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2019-05-21496 OF'OKF LL T p r� *791s� CITY OF OKEECHOBEE MAY 219 2019, REGULAR CITY COUNCIL MEETING 55 SF 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 1 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor May 21, 2019, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES Invocation given by Associate Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica M. Clark Council Member Bob Jarriel Council Member Bobby Keefe City Attorney John R, Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Finance Director India Riedel IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the May 21, 2019, Regular City Council Meeting to order at 6:04 P.M. The invocation was given by Associate Pastor Jim Dawson of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Absent (with consent) Present Present Present Present Present Present Present Present Present Present Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda; New Business Item 1X.l. was added. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. MAY 21, 2019 - REGULAR MEETING - PAGE 2 OF 9 497 AGENDA V. PROCLAMATIONS AND PRESENTATIONS A. Present a Certificate of Appreciation to Mr. Elbert Batton for his service on the Planning Board, Board of Adjustment, and Design Review Board. B. Proclaim the month of May 2019 as "National Mental Health Awareness Month.,, VI. MINUTES - City Clerk A. (Motion to dispense with the reading and approve the Summary of Council Action for the May 21, 2019, regular meeting. COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford presented Mr. Elbert Batton with a Certificate of Appreciation that read as follows: "The City of Okeechobee recognizes the Valuable Contribution of Community Involvement and Hereby Extends this Expression of Grateful Appreciation to Elbert Batton for Faithful Service as a Dedicated Member Appointed to the Planning Board, Board of Adjustment, and Design Review Board January 7, 2015 to April 30, 2019." Mr. Batton, accompanied by his wife Monica, graciously accepted the accolade and thanked the Council for the opportunity to serve the community. May was proclaimed as National Mental Health Awareness Month. The Proclamation was presented by Mayor Watford to Mrs. Pat McCoy and Mrs. Amanda Riedel with the Children's Mental Health System of Care, and Ms. Tiara Weethee with Suncoast Mental Health Center, and read into the record as follows: "Whereas, mental health is essential to everyone's overall health and wellbeing; and Whereas, everyone experiences times of stress and struggles in their lives; and Whereas, suicide is the tenth leading cause of death in the United States, the second leading cause of death for people aged 10-34; and Whereas, prevention is an effective way to reduce the burden of mental health conditions; and Whereas, open dialogue is an essential component to fight stigma and encourage those who might benefit from services to seek help; and Whereas, there is strong research that suggests animal companionship, humor, spirituality, religion, recreation, social connections, and work -life balance, can help all Americans protect their health and well-being; and Whereas, community understanding and available supports and services can greatly impact a person's ability to handle their stress and struggles and move forward; and Whereas, promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and increased lifespan; and Whereas, the City of Okeechobee recognizes the impact of awareness and education, access to services and acceptance of the importance of mental health and well-being to a person's overall success and supports the implementation of trauma informed approaches throughout the systems of care. Now Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of May 2019 as `Mental Health Awareness Month'." Council Member Jarriel moved to dispense with the reading and approve the Summary of Council Action for the May 7, 2019, regular meeting; seconded by Council Member Keefe. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAY 21, 2019 - REGULAR MEETING - PAGE 3 OF 9 AGENDA VII. WARRANT REGISTER - City Administrator A. Motion to approve the April 2019 Warrant Register: General Fund..........................................................................$511,010.12 Public Facilities Improvement Fund ........................................$ 44,508.31 Capital Improvement Projects Fund ....................................... $ 12,805.40 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read by title only, proposed Ordinance No. 1184 regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93-feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, Plat Book 5/Page 5 and located in the 200 block South of Northwest 5th Street from Commercial Professional Office to Public Use - City Planning Consultant (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1184 by title only 2.a) Motion to adopt proposed Ordinance No. 1184. b) Public comment. COUNCIL ACTION - DISCUSSION - VOTE Council Member Keefe moved to approve the April 2019 Warrant Register in the amounts: General Fund, five hundred eleven thousand, ten dollars and twelve cents ($511,010.12); Public Facilities Improvement Fund, forty-four thousand, five hundred eight dollars and thirty-one cents ($44,508.31); and Capital Improvement Projects Fund, twelve thousand, eight hundred five dollars and forty cents ($12,805.40); seconded by Council Member Jarriel. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:16 P.M. Council Member Abney moved to read by title only, proposed Ordinance No. 1184, regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93-feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, Plat Book 5/Page 5, [Public Records of Okeechobee County] and located in the 200 block South of Northwest 5th Street [with an address of 403 Northwest 2nd Avenue] from Commercial Professional Office (CPO) to Public Use (PUB); seconded by Council Member Jarriel. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT .IARRIEL — YEA KEEFE — YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1184 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE TO PUBLIC USE ZONING DISTRICT (PETITION NO. 99-003-R); AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." Council Member Jarriel moved to adopt proposed Ordinance No. 1 184; seconded by Council Member Abney. Mayor Watford noted that Planning Consultant Ben Smith was not required to be in attendance by the City; his presentation during the first reading on May 7, 2019, was sufficient. The Planning Board recommended approval of Petition No. 19-003-R at their April 18, 2019, meeting and found it to be consistent with the Comprehensive Plan. Planning Stafif's findings are as follows: MAY 21, 2019 - REGULAR MEETING - PAGE 4 OF 9 FA•• KAMM AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comment on proposed Ordinance No. 1184 continued. c) Disclosure of Ex-Parte Communications' by Mayor and Council d) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE 1. The proposed rezoning is not contrary to Comprehensive Plan requirements as the subject property is designated Public Facilities on the City's Future Land Use Map (FLUM), and PUB is the only zoning district specifically cited as appropriate for this designation. 2. The proposed use, being a new government building for the County property appraiser, tax collector and driver's license offices, is specifically authorized in the PUB zoning district. 3. The proposed use will not have an adverse effect on the public interest, rather combining all three government offices into one modern building adjacent to the Judicial Complex should be a benefit. 4. The public facility proposed for the subject property is compatible with the surrounding uses, which are predominantly commercial and professional offices, and is not contrary or detrimental to urbanizing land use patterns. The property to the immediate North is designated Commercial on the FLUM and zoned CPO with an existing use of a fitness gym and offices. To the East is Commercial on the FLUM, zoned Heavy Commercial with an existing use of retail sales and offices. To the South is Commercial on the FLUM, zoned CPO, and is the Church of Our Saviour. To the West is Commercial and Single Family Residential on the FLUM, zoned CPO with the existing use being offices and a home. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. 6. The proposed use is unlikely to generate any nuisances or hazards to the neighborhood, as the new development will meet the minimum setback and landscape buffer standards. 7. The proposed use will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, as it is located one block West of North Parrott Avenue and three blocks North of North Park Street. Flooding or drainage will be required to meet the stormwater management standards of City Code Section 78-101; public safety should not be affected. 9. The proposed use has not been inordinately burdened by unnecessary restrictions, Mayor Watford asked whether there were any comments from the public; there were none. Mr. Bill Royce and Ms. Jennifer Busbin from Okeechobee County Planning and Development were in attendance. There were no comments or questions offered from the Council. There were twenty notices mailed to surrounding property owners, three signs posted on the property, and it was published in the newspaper as required. The City has not received any correspondences or phone calls on the proposed Rezoning. Mayor Watford asked Council Members to disclose for the record any ex-parte communication (any communications, site visit, investigation, and/or expert opinions) regarding the Petition; there were no responses offered. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. CLOSE PUBLIC HEARING 11 MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:18 P.M. 500 MAY 21, 2019 a REGULAR MEETING a PAGE 5 OF 9 AGENDA IX. NEW BUSINESS A. Consider the Summer Meeting Schedule (cancel June 4 and July 2 regular meetings) and consider conducting a Strategic Plan Workshop - City Clerk (Exhibit 2). B. Motion to approve the sale of City Lots 17, 17A, and 17B, OKEECHOBEE COMMERCE CENTER, to Karl Davis and/or Assignees (Exhibit 3). C. Consider a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019, through June 14, 2019, from 8:00 A.M. to 1:00 P.M. daily, closing Southwest 4th Street between Southwest 5th and 6th Avenues - City Administrator (Exhibit 4). COUNCIL ACTION - DISCUSSION a VOTE Clerk Gamiotea provided a memorandum as Exhibit 2 explaining Staff is recommending the City Council consider having one regular meeting for the months of June and July; and provided a date for the Strategic Planning Workshop to be held. The Budget Workshops are tentatively being scheduled with the regular August meetings and will be presented with the Annual Budget Calendar for the Council to consider at a later date. Council Member Keefe moved to approve the proposed Summer Meeting Schedule, cancelling the meetings of June 4, 2019, and July 2, 2019; and schedule a Strategic Planning Workshop for July 9, 2019, at 3:30 P.M. seconded by Council Member Jarriel. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to approve the sale of City Lots 17, 17A and 17B, OKEECHOBEE COMMERCE CENTER [Plat Book 7/Pages 10 through 14, Okeechobee County Public Records], to Karl Davis and/or Assignees [for the amount of $120,000.00]; seconded by Council Member Keefe. Administrator MontesDeOca explained the Council approved a Contract for the same property and amount at the January 15, 2019, meeting. However, due to the amount of time it took for Mr. Davis' Attorney to clarify the additional terms set by the City, and to complete their due diligence, the closing date expired. The new Contract includes the same price, five-year development and first right of refusal clause with an anticipated closing date on or before September 27, 2019. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Abney moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019, through June 14, 2019, from 8:00 A.M. to 1:00 P.M. daily, closing a portion of Southwest 4th Street between Southwest 5th and 6th Avenues; seconded by Council Member Jarriel. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAY 21, 2019 - REGULAR MEETING - PAGE 6 OF 9 501 AGENDA IX. NEW BUSINESS CONTINUED D. Motion to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with Florida Department of Transportation in the amount of $334,951.00 for construction on Southwest 5th Avenue from South Park Street to South of Central Elementary - City Attorney (Exhibit 5). E. Update on acquiring Primitive Baptist Church property, Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, and located at 1003 Southwest 3rd Avenue - City Attorney. COUNCIL ACTION - DISCUSSION - VOTE Council Member Keefe moved to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with the Florida Department of Transportation (FDOT) in the amount of $334,951.00 for [widening and repaving] construction on Southwest 5th Avenue from South Park Street to South of Central Elementary School [the 600 block of Southwest 5th Avenue]; seconded by Council Member Jarriel. Attorney Cook read proposed Resolution No. 2019-03 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM STATE FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $334,951.00 IN THE CONSTRUCTION ON SOUTHWEST 5r" AVENUE, FROM SOUTH PARK STREET TO SOUTH OF CENTRAL ELEMENTARY SCHOOL PROJECT, PROVIDING FOR THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION AND EXECUTED AGREEMENTS TO FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Administrator MontesDeOca explained the City submitted for this grant for resurfacing and signage prior to Hurricane Irma. Mayor Watford asked whether this would fix the drainage problem in front of the First Baptist Church; Administrator MontesDeOca replied yes. Council Member Keefe asked whether the final plans would be approved by the Council and suggested adding beautification to the area with possible roundabouts at intersections to help with traffic; Administrator MontesDeOca responded historically no. However, when he and Public Works Director Allen meet with FDOT regarding minor changes to the project, he would inquire whether additions could be made to the project. Mayor Watford provided insight on previous Council discussions of a roundabout at South Park Street and 5th Avenue. Due to the expense of purchasing the extra property needed, the project was abandoned. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Many years ago, the subject property addressed as 1003 Southwest 3rd Avenue and legal description being Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, Okeechobee County Public Records, was deeded from Peter and Louisianna Raulerson to the Primitive Baptist Church. After filing bankruptcy in 2015, the Church sold all of their assets in Florida. The deed for the subject property has a clause that reverted the property back to Mr. and Mrs. Raulerson or their heirs, which prevented it from being sold. This is one of the City's first families and there are numerous heirs. Many have continued to reside in Okeechobee and expressed their interest in donating the property to the City. Since the taxes were not paid in 2016 or 2017, a tax certificate was purchased by and issued to Capital One Bank as assignee for TLGF, a company located in San Diego, California. 502 MAY 21, 2019 - REGULAR MEETING - PAGE 7 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION — VOTE 11 IX. NEW BUSINESS CONTINUED E. Update on acquiring Primitive Baptist Church property, Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, and located at 1003 Southwest 3rd Avenue continued. F. Motion to dispose of obsolete and surplus equipment, 2003 ATR Stalker Handheld Radar, and donate to Hendry County Sheriff's Office - Police Chief (Exhibit 6). G. Conduct annual evaluation of City Attorney John Cook. At the May 7, 2019, meeting the Council instructed Attorney Cook to research the steps necessary to purchase the Primitive Baptist Church property. Attorney Cook explained he and Finance Director Reidel have been working with the County Tax Collector on the process to acquire this property due to delinquent property taxes. The City still has the opportunity to bid on the 2018 tax certificate and he explained the process. He has also made contact with the 2016 and 2017 tax certificates holder. The paperwork has been prepared and is waiting for action by the Council. Mayor Watford expressed his support for moving forward with the attempt to obtain this property as it is of great historic value. In the past, the City has chosen not to take action on other historical buildings which resulted in them being demolished; he does not want this to happen to this building. Council Member Keefe stated he did not want the City to delay moving forward with acquiring the property, which he considers to be of great significance to the City. Council Member Keefe moved to authorize the Mayor to participate in the bidding process for the 2018 tax certificate sale of the subject property with an interest rate of zero; second by Council Member Jarriel. Attorney Cook confirmed that the Council's action is making a sustainable purchase to serve a municipal purpose for the best interest of the citizens, as provided in Florida Statute Chapter 166; that purpose being preservation of a historical building. Mr. Noel Chandler, a descendent of Mr. and Mrs. Raulerson, was in attendance. _ VOTE: Y WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Council Member Jarriel moved to dispose of obsolete and surplus equipment, one 2003 ATR Stalker Handheld Radar, and donate it to the Hendry County Sheriff's Office; seconded by Council Member Keefe. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. As provided in Attorney Cook's contract, each year the Mayor and Council Members complete an evaluation on his performance. The individual final scores totaled 15.812 divided by 5 evaluators provided a final average score of 3.1624 out of 5.0, providing a final rating of Satisfactory. With this final rating, Attorney Cook's annual salary will be increased by any percentage the Council may adopt as a Cost of Living Allowance effective October 1, 2019. Mayor Watford reminded everyone that meetings can still be scheduled to review their evaluation with him. The evaluations are filed in Mr. Cook's Contract for Services; a copy of each are also made part of the official minute file. MAY 21, 2019 - REGULAR MEETING - PAGE 8 OF 9 503 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 IX. NEW BUSINESS CONTINUED H. Conduct annual evaluation of City Administrator Marcos Montes De Oca. ITEM ADDED TO AGENDA: I. Motion to approve the purchase of a new 80 kilowatt Cummins generator from Newmans Power Systems in the amount of $24,300.00 - City Administrator (Exhibit 7). X. COUNCIL COMMENTS A. Mayor Watford. B. Council Member Abney. Administrator MontesDeOca's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. The individual final scores totaled 21.625, divided by 5 evaluators provided a final average score of 4.325 out of 5.0, providing a final rating of Good. With this final rating, Administrator MontesDeOca's annual salary will increase one step effective October 1, 2019. Mayor Watford reminded everyone that meetings can still be scheduled to review their evaluation with him. The evaluations are filed in Mr. MontesDeOca's personnel file; a copy of each are also made part of the official minute file. Council Member Keefe moved to approve the purchase of a new 80 kilowatt Cummins (C80 N6120/240 241 amps) Generator from Newmans Power Systems (of Fort Pierce, Florida) in the amount of $24,300.00 (as recommended by Staff); seconded by Council Member Abney. The current 85 kilowatt generator was damaged due to a vehicle crashing into it while trying to flee law enforcement. Newmans is the company who installed and has maintained the current generator since 2002 with no issues. The replacement has been approved by the City's liability insurance company in the amount of $23,300.00 (purchase price less the $1,000.00 deductible). This generator provides emergency power to City Hall and the Fire Department. The Administrator would like to move forward with this purchase due to hurricane season quickly approaching and there being a four to six week lead time for delivery. The quote includes delivery of the generator per specifications listed in Exhibit 7, crane work to remove damaged generator and set new one, start up, testing, and warranty initiation. A separate invoice from Jim Davis Electric for electric work is not included. Additional quotes were obtained with similar amounts. The Florida Sheriff's Association cooperative bid website did not provide the same manufacturer; generators of similar kilowatt were listed higher in price. The existing transfer switch will not be replaced as it is compatible, and the propane tank will be removed as the new generator will be powered by natural gas. The discussion then turned to the cost of the City connecting to natural gas; there is a $75.00 connection fee with an approximate cost of $33.00 per month. WATFORD — YEA JARRIEL — YEA Mayor Watford offered no comment. Council Member Abney offered no comment. C. Council Member Clark. 11 Council Member Clark was absent. VOTE: ABNEY — YEA KEEFE — YEA CLARK — ABSENT MOTION CARRIED. MAY 21, 2019 - REGULAR MEETING - PAGE 9 OF 9 AGENDA X. COUNCIL COMMENTS CONTINUED D. Council Member Jarriel. E. Council Member Keefe. XI. ADJOURNMENT - 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. 1l Dowling R. Wat d Jr., ayor COUNCIL ACTION - DISCUSSION - VOTE Council Member Jarriel offered no comment. 1. Council Member Keefe expressed the evaluation format for the Attorney and Administrator is inadequate for the level of personnel; they should require more in depth detail and observation. He asked whether the form could be updated for next year. Mayor Watford asked Clerk Gamiotea to research what other municipalities use, and present an amended form at a future Council meeting. 2. Council Member Keefe asked for the discussion of attorney services or the future needs of attorney services be added to the next agenda. He continued by stating based on the amount of new items the Council is pursuing, it is his perception that the workload is more than the attorney's position (contract) allows for. He also recommended Attorney Cook provide a presentation during this time to get a better understanding of services he provides the City. Attorney services may need to include more than the current contract allows. Council Member Abney stated since it was for discussion purposes only, he had no objections; Council Member Jarriel agreed. Mayor Watford stated he did not think it was necessary. With a majority in agreement, the item will be on the June 18, 2019, agenda. 3. Council Member Keefe explained on June 18, 2015, the Planning Board reviewed and discussed proposed historic preservation regulations with Planning Staff. The outcome of that discussion was to recommend the City Council create a historical preservation commission charged with identifying criteria and locating properties to be considered historical and to provide a vehicle for preservations on a volunteer basis. The matter was not presented to the Council. He suggested the City dust off the proposal and get it back on track to be adopted, and requested discussion on a future agenda. Currently, the City does not have a say in what happens to historic buildings. The Mayor and Council noted their agreement for this. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 7:06 P.M. The next regularly scheduled City Council meeting will be June 18, 2019, at 6:00 P.M. 'Per Resolution No. 1997-05, City Officials must disclose BEFORE the vote is taken: any communication received, site visits, or investigations made, including the identity of the person, group, or entity; any written communication received, and read aloud if not received by the Mayor and all Council (Members; any expert opinions received. Persons who have opinions contrary to those expressed during the ex-parte disclosure are to be given reasonable opportunity to refute or respond. INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t at the attached copy of advertisement being a ri l W-k Cs in the matter of AkQjA 1-\�A in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Lake 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. Katrina Elsken Sworn to and subscribed before me this I 'ice' day of 11\-Cv � I C' AD Notary Public, State of Florida at Large A Lake Okeechobee. News 107 SW 17th Okeechobee;, -Florida 349.7�4 863 A6 "-3134 cr t3TYOFOKEECiOBEE PUt3M Nt7rl]CE arycouNQLMEETING NOTICELSHEREBYGrVEN etthe❑LyCnudrorft 1' fOl-10 e wi mndcY a �r mae04cn T— May 21, 2019, 6 Pb4. a as soon them as at Q� Ftal, 55 SE 3M A�,e, Rm 2W0' OFxednbe� R.. The pJ* k fx�i and smirac,�ed h� a'E d. T. rda neY be obmG�ed Vdyo riobm= a by G ft the Otfioe ci the Oty Pdni dmbm 863-763-332 e� ANY tPF7)9M DOING TO APPEAL any ded l- made by the t3y Caarol wth marl In any rtatla mncde� atth5 rneNt g vYa need tD err sue a vabaffn record —foe p ooeadrg made and the nanrd Frldes the 1' and evid�� vAich the a�I val be b N aoo>nfa� wth the Anertmsvdh DEab6les Ad (Alan), ar*/ wih a dtY as ddr ad by the AL14 that needs special �i to h tlrls �mrdadthe�y OaksOlfi�nobter#wh%vbAEsda&/sNx xj, 863.76333T2 e#. 