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2009-01-06CITY OF OKEECHOBEE JANUARY 6, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor: January 6, 2009, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Revered Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by the Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Elect Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Swearing in of newly elected officials and presentation of Certification of Election by the Honorable William L. Hendry, Retired Circuit Judge. PAGE IOF13 ACTION -- Mayor Kirk called the January 6, 2009 Regular City Council Meeting to order at 6:00 p.m. Invocation was offered by Revered Paul E. Jackson, Sr., International Prayer Warriors for Christ; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Absent (Major Peterson in attendance) Present Present The Swearing in of elected officials was moved from New Business to the beginning of the meeting. The Honorable William Hendry, Retired Circuit Judge, addressed and administeree. the Cain ct Offc ; for Council Members to Mr. James E. Kirk and Mr. Michael G. O'Connor, whose terms are January 6, 2009 through January 8, 2013. Each was presented with a Certification of Election, with the office title, terms and signature of Judge Hendry. JANUARY 6, M09 - REGULAR MEETING - PAGE 2 of 13 231, IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. B. Present a Service Award to Mayor James E. Kirk for 20 years of A framed Longevity Service Certificate along with a two hundred fifty dollar bonus check was presented to James E. Service. Kirk, by Clerk Gamiotea. "In recognition of completing 20 years of continuous service with the City of Okeechobee as an Elected Official, January 1,1989 to January 1, 2009." Mrs. Gamiotea also announced that Mr. Kirk is now the longest term Mayor in the history of the City, completing 18 years. The former record was held by Mayor Dunham, who served for 17 years and 2 months. C. Present a Service Award to Dowling R. Watford, Jr., for 25 years of A framed Longevity Service Certificate along with a five hundred dollar bonus check was presented to Dowling R. Service and longevity recognition from the Florida League of Cities. Watford, Jr., by Mayor Kirk, "in recognition of completing 25 years of continuous service with the City of Okeechobee as an Elected Official, January 1,1981 to December 31,1984 and January 6,1987 to January 1, 2008 " The Florida League of Cities honors long term elected officials as well. A framed resolution and 25 year service pin were presented to Mr. Watford. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the December 2, 2008 City Council Regular December 2, 2008 City Council Regular Meeting; seconded by Council Member Markham, There was no discussion Meeting. I on this item. VOTE KIRK - YEA MAR"M - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. I There were none. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. I MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:21 P.M. A. 1. a) Motion to read by title only, proposed Ordinance No.1037 to Council Member Watford moved to read by title only, proposed Ordinance No.1037 to provide an extension of time provide an extension of time for an easement, Street Closing for an easement, Street Closing Application No. 88 of Ordinance No.1019; seconded by Council Member O'Connor, Application No. 88 of Ordinance No.1019 - City Attorney (Exhibit 1). 232, JANuANY 6, 2009 - REGULAR MEETING - PAGE 3 OF 13 AGENDA COUNCIL ACTION - DISC*10 N. -.VOTE Vil. PUBLIC NEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No.1037 by title only. Attorney Cook read proposed Ordinance No.1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEi ; FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLYADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No.1037. 1 Council Member Markham moved to adopt proposed Ordinance No.1037; seconded by Council Member Williams. b) Public comments and discussion. Mayor Kirk asked whether were there any questions or comments from the public? There were none. This ordinance extends the deadline for the property owner to grant to the City an easement across Northeast 2"d Street and further across their property to Taylor Creek for drainage purposes. Council questioned whether January 3111 was a sufficient amount of extension? -Attorney Cook responded yes, the easement is drafted, he will review it once more and then it will be forwarded to the Nunez's for execution, which allows sufficient time to be presented back to the Council on January 20. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B.1. a) Motion to read by title only, proposed Ordinance No.1038 regarding Council Member Watford moved to read by title only, proposed Ordinance No.1038 regarding Application No. 08-007- Application No. 08-007-SSA, submitted by Muhammad Nooruddin, SSA, submitted by Muhammad Nooruddin, on behalf of property owner A.M.S.A. LLC, regarding 0.488 acres located on behalf of property owner A.M.S.A. LLC, regarding 0.488 acres at I I I Northeast 1111 Street, Block 18, City of Okeechobee, from MF to C; seconded by Council Member Williams. located at 111 Northeast 110' Street, Block 18, City of Okeechobee, from MF to C - City Planning Consultant (Exhibit 2). (Planning Board is recommending approval, unanimous vote). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JAWARY 6, 2009 - REGULAR MEETING - PAGE 4 OF 13 233 COUNCIL ACTION - DISCUSSION - VOTE VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) City Attorney to read proposed Ordinance No.1038 by title only. Attorney Cook read proposed Ordinance No. 1038 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBED HEREIN, FROM MUL TIPLE FAMILY(MF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE " 2. a) Motion to adopt proposed Ordinance No.1038. 111 Council Member Markham moved to adopt proposed Ordinance No.1038; seconded by Council Member Williams. b) Public comments and discussion. Planning Consultant, Bill Brisson presented the application to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their December 18, 2008 meeting. The findings, which are explained with detailed supporting information within the Planning Staff report included in Exhibit Two were that the application is consistent with the Comprehensive Plan. Public Facilities are adequate for the development; and the application is compatible with adjacent and nearby land uses. The legal description of the property is Lots 17 to 19 of Block 18, City of Okeechobee Subdivision. There is a Rezoning Petition regarding the property as well. In July 2007 the property owners were successful in changing the land use on this property from Commercial to Multi -Family to allow for construction of an Assisted Living Facility. However, they have determined that the property is not sufficient in size to accommodate the facility originally envisioned. Therefore, they wish to construct a home health service office, which requires the land use to be changed back to Commercial. The Council briefly discussed future ramifications of changing land use designations back and forth. Mr. Brisson explained that in this instance, commercial and multi -family were the only two land use designation's that would fit the area. c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 11 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:32 P.M. 234 AGENDA Vill. NEW BUSINESS. A. Election of Mayor for a two-year term. B. Two-year appointments of Council Members to serve as City Liaisons to various Boards: 1. 2. 3. 4. 5. 6. 7. 8. Central Florida Regional Planning council -1 member (C. Williams currently serves). JANuARY 6, 2009 - REGULAR MEETING - PAGE 5 of 13 The floor was opened for nominations far Mayor. Council Member Watford made a motion to aggoint JamE. Kirk to serve as Mayor of the Ci of Okeechoes bee term innin Janu 6 2009 through Janu 4 011 ; seconded by Council Member Markham. No other nominations were presented, therefore the floor was closed for nominations. VOTE KIRK -YEA MARKHAM-YEA O'CONNOR-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. The Council reviewed and made two-year appointments to serve as City Liaisons to various Boards as follows: Council Member C. Williams will serve on the Central Florida Regional Planning Council. Tourist Development Council - 2 members (Markham and L. Council Members Markham and O'Connor will serve on the Tourist Development Council. Williams currently serve). Juvenile Justice Council -1 member (Kirk currently serves). I Mayor Kirk will serve on the Juvenile Justice Council. Treasure Coast Council of Local Governments -1 member (Watford currently serves). Treasure Coast Regional League of Cities -1 member (Watford currently serves). Okeechobee County Health and Healthy Start Coalition -1 member (Markham currently serves). Workforce Regional Development Board -1 member (Kirk currently serves). Okeechobee Main Street -1 member (Watford currently serves). Council Member Watford will serve on the Treasure Coast Council of Local Governments Board. Council Member Watford will serve on the Treasure Coast Regional League of Cities Board. Council Member Markham will serve on the Okeechobee County Health and Healthy Start Coalition. Mayor Kirk will serve on the Workforce Regional Development Board. Council Member Watford will serve on the Okeechobee Main Street Board. Vlll. NEW BUSINESS CONTINUED. Economic Council -1 member (C. Williams currently serves). Battle of Okeechobee Re-enactment Committee -1 member (Watford currently serves). JANuARY 6, 2009 - REGULAR MEETING - PAGE 6 OF 13 COUNCIL. ACTION - DISCUSSIONS• VOTE Council Member Williams will serve on the Economic Council. Council Member Watford will serve on the Battle of Okeechobee Re-enactment Committee. Hurricane Housing Recovery Program (HHRP) -1 member Council Member Watford will serve on the Hurricane Housing Recovery Program (HHRP) Board. (Watford currently serves). Shared Services Council -1 member (Kirk currently serves). C.1. a) Motion to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1036 regarding Non -Conforming Uses - City Planning Consultant (Exhibit 3). Mayor Kirk will serve on the Shared Services Council. Council Member Watford moved to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1036 regarding Non -Conforming Uses; seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARrCHAM - YEA O'CONNOR • YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1036 by title only. Attorney Cook read proposed Ordinance No. 1036 by title only as follows: "AN ORDINANCE OF THE CITY OF! OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS W35, W39 AND 9p-40 THEREOF, WHICH SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE, REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OF A NONCONFORMING USE, THAT OFF STREET PARKING REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO CONTINUE THE NUMBER OFEXISTING PARKING SPACES UNDER CERTAIN CIRCUMSTANCES, - TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS TO INCLUDE PAVERS, AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEWAND MOREINTENSIVE USE OF THEPROPERTY THAT WOULD INCREASE THENUMBEROFREQUIRED PARKING OF SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1036; seconded by Council 1036. 1 Member Williams. 235 V,IAL9 Vill. NEW BUSINESS CONTINUED. C. 2. b) Discussion. c) Vote on motion, D.1. a) Motion to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1039 regarding Petition No. 08-008-R, submitted by Colin M. Cameron, Esquire on behalf of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 2' Avenue, Block 107, City of Okeechobee, from CPO to PUB - City Planning Consultant (Exhibit 4). JANUARY 6, 2009 - REGULAR MEETING - PAGE 7 OF 13 UNCIL ACTION Mr. Brisson addressed the Council to explain that this ordinance amends the Land Development Regulations regarding non -conforming uses. The Council first discussed issues with the existing non -conforming use polices pertaining to off-street parking requirements at the November 18 meeting, this ordinance addresses the consensus arrived at during that meeting. The ordinance also addresses issues recently discussed among City and Planning Staff where parking problems are known to exist and there is vacant land on the property to accommodate at least some of the parking deficiency. Administrator Whitehall added for clarification, this ordinance would not be relevant to the Elite Title matter to be discussed later. It relaxes parking requirements when businesses do not change use, only owners. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAM,S - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No, 1039 regarding Petition No. 08-008-R, submitted by Colin M. Cameron, Esquire on behalf'' of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 21 Avenue, Block 107, City of Okeechobee, from CPO to PUB, seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1039 by title only. Attorney Cook read proposed Ordinance No. 1039 by title only as follows; "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No. 1039; seconded by Council 1039. 1 Member Williams, JANUARY 6, 2009 - REGULAR MEETING - PAGE 8 OF 13 N AGENDA COUNCIL ACTION - DISCUSSION --VOTE VIII. NEW BUSINESS CONTINUED. D.1. b) Discussion. c) Vote on motion. E.1. a) Motion to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No.1040, regarding Petition No. 08-011-R, submitted by Muhammad Nooruddin, on behalf of property owners, A.MS.A. LLC rezoning 0.488 acres located at 111 Northeast I P Street, Block 18, City of Okeechobee, from RMF to CPO - City Planning Consultant (Exhibit 5). Mr. Brisson presented the petition to the Council along with the Planning Staff Report recommendation of approval' based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their December 18, 2008 meeting. The findings, which are explained with detailed supporting information within the Planning Staff report included in Exhibit Four are that the application is consistent with the Comprehensive Plan. Public Facilities are adequate for the development; and the application is compatible with adjacent and nearby land uses. The Council briefly heard from Attorney Colin Cameron who submitted the application. The property is owned by Okeechobee County. It has been leased to the Okeechobee Rehabilitation organization for 40 years. The building sustained damage from the 2004 and 2005 hurricanes causing the use of the property to cease for several months. The building has been re -built and in order for the organization to continue with the thrift store and other uses the zoning district needs to coordinate with the land use category. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILUAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only, and set January 20, 2009 as a final public hearing date for proposed Ordinance No.1040 regarding Petition No. 08-011-R, submitted by Muhammad Nooruddin, on behalf of property owners, A.M.S.A. LLC, rezoning 0.488 acres located at Ill Northeast Ill Street, Block 18, City of Okeechobee, from RMF to CPC}; seconded by Council Member Williams. b) Vote on motion to read by title only and set final public hearing date. V TE KIRK - YEA MARKMM - YEA O'CONNOR - YEA WATFORD - YEA WILUAMS - YEA MOTION CARRIED. c) City Attorney to real proposed Ordinance No.1039 by title only. Attorney Cook read proposed Ordinance No.1039 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT, - AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 237 Vill. NEW BUSINESS CONTINUED. E. 2. a) Motion to approve the first reading of proposed Ordinance No. 1040. b) Discussion. c) Vote on motion. JANUARY 6, 2009 - REGULAR MEETING - PAGE 9 OF 13 COUNCIL ACTION - DISCUSSION - VOTE Council Member Markham moved to approve the first reading of proposed Ordinance No.1040; seconded by Council Member Williams. Mr. Brisson presented the petition to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their'', December 18, 2008 meeting. The findings, which are explained with detailed supporting information within the Planning Staff report included in Exhibit Five are that the application is consistent with the Comprehensive Plan. Public Facilities are adequate for the development; and the application is compatible with adjacent and nearby land uses.' Council denoted appreciation to the applicant for the utilization of the CPO District. VOTE KIRK - YEA MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Motion to adopt proposed Resolution No. 09-01, pledging support Council Member Watford moved to -adopt proposed Resolution No. 09-01, pledging support for the statewide effort for the statewide effort of building citizenship in the community - City of building citizenship in the community; seconded by Council Member Williams. Administrator (Exhibit 6). There was a brief discussion on this matter. The title of proposed Resolution No. 09-01 reads as follows; "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT." VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Motion to adopt proposed Resolution No. 09-02, supporting South Council Member Watford moved to adopt proposed Resolution No. 09-02, supporting South Water Management Water Management District's effort of the hydraulic and applicable District's effort of the hydraulic and applicable physical re -connection of the Central and South Florida Flood Control physical re -connection of the Central and South Florida Flood Project; seconded by Council Member O'Connor. Control Project - City Administrator (Exhibit 7). JANUARY 6, 2009 - REouLAR MEETING - PAGE 10 OF 13 239 AGENDA COUNCILACTION - DISCUSSION -VOTE Vlll. NEW BUSINESS CONTINUED. G. Motion to adopt proposed Resolution No. 09-02, supporting South There was a brief discussion on this matter. The title of proposed Resolution No. 09-01 reads as follows: "A Water Management Districts effort of the hydraulic and applicable RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND physical re -connection of the Central and South Florida Flood APPLICABLE PHYSICAL RE -CONNECTION OF THE CENTRAL AND SOUTH FLORIDA FLOOD CONTROL Control Project continued. PROJECT, AS REPRESENTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INTERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITHIN THE FORT DRUM MARSH AREA." V TE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. H. Consider a request by Mike and Linda Holmes of Holmes Cabinets Presented in Exhibit Eight is a letter from Mike and Linda Holmes of Holmes Cabinets, Inc. requesting to exercise their regarding their purchase of parcel in the Commerce Center and also option to convey to the City one acre of the property purchased in the City Commerce Center. They are not requesting conclude sale of fill dirt - City Administrator (Exhibit 8). to sell back the entire property purchased, as they want to retain the East half of the two -acre parcel. Administrator Whitehall advised the Council that the City sold the Holmes's eight thousand, eight cubic yards of fill dirt for the parcel at two dollars per yard. They have paid the City $7,200.00 to date, leaving a balance of $8,816.00. He is recommending that they pay the remaining $808.00 to finish paying for half of the fill dirt. There was no official action taken, therefore the recommendation by the Administrator is how City Staff will proceed with the fill dirk matter. Following discussion, Council Member Wat%rd made a motion that was seconded by council Member Markham to Instruct Aftompy Cook to draw up the necessa contract for the CRy to pUrchase the one acre in the Commerce Center from Holmes Cabinets Wt the original purchase Rrice of $50,000 pgr cre giving them the option offirs A refusal. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. JANUARY 6, 2009 - REGULAR MEETING - PAGE 11 OF 13 AGENDA COUNCIL ACTION - DISCUSSION'- VOTE � VIII. NEW BUSINESS CONTINUED. I. Motion to vacate a drainage easement located a 1100 South Parrott Council Member Markham moved to vacate a drainage easement located a 1100 South Parrott Avenue f/k/a Captain Avenue f/k/a Captain D's - City Administrator (Exhlbit 9). 1 D's; seconded by Council Member Williams. There was a brief discussion on this matter. VOTE KIRK - YEA MARKHAM - YEA, O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Note for clarification. Attorney Cook will reduce to writing an official abatement of easement to be executed by the Mayor and recorded in the County Clerk's Office. J. Motion to allow Elite Title located at 311 Northeast 2"d Street to use Council Member O'Connor moved to allow Elite Title located at 311 Northeast 2"d Street to use the right-of-way in the right-of-way in Block 200 of Northeast 411 Avenue for Block 200 of Northeast 41 Avenue for construction of improved parking area and to further confirm parking compliance construction of improved parking area and to further confirm parking issues; seconded by Council Member Williams. compliance issues - City Administrator (Exhibit 10). On February 6, 2007 the City Council passed a motion to waive the parking requirements for Elite Title presently owned by Ms. Frances Watford, along with the consent parking agreement by adjoining property owner State Farm, and that there will be no parking on the East right-of-way, it is also understood that this waiver is for this owner only, the property will have to be brought into compliance should the owner or use change. Ms. Watford is wanting to lease some of the office space to other businesses. Therefore, the previously approved waiver has to come back to the Council. Mr. Haynes Williams addressed the Council on Ms. Watford's behalf. He requested that due to the age of the structure, parking spaces should be allowed to be constructed along Northeast 41' Avenue. it was thought that a parking lot could be constructed on the North part of the parcel, however, they have discovered a septic tank that would prohibit this. A hand -drawn site plan and photograph of vehicles parked where they are proposing to construct the spaces were distributed to the Council. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. AGENDA JANuARY 6, 2009 - REGULAR MEETING - PAGE 12 OF 13 241 )CUSSION-VOTE Vill. NEW BUSINESS CONTINUED. K. Consider Fiscal Year End 2008 and Fiscal Year End 2009 Budget Council Member Watford moved to approve the 2007-2008 Fiscal Year End Adjustments to the Budget and the 2008- Amendments and Revisions - City Administrator (Exhlbh 11). 2009 Fiscal Year amendments; seconded by Council Member Markham. Year End adjustments for 2007-2008 FY were made to the General Fund as revenues and expenditures were amended to reflect each year-end total. Actual revenues exceeded budget by 5 percent. The City's economic forecasting process prompted a more formal mid -year review of expenditures within each department. Knowing that revenues would be tight, departments scrutinized their expenditures and the end result was a favorable decrease in line item expenses within each department. The Beginning Fund Balance changed from $6,338,174.00 to $8,127,240.00 Total Revenues from $5,633,250.00 to $5,982,297.00, Total Expenditures from 5,621,023.00 to $5,168,900.00 Transfers -In `total from $520,495.00 to $306,067.00. Transfers -Out from $78,000.00 to $104,688.00 and the Fiscal Year ending Fund Balance from $6,792,896.00 to $9,142,016.00 The Revised 2008-2009 Fiscal Year budget reflects no revisions in the General Fund revenue and expenses at this time, The State estimates provided during budget workshops were revised by the Legislative Committee on Intergovernmental Relations in November, decreasing sales tax estimates by 4.9 percent as well as fuel tax revenues estimates by 6.5 percent. Again, the City's conservative budget forecasting methodology has worked to the City's advantage and at this time adjustments are not warranted, albeit the spread has narrowed significantly. Revisions made to other funds were, first to the Public Facilities Improvement Fund, for additional sidewalk improvements, removal of a dump truck and hybrid emergency vehicle. Capital Improvement Projects Fund, for a transfer -in for the sale of capital asset and fund of depreciation of assets, add 20 percent match for the radio system through the county administered grant; purchase of the Holmes Commerce Center lot and the purchase of a Ford Escape for the Code Enforcement Department. Then in the Capital Improvement Projects - Vehicles Fund, amend the number of vehicles to 17 Crown Victoria's and five Dodge Chargers. Mrs. Riedel also reported that the Cost Reduction Plan put into action by the Department Heads appears to be working. In comparing FPL costs between October - December 2007 and October - December 2008 the savings to the City is $9,843.00. Fuel savings for the same time period is $2,209,00. The phone audit has allowed the City to realize a savings of $958.00. The Mayor and Council thanked the employee's for putting the savings plan into action and making it work for the City. VOTE KIRK- YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 242 JmwY 6, 2009 - ReouLm MEEnNG - PAGE 13 of 13 AGENDA I COUNCIL ACTION - DISCUSSION - VOTE IX. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, hWshe may creed to insure that a verbatim record of the proceeding is made, which record wA des the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole pu 'Sf kup for official records Of the Clerk. