Planning which includes the provisions for the implementation of school concurrencv and a the -coordination process for of locating new schools,, and expanding or redeveloping existing school facilities. The School Board shall be encouraged to locate new educational facilities near urban residential areas where public City of Okeechobee Adopted: March 19, 1991 EAR based Comprehensive Plan Amendments Amended: September 19, 2000 Intergovernmental Coordination Element Amended: May 15 2007 infrastructure -and services exist to support the new facilities. Policy 5.6: The City of Okeechobee shall advise and meet with the School Board as necessary, regarding all Plan amendments and proposed annexations that may affect school sites. Policy 5.7: The City of Okeechobee shall coordinate with the School Board regarding shared use of recreational facilities owned by either entity. In addition, the City shall consider all reasonable opportunities to collocate new parks, libraries, and other facilities with public schools. Policy 5.8: The City of Okeechobee, although not currently impacted, shall enter into any appropriate agreement with the State of Florida University System or the School Board implementing the requirements of Section 240.155 (11-15), F.S., regarding campus master plans. A consistency review of the campus master plans for non -state post -secondary institutions shall also be considered where a "campus" exists or is planned. Objective 6: The City of Okeechobee shall establish, maintain, and improve intergovernmental coordination for collaborative planning efforts including joint or extra -territorial services, changes to service or corporate limits, any joint committees for review of locally unwanted land uses, and regulatory concerns to ensure consistency with the Comprehensive Plan. Policy 6.1: The City shall encourage annexation of land where service delivery systems are available, where the formation of enclaves may be prevented, and where the land is adjacent to and consistent with the incorporated land's Comprehensive Plan. Policy 6.2: The City shall require infrastructure services to be available to proposed annexation areas at the adopted level of service consistent with the City's Comprehensive Plan. Policy 6.3: The City of Okeechobee shall coordinate with other jurisdictions, as appropriate, to establish a joint planning process and delineate the direction and extent of annexation for the planning period. Policy 6.4: The City of Okeechobee shall notify the appropriate enforcement agencies of any regulatory violations of which it becomes aware, and shall cooperate with those agencies in enforcing regulations. City of Okeechobee Adopted: March 19, 1991 EAR based omprehensive Plan Amendments Amended: September 1912000 Intergovernmental Coordination Element Amended: May 15, 2007 Policy 6.5: The City shall inform the County in a timely manner of proposed annexations. The City shall notify jurisdictions other than the County of proposed annexations when the affected area is within approximately one mile of the other jurisdictions' limits. Policy 6.6: The City shall draft a map of potential annexation areas, showing those areas first being considered for annexation, and the land uses envisioned to be assigned to these areas. The City shall distribute this map to the School Board, the County, and any other governmental entities to be impacted by these annexations. Policy 6.7: By 2002, the City shall review interlocal agreements with the Okeechobee Utility Authority (OUA) for central potable water and sanitary sewer facilities and services in terms of extending that agreement for another 10-year period. Policy 6.8: The City shall coordinate with neighboring municipalities, if applicable, to ensure that each one has a copy of a map delineating the utility service planning area for their community for the planning period. Each municipality shall, annually thereafter, discuss the potential need for reassessing utility service area lines, if relevant, and share any official service area map updates. Each municipality shall also provide any official utility service planning area map updates to the County in order to ensure coordination for County utility and land planning. Policy 6.9: The City shall coordinate with the County regarding the use of the Okeechobee County Landfill relative to recycling and reduction of total wastes by weight. Objective 7: The City shall, upon adoption of this objective, coordinate the Comprehensive Plan with the School Board Five -Year Facilities Plan. Policy 7.1: In accordance with Section 5 of the Interlocal Agreement for Public School Facility Planning, _Until -sae -time as intedeeal Beard,agFeement is adopted by the Gifty and School aeeerdaxee with -the -requireements-ofChapter- -163, PaFt T�nd- Chapter- 235, Rer-ida Statutes, -the following procedure shall be used to ensure intergovernmental coordination with the School Board for the location of educational facilities within the City: (a) At least six 60 days prior to acquiring or leasing property that may be used for a new public educational 6 City of Okeechobee Adopted: March 19, 1991 EAR base,-1 Comprehensive Plan Amendments Amended: September 19,12000 Intergovernmental Coordination Element_ Amended: Mav 15_ 2007 facility within the City, the School Board shall provide written notice to the City. (b) Upon receipt of a written notice from the School Board informing the City of the acquisition or leasing of property to be used for new public educational facilities, the City shall notify the School Board within 4� fgM five (6045) days area preliminary consistency determination of the site with the Comprehensive Plan; and (bag) In conjunction with the preliminary consistency determination the School Board and the City will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement as to the timing, location and the parry or parties responsible for constructing, operating and maintaining the required improvements. Subsegla��-Te"esthe SeheeBoaffd for- Compr-ehensive— Plan deteii3elination, the City shall deteTmioe the t y with the Genrr ehensi a Dl at Policy 7.2: In accordance Section 2 of the Interlocal Agreement for Public School Facility Planning the City shall coordinate with the County and the School Board and base plans upon consistent projections for population growth and student enrollment. Until suetime as an t l 7 a C.,t, e t adopted t ,l h..r� the City and the u c� v Board in aeeor-danee with the 1 nts of ( hapto 1 63 PaFt H 1 V✓ rl Chapter- 235 14 .1 St.,t„tee the FAll.u2l..rt Nreeedufe shalll ge=, em dhe-eellaber-atr-vplaaamg ,.,,mod deeisi ,,, .Y,,,king b e9$Eation pivfec4io s and publie sehool siting :between the City and the School Board; City of Okeechobee FAR based Comprehensive Plan Amendments Intergovernmental Coordination Element Adopted: March 19, 1991 Amended: September 19,12000 Policy 7.43: In order to coordinate the effective provision and siting of educational facilities with associated infrastructure and services within the City, representatives of the City, the County and the School Board shall meet by the end f the 20Wannually to develep—review the mechanisms and progress made toward e9 educational facilities planning. (a) Geor-difiate the feview of the ann" update of the GapiW imprevements Element.o€ -]the City tend —the annual e(�ueationn4 faedities-repeft and-Fivey r L i t , r a�� Plan of the C�vaiT, vpt1 B� � v - m6aumffil Policy 7.64: The City of Okeechobee shall use the Central Florida Regional Planning Council's dispute resolution process when necessary to mediate the resolution of conflicts with other local governments and regional agencies. The City may use alternative procedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, F.S., or other non- - g City of Okeechobee Adopted: March 19, 1991 EAR based Comprehensive Plan Amendments Amended: September 1912000 Intergovernmental Coordination Element Amended: Mav 15, 2007 judicial approaches. Policy 7.75: The City of Okeechobee shall maintain, as a particular area of attention in its planning program, a systematic review of the aesthetics and physical conditions between its boundary and those between unincorporated areas and other cities in an effort to improve the appearance of these areas and the compatibility and transition between the adjoining communities. Joint planning area agreements will be implemented if appropriate. City of Okeechobee Adopted: March 19, 1991 EAT' based Comprehensive Plan Amendments Amended: September 1912000 Intergovernmental Coordination Element Amended: May 15, 2007 ORDINANCE 1022 - EXHIBIT "C" CAPITAL IMPROVEMENTS ELEMENTS Ordinance 1022 - Exhibit C M Capital Improvements Element Goals, Objectives and Policies City of Okeechobee EAR -based Comprehensive Plan Revenues Their Sources, Funds, and Expenditures This section is a summary of the various revenues the City receives and any restrictions on their usage. The City uses fund accounting and is compliance with the accepted Government Accounting Principles to segregate revenues and expenses that are designated for a particular purpose. A fund is a self -balancing group of accounts that includes assets, liabilities, equity, revenues and expenses. By using fund accounting, the City can demonstrate compliance with laws and regulations that control the use of particular revenue sources. The following is a description of the various funds of the City by fund type, a description of significant revenues found in each fund and a discussion of any restrictions on the use of these funds. General Fund The General Fund is the City's primary operating fund. It account for all financial resources of the general government, except for those funds required to be accounted for in another fund. The following are the primary revenues of the general fund: Ad Valorem Taxes: these are taxes levied on the assessed value (net of exemptions) of real and personal property at a mileage rate set by the City of Okeechobee. The amount of taxes to be collected is determined by multiplying the mileage rate times the assessed value of property within the City. The mileage rate for fiscal year 2006 is set at 7.1899 mills for the general fund. The assessed value of real and personal property as of the latest valuation date (January 17th, 2006) was $293,842,487.00, with an estimated revenue for 2006 at $2,112,697.00, and is the largest revenue source for the City of Okeechobee. These revenues may be used for any public purpose including repayment of debt ($1,991,978.00). Local Government Half -cent Sales Tax: This is a distribution of net sales taxes to eligible cities and counties and represents the largest source of state shared revenues. Its primary purpose is to provide relief from ad valorem taxes and utility taxes in addition to providing funds for local programs. ($393,074.) One Cent Sales Surtax (Small county Surtax): These revenues are derived from a discretionary One cent sales tax based on the first $5000 of any single taxable item which is subject to the state tax imposed on sales, use, services, rental, and admissions. ($675,000.00) City of Okeechobee Adopted: March 19, 1991 Conctirrency Update Comprehensive Plan Amendments Capital Improvements Element Amended: Febmary 20. 2007 Amended: May 15, 2007 State Revenue Sharing (Municipal Revenue Sharing program): These revenues are distributed by the state from net cigarette taxes and certain sales taxes. There are no restrictions on these revenues except for some statutory limits on the amount that can be pledged to debt. ($156,013.00) Communications Services Tax: This tax is a simplification of the taxes that were charged on telecommunications, cable, and related services prior to October 1, 2001. The City of Okeechobee chose not to levy permit fees and based on Section 202.19(1) Florida Statue, the Local Communication Tax may be levied and is levied at a rate of 5.1 percent. These funds may be used for any public purpose including repayment of debt. ($347,7428.00) Building Permit Fees: These revenues are regulatory fees imposed by the City of Okeechobee. The fees are imposed by City Ordinance Chapter 70, Article I -III. A Fee Schedule for permitting, inspections. Plan and site reviews were adopted by the City Council. Revenues collected are to be used for cost of applications or petitions made, which include clerical, postage, legal advertising, professional consultants, and other administration cost. ($180,000.00) Occupational Licensing Fees: These revenues are regulatory fees imposed by the City of Okeechobee. The fees are imposed by the City of Okeechobee under Ordinance, Chapter 14 enacted based on Sections 166.221 Florida Statute. Application, Inspection and Licensing fees are based on class of business and occupancy. Revenues collected are to be used for regulating and inspecting businesses for compliance with the requirements of the City's ordinances. ($52,510.00) Interest Income: Pooled cash accounts are maintained for each fund. Excess operating funds are placed in the State Board Accounts. Each fund is then credited with interest earnings based on its month end balance. Interest earnings can be used for any public purpose. ($60,000.00) Special Revenue Funds Special revenue funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes (other than for major capital projects). The City maintains a number of special revenue funds. A discussion of the more significant funds follows: Public Facilities Improvement Fund: This fund is used to account for revenues and expenditures incurred to carry on all work on roads and bridges in the City in accordance with Section 336.022, Florida Statues. Some of the major sources of revenue include: City of Okeechobee Adopted: March 19, 1991 Conciurencv Update Comprehensive Plan Amendments 2 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 Local Option Gas Tax: A city may levy between one to six cents per gallon on motor fuel. The City of Okeechobee has imposed 6 cents per gallon. These proceeds may be used to fund transportation expenses including roadway and right of way operations, maintenance and drainage; street lighting; support services and facilities such as traffic signs, engineering, signalization and pavement markings, bridge maintenance and operation; and debt service. ($351,652.00) SRS Eight Cent Motor Fuel Tax: (Municipal Revenue Sharing Program) the City of Okeechobee is a recipient of funds based on the minimum entitlements in each fiscal year.The Revenue Sharing Trust Fund for Municipalities receives 1.3409 percent of sales and use tax collections, 12.5 percent of the state alternative fuel user decal fees and the net collections from the one -cent municipal fuel tax. The City receives its portion of the tax based on pre -described formulas. These funds received from the one -cent municipal fuel tax for transportation- must be used for transportation -related expenditures. ($75,272.00) Community Development Block Grant Fund: This fund is to account for the revenues and expenditures in accordance with the Community Development Block Grant for the U.S. Department of Housing and Urban Development, under Title I of the Housing and Community Development Act. Capital Projects -Vehicles Fund: This fund is to account for the expenditure of revenues for vehicles purchased and sold within the fiscal year. Industrial Development Fund: To account for the revenues and expenditures during the development of city -owned property, the City of Okeechobee Commerce Park. The most significant revenue will be obtained from grants for the purpose of developing the Commerce Park, and/or creating a positive economic impact for the City of Okeechobee. Law Enforcement Special fund: To account for the proceeds from the sale of confiscated property in accordance with Section 932.7055, Florida Statues. Debt Service Fund: Debt Service funds are used to accumulate funds to pay principal and interest on the City's outstanding bonds. The City has no outstanding bonds issued. Goal: The City of Okeechobee shall continue to ensure that public facilities and services are provided, on a fair -share costs basis, in a manner which maximizes the use of existing facilities and promotes orderly growth. Objective 1: The City of Okeechobee shall continue to use the Capital Improvements Element to schedule construction and identify funding sources for the City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 3 Amended: February 20.2007 Capital Improvements Element Amended: May 15, 2007 City's capital facility needs in order to accommodate existing and future development, and to replace obsolete or worn-out facilities. Policy 1.1: Proposed capital improvements projects shall continue to be ranked and evaluated according to appropriate policies adopted in other elements of the Comprehensive Plan. The following criteria will also be considered: (1) whether the proposed project will eliminate a public hazard; (2) whether the proposed project will eliminate capacity deficits; (3) local budget impacts; (4) locational needs based on projected growth patterns; (5) accommodation of new development or redevelopment; (6) financial feasibility; and (7) plans of state agencies or water management districts that provide facilities in Okeechobee. Policy 1.2: The City of Okeechobee shall continue to integrate its planning and budgeting processes such that expenditures which are budgeted for capital improvements recognize policies related to public facilities and services set forth in the Comprehensive Plan. Policy 1.3: In accordance with Policy 7.1 of the Sanitary Sewer... Element, the City shall complete a stormwater management study to identify drainage deficiencies, and allocate any available funds for that purpose in its Administrative Operating Budget for fiscal year 2000-2001. The 5-Year Schedule of Capital Improvements will be amended as soon as possible to include the study, its projected cost, and the identified revenue source(s). Policy 1.4: The City of Okeechobee shall identify its needs for public facility improvements, the revenues required for project funding, and shall itemize the costs for such projects- in its 5-Year Schedule of Capital Improvements. Objective 2: The City of Okeechobee shall continue to coordinate land use decisions with the schedule of capital improvements in a manner that maintains the adopted level of service standards and meets existing and future needs. Policy 2.1: The City of Okeechobee shall continue to use the following level of service standards in reviewing the impacts of new development and redevelopment: Facility Level of Service Sanitary Sewer 130 gallons/capita/day (see Policy 1.6 City of Okeechobee Adopted: March 19, 1991 Concurrena Update Comprehensive Plan Amendments 4 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 of Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Potable Water 114 gallons/capita/day (see Policy 1.6 of Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge Element) Solid Waste Average Solid Waste Generation • 13lbs./person/day • at least 13 years available capacity in Okeechobee County landfill (see Policy 1.4 of Sanitary Sewer... Element) Principal Arterials C Minor Arterials & All Others D Recreation and Open Space 3 acres/1,000 persons Drainage Interim Standard (see Policy 1.5 of Sanitary Sewer... Element) Design Storm • 25-year storm • 24-hour duration Facility Design Standards • as required by Florida Administrative Code (see Policy 1.5 of Sanitary Sewer... Element) Public Schools Permanent FISH Capacity Existing School --------------------------------------------- Considering Utilization Rate --------- _ --------------- New Elementary ------------------ 750 --=------------------------------------------- ----------------------- New-Middle 1000 ------------------------------------------------- ----------------------------------------- New K-8 1.200 ------------------------------------------------- ------------------------------------------ New High School 1500 Policy 2.2: Development orders and permits shall be granted only when required public facilities and services are operating at the established levels of service, or shall be available concurrent with the impacts of the development. Such facilities and services may be provided in phases if development correspondingly occurs in phases; however, required service levels must be maintained at all times during the development process. City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 5 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 Objective 3: In order to maintain adopted level of service standards, future development shall bear a proportionate cost of necessary public facility improvements equivalent to the benefits it receives from the improvements. Policy 3.1: The City of Okeechobee shall continue to evaluate potential revenue available for public facility expenditures through alternative sources such as user fees, special benefit units, or special assessments. Policy 3.2: The City of Okeechobee shall continue to maintain adopted levels of service by using revenue sources considered under Policy 3.1 to ensure that new development pays a pro rata share of the costs of public facility needs which it generates. Policy 3.3: The City of Okeechobee shall continue to continue to apply for and secure grants or private funds when available to finance the provision of capital improvements. Objective 4: The City of Okeechobee shall continue to ensure the provision of needed public facilities within the City limits, based on adopted levels of service as set forth in the Comprehensive Plan. Public facilities needs shall be determined on the basis of previously issued development orders as well as the City's budgeting process and its joint activities with Okeechobee County and the Okeechobee County School District for planning, zoning, and concurrency management. Policy 4.1: Existing and future public facilities shall operate at the levels of service established in this plan. Policy 4.2: Debt service shall not exceed 20% of annually budgeted revenues. Policy 4.3: A five-year capital improvements program and annual capital budget shall be adopted as part of the City of Okeechobee's annual budgeting process. This program shall include the annual review, and revision as needed, of the Five -Year Schedule of Capital Improvements. Policy 4.4: The financially feasible School District Five -Year Capital Improvement Plan (Tentative Facilities Work Program) which achieves and maintains the adopted level of service standards for public schools, as approved by the Okeechobee County School Board shall be included and adopted each year as part of the Ci!y of Okeechobee's annual budgeting process. Objective 5: The City of Okeechobee shall furnish meaningful opportunities for the School Board to have input and coordination in the City's development City of Okeechobee Adopted: March 19, 1991 Concurrence Update Comprehensive Plan Amendments 6 Capital Improvements Element Amended: February 20. 2007 Amended: May 15, 2007 review process in order to assist the School Board in their provision of adequate and efficient schools. Policy 5.1: The City of Okeechobee and the School Board shall coordinate to ensure that schools are adequately and efficiently provided commensurate with growth. Key coordinating mechanisms shall include: (a) promotion of joint infrastructure park/school facilities when feasible; (b) consideration of the adequacy and availability of educational infrastructure during appropriate review of development order applications; (c) ensuring the provision of adequate infrastructure, on and off site, normally associated with new or expanded schools where consistent with state law restrictions on expenditures by the School Board; ":00 (d) evaluation of the School District's annually updated Capital Improvement Plan to ensure that it is financially feasible and that the adopted level -of -service standard for public schools is achieved and maintained (Data and Analysis) to r. .ide the public w th a sible iflfiastmetufe; (e) seeking that any new major residential development or redevelopment applicant submit information regarding projected school enrollments from the project; and (f) request that the School Board submit site plan information for all timely new schools. City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 7 Amended: February 20, 2007 Capital Improvements Element Amended: Mqy 15, 2007 Capital Improvements Implementation City of Okeechobee Comprehensive Plan Capital improvement needs identified in the Comprehensive Plan will be met through implementation of a 5-Year Schedule of Capital Improvements. This schedule is adopted by the City Council along with Goals, Objectives and Policies, and must be consistent with the Capital Improvements Element. The purpose of the Schedule is to ensure that the City has adequate revenues to implement the Comprehensive Plan. The 5-Year Schedule of Capital Improvements focuses on the capital outlay required to meet existing deficiencies and to maintain adopted level of service standards planned for public facilities in the Plan. The City shall advise the OUA on these standards. City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 8 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 ry1 I I, 1: _ -A 1,TQ ell I I IPro-posed 1•� MT Wi opose�d Planned Revenue Mi Revenue • •_IT • 1 1• • 1 1: • 1: 1 • • 1 1Source1 • Computer Ha•ware - Monitors& ==M= 111 Hardware as needed Computer software• 1 111 • compatible with all •Departments M; Computer upgrades based on Software needs �c �X-+r�j ,.,.. ,yt`d, F ice:- �,, Fk,.. • ' -_-- t,.�i"v�...aia�an ...-. v ux.xxv " ._ �Ya"""&w^,�",...:ew..Sr.Ss n:+i4ab`sa ©Squad Car Lease111 ® 111 111 111 111 111 `,jet fi ,a cY .+.. .. J `^i ;Cx h.1�'aw ......... ........ .... ..............: ...a'..... »....::_ ,..._M ....Rs,..., `� r � -. .. ;v ` � 1w` \�.. is Legend for Revenue Sources A = General Fund Revenues B = Constitutional Fuel Tax; Local Option Gas Tax; SRS Eight Cent Fuel Tax C = Community Development Block Grant (Anticipated) D = Possible Homeland Security Grant E = Public Safety Grant (to be applied for) F = Other Grants to be applied for City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 9 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 CITY OF OKEECHOBEE Capital Outlay Summary - All Departments FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Current Proposed Proposed Proposed Proposed Planned Planned Budget Revenue Revenue Revenue Revenue Revenue Revenue Improvements FY05/06 Source FY06/07 Source FY07/08 Source FY08/09 Source FY09/10 Source FY10/11 Source City Hall 3 Imaging plans - Need more detail $2,000 A $2,000 A $2,000 A $2,000 A $2,000 4 Map cabinet $2,000 A 5 Furniture -Desk, chairs $1,100 A $800 A Laser Fiche - change from stand alone system to networking system for City Hall, Police and 6 Fire $15,790 A,F Subtotal 1 Fire 7Dt,F 7 1 Ladder Truck $800,000 2 Fire truck/Pumper $225,000 D, F, A 3 Brush truck $75,000 D,F Subtotal Police 77 Computer System - 1 -Police/Dispatch/Evidence/Property $100,000 D, F, A 3 Squad Car Equipment $40,000 $40,000 A $40,000 A $40,000 A $40,000 A $40,000 A 4 Handheld radios (new) $25,000 E, A Subtotal ! ! Public Works City barn#1 garage doors City of Okeechobee Adopted: March 19, 1991 ConcurrencyUpdate Comprehensive Plan Amendments 10 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 CITY OF OKEECHOBEE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Truck (301) Tractor (301?) Backhoe to replace 1 Bucket truck Air compressor Gas/Diesel pumps Walkie-talkie/Nextels Subtotal Legend for Revenue Sources Capital Outlay Summary - All Departments Current Proposed Proposed Budget Revenue Revenue FY05/06 Source FY06/07 Source FY07/08 $50,000 A $50,000 $80,000 A iA = General Fund Revenues B = Constitutional Fuel Tax; Local Option Gas Tax; SRS Eight Cent Fuel Tax C = Community Development Block Grant (Anticipated) D = Possible Homeland Security Grant E = Public Safety Grant (to be applied for) F = Other Grants to be applied for • City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 11 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 zf} Proposed Proposed Planned Planned Revenue Revenue Revenue Revenue Source FY08/09 Source FY09/10 Source FY10/11 Source A CITY OF OKEECHOBEE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Fire 4 1 Training tower Subtotal Public Works 1 Street overlay project (301)1 2 Storm Sewer installation/replacement2 3 Ditch grading/culverts Commerce Park SE Cal-de-sac/Lakes Current Budget Revenue FY05/06 Source Summary - All Departments Proposed Proposed Proposed Revenue Revenue Revenue FY06/07 Source FY07/08 Source FY08/09 Source C Planned Revenue FY09/10 Source Planned Revenue Source Q, 1 111 1 111 1 111 1 111 1 111 1 111 $700,000 1 C i ims project will be completed pursuant to LOS standards set forth Roads and Traffic Circulation located in the Comprehensive Plan, specifically Policy 2.1 of the Capital Improvements Element (page 2). 