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2004-04-20 Regular746 r M 1915 AGENDA CALL TO ORDER - Mayor: April 20, 2004, Regular City Council Meeting, 6:00 p.m. 111. OPENING CEREMONIES: CITY OF OKEECHOBEE APRIL 20,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION Invocation given by Pastor Eddie Lamb of the Bethel Assembly of God; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 18 through 24, 2004 as "Crime Victims' Week." PAGE I OF 16 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 20, 2004 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Lamb, the Invocation was offered by Pastor Charles Moscato of Abundant Blessings; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk Proclaimed the week of April 18 through 24, 2004 as "Crime Victims'WeeK," and iead the proclamation in its entirety as follows: "WHEREAS, we as a Nation recognize crime victims'suffering, struggles and loss, and value them as our family members and Mends, neighbors and co-workers who have been harmed by crime; and WHEREAS, we as individuals and communides value core rights for crime victims that allow them to participate in justice processes with rights to information, protection, restitution, and to be heard, and WHEREAS, we value the critical assistance andservices thatprovide forcrime victims'basic needs, such as fair treatrnen4 dignity, respect and information, and the life essentials, such as safe housing, food, support for their children, transportation, counseling and medical services; and WHEREAS, we value those among us who work on behalf of crime victims to not only improve rights, services and treatment of victims of crime, I I I APRIL 20, 2004 - REGULAR MEETING - PAGE 2 OF 16 747 AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of April 18 through 24, 2004 as "Crime Victims' I Week" continued. B. Mayor Kirk Proclaimed the week of May 2 through 8, 2004 as I"Municipal Clerks'Week." IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2004 Regular Meeting. COUNCIL ACTION - DISCUSSION - VOTE but to also build a better and morejust community and country� and WHEREAS, we value ourright to be free from violence, to be safe in our homes and to live in peace in our communities; and WHEREAS, America as a Nation values liberty and justice for all, including efforts to protec4 enhance and expand crime victims' rights and services; and WHEREAS, America hasjoined together annually for the past 24 years to recognize the needs and rights of crime victims and survivors. NOW THEREFORE, 1, James E. KIrk by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the week olApril 18-24, 2004 to be Crime Victims' Week and honor crime victims and those who serve them duilng this week and throughout the year and that as individuals, as communities and as a nation, we continue to value crime victims and surylvors, and to value justice in our nation that includes and involves crime victims. " M rs. Dee Raulerson of the Juvenile Justice Department accepted the proclamation, and addressed the Council thanking them for recognizing Crime Victims Week. Mayor Kirk proclaimed the week of May 2 through 8, 2004 as "Municipal Clerks' Week," and read the proclamation in its entirety as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local govemmentexists throughoutthe world, and WHEREAS, the Office of the Municipal Clerkis the oldestamong public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local goveming bodies and agencies of govemment at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meeting of theirstate, province, county and intemadonal professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clark. NOK THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me, as Mayor of the City of Okeechobee, do hereby proclaim the week of May 2 through May 8, 2004, as "MUNICIPAL CLERKS' WEEK", and furthet extend appreciation to our Municipal Clerk, Lane Gamiotea and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent" The proclamation was accepted by City Clerk Gamiotea who thanked the Mayor and Council for their support. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for thE April 6, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. dlrz�� APRIL 20, 2004 - REGULAR MEETING - PAGE 3 OF 16 AGENDA V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2004 Regular Meeting continued. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2004 Warrant Registers: General Fund ............................. $340,490.98 Industrial Development Fund .................. $14,339.78 CDBG Grant Fund ........................... $1,386.09 Capital Improvement Projects (Vehicles) ............ $844.57 Law Enforcement Special Fund ................... $191.97 Public Facility Improvement Fund ................... $13.99 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 1� Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. COUNCIL ACTION - DISCUSSION - VOTE all t _: KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the March 2004 Warrant Register in the following amounts: General Fund, three hundred forty thousand, four hundred n inety dollars and ninety-eight cents ($340,490.98); Industrial Development Fund, fourteen thousand, three hundred thirty-nine dollars and seventy-eight cents ($14,339.78); CDBG Grant Fund, one thousand, three hundred eighty-six dollars and nine cents ($1,386.09); Capital Improvement Projects Fund (Vehicles), eight hundred forty-four dollars and fifty-seven cents ($844.57); Law Enforcement Special Fund, one hundred ninety-one dollars and ninety-seven cents ($191.97); Public Facility Improvement Fund, thirteen dollars and ninety-nine cents ($13.99); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:12 P.M. 749 APRIL 20,2004 - REGULAR MEETING - PAGE 4 OF 16 AGENDA COUNCIL ACTION - DISCUSSION - VOTE Vill. PUBLIC HEARING CONTINUED. A. 1. a) Motion to read by title only proposed Ordinance No. 853 pertaining Council Member Watford moved to read by title only proposed Ordinance No. 853 pertaining to Construction Licensing to Construction Licensing Enforcement Procedures with the City Enforcement Procedures with the City and County; seconded by Council Member Markham. and County - City Attorney (Exhibit 1). 11 b) Vote on motion to read by title only. Ic) City Attorney to read proposed Ordinance No. 853 by title only 2. a) Motion to adopt proposed Ordinance No. 853. b) Public Comments and Discussion I VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 853 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 660, PROWDING FOR INTERLOCAL AGREEMENT YV7TH OKEECHOBEE COUNTY, FLORIDA TO COMBINE AND CO-ORDINATE CERTAIN CONSTRUCTION LICENSING ENFORCEMENT PROCEDURES AND APPEALS FOR THOSE CONTRACTORS WHO ELECT TO WORK INITHIN THE CITY OF OKEECHOBEE, PROVIDING AND ESTABLISHING PROCEDURES FOR CITY STAFF TO INVESTIGATEAND PRESENTCONSTRUCTION LICENSING ISSUES OR WOLATIONSBEFORE THE OKEECHOBEE COUNTYCONSTRUCTIONINDUSTRYUCENSING BOARD; PROVIDING FORAPPEALS FROM BOARD DECISIONS; AMENDING ORDINANCE NO. 660 TO THE EXTENT NECESSARY TO PERMIT THE CITY AND OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCESS; PROWDING FOR REPEAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROWDING AN EFFECTIVE DATE. if Council Member Markham moved to adopt proposed Ordinance No. 853; seconded by Council Member Chandler. Mayor Kirk asked whether there were any comments, questions or discussion from the public. There were none. There was a brief discussion between the Council and Attorney Cook clarifying that with the adoption of this ordinance, the City will maintain receiving complaints regarding contractors, after an investigation, the complaint would then be turned over to the County Contractor's Licensing Board for final determination. The guidelines for this procedure are outlined in an interlocal agreement between the City and County. 750 APRIL 20, 2004 - REGULAR MEETING - PAGE 5 OF 16 AGENDA Vill. PUBLIC HEARING CONTINUED. A. 2. c) Vote on motion. CLOSE THE PUBLIC HEARING - Mayor. IX NEW BUSINESS. A. Consider Addendum to Craig A. Smith & Associates Engineering Contract - Gene Schriner (Exhibit 2). COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M.. Mr. Gene Schriner, of Craig A. Smith and Associates (CAS), addressed the Council explaining that four years ago CAS entered into an engineering agreement to assist the City in developing a Commerce Center. At the time the agreement was formed, the plan was to bid the entire project within a year. However, the first potential tenant was not able to obtain their funding. The project took many turns, CAS had to redesign the project many times. The project has now gone to bid. CAS has kept the funding alive, they understood they would not get paid, due to grant requirements, until the project started. CAS could have walked away, but they stayed the course, and they are here now to ask for some assistance. CAS has encumbered an additional $187,000.00 worth of work. The time line stretched way beyond what was anticipated. They are stretched as much as possible. As further explained in exhibit two, which is a letter from Mr, Schriner to the Mayor and Council which reads, in reviewing the original contract between the City and CAS, the additional services encumbered, fall in two categories. One, additional services outside the scope. Two, additional services beyond the funding allowed for under Section D of the