9314. BEADVLS✓�thatsM�iiyouFtsdtnshvvarydooami p'due velar a tens fo the Coed h s�po taopposlim to a y tem m the a�r�i, a Mofthe he %beq, a trm K)ST be pvAcled to the City ANGIE BRIDGES MY COMMISSION #FF976149 �= EXPIRES:AprI120,2020 Bor6dTtvu"PubkUnden bre IV CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 MAY 21, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: May 21, 2019, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Associate Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Wes Abney Council Member Monica Clark Council Member Bob Jarriel Council Member Bobby Keefe Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. PAGE 1 OF 3 May 21, 2019 PAGE 2 of 3 V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Certificate of Appreciation to Mr. Elbert Batton for his service on the Planning Board, Board of Adjustment, and Design Review Board. B. Proclaim the month of May 2019 as "National Mental Health Awareness Month." VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the May 7, 2019 regular meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the April 2019 Warrant Register. General Fund $511,010.12 Capital Improvement Projects Fund $ 44,508.31 Public Facilities Improvement Fund $ 12,805,40 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.1.a) Motion to read by title only, proposed Ordinance No. 1184 regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93 feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, PB 5/PG 5 and located in the 200 block south of NW 5th Street from Commercial Professional Office to Public Use — City Planning Consultant (Exhibit 1). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 1184 by title only. 2.a) Motion to adopt proposed Ordinance No. 1184. b) Public comment. c) Disclosure of Ex-Parte Communications' by Mayor and Council. d) Vote on motion. CLOSE PUBLIC HEARING May 21, 2019 PAGE 3 of 3 IX. NEW BUSINESS A. Consider the Summer Meeting Schedule (cancel June 4 and July 2 regular meetings) and consider conducting a Strategic Plan Workshop — City Clerk (Exhibit 2). B. Motion to approve the sale of City Lots 17, 17A, and 17B, Okeechobee Commerce Center, to Karl Davis and/or Assignees (Exhibit 3) C. Consider a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019 through June 14, 2019 from 8:00 a.m. to 1:00 p.m. daily, closing SW 4th Street between SW 5th and 6th Avenues — City Administrator (Exhibit 4) D. Motion to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with FDOT in the amount of $334,951.00 for construction on SW 5th Avenue from South Park Street to south of Central Elementary — City Attorney (Exhibit 5). E. Update on acquiring Primitive Baptist Church property, Lots 9-12 of Block 8, SOUTH OKEECHOBEE, PB 1/PG 12, and located at 1003 SW 3rd Avenue — City Attorney Motion to dispose of obsolete and surplus equipment, 2003 ATR Stalker Handheld Radar, and donate to Hendry County Sheriffs Office — Police Chief (Exhibit 6). G. Conduct annual evaluation of City Attorney John Cook. H. Conduct annual evaluation of City Administrator Marcos Montes De Oca. X. COUNCIL COMMENTS - Mayor XI. ADJOURN MEETING - Mayor 'Per Resolution No. 1997-05, City Officials must disclose, BEFORE the vote is taken: any communication received, site visits, or investigations made, including the identity of the person, group, or entity; any written communication received, and read aloud if not received by the Mayor and all Council Members; any expert opinions received. Persons who have opinions contrary to those expressed during the ex-parte disclosure are to be given reasonable opportunity to refute or respond. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you intend to show any document, picture, video, or items to the Council in support or opposition to any item on the agenda, a copy of the document, picture, video, or item must be provided to the City Clerk for the City's records. City of Okeechobee, May 21, 2019 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on May 21, 2019, at 3:04 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. OPENING CEREMONIES: The invocation given by Associate Pastor Jim Dawson, First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dc.wling R. Watford, Jr. Present , Council Member Wes Abney Present Councii Member Monica Clark Absent kat continuing education conf"eren(,e-Orlando) Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral, or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. New Business Item IX. I was added. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment; there were none. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Certificate of Appreciation to Mr. Elbert Batton for his service on the Planning Board, Board of Adjustment, and Design Review Board. In appreciation to Mr. Elbert Batton for volunteering to serve on a citizen, Mayor Watford presented him with a framed Certificate of Appreciation that read as follows: "The City of Okeechobee recognizes the Valuable Contribution of Community Involvement and Hereby Extends this Expression of Grateful Appreciation to Elbert Batton for Faithful Service as a Dedicated Member Appointed to the Planning Board, Board of Adjustment, and Design Review Board January 7, 2015 to April 30, 2019." Mr, Batton, accompanied by his wife, Monica, graciously accepted the accolades; he did not request to be reappointed at the end of his term, which sunset April 30, 2019. B. Proclaim the month of May 2019 as "National Mental Health Awareness Month." May was proclaimed as National Mental Health Awareness Month. Page 1 of 8 V.B. Proclaim the month of May 2019 as "National Mental Health Awareness Month" CONTINUED." The Proclamation was presented to representatives from the Children's Mental Health System of Care, Suncoast Mental Health Center- Ms. Weethee [spelling], and New Horizons of the Treasure Coast and Okeechobee: Pat McCc [rep which group?], Amanda Riedel Hibiscus Children's Center [rep which group?] Mayor Watford and read into the record as follows: "Whereas, mental health is essential to everyone's overall health and wellbeing; and Whereas, everyone experiences times of stress and struggles in their lives; and Whereas, suicide is the tenth leading cause of death in the United States, the second leading cause of death for people aged 10-34; and. Whereas, prevention is an effective way to reduce the burden of mental health conditions; and Whereas, open dialogue is an essential component to fight stigma and encourage those who might benefit from services to seek help; and Whereas, there is strong research that suggests animal companionship, humor, spirituality, religion, recreation, social connections, and work -life balance, can help all Americans protect their health and well- being; and Whereas, community understanding and available supports and services can greatly impact a person's ability to handle their stress and struggles and move forward; and Whereas, promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and increased lifespan; and Whereas, the City of Okeechobee recognizes the impact of awareness and education, access to services and acceptance of the importance of mental health and well-being to a person's overall success and supports the implementation of trauma informed approaches throughout the systems of care. Now Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of May 2019 as 'Mental Health Awareness Month'." VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the May 7, 2019 regular meeting. Council Member Jarriel moved to dispense with the reading and approve the Summary of Council Action for the May 7, 2019, Regular meeting; seconded by Council Member Keefe. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. VII. WARRANT REGISTER — City Administrator A. Motion to approve the April 2019 Warrant Register. General Fund $511,010.12 Public Facilities Improvement Fund $ 44,508.31 Capital Improvement Projects Fund $ 12,805.40 Council Member Keefe moved to approve the April 2019 Warrant Register in the amounts: General Fund, five hundred eleven thousand, ten dollars and twelve cents ($511,010.12); Public Facilities Improvement Fund, forty-four thousand, five hundred eight dollars and thirty-one cents ($44,508.31); and Capital Improvement Projects Fund, twelve thousand, eight hundred five dollars and forty cents ($12,805.40); seconded by Council Member Jarriel. There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. Page 2 of 8 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:1r, P.M. A.1.a) Motion to read by title only, proposed Ordinance No. 1184, regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93 feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, PB 5/PG 5 and located in the 200 block south of NW 5th Street from Commercial Professional Office to Public Use — City Planning Consultant (Exhibit 1). Council Member Abney moved to read by title only, proposed Ordinance No. 1184, regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee. County, to rezone the North 93 feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, Plat Book 5/Page 5, [Public Records of Okeechobee County] and located in the 200 Block South of Northwest 5th Street (with an address `of 403-Northwest 2n� Avenue) from Commerciat Professional Office to Public Use; seconded by Council Member Jarriel. b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1184 by title only. Attorney Cook read proposed Ordinance No. 1184 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE TO PUBLIC USE ZONING DISTRICT (PETITION NO. 19-003-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDED FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1184. Council Member Jarriel moved to adopt proposed Ordinance No. 1184; seconded by Council Member Abney. b) Public comment. Mayor Watford noted that Planning Consultant Smith was not required to be in attendance by the City, his presentation during the first reading on May 7, 2019, was sufficient for this Petition. The Planning Board recommended approval of Petition No. 19-003-R at their April 18, 2019, meeting and found the Petition to be consistent with the Comprehensive Plan. Planning Staffs findings are as follrnpis: [BJ — be sure to numerate the items as they are on the planning staff report, and combine the surrounding area description with the appropriate number *refer to Petition #19-002-R minutes for guidance*] The proposed Rezoning is consistent with the, Comprehensive Plan. The subject property is designated Public Facilities (PUB) on the Future Land Use Map (FLUM). The request involves a zoning change to PUB, which is the only zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated PUB on the FLUM. Public Facilities and uses are the only permitted uses in the PUB zoning district. The proposed use is a government office building for the County Property Appraiser, Tax Collector and Driver's License offices. The proposed use will not have an adverse effect on the public interest; is the most appropriate for the subject property; will be compatible with the surrounding uses which are predominantly professional offices and commercial; would not adversely affect property values or living conditions on adjacent or nearby properties; will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area; and has not been inordinately burdened by any unnecessary restrictions. Page 3 of 8 VIII. A.2. b) Ord 1184, Public comment continued. The peak use times for the adjacent church are weekends, presumably when this proposed government building will be closed. The property to the immediate North is designated Commercial on the FLUM and zoned Commercial Professional Office (CPO) with the use being professional offices; to the East is designated Commercial on the FLUM and zoned Heavy Commercial (CHV) with the use being retail and office; to the South is designated Commercial on the FLUM and zoned CPO with the use being that of a parking lot for a church; and to the West is designated Commercial and Single Family Residential on the FLUM and zoned CPO with the use being that of offices and a single family residence. The new development will meet the minimum setback and landscape buffer standards. Any new construction will be required to meet the storm water management standards and government offices should not create any threats to public safety. Mayor Watford asked whether there were any comments from the pudic; there were none. Mr. Bill Royce and Ms. Jennifer Busbin from Okeechobee County Planning and Development were in attendance. Comments/questions from Council? None. C) Disclosure of Ex-Parte Communications' by Mayor and Council. Mayor Watford asked Council Members to disclose for the record whether they had spoken to anyone else regarding the Petition or visited the site. No one offered responses. d) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. MAYOR WATFORD CLOSED THE PUBLIC HEARING A T 6:18 P.M. IX. NEW BUSINESS A. Consider the Summer Meeting Schedule (cancel June 4 and July 2 regular meetings) and consider conducting a Strategic Plan Workshop — City Clerk (Exhibit 2). Council Member Keefe moved to approve the proposed Summer Meeting Schedule, cancelling the meetings of June 4, 2019, and July 2, 2019; schedule a strategic planning workshop for July 9, 2019 @3:30 P.M. seconded by Council Member Jarriel. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — ABSENT MOTION CARRIED. B. Motion to approve the sale of City Lots 17, 17A, and 17B, Okeechobee Commerce Center, to Karl Davis and/or Assignees (Exhibit 3) Council Member Jarriel moved to approve the sale of City Lots 17, 17A and 17B of the Okeechobee Commerce Center, to Karl Davis and/or Assignees [for the amount of $120,000.001; seconded by Council Member Keefe. MDO - Same 3 Lots we've approved, had several questions, answered their questions. Closing by or before Sept 27, 2019. Abney — new or old business since we've seen it 2 other times? MDO - since other contract expired its actually a new contract. DW — can he resell? Abney/Cook — 5 yrs... read section 23 of the contract included in exhibit 3. Page 4 of 8 IX. B. Sale of City Lots 17, 17A, and 17B, Commerce Center, to Karl Davis and/or Assignees CONTINUED. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. C. Consider a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019 through June 14, 2019, from 8:00 A.M. to 1:00 P.M. daily, closing Southwest 4th Street between Southwest 5th and 6th Avenues - City Administrator (Exhibit 4). Council Member Abney moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for'Vacation Bible School on June 10, 2019, through June 14, 2019, from 8:00 Aff"to 1:00 P.M. daily, closing Southwest 41h Street between Southwest 5th and 6th Avenues; seconded by Council Member Jarriel, VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. D. Motion to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with Florida Department of Transportation (FDOT) in the amount of $334,951.00 for construction on Southwest 5th Avenue from South Park Street to South of Central Elementary — City Attorney (Exhibit 5). Council Member Keefe moved to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with the Florida Department of Transportation (FDOT) in the amount of $334,951.00 for [widening and repaving] construction on Southwest 5th Avenue from South Park Street to South of Central Elementary; seconded by Council Member Jarriel, Attorney Cook read proposed Resolution No. 2019-03 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM STATE FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $334,951.00 IN THE CONSTRUCTION ON SOUTHWEST 5T" AVENUE, FROM SOUTH PARK STREET TO SOUTH OF CENTRAL ELEMENTARY SCHOOL PROJECT, PROVIDING FOR THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION AND EXECUTED AGREEMENTS TO FDOT; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." MDO — submitted for grant a few times, before IRMA, resurfacing, signage, more than initial request. DW — know there's been an issue in front of FBC with drainage for a while, that will fix this, hate to resurface road & have it cave in again? MDO yes. BK — do the final plans come back to the council to approve? What about possible beautification, roundabouts, number of intersections along 5th Ave that would benefit the by having additional traffic calming/stop signs, I've ran the stop sign a 6th street & 5th ave be accident. MDO — historically no (on council approve plans) were meeting with DOT on several items, even looking at adding bike lanes, don't know about adding to the plans, we can ask, funds will be the same, so if we can fit it in the budget they've set. BK — (held up �rihat looks to be a copy of a site clan of this project) asked has everyone seen this?, council replied yes. [BJ — obtain a copy of the site plan, Lane will official request a copy of what was submitted for the grant application] DW — we've discussed in the past about having a roundabout at 5th and South Park several years ago, purchasing the extra property was the issue due to expense. Drainage very important to get done. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE— YEA MOTION CARRIED. Page 5 of 8 IX. E. Update on acquiring Primitive Baptist Church property, Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, located at 1003 Southwest 3rd Avenue - City Attorney. JC — made contact w cert holder in CA. received some inaccurate info from him. He thought we didn't need his participation to .... Not the case. Still have opportunity to contact company, prepared letters and exhibit to fed ex in the morning ..... Between $6-7,000 authorize mayor to execute the bid online, proposal with interest rate, someone lower you can go back in, lowest interest rate gets it, 10% deposit down, fin prepared to send check tomorrow, send fed ex, when called 2 wks ago, he called me back within 5 minutes, hopeful he's willing to deal with us, only way we can do it. DW — supported by previous councils to obtain. Great historic value, several descendants stated they would want the city to have it. Bid on current tax deed. Doesn't mean cant deal with them after the tax deed but it wouldn't be the amount for the tax deed. BK — back to 2015 hearing about this property, significant piece in our city, don't want to delay or push back. I went down to the tax collectors office the day after last 6198 2016 & 2017 current has them 2015 can close on them at any time, asked if someone came in and paid off the $6,198.08 for taxes owed and that would be it. Wants clarification to what India worked on. Conflicting to what the tax collector said. JC — heard both ways too. I went down and told it could not be done. Time short, prepared to send check tomorrow, they said do not bring check we cannot accept it. DW — yrs ago did same thing you did (BK) told one thing by the clerk and told one thing and tax collector herself and told another and its confusing, don't know correct answer, if we don't do something were going to lose it. Is this the right thing to do I don't know, at least get our foot in the door to have a standing, how much don't know have attempted to do something, lost many historical structures and not done anything, opportunity to do something, long way to do at least doing something. Dilma know, what do we want to do. Spoke with attorney about this, because we thought like you we could go pay the taxes, we are certain we can bid on that tax certificate, if we don't do that we won't have a chance at all. If you want to do that, need a Motion to authorize mayor to participate in the tax certificate for 2018. JC — amount under threshold admin can expend. Include to purchase 2016 and 2017, admin can authorize. BK — after financial part is there a way to contact the heirs? DW — every heir has to be contacted. If we get the tax deed, we then have to run a notice and if there's an heir that objects, we're done then. BK — So even after getting tax deed, have to Council Member Keefe moved to authorize the Mayor to participate and bid for the 2018 tax certificate sale for the subject property and if successful, administrator to make the payment to the tax holder for 2016 and 2017, second by Council Member Jarriel. Abney — make sure tax collector's office understands what we're doing as well and make sure we can proceed with this. JC — chap 197 FS under redeeming tax cert any person can redeem a tax cert at any time, they are telling us it doesn't mean that. WA — redeeming it, you're paying it for the original owner. JC — every action has to be sustainable to serve a municipal purpose for the best interest of the citizens. Trying to acquire property with a building we've been told is structurally sound. WA — do we need to approve the interest percentage? Lowest gets it, take it to 0. Jarriel — worth the effort with the possible outcome. BK — worst case scenario .... DW — we did obtain access to the building and given permission, Officer, and PwDir in very good condition. Structure itself was in good condition. (Noel Chandler, a descendent of Peter Raulerson was present). Page 6 of 8 IX. E. Update on acquiring Primitive Baptist Church property, Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, located at 1003 Southwest 3rd Avenue CONTINUED. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA CLARK — ABSENT MOTION CARRIED. F. Motion to dispose of obsolete and surplus equipment, 2003 ATR Stalker Handheld Radar, and donate to Hendry County Sheriff's Office — Police Chief (Exhibit 6). Council Member Jarriel moved to dispose of obsolete and surplus equipment, 2003 ATR Stalker Handheld Radar, and donate to Hendry County Sheriffs Office; seconded by Council Member Keefe. Bob — usually on the other end of these, nice to do this, we do not use this one any longer. DW — very little value. WATFORD — YEA JARRIEL — YEA VOTE: ABNEY — YEA KEEFE — YEA G. Conduct annual evaluation of City Attorney John Cook. CLARK — ABSENT MOTION CARRIED. As provided in Attorney Cook's employment services contract, each year the Mayor and Council Members complete an evaluation on his employment performance. Mayor Watford received the evaluations. The individual final scores totaled 15.812 divided by 5 evaluators provided a final average score of 3.1624 out of 5.0, final Rating of Satisfactory.. With this final rating, Attorney Cook's annual salary will be increased by any percentage the Council may adopt as a Cost of Living Allowance effective October 1, 2019. Mayor Watford reminded everyone that if they have not met with the attorney to review their evaluation, they could still schedule that. The evaluations are filed in the attorney's contract for services file, a copy of each are made part of the official minute file. H. Conduct annual evaluation of City Administrator Marcos Montes De Oca Administrator MontesDeOca's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Watford requested Clerk Gamiotea tally all the scores. The individual final scores totaled 21.625, divided by 5 evaluators provided a final average score of 4.325 out of 5.0, final rating of Good. With this final rating, Administrator MontesDeOca's annual salary will increase one step effective October 1, 2019. Mayor Watford reminded everyone that if they have not met with the administrator to review their evaluation, they could still schedule that. The evaluations are filed in the administrator's contract/personnel file, a copy of each are made part of the official minute file. ITEM ADDED TO AGENDA: I. Motion to approve the purchase of a new 80KW Cummins generator from Newman's Power systems in the amount of $24,300.00 — City Administrator (Exhibit 7). Council Member Keefe moved to approve the purchase of a new 80KW Cummins generator from Newman's Power systems in the amount of $24,300.00; seconded by Council Member Abney. MDO — know I hate add-ons, just found out today our insurance company is ready to cut the check $23,300.00. Checked sheriff bid, its more than the quote from Newman's, this is the same company who installed it and has provided maintenance for the last 18 yrs. Transfer switch adding, and some cost savings, natural gas, getting rid of tank for safety issues, we're 4-6 weeks out for delivery and starting hurricane season, want to get this going. Page 7 of 8 IX. I. approve the purchase of a new 80KW Cummins generator from Newman's Power systems in the amount of $24,300.00 CONTINUED. PRM will tell us how to handle the disposing. WA - transfer switch? Change it at same time or? MDO — already have a newer digital one. WA - as long as its compatible, if they are recommending to leave as is then okay. MDO — yes they are. WA — we're changing this out to natural gas, where's the line? D Allen — they have assured us its available to bring across the street from the VNA [address?]. WA- for how much? MDO-- $75 connection fee is what we were told, then $33/mth thereafter. DW — natural gas available during/after hurricanes? MDO - Yes. DW - agree get it done with hurricane season here. VOTE: WATFORD — YEA ABNEY — YEA CLARK — ABSENT JARRIEL — YEA KEEFE — YEA MOTION CARRIED. X. COUNCIL COMMENTS A. Mayor Watford B. Council Member Abney none. C. Council Member Clark absent. D. Council Member Jarriel none. E. Council Member Keefe I saw Gary Ritter earlier today, invited to attend, he said he'd stay at home. 1. Evaluations, inadequate for the level of personnel we're evaluating, executive level evaluations require much more than what we have, more in depth detail, observation, need to be updated for next year for executive level for next year. DW — checking with other cities and find evaluation forms — Clerk agreeable to present the item at a future council meeting. 2. BK — request for next city council meeting, an agenda item to discuss city attorney services, the future needs of city attorney services, looking at amount of new items with this city council, workload, my perception the workload is more than his position allowed for. Cook seems to think I do not understand what all he does here at the city, I recommended a presentation so we can have a better understanding. Direction we are going in with city services and may need to include more than this position is currently providing for. , DW — next agenda, who's in favor? WA it's only for discussion so sure. BJ - yes. Watford — no, don't think it's necessary. Clark is absent. 3. BK - since we're talking historical topics, Jun 18, 2015 proposed to the council to create a historical ordinance and submit to the city council. Like to dust that proposal off and get back on track to get adopted. Request for a future agenda to have a discussion on adopting a historical preservation/commission and guidelines, without them we don't have a say. DW — everyone in agreement? Yes. XI. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 7106 P.M. Page 8 of 8 City of Okeechobee, May 21, 2019 Meeting Minutes taken during the meeting by Bobbie Jenkins CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on May 21, 2019, at 6:00 P.M. in the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974. II. OPENING CEREMONIES: The invocation given by Associate Pastor Jim Dawson, First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford, MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watfc,d, Jr. Present Council Member Wes Abney Present Council Member Monica Clark Absent (at continuing education conference) Council Member Bob Jarriel Present Council Member Bobby Keefe Present City Attorney John R. Cook Present City Administrator Marcos MontesDeOca Present City Clerk Lane Gamiotea Present Deputy City Clerk Bobbie Jenkins Present Fire Chief Herb Smith Present Police Chief Bob Peterson Present Public Works Director David Allen Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda. New Business Item IX.I., Exhibit 7 B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor Mayor Watford asked whether there were any comment cards presented for public comment. Nbfl u V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Certificate of Appreciation to Mr. Elbert Batton for his service on the Planning Board, Board of Adjustment, and Design Review Board. Mayor Watford presented Mr. Elbert Batton with a Certificate of Appreciation that read as follows: "The City of Okeechobee recognizes the Valuable Contribution of Community Involvement and Hereby Extends this Expression of Grateful Appreciation to Elbert Batton for Faithful Service as a Dedicated Member Appointed to the Planning Board, Board of Adjustment, and Design Review Board January 7, 2015 to April 30, 2019." Page 1 of 16 V. PROCLAMATIONS AND PRESENTATIONS CONTINUED B. Proclaim the month of May 2019 as "National Mental Health Awareness Month." May was proclaimed as National Mental Health Awareness Month. The Proclamation was presented to representatives from the Children's Mental Health System of Care, Suncoast Mental Health Center, andeasttr� Saast-and Okeechobee by Mayor Watford and read into the record as follows: "Whereas, mental health is essential to everyone's overall health and wellbeing; and Whereas, everyone experiences times of stress and struggles in their lives; and Whereas, suicide is the tenth leading cause of death in the United States, the second leading cause of death for people aged 10-34; and Whereas, prevention is an effective way to reduce the burden of mental health conditions; and Whereas, open dialogue is an essential component to fight stigma and encourage those who might benefit from services to seek help; and Whereas, there is strong research that suggests animal companionship, humor, spirituality, religion, recreation, social connections, and work -life balance, can help all Americans protect Their health and well-being; and Whereas, community understanding and available supports and services can greatly impact a person's ability to handle their stress and struggles and move forward; and Whereas, promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and increased lifespan; and Whereas, the City of Okeechobee recognizes the impact of awareness and education, access to services and acceptance of the importance of mental health and well-being to a person's overall success and supports the implementation of trauma informed approaches throughout the systems of care. Now Therefore, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby p oclaim the month of May 2019 as `Mental Health Awareness Month'." a� I11CGtle� ; Stcncnas�- �1'Y Ud6t 6*1 t4ibiscw ehfldrerls Cenf�r' Mtn+4J Gua_L h pr"iders in 58c1?oolslouts ide G��uus VI. MINUTES - City Clerk U 4 A. Motion to dispense with the reading and approve the Summary of Council Action for the May 7, 2019 regular meeting. Council Member � moved to dispense with t ading and approve the Summary of Council Action for the May 7, 2019, Regular meeting; seconded by Council MemberlD� There was no discussion on this item. VOTE: WATFORD — YEA ABNEY — YEA JARRIEL — YEA KEEFE — YEA VII. WARRANT REGISTER - City Administrator A. Motion to approve the April 2019 Warrant Register. General Fund $511,010.12 Public Facilities Improvement Fund $ 44,508.31 Capital Improvement Projects Fund $ 12,805.40 Council Member U moved to approve the April 2019 Warrant Register in the amounts: General Fund, five hundred eleven thousand, ten dollars and twelve cents ($511,010.12); Public Facilities Improvement Fund, forty-four thousand, five hundred eight dollars and thirty-one cents ($44,508.31); and Capital Improve Projects Fund, twelve thousand, eight hundred five dollars and forty cents ($12,805.40); seconded by Council Member. VOTE: WATFORD — YEA ABNEY — YEA C JARRIEL — YEA KEEFE — YEA Page 2 of 16 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor TIME: I 0, G I-P A.1.a) Motion to read by title only, proposed Ordinance No. 1184, regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93 feet of Lots 1 to 6 of Block 107, CITY OF OKEECHOBEE, PB 5/PG 5 and located in the 200 block south of NW 5th Street from Commercial Professional Office to Public Use — City Planning Consultant (Exhibit 1). Council Member W h moved to read by title only, proposed Ordinance No. 1184, regarding Rezoning No. 19-003-R submitted by Bill Royce of Okeechobee County, to rezone the North 93 feet of Lots 1 to 6 of Block 107, CITY OF OKEECI;OBEE, Plat Book 5/Page 5, [Public Records of Okeechobee County] and lo:.ated in the 200 Block South of Northwe� Street (403 Northwest 2nd Avenue) from Commercial Professional Office to Public Use; seconded by Council Member . b) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA C L A R K —JOr — YEA KEEFE — YEA ��MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1184 by title only. Attorney Cook read proposed Ordinance No. 1184 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE TO PUBLIC USE ZONING DISTRICT (PETITION NO. 19-003-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1184. Council Member � moved to adopt proposed Ordinance No. 1184; seconded by Council Member b) Public comment. As discussed during the first reading at the May 7, 2019, Council meeting, the Planning Board recommended approval of Petition No. 19-003-R at their April 18, 2019, meeting and found the Petition to be consistent with the Comprehensive Plan. Planning Staff's findings are as follows: The proposed Rezoning is consistent with the Comprehensive Plan. The subject property is designated Public Facilities (PUB) on the Future Land Use Map (FLUM). The request involves a zoning change to PUB, which is the only zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated PUB on the FLUM. Public Facilities and uses are the only permitted uses in the PUB zoning district. The proposed use is a government office building for the County Property Appraiser, Tax Collector and Driver's License offices. The proposed use will not have an adverse effect on the public interest; is the most appropriate for the subject property; will be compatible with the surrounding uses which are predominantly professional offices and commercial; would not adversely affect property values or living conditions on adjacent or nearby properties; will not create a density pattern that would overburden public facilities, create traffic congestion, or create an inappropriate density pattern in the area; and has not been inordinately burdened by any unnecessary restrictions. The peak use times for the adjacent church are weekends, presumably when this proposed government building will be closed. The property to the immediate North is designated Commercial on the FLUM and zoned Commercial Professional Office (CPO) with the use being professional offices; to the East is designated Commercial on the FLUM and zoned Heavy Commercial (CHV) with the use being retail and office; to the South is designated Commercial on the FLUM and zoned CPO with the use being that of a parking lot for a church; and to the West is designated Commercial and Single Family Residential on the FLUM and zoned CPO with the use being that of offices and a single family residence. The new development will meet the minimum setback and landscape buffer Page 3 of 16 standards. Any new construction will be required to meet the storm water management standards and government offices should not create any threats to public safety. No Pc- JWYA (�Mkp i� /ya,,u r�w+ E ouratiQamA?s c) Disclosure of Ex-Parte Communications' by Mayor and Council. Mayor Watford asked Coun ic�l Memlbefs to disclose for the record whether they had spoken to anyone else regarding the �01 �, Petition or visited the site. d) Vote on motion. VOTE: WATFORD — YEA ABNEY — YEA JARRIEL — YEA KEEFE — YEA ` r CLOSE PUBLIC HEARING AT I� P.M. IED. Page 4 of 16 IX. NEW BUSINESS A. Consider the Summer Meeting Schedule (cancel June 4 and July 2 regular meetings) and consider conducting a Strategic Plan Workshop — City Clerk (Exhibit 2). Appre he proposed Summer Meeting Schedule, cancelling the meetings of June 4, 2019, and July 2, 2019; Motion& 2nd I/I} -A-L4J Consider conducting a strategic planning workshop for July 9, 2019 @ P.M. Motion a2nd No issues an NO PC, VOTE: WATFORD — YEA ABNEY — YEA CLARK -)(L< JARRIEL — YEA KEEFE — YEA OTION CARS Page 5 of 16 - — - B. Motion to approve the sale of City Lots 17, 17A, and 1713, Okeechobee Commerce Center, to Karl Davis and/or Assignees (Exhibit 3) Council Membetmoved to approve the sale of City Lots 17, 17A and 17B of the Oke o ee Commerce Center, to Karl Davis and/or Assignees [ for the amount of $120,000.00]; seconded by Council Member g17719,�u bm-sl ws 6y Od"' un� � VOTE: WATFORD — YEA ABNEY — YEA CLARK — JARRIEL — YEA KEEFE — YEA OTION ARRiED,� Page 6 of 16 C— C. Consider a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019 through June 14, 2019, from 8:00 A.M. to 1:00 P.M. daily, closing Southwest 4th Street between Southwest 5th and 6th Avenues - City Administrator (Exhibit 4). Council Member MA moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee for Vacation Bible School on June 10, 2019, through June 14, 2019, from 8:00 to 1:00 P.M. daily, closing Southwest 4th Street between Southwest 5th and 6th Avenues; seconded by Council Member AA�W VIbS- VOTE: WATFORD — YEA ABNEY — YEA CLARK-- (-E-A, M JARRIEL — YEA KEEFE — YEA OT10N CARRIED. D. Motion to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with Florida Department of Transportation (FDOT) in the amount of $334,951.00 for construction on Southwest 5th Avenue from South Park Street to South of Central Elementary — City Attorney (Exhibit 5). Council Member W moved to adopt proposed Resolution No. 2019-03, authorizing a Small County Outreach Program Grant Agreement with the Florida Department of Transportation (FDOT) in the amount of $334,951.00 for [widening and repaving] constr t' on Southwest 5th Avenue from South Park Street to South of Central Elementary; seconded by Council Member. Attorney Cook read proposed Resolution No. 2019-03 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM STATE FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $334,951.00 IN THE CONSTRUCTION ON SOUTHWEST 5T" AVENUE, FROM SOUTH PARK STREET TO SOUTH OF CENTRAL ELEMENTARY SCHOOL PROJECT, PROVIDING FOR THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION AND EXECUTED AGREEMENTS TO FDOT, PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Moo- a ppwom- b - 6&,o IMA PbfktIS1 Of - map wkt�'" aqWV. D ►ss� �,� �r �60 J M6. X S ��- tuo) s Gus os I,Uli2QU.l YPSIl�'tQU� a/ ? mpg �s� hD? 0Infb b�lce la ve s� pCL� ��6 %u I,�k I✓1 �JQQ.0 it �. ra ttod ��GUS k�C�flc —3 # of iu.�crsecfion s � � �tk� Cuu �fra /�cl% hfha,�r�t ns S�ssP: moo- nUnq w1 Fl�o� I,U/e�xq" Dw-di scuwrF�'an°in WATFORD — YEA JARRIEL — YEA ABNEY — YEA KEEFE — YEA CLARK — ION CARRIED. T"M Page 7 of 16 E. Update on acquiring Primitive Baptist Church property, Lots 9 through 12 of Block 8, SOUTH OKEECHOBEE, Plat Book 1/Page 12, located at 1003 Southwest 3rd Avenue - City Attorney. JC- wad M Ca�, beldff od . �� t Gt� d �c f d raj b ul Aaf IG (a se. W pUpS.-_Maig�nis Pliag 20 I (o ZG1O -7 o e��Y� 2.08 pfcho 51 Co aov -7 BUD. � 90at"yi - sw cap—, �o / app rov. h,&EI &Je 00 Y&V tv�s � S s�� aq',u'r' G u-ndam-s Wacd c lug ��rnUs1io�►S w'eAM�r�v� o �k r 6 aD n j W".. - - paj 66?� �-()Ibl -Fared©Vd)-Q'•odi Il�� S�dw I ( 06W Lt. To- R6 b to N- i a �� -. I Q � Cc.,r•1- � -� o o-A 26 )� �MI-fDYsko I @ems W 1► I � 1 , �w v�-t T A 1-►I�1nY� M d o 2� &A&Ak 2bI(� ►� f joa ; axe �,R&M 51' 15Do- 00 rat r a b� - ,Puy i r �x nahCud ILK din �► � �u� - �� -�ha,� j& QR+ ,hot jaw A0 Eqt WATFORD — YEA JARRIEL — YEA ABNEY — YEA KEEFE — YEA Page 8 of 16 CLARK—M M'f)VVj TION CARRIE� F. Motion to dispose of obsolete and surplus equipment, 2003 ATR Stalker Handheld Radar, and donate to Hendry County Sheriff's Office — Police Chief (Exhibit 6). Council Member K)U moved to dispose of obsolete and surplus eg�{{I ent, 2003 ATR Stalker Handheld Radar, and donate to HendCounty Sheriff's Office; seconded by Coun it Member) � bp- 966d ; �e_ able _tp f9drr&. V " k#&_UQA.c 1 VOTE: WATFORD — YEA ABNEY — YEA CLARK — JARRIEL — YEA KEEFE — YEA TION CARRIED. G. Conduct annual evaluation of City Attorney John Cook. As provided in Attorney Cook's employment services contract, each year the Mayor and Council Members complete an evaluation on his employment performance. Mayor Watford received the evaluations. The individual scores totaled , divided by 5 evaluators giving an avggragp score of out of 40.0, then dividing by eight for the number of questions provided a final average score of 3. 2 out of 5.0. With a satisfactory evaluation, Attorney Cook's annual salary will be increased by any percentage the Council may adopt as a Cost of Living Allowance effective October 1, 2019. I s s wl - ern Mat 4 �d &0) W / Pl&� �is�ar► � C a.�'-�c�c�-� �,rrc� an nv �tf l� 161 M Do or c am. Page 9 of 16 H. Conduct annual evaluation of City Administrator Marcos Montes De Oca Administrator MontesDeOca's employment services contract provides for an annual evaluation of his employment performance by the Mayor and Council. Mayor Watford received the evaluations. The individual scores totaled , divided by 5 evaluators giving an average score of out of 40.0, then dividing by eight for the number of questions provided a final average score of out of 5.0. A satisfactory evaluation provides a salary step increase effective October 1, 2019. Page 10 of 16 ITEM ADDED TO AGENDA - I. Motion to approve the purchase of a new 80kw Cummins generator from Newmans Power Systems in the amount of $24,300.00 — City Administrator (Exhibit 7). �K- 2Ad — w�' m oo - � � e �p-e. Sh.�'tii�s {�t� CY1OYO-). I"I-IA wa-rs �"gwaV-��Il d, Adj mr1ruchrar, � I -cad fi ►n.v3 /0- mmd Mluye gas s -75 �iv� �e,►� r�caa' -k Waj, -) vam WOWS J 6Y 04 INS--�rc�s�er 90chau racvrnrnmdccf T n d¢�,v mcl sNP,� �vtai.• wblP,Y� 1 S (.liufd om I i n.Q ? V i Cl n.��"vj a� rP 0- h6WU F-P o-, pW- oNm,I" "}�'wvucc�v��. VOTE: WATFORD — YEA ABNEY — YEA CLARK — JARRIEL — YEA KEEFE — YEA MOTIWC-ARM Page 11 of 16 ---- X. COUNCIL COMMENTS B. Council Member Abney Page 13 of 16 X. COUNCIL COMMENTS C. Council Member Clark A bse m- Page 14 of 16 X. COUNCIL COMMENTS D. Council Member Jarriel M, Page 15 of 16 X. COUNCIL COMMENTS E. Council Member Keefe /� r dMd tw V I Eu&am�inad�u�e�� l�4�yms ri I-e+rel r�u�.r'Q rvlclre �n c�e(� vb�cvvo.�cm. a.l.� rOKcuss (!� �-t� �r►ems - lbacl� 4posoad Was Wt1w 6aJUVJ far C�vc� bard. f'vz bey,+ � cc.� Chas e�t�°c�e� akd k) p(J fba nod A &I Ut �0�� by)s Ids `g� lU1 b po. �I �IC YP ��5, OJT 5�ill)71 �S} PV S Fiik XI. ADJOURNMENT - Mayor — ' There being no further items on the agenda, Mayor Watford adjourned the meeting at �� P.M. Page 16 of 16 r vim` '/�: 'ems*�� r • �eP� :tf: �±�y • / , O�Itrl 1 t�` 'III' +O ' ► 1 `• i,� i��11Nt IH�.` / I`` Y • ' � P ,1 , QUO\ /6/ice of �: �t t� �.. ®�,v :+�eM1./ueir`•�"f • 7 7� -` fi►``. O`, �Olidur� �it�.:•��\ � iP,\;I selluNa _•b'�..h�`\ �. nn , , 144"k 0 rrl� I�A e°', •r.•/ The My of Okeechobee • (o g r r Valuable Contribution of Commun and Hereby r - '1 1; • 1 of Grateful Appreciatior Elbert Batto1r. o a) t (Seriffce ast' Dedicated Member Appointed to tt Planning Presented day 2019 h! e ��►� old Mayor and I I' Council of the oOkeechobee, I ': Alih �4In witness, hand ar. �„ IO�rO�� — . f M i►� .. 1 1 jr ° anew �.alSo�t 1:•��i.�srirr.�ue°. - Ie: `%: 1� � �eur-tents .`i��.\I"r V !alun►'a"s.`` �r '�©%; �,' �ewr xuer'::`oo:�: �i i� '.,a�o I/ r �mm�uni✓+ s`otr r r t"�./+ `.>s �.+.. ... ea^�wp p.r�► ip�.:� �sew '�.`m mr/t"��s�j•.•.< ,vrr ar��\ aoe a ey 4 �..; ei_.e_/,►."1`;:s ` - e /�I��a�:r ri/-ul ... �;ef��s�:`.+:e!'a a iv�Sti•'.� _::®..ili•'. _:!ve i f ia.',%`___—..N r.�i�'. �:1� i s /4F01,f/ "City of 01?�zoe®ko , Florida Of f ioQ of thQ City Qzrk May 16, 2019 Mr. Elbert Batton 2201 Southwest 28th Street, #43 Okeechobee, Florida 34974 Dear Mr. Batton: The City Council wishes to publicly thank you for your time while serving on the Planning Board/Board of Adjustment/Design Review Board and present a Certificate of Appreciation to you at the May 21, 2019, Council meeting; a copy of the agenda is enclosed. The meeting begins at 6:00 P.M. with your item being first under Presentations and Proclamations. This is also to advise you that you will need to complete and file the enclosed Verification of Public Records form with my office. We can handle this before the meeting if you bring it with you. The last item is for you to complete the enclosed Financial Disclosure Form 1 F (Final) within 60 days from April 30, 2019, the date your term sunset. Please mail or hand -deliver the completed form to the County Supervisor of Elections Office, 304 Northwest 2"d Street, Room 144, Okeechobee, Florida 34972. If you have any questions regarding these forms please do not hesitate to contact me. With best regards, I am Sincerely, &aaAu& Lane Gamiotea, CMC City Clerk LG/bj Enclosures (3) cc via email: Diane Hagan, Supervisor of Elections Dawn Hoover, Board Chair Patty Burnette, Board Secretary Gag filall e 55 &Cl. Third �9vvnug, Room 100 •OkvgehobQsz, Florida 30974-2903 • 863.763-3372 QXt. 9814 • Fax: 863.763.1686 • www.citgofokvizehob¢¢.com oheecoobee, Floyl6a WHEREAS, mental health is essential to everyone's overall health and wellbeing; and WHEREAS, everyone experiences times of stress and struggles in thcir. lives; and WHEREAS, suicide is the tenth leading cause of death in the United States, the second leading cause of death for people nged 10-34; and WHEREAS, prevention is an effective way to reduce the burden of mental health conditions, and WHEREAS, open dialogue is an essential component to fight stigma and encourage those who might benefit from services to seek help, and WHEREAS, there is strong research that suggests animal companionship, humor, spirituality, religion, recreation, soci4 connections, and work -life balance, can help all Americans protect their health and well-being, and WHEREAS, community understanding and available supports and services can greatly impact a person's ability to handle r their stress and struggles and move forward; and WHEREAS, promoting mental health and wellness leads to higher overall productivity, better educational outcomes, lower crime rates, stronger economies, lower health care costs, improved family life, improved quality of life and increased lifespan; and WHEREAS, the City of Okeechobee recognizes the impact of awareness and education, access to services and acceptance of the importance of mental health and well-being to a person's overall success and supports the implementation of trauma informed approaches throughout the systems of care. NOW THEREFORE, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor of the Cihj of Okeechobee, Florida, do hereby proclaim the month of May 2019 as "Mental Health Awareness Month." In witness whereof, on May 21, 2019, I have set my hand and caused this seal to be affixed. tea, CMC, City Clerk Run: 5/09/19 Page: -1 12:59PM City of Okeechobee Check Register Check Dates 4/01/19 thru 4/30119, Cash Account 001-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 39615 4/10/19 111.449,51 PAYR City Of Okeechobee Payroll Account 39616 4/11/19 225.12 BOA4 Bank of America - 0752 fka 9846 FD 39617 4/11119 814.11 BOAPW Bank of America - 2303 fka 9233 PW 39618 4/11/19 357.63 BOAADMIN Bank of America - 2709 fka 0257 Admin 39619 4/11/19 2,162.97 BOA2 Bank of America - 8540 39620 4/11/19 129.92 BOA-BERN Bank of America-3135 Bernst 39621 4/11119 518.94 HAYT Hayt, Hayt & Landau 39622 4/11/19 57,789.31 PRMG1 PRM - Health Insurance 39623 4/11/19 1,639.66 PRMG3 PRM - Life, LTD & STD 39624 4/11/19 2,427.31 PRMG3 PRM - Life, LTD & STD 39625 4/11/19 2,142.66 PRMG2 PRM - Vision & Dental 39626 4/11119 467.65 STATE FL State of Florida Disbursement Unit 39627 4/11/19 200.00 THOMAS Thomas Ardito 39628 4/11/19 200.00 TRNE Trevor Nelson 39629 4/16/19 225.76 ADVANCE Advance Auto Parts 39630 4/16/19 5.00 AMERD American Drilling Services, Inc. 39631 4/16/19 32.65 C&C C&C Industrial Enterprise. LLC - 39632 4116/19 3,620.88 CASGSLLCCAS Governmental Services, LLC 39633 4/16/19 39.25 CTFS CIT Technology Finance Service, Inc. 39634 4/16/19 1,900.00 CRI Carr, Riggs & Ingram, LLC 39635 4/16/19 16.63 CL - LD CenturyLink 39636 4/16119 10.00 PETT City Of Okeechobee - Petty Cash 39637 4/16119 42.00 CF CH City of Okeechobee - CH Coffee Fund - Ca 39638 4/16/19 700.00 CF PD City of Okeechobee - PD Coffee Fund - Ca 39639 4/16/19 107.60 COMCAST Comcast 39640 4/16/19 58.93 COMCAST Comcast 39641 4/16/19 153.04 COMCAST Comcast 39642 4116/19 165.00 CG&S Custom Graphics & Signs, Inc. 39643 4/16119 300.00 CLINC Custom Lifts fnc. 39644 4/16/19 443.84 DCA Department of Community Affairs 39645 4/16/19 582.95 DBPR Dept. of Business & Prof. Regulation 39646 4116/19 5.05 ELIS Eli's Western Wear Inc. 39647 4116/19 31.10 EFEC Everglades Farm Equip. Co., Inc. 39648 4/16119 792.00 HARRIS Harris Corporation 39649 4/16/19 35.00 HPC Highland Pest Control 39650 4/16119 36.95 ICS I.C.S. Computers Inc. 39651 4/16119 1,156. 79 I.M. I . M. S. 39652 4/16/19 103.24 IR India Riedel 39653 4/16/19 8,760.25 IRCL Indian River Crime Laboratory 39654 4116/19 3,500.00 LARD LaRue Planning & Mngmnt Services, Inc. 39655 4/16/19 136.00 LIFT LiftOff, LLC 39656 4/16119 600.00 MAPA Michael Adelberg, PA 39657 4/16/19 126.90 NFPA National Fire Protection Association 39658 4/16/19 560.00 NEAM New American Physical Therapy 39659 4/16/19 26.99 OREI O'Reilly Auto Parts 39660 4/16/19 240.00 OKFI Okeechobee Fitness Center 39661 4/16/19 71,144.00 PRM PRM - Property & Casualty 39662 4116/19 2,126.74 PVP PVP Communications 39663 4/16/19 150.00 RIRE Ricky Rescue Training Academy w 0 Run: 5/09119 Page: 2 12:59PM City of Okeechobee Check Register Check Dates 4/01/19 thru 4/30/19, Cash Account 001-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 39664 4/16/19 154.30 SHI SHllnternational 39665 4/16119 10,524.64 SATC Salem Trust Company 39666 4/16119 165.68 S101 Security 101 39667 4116/19 58.46 SFPL Sirchie Finger Print Laboratories 39668 4/16/19 975.68 SOLE Soler Automotive 39669 4/16/19 20.28 STLC St. Lucie Battery & Tire 39670 4/16/19 65.00 SUP Superior Water Works, Inc. 39671 4/16119 84.35 SUPP Supplyline 39672 4/16119 249.45 TAYR Taylor Rental - Okeechobee 39673 4116119 140.00 THRE Thread Works Embroidery, LLC 39674 4/16/19 4,103.36 TIZO Tire Zone of Okeechobee, Inc. 39675 4/16/19 210.00 TOTAL Total Fitness 39676 4/16/19 50.00 TRANSU TransUnion Risk & Alternative Data 39677 4/16/19 355.74 TCMA Treasure Coast Medical Associates 39678 4/16/19 245,85 TCN Treasure Coast Newspapers 39679 4116/19 34.00 TYLAN Tylander's Office Solutions 39680 4/16/19 324.63 VERI Verizon Wireless 39681 4/16/19 290.98 W&WL W & W Lumber Company of Okeechobee 39682 4116/19 4,676.94 WEXB WEX Bank 39683 4/16/19 31,239.46 WAST Waste Management Inc. of Florida 39684 4124119 117,838.17 PAYR City Of Okeechobee Payroll Account 39685 4125119 118.49 CTFS CIT Technology Finance Service, Inc. 39686 4/25/19 133.04 COMCAST Comcast 39687 4125/19 259.47 HAYT Hayt, Hayt & Landau 39688 4/25/19 976.25 HOME Home Depot Credit Services 39689 4/25/19 100.00 MD Mark Dupree 39690 4125/19 467.65 STATE FL State of Florida Disbursement Unit 39691 4125119 200.00 THOMAS Thomas Ardito 39692 4/25/19 100.00 TRNE Trevor Nelson 39693 4/25119 234.79 USB US Bank Equipment Finance 39694 4/25/19 223.92 PAYR City Of Okeechobee Payroll Account 39695 4/30/19 35.22 ADVANCE Advance Auto Parts 39696 4/30/19 34.00 ALHE Alexander Hernandez 39697 4/30/19 4.50 AMERD American Drilling Services, Inc. 39698 4130/19 649.36 AFLAC American Family Life Assurance Co. 39699 4/30/19 34.00 AUSTINBO Austin Bohn 39700 4/30119 40.81 AUTO SUP Auto Supply of Okeechobee, Inc. 39701 4/30/19 656,29 AVENU Avenu 39702 4/30/19 959.99 BULE Business & Legal Resources 39703 4/30/19 129.94 C&C C&C Industrial Enterprise. LLC 39704 4/30/19 211.00 CTFS CIT Technology Finance Service, Inc. 39705 4/30119 2,157.03 CL LOCAL Centuryl-ink 39706 4130/19 1,305.10 CITY City Electric Supply Co. 39707 4/30/19 414.30 C11 Communications International, Inc. 39708 4130119 34.00 DACO David Cortez 39709 4/30119 50.00 DAWN Dawn Hoover 39710 4/30/19 35.00 DOUG Douglas McCoy 39711 4/30/19 335.79 EGPI EGP, Inc. 39712 4/30119 171.41 EMCN EMC National Life Company Run: 5/09/19 Page: 3 12:59PM City of Okeechobee Check Register Check Dates 4/01119 thru 4130/19, Cash Account 001-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 39713 4130/19 35.00 ELBA Elbert Batton, Jr. 39714 4130/19 268.97 ELTR Eli's Trailer Sales 39715 4/30/19 35.00 FELIXGR, Felix Granados 39716 4/30/19 2,375.03 FPL Florida Power & Light Company 39717 4/30/19 10,372.24 GCB Gilbert Oil Company, Inc. 39718 4/30/19 55.50 GILOUT Gilbert Outdoors 39719 4/30/19 792.00 HARRIS Harris Corporation 39720 4130/19 113.90 ICS I.C.S. Computers Inc. 39721 4/30/19 128.48 IR India Riedel 39722 4/30/19 5,200.00 JCNEW JC Newell Coast. Inspect. Services, Inc. 39723 4/30/19 34.00 JEREMYCRJeremy Crews 39724 4/30/19 3,765.53 JOHN John R. Cook 39725 4/30/19 35.00 KARB Karyne Brass 39726 4130/19 77.75 LEGAL SH LegalShield 39727 4/30/19 35.00 LEMC Les McCreary 39728 4/30/19 238.41 LIBERTY Liberty National Life Ins. Co. 39729 4/30119 700.00 NEAM New American Physical Therapy 39730 4/30/19 313.08 NOVET Northlake Veterinary Hospital 39731 4/30/19 44.97 ORE] O'Reilly Auto Parts 39732 4/30/19 70.99 OKAR Okeechobee Army Surplus 