2 This project will be completed pursuant to LOS standards set forth Drainage located in the Comprehensive Plan, specifically Policy 2.1 of the Capital Improvements Element (page 2). City of Okeechobee Adopted: March 19, 1991 Concurrence Update Comprehensive Plan Amendments 12 Amended: February 20 2007 Capital Improvements Element Amended: May 15, 2007 CITY OF OKEECHOBEE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM Summary - All Departments Current Budget Revenue Proposed Revenue Proposed Revenue Proposed Revenue Planned Planned Im rovements FY05/06 Source FY06/07 Source FY07/08 Source FY08/09 Source FY09/10 Revenue Source Revenue FY10/11 Source Lighting . Sidewalk repair/replacement/new Sign replacementsEEL Canal cleanup - w/ Air boat - is the airboat art of the request Canal cleanup - removal of debris, trees etc Storage Bldg at SW 23rd St Subtotal g et 593 Total Bud $ 100 $2,247,000 $613,790 $690,800 $529,000 $739,000 Legend for Revenue Sources A = General Fund Revenues B = Constitutional Fuel Tax; Local Option Gas Tax; SRS Eight Cent Fuel Tax C = Community Development Block Grant (Anticipated) D = Possible Homeland Security Grant City of Okeechobee Adopted: March 19, 1991 Concurrence Update Comprehensive Plan Amendments 13 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 Ti E = Public Safety Grant (to be applied for) F = Other Grants to be applied for City of Okeechobee Adopted: March 19, 1991 Concurrence Update Comprehensive Plan Amendments 14 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 E • Table 6 Okeechobee U1011y AuOrority 1 Y ..ial Tvsloattao Si: -Year Estimated CayllA Improvement Prwram Pap 1 oC4 DRAFT Water Wastctsater Pmicctcd Ftual Year ending Sepmmher 30 Etc Atbcatirm Allocation Fumft Budgeted Ad Na Descrinttoa % % Solace 2006 Ad*ftnants 2006 2007 2008 ID9 2010 2011 Total TOTAL CAPITAL IMPROYFAIENT MAN , I Burk=Wak:rTrasun=Phuak mvcosmas(Prnj=,) I0D.0% 0.01% Sliib7,R50 So SI,967" So SO 2 - 74' Wale Liao- E Wfmy 78 to NW 2W $tract 1010% QO % 1,499,631 0 1,499,b3 t O so s0 SO S1,867.8SU 3 Replace Filter of Wastetsaw Trea uw Plays as 0.0% 100.0% 200,000 0 2000 D p 0 0 1499,631 4 SR 701V� L)taily 1laiocatiom 100 0A 0.0% 600,000 0 .00 600.0w 0 D 0 0 D D 200,Oi10 5 PER Mat DcSIPServkuWoskmautcrTrffiuntraPlant 0.01A t00.9% 300.000 0 300fl0 30_00 a 0 0 0 0 600,000 6 NW34ihSuvetWalcrMaio 10QOyi p.0% 0 0 O I,0 0 a 0 60�pa 7 N1Y 24dr Strtxt Wntar Main lOD.IP/. O.D% 0 a D I00IXi,OwOD a 0 0 0 0 f2D,0o0 8 Nanh 441 Nash a m2h sclwol 1010% 0.tly. 170,000 O 170 t><BI a 0 0 D 200,D0O 9 Waskunteri'tmlmrntPhrm Itdlifttancals 100.0% 2443,557 0 2443557 t0,100.006 o l0,996OQ7 0 0 a 0 170.Qa0 10 SCADASp3lctnFar Q05i M0% 100.0% IOD000 D It�,t�p i0Q.D00 50,00t1 50JU 0 0 24435,570 ispoandliRsgtiom 11 Was4catsler fifllwaat Disposal System 0.0% 100.03A O 0 0 Q 0 0 300,090 ILM 0 0 fl 0 0 U 3 Pmaa thinthinForor elm Sktc R0S6 100.E 0 Q 0 0 p 0 U a a 14 MrYac System For East Sida OL094 100.0% a a 3,OODdroa 0 fl 0 D 3 tHBt,OaU 15 Lilt m - Oy. 100.0% 50Q0 fl 0 SRI 1,1100,Of1Q saDDQ 6pagoa0 D U O 7,000,fMQ 16 water DhlrBxidon Syalen ht5ovearrts IMPA . 15 1 f � 150 000 150.000 SOAM 50.000 300.000 17 US 441 North tkft Relocation AM 60.0% 0 ] SU,ODa i5D 00D 900 OQ0 IS 13ntdcFOfrrtioaPxSW1Y I7S.0% 0.0y. 104,000 0 IOa,000 0 0 0 D 0 0 a 19 Was C1P Projectsm11(Pcrsoarol Coati - Caasuuctiou Crew) 75 0% 2i0Y. 275,Oaa 0 275000 232,758 0 MAN 500 0� D 0 600,000 20 Wns1c>aratrrSyatero hrnpovcateNs (Ralm6ilitation) O.05/. 100.0% 25DA00 a 25a,DD0 268,000 25opoD 2B7,000 3*T O0 A t 19.738 � t NW 406 TiOt and Bth nvea0e t3elctutm NW 368tand NW 34th sheet Water Lines 100.0% 0.0% 0 0 0 250000 ZSD,OOU I,SW,000 22 Da wlitioo Work at SWTP 1110.11•�. O Qy6 p 0 0 105,ODo 105,0D0 0 D D 105,000 23 New Ottw+d Stoop Tack SwrP 100.094 Q0% 0 0 a I50,ii00 I So,apO 0 0 0 300,= 21 Firo Proteetiou 100.0% 0.0% S0,000 0 =Do 0 SOAt10 1,750,000 50,134 1,750,000 $0,362 0 0 3,500,000 2S Kilosay wWPWWstation O.oYa 1o1uwd D 0 0 Io0,o00 50,614 SOA67 301ym 26 Admin BUNT Evdaatian S®01 100,0D0 0 0 0 2OD,a0t1 27 U.S.441S.E.►Wtel4faio 100.01A 0 0 0 0 125,000 0 0 0 lZ�+�p 28 Elm [ad WakxTonk 180.0% O.Q% a 0 a U ?SOD,pp0 D 0 0 +SOD,O� 0 150,4DD D 0 ISRoOD 29 Tow Cap1w Iutpravamout Plan Projccls S8 056,038 SO S8 OS6 D� Sl6 601394 S22 526,141 S3,218,362 5787.614 SBD7.667 TOTAL DEPANMUNTAL CAHTAL S51,"7.416 30 Depaumusatcapltnl 3t Addtdom)ham 75.0% SDOA 25.3% 50.0% SQUO0 SO 16AGM S500,ow S5o0,00a 5500,000 S500ADD S"D.DDO S3.132ADD 32 Additlorel [wm SD.G% SIM 0 0 0 D 0 a 0 0 a 0 Q a 0 a Q D Q p 33 Total DaImementai Cap1w projects 34 TOTAL CAPITAL IMIPROVE&FENT PR13GR.Llt AND DEPARTStEN'TAL CAPITAL pROIECTS $632.00 SO S632,000 $500,OOD $500,000 55DD.000 SSODODO SSUQ,DQO S3,132,000 SUBS.U38 SD M6808 $17,10t,394 � S23,044J41 53,71536] S1.37.614 S1307.B67 $55.1Z9.417 City of Okeechobee Adopted: March 19, 1991 Concurrence Update Comprehensive Plan Amendments 15 Capital Improvements Element Amended: February 20, 2007 Amended: May 15, 2007 Table 6 OkeechubmtM tyAuthority Fawnciai Evaluation Pap: 2 of 4 DRAFT S1=-Yebr Estkanted�C..niWl Imnmrement Ptearam LNtta—w Water Wasint to Atincatkm Allocation Fuwlpg 0u*-ted t'fOi Adjusted FisoaiYearErniir¢Seotember30 DcsetiMian 'ro % Source 2006 Addubmnts 'Q66 2007 ZOOS 2009 2010 2011 Total WATERSYSTE&I CAPITAL nipitoVEmENT PLAN Water Prejocts 35 SU16" WamrTroatmaa1 Pad UWMWojaata W;gjcag PI1 36 244 Water Uoe-1GSh+wy 78 to NW 2rd 5ltcet PIs 1.867.850 1,49%631 Q 1,867.850 0 D Q 0 0 18G7,MSD 37 Reptnce Fitlerat WastawaterTreauneA Plaril NIA 0 1,499 631 0 fl 0 0 a 1.494,631 31 SR 70 Weal LUlly Relocations me Q 6DO,000 p 0 0 D 0 a a D 39 PE R IM Eledi;d Services WasbanterTraarment Platy NIA 0 600,000 0 Q 0 0 0 600 ppp 40 NW 341hStmet Water lyak< 0 Q 0 0 D 6 0 a 0 41 NW lath Shect Water Naar WCAP WCAP a 0 p p 120=1 0 0 0 a 120.000 42 North441 iNarthorHighSchool 1VCAP ! 70.00a a 0 l OD 0 0 9 la0,0W 43 Wark"O r Trewmard Flack Dnpruvemetrts I70,OW 0 D a 0 a 17011I10 44 SCADA Sysimt For Plucks and Lin Stations a 0 a 0 0 0 0 45 Walowun r ORPoaw Dbtptrsd system NIA a a 0 0 0 0 0 0 D 46 iksideak Maesegcttsya System NIA a 0 0 a a 0 0 fl Q 47 Few* Main For Fast Sale NIA 0 0 0 D D D 0 0 0 41 Air Vat Sys4�t Far East Side Q 0 Q 0 0 O 0 0 49 tiilStatlam-J3elutb NIA 0 0 e 0 0 0 0 0 0 50 WOWNIA DistrbutionSyslmtLnpcw®ants RRI 0 0 0 0 0 0 0 0 0 0 51 1YatarDisk$ntion5ystam]rquovemeats RRI 1506000 a Q ISO" 150,aW 15QOW 15Qp0a IS0000 15aW0 "(4000 52 US 441 Nnnb Utility Relocation O fl 0 D 0 0 0 53 Bank 119trudon For S:Wq P NIA NIAWCA a !0 t1Da 0' 0 0 0 a © 0 0 0 0 0 54 ooy� CIE, Pmjaca (Petaanual cab - coaswction ctewl RR! 2ti625a ! W.[Fh0 fl 0 MO.QOa 0 0 60Q400a 35 WmlermtcrSynkm11tt1—sactu(Rohubilhooaj NIA 0 D ZW25tF 174549 1STSW 20I,OgQ Z15250 23450 I21-0,8t9 56 NW 4dt, 6At and mth Avtmtre liehttrat NW 3tgh and NW 34th strctl Water Lines RRl 0 0 a 0 0 0 p 57 DemoutimtWori[atSWFP RlU 0 a a a 0 laS,aaO Jos= a p 0 0 105.000 51 Nawamund Smeap Tank SWTP WCAP 0 0 0 l50,6(0 )5046D0 a 0 300 ii00 59 New GnxttdStomp:Tm Tank WC C 0 0 p 0 1,750.000 LGIa,Wa 0 0 3,360,DW 60 61 Fin;Partedam Kho gay W Poem Sled- W SaAP +NN p 0 0 5OAt)D 0 sD,QaQ a 50.134 140,Dap 5Q.362 0 50.614 0 140Au 62 AdMe&0A%tvaluat6m NIA 0 0 0 O 0 0 0 50.867 301,977 63 U.S.441 &1i Water Main WCAP a 0 a 0 6-500 fl 0 Q 0 a 64 MaratcdWoterTanl: WCAP a 0 0 D 2,100,000 0 0 0 62.500 RRl a a 0 0 0 150,OW 0 0 15W,W0 ISO,= Depa®ttmctNal Capita( PtrrJaett _Water 65 Dcpmtmc tpihrl 66 Addwal yam itcra REV NIA 47VOO 0 0 474,000 375,000 375,000 37S,000 375,OW 375,00p 2 349,000 67 Addkioaslltem NIA a 0 0 0 0 a a 0 0 0 0 p 0 p 63 TOTALWATERSILTrEMCAPrrALEXpENsEs SS,117,731 50 SS,I17,731 S1,119569 5533D,134 S31176,362 $79064 SSW17 S16,340.777 City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 16 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 Tome 6 Page3 or4 Okeedwbee Ut0ltyAaOtatity DRAFT F1aanew Evalm9a4 ,M&Y.earFatkwM QRW Tmeremmewt v ..... l ar No, Description Walor Wsslea,atcr Alloestam Albcadwt Fu dk, Iknlgetod A astad Pro'eeatsi Men] Year Ending September 36, WASTEWATER SYSTEDI CAPITAL thiPAOVEh1ENT P1,AN 96 °. Solace 2006 Ad�nhm,ts 2006 2007 �-008 3069 _=�Q18 Total Nastewntmr Projects 69 Sarfina: Wakr Ttcatmcot Pbat btgtiavemttss (Project) 70 24' Wahl Lim-f1f*nvey 78 to N W god Street MA ° 0 0 0 7E Repl— Ftltacat .VjuujwuWT.t,,,M Pisot NIA p 0 0 0 0 p 0 ° Q 72 Roph—FlktzatWggew,%erTM%tmcatPiaaf RP 119 IW ° 0 73 SA70 WeaUtt Ackxatlons RMN/A 0 SI,Q ° p 0 Q 0 Ii9,OW 74 PEkstalDosiyaSeniewWastMierTreattaardMae, p p,000 0 0 0 0 0 0 0 BI,D00 75 PW and Dcz gp Savkxs Waswvulta Tnaametd PEard O A 3Q° 0p0 0 300,000 302,630 p ° 0 0 Q 76 Nw341h�wstahtaio SCAP p 0 0 0 Q 0 D Cd12 610 77 NW 200s Street water Maio NIA0 0 0 0 0 0 0 0 0 78 Nwth 441 North of Hkh School NIA a 0 0 0 D 0 0 D p 79 Waatannta Tmatmm�t lant ftry,mvmmtttr p VA 0 p 0 0 0 0 0 0 0 so Wa k%*iarT=utm=a lust wpivvvaads RRI D Q 0 0 Q ® D 0 0 $[ Wask"awTra"'MeW 4®tTtnpmvcmettb O D 0 �443a57 f0,99G,tl06 0 16 9 0 ? 7 81 SC&DASritcmFor Pktmsaadl,aflStnE� 0 0 D 0 S Q 0 24 435570 83 Was-0ga Emuem Disposal System SCAP 1�,000 0 11)OAw IQDXG 0 tl 0 0 94 itesidual6MampaxatSystem BT 0 D 5D,DOp 0 30Q,000 BS Ftaes ivTnin For East Sala Ea 0 p p 0 0 0 0 0 0 86 Air Vac Sy9ura For 6sat Sid* O 0 0 0 3,p OM 0 D 0 D 0 87 88 Lift Stadow- Rclnb WAN Disk wtion Sysu m haptovarmt0s O SO tlD0 0 5D oaD 100 0 6, � 0 ° 0 0 0 s 000 ODQ 89 US 441 Nodk Ut00y Rokwa tia NIA 0 0 0 5 0 SOpm StRQWT 50A� MO.= 300 OD0 90 "a* Ftlwtioa For SWTP NIA 0 O 0 0 0 0 0 91 Owin w Projects (Pe mural costs - coasmxtian (revs) NIA 0 0 0 0 0 0 0 O 0 92 wosdxarhrSS'stcmkVMftM,,w (RcEahillAxtiaa) RM 6.750 0 68,750 58,190 0 62.500 0 0 0 0 93 NW 4tk, 616 and Bth Ave= Beitvcca NW 36d1 aocl NtV 34dt Sinai wnter Lima � VA 250'°p0 0 25UW 25DA00 250,000 67AD0 71.750 76,750 40,1,940 94 DctagWuuWotkat9WTP ° 0 D 0 25aAM Z%1000 25DpOp I500,Qtl0 95 96 New Oraurtd StomF Tarlac SWTP Fka Prmectiao NIA NIA d p 0 0 0 0 0 0 Q U D 0 0 p 0 0 0 0 97 1rat& Bay ww tiaaP Statioo MIA 0 0 0 0 9B Adana RuA Gog valuation E SCAP 0 0 D I60,000 0 0 0 0 0 99 U,B, 441 S.li. waterer W-0 ° 0 0 0 (O0.pD0 p 0 0 20D�00 log Elevated Water Twk NIA p 0 D D 62,5DD 0 0 0 62500 MIA p Q p p ° 0 0 Q 0 0 D attmmtaE rP CaPO� Ptaleet;-ix'a5lcwmcr ° 0 0 0 rot 102 lQ3 AckMknelhemapQnl Additkmllkm Additkemlltcm REV NIA 158.000 0 0 0 ISBO� 17.5,OOD MOOD 125M 1 25OI10 l 5040 NIA Q p 0 0 0 0 0 0 0 7Y3pW 0 0 0 0 tl p 104 TOTAL wASrEWATEASIiSTEh1CAPrTALEXPENSES TOTAL WATER ANTI WASM%VATF g SI,M,750 Sp ADO S9750 S501.7501EALEXFIS —5^38 78�8 640� 56244481 6B03B _ S,101394 `51796,,4105 523.0264S542 1 53.718,362 - 51287,614 _ 3D7AP SSS,I29,4i7 City of Okeechobee Adopted: March 19, 1991 Concurrency Update Comprehensive Plan Amendments 17 Amended: February 20, 2007 Capital Improvements Element Amended: May 15, 2007 APRIL 17, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 6 OF 6 • s VI. NEW BUSINESS CONTINUED. A. Consider and discuss requests for amendments to the City's Land Development Regulations -continued. 1. Public School Facilities Element, Comprehensive Plan. 2. Intergovernmental Coordination Element, Comprehensive Plan. 3. Capital Improvements Element, Comprehensive Plan. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. ATTEST: Betty J. Clement, Secretary William Ledferd, Chairperson The Board asked Mr. Brisson a few questions concerning the Elements. Mr. Brisson reported the Elements had been prepared by Kimley Horn. Mr. Maxwell questioned about the lack of and need for more sidewalks in the City, especially around the schools. Mr. Brisson stated the time to address that issue would be the next time the Comprehensive Plan was updated, which will be started reasonably soon. Board Member Burroughs moved to recommend to City Council for approval of the Public School Facility Element, Intergovernmental Coordination Element and Capital Improvements Element, Comprehensive Plan; seconded by Board Member O'Connor. VOTE LEDFERD-YEA HOOVER -ABSENT KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA MORGAN-ABSENT O'CONNOR-YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:50 p.m. The Okeechobee News -.0. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily i OF FLORIDA Ty OF OKEECHOBEE Before the undersigned authority personally appeared :asten, who on oath says she is Publisher of the Okeechobee , a DAILY Newspaper published at Okeechobee, in :hobee County, Florida; that the attached copy of advertise - being a matter of C ��_ I C ia6 in 19th Judicial District of the Circuit Court of Okeechobee y, Florida, was published in said newspaper in the issues Affiant further says that the said Okeechobee News is spaper published at Okeechobee, in said Okeechobee y, Florida, and that said newspaper has heretofore been hed continuously in said Okeechobee County, Florida veek and has been entered as second class mail matter at tst office in Okeechobee, in said Okeechobee County, A, for a period of one year next preceding the first ation of the attached copy of advertisement; and affiant r says that she has neither paid nor promised any person, r corporation any discount, rebate, commission or refund purpose of securing this advertisement for publication in id newspaper. I I/ ___� OF OKEECHOBEE N E OF PUBLIC HEARING FO TRANSMITTAL TO THE 'STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TEXT AMENDMENTS TO THE.COMPREHENSIVE PLAN The City Council of the City of Okeechobee proposes to adopt the follow- ing by Ordinance: ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,ADOPTING AMENDMENTS TO ITS COMPREHENSIVE PLAN; SO AS TO ESTABLISH THE PUBLIC SCHOOL FACILITIES ELEMENT, AND ASSOCIATED' TEXT AMEND- MENTS TO THE INTERGOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENTS ELEMENTS; TO REVISE AND UPDATE THE EXISTING GOALS, OBJECTIVES AND POLICIES, AND DATA AND ANALYSIS; TO MEET THE ,STATE OF FLdRiDA MANDATED PUBLIC SCHOOL CONCURRENCY REQUIREMENTS IN ACCORDANCE WITH CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTALTOTHE STATE LAND PLANNING AGENCY PROVIDINGA CONFLICTS CLAUSE AND SEVERABILIiY CLAUSE, PROVIDINGAN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPLICANT: CITY OF OKEECHOBEE ME NUMBER: ' 0&-C1-001 LOCATION OF AFFECTED PROPERTY c ALL INCORPORATED AREAS OF THE CITY OF OKEECHOBEE The PUBLIC HEARING on thfms`itevd.l be held at City Hall; 55 SE 3rd Avenue, 0keechobeIe FL,- on Tuessday, May 6; 20W beginning .at 6:00 p.m., or as soon thereafter;as possible:: If'it beoomes necessary, a public hearing may be continued from tlrti) to time as may be necessary 'to a date -certain. All lntenesfieii'persons wlll be given an opportunity to be heard. Written comments received in,advande of the public headrg will also 'be considered A copy of�the _text aowdmentsmay be obtained at the Office of the City Clerk 55 SE 3rd Ave., Okeeeliobee; FL (863) 763-337Z PLEASE TAKE NQTIC.EAND BEADVISED that if any person desires to appeal any d6dslot made by the City Council with respect to any matter considered atthis hear- ing; such inter>rsted person will need a record of the proceedings, and, for such pur pose may neeii'to ensure a verbatim Yard of the proceedings is; made; which record adudes the testimony and evidence upon which the appeal is to be based. City. Clerk media are foc the sole 'purpose of backup for officdal reoords of the Clerk. Anyone with a'disability requiring aocommodation to attend this meeting should contact I"Gamiotea no later than two (2) working days prior to the proceeding at 863=763-3372 x215 if headrg or voice impaired, call TDD 1-800-955-8770 (voice) e. r 1=888-955-8771 (TTI).. . By,:. James E: Kirk,;Mayor Lane Gamiotea, CMC, CITY CLERK ya,nds, edtbefore me this ;�i'� — ra" °osJanetta ThibouIt D ommssonDD505311 ary 10, 2010 i / ..�� `� QF f� Boetled Tm, Fan hwo�e. Inc WD-305-7019 State of Florida at Large EXHIBIT NO. 3 MAY 6'" - FIRST READING EXHIBIT NO. MAY 20T" - FINAL ORDINANCE NO. 1021 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 CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT TO INDUSTRIAL (IND) 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, Steven Ramunni, Attorney, on behalf of property owner, MaryAnn Newcomer, of the property more particularly described hereafter, has heretofore filed Petition No. 08-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.642 acre(s) from Central Business District (CBD) Zoning District to Industrial (IND) 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 April 17, 2008, and submitted by staff report, which determined such petition(s) to be inconsistent with the Comprehensive Plan and is not appropriate with the zoning uses within the City; and WHEREAS, the City Council has not 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: BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 161, OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND RUN THENCE SOUTH 70 FEET TO SOUTH LINE OF NORTH PARK STREET FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 150 FEET TO INTERSECTION WITH NORTH LINE OF SOUTH PARK STREET; RUN THENCE WEST ALONG SAID NORTH LINE 200 FEET TO INTERSECTION WITH EAST LINE OF FORMER BUT NOW ABANDONED FEC RR; RUN THENCE NORTH ALONG SAID RIGHT-OF- WAY 150 FEET TO INTERSECTION WITH SOUTH LINE OF NORTH PARK STREET AFORESAID; RUN THENCE EAST ALONG SAID SOUTH LINE 200 FEET TO POINT OF BEGINNING; SAID LAND LYING IN AND COMPRISING PART OF EAST ONE-HALF OF SOUTHWEST ONE -QUARTER OF SECTION 16, AND NORTHEAST ONE -QUARTER OF NORTHEAST ONE -QUARTER OF NORTHWEST ONE -QUARTER OF SECTION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST. LESS AND EXCEPT: ADDITIONAL D.O.T. ROAD RIGHT-OF- WAY ON STATE ROAD 70, AND IS APPROXIMATELY 0.642 ACRE(S) Ordinance No.1021 - Page 1 of 2 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 Commercial Business District (CBD) Zoning District to Industrial (IND) Zoning District. T-lie z Futum SECTION 3. CONFLICT. All ordinances or Darts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVE:RABILITY. 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 portioins 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 61h day of May, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk, James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 20th day of May, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1021 - Page 2 of 2 APrel 17, 2DO PLANmINO BomAoARD of ADJUSr11ENT AND APPEALs - PAeE 3 of 6 V. OPEN PUBLIC HEARING CONTINUED. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 08-004-SSA Application will be forwarded in ordinance form for a final Public Hearing on May 6, 2008 Application will be forwarded in ordinance form for a final Public Hearing on May 6, 2008 before City Council. • before City Council. B. Consider Rezoning Petition No.08-002-Rsubmitted bySteven Ramunni, Consider Rezoning Petition No. 08-002-R submitted by Steven Ramunni, Esq, on behalf of property owner Mary Ann Esq. on behalf of property owner Mary Ann Newcomer. The petition Is to Newcomer. The petition is to change the zoning designation from Central Business District (CBD) to Industrial (IND) for change the zoning designation from Central Business District (CBD) to property located at 701 Southwest Park Street and is approximately 0.642 acres. Brief Legal; Block 161, Town of Industrial (IND) for property located at 701 Southwest Park Street and is Okeechobee. approximately acres. Brief Legal; Block 161, Town ofOkeechobee - Planning Consultant. Mr. Brissson presented the LaRue Planning Staff Report, citing the rezoning would be contrary to the City s Comprehensive 11 Plan and not consistent with the intent of the Commercial land use designation presently applied to the property. Mr. Steve Ramunni, Esquire of LaBelle, Florida addressed the Board. Mr. Ramunni started by stating the City zoning map Is incorrect due to the omission of the abandoned railroad bed not being coded. The same abandoned railroad bed to the North Is zoned Industrial and same should be zoned for this property, allowing the compatibility of the Industrial zoning for 701 Southwest Park Street. The Board discussed the possibility of Industrial uses and the impact to the area. It was stated, this is the Central Business • District and as such would not be appropriate to be zoned Industrial and would not be consistent with the current land use and zoning. The map error could be argued for commercial zoning, due to the surrounding zoning. Chair Ledferd inquired whether there were any citizens who wished to addressed the Board. There were none. Board Member Maxwell moved to deny Rezoning Petition No. 08.002-R on the basis, the proposed use is contrary to the City's Comprehensive Plan; and that Industrial Use is not consistent with the Commercial Land Use classification; and further, Industrial Use would have an adverse impact on the public interest should it be situated in our downtown area and on the basis that this use is incompatible with adjacent uses; and that it be a deterrent to adjacent property; and due to the size of the property would be impossible to offer Industrial uses of neighboring property, and recommend to City Council not to change the zoning from Central Business District (CBD) to Industrial (IND); seconded by Board Member Burroughs. APwL 17. 2008 PLANMNO BOMAOMn OF ADA MrENT AND APPEALS - PAGE 4 OF 6 V. OPEN PUBLIC HEARING CONTINUED. B. Consider Rezoning Petition No. 08-002 VOTE LEDFERD-YEA HOOVER -ABSENT KELLER-YEA BURROUGHS-YEA CLOSE -ABSENT MAXWELL-YEA MCCOY-YEA MORGAN -ABSENT O'CONNOR-YEA MOTION CARRIED. Application will be forwarded In ordinance form fora final Public Hearing on May 20, 2008 III Application will be forwarded in ordinance form for a final Public Hearing on May 20, 2008 before City Council before City Council QUASI-JUDICIAL Consider a Special Exception Petition No. 08-005SE to allow a drive Consider a Special Exception Petition No. 08-005-SE to allow a drive through service and outdoor sales and storage located through service and outdoor sales and storage located within Heavy within Heavy Commercial (CHV) Zoning District (ref. Code Book Sec. 90.283)(1)(5)) submitted by Rudd Jones on behalf of Commercial (CHV) Zoning District (ref. Code Book Sec. 90-283)(1)(5)) property owner Linda Bridges. The subject property is located at 920 Northwest Park Street. Legal description. Lots 14 submitted by Rudd Jones on behalf of property owner Linda Bridges. The through 17, Block 163 and is approximately 0.586 acre(s), subject property is located at 920 Northwest Park Street. Legal description: Lots 14 through 17, Block 163 and is approximately 0.586 Mr. Brisson presented the LaRue Planning Staff Report of approval, finding that the use is not contrary to the Comprehensive acre(s) - Planning Consultant. Plan requirements. He also stated, there is plenty of room for the drive through and parking. Patricia Gorter, Rudd Jones & Associates addressed the Board. She stated in the original application, the potted and hanging plants were shown in the Northeast area. They are not visible for people driving by, so they will be relocated. The Board asked whether this project would be completed within twelve months. Ms. Gorter doubted that it could be, due to the renovations that have to be made. Ingress and egress onto or off SR70 was discussed. The ingress and egress will be on NW 11PAvenue. Mr. Brisson stated therewas ample room for the drive through and parking, and would be addressed at the TRC meeting for site plan review. The Board discussed the Special Exception (SE) classification should the property were to be sold. Would the SE stay with the land or the use. The Board was instructed unless they were specific with the motion the SE would stay with the land. Chair Ledferd asked whether the citizens had any questions? There were none. City of Okeechobee General Services Depment 55 S.E. 3rd.Avenue, Room 101 Okeechobee; Florida 34974-2903' Phone: (863) 763-3372, ext. 218 Fax:, (863) 763-1686 Date: Petition No. Fee Paid: 56D . OD Jurisdiction i�. IstHearin . g >-ob 2ndHearing r �/ V Publication Dates: Notices Mailed: u.niuorm Lana use Application RaznnP • .t\'nnni�i Ti t...o"+;.,.. � ZT....:..�.__ ✓ Name'ofproperty owner(s):Mani 0-nn brrrY' n Wo, n�,». /leWC0.�er_ w. ! 1 A Owner mailing address:�t (1 P Cl 7. P- L Name of applicants) 'if other than owner (state relationship): I c Applicant mailing address: i�5f. () �Fi c��o x 1118 LdBe 1 k FL.33'7 A. A N Name of contact person (state relationship): >1� �y (.(r LLJI Contact person da 'me hone(s): 8565- 6-7 rj - Fax: '31-7 -� - ✓ Property address-/ directions to property: `� �) ����r K �--f FL Indicate current use of property: Comm r _ Y r Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): CL IenC.e_S17bre, - Dr+de- Approximate number of acres: Is property in a platted subdivision? P R Is there a current or recent use of the propem that isr'was a violation of county ordinance? If so, describe: W- O P E Have there been any land use applications concerning all or art of this properly in the last y ar? so, indicate ate, nature and applicant's name: i R Is a sale subject to this application be g granted? T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Describe adjoining land uses / improvements to the North: C B D T-N D South: CQD 4 _rM f-) East: -PU-B West: C N v Existing zoning. COD Future band Use classification: c�►'r►m C�rQ. c l �/ Actions Requested: (✓) Rezone (_) Special Exception (_� Variance Parcel Identification Number_ -,2- - - -BQvo Confirmation of Information Accuracy ,Ll'iereby certify tKat the information in this application is correct. The information included in this application is for use by the City of Okchobee in processing my request- False or misleading information may be punishable by a fine of up to SSQO-09-a. d risonment of up to 30 days and may result m the su 7ma denial of this application- _ � �f�'�% /� % (% S _g atur Printed tame Date Uniform Land Use Application (rev 1iO3) Paee 1 of 2 fe r V, Current zoning classification: C 6 Requested zoning classification : T—N D R What is your desired permitted use under the proposed classification: CO, nve►`11en1, S-I ore, — by l ve- E ihrt,�- Bi Ilboarc� z N If granted, will the new zone be contiguous with a like zone? Iles E Is a Special Exceptionnecessary for your intended use? l Variance? I U D Describe the Special Exception sought: . S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? I-F so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I if business_ briefly describe nature including number of employees, hours_ noise generation and activities to be IN conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary? Uniform Land Use Application (re. l iO3) Page 2 of 2 CZP This Instrument was pmpored bys printed for lawyers'. Title ouaranty Fvnd, Orlando, Florida . PAUL R. STANTON, F.80. WELLISCH AND MERGER, PJL Ateerle'Aveeee, #2W4 Warranty deed (STATUTOfiT FOt1tl—SECTIDH 687,02 F.S.) , � � FLOWDA alas -- - of January, 19 BB . �tiUtttlt y .. _ �tlliltTt. Mode this 4 day JOBN A. SMITH, JOIR R. BROOKS and WILLIAM J. VACHON, As Tenants in common , State of Florida . 