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:00 p.m. The next regular scheduled meeting is January 20, 2009 at 6:00 p.m. Page 1 of 11 CITY OF OKEECHOBEE - JANUARY 6, 2009 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk January 6, 2009 at %OD P.M. II. OPENING CEREMONIES: Invocation given by Revered Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor Kirk, III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk r/ Council Member Lowry Markham Council Member Elect O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson (,2, 0 ;2— IV. PRESENTATIONS AND PROCLAMATIONS. A. Swearing in of newly elected officials and presentation of Certification of Election by the Honorable William L. Hendry, Retired Circuit Judge. B. Elec 'on of Mayor for a two-year t rm. r �U . C. Present a ervice Awa d to O Mayor Ja es E. Kirk for 20 years of Service. A framed Longevity Service Certificate presented to James E. Kirk, In recognition of completing 20 years of continuous service with the City of Okeechobee as an Elected Official, January 1, 1989 to January 1, 2009 D. Present a Service Award to Dowling R. Watford, Jr., for 25 years of Service and longevity recognition from the Florida League of Cities. A framed Longevity Service Certificate presented to Dowling R. Watford, Jr., In recognition of completing 25 years of continuous service with the City of Okeechobee as an Elected Official, January 1,1981 to December 31, 1984 and January 6, 1987 to January 1, 2008. V. MINUTES - City Clerk. A. Council Member ��/? moved to dispense with the reading and approve the Summary ofF)= or the December 2, 2008 Regular Meeting; seconded by Council Member There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION: RRIED / DENIED. I Page 2 of 11 VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. VII. MAYOR KIRK OPEN D T PUBLIC HEARING AT - �� P.M. A.1. a) Council Member oved to read by title only, proposed Ordinance No. 1037 to provide an extension of time for easement, State ClosingA�pl�ic'ati 88 of Ordinance No. - City K �j Y Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTIO CARRIE I DENIED. c) Attorney Cook read proposed Ordinance No.1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No.1037; seconded by Council Member (r I,C n-4 . b) Public comments and discussion. 1�. U —4 - —td , Qa/ aPG,m✓n mux � � -W-6�a4 ,t PA"e�� Ca c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION: CARRIED)lDENIED. Page 3 of 11 B. 1. a) Council Member �iU moved to read by title only, proposed Ordinance No. 1038 regarding Application No. 08 07-SSA, submitted by Muhammad Nooruddin, on behalf of property owner A.M.S.A. LLC, regarding 0.488 acres located at 111 Northeast 111h Street, Block 18, City of Okeechobee, from MF to C - City Planning Consultant (Exhibit (Planning Board is recommending approval, unanimous vote); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA_ NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTION: �IEDENIED. C) Attorney Cook read proposed Ordinance No. 1038 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM MULTIPLE FAMILY (MF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Wmoved to adopt proposed Ordinance No. 1038; seconded by Council Member b) Public comments and discussion. Aq 47-a A��4 &4h ay�. Y-Xj�-- �— qev-� — /LW, C) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION: RRIED DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. Page 4 of 11 VIII. NEW BUSINESS. A. Two-year appointments of Council Members to serve as City Liaisons to various Boards: 1. Central Florida Regional Planning council- I member (C. Williams currently serves). 2. Tourist Development council - 2 members ( Markham and Jos currently serve). 3. Juvenile Justice Council -1 member (Kirk currently serves) 4. Treasure Coast Council of Local Governments -1 member (Watford currently serves). Y 5. Treasure Coast Regional League of Cities -1 member (Watford currently serves). 6. Okeechobee County Health and Healthy Start Coalition - 1 member (Markham currently serves). „ 7. Workforce Regional Development Board -1 member (Kirk currently_ serves). • 8. Okeechobee Main Street -1 member (Watford currently serves). f 9. Economic Council -1 member (C. Williams currently serves). 10. Battle of Okeechobee Re-enactment Committee -1 member (Watford currently serves). �K 11. Hurricane Housing Recovery Program (HHRP) -1 member (WatfordLcurrentl serves). d� Page 5 of 11 B.1. a) Council Member moved to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1036 regardin N n-Conforming Uses - City Planning Consultant (Exhibit 3); seconded by Council Member b iiywd. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION CARRIED DENIED. c) Attorney Cook read proposed Ordinance No. 1036 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH SECTIONS REGULA TE NONCONFORMING STRUCTURES AND THEI ; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OFA NONCONFORMINkUSip THAT OFF STREET — PARK/NG REQUIREMENTS BE AMENDED TO PERMIT THE OWNEIrTO CONTINUE THE NUMBER OFEXIST1NG PARKING SPACES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS TO INCLUDE PAVERS; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE INTENSIVE USE OF THE PROPERTY THAT WOULD INCREASE THE NUMBER OFREQUIRED PARKING OFSPACES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member b /lam mov t approve the first reading of proposed Ordinance No. 1036; seconded by Council Member �&�- b) Disc ssion. % C'hauj`,� 0j/ / c) Vote on motion KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS YEA NO ABSENT ABSTAINED MOTION: 6iARRIE DENIED. H-- Page 6 of 11 C.1. a) Council Member 410 moved to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1039 regarding Petition No. 08-008-R submitted by Colin M. Cameron, Esquire on behalf of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 2"d Avenue, Block 107, City of Oke�,hcot�ee, from CPO to PUB - City Planning Consultant (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS ION: ARRIED DENIED. c) Attorney Cook read proposed Ordinance No. 1039 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member (j r� mo d to pprove the first reading of proposed Ordinance No. 1039; seconded by Council Member b) Discussion. Q t� ILtW X----a Act 9 G�-�;0--t vcv Qom- ,VX:-���t pos 9• a, S♦ WaZ c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTIO ARRIED DENIED. Page 7 of 11 D.1. a) Council Member /ILL () moved to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1040 regarding Petition No. 08-011-R submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. LLC rezoning 0.488 acres located at 111 Northeast 11 `h Street, Block 18, City of Okqphc ee, from RMFto CPO - City Planning Consultant (Exhibit 5); seconded by Council Member (, 1 . b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION(CARRI�/DNIED. c) Attorney Cook read proposed Ordinance No.1039 by title only as follows: "AN CE OF THE btkCITYOFOKEECHOBEE,FLORIDA;AMENDINGTHEOFFICIAL APOFOKEECHOBEE 6 BY REZONING A CERTAIN TRACT OF LAND M T/CULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESS/O F/CE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONIN RI AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CTS, SEVERABILITYAND AN EFFECTIVE DATE." 2. a) Council Member M mov to approve the first reading of proposed Ordinance No. 1040; seconded by ouncil Member � GU b) Discussion. cw- Xu- �4 ,-et CPO c) Vote on motion KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS YEA NO ABSENT ABSTAINED MOTION: ARRIED DENIED. Page 8 of 11 E. Council Member 410 moved to adopt proposed Resolution No. 09-01, pledging support for the statewide effort of bui ing itizenship in the community -City Administrator (Exhibit 6); seconded by Council Member l ,11 ) VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTIONS ARRIED DENIED. Fl- F. Council Member moved to adopt proposed Resolution No. 09-02, supporting South Water Management District's effort of the hydraulic and applicable physical re -connection of the Central and South Flora Flood Control Project - City Administrator (Exhibit 7); seconded by Council Member ` ! Y! VOTE YE NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION CARRIED / ENIED. ffk-- 1 .6�� 64C * -6 44-4-1 , PL AP1Y sr—wh QtL zY �`� Page 9 of 11 G. Consider a request by Mike and Linda Holmes of Holmes Cabinets regarding their purchase of parcel in the Commerce Center and also conclude sale of fill dirt - City Administrator (Exhibit 8). J ( ka (JV V- '--"mil L �/�!r/C V--6 "-Q J6 ; 7�) -a it, c IcAt Page 10 of 11 H. Council Member moved to vacate a drainage easement located a 1100 South Parrott Avena Captain D's - City Administrator (Exhibit 9); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTIO <-A��RRIED/ ENIED. b� I. Cou cil Member moved to allow Elite Title located at 311 Northeast 2"d Street to use the right-of-way in Block 200 of Northeast 4'h Avenue for construction of improved parking area ?' and to further confirm parkin compliance issues - City Administrator (Exhibit 10); seconded by Council Member VOTE YE NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTI N: CARRIED / ENIED. 17 - t7 CO' wwsm'�: &QP, pw! z � �In- ,den-,:..e �! .L...� � c���•�.,w �. Page 11 of 11 J. Consider Fiscal Year End 2008 and Fiscal Year End 2009 Budget Amendments and Revisions - City Administrator (Exhibit 11). MAN M• _/ , ' /(.Pn/„ce.ulz4 &Y-V(-6 0 ?j S- V .3, n 41/51- d-". Uzi f-07 44C �, �w ✓�.�. - �.�e ate, St em aj/ IX. MAYOR KIRK ADJOURNED ZHE MEETING AT %�'S'% P.M. Page 1 of 11 CITY OF OKEECHOBEE - JANUARY 6, 2009 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor Kirk January 6, 2009 at (0 ' C 0 p.m. II. OPENING CEREMONIES: Invocation given by Revered-Paua E. aas :Vmincs- 59pmmP Pledge of Allegiance led by Mavor Kirk. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. PRESENT ABSENT Mayor James E. Kirk ✓ Council Member Lowry Markham Council Member Elect O'Connor Council Member Dowling R. Watford, Jr. ✓ Council Member Clayton Williams t/ • City Administrator Brian Whitehall v� City Attorney John R. Cook ✓� j,; °. �, City Clerk Lane Gamiotea ✓ Deputy Clerk Melisa Eddings Police Chief Denny Davis ✓ Fire Chief Herb Smith Public Works Director Donnie Robertson t IV. PRESENTATIONS AND PROCLAMATIONS. M• A. Swearing in of newly elected officials and presentation of Certification of Election by the Honorable illiam L. Hen Retired Circuit Judge. 4 `�,-_ y� of UJ tseq 0 YK I uw 4-t. w ct �,�cti ti [`u ti 1 �kvi OQAqptt� � c f d, , e CQ C✓� t Y� ,l�cheP 1P�2of �jouta( 1 I C. Present a Service Award to Mayor James E. Kirk for 20 years of Service. A framed Longevity Service Certificate presented to James E. Kirk, In recognition of completing 20 years of continuous service with the City of Okeechobee as an Elected Official, January 1, 1989 to January 1, 2009 D. Present a Service Award to Dowling R. Watford, Jr., for 25 years of Service and longevity recognition from the Florida League of Cities. A framed Longevity Service Certificate presented to Dowling R. Watford, Jr., In recognition of completing 25 years of continuous service with the City of Okeechobee as an Elected Official, January 1,1981 to December 31, 1984 and January 6, 1987 to January 1, 2008. V. MINUTES - City Clerk. nn A. Council Member moved to dispense with the reading and approve the Summary of CoyActi„Action for the December 2, 2008 Regular Meeting; seconded by Council Member f r There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR i WATFORD C. WILLIAMS MOTI : CARRIED / ENIED. Page 2 of 11 VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. pp�� VII. MAYOR KIRK OPENED THE PUBLIC HEARING AT Val ' a l P.M. A.1. a) Council Member —rX0 moved to read by title only, proposed Ordinance No. 1037 to provide an extension of time for an easement, State Closing Application No. 88 of Ordinance No.1019 - City Attorney (Exhibit 1); seconded by Council Member M D b) Vote on motion to read by title only. YEA NO ABSENT ABSTAINED KIRK -� MARKHAM O'CONNOR �— WATFORD J� C. WILLIAMS MOTION ARRIE DENIED. c) Attorney Cook read proposed Ordinance No.1037 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No.1037; seconded by Council Member 4T b) Public comments and discussion.�n� c) Vote on motion YEA KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTION: AR I DENIED. NO ABSENT ,bc, hi 11�1�- ABSTAINED moved to adopt proposed Ordinance No. 1038; seconded by Page 3 of 11 B.1. a) Council Members moved to read by title only, proposed Ordinance No. 1038 regarding Application No. 08-007-SSA, submitted by Muhammad Nooruddin, on behalf of property ownerA.M.S.A. LLC, regarding 0.488 acres located at 111 Northeast 11`h Street, Block 18, City of Okeechobee, from MF to C - City Planning Consultant (Exhibit 2). (Planning Board is recommending approval, unanimous vote); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS " MOTI : ARRI DENIED. C) Attorney Cook read proposed Ordinance No. 1038 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON • A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM MULTIPLE FAMILY (MF) TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND a REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN, PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member c X lYl j Council Member (°,11 n b) Public comments and discussion. 1 A cUcc N a &�[U�t Oft�C C z coo 6CA, C) Vote on motion YEA KIRK MARKHAM O'CONNOR WATFORD C WILLIAMS NO ABSENT ABSTAINED MOTION: CARRIE I DENIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT (r, - 3D P.M. &f; CAS�l /m 6, 01 CLC.-y o of 9 CV Lj( Page 4 of 11 VIII. NEW BUSINESS. A. Two-year appointments of Council Members to serve as City Liaisons to various Boards: 1. Central Florida Regional Planning council -1 member (C. Williams currently serves). LO 2. Tourist Development council - 2 members ( Markham and L. Williams currently serve). Wcw(hanit q__ Olftout� 3. Juvenile Justice Council -1 member (Kirk currently serves) 4. Treasure Coast Council of Local Governments -1 member (Watford currently serves). 5. Treasure Coast Regional League of Cities -1 member (Watford currently serves). &_�� � C� d 6. Okeechobee County Health and Healthy Start Coalition - 1 member (Markham currently serves). W a _1C h Cc i(�_ 7. Workforce Regional Development Board -1 member (Kirk currently serves). gCE�_C`�'j rn04 �> ouEr.� (� o j aJ— @� C O� 8. Okeechobee Main Street -1 member (Watford currently serves). 9. Economic Council -1 member (C. Williams currently serves). 10. Battle of Okeechobee Re-enactment Committee - 1 member (Watford currently serves). to,( ct 11. Hurricane Housing Recovery Program (HHRP) -1 member (Watford currently serves). � Cy �I Y I a ��i� Cat �c11 — i �eiti (uteC ��ch�t Pn<E� Lti� Page 5 of 11 B.1. a) Council Member moved to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1036 regarding Non -Conforming Uses - City Planning Consultant (Exhibit 3); seconded by Council Member -NJ- b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK _ MARKHAM O'CONNOR WATFORD C. WILLIAMS .i MOTION(CARRIE'D DENIED. c) Attorney Cook read proposed Ordinance No. 1036 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OFA NONCONFORMING USE, THAT OFF STREET . } PARKING REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS TO INCLUDE PAVERS; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE INTENSIVE USE OF THE PROPERTY THAT WOULD INCREASE THE NUMBER OFREQUIRED PARKING OFSPACES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member t m moved o approve the first reading of proposed Ordinance No. 1036; seconded by Council Member (11 b) Discussion. 110 Nloocj V(V LOCH /0-eJa: , B ✓ r V ti 4b )MV P_c M c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS ✓ - j' MOT10 CARRIED DENIED. Page 6 of 11 C.1. a) Council Member moved to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1039 regarding Petition No. 08-008-R submitted by Colin M. Cameron, Esquire on behalf of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 2°d Avenue, Block 107, City of Okepcohcob)ee, from CPO to PUB - City Planning Consultant (Exhibit 4); seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM O'CONNOR WATFORD C. WILLIAMS MOTI : GOk ED ENIED. c) Attorney Cook read proposed Ordinance No. 1039 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE." 2. a) Council Member C4 M moxed to approve the first reading of proposed Ordinance No. 1039; seconded by Council Member ( b) Discussion. t>c-U t��L�, - " ;, CA Uv,: U CtJ tC ° G az. G CN-C cwtd �j N-Lkw I: U, �' U-02) �f kubt �t 6� oil C Iola y 041 CCU L TIN Vag (irs UQ- 11 cc C ctio �aa6 c'x-) c) Vote on motion YEA NO ABSENT ABSTAINED KIRK MARKHAM t/ O'CONNOR WATFORD v C. WILLIAMS ti MOTION: ARMED DENIED. Page 7 of 11 D.1. a) Council Membe aw— moved to read by title only and set January 20, 2009 as a final public i hearing date for proposed Ordinance No. 1040 regarding Petition No. 08-011-R submitted by Muhammad Nooruddin on behalf of property owners, A.M.S.A. LLC rezoning 0.488 acres located at 111 Northeast 11 cn Street, Block 18, City of Oke hcobee, from RMFto CPO - City Planning Consultant (Exhibit 5); seconded by Council Member ( t ) . b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK a . MARKHAM O'CONNOR f WATFORD C. WILLIAMS MOTI RRtED DENIED. c) Attorney Cook read proposed Ordinance No.1039 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAPOFOKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM 1 ZONING DISTRICT TO Oft" ZONING j ING MA PROVIDING F ONFL/CTS,DSEVERAB/LI�YAND AN EFFECT/ENDIN6 THENVE DATED ACCORDINGLY, 2. a) Council Member vl M moved tQ approve the first reading of proposed Ordinance No. 1040; seconded by Council Member 1 y 1 r b) Discussion. c c) Vote on motion YEA KIRK -- MARKHAM O'CONNOR WATFORD C. WILLIAMS `— MOTION: 1ARtl DENIED. NO ABSENT ABSTAINED Page 8 of 11 E. Council Member- I i moved to adopt proposed Resolution No. 09-01, pledging support for the statewide effort of build in99��citizenship in the community - City Administrator (Exhibit 6); seconded by Council Member C N.i J VOTE YEA NAY ABSTAIN ABSENT at,_� QylC.ft�c�� , KIRK ✓ p� i " �J" 00 MARKHAM ✓ rZ� �tO� -- ei �Cc� . O'CONNOR ✓ - J WATFORD C. WILLIAMS MOTIO - CARRI D DENIED. F. Council Member -b W . moved to adopt proposed Resolution No. 09-02, supporting South Water Management District's effort of the hydraulic and applicable physical re -connection of the Central and South Florida Flood Control Project - City Administrator (Exhibit 7); seconded by Council Member M �t o, .J�..c c id L+ ht O-q- ftott,lk, (0 @ LC7 S)' Cc &k' P`0J t'% Il,t VOTE YEA NAY ABSTAIN ABSENT A KIRK -' MARKHAM C 16 C� j 6 � O'CONNOR '^ WATFORD C. WILLIAMS MOTIO i R / DENIED. -� � � � � �( CU4,tl cwt Page 9 of 11 G. Consider a request by Mike and Linda Holmes of Holmes Cabinets regarding their purchase of parcel in the Commerce Center and also conclude sale of fill dirt - City Administrator (Exhibit 8). Ujj-v\"TtLq C6 t)(J uL Ckj aw c" Z ll lc" U, Cj 9 rs VW�4 AtA C,+ d/i aco CA CPLk's Page 10 of 11 H. Council Member t*n moved to vacate a drainage easement located a 1100 South Parrott Av nue f/k/a Captain D's - City Administrator (Exhibit 9); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM �— O'CONNOR WATFORD C. WILLIAMS MOTION-=CARRIlb ! DENIED. 1. Council Member f ► ► () moved to allow Elite Title located at 311 Northeast 2"d Street to use the right-of-way in Block 200 of Northeast 41h Avenue for construction of improved parking area and to further confirm par'ng compliance issues - City Administrator (Exhibit 10); seconded by Council Member -2-b - G, --? 06-1 f n Ln cAtn VOTE KIRK YEANAY ABSTAIN ABSENT, MARKHAM .� O'C WATOFORDl� R n o C. WILLIAMS v � , MOTI : CARRIE DENIED. "v"�� L t n`"`"(� Cam(/ 1A0-a Cot cc,, a-4 ut-� Page 11 of 11 J. Consider Fiscal Year End 2008 and Fiscal Year End 2009 Budget Amendments and Revisions - City Administrator (Exhibit 11). C0 6 fz) cicpwl 0�/C( o-t ,. 4 hc� =- �,�e Cl�� h� �y� c�,e� oriot �.eJ7 - Cant@�,�-� � c�.�e �to.c� � `��� �c� (%c�ircpl,����I, 7 CA e�ua� cam- � ��c� . LY C� �-x `� l � Vie, C�e��Gto2� ug &Lk) Cd NL IX. MAYOR KIRK ADJOURNED THE MEETING AT P.M. INDEPE& NEw$PAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE • 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a (- in the matter ofC T J t i& t.i Co' c,1'.1 c ( t N.a r -i-', t -e-- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously 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. `Sworn to and subscrib d before me this C`' ` day of .� t_. r�` A n otary Public, State of Florida at Large o4, a' Pie, Janetta Thiboult Commission # DD505311 Expires January 10, 2010 Bonded Troy Fan Inwrance Inc 800.3857019 ll oq ln(4" f P,� -c NOTICE IS HEREBY GIVEN that the City Council of the City of 01 I in Regular Session on Tuesday, January 6, 2009. 6:00 p.m. at C Ave, Rm 200. Okeechobee, Flonda. The public is invited and enc A copy of the agenda will be available on our website at f�GJ Q, or contact City Administration at (863) 763.3372 x 212, LEASE TAKE NOTICE AND BE ADVISED that d any person desires .ion made by the Co Council with respect to any matter cons ing, such interested person will need a record of the proceedings, )se may need to ensure a verbatim record of the proceedings is I inclutles the testimony and evidence upon which the appeal is ,lerk media are used for the sole purpose of back-up for the Clerk'; by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 305672 ON 01/02/09 (863) 763-134 City of Okeechobee SS SE 3"d Av Okeechote FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686email:;af t: nth ;�`•���,�;�� *****Memorandum***** "a19t6ff' DATE: January 6, 2009 TO: Mayor City Council FR: City Administrator RE: City Council Agenda amendments: l . Swearing of newly elected official was formerly listed as item `A' on the Agenda and would like to move to immediately after the roll call under 'Presentations'. 2. There is an address error on Item `D. La". Instead of the incorrect address of 403 NW 2nd Av, Block 107, the subject property is at 111 NE 1 lth St, Block 18. CITY OF OKEECHOBEE JANUARY 6, 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 5 I. CALL TO ORDER - MAYOR: January 6, 2009, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; Pledge of Allegiance led by Mayor. Ill, MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Elect Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall • City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Present a Service Award to Mayor James E. Kirk for Twenty Years of Service. B. Present a Service Award to Dowling R. Watford, Jr. for Twenty -Five Years of Service and longevity recognition from Florida League of Cities. JANUARY 6, 2009 PAGE 2 of 5 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 2, 2008 City Council Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1037 to provide an extension of time for an easement, Street Closing Application No. 88 of Ordinance No.1019 - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1037 by title only. 2.a) Motion to adopt Ordinance No.1037. b) Public comments and discussion. c) Vote on motion. • B.1.a) Motion to read by title only proposed Ordinance No.1038 regarding Application No. 08-007-SSA, submitted by Muhammad Nooruddin, on behalf of property ownerA.M.S.A. LLC, regarding 0.488 acres located at 111 Northeast 11" Street, Block 18, City of Okeechobee, from MF to C -City Planning Consultant (Exhibit 2). (Planning Board is recommending approval, unanimous vote) b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1038 by title only. 2.a) Motion to adopt Ordinance No.1038. b) Public comments and discussion. JAWARY 6, 2009 PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.c) Vote on motion. CLOSE PUBLIC HEARING. VIII. NEW BUSINESS. • A. Swearing in of newly elected officials and presentation of Certification of Election by the Honorable Williams L. Hendry, Retired Circuit Judge. 1. Election of Mayor for a two-year term. 2. Two year appointments of Council Members to serve as City Liaisons to various Boards: • Central Florida Regional Planning Council -1 member (Clayton Williams currently serves) • Tourist Development Council - 2 members (Lowry Markham and Lydia Jean Williams currently serve) Develop,, IQ1� tfor ) • Juvenile Justice Council -1 member (Jim Kirk currently serves) • Treasure Coast Council of Local Governments -1 member (Dowling Watford currently serves) • Treasure Coast Regional League of Cities -1 member (Dowling Watford currently serves) • Okeechobee County Health and Healthy Start Coalition -1 member (Lowry Markham currently serves) • Workforce Regional Development Board -1 member (Jim Kirk currently serves) • Okeechobee Main Street -1 member (Dowling Watford currently serves) • Economic Council -1 member (Clayton Williams currently serves) • Battle of Okeechobee Re-enactment Committee -1 member (Dowling Watford currently serves) • Hurricane Housing Recovery Program (HHRP) -1 member (Dowling Watford currently serves) B.1.a.) Motion to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No.1036 regarding Non -Conforming Uses - City Planning Consultant (Exhibit 3). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1036 by title only. JANUARY 6, 2009 PAGE 4 OF 5 Vill. NEW BUSINESS CONTINUED. B.2.a) Motion to approve the first reading of proposed Ordinance No.1036. b) Discussion. c) Vote on motion. C.1.a) Motion to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No. 1039 regarding Petition No. 08-008-R submitted by Colin M. Cameron, Esquire on behalf of Okeechobee County ARC, rezoning 1.425 acres located at 403 Northwest 2nd Avenue, Block 107, City of Okeechobee, from CPO to PUB - City Planning Consultant (Exhibit 4).