39733 4/30/19 3,140.56 OKCO Okeechobee County - BOCC 39734 4/30/19 2,069.94 OKEENEW3Jkeechobee News c/o Independent Newspape 39735 4130/19 823.80 OUA Okeechobee Utility Authority 39736 4/30119 148.04 PF&PO Prof. Firefighters & Paramedics of Okee 39737 4/30/19 821.75 REIN Red Ink Printing 39738 4/30/19 35.00 RICHARDC Richard Chartier 39739 4/30/19 9.85 SHI SHllnternational 39740 4/30/19 10,556.22 SATC Salem Trust Company 39741 4/30/19 385.00 SOLE Soler Automotive 39742 4/30/19 168.00 SPRINT Sprint 39743 4/30/19 484.00 STLC St. Lucie Battery & Tire 39744 4/30/19 480.60 SUPP Supplyline 39745 4/30119 340.63 TAYR Taylor Rental - Okeechobee 39746 4/30/19 78.16 TR Thomson Reuters 39747 4130/19 592.84 TIZO Tire Zone of Okeechobee, Inc. 39748 4/30/19 2,667.00 TCMA Treasure Coast Medical Associates 39749 4130/19 523.91 TREASURETresure Coast Harley Davidson 39750 4/30/19 73.39 TYLAN Tylander's Office Solutions 39751 4/30/19 262.64 UNFC UniFirst Corp 39752 4/30/19 20.00 UNWA United Way 39753 4/30/19 2,010.00 VANT ICM Vantage Transfer Agents - 457 39754 4/30/19 103.12 W&WL W & W Lumber Company of Okeechobee 39755 4/30/19 187.17 WALMART Walmart Community/GECRB Total Printed 141 Checks 511,010.12 Run: 5109/19 Page: 1:OOPM City of Okeechobee Check Register Check Dates 4/01/19 thru 4/30/19, Cash Account 301-101.2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 3029 4/11/19 324.50 BOAPW Bank of America - 2303 fka 9233 PW 3030 4/16119 283.97 CWROBER-CW Roberts Contracting, Inc. 3031 4/16119 31.00 CITY City Electric Supply Co. 3032 4/16/19 1,097.00 DSS Dana Safety Supply, Inc. 3033 4/16/19 4,996.59 FPL Florida Power & Light Company 3034 4/16/19 2,660.00 JMCL JMC Landscaping Services, Inc. 3035 4/16119 2,266.00 USA USA Services of Florida, Inc. 3036 4116/19 22.71 W&WL W & W Lumber Company of Okeechobee 3037 4/25/19 477.60 HOME Home Depot Credit Services 3038 4/30/19 420.10 ES&B Econo Signs, LLC 3039 4/30119 35.94 SUPP Supplyline 3040 4/30/19 199.99 TAYR Taylor Rental -- Okeechobee Total Printed 12 Checks 12,805.40 Run: 5/09/19 1:OOPM City of Okeechobee Page: 1 Check Register Check Dates 4/01/19 thru 4130/19, Cash Account 304-101,2100 only, Including Reconciled Checks Number Date Amount Vendor Payee Voided 1722 4/11/19 50.60 CSTC Celeste Watford Tax Collector 1723 4/16119 4,756.64 OCFR Okeechobee County Fire Rescue 1724 4/16/19 1,190.40 SHI SHllnternational 1725 4/30/19 35,265.67 DSS Dana Safety Supply, Inc. 1726 4/30/19 3,245.00 SOCU Southern Custom Creations Total Printed 5 Checks 44,508.31 Exhibit 1 May 21, 2019 ORDINANCE NO. 1184 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFFESIONAL OFFICE TO PUBLIC USE ZONING DISTRICT (PETITION NO. 19-003-R); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDED FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Okeechobee County has heretofore filed Petition No. 19-003-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of approximately 0.64 acres from Commercial Professional Office to Public Use, and that this request be removed from the boundaries of the above mentioned Zoning District to allow for the processing of the rezoning Petition; and WHEREAS, said Petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the Applicant, that such Petition is consistent with the Comprehensive Plan; and WHEREAS, said Petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 18, 2019, determined that such Petition is consistent with the Comprehensive Plan and is appropriate with zoning uses within the City; and WHEREAS, the City Council agreed with the recommendation of the Planning Board and hereby finds Petition No. 19-003-R to be 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 consisting of approximately 0.64 acres, as the subject property, located in the City of Okeechobee, to -wit: THE NORTH 93 FEET OF LOTS 1 THROUGH 6, OF BLOCK 107, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property to be changed from Commercial Professional Office to Public Use. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1184 Page 1 of 2 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of May, 2019. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 215t day of May, 2019. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1184 Page 2 of 2 City of Okeechobee Date: ' O'fllh 5 d01�t Petition No. P� GG3 General Services Department Fee Paid: P P' Jurisdiction: jD8 t-Ll0 55 S.E. P Avenue, Room 101 Okeechobee, Florida 34974-2903 15 Hearin 2" ear Hin g' y- y�9 g Publication Dates: Pb .31514,'.;! L� C1 gar, Phone: (863) 763-3372, ext. 9820 Notices Mailed: �;`� r'' q Fax: (863) 763-1686 Rezone, Special Exception and Variance APPLICANT 1NFOPMATION 1 Name of property owner(s): 2 Owner mailing address: C l_ 3 4q 3 Name of applicant(s) if other than owner 4 Applicant mailing address: _ E-mail address: bco �l off. Us � � I�ICS�tt'1 C� CD- O'Kee( Gb'�e.fl.us 5 Name of contact person (state relationship): , 6 Contact person daytime phone(s): PROPERTY 114FORMATION Property address/directions to property: 7 1 .toy , CA--j Describe current use of property: g V .cyw - , �)ca.�!toVs� OQJZ �4.� b�( C.- MCn- R<10 G CA- j Qo\ , Describe improvements on property (number/type buildings, dwelling units , occupied or vacant, etc. N`\ c�naC ¢� vvi a_.. `oR AFL Vo�V\ S`n p A 9 Source of potable water: Method of sewage disposal: 0V„ a 10 Approx. acreage: .I, Is property in a platted subdivision? Is there a use on e property that is or was in violation of a city or county ordinance? If so, describe: 11'� 12 Is a pending sale of the property subject to this application being granted? 13 Describe uses on adjoining property to the North: North: pSK"QR_s East:ncAt Yv South: West:S, \Q. fro r+..�� cJ�`1: , CAS 14 Existing zoning: G�� Future Land Use classification:�� 15 Have there been any prior ningspecial exception, variance, or site plan approvals on the f0_\ property? i INo 3_T_y�s provide date, petition number and nature of approval. , ,bi Lai 16 Request is for: Rezone (___) Special Exception (__) Variance t, D 17 Parcel Identification Number: _kcS_ fl _ 3s - 00 \Q) - O\O`to - p oq o (Rev 2/2019) Page l of i l V/ v/ REQUIRED ATTACHMENTSr 18 Applicant's statement of interest in property: 0M4EP, Non-refundable application fee: Rezoning: $850 plus $30/acre; Special Exception: $500 plus $30/acre; Variance: $500 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B 19 When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 YY Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) Three property surveys (one no larger than 11x17) containing: a. Certified boundary survey, date of survey, surveyors name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject property. See 23 the Information Request Form from the Okeechobee Property Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the 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 denial of this application. Signature Printed Name Date \� o� cre- 3 it For questiq�ns relating to this application packet, call General Services Dept. at (863)-763-3372, Ext. 9820 (Rev 2/2019) Page 2 of 11 Legal Description The North 93 feet of Lots 1, 2, 3, 4, 5, 6, Block 107, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. _' .A .,,.:.,A}DTTi1VAi� INFURlY)(ATQNQCJTRI�,Fflt A A Current zoning classification: C,� Requested zoning classification Describe the desired permitted use and intended nature of activities and development of the property? B c c Q C6,5&r l \1 -, v:,\ Is a Special xce tion necessary for y ur intended use? cp No Yes If yes, briefly describe: C Is a Variance necessary for your intended use? (_�_) No (_) Yes If yes, briefly describe: D Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer, if the rezoning or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most similar use as E contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips, pass -bay calculations, internal capture calculations, a.m. and p.m. peak hour trips and level of service on all adjacent roadway links with and without the project. F Responses addressing the required findings for granting a rezoning or change in Land Development Regulations as described below. Attach additional sheets as necessary. FINDINGS REQUIRED FOR GRANTING A REZONING OR CHANGE IN LAND DEVELOPMENT REGULATIONS (Sec. 70-340, LDR page CD70:16) It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the proposed rezoning is justified. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing bodies to find that: 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. 3. The proposed use will not have an adverse effect on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (Rev 2/2019) Page 6 of I 1 Findings required for rezoning or change in land development regulations (cont.) 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 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The City staff will, in the Staff Report, address the request and evaluate it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or denial. (Rev 212019) Page 7 of 11 Okeechobee County, Property Owner Block 107, City of Okeechobee Request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB) Okeechobee County owns Block 107, bounded by NW 5" Street, NW 4" Street, NW 3`d Avenue and NW 2nd Avenue. The property is currently vacant as structures on the property were demolished last year. The property most recently functioned as the ARC Rehabilitation facility. The entire property is in the Public Facilities future land use classification. The north 93 feet of the block is zoned Commercial Professional Office (CPO). The remainder of the block is zoned Public Use (PUB). Okeechobee County is relocating several government offices to the site. A new building will be constructed to house the property appraiser, tax collector and driver's license offices. The building will be in the heart of the city's commercial and office district, near other county government offices and in the midst of a range of commercial and office uses. Noting that the city's land development regulations specify that only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification, Okeechobee County requests that a change in zoning be granted for the north 1/3 of the block, restoring a consistency between zoning and future land use, and allowing the construction of the new county government office building to proceed. Okeechobee County requests the city review and accept the findings below as they pertain to the request for a change in zoning from Commercial Professional Office (CPO) to Public Use (PUB). 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. The entire block, all of which is owned by Okeechobee County, is in the Public Facilities future land use classification. The south 207 feet of the block is zoned Public Use (PUB). The north 93 feet of the block is zoned Commercial Professional and Office (CPO). According to the comprehensive plan, only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification. The requested change in zoning for the north 93 feet, from CPO to PUB, is consistent with and implements the comprehensive plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The proposed use is a government office building to house multiple government agencies, including the property appraiser and tax collector. The Public Use (PUB) zoning district allows public facilities and uses as permitted uses, which would include the proposed government offices. 3. The proposed use will not have an adverse effect on the public interest. Maintaining local government offices in the same vicinity should have a positive effect on those who need to seek the various local government services. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The property is in a commercial and government district. Zoning to the east is Heavy Commercial (CHV), zoning to the north, south and west is Commercial Professional Office (CPO) and zoning to the southwest is Public Facilities (PUB). Surrounding development includes professional offices, government offices, a pharmacy and a restaurant. Additional government offices on the property are compatible with adjacent land uses and is consistent with the existing and likely future land use patterns. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Surrounding land uses are almost all commercial or government, and surrounding zoning is all Public Use (PUB), Heavy Commercial (CHV) and Commercial Professional Office (CPO). Developing a compatible use such as additional government offices would not adversely affect property values or living conditions, and should not be a deterrent to the development of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. The proposed use is a government building. Surrounding uses are other government buildings, professional offices and other commercial such as retail. The proposed use is consistent with the prevailing development pattern. Buffering provided by setback and landscaping regulations should be sufficient. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The property is in an area of government offices, professional offices, and other retail and services in the expanded area. The proposed use of government offices should not overburden the various public facilities in this area. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use is government offices, including the property appraiser, tax collector and a driver's license office. These government uses can get busy, especially during the winter season. The existing traffic circulation system in this quadrant of the city should be sufficient to manage traffic. Drainage will be addressed during the site plan review process. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use is a government office building that will house several local government agencies. The use has not been inordinately burdened by unnecessary restrictions. COUN i Y DEED Deed No...__ ..__RQ6 UNDER CHAPTER 194, FLORIDA. STATUM 1941 Okeochobee COUtiTY, FLORIDA This. deed evade this .._.1G.,>sh _.d:n of +1L�rx� ..__ ..........1j. D. ]91..,.._G_. by the County of Olcee.cl•ohee State of Florida, party of tilt rewt part a nd .if - ,_ i. 3aulersrsnas Trus "eanria.l ?Las•.ital of Lre Ckcee bee party of the second part, WIT I:SSI+101f: That Lite said party of Lite first part for and in cunsideraUun of the stint of .:.Dollars to it in hand paid bye the party of the second part. -the receipt. ti.hcreof is hereby ackrotvledged, has granted, hat gahwd and told tin to the 1jurty of the second. Imit, 11is lwirs and assigns forever, the following described land, to -wit: lying and beirg i thQ.. Count;f of Okeace a'aee State 4f Florida: .__...... !. __.� _ �_......._,..... _. ......_ ... _...._.._.. ......... for City of OkcecitobeaJ1 according to pint tliereof .'fled and recorded it: the office of the Clerk of the Circuit ::ol:rt in aa:; for Oitcec::oieee Ctiunty, State of Fiorldaf . .,.._. ..._ .......... :... _. ... .._... ... .... .... .. .,..._. ••..; !1';; IN TF.STIAIOA'Y WHEREOP, acid, by virtue of the authority vestc�1 by 1. • '•f in the Berard of County Commissioner:~, a lul for mal un Behalf of the County of, OkCe.CliuUee .... , , Staate of Florida. we, the wtttcr- ri _•i1 _.L .4.. d_�. signed, as members. of the Board of Cumtiy Comrerisstunc•Iv for the Uli'1CIAL SEA�fh�;' Cuuuty+and State nfines;liU i>aee rseculed this deed and' le:rre thcec= ='•' ..,..•••'-,.A te', unto act our official siguatures and seals, attested by the Ciee•ic of tits Circuit Court for said County, Ahis the... ....___6th d of Sigacd,scalestl and delivered in. the Iirescneo-o[: �feeuut7 boar Coeodlx Cottim lop crs IC ._ J,7- ..(SEA .) fittutlecr nctsd.Counly C�ptmiFSiouers ATTEST: Ai r• 8dsrel County CCou t , loners -_...:ks--i7.` Clerk Circuit abort �- - - 'ftinui iiatrd Fountyr, Co ensidders : .__.._.. ..;._._ ....: --------..County, _ _:.Comely, Florida. . i1/ ....(SEAL) . •- ticinber�T!onN Cutm1Y^Cohittysstdnt§a tl[QitY y..:••- S A OF FLORIDA, Ceoety of--__Okeebhobee I PD3REBY CERTIFY That on this day personally appeared before ... •.......... -„•__ P... S(.._ 16obley.........._...._......._.............._4..._.J.__Chapman........ ........... ._..... , 8..._.G......Swain....... ..... _-.........».. ;and ,'tf..-„ F, - L7slkeh,,,__,,,-,,,._„_,,,,,,,_ known to me to be the qualified and acting County Commissioners Okeeciioboo Count Florida, aggregate y ot_.:_- ...................: _..............._ y, oridaand constituting in. Elie a� re ate the Board of County Com- missioners of. ,-...... .. Okeoohotieo_............. County, Florida who, Wing by me first duly myorn, did acknowledge that, they executed cite foregoing instrument as members of and constituting Ilse Board of County Commix - sinners iif.._Okoaciiabeo- ..-.-County, Florida. freely and voluntarily for Elie uses and purposes therein described and. Ida .01 P......R841.03haflahu to me to he the qualified :uid acting Clerk of. Elie Circuit Court in and for. Okeeeliobe.e... ........:County, Florida, who, being by me first duly sworn, did acknowledge lh,.t he signed The foregoing instrument and affixed thereto his official seal, freely and voluntarily for the uses qnd purposes therein explained. l,1 wi,r,%, SS wHEREOF; I have affixed my hand and official seal this....:! E ...day of_ .. &4........ -... c � w w r } w lJJ F I z a o V a STATE O,P: FLORIDA. County of:_cjiseccholx�e„ i jlie Witcmcunbcred, Tinton this._ _ _st1.i____,day of.._,.:._-_MgY...... ...._..... the foregoing,inUrtintent of writingwas. presented forrecord to the subscriber,. the .Clerk of the Circuit Court in'rand'for the County'aforesidd, andtlie, same being properly aathenticaledi Dave'duly recordedalic ti -1 same in Book,- 4:4.._ ._......., Pagd___..� D 3-; and have verified th In Testumouy %Vhercts I bare j utn * tt�Aiy 1 Mp gad affixed gic scal.ofanid. CourttheF�3 btte}r =min ancul. Cicrk Ctrcutt CottrX0 �y, �p County i 4' ,. ••;eta'_ ._ COUNTY OP....Qk%echubfja_._DEED NO A3, arjmb-J STATE OF FLORIDA THROUGH 9'}IE TICUSTEES OF THE INTERNAL BUIROVEMENT FUND OF THE STATE OF FLORIDA, GRANTOR (1) IT) H. H. Rnnlerson as Trustee fo;r.Oka achobes...IQemomial. Hospital _- -d the Gily of. .Okeechobee County of--. Okeechoben_ State of Florida, GRAI' ES R'1'f \ IaSI:PII: tl7rEMEAS, .in pursuance of. provisiunts of Section,9 of Chapter 1329.6, Laws of Florida, Acts of 1937, title; to the hinds hereinafter de.4cri,lted vested In the State o[ Florida, and the said State by said :Section of said chapter is authorized and empowered to self said lands ihruugh the Trustees of the Internal Improvement Fund of the State of Florida; and (21 WHEREAS, pursuant to aVOTICE duly given by said Trustees of the Internal improvement Fund, the land rrf.-ri•eal t.0 by the fkrrtifiutles hereinafter described wts offered, for sale on the._a bday of .April , I94. 6 , in th f'uuntr of Ok.eeck>okee , and bids were. received. and the skid Trustees having accepted the highest aind i.e." bid rnr saiid. land, afid having awarded the sale of the said land to the person making such bid; said Iwrszmt bring the t 11AN' RE. herein named: Thoradfore; (3V KN.O1t::\1.1, MOW BY THEME PRESENTS: That the State of Florida; through the Trustees of the Internal iIII prtweutent hand or the Stale of Florida; under AL di rity of Section aJ of Chapter 182u6, Laws of Florida, Act.- of 1037. for and in consideration of .the amount of T4.11;. end. k1o�100-,.c....c.-..r..r .r.. MOLLMIS (3 10.00 J to therm in hand paid, thwreceipt of which. is hereby aicknowlcdged, have granted, bargained and mild. and by these presents dogrant, bargain, sell and convey all of the right, title: and_ interest of Elio Simi- of Fluridu a rising out Vf said Section 6 of Chapter 18-096; unto the said GAa\TSI ;liiSttOlYd,: successors amd :i-�ivais: in and to the following, described land, dffuate, lying and being in tlae County uf..Okee'chobAaa Sti(la of Florida, its referred to, .identified and described by State and County tax sale certificates to -wit: ( 11 No. skate DESCRIPTIOIN Sec. T . kg. Ac. Amount p &.-d 911 1030 5936 1933 926 1930 6019 1933 161 AS TO AI lento -in il I on or unde iiiine tuul t iiiside;nny. ffi) AS 1'0 AI an eulei►it venter T. is':titithin•o 'sncc ,' i8)'-Itii�•o�aungnIP �D.,ee��aarr,ttner 'Lallahuss'e, �,- �DEPA7lTbt1 AGIiMtiLT :•i Lot 1.0., Block 101, City of Okeechobee 5.00 IIC5�7 and-C `Block • M# "'City Of Okeeehtsb s 5.00 @`. , ANDS. there is reserved unto the State of,llorida the title to afi undivided one Wit af all `actin sum products tmJ title to nn undivideil.three fourths of all other inmmay erals;which be found said land together with the ph -Alike 66t.5ide ally Ina me(paltty th(e date, to explore for and;to ? it same. Sstiil :prfv ilege, to explore mine anil dovclofi is to he 0m8ucte(1 on and under lands cipnlity this+dnto only. -with the c6nsent. of ,tile surface -owner. WDS outside of any municipnhti -as of thi,'dutt thee: is rq crved unto .the $Edits pi I7orfi{a �% sEitte rtigc right of tiny, two huttiliea! feet S2iiU) foot tvidq .lybtg egUally on caeit slde of & iy. atritii road•c�istiu8 ai the alat+.of this ch.cdskhryuahso mnclraf an4 lia►cei herem:desctlbcd�as�,, 1 fndred (10ft) feet of saiitl cents rune ,',w �. `777 7"7�^'RUYERfQOR t5E f '} ..�COIiiY,TR07.%E$ (tIE 50— \tr. 1� R: 'Ibis Documfnt Prepared Uy. =t E. T. Hunter, Esq. �X HUNTER & HUNTER, P.A. 1930 Tyler St. Hollywood, FL 33020 Documentary Stamps p914 In tho arnou;ltof S • -ro. C�.gd to-r'ly Clark of Circuit Court data 117 D356 PACE 81 Parcel ID Number. (Space Above Ufa Line Ivor Itecarding Dats) Quitclaim Deed This Quitclaim Deed, Mode this day of May ,1994 A.D., Between n, G. Culbreth and David O. Hamrick, as Co -Trustees under the Richard Ellis Hamrick a/k/a R. E. Hamrick Testamentary Trust U/PI dated August 5, 1978. arthe County or Okeechobee , Slate of Florida ,grantor, and Board of Count :..Commissioners,Okeechobee County, Florida '.:; whoae addresgc 3 R 21�ld Strest, Okeechobee, FL 34972 armecaunyatOkeechob`ee state of Florida ,grantee. Witnesseth t I heCltntrf0 tiorandlnsonrideratlanorlhetumot----------------------------" -=-------------=r-TEN =`& NO/ 100 ($10, 00) ---►•----------------DOLLARS, :r :ia. i and Aer grwd aJ vslaW.-RI"erai a ,o GILANI'OR an�,J paid by GRANiLE, the leeeipt whemof Ft dercbyactnurrtalged, fray gmn(Stt, bargn+n�c�J and qui.. irn w the seiJ GRAirr C and 'ICi1k�IJ1IE'S heirs and Designs farcvar, the following Jeurihcd lend, siluatel.lying endUping fn the manly of ;;:'Ukeet:h�„Oee,_:?sr,_. ,Sfale.ot Flofida, lowil: That qt4i'x it, Io , cerr'107,}`City of Okeechobee, as it runs from Northwest Second Avenue to Northwest Third Avenue' Between Lots 1-6 and 7-12 located within tht Ci.t of Okeecho'ee, �l sa „, and. found in Plat Book 5, Page 5, Public * ecords of Okee hobee. CC)upty'; %orida c TO HBVC and l0 Hold the same tggethct irlth all. ap0 singular Ifir appuneoaacea. thereunto 6efonytl . or in appertaining; and all' the estate, right, tlde; intemi lien; equity and claim whauamr of grantor, tither In W r or equity, f401 Wild.r, e, benefit. and ptoGt,of the said grantee forever c the ur r . � �r Zr v - IR. W�tneSS Whereof' the rater has haielintb act their fund. acid sca . the da r 1 11 a ariltga. `t s r - Sibaed, sealed aa�l deUvered to our presence. bq C Prin anie: "'H._ t'u� zet Co-T stee LY.J.*cam•-._.r O r"Yi�'fr�l H%—f (Sul) -�{ print Name.... iyloE�A C/aXay Davd d O. Hamrick, Co -Trustee. Y r' Witness r FWRIDA ��•;:-;' .STATE OI' . COUNTY OF OMMOBEE i 'the foregaingInstrument was acknowledged before me this. aO 64 duy:af. May , 19 94 by H. G Culbreth who are pertogally ln_ oWn to rile arwho hevcpradueeA R tdentilicadOR and who did talce an opth... .... _. ............ . - O:IIIpR#i N CALDkl4 N, 1YB5 eelossc,� aaEo,ilauHortar tw .uxoUNRR s- Printed Name _Tia-1,, '& 6i NUrARY PPI141P MY t:nmAthiiarlPita: STATE OF FLORIDA: COUNTY OF-OKESGROBBE- SS. SWORN TO and subscribed before me this /7 day of May, 1994, by David O. Hamrick, who did take an oath. ,.*,cdjji;jsslon Expires: NOMY 'brMLI E 0 COMMIMSSION 0 mycomm qZ PERSONALLY cam Z OR PRODUCED IDENTIFICATION _ IgNT-17.1CATION PRODUCED rS3 Cn r"a C-n U ll FILE MUM 2015006172 OR BV, 762 PG 114 SHARON ROBERTSON► CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY? FLORIDA Prepared By and Return to RECORDED 07/01 /2015 04:28:39 Pit John D. Cassels, Jr., Esq. AMT '$10.00 Cassels & McCall RECORDING FEES $0.00 P.O. Box 968 DEED DOC $0.70 Okeechobee, Florida34973 RECORDED BY G Meubourn File No.:7633 Pss 114 - 115; (2 Pss) Parcel ID Number: 3-15-37-35-0010.01070-0070 QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this 014), day of May, 2015, by OKEECHOBEE REHABILITATION FACILITY, INC„ a Florida Non -Profit Corporation, whose mailing address is, 403 NW 2id Avenue, Okeechobee, FL 34972, first party, to OKEECHOBEE COUNTY, a Political Subdivision of the State of Florida, whose mailing address is, 304 NW 2nd Street, Okeechobee, FL 34972, as joint tenants with rights of survivorship, second party. (Wherever used herein, the terms "first party" and "second parry" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns ofcorporations, whcreyer._-ciE-brlt;xt so admits or requires.) `` "`N WITNESSETH: /AAeat the said first arty• for and in consideration of the sum of $10.00 in hand paid by the said setiond�party, the receipt whemoEis hereby acknowledged, does hereby remise, release and quit claim unto latest, d second party forever vriii he right, title, interest, claim and demand which the said first party has in �r4-e ndto the following desc be�a�iot, piece or parcel of land, situate, lying and being in the County of �= O�_ EECHOBEE, State of Flonda, to wit: r >'i Lou 7, 8 9; 10 1 12 Block lnd the ,9Z(sst of Lots 1, 2, 3, 4, 5, 6, Block 107; and-AviWao foo lley lying between Ls 1 2, 3, 4, 5, 6, Block 107 and Lots 7, 8, 9, 10,11 13 Block 107; O�techobee, as rccordWiin Plat Book 5, Page 5, Public Records of Okeechobee untj/, Florida. 