9miilore, and t of the County PI Okeechobee MARY ANN NEWCOMER whose post office address is p, 0: Box 1537t Okeechobee, FT, 34973 i , State of Florida , grcntste, i of tM County of . Okeechobee M {E �.[tgebgl , That soil grantor, for and.in-consideratioof the turn m of Ten and 00/100 010.00)- -� ocelp s hereby 10 ironj6v in he r and other good s granted, rnte , bargained ° ndssold lo�the said grontea� nddgranites heirsnfand tassions Fotrevor,16e_ iloUowinp acknowledged, has gOkeechobee County, Florida, to-wih µ� dewribed load, siluote, lying and being in ,`0 ) Beginning at the SE Corner of Block 161, TOWN OF OKEECHOBEE, according to•plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, ma's" feet to. South line of North Park Street for the Florida, and run thence South 70 r�point of beginning; run thence South 150' to intersection with North line o fi r South Park Street; ruff thence West along said North line 200 feet to Intersection with East line of former but now abandoned FEC RR; run thence North along said IL ;v* right of way- 150 feet to intersection with South line of North.Parktree ;i> �'.. !. aforesaid; run thence East along said South line 20D feet to Point of Beginning; i c�.a.- said land Lying in and comprising part of E 1/2 of SW 1/4 0£ Section lb., and �I, NE 1/4 of NE 1/4 of NW 1/4 of Section 21, Township 37 South, Range 35 East. (=I� of an of the Grantors. t `''1_ This is commercial property and is not the Homestead property Y Taxes for the year 1988 and subsequent years; 2. Conditions, restrictions, reservations, limitations and easements of record; �l L M1 3. Applicable zoning ordinances, regulations and other restrictions imposed by r'N9P=_ governmental authorities. ono sold grantor does hereby fully warrant the tills to sold bad, and will defend the some against the lawful claims of oil persons whomsoever. "G4ontor" and "grontee" are used for singular or plural, as context requires Ott �ftnrgit[}srrnf, Grantor has hereunto set grantars:hond, s.ol the day and year First bove riven. Sign d, sealed and delivered in our 'resencer ls�p J S FILED FOR REC0�3 ;sawn . BROOKS {Soon 9 5 t 7 (Seal) ,��'LO�R c1Rculj cou STATE OF FLORIDA COUNTY OF OKEECHOBEE manta, Personally appeared I HEREBY CERTIFY thal on this day before me, on officer duly qualified to take acknowledg Ip1iN A. SMITH, JORN R. BROOKS and WILLIAM J. VACHON to me known to be the person s described in and who executed the foregoing instrument and acknowledged before me shot the yexecuted the some. do of 7angary .3 J '. WITNESS my bond and official seal in the County and Slate lost aforeid $ Ysathis i 19 88 s • _ .Notary ihrbli� My commission expires. / 1 i uCiI:.IF'if':.- _ _TAX 8 U. L I AFFIDAVIT STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Mary Ann Newcomer Tuten a/k/a Mary Ann Newcomer, Aff ant state the following: 1. That I am herebyy the owner of the property located at 701 SW Park Street, -Okeechobee, Florida, also particularly described as. follows: Beginning at the -Southeast corner of. Block 161, Town of Okeechobee according to plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida; and run thence South 70 feet to South line of North Park Street for the Point'of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of . East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one -quarter of the Northwest one -quarter of Section 21; Township.37 South, Range 35, East. Less and except: Additional D.O.T. Road right-of-way on S.R. 70. 2. That Steven A. Ramunni, Esq. is authorized to act on my behalf concerning the rezoning application submitted contemporaneously with my affidavit and he is further authorized to appear at all public hearings herein. Under penalties of perjury, I declare that I have read the foregoing affidavit and the facts stated in it are true. Y �NEW�COIU�METftUJTEN, AFFIANT STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thistJ �_-day of August, 2007. Mary Ann Newcomer Tuten is personally known to me or has produced as identification and did p6f_0m,,an oath. NOTARY PUBi IC -STATE OF FLORiDA Lisa Pace T Y PUBLIC Commission # DD549434 N'y Comm. Expires: 12/20/2007 0 0 NOVEMBER 15, 2007 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS -PAGE 2 OF 6 V. OPEN PUBLIC HEARING - Chairperson. CHAIRPERSON LEDFERD OPENED THE PUBLIC HEARING AT 6:00 P. M. A. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni on behalf of property owner Mary Ann Newcomer-Tuten. The application is to change the Future Land Use designation from Commercial (C) to Industrial (IND) for property located at 701 Southwest Park Street. Legal description; Unplatted lands of the Town of Okeechobee, according to the plat thereof, recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and is approximately 0.642 acre(s) - Planning Consultant. Bill Brisson, Senior Planner for LaRue Planning and Development reported the LaRue Planning Staff recommendation of denial. This property is located between Southwest 7th and 8th Avenues on the south side of State Road 70. This is at the western extremity of the City's Central Business District (CBD) and essentially within a commercial area. Looking at the surrounding land uses and future land use designation, the land to the north is zoned CBD, with Commercial Land Use designation, consisting of a restaurant, car sales and vacant land, immediately to the east is the Park Avenue Greenbelt, to the south a large furniture store, also zoned CBD with Commercial Land Use designation. There is a little confusion as to the actual designation immediately to the west of the property. To the west there is the abandoned right of way. It does not show up on the future land use map as having any land use category, nor does it show any zoning category. Approximately 50 to 60 feet wide in width. Board Member Burroughs inquired whether this strip of land was unincorporated? Mr. Brisson replied, "it is within the City, but it is land that is not officially showing on the maps." Mr. Brisson stated LaRue Planning does not believe that this land or for that matter a number of other lands that are presently shown as Industrial, either on the zoning map or the future land use map, really are practical planning designations. They are carry overs from the fact that this was railroad property and they are given a variety of different land use designations, not all of which make a lot of sense. In light of the way much of these properties are shown on the maps, one would have expected it could have been Industrial in designation. In conclusion, LaRue Planning Staff does not believe the land use to be consistent in the application of the Industrial designation along the railroad right of way. We believe it is a hold over from the previous use of the land as railroad right of way and does not really reflect the most appropriate designation from a planning prospective. This is property located at the end of the CBD district and the Industrial zoning would essentially interrupt the Commercial land use pattern. It tends to introduce the potential of heavy duty manufacturing use in an other wise commercial area. We recommend this proposal be recommended for denial to the City Council. Steven Ramunni, representing property owner Mary Ann Newcomer-Tuten, addressed the Board. He stated, last February the Board acted in an appellate capacity with regards to the recision of the building permit that was issued by the City for a billboard. The City testified before this Board that the property adjacent to this property was designated Industrial, so I have a problem tonight with it being coded as, not really anything, because this Board rendered its decision based on the testimony of the City Staff at the February meeting. NOVEMBER 15 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 6 Now it seems like it is being pulled out from under us, so to speak. If you look at the City maps, and there is some confusion, but the property on each side of the abandon right of way, is coded as Industrial property as far as zoning. Somehow there is an error or an omission undoubtably in the City maps where it leaves a gap as to this particular piece of property, which is adjacent to our subject property. In the Land Use designation, there is nothing for any of the abandoned right of way property and we believe that in and of itself creates an inconsistency within the City's comprehensive plan future land use map and the defacto (actually existing, esp. when without lawful authority) zoning that has gone on in the City. It is our contention that the subject property is contiguous to property that is in fact zoned Industrial. With the potential use of manufacturing or processing, this application is consistent and compatible with the surrounding land uses. Vice Chair Hoover stated the objective of the Board is to get the zoning to match with the land use designations of the Future Land Use Map. Mr. Brisson concurred. Mr. Ramunni interjected, unfortunately this is the procedure we have to go through first as suggested by Mr. Cook at the February meeting to rezone the property. To rezone the property, we have to ask for a future land use change. Ms. Hoover then added maybe she misunderstood, but she thought Mr. Ramunni said he thought the property was already zoned Industrial. Mr. Ramunni replied, we believe the property adjacent, which is one of the factors is in fact Industrial and think that is a critical element because that is what gives us our consistency and compatibility to rezone the subject property ultimately as Industrial if the Board was to adopt the Future Land Use Map Amendment. Shelly Johnson, Planner for the applicant, distributed a paper she had prepared, comparing permitted uses within the CBD and Industrial zoning districts. The main question she had was whether the Board was clear on the presentation so far as to the inconsistency between the land use map and the zoning map with regard to the Industrial designations of railroad right of way in the City. I think that is key to this application. The railroad right of way is zoned Industrial, but it does not have a land use designation at all, which creates obvious inconsistencies in the land use map and zoning, which is an issue. The inconsistency makes it difficult to argue one way or the other whether proposed change is consistent with adjacent land use, because the adjacent land use does not exist to the west. The placement of the billboard was proposed on the west side of the property, which is adjacent to the railroad right of way. It was not proposed on the east side adjacent to the park. If the zoning and land use maps were consistent and applied the Industrial land use designations to all the railroad right of ways in the City, it would in fact fall adjacent to Industrial zoned land use designation. The tendencies, based on the land use pattern that has been established on right of ways in the City, is that it probably should have been zoned Industrial at some point in time when all the rest of the right or ways received that designation. Board Member Burroughs stated that you are requesting to make more Industrial property right in the middle of town and that I do not agree with. The Planner for the applicant stated there are other avenues. There is litigation going on and the applicant is more than willing to establish this as criteria of eliminating the litigation process. 0 • NOVEMBER 15, 2007 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 4 OF 6 Mary Ann Tuten, formerly Mary Ann Newcomer, owner of the property, said my property has always been Commercial. She stated she does not want to change her property from Commercial to Industrial. All I want is to get an approval for the billboard sign to be put on the property line. She stated she told Carter - Pritchard, the billboard sign company, she wanted the sign placed as far away from her business and as close to the property line as allowed. "Can we just take the little strip of land by the property line and change to Industrial and make it contiguous with the railroad and leave the rest of my property alone, would that be alright?" Chair Ledferd replied that setbacks for Industrial would not allow for the sign. Chair Ledferd then instructed the Board, this application was for land use change, not a sign. She then asked if she could apply for partial zoning. Board Member McCoy said the Board needs to look at the application as submitted, to change the designation of the whole lot, not a portion of. Chair Ledferd asked if there were further questions from the Board, applicant, or citizens. There were none. Board Member Burroughs moved to recommend denial to City Council for being inconsistent with the Comprehensive Plan for application No. 07-013-SSA to change Future Land Use from Commercial (C) to Industrial (IND); seconded by Vice Chair Hoover. VOTE LEDFERD — YEA HOOVER — YEA KELLER — YEA MCCOY — YEA JOHNS — ABSENT JUAREZ — YEA MAXWELL — ABSENT O'CONNOR — YEA BURROUGHS - YEA MOTION CARRIED. Application will be forwarded in ordinance form for a final Public Hearing on December 4, 2007 before City Council. B. Consider Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-014-SSA, submitted by property owners Gwynn and Linda Johnson. The application is to change the Future Land Use designation from Commercial (C) and Single Family (SF) to Industrial (IND) for property located at 105 Northeast 9th Street. Legal description: Lots 1 through 7 and 20 through 26, Block 36, City of Okeechobee, approximately 2.84 acre(s) — Planning Consultant. Mr. Brisson presented the LaRue Planning Staff recommendation of approval, stating the application is compatible with surrounding property and consistent in land use. Chair Ledferd asked if the applicant wished to address the Board. Vikki Aaron, representing the applicant, stated this was being requested due to property appraisal. Mr. Johnson stated when he bought the property many years ago it was Industrial and that is the way he would like to see it remain. Board Member Burroughs interjected, this is an Industrial area and has been zoned that way for a long time. From a contiguous stand point, this request should not be a problem, Board member Maxwell affirmed the need for more Industrial zoning. Chair Ledferd asked if there were further comments or concerns from the Board or citizens. There were none. VII, PUBLIC HEARING CONTINUED, C. 2. b) Public discussion and comments on proposed Ordinance No.1003 continued. c) Vote on motion. D.1, a) Motion to read by title only proposed Ordinance No.1004. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1004 by title only DECEMBER 4, 2007 - REGULAR MEETING - PAGE 11 OF 16 B. The proposed use will not create traffic Congestion, flooding or drainage problems, or otherwise affect public safety. Continuation of the current use will create no traffic congestion, flooding or drainage problems. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is subject to no extraordinary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to the owner, Mayor Pro Tern Watford asked whether there were any questions or comments from the public? There were none. The only comment from the Council was that this basically is to dean -up a problem that was created when the new land development regulations were adopted. The existing use was permitted to remain, although the type of zoning that was previously designated CII was changed to CLT. However, upon sale of the property, bringing all codes up to date was triggered, causing the rezoning. KIRK - ABSENT MARKHAM -YEA WATFORD -YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED, Council Member L. Williams moved to read by title only proposed Ordinance No.1004, Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 07-013-SSA, submitted by Steven Ramunni, Esquire, on behalf of property owner, Mary Ann Newcomer, seconded by Council Member C, Williams. KIRK - ABSENT MARKHAM - YEA WATFORD - YEA C. WILLIAMS - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No.1004 by title only."ANORDINANCEOFTHECffYOFOKEECHOSE� FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BYREVISING THEFUTURELANDUSEMAPONA CERTAIN TRACTOFLAND MOREPARTICULARLY DESCRIBED HEREINFROMCOMMERCIAL TOINDUSTRIAL; PROWDINGFORINCLUSIONOFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FORANEFFECTIVEDATE." VII, PUBLIC HEARING CONTINUED. D. 2. a) Motion to adopt proposed Ordinance No.1004. b) Public discussion and comments. DECEMBER 4, 1007 - REGULAR MEETING - PAGE 12 of 18 Council Member Markham moved to adopt proposed Ordinance No.1004; seconded by Council Member C. Williams. The Planning Board reviewed the land use application at their November 15, 2007 meeting and voted unanimously to find the request in -consistent with the Comprehensive Plan. Both the Planning Board and Planning Staff are recommending denial of the land use change, Mr. Brisson reviewed Planning Staff Report findings as follows: The Applicant is requesting a Future Land Use Map Amendment to Industrial and will subsequently apply for a rezoning to Industrial to allow an off -premises sign to be constructed on the property. The subject property is located in the western part of the North West Park Street (alkla State Road 70 West) corridor at the western extremity of the City's business district (CBD zoning) and within a predominately commercial area. A. Consistency with the Land Use Categories and Plan Policies. The current and proposed uses for the property are consistent with the Industrial Future Land Use Category and the policies that which govern this category. However, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. Staff does not believe that a change to an industrial land use designation at this site Is consWentwith sound planning as itinsertsthepossibilityformanufacturingorprocessing activities into an area intended for office, retail, wholesale and related commercial activities. As such, Staff does not believe the requested amendment is consistent with the Goal set forth on page 1 of the Future Land Use Element, and which reads as follows: 'Through a well -planned mac of compatible land uses, the City of Okeechobee shall continue to maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost' B. Concurrency of Adequate Public Facilities. The subject property contains an existing commercial use that is already enjoys provision of public utilities from the City and traffic volumes in the area will not likely change as a result of a change to the Industrial land use category. Staff sees no likelihood of concurrency deficiencies associated with the, requested plan amendment. C. Compatibility with Adjacent and Nearby Land Uses, While there is nothing inherently incompatible with industrial uses in close proximity to commercial uses, Staff does not believe thatthe insertion of the potential for heavy industrial at the perimeter of the City's CBD is good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area, and particularly in relation to the CBD. 0 El VII, PUBLIC HEARING CONTINUED. D. 2. b) Public discussion and comment regarding proposed Ordinance No. 1004 continued. c) Vote on motion. DECEMBER 4, 2007 • REGULAR MEETING • PAGE 13 OF 18 D, Pattern of current land use and zoning designations. The City has treated abandoned railroad rights -of -way in the general vicinity of the subject property in an inconsistent mannerwith regard to assigning future land use designations. In some instances, abandoned railroad rights -of -way are shown as Industrial on the Future Land Use Map (FLUM); sometimes the lands remain undesignated; and in still others, a residential designation has been applied. Application of zoning to these lands has been somewhat more consistent in that most of ther lands have been zoned Industrial, although sometimes in conflict with the future land use designation. Staff believes the application of Industrial zoning is a holdover from the lands' prior association with the railroad, and does not necessarily reflect the most appropriate designation from a planning perspective. Consequently, the existing land use and/or zoning classifications (or lack thereof) do not provide a basis upon which to make land use decisions for nearby properties. The abandoned railroad rights -of -way in this area and elsewhere in the City need to be examined so that their Future Land Use designations and Zoning classifications can be assigned based on sound planning principles rather than just theirprior association with the railroad use.While the Applicant may have no intention of introducing manufacturing or processing onto the site, amending the plan as requested will afford current and future owners the potential to do so. These types of uses, which would be allowed only with industrial land use designation, would not be compatible with the commercial character of the area. To allow the possibility of their introduction into the area would be inconsistent with good planning and the Future Land Use Element Goal. Therefore, Staff recommends denial of the requested amendment. Attorney Steven Ramunni, Post Office Box 1118, Labelle, Florida addressed the Council on behalf of the property owner, by offering a brief summary of the issues with this application and a previous building permit that was found to be issued in error. In attendance with Attorney Ramunni was a Planning Consultant, Mr. Stephen Pizado, who gave a summary of why he believes the land use change would be consistent with the City's Comprehensive Plan and surrounding uses. Discussion ensued between the Council, City Staff and representatives for the applicant. Mayor Pro Tern Watford asked whether there were any comments or questions from the public? There were none. The Council concluded that the Planning Staff and Planning Boards recommendation should be up held. That the findings based in the Planning Staff Report are substantial, Application No.07-013SSA was found not consistent with the Comprehensive Plan, as specifically noted in the Planning Staff Report. Therefore the vote was as follows: KIRK - ABSENT MARKHAM • No WATFORD • No C. WILLIAMS • No L. WILLIAMS • No MOTION DENIED. ! . G-RVEYOR ro= . 1. Bearings shown are relative assumingg . N87.24 16'E along New S.R/W Llne N.Park, 2. This survey Is based on information Provided by the customer/agent and no ! search was made of public records by this office to verlfy or deny owners, easements,or right'-Df:Ways. 3. No visible or underground le Pavement has been located except -as shown. 4. This survey Is not valid without the signature and the on Inal ralsed seal of a Florida Licensed Surveyor and Mapper. 5. According to FIRM map dated 2/04/igBi panel # 120177 0175B, parcel Iles In Not Included Area of City Limits; Flood Zone C, per Okeechobee County Planning & Zoning Department. 6. Property Address Is: 701 W.North Park Street, Okeechobee, FL 7. There may be additional restrictions that are not recorded on this survey that may be found in the Public Records. 6OUVARY GURNEY OF- O. R. BOOK 292, PAGE 539: " BEGINNING AT THE SE CORNER OF BLOCK 161, ~ THEREOF RECORDEDDEIN PLATRBOOK 2, PAGE Q. ' 17, PUBLIC RECORDS OF ST.LUCIE COUNTY, FLORIDA. AND RUN THENCE SOUTH 70 FEET. -TO SOUTH LINE OF NORTH a PARK STREET FOR THE' POINT OF BEGINNING; RUN THENCE SOUTH •' �, WW OF ION NORTHNALONG SOUTHTPARK STREET, RUN l HENCE WEST '3 SAID NORTH LINE 200 FEET -TO INTERSECTION WITH'EAST LINE OF FORRER.OUT NOW ABAN- LP DONED FEC RR;RUN THENCE NORTH ALONG SAID RIGHT OF WAY 150 FEET TO INTERSECTION. WITH SOUTH LINE OF NORTH PARK STREET AFORESAID; RUN THENCE EAST ALONG SAID SOUTH LINE 200 FEET TO POINT OF B-GIN- NING; SAID LAND LYING IN AND COMPRISING PART OF E 1/2 OF SW 1/4 OF SECTION 16, AND NE 114 OF NE 114 OF NW.1/4 OF SEC- TION 21, TOWNSHIP 37 SOUTH, RANGE 35 EAST,. LESS AND EXCEPT: ADD ITIDNAL D.0.T.ROAD A/W ON S.R.70. R 70 - NOM PARK 6TREET 70`R/W - ASPHALT -. NO MEDIAN. NWWl7e IMMWIC1 ease ` ._. 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A . enonR mi:4mupu•sE PP W GVC utc �A`M 1375 Jackson Street, Suite 206 Fort ;rs, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: info@larue-planning.com Staff Report in Rezoning Request Nstom. Preparedfor City of Okeechobee Applicant: From: To: Petition No. Steven Ramunni, Esq. for Many Ann Newcomer :I IND ' Staff Report Rezoning Request Appl&: S. Ramunni for Newcomer Petition No.: 08-002-R General Information: Applicant: Steven Ramunni, Esq. Applicant Address: P.O. Box 1118 Labelle, FL 33975 Applicant Phone Number: 863-675-4646, FAX: 863-675-4174 Owner: Mary -Ann Newcomer Owner Address: P.O. Box 1537 Okeechobee, FL 34973 Future Land Use Map Existing Commercial Proposed Previous request for a . Classification change to Industrial was denied and designation remains Commercial. Zoning District CBD Industrial Use of Property Commercial convenience Commercial convenience store (drive-thru) store (drive-thru) and billboard Acreage 0.642 0.642 Location: 701 SW Park Street Legal Description: Beginning at the Southeast comer of Block 161, Town of Okeechobee. according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, and run thence South 70 feet to South line of North Park Street for the Point of Beginning; run thence South 150 feet to intersection with North line of South Park Street; run thence West along said North line 200 feet to intersection with East line of former but now abandoned FEC RR; run thence North along said right-of-way 150 feet to intersection with South line of North Park Street aforesaid; run thence East along said South line 200 feet to Point of Beginning; said land lying in and compromising part of East one-half of the Southwest one -quarter of Section 16, and the Northeast one -quarter of the Northeast one -quarter of the Northwest one -quarter of Section 21, Township 37 South, Range 35, East. Less and except: Additional DOT Road right-of-way on SR 70. Request: The Applicant is requesting to rezone the subject property from CBD to Industrial to allow an off -premises sign to be constructed on the property. Staff Report Rezoning Request Ap. ant: S. Ramunni for Newcomer Petition No.: 08-002-R Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Commercial Zoning District: CBD Existing Land Use: Restaurant, car sales, and vacant East: Future Land Use Map Classification: Public Facilities Zoning District: PUB Existing Land Use: Park Avenue Greenbelt public park South: Future Land Use Map Classification: Commercial Zoning District: CBD Existing Land Use: Large furniture store West : Future Land Use Map Classification:_ Commercial Zoning District: CHV Existing Land Use: Retail These designations are for the property on the west side of NW 7 Avenue. The property immediately west and adjacent to the subject property is vacant, abandoned railroad right-of-way and, as discussed in detail during consideration of the prior request for a Plan amendment, the adjacent property presently carries no Future Land Use or zoning designations. Summary: 11 The subject property is located in the western part of the SR 70 corridor at the western extremity of the City's CBD and within a predominately commercial area. This property was previously the subject of a request to change the Future Land Use designation from Commercial to Industrial, which request was recommended for denial by the Planning Board and subsequently denied by the City Council. Analysis: Section 70-340 of the Land Development Regulations requires that the reviewing body find that the application for rezoning meets each of the following conditions. The Applicant has submitted no information that would convince the Staff that rezoning the subject property to Industrial would allow for the required findings. Staff offers the following comments: 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the requested rezoning would be contrary to the City's Comprehensive Plan. Rezoning the property to Industrial is not consistent with the intent of the Commercial land use designation presently applied to the property. The Industrial zoning district permits uses that are neither listed nor contemplated as permitted uses within the Commercial Land Use Category and, as such, rezoning to Industrial would be K Staff Report Rezoning Request Appli4e. S. Ramunni for Newcomer Petition No.: 08-002-R inconsistent with the Comprehensive Plan. Furthermore, with the exception of the park to the west of the subject property, surrounding land use designations, zoning, and existing uses are largely commercial rather than industrial. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. A billboard is permitted within the Industrial zoning district, although there is presently a moratorium on the location of billboards within the City. 3. The proposed use will not have an adverse effect on the public interest. No, the rezoning presents the potential for disruption of the predominantly commercial character of the area by introducing the possibility of more intensive industrial uses. This would not be conducive to promoting a well -planned mix of compatible land uses and the continuation of a desirable land use pattern in the area. 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. Insertion of industrial zoning at the perimeter of the City's CBD is not good planning and is incompatible with the predominantly commercial character of the SR 70 corridor in this area. Industrial zoning on this site could result in the introduction of uses incompatible with the character of the surrounding area, particularly in relation to the CBD and could therefore be detrimental to the land use pattern desired for the area. 5. The proposed use will not adversely affect property values or living conditions, o4be a deterrent to the improvement or development of adjacent property. - Industrial _zontffg- this location could prove a deterrent to improvement or dede el` opment of adjacent properties in the manner that is considered desirable and consistent with the commercial character of 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. It may not be possible to suitably buffer all industrial uses that would be permissible on the property. 3 Staff Report Rezoning Request Ap :ant: S. Ramunni for Newcomer Petition No.: 08-002-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. It is not expected that rezoning to Industrial would likely result in development that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. It is not expected that rezoning to Industrial would likely result in excessive traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The property is not inordinately burdened by unnecessary restrictions. Rather, it has been subject only to restrictions imposed on other similarly zoned properties in the area. Recommendation: In light of the above analysis and findings, Staff recommends denial of the request to rezone the property from CBD to I (Industrial). Submitted by: James G. LaRue, AICP Planning Consultant March 11, 2008 Future Land Use Map (FLUM) Property Appraiser's Aerial Photograph Zoning Map I" Public Hearing, Planning Board, March 20, 2008 11 I �\?\Ma \ \ March 13, 2008 Sarah Regina Hamrick Trustee PO Box 837 Okeechobee, Fl 34973 Dear City Planning Board/Board of Adjustment I am opposed to the rezoning of Petition No. 08-002-R. The petition is to change the zoning designation from Central Business District {CBD} to Industrial for property located at 701 Southwest Park Street. I have adjacent property and do not want to have it decrease in value. I would appreciate your consideration in this matter. Respectfully, Sarah Regina Hamrick 03/18/2008 00:58 8637634831 PAGE 01 BILLIE JEAN REXNOU)S 744 S. W. 24' .AVenHe Qkeechobee, Florida 34974 March 18, 2008 City of Okeechobee Planning Board Okeechobee, Florida Re.: Rezoning Property at: 701 South West Park Street This letter is to ixdorm you of my objections of re -zoning the above property_ The said property begins the downtown area and should not be zoned industrial. l owns property at 107 South West 7' Avenue. Billie Jean Reynolds [st;- 4,0414k, I)VtIllittetl Seri, 90.812, Permitted uses, Thf: following principal uses and struct.urr,-z ar(; permitted in the, CIA) district.: i7) Professional office, t,ilsiraesG offacf;, medi- cal offiice. (2) Retail service, retail store including out- door display of merchandise:, (3) Restaurant, cafe. (4) Personal service. 5) Dry cleaner, laundry. (6) Private club, nightclub, (7) Craft studio. (8) Business school. (9) Commercial indoor recreation, (10) Commercial parking garage ar lot. (I.DR 1998, § 391) Sec. 90-313. Special exception uses. The following uses and structures are permit- ted in the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: �L DDrive-through service, (2) Auto service station, car wash. (3) Radio, television or cable reception, trans- mission or operational facilities. (4 Mechanical and repair services, (5) House of worship. (6) Marina, dock, pier, 7) Public facility or use. 8) Public utility, (9) Permitted uses in excess of 45 feet in height, (10) One dwelling unit, per commercial build- ing. (11.) Outdoor vehicle sales lot. (LDR 1998, § 392; Ord. No. 962; § 1, 12-5-2006) 111o,lk) ink C" 1lar; fi�llrjv i ig pri��cip.�l uses ar�c3 etj-u(;tur !: WC perruitt.ed ira the INTI) district: (1) Business office. (2) Business school. (3) Retail service, retail store including out- door display of merchandise. Research laboratory, "ift Manufacturing, processing, except those which produce explosives. (6) Mechanical and repair services. Bulk storage of nonhazardous material. Off -site sign. Outdoor sales and storage, building con- tractor. Wholesale sales and distribution. oft Enclosed warehouse and storage, t(12); Commercial laundry, dry cleaner. IW Printing. 14 Auto service station, car wash. 15 Drive -through service. (16) Parking garage, parking lot. 17 Radio, television or cable reception, trans- mission or operational facilities, VWVeterinary service. Railroad facilities. RMW 20 Public utility. 21 Public facility. (1,D 1998, § 401) Sec. 90-343. Special exception uses. Manufacturing chemical or leather prod - acts. Bulk storage of hazardous material and flammable liquid. Salvage yard. Other industrial uses not listed. WE I (5) Cafe. Crematory. _. Port.uneteller. (8) Permitted uses in excess of 45 feet in height. (9) Outdoor vehicle sales lot. r, Adult, entertainment.: , � li,ebbbilitation or half -way honaee. PRESENTATION TO THE OKEECHOBEE CITY COUNCIL May 6, 2008 SR 70 / US 441 Traffic Systems Management (TSM) Study Existing Conditions (SR 70 / US 441) • 2007 Level of Service (LOS) — LOS E — Failed / Does not meet minimum operational standards Improvement Alternatives • Provide dual left turn lanes — all approaches — Sufficient width on US 441 — Need to widen SR 70 (see plan on page 2) • Re-route left turns away from SR 70 / US 441 —Prohibit left turns from north & south bound US 441, & from westbound SR 70 —Re-routing traffic along local streets in the northwest quadrant of SR 70 / US 441 is not feasible —Maintain single eastbound left turn from SR 70 to northbound US 441 Operational Performance & Cost Dual Left Turn Lanes • 2007 LOS = D • Service Life of Improvement — 10 years — Reaches LOS E between 2018 and 2020 • Estimated Cost: $3.9 Million (Excluding Right -of -Way) Re-routed Left Turns • 2007 LOS = D • Service Life of Improvement — 10 years — Reaches LOS E between 2018 and 2020 • Estimated Cost: $6.5 Million to $8.4 Million Findings —Both improvement alternatives have approximately the same existing & future LOS —Cost of re-routing alternative is significantly higher Recommendation — Implement the dual left turn alternative 1 .RY164W x, 4T 2 � w M w �W I` g u 7 t f ' -.a IL, 2' 8' 2' 12' l2' l2' 12' 6' 12' 12' 2 8.5' 2' ` a1 PROPOSED TYPICAL SECTION US441/ SR15 / PARROT AVE " 45 MPH DESIGN i ,y mot,, p NW 2nd STD» I NE 2nd ST ffP W x 141� Q Yll' p i s . " S gyp. 9 a?.. t„ - p W W i z ! y , N* .. FI W -uk NW -PARK ST_ s a ; � _ r j _ _ _: 'NE PARK ST •• .-..?�c':.,a� •,.-`— .,.....r --x � _ _----------- ----^ram--'—�mg—''a'-- -- --�^rn--+►'----'--- ------------- ---- — -----_--_—_--_ ---—--_— — — — — — r �`s 41 LFR PARK 675�x?��1�' ��r 4& ti a 744 LfRP " s. 4 � x-h . -„ . a, -, .. <p � � �.>F- tr'^. <T. I x'• �. �1___ :„m,.r. pk- SW PARK ST i -?= a S , ., ,� iJl K ST E10 PAR e T _ x.,, ,f•� N W W , W 1 x W i t i W W s : d 4 r; € Q g ,p G r 441 Q Q t. t't, { W 15 r ; , . SW 2nd ST SE 2nd ST 2' 6' 2'4' s 9 {I 1 R PROPOSED TYPICAL SECTION SR70 / PARK ST x a " 45 MPH DESIGN a a ., T+ , I a_ ,' ; ss g Mp 'P -.F )� � — :. ?' k ak I I , ^� `` $ � q�i�,J��a��11��.. #y�� „k •-�?•"+tq ', F • AF F Ell f _ �* : AA y ; INTERSECTION IMPROVEMENTS DUAL LEFT TURN LANES SR 70 PARK ST / US 441 PARR EMBIT 4 MAY 6, ZOO8 City of Okeechobee 55 Southeast Td Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (863) 763-1686 Date Received: 41 3 10 r� Fee Paid: $�s- (; J Date Distributed to City Staff and TRC: Property Taxes Paid Verification: LL/Ll( Date of City Council Review: 5 �' r Council Action: APPLICATION FOR PRELIMINARY PLATTING OR SUBDIVIDING PROPERTY NAME OF PROJECT: PARK STREET BUSINESS CENTER NAME OF PROPERTY OWNER(S): WILLIAM GRIGSBY OWNER(S) MAILING ADDRESS: 518 BEAR ROAD, LAKE PLACID, FL 33852 OWNERS PHONE: 863-763-4010 FAX: 863-763-1376 NAME OF APPLICANT: WILLIAM GRIGSBY APPLICANT MAILING ADDRESS: 518 BEAR ROAD, LAKE PLACID, FL 33852 APPLICANTS PHONE: 863-763-4010 FAX: 863-763-1376 A P CONTACT PERSON: BRANDON TUCKER P CONTACT PERSONS PHONE: 863-763-4010 FAX: 863-763-1376 L ENGINEER: RUDD JONES, P.E. & ASSOCIATES, P.A. PHONE: 772-461-6997 C ADDRESS:1905 S. 25TH ST., SUITE 200, FORT PIERCE, FL 34947 FAX: 772-461-0442 A N SURVEYOR: NORTHSTAR GEOMATICS PHONE: 772-781-6400 T ADDRESS: PO Box 2371, STUART, FL 34995 FAX: 772-781-6462 P R O DESCRIPTION OF PROJECT INCLUDING ALL PROPOSED USES: DEVELOPMENT OF A SIX (6) LOT COMMERCIAL SUBDIVISION W/ ONSITE DRY DETENTION AREAS AND LAKES. P E NUMBER/DESCRIPTION OF PHASES: ONE (1) R T Y LOCATION of/DIRECTIONS TO THE PROJECT: LOCATED ON THE NORTH SIDE OF SR 70 BETWEEN 12TH AND 13TH AVENUE IN THE CITY OF OKEECHOBEE, FLORIDA. EXISTING IMPROVEMENTS ON PROPERTY: EXISTING DRAINAGE DITCHES AND STRUCTURE TO BE ABANDONED / DEMOLISHED AT THE TIME OF DEVELOPMENT. IS PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES X NO N/A TOTAL LAND AREA IN SQUARE FEET: OR ACRES: 13.94 ACRES ONSITE; .18 ACRES ATTDL ROW EXISTING IMPERVIOUS SURFACE: N/A SQUARE FEET ACRES % OF SITE Mar 26 08 12:21p RUDD JONES PE ASSOC 772 461 0442 p.3 ADDITIONAL IMPERVIOUS SURFACE: SQUARE FEET ACRES % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 10.06 ACRES; 71% OF SITE CURRENT ZONING: CHV CURRENT FUTURE LAND USE: COMMERCIAL CONFIRMATION OF INFORMATION ACCURACY f hereby ce.Wy that the information in this application is correct. The inloanation inducted in this application is for use by the City of Okeechobee in proresskg my request. False Or rrisleadlno inlonnation maybe punishable by a fine et up to S5W.00 and imprisonment of up to 30 days and may result in the sumrr+ary denial of this applcafon. l ri nted Name Date To: Betty Clement & Technical Review Committee Voting Members. From: Oscar Bermudez P.E. Engineer Date: January 08, 2008 Re: Preliminary Site Plan Review for Park Street Business Center. "-91 I have reviewed the preliminary drawings for the above project and I found that: 1. N.E.12 Ave. (Mobley St.) shall be a Public City Street with a minimum right - way of 70 feet. Not only for the benefit of the new proposed project but also for future City Expansion. 2. A sidewalks along both side of the Ave. will be required within the project Limits. 3. In addition, any others requirements by DOT, DEP, SFWM and other State agencies as required. • Memo 0 To: Administrator Whitehall From: Betty I Clement, General Services Coordinator Date: February 26, 2008 Subject: Park Street Business Center Please review the revised pre -application plat review for Park Street Business Center and list any comments or concerns on the revisions. Brian Whitehall, Administrator - Oscar Bermudez, City Engineer -1 Donnie Robertson, Public Works Director - ( J Ray Schaub, Building Official Bill Brisson, City Planner - Sri I Herb Smith, Fire Chief - 7 Denny Davis, Police John Cook, City Attorney - _t0 Eddie Trent, Environmental Health JW -@( John Hayford, OUA Representative - '�174/n 7 e -1r/ A1.11 • C MEMO To: City Council Members and Administrator Whitehall From: Betty Clement, General Services Coordinator Date: April 4, 2008 Subject: Property Taxes Verification - Park Street Business Center verified that the property taxes for the Grisgby property, parcel identification number being 2-15-37-35-OA00-00011-0000, 2-15-37-35-OA00-00009-0000, and 2-15-37-35-OA00- 00010-0000 have been paid. Please feel free to contact me should you need any additional information. Thank you. 0 • CITY OF OKEEC•BEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 To: Council Members and Administrator Whitehall From: Betty J. Clement, General Services Coordinator Date: April 23, 2008 Subject: Park Street Business Center Preliminary Plat Review I have requested that the Technical Review Committee review the proposed Preliminary Plat for Park Street Business Center and list any comments or concerns that they may have for your review. Staff Comments: Brian Whitehall, Administrator No additional comments LaRue Planning & Management No additional comments Oscar Bermudez, City Engineer No additional comments Donnie Robertson, Public Works Director No additional com Ray Schaub, Building Official No additional comments Herb Smith, Fire Chief No additional comments Denny Davis, Police Chief No additional comments John Cook, City Attorney Not in attendance Eddie Trent, Environmental Health No additional comments John Hayford, OUA Representative Need language clarification of the General Notes, paragraph D Minutes from TRC meeting January 23, 2008 C. Park Street Business Center 08-004-TRC. The application for Pre -application Plat Review was submitted by William Orazi, Rudd Jones, P.E. on behalf of property owner William Grigsby, Jr. for development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase for property located adjacent to SR70 between Northeast 12th and 13th Avenues — Senior Planning Consultant. Mr. Brisson presented the LaRue Planning Staff report with the following comments: The subject property is within the Commercial Land Future Land Use category and is within the Heavy Commercial (CHV) Zoning District, both appropriate for a commercial division. Although Chapter 6 permits a cul-de-sac up to twelve hundred feet, Staff questions the appropriateness of a roadway, serving commercial businesses, accessing the property from SR70 via only a 50-foot right-of-way and a 20-foot paved road which is 1,000 feet long ending in a cul-de-sac. Further, one would also expect a sidewalk along such a roadway. All other aspects of the Preliminary Plat submittal seem to meet the requirements. Bill Orazi, Rudd Jones & Associates, representing the applicant reported the South Florida Water Management District permits have been applied for. Should have within the next two months. Okay with putting a sidewalk on the side, the right -a -way issue, this is a local street, not looking for anything to go through here other than the commercial 6 lot center. We feel 20 feet, with two foot curb on either side, which gives 24 feet in case of emergency, to work with of hard surface, is sufficient. 900 feet with a cul-de-sac is sufficient and is a safe operation. Feel confident this is a working site plan estimate. Engineer Bermudez said the City has right-of-ways that are 40 feet and they are too tight. At this time, it would not benefit the City to approve the right-of-way of only 50 foot. In the future the City will have to extend the road and the City should have the domain of that right-of-way all the way to the end. Do not see why we would put a cul-de-sac, and allow the developer to own the property at the end when there is property to be developed adjacent to this property and could possibly be land locked. The City should have _ the entire right-of-way from SR70 to the end of the property. So as the City Engineer, I believe we need a minimum 70 foot right-of-way all the way from SR70 to the limits of the property. Mr. Whitehall stated that access easement is fine, but the extension of the right-of-way is a more appropriate planning approach. I concur with Mr. Bermudez. Mr. Orazi reiterated, it is a 50 foot right-of-way, we are also providing 10 foot utility easements, this would give the City a total of 70 feet overall. I Understand it is not right-of-way perse, but it would give the City a window. This property is somewhat restrictive, width wise. Mr. Tucker addressed the committee, stating, if he gave the City a 70 foot right-of-way and did a curb and gutter section, including the utility area, would it be possible to have an agreement with the City to provide some kind of leniency in the setbacks for the future development of these lots, because they are so narrow? I want to keep as much developable property as possible. Mr. Whitehall asked what the setback were for building on the lots? Mr. Brisson replied, "building setbacks has to be twenty feet". Mr. Bermudez asked whether the setback was to the building or the parking? Most of those properties do not have the parking adjacent to the right-of-way. Mr. Tucker answered, "that's correct". You are only going to have a buffer of 10 foot before you start working with the parking. Mr. Tucker agreed. Mr. Tucker stated the only lot that concerns him was lot one, which is on SR70, the very front, because it is a very narrow lot. Once past the first lot, the lots get wider. If the City would allow that segment of a couple hundred feet of road to be treated one way and the rest of the road to be treated another, I could save that little bit of land mass, because that really concerns me. If we can do that, I do not a have a problem giving the City the right-of-way. Mr. Brisson reported, most people put the parking in the front yard, only because of the 20 foot setback In reality what the City would be doing, assuming you ended up with the wider road, is, require a 10 foot landscape strip, assuming you put in the parking first. Unless, with that first lot you were looking at putting the parking in the rear and using the sidewalk and 10 foot landscape as the setback, this would be different from the regulations, but may not necessarily be a bad thing. The only other issue, stated Mr. Tucker, is that we would have to go back to Riverside Bank to obtain 10 feet more on the side of that one little segment of out parcel. That whole road section would have to shift 20 feet into that narrow lot, without Riverside's participation. If on lot one, you consider the east side as the side and not the front, as far as the setbacks are concerned, and call the frontage along SR70, that may resolve the setback issue. The code says, reported Mr. Brisson, you can have 75 per cent of the setback on the side street, and 100 per cent on the front. Normally we look as the front as being where you get the access, but we have nothing in the code that says that. He does not see a problem with this. Mr. Whitehall stated, any modification made for setbacks should be noted on the final plat, so there is no ambiguity when we get ready to do the building permitting. Mr. Tucker asked whether the cul-de-sac would disappear? Would there just be a straight right-of-way that would continue to the end of the property or build the cul-de-sac now and tear it out for future development? Mr. Whitehall, replied, cul-de-sac now and tear out later for future development. Mr. Tucker said, if the cul- de-sac area falls outside the right-of-way for the temporary use until it is extended, there could be some type of developers agreement, or easement language of agreement until such time the road is extended. Mr. Whitehall agreed. Mr. Tucker said he would work with the City on that issue. Mr. Bermudez replied, that if we have the cul-de-sac, whoever is going to buy the lots at the end will lose some property. But if the road extends to the property line, there would be no question. Mr. Tucker, interjected, we will just grant the City the right-of-way, that way there will be no easement. We'll just go ahead and give it to the City. If some time in the future the City wants to abandon the right -or -way, the owner(s) of lots 5 and 6 can apply for abandonment of right-of-way. Chief Smith made a motion to approve Pre -Application Plat Review for a development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase with the following contingencies: 1. Applicant will dedicate to the City 70-foot right-of-way for E 12th Avenue from the south to north property line of the subject property, including the cul-de-sac shown on the site plan. 2. Applicant shall provide a 20-foot paved roadway, including the cul-de-sac, to a point 25 feet north of the cul-de-sac. 3. Applicant shall provide a 5-foot sidewalk along the east side of NE 12th Avenue. 4. Applicant shall show setback lines for all lots on the final plat. 5. City agrees to allow/require only a 15-foot minimum building setback along the east property line of Lot 1. A 10- foot landscape buffer shall still be required along this property line; seconded by Chief Davis. (Motion carried 6-0) 0 IV. New Business Continued. Mr. Bill Brisson presented the LaRue Planning Staff recommendation of approval, assuming the applicant addresses several contingencies. The Committee discussed the project. Mr. Nooruddin told the Committee the offices would be medical offices. The parking required would be 1 per 180 square foot of office space. Also addressed was the on -street parking. Mr. Nooruddin reported he had been to the City Council for the 20% reduction of parking. Secretary Clement was instructed to verify the reduction. The visibility triangle was also addressed along with the easement for the sanitary sewer and the requirements for the second building, when constructed. Chief Davis moved to approve final site plan review for Physical Therapy Center located on Northeast 12th street to be developed in two phases with the following contingencies: 1. The setback of Bldg. #1 is increased to 20 feet along at least one of the two roadway frontages. 2. The landscaped parking islands and interior landscaping requirements for the parking and vehicular use areas, including the 2' landscaped strip between the sidewalk and the buildings, are modified to meet the requirements of Sec. 90-533. 3. The number of trees and shrubs and their placement along the periphery of the property are modified so as to meet the landscaped buffer requirements of Sec. 90-534. 4. A lighting plan is submitted meeting the requirements of Sec. 78-71. 5. The location of the dumpster or trash receptacles is shown and found to be acceptable and capable of providing for sufficient accessibility and maneuverability for a garbage collection vehicle. 6. Finally, it should be noted that the areas shown on the site plan as being devoted to professional offices may not be occupied by medical office uses. Since medical office uses require more parking than professional offices, occupancy by medical uses would increase the number of required parking spaces beyond that shown in the site plan and contemplated in this approval. 7. Approval of 20 % reduction in parking approved by the City Council. 8. Easement for Sanitary Sewer. 9. Visibility triangle. 10. Review and approval of additional buildings on the site; seconded by Engineer Bermudez. Motion Carried (6-0). Note: Secretary Clement verified the 20% reduction in parking granted by the City Council at the October 17, 2006 regular meeting. B. Review of Park Street Business Center Preliminary Plat Review submitted by Rudd Jones, P.E. on behalf of property owner William Grigsby, Jr. for development of a 6 lot commercial subdivision with on -site dry detention areas and lakes to be developed in a single phase for property located adjacent to SR70 between Northeast 12th and 13th Avenues — Administrator. Administrator Whitehall asked the Committee Members if there were additional comments or concerns? Mr. Hayford stated he had issues with the General Notes, paragraph D. Needs clarification from the applicant. The Committee finds this preliminary plat review meets the general purposes and objectives of pre -application plat review as stated in Sec. 86-42 of the City Code Book. This will be forwarded to the City Council for the May 6, 2008 regular meeting to be presented by the Administrator. V. Adjournment — Chairperson. 