(Planning Board is recommending approval, six to one vote) b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1039 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1039. b) Discussion. c) Vote on motion. D.1.a) Motion to read by title only and set January 20, 2009 as a final public hearing date for proposed Ordinance No.1040 regarding Petition No. 08-011-R submitted by Muhammad Nooruddin on behalf of property owner A.M.S.A. LLC, rezoning 0.488 acres located at 403 N AhwesL22d , Blesk-F, City of Okeechobee, from RMF to CPO - City Planning Consultant (Exhibit 5). (Planning Board is recommending approval, unanimous vote) � 11 �s b) Vote on motion to read by title only and set final public hearing date. /UF tl i IL I 7 c) City Attorney to read proposed Ordinance No.1040 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1040. b) Discussion. c) Vote on motion. JANUARY 6, 2009 PAGE 5 OF 5 • Vill. NEW BUSINESS CONTINUED. E. Motion to adopt proposed Resolution No. 09-01, pledging support for the statewide effort of building citizenship in the community - City Administrator' (Exhibit 6). F. Motion to adopt proposed Resolution No. 09-02, supporting South Water Management District's effort of the hydraulic and applicable physical re -connection of the Central and South Florida Flood Control Project - City Administrator (Exhibit 7). j G. Consider a request by Mike and Linda Holmes of Holmes Cabinets regarding their purchase of parcel in the Commerce Park and also conclude sale of fill dirt - City Administrator (Exhibit 8). H. Motion to vacate easement located at 1100 South Parrott Avenue f/k/a Captain D's - City Administrator (Exhibit 9). Motion to allow Elite Title, 311 NE 2"d Street, use of City right-of-way in the 200 Block of NE 41' Avenue, for construction of improved parking area and to further confirm parking compliance issue - City Administrator (Exhibit 10). J. Consider Fiscal Year End 2008 and Fiscal Year End 2009 Budget Amendments and Revisions - City Administrator (Exhibit 11). IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. PresenieJ To ncpmpleteing '20 Years of ContinuoU-s er'vice iti t orfr-,' C:ii Qle�qtecl a I 2009 anuar a ment'rare14 sat kOc� bas lon`t ton teat e.o g since wm-4,A0 M4 0 ccOmPljsb anti let tbings:_b i"i'tbP-M w en ,b t a nJ ppeneJ to tbings. _Qlhpofr,':mit / C% 0 • p�resentec� To ... of com-pte"teing 25 Years of Continuous:.Service ;its} of C)keeAo%ee as (in Qecteci off1pia-11 r Jan.uar4 'I, QBJ,, Qecem%er 31, 1984 a Januari} 6, 198: 'to anua�r4 I, 2008` sat It �as long since�:co'rY efto M4 a t q. f accomp�i i nvent rare��} Lack anti let t�in`gs"e;�} Went o:ut an i�appenec) to things. h _ DEC 2-TREAD - EXHIBIT NO. 3 JAN 6 - iF/NAI - EXHIBIT NO. l ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee adopted Ordinance No. 1019, which ordinance closed or vacated a certain street within the City at the request of developer David and Anita Nunez, being Northeast 2"d Street from Northeast 71h Avenue East to the dead-end as situated between Blocks 147 and 148, to facilitate the construction of a new commercial building on the site of developer; and WHEREAS, as is typical for such ordinances within the City, provision was made for a reverter of the street closing to cause the subject street to revert, and re -open for public use in the event the developer did not provide the City an easement over the closed street, or proceed with construction plans; and WHEREAS, in this instance, the developer through oversight neglected to provide the City an easement over the street within 60 days of passage of said Ordinance; and WHEREAS, the subject street would be considered re -opened due to this oversight, but the City does not wish to require the developer to commence the street closing process over again, and it is in the best interests of the City to extend Street Closing Application No. 88 of Ordinance No. 1019; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One That Ordinance No. 1019 as previously adopted is amended to permit developer to provide an easement to the City over the closed street, and the date for such easement is extended to and including January 31, 2009; to cause the subject street in such ordinance to remain closed to the public as provided for in said ordinance, to facilitate the final construction of developer commercial structures. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 6t' day of January, 2009, and shall take effect immediately upon its adoption. Ordinance No.1037 - Paae 1 of 2 INTRODUCED for first reading and set for final public hearing this 2"' day of December, 2008. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 6th day of January, 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Ordinance No.1037 - Page 2 of 2 NDEPE&EPJT _ _ � / /� 9���'` BWSPAPERS OKEECHOBEE NEWS 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, t t the attached Y PUBLIC NOW CONSIDER47MOFADOMING ACRy,OLi�NHQW copy of advertisement being a U (G_ ►V�1�(+a — PLEASE TAKE NOMEthattheGGCainciIofIna CityrofMechgbee;Florioa on Tuesday, Jarwary 8,2009 5F' ¢:D0 .6i. or as soon thereafter,possihle at Hall, 55 SE 3rd Ave., Okeechobee; A:eanduct a PUBUC HEARING b)'W teal r, in the matter of �/ t- , ' T f� to consider final readnp of fh fboowf�g Ordinance irm law. N0. f03 1 AN OR NANCE OF 7HE CITY FOKEECHOBE! FLORIDA DMDING`THE OPER41M _ ORDINANCE 1019 AS PREMSLy'ADOPTED, PROVIDING FOR, EXTENSION DME M WHCH DEVELOPER PROVV EASEMW TO THE My OF DAFECh BEE., PROVIDING FOR AN EFFECTIVE D47E. M members of the pudic are errouraged.to aftarrd and ricipde in said Barn The.proposed Ordinance maybe Inspected h its erdkely by members of the in the 19th Judicial District of the Circuit Court of Put in the Office of.fhe City Clerk during regular business hours, Mon-M, 9. 4:3gp orlidaysKE NOTICE AND BE ADVISED that ff any person desires to cereal a I'xWSETA Okeechobee County, Florida, was published in decision made by the City Council with respect to any matter considered at d hearing, such Irderested persofi 4,need a record of dre proceedtogs, and for su said newspaper in the issues of purpose may.need to ensure a ver6*h' f%' W of fhe'proce is �,wN redadlincludes me teAnorry and evidence �;* rile alipeal Cily.Flerkineda are for tfre sole pu(pOse otbaclmp for officlat records of the perk In accordance-wnh dre Americans wan Uisabilily Act (ADA) and Roder Stain 28626,'pdrsals wan<disehiYtiBS>rreedfip•speclal acbpmmodadon ffl ParbciPate ttNs proceeding should boidaCt Lam GamMm WW Man two' (2( wrorldng da te•dre proceed at 863 763-337,2 x215; d hearing or voice impaired, r s55Bnt(rr�. Affiant further says that the said Okeechobee , Lane Garrnotea, CMC, C 'CLERK, " ���°frr CLERK News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously 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. Sworn to and subscribed before me this t ill-7 G `t �C,_ (_ e 41- � rt day of AT) `.l'd'otaiy Public, State of Florida at Large o�PAY Pie, Janetta Thiboult Commission # DD505311 Expires January 10, 2010 �� QF F�-� 43onCetl Troy Fern IrSutance. Inc Bdo-385.7019 JAN 6 -FINAL - EXHIBIT Na. a - ORDINANCE NO. 1038 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM MULTI -FAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 08-007-SSA), submitted by Muhammad Nooruddin on behalf of property owner(s), A.M.S.A. LLC, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on December 18, 2008, which determined such applicant(s) to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City limits of the City of Okeechobee, Florida. SECTION 2. AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. Ordinance No.1038 - Page 1 of 2 SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 0.488 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: a. Application No. 08-007-SSA, from Multi -Family to Commercial. The Legal Description of Subject Property is as follows: LOTS 17 THROUGH 19 OF BLOCK 18, CITY OF OKEECHOBEE SUBDIVISON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended December 6, 1994", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1038 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this _6 day of Januarv, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the 6 1h day of January, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1038 - Page 2 of 2 DECEMBER 18, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 5 ACTION:- DISCUSSION .- VOTE. V. CONSIDER PETITIONS AND APPLICATIONS. i A. Application No. 08-007-SSA submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change land use from MF to C for property located at 104 & 111 NE 11" Street. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment - Chair 4. Close Public Hearing - Chair. • 5. Board Discussion. 6. Consider motion and vote. B. Petition No. 08-008-R submitted by Colin Cameron, Esq P.A. Hear from Planning Staff to change zoning designation from CPO to PUB for property located at 403 NW 2Id Avenue. 2. Hear from the Property Owner or designee/agent. • 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. Muhammad Nooruddin addressed the Board stating the property will be used for an office. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing Survey needs to be updated to show correct surrounding property uses. Member Burroughs moved to find Application No. 08-007-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from MF to C for property located at 104 & 111 NE 11m Street; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA TORRES-YEA MCCOY-YEA BURROUGHS - YEA MORGAN - YEA O'CONNOR - YEA MOTION CARRIED. Application No. 08-009-R final hearing will be January 6, 2009before City Council. Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consistent with the Comprehensive Plan Use Categories and Plan Policies. Attorney Jeff Fadley appeared for Attorney Cameron and reviewed the highlights of the petition, stating long time use of the property. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing. 1375 Jack Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 S'1aff Report —Small Scale Comprehensive Plan Amendment Applicant: Muhammad Nooruddin From: Multi Family To: Commercial Petition No. 08-007-SSA Staff Report Applicant: Muhammad Nooruddin Small Scale Amendment Petition No.: 08-007-SSA InformationGeneral 00, Applicant Address: PO Box 448 Okeechobee, FL 34972 ApOj Applicant Fax Number: 863-763-6619 Applicant E-mail Nooruddin64(cDomail.com Existing Proposed � . 1 yip` «,. , ffiro i+ 'Y g;�yv t:� ' �' aa:. � �4 y�' �' w � , ,1.. x . "�" �tl •. .. '2FT.': d` x. :tV' �:4'..:'. '.fib: .. .. "� F,!.`�"� e a.;;`-:# Zoning District RMF CHV 1r rT"II __ .� :sa.�.�.i:.. ��II d' .xll�rip.ira • :�: , e�";,:*- .. Via.",. ,s.:,. ��"r Y.� ,r ° :�' .m ,: . tt Acreage 0.488 acres 0.488 acres Location: 104 & 111 NE 11th Street Legal Description: LOTS 17, 18, AND 19, BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Multi -Family Residential to Commercial for three city lots comprising 0.488 acres of land on the north side of NE 11th Street between US 441 and NE 3`d Avenue. The Applicant has also submitted an application to rezone the property from RMF to CHV to accommodate a home health care office. 0 0 Staff Report Applicant: Muhammad Nooruddin Small Scale Amendment Petition No.: 08-007-SSA Zoning District: Existing Land Use: $QCi !".,11rf?:rs@Ma i",rdS11G�01< d IQ West: Future Land Use Map Classification: Zoning District: Existing Land Use: General Analysis and Staff Comments RMF Vacant �y Commercial CHV Commercial offices Based on the size of the property (0.488 acres) and the history of Small Plan Amendments approved by the City over the past 12 months, this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. In July of 2007, the City approved an SSA changing the Future Land Use desig- nation on this property from Commercial to Multi -Family Residential to allow for construction and operation of an Assisted Living Facility (ALF). The Applicant has subsequently determined that the property is not of sufficient size to accommodate the facility he originally envisioned, and now wishes to operate an office for his home health service. This use requires commercial zoning. Comprehensive Plan Analysis A. Consistency with the Land Use Categories and Plan Policies. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. The proposed office use for the property is consistent with the Commercial Future Land Use Category and the policies that govern this category. The requested Commercial future land use designation is consistent with the general pattern of commercial expansion evident in this area east of US 441. Considering the pattern of prior approvals involving other lands similarly situated, it is Staffs opinion that the requested amendment is consistent with recent City policy and the Comprehensive Plan. 2 Staff Report Applicant: Muhammad Nooruddin Small Scale Amendment Petition No.: 08-007-SSA B. Adequacy of Public Facilities The applicant has submitted no information regarding either the projected demand for City water and sewer services or an estimate of traffic generation. However, nearby commercial and multi -family development are served by water and sewer facilities. Given the limited size of the parcel and the likely limited intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate the water and sewer needs that would be associated with development of the subject property, particularly in light of the fact that up until July of 2007, the property carried a Commercial future land use designation and a home health care office could have been permitted as a matter of right. Similarly, demand for Solid Waste collection and disposal should be minimal and traffic generation is not likely to exceed that normally associated with businesses in close proximity to major arterial roadways. C. Compatibility with Adjacent and Nearby Land Uses The Florida Community Health Center is located immediately adjacent to the western boundary of the subject property and the property to the east is vacant. Despite the fact that the property to the north contains a single-family residence and a multi -family use is situated to the south across NE 11th Street, Staff believes the policy of the City regarding properties within a block or two of US 441 in this general area envisions gradual transition to commercial use. There appears to be an increasing interest in medical/health care -related uses and other professional offices in the northern part of the City due, at least in part, to the hospital just north of the city limits. The requested land use change is consistent with this trend and the pattern of land uses in the general vicinity. Such uses are compatible with the multi -family uses scattered in the vicinity as well as the vacant lands now designated for multi -family use on the Future Land Use Map. Nearby residential properties can be suitably buffered from any potential negative impacts of commercial development. Recommendation Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Multi -Family to Commercial. Submitted by: James G. LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 City Council Hearing: January 6, 2008 Attachments. Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 3 C� r� Staff Report Small Scale Amendment Applicant: Muhammad Nooruddin Petition No.: 08-007-SSA FUTURE LAND USE NOORUDDIN SITE AND ENVIRONS 0 Nooruddin Site 0 SINGLE - FAMILY ® MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL PUBLIC FACILITIES 300 0 300 600 Feet V I �� 4 Staff Report Small Scale Amendment Applicant: Muhammad Nooruddin Petition No.: 08-007-SSA ZONING NOORUDDIN SITE AND ENVIRONS `s a E M MW Z MV -1 a WWL fir= 8U1 SMML El Noorudd in Site H U RSF1 RMH ® RSF2 RMF CPO CLT CBD CHV IND PUB PUD-R (-1 PUD-M 300 0 300 600 Feet F-1 5 City of Okeechobee General Services Deparl*nt 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863) 763-1686 Comprehensive Plan Map Amendment Application and Checklist /small Please Check One: Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres) ✓ Name of property owner(s): U It"RI M N ev "DIA-1 Owner mailing address: (� , l , 1q ti Name of applicant(s) if other than owner (state relationship): Applicant mailing address: Applicant e-mail address: lvdi ku o � l/V 6 y (�, 41, 1 t - c&k7 " Name of contact person (state relationship): fqU IuWrnt/� 1UM,6D,1,-1 (a,,NLr/2 Contact person daytime phone(s): M , N bbdi,G��) n� ,� f�&3, 763-11VFax: F6 3 - 76-5-&4 ✓ 11 Property address / directions to property: Parcel Identification Number: 3 -� jS 37-3 _ o -910 - 0 -P/ uQ- a / 90 Size of the Property (in acres): 0, -Y Y9 Ci7. 5 /}a Current Zoning Designation: m4wf. re-1 lz— y, F,i Current Future Land Use Designation: Existing Use of the Property: +µRaj Proposed Future Land Use Designation: 6ZYY) 7YI eW Cr cX Proposed Use of the Property: 40M 2 �(- b - Off, /►/D i /G7L AG 1"'c . Description of Surrounding Properties: U is �/� dvi £ tST d o✓0-kTf/- <2'frV ay, west— a V V O'A S©U 4,l1 Legal Description of the Property (Lengthy Description May be Attached): ,1 (V iceect vbje-� F�- .3 -L) 5 7 == 3-)C- 37-35- c-p70-- ddlna_Q/Rv -3-7- 3 S-- 00/0 - 0040- 01 )0 Uniform Land Use Application (rev. 7/08) Page l of 2 rVA ✓ Survey of Property (11" x 14", 20" Scale) ►✓ $500.00 Application Fee (non- refundable) Note: Resolution No. 98-11 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 cost. ✓ Letter Outlining Request / City Location Map Notarized Letter of Owner's Authorization 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 summary denial of this applica . 1 Il r i _11�Zu �Y7/Y� fj✓A) Signature i Printed Name Date 1 Checklist for 1 2 3 4a 4b 4c 4d 5 6 Plan Amendment a Completed and signed application Applicants letter outlining request Notarized letter of consent from owner Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Legal description on survey Computation of total acreage to nearest tenth of an acre on survey Ca A,,,j_ Drawing size 11 x 17, if larger size, submit 13 copies City location map within 100 feet of subject property Application fee (non-refundable) - $ 500.00 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — 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. * Necessary only when the applicant is different from the property owner. A)JA- Uniform Land Use Application (rev. 7/o8) Page 2 of 2 Okeechobee County Property Appraiser - Map Printed on 10/30/2008 9:21:15 AM Page 1 of 1 Okeechobee County Property Appraiser W.C. "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-00180-0180 - SINGLE FAM (000100) CITY OF OKEECHOBEE LOTS 18 & 19 BLOCK 18 Name:A M S A HOLDINGS LLC & SHAKOOR LandVal $23,750.00 Site: 111 NE 11TH ST, OKEECHOBEE BldgVal $83,024.00 Mail: PO BOX 448 ApprVal $106,774.00 OKEECHOBEE, FL 349730448 JustVal $106,774.00 Sales 8/30/2007 $0.001 / U Assd $106,774.00 Info 3/17/2005 $151,000.001 / U Exmpt $0.00 10/5/1999 $0.0011 U Taxable $106,774.00 4i °: Abe` This information, Last Updated: 10/9/2008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or its interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. 3 �- I http://okeechobeepa.com/GIS/Print Map.asp?pjboiibchhjbnligcafcefocnfkfdfefdbblejngb... 10/30/2008 1013I108 To whom it may concern: I arn Commplan, l —mg to convert the ercOfficeonly.ial to shift my Big lake hoexistings erHeal� ( See Attached A th services office. PPlication) zoned Ifyou have an Not a Public Multi family to Y question, Please call me at 863-763-777 Place. It will be used just for Sincerely 3 Muhanimad Nooruddin Skip Parcel ID Number. 3-15-37-35-0010-00180-0170 ' Prepared by and return to: PHYILS WALKER Obee-'hnAke 71110 Company. Ine. i 05 NW 6111 Soma Olmwltobm Florida 34972 FILE NO.29330 arranty Deed O � Indenture, Executed this August 30, 2007 A.D. Between FILE NUM 2110111017110112092 OR BK 00638 PG 0879 SHARON ROBERTSONr CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY[ FL RECORDED 09/04/2007 04:39:24 FM RECORDING FEES 18.50 DEED DOC 1YO15.00 RECORDED BY N Arnold P9s 0879 — 8807 (2P9s) W. ILGEN and bIARY A. ILGEN, HUSBAND and WIFE, s is 867 CLIFF TOP ROAD, BLAINE, TN 37709, hereinafter called the grantor, to LLC, A FLOREDA LEMIMD LIABILITY, AND ARIF SHAKOOR, whose posi(pj1ijp, ddtess is: P.O. BOX 448. OXEECHOBEE, FLORIDA 34973, hereinafter called the grantee: in the tern "gmmoe and'Vwum' induce ah the parties to tans inawoent and am heir, legal representatives and assign or sameaors and assigns of Corp rations) Witn that the grantor, for and in consideration of the sum of Ten Dollars, (S10.00) and other valuable considerations, rece whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all thnyen land situate in Okeechobee County, Florida, viz: Legal Description as , "A' tmo Parcel ID Nbe' A Subject to covenau�5tic�ns, easements of record and taxes for the current year. Together with all the ce het[ d"amarts and appurtenances [hereto belonging or in anywise appertaining simple And the grantor hereby covenin ' said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to wmvey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims whomsoever, and that said land is free of all encummbumces except taxes accruing subsequent to December 31, 2007. Ira Witness Whereof, the said �8lted To Have and to Hold, forever. Signed, sealed and delivered in our presences 7 OF Witness Mmcd Name i whom Printed Name and sealed thew presents the day and year first above written Addrtas: 867 CLIFF TOP ROAD, BLAINE, TN 37709 (Seal) MARY A�.G Addrm: 867 CLIFF P ,13TN 37709 State ofTENNESSEE County of —t� / The foragoing instrument was acknowledged before me this August 30, 2007, by DONALD W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, who is/am personally (mown to me or who bat produced daa�drivers license as identification. ••- : ry''% print N mat a.ro��`N //T'honias :,eels�ATE My a amara,la.Isupire, MY COWLS;Mok EXPIRES FEL 4, 20M F TEN _ OTAR �:• PU,�� 01C!ltttt��`���. Book638/Page879 CFN#2007012092 Page 1 of 2 Exhibit ►'A'► LOTS 17, 18 AND 19, BLOCK 18, OKEBMOBEB, ACCORDING TO THE PLAT TE(EREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID LAX BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEBCHOBEE COIq UNTY, FLORIDA ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF I 30BEE COUNTY, FLORIDA. File Number. 29330 LqWWMWro.ta Book638/Page880 CFN#2007012092 Page 2 of 2 r DESCRIPTION: LOTS 17, 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11 th STREET F.I.R.M. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE o FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA 1 inch — 30 ft Z LOT 13 LOT 14 I LOT 15 LOT 16 I J E/P E/P I LOT 10 47.6' PLAT OHW _ 15' IRC (HOOVER) 47.6' PLAT 4' CHAINUNK FENCE M%%a k LOT 17 LOT 9 LOT 8 47.W PLAT 47.6' PLAT 15' ALLEYWAY ' N 89'5723" W 142.59' D IRC (TT.S FND IRC (TWPS) 47.6' PLAT 47.6 PLAT LOT 18 I LOT 19 BLO K 18 WOOD POLE sI 9 FND IRC (TWPS) R' PI AT . IRC (HOOVER) N89'58'12' E/P E/P IBox CONCREW 60.5• RESIT ENCE 47.W PUT FNQ, IRC (TWPS) V 142.59' 2 CONC d z GRAPHIC SCALE 30 0 15 30 ff FND IRC (HOOVER) M N d �I Y 47.6' PLAT FND DRILI. HOLE. CI It vFRT LJ7 O O c LOT 20 0 1AFFNCE 0.1'W rn CONC. ENCROACHES 5.1' rCONC. ENCROACHES 4.3' JNU. GNUKUAUhGB 1.1 E/P E/P NE 11 th STREET 70' R/W e0 d/3 E/P 1 d/3 V3 d/3 d/3 E/P STANDARD NOTES: 1. No search of the pub is records for determination of ownership or restrictions affecting the lands shown was performed by the sur yor. 2. The survey depicted ere is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. 5. There are no visible above ground encroachments except as shown. 6. No attempt was mad to locate underground improvements and/or encroachments (if any) as part of this survey. 7. This survey was prepared in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472,027, Florida Statutes. NOTES No search of the public re ords for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prep red exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed by the surveyor for use by others not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper. PREPARED FOR THE EXCLUSIVE USE OF: DESCRIPTION DATE BY CK FREED KAHN OKEE—TANTi TITLE INSURANCE COMPANY, INC. BOUNDARY SURVEY 07-18-07 KB KB MUHAMMAD NORUDDIN TICOR TITLE INSURANCE COMPANY CULFSTREAM BUSINESS BANK -FIRST AMERICAN. TITLE & ANSURANCE COMPANY A.M.S.A. HOLDINGS U.C. UNITED GENERAL TITLE INSURANCE COMPANY DESCRIPTION REFERENCE: DRE FB/PG: SEE FILE SCALE: BOUNDARY SURVEY BEARING REFERENCE: BREF FILE: 13347-071807.DWG JOB N0: 13347 - -y TRADEIVINDS �� Certificate of uthorization No. LB 6719 200SW 3r AVENUE Okeechobee, FL 34974 Tel: (.863) 63-2887 A.71;�eaux, Jr. LEGEND O—Set Iron Rod and Cap PSM 0—Found CM *—Found Iron Rod (and Cap) O —Found Pipe (and Cap) I ABBREVIATIONS EL-Basellne: BM -Benchmark; �-Centerline; C—Colculoted; CATV=Cable TV; CMq Concrete Monument; CONC—Concrete; D=Deed; &=Delta or Central Angle; E=East; E'LY—Easterly. E/P—Edge of Pavement; ESMT-Easement; F.I.R.M.-Flood Insurance Rate Map; FND=FouiW; IP—Iron Pipe; IR&(C)-Iron Rod (and ID Cap); L-(Arc) Length; M-Measured; MH=Manhole; N-North; WILY -Northerly. NGV(D)-National Geodetic vertical (Datum) of 1929; NTS—Not to Scale; OHW-Overhead wires; E—Property Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature: PCP= Permanent Control Point; POB-Point of Beginning; POC—Point of Commencement; PRC—Point of Reverse Curvature; PRM-Permanent Reference Monument; PT —Point of Tangency, PLI&D-Public Utilitiy and Drainage; R-Radlus; R/W- Right— of —Way. S=South; S LY=Southerly, T=Tangent• TEL-Telephone Splice or Switch Box; W=West; W'LY=Westerly, UTIL=Utilily(les); 3.�t_=Spot Elevation based on Indicated Datum. • 0 NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, the the attached copy of advertisement being a� in the matter of�'-- in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of �.' Ct;14b1�J� Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously 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. A Sworn to and subs Abed before me this /y a, 2day off': An -�0� tary Public, State of Florida at Large O4p'0.Y P�6� Janetta Thiboult Commission # DD505311 NT o Expires January 10, 2010 8wWoTroyFain hnsurarxe wx WO385.7019 (863)763-3134 RMUC A1077CE CONSIDERARON OFADOPRNG A MY ORDINANCE �LFASE TAKE NOTICE tdat the C'�y CounBll of the CRK of OYrxho6ee. Ronda Tuesday, January 6, 2009 at 8:G0 p:m or as soon P . 'al VI, 55 SE 3rd Ave., Okeechobee, R cotjdoct a PUBIJC HdE on and there consider final readkp of the Oddnanc�e brio law 'Ila IOW Me WCE OF 7NE CRY OF OI�ECNOBif FLOli1DA AMENDINGIINE CRY OF 0 IOBff COMPREHENSNE PLAN, .ORDINANCE N0. 635!AS AMENDED, VISMG 1NE FURIRE LAND USE: MAP ON A CERTAIN )R4CT OF LAND A JTRCUCAALY DESCPoBED HEREIN',IIiOM MULTI fAA�IIY TO COMMER' iOVIDfNG FOR INCLUSION OF' AND REVISED FUTURE LAND 4PINTHECOMPRENENSNEPIANi_., DINGFORAN DATE..