3' SUBJECT TO restriction',,jr e�ervations and easemenlsofiecord, if any. A TO HAVE AND OLD the same togettienwith all,andlsmgular the appurtenances thereunto belonging or in any wise ap�ettarningd theyestate�ght the Wtne�e�st, lien, equity and claim whatsoever of the said first parry eitheriin aWW requtty,to heeonl properuse b------ andbchalfofthesaid second party forever. ti IN WITNESS WHEREOF the saidfrrstpartythas5+gnetlan sealedth piesen thedayandyeaz FIF, first above written. Signed, Scaled and Delivered in the presence of. L,K� `C jjI1san 2' Witness -Print Name [7633.213654.WPD1 OKEECHOBEE REH FACILITY, A Florida BY: .3�y ISIDORO (SID) E RADA, President Page I of 2 Book7621Pagel14 CFN#2015006172 Page 1 of 2 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this_jP day ofMay, 2015, by ISIDORA (SID) ESTRADA, Pr�es""dent of OKEECHOBEE REHABILITATION FACILITY, a Florida Non - Profit Corporation, (4) who is personally known to me; or (_) has produced for identifi n. LINDA WILSON 4Fpr a6�•�•. Notary Public - State of Florida NO Ai4 PUBLIC c My Comm/ x Tres Jul 24, 2016 My Commission Expires:=;A�= CommfYSf6A # EE 209495 Bonded Through National Notary Assn. IT IS HEREBY CERTIFIED THAT WE HAVE PREPARED THIS INSTRUMENT FROM I a A 10 GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACC RAC, OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT Fx,ivr[W:=TiWi�M&HE PROPERTY INVOLVED. 17633-213654.WPD] Page 2 of 2 Book762/Page115 CFN#2015006172 Page 2 of 2 BLOC K 93 B l OTC �'25 BOUNDARY AND TOPOGRAPHIC SURVEY PROPERTY APPRAISER, TAX COLLECTOR AND DRIVER'S LICENSE BUILDING SITE LOCATED IN SECTION 15. TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLA. N BLOCK 91AP 30 0 30 60 90 SCALE: t 30' (BLOC K 123 LEGAL DESCRIPTION F.++au990.W gralm.yot a�or,nuo nnu SURVEYOR'S NOTES r> xn m m am«rm., r«s>,.. em. a «ssm, sw s+m raerae... wm smas.sw«et9sawnene. paaa«arms..raam H w.row s.n«. e'�em rare. a aebm cwn. eeras y s« mwnaa«m m<�saa..sam.m mn nam,a.ra«aaoun ss..cr:raver,nmwwrraaar�ai��w�muwa..aworo>a. sn...e e�rew,,.rnaa aw..r«�,.mrr.M.e....+....eaoarai,ms.,wray. os a«xrm. saniem,,..,a.a,earoa«a trn.a a e«+�o..r.,wo sma.+ n m«a.m a..a a ur,n r«N a nns. r «aarr�m+wan rm m a.+y a+�e. s«. nmm.. LEGEND � m O N3za e U¢ I].aNw ® "« 0 A. 0 : o . I—t > o ow «u <az] >0 0 Qm"O now" :1 M,0 rpFVN�rruuwunsurvceswr,Oade,«C.eere«er Op �� wO.tar TrWGa eur OnStH'tl&556HTarOr9.K 1090.RE3frMllOY r«IDR6 1 OF t M. 3,15 10,m.() 4 - 200NW3 Ml Now, FL '0124 125 3-15-37-35-0010-01250-0010 OKEECHOBEE COUNTY %CASSELS & MCCALL 304 NW 2ND ST ROOM #106 OKEECHOBEE FL 349720000 M140 ib OAJA�A�Q '50 4011REpisc - :.. % 77 OKEECHOBEE 3-15-37-35-0010-01230-0050 CBC PROPERTIES LLC 301 NW 4TH AVE OKEECHOBEE FL 349722552, 0133 13-15-37-35-0010-01060-0070 tkkMW K' lit CALIDAD PROPERTIES LLC 903 SE CENTRAL PKWY OBEEOKEECH STUART Pt�: FL 3497*251 3499439041 9Q3 SE tE*htRALPI* :34 14 FIL 30041., 3-15-37-35-0010-01060-0110 tMDAD PROPEWFOES Eke 903 SE CENTRAL PKWY STUART FL 3499439041 3-45-3745*10-61090kI100:.. .. . . 16 EOOW��::%.�'.. `WR HTfQ- P000k.69.0152 .: i : - : :::.: � �, -.1. 1 - - VIER . i :;:. : , .0 BEACH FL- U969 3-15-37-35-0010-01080-0040 MONTESI CRAIG SR & MONTESI CRAIG JR 10143 CULPEPPER CT ORLANDO FL 328366340 3454745-;0030-01060-0040 WRIGHTJ kE:ALKRDALEE 367 NW.5TH.5f -OKEECHOBEE A 34020000 3-15-37-35-0010-01060-0010 CONNER DEBORAH D 485 SE 31ST WAY MELROSE FL 32666000 34537=35- 16-.&690070.':-7&LAN PANY ' .. . .. 490 - . 1 ., �*:,: % 'm:'OWCHOBEE A . .972 .34 3-15-37-35-0010-01080-0010 LAND TRUST NO. FOUR 745 SE MONTEREY RD STUART FL 349940000 7 i�tljokTfiousiOL4,m.-IttALTY.LiC `5660SW 10114 AVE DAVIE -FL 3331-4143-15-37-35-0010-00920-0110 OKEECHOBEE SOIL & CONSERVATION 452 HWY 98 N OKEECHOBEE FL 34972 3-1537 3i4iibi10-00916-010:` wo . . . . , RL6.6�Mwkj *..077 7 -40S SW. 28*T-Elt .OKEECHOBEE FL i :3497439571 3-15-37-35-0010-00910-0110 kjG*p 395 SW 28TH TER OKEECHOBEE FL 3497439571 3-15-37-35� . . . : - uusv� �;: :1 — - ::qiot -U t 1�611 ETH: P-obox w tC ' 06 EE OKEECHOBEE iW973084el 13-15-37-35-0010-00910-0030 PATEL HITESHKUMAR 6 & DHARMISH 507 N PARROTT AVE OKEECHOBEE FL 349722615 510...00930 -0010 300'.0tA' Nb.. :T651W.2. 57�4 OKEECHOBEE 9744214 i4� 3-15-37-35-0010-00920-0040 MEDRANO BALDEMAR & MARIA D 817 SE 39TH AVE OKEECHOBEE FL 349740000 3454�540016- 60920-06iQ '-'CARDiENAS VASMIN: "4jkEECWO6EllE A - 777 94972 3-15-37-35-0010-00910-0070 SEB 500 LLC 105 NW 6TH ST OKEECHOBEE FL 34972 -X c n Ex�Ex�� Ow tvixr4 YEUD in[ O[ftpOE[L [dxm MYE[ n [rvvi sx s Iq [xMp diOUVttd f<O[rt�t'[On�[ai Im o a 31 3735=007000920-0070 `o 1 m m 1ni': ?sue.;. pp.��;'�,,;.:; ;•,;;• i t •�� '�t [ j. irlll ,� J, � + 1 'A )1060-0010 SUBJECT PARCEL 4 ,•S, t .,w tr �• E , �' y o. - 315-�37'-35-00,10�01080-0100 r L.. s t rrt rwt/ -- - r7 OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE 41 —A—: � . d M�t Petition No. r`%C(' �' —A Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of S�\ICI c%C" � 0-0 , afl111A and the Assertions made to me by members of that Office that the information reviewed constitutes the most recent information available to that office. I therefore attest to this Si day of Signature Name of Applicant (printed or typed) State of Florida County of Okeechobee b3 O Date Sworn to and subscribed before me this 5' day of W\acea,t , -Qb\"� all �own o me did not take an oath. or produced as identification and JENNIFER S. BUSBIN R. MY COMMISSION # GG 193458 A` EXPIRES: June 22, 2022 Se 1: Bonded Thru Notary PuM Ur&rw iters Notary P e, State of Florida (Rev 2/2019) Page 3 of I I Staff Report Rezoning Request Prepared for. The City of Okeechobee Applicant: Okeechobee County Address: 403 NW 2nd Ave Petition No.: 19-003-R Staff Report Applicant: Okeechobee County Rezoning Petition No. 19-003-R Generall Information Okeechobee County' Owner/Applicant 403 NW 2nd Avenue �x* �, x Okeechobee, FL 34972 Applicant Phone Number Applicant Email Address Site Address Contact Person Contact Phone Number Contact Email Address 863-763-5548 broyce(cbco. okeecho bee.f 1. u s VUlW ." ,� ;" 403 NW 2nd Ave Bill Royce.. 863-763-5548 jbusbin(a)-co.okeechobee.fl.us' Parcel Identification Numbers: 3-15-37-35-0010-01070-0070 Legal Description: The North 93 feet of Lots 1, 2, 3, 4, 5, 6, Block 107, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The matter before the Local Planning Agency and City Council is an application to rezone 0.64 acres bounded by NW 3rd Avenue on the west side, NW 5th Street on the north side, and NW 2"d Avenue on the east side. The request is to rezone from Commercial Professional Office (CPO) to Public Use (PUB). The lower (southern) two thirds of this block are already designated PUB and this current request is to rezone the top (northern) third of the property to PUB. The entire block is designated Public Facilities on the Future Land Use Map. The current and proposed Future Land Use designations, zoning, existing use, and acreage of the subject property and surrounding properties are shown in the following tables and on the maps on pages 7 through 9. LaK,,= ptanning Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R [Current Future Land Use, Zoning and Existing Land Use Characteristics Future Land Use Category Zoning District Use of Property Acreage Existing Public Facilities Commercial Professional Office (CPO) Vacant (but recently used for rehabilitation facility prior to demolishing the structure) Proposed Public Facilities Public Use (PUB) Government offices 0.64 Acre 0.64 Acre (Future Land Use, Zoning, and Existing Uses on Surrounding Properties North East South West Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Future Land Use Map Classification Zoning District Existing Land Use Commercial Commercial Professional Office (CPO) Professional offices Commercial Heavy Commercial (CHV) Service Commercial Commercial Commercial Professional Office (CPO) Parking lot for church Commercial and Single Family Residential Commercial Professional Office (CPO) Professional offices and Single family residence L,R-,1. 2 panning Staff Report Applicant: Okeechobee County Rezoning Petition No. 19-003-R Analysis Section 70-340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The Applicant has provided brief comments to each of the required findings. These are repeated below in Times Roman typeface exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff comments are shown in this Arial typeface. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The entire block, all of which is owned by Okeechobee County, is in the Public Facilities future land use classification. The south 207 feet of the block is zoned Public Use (PUB). The north 93 feet of the block is zoned Commercial Professional and Office (CPO). According to the comprehensive plan, only the Public Use (PUB) zoning district is consistent with the Public Facilities future land use classification. The requested change in zoning for the north 93 feet, from CPO to PUB, is consistent with and implements the comprehensive plan." Staff Comment: The subject property is designated Public Facilities on the City's Future Land Use Map (FLUM). The request to rezone from CPO to PUB is consistent with the Comprehensive Plan, as PUB is the only zoning district specifically cited in the Comprehensive Plan as appropriate for a property designated Public Facilities on the FLUM. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. " "The proposed use is a government office building to house multiple government agencies, including the property appraiser and tax collector. The Public Use (PUB) zoning district allows public facilities and uses as permitted uses, which would include the proposed government offices." Staff Comment: Public facilities and uses are the only permitted uses in the PUB zoning district. The Applicant is proposing to locate a new building for use by the County property appraiser, tax collector and driver's license offices, which are all public uses. 3. The proposed use will not have an adverse effect on the public interest. "Maintaining local government offices in the same vicinity should have a positive effect on those who need to seek the various local government services." Staff Comment: The tax collector, property appraiser and drivers license offices are currently only a couple blocks away, and proposed to be moved to this new location, which is adjacent to the County court house. Combining all three of these government offices into one modern building adjacent to the court house should benefit the public interest. LaKuc planning Staff Report Applicant: Okeechobee County Rezoning Petition No. 19-003-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The property is in a commercial and government district. Zoning to the east is Heavy Commercial (CHV), zoning to the north, south and west is Commercial Professional Office (CPO) and zoning to the southwest is Public Facilities (PUB). Surrounding development includes professional offices, government offices, a pharmacy and a restaurant. Additional government offices on the property are compatible with adjacent land uses and is consistent with the existing and likely future land use patterns." Staff Comment: We agree that the public facility proposed for the location is compatible with the surrounding uses, which are predominantly professional offices, and commercial. The peak use times for the adjacent church are weekends, presumably when this proposed government facility would be closed. The subject property is only one block from Parrot Avenue and three blocks from Park Street. This location is appropriate for the proposed use. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. "Surrounding land uses are almost all commercial or government, and surrounding zoning is all Public Use (PUB), Heavy Commercial (CHV) and Commercial Professional Office (CPO). Developing a compatible use such as additional government offices would not adversely affect property values or living conditions and should not be deterrent to the development of adjacent properties." Staff Comment: The construction of a new government building, on what is now a vacant lot, should not adversely affect nearby property values. 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. "The proposed use is a government building. Surrounding uses are other government buildings, professional offices and other commercial such as retail. The proposed use is consistent with the prevailing development pattern. Buffering provided by setback and landscaping regulations should be sufficient." Staff Comment: It is unlikely that the proposed use will generate any nuisances or hazards to the neighborhood. Nevertheless, the new development will meet the minimum setback and landscape buffer standards. (_:,K- planning Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The property is in an area of government offices, professional offices, and other retail and services in the expanded area. The proposed use of government offices should not overburden the various public facilities in this area." Staff Comment: The proposed location is proximate to major roadways, which should accommodate the traffic generated by the proposed use. The proposed use is not residential and will not cause the need for additional school capacity. Water and sewer services should not be overburdened by these proposed government offices. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The proposed use is government offices, including the property appraiser, tax collector and a driver's license office. These government uses can get busy, especially during the winter season. The existing traffic circulation system in this quadrant of the city should be sufficient to manage traffic. Drainage will be addressed during the site plan review process." Staff Comment: Any new development such as this will be required to meet the stormwater management standards of City Code Section 78-101. Government offices should not create any threats to public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use is a government office building that will house several local government agencies. The use has not been inordinately burdened by unnecessary restrictions." Staff Comment: We agree. LIK-1 planning Staff Report Rezoning Applicant: Okeechobee County Petition No. 19-003-R Recommendation Based on the foregoing analysis, we find the requested rezoning to PUB to be consistent with the City's Comprehensive Plan, reasonably compatible with adjacent uses, and consistent with the urbanizing pattern of the area. Therefore, we recommend Approval of the Applicant's rezoning request. Submitted by: Ben Smith, AICP Sr. Planner April 9, 2019 Planning Board Public Hearing: April 18, 2019 City Council Public Hearings: May 7, 2019 and May 21, 2019 (Tentative dates) Attachments: Future Land Use, Subject Site & Environs Zoning, Subject Site & Environs Aerial, Subject Site & Environs LaK� ptanning Staff Report Rezoning 93 II Applicant: Okeechobee County Petition No. 19-003-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS N. W. 6 TH ST 6 5 4 3 2 10 7 8 9 10i 11112 6 5 4 3 2 1 125 7 8 9 10 11 12 COMPREHENSIVE PLAN LAND USE �! SINGLE - FAMILY I MULTI - FAMILY I COMMERCIAL INDUSTRIAL 1 DUBLIC FACILITIES RESIDENTIAL MIXED USE 6 5 4 3 2 1 92 N. W. 5 TH ST E 1 107 7 8 9 10 11 12 N. W. 4 TH ST 124-- 7 R 9 10 11 12 N. W. 3 RD ST 12a O cj� W a U) L'Rue 7 ptanning Staff Report' Rezoning Applicant: Okeechobee County Petition No. 19-003-R ZONING SUBJECT SITE AND ENVIRONS N. W. 6 TH ST ----------- 6 5 4 3 2 r 1 j 6 5 4 1 3 2 191 3 A 7 8 9 10 11 12 615.41312 1 7 81 9 10111 12 125 7 8 9 10 11 12 ZONING Ib CEO - COMM KSINESS DISTRICT C1 V - HEAVY COMMERCIAL CLT- LIGHT COMMERCIAL CPO- COMM PROFESSIONAL OFFICE H- HOLDING [NO - INDUSTRIAL FUS - PUBLIC FACILITIES FUD-MIXED FUD-R RMFRESIDENTIALMULTIFAMILY RMH - RESIDENTIAL MO8:LE HOME RSF' - RESIDENTIAL SINGLE FAh'. FSFZ -REST,'ENTIAL 31'. 3Lc FA _ pIanning 7 8 1 9j10 11 12 N. W. 5 TH ST 5 5 4 3 2- 1 107 N W_ 4 TH ST 6 5 4 3 2 1 1 I w ^ 7 8 9 10 11 12 ,,,N. W. 3 RD ST,,, 1bu Staff Report Applicant: Okeechobee County Rezoning Petition No. 19-003-R AERIAL SUBJECT SITE AND ENVIRONS ti ?Mf GTH ST r� r1W 5TH ST , Hwr 4TH ST r / • `, a is a4 Ulm rIW 3RD ST L�� R9 ptanninng Rezoning Petition No.19-002-R Motion and a second offered by Members McCreary and Brass to recommend denial to the City Council for Rezoning Petition No. 19-002-R, from Light Commercial to Heavy Commercial for Lots 7 to 12 of Block 116, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 1.50± acres, located at 701 Northeast 3rd Street, for the proposed future use of a recreational vehicle park. Vote was 6 for and 1 against. Motion carried. Rezoning Petition No.19-003-R Motion and a second offered by Members Brass and McCreary to recommend approval to the City Council for Rezoning Petition No. 19-003-R, from Commercial Professional Office to Public Facilities (Use) for the North 93 feet of Lots 1 to 6 of Block 107 OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, 0.64± acres, located at 403 Northwest 2nd Avenue, for the proposed use of a government office building. Vote was 6 for and 1 abstained. Motion carried. iDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a Ord+ Ls' - in the matter of J J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of -5� 1 U laon Affiant further says that the said Lake 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 afpiant 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. Katrina Elsken Sworn to and subscribed before me this . u-M day of J( a q �' AD Notary Public, State of Florida at Large �,AYP`%I gNGIE BRIDGES iq MY COMMISSION�FF976149 *: *: EXPIRES: Apd120,2020 :Foy ftO,".•' Bonded 71uu Notary Pubk Ur WWdlete Lake Okeechobee News 107 SW 17th Street,.Suiie D.: f; Okeechobee, Flo rada,349741 ` 863-763=3134 QiYdVOKEEO OBFE NC)IICE OFi7 UNG ORANGE OONiS'IDERATION OFADOFFING ACITYORDINANM NO IC:ISHEREBYQVHitltktheQyCox%c.1 eTol'Okediobee wicerdMctaRtkFleari,ganTtgMtay;t47D19. PM,aras�on ifs at W Fial, SS SE 3�d Aye, Ok?�nb, F4 W aorNda rr� n of ti a tolrvkg Qdiar� ktu mw No ssea AN ORDINANIfOF CaYOFOKMOiOBM AMENIHNG THE OFFICIAL ZONING MAW OF THE MY OF OKESCHOBEE BY REZONING A CERTAIN TRACF OF LAND MARE PARIIQAARLY DE SCFM3ED HEREK FROM MWIMCIAL PROFESSIONAL OFFICE TO PUBLIC USE ZONING DISIRICF (PE rMN NO 19. M R); III¢ZDOMV1iGt F DATE.Y; PROVIDING F� PROVIDED FOR AN Atmua PACE S PUBLIC RE - All rten0as of the pubic are ermur m ailed and par hy1 h saH H�rN, poPcts�d'.Marocna/6edhaiW4 yb/maws 'the pubicattheQffioe attic tlyaakdutg rnmel b� Moog Nbrr Fd,8:00Ath430Pf4,ea?ptfortnld f c awnlie�e2MuVr gMDealmg sire a tetatYn naaxd of the p�ooeai5 k m3de and the Ord Fdde the tl A amxdanoe 'ed. "a Act (A ppappeal M iaa based in a Ry as dined by the ADA, Utat neat special am mroaetbrr�lo partldpate In this po ixl,o CIvOaA Office rolabathanbwbusirtsdWsprior BE ADVESED orhmfbdytth-kt sFgrii3372.you tGeM In �w.v arty doamek pldu� video ofstothe(b hM atoroppo�tbnmarrylanmUreate,a g(of th x- vkIW or tern MilSt' he proAded to the Qy By:Q V5tan'C9niot®,OdC 336/50CN5/I020I5 - S�. OF, KFFCy m � 91 TO: Mayor Watford & Council Members DATE: FROM: Cite Clerk Gamiotea,� . Exhibit 2 May 21, 2019 May 21, 2019 SUBJECT: Summer Meeting Schedule Staff is recommending the City Council consider having one regular meeting for the months of June and July. The Budget Workshops are tentatively being scheduled with the regular August meetings and will be presented with the Annual Budget Calendar for the Council to consider at a later date. As always, should matters arise requiring the City Council to meet, a special meeting can be called. Please consider the following: Cancel the June 4th and July 2nd meetings Consider conducting a Strategic Planning Workshop on July 9th at 3:30 p.m. JUNE 4 CANCEL Regular Council Mtg 11 Code Enforcement Magistrate Hearing 6:30 PM 18 Regular Council Mtg 6 PM 20 TRC Mtg 10 AM PB/BOA Mtg 6 PM JULY 2 CANCEL Regular Council Mtg 4 City Hall closed in observance of Independence Day 9 Proposed Strategic Plan tiVorkshop 3:30 PNA 9 Code Enforcement Magistrate Hearing 6:30 PM 16 Regular Council Mtg 6 PM 18 TRC Mtg 10 AM PB/BOA Mtg 6 PM AUGUST 5 Pension Boards Mtg 5 PM 6 Regular Council Mtg & Budget Workshop 13 Code Enforcement Magistrate Hearing 6:30 PM 15 TRC Mtg 10 AM PB/BOA Mtg 6 PM 20 Regular Council Mtg & 2nd Budget Workshop hibit 3 May 21, 2019 Commercial ContractC�7Gi'/-�: Real Estate 1 1. PARTIES AND PROPERTY: Karl Davis and/or Assigns ("Buyer") 2 agrees to buy and City of Okeechobee ("Seller") 3 agrees to sell the property at: 4 Street Address: TBD NE 12th St, Okeechobee, FI 34972 Parcel Identification Numbers:3-15-37-35-0020-00000-0170 5 AND 3-15-37-35-0020-00000-017A AND 3-15- 37-35-0020-00000-017B 6 Legal Description: being and intended to be the properties legally described on the attached Deeds -attached hereto 7 and made a part hereof collectively as Exhibit "A" 8 and the following Personal Property: None 9 10 (all collectively referred to as the "Property") on the terms and conditions set forth below. 11 2. PURCHASE PRICE: $ 120,000.00 12 (a) Deposit held in escrow by: Buyers Attorney- Frank• Weinberg • Black PL $ 5,000.00 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: (561)989-0700 Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ 18 (c) Additional deposit to be made to Escrow Agent 19 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 20 ❑ within days after Effective Date $ 21 (d) Total financing (see Paragraph 5) N/A $ 22 (e) Other N/A $ 23 (f) All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 115,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before May 22, 2019 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time is of the essence in this Contract. 37 4. CLOSING DATE AND LOCATION: 38 (a) Closing Date: This transaction will be closed on or Before September 27, 2019 (Closing Date), unless 39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 40 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended Buyer) ) ( ) and Seller ( ) () acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC-5 Rev 9/17 ©2017 Florida Realtors' SenaW:088312.900155-7269188 Form Simplicity El-t—ically Signed using eSignOnlino^' [ Session ID: 62bdf43c-0ef2-4ff0-8685-683cf3764ab0I 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension is lifted. 43 (b) Location: Closing will take place in Okeechobee County, Florida. (If left blank, closing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 45 5. THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before days (5 days if left blank) after Effective Date, Buyer will apply for third 47 party financing in an amount not to exceed % of the purchase price or $ , with a fixed 48 interest rate not to exceed % per year with an initial variable interest rate not to exceed %, with points or 49 commitment or loan fees not to exceed % of the principal amount, for a term of years, and amortized 50 over years, with additional terms as follows: 51 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left 54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable 58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 66 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre- 71 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by ❑x statutory warranty 73 deed ❑ special warranty deed ❑ other , free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) matters listed on title commitment not timely objected to by buyer 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as storage of commerical construction materials 80 (a) Evidence of Title: The parry who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at (check one) ❑x Seller's ❑ Buyer's expense and 82 within 15 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) 83 ❑x (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer (�)) ( ) and Seller ( ) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC-5 Rev 9/17 S e ri a I#: 088312-900155-7269188 Electronically Signed using eSignOnline" [ Session ID : 62bdf43c-0e2-4ff0-8685-683cf3764ab0 j ©2017 Florida Realtors' Form Simplicity 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title. 93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 95 Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice 96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 103 ❑x Seller will, within 10 days from Effective Date, deliver to Buyer copies of prior surveys, 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 106 environmental reports 107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 ❑x Buyer will, at ❑ Seller's ❑x Buyer's expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 113 accept the Property with existing encroachments ❑x such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title. In the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) 124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 125 condition. 126 ❑x (b) Due Diligence Period: Buyer will, at Buyer's expense and within 90 days from Effective Date ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Seller's prior written consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Buyer �J ) ( ) and Seller ( ) () acknowledge receipt of a copy of this page, which is Page 3 of 8 Pages. CC-5 Rev 9/17 ©20,17 Florida Realtors" Serialk 088312-900155-7269188 - Forrn Simplicity Electronically Signed using eSignOnline" [ Session ID : 62bdf43c-Oef2-4H0-8686-683cf3764ab0I 145 Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted ❑x only with 156 Buyer's consent ❑ without Buyer's consent. 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 160 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 173 Buyer's lender; assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 179 mortgages and notes, security agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply Buyer (! rn) ( ) and Seller �) �_) acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC-5 Rev 9/17 ©2017 Florida RealtorsO Serial#: 088312.900155.7269188 Form Simplicity Electronically Signed using eSignOnline^ ( Session ID, 62bdf43c-0ef2-4ff0-8685-683cf3764ab01 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at closing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 212 or is made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 217 complying party specifying the non-compliance. The non -complying party will have days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non -performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract. 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT: 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller May. Pith 239 retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 241 spPc,fic oerformancP. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 246 attorneys' fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 represe//n77t��ing a party will be as effective as if given by or delivered to that party. Buyer (kp ) ( ) and Seller acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC-5 Rev 9/17 ©2017 Florida Realtors" Serial#:088312-900155-7269188 '' Form Simplicity Electronically Signed using eSipOnline'" [ Session ID: 62bdf43c-Oef2-4ff0-8685-683cf3764ab0I 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owner's net proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not 256 attach to any interest in real property. This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996, Florida Statutes. 266 18. RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to 269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Seller will credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seller's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑ is not 281 assignable ❑x is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer, " "Seller" and "Broker" may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 293 licensed real estate Broker other than: 294 (a) Seller's Broker: 295 (Company Name) (Licensee) (Address, Telephone, Fax, E-mail) 296 who ❑ is a single agent ❑ is a transaction broker ❑ has no brokerage relationship and who will be compensated by 297 ❑ Seller ❑ Buyer ❑ both parties pursuant to ❑ a listing agreement ❑ other (specify) 298 299 300 (b) Buyer's Broker: Lake O Real Estate Jody Carter SL 3319430 Com an Name) (Licensee) 301 4257 Hwy 441 S, Okeechobee, �I 3x9�4 863-763-5253 (Address, Telephone, Fax, E-mail) Buyer (kP ) �) and Seller acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. CC-5 Rev 9/17 ©2017 Florida Realtorsa Serial#: 088312.900155-7269188 Form Simplicity Electronically Signed using eSignOnline^" I Session ID: 62bdf43c-Oef2-4ffO-8685-683cf3764ab01 302 who ❑ is a single agent ❑ is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker ❑ Seller ❑x Buyer ❑ both parties pursuant to ❑ an MLS offer of compensation ❑x other (specify) 304 Commission Agreement 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 ❑ (A) Arbitration ❑ (E) Seller Warranty ❑ (1) Existing Mortgage 316 ❑ (B) Section 1031 Exchange ❑ (F) Coastal Construction Control Li❑ (J) Buyer's Attorney Approval 317 ❑ (C) Property Inspection and Repair ❑ (G) Flood Area Hazard Zone ❑ (K) Seller's Attorney Approval 318 ❑ (D) Seller Representations ❑ (H) Seller Financing ❑ Other 319 23. ADDITIONAL TERMS: 320 In order to limit the purchasing of Industrial lots for investment purposes as opposed to development, the Buyer must 321 within (5) years of the date of recording the Deed, commence fencing the property and using the property for the 322 storing of construction materials. In the event the buyer does not fence the property within (5) years of the date of the 323 recording of the Deed for this transaction, the City shall have the right of first refusal to purchase the property back 324 from the buyer for $120,000 plus all closing costs, which shall be born by the City. However, once the Buyer fences the 325 property within the first five (5) years of Deed recordation, the City's right of first refusal to purchase is null, void and of 326 no further force and effect and there shall be no limitations on the Buyer to assign or sell the property. Any documents 327 recorded in the public records limiting the buyer's rights or containing the City's right of first refusal will be released by 328 329 330 331 332 333 334 335 336 337 338 the City via recorded release document once the property is fenced by the Buyer within five (5) year time frame from the date of recording the Deedfor this transaction. These provisions shall survive closing. 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER Buyer (kJ ) (_) and Seller ( ) () acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. CC-5 Rev 9117 ©2017 Florida Realtors' Serial#: 088312-900155-7269188 Formal Simplicity Electronicaliy Signed using eSignOnlineTM I Session ID : 62bdf43c-Oef2-4ft0-8685-683cf3764abO I 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. i� 358 4,-1 P4VFS Date: 5/7/2019 (Signature of Buyer 359 Karl Davis Tax ID No.: (Typed or Printed Name of Buyer) 360 Title: Telephone: 361 Date: (Signature of Buyer 362 Tax ID No.: (Typed or Printed Name of Buyer) 363 Title: 364 Buyer's Address for purpose of notice 365 Facsimile: Telephone: Email: 366 Date: (Signature of Seller) 367 City of Okeechobee, Dowling R. Watford, Jr. Tax ID No.: (Typed or Printed Name of Seller) 368 Title: Mayor Telephone: 369 Date: (Signature of Seller) 370 Lane Gamiotea, CMC Tax ID No.: (Typed or Printed Name of Seller) 371 Title: City Clerk Telephone: 372 Seller's Address for purpose of notice: 55 SE 3rd Ave, Okeechobee, FL 34974-2903 373 Facsimile: Email: Florida REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR'. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Buyer (J ) ( ) and Seller ( ) () acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC-5 Rev 9/17 ©2017 Florida Realtors, Serial#: 088312-900155-7269188 -Form Simplicity Electronically Signed using eSignOnline- [ Session ID : 62bdf43c-0er2-4f(0-8685-683cf3764ab01 "T- 4 _- - t 1.. _ y. _. �y...R'•�!.-4!v"F r:'t,�i+b•.'4-1.C-M� 1K�� 00 WARRANTY OZZO WANCO FORK A.2 arramp Peen 4tb t 1� QY� i p' adr, tgu d % day of . OCTOBER , A.D. 1979 PeRv Elt MACOMB LAND COMPANY ; a [orporrrtiorf exsrting uudtr the lain of the State of Michigan . hating us principal plea of Lffr1w to the %unty of Macomb and State of Michigan and lawfully authorirrd 10 Wt dct bad= in the State of Florida, party of the first part and CITY OF OKEECHOBEE of the County of Okeechobee and. State of Florida part y of tlrt samrrd part 3vartmorlh: prat the said party of the first part, for and in conridemtion of the sum of ($lo.00) AND N91100.---.-- ------------------------------ _ - iaDllar� to it in hand paid by tlx said pail y of tht second part, the mzipt whermf it herby acknawkiW ha; granttd, bargained and sold to the said part y of the ttcorrd purr, theisheirs and asrigru former, the following dam7xd Lmd situate, lying and bcigg in the Caunry of Okeechobee and Stan of Jlr da, to -win All that part of the NW § lying East of Taylor Creek and North of the Seaboard Caastline Rail- road, the NW h of NE $ and all that part of the SW h of -NE k lying North of the Seaboard Coast- line Railroad all in Section 15, Township 37 South, Range 35 East,,Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any, Nt STATE OF FLC7RlD 1 �, STATE 'oy' FLOF IOW1 r ^ DOCUMENTARYr. 57APAP TAXI DOCUMENTARY - ` STAMP TAX t= J UfP1.Of AULNUE I T .n �EPY'.OF kcYEnUf t Q t _ -r - re. _` ants 6 18. 001 o _, = rn = acre rr i NO 900.00 ➢. i = tisri ;p - weal And the sa+d parry of the fuu part 1100 hnrhy Au11y warrant rlx tyle to .raid Uml and will dcfrnd the to W again# the lawful ekirru of all prnmo r{roirowirr. 311 jlititraa X011trtaf, thewd pavof the fim r, tl.ti part hQr rausrd tlust p rmnu to bt signed in iu n"W bJ' rti o rrrrx arras itr t xal ra k of ford attctt-. O .-�•'-;' : ••'. '� •�: - F'rf'rT fA mat 4�� u! by a, xrrrt r ttrr ,fay and dear abo�r r�bcri J: Yt31• a7` nt t]112Ytp of OKEmlGBEE erebg QTel'fi 1 that ott this day of OCTOBER, A:D. 19 79; klotr me pemially appeared MITCHELL RZEPKA and -THOMAS J. SCHMIDT, Prrsddent and Sammy tmperdtrly of - -• _ MACOMB LARD COMPANY ? a rmparrttion UnA7 the laws of -the Slate of;` -MI RXGAN to rat known to, 6r flit persm who sign the fmrgetrg . irntrutnertt as sudi officers and xirrally acknouinked 11re extrulirm 11wml to k lhtir feel• act and dad ar sorb officers for tlrr-uses and purpoms therein mrartiared aid that they affixed 11rewo the offeid seal of said ino7u r- &n.' and drat the said imminent if dw act and dud of said corporation 'Witness my signature and official seal at Okeechobee in the County of Okeechobee acid Slat' of Florida the day and,)rar lam aforaid My m mtstiorr rxpg 1► hizi �tt;�xx of nxib at tme- ima Cemsgm Euoita A�mi 5, 1983 go." h bm*m rim � Notary Public State of Fbr & :f ®1 11 Y1 r� tt. O CV Q •K v OF This Document Prepared By and Return to: OKEECHOBEE ABSTRACT & TITLE INSURANCE, INC. 207 NW 2nd Street Okeechobee Florida 34972 863-763-37i0 Tinda Mars Parcel ID Number: 03-15-37-35-0020-00000-017A Warranty Deed F YLE I+IUM 2�1C)9r�e-1819 2S SHARON ROBERTSON, CLERK OF CIRCUIT COURI OKEECHOBEE COUNTY, FL RECORDED 03131120n9 09:41;35 AM ANY 50,000.00 RECORDING FEES 18.50 DEED DOC 350.0n RECORDED BY R Parrish Pss 1819 - 1920; Qassi This Indenture, Made this 30th day of . March , 2009 A.D. , Between Michael S. Holmes and Linda S. Holmes, his wife of the County of Okeechobee , State of Florida , grantors, and CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under th laws of the state of Florida whose address is: 55 SE 3rd Avenue, Okeechobee, FL 34974 of the County of Okeechobee , State of Florida , grantee. Witnesseth that the GRANTORS, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Okeechobee State of Florida to wit: BEING A PORTION OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THE PLAT THEREOF RECORDED IN PLAT BOOR 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE BEAR N 90000'00"E, ALONG THE NORTH BOUNDARY LINE OF SAID LOT 17, FOR A DISTANCE OF 258.88 FEET TO A POINT; THENCE BEAR N89'45125"E, CONTINUING ALONG SAID NORTH BOUNDARY LINE FOR A DISTANCE OF 1.98 FEET TO THE POINT —OP —BEGINNING. - THENCE CONTINUE N 89045'25"E, ALONG SAID NORTH BOUNDARY LINE FOR A DISTANCE OF 164.91 FEET TO A POINT; THENCE BEAR S 00°00'00"W FOR A DISTANCE OF 269..69 FEET TO THE INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID LOT 17; THENCE BEAR S 9010010011W, ALONG SAID SOUTH BOUNDARY LINE, FOR A DISTANCE OF 99.13 FEET TO A POINT; THENCE BEAR N 66020'01"W, CONTINUING ALONG SAID SOUTH BOUNDARY LINE, FOR A DISTANCE OF 47.34 FEET TO A POINT; THENCE BEAR S 90"00100"W, CONTINUING ALONG SAID SOUTH BOUNDARY LINE, FOR A DISTANCE OF 22.42 FEET TO A POINT; THENCE BEAR N 00000'00"E FOR A DISTANCE OF 250.009 FEET TO THE POINT -OF -BEGINNING. LEGAL DESCRIPTION TAKEN FROM SURVEY DATED 02/03/2009 PREPARED BY DEHAYS DESIGN LAND SURVEYING JOB NO. 06-055 -S, DRAWING NO. 497C (2) (Continued on Attached) and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. ed, sealed and delivered in our presence: - '. /' / _s (Seal) Printed -Name—: n IdLcha-1 9 . Holmes Fji " P.0 Ad�ess: P.O. Box 5, Oz? (_ e, /174973 1 Warranty Deed- Page 2 Parcel ID [umber: 03-15-37-35-0020-00000-017 Subject to current taxes, easements and restrictions of record. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. RETURN TO. City of Okeechobee Office of the City Clerk 55 S.E. 3`d Avenue Okeechobee, FL 34974 PARCEL I.D. NO. 3-15-37-35-0020-00000-017B WARRANTY DEED !l11111IIlrllllllillliMlllil�11181i1i�NIIII1iNllll1111 FILE NUN 200901-43?3 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/23/2009 01:17:12 FN AMT Sfl, r 00.00 RECORDING FEES 18.51i DEED DOC 359.00 RECORDED BY R Parrish F'9s 1289 — 1290; (2ass) THIS Indenture, made this �� day of "e C, 2009, by MICHAEL S. HOLMES & LINDA S. HOLMES, his wife ,of the County of Okeechobee, State of Florida, grantors and CITY OF OKEECHOBEE, FLORIDA a municipal corporation existing under the laws of the State of Florida , whose address is: 55 SE 3'" Avenue, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee. WITNESSETH: That the grantors, for and in consideration of the sum of Ten Dollars ($10), and other good and valuable considerations to the GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted , bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assignees forever, the following described land situate, lying and being in the County of Okeechobee State of Florida to wit: �a LOT 17B. BEING A PORTION OF LOT 17, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE BEAR N90'00'00"E, ALONG THE NORTH BOUNDARY LINE OF SAID LOT 175r FOR A DISTANCE OF 258.88 FEET TO A POINT; THENCE BEAR N89°45'25"E, CONTINUING ALONG SAID NORTH BOUNDARY LINE FOR A DISTANCE OF 166.89 FEET TO THE POINT-OF-BEGINNING;THENCE CONTINUE N89045'25"E ALONG SAID NORTH BOUNDARY LINE, FOR A DISTANCE OF 97.32 FEET TO THE POINT -OF -CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 90°00'00"; THENCE SOUTHEASTERLY, ALONG SAID CURVE AND ALONG THE NORTHEASTERLY BOUNDARY LINE, FOR AN ARC LENGTH OF 70.69 FEET TO THE POINT -OF -TANGENCY OF SAID CURVE, SAID POINT LYING ON THE EAST BOUNDARY LINE OF SAID LOT 17; THENCE BEAR S00014'35"E, ALONG SAID EAST BOUNDARY LINE, FORA DISTANCE OF 68.32 FEET TO THE POINT -OF -CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING FOR ITS ELEMENTS A RADIUS OF 112.00 FEET AND A CENTRAL ANGLE OF 35052'27"; THENCE SOUTHEASTERLY, ALONG SAID CURVE, AND CONTINUING ALONG SAID EAST BOUNDARY LINE, FOR AN ARC LENGTH OF 70.13 FEET TO THE POINT -OF -TANGENCY OF SAID CURVE; THENCE BEAR S36°07'32"E, CONTINUING ALONG SAID EAST BOUNDARY LINE, FOR A DISTANCE OF 81.95 FEET TO THE POINT -OF - CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND WARRANTY DEED - Page 2 Parcel ID No. 3-15-37-35-0020-00000-097B LEGAL DESCRIPTION TAKEN FROM SURVEY DATED 02/03/2009 PREPARED BY DEHAYS DESIGN LAND SURVEYING JOB NO.0"S", DRAWING NO.497C (2) TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantors hereby covenant with the said grantees that the grantors are lawfully seized of the said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, including taxes accruing subsequent to December 31, 2008, and through date of recording of this instrument which remains the obligation of grantor. IN WITNESS WHEREOF, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered -5i P,9. Address: P.O. Box 5, Okeq&obee, ijL 34973 P.O. Address: P.O. Box 5, Okeechobee, FL 34973 —. r v• rVxVV/1 COUNTY OF OKIEECHOBEE I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take administer oaths and take acknowledgments, personally appeared MICHAEL S. HOLMES and LINDA S. HOLMES, who are personally known to me, or who produced as identification, known to me to be the person described in and who executed the foregoing instrument, who is an authorized officer of said corporation, and who acknowledged before me that he executed same, and an oath (was) (was not) taken. ITNESS my hand and official seal in the County and State last aforesaid thisd3ed day of ! h. , 2009. )Z —;- ---- — S LANEG�IIOT� Notary Public MYCQMA4ISS►ONiFDD6J6199 My Commission Expires: )/ao// E7tPpiES: Jurc 22, 7At 1 �-�11NOTARY FL Nahry Deoami,l�, � Exhibit 4 iy 21, 2019 Page 1 of 3 Revised 3-91-17 3- s-, 4 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-9821 Fax: 863-763-1686 PARK USE AND/OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: (10i Date Issued: Application No: C; (- i Date(s) &Times of Event: ' ; q n r1l -H l -ill u Tnfnrmatinn- Organization: VL�j - C i L1 l CA OR o " (J"INDCL, Mailing Address: 4G Contact Name: -Y1C_ •��- .Ylil 'rC►1S'1 i�i' �(('(+L-)yrLb d7 Ld-& e 6 Ciro c�&Z. ' t4k004-t E-Mail Address: J I Work: 111(r►-1 - I Home: I I Cell: I Rnmmsry of activities - Vac J&te4 l of ` &; C ch I rL e IN " eAl dia( J I a- (K I an" 0 4 ' clot d a Proceeds Please check requested Parks: % I k sf(Q.e- k (�'Ll: SL") 4ult UN\S'- Flagler Parks: ❑ City Hall Park ❑ 41 Memorial Park ❑ #2 ❑ #3 ❑ #4 ❑ #5 ❑ #6 [Park 3 is location of Gazebo. Park 4 is location of Bandstand] (If other private property used in conjunction with this Park Use Permit please provide the address and parcel number below along with notarized letter of authorization from property owner) Additional Addresses, if applicable Parcel ID: 11A Page 2 of 3 Revised 11/4/16 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (Street Closings require City Council approval. Meetings I" & 3rd Tuesdays but subject to change) Address of Event: 3(OS1 i 1_* , )- Qc Ccr((-_)QI( 4"irICts, -io I- (c &,L,041 Street(s) to be closed: S \� LA,, SF , + LL)e.Crl 54-,, , i-r, r ve.nCkZ- Date(s) to be closed: �j�cr L ' L Lmoc — C -20 iq Time(s) to be closed: Am C0.0 h CICt 1-c, 1 P (� (I! CAG-e Purpose of Closing: ,cj,c - or C I`�l_l�.t c� ( oSS�"1 �l �� 't.c %rr a�� ta:ii' J Attachments Required for Use of Parks Attachments Required for Street/Sidewalk Closings ► Site Plan ► Site Plan c.tl (ZLtu l ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of .(,t,P1sto— $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee and R. . additional insured. Hamrick Testamentary Trust as Additional Insured. ► Proof of non-profit status (IRS-Detetnrination ► Original signatures of all residents, property owners and L-etfeo— business owners affected by the closing. N( A 0_ oIN ► State Food Service License if> 3 days. ► State Food Service License if> 3 days. ► Notarized letter of authorization from ► State Alcoholic Beverage License, if applicable." property owner, if applicable.* * Required if private property used in conjunction with a Park Use application. ** Alcoholic beverages can be served only on private property. Alcoholic beverages NOT ALLOWED in City Parks, City streets or City sidewalks. See additional note below. ❑ Please check if items will be sold on City streets/sidewalks. Each business will need to apply for a Temporary Use Permit 667 along with the Street Closing application. Note: ► Clean-up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arises out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual costs incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cashier's check or advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant of this Park Use/Street Closing Permit. Page 3 of 3 Revised 11/4/16 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-8 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the riles and regulations, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance ' Certificate of Insurance must name City of Okeechobee as Additional Insured as well as R.E. Hamrick Testamentary Trust if closing streets or sidewalks. Applicant Signature IRQ C/li La) Date ""OFFICE USE ONLY•••• Staff Review j Department: /'Fire Date: Building Official: Date: Public Works: �� Date: 1 5"q-� 4% Police Department: Date: BTR Department: 1 I�%� Date: City Administrator: `" ""- Date: City Clerk: Q Q - Date: I Q C NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Application #: APPLICATION ION FOR SPECIAL EVENT Date Submitted: 5 - 61 _ J 0 (q Permit #: M I A - NAME OF EVENT: Te i`nGJ n-V U s4e Q4 CLGSCPq IS�C 0A M61 ADDRESS OF EVENT: 31C SW S4, Po ehu oel -Acly-ud 64ikM NAME OF SPONSOR ORGANIZATION: Contact Number before and during event OF RESPONSIBLE PERSON: lr1W le KOO,�is DATE(S) AND TIME(S) OF EVENT: Date: i a IQ 14, 201Ci Starting Time: am Closing Time: I MA Q VO4 IA ad-1salt Date: Starting Time: Closing Time: 81- 36AYE 6 1�1 m Date: Starting Time: Closing Time: ARE ANY ROADWAYS TO BE BLOCKED/CLOSED? � �j LOCATION bi Wft 54-�-Y- Will Emergency Apparatus (Fire and Ambulance) have access to area? U�iU IF NO, THEN EXPLAIN i (provide alternatives): tiIA WILL ELECTRICITY BE USED? YES ❑ ONO 3Z Locations: tv Provided By: WILL HEATING/OPEN FLAMES FOR FOOD BE PROVIDED? YES ❑ ❑NOS Type of Heating Equipment Used: Q / 1!- WILL A TENT BE ERECTED? YES ❑ NOS Tent Manufacturer: Size i; j p, fire rating posted: �fI Tent have sides and how many? tjtj�..t below to assist with. exli �rclingt:safet T ***ATTACH SITE MAP OF EVENT LAYOUT*** The following items to be completed by Fire Department only FIRE DEPARTMENT LIFE SAFETY & FIRE SERVICES REQUIREMENTS: (See above) O Tents/canopy fire rating certificate required. O Tent Size require life safety inspection (900 square feet or less then no permit is required) O Floor plan / seating / setup drawing required showing exits, etc. O Emergency access must be maintained. (REFERS TO VEHICLES AND EQUIPMENT) O Fire extinguishers must have current tag, and be operational and readily accessible. O Cooking requires LPG outside of tent pointing away from exposures. O Electrical wiring exterior rated, not overloaded. O Fire Services inspection required. O Fire watch or inspector(s) REQUIRED? FIRE WATCH Amount: O Firefighter/Inspector Amount: / Q� Othev FIRE DEPARTMENT PFVICIAL RINT): /T/� wit z\ SIGNATURE: Please call the FD at 863-467-1586 for any questions. 1:'E blpf ('s+—[ w sbu)-4 OVOSC6-q -k V- � CSS Temporarily close this part of SW 4th St between 5- & 6- Ave!s on 10 -lq. 2019 Field Area rVOCIMain son) - I Prn _Campus AMOK Q IME ; y m M " L S�- Plan A iL -P 2 A Excerpt of City Map with First Baptist Church property identified, and the portion of the street requesting to temporarily close. Should any tents be used they will be small portable ones, no larger than 101 x 101. Requesting temporary barricades from Public Works. r Drvr, mu or CJRpLR3T intis J Department of State / Division of Corporations / Search Records / Detail By Document Numher / Detail by Entity Name Florida Not For Profit Corporation FIRST BAPTIST CHURCH OF OKEECHOBEE, INC. Filing Information Document Number 718538 FEI/EIN Number 59-0948707 Date Filed 05/18/1970 State FL Status ACTIVE Principal Address 401 S.W. 4TH ST. ATTN: BEVERLY SHURLEY OKEECHOBEE, FL 34974-4240 Changed: 04/03/2001 Mailing Address 401 S.W. 4TH ST. ATTN: BEVERLY SHURLEY OKEECHOBEE, FL 34974-4240 Changed: 04/03/2001 Registered Agent Name & Address LEVINS, THOMAS C 8511 S.W. 2ND STREET OKEECHOBEE, FL 34974 Name Changed: 05/01/2008 Address Changed: 05/01/2008 Officer/Director Detail Name & Address Title TD TURBEVILLE, JOI C 2198 N.E. 54th Trail OKEECHOBEE, FL 34972 Title SD WHITE, ROBERT D 1888 N.W. 3RD LANE OKEECHOBEE, FL 34972 Title PD LEVINS, THOMAS C 8511 S.W. 2ND STREET OKEECHOBEE, FL 34974 Title VP GILLIS, TIM 1910 N.E. 54TH TRAIL OKEECHOBEE, FL 34972 Title Director Caves, Robert 815 SE 9th Court Okeechobee, FL 34974 Annual Reports Report Year Filed Date 2016 03/09/2016 2017 04/19/2017 2018 03/12/2018 Document Images 03/12/2018 — ANNUAL REPORT View image in PDF formal 04/1912017 — ANNUAL REPORT View image in PDF format 03/09/2016 — ANNUAL REPORT View image in PDF format 06/0812015 — ANNUAL REPORT View image in PDF format 04/21/2014 — ANNUAL REPORT View image in PDF format 03/20/2013 — ANNUAL REPORT View image in PDF format 03/22/2012 — ANNUAL REPORT view image in PDF formal 04/27/2011 — ANNUAL REPORT View image in PDF format 05/03/2010 — ANNUAL REPORT View image in PDF format 10/16/2009 — ANNUAL REPORT View image in PDF format 03/19/2009 — ANNUAL REPORT View linage in PDF format 05/01/2008 — ANNUAL REPORT View image in PDF format 05/23/2007 — ANNUAL REPORT View image in PDF formal 05/17/2006 — ANNUAL REPORT View image in PDF format 04/26/2005 — ANNUAL REPORT View Image in PDF formal 10125/2004 —ANNUAL REPORT View image in PDF format 04/16/2004 —ANNUAL REPORT View image in PDF format 04/07/ = — ANNUAL REPORT View image in PDF format 05/13/2002 — ANNUAL REPORT View image in PDF format Exhibit 5 May 21, 2019 RESOLUTION NO.2019-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM STATE FUNDED GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING IN AN AMOUNT NOT TO EXCEED $334,951.00 IN THE CONSTRUCTION ON SOUTHWEST 5TH AVENUE, FROM SOUTH PARK STREET TO SOUTH OF CENTRAL ELEMENTARY SCHOOL PROJECT; PROVIDING FOR THE CITY CLERK TO PROVIDE A CERTIFIED COPY OF THIS RESOLUTION AND EXECUTED AGREEMENTS TO FDOT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Okeechobee, Florida, approved the execution of a Small County Outreach Program (SCOP) Agreement with the Florida Department of Transportation (FDOT) providing for funding by FDOT of certain improvements to Southwest 5th Avenue from South Park Street to South of Central Eleementary School under Financial Project Number (FPN) 442242-1-54-01;and WHEREAS, the FDOT has projected participation up to 100 percent of the $334,951.00 estimated cost to reimburse the City of Okeechobee for the construction of work under the SCOP Agreement; and WHEREAS, the FDOT requires the City of Okeechobee to provide a Resolution authorizing entry into SCOP Agreement and authorizing its Mayor or designee to execute the Agreement; and WHEREAS, the City of Okeechobee finds it is in the public interest that the parties enter in to the SCOP Agreement. NOW, THEREFORE, be it resolved 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: On the below date, the City Council for the City of Okeechobee, Florida, approved by majority vote, SCOP Agreement for FDOT FPN 442242-1-54-01 for construction on Southwest 5th Avenue, from South Park Street to South of Central Elementary School Project and authorized its Mayor or designee to execute the Agreement. SECTION 2: The City Clerk of the City of Okeechobee shall forward a certified copy of this Resolution, together with two original executed SCOP Agreements, to FDOT. SECTION 3: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 5: Effective Date. This Resolution shall take effect immediately upon its adoption. INTRODUCED AND ADOPTED in Regular Session this 21s' day of May, 2019. ATTEST: Dowling R. Watford, Jr., Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney RESOLUTION NO. 2019-03 PAGE 1 OF 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT FPN: 442242-1-54-01 Fund: SCRC FLAIR Category: Org Code: 55014010106 FLAIR Obj: 751000 FPN: FPN: Fund: _ Org Code: Fund: _ Org Code: County No:91 - Okeechobee Contract No: FLAIR Category: FLAIR Obj: FLAIR Category: FLAIR Obj: 525-010-60 PROGRAM MANAGEMENT 02119 Vendor No: F596000393001 THIS STATE -FUNDED GRANT AGREEMENT ("Agreement") is entered into on , (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and City of Okeechobee, ("Recipient'). The Department and the Recipient are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties". NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7), and (select the applicable statutory authority for the program(s) below): ❑ Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008) ® Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009) ❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Legal Authority, Insert Funding Program Name, Insert CSFA Number The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E", Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in construction on SW 51h Avenue from Park Street to S of Central Elementary, as further described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ('Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and to set forth the manner in which the Project will be undertaken and completed. 