original contract. The issues are: (1) The project has been delayed approximately three years due to circumstances beyond our control CAS accrued additional efforts during this time along with overhead and operational cost increases. (2) The site plan was completely redesigned due to unforeseen environmental issues. Additional effort was required to redesign, prepare preliminary plans and numerous additional cost estimates throughoutthe project. The new design required re -processing through the site plan review process including additional permitting. APRIL 20, 2004 - REGULAR MEE-rING - PAGE 6 OF 16 751 I FJ AGENDA IX. NEW BUSINESS CONTINUED. A. Consider Addendum to Craig A. Smith & Associates Engineering Contract continued. COUNCIL ACTION - DISCUSSION - VOTE (3) The project required two additional unanticipated bids/contracts. Our scope was for letting of one bid/contract for the entire project. The two additional bids were NEMW 9th Street and Contract 1A in the park. The NE/NW 9th Street project was initiated to facilitate expenditures of a $300,000.00 appropriation within the required time frame so that funding was not lost. The Contract 1A was initiated to lock -in and retain the grant dollars from EIDA. Both these changes required additional effort and services related to the preparation of contract documents, services during bidding through contract award, construction management services and construction observation services. Contract 1 A required final design plans for a small portion of the designed and proposed roadway. Additional survey effort was necessary, as time constraints required CAS to provide a design survey prior to completion of the boundary survey. This required additional costs. (4) NE/NW 9th Street intersection improvements required additional coordination with the MOT so both projects (U.S. Highway 441 North widening and NE/NW 9th Street) would be constructed without conflicts. This involved additional meetings, importing and overlaying the U.S. Highway 441 plans with ours, drainage and area calculations. It also involved preparing multiple preliminary roadway layouts as many combinations of turn lanes and road alignments were contemplated for various right-of-way acquisition strategies. (5) Several sketches and legal descriptions were prepared to support the intersection improvements contemplated above. (6) Sketches and legal descriptions were prepared in support of the right-of-way taking for NE 9th Street west of Taylor Creek, which was unexpected. (7) Additional gopher tortoises' locations were encountered on -site than indicated in the preliminary engineering report. These were located in direct conflict with the road construction planned to lock -in the funding (Contract 1A). This required redesign of the road again in another location. It also required additional survey, all the holes had to be field surveyed and located. Two unanticipated permits were required, one for an emergency taking to facilitate Contract 1 A and one for the rest of the project. This involved both additional engineering and environmental coordination time. (8) Groundwater monitoring wells were added to the wetlands to aid the permitting process. This also allowed the City to utilize additional acreage without mitigation costs. This involved additional survey efforts. 752 APPJL 20, 2004 - REGUIAR MEETING - PAGE 7 OF 16 AGENDA IX NEW BUSINESS CONTINUED. A. Consider Addendum to Craig A. Smith & Associates Engineering Contract continued. COUNCIL ACTION - DISCUSSION - VOTE CAS is working diligently to complete this project, as it is still a high priority. We are still committed to the City on this project and do not intend on abandoning our efforts with the City. Mayor Kirk asked exactly what was the amount CAS was asking for? Mr. Schriner responded that we have documented $187,878.00 worth of additional services. However, we are only asking for $135,000.00. There was a lengthy discussion regarding this request between the Council, Administrator Veach, Mr. Schriner and Mr. Jim Orth (also of CAS). The original engineering contract was for $409,000.00, which was expected and is still expected to be paid by grant funds. It was perceived up front that there may be additional engineering costs and those were suppose to be absorbed by the first proposed tenant (Sheffield). However, the City will now have to cover those additional expenses, from reserves since Sheffield is not longer part of this project. CAS agreed with Administrator Veach in that, "we see the light at the end of the tunnel," the project is still doable within budget. Tonight is the point of no return, should the Council approve items on tonight's agenda, the