-, The Ordinance fa Plan wore Lard Use I1th Street, lots I I 8.488 acres . The pn Ae fFe drtneT The proposed Ordinan in the office of the Ca ex fa hdidays. PLEASE TAKE NOTM decision made by thi hearing, such irderest purpose may need to record mcNdes the to Clly Clerk media are h b accordance with 286.26, persons wit this proceeding shod aior to the oroceedo w(a)'A.M.SANold a, LLC. The request is m Man idon,hin MF.to C to pproroperty boated at 111 Nor rough •11 of Block 18, Okeoftbee, and is approhd wsed use is tor,abome heakh office"- p11�arEencograpedtaafrarhd am ppaarlidpate in said h map be mpectdd in is eiitlrety by nembers of the Clerk during regular business hens, Mm-M, 8am-4: AND'BE ADVISEE that t arhy. peman,desi2s to � city Courd A respect to arty majler.rwnsidered I person WIN new a/ecord of the prowdi%-and fo Anne a verbatm record oft he is made, hoary and'evfdence upon wlac tife:,appeai Is to be the sole ppuurpose of be* p fa otBdal*D* of the C Is' Anierbarns wiUi, Web&; Act (AOIq Arid Florida S tsabirdies needing special accommodation to PW contact Lane Gamiotea no War than two (2) workkh i at B63-763-3372 x215: 8 hWng of voice impain JAN 6 -1' JZEAV - FXH1&1T ISO. JAN 20 - FINAL - FXH/8/T NO. ORDINANCE NO. 1036 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDAAMENDING LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716 AS AMENDED, SECTIONS 90-35, 90-39 AND 90-40 THEREOF, WHICH SECTIONS REGULATE NONCONFORMING STRUCTURES AND THEIR USE; REQUIRING THAT UPON TRANSFER, EXTENSION OR REPAIR OF A NONCONFORMING STRUCTURE, THAT OFF STREET PARKING REQUIREMENTS BE AMENDED TO PERMIT THE OWNER TO CONTINUE THE NUMBER OF EXISTING PARKING SPACES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE UPGRADING A PARKING LOT TO MINIMUM STANDARDS, BUT LESS THAN FULL COMPLIANCE, WITH THE CODE, UNDER CERTAIN CIRCUMSTANCES; AND TO REQUIRE COMPLIANCE WITH CURRENT PARKING CODE REGULATIONS IF THE OWNER COMMENCES A NEW AND MORE INTENSIVE USE OF THE PROPERTY THAT WOULD INCREASE THE NUMBER OF REQUIRED PARKING OF SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida strives to upgrade commercial properties located with the City upon change of use or ownership, thereby improving the properties and providing a more uniform and aesthetic look to the City; and WHEREAS, due to certain constraints existing on commercial properties due to the size of the structures, set back encroachments and configuration of the land, full compliance with all current building codes is not always possible; and WHEREAS, the City seeks to promote increased commercial development in the City, and to not require business owners or tenants to rigidly comply with every code where to do so is beyond the ability of the owners; and WHEREAS, the most difficult code section to comply with upon transfer of ownership or use of commercial property has proven to be off-street parking requirements; and WHEREAS, this ordinance will amend certain parking requirements to meet both the goals of the City to improve commercial properties, and of the business owner or tenant to conduct a trade within the City in an economically feasible manner. NOW, THEREFORE, IT IS ORDAINED before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting, deliberation and public discussion, and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief president Officer for the City; approves and adopts the following amendments to Chapter 90, of the Land Development Regulations: SECTION 1. THAT ARTICLE II NONCONFORMITIES, Land Development Regulations, shall be amended in the following respects: Sec. 90-35(d). Transfer of a nonconforming structure. In the event of the underlying land on which exists a nonconforming structure is sold, assigned or in any manner transferred from the record title holder of said lands, as such ownership if is reflected in the records of the Clerk of Court, and Property Appraiser for Okeechobee County, such nonconforming structure may continue in the new owner, so long as the land is not a nonconforming use, and the nonconforming structure is not expanded or repaired except as authorized in these regulations. The transfer of such nonconforming Language to be added is underlined Language to be deleted is struck through Ordinance No. 1036 - Page 1 of 3 structure is further subject to the requirement that the new owner must comply, to the extent reasonably possible, considering the nature and configuration of the structure, with all current codes, land use and zoning requirements. except off-street Darkina reauirements. of the district regulations applicable to the structure. Provided however: W That. if by Dhv_ sical evidence such as DhotoaraDhs or aerial photoaraphv. it becomes evident to the City that portions of the Drooertv have been used for off-street Darkina but are unpaved or unimproved. unmarked or otherwise do not meet the City's design reauirements for such oarkina. the owner shall imorove the auality of such area for its dimensionaf eauivalent) with "oavers" or other form. of dustless surface acceptable to the City for the purposes of vehicular Darkina. The number of spaces to be provided shall be eaual to that which can be accommodated within the aeoaraDhic area previousiv used for oarkina with said spaces and interior circulation components meeting the City's minimum design reauirements for off-. street Darkina and vehicular use areas. U That. as a result of the operation of the business on the site. the City determines that Darkina has been or is occurrina off -site in a manner that is detrimental to the health. safety and welfare of its residents or has detrimental effects upon the economic well-beina of the, surroundina_ nonresidential area. and that there is adeauate vacant land on the site to accommodate some or all of the reauired off-street Darkina for the business. the owner of the Dropertv shall Drovide. to the extent reasonablv possible. the number and tvDe of off-street Darkina reauired in the LDC. Q That. if the use of the property or structure under the new owner is different from the prior use such that aDnlication of Section 90-512. Space reaulations. results in a greater number of off-street parkinq spaces beina reauired than the number of off-street Darkina spaces reauired of the Drior owner and use. the new owner shall Drovide Darkina facilities in complete conformance with the Land Development Reaulations as if the use were entirely, new. Section 90-39(a). Extension of nonconforming structure. A nonconforming structure may be enlarged, improved, or be brought up to current codes without concern as to whether the existing nonconformity deals with lack of off-street parking, or on -site water retention, excessive floor area, height or landscaping, as may be otherwise required of a new structure in these regulations, so long as such development does not create a nonconforming use in that district; does not create a new nonconformity as to property line set -backs; and would not cause or create a significant impact as to drainage, or parking -and off-street loading requirements. Provided. however. that if the enlargement or improvement. because of aDIDlication of the provisions of Section 90-512. Space reaulations. results in et areater number of off-street Darkina sDaces beina reauired than the number of off-street Darkina_ sDaces reauired before the improvement. the owner shall Drovide Darkina facilities in complete conformance with the Land Development Rea_ ulations as if the use were entirely new. Section 90-40(a). Repair or reconstruction of nonconforming structure or use. A nonconforming structure may be maintained, repaired or altered, without concern as to whether the existing nonconformity deals with lack of off-street parking, or on site water retention, excessive floor area, height or landscaping, so long as such repair does not create a new nonconforming use in that district; does not create new or additional nonconformity as to property line set -backs; height, or floor area, and would not create a significant impact as to drainage, ar parl:ft and off-street loading Language to be added is underlined Language to be deleted is struck through Ordinance No. 1036 - Page 2 of 3 • requirements. Provided. however. that if the reoair or alteration. because of armlication of the orovisions of Section 90-512. Space reaulations. results in a areater number of off-street oarkina spaces beina reauired than the number of off-street oarkina spaces reauired before the improvement. the owner shall provide oarkina facilities in complete conformance with the Land Development Reaulations as if the use were entirelv new. SECTION 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. SEVERABILITY. If any provision or portion of this ordinances is declared by any court of competent jurisdiction to be void, unconstitutional, unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 6" day of January, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 201h day of Januarv, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck th oagb Ordinance No. 1036 - Page 3 of 3 40 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 239-334-3366 • FAX: 239-334-6384 MEMORANDUM DATE: December 29, 2008 TO: Brian Whitehall FROM: Bill Brisson RE: Explanation of Ordinance 1036 as now proposed. During the November 18`h City Council meeting we discussed proposed revisions to the Land Development Regulations pertaining to situations where a business, which is nonconforming to the off-street parking requirements, is sold and under what circumstances improvements to the parking situation would be required. Ordinance 1036 has been prepared to address the consensus arrived at during the meeting. Based on our recent discussion, we have also addressed the situation where a parking problem is known to exist and there is vacant land on the property to accommodate at least some of the parking deficiency. The following brief explanations of the effects of this proposed ordinance may be helpful. There are two basic situations covered by the ordinance when a business that is deficient in parking is sold. (1) When the operation of the business by the new owner results in the same off-street parking requirement as the current business there are three possible scenarios: A. If the use to be undertaken by the new owner is the same or the equivalent to that under the former owner, and there is no increase in the amount of parking required, and no area of the site has been previously used for parking, the new owner may con- tinue to operate on the property without the need to remedy the parking deficiency. The property will be considered legally nonconforming as to the City's off-street parking requirements. B. If there is evidence that the existing business has been using portions of the property for informal parking, but the parking area has not been improved to the standards required in the Land Development Regulations, the owner must improve the area having been used for parking in a manner that is acceptable to the City for vehicular parking purposes. C. If the City determines that the deficiency in parking has been adversely affecting the City's residents or the surrounding nonresidential area, the new owner must meet the City's parking requirements to the extent reasonably possible. "Reasonably possible" is intended to mean that the amount of parking to be provided will be limited to that which can be accommodated without the owner modifying the size or location of any structures or buildings to provide parking, and he/she would not be required to provide parking where it is not physically possible or it would be unsafe. (2) When the operation of the business by the new owner results in an increased parking requirement, either because the business is expanded or the new use has a different parking requirement under Sec. 90-512 of the LDRs, the new owner must provide parking in complete conformance with the City's requirements just as if it were an entirely new use. JAN 6T" - FIRST READ -• EXHIBIT NO. JAN 20T" - FINAL - EXHIBIT NO. ORDINANCE NO. 1039 AN ORDINANCE OFTHE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT TO PUBLIC FACILITIES (PUB) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Colin M. Cameron, Esquire, on behalf of Okeechobee County ARC, and the property more particularly described hereafter, has heretofore filed Petition No. 08- 008-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.425 acre(s) from Public Facilities (PUB) to Commercial Professional Office (CPO) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 18, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 7 TO 12 INCLUSIVE AND THE SOUTH 47 FEET OF LOTS 1 TO 6 INCLUSIVE AND THE ALLEY LYING IN SAID BLOCK 107, CITY OF OKEECHOBEE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS 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 (1.425 acres) zoning classification to be changed from Public Facilities (PUB) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1039 Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 6th day of January 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 20th day of Januarv, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1039 Page 2 of 2 City of Okeechobee General Services Department 55 S.E. Yd Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 Fnx! (R63)763-1686 Date: I r I (S tn Fee Paid: o . 0-() 1" Hearing: ICI ] g 1 Q V Publication Date&: Notices Mailed: P tion No. 08-008—R Wdiction: PA , - CQ- 2nd Hearing: � � �v`��� � Oq 1 Name of property owner(s): Okeechobee County c/o Cassels and McCall 2 Owner mailing address: 403 NW 2nd Street Okeechobee, FL 34972 3 Name of applicant(s) if other than owner ARC/ Okeechobee Rehabilitation 4 Applicant mailing address: c/o 200 NE 4th Ave Okeechobee, FL 34972 4a e-mail address: gatorlst@okeechobee.com 5 Name of contact person (state relationship): Colin M. Cameron l,fsO 6 Contact person daytime phone(s): 863-763-8600 7 1 Property address/directions to property: 403 2nd Ave Okeechobee, FL 34972 Describe current use of property: 8 ARC/ Okeechobee Rehabilitation Facility Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 9 1 Building occupied with Administration, Offic Classrooms, Storage and Thrift Store. 10 1 Approx. acreage: 1.425 Is property in a platted subdivision? No Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: 11 I Thrift Store as part of educational facilities 12 Is a pending sale of the property subject to this application being granted? No Describe uses on adjoining property to the North: 13 North: Business Office East: Drug Store + Residence Church Fulford Appraisal, Wright Dental South: West: Office Harvin Law Office and Vacz 14 Existing zoning: Cp0 Future Land Use classification P U E 15 Request is for: ( X ) Rezone ( X ) Special Exception (_) Variance as applicab] 16 Parcel Identification Number- 3-15-37-35-0010-01070-0070 - f - .. Applicant's statement of interest in property 17 99— year lease dated July 23, 1992 .it Hous . Revised 7/08 Page 1 of 10 Non-refundable applicati re: Rezoning $500; Special Exception: ; Variance: $250; all plus $30/acre previously paid 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — 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. 19 Last recorded warranty deed previously provided 20 Notarized letter of consent form property owner (if applicant is different from property owner) previously provided Three property surveys (one no larger than 11" x 17") containing: previously provide 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's Office (attached) previously provided 23 Affidavit attesting to completeness and correctness of the list (attached) previously provided 23 Current zoning classification: c PO Requested zoning classification P u g What is the desired permitted use and intended nature of activities and development of the 24 property? To continue existing teaching facility for disabled citizens by allowing use of a Thrift Store as a teaching and education program. Is a Special Exception necessary for your intended use? 25 We do not believe so 26 I Is a Variance necessary for your intended use? i We do not believe so Applicant's materials addressing required findings for granting a rezoning (attach). 27 28 29 30 Describe the Special Exception sought: Identical to all previous uses, i. e . , operation of administrative offices, classroom facilities to assist in training, education and gainful employment of persons with disabilities, including nursery and retaiL tr Are there similar uses in the area? If so, describe them: only to the extent of "on the job"training by local businesses for new employees One Stop Career Center is a few blocks away. If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: Providing an educational and job training progra to persons with disabilities. Revised 1/08 Page 2 of 10 31 I Applicant's materials addre& standards for granting a special except*ttach) 32 I Applicant's materials addressing findings required for granting a special exception (attach) Describe the Special Exception sought: Continued use of the property for the public purpose of conducting training and educational programs for 33 persons with disabilities. Describe the physical characteristics of the property that make the variance necessary. 34 1 None known Did you cause or contribute to the characteristic necessitating the variance? If so, describe: 35 1 No What is the minimum variance necessary? 36 Allow continued use for public purpose of providing training and educational programs for persons with disabilities 37 I Applicant's materials addressing standards for granting a variance (attach) 38 I Applicant's materials addressing findings required for granting a variance (attach) 139 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 resulting the summary denial of this application. Signature Printed Name �d Date Revised 7108 Page 3 of 10 FINr`1NGS REQUIRED FOR GRANTING A P=ZONING OR ANGE IN LAND DEVELOPMENT RE )LATIONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA 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 body 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. 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. Revised 7/08 Page 4 of 10 GAOkeechobee Planning Departm* 55 SE 3rd. Avenue; Okeechobee, FL 34974 Phone (941) 763-3373 Fax (941) 763-1686 LAND USE POWER OF ATTORNEY Tame ofFropeaty Owner(sj: �a"`ng Address: Home Telephone: Property Address: Parcel Twr ID Number. Tame of Applicant: Home Telephone: Okeechobee County c/o Cassels and McCall 400 NW.2nd Street, Okeechobee, FL 34972-4106 N/A Work Telephone. 863-763-3131 403 NW 2nd Street, Okeechobee, FL 34972 3-15-37-35-0010-01070-0070 Okeechobee'Rehabilitation Facility,.Inc N/A - Work Telephone: 863-763-2419 The Undersigned, being the record title owners) of the real property described above, do hereby grant unto the Applicant stated above the fall right an power of attorney to make application to the City of Okeecbobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exceptions or variances, and appeals of deeWons of the PlanningDepariment. It is understood that conditions, limitations Ejnd restrictions may be placed upon the use or operation of the property. Misstatments upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification_ This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department- 4 WITNESS WHEREOF THE UNDERSIGNED HAVE SET TM3R HANDS AND SEALS arm ?-"! DAY OF '2 �r.' 8s i Before me the undersigned authority personally afppearedthe owner(s) named above wA�abmand being duly swam acknowledged before me that they am the owner(q) of the real prop cCibethat they awcuted-the power ofattomey for the purpose stated therein. Swefff and snbsen'bed this day of 19 Notary Pabtic Commissi ues: SEAL NAME OWNADDRI ---------------------------------------------------------- BATTON ELBERT R 2201 SW 28TH STREET BRYANT JERALD D & CAROL H 1789 SW 12TH TERRACE • CBC MANAGEMENT INC PO BOX 2558 CHURCH OF OUR SAVIOUR EPISCOPA 200 NW 3RD ST CHURCH OF OUR SAVIOUR EPISCOPA 200 NW 3RD ST CONNER DEBORAH D 301 NW 5TH STREET FULFORD WAYNE H SR & FULFORD T 4600 SW 16TH STREET GJC PROPERTIES INC PO BOX 670 HAMRICK R E TRUST HARVIN WES SR & KAY, ETAL. JOY D WORLEY REVOCABLE TRUST K & V LAND COMPANY LAND TRUST NO. FOUR MONTESI CRAIG S & MARSHA E OKEECHOBEE COUNTY OKEECHOBEE COUNTY OKEECHOBEE COUNTY %GIL CULBRETH PO BOX 848 900 E OCEAN BLVD STE 210B 395 SW 28TH TERRACE 490 NE 138TH STREET 745 SE MONTEREY RD 405 N PARROTT AVE %CASSELS & MCCALL PATEL KIRAN I & KANCHAN K 507 N PARROTT AVENUE POWMESAMY RUKHOMANI D, ETAL. 5000 SW 70TH AVENUE WILLIAMSON CATTLE COMPANY PO BOX 248 WRIGHT CLYDE R & DEBORAH R 12950 NE 18TH AVENUE WRIGHT J NEAL & LINDA LEE 307 NW 5TH STREET WYATT FOREST & MATTIE 106 NW 5TH ST 23 records selected. OWNCITY OW OWNZIP -------------------- ----------- OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE STUART OKEECHOBEEE OKEECHOBEE STUART OKEECHOBEE OKEECHOBEE OKEECHOBEE DAVIE OKEECHOBEE OKEECHOBEE OKEECHOBEE OKEECHOBEE FL 349740000 FL 34974 FL 349732558 FL 349724125 FL 349724125 FL 349720000 FL 349740000 FL 349730670 FL 349730848 FL 34994 FL 34974 FL 34972 FL 349940000 FL 379720000 00000 00000 FL 349720000 FL 349720000 FL 33314 FL 349730248 FL 349725315 FL 349720000 FL 349722561 Okeechobee County Propert�Appraiser - Map Printed on 10/2/200819:03 AM 6. Page 1 of 1 Okeechobee County Property Appraiser W.0 "Bill" Sherman, CFA - Okeechobee, Florida - 863-763-4422 PARCEL: 3-15-37-35-0010-01070-0070 03 -COUNTY (008600) CITY OF OKEECHOBEE LOTS 7 TO 12 INC & S 47 FT OF LOTS 1 TO 6 INC & ALLEY LYING Name:OKEECHOBEE COUNTY LandVal $260,580.00 Site: 403 NW 2ND AVE, OKEECHOBEE BldgVal $167,152.00 Mail: ApprVal $427,732.00 , 00000 JustVal $427,732.00 Sales Assd $427,732.00 Info Exmpt $427,732.00 Taxable $0.00 160 320 460 ft This information, Last Updated: 9/1912008, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http://www.okeechobeepa.comIGISIPrint_Map.asp?pj boiibehhj'bnligcafccj fhoj iaehdomhlo... 10/2/2008 aooN 4.1 °ji C®U,NTY DEED Application No.. 193 Deed No.. 2o.G UNDER CHAPTER 194, FLORIDA STATUTES 1941 Okeechobee COUNTY, FLORIDA This deed made this. �a tkt. day of. al??'? 1 A. D. 194. 6. , by the County of Okeecho?-)ee State of Florida art of the first , as Truste party part and H, �. �ai.ilerson of the Okeechobee /r?e:norial Tiospital party of the second part, WITNESSETH. That the said party of the first part for and in consideration of the sum of is 5Q..QQ ) Fifty & no/100 — — — — ..Dollars to it in hand paid by the party of the second = part-, the receipt whereof is hereby acknowledged, has granted, bargained and sold unto the party of the � second part, his heirs and assigns forever, the following described land, to -wit: lying and being - in the County of Okeechobee, State of Florida: Lots 1 to 9 inc. and 11 and 12, Blk. 107, City of Okeechobee, / according to plat thereof filed and recorded in the office of the Clerk of the Circuit Court in and for Okeechobee County, State of Florida, ;DF,FICIAL SEAL/./" •" IN TESTIMONY WHEREOF, and by virtue of the authority vested by law in: the Board of County Commissioners, and for and on behalf of the County of. Okeechobee State of Florida, we, the under- signed, as members of the Board of County Commissioners for the County and State aforesaid have executed this deed and have there - unto set our official signatures and seals, attested by the Clerk of the Circuit Court for said County, this the. 6 th day of May ............ ... ... A. D. 94..,Q... ,%..... ! t a— � EAL Signed, sealed and delivered in the presence of: Member Boss county commissi0 e'rs z�D��y Member Boa • Comity Cgmmissioners ATTEST: Me i Board County Commi inners Clerk Circuit Court (SEAL) Mem Board County Commissioners Okeechobee ...... ...County, Florida. 1 ' J ?%/..(SEAL) Member oard County Commissioners - i .. 1�1! �'� 11 ..�i...�..i�...�����.'���. �d �i•x;i ���o:'\Ik _ �.� a'riilltll a4� ,I�.IMJYi.�/ f'k°'WY.i�� `-nttC!\tf •.,rcy,�. _ _...:CWa4litlYuL- ^xN� 0 4 F 'Aut * � COUNTY OF ---- Qke_echQb_eee_.--- DEED NO-23-aADD-J STATE OF FLORIDA THROUGH THE TRUSTEF,S OF THE INTERNAL IMPROVEMENT; FUND OF THE STATE OF FLORIDA, GRANTOR (1) TO H. H. Rftulerso.n as Trustee far-OkeQGhobee.Idemorial Hospital._ - 4 the City of Qkeechobee County of ._ Qk_ee-chobee_.__., State of Florida , GRANTEE It ITi`. EtiSETII : 1\ fIEREAZ�, in l,iuNuanee of provision,, of Section 9 of Chapter 13296, Laws of Florida, Acts of 1.937, title to the lands hereinafter described vested in the State of Florida, and the said State by said Section of said Chapter is authorized in([ empowered to sell said hauls through the Trustees of the Internal lnipro%ement Fund of the State of Florida; and f_') 1i pursuant to NOTICE cluiy given by said Trustees of the Internal ltnproveinenL Fund. the land 1'; !T11d ro by the Certificates hereinafter described Nvas offered for sale on the I b day of ApI'il_ , 194 6 , in tli­ C'ountv of Okeechobee , and bids vrere received, and the said Trustees ha\ ing accepted the highest mid , ,,r !)id t•,,r said land. and having awarded the sale of the said land to the person making such hid, said p� r=,u, heine rhr (;ItANTL+'E herein named, Therefore, i,',W% LI, "IL'N BY JHESE PRESENTS: That the State of Florida, through the Trustees of the Internal +em(liit FlUld of the State of Florida, under authority- of Section 9 of Chapter 18296. Lava of Florida, ar! „r 1;) ;i, for and in consideration of the amount of Ten ax)d No�10-0 - - - _ 1_u.7LLARS ( z ! () . 00 ) t, , them in hand paid, the receipt of which is hereby acknowledged, have granted, bargained •n,,l ;(1N, and hi- these presents do grant, bargain, sell and convev all of the right, title and interest of the ,,t: of .hlurid:,-. arising out of said Section 9 of Chapter 18296, unto the said GRANTEE,hi.Smm. successors 4:u:., ii, ;,u,l to the fodcm in described land, situate, lying and being in the County of_.Oke_eCho b.e.e, ot. Florida, as referred to, identified and described by State and County tat sale certificates to -wit - [)ah, DESCRIPTION Sec. Tp. Rg. Ac. Amount Rec'd Q 917 130 Lot 1.0, Block 107, City of Okeechobee 5.00 5936 1933 .?^; 19LO Lot�x T and 8, Block 124, City of Okeechobee 5.00 f101:) b )315 ; 0 71? (5) \S TO 1LL L.\NUS, tlicro i.