2 1375 Jackson Street, Suite 206 Fort MygjhHorida 33901-2845 Phone: 2W34-3366 Fax: 239-334-6384 0:10 ■m�7.1� PreApplication Plat Review Prepared for: City of Okeechobee Applicant: Park Street Business Center/William Grigsby, Jr. Petition #: 08-004-TRC Staff Report Pre -Application Plat Review General Information Appii. .'s Name. William Grigsby, Jr. for Park Street Business Center Petition No.: 08-00 -TRC Applicant/Owner William Grigsby, Jr. 518Bear Road Lake Placid, FL 33852 Applicant/Owner Phone No. 863-763-4010 Contact Person William Orazi, Rudd Jones, P.E. Contact Address: 1905 S. 25 St., Ste 200 Fort Pierce, FL 34947 Contact Phone No. 772-461-6997 Contact Fax No. 772-461-0442 PARCEL 1 THE WEST HALF (W Y2) OF THE EAST HALF (E 'AZ) OF THE SOUTHWEST QUARTER (SW 'A) OF THE SOUTHEAST QUARTER (SE %) LYING NORTH OF STATE ROAD NO. 70 (FORT PIERCE ROAD), IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF (E %) OF THE SOUTHWEST QUARTER (SW 14) OF THE SOUTHEAST QUARTER (SE 'Aa) OF SAID SECTION 15, RUN NORTH 594 FEET, EAST 186.3 FEET, SOUTH 594 FEET; WEST 186.3 FEET TO THE POINT OF BEGINNING. ALSO: LESS THE NORTH 50 FEET WHICH IS RESERVED FOR ROAD PURPOSES, ALSO LESS: A STRIP OF LAND 7 FEET WIDE SITUATE ADJACENT TO AND NORTHERLY OF THE EXISTING 66 FOOT RIGHT —OF --WAY OF STATE ROAD 70, LYING WITHIN THE WEST 'X OF THE EAST OF THE SW % OF SE 34, SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS THE WEST 186.3 FEET THEREOF, CONTAINING 0.02 OF AN ACRE, MORE OR LESS. PARCEL 2 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHWEST ONE —QUARTER OF THE SOUTHEAST ONE —QUARTER OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH 00'18' 26" EAST ALONG THE EASTERLY LINE THEREOF, 668.71 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'18' 26" EAST, 276.28 FEET TO THE NORTHEAST CORNER OF PRICE ADDITION TO OKEECHOBEE CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17; THENCE RUN SOUTH 89.50' 34" WEST, ALONG THE NORTHERLY LINE THEREOF, 336.76 FEET TO THE NORTHWEST CORNER OF SAID PRICE ADDITION; THENCE RUN NORTH 00`17' 46' WEST, ALONG THE WEST LINE OF THE EAST ONE—HALF OF THE EAST ONE—HALF OF THE SOUTHWEST ONE —QUARTER OF THE SOUTHEAST ONE —QUARTER OF SAID SECTION 15, A DISTANCE OF 273.38 FEET; THENCE RUN NORTH 89'20' 47" EAST AND PARALLEL WITH THE NORTHERLY LINE OF PREVIOUSLY MENTIONED SOUTHWEST ONE —QUARTER OF THE SOUTHEAST ONE —QUARTER, A DISTANCE OF 336.71 FEET TO THE POINT OF BEGINNING. PARCEL 3 ALL THAT PART OF THE NORTH 668.71 FEET OF THE E 'A OF THE E % OF SW % OF SE 'I OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, LESS AND EXCEPT THE NORTH 50 FEET THEREOF. CONTAINING 13.94 ACRES, MORE OR LESS 2 Staff Report Pre -Application Plat Review Appli s Name: William Grigsby, Jr. for Park SIMt Business Center Petition No.: 08-004-TRC This is a pre -application plat review for the above described property. The applicant would like to divide the property into six commercial lots. ,Findings: The materials submitted provide the general information describing the existing conditions of the site itself as required by Sec. 86-71 with the following exceptions: 1. While we understand that the Applicant may have provided some informal information pertaining to the poor quality of the wetlands, and that the state regulatory agency may have approved their being filled in, nothing specific was included with the application. 2. There is no description of the site in relation to available community facilities that serve or influence it, or description of the property in relation to surrounding uses, transportation routes, other commercial uses or places of employment, or residential concentrations, that are intended to provide linkage between the proposed subdivision and the balance of the surrounding community. Since the Applicant submitted material that appear to be intended to meet the requirements of Sec. 86-72, Staff has reviewed the submission with regard to those requirements as well. This review follows. The general information about the proposed development intended to support the drawings required under Section 86-72 has been provided. 3 Staff Report Pre -Application Plat Review AppliaL s Name: William Grigsby, Jr. for Park Street Business Center Petition No.: 06-004-TRC Engineer should pcinfrir� :s Yes (11),,Gr6und elevations on the tract, based on USCGS datum level at 'Requires verification nrith minimum contour intervals% and sufficient dataIo show -disposition of engineer: surface`'drainage (City, daturn, based on USCGS datum acceptable),. Engineer should confirm: (16) Sites, if any, to be dedicated or reserved for public use. Only NE 12"' Avenue, shown as 20-foot pave- ment with 50' R-O-W. ,U 4 Staff Report Pre -Application Plat Review Appli 's Name: William Grigsby, Jr. for Park SIMt Business Center Petition No.: 08-004-TRC (17) ;Preliminary specifications for required improvements such as, _ . Appear to be.shown; streets; curb and gutter,:water, sanitary wastewater, storm drainage; Engineer_$hduld confirm.. etc. (19) Draft of protective covenants, whereby the developer proposes to City Attorney, to review. regulate land use in,1he subdivision and'otherwise protect theproposed development. (20) Statements in accord with section 86-71(1). _ See above. (21) Draftof proposed developer's agreement. Not provided. Requirements for Heavy Commercial (CHV) District Except where further restricted by these regulations for a particular use, minimum requirements'' for the CHV districts shall. be as follows: RM (a) All uses: The measurements for the smallest proposed. lot for this subdivision are used. below. Width: 50 feet Requirement met. 125' feet The Subject property is within the Commercial Land Future Land Use category and is within the CHV Heavy Commercial Zoning District, both appropriate for a commercial subdivision. Although Chapter 6 permits a cul-de-sac up to twelve hundred feet, Staff questions the appropriateness of a roadway, serving commercial businesses, accessing the property from SR 70 via only a 50-foot right-of-way and a 20-foot paved road which is 1,000 feet long ending in a cul-de-sac. Further, one would also expect a sidewalk along such a roadway. All other aspects of the Preliminary Plat submittal seem to meet the requirements. 5 Staff Report Pre -Application Plat Review Submitted by: James G. LaRue, AICP Planning Consultant January 15, 2008 TRC Hearing date: January 23, 2008 Attachment: Aerial of subject property Applim Name. William Grigsby, Jr. for Park Street Business Center Petition No.: 08-004-TRC E Staff Report Pre -Application Plat Review AppHqfts Name: William Grigsby, Jr. for Park SIM Business Center Petition No.: 08-004-TRC Property Appraiser's aerial: • DMIBIT 5 MAY 6, 2W8 City of Okeechobee Public Works Department May, 2008 Purchase of two (2) Dump Trucks �Bar tow'Ford Make Model Price Atlantic Make Truck Center Model Price Dump Truck F650 $55,058.00 Dump Truck F650 $55 347.00 DATE: 6-May-08 TO: Mayor & City Council FR: City Administrator & Dir of Public Works RE: Dump truck bids This budget year the City budgeted $150,000 for equipment replacements from the 'Gas Tax' Fund At the last City Council meeting we purchased a tractor from those monies and now are recommending the purchase of two (2) dump trucks from Bartow Ford at the above price. Attached you will find the detail of the trucks along with the appropriate research on the State bidding process. Currently the City has 4 trucks, one purchased in '96 and the other three (3) (2 Fords and 1 Chevy) are more than 25 yrs old. We plan to dispose of two of the older trucks through auction, probably w/ the next County auction. • 4 INTEGRITY -TRUST -HONESTY Since 1948 City of Okeechobee City Hall 55 SE 3'd Avenue Okeechobee, Florida 34974 I � B�I�ue: val - - • March 14, 2008 Attn: Donnie Robertson We appreciate the opportunity to submit a quotation on the following: One or more 2009 Ford F650 Dump GVW 26,000lbs Front tow hook 8,5001b rear axle with 8,5001b springs 17,5001b rear axle with 4.88 ratio 20,0001b rear springs Hydralic brakes Engine -Cummins diesel 260 hp Transmission -Allison 2500 series on -off Back up alarm Dual HD batteries with jump start stud Single fuel tank 50 gallon Air conditioner with AM -FM stereo radio Stainless west coast mirrors w/aux convex Tires -I I 22.5 H front & rear Dump body -10'- 6 yard with 8 yard ends 24" cab protector Semi automatic tarp system Body painted black & truck white Options: Hot shift PTO for auto: Each Cost $55,058.00 $650.00 Sincerely B ow Ford Company John h6t Fleet Sales Business Preferred Network SALES SERVICE FINANCE P.O. Box 1700.2800 US 98 North • Bartow, Florida 33830 • Telephone (863) 533-0425 - Toll Free (800) 533-0425 Apr 08 2008 3:49PM �LASERJET FAX • p.2 ATLANTIC TRUCK CENTER 585 WEST STATE RD. 84 FT.LA11DERDALE FL 33312 9" 687 8220 1-500 226 0228 FAX 954 797 9720 ORLANDO OFFICE PHONE 407 862 T408 FAX 407 862 380 TOLL FREE 1-888 M-7626 FLORIDA SHERIFFS ASSOCIATION BREAKDOWN ADDRESS PHONE CITiI ATT• PorJep BASE MODEL_ !— 4� ? PRICE S OPTION 9 �d"� .= PRICE S il�y. CY5 - OPTION # AP ;b M�ic.L� PRICE _ . OPTION it AM1--ems „4fZ l PRICEcan OPTION #,D! 14oW1f' PRE i /T-oo OPTION # 1<U� ��/�'I PRICES 467 •� OPTION # "06r-a�•S PRICE s A)lc-_ OPTION # PRICE i OPTION # OPTION P PRICE $ PRICE $ OPTION # PRICE $ OPTION # PRICE S OPTION # PRICE $ OPTION # PRICE $ OPTION # PRICE S OPTION # PRICE S OPTION # PRICE $ OPTION A PRICE $ OPTION 4 PRICE S TOTAL PRICE 00 FLORIDA M. W COUNTIES All About Florida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION 259500 LB. GVWR CAB & CHASSIS (DUAL REAR WHEEL) - 4X2 SPECIFICATION #45 2008 Ford F-650 (F65) The Ford F-650 (F65) purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $41,643.00 $39,756.00 $39,756.00 $39,756.00 This vehicle has been rolled over and must be purchased through the 06-14-0821 bid. While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Please refer to the "Overview of Awarded Specifications" for vehicles which were low bid. All vehicles indicated with the are low bid for Bid 07-15-0827 - those indicated with * are low bid for Bid 06-14-0821 and 06-14-0821A. Bid Award Announcement (07-15-0827) 1295 VEHICLE: DEALER: ZONE: BASE PRICE • F-650 (F65) Orville Beckford Ford -Mercury Western $41,643.00 0 F-650(1765) F-650(F65) F-650(F65) Atlantic Truck Center Atlantic Truck Center Atlantic Truck Center Northern Central $39,756.00 $39,756.00 DJW 1 Jack and wheel wrench JACK/WREN 2 DUB 1 Knapheide 6132 utility body or approved equivalent (requires 84" CA) K6132 2 KNAPHEIDE 6132D54JOR READING 132 1 132-3 YD 1 Heil 2-3 yd. dump bodywith manual tarp or approved equivalent (requires 84" CA) 2-3 2 HEIL 2-3 YD OR GODWIN D16FT 1 16 ft. dry freight van 16 VAN 2—; D10 FT 5 1 l0 ft. 5 yd. dump with, nual tarp (requires 84" CA) D12FT FS 1 12 ft. flat stake body (requires 84" CA) 12-STK 2 D12FT CD 1 12 ft. contractors dump with manual tarp (requires 84" CA) 12-CD 2 D14FT FS 1 14 ft. flat stake body (requires 108" CA) 14 STK 2 D14FT CD 1 14 ft. contractors dump with manual tarp (requires 108" CA) 14CD2 D16FT FS 1 16 ft. flat stake body (requires 120" CA) 16STK 2 D16FT CD 1 16 ft. contractors dump with manual tarp (requires 120" CA) 16CD2 D 19TF RW 1 19 ft. rollback wrecker with wheel lift (requires 120" CA) 19-RB 2 D20FT SB 1 20 ft. flat stake body (requires 156" CA) 20 STK 2 D20TF VB 1 20 ft. van roll up door (requires 156" CA) 20 VAN 2 D24FT VR 1 24 ft. van roll up door (requires 186" CA) 24 VAN 2 D24FT FS 1 24 ft. flat stake body (requires 186" CA) 24 STK 2 D24FT VR 1 24 ft. van roll up door (requires 186" CA) 24-VAN 2 DMS 1 Optional body (specify) 2000 WATER 2 MAINTARINER SIGNATURE I 1 2000 GAL. WATER TANKER REQUIRES 33000 GVW PKC 2 DSH 1 Optional body (sped ) 18 TD 2 STELLAR 20K HOOLIFT I 18' TRASH DUMP WITH 4' SIDES BARN DOORS REQUIRES 33000 GVW PCK 2 Southern $39,756.00 $179.001 $375.002 $7,590.00' $9,800.002 $7,980.00' $9,900.002 $7,590.001 $9,600.002 $13,795.001 $12,900.002 $4,795.00' $ 0067$ 00 $7,590.00' $12,800.002 $4,895.00' $7,800.002 $8,995.00' $14,600.002 $5,490.001 $7,600.002 $9,250.00' $13,980.002 $22,954.00' $26,900.002 $6,290.001 $9,500.002 $7,990.001 $10,900.002 $8,490.00' $12,900.002 $8,975.00' $10,900.002 $9,275.00' $12,900.002 $56,975.00' $45,989.002 $28,975.001 $23,895.002 Bid Award Announcement Rollover (06-14-0821 & 06-14-0821A) 451 (FRX)863 763 1666 EXHIBIT 6 APR-15-2006(TUE) 13:10 City of Okeechobee s I • ' MAY 6, 2008 of -Okeechobee 34974*esa-raaarrz Compete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. Fhe appficatim is then forwarded to the City Council. You will be notified of the meeting date. Please note this application MH cover both a City street and sidewalk There is a separate application should you request the 10ewalk only. w+r•ur.O%r%wr%V CCT Amu. ain=AIAI Le r`i n_Qi tr•`. Name of Applicant `ea.r- I k+ . �� Today's Date Qg Address �.��' r":ss Lei kid F Phono(s)'fj -y(� Name of Properly Owner [j) it lYl FA-'33 Address %Dl it,1. aeek ed Phone(s) qN _5ao,4L, Street to be Closed Dates to be Closed ` �J.tv� Eck. IL,-k- F uru JLVIC 5'k,,,,coV 02 M Time(s) to be Closed t, .... �nc�,. ClrlCer } Pti�(ii' 4Z?f 0 K2i.CV1Gt'3�'�'i E Purpose of Closing ; Original Signatures of all residents, property owners and business owners affected by street dosing stating whether they approve or object This can be done on one lisL'Make sure It it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (mWmum $J,000,000.00, required of all appiicat'mns) Attachments It any items are being sold on City street -or 6ldewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services_ State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) wrClean-up is required within 24 hours. s No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. LwNo.donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. LwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. - o Dumpsters and port -a -lets are required when closing the street for more than 3 hours. a'd SLSL-STE-bS6 Wiyoeaa eSt,=BO 80 91 Jd13 'PUBLIC WORKS DEPARTMENT ie- _7--v�J"�_ Donnie Robertson, Public Works Director Authorized. Signature Date Typed Name & Title. POLICE DEPARTMENT 2 � Denny Davis. Chief of Police orized Signature Date Typed Name & Title ADMINISTRATION Authorij$b Signature Occupational and/or State License Verified: Brian Whitehall, City Administrator Date 1 yped Name & Title CLERK'S!/ OFFICE �. Em��� Lane Gamiotea, City Clerk 4AuorizUed Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05103 ct0-.s r� Sw (0-M AA(E- r�JB�© sw 5wk Aw- 0���1 Ul o D 1 J rn vj tb CJ1 4' N o N LA � � F U SVi ,Z+d Arc -lj 1 M co Cn ko 4 rn w � N O N Sow . sw 0 - So pis-® i� � Q N 8 Parmg Aire nw�- 40p,-m I sw 5wk Aw- 0���1 Ul o D 1 J rn vj tb CJ1 4' N o N LA � � F U SVi ,Z+d Arc -lj 1 M co Cn ko 4 rn w � N O N Sow . sw 0 - So pis-® i� � Q N 8 Parmg Aire nw�- 40p,-m I Ul o D 1 J rn vj tb CJ1 4' N o N LA � � F U SVi ,Z+d Arc -lj 1 M co Cn ko 4 rn w � N O N Sow . sw 0 - So pis-® i� � Q N 8 Parmg Aire nw�- 40p,-m I i� � Q N 8 Parmg Aire nw�- 40p,-m I � Q N 8 Parmg Aire nw�- 40p,-m I Parmg Aire nw�- 40p,-m I MAY 6T" AGENDA - EXHIBIT NO. _ MEMORANDUM To: Mayor Kirk, Council Members Watford, Markham, L. Williams and C. Williams From: Lane Gamiotea, City Clerk(, �' Subject: Citizen Board Appointments/Code Enforcement Date: April 29, 2008 Attached are the applications we have received for the two Code Enforcement Board alternate positions. They are : Randy Huckabee (City resident) Lester McCreary (County resident/City business owner) Osiel Torres (County resident) Ann Marie Wolff (County resident) A motion would be in order for the appointments, with one of them having the term May 6, 2008 to April 30, 2010 and the other as May 6, 2008 to April 30, 2011. Please note that these board members can be either City or County residents. Currently, there are five City and two County residents on the Board. Should you have any questions, or require additional information, please do not hesitate to contact me. 04/22/2008 15:11 s637WI14 FBC OKEECHOJb PAGE 01 * Florida * 34974 APPLICATION FOR CITY BOARD/COMMITTEE APPOINT1UmEf4TS Please print or We all infonwhon. The Infamrabon from this application will be used by the City Councillncons/denngaction onyourappofntment. The application M TBE MPL EDIN ULL. Answer "none'° or "not applicable" wl?ere appropriate. CHUCK BOARDS% OF CHEST TO YOU (A COPY OF LACH BOARDS M MEE77NG DATES Ac TIMES ARE ATTMM".- 0 Planning Board - Board keechobee UtiN Cl of Adjustment &Appeals - re�mment Autho Board of h+ General Employees O Other. Design Review Board gad & OUA Pension Fund DirTrustee's APPLICANTS FULL NAME. NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: MAILING ADDRESS: HOME TELEPHONE: CELL/OTHER TELEPHONE: CURRENT EMPLOYER & OCCUPATION; BUSINESS ADDRESS: WORK TELEPHONE: FAX NUMBER(S): DATE OF BIRTH; ARE YOU A US CITIZEN? FLORIDA REGISTERED VOTER? EDUCATION: POST SECONDARY EDUCATION. MILITARY SERVICE: ,3 S— Years. �L Is this in the City Limits? /91"G es IlNo. explain: Oes County Registered in: High School Name & Location: Year Graduated: NAW A LfN.AT �H ONO DA7E8 ATT END®: Clg177FiCATE/k�EtfAEE RECO: lfit/e - G-ieecc6r,.,v /7714, - 77 bTffer:--7 "r QAT ARE YOU CURRENTLY EMPLOYED AS:m aGanaral Contractor (CALL THAT APPLY) ClEnglneer Riess Person tractor r �ttY Peron OU ben Planner _. .eA, -.A- DATE D�` iA_i7RCl f DArchitect l]Reaffix OSum yor OLandscape Anhitect 1641221'21 0b 1n:11 bbiloin'J04 r Ll� Uf�LLUI �ULI.L LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME a ADMESE TYPE OF @L15 = JMIME [ATM /e�e/da "04yQ�faesjli;� �fge�f- d10D� - r6s�i.7f' HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES 100. IF YES, LIST: STATE YOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHAT QUAUFYYOU FOR THIS APPOINTMENT. r r 30 ��p�y tP IA-c.-e- 1 un 1� v -�L- . J HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? 13YES [�&. IF YES, UST: OFFICE TITLE DATE OF ELECTION TEm HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSALOF THE CHARGES? (Exclude traffic violallons for which a fine or cMI penalty of $150 or less was paid) DYES ,MO. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FLUNG A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? No b4/LY/ZUUb 15:11 tib:1/0114 FBC OKEECHOBEE • • PAGE 03 jHAVE YOU EVER BEEN FOUND IN VIOLATION OF FLOFiIDA STATUTES FOR HAVE OFFICERS AND EMPLOYEES? CHAPTER 112, PART III "CODE OF ETHICS UYEaS eA(gb IF YES. UST. rF1E FOLLOWING i FORMA TION IS ED WITHOUT REGARD TO RACE, COLOR. RFIJGION S DISAHILi'1'Y OR MARITAL 3TATU$. HOWEVER, THE MACE, AND STATE aOV IRE THE CITY PFtOvIoE SY'ATl$TlCS ON E74 NA170NAL ORIGIN, AD BOARDS. INFORMATION WILL EBER OF � Epp FO STATISTICAL p gAND DI AB PERSONS ��AT p APPOINTED TO APPOINTMENT;LY AND HAVE NO SEARING ON YOUR Soo- t"ALE OFEMALE ETHNIC GROUP: 4�AUCASIAN OBLACK QSPANISH HERITAGE O Oa►SIAN OR PACIFIC ISLANDER NATNE AMERICAN •/ALL THAT APPLY_ QOTHER(specify): OWARTIME PERIOD VETERAN QVIETNAM VETERAN oDiSABLID VETERAN HANDICAPPED STATUS:. OYESe&. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR ORCEMENT OFFICER, OTHER EMPLOYEE* OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PFORMER LAW ENFUBLI(FUSE OR 119.07(3)(k)1 ? C RECORDS DISCLOSURE UNDER FLORIDA STATUTE CIYES DESCRISEANY SKILLSAND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE, e a Iilea�e,4- 1, E�itf V p� Oy\ �p w Q w�-c ►1 Lt�rb � le-0 Ice f -sl U e4/22/2ee8 15:11 ribJ10J0Jd4 Lv tJ!\LI V uuu� STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best cf my knowledge. I authorize investigation of all statements contained in this application. t hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: 1 understand thatfalsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. 1 understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge Signature of each of the above statements. (DClty residence is only a requirement for the OUA and Pension Boards. dDThe City Code Boric Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay parsons." 00ther covered lobs Include: correctional and correctional probation officer, firefighters, human resource officers. code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(ic)1, F.S_]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3O AVENUE OKEECHOBEE, FLORIDA 34974 CLERK ONCE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: Citv of Okeechobee 55 Southeast T3 Avenue Okeechobee * Florida 34974 (863) 763-3372 APPLICATION FOR CITY BOARD/COMMITTEE APPOINTMENTS Please print or type all information. The information from this application will be used by the City Council in considehng action on yourappoiniment. The application MUST BE COMPLETED IN FULL. Answer done" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST To YOU (A COPY OF EACH BOARDS DUTIES, MEETING DATES & TIMES ARE ATTACHED): O Planning Hoard — Board Code Q Okeechobee Utility ❑ General Employees ❑ Other. of Adjustment & Appeals -- Enforcement Authority Board of & OUA Pension Fund Design Review Board I Board I Directors I Trustee's APPLICANTS FULL NAME: Lester Ervin McCreary NAME COMMONLY USED: Les McCreary RESIDENCE ADDRESS: 5869 NW 149th Terrace Okeechobee, FL 34972 HOW LONG AT ADDRESS: 4 Years. Is this in the City Limits?, Wes o m MAILING ADDRESS: same HOME TELEPHONE: 863-763-4789 CELVOTHER TELEPHONE: 863-697-3100 CURRENT EMPLOYER & OCCUPATION: CEECO,'`Yelecom mfg. , President BUSINESS ADDRESS: 519 SW Park Street Okeechobee., FL 34972 WORK TELEPHONE: 863-3574798 FAX NUMBER(S): DATE OF BIRTH: 04-25-1963 ARE YOU A US CITIZEN? Yes C]No, explain: FLORIDA REGISTERED VOTER? es County Registered in: Okeechobee C]No EDUCATION: High School Name & Location: Central Dauphin East Year Graduated: 1981 Harrisburg, PA POST SECONDARY EDUCATION: NrE & DATES ATTEND®: CBMF1CATFOMWE REL-D: H.A.C.C: 1980-1982 A.A. Bus. Admin. Barry University 1999-2001 B.S. Bus. Admin MfUTARY SERVICE DATES: ervwork QA.mQnCHmGEm 06/83-03/87 U.S.A.F. 03/87 ARE YOU CURRENTLY EMPLOYED AS-* CiGeneral Contractor 'ness Perm ClArrhftect (BALL THAT APPLY) GFngineer OSub-Contractor ClResltor _' C1Attomey ODoctor OSurveyor 01-ay Person OUrban Planner -- • 01 andscarm AFchitect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME a ADDRESS TYPE M BUSINESS JOB TffLE DATES HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVEONACITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES 40. IF YES, LIST: AGENCY LARD NAME POSn70N DATES STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHAT QUALJFYYOU FOR THIS APPOINTMENT. As a business owner/operator in the city and a former police officer from Palm Beach County, I believe I may possess the interpersonal skills and knowledge to perform this function for the city and citizens. HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? DYES ONO. IF YES, LIST: As a certified police officer in the state several years ago the job'-ncluded, in part, code enforcementmatters and board meeting attendance. ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? OYES 960. IF YES, LIST: OFFICE TITLE DATE OF ELECTION TERM LEVELOF29VERNMENr HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSALOF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) DYES 640. IF YES, DESCRIBE Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? none Wr HAVE YOU EVER BEEN FOUND IN VIOLATION OF FLORIDA STATUTES CHAPTER 11Z PART III "CODE OF ETHICS FOR PUBLIC OFFICERS AND EMPLOYEES? OYES GINO IF YES, LIST: OATS NATURE OF MATION' DISPOSPrK t DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE GOVERNMENTS REQUIRE HEE C� PROVIIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: ETHNIC GROUP: JALL THAT APPLY: HANDICAPPED STATUS: MALE OFEMALE VCAUCASfAN OBLACK OSPANISH HERITAGE ONATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): OWARTIME PERIOD VETERAN ODISABLED VETERAN OVIETNAM VETERAN OYES &INO. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE'S OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? OYES ONO. DESCRIBEANY SKILLS AND BACKGROUND INFORMATION ABOUT YOURSELFTHAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE I believe that my previouslydescribed background, education, and skills would enable me to be an asset for the board I am seeking an opportunity to become more involved with community matters and lend whatever skills I may possess o areas where they may be fruitful Thank you for considering me for this position. STATEMENT OF APPLICANT: . certify that the answers are true and complete to the best of my' knowledge: I authorize investigation of-alt=:statements contained in this application. [-hereby release,all . companies, schools or persons from all liability for any damage for issuing this information. l understand that the City may request a copy of my driver's license. I have the right to request that the City completely ' and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this application. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. I hereby acknowledge that 1 have read and understand each of the above statements. Signature of Applicant -71D (DCtty residence is only a requirement for the OUA and Pension Boards. ®The City Code Hook Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 00ther covered jobs include. correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 310 AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: 0 55 Southeast 3 Avenue Florida * • 174 * APPLICATION FnR CITY Rn,&0n1r-nnnani-r-r== AQOA�w�rwsrw�rc. - - - - — . ..... a "Im.,....F Please print or We all information. The information from this application will be used by the City Council in considering action on your appointment. The application MUST BE COMPLETED IN FULL. Answer none- or "not applicable" where appropriate. CHECK BOARD(S) OF INTEREST TO M (A COPY OF EACH BOARDS DEITIES, MEETING: DATES & TIMES ARE ATTACHED): ❑ Planning Board - Board Of Adjustment & Appeals -• Code Enforcement O Okeechobee Utility Authority Board of ❑ General Employees & OUA Pension Fund ❑ Other. Design Review Board Board Directors Trustee's APPLICANTS FULL NAME: NAME COMMONLY USED: RESIDENCE ADDRESS: N W S I Sr C N V C- O C-- i-r-F _' 'SL4 9 1 Z HOW LONG AT ADDRESS: - Years. Is this in the City Limits? 0Yes ado m MAILING ADDRESS: SAM fl�S 3a HOME TELEPHONE: CELUOTHER TELEPHONE: /� 1 ' ( CURRENT EMPLOYER & OCCUPATION: LVV 114 I4v t C 1 G BUSINESS ADDRESS: 3�L{� �� 3 LS � �• O �ee J WORK TELEPHONE: �,( S� • 0 FAX NUMBER(S): DATE OF BIRTH: 2 t ARE YOU A US CITIZEN? es ONo, explain: FLORIDA REGISTERED VOTER? es County Registered in: (� _ �e ❑No EDUCATION: High School Name & Location: Year Graduated: ZU6Z POST SECONDARY EDUCATION: N; DATES ATTENDED: CERTIF798TUDEGREE REC'D: P-t- GIP. U4, ZtaaC(- Zoolo T3• $, �WSS-iruc -la nl N a MIUTARY SERVICE: DATES: 9RANCH DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS:m (*"ALL THAT APPLY)l3En ss Person OA1#fitect General Contractor CIKub-Zontractor near�=fiA Galt( QAttomey []Doctor Murveyor - 111-ay Person OUrban Planner - OLandscape Architect LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: NAME & ADDRESS TYPE OF BUSINESS JOB TITLE BATES r%c-(LNLFS fl\sks�-W-r 2ao�(— 2c�� Nun � QY' C9vC1� 2�G -ass r HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AG� EN C OR GOVERNMENT? DYES [�NO.1F YES LIST: AGENCY BOARD NAME POSMON DATES STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTS OFYOUR PERSONAL HISTORYTHAT QUALIFYYOU FOR THIS APPOINTMENT. C,,vye Vk�i �,� c— 'Pya�, dj u 14,, C4M'N 4 Q- -u�L 1 I C-tvl � ,C a."A J c-, RC.,a rr l v` (-,,u, cNv d R-ew \ E 5A-,ci -}e L4 C -P-4 S'e, HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATION(S) OR DESIGNATION(S) RELATED TO _THEE SUBJECT MATTER OF THIS APPOINTMENT? ICES ONO. IF YES, LIST: "k7t-e4sz STG p,-C'C'aG��e � CtvA-t�c ARE Y;IZIFF-YES, O OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? ❑YES LIST: OFFICE TITLE DATE OF ELECTION TERM LEVEL OF GOVERNMENT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OR DISMISSAL OF THE CH=0. ?(Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES YES, DESCRIBE. - Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR ION TO WHICH YOU HAVE BEEN OR WILL BE FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH INCLUDING T NOT LIMITED TO H THE STATE? COMPLETING AND /' D HAVE YOU EVER SEEN FOUND.IN VIOLATION OF FLORIDA STATUTES CHAPTER 112, PART Ill "CODE OF ETHICS FOR PUBS LI�C DICERS AND EMPLOYEES? CIYES f$1CiaT IF YES, LIST: OATS MATURE OF VIOLATION• DISPOSITION DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERALION AND STATE GOVERNMENTS REQUIRE THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT: SEX: OMALE CIFEMALE ETHNIC GROUP: EICAUCASIAN UBLACK &<PANISH HERITAGE ❑NATIVE AMERICAN ❑ASIAN OR PACIFIC ISLANDER CIOTHER(speciiy): BALL THAT APPLY: ❑WARTIME PERIOD VETERAN UDISABLED VETERAN OVIETNAM�VETERAN HANDICAPPED STATUS: DYES QN6. IF YES, WHAT IS THE HANDICAP?: ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEE* OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(,k)1 ? OYES DESCRIBEANY SKILLSAND BACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BE HELPFULTO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE Vic "V. V1 cn 4- C=( Ili c� c su L v VN-TE L Cf o. 1� V `- lu COAM u-c IU l �vl CA —A 5C la,r kI S ,� ��- STATEMENT OF APPLICANT: , certify that the answers are true and complete to the best of my' knowledge. l authorize investigation of all statements Icontained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copy of my driver's license. I have the right to request that the City completely and accurately disclose to me the contents of any investigation or reports upon request to the Office of the City Clerk. CERTIFICATION: I understand thatfalsification, omission, misleading statements, or misrepresentation is cause for rejection of this applica ' n. I understand that this application is a Public Record and is subject to the provisions of Flory y`atutes Chapter 119. hereby acknowledge that 1 ad u rs�tand a of the above statements. !M+jn. 4 Signature of ®City residence is only a requirement for the OUA and Pension Boards. @The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: "....membership of the board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons." 00ther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §119.07(3)(k)1, F.S.]. PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3R° AVENUE OKEECHOBEE, FLORIDA 34974 CLERIC OFFICE USE ONLY. BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: 208-04-22 14:17 WC LEDFERD Ili 8637631724 >> venue 863 763 1686 Florida * 34974 APPUCATION FO17- R CITY BOARD/COMMITTEE APPOINTMENTS P 114 Please print or type all information. The information from this application will be used by the City Council in considering action on yourappointment. The application MUST SE COMPLETED IN FULL. Answer "none" or "not applicable" where appropriate. CHECK BOARD(S) OF INTEMST TO YOU (A COPY OF EACH BOARDS DUTIES, MEMISIG DATES & i1MES ARE ATTACHED): 0 Planning Board - Board of Adjustment & Appeals - Design Review Board 10 Code Enforcement Board 0 Okeechobee Utility Authority Board of Directors O General Employees & OUA Pension Fund Trustee's O Other: APPLICANTS FULL NAME: NW MMUE W OLF F NAME COMMONLY USED: RESIDENCE ADDRESS: HOW LONG AT ADDRESS: ' YOM.rnonftz Is this in the City Limits? OYesAONo 07 MAILING ADDRESS: HOME TELEPHONE: U 5 ^ DLD5 .5g r O CELL/OTHER TELEPHONE_ $(% 11)3f'Q CURRENT EMPLOYER & OCCUPATION: W Q- LR-dQerd Inc BUSINESS ADDRESS: 222. WORKTEL.EPHONE: _ 33� 16 13-ate FAX NUMBER(S): Iq U a - - nc- _ I-) DATE OF BIRTH: In 130I tc 7 ARE YOU A US CITIZEN? *ea ONo, explain: FLORIDA REGISTERED VOTER? OYes County Registered In: IdNo EDUCATION: High School Name & Location: &Xtt Year Graduated; i a ct1 POST SECONDARY EDUCATION: NAME a LOCATION: DATESATrENDED_ CePnIFICATMEGREEREC•D: MILITARY SERVICE: DATES; BRA CK DATE DISCHARGED: ARE YOU CURRENTLY EMPLOYED AS:* (✓ALL THAT APPLY) 00aneral Contractor 11118usir=3 Parson LIArchitect OEngineer OSub-Contractor ORealtor OAttomey ODoctor OSurveyor ULay Person Durban Planner 01.0ndacane Archltact 2008-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 214 LIST ALL OF YOUR EMPLOYMENT, EXCEPT YOUR CURRENT EMPLOYER, DURING THE LAST 5 YEARS: AMEA I ACE TYPE OF BUSINESS JOBTne DATES james 16"t -&nk ,9r.Clwvistm 5p�cc 1019W2 -� gla°to %A fL �W Lum l'llm ucl+ - ' I }fie-f; s �o►t bk ��q q - 10 �aaoa lndl0.n*Wn, FL - HAVE YOU EVER BEEN APPOINTED OR DO YOU CURRENTLY SERVE ON A CITIZEN OR COMMUNITY BOARD FOR ANY OTHER AGENCY OR GOVERNMENT? OYES WO. IF YES, LIST: AGENCY BOARD NAME Pc t ON DATES STATEYOUR EXPERIENCES AND INTERESTS OR ELEMENTSOFYOUR PERSONAL HISTORYTHAT UALIFYY.OU FOR THIS APPOINTMENT. m kq- �r ha5 bctn On 60tr a.l bgAr�1'� w 60M of vhc cn�e+I s W'*b hen M6 nd If1-}ri 9U I n9 - HAVE YOU RECEIVED ANY DEGREE(S), PROFESSIONAL CERTIFICATIONS) OR DESIGNATION(G) RELATED TO THE SUBJECT MATTER OF THIS APPOINTMENT? OYES L(NO. IF YES, LIST: ARE YOU NOW OR HAVE YOU EVER BEEN ELECTED OR APPOINTED TO ANY PUBLIC OFFICE? BYES ek. IF YES, LIST: OFFICE TITLE DATE OF ELEGnON TERM LEVEL OF DOVERNMCNT HAVE YOU EVER BEEN CONVICTED OF A CRIME, PLEAD GUILTY OR NO CONTEST TO A CRIMINAL CHARGE, OR ENTERED INTO AN AGREEMENT SETTING FORTH THETERMS LEADING TO THE REDUCTION OF' DISMISSAL OF THE CHARGES? (Exclude traffic violations for which a fine or civil penalty of $150 or less was paid) OYES 340. IF YES, DESCRIBE: Where convicted: Date of conviction: DO YOU KNOW OF ANY REASON WHY YOU WILL NOT ABE ABLE TO ATTEND FULLY TO THE DUTIES OF THE OFFICE OR POSITION TO WHICH YOU HAVE BEEN OR WILL BE APPOINTED, INCLUDING BUT NOT LIMITED TO COMPLETING AND FILING A FINANCIAL DISCLOSURE FORM ANNUALLY WITH THE STATE? ._ 21008-04-22 14:17 WC LEDFERD IP* 8637631724 >> 863 763 168 P 3/4 FORPUBLt,(C EVEA SEEN FOUND IN VIOLATION OF FLORIDA BTATUTES CHAPTER 112, PART III "CODE OF EfNicB OFFICERS AND EMPLOYEES? IF YES, LIST: SAT = NATURE OF MLA -now asFOSITfOf� THE FOLLOW G INFORMATION I5 USED WITHOUT REGARD TO RACE, COLOR, RELIGION. SEX, NATIONAL ORIGIN, AGE, DISABILITY OR MARITAL STATUS. HOWEVER, THE FEDERAL AND STATE C30VMNMP-NTS REQUIM THE CITY PROVIDE STATISTICS ON THE NUMBER OF WOMEN, MINORITIES, VETERANS AND DISABLED PERSONS THAT ARE APPOINTED TO BOARDS. INFORMATION WILL BE USED FOR STATISTICAL PURPOSES ONLY AND HAVE NO BEARING ON YOUR APPOINTMENT. SEX: QMALE VrEMALE ETHNIC GROUP: 86AUCASIAN OBLACK OSPANISH HERITAGE 13NATIVE AMERICAN OASIAN OR PACIFIC ISLANDER OOTHER(specify): /ALL THAT APPLY: OWARTIME PERIOD VETERAN ODISABLED VETERAN OVIETNAM VETERAN HANDICAPPED STATUS: C)YES GKO. IF YES. WHAT IS THE HANDICAP?; ARE YOU A CURRENT OR FORMER LAW ENFORCEMENT OFFICER, OTHER EMPLOYEEd OR THE SPOUSE OR CHILD OF ONE, WHO IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE UNDER FLORIDA STATUTE CHAPTER 119.07(3)(k)1 ? RYES 9�0. DESCRIBEANY SKILLS AND 13ACKGROUND INFORMATION ABOUT YOURSELF THAT WOULD BEHELPFUL TO THE BOARD YOU WISH TO SERVE ON. IF MORE SPACE IS NEEDED, PLEASE ATTACH AN ADDITIONAL PAGE. 4lteohD I U.rut I�1 o�vn A. fie.. ai � re 1n ho r� r l 1�1 6 b Qr the i # -Vvu) 4o , -4x rY r 5 I ►ini IL be �Y -favv&JAwLLaml--A nn"v bti 2008-04-22 14:17 WC LEDFERD INC 8637631724 >> 863 763 1686 P 4/4 STATEMENT OF APPLICANT: I certify that the answers are true and complete to the best of my' knowledge. I authorize investigation of all statements contained in this application. I hereby release all companies, schools or persons from all liability for any damage for issuing this information. I understand that the City may request a copme a cmy ontents of iany nvestigation ore. I have the ht to request that the City reports eports upon request to he Office of ly and accurately disclose to the City Clerk. CERTIFICATION: I understand that falsification, omission, misleading statements, or misrepresentation is cause for rejection of this appllcation. I understand that this application is a Public Record and is subject to the provisions of Florida Statutes Chapter 119. 1 hereby acknowledge that I have read nd unders d each of the above statements. fy Signature of Applican Date: `I 22/ �"0 . coCity residence is only a requirement for the OUA and Pension Boards. $The City Code Book Sec. 70-151, 70-171, 70-19170-211 read: ,....membership of the board, or, her epossible, i lle, shall business of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general person, and lay persons " 00ther covered jobs include: correctional and correctional probation officer, firefighters, human resource officers, code enforcement officers, certain judges, assistant state attorneys, state attorneys, assistance and statewide prosecutors, personnel of the department of revenue or local governments whose responsibilities include revenue collection and enforcement of child support enforcement and certain investigators in the department of children and families [see §118.07(3)(k)1, F.S.). PLEASE RETURN COMPLETED APPLICATION TO: CITY OF OKEECHOBEE OFFICE OF THE CITY CLERK 55 SE 3Ro AVENUE OKEECHOBEE, FLORIDA 34974 CLERK OFFICE USE ONLY: BOARD APPOINTED TO CITY COUNCIL MEETING: INITIAL TERM: LETTER SENT: REAPPOINTMENT(S): RESIGNED: CERTIFICATE AWARDED: • LXHIBIT 8 MAY 6, 2008 June 2008 S M T W T F S 2 3 4 5 6 7 City Last day of Council School Mtg 6 8 9 10 11 12 13 14 CEB Mtg 7 PM 15 16 17 18 19 20 21 Recom'd PB/BOA/ q Canceling DRB Mtg this Reg 6 PM CC 22 23 24 25 26 27 28 TRC Mtg 10 am 29 30 1 2 3 4 5 Lane after ding the Annu I Clerk's Conf rence June 29 - July 3. 6 7 8 9 10 -May duiy S M T W T F S 1 2 3 4 5 6 7 6 910 118192021222324 25 26 27 28 29 30 31 S M T W T F S 1 2 3 4 5 6 7 6 9101112 13141516171819 20212223242526 27 28 29 30 31 STAFF RECOMMENDS CANCELLING THE JUNE 17 MEETING DUE TO SEVERAL VACATIONS. ANk 27 28 29 30 Mini 31 eason 1 2 3 4 5 6 7 June August S M T W T F S 1 2 3 4 5 6 7 6 61718192024 15161718192021 22232425262728 2930 SMTWTFS 1 2 3 4 5 6 7 8 9 10111213141516 1718192021 2223 24 25 26 27 28 29 30 31 STAff RECOMMENDS CANCELLING THE JULY f5 MEETING DUE TO SEVERAL VACATIONS • EXHIBIT 9 MAY 6, 2008 2007- 2009 Agreement between the City of Okeechobee, Florida and Local #2918 International Association of Firefighters ARTICLE 1 PREAMBLE Section 1- It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any dispute involving the interpretation or application of this Agreement, and to set forth herein basic and full conditions of employment. There shall be no individual or separate agreement(s) containing provisions contrary to the terms provided herein. Section 2- For the purpose of this Agreement, the singular shall be deemed to include the plural, the masculine gender shall be deemed to include feminine gender, whenever the context requires. Section 3- The term "City" shall mean the City of Okeechobee. Florida. The term "Department" shall mean the City of Okeechobee Fire Department and the term "Chief' shall mean the Chief of the City of Okeechobee Fire Department. ARTICLE 2 RECOGNITION Section 1- The employer recognizes the Union as the sole and exclusive bargaining agent for those employees of the City of Okeechobee Fire Department holding positions included in the bargaining unit as set forth in certification number 639, issued by the Public Employees Relations Commission. ARTICLE 3 UNION ACTIVITY Section 1- The City will not encourage or discourage membership in the Union by discrimination in regard to hiring or other conditions of employment. Section 2- The Union, its members, agents, representatives, or any persons acting on behalf of the Union are prohibited from soliciting any bargaining unit employee during working hours of such employee. This section shall not be construed to prohibit the distribution of literature during the employees' lunch hours or in places not specifically devoted to the performance of the employees' official duties. ARTICLE 4 BULLETIN BOARD Section 1- The City shall provide six (6) square feet of wall space at the station staffed with full- time employees to accommodate a Union bulletin board, white board or other appropriate fixture for the purpose of displaying Union notices. Such fixture shall be provided at the sole expense of the Union. May6, 2008 ARTICLE 5 DUES DEDUCTION Section 1- The City agrees to deduct Union dues from the pay of bargaining unit members who individually request in writing that such deductions be made, in an amount certified to be current by the secretary/treasure of the Union. Probationary employees shall not be subject to union dues deductions. The total amount of deductions shall be remitted monthly by the City to the secretary/treasurer of the Union. A properly executed copy of such authorization for dues deductions shall be delivered to the City before payroll deductions are made (Exhibit "A"). Such authorization is revocable at will upon thirty (30) calendar days written to the City (Exhibit "A"). Section 2- The Union shall indemnify, exonerate and save harmless the City from any claims and/or judgments against the City as the result of Union dues deductions. in the event that a claim, action, suit, or proceeding is brought by an employee, person, firm, or corporation against the City, as it relates to payroll deduction of dues, the City shall give written notice thereof to the Union by registered mail addressed to City of Okeechobee Fire Department, C/O the president of the local union. The Union shall defend said claim, action, suit, or proceeding at its own cost and expense without expense to the City, even if such claim, suit, action, or proceeding is false, groundless or fraudulent. Settlement of any such claim by the Union shall be subject to prior review and approval by the City. Section 3- The City shall not collect Union dues in arrears and shall not become involved in any collection of fines, penalties or any special assessments. Written request from the Union to change the amount of dues deductions shall be implemented by the City within thirty (30) calendar days of receipt. ARTICLE 6 COPY OF AGREEMENT Section 1- One copy of this final executed Agreement shall be supplied to each fire station staffed with full time employees and to the Union president. ARTICLE 7 MANAGEMENT RIGHTS Section 1- All inherent and common law management rights, powers, authority, prerogatives and functions which have been expressly modified, restricted or limited by a specific provision of this Agreement including, but not limited to, unilaterally determining standards of service to be offered to the public by its constituent operating areas, exercising control and discretion over its organization and operation, directing its employees, taking disciplinary action for proper cause, contracting and sub -contracting work and relieving its employees from duty because of lack of work or for other legitimate reasons are hereby reserved and vested exclusively in the City. For purposes of this article, the phrase "for proper cause„ shall mean consistent with City policy, procedures and regulations. 2 May 6, 2008 Section 2- The exercise of such rights shall not preclude employees or their representatives from raising grievances in the event that management's action has the practical consequence of violating the terms and conditions set forth outside the Articles of this Agreement. ARTICLE 8 STRIKES AND LOCKOUTS Section 1- Neither the union or any other bargaining unit employee shall participate in a strike against the City by instigating or supporting, in any manner, a strike, slowdown, stoppage or any other interference with the normal operation of the City. Any employee who participates in a strike in violation to this section shall be subject to immediate dismissal in addition to any other penalties provided in Sec. 447.507, Florida Statutes. Section 2- The City shall not participate in an employee lockout. ARTICLE 9 SENIORITY, LAYOFF, & RECALL Section 1- As used herein the term "department seniority" shall be defined as the period of continuous employment with the City of Okeechobee Fire Department; the term "rank seniority" shall be defined as the continuous employment with the City of Okeechobee Fire Department as a Firefighter/EMT, or Firefighter Lieutenant. Section 2- Department seniority shall be accrued from the date of employee's first day of employment through the date of an employee's last day of employment, except as provided herein. Rank seniority shall be accrued the date of employee's first day of employment in a specific job classification through the date of an employee's last day of employment in the same job classification, except as provided herein. Section 3- Department seniority and rank seniority shall terminate; (1) upon the 13-month anniversary date of employee's layoff, (2) upon the effective date of an employee's resignation or (3) upon the effective date of an employee's dismissal. Accrual of department seniority and rank seniority shall be suspended for the period of any disciplinary suspension(s) without pay or unpaid leave of absence, excluding family medical leave authorized pursuant to City policies, procedures and regulations. Section 4- In the event of a departmental reorganization, any demotions shall occur in inverse order of rank seniority within the classification(s) affected, i.e., the Lieutenant with the least rank seniority shall be the first demoted to firefighter, etc. Layoffs shall occur in inverse order of department seniority within classification(s) subject to layoff. Section 5- An employee that is demoted due to reorganization or reduction in force shall be compensated at his pre -demotion pay rate or at maximum pay rate established for the job classification to which he is demoted, whichever is lower. An employee shall be promoted to the position from which he was demoted due to reorganization or reduction in force in the event the 3 May 6, 2008 position is subsequently re-created, unless period is greater than 1 year, then filling of position will be handled in accordance with current promotional guidelines. Section 6- An employee shall be recalled from layoff utilizing a formula based 50% on previous employment performance evaluation and 50% on seniority. Notice of recall shall be provided by certified mail to the employee at his last known mailing address. It shall be the responsibility of the employee to notify the Chief of any change in address which occurs while on layoff. The employee shall be awarded fourteen (14) calendar days from the date of mailing to accept the recall offer in writing. In the event the employee declines or fails to accept the recall offer within this period, the employee shall thereafter be ineligible for recall. ARTICLE 10 PROMOTIONS Section 1- The following policies shall establish criteria to be used for the examination and evaluation of candidates for promotion to a position classification within the bargaining unit. The promotion policy does not preclude the City from accepting applications and/or hiring outside of the department, as long as the standards of Article 10, Section 9, below, are met and the applicant has held the rank directly below the one being tested for a minimum of three years. Section 2- The Chief shall develop and administer all testing criteria, and all examinations shall be impartial and shall relate to those matters which will fairly test the candidate's ability to discharge the duties of the position for which he is testing. An employee's relative standing on a promotional eligibility list shall be established by compiling the scores, weighted as indicated, in the following categories: 1. Written examination........... one -quarter (1/4) 2. Oral examination ............... 3. Performance evaluation........ 4. Physical agility .................. 5. Length of service ............... one -quarter (1/4) one -quarter (1/4) one -quarter (1/4) used as a tiebreaker Section 3- Examination materials shall consist of materials related to the duties to the position and shall be consistent with the City. A list of text and references, upon which the examination is based, will be included in the examination announcement, along with acquisition information. Section 4- The oral examination shall be given by a minimum of a three (3) member panel chosen by the Chief. All members of the panel must have working knowledge or educational knowledge at least equivalent to an A.S. degree in fire rescue services. If a member of the panel is of the same rank as being tested, the member must have held that rank for at least three (3) years. A list of panel members will be given to the Union when study materials are issued to the candidates. If the Union has any questions about the qualifications of the panel, the Chief must be notified in writing within five (5) working days after receipt of list, identifying the specific questions. Section 5- Promotional examinations shall be conducted as required to meet the needs of the Department. 4 May 6, 2008 Section 6- Announcements for promotional examinations shall be posted in the fire station at least fourteen (14) calendar days prior to the closing date for applications. An applicant's eligibility to take a promotional examination will be determined on the basis of eligibility criteria established in the pertinent classification description. Applications received after posted closing date will not be considered. Section 7- The relative standing of all candidates for promotion shall be posted at the fire station within ten (10) days of the date on which examinations and evaluations are conducted. Section 8- A newly promoted employee shall serve a probationary period of six (6) months; said probationary period may be extended up to additional six (6) months at the sole discretion of the Chief. Section 9- To be considered a candidate for a ranking officer's position, the employee must have a minimum of three (3) years experience with the City of Okeechobee Fire Department as a professional paid firefighter or a total of five (5) years in the fire service as a paid professional firefighter. If there is not more than 1 qualified person for the promotional examination then the Chief may change the considerations for the position being tested. Section 10- No position shall be left open for more than ninety (90) calendar days. ARTICLE 11 HOURS & LIGHT DUTY Section 1- Employees whose positions are in the bargaining unit of the effective date of this Agreement shall be organized into three (3) platoons, each working, for the purpose of payroll purposes, an average fifty-three (53) hour work week and an eight (8) kelly day year based upon twenty-four (24) hour shifts commencing at 0700 hours and continuing to 0700 hours the following day. The 24-hour shift beginning/ending hours may be adjusted from time to time at the Chiefs discretion. Section 2- The City agrees to permit employees to perform light duty work assignments during periods of temporary disability when such assignments are determined to be in the best interest of the Department and under such conditions as may be determined by the Chief on case -by -case basis, contingent upon prior approval of the City Administrator and the attending physician. Such assignments shall be scheduled on an up to forty (40) hour workweek basis at the employee's normal hourly rate of pay, defined as 53/hour work week (annual salary divided by 2756 (53hrs X 52 weeks)). These provisions shall not guarantee availability of any light -duty assignment(s). Determination(s) regarding availability, duration, or conditions associated with light -duty assignments by the Chief or City Administrator shall not be subject to the contract grievance procedure. ARTICLE 12 SHIFT EXCHANGE Section 1- A bargaining unit employee, with prior approval of the Chief and at the sole discretion of the Chief (or in the Chief s absence, the officer in charge), may exchange shifts with another r May 6, 2008 bargaining unit employee when the exchange does not interfere with the proper operation of the Department. ARTICLE 13 PAY COMPENSATION Section 1- Effective and retr.= to October 1.2007, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Classification Firefighter/EMT Z 7 % pay increase Lieutenant Firefighter/EMT T.7 % pay increase Stipends will be extended to barrs►aini" writ emplovee's as described below ` Certification Per month Stipend- Instructor $20 Fire Inspector $20 Driver Engineer $20 USAR Team $20 Urban Search n Rescue Dive Rescue $20 Pre-existing: J Assoc Degree $50 Bachelor Degree $110 Section 2 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/2) times his regular hourly rate of pay for all hours physically worked in excess of 212 hours during each 28 day work period. Section 3 - A bargaining unit employee shall report for duty, as directed, upon receipt of an emergency call-back notice, authorized by the Chief or other officer -in -charge, to assist with an existing or impending emergency. Except as excused by the Chief, or other officer acting on the Chief s behalf, refusal to report for duty following receipt of an emergency call-back notice shall constitute insubordination warranting disciplinary action up to and including dismissal from employment. See_ A bargaining unit employee shall be compensated at the rate of one and one-half (1 1 /2 ) times his regular hourly rate of pay for each hour worked [minimum two (2) hours] as the result of his response to an emergency callback notice (excluding scheduled work hours). Compensable hours shall begin upon the employee's receipt of such notice, excluding response time in excess of 15 minutes. Section 5 - Step up pay, in the absence of the shift officer at the Station, the Chief will designate a senior firefighter to fulfill the daily functions (as determined by the Chief) of the officer (additional to their own). The Firefighter that the Chief designates, will be compensated an additional $1.00/ hour, if Fire Inspector One Certified (FIOC), $.50/hour if not FIOC, for each hour they are fulfilling May 6, 2008 the duties of the absent officer. This pay will be figured at the end of each twenty-eight (28) day cycle. The Step up pay will only be available when the following items are applicable: the absence is NOT caused by any type of Shift Exchange or Swap -time and the absences will be for a minimum of eight (8) consecutive hours. It is understood that there will be times that a firefighter will fulfill the daily functions of the absent officer without additional compensation. Section 6 - A bargaining unit employee shall be compensated [minimum two (2) hours] for off -duty mandatory attendance at departmental staff meetings and off -duty mandatory court appearances stemming from acts within the employee's scope of authority subject to the provisions of Section 7 herein. ARTICLE 14 ANNUAL & SICK LEAVE Section 1- Annual and Sick Leave accrual shall be described as follows: Annual Leave: Less than 10 years of service - 12 hours per month 10 Years to 14 Years of service - 16 hours per month 15 years or more of service - 22 hours per month Maximum Accumulation/Payment: 295= Sick Leave: Ten (10) hours per month at the end of the calendar month (no credit is given for the first month if it is less than 15 days) No credit in any month during which employee is out 128 hours or more, with or without pay (workers compensation is the only exception). Maximum Accumulation: None Payment of unused sick leave 50% with at least 10 years of continuous service & upon leaving the City in good standing Section 2 - Provisions relating to use, accrual and compensation upon termination for vacation and sick leave, shall be as established by City policies, procedures and regulations except as modified herein. ARTICLE 15 INSURANCE Section 1— The city shall maintain Medical insurance for the employee. ARTICLE 16 PROFESSIONAL DEVELOPMENT Section 1 - Employees shall be entitled to reimbursement for travel expenses associated with professional development seminars, courses, etc., at which attendance is required by the City, in accordance with the provision of Sec. 112.061, F.S. Section 2 - The City may pay the cost of tuition, books and related materials associated with attendance at approved job -related non-credit professional development seminars, courses, etc. Such 7 seminars, courses, etc. shall be offered b reco May 6, 2008 y gnized fire and/or emergency medical agencies and shall be subject to approval by the Chief. Any standard set by City handbook dealing with education will apply. ARTICLE 17 UNIFORMS & PROTECTIVE CLOTHING Section 1 - Uniform items and protective clothing for structural firefighting required to be worn by employees during the performance of their duties shall be provided by the City, without cost to employees, except as provided herein. Section 2 - Each employee shall be provided with one (1) fire helmet, one (1) hood, one (1) SCBA face mask, one (1) turnout coat, one (1) pair suspenders (if required), one (1) pair of gloves, one (1) turnout pants, one (1) pair of fire boots, five (5) uniform shirts, five (5) uniform pants, one (1) uniform belt, one (1) jacket with removable liner and (1) cap. Protective clothing for structural firefighting shall comply with NFPA Standard(s) 1971, 1972, 1973 and/or 1975 at the time of purchase. Each employee's surname, in two (2) inch (minimum) reflective letters, shall be affixed to the back of their turnout coat below the normal position of SCBA equipment. Section 3 - A uniform or protective clothing item provided in accordance with this section shall be replaced without cost to the employee upon a determination by the Chief that said item is no longer in serviceable condition. Section 4 - Each employee shall be responsible for maintaining his uniform and protective clothing items in a neat, clean and presentable condition at the fire facility to which they are assigned. Inspection and inventory of uniform and protective clothing items shall be conducted at the discretion of the Chief. Employees shall be responsible for the cost of replacing any uniform and/or protective clothing item for which they cannot account at the time of said inspection and inventory. Section 5 - Uniform, protective clothing items and all other property belonging to and provided by the City shall be relinquished to the City within twenty-four (24) hours of an employee's termination of employment. The replacement cost of any item not relinquished in accordance with this section shall be withheld from the employee's final payroll check. ARTICLE 18 COMMUNICABLE DISEASES Section 1 - Employees shall be afforded immunization against Hepatitis B and testing/prophylactic treatment deemed medically advisable following exposure to Hepatitis A, B or C, Tuberculosis, HIV, Meningitis or any other communicable diseases at no cost to the employee. ARTICLE 19 RETIREMENT 8 May 6, 2008 Section 1 - The City shall maintain current retirement system. ARTICLE 20 RULES AND REGULATIONS Section 1 - Bargaining unit employees shall comply with all City policies, procedures and regulations including, but not limited to, those policies, procedures and rules contained in the current Okeechobee City Personnel Policy Manual which are not in conflict with the terms of this Agreement. In the event of such conflict, the terms of this Agreement shall take precedence. All such policies, procedures and regulations (and any revisions thereto) shall be readily available for review at all times at each full-time manned fire station. Section 2 - New or revised policies, procedures and regulations shall be distributed to bargaining unit employees at least two (2) weeks prior to their effective date, except in the case of an emergency or in response to a mandate by an agency with regulatory jurisdiction. Section 3 - The Union hereby acknowledges that non-compliance with City policies, procedures or regulations which are not in conflict with the terms of this Agreement may result in disciplinary action in accordance with same. Section 4 - There is hereby established an Employee/Management Committee (EMC) which shall consist of four (4) members. Two (2) members shall be appointed by the Union and two (2) members shall be appointed by the Chief. This committee shall meet at mutually agreeable times, but not less than semi-annually. The purpose of this committee will be to discuss matters conducive to improvement of employee/management relations including, but not limited to, interpretation and clarification of applicable policies, procedures and/or regulations. Meetings shall be conducted on an informal basis. This committee will function in an advisory capacity only. Copies of all understandings shall be furnished to the City Administrator's Office for review and approval, prior to implementation. ARTICLE 21 DISCIPLINE AND DISCHARGE Section 1 - The Union acknowledges that discipline is essential to the efficient and effective operation of the City and that the right to discipline and discharge its employees is a management prerogative which shall be governed by City policies, procedures and regulations except those expressly modified by a specific provision of this Agreement. The City agrees that, until such time as the following terms are defined and/or redefined by City policies, procedures and regulations for purposes of ensuring proper employee discipline, the following definitions shall apply: Abuse of paid leave/ Two (2) consecutive or four (4) or more incidents of unscheduled excessive absence(s) - compensated and/or uncompensated absence from duty during any 12-month period, excluding absences certified by a licensed Florida physician to be medically essential. E May 6, 2008 Willful inefficiency - Failure to perform assigned tasks within a specified time period without reasonable justification in the sole judgment of the Chief. Unauthorized release Release of information exempt from disclosure pursuant to Chapter information - 119, F.S. Motor vehicle violations - Violations of state law or local ordinance relating to the operation of motor vehicle. Job abandonment - Failure to report to the Chief within 24 hours of any unauthorized absence from duty OR, any unauthorized departure from duty prior to the end of a scheduled duty tour. ARTICLE 22 GRIEVANCE ARBITRATION Section 1 - As used herein, the term grievance shall be defined as a dispute between the City and a bargaining unit employee, or group of bargaining unit employees, involving the interpretation or application of this Agreement. Grievances, including those stemming from discipline and discharge actions, shall be processed in accordance with the procedure established herein. A dispute involving the exercise of any right of the City and/or its officers with respect to the management of its operations, not expressly limited by a specific provision of this Agreement, shall not constitute a grievance as defined herein. Section 2 - STEP 1 - The grievant shall complete and submit an executed Grievance Form (Exhibit "B"), a copy of which is attached hereto and made a part hereof, to the Chief within five (5) calendar days after the occurrence which gave rise to the grievance. The Chief shall copy the executed Grievance Form to the President of the Union and all members of the Employee/Management Committee (EMC) within twenty-four (24) hours after its receipt. The Chief and the President of the Union shall schedule a meeting of the EMC, to be conducted within ten (10) calendar days after the Chiefs receipt of the executed Grievance Form, to consider the grievance. If the EMC determines that the grievance has merit, it shall attempt to facilitate a final resolution of the grievance within ten (10) calendar days after said determination. If the EMC cannot facilitate a final resolution of the grievance, the EMC's findings and recommendation(s) thereon (including specifically the section(s) of this agreement determined to have been violated) shall be provided to the grievant, the Chief and the President of the Union within five (5) calendar days after such attempt. Thereafter, the grievance may be pursued to STEP 2 of this procedure. If the EMC determines that the grievance is without merit, it shall provide written notice of such determination to the grievant, the Chief and the President of the Union within five (5) calendar days after same. In the event the grievant chooses to pursue the grievance further, the grievant shall be solely responsible for his attorney's fees and costs associated therewith. STEP 2 - If the grievant decides to pursue the grievance beyond STEP 1 of this procedure, he shall submit it and all related documentation and evidence as defined herein below to the Chief within five (5) calendar days after issuance of the EMC's finding and recommendation(s) for resolving the grievance. The Chief shall then have five (5) business days to submit all City documentation and evidence to the grievant. The Chief, or his designee, and his representative, if applicable, shall meet 10 May 6, 2008 with the grievant and the grievant's Union representatives to discuss the grievance within five (5) business days following the aforesaid exchange of documentation and evidence. The Chief shall render a written disposition on the grievance to both the grievant and the President of the Union within five (5) business days after the STEP 2 meeting. If said disposition does not satisfactorily resolve the grievance, it may be pursued to STEP 3 of this procedure. STEP 3 - If the grievant decides to pursue the grievance beyond STEP 2 of this procedure, the grievant and the Chief shall submit it and all related documentation and evidence as defined herein below to the City Administrator's Office within five (5) business days after the STEP 2 disposition by the Chief. The City Administrator, or his designee, shall meet with the grievant and the grievant's Union representatives to hear all evidence relating to the grievance within five (5) business days after its receipt. All evidence relating to the grievance shall be submitted; the term evidence is herein defined to include, but not be limited to, a listing of the name(s), address (es) and telephone number(s) of all witnesses, accompanied by a detailed summary of the testimony to be offered by each and a copy of each document which the parties intend to offer into evidence. The City Administrator, or his designee, shall render a written disposition on the grievance to both the grievant and the President of the Union within ten (10) business days after the STEP 3 meeting. If such disposition does not satisfactorily resolve the grievance, it may be pursued to STEP 4 of this procedure. STEP 4 - If the grievant decides to pursue the grievance beyond STEP 3 of this procedure, he shall submit a written Notice of Intent to Arbitrate to the City Administrator's Office within five (5) calendar days after the STEP 3 disposition by the City Administrator, or his designee. Section 3 - If the parties cannot jointly select an arbitrator to hear the grievance within five (5) business days after issuance of a Notice of Intent to Arbitrate, the Union shall request the Federal Mediation and Conciliation Service (FMCS) to provide the parties with a panel of seven (7) arbitrators (Florida residents) from which an arbitrator shall be selected. Within ten (10) business days after receipt of the FMCS panel, the parties shall meet or confer by telephone to select an arbitrator. Upon such meeting or conference, the parties shall be entitled to alternately strike prospective arbitrators (one at a time) from the FMCS panel until only the arbitrator who will hear the subject grievance remains. Section 4 - The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the parties in the presence of each other. Evidence and arguments, which have not been submitted for the record at STEP 3, shall not be submitted to, or considered by. an arbitrator. Section 5 - The arbitrator shall be limited to the interpretation and application of the specific terms of this Agreement. An Arbitrator shall not have the authority to render a decision on any matter not submitted for arbitration; nor the authority to substitute his judgment for that of the City Administrator on matters solely within the purview of the City Administrator pursuant to Florida law and/or City policies, procedures and/or regulations; nor the authority to interpret or apply this Agreement in a manner which changes what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract; nor the authority to add to, subtract from, alter, amend and/or modify the terms of this Agreement. 11 May 6, 2008 Section 6 - The arbitrator shall attempt to render a decision on the grievance within thirty (30) days after conclusion of the arbitration. The arbitrator's decision shall be in writing, shall set forth the arbitrator's rationale and conclusions on the issue(s) submitted and shall be final and binding upon the parties to this Agreement. Any award of back pay provided in an arbitrator's decision shall be reduced by the amount of compensation that would not have been earned by the grievant, subsequent to the date the related grievance was filed, had the basis for the grievance not arisen. Section 7 - The time limits set forth in STEP 1 and STEP 2 of this procedure may be extended by written mutual agreement between the Chief and the President of the Union. The time limits set forth in STEP 3 and STEP 4 of this procedure may be extended by written mutual agreement between the City Administrator and the President of the Union. Section 8 - Except through extension(s) as provided herein, failure of the Union or the grievant to adhere to the time limits set forth in this procedure shall constitute a waiver of the entitlement to pursue a grievance further. Except through extension(s) as provided herein, failure of the City to adhere to the time limits set forth in this procedure shall entitle the Union or the grievant to advance to the next step. Section 9 - Each party shall bear the cost of its own witnesses, representatives, transcripts, photos, etc. However, fees and expenses of the arbitrator shall be borne equally by the parties. ARTICLE 23 CONSOLIDATION OF DEPARTMENTS Section - I darin tke terra of existence of this contrail a DrhWe conmaav amlies to take over the services of the City Fire Deiwrf»en& or tke Comm& of Okeechobee and the City of Okeechobee rreaodate the consolidation of the two deserrin M&, the City shaU mwotrate the terms of that aFreemeni by raicladarp a rearrest tlkat aU then cwrent Union fireftUers whin the Cuv are carried over as fall dare employees of the new endty ARTICLE 24 SEVERABILITY Section 1 — If any provision of this agreement should be declared invalid by any court action, state law or federal law, the remaining parts or portions of this Agreement shall remain in full force and effect. ARTICLE 25 DUTYSCHEDULE Section 1— The schedule will remain 24hrs on and 48hrs off. Section 2 — The City shall post a monthly schedule at the fire station prior to the first day of the month to which the schedule applies. When schedule is modified it will be posted as soon as possible. Section 3 — The City shall maintain three EMT/Firefighter II State Certified Firefighters on shift at all times. ARTICLE 26 12 APPENDICES AND AMENDMENTS May 6, 2008 Section 1— Any/all appendices and amendments of this Agreement shall be numbered or lettered, dated, and executed by the parties hereto. ARTICLE 27 DURATION Section 1--This agreement shall be effective on the date of execution by both parties, and shall remain in full force until the 30t' day of September 2009. Each party shall notify the other of its intent to renegotiate all or part of the Agreement on or before May 1, 2009. (note: 2 yr contract 13 IN WITNESS THEREOF, the parties have made and executed this agreement of the May 6, 2008 respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council and Mayor, who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this day of , 2008. As to the City of Okeechobee: James E. Kirk, Mayor Date: ATTEST: Lane Gamiotea, CMC, City Clerk As to Local #2918 International Association of Firefighters Karl Holtkamp, President Date: 14 - - _ LXHIBIT 10 r • • MAY 6, ZOOS EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, is made and entered into this day ofJ�!�fin 2006 by and between the CITY OF OKEECHOBEE, FLORIDA, a Municipal Corporatio under the laws of the State of Florida, hereinafter referred to as "CITY', whose address is 55 Southeast 3`d Avenue, Okeechobee, Florida 34974; and V. Brian Whitehall, hereinafter referred to as "CITY ADMINISTRATOR", whose address on the date of execution is: 810 SW 2"d Street, Okeechobee, FL 34974. WITNESSETH: WHEREAS, the CITY COUNCIL has determined to offer the position of CITY ADMINISTRATOR to V. Brian Whitehall; and WHEREAS, V. Brian Whitehall has determined to accept the offer from the CITY to serve as CITY ADMINISTRATOR; and WHEREAS, the parties have negotiated the terms of said employment which are set forth in this employment contract; NOW, THEREFORE, in consideration of the mutual covenants, premises, and promises set forth herein, the sufficiency all of which is acknowledged, the CITY and the CITY ADMINISTRATOR, desiring to be mutually legally bound, do agree as follows: 1. Employment. A. Commencing on June 1, 2006 the CITY OF OKEECHOBEE hereby employs V. Brian Whitehall as CITY ADMINISTRATOR to perform the functions and duties as CITY ADMINISTRATOR as set forth in the City Code of Ordinances 2-111 and 2-112, and as amended from time to time in the sole. discretion of the CITY; and such duties as are or may be specified by ordinance, resolution, or direction of the CITY from time to time. Considering this, V. Brian Whitehall agrees to accept and to diligently perform the duties as set forth herein. The position of CITY ADMINISTRATOR is subject to all requirements of the City Personnel Policies and Procedures. B. This agreement, unless terminated as hereinafter provided, shall commence and remain in effect for a term as set forth below, at which time this agreement shall terminate, unless the terms hereof are modified by mutual consent andlor extended by agreement of both parities hereto in a written modification or extension. The term of this employment shall be for a period of two years, and shall commence on the 1st day of June 2006, and unless terminated as hereafter provided or otherwise extended, shall expire on the 31 st day of May 2008, at the hour of midnight. This contract, or as subsequently amended, may renew annually thereafter for successive two (2) year terms upon majority vote of the CITY, unless: Either party may give written notice to the other of an intent not to renew the annual contract, which written notice shall be communicated to the other party at least 60 days prior to the ending date of this contract. This notice provision shall not apply in the event of a termination with or without cause, as hereinafter set forth. The CITY also retains the right to terminate the employment at any time during the contract year without cause, which will entitle the CITY ADMINISTRATOR to severance pay, as hereinafter defined. C. The CITY ADMINISTRATOR is subject to an evaluation of his/her performance at least once annually, said evaluation to be completed at least three (3) months prior to the end of the contract year. The CITY, in its sole discretion upon receipt of an unsatisfactory evaluation, may extend to the CITY ADMINISTRATOR a period of sixty (60) days to improve his/her performance prior to terminating this contract for cause. The CITY ADMINISTRATOR shall perform all duties and functions of CITY ADMINISTRATOR in a competent, professional, efficient and effective manner, which includes a requirement of open and effective communication between the CITY ADMINISTRATOR, Department Heads, Employees, and the City Officials. The CITY COUNCIL shall be the sole judge of whether the CITY ADMINISTRATOR performs his/her duties in such a manner. 2. Terms of Employment. A. It is agreed that this agreement shall be subject to all provisions of the City Code of Ordinances and City Charter, as may be amended from time to time. B. The CITY and CITY ADMINISTRATOR agree that the CITY ADMINISTRATOR is a full time professional, managerial employee. In consideration of 29C.F.R 541.102, the CITY ADMINISTRATOR agrees that he/she is properly classified as exempt for purposes of the fair labor standards act. It is recognized that the CITY ADMINISTRATOR will frequently work hours outside the normal work day of 8:00 a.m. to 4:30 p.m., but "full time" employment as used in this contract means a minimum of a 40 hour week, and the normal hours of the CITY ADMINISTRATOR will be from 8:00 a.m. to 4:30 p.m. Monday through Friday. C. The CITY ADMINISTRATOR, during the term of this contract shall not accept, continue with, or perform any employment or actions that will create a conflict of interest between such employment or activities with the CITY or it officials. A "conflict of interest" shall be defined as set forth in Chapter 112, Florida Statutes, as a violation of City policies, or as any employment, consultant work, or other professional activity that will be inconsistent with the duties of CITY ADMINISTRATOR, or that interferes with timely and professional administration of City government, or that is contrary to the interests of the CITY. The CITY ADMINISTRATOR and the CITY agree that Page 2 of 6 in all events, the CITY ADMINISTRATOR shall devote such time as necessary to competently and professionally undertake and complete his/her duties, which may include being called out after hours or on weekends for emergency situations. D. This agreement may be terminated by the CITY at any time for cause upon 415 affirmative vote of the CITY COUNCIL. The term cause" shall be defined from time to time as set forth under Florida law; and may include a violation of any duty or contractual agreement set forth herein, any ground set forth in Chapter 7 of the City Personnel Policies and Procedures, and in all events the failure of the CITY ADMINISTRATOR to perform any of the duties as provided and required by this agreement. Termination without cause shall require a 4/5 affirmative vote of the CITY COUNCIL, as provided by ordinance. Upon a termination for cause or without cause, the employment shall be considered terminated as of the time of the vote, and no further notice of intent to terminate shall be required to be provided to the CITY ADMINISTRATOR. E. The CITY shall have the right for cause as defined, to suspend the CITY ADMINISTRATOR with or without pay. Grounds for suspension shall include arrest or information against the CITY ADMINISTRATOR charging him/her with a felony, or any other crime involving moral turpitude. The decision to suspend the length of suspension may be solely and immediately by the Mayor, but shall be affirmed or denied by majority vote at the next regular or special City Council meeting. F. The rate of compensation paid to the CITY ADMINISTRATOR effective the date of execution of this agreement, or any extension thereto, unless subsequently modified as provided herein, shall be the sum of Sixty -Eight Thousand Three Hundred Nineteen Dollars and 65/100 ($68,319.65) annually, said compensation to be paid in equal installments every week, subject to standard tax and benefit deductions. 3. Benefits. The CITY ADMINISTRATOR shall receive the following benefits: A. All benefits available to every employee as set out in Chapter 4 of the Personnel Policies and Procedures as written, or as from time to time amended by the CITY COUNCIL. B. The CITY shall provide in its sole discretion a suitable automobile for the use by the CITY ADMINISTRATOR to conduct CITY business, which shall include insurance, maintenance, and fuel. Said vehicle may be used by the CITY ADMINISTRATOR for travel to and from his/her Okeechobee residence, all CITY business and travel as required to perform his/her duties, including use to seminars, conventions, out of town consultants, etc. Page 3 of 6 C. The CITY ADMINISTRATOR shall be provided a private office, and clerical support and such other facilities and supplies suitable to the position, and adequate for the performance of all required duties. D. The CITY will pay the premium for group health insurance for the CITY ADMINISTRATOR, with such plan as may be in effect within the CITY; and long term disability and life insurance on the life of the CITY ADMINISTRATOR in such amounts as determined by the CITY. E. The CITY ADMINISTRATOR is entitled and encouraged to participate in such General Employees Pension Plan as may be in effect within the CITY or as amended. Alternatively, the CITY ADMINISTRATOR may elect to seek to join a deferred compensation plan, such as the International City Manager's Association (ICMA) plan, which satisfies Federal Internal Revenue Service deferred compensation plan requirements. If the CITY ADMINISTRATOR desires to join such a deferred compensation plan or other qualifying plan, upon reasonable right of review and approval by the CITY which shall not unreasonable be withheld, the CITY shall pay into such plan the same amount or percentage as the CITY would pay into the CITY ADMINISTRATOR's General Employee Pension Plan by payment of such amount into a deferred compensation plan; this negates the CITY's responsibility to pay into the General Employee Pension Plan. F. The CITY ADMINISTRATOR shall be entitled, in the sole discretion of the CITY COUNCIL, to periodic merit or longevity salary increases during the term of his/her employment under the CITY's pay plan in effect at that time. G. The CITY ADMINISTRATOR is entitled to attend, without prior approval of the CITY, all Florida League of Cities annual meetings; International City Managers Association (ICMA) meeting; Florida City and County Management Association (FCCMA) meeting, other similar professional meetings, located within the State of Florida. Any out of State meetings must be approved by the CITY COUNCIL in advance. The CITY shall pay the annual dues of the CITY ADMINISTRATOR to the Florida League of Cities; the Florida City and County Management Association (FCCMA); and the International City/County Management Association (ICMA). All payments made under this section shall be on a reimbursable basis, provided that receipts and other sufficient documentation have been submitted to the CITY. Mileage, meals and hotel reimbursement shall be at the rate consistent with Section 112.061 Florida Statutes. 4. Termination and Severance. Either party may elect to not renew the term of employment by providing sixty (60) days notice prior to the ending date of the contract. In the event of termination by vote of the CITY COUNCIL, the CITY Page 4 of 6 ADMINISTRATOR shall receive a severance package which includes all earned and unused vacation leave, and compensation as permitted for unused sick leave, or annual leave, and six (6) months regular salary, defined as that sum of money normally received over a period of 180 days, less applicable taxes or deductions. Should the CITY ADMINISTRATOR resign his position, and provide a minimum thirty (30) day written notice, this will terminate this contract and he shall receive paid benefits in the same manner as any employee leaving in good standing with proper notice. 5. Residence. As a condition to this employment, the CITY ADMINISTRATOR shall maintain his/her primary residence within Okeechobee County, Florida and to complete such relocation at his/her own expense within one hundred eight (180) days of the execution of this agreement. 6. General Provisions. A. This agreement shall become effective upon its approval and execution by the last person signing. B. If any article or part thereof contained herein is held to be unconstitutional, invalid, or unenforceable, it shall be deemed severable, and the remainder of this agreement shall not be affected and shall remain in full force and effect. C. The foregoing sets out the full understanding of the parties, subsumes any and all oral understandings or representations of the parties, and shall not be hereafter altered or amended except by further written agreement signed by all parties. D. The CITY ADMINISTRATOR expressly acknowledges that he/she has read and voluntarily signed this agreement, and agrees that no oral agreements or representations; other written promises; side agreements or assurances or other inducements have been made by the CITY, its officials, employees or agents, other than what is specifically contained within the four comers of this written employment contract. Further, the CITY ADMINISTRATOR acknowledges that this agreement has been fully reviewed by him/her; that it is completely understood; that he/she has consulted with private counsel or had the opportunity to do so and voluntarily opted not to do so. E. The parities hereto mutually renounce any rights or claim they may have against the other by agreement or by any statute to claim or collect attorney's fees from the other for claims or litigation arising out of the interpretation or enforcement of this contract. F. This contract shall be construed according to the laws of the State of Florida; and for any claim, action or suit, the parities stipulate that venue therefore Page 5 of 6 shall be at all times Okeechobee County, Florida. G. The CITY ADMINISTRATOR understands and agrees, that for any decision permitted herein by the CITY as it pertains to the performance, suspension, or continued employment of the CITY ADMINISTRATOR, is strictly and absolutely within the sole complete discretion of the CITY COUNCIL, and that CITY ADMINISTRATOR covenants and agrees that he/she absolutely waives, and shall not challenge the exercise of such discretion in any claim, demand, action, suit or proceedings brought by the CITY ADMINISTRATOR due to such decision. IN WITNESS THEREOF, the parities have made and executed this agreement of the respective dates under such signature below, including that of the City of Okeechobee, Florida, acting by and through its City Council, and Mayor who is authorized to execute this agreement on behalf of the CITY, as witnessed by the City Clerk, on this day ofu , 2006. t,.. 4 ATTEST: Lane bamiotea, MC, City Clerk As to the City Admi V. Brian Date: As to the City of Okeechobee: J s E. Kirk, Mayor Date: ' JCS jt- Page 6 of 6 City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhitehall@citvofokeechobee.com * * * * *Memorandum * * * * * Date: For May 6, 2008 Meeting TO: Mayor & City Council FR: City Administrator RE: Activity Report New and Unfinished Business: • 441 & SR 70-intersection improvement — LK Nandam, DOT Traffic Operations Eng, et. al., are on the Agenda to discuss planning results of the intersect'n improvements. I have a 4'X5' map in my office but have attached a copy of the intersect'n sect'n for explanation purposes. Essentially, the $2-3 million project adds additional left turn lanes on both east and west bound SR 70, which will necessitate taking an additional 16' +/- of the north side of Flagler Parks. The project also calls for extension of median strips to Td Av on both sides of the intersect'n. • Restoration of CSX Depot— For clarification, the last unofficial word from CSX is that they intend to demolish the depot, but there has been some dialog. I know Main Street has contacted the railroad several times along with Congressman Mahoney's office. I met w/ Amtrak officials several weeks ago and was advised that they can provide assistance, incl design engineering and administration, see attached flyer. I may have mentioned before that Okeechobee sees about 3000 passengers/yr fr our existing station. Also since last Council meeting, have met with T Burroughs, and he is coordinating some logistical issues w/ Keith Walpole. Prior to this, and what may have prompted CSX to take the rash action of demolition, Code Enf had contacted the tenant in the west side of the facility of various code issues. • Grant opportunities — Sent this to Nancy Phillips on 4/30 for her input: We had a brief staff meeting about public works projects and had some difficulty arriving at, what we tho't, was a good grant project. Much of our problem lies in the fact that the County -initiated storm sewer study and imminent utility formation has to be completed prior to the City jumping in and pouring money into a capital improvement that might be contrary to that study. After much deliberation, we tho't a safe endeavor might be the implementation of various designed dry retention areas throughout town in the City's existing, unimproved R-O-W and alleys. That's a terribly broad project and, in my opinion, doesn't fit the nicely defined projects that the State might be looking for. Altho' not a perfect scenario, especially with no possibility of ADA improvement funding, the fact that some of the City Council expressed interest in the Owner Occupied LMI home rehab grant application, maybe we should go there. My experience with this grant has been that there is a significant amount of administration involved. Page 1 Oaks Plaza (Goody's), SW 21 St turn lane / Dev Agreement. Unfortunately no progress (as of Thurs (5/1/08) has been made on the Agreemn't. Am relying on LaRue's office and Kimley-Horn to iron out the traffic study questions, of which we (developer and City) agreed to pursue further. Alley vacation request — 2"d Reading for street closin� on the Agenda for the Nunez's, is to be considered for the end of NE 2" St at Taylor Creek. Lane has included in the packets some research on the streets as a result of the 4/15/08 Council meeting discussion. Billboard dispute(s) — The rezone for the SR 70 West parcel from CDB to Industrial received no support from the 4/17 Planning Bd. Ord #1021 is on the Agenda for a first reading. (Note: The original suit pertains to the parcel at 701 SW Park St. and again, on 1/7/08 +/- the City reed a listing of assertions relating to a `Complaint for Declaratory Judgment' of which was answered on Jan 24'h. 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 20d 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 — Just to revisit the proposed agreement, there is a provision in the Code that the City can incl transportation concurrency for projects not included in our 5-year Capital Improvement Plan by simply adding it to the Plan at the next regular update (this fall) (CD78-8, Sec 78- 205(b)(1). Again, the tentative proposal now is to incorp 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 0994) — LaRue's office is developing notes from the Jan 22"d meeting for use in perfecting the Ord. School Concurrence element to the City's Comp Plan — On 4/17/08 the Planning Bd went thru' the transmittal hearing process for the Public School Facilities Element, which includes the appropriate modifications to the Capital Improvement and Intergovernmental Coordination elements. It's on this Agenda and after the Council's hearing and transmittal DCA has some 30 days to review and send back Objections, Recommen- dations and Comments (ORCs). Again the County has submitted their transmittal and is awaiting those ORCs. Thereafter, the City implements the ORCs and takes final action. Administrator's employment contract — I've placed on the Agenda the renewal of my employment contract. Sect'n 1.13. indicates that `the contract ... may be renewed annually thereafter for successive two (2) year terms upon majority vote....' Canal cleaning — SE section canals are in another growth mode. We have already been told not to expect funding form SFWMD. We've investigated Page 2 and found that FL DOC will be able to assist us in manpower to start maintenance work on weed control. Unfortunately, the canals are still silted in. Am investigating adding to budget an annual allocation to continue with that process. You recall, last year we had a quote of $300,000+/- to clean the canals ... tho't we were to receive SFWMD funding, not spent by the County, but they quickly were able to use our contractor and spend the monies. • Main Street — Rec'd a letter advising their Prog Mgr, Karen Hanawalt, has resigned. Attached is list of officers to be elected at their 4/23/mtg. 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 1012107. Atty Cook was instructed to advise all parties involved with the mediation that we proceed to the Hearing process and let `the chips fall where they may'. Engineering: • Storm sewer master plan — Engineer, Bill Mathers, will be composing, on behalf of the City, an 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: Activity report is attached. Fire Union Contract — The Union contract requested modifications are attached hereto and the contract is on the Agenda, and incorporates stipends as a part of it. The other substantive changes incl a 2 yr contact, last year's COLA paid retroactively to 10/1/07, increasing annual leave accrual and some language on consolidation. General Services: • Activity report is attached. • Fees — Gave you statistical info on Gen Services permits and added that the Hampton Inn hotel will generate an est $35,000 in Bldg permit fees. Last week we were advised that LaQuinta is looking at the hotel site on 441 S. If it goes thru', a preliminary est of $17k in building permit fees is expected, not incl plan review and impact fees. Page 3 Police: • Radio Equipment — 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. Public Works: • Activity report Activity Sheet For May 2008 Public Works has been busy with Mowing/cleaning R-O-W Commerce Park Lake and Wetland Maint., Resetting traffic lights, Repair gas pumps at barn, Getting Light pole replacements Canal Clean-up with prisoners, Oak Plaza development discussion Roadway Improvements meetings Working with Signal Group on emergency light Repairing sprinkler systems in Parks Replaced well pump in park • Equipment purchases — Dump trucks - We have budgeted approx $150k in the Public Wks using `gas tax' funding and utilized approx $30k for the purchase of a tractor at the last meeting. Attached to the Agenda is a spreadsheet with two bids, under the State `FL Sheriffs Assoc' methodology. We recommend the purchase of two (2) F650 Dump trucks at a price of $55,058 each from Bartow Ford. • Traffic counts at north 91h Street — Nothing to date on the traffic count info. When we met with DOT officials they indicated they are gathering traffic accident info, but that's been a few weeks ago. • Commerce Park Lakes — Opened bids on 4/9/08 and approved 4/15/08. The Contractor has executed the Notice of award and is perfecting the performance bond. • Street Asohalt oroiect - Anticipate opening bids 5/12/08, a pre -bid conference on the 7h and award on 5/20. Historical data: 2003- 2004 - $3.40 sq yd 24,525 total sq yds 2005-2006 - $6.50 sq yd 66,413 total sq yds est. 2007-2008 - $7.00 sq yd 72,000 total sq yds estimated The project is bid by unit price and is subject to some change, I mention this because I am requesting your input on streets that may not be included on the list. Sent the list via email last week and have attached it hereto. I want to elaborate on additional planning. We have done preliminary work on design of curbing around the median (blvd) strips to help clean them up and we plan to sit down with school reps to discuss some of our concerns around Central... crossings, traffic flow and general unsightliness. We wish to immediately get this to the drawing board for bid, followed by some touchup additional asphalt work. • 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. Page 4 • Employee Spotlight: Cleveland Lamb (Public Works Foreman) with the City since 6126n3, nearly 32 years. DPWks Robinson, "Cleveland is a dedicated, hark working employee. He has many years of experience and is an asset to the City, knowledgeable all phases. Cleveland is compatible with me and all City employees. Never creates any problems and always ready to s up to the plate." Page 5 k I �,Kkr s, s .• r .......... tix ryc Ana AM SUCCESSES ABOUND Your Amtrak team can suggest site visits to other successful and similar projects and share best practices. Amtrak stands ready to help you assess your station's needs, plan for its redevelopment and maximize its full potential to benefit your community. All aboard! Amtrak can help you make necessary POTENTIAL BENEFITS: local connections and identify potential • Multimodal Center Event Space funding sources. Learn more at • Shopping Tourist • Community Hub Attraction WWW. i7Y'e2tA111er1CanStatlOriS. 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Municipalities also can receive assistance while navigating the complex issues related to accessibility, lease agreements, and other requirements associated with hav- ing an active intercity rail station. The Government Affairs department at Amtrak can help elected officials and com- munity leaders make necessary contacts. Please visit www.GreatAmericanStations.com to contact Amtrak for more information. ALL PLANS... CONTACT US: • Northeast: Ron Thaniel govemmentafrairsnyc@amtrak.com (212) 630-6959 • South: Todd Stennis govemnientaffairsnol@amtrak.com (504)528-1639 11 • Midwest: Ray Lang Bove m me ntaffa irschi@a mtra k. co m (312) 8805233 • West: Jonathan Hutchison governmentafrairsoak@amtrak.com (510) 238-2671 www.GreatAmericanStations.com MAILING ADDRESS: • Need Amtrak approval Amtrak 60 Massachusetts Ave. NE • Must comply with the Americans Washington, D.C. 20002 with Disabilities Act (ADA) Email: GreatAmericanStations@amtrak.com OKEECHOBEE MAIN STREET, INC. 111 N.E. 2nd Street . Okeechobee, FL 34972 . Phone 863.357.MAIN . Fax 863.467.8488 ou vdae t • 1ew vMzo" April 19, 2008 Dear Member, Another year has gone by and we are having our yearly election of our Board. T he current ballot is: Maureen Burroughs — President Kathleen Shatto — Vice President Terry Burroughs - Treasurer Toni Doyle — Secretary Devin Maxwell — Design Director Linda Woloski — Volunteer Director Bridgette Waldau - Arts and Culture Director Promotional Director — Donna Huth Our general membership meeting for this election is Wednesday, April 23`d at the Brahma Bull Restaurant at noon. We will still accept any other nominations at the meeting before the election. If you think you want to be involved, let us know. At this meeting we will also be saying good bye to Karen Hanawalt, our Program Manager. Karen has been in this position for fifteen months but she has another career opportunity to pursue. We will miss her and we thank her for her dedication to our organization. She will still be involved with us because she truly believes our organization makes a difference in our community. We will have reports from the committees so you can catch up on what we are working on and what we have planned. I hope to see you there. President Okeechobee Main Street www.mainstreetokeechobee.com CITY OF OKEECHOBE* FIRE DEPARTMENT STATUS REPORT 4/14/2008 TO: City Administrator Whitehall FROM: Herb Smith (Fire Chief) RE: March 2008 Status Report INCIDENTS Total of 81 Calls for March 2008 (see attached graph) PLAN REVIEWS (Chief Smith reviewed the following): * Okeechobee County Modular Replacement INSPECTIONS (Annual, New Business, New Owners, etc.) Lt. Baugh - (3) new business inspections. Lt. Hodges - (8) new business inspections and (3) re -inspections Assistant Chief Douglas- (4) new inspections and (1) re -inspection Chief Smith — (3) new businesses or new owners and (3) re -inspections Signed CO for Utah Apartments and Wal-mart water Kiosk SPECIAL INSPECTIONS * Conducted Fire Investigation on a shed fire (origin of fire undetermined) MEETINGS (Chief Smith attended the following): * Council TRC FD Staff Met with Mr. Irby and Lisa Blackman of Hospice (questions about Sprinkler System) FIRE PREVENTION & PUBLIC RELATIONS * Sent letter to Wendy's Corporation about updating their Fire Suppression Hood System * Implemented new forms for Fire Inspections involving Fire Extinguishers * Working with Pastor at Bethel Assembly on Fire Inspection * Discovered Airi Acres installed an access gate at their subdivision ( I contacted Tom Murphy to request access information and relayed this to the dispatcher) TRAINING * All personnel attend9asic training on Ladder truck conducte by Tim Kitchner. On going training continued though out the month. * Fire Crews conducted/participated in monthly in-house training through out the month utilizing the FETN training network and applying training in the field for practical exercises. * Firefighters conducted training on new replacement saw (K-12_ * Firefighters conducted EMS training * Declined a potential training burn request from a Roy Thomas. PERSONNEL * Probationary Firefighter Rodriquez is waiting to take his EMT State Exam STATION AND EQUIPMENT * Engine 6 lights had to be replaced * SCBA Air Bottles refilled by Lt. Hodges * Normal cleaning of station and equipment conducted * Generator running normal as scheduled * Preparing Ladder one for equipment (cleaning and repairing) * Received back-up bunker gear back from cleaning and have placed as spares for firefighters if needed * All vehicles and equipment fueled as necessary * Attack Hose placed on Ladder One PUBLIC RELATIONS * Local business owner requested information on fire extinguishers and emergency lighting * Issued burning permit for crew burning in the Industrial Park * Assisted owner of Crazy Mary's with questions regarding produce sells outside of business Code Enforcement * Focused on removing Basketball Goals blocking city roadways and properties in conjunction with the street department * Enforcing water restriction * Sent out BTR delinquencies (as of this date the city has collected at least $4,000.00 due to Code Officer Sterling's efforts to encourage compliance) Note: FD will be conducting hose testing in April Off site training on Ladder Truck in April Summary of proposed modification to Union Contract May 6, 2008 From Pagel: 2007 2©09 Section 3- The term "Cify" s1ka11 mean tke City of Okeechobee. Florida. From Page 5: ARTICLE 10 PROMOTIONS Section 9 — To be considered a candidate for a ranking of1`icer's position, the employee... From Page 6: ARTICLE 13 Pf s tC MPENSATION Section 1- Effective and retroactive to October 1.2007, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Classification Firefighter/EMT li7 % pay increase Lieutenant Firefighter/EMT 2.7 % pay increase Stands will be emended to ba regain unit employee's as described below Certification Per month Stipend: Instructor $20 Fire Inspector $20 Driver Engineer $20 USAR Team $20 Urban Search n Rescue Dive Rescue $20 Pre-existing: Assoc Degree $50 Bachelor Degree $110 r rom rage 7: ARTICLE 14 ANNUAL & SICK T '' • v cc^tion 1Annual and Sick Leave accrual shall be described as follows: Annual Leave: Less than 10 years of service - 12 hours per month 10 Years to 14 Years of service - 16 hours per month rr mnre of cwruire _ 22 hoursper month Maximum Accumulation/Payment: 295 hours r rom rage iz: ARTICLE 23 CONSOLID • IVTC,... �r nT'n A nTnsa-� Section 1- V during the term of edifence of this contract a private company applies to take over the services of Me City Fire Depaitiiient. or the County of Okeechobee and the City of Okeechobeenerotiale the consolidation of Me two departmenir a City skall negotiate the terms of #bat agreement by inetndinr a rearrest A& all then carrent Union firefighters within the City are carried over as MU fine enuVovees of die new entity From Page 13: ARTICLE 27 DURATION Section 1— This agreement shall be effective on the date of execution by both parties, and shall remain in full force until the 30'' day of September 209. Each party shall notify the other of its intent to renegotiate all or part of the Agreement on or before May 1, 200. note. 2 yr contract 0 CITY OF OKEECHOBEE Employee Payroll Stipends Study DATE: For May 6tk 2008 Meeting TO: City Council FR: City Administrator Below is a list of erlatins Certification T Per Month Total Employees Quaiised Cost per Month Total Annual Cost Additional Employer Cost vM47a1 year. Annualized Cost Fl14GE: Instructor $ 20.00 1 $ 20.00 $ 240.00 $ 18.36 $258.36 Fire Inspector $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 Driver Engineer $ 20.00 0 $ - $ - $ _ USAR Team $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 Urban Search n Resc Dive Rescue $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $775.08 $ 200.00 $ 2,400.00 S 183.60 $2,583.60 G:R(Note: Reimb by the State Firefighters Supplemental Compen4arion Pro 50.00 1 $ 50.00 $ 600.00 $ 45.90 $554.10 "bTot.1 110.00 $ $ - $ - $0.00 Amf $ 50.00 $ 600.00 $ 45.90 $554.10 $0.00 e $ 250.00 $ 3,000.00 $ 229.50 $2,770.50 POUM. Breathalyzer calibrator $ 20.00 2 $ 40.00 $ 480.00 $ 36.72 $ 516.72 Instructors examples: $ 20.00 $ _ $ $ _ Firearm, Defensive tactics, Pursuit driving,'Taser $ 20.00 5 $ $ 100.00 $ $ _ 1,200 00 _ $ $ 91.80 $ 1,291.80 Records management $ 20.00 2 $ 40.00 $ 480.00 $ 36.72 $ 516.72 POLICE EXISTING.• $ 80.00 9 $ 180.00 $ 2,160.00 $ 16524 $ 2,325.24 Associate $120max Bachelor de ee-$120max Career Dev Adv-$120max $ $ $ 30.00 80.00 20.00 4 4 12 $ $ $ 120.00 320.00 240.00 $ $ $ 1,440.00 3,840.00 2,890.00 $ $ $ 110.16 293.76 220.32 $ $ $ 1,550.16 4,133.76 3,100.32 E-tngBadgdedAerts S 680.00 $ 8,160.00 $ 624.24 $ 8,784.24 Sub Total Police Dept$ 860.t10 $ 10,320.00 1 $ 789.48 $ 11,109.48 : Records management $ 20.00 $ - $ - $ - $ Certified Municipal Clk Master Municipal Clk $ $ 20.00 20.00 1 $ $ 20.00 $ 240.00 $ $ $ 18.36 $ 258.36 $ Busir>ess Tax Cart Accr.Assoc Procurement $ $ 20.00 20.00 1 $ $ 20.00 $ 240.00 $ $ $ 88.36 $ 258.36 $ Cert. Procurement $ 20.00 $ _ $ _ $ $ Secretarial Dev Cert. Sub Total General Staff $ 20.00 1 $ $ 20.00 60.00 $ 240.00 $ 720.00 $ $ 18.36 55.08 $ 258.36 $ 775.08 ��niuera Associate's &Vft 30.00 1 $ 30.00 $ 360.00 $ 27.54 $ 387.54 Bachelor's degree 80.00 $ - $ - $ $ Spanish fluent $ 20.00 3 $ 60.00 $ 720.00 $ 55.08 $ 775.08 Sub Total Other $ 00.00 $ 1,080.00 $ 82.62 $ 1,162.62 Betty J. Clement Weeks of: arch 13 2008 th rough General Services Coordinator April 14, 2008 Activity Sheet Building Department - Independent Inspections, Ltd. X Received the forms. Not very user friendly. All must be notarized. X State Farm picked up and paid for building permit and impact fees. X Permits have been issued to the county for temp. building across from old courthouse. X Issued 32 permits in this time period, 5 of which were BTR's. We have 3 outstanding BTRs at the present time, X Received building permit for the Hampton Inn. Waiting on the final agreement with the Post Office on the shared part of their parking lot. X Southeast Milk has submitted permits for their new building and extension of existing building. X IIL has been working with Code Dept. on issues of excessive signage, condemned/should be condemned buildings and other related building Dept. issues. Zoning/Land Use/Special ExceptionsNariances - The April Planning Board Meeting will hear 1 small scale land use petition to change from SF to C for David and Anita Nunez for Northeast 7th Street. One rezoning 701 Southwest Park Street from CBD to IND for a billboard for Mary Ann Newcomer-Tuten, Both were recommendation of denial by the City Planner. One SE for a drive through and outside storage for 920 Northwest Park Street for Bridges Nursery, with approval recommendation by the City Planner. Also the PB will be recommending to CC the Public School Facilities Element, Comprehensive Plan, Intergovernmental Coordination Element, Comprehensive Plan and the Capital Improvements Element, Comprehensive Plan. Technical Review Committee — TRC meeting for April will hear one application for site plan review for Muhammad Nooruddin for a new physical therapy facility and professional office with parking for property on Northeast 12th Street. Also final analysis of the Park Street Business Center preliminary plat review to be presented to CC in May. There are two pending, Bridges Nursery which is waiting on the SE hearing at the PB on April 17 and Okeechobee Professional Plaza awaiting landscaping plans and fee. General Services — Working up information and statistics of building permits for possible contract negotiation with IIL.. Working with Fred on Code issues. We now have written communication and a procedure for pulling the code dept and the zoning/building dept together. Patty Burnett - General Services Secretary, started with the City February 19th. ♦ very organized ♦ works well with the citizens ♦ quickly picks up on tasks ♦ pleasant personality ♦ very good at multi -tasking ♦ gets along well with co-workers Temporary Use Permits — One temporary use permit application was issued for a yard sale at the Brahman Theatre for the AME Church last Saturday. Also Pastor Gene Rodenberry stopped by the office to check with me on Bike night at Beefs. He reported that he was in charge and would speak tot he manager of Beefs regarding Temp. Use Permit. Bids — Completed bid for Commerce Parks Lakes and had bid opening April 9th at 1:00 p.m., to be presented to CC April 15th. Public Works Department —Assisting Donnie as necessary with payables, a -mails and faxes, activity reports, utility permits and tractor and truck proposals. CITY OF OKEECHOBEE 2008 Overlay program ITEMI DESCRIPTION 1 SE 6th Avenue, SR 70 to 4th Street 2 SE 6th Avenue, 4th Street Total Run::—:i 3 SE 17th Street, 441 E 4 NE 8th Avenue, SR 70 to End 1800' + 50' R cul-de-sac 5 SW 5th Drive from 5th Avenue to SW 21st Street 6 SW 13th Street, 441 to 3rd Avenue 7 SW 6th Avenue, 4th Street to 5th Street 8 SW 10th Drive from 11th Street to 15th Street 9 SW 15th Street from 441 to 3rd Avenue 10 SW 14th Street from 441 to 2nd Avenue 11 SW 7th Avenue from 21st Street to ci limits 12 SE 5th Street 441 to 2nd Avenue 13 SE 10th Street from 9th Avenue to 8th Drive 14 SE 12th Street from 9th Avenue to 8th Drive 15 SE 13th Street from 9th Avenue to 8th Drive 16 SW 11th Avenue 6th to 11th Street 17 SW 11th Street from 441 to 2nd Avenue 18 NW 10th Street from 9th Avenue to 10th Avenue 19 SE 8th Ave from SE 8th St to SE 15th St 20 NE 4th LN; NE 9th Ave & NE 4th Ct 21 SW 6th St from S. 10th Ave to 11th Ave 22 SW 12th St from 441 to 2nd Ave t25 SW 5th St from SW 5th St to SW 7th Ave SW 7th Ave Park St to 9th St SW 11th St from 10th Ave to 1MSt 26 SW Park from SW 7th Ave to 27 NE 5th Ave from SR 70 to NE 28 SW 5th Ave from SW 15th St t29 SW 6th Ave from SW 8th St to Total *Est cost per sq yd - $7.01 29-Apr-08 LENGTH I WIDTH I SQ. YD. I COST 1250 950 375 21 21 21 2916 $ 20,412.00 2216 $ 15,512.00 875 $ 6,125.00 $ 29,400.00 1800 1070 21 20 4200 2378 1556 822 3000 1556 733 2066 793 $ 66,646.00 $ 10,892.00 $ 5,754.00 $ 21,000.00 $ 10,892.00 $ 5,131.00 $ 14,462.00 $ 5,551.00 700 20 370 20 1350 20 700 20 330 20 930 20 340 21 1235 21 2881 $ 20,167.00 625 20 20 1389 1611 $ 9,723.00 $ 11,277.00 725 1950 21 4550 $ 31,850.00 340 21 793 $ 5,551.00 730 20 1622 $ 11, 354.00 30 00 21 7000 $ 49,000.00 1200 21 2800 $ 19,600.00 750 21 1750 $ 12,250.00 340 21 793 $ 5,551.00 700 20 1555 $ 10,885.00 2965 21 6918 $ 48,426.00 600 20 1333 $ 9,331.00 1985 24 5293 $ 37,051.00 700 21 1633 $ 11,431.00 2700 21 6300 $ 44,100.00 330 20 733 $ 5,131.00 720651 $ 504,455.00