3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before 06/30/2022. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement, or for work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Page 1 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM RIANAGEMENT ozn s Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Recipient shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request a Notice to Proceed from the Department. 4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. S. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable laws or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination in writing within thirty (30) days of the Department's determination to terminate the Agreement, with instructions as to the effective date of termination or to specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: a. The estimated cost of the Project is $334,951.00. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $334,951.00 and, additionally the Department's participation in the Project shall not exceed 100% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: L Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and Page 2 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/19 iii. Department approval of the Project scope and budget at the time appropriation authority becomes available. 7. Compensation and Payment: a. The Department shall reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial Assistance in Exhibit "B". b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require an amendment executed by both parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that is approved by the Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not compensable under this Agreement. f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. ❑ if this box is selected, advance payment is authorized for this Agreement and Exhibit "G", Alternative Advance Payment Financial Provisions is attached and incorporated into this Agreement. If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should be aware of the following time frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Page 3 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT ozn s If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's financial assistance for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." Page 4 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02i19 m. Any Project funds made available by the Department pursuant to this Agreement which are determined by the Department to have been expended by the Recipient in violation of this Agreement or any other applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. ® If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts of the Recipient a. The Department has the right to review and approve any and all third party contracts with respect to the Project before the Recipient executes any contract or obligates itself in any manner requiring the disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. It is understood and agreed by the parties hereto that participation by the Department in a project that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, Page 5 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT owls construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that are not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department. c. Participation by the Department in a project that involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Page 6 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02I19 Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT's right of way. f. The Recipient shall adhere to the Department's Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient's contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior to final inspection. 11. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient ® shall ❑ shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited to on - site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through Page 7 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/1 s the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Recipient meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSincieAjclit a dot.state.rl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudoen localgovi c aud.state.fi.us Page 8 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT OZ79 v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has 'been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. Page 9 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT oz11 s f. The Recipient shall: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: a. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of this Agreement. c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification) who perform work in connection with this Agreement: "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT] and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third parties. This indemnification shall survive the termination of this Agreement." d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's Page 10 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 02/19 Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policylies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have_ When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. g. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipient and the making Page 11 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01460 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT o2iis of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed as soon as possible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chapter 119, Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16. Exhibits. a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. ® The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is attached and incorporated into this Agreement. c. ❑ A portion or all of the Project will utilize the Department's right-of-way and, therefore, Exhibit F, Terms and Conditions of Construction in Department Right -of -Way, is attached and incorporated into this Agreement. d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance *Exhibit C: Engineer's Certification of Compliance Page 12 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PRCGRAA MANAGEM0211/19 Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F: Terms and Conditions of Construction in Department Right -of -Way *Exhibit G: Alternative Pay Method Attachment F — Contract Payment Requirements *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. The remainder of this page intentionally left blank. Page 13 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT CITY OF OKEECHOBEE By: Name: Dowling R. Watford, Jr. Title: _ nliayor ATTEST: Lane Gamiotea, CNIC, City Clerk REVIEVVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 525-010-60 PROGRAM MANAGEMENT 02119 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Title: Director of Transportation Support or Designee Legal Review: By: Name: Page 14 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT OGC • 08/15 Page 1 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 442242-1-54-01 This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of Transportation and of Okeechobee PROJECT LOCATION: ❑ The project is on the National Highway System. ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 0.49 miles PROJECT DESCRIPTION: Southwest 5th Avenue from Park Street to South of Central Elementary The purpose of this Exhibit is to describe the scope of work and the responsibilities of the City of Okeechobee in connection with the widening and resurfacing of Southwest 5th Avenue from Park Street to South of Central Elementary, approximately 0.49 miles. Upgrades to pedestrian facilities to meet ADA compliance, throughout the project limits, will be addressed, as appropriate. The existing school zone signing and pavement markings, including the School Zone Flashing Beacon and appurtenances will be updated or replaced, as appropriate. The general objective is for the City of Okeechobee to provide contract administration, management services, construction engineering inspection services and quality acceptance reviews of all work associated with the design and construction of the resurfacing and associated improvements. Specifically and non inclusive, the following are included in the Scope of Services: • Milling and Resurfacing the existing travel lanes according to City specifications. • Signing and pavement markings to meet the latest MUTCD standards, as appropriate. • The plans shall include an appropriate provision for maintenance of traffic. • Construct or reconstruct, as appropriate, sideroad and driveway turnouts. • Construct or reconstruct adequate drainage facilities to accommodate the roadway improvements, as appropriate. • Provide for the preparation of the Roadway Plans Package. • Identifying and obtaining any geotechnical investigation, analysis, and design dictated by the project needs. All geotechnical work necessary shall be performed in accordance with the governing regulations. • Construction Plans and Documentation provided for FDOT review at 60% and 100% completeness. • Plan Specifications and bid packages, to be provided by 100% Plan review. • A Professional Engineer, registered in the State of Florida, in responsible charge of the project's design shall professionally endorse (sign, seal and certify) the record plans, the special provisions and all reference and support documents. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MA NAGEMENT OGC - 08/15 Page 2 of 2 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES • Construction of the Project will not commence until FDOT has approved the construction plans and specifications and all required right-of-way has been properly obtained and certified (if applicable). • Coordination with utility owners during design and construction will be required to determine and avoid potential impacts. Where unavoidable, disposition of the utility conflicts should be coordinated. • Acquisition of all applicable stormwater and environmental permits in accordance with Chapter 62-25, Regulation of Storm water Discharge, Florida Administrative Code; Chapter 373 and 403, Florida Statutes; Chapters 40 and 62, Florida Administrative Code; Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act; and parts 114 and 115, Title 33, Code of Federal Regulations. In addition, permitting required by local agencies shall be prepared in accordance with their specific regulations. Acquisition includes all associated permit fees. • Provide Construction Engineering and Inspection (CEI) and Quality Assurance Engineering. • Upon completion of construction, Final As -built Construction Plans, signed and sealed by a Professional Engineer, registered in the State of Florida, will be provided. • Coordinate construction activities with other projects that are impacted by this project. This includes projects under the jurisdiction of local governments or other regional and state agencies. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Right -of -Way to be certified by June 30, 2019 b) Construction contract to be let by December 31, 2019 c) Construction to be completed by June 30, 2022 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 09/, 7 EXHIBIT "B" Page t or 2 SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER: 55 S.E. Third Avenue 442242-1-54-01 Okeechobee, Florida 34974 I. PHASE OF WORK by Fiscal Year: FY 18/19 FY FY TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A' or or or or $ 0:00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 yf'`^.1s'' ,:o- Construction/CEI - Phase 54 $ 334,951.00 $ 0.00 $ 0.00 $334,951.00 Maximum Department Participation - (_) or or or or $ $ $ $ 0.00 Maximum Department Participation - (SCRC) or or or or $ 334,951.00 $ $ $ 334,951.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") %% % % or or or or $ 0.00 $ 0.00 $ 0.00 $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 MANAGEMENT STATE -FUNDED GRANT AGREEMENT PROGRAM 09/17 EXHIBIT "B" Page 2 of 2 SCHEDULE OF FINANCIAL ASSISTANCE Insert Phase and Number (if applicable)- $0.00 $0.00 $0.00 $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $0.00 Maximum Department Participation - (Insert Program Name) or or or or $ $ $ $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % % % % or or or or $0.00 $0 . 00 $0,00 $0.00 In -Kind Contribution $ $ $ $0.00 Cash $ $ $ $0.00 Combination In-Kind/Cash $ $ $ $0.00 II. TOTAL PROJECT COST: $334,951.00 $0.00 $0.00 $334,951.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. Jobin Abraham District Grant Manager Name Signk-t-1 0412.71zollr Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52&010.50 STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT Gg/17 Page 1 of 1 EXHIBIT "C" ENGINEER'S CERTIFICATION OF COMPLIANCE Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. NOTICE OF COMPLETION STATE -FUNDED GRANT AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and CITY OF OKEECHOBEE PROJECT DESCRIPTION:SW 5TH AVENUE FROM PARK STREET TO S OF CENTRAL ELEMENTARY FPI D#: 442242-1-54-01 In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20_ By: Name: Title: ENGINEER'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the State -Funded Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient shall fumish the Department a set of "as -built" plans certified by the Engineer of Record/CEI. SEAL: By: Name: Date: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-OIMO STATE -FUNDED GRANT AGREEMENT PROGRAM MM�AGEMENT can 7 Page, oft EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Awarding Agency: Florida Department of Transportation State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008) and CSFA ® Small County Outreach Program (SCOP), (CSFA 55.009) Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016) ❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026) ❑ Insert Program Name, Insert CSFA Number *Award Amount: $334,951.00 *The state award amount may change with supplemental agreements Specific project information for CSFA Number is provided at: nips://air �s. Id s.Com/�saa;s a; chC�iaioq.asu;; COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number are provided at: Il lLi7�./Ici'�OJ.IIGiS.:.01'il/iS�1%SBi?i Cil �:Oii�CliciilC 0^ SOX The State Projects Compliance Supplement is provided at: hc�!�s:/laoos. ic'rs.coin/ say/corna!iance.as�:; STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E25-01C-EC) STATE -FUNDED GRANT AGREEMENT PROGRAM MPNAGEMENT 10f1 a Page 1 of 1 EXHIBIT "E" RECIPIENT RESOLUTION The Recipient Resolution, or other official authorization, authorizing entry into this Agreement is attached and incorporated into this Agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEMENT PROGRAM AANAGEMENT asm Page 1 of 1 ATTACHMENT F CONTRACT PAYMENT REQUIREMENTS Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address http://www.mviloridacfo.com/aadir/reference guide/. Exhibit 6 - ,.OF May 21, 2019 City ®f Okeechobee PROPERTY DISPOSAL REQUEST FORM Date: 5/2/19 Department requesting item to be sold: ElPolice ❑Fire ❑Public Works ❑General Services ❑Admin ❑Clerk ❑Finance Property ID: 1616 Asset ID:133 Reason for Disposal: OSurplus ❑Damaged ❑Other: Brief description of item: (Please be sure tojll out the coorespoudiugjorm) ❑Building / Trailor ❑Bus ❑Fire Apparatus ❑Heavy Equipment El Heavy Truck ❑Marine / Boat ❑Office Equipment ❑Tractor ❑Vehicle (]Generic: Handheld radar Make/Brand: Stalker Notes: Model: ATR Year: 2003 Serial Number: AT79047 Current Condition: Poor Estimated Value at Time of Acquisition: $ 2,150.00 Estimated Value at Current Date: $100.00 I hereby request approval to dispose of the above listed item/s via: GovDeals.com Auction Site 17Other: Donation to other agency Department Head Approved this day of !-v 20 /-J by Date submitted City Administrator �5�eriff April 30, 2019 ,Of THE SH co T F40110 STEVE WHIDDEN, SHERIFF Lieutenant J. Bernst Okeechobee Police Department 50 Southeast 2nd Avenue Okeechobee, FL 34974 Lt. Bernst, It has come to my attention that your department may have an extra radar unit that is currently not in use. The Sheriff's Office, and I, would greatly appreciate if you would be willing to donate that radar to the Hendry County Sheriffs Office. Yours in traffic safety, .fib, e-0-4 Sgt. Chris Norwood Hendry County Sheriff Office 863-805-5005 cnorwood@hendrysheriff.org 101 South Bridge Street • Post Office Box 579 • LaBelle, Florida 33975 Telephone 863-674-5600 9 Fax 863-674-5634 i MEMORANDUM 0 0 • gt + TO: Mayor Watford and City Council FROM: City Clerk Gamiotea DATE: May 7, 2019 SUBJECT: Annual Evaluations for Attorney and Administrator It is time to complete the annual evaluations on Attorney Cook and Administrator Montes De Oca. The matter will be on the agenda for May 21st. Attached please find: 1. Blank Evaluation Fcrms; 2. A copy of their current employment contract; 3. A copy of the evaluation you completed last year (if applicable); 4. Minute pages from last year, reviewing the evaluations. Procedures to complete evaluations: ❑ Complete your evaluation forms — SIGN & DATE both on page 3. ❑ Before May 21st, if you want to individually meet with either of them to review your evaluation, contact Robin to schedule this. The purpose of the individual meetings is to address any concerns and/or questions in detail. ❑ Bring your COMPLETED evaluation forms to the May 21st meeting. They will be collected and given to Mayor Watford to compile the average scores. ❑ After the meeting, the evaluations are provided to Attorney Cook and Administrator Montes De Oca to sign. Each evaluation is copied to the minute file and their respective contract files. Thank you and please call if you have any questions. MAYOR'S WORKSHEET TO CALCULATE AVERAGE SCORE ON EVALUATIONS May 21, 2019 Council Meeting Marcos Montes De Oca John Cook Final Score from Mayor Watford Final Score from Abney Final Score from Clark Final Score from Jarriel Final Score from Keefe Total f(%Z Divided by 5 Evaluators = Average Final Score: Final Rating: Score Key: E = 5.0 G = 4.0 S=10 F = 2.0 U = 1.0 Revised 11/16/09-LG F•oKEEH 'W = CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Watford Employee Name Today's Date John R. Cook May 21, 2019 City Council Meeting Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 4/1/1988 Position 4�1�$$ ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must o rfn rm E Extremely knowledgeable on all phases of work. (> Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the I IL E Exceptionally accurate, completes & surpasses established quality standards. (� Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. UID- 66 v 7 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willinq!y to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. `7 Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve iob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. G Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. E No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willinaness to extend hours of work if necessary. E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. 1= Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: overall appraisal of the employee's job performance. OVERALL RATING: 5 Points 4 Poi Circle one E G List Accomplishments since last evaluation and any Comments: s 2 Points 1 Point 3►. o S F U 3.995 Discussion with Employee/Comments from Supervisor or Employee: Employee Signature: Print Name: John R. Cook Date: 51,91 fiq Evaluator's Signature: Print Name: Dowling R. Watford, Jr. Date: Department Head Signature: Print Name: Mayor Dowling R. Watford, Jr. Date: 5 EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy 5+ f Revised 11/16/09-LG `S'.Oi•OKEFCy CITY OF OKEECHOBEE . Abney • 9, - EMPLOYEE PERFORMANCE EVALUATION Employee Name Today's Date John R. Cook May 21, 2019 City Council Meeting Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 4/1/1988 Position 4�1�88 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary 13 Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must ncrfnrm E Extremely knowledgeable on all phases of work. Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the n �., oc'c uinrL E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are ..lam, t�,.J offniontly .ten!! offo n+ivoly E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. iffilk Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. dOIN Noo ICMD Afonvr a 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the jc.b done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility, and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. G Cooperative attitude and is interested in maintaining good working relationships. Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. G Very resourceful, assumes additional responsibility. Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willinaness to extend hours of work if neressarv_ E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: overall aDDraisal of the emalovee's iob Derformance. OVERALL RATING: Circle one oints rE 4 Points G 3 P is 2 Points F 1 Point U o2(o•t7 U Si List Accomplishments since last evaluation and any Comments: Discussion with EmployeeJComments from Supervisor or Employee: Employee Signature: Print Name: John R. Cook Date: 51,011 Evaluator's Signature Print Name: Wes Abney, Council Member Date:,S Department Head Signature: Print Name: Mayor Dowling R. Watford, Jr. Date: r EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy a olg P 3 0-F3 0ba; 05/20/2019 21 :02 Courtyard Marriott r ' (FAX)352 237 0580 P.002/005 5 3 CITY OF OKEEC HOBEE EMPLOYEE PERFORMANCE EVALUATION Revised 11/16109-La Clark Employee Name Today's Gate John R. Cook May 21, 2019 City Council Meeting Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began present Purpose of Evaluation ✓ one; ❑ 2-Mth Intermediate 4/1/1988 Posltlon 411/88 O 4-Mth Intermediate d 6-Mth/End Probationary to Annual I7 Other KEY TO, RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR - -U.: --UNSATISFACTORY 1. JOB KNOWLEDGE; Employee possesses a clear understanding of the responsibllitles and tasks he or•she must n a rrorm . Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. .S Adequate knowledge of most phases of work. F hacks adequate knowledge of some phases of work. U Inedequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The nearness, thoroughness, accuracy end overall quality of the amntnvea'A work_ E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. ns Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Cluality of work Is sometimes below standard: frequently requires reworking, 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates e,commitment toward achieving results. Tasks are nnmm1n1nr1 P1111cinntly anri affnnllvaly E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned, Maintains assigned quantity of work, F F,roductivlty often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. C20A N iof Clark N' mo 4. DEPENDABILITY: Can be retied upon fo complete assigned task, follow instructions and adhere to operating olieics and rocedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gels job done according to schedule and within policy guidelines. Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the Ivb done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Resnonds wiffinoty to chanoes in nracerlure- nrnrrrss rnsnnnsibility and assionnlents. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively oontribates towards a_safe wow ace....__.—_-. ti E No personal injury an vehicular or other accidents. Exceptional care in use of equipment and obIvery of work rules. Maintains neat, orderly work area or utilizes special safely equipment provided. May have had a personal injury of first -aid nature only and for a non -preventable motor vehicle acciq G salfety conscious. Demonstrates concern for care•of equipment; orderliness of work area. cular dents. Gene Generapy safety conscious. May i me to d wok area minor aUsualYl injury amaintains toderly netat work aear S displays overall care in use of equip ---�—' had personal lost time accident($). occasionally disregards rules and fails Mu st be counseled on safety. Has to maintain proper rare of equlpm:�nt and work area. F Unsafe• Has had se1Vare lost time personal and/or vehicular accidents. Lacks concern for proper care of eciuif� ent and work area; does not fallow work rules as instructed. a N _ 05/20/2019 21;02Courtyard Marriott (FAX)352 237 0580 P.003/005 ,i B. Attendance; Consider consistency In reporting to work daily, conforming to work hours and schedules; responsible LIRA of AAt"Ad Inn Lisa Nma pnrf wllllnnnne�e fn AVnrl hnuro- nr wnd• If nnnaooe ry EA, E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires It. OSkPrompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardlness; frequently reluctant to accept additional work hours. U Frequent un•excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall anoralsal of the amnlnvnP'c inh narfnrmqnr.A OVERALL RATING: 'Circle one s Poln E olnts G e o n to t Point- F U List Accomplishments since lest evetuntlon and any Comments: ro'►►%t% ►s very w1 1,mCr.1olg a -Ntia 5.4a4-e. Imcal Codes a'd S+Mie r v 1,5 KA* li"S5Eus craps 5 2wau. a -fl j- cUP- 4.►a a % lk t o'1-- ,4e11 u ne.eirn,4 o oe,+ V6L4__1 tLL' 5 1-;-vuts `ti A-+ Fias eon e 41AL 1 "alt C& has1 ti 20119 &11 :PM Lpdv (�/ in • V.�/'LC�-�v3-T!)1f'i /1�� h7.�� Tr ' ' L. L.��7��t��i�� - ��.. °s. �oj!. a, �r w12g d «.4.4. Ge— s, I.A. 14.s4r a c va l "A : �u•�. t V t, art.- , e. S GL t'Z e 5 Or 155rW 61! // + It 0 to"',tiAr 3 �; a( re res 4,� Cc cat,�G� aV a 's 1�a n w a " -,l-n �� mp oyee Ig at re, t rint Name: J0 n Co k ate; J 0) Evaluator's "Ignature'. Print Name: Monica Clark, Council Member Date; D Ll Department Head Signature: ✓�'� Print Name; Mayor Dowling R. Watford, Jr. Date: J ` EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 930rigincal QDepart head Copy ❑Supervisor's Copy UEmployee's Copy . C�arK f' f Revised 11/16/09-LG y.0F•0KEECy o� CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Jarriel Employee Name Today's Date John R. Cook May 21, 2019 City Council Meeting Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 4/1/1988 Position 4� 1�88 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY:1 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must ncrfnrm E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Larks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the ..�n E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results.. Tasks are E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S� Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. 0c)[9 P311 ot_�) 4. DEPENDABILITY: can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. \ Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure. process. responsibility and assianments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. G Cooperative attitude and is interested in maintaining good working relationships. S, Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve lob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. G Very resourceful, assumes additional responsibility. SJ Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety re ulations, and actively contributes towards a safe workplace. LNo E personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. '90 i PgaC43 i 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willingness to extend hours of work if necessary. E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: overall appraisal of the employee's job performance. OVERALL RATING: (('.*'ircle one 5 Points E 4 Points G 3 Points S 2 Points F 1 Point U J`7.p=. e zi- 3, -:, j 5 List Accomplishments since last evaluation and any Comments: Discussion with Employee/Comments from Supervisor or Employee: Employee Signature: Print Name: John R. Cook Date: 5 ql 1 Evaluator's Signature: Print Name: Bob Jarriel, Council Member Date: - Z Department Head Signature: Print Name: Mayor Dowling R. Watford, Jr. Date: EMPLOYEE: MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy ,Aoi ci Pg 3vC'-3 3if-ri el e 3 1 Revised 11/16/09-LG y.OF'OK�Cy `_ o CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Keefe Employee Name John R. Cook Today's Date May 21, 2019 City Council Meeting Department Job Title Legal Counsel City Attorney Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 4/1/1988 Position 4/1/1988 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary M Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must norfnrm E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U elto give confident, knowledgeable answers to the Inadequate knowledge of most phases of work. Unable 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the m nlmine'n u.�r4 E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. (� Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are .. L.. a...a ..CFi..:....al., i...d .. FF....a:....1.. E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. Shows no commitment toward achieving results. Always requires constant ionow-up: vne uem atunc krriniALIVU Baptist Church property) has been neglected since at least 2015. jon P�bP3 3 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. Q Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. ODoes not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. Prefers to follow "Unwritten Policies" so as to avoid doing his job. Fails to follow through and get the job one. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. ResAonds willingly to chances in Procedure. process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. G Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve iob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. G Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a safe workplace. E No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally .S displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. dole r?9_-*2of'�5 keeM, 2 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willinoness to extend hours of work if necessary E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hourrs. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall appraisal of the emplove&!s iob Derformance. OVERALL RATING: Circle one 5 Points E 4 Points G 3 Points S 2 Points F 1 Point U r Sys List Accomplishments since last evaluation and any Comments: This is my first evaluation of Mr. Cook, but after reviewing his last evaluations I can say there are no accomplishments to list. Although I have only been a Council Member for 5 months, 1 have observed enough. Being the City Attorney for over 30 years has allowed Mr. Cook to become complacent.. His inattentiveness at City Council meetings is blatant, which shows a lack of respect for the Council and Staff. His inability to provide immediate legal advice or opinion at meetings is rather concerning, and causes delays to action being taken by the Council. Mr. Cook lacks a sense of urgency in his work, which further delays City business. In fact, his evaluations for the past 13 veers have shown consistent complaints about this same issue - timeliness of completing assigned tasks. Discussion with Employee/Comments from Supervisor or Employee: Employee Signaturer\, rint Name: John R. Cook Date: `,- Evaluator's Signature: ,% 01, Print Name: Bobby Keefe, Council Member Date:5, h/ Department Head Signature: Print Name: Mayor Dowling R. Watford, Jr. Date:l V EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy MAYOR'S WORKSHEET TO CALCULATE AVERAGE SCORE ON EVALUATIONS May 21, 2019 Council Meeting Marcos Montes De Oca John Cook Final Score from Mayor Watford Final Score from Abney S Final Score from Clark ,- y 1 0 1 Final Score from Jarriel 5o Final Score from Keefe 38175 Total Divided by 5 Evaluators = Average Final Score: 3 2 Final Rating: 1 •, C) cd Score IKey: E = 5.0 G = 4.0 S = 3.0 F = 2.0 U = 1.0 i � l Revised 11/16/09-LG `yy.OF•OkpECy I? _�m CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Watford Employee Name Today's Date Marcos Montes De Oca May 21, 2019 City Council Meeting Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 10/1/2015 Position 10/1/15 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary Annual ❑ Other KEY TO RATINGS =E.:ELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must n a rdrmxi E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the Exceptionally accurate, completes & surpasses established quality standards. (� Reliable, high quality &generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are .. l.. t...J .. cif.. �.. .. 41.. .. ., .I .. FF....1i. •.. 1.• E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. v 4. DEPENDABILITY: can be relied upon to complete assigned task, follow instructions and adhere to operating olicies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. G Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Resporrc7s,willinp1y to changes in procedure. vrocess. responsibility and assianments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. G Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve iob or complete tasks better. Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety re ulations, and actively contributes towards a safe workplace. v E No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had 'minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. joiq pljd f3 >'oroi 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willingness to extend hours of work if necessar . E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall appraisal of the employee's job performance. OVERALL RATING: Circle one 5 Points 4 Points G 3 Points S 2 Points F 1 Point U 3 _ 7 5 List Accomplishments since last evaluation and any Comments: Discussion with Employee/Comments from Supervisor or Employee: Employee Signature: Print Name: Marcos Montes De Oca Date: Jc- a, (� Evaluator's SignaPrint Name: Dowling R. Watford, Jr. Date:<l Department Head Signature: Print Name: Mayor Dowling R. Watford, Jr. Date: Jr/ (J (C� r- - 4f -1 EMPLOYEE: MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy ap�q p�30�3 Revised 11/16/09-LG OF'ONE !>4y CyOm CITY OF OKEECHOBEE 9 EMPLOYEE PERFORMANCE EVALUATION Abney Employee Name Today's Date Marcos Montes De Oca May 21, 2019 City Council Meeting Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 10/1/2015 Position 10/1/15 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the E Exceptionally accurate, completes & surpasses established quality standards. Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. C�101 `'t 1AJ 1 M__J AYJn i r 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assianments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve lob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety re ulations, and actively contributes towards a safe workplace. No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. aUl�t P9oqof 3 WWI . N 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible It— of o nrl le o fim —4 iniillinnnc cc fn —fcnrl h—ire of wnrlr if noraccnrt1 E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: Overall aDDraisal of the emnlovee's iob performance. OVERALL RATING: Circle one 5 Points E 4 P G► 3 Points S 2 Points F 1 Point U zz List Accomplishments since last evaluation and any Comments: Discussion with Employee/Comments from Supervisor or Employee: Employee Signature: Print Name: Marcos Montes De Oca Date: -5al Evaluator's Signatur Print Name: Wes Abney, Council Member Date: S ZI Department Hea gnature: Print Name: Mayor Dowling R. Watford, Jr. Date: g Sij rAN r %/ EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy ck q P 36f3 A,�4 0.5/20/2019 21;02Courtyard Marriott x (FAX)352 237 0580 P . 004/005 CiTY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Rrvised 11/16109-LO Clark Employee Name Today's Date Marcos Montes De OCa May 21, 2018 Clty Council Meeting Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one! 0 2-Mth intermediate Position 0 4-Mth Intermediate ❑ 6-MthlEnd Probationary 10/1/2095 10/1/15 m Annual a Other KEY TO RATINGS E: E�;CELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or.she must verform. E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. Cry` Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. �J liiadequate knowledge of most phases of work, 2. JOB PERFORMANCE: (QUAL/TAVVt=) The neatness, thoroughness, accuracy and overall quality of the mmnlnvna'a iunrlr E Elxceplionally accurate, completes & surpasses established quality standards, G Ftellable, high quality & generally exceeds established standards. S Cluallty of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Cluality of work is sometimes below standard; frequently requires reworking. 1 JOB PRODUCTIVITY'. (QUA NVTAT1VE) Demonstrates a commitment toward achieving results., Tasks are cemnletnd affirientiv and nffnctivniv_ E Well exceeds required volume or work, meets production standards. In consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F F"roductivity often below acceptable standards. U Productivity constantly below acceptable requlroments; requires constant follow-up, Ctarc- 4. DEPENDABILITY: Can be relied upon to complete assigned task. follow instructions and adhere to operating Policies andp ocedure s. Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. Usually gets job done according to schedule and within policy guidelines. Reluctant to accept responsibility, frequently fails to meet deadlines, Does not accee: responsibility. falls to get the job done, does not meet deadlines, fails to adhere to coeraiir.g polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. ResDonds witCinoly to chanoes in nro^edure. rimcrrss. resnonsibility and assignments, Displays superior enthusiasm in working with others and contributes to high morale in work unit. Cooperative attitude and is interested in maintaining good working relationships. Generally displays a cooperative attitude and is interested in maintaining good working relationships. Very poor cooperation, disrupts harmony in work unit. Cooperates only when interested and tends to be impatient with other workers. 5. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas an methods to improve fob or complete tasks better. Initiative results in frequent saving in utilization of time and resources. Very resourceful, assumes additional responsibility. Displays initiative and completes assigned tasks to best of ability. Rarely shows any initiative, takes little responsibility. Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety regulations, and actively contributes towards a sate workplace, E�No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safely equipment provided. IMay have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very (G) safety conscious. Demonstrates concern for care of equipment, orderliness of work area. F Generally safety conscious. May have had minor personal injury and/or vehicular accidents, Generally .,..—Il -- in —. M nnrrinmani trnd wnrk nrnn ltruntiv:.mAintnins orderl.v neat wort{ Urea: rules and fails at care 01 05/20/2019 21;02Courtyard Marriott (FAX)352 237 0580 P.005/005 8. Attendance: Consider consistency In reporting to work dally, conforming to work hours and schedules; responsible use of earned leave time and wilfinan®ss to axtand hours of wnfk if narassafv. f always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity, GoVery regular and prompt; rarely absent or tardy, willingly accepts addltlonal work time when peak load requires It. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F ()ccaslonally un-excused absences and/or tardiness; frequently reluctant to -accept additional work hours. �J Frequent un-excused absences; often deviates from scheduled work hours. i FINAL PERFORMANCE SCORE: Overall aaarelsal of the emfllovee's job Aerformance, OVERALL RATING; I 6 Points 'Circle one) - P' .. 0 Ate/ �. , -..1 _[�IL.�. - / .. [I lL s -ate /, i I�tti• l +"= �' 'A of I I - Il* _ , �- , rrtt ..:arm • ., tg&jlasil,� e Discussion with Employopelcommel fro Supervisor or Employee: #rd. k1A Y1ut1 Nt di. tj IY! t11� PlaciL 1-v 1 t Ve. Yi 1. C , Employee Signature: Print Name: Maroos Montes De Oca Date: Eva luator's3ignat -YK Print Name: Monica Clark, Council Member Date: -6 Department Head Signature: , 6 Print Name: Mayor Dowling R. Watford, Jr. Date: 5 r� � EMPLOYEE MUST QBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP, ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal UDepart Heed Copy USupervisor's Copy ❑Employee's Copy Revised 11/16/09-LG ``4y.OF•OKpE.CyO oW _ CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Jarriel r 91 r Employee Name Today's Date Marcos Montes De Oca May 21, 2019 City Council Meeting Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 10/1/2015 Position 10/1/15 ❑ 4-Mth Intermediate ❑ 6-Mth/End Probationary Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. U Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are E Well exceeds required volume of work, meets production standards. G Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. 6/0 I (1 �,Zx-rr,el 4. DEPENDABILITY: Can be relied upon to complete assigned task, follow instructions and adhere to operating olicies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. (� Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Responds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. G Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve job or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. �& Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety requlations, and activelv contributes towards a safe workplace. � r-- No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation \�CJ� of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. ,�,Iotq Pg do-IP3 50A_Izi6 8. Attendance: consider consistency in reporting to work daily, conforming to work hours and schedules; responsible use of earned leave time and willingness to extend hours of work if necessary. E Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. Q, � Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Oc:casionaiiy un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PE=RFORMANCE SCORE: overall appraisal of the employee's job performance. OVERALL RATING: Circle one 5 Points E s rG - 3 Points S 2 Points F 1 Point U �(. o -'-8 .6M List Accomplishments since last evaluation and any Comments: Discussion with Employee/Comments from Supervisor or Employee: Employee Signature: Print Name: Marcos Montes De Oca Date: Evaluator's Signature: c Print Name: Bob Jarriel, Council Member Date:/�' Department Head Si ature: Print Name: Mayor Dowling R. Watford, Jr. Date: '501 EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy ac o Pg,3O'3 �c-Y-tel L/ 4 3 Revised 11/16/09-LG .0f•0J(EE.Ch �W mT� CITY OF OKEECHOBEE EMPLOYEE PERFORMANCE EVALUATION Keefe Employee Name Today's Date Marcos Montes De Oca May 21, 2019 City Counci Department Job Title Administration City Administrator Date of Hire Date Employee Began Present Purpose of Evaluation ✓ one: ❑ 2-Mth Intermediate 10/1/20'15 Position 10/1/2015 El4-Mth Intermediate El6-Mth/End Probationary 0 Annual ❑ Other KEY TO RATINGS E: EXCELLENT G: GOOD S: SATISFACTORY F: FAIR U: UNSATISFACTORY 1. JOB KNOWLEDGE: Employee possesses a clear understanding of the responsibilities and tasks he or she must nerform_ E Extremely knowledgeable on all phases of work. G Thorough knowledge of most phases of work. S Adequate knowledge of most phases of work. F Lacks adequate knowledge of some phases of work. LU7 Inadequate knowledge of most phases of work. 2. JOB PERFORMANCE: (QUALITATIVE) The neatness, thoroughness, accuracy and overall quality of the omn/nvoo'c uvnr4 E Exceptionally accurate, completes & surpasses established quality standards. G Reliable, high quality & generally exceeds established standards. S Quality of work meets standards; sometimes requires reworking. F Frequently unacceptable, numerous errors or rejections, often requires additional work to achieve proper quality. Handwriting not legible. U Quality of work is sometimes below standard; frequently requires reworking. 3. JOB PRODUCTIVITY: (QUANTITATIVE) Demonstrates a commitment toward achieving results. Tasks are nmm�lnfoll ofFinio +k, q off—fivak, E Well exceeds required volume of work, meets production standards. Is consistent in meeting or exceeding production goals. S Produces work as assigned. Maintains assigned quantity of work. F Productivity often below acceptable standards. U Productivity constantly below acceptable requirements; requires constant follow-up. aori "'3Iot:> q 13 4 ,s 4. DEPENDABILITY: can be relied upon to complete assigned task, follow instructions and adhere to operating policies and procedures. E Actively seeks additional responsibility, completes work assignments in less than standard time frames with minimum instructions. Accepts additional responsibility, if assigned, sometimes completed in less than established time frame. S Usually gets job done according to schedule and within policy guidelines. F Reluctant to accept responsibility, frequently fails to meet deadlines. U Does not accept responsibility, fails to get the job done, does not meet deadlines, fails to adhere to operating polices and procedures. 5. COOPERATION: Demonstrates a willingness to work with associates, subordinates, supervisors and others. Res onds willingly to changes in procedure, process, responsibility and assignments. E Displays superior enthusiasm in working with others and contributes to high morale in work unit. Cooperative attitude and is interested in maintaining good working relationships. S Generally displays a cooperative attitude and is interested in maintaining good working relationships. F Very poor cooperation, disrupts harmony in work unit. U Cooperates only when interested and tends to be impatient with other workers. 6. INITIATIVE: Employee demonstrates an ability to think and act independently. Originates innovative ideas and methods to improve lob or complete tasks better. E Initiative results in frequent saving in utilization of time and resources. G) Very resourceful, assumes additional responsibility. S Displays initiative and completes assigned tasks to best of ability. F Rarely shows any initiative, takes little responsibility. U Needs constant encouragement, intentionally disregards work and responsibility and has no regard for self- improvement. 7. WORK ENVIRONMENT AND SAFETY: Maintains a safe and pleasant work environment, follows safety repulaVons, and activelv contributes towards a safe workplace. E No personal injury and/or vehicular or other accidents. Exceptional care in use of equipment and observation of work rules. Maintains neat, orderly work area or utilizes special safety equipment provided. G May have had a personal injury of first -aid nature only and /or a non -preventable motor vehicle accident, very safety conscious. Demonstrates concern for care of equipment; orderliness of work area. S Generally safety conscious. May have had minor personal injury and/or vehicular accidents. Generally displays overall care in use of equipment and work area. Usually maintains orderly neat work area. F Must be counseled on safety. Has had personal lost time accident(s). Occasionally disregards rules and fails to maintain proper care of equipment and work area. U Unsafe. Has had several lost time personal and/or vehicular accidents. Lacks concern for proper care of equipment and work area; does not follow work rules as instructed. 8. Attendance: Consider consistency in reporting to work daily, conforming to work hours and schedules; responsible usa of aarnad laava fimc+ and willinnnass to axtand hnurc of wnrk if nereccarv_ Always willing to accept additional work hours; extremely conservative of use of sick leave; demonstrates concern for effect of his/her absence on productivity. 1 G Very regular and prompt; rarely absent or tardy, willingly accepts additional work time when peak load requires it. S Prompt and regular; occasional excused absenteeism and/or tardiness; usually accepts additional work hours. F Occasionally un-excused absences and/or tardiness; frequently reluctant to accept additional work hours. U Frequent un-excused absences; often deviates from scheduled work hours. FINAL PERFORMANCE SCORE: ove all aaaraisal of the emDlovee's iob Derformance. OVERALL RATING: Circle one Points E P 4/t'� ' G 3 Points S 2 Points F t Point U�� List Accomplishments since last evaluation and any Co ents: Mr. Montes De Oca is performing adequately. I expect that as we allow him to do more, he will. I would like to see improvement in the General Services and Building & Permitting departments. The Administrator is in a Leadership position and should inspire and empower his subordinates. In that regard, he should foster a sense of organizational initiative and pride of service. I think the cit operate with more of a customer focus and can -do attitude. Our perception should be that of a well organized and cohesive organization/team which promotes providing exceptional services, rather than a city"family" which promotes "taking care of our own." Our focus should be improving services Discussion with Employee/Comments from Supervisor or Employee: ,cC / o rksr Glt; 'oe '#eOer 6 'PC.,f .c,)du;� Employee Signature: Print Name: Marcos MonteS De Oca Date: Ei I at I Ni Evaluator's Signature: i% Print Name: Bobby Keefe, Council Id Date: ' p - of 2. Department Head ignature: Print Name: Mayor Dowling R. Wa Date: a . EMPLOYEE MUST OBTAIN A SATISFACTORY SCORE OR HIGHER IN ORDER TO RECEIVE THEIR PAY STEP. ATTACH EVALUATION TO A COMPLETED PERSONNEL ACTION FORM AND FORWARD TO THE FINANCE DEPARTMENT 00riginal ❑Depart Head Copy ❑Supervisor's Copy ❑Employee's Copy 0200 p 3 "3 'e �ko VL., B 1 Lake Okeechobee News May 24, 2019 City to buy new generator By Cathy Womble Lake Okeechobee News Due to the damage caused when a civilian vehicle chase ended with the fugi- tive plowing into the emergency backup: ti , generator for the city complex, the city will - replace the old generator with a new one. y The new 80-kilowatt generator will cost $24,300 and will be purchased from New- man's Power Systems. The cost will include removal of the old generator. Other quotes were obtained and were nearly identical to Newman's but, because Newman's has provided exemplary service in the past, Fire Chief Herb Smith requested F MoRY tit the city council approve the purchase from KEJkIpt�� p 1{ t them, and it was unanimously approved at A�y ouoP. rr okAe hobee, FL t[A the council meeting on Tuesday, May 21. Special to the Lake Okeechobee NewslBobble okdnc Insurance will pay for all but the $ ft100 uenkine deductible. They have also made the deci- Elbert Batton was presented a certifi- sion to make the switch to natural gas at cafe of appreciation for serving on the 1 the same time. They were quoted a price of planning Board, Board o9 Adjustment, s $75 to bring the gas line icity and Design end Review Board. , In other business, the summerer meeting schedule was discussed, and there will be Health Awareness Month," and he present- j (� no city council meetings on June 4 or July ed a certificate of appreciation to Elbert ` 4 2. They Will have a strategic planning meet- ing on Juh, 9 at 3:30 p.m. Batton for his service on the Planning l l r Mayorbowfing Watford proclaimed the Board, Board of Adjustment, and Design month of May 2019 as "National Mental Review Board. Lake Okeechobee News/Cathy Womble Mayor-Dowiing Watford declared the month of May 2019 as National Mental Health Awareness Month and presented proclamations to New Horizons of the Treasure Coast, Suncoast Mental Health Center and Children's Mental Health System of Care. Pictured (left to right) are: Pat McCoy, assistant superintendent of instructional services; 'tiara Weethee, director of marketing and communi- cations for Suncoast; Amanda Riedel, children's mental health therapist and a school board member; and Mayor Watford. smory Walker Co., Inc, Providing expert solutions in Air Conditioning arnd Refrigeration since 1966 (863) 763-6742 www.emorywalkercom 208 SW 5th Avenue, Okeechobee, FL 34974 Okeechobee's Longest -Established Lennox Dealer Since 1975