� rc-;er�ed unto the State of Florida the title to all undivided one hall of all petro- leum ;uul [)Pt,roleuu, products, and title to an undivided three fourths of all other nimerak Much may be found „n a under the saul land, together with the privilege outside anv municipality, this (late, to explore for and to thine and develop same. Said privilege to explore, mice and develop is to be conducted un and under lands ini-6de an% municipality, this date, only with the consent of the surface owner (,U A._-, '1u .ALL. LANDS outside of any municipality, ns 1), this date there is reserved unto the State of Florida an easement for state road right of way, two hundred feet (200) feet wide, lying equally on each side of the center lino of anv state road existin.2: on the dateof this deed throu,eh so much of WIN -parcel herein described as Is w-itlhin one hundred (100) feet of said center line (7) T(-) HAVE AND TO HOLD the ahoN e, granted and described premises unto the .aid GRANTEE, and h1A-.-._. AXkX successors and assigns forever, all in pursuance of `section 9 of Chapter 18296 aforesaid (8) IN TESTIDIONY WHEREOF the said Trustees of the Internal Improvement Fund of the State of Florida have hereunto subscribed their names and attixed the official seal of said Trustees, and have caused the seal of the Department of Agriculture of the State of Florida to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the MAY 13 1,946 (SEzvL) STATE OLD FLORIDA BY: TRUSTEES INTERNAL IMPROVElIENT FUND (SEAL) DEPARTMENT OF AGRICULTURE r --- ---- ---- - -•-&OVERNOR (SEAL) ...COMPTROLLER (SEAL) /-4_ TREASURER (SEAL) �-Y---------- ---..ATTORNEY (SEAL) GENERAL ------ ----- ___-.__COMMISSIONER (SEAL) 1 OF AGRICULTURE �nmdComposing the TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OP" FLORIDA, BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT DEED No. Ill \-,, Ow fl[lu in IIIc Imid 1wivill'Itt"r 'Ic".61,rd hr''Imc III 011' 1, 1 I";, r h.q, 1,, 14,17 I'a", "r \l t, '11* IQ3 I a, rc-'nail' d 1), ­cti.,Il mp t'' Pill -.1 13 hapt"I a", �l H''Ild:', \ 1, ,1 111-11 , I'!" 1"t ; ...... 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Ild I c,I III i r I , I r " t II;I I' LI I I L I , It �idc ,I ill, c, n I, I it,, "I w \ c"I"ll tit, '111i (."-\% t , ,I &I, c I il.1 1 !1,1, W, II 1,1 11 t., he Il l.tl it, 'Ind c, It I If,- I d ,II Paid land I,\ "tid 11-11 d of LCt I \ L't 1 .1 i I I . I k Ill.rl111 ,It t 11 1 1 111 S , 1 1) " Ihr 11LI1ill':1 101 ('S;t ILI, :!nil tiIC L! X I: 111 Sk Q t*I.,'Ilt LIll 1 .1 1, c , Il,c k I i o.,, I, . I ILI I I I '111 N I I I I Ilk I 11k: 1 4 -k k ❑ I I % v 't 11 (1 lit 1, III s.11d Dt I i I, fli I a t I d \ N I I' \ \\ Ill' the It„a I d Ill k oil I fill, ,oncrT w I ;I( t , 11 1 1" 1), p'gllcd 111 11 s L"A oic I,, I I , I- hat I ill an, attctcd Ilk- its ticcl et'in wild ij o; 11", If, 10 r rl !111 111119 00 1 IL 11, .1 1 %11111 Itc:Ich, P:111m U(ach I, - !,Itt\ . Flot Ida, lilt, 'Jr A. D., Nilictccjl jImidmi and forty—six 1; 0A R D L) F C 1 1; S j 0 N 1; 1, u1 1, V 1, 1 1 DJ West DRAINV�_I: fli.q-�rmcr' 5Lcrctaiy 01airm.311 a. BOARD OF COMMISSIONERS OF EVERGLADES DRAINAGE DISTRICT DEED No..___54012r WH CRE:\5, the title to the laud hereinafter described became vested sin the grantor under and by virturc of Section 63, Chapter 147I7, Laws of Florida, Acts of 1931, as re-enacted by Section S, Chapter 2o058. Lacy, of Florida, Acts of 1941, or Section 15 (i), Chapter 20658, Laws of Florida, Acts of 1911, by %inure of taN ,ale certificates or ta.< liens for Everglades Drainage District taxes, as hereinafter described. and, %%IIERL AS, the pr„visions of Section 67, Chapter 14117, Laws of Flond,t, Acts of 1931, as amender! b> `;ectiou 11, Chapter 20658, Laws of Florida, Acts of 1941, with tefercnce to the manner of selling .aid laud, have been complied with, NOW, THEREFORE, KNOW ALL .MEN BY THESE PRLSENTS That the Board of cotnntis- sioiicrs of Lvcrglades Drainage District for and in consideration of the suet of cent-8 — -- -- — _— =- ---- -- -' to it illhau[1 paid, the receipt Whereof is Iscrebv acklIoWledged, has granted, bargained and sold, turd by these prescutn (locs grant, bargain, ell and conccy unto ___.- 1�•_ fta>.ale.�s�zn,--a__.T�,Lt�e__f_o_r__Clceec'zObe 1•-'eI O.&1 _Ht�3j;7ita�__ ------------ ------ ----- „f Cotutty, __-,--- tile following cfescrihcd land, situate, lying and being nt ------Oke_L'-C bLe_-- luumy, Florida, to-wit---- 619-1930 3062-1J41 1265-1d42 Lot 10, 141k. 107, City of Okeec_ oboe r� 631-1930 3151-1941 P1343-1942 Lots 7 and 8, Llk. 124, City of Okeechobee Subjwcl to ro.id sights of way and easement- existing on the (late of thi, [Iced, All l%dTX3I?foutstandin valid taxes. Smbjcct ti, I'iffyll7RJd17'.1j�t9C1�1SIXI�CL�C4aYi:XJfi;T[s�C��t$s`CIGt1C%L�."'C:irJCYX 1'C) HAVE \.,D TO rIOLD the above grautcd and described prcnuse: unto tits said gr,nntee and hi; heirs, successors and assigns forever. The following reservations shall not apply if the property hereinabove dcsciihcd is ill area one acre or less The grantor cows not sell and couvev but hereby expressly reserves for itself, its succc>sors and as:ig ns, fifty percent of all of the oil, gas and other minerals and mineral rights. Whether metallic or nonutetallic, Which it Crow own., in, ou amd under the surface of the lauds eescribed herein, With the perpetual right of ingress and egress to and front said laud for the purpose of drilling, exploring and mitring and in CFCIV teas opcialing for ;.uch minerals and removing the same. Saving and reserving unto the said Board of (ommissioncrs of FN-elgladc., 1.)raiiw":C histl icl, and its successors, the right at aiw time to enter upon the said !surds and nlal a or c;ni,e to be ivadw, or consti ticted !hereon, Such canals, sluice -ways, (likes ;and other works as shay in the judgment of ;aid Boaid, or its sucec,- sors, be necessary and uecd(ul for the drainage or reclamation of MIN' of the land; in the htwrgladcs Drainage District, and to take from the said lands hereby conveyed and to use such gravel, shore or ecnth sz naav in lice judgment of the Board, or its successors, be necessary to Ilse ill the staking and conaruclion of s;tid eauals, cats, sluice -ways, (likes and otlier works upuu said 1au[Is for the purposes aforesaid. •\nil further saving and reserving unto the said Board, and its successors, the light to the exclusive possession, occupation, use and enjoynncnt of a strip of laud running across the above dcscrihcd premises, one I unched thirty feet (130') on each side of the (cuter line of any e:unal, cut, sluice -way or dike that has been or may be made and constructed oil said land by said Board of Commissioners of Everglades Drainage I)istrict, or its successors, for the purposes aforesaid, and the exclusive right to take, use, disisose ;aid enjoy ally timber, earth, stone, rock or gravel lying in and upon said strip of land, IN WITNESS WHEREOF, the Board of Commissioners of Lverglades Drainage District has caused these presents to be signed in its tianne by its Chairman, attested by its Secretary, and its corporate seal to be hereunto affixed, at West .Palm Beach, Palm Beach Couulyt Florida, this ------- 2nd _day +�' p"•''�-'` ---- --------------, A. I , Nineteen Hundred and--..---__-- forty-six _-- • BOARD OF C -IISSIONERS OF EVERGLADES D AIN GE DISTRICT, f / ye_ _t� i% F �Cy,.•' `� _`` ' Secretar B -------------------- -------------- C ChairtItar, ----- 0 0 BOUNDARY SURVEY PREPARED FOR ARC/OKEECHOBEE REHABILITATION FACILITY, INC. LOTS 7 TO 12 MURK AAV 7HE .SO1l7H 47 FEET CF L07S 1 TO 8, A4K LmK PLUS 771E ALLEY WAY LYING WV#N HE BLOCK, BLOCK 107 CITY OF aMDiOBEE AXaWhW r0 THE PLAT 7HEREaF RECDIRaEv AV PLAT BOW A PAGE 4 OF THE PUBLIC RECORDS OF AK£EONABF.E COUNTY, FLa71DA. 1) LW.M WONN 07HERNIS& ALL D4 DMOlNS ARE CALCULAW(C) AND AtE420a D(M). 2) WE AD&WM&% 4a3 M W 2A9) A VENUE 3) PARCQ & 3-15-37-35-610O-0107O-007a 4) m 3URMEY Is NOT kwoADED 70 DEPICT G/d(mcnavAL AREAS aP oTNER ARMS aF' LOCAL Cavesm 5) F.LR.AL 2a0 Zaw L#AWZI N UEA PARCa LIES W7liW 7w aKE -amEE pry Lmom B) BMW a4SE V E CEN7ERUW CIF N.W 2W AWDW E AS WOV TO BEAR SOU7H wv .yl Imo% 7) 7W DE.sQI06P7M SW W HERE'al WAS PROBED BY aJENr aR a.AFJ m AawEsE NTAnm 8) v E siewy DEP/C7m hiew IS NOT COwmw BY PRQFEwaVAL u4sw/rr AV57 uim ADQFAaUs OR DIELEMW 70 "IEY AUPs aP R02CRTS BY 071#R THAN 71AE PARTY a7 PARm LS PRaw7ED N wour MIBFTIDV CQNSENr aF 7w .S/G71 m PARTY aR PARAES 9) DATE a- LAST FiaD 57/Rx iollilb8 F.F.E- FAU5N FLOW ELEVAIXW TRA.DEWINDS SURVEYORS & MAPPERS, INC. PREPARED FOR THE EXCLUSIVE USE OF: 200 S.W. 3rd Avm" ub Okeechobee.7 L SW4 A ARC/OKEECHOBEE REHABIUTAIION FACIUTY, INC. ft= (am) 769--4w -- r rle*r tl,Y� I I I BLOCK 92 I pawrrwaW na�oN i _ N. W 57H STREET a rma• x madtr(ei sadup) I 6 i t i w,.er..b ti,a w N.W. 4771 STREET I Mraw•■ " . AW" imam jam" � L—TBLOCK 124 I I I I I I I I I i 1 `...,a. — O rwwn*wur� ` axsovntw nxxc nt7r sjn x n ar 1. .ram= P� r*md. 6r dabr maum ofeaMi¢ w rdrkaos d1ba" oftWd. o—S tt xer, Rod wd Cep "KM is 4a2o' .-Fauna CY BOUNDARY SURVEY 10/14/09 244/11-12 %C KAC ,Ire�r al0♦ xrkrlrW by1a* wryer. FFound kon Rod (end Cap) a -Pound Pip* (one Cop) 1 Ne v+�' > BmRY i tivri� M�u*r�lY dar* det 4�a�Y Iwnd AaaRE1fA710Nwk �y� carv.w* T[ t �., `,r.e ryas ,+x. t�••e 1 � N*t dared iM dvwW. aM *maarC *d d p1,rlad xa...d .Rnyr ad nrgrpr Mn7a IL1M* an a mnra.re o-o.* a-o+,. � . - - - . l R. etr+evt —6. to dgawd x�rernwb -W*m—d—te tv ae� e. pert a,r wy 7. Td,: r, w va0eM a eem(Chp dtlr r 04— t* k ke Mdsdr *d& vhW by W. Rar1a* ar..... ups r �ro-r.w, > o.w. ra w., r r+ww w..s yryt 1' �• aaxax dax�re Bead d 9rwys. and * (0�4 a1017-q FAG) pv —t b &.6. 4"427. Flerlde DECEMBER 18, 2008 PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS- PAGE 2 OF 5 V. CONSIDER PETITIONS AND APPLICATIONS. A. B. Application No. 08-007-SSA submitted by Muhammad Nooruddin. Hear from Planning Staff to change land use from MF to C for property located at 104 & 111 NE 11' Street. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair 5. Board Discussion. 6. Consider motion and vote. Petition No. 08-008-R submitted by Colin Cameron, Esq P.A. Hear from Planning Staff to change zoning designation from CPO to PUB for property located at 403 NW 2nd Avenue. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. Mr. Brisson presented the application and the Staff recommendation of approval stating the property is consistent with the Comprehensive Plan Use Categories and Plan Policies. Muhammad Nooruddin addressed the Board stating the property will be used for an office. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing Survey needs to be updated to show correct surrounding property uses. 49 Member Burroughs moved to find Application No. 08-007-SSA consistent with the Comprehensive Plan and recommend approval to City Council to change land use from MF to C for property located at 104 & 111 NE 11m Street; seconded by Member O'Connor. VOTE MAXWELL-YEA HOOVER -YEA TORRES-YEA MCCOY-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MOTION CARRIED. Application No. 08-009-R final hearing will be January 6, 2009before City Council. Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consistent with the Comprehensive Plan Use Categories and Plan Policies. Attorney Jeff Fadley appeared forAttomey Cameron and reviewed the highlights of the petition, stating long time use of th property. ip Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing. DECEMBER 18, 2008 PLANNING BOARDBOARD OF ADJUSTMENT AND APPEALs - PAGE 3 OF 5 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 5. Petition No. 08-008-R-continued. Board Discussion. 6. Consider motion and vote. None Member Burroughs moved to find Application No. 08-008-R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from CPO to PUB; seconded by Member McCoy. VOTE MAXWELL-YEA HOOVER -NAY TORRES-YEA MCCOY-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MOTION CARRIED Petition No. 08-008-R final hearing will be January 20, 2009 before City Council. C. Petition No. 08-011-R submitted by Muhammad Nooruddin. 1. Hear from Planning Staff to change zoning designation from Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consistent RMF to CHV for property located at 104 & 111 NE 111 Street. with the Comprehensive Plan Use Categories and Plan Policies. Staff Report was based on incorrect requested zoning. 2. Hear from the Property Owner or designee/agent. Muhammad Nooruddin addressed the Board stating CPO is the zoning being requested for the property. 3. Open Public Hearing for public comment - Chair. Chair Maxwell opened the Public Hearing for comments. No comments. 4. Close Public Hearing - Chair. Chair Maxwell closed the Public Hearing. 5. Board Discussion. None. 6. Consider motion and vote. Member O'Connor moved to find Application No.1-11 consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from H and RMF to CPO; seconded by Member Hoover. Note: This Petition is associated with Application No. 08-007-SSA. VOTE MAXWELL-YEA HOOVER -YEA TORRES-YEA MCCOY-YEA BURROUGHS-YEA MORGAN-YEA O'CONNOR-YEA MOTION CARRIED. Application No. 08-010-11 final hearing will be January 20, 2009 before City Council. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Applicant.• ARC of Okeechobee Petition No. 08-008 R From: CPO To: PUB Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.- 08-008-R General Information I Applicant: Applicant Address Contact Phone Number: Contact Person: Future Land Use Map Classification Zoning District Use of Property Acreage Public The ARC of Okeechobee c/o 200 NE 2nd Avenue Okeechobee, FL 34972 863-763-8600 Colin M. Cameron, Esq. Existing CPO Rehab. Center with ancillary training activities (lapsed?) 1.425 acres Location: 403 NW 2"d Avenue Legal Description: Proposed Public PUB Rehab. Center with ancillary training activities 1.425 acres CITY OF OKEECHOBEE LOTS 7 TO 12 INC & S 47 FT OF LOTS 1 TO 6 INC & ALLEY LYING IN SAID BLOCK 107 I Description of the Request The matter before the Local Planning Agency and City Council is an application for an amendment to rezone the property from CPO to PUB to reinstitute a nonprofit rehabilitation and educational training facility with administrative offices, classrooms, storage, thrift store, and possibly outside activities such as employment training in gardening and nursery skills The property is owned by Okeechobee County and leased to the ARC of Okeechobee. (ARC stands for Association of Retarded Citizens) These activities had been undertaken in the past under the current CPO zoning, which is inconsistent with the current Future Land Use Designation of Public. Since these would have been considered nonconforming uses in the CPO district, the Applicant is seeking to rezone the property to PUB to accommodate what is commonly considered a public or semi-public type of use Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R Adjacent Future Land Use Map Classifications and Zoning Districts North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use: West: Future Land Use Map Classification: Zoning District: Existing Land Use: Analysis: Public GPO Vacant Commercial CHV Office and drugstore Commercial CPO Church Single -Family CPO Office and single-family Section 70-340 sets forth the following criteria to be considered in acting upon a petition to rezone property. The Applicant has not submitted any statements addressing these criteria. Following are Staff comments 1. The proposed use is not contrary to Comprehensive Plan requirements. By rezoning to PUB, the zoning of the subject property will be consistent with the Future Land Use designation applied to the property 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. The Applicant has indicated that the uses to be associated with the property will be the same as previously undertaken, including the operation of administrative offices, classrooms for education of handicapped and disadvantaged persons, including training in nursery and retail operations such as growing and selling plants tended by the handicapped and disadvantaged persons, the making of and sale of crafts by handicapped and disadvantaged persons and retail sales of donated items The principal purpose of the facility is to provide education in basic life skills and job training for persons with disabilities Since the property is owned by the County and leased to a nonprofit entity providing what is generally considered a public service, the Staff is of the opinion that the uses proposed qualify as being allowable in the PUB district. It is not uncommon for charitable organizations to be permitted 2 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.- 08-008-R to located in public land use and zoning districts and undertake a variety of activities, including thrift stores and other ancillary commercial type activities which provide both income to the facility and job skills training for its clients 3. The proposed use will not have an adverse effect on the public interest. Neither the uses proposed by the Applicant nor other uses allowed in the PUB zoning district are expected to have no adverse effect on the public interest. 4 The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The requested PUB zoning and the uses proposed are reasonably compatible with the commercial and public zoning and commercial uses to the east and west and church to the south. The activities to be undertaken are to be essentially the same as had been undertaken in the past. 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. PUB zoning at this location is not expected to adversely affect property values or living conditions. While there is one single-family home to the northwest across NW 3rd Avenue, all other uses in the immediate area are nonresidential in nature 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. Staff believes nearby properties can be adequately buffered, if necessary, from any nuisance factors that may be associated with the uses proposed to be undertaken. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density will not be an issue for the subject property. The impact on utility services such as water and sewer were not shown by the applicant, but are not expected to vary significantly from that which might be associated with a use allowed in the CPO district if the Future Land Use designation were changed to Commercial. Similarly, traffic impacts associated with the proposed use under the CPO zoning are not expected to have any significant impact on the area. Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Given sound drainage and stormwater management one would not expect flooding or drainage problems. It appears that the Applicant will need to provide appropriate off-street parking on the site, and this may require some on -site drainage improvements as well. 9 The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions on the property are those which are the standards prescribed by the Land Development Code and the Comprehensive Plan Recommendation: Based on the foregoing analysis, Staff recommends approval of the request to rezone the property from CPO to PUB. Submitted by: James G. LaRue, AICP December 9, 2008 Planning Board hearing: December 18, 2008 Council Hearing: January 6, 2009 Attachments: Future Land Use Map Zoning Map County Property Appraiser's Aerial 11 0 Staff Report Rezoning Request Applicant: ARC of Okeechobee Petition No.: 08-008-R FUTURE LAND USE ARC OF OKEECHOBEE SITE AND EITVIRONS SINGLE - FAMILY MULTI — FA44ILY 100 01200 Feet COM MERC Ks. —11m PUBLIC RAZJLI�IES 5 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R ZONING ARC OF OKEECHOBEE SITE AND ENIARONS Fu 0 Staff Report Applicant: ARC of Okeechobee Rezoning Request Petition No.: 08-008-R a 7 • :7 JAN 67" - FIRST REAV - EXHIBIT NO. JAN 20T" - FINAL -EXHIBIT NO. ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY (RMF) TO COMMERCIAL PROFESSIONAL OFFICE (CPO) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, Muhammad Nooruddin, on behalf of property owner(s) A.M.S.A. LLC, of the property more particularly described hereafter, has heretofore filed Petition No. 08- 011-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.488 acre(s) from Residential Multiple Family (RMF) to Commercial Professional Office (CPO) Zoning Distract and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning petition; and WHEREAS, said petition(s) being reviewed by the City's Planning Board at a duly advertised meeting held on December 18, 2008, and submitted by staff report, which determined such petition(s) to be consistent with the Comprehensive Plan and is appropriate with the zoning uses within the City; and WHEREAS, the City Council has agreed with the recommendation of the Planning Board and hereby finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth; NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 17 THROUGH 19, BLOCK 18, CITY OF OKEECHOBEE SUBDIVISION, OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF THE 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 (0.488 acres) zoning classification to be changed from Residential Multiple Family (RMF) Zoning District to Commercial Professional Office (CPO) Zoning District. Ordinance No. 1040 Page 1 of 2 SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading public hearing on this 61h day of Januarv, 2009. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 201h day of Januarv, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1040 Page 2 of 2 'rty of Okeechobee ,eneral Services Department 55 S.E. 3' Avenue, Room 101 Okeechobee, Florida 39974-2903 Phone: (863) 763-3372, ext. 218 631761-16R6 11 2 13 14 4a 5 6 17 18 9 Date: I ' Fee Paid: ` . OZ IS` Hearing: Publication Dates. Notices Mailed: Name of property owner(s): t t 6vw ",-, Owner mailing address: () 62�v y 1,f Name of applicant(s) if other than owner Applicant mailing address: e-mail address: lvook," 1J1�/�✓ cJ C Name of contact person (state relationship): Contact person daytime phone(s): 763 ` -T) 3 Ce-ey Petition No. _�lJ'� ✓„t isdiction: Hearing: Property address/directions to property: /// Aj Describe current use of property: Na(, Describe improvements on property (number/type buildings, dwelling units, occupied or vacant, etc. 5 . / 5 m ��r�l -41 (number/type, r_ lv P Lv4 4 U 10 I Approx. acreage: 0 . IyEg Is property in a platted subdivision? ou)c­` Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: IV 0 11 12 I Is a pending sale of the property subject to this application being granted? Ivp Describe uses on adjoining roperty to the North: m 13 North: utt - FAM i-�( , 7 "' East: South: C' V V � �47 West: et} V 14 I Existing zoning: MUI V. Pn"114 Future Land Use classification 64- 15 I Request is for: (✓) Rezone (_) Special Exception (_) Variance 16 I Parcel Identification Number: 3 S- 37- 3 5 - va /a - PO I yo - 01 0 0 1 a/ Q I. AT I17 Applicant's statement of interest in property F {{I M3� Revised 7/08 Page 1 of 10 18 19 20 21 22 r23 Non-refundable applicatic e: Rezoning $500; Special Exception: $. Variance: $250; all plus $30/acre Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — 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. Last recorded warranty deed Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than 11" x 17") containing: a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description 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 the Information Request Form from the Okeechobee Property Appraiser's Office (attached) Affidavit attesting to completeness and correctness of the list (attached) 23 Current zoning classification: KM f- Requested zoning classification 0 (b What is the desired permitted use and intended nature of activities and development of the property? �O r / j &.aAV-&2T Y e £x is g 24 Is a Special Exception necessary for your intended use? 25 26 Is a Variance necessary for your intended use? OJ4 . Applicant's materials addressing required findings for granting a rezoning (attach). 27 Describe the Special Exception sought: 28 Are there similar uses in the area? If so, describe them: 29 If a business , briefly describe the nature of the business, # of employees, hours of operation and any activities to be conducted outside of a building: 30 Revised 7/08 Page 2 of 10 NOV-03-2008(MON) 12:25 NEW RMERICRN PT (FRX)18637636619 P-001/002 37, Applicant's materials addressing standards for granting a spacial exception (attach) 32 Applicant's materials addressing findings required for granting a special exception (attach) .A)/A 33 Describe the Special Exception sought: Describe the physical characteristics of the property that wake the variance Did you cruse or contribute to the characteristic neceasitadog variance? If so, desen'bm 35 What is the tnini%num variance necessary? 36 37 Applicant's materials addressing p6alards for granting a variance (attach) 38 Applicant's matc dals addressinifunUngs required for granting a variance (attach) 39� I hereby certify that the information in this application is correct. The information included J 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 r suiting the summary denial of this applicatiom Signs Printed Nano Date / IL Mt�Q�I'>7n)ao� ll1.o�2utf�i� „�� Revised WDS PMe 3 of 10 100-d 9091 ESL E9O MA) egQ0438axe jo r►g13 11:21 (NOW)8002-EO-AON inn',l 8ag043aaMn f0 ngll 22:21 (NOW)8002-EC-AGN awlj/a4e0 XM 10/31/0g To whom it may concern: I am Pleb to convert the exist, Commercial to shift mY ]3,g1 g Property See Office only. ake home Health services aof Application face. Not a Public zotted llTulti-family to If you have Place. It will be used just for any question, .please call me at 863-763-7773 Sincerely Mammad Nooruddin ,i.5'��5 0 • Parcel ID Number. 3-15-37-35-0010-00180,0170 ' Pnqned by end return to: PHYWS WALKER Okec-Taade Title Company, brc. 105 NW 6t► Screec OLowbobee. Florida 34972 FILE NO.29330 arranty Deed 0 Indertbue, Executed this August 30, 2007 A.D. Between NALD W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, w ess is 867 CLIFF TOP ROAD, BLAINE. TN 37109, hereinafter called the grantor, to A.M.S. OLDINGS, LLC, A FLORIDA MUTED LIABILITY, AND ARIF SHAKOOR, whose ts is: P.O. BOX 448, OKEECHOBEE, FLORIDA 34973. hereinafter called the grantee: the"gnutt"and "all the parries to U16 instrumentend the heir,legal Miumcmadws and saigns or the suaessors and msigra of corporations) FILE HUM 2007012092- OR BK 00638 PG 0879 SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FL RECORDED 09/04/2007 04:34:24 Ph RECORDING FEES 18.50 DEED DOC 1r015.00 RECORDED BY N Arnold P9s 0879 - 8801 (2P95) Wttn that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations me whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirm unto the grantee, all tha land situate in Okeechobee County, Florida, viz: Legal Description as�} "A" Parcel ID NIlmbeR3d�a0:Zr35-0010-00180-0170 Subject to cmrenar&%rt6~, east rnents of record and taxes for the current year. Together with all the tI;= aments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hosimple forever. And the grantor herebsaid grantee that the grantor is lawRrlly seized of said land in fee simple; that the grantor has good right and lawful authority to a convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims its whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2007. _ In Witness Whereof, the said Signed, sealed and delivered itr ourpresen V //may vrtaess Ikintcd Name � "-�� �r� ,S witness Printed Name and seated these presents the day and year fast above written (Seal) DONALD W. ILGEN Address: 867 CLIFF TOP ROAD, BLAINE, TN 37709 — — (Seat) MARY A�I.G I Addrns: 867 CLIFF P , BL TN 37709 State ofTENNESSEE County of —ten0-1. The foregoing instry nt was acknowledged before me this August 30, 2001. by DONALD W. ILGEN and MARY A. ILGEN, HUSBAND and WIFE, who islare personally (mown to me or who has produced a drivers license as identification ... %' J�/� PantNaPublic ubueC a-1,o�yN �ho/�a.5 ' •S ATE MY COMMISSION EXPIRES FEB. 4, 20OB My Commiulae &plres TEN MARY t %''•:PUBLIC Cr Book638/Page879 CFN#2007012092 Page 1 of 2 Exhibit "A" LOTS 17, 18 AND 19, BLOCK 18, OKEECHOBEE. ACCORDING TO THE PLAT TEEREOF RECORDED W PLAT BOOK 7, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, A COPY OF SAID LAT BEING ALSO RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF I MOBEE COUNTY, FLORIDA. o O� �,S) 0 0 File Number. 29330 tad Duat" wkk Hoe Hommad Gluey CW= Book638/Page880 CFN#2007012092 Page 2 of 2 NOV-03-2008(MON) 12:25 NEW AMERICAN PT • (FAX)18637636619 0 Petition No. Qa-.Q_1 1— P 0021002 Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners 1 hereby certify underthe penalty of law orthe revocation of the requested approval soughtthat 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 condguous 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 , and the assertions made to me by members of that Office that the information reviewed constiftes the most recent Information available to that office. 1 therefore attest to this day of Signature of Applicant " Name of Applicant (printed or typed) State of Florida County of Okeechobee Swom to andwbscribed before me this day of to me i/ or produced �tary P to of Florida Ravimd 7109 1r/5/a Date ��, Personally known as identification and did not take an oath. Seal: BETTYJ. CLEMENT ' MY COMMISSION # DD 393559 EXPIRES: February 7, 2009 80ntled Thru Notary PUboc Undenvrders P %*Bono 200'd 9991 E9L E OMA) 200 'd aagog7aa40 10 A413 aaQO43aaXD P 11313 t1:21 (NO08002-EO-AON 22:21 (NOW)8002-EO-AON aW�1/a4e0 xa NAME ------------------------------ OWNADDRI ------------------------------ OWNCITY -------------------- OW -- OWNZIP --------- A M S A HOLDINGS LLC & SHAKOOR PO BOX 448 OKEECHOBEE FL 349730448 A M S A HOLDINGS LLC & SHAKOOR PO BOX 448 OKEECHOBEE FL 349730448 ARAGON CANDIDO P & GLORIA 1796 SE 6TH LANE OKEECHOBEE FL 349744755 ARNOLD MICHAEL R P 0 BOX 203 OKEECHOBEE FL 349730203 BEVIS TRAVIS M & BEVIS MICHAEL 102 NW 10TH STREET OKEECHOBEE FL 34972 BROWNING WALTER R & DONNA L 10104 S DUNSIN AVE DR S JORDAN UT 840950000 CBC MANAGEMENT CORPORATION P 0 BOX 2558 OKEECHOBEE FL 34973 FAMILY HERITAGE HOLDINGS LLC 205 NE 2ND STREET OKEECHOBEE FL 34972 FLORIDA COMMUNITY HEALTH CENTE 4450 S TIFFANY DRIVE WEST PALM BEACH FL 334070000 GAGBEE INC 12575 HWY 70 EAST OKEECHOBEE FL 34972 GARAFOLA DEAN 1233 SW 4TH TERRACE POMPANO BEACH FL 33060 GOODELL RICHARD C & MILRITA A 244 QUAIL RIDGE TRAIL FRANKLIN NC 287340000 HUSAIN MUZAFFAR TRUSTEE 12138 DIEDRA CT ORLANDO FL 32825 HUSAIN SURAIYA TRUSTEE 12138 DIEDRA CT ORLANDO FL 32825 JUAREZ EPIFANIO F 2925 SE 26TH STREET OKEECHOBEE FL 349740000 JUAREZ EPIFANIO F 2925 SE 26TH STREET OKEECHOBEE FL 349740000 JUAREZ EPIFANIO F 2925 SE 26TH STREET OKEECHOBEE FL 349740000 NICHOLS KENNETH R & BARBARA J 114 NE 11TH STREET OKEECHOBEE FL 349722143 NOORUDDIN MUHAMMAD & SHAHNAZ 7993 STEEPLE CHASE COURT PORT ST LUCIE FL 34986 NOORUDDIN MUHAMMAD & SHAHNAZ 7993 STEEPLE CHASE COURT PORT ST LUCIE FL 34986 NOORUDDIN MUHAMMAD S & SHAHNAZ 1065 SE 23RD STREET OKEECHOBEE FL 34974 NOORUDDIN MUHAMMAD S & SHAHNAZ 1065 SE 23RD STREET OKEECHOBEE FL 34974 NORTH AMERICAN ISLAMIC TRUST) 10900 W WASHINGTON STREET INDIANAPOLIS IN 462312047 PATEL BAKUL K & HINA R 5903 NW FAVIAN AVENUE PORT ST LUCIE FL 34986 REDICKER JACKIE & MELINDA 201 NE LOTH STREET OKEECHOBEE FL 349720000 REDIKER JACKY A & 109 NE 10TH STREET OKEECHOBEE FL 349722105 SURFACE RICK J PO BOX 3322 FORT PIERCE FL 34948 SURFACE RICK J 1108 S 8TH STREET FT PIERCE FL 34950 VIPRA LLC 11168 LANDS END CHASE PORT ST LUCIE FL 34986 29 records selected. FINQWS REQUIRED FOR GRANTING A q&ONING OR OWNGE IN LAND DEVELOPMENT RE TIONS (Sec. 70-340, page CD70:16 in the LDRs) It is the Applicant's responsibility to convince the Planning Board/BOA 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 body 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. 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. Revised 7/08 Page 4 of 10 DESCRIPTION: LOTS 17, 18 & 19 OF BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE OF OKEECHOBEE COUNTY, FLORIDA ADDRESS: 104 NW 11 th STREET F.I.R.M. ZONE: PARCEL LIES WITHIN THE CITY LIMITS OF OKEECHOBEE FLOOD ZONES HAVE NOT BEEN DETERMINED IN THIS AREA LOT 13 I a LOT 14 It2 I' I I LOT 15 1 LOT 16 E/P E/P 15, 4 LOT 10 LOT 9 LOT 8 47.W PLAT 47.5' PUT 47.5' PLAT OHW 15' ALLEYWAY N 89'57'23" W 142.59' IRC (HOOVE12) F'ND IRC (TWPS)' r D IRC (TV*S) 47.5' PUT 47.5' PLAT 47.5 PLAT 4' CHAINLINK FENCE LOT 18 1 LOT 19 1 BL0 K 18 TYPICAL WOOD OWER POLE LOT 17 22.s' ll I 150.2' CONCREW 50.5' RESIT ENCE I b 1 9 FND IRC (TWPS) 47.5' PLAT 4.7 n' PI AT FNQ, IRC (TWPS) , IRC (HOOVER) N89'58'12"W 142.59' E/P E/P F 0 tl !n a GONG DRIVEWAY d ly 47.5' PUT FND DRILL HOLE (:III VFRT 0 1 inch = 30 ft. Z GRAPHIC SCALE 3D 0 15 30 FND IRC (HOOVER) H, 0 0 o LOT 20 O MFENCE o.t'W rn CONC. ENCROACHES 5.1' CONC. ENCROACHES 4.3' UUNU. LNUNLIAUMtb 1.1 E/P E/P NE 11 th STREET 70' R/W d/3 E/P I d/3 d/3 d/3 d/3 E/P STANDARD NOTES: 1. No search of the pubic records for determination of ownership or restrictions affecting the lands shown was performed by the sur yor. 2. The survey depicted ere is prepared exclusively for those parties noted. 3. No responsibility or liability is assumed by the surveyor for use by others not specifically named. 4. Not valid without the signature and embossed seal of Florida licensed surveyor and mapper #4820. 5. There are no visible above ground encroachments except as shown. 6. No attempt was mada to locate underground improvements and/or encroachments (if any) as part of this survey. 7. This survey was prep red in accordance with minimum technical standards established by the Florida Board of Surveyors and Mappers (Chapter 61G17-6, F.A.C.) pursuant to Section 472.027, Florida Statutes. NOTES No search of the public records for determination of ownership or restrictions affecting the lands shown was performed by the surveyor. The survey depicted here is prep red exclusively for those parties noted and is not covered by professional liability insurance. No responsibility or liability is assumed ; by the surveyor for use by oth rs not specifically named. Not valid without the signature and embossed seal of a Florida licensed surveyor and mapper, PREPARED FOR THE EXCLUSI USE OF. DESCRIPTION DATE BY CK FAEED KAHN MUHAMMAD NORUDDIN OKEE—TAN71 TITLE INSURANCE COMPANY, INC. TICOR TITLE INSURANCE COMPANY BOUNDARY SURVEY 07-18-07 KB KB GULFSTREAM BUSINESS BANK FIRST AMERICAN TITLE & ANSURANCE COMPANY A.M.S.A. HOLDINGS LLC. UNITED GENERAL TITLE INSURANCE COMPANY DESCRIPTION REFERENCE: DRE� FB/PG: SEE FILE SCALE: BOUNDARY SURVEY BEARING REFERENCE: BREF I FILE: 13347-071807.DWG JOB NO: 13347 r, TRADE INDS LEGEND " O—Set Iron Rod and Cap PSM 0—Found CM pp � // *—Found Iron Rod (and Cap) O —Found Pipe (and Cap)e17I 000000 Certificate of uthorization No. LB 6719 ABBREVIATIONS Baseline; BM -Benchmark; (�7 Centerllne; C=Calculated; CATV=Cable TV; CMq 200SW 3rd AVENUE 7It—Property Concrete Monument; CONC-Concrete; D=Deed; O=Delta or Central Angle; E=East; E'LY-Easterly; E/P—Edge of Pavement; ESMT=Easement; F.I.R.M.=Flood Insurance Okeechobee, FL 34974 Rate Map; FND—Found; IP-Iron Pipe; IR&(C)=Iron Rod (and to Cop); L=(Arc) Length; M-Measured; MH=Manhole; N=North; N'LY-Northerly. NGV(D)—National Geodetic Tel: (863) 63-2887 Q Vertical (Datum) of 1929; NTS—Not to Scale; OHW—Overhead Wires; Line; P=Plat; PC=Point of Curvature; PCC=Point of Compound Curvature; PCP= A. 78t1eaux. Jr. Permanent Control Point; POS-Point of Beginning; POC—Point of Commencement; PRC-Polnt of Reverse Curvature; PRM-Permanent Reference Monument; PT -Point of Tangency- PU&D—Publlc Utllitiy and Drainage; R—Radius; R/W=Right—of—Way, S=South; S LY=Southerly, T=Tangen�t,�= • -TEL=Telephone Splice or Switch Box; W=West; y, UJ W'LY=Westerl TIL=UtIIIty(les); � SpotElevation based onindicatedDatu „ m: • • -t< +k.. D� - A V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. B. 5. Petition No. 08-008-R-continued. Board Discussion. 6. Consider motion and vote. C. Petition No. 08-011-R submitted by Muhammad Nooruddin. Hear from Planning Staff to change zoning designation from RMF to CHV for property located at 104 & 111 NE 11"' Street. 2. Hear from the Property Owner or designee/agent. 3. Open Public Hearing for public comment - Chair. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. Note: This Petition is associated with Application No. 08-007-SSA. INone DECEMBER 18, 2008 PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS -PAGE 3 OF 5 ACTION ;DISCUSSION -.VOTE Member Burroughs moved to find Application No. 08.008-R consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from CPO to PUB; seconded by Member McCoy. VOTE MAXWELL-YEA HOOVER -NAY TORRES-YEA MCCOY-YEA BURROUGHS - YEA MORGAN - YEA O'CONNOR - YEA MOTION CARRIED Petition No. 08.008-R final hearing will be January 20, 2009 before City Council. Mr. Brisson presented the petition and Staff recommendation of approval stating the requested zoning change is consistent with the Comprehensive Plan Use Categories and Plan Policies. Staff Report was based on incorrect requested zoning. Muhammad Nooruddin addressed the Board stating CPO is the zoning being requested for the property. Chair Maxwell opened the Public Hearing for comments. No comments. Chair Maxwell closed the Public Hearing. None. Member O'Connor moved to find Application No.1-11 consistent with the Comprehensive Plan and recommend approval to City Council to change zoning designation from H and RMF to CPO; seconded by Member Hoover. VOTE MAXWELL-YEA HOOVER -YEA TORRES-YEA MCCOY-YEA BURROUGHS - YEA MORGAN - YEA O'CONNOR - YEA MOTION CARRIED. • Application No. 08-010-R final hearing will be January 20, 2009 before City Council. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Slaff Report - Rezoning Request Prepared for: City of Okeechobee Applicant: Muhammad Nooruddin Petition No. 08-011 R From: RAIN To: CHV • Staff Report Rezoning Request General Information Owner/Applicant: Applicant Address: Applicant Phone Number: Applicant Fax Number - Applicant E-mail Applicant: Muhammad Nooruddin Petition No.: 08-011-R Muhammad Nooruddin PO Box 448 Okeechobee, FL 34972 863-763-7773 863-763-6619 Nooruddin64n,gmail.com Existing Proposed Future Land Use Map Residential Multi -Family Commercial Classification Zoning District RMF CHV Use of Property Single Family Professional Office Residence Acreage 0.488 acres 0.488 acres Location: 104 & 111 NE 11th Street Legal Description: LOTS 17, 18, AND 19, BLOCK 18 OF THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 1, PAGE 10 AND PLAT BOOK 5 PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The Applicant requests a zoning change from RMF (Residential Multiple Family) to CHV (Heavy Commercial) for three city lots comprising 0 488 acres of land on the north side of NE 11th Street between US 441 and NE 3rd Avenue to accommodate a home health care office • • Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R North: Future Land Use Map Classification: Commercial Zoning District: RIVII" Existing Land Use: Single family residence East: Future Land Use Map Classification: Multi -Family Zoning District: RMF Existing Land Use: Vacant South: Future Land Use Map Classification: Commercial Zoning District: RMF Existing Land Use: Single family residence West: Future Land Use Map Classification: Commercial Zoning District: Existing Land Use: CHV Commercial offices General Comments: A single-family residence is now located on the property. In July of 2007, the City approved an SSA changing the Future Land Use designation on this property from Commercial to Multi -Family Residential to allow for construction and operation of an Assisted Living Facility (ALF) The Applicant has subsequently determined that the property is not of sufficient size to accommodate the facility he originally envisioned, and now wishes to operate an office for his home health care service. The Applicant has stated that the property will be strictly an office use and health care services will not be provided on the site. This use requires Commercial future land use designation and commercial zoning. The owner has submitted an application for the required Small Scale Amendment (SSA) 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 not submitted any statements addressing these criteria. Following are the Staff comments: 9. The proposed use is not contrary to Comprehensive Plan requirements. The CHV zoning and proposed professional office use are consistent with the Commercial Future Land Use Category. Further, the proposed use and CHV zoning appear to be consistent with the general pattern and the limits of commercial expansion evident in the area east of US 441 northward from NE 9th Street. However, in order to provide for a well -planned mix of compatible land uses in the area, a less intensive commercial zoning may be more appropriate. 2 • 0 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Professional offices are allowed in the CHV as well as the CLT and CPO zoning districts. However, upon rezoning to CHV the Applicant will not be limited to office uses, but will retain the option of developing the property in any of the uses permitted within the CHV district. 3. The proposed use will not have an adverse effect on the public interest. Neither Commercial use in general, nor professional office use in particular on this site, is expected to have an adverse effect on the public interest. 4 The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The areas to the north, south and east of subject property are largely designated for residential uses. Properties to the immediate north and south are developed in either single-family or multi -family uses. The addition of a professional office use on the site is considered compatible with surrounding uses Expansion of commercial zoning two or three lots deep from US 441 is consistent with the general pattern and the limits of commercial expansion evident from NE 9th Street northward. However, since the Applicant intends to develop the property only for office use, and in light of the fact that, except for parcels fronting directly onto US 441, properties in the imme- diate are already developed residentially, a less intensive commercial district such as CLT or even CPO may be more appropriate than CHV. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Professional offices are considered to be compatible with multi -family and other residential uses and should not be a deterrent to improvement or development of adjacent properties. However, some of the more intensive uses allowed in the CHV District could adversely affect adjacent or nearby properties. • 0 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood An office can be suitably buffered from surrounding uses if necessary. However, it may be more difficult to protect adjacent residential properties from the impacts of other more intensive uses allowed in the CHV district. The details of necessary buffering will be addressed during the site plan review stage. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. Density is not an issue and the likely demands associated with commercial development of this site are not expected to overburden public facilities such as schools, streets, and utility services, particularly since up until July of 2007 this property was designated for Commercial use on the Future Land Use Map. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. No potential problems with regard to traffic congestion are foreseen and only stan- dard drainage improvements are expected to be necessary and which are not anticipated to create any flooding or drainage problems. Specific improvements will be reviewed and approved during site plan review. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use has not been inordinately burdened by unnecessary restrictions. Recommendation: I While commercial zoning is certainly appropriate for the property, given the existing residential development in the immediate area we recommend rezoning the property to either CLT or CPO rather than the requested CHV. Submitted by: James G. LaRue, AICP December 9, 2008 Planning Board hearing* December 18, 2008 City Council Hearing: January 6, 2008 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial 4 I Staff Report Rezoning Request 0_� Applicant: Muhammad Nooruddin Petition No.: 08-011-R FUTURE LAND USE NOORUDDIN SITE AND ENVIRONS 0 Nooruddin Site 0 SINGLE - FAMILY MULTI - FAMILY RESIDENTIAL MIXED USE COMMERCIAL INDUSTRIAL NMI PUBLIC FACILITIES 300 0 300 600 Feet 19 Staff Report Rezoning Request Applicant: Muhammad Nooruddin Petition No.: 08-011-R ZONING NOORUDDIN SITE AND ENVIRONS 6 2I fun acres[ � �— i IIE vih Guevi I Q Nooruddin Site H RSF1 RMH RSF2 RMF CPO CLT CBD ® CHV IND �r?PUB PUD-R PUD-M 300 0 300 600 Feet F-1 N. • Staff Report Rezoning Request Okeechobee County Property Appraiser's Aerial Applicant: Muhammad Nooruddin Petition No.: 08-011-R 7 JAN 6r" -FINAL REAMING -EXHIBIT NO. �- RESOLUTION NO. 09-01 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. WHEREAS, municipal government is the government closest to most citizens, with tremendous daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to, and understanding of, its many responsibilities, and city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida's citizenry receives public services from state, county, school district, and other government levels, educating Florida's citizens of all ages as to the structure and function of all the levels of government, and how to be wise consumers of such services is therefore critically important; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and all citizens about municipal government through a variety of different projects, resources and information; and WHEREAS, this initiative will make resources available to cities and their citizens to utilize in furthering their goals for civic education; 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. That the City of Okeechobee does hereby encourage all citizens, city government officials and employees to utilize the opportunities and resources available through this initiative. Section 2. That the City of Okeechobee does encourage educational partnerships between city government and schools, as well as civic groups and other organizations. Section 3. That the City of Okeechobee does support and encourage all city governments to actively promote the "Building Citizenship in the Community: Back to Basics: initiative. INTRODUCED AND ADOPTED in regular session this 61h day of January. 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution 09-01 Page 1 of 1 James E. Kirk, Mayor JAN 6T" - FINAL READING - EXHIBIT NO. 7 RESOLUTION NO. 09-02 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, IN SUPPORT OF THE HYDRAULIC AND APPLICABLE PHYSICAL RE- CONNECTION OF THE CENTRAL AND SOUTH FLORIDA FLOOD CONTROL PROJECT, AS REPRESENTED PRESENTLY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICTAND THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THROUGH A SERIES OF INTERCONNECTED RESERVOIRS, STORM WATER TREATMENT AREAS AND CANALS WITHIN THE FORT DRUM MARSH AREA. WHEREAS, the United States of America in partnership with the State of Florida passed Congressional legislation through the Flood Control Acts of 1948 and 1954, titled the Central and South Florida Flood Control Project and provided for the construction and operations and maintenance of the developed project through a partnership of the United States Army Corps of Engineers and an Agency of the State of Florida, the Central and South Florida Control District; and WHEREAS, in the 1970's, through the enactment of Chapter 373, the State of Florida, legislatively created the Five (5) Water Management Districts of the State of Florida, of which two of those legislatively created water management districts, are the South Florida Water Management District and the St. Johns River Water Management Districts; and WHEREAS, the South Florida Water Management District and the St. Johns River Water Management Districts were previously represented by one jurisdictional Agency of the State of Florida, the Central and South Florida Flood Control District headquartered in West Palm Beach, Palm Beach County, Florida; and WHEREAS, through this singular jurisdictional agency of the State of Florida, the Central and South Florida Flood Control District, as established by the United States of Congress, constructed, operated and maintained a regional surface water system consisting of a series of canals, levees, pump stations and other facilities throughout the State of Florida and specific to this resolution in Indian River and St. Lucie Counties, and WHEREAS, through this legislative creation of the Water Management Districts of the State of Florida, the surface water system of the Fort Drum Marsh are lying in western Indian River and St. Lucie and eastern Okeechobee Counties, which were previously connected, were now physically disconnected, and previous Flood Control Act Project designs and associated Stormwater routing were now hindered from functioning as an effective regional system, thus limiting the options available for more effective surface water management for the multi -faceted benefits of environmental water quality and discharges, water supply, ground water re -charge and flood control; and WHEREAS, in recognition of the potential benefits associated with this re -connection project, both the St. Johns River Water Management District and the South Florida Water Management District, contracted jointly for an Engineering Study to determine the feasibility and associated benefits with this re -connection project; and Resolution 09-02 Page 1 of 2 WHEREAS, the Engineer's Report on behalf of both the Water Management Districts concluded the proposed re -connection project and associated structural components would (1) be beneficial through the reduction of fresh water-storrriwater discharges into the Indian River Lagoon, a protected National estuary; (ii) Improve surface water storage and flood water routing; (iii) Create positive ground water re -charge; (iv) and provide a related decrease in ground water withdrawals; and WHEREAS, in consideration of the potential dynamics associated with climate changes in Florida as witnessed most recently by flooding associated with Tropical Storm Fay, and the multi -faceted benefits associated with improved surface water management through the construction and operations of a project as proposed. 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. That the City of Okeechobee supports the efforts of the St. Johns and South Florida Water Management Districts and other interested parties to move this regional water management project forward to a successful conclusion. Section 2. That the City of Okeechobee supports the physical re -connection of the St. Johns and South Florida Water Management Districts through the construction of a series of interconnected reservoirs, stormwater treatment areas, and canal systems within the Fort Drum Marsh Area to provide the multi -faceted benefits of improved water quality, water quality/flood control, reduced discharges into the Indian River Lagoon and improved regional ground water recharges. INTRODUCED AND ADOPTED in regular session this fi! day of January. 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution 09-02 Page 2 of 2 James E. Kirk, Mayor • LCIIIBIT 8 JAN 6, 2009 HOLMES CABINETS inc P.O. BOX 5 OKEECHOBEE, FL 34973 (863) 763-8466 Fax (863) 357-3876 December 29, 2008 City of Okeechobee 55 SE 'Third Ave Okeechobee, Fl 34974 Dear Council members: Due to the economic climate and its effect on our business we are currently not in a position to facilitate the expansion that was anticipated and as such, would like to exercise the option to convey one acre of the property to the City as described in the original purchase contract. We would though, like the option of having first refusal if above mentioned acre was to become for sale at a future date. Thank you, Mike and Linda Holmes Morgan - Phillips a� a� November 24, 2008 wo C • • ECHIBIT 9 JAN 6, 2009 W Ms Lane Gamiotea, City Clerk City of Okeechobee City Hall 55 S.E 3rd Avenue Okeechobee, FL 34974 RE: REQUEST TO VACATE EASEMENT O.R. Book 275, Pgs. 254 and 255 Captain D's Seafood 1100 South Parrott Avenue MPEG Project No. 1461 Dear Ms. Gamiotea This is to request that the City of Okeechobee release or vacate the above referenced easement. It appears that this grant was made in 1986 for the purpose of the Grantee installing certain drainage improvements to remedy a drainage problem being experienced by the Grantor. I have inspected the site and more particularly the area encumbered by the above referenced easement. I have also reviewed a recently completed boundary and topographic survey of the site and this area. Based upon this inspection and review, I do not believe that there is presently a need for the Grantee to maintain the right to construct, install or maintain drainage improvements in the area encumbered by this easement. Based upon the drainage pattern of the center line of pavement to the south right-of-way line of 11th Street S.W. I do not believe that there will be a need in the future There only exists a storm sewer pipe, connected directly to a storm inlet within the FDOT right-of-way of South Parrott Avenue (S.R. 15) which drains the Captain D's parking lot. This feature should only be of interest or concern to the Grantor and the FDOT The Grantee would, therefore, have no involvement, nor any responsibility associated with this, drainage improvement. If you have any questions, please do not hesitate to contact me. Sincerely, r Kendall S. Phillips, P.E. FL PE No. 16930 MORGAN-PHILLIPS ENGINEERING GROUP, LLC 2225 East Edgewood Drive, Suite 5 Lakeland, FL 33803 Certificate of Authorization No. 9654 Enclosure easement, e-mail, and survey cc: Gayle O'Brien Brandon Tucker 2225 East Edgewood Drive, Suite 5 • Lakeland, FL 33803 863-665-4835. 863-583-0130 (Fax) • OL r 254 AGREEMENT AND GRANT OF EASEMENT STATE OF FLORIDA COUNTY OF OKEECHOBEE THIS INDENTURE made and entered this 3rd day of January, 1986, by and between BROTHERS TWO DEVELOPERS, INC., d/b/a CAPTAIN D's SEAFOOD, hereinafter referred to as Grantor and the CITY OF OKEECHOBEE, Okeechobee, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the Grantee, WHEREAS, the Grantor is seized in fee simple and in possession of lands lying in Okeechobee County, Florida, as more particularly described below, and is experiencing on said lands drainage problems requiring the installation of certain drainage improvements on said lands to be connected to the Department of Transportation drainage system located along State Road 15 in Okeechobee County, Florida, and WHEREAS, Grantor is willing to grant to Grantee an easement or right of way through, over, across, and on the land described below, for the purposes of construction, installation and maintenance of necessary drainage improvements, as hereinafter described, and WHEREAS, Grantor agrees to reimburse the Grantee for any and all expenses incurred by the Grantee for any construction, installation or maintenance on this easement and or drainage improvements thereon, and WHEREAS, Grantor also agrees that the Grantee can tie into and use, as the Grantee deems necessary, any drainage structure installed on the easement, and WHEREAS, Grantor agrees to indemnify, hold harmless and defcad, the Grantee, against any claiw or right to claim that could be or is asserted against the Grantee arising out of the use of said easement, including the design, installation, construction and maintenance of any and all improvements or any other matter arising out of said easement, to the extent of any liability for such claim or right to claim imposed upon the Grantee by any permit issued by the State of Florida, Department of Transportation to the Grantee for the benefit of the Grantor herein and for the construction, installation and maintenance of the drainage improvements described herein. NOW, THEREFORE, in consideration of the premises and of the sum of Ten Dollars ($10.00) and other good and valuable consideratin, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Grantor hereby conveys and transfers unto Grantee or its successors or assigns a perpetual non-exclusive easement and full and free right and liberty for the construction, installation, and maintenance of surface water drainage facilities or structures, including cuts, canals and ways, through, over, across, ana on the LoilOwir,y lanu of Gr,tnLur, particularly described as follows: The East fifteen (15) feet of Lot 1, Block 16, SLJTH OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 7, Public Records of Okeechobee County, Florida. provided, however, and upon the condition that ,any so constructed water surface drainage facilities or structures, including cuts, canals and ways, and the maintenance and upkeep of s:anie be at the expense of the Grantor. r y ?75 na 255 AGREEMENT 2. Grantor agrees to reimburse the Grantee for any and all expenses incured by the Grantee for any construction, installation or maintenance of this easement and or drainage improvements thereon. 3. Grantor also agrees that the Grantee can tie into and use, as the Grantee deems necessary, any drainage structure installed on the easement. INDEMNIFICATION, HOLD HARMLESS AND DEFENSE AGREEMENT 4. Grantor agrees to indemnify, hold harmless and defend, the Grantee, against eny t.laim o. r,ght to claim that could be or .Ls asLerted against the Grantee arising out of the use of said easement, including the design, installation, construction and maintenance of any and all improvements or any other [natter arising out of said easement. TO HAVE AND TO HOLD such easement unto the Grantee and its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Grant of Easement on the day and year first above written. ATTEST: BROTHERS TWO DEVELOPERS, INC. d/b/a CAPTAIN D's SEAFOOD c r mile; s2 c r g L a r y 7 i I/ IL WITNESS . (ill-r C &ccAC WPME'SS STATE OF FLORIDA COUNTY OF HIGHLANDS BY- J LIMO Lily D-L-011, President I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared J. Timothy Blackman and .Cary W. Blackman respectively of BROTHERS TWO DEVELOPERS, INC., d/b/a CAPTAIN D's SEAFOOD and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation, and that the seal affixed hereto is the true corporate seal of said corporatin. WITNESS my hand a d official seal in the County and State last aforesaid this .�0 day of January , A.D., 1986. This instrument prepared by: JERALD D. BRYANT, ATTORNEY Post Office Box 816 Okeechobee, Florida 33472 J i parr .- _ :_'r{033N0 ., .Jii; �J3 a3113 � NOTARY PUBLIC My Commis ires: S� a'C' os o / t aT 8 ii89Z I 0 0 �j EKHIBIT ZO JAN 6, 2009 cz, 0 MEMORANDUM TO: Brian Whitehall, Administrator DATE: December 10, 2008 SUBJECT: Elite Title "On Site Parking Spaces" Ms. Frances Watford. FROM: Oscar Bermudez, Engineer In reference to the above Commercial Business and its parking requirements, I have met with the owner several times on Site and in my Office, and the only proper solution in my opinion is that they build their own parking area within the boundaries of their property. Attached is the parking layout that we have discussed with the owner in the pass. Their own on onsite parking area will provide six parking spaces, and we will recommend the City Council Members to approve a 20% reduction (On Street Parking). Their proposal of diagonal parking within the City Right of Way along N.E. 4th Ave. will not be acceptable to the Engineering Office. Certificate of Occupancy City of Okeechobee Department of Building Inspection This Certificate is issued pursuant to the requirements of Section 106.1 of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the City of Okeechobee regulating building construction or use, for the following Use Classification. Commercial Owner of Building: Frances W. Kirton Builder: Platinum Performance Group Zoning: Heavy Com9fercial)(CHV) Approved By: Building Official: Fire Official Date Issued- November 28, 2005 Maximum No. of Occupants: 3 Building Address: 311 NE 2"d Street Building Permit No: 176-05-02 Parcel No.: 3-15-37-35-0010-01430-0110 Engineer: �£ Public Works: �✓ �IJ N IL s I I4( L--"T {NP 1 POT J N N IN O C) co FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 13 OF 16 AGENDA VIiI. NEW BUSINESS CONTINUED. G. Presentation of Okeechobee Main Street Quarterly Report continued. H. Consider a request to waive parking requirement for Elite Title - Chris Close. COUNCIL ACTION - DISCUSSION - VOTE What's Next? Developing project plans for several community events: Juried top of the Lake Art Fest; Fifth Annual Top of the Lake BBQ Affair; Additional mural projects for the downtown area sponsored by Okeechobee Main Street; save the Old Jail program; Adopt a Median Program; Development of plan for securing funding for Courthouse Park via grants, private and public monies. Mrs. Burroughs also presented the Profit and Loss Budget Report for October through December 2006 which showed a net income of one thousand nine hundred ninety-eight dollars and forty-eight cents ($1,998.48). Council Member Watford wished Okeechobee Main Street well with their presentation before the Board of County Commissioners regarding the Old Jail renovation. He also stated that State Representative Maycheck and Senator Pruitt, should be recognized for their efforts with this project. Administrator Whitehall clarified to Mrs. Burroughs to be sure she knew that the Design Committee Review Board still has not been set up for the mural program, so the process will be to present them to the City Council for approval. Attorney Cook will be submitting an ordinance soon to change this process. Ms. Frances Watford, owner of Elite Title, was present to request a complete waiver of on -site parking for her business located at 311 Northeast 2"d Avenue, and distributed a letter from State Farm Insurance consenting to the use of their parking lot for Ms. Watford's overflow parking or off site parking needs. Administrator Whitehall explained that he met previously with the contractor Mr. Chris Close in August 2006 regarding adding four parking spaces on the North side of the property. It is not the required number of spaces but it would show an effort on the owners part, as opposed to no additional parking at all. He also stated that even though Ms. Watford has parking permission from State Farm, it does not meet the on -site parking requirements. They have the property to bring this parking issue into compliance. Another matter has been illegal parking along the right-of-way on Northeast 4" Avenue (East of the building). Council Member Watford stated this is one of those special circumstances as there was an old residence that was turned into a recent business prior to the refurbishing in which they were allowed to operate with the parking that is there now. The City needs to establish some guidelines for these special circumstances. Council Member Markham agreed that something has to be done for older buildings and parking regulations. Council Member L. Williams noted that this situation is different from others in the past as they were zoned Residential Single Family and then changed to Commercial, whereas her property was already zoned Commercial. FEBRUARY 6, 2007 - REGULAR MEETING - PAGE 14 OF 16 AGENDA VIII. NEW BUSINESS CONTINUED. H. Consider a request to waive parking requirement for Elite Title continued. Motion to approve an Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee - John Hayford (Exhibit 11). COUNCIL ACTION - DISCUSSION -VOTE Mayor Kirk asked even though Ms. Watford has a letter of consent for parking from State Farm which states that Ms. Watford is the owner of Elite Title, what happens should she sell the business? Attorney Cook replied that the new owner would have to bring the property into compliance. Council Member Watford moved that the Citv of Okeechobee arant to waive the aarkina reauirements for Elite Title presently owned by Ms. Frances Watford. alona with the consent aarkina aareement by adioinina prooertv owner State Farm. and that there will be no aarkina on the East riaht-of-wav, it is also understood that this waiver is for this owner only. the oronerty will have to be broua_ ht into compliance should the owner or use chance: second by Council Member L. Williams. KIRK - YEA C. WILLIAMS - NO VOTE MARKHAM-YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Okeechobee Utility Authority Executive Director John Hayford and Attorney Tom Conely, addressed the Council regarding the Third Amendment to the Interlocal Agreement creating the OUA. It was explained that this is basically a house keeping item affecting the County and not necessarily the City. However, an amendment to the agreement takes action by both entities. Article II, paragraph 3.2 authorizes the OUA to levy special, non -ad valorem assessments set by Florida Statutes, the statute number reference in the agreement for the City is correct. However, one of the chapters was left out for the County, number 153. There was a brief discussion on the matter. The majority of the Council did not realize that this authority was already given to the OUA by statute and the agreement. They also questioned why it was not listed that the City be given a 60 day written notice in advance of the effective date of any special non -ad -valorem assessment levied. Council Member Watford moved to approve the Third Revision to the Master Interlocal Agreement between the Okeechobee Utility Authority, Okeechobee County, and the City of Okeechobee with the amendment that the City of Okeechobee be given a sixty (60) day written notice in advance of the effective date of any special non -ad -valorem assessment levied; seconded by Council Member Markham. KIRK - YEA C. WILLIAMS - YEA VOTE MARKHAM - YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. • • EkIiIBIT 11 JAN 6, 2009 GENERAL FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES 12/31/2008 1 IF/Y Beginning Fund Balance 1 $ REVENUES 197% AD VALOREM 6.7432 1 $ 1OTHER FEES I $ IINTERGOVERNMENTAL 1 $ ICHARGES FOR SERVICES I $ 1FINES, FORFEITURES & PENALTIES I $ I USES OF MONEY & PROPERTY I $ IOTHER REVENUES I $ TOTAL REVENUES I 1 $ 1 EXPENDITURES I j LEGISLATIVE I $ I EXECUTIVE I $ (CITY CLERK I $ (FINANCIAL SERVICES ] $ ILEGAL COUNCIL $ IGENERAL SERVICES I $ ILAW ENFORCEMENT I $ IFIRE PROTECTION I $ IROAD & STREET FACILITIES 1 $ (VEHICLE - CAP PROJECTS FUND TRANSFER TOTAL EXPENDITURES 1 $ Revenues less Expenditures 1 ( $ I I (TRANSFERS - IN I I ICDBG Fund (Transfer -In) I $ ICapital Proiect Improvements (Transfer -In) 1 $ IPublic Facilities Improvement (Transfer -In) 1 $ I TOTAL 1 $ TRANSFERS - OUT I I CDGB - Indust Pk I ICapital Proiect Buildinq & Improvements I $ ICapital Proiect Vehicle 1 $ (TOTAL $ IFISCAL YEAR ENDING FUND BALANCE 1 $ 2007/2008 BUDGET 6,338,174 2,224,529 1,353,829 1,104, 065 546,889 28,358 140,000 235,580 5,633,250 2007/2008 2008/2009 2008/2009 Amended Budget Revised $ 8,127,240 $ 9,232,513 $ 9,142,016 1 $ 2,205,8071 $ $ 1,605,278 1 $ $ 1,242,864 1 $ $ 529,093 1 $ $ 41,307 I $ $ 176,081 1 $ $ 181,867 1 $ $ 5,982,297 1 $ 1 140,408 1 $ 165,396 1 $ 186,914 1 $ 209,779 1 $ 80,742 1 $ 473,635 1 $ 1,839,568 ( $ 1,299,061 1 $ 1,225,520 1 $ 124,017 152,165 180,279 193,693 j 48,841 413,836 1,758,7621 1,169,1091 1,128,198 1 2,202,784 1,364,125 1,130,102 429,619 25,600 121,009 174,738 5,447,977 BUDGET TO BUDGET 2,202,784 1 $ 1,364,125 1 $ 1,130,102 $ 429,619 $ 25,600 1 $ 121,0091 $ 174,7381 $ 5,447,977 1 $ 1 $ 138,938 1 $ 138,938 $ 167,320 1 $ 167,320 $ 188,011 1 $ 188,011 $ 208,191 $ 208,191 $ 125,732 $ 125,732 $ 458,898 1 $ 458,898 $ 1,824,008 $ 1,824,008 $ 1,251,3451 $ 1,251,345 $ 1,085,502 1 $ 1,085,502 5,621,023 I $ 5,168,900 1 $ 5,447,945 ( $ 5,447,945 I f I 12,227 I $ 813,397 1 $ 32 I $ 32 4,235 516,260 520,495 I I -I$ 78,000 1 $ 78,000 1 $ 6,792,896 1 $ -1$ - I$ -I - $ - 1 $ 1,7251 306,067' $ 337,929 1 $ 337,929 1 306,067 1 $ I 337,929 $ I 339,6641 I - 1 $ I - I $ I 6,934,4891 104,688 $ 78,000 $ 104,9251 104,688 1 $ 78,000 1 $ 7,039,414 9,142,016 1 $ 9,492,474 1 $ 2,442,288 1 (21, 745)1 10,2961 26,037 (117,270) (2, 758) (18,991)1 (60,842) (185,273)1 I (1,470) 1,924 1,097 (1,588) 44,990 I (14,737) (15,560) (47,716) (140,018) (173,079) Page 1 Page 1 GENERAL FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES 12/31 /2008 2007/2008 2007/2008 BUDGET Amended IF/Y Beginning Fund Balance $ 6,338,174 $ 8,127,240 I I REVENUES 197% AD VALOREM 6.7432 $ 2,224,529 $ 2,205,807 BOTHER FEES $ 1,353,829 $ 1,606,218 (INTERGOVERNMENTAL $ 1,104,065 $ 1,242,864 (CHARGES FOR SERVICES $ 546,889 $ 529,093 FINES, FORFEITURES & PENALTIES $ 28,358 $ 41,307 USES OF MONEY & PROPERTY $ 140,000 $ 176,081 (OTHER REVENUES $ 235.580 $ 181,867 TOTAL REVENUES $ 5,633,260 $ 5,982,297 1 EXPENDITURES LEGISLATIVE EXECUTIVE jCITY CLERK (FINANCIAL SERVICES LEGAL COUNCIL (GENERAL SERVICES LAW ENFORCEMENT (FIRE PROTECTION IROAD & STREET FACILITIES (VEHICLE - CAP PROJECTS FUND TRANSFE I TOTAL EXPENDITURES Revenues less Expenditures (TRANSFERS - IN �CDBG Fund (Transfer --in) Capital Project Improvements (Transfer -In) (Public Facilities Improvement (Transfer -in) TOTAL I (TRANSFERS - OUT ICDGB - Indust Pk ICapital Project Building & Improvements ICapital Project Vehicle ITOTAL IFISCAL YEAR ENDING FUND BALANCE $ 140,408 $ 165,396 $ 186,914 $ 209,779 $ 80,742 $ 473,635 $ 1,839,568 $ 1,299,061 $ 1,225,520 R $ 5,621,023 $ 12,227 $ 4,235 $ 516,260 $ 620,495 $ 78,000 $ 78,000 $ 6,792,896 $ 124,017 $ 152,165 $ 180,279 $ 193,693 $ 48,841 $ 413,836 $ 1,758,762 $ 1,169,109 $ 1,128,198 2008/2009 Budget $ 9,232,513 $ 2,202,784 $ 1,364,125 $ 1,130,102 $ 429,619 $ 25,600 $ 121,009 $ 174,738 $ 5,447,977 $ 138,938 $ 167,320 $ 188,011 $ 208,191 $ 125,732 $ 458,898 $ 1,824,008 $ 1,251,345 $ 1,085,502 $ 5,168,900 $ 5,447,945 $ 813,397 $ 32 $ 306,067 $ 337,929 $ 306,067 $ 337,929 $ 104688 $ 1 78,000 $ 104:688 $ 78,000 $ 9,142,016 $ 9,402,474 2008/2009 Revised $ 9,142,016 $ 2,202,784 $ 1,364,125 $ 1,130,102 $ 429,6191 $ 25,600 $ 121,009 $ 174738 $ 5,447:977 $ 138,938 j $ 167,3201 $ 188,011 $ 208,191 $ 125,7321 $ 458,8981 $ 1,824,008 $ 1,251,345 $ 1,085,5021 $ 5,447,9451 1 $ 321 $ 1,725 $ 337,929 $ 339,664 $ 6,934,4891 $ 104,925 $ 7,039,4141 $ 2,442,2881 BUDGET TO BUDGET (21,745) 10,296 26,037 (117,270) (2,758) (18,991) (60,842) (185,273) (1,470 1,924 1,097 (1,588 44,990 (14,737 (47,716) (140,018) (173,079) Page 1 Page 2 GENERAL FUND - CITY OF OI I RECAPITULATION - REVENUE AND EXPENI I I i F/Y BEGINNING FUND BALANCE I REVENUES TAXES: I 1311-1000 97% AD VALOREM 0 6.7432 I TOTAL i (OTHER FEES: I {312-5100 Fire Insurance Premium 312-5200 Casualtv Insurance Prem Tax (Police) 313-1000 Franchise -Electric 313-7000 Franchise -Solid Waste 314-1000 Utility Tax -Electric 1314-2000 Utility Tax/Franchise Telecommunications 1314-8000 Utilitv Tax/Propane 1319-0000 Public Service Fee 1320-000 Taxi Cab 1321-0000 Prof & Occupational License 1321-1000 Bus. Prof., Occu. Rep Fees TOTAL INTERGOVERNMENTAL REVENUES: 335-1210 SRS Cigarette Tax 335-1400 Mobile Home Licenses 335-1500 Alcoholic Beveraqe Licenses 1/2 Cent Sales Tax 1335-1800 312-6000 1 Cent Sales Surtax 1335-2300 Firefighters Supplement 1338-2000 Countv Business Licenses I TOTAL I CHARGES FOR CURRENT SERVICES 1322-0000 Building & Inspections Fees 1329-0000 Plan Review Fees 1322-1000 Exception & Zoninq Fees 1341-2000 Allev/StreetClosinq Fees 341-3000 Map Sales 341-4000 Photocopies 343-4010 Solid Waste Collection Fees-Resd. TOTAL I (information on changesidecreases/increases <EECHOBEE iES 2007/2008 2007/2008 BUDGET Amended $ 6,338,174 1 $ $ 2,224.529 $ $ 2,224,529 $ $ 49,600 $ $ 101,100 $ $ 335,500 $ $ 70,071 $ $ 350,750 $ $ 375,609 $ $ 27,549 $ $ 13.500 $ $ 30,000 $ $ 150 $ $ 1,353,829 $ $ 184,813 $ $ 31,385 $ $ 5,000 $ $ 318,240 $ $ 559,427 $ $ 1,200 $ $ 4,000 $ $ i 1,104,065 $ $ 145,877 $ 15,000 $ $ 13,500 $ $ 500 $ $ 100 $ $ 50 $ $ 371,862 $ $ 546,889 $ 2008/2009 j 2008/2009 ' BUDGET Budget I Rvisd__i TO BUDGET 8,127,240 1 $ 9,232,513 1 $ 9.142.016 2,205,807 2,206,807 62,593 134,380 469,384 69,924 402,051 361,531 38,512 27,276 39,518 109 1,606,278 199,604 27,016 5,804 339,889 658,532 600 11,419 1,242,864 113,043 24,726 18,244 1,144 40 34 371,862 529,093 $ 2,202,784 $ 2,202,784 $ 49,600 $ 101,100 $ 396.050 $ 67,009 $ 360.700 $ 312,967 $ 31,549 $ 13,500 $ 32,500 $ 150 $ 1,364,125 $ 184,813 $ 30,580 $ 4,850 $ 317,861 $ 587,398 $ 600 $ 4,000 $ 1,130,102 $ 55,504 $ 11,898 $ 15,500 $ 500 $ 100 $ 50 $ 346,067 $ 429,619 $ 2,202,784 I $ (21,745) $ 2:202,784 $ (21,745) $ 49,600 $ $ 101,100 $ $ 396,050 $ $ 67,009 $ $ 360,700 $ $ 312,967 $ $ 31,549 $ $ 13.500 $ $ 32,500 $ $ 150 $ $ 1,364,125 $ $ 184.813 $ $ 30.580 $ $ 4,850 $ $ 317,861 $ $ 587,398 $ 600 $ $ 4,000 $ $ 1,130,102 $ 55,504 $ 11,898 $ 15.500 $ 500 $ $ 100 $ $ 50 $ 346,067 $ $ 429,619 $ 59,550 (3,662) 9,950 (62,642) 4,000 2,500 10,296 (805) (150) (379) 27,971 (600) 26,037 (90,373) (3,102) 2,000 (25,795) (117,270) Page 2 Page 3 GENERAL FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES I I FINES, FORFEITURES & PENALTIES: 351-1000 Court Fines 1351-2000 Radio Comm. Fee �351-3000 Law Enforcement Education 351-4000 Investiqation Cost Reimbursement 351-5000 (Unclaimed Evidence 354-1000 (Ordinance Violation Fines (TOTAL USES OF I MONEY & PROPERTY: 1361-1000 Interest Earninqs 1 361.3 Investment Earnings 1364-1000 Surplus City Property I TOTAL OTHER I REVENUES: 1334-2000 Public Safety Grant 1334-3000 Special Purpose Grant I343-9000 DOT Hwy Maint.Landscape/Mowinq 1343-9100 DOT Master Traffic Signals Maint. I343-9200 DOT Maint. Lights & Lights Contract 1344-9000 ICSX Railroad Maint. Contract 1369-1000 I Miscella neous 1369-3000 (Code Enforcement Fine 1369-3000 1 Police Accident Reports I I TOTAL I OPERATING TRANSFER -IN: I Capital Project Improvements (Transfer -In) 1 CDBG Fund (Transfer -In) 1381-1000 Public Facilities Improvement (Transfer -In) I I TOTAL 1PERATING TRANSFERS - OUT 1 CDGB - Indust Pk 2007/2008 2007/2008 2008/2009 I BUDGET Amended BudPet I I 18,000 5,000 1,500 3,858 28,358 I 140,000 1 I I 140,0001 I 189,060 $ 21,003 I $ 7,200) $ 16,8171 $ 500 $ 500 I $ 500 1 $ 236,580 1 $ I I 251781 $ 18,000 104001 $ 5,000 32711 $ 1,500 12181 $ 1,000 4621 $ - 7781$ 100 41,3071 $ I 25,600 i 223,032 1 $ (46,951)I -1 176,081) $ I I I I 122,4691 $ 21,003 1 $ 7,200 1 $ 16,817 1 $ 10,3591 2,674 1 $ 792 1 $ 553 1 $ 181,867 1 $ 1 4,235 1 -1 516,260 1 $ 306,067 520,495 1 $ 306,067 1 I Capital Project Building & Improvements I I Capital Project Vehicles I $ 78,000 1 $ TRANSFERS OUT 1 $ 78,000 1 $ I I � I TOTAL REVENUE & OTHER FUNDING SOURCES 1 $ 6,075,745 1 $ ' ► I i I TOTAL PI ROPOSED REVENUES AND BALANCES ; llnformation on changes/decreases/increases 1 M � I 2008/2009 I BUDGET Ijl Revised TO BUDGET_ I I I 1 I $ 18,000 I $ � is 6,000 1 $ $ 1.5001 $ $ 1,0001 $ (2,858) $ -I $ 1001 $ 100 $ 26,600 1 $ t (2,768) I I 121,009 1 $ 121,009 121,009 49,214 21,003 6,990 16,817 79,714 500 J 5001 174,7381 I 1 $ 121,009 s $ (18,991 $ (18,991) 1$ 49,214 1 $ (139,846 21,0031 $ - 6,990 $ (210 16,811 $ 1$ 79,714 1 $ 79,214 5001 $ - 5001 $ 174,738 1 $ (60,842' 1 $ 1,725 $ 337,929 1 $ 337,929 $ 337,929 1 $ 339,654 I I I 1 $ 6,934,489 104,688 $ 96,000 1 $ 96,000 1 104,688 1 $ 96,000 1 $ 7.030,489 1 1 1 1 6,183,676 1 $ 5,689,906 1 $ (1,242,858)1 1 ! I I I I � I I Page 3 Page 4 (GENERAL FUND - CITY OF OKEECHOBEE j I Workshest #: 4 j Edied Date: 9/11/2008 { Edited Bv: India Model I I 20U720U8 20U72008 I 2UU8/2009 { BUDGET AMENDED BiJDGET (PERSONNEL COST: I 1 1100 EXECUTIVE SALARIES 1 431,0461 425,4241 460.0921 1 1200 REGULAR SALARIES 1 1,801,5261 1,705,4891 1,865.1691 1 1201 HOLIDAYPAY { 22,152 17,4981 21,5911 i 1202 1 1300 OFF HOLIDAY PAY I I OTHER 25,068� 23,3341 25,0681 SALARY I 73,0141 66,428 78.4531 1 1400 (OVERTIME I 31,0671 27,717� 36,1921 1401 OVERTIME PAYIANNUAL & SICK 1 44,1621 39,1151 44,8241 1 1402 IDISPATCHER OVERTIME 1 9,7561 9,4751 9,9021 i 1403 (OFFICERS OVERTIME PAY 1 52,5251 61.1091 64,0001 I 1501 IAUXIIdARY & VOLUNTEER PAY 1 11,2001 11,5041 12,420 1 1510 (LONGEVfI'Y/SERVICE INCENTIVE 1 1,0001 0 1'250 1520 IOFFICERSLONGEVTTY/SERVICE 1 0l 0� 250 1 1540 1CAREEREDUCATION 1 12,6001 11,3461 12,6001 1 2100 (FICA 1 192,374 182,4761 200,5861 I 2200 I 2300 IREI7REMENT 1 iLIFE AND HEALTH INSURANCE 408.1041 434,2271 361,3231 I 2400 1 1wORKERS COMPENSATION 382,711 351,2931 333,1291 1 153,556 79,3261 104,492 1 2500 I IUNEMPLOYMENTTAXES ( of 01 0� i I TOTAL PERSONNEL COSTS: 1 � 1 3,651,8611 3,444,7611 3,631,3301 I [SUPPLIES AND OTHER SERVICES: I � I I 1 1 r I I I 1 3100 PROFESSIONAL SERVICES 1 279,1841 249,3301 263,158 I 3102 PROF SERVICES WHYS FOR SCBA) 1 4,OWI 2,0101 4,000 1 3103 MUNICIPAL CODE & WELLNESS PR 1 7,6001 5,5351 7,600 I 3200 ACCOUNT No & AUDIT 1 1 38,00071 29,8001 33,600 1 3300 LEGAL COST 1 30,000( 6,3331 75,000{ 1 3400 (OTHER CONTRACT SERVICES 1 176,502 137,0461 159,0221 1 3401 I OARBAGE COLLECTION FEE 1 356,2201 352,7651 342.664 1 4000 TRAVEL AND PER DIEM 1 (COW& 41,1501 27,8461 31,050 I 4100 & FREIGHT 1 51,0161 44,6011 52,206 1 4300 IUTIIITffiS 1 62,2621 55,372� 65,231 [ 44DO IRENTALS AND LEASES 1 15,2511 12,945 16,715 1 4500 {INSURANCE 1 235,508 214,7381 146,224 1 4600 1R&M VEHICLES 1 26,0101 23,0061 30,0101 4609 �R&MEQUIPMENT 1 74,4901 115.7911 101.1401 4700 1 PRINTING 1 2,5001 1,68012,5001 4900 IADVERTISING/OTHERCHARGES 1 11,0001 13,865 20,000 1 4901 (EDUCATION -RESTRICTED 1 27,9661 12,1041 27.966� I 4902 (EDUCATION -NON -RESTRICTED 1 7,500 3,4861 7,500 1 4905 ITRAINING & MATERIALS 1 3,0001 01 3,0001 1 4903 ICODEENFORCEMENT 1 14,000 9,0401 14.0001 1 4909 IMISCELLANEOUS 1 7,200� 2,1971 11,775 1 5100 (OFFICE SUPPLIES { 16,700 9,2431 14,716 1 5101 IDETECTTVESUPPLIES 1 3,5001 3,1301 3,500' 1 5102 INVESTIGATION FEES 1 IOPERATINGSUPPLY 2,0001 3801 2,000 I 5200 1 39,9501 31.1101 37,150 { 5201 [FUEL AND OIL 1 97,1001 100,0691 120,6931 1 5202 IOPERATING SUPPLIES t TIRES) I 10,000I 10.4451 11,0001 1 5203 IUNIFORMS/PATCHES 1 23,2751 18,1041 23,2751 1 5204 POSTAGE & SUPPLIES I 7,0001 6,0051 7,000 1 5204 DUMPING FEES I 3,000 3351 1,000 1 5203 IMOSQUTTO CONTROL 1 0� 1051 0 1 5300 IROADMATERIALS/SUPPLIES 1 4,5001 20,687 4,500 I 5400 [BOOKS, PUBLICATIONS, ETC 1 11.0001 9,257� 11,800 I 6300 IIMPROVEMENfS 1 150,0001 75,0911 49,124 6400 l EQUIPMENT ($750 OR MORE) 1 93,6901 40,2141 35,0221 6401 IMICRO FILM EQUIPMENT 1 0 01 Ol f 70M 1 IPRINCIPAL CAD SYSTEM { 40.6281 f 35,3121 1 7100 lRnTREST-CADSYSTEM 1 3,7581 + 9,074 I 8100 [SHARED SERVICES I 8,0001 8,0001 8,000� I 8200 IAID TO PRIVATE ORGANIZATIONS 1 20,0001 20,0001 20,0001 8201 IINTERLOCAL PART. wARCC I 9,0881 9,0881 9,0881 1 8300 1 IPUBLIC SERVICE GRANT 1 0l 01 Ol I TOTAL SUPPLIES AND OTHER SERVICES 1 I 2,013,501 I 1,679,7531 I 1,816,6151 TOTAL COST: 1 5,665,4091 5,124,5141 5,447,9451 Page 4 Page 5 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 1 Edited Date: 11ndia 12/24/2008Edited Bv: Riedel I {PERSONNEL COST: { { 1100 EXECUTIVE SALARIES 1510 LONGEVITY/SERVICE INCENTIVE { 2100 FICA 2200 RETIREMENT { 2300 LIFE AND HEALTH INSURANCE { 2400 WORKERS COMPENSATION TOTAL PERSONNEL COSTS: l SUPPLIES AND OTHER SERVICES: 3400 OTHER CONTRACT SERVICES 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT { 4500 INSURANCE { 4901 EDUCATION 4909 MISCELLANEOUS { 5400 BOOKS, PUBLICATIONS, ETC 8100 SHARED SERVICES { 8200 AID TO PRIVATE ORGANIZATIONS { 8201 IN TERLOCAL PART. w/IRCC {TOTAL SUPPLIES AND OTHER SERVICES I {TOTAL COST I I I I 2007/2008 2007/2008 Bud et Amended 26500 26496 0 2762 2761 2398 2397 22340 21498 2891 159 54289 30,000 12000 200 4731 500 1000 600 8000 20000 9088 86,119 1 53311 18,327 9600 248 4295 100 24 1024 8000 20000 90881 70,7061 124,0171 2008/2009 2008/2009 BUDGET Bud et Revised TO BUDGET 36100 36100 9,600 500 500 500 2762 2762 0 3452 3452 1,054 20128 20128 -2,212 207 207 -82 63149 63149 8,860 30,000 30,000 0 2400 2400 -9,600 250 250 50 3351 3351 -1,380 500 5001 0 1000 10001 0 12001 12001 600 80001 80001 0 200001 200001 0 90881 90881 0 75,7891 75,789 -10,330 138,9381 I I i f I I I I { 138,9381 1 1 I I -1,4 Page 5 Page 6 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #• 1 Edited Date: 12/24/2008 (Edited By: I India Riedel COST: 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES 1510 LONGEVITY/SERVICE INCENTIVE 2100 IFICA 2200 RETIREMENT 2300 'LIFE AND HEALTH INSURANCE 2400 'WORKERS COMPENSATION (TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT 4500 INSURANCE 4600 R&M VEHICLES 4609 R&M EQUIPMENT 4901 IEDUCATION 4909 MISCELLANEOUS 5100 OFFICE SUPPLIES 5200 JOPERATING SUPPLY 5201 IFUEL AND OIL 5400 (BOOKS, PUBLICATIONS, ETC 6400 )EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: I 2007/2008 2007/2008 2008/2009 2008/2009 BUDGET Budget Amended Budget Revised TO BUDGET 75,3821 75,1231 79,4621 79,4621 4,0801 31,6481 31,6881 33,4231 33,4231 1,775 01 01 01 OI 0 8,2001 8,2551 8,6741 8,6741 474 11,9911 11,9041 12,6491 12,6491 658 11,4111 11,151I 10,5001 10,5001 -911 1,0641 5551 724 7241 -340 139,696`1 I 138,676`1 I 145,4321 145,4321 5,736 5,0001 7211 2,5001 2,5001 -2,500 5,2001 4,0051 4,5801 4,5801 -620 6,0001 5,4401 4,0921 4,0921 -1,908 4001 01 4001 4001 0 1,0001 3511 1,7001 1,7001 700 1,5001 3451 1,5001 1,500 0 1,0001 871 5001 500� -500 1,600) 4141 1,1161 1,1161 -484 1,500) 3181 1,5001 1,5601 0 1,5001 8711 1,5001 1,5001 0 1,0001 9371 1,5001 1,5001 500 0 0 1,000� 1,0001 1,000 25,7001 13,4891 21,8881 21,8881 -3,812 165,396 152,1651 167,320 1 167,3201 1,924 Page 6 Page 7 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 1 Edited Date: 12/24/2008 Edited By: I India Riede{ COST: 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES 1300 OTHER SALARIES 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA 2200 RETIREMENT 2300 LIFE AND HEALTH INSURANCE 2400 WORKERS COMPENSATION TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 1 3103 MUNICIPAL CODE 3400 OTHER CONTRACTUAL SERVICES 4000 TRAVEL AND PER DIEM 4100 COMM.. & FREIGHT 4500 INSURANCE 4609 R&M EQUIPMENT 4900 ADVERTISING/OTHER CHARGES 4901 EDUCATION 4909 MISCELLANEOUS/ELECTION 5100 OFFICE SUPPLIES 5400 BOOKS, PUBLICATIONS, ETC 6400 EQUIPMENT ($750 OR MORE) 6401 MICRO FILM EQUIPMENT AL SUPPLIES AND OTHER SERVICES 'AL COST: 1 2007/2008 Budiz 50,065 31,180 13,427 0 6,315 9,060 11,489 759 1 122,2951 I 3,5001 8,4121 2,0001 3,4501 7,0971 3,5701 11,0001 1,500 500 2,000 2,300 19,290 of 64,6191 2007/2008 1 2008/2009 2008/2009 BUDGET Amended Budget Revised TO BUDGET 49,082 31,307 10,947 0 6,770 8,946 11,8481 3971 119,2971 2,055 8,700 1,9461 3,308 6,440 2,993 13,865 445 725 1,4051 1,870 17,230 of 60,9821 1 180,2791 1 1 52,305 52,305 32,440 32,440 13,695 13,695 250 250 7,536 7,536 9,509 9,509 11,200 11,200 541 541 127,476 3,500 9,000 4,000 2,8501 4,8401 3,5701 20,0001 1,5001 5,7751 1,5001 2,000 2,000 0 60,5351 188,011 127,476 2,240 1,260 268 250 1,2211 449 -289 -218 5,1811 1 3,5001 0 9,0001 588 4,0001 2,000 2,8501 -600 4,8401 -2,257' 3,5701 0 20,0001 9,000 1,5001 0 5,775 5,275' 1,500 -500 2,000 -300 2,000 -17,290' 01 0 60,5351-4,084, 1 �I 188,0111 Page 7 Page 8 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 1 Edited Date: 12/24/2008 Edited By: I India Riedel 1PERSONNEL COST: 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA 2200 RETIREMENT 2300 LIFE AND HEALTH INSURANCE 2400 IWORKERS COMPENSATION 2500 UNEMPLOYMENT TAXES TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: 3200 ACCOUNTING & AUDIT 3400 OTHER CONTRACTUAL SERVICES 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT 4500 INSURANCE 4609 R&M EQUIPMENT 4901 EDUCATION 4909 IMISCELLANEOUS 5100 1OFFICE SUPPLIES 5200 (OPERATING SUPPLY 5400 (BOOKS, PUBLICATIONS, ETC 6400 )EQUIPMENT ($750 OR MORE) TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: )Cost changes included in above cost 2007/2008 1 2007/2008 2008/2009 2008/2009 BUDGET Budget Amended Bud et Revised TO E I 35,818 35,5881 37,7291 37,7291 59,754 60,0391 64,0671 64,0671 0 01 01 01 7,3151 6,9781 7,8411 7,8411 10,7501 10,6541 11,3451 11,3451 18,167� 17,0351 16,3001 16,3001 912 1 4761 1 6541 1 6541 1 I I I 132,7161 130,7701 137,9361 137,9361 38,0001 29,8001 33,6001 33,6001 5001 01 2501 2501 1,7501 7431 1,7501 1,7501 4,0001 3,3251 3,1801 3,110 9,4631 8,5981 6,4751 6,475 9,0001 8,0381 9,9501 9,950 1,400) 1,0591 1,4001 1,4001 2501 721 2501 2501 3,0001 1,8161 2,4001 2,4001 9,0001 9,0201 9,300 9,3001 7001 4621 700� 7001 +, 01 1,0001 1,0001 77,0631 I 62,9231 I 70,2551 70,255 209,779 I I I I I I I i 1 193,693 1 � I I I I I I I 208,191 1 1 I I { I I I I I 208,191 1 I I I I I I I I 1,911 4,313 526 595 -1,867 -258 -4,400 -250 -2,988 950 -6,808 Page 8 Page 9 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet #: 1 Edited Date: 12/24/2008 {Edited By: India Riedel COST: ALL SERVICES & SUPPLIES: 2300 HEALTH INSURANCE 3100 PROFESSIONAL SERVICES 3300 LEGAL COST 4000 TRAVEL AND PER DIEM 4100 COMM. AND FREIGHT SERVICES 4609 R&M EQUIPMENT 4901 EDUCATION 5100 OFFICE SUPPLIES f 5400 MEMBERSHIP & SUBSCRIPTIONS i (TOTAL SUPPLIES I AND OTHER SERVICES TOTAL COST: 2007/2008 BuaQet 5,722 40,600 30,000 700 1,800 270 750 400 500 80,742 80,742 2007/2008 Amended 5,197 34,924 6,333 867 885 210 395 30 0 48,841 48,841 2008/2009 2008/2009 1 BUDGET Bud et Revised ITO BUDGET 4,9001 4,900 -822 41,412 41,412 812 75,000 75,000 45,000 700 700 0 1,800 1,800 0 270 270 0 750 710 0 400 4001 0 500 500 0 125,732 125,732 44,990 125,732 125,732 44,990 Page 9 Page 10 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT I Worksheet #: 1 IEdited Date: I 1212412008 IEdited BY. India Riedel COST: 1200 REGULAR SALARIES 1300 OTHER SALARY 1400 OVERTIME { 1510 LONGEVITY/SERVICE INCENTIVE { 2100 FICA { 2200 RETIREMENT { 2300 LIFE AND HEALTH INSURANCE { 2400 WORKERS COMPENSATION (TOTAL PERSONNEL COSTS: I SUPPLIES AND OTHER SERVICES: { { 3100 PROFESSIONAL SERVICES { 3400 OTHER CONTRACTUAL SERVICES I 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT 4300 UTILITIES { 4400 RENTALS AND LEASES { 4500 INSURANCE { 4600 R&M VEHICLES { 4609 R&M EQUIPMENT 4901 EDUCATION 4909 MISCELLANEOUS { 5100 OFFICE SUPPLIES { 5200 OPERATING SUPPLY { 5201 FUEL AND OIL 5204 POSTAGE & SUPPLIES 5400 BOOKS, PUBLICATIONS, ETC 6400 EQUIPMENT ($750 OR MORE) {TOTAL SUPPLIES AND OTHER SERVICES TOTAL COST: { � I � 1 2007/2008 Bud et 2007/2008 I 2008/2009 1 2008/2009 1 BUDGET Amended Budget Revised TO BUDGE 32,381 32,143 33,846 33,846 15,528 14,143 15,758 15,759 0 0 0 0 0 0 3,665 3,573 3,775 3,775 3,615 3,573 3,795 3,791 5,950 5,445 5,100 5,100 608 317 413 413 61,7471 59,1941 62,6871 62,687 200,163 119.364 2 7, 761 2,700 3,100 400 7,000 400 1,000 411,888 473,635 100,641 3,597 3,227 11,431 4,607 25,345 10 7,024 319 229 2,073 668 613 6,005 29 0 354,642 413,836 176,125 111,772 5,000 3,380 12,300 4,764 19,015 500 50,000 500 500 2,300 1,000 655 7.000 176,125 111,772 5,000 3,380 12,300 4,764 19,015' 500 50,000 500 500 2,300 1,000 655 7,000 400 1,465 110 180 -850 -195 -24,038 -7,592 1.000 1,464 -8,746 396,211 396,211 -15, 458,898 458,898 -14, 255 Page 10 Page 11 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Workshaet# 1 Edited Clete: 12/24=08 Edited By., India Riedel 2007/2008 2007/2008 f Budget Amended 1 PERSONNEL COST: 1100 EXECUTTVE SALARIES 61,378 60,275 1200 REGULAR SALARIES 810,205 767,606 1201 HOLIDAY PAY 880 385 1 1202 OFFICERS HOLIDAY PAY 25,069 23,334 { 1300 OTHER SALARY 19,059 18,163 1400 OVERTIME 4,500 6,384 1403 OFFICERS OVERTRAE PAY 52,525 61,109 1501 AUXILIARY PAY 1,200 1,200 I 1510 LONGEVITY/SERVICE INCENTIVE 0 0 I 1520 OFFICERS LONGEVITY/SERVICE 0 0 1530 INCENTIVE 0 1540 CAREER EDUCATION 12,000 10,746 1 2100 FICA 76,491 74,967 i 2200 RETIREMENT 245,570 262,943 { 2300 LIFE AND HEALTH INSURANCE 157,381 153,822 I 2400 WORKERS COMPENSATION 49,340 26,867 I I TOTAL PERSONNEL COSTS: I 1,515,597 1,467.601 (SUPPLIES AND OTHER SERVICES: I 3100 PROFESSIONAL SERVICES 21,421 15,667 I 4000 TRAVEL AND PER DIEM 7,2001 7,037 COMM. & FREIGHT 15,8661 14,860 C4100 4300 UTILITIES 13,2001 151875 4400 RENTALS AND LEASES 6,5511 6,660 4500 INSURANCE 75,0821 68,297 4600 R&M VEHICLES 8,1101 2,296 4609 R&MEQUIPMENT 8,0001 7,135 1 4700 PRINTING 2,0001 1,545 { 4901 EDUCATION -RESTRICTED 5,8161 1,051 I 4902 EDUCATION - NON -RESTRICTED 6,0001 2,506 1 4909 MISCELLANEOUS 1,5001 376 5100 OFFICE SUPPLIES 5,0001 2,079 1 5101 DETECTIVE SUPPLIES 3,5001 3,130 I 5102 INVESTIGATION FEES 2,0001 380 i 5200 OPERATING SUPPLY 138501 12,295 i 5201 FUEL AND OIL 57:2001 67,693 I 5202 OPERATING SUPPLIES (TIRES) 5,0001 6,299 1 5203 UNIFORMSIPATCHES 10,2751 7,986 5400 BOOKS, PUBLICATIONS; ETC 1,5001 1,004 6400 EQUIPMENT (S750 OR MORE) 54,5001 3,204 8300 1PUBLIC SERVICE GRANT 0 0 1 7000 Principal -CAD System 40,628 I 7100 Interest -CAD System I 3,758 ITOTAL SUPPLIES AND OTHER SERVICES 323,9711 291,161 (TOTAL COST: 1,839.5681 1,758,762 I I { I I !I I l { 1 1 ( 1 jI 1 I I 1 I 2008/2009 Budnet 63,836 951,235 0 25.068 24,000 9,300 64,000 1,200 0 250 0 203.542 143,300 33,809 1,512,534 21,421 7,200 37,751 8,110 35,312 9,074 311,474 1,824,008 I 2008/2009 Revised 63,836 851,235 0 25,068 24,000 9,300 64,600 1.200 0 250 0 12,000 80,094 203.542 143,300 1,512,534 21,421 7,200 20.266 16,726 6,951 37,751 8,)1Dl 8,000 2,000 5.916 6,000 1,5001 5,0001 3," 2,000 13,850 74,300 5,000 10,275 1,500 9.922 35,312 9,074 311,474 1,824,0081 I { I BUDGET TO BUDGET 2.458 41,630 -880 0 4.941 4.800 11,475 0 0 250 0 0 4.503 -42.028 -14,681 -15,531 -3.063 4.40C 3.52E C -37.331 17,10C -44,575 C 35.317 9.074 -12.497 -15,56C Page 11 Page 12 GENERAL FUND EXPENSE LINE ITEM DETAIL BY DEPARTMENT Worksheet# 1 IEdited Date: 12/24/2008 Edited B . India Riedel i I IPERSONNEL COST: l 1 1100 (EXECUTIVE SALARIES I 1200 REGULAR SALARIES 1 1201 HOLIDAY PAY 1 1300 OTHER SALARY I 1400 OVERTROM 1 1401 OVERTIME PAY/ANNUAL & SICK I 1402 DISPATCHER OVERTIME I 1501 VOLUNTEER PAY I I I510 LONGEVITY/SERVICE INCENTIVE I 1540 CAREER EDUCATION I 2100 FICA I I 2200 RETIREMENT 2300 LIFE AND HEALTH INSURANCE 24DO WORKERS COMPENSATION ITOTAL PERSONNEL COSTS: I ISUPPLIES AND OTHER SERVICES: 3100 PROFESSIONAL SERVICES 3102 PROF SERV (PHYS FOR SCBA) 1 3103 WELLNESS PROGRAM 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT 1 4300 UTILrM I 4400 RENTALS AND LEASES I 4500 INSURANCE 4600 R&M VEHICLES 4609 R&M EQUIPMENT ij 47DO PRINTING j 4901 EDUCATION I 4902 PUBLIC EDUCATION & FIRE PREV j 4903 CODE ENFORCEMENT 1 4905 TRAINING & MATERIALS I 4909 MISCELLANEOUS 5100 OFFICE SUPPLIES 5200 OPERATING SUPPLY j 5201 FUEL AND OIL I 5202 OPERATING SUPPLIES (TIRES) I 5203 UNIFORMS/PATCHES I 5400 BOOKS, PUBLICATIONS, ETC i 6400 EQUIPMENT ($750 OR MORE) (TOTAL SUPARealth Insurance Increase by 15% !(TOTAL COST: I I I I 2007/2008 Budget 57,298 592,888 21,272 25,000 21,567 44,162 9,756 10,000 6001 59,0101 83,569 95,359 64,3091 1 1,084,7901 I f 2,0001 4,0001 4,1001 6,0001 10,0001 13,0001 5,DDol 51,4211 12,0001 16,1001 5001 15,0001 1,500 14,0001 3,0001 7501 1,5001 7,500 14,000 3,000 7,5' 3,500 18,900 214,2711 I 1,299,0611 1 1 1 I I I, I I I I I 2007/2008 2008/2009 2008/2009 Amended Budeet I Revised 57,0151 553,7461 17,1131 23,1751 19,4151 39,1151 8,4751 10,3041 of 6001 54,2971 94,9051 75,221 31,565 984,9461 3,6451 2,0101 3,4801 2,7251 10,1181 12,7281 1,6781 47,0581 19,8551 13,4601 1351 7,615 9801 8,0401 01 6511 1,2311 8,144 10,535 1,9261 5,9691 3,825 18,4551 184,1631 1,169,109 595,901 21,591 6001 59,0151 72,794+ 71,100 43,2911 1,038,3901 9,2001 4,0001 4,1001 6,0001 9,7001 14,6801 5,000I 34,5251 17,000 16,100 500 15,0001 1,5001 14.0001 3,0001 7501 1,5001 9,500 14,0001 3,0001 7,500 3,5001 18,9001 212,955 1,251,3451 I i I f I I I I I I I f 595,901 21,591 25,000 44,824 9,902 11,220 5001 6001 59,0151 72,7941 71,1001 43,2911 1,038,3901 1 9,2001 4,0001 4,1001 6,0001 9,700 14,680 5,0001 34,5251 17,0001 16,1001 5001 15,000 1,500 14,000 3,0001 7501 1,5001 9,5001 14,000+ 3,000 7,5001 3,5001 18,9001 212,9551 1,251,345 I I 1 I I i 1 I BUDGET D BUDGET 3,462 3,013 3191 -10,775 -24,259 -21,018 -46,400 7,200 0 2,000 0 0 0 0 0 -8,516 -54,916I 1 Page 12 Page 13 (GENERAL FUND EXPENSE LINE ITEM I Worksheet 4: 1 Edited Date: 12124200E Edited B : India Riedel (PERSONNEL COST: I { 1100 EXECUTIVE SALARIES 1200 REGULAR SALARIES { 1400 OVERTIME I 1510 LONGEVITY/SERVICE INCENTIVE 2100 FICA 2200 RETIREMENT 2300 LIFE AND HEALTH INSURANCE 2400 WORKERS COMPENSATION TOTAL PERSONNEL COSTS: SUPPLIES AND OTHER SERVICES: I 3100 PROFESSIONAL SERVICES 3400 OTHER CONTRACTUAL SERVICES 3401 GARBAGE COLLECTION FEE 4000 TRAVEL AND PER DIEM 4100 COMM. & FREIGHT { 4300 UTILITIES 4400 RENTALS AND LEASES 4500 INSURANCE { 4600 R&M VEHICLES { 4609 R&M BUILDING & EQUIPMENT 1 4901 EDUCATION 1 4909 MISCELLANEOUS { 5100 OFFICE SUPPLIES I 5200 OPERATING SUPPLY { 5201 FUEL AND OIL 5202 OPERATING SUPPLIES (TIRES) I 5203 UNIFORMS 1 5204 DUMPING FEES { 5205 MOSQUITO SPRAYING { 5300 ROAD MATERIALS/SUPPLIES 5400 BOOKS, PUBLICATIONS, ETC 6300 IMPROVEMENTS 6400 EQUIPMENT ($750 OR MORE) (TOTAL SUPPLIES AND OTHER SERVICES: TOTAL COST: II DETAIL BY DEPARTMENT 2007/2008 2007/2008 I 2008f2009 I 2008/2009 Budget Amended Budget Revised 124,605 121,845 243,470 229,960 5,000 1,918 1,000 0 28,616 24,975 41,151 39,005 54,892 50,076 36,275 18,990 535,009 485,769 15,000 6,270 18,226 9,378 356,220 352,765 2,500 610 6,500 4,625 24,062 15,338 0 0 53,953 49,275 5,000 845 11,550 76,580 1,000 775 1,500 33 500 195 5,000 665 24,000 20,957 2,000 2,220 5,500 4,249 3,000 335 0 105 4,500 20,687 500 106 150,000 75,091 1,325 690,5111 642,429 5,000 50,600 24,853 342,664 1,500 6,200 21,525 0 36,175 4,000 11,550 1,000 1,500 500 2,000 30,239 3,000 5,500 1,000 36, 4,5001 4,500 500 500 49,124 49,124 1,200 1,200 546,6761 546,676 1,085,5021 1,085,502 BUDGET TO BUDGET 5,2851 10,7871 0 1,000 1,373 3,0861 -4,292 -11,422� 3,817 0 -10,226 -13,5561 -1,000 -300 -2,537 0 -17,7781 -1,000 0 0 0 0 -3,000 6,238 1,000 0 -2,000 0 01 0 100,876 1,200 -143,835I1 I -140,018 I Page 13 Page 14 IPUBLIC FACILITIES FUND - CITY OF OKEECHOBEE - REVENUE AND EXPENSES 2007/2008 2007/2008 2008/2009 Budget AMENDED BUDGET I IF/Y BEGINNING FUND BALANCE $ 1,594,402 1 S 1,207,193 S I (REVENUES I l I 1301-313.4100 LOCAL OPTION GAS TAX $ 435,150 $ 426,530 $ 1301-313.4200 LOCAL ALTER, FUEL USER FEE $ 198,036 $ 181,200 $ 1301-335.1220 SRS EIGHT CENT MOTOR FUEL $ 64,125 $ - $ 1301-312,3000 NINETH CENT FUEL TAX $ - $ 74,400 $ 1301-335,4100 MOTOR FUEL TAX REBATE $ 1,500 $ 3,071 $ 1301-361.1000 INTEREST EARNINGS $ 20,000 $ 29,130 $ 301-369.1000 MISCELLANEOUS { TOTAL REVENUE S 718,811 S 714,331 S I [EXPENDTTURES i 1 I301-549.3100 PUBLIC FAC.-PROFESSIONAL SER $ 100,000 $ 2,875 $ 301-549-3400 PUBLIC FAC. CONTRACTUAL SERVICES $ 44,774 $ 63,300 $ 1301-549-4300 PUBLIC FAC. UTILITIES $ 78,000 S 79,499 $ PUBLIC FAC. ROAD & MATERIALS $ 26,096 $ 22,736 $ 1301-549-5300 301-549-6300 PUBLIC FAC. IMPROVEMENTS $ 1,048,685 $ 522,688 $ 1301-549.6302 PUBLIC FAC. BEAUTIFICATION $ 10,000 $ 1,969 $ 1301-549.6400 PUBLIC FAC. MACHINERY & EQUIP $ 150,000 $ 139,977 $ I TOTAL EXPENDITURES $ 1,457,555 S 833,044 S I I REVENUES LESS EXPENSES $ (738,744) $ (118,713) S i { 301-549.9100 TRANSFER OUT TO GENERAL FUND $ 516,260 S 306,067 $ IFIV ENDING FUND BALANCE S 855,658 S 782,413 S Cost changes and Proposed Projects included in above cost I 301-0549-6300 Increased budget for carryover Sidewalk program, Right of way Drainage; Curb/Gutter Project, PW Equip Bldg, 301-549.6400 Replacement of Backhoe, $120,000; Sidearm Tractor/mower, $80,000; (removed dump Truck) { 1 I I (Removed Hybrid Emergency Vehicle and Dump Truck replacement) 2008/2009 REVISED 344,502 1 S 782,413 349,478 $ 349,478 131,151 $ 131,151 62,335 $ 62,335 56,802 $ 56,802 1,650 $ 1,650 19,500 $ 19,500 620,916 1 S 620,916 2,500 69,630 92,742 26,096 100,000 10,000 265,000 565,968 2,500 69,630 92,742 26,096 333,955 10,000 200,000 734,923 54,948 S (114,007 337,929 $ 337,929 61,521 S 330,477 Page 14 Page 15 )ND - CITY OF OKEECHOBEE TION - REVENUE AND EXPENSES 2007/2008 BUDGET IF/Y BEGINNING FUND BALANCE $ 6,481 REVENUES 302-331.3200 CDBG GRANT (STATE) $ 302-331.3900 CDBG GRANT E-10 302-361.1000 Interest Earnings 302-381.0000 TRANSFER IN -GENERAL FUND RESERVES I TOTAL REVENUES $ 1 I EXPENDITURES i l 1302-2552.3100 PROFESSIONAL SERVICES $ 1302-2552.4609 COMMERCIAL BUILDING REHAB $ 1302-2552.4909 MISCELLANEOUS $ 1302-2552.6300 SIDEWALKS & PEDESTRIAN MALLS $ 1302-2652-3100 PROFESSIONAL SERVICES E-10 1302-2652.3400 ENGINEERING SERVICES E-10 1302-2652.6302 SEWER LINES CDBG E-10 1302-2652.6304 WATER FACILITIES E-10 1302-2652.6306 STREET IMPROVEMENTS TOTAL EXPENDITURES S IREVENUES LESS EXPENSES 1302.9200 DUE TO GENERAL FUND I IF/Y ENDING FUND BALANCE $ 1 I 1 l 1 1 I 2007/2008 AMENDED 2008/2009 BUDGET $ 6,574 -1$ - $ 13,096 6,574 19,670 13,096 - $ 13,096 S - 1 is 6,574 $ $ 6,5741 1 6,481 I $ 6,574 $ - 1 1 2008/2009 REVISED l 01 0 0 0 Page 15 Page 16 CAPITAL PROJ IMPROVEMENTS - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES I �F/Y BEGINNING I FUND BALANCE REVENUES I ADMIIQISTRATION COST FOR IMPACT FEES �303-341.0000 303-361.1000 INTEREST EARNINGS 1303-363.2201 LAW ENFORCEMENT IMPACT FEES 303-363.2202 FIRE PROTECTION IMPACT FEES 303-363.2400 TRANSPORTATION IMPACT FEES I TOTAL REVENUI I 1EXPENDITURES i i 1303-0521-6400 LAW ENF. CAPITaL PROJECTS FIRE PROTECTION CAPITAL PROJECTS 1303-0522-6400 303-0541-6300 TRANSPORTATION IMPROVEMENTS 303-0541-6400 TRANSPORTATION CAPITAL PROJECTS 301-0549-6400 OTHER CAPITAL IMPROVEMENT PROJECT/COS' TOTAL EXPENDITURE; 1304-381.000 TRANSFER OUT TO GENERAL FUND TOTAL TRANSFER OU'. I i TRANSFER IN FROM OTHER FUNDS TOTAL TRANSFER It 1 DUE TO CAPITAL ASSETS 1 I I DUE FROM IMPACT FEE REVENUES I I �F/Y ENDING FUND I BALANCE I 1303-0521-6400 City match of 205/6 for countywide Radio Infrastructure Commerce Park Lot West 1/2 of Lot 17 1303-0549.6400 303-0549-6400 Ford Escape for Code Enforcement I Transfer in: I Water company proceeds w/accumulated interest I I i Accumulated Depreciation through 912008 2007/2008 BUDGET 664,978 2007/2008 AMENDED $ 702,149 2008/2009 BUDGET S 718,600 2008/2009 REVISED $ 718,600 $ 4,235 $ 553 $ 600 $ 600 $ - $ 12,352 $ 11,250 $ 1,125 $ 5,629 $ 722 $ 750 $ 750 $ 8,830 $ 1,110 $ 1,250 $ 1,250 $ 18,579 $ 2,267 $ 2,300 $ 2,300 S 37,273 S 17,004 S 16,150 $ 6,025 $ S S 102 $ 102 $ 553 553 $ 60,000 $ 60,000 $ 600 $ 600 $ 55,100 $ 55,100 $ 63,405 $ 60,000 $ 70,788 $ 194,193 $ 1,725 $ 1,725 $ 6,934,489 $ 6,934,489 $ 55,100 $ 55,100 $ 702,149 $ 718,600 S 674,150 $ 7,463,196 i 4 Page 16 Page 17 CAPITAL PROXVEHICLES - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES I I I I I WY BEGINNING FUND BALANCE REVENUES I I 1304-383.0000 CAPITOL LEASE PROCEEDS 1304-364.1000 DISPOSITION OF FIXED ASSETS 1304-361.1000 INTEREST EARNINGS I TOTALREVENUE I EXPENDITURES I I 304-584.4600 VEHICLE DECALS & INSTALLATION 304-584.4909 MISCELLANEOUS 1304-594.6400 VEHICLE & EQUIPMENT PURCHASE 1304-584.7100 PRINCIPAL 1304-584.7200 INTEREST I I TOTAL EXPENDITURES I 1304-381.000 TRANSFER IN FROM GENERAL FUND I IF/Y ENDING FUND BALANCE Based on 17 Crown Victoria; 5 Dodge Chargers Based on sale of 24 $18,400 2007/2008 BUDGET $ 2,041 2007/2008 AMENDED $ 856 2007/2008 BUDGET S 24,273 $ 468,803 $ 483,384 i $ 422,961 $ $ 441,500 $ 448,800 $ 441,600 $ $ - $ 21 $ 910,303 1 S 932,205 $ 864,561 $ 900 872 840 517,492 $ 539,164 $ 449,142 455,000 $ 464,298 $ 409,552 18,969 24,195 21,717 992,361 1,028,529 881,251 $ 78,000 $ 104,688 $ 79,000 $ $ (2,017)1 9,2201 85,583 2008/2009 REVISED I, 9,220 457,193 441,600 898,793 8401 5129601 467860 225491 1,004,209 104,925 9,7291 i Page 17 Page 18 LAW ENFORCEMENT SPECIAL FUND - CITY OF OKEECHOBEE RECAPITULATION - REVENUE AND EXPENSES I � 2/07/2001 200712001 2008/2009 BUDGET 1 AMENDED BUDGET IF/Y BEGINNING FUND BALANCE 1 $ 2,706 $ 2,547 $ 3,127 REVENUES I I 601-351.1000 I ADMINISTRATIVE FEES I f 1601-351.2000 CONFISCATED PROPERTY I I 1601-361.1000 IWTERESTEARNINGS I $ 1 I $ 38 1 $ 10 1601-369-1000 ,Misc. j { TOTAL REVENUE I$ 1+$ 381S 10 I I `EXPENDITURES � I I601-529.4909 I LAW ENF. SPECIAL MISC. I I 2,7071 01 601-549.6300 LAW ENF. SPECIAL RAPROVEMENT I 01 1 1601-549.6400 LAW ENF. SPECIAL MACH & EQUIP 1 0 � I TOTAL EXPENDITURES j i 2,7071 I 1 I F/Y ENDING BALANCES I $ $ 2,585 $ 3,137 i I I I I 369.1000 Remaining Funds have a very restrictive use 1 i I I I I I I i I I i I I I I j j I I I I I I I I I I 200&7009 REVISED 3,127 10 10 3,137 Page 18 ti To: Mayor and City Council Members From: India Riedel, Finance Dept. Brian Whitehall, City Administrator RE: Amended 2008 and Revised 2009 Budgets Date: January 6, 2009 Fiscal Year 2008 — General Fund • Revenues and Expenditures amended to reflect exact year-end totals. Actual revenues exceeded budgeted by 5%. The City's economic forecasting process prompted a more formal mid -year review of expenditures within each department. As with any business, the City's `livelihood' is based on revenue projections... i.e. no revenue = no expenditures. Knowing that revenues would be tight, departments scrutinized their expenditures and the end result was a favorable decrease in line item expense within each department. Fiscal year 2009 — General Fund • NO revision in General Fund revenues and expenses proposed at this time. State estimates provided during City budget workshops were revised by the LCIR (Legislative Committee on Intergovernmental Relations) in November 2008, decreasing sales tax estimates by 4.9% and decreasing fuel tax revenues estimates by 6.5%. Again, the City's conservative budget forecasting methodology has worked to the City's advantage and at this time adjustments are not warranted, albeit the spread has narrowed significantly. To date, the City has not been relegated to fund expenses from reserves and current LCIR estimates do not jurisdict that the City will be required to. Unfortunately, future LCIR amendments will determine if action of that magnitude will be necessary. Page 11 N Other Funds listing fly 09 revisions • Public Facilities Improvements Fund: additionadlsidewalk emergency improvements and removal of a dump truck anhybrid vehicle. • Capital Project Improvements Fund: transfer in for sale of capital asset and funding of depreciation of assets, add City's 20% match for the radio system through County administered grant. Commerce park lot purchase and Ford Escape for Code enforcement (prior year's - Crown Vic). • Capital Projects Vehicles: amend number of vehicles to 17 crown Victoria, and 5 Dodge chargers. -R Cost Reduction Plan (CRP) • As you recall, in connection with the 2008-2009 budget process, the City moved on a formal Cost Reduction Plan that has yielded considerable savings to date. A few of the noteworthy items are included on the attached memo and corresponding spreadsheet. Pa! To: Mayor and Council members through Brian Whitehall, City Administrator From: India Riedel, Finance Dept RE: Cost Savings Reduction Plan Update Date: 12/31/08 Attached are charts and data regarding Oct -Dec usage and cost specifically identified in the Cost Reduction Plan which was presented during the FY 2009 Budget workshops and subsequent hearings. Please note these are cost savings based on last year and this years usage multiplied by today's rate. In the cost reduction plan each department identified areas of immediate concern, ie: lights, temperature settings, equipment to be turned off, etc. Citywide Florida Power and Light statements reflect a reduction in KWH of 13,862, with a total savings of $9,843 for a 3 month period. Fuel consumption was also a key issue during our budgeting period as well as today. The Police Dept as well as the Public Works both made this an integral part of their review and cost reduction plan for the FY 2009. The police department has used 1019 less gallons of fuel and the Public Works Dept. 336 less. At today's per gallon cost of $1.63, this quarter we have saved $2,209. The Phone audit at City Hall and the Fire Dept. realized a reduction in 6 phone lines. Again, the first quarter savings $958. If these cost reductions continue the annualized savings should be $52,040. � f -lee,A , ✓ Fact check: Florida's budget cuts among worst in the nation By Michael C. Bender, Palm Beach Post, 12/5 iOpening the 12-day special session, the second time in 15 months that budget cuts have forced lawmakers back to Tallahassee, House Speaker Ray Sansom this morning sought to assure his chamber that Florida isn't much worse off than the rest of the country. "We are not alone in this effort," said Sansom, R-Destin. "We see states all across the county that are having very difficult choices to make, much like Florida. In several cases across the county, many states have much deeper reductions that are set before them." In fact, only three states - Arizona, California and Rhode Island - are facing larger budget shortfalls than Florida, according to the Center on Budget and Policy Priorities. A report from the budget center shows Florida's $5.7 billion shortfall this year (including the mid -year, $2.3 billion shortfall) equals 22.2 percent of the state's general fund. California's shortfall is 35.6 percent of its general fund; Arizona, 30.8 percent; Rhode Island, 24.5 percent. To see the referenced report, click below: http.//www.cbpp.orci/9-8-08sfp. htm