City is in for millions, but will recoup most of it. When Council awards these contracts tonight, there will be an industrial park out there, a bridge and railroad spur. During the construction bid award item, everything will be approved except the bridge, a rail spur and lift station. Staff had to pull the lift station since it came in over cost estimates, it is being sent for rebid to get a more competitive price. It was asked whether there will be any additional engineering expenses that the City will be expected to incur, and wanted clarification as to whether the bridge, rail spur or lift station was included in the $135,000.00? Mr. Orth and Schriner responded this was all the additional expenses and the three items were included in the amount. It was also asked whether this was all that would be coming from the reserves fund, Administrator Veach answered, no, a developer's agreement with the Okeechobee Utility Authority (OUA) with a cost of $77,180.00 for water and wastewater capital connection fees would also need to come from the reserves' fund. Staff also responded, and Council Member Markham concurred that the City will be able to realize the money back into the reserves with the sale (or leasing) of the park land, noting we have one tenant now. Administrator Veach commented that after the initial costs are recouped, the Council will need to decide where the funds will go from the sale (or lease) of the other properties. He suggested it would all go in reserves. Once the development is up and running with infrastructure, the City's only responsibility will be to maintain the roads, just like anywhere else in the City. The Council will also need to decide how they are going to set up and use the rail spur. There are several ways to do that, sale the spur to one owner or set up a fee for use of the spur, the fee's would be used to cover maintenance costs. APRIL 20, 2004 - REGULAR MEETING - PAGE 8 OF 16 753 I L I AGENDA IX. NEW BUSINESS CONTINUED. A. Consider Addendum to Craig A. Smith & Associates Engineering Contract continued. B. Consider approval of a Developer's Agreement with Okeechobee Utility Authority, pertaining to the Commerce Center - City Administrator (Exhibit 3). COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk noted, we all work for a living, and this is a large amount of money, We all know how expensive this process is, the City appreciates that CAS has stayed with us, in good faith. At any point they could have "balked at us" and we would not have completed the project. We, the Council, are not taking this lightly, this is a lot of money. He (Mr. Schriner) has documented more than he is asking for, and we appreciate his willing to settle for the $135,000.00. There are some firms that would have walked away a long time ago. Council Member Wafford moved that we authorize a (contract addendum) Davment to Craila A. Smith and Associates in theamountof one hundred thirty-five thousand dollars ($135.000.00) for (additional) enclineering services (reauired in the develooment of the) Cltv Commerce Center: seconded by Council Member MarkhaaL VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the Developer's Agreement with the Okeechobee Utility Authority, pertaining to the Commerce Center in the amount of seventy-seven thousand, one hundred eighty dollars ($77,180.00); seconded by Council Member Markham. Exhibit Three is a copy of the proposed Developer's Agreement between the City and OUA. Fees are outlined as follows: Administrative Fees - $1,280.00 (document recording fees 18 pages @ $10. per page $180.00; Inspection Fees 30 hours'@ $20. per hour $600.00; Administrative Fee - cost of processing agreement, plan review and project tracking through Certificateof Occupancy $500.00), WaterCapital Connection Charges $26,400.00 (33 ERC'sx$800.) and Wastewater Capital Connection Charges $49,500.00 (33 ERC's x $1,500.). Council and Staff discussed this item. The City is providing the water and wastewater capacity reservation for two years for the first tenant of the Commerce Center. This ensures the first tenant will have adequate water and sewei capacity. All tenants from here on will work out their own connections with the OUA. 754 APRIL 20, 2004 - REouLAR MEETING - PAGE 9 OF 16 AGENDA IX. NEW BUSINESS CONTINUED. B. Consider approval of a Developer's Agreement with Okeechobee Utility Authority, pertaining to the Commerce Center continued. C. Motion to award the Commerce Center Construction Contract - City Administrator (Exhibit 4). COLINCLACTION - DISCUSSION - VOTE The topic of discussion then briefly was focused on the OUA's available capacity and the amount of proposed growth within the City and County, Economic Council Director, Joey Hoover addressed the Council stating he supports the City's Park, and that the Economic Council would like to see the project developed. However, he was greatly concerned with future water and wastewater capacity at the OUA. He strongly urged the Council to attend a workshop on Thursday, April 22 at 5:30 p.m. to be held in the County Annex Building between the Commissioners and OUA Board. Capacity will be a topic of discussion. He also suggested the City go ahead and hold capacity reserves for at least one other tenant, just in case, to keep from holding up potential developments in the park. When Council Member Watford asked why it was not a County, OUA and City workshop, Commissioner Abney responded that this was a regularly scheduled workshop the County holds annually with various Boards. This is a public meeting, it was advertised and the Council can attend. Mayor Kirk instructed Administrator Veach to attend the workshop on behalf of the City and encouraged everyone else to attend. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to award the Commerce Center Construction Contract (Base Bid only) to Ranger Construction of Ft. Pierce, in the amount of two million, nineteen thousand, nine hundred eighty-two dollars and eighty cents ($2,019,982.80); seconded by Council Member Williams. This is a unit price bid. Items can be pulled to keep the entire project within budget and on schedule. The lift station was already pulled and rebid as a separate item. Council Member Watford cautioned everyone by commenting, "everyone knows the budget is tight and staff will be making changes to the project to keep it from going over, but from experience, should we take something out of the project, whatever is left or modified still better work." CAS Project Manager, Jim Orth responded, absolutely. Administrator Veach noted one change would be for the City to pave the road from Douglas Park to the new lift station. The City can do it "in house" for less, and mark the "No Truck Traffic" areas that will also serve needs of citizens who live in the area. As more job creators come into the park, the City can apply for additional grants to assist with funding to continue the construction of the park. APRIL 20, 2004 - REGULAR MEETING - PAGE 10 OF 16 755 ff�44_klllll IX. NEW BUSINESS CONTINUED. C. Motion to award the Commerce Center Construction Contract to I Range Construction for $2,019,982.80 continued. D. Approve Deed Restrictions for the Commerce Center - City Attorney (Exhibit 5). I E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting - Richard Gibney (Exhibit 6). I COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook asked the Council to review the copy not marked exhibit five, this is the most revised version. He faxed a copy of these proposed deed restrictions today and spoke with Mr. Meyer. A sale contract is anticipated to be presented on the May 4 agenda. Attorney Cook requested that the Council postpone adopting the deed restrictions to allow Mr. Meyer the opportunity to give his input or discuss them. He then reviewed the proposed restrictions noting the following items: This is standard deed restriction language. The City has the right of first refusal, should an ownereverwish to sell their parcel. The City will have the right to review sales to other companies and can also look at the companies to make sure they work with the restrictions. There are mechanisms in place, such as, routine maintenance fees'assistance system. A Capital Improvement Fees system. The architectural controls are spelled out, with the Technical Review Committee's role and that of the Design Review Board. The proposed "uses" are broader than existing permitted uses within an Industrial Zoning District, but since these are stricter, they would take precedence over the current Land Development Regulations. Environmental issues have been addressed, noise, gas, etc. They require standard building requirements, landscaping, lighting, as well as insurance requirements. The restrictions follow the land, not the tenant. Attorney Cook commented further, that he did not think they were so stdct that they would scare off potential tenants, but that there are enough controls for the City. There was no official action taken on this item. Mr. Richard Gibney, Senior Professional Associate of HDR Engineering, Inc. of Tampa distributed a packet of information of the items he will cover, in addition to the information supplied in Exhibit Six. HDR Engineering requested that Berryman and Henigar conduct an assessment for existing programs providing Non -Point Pollution Discharge Elimination System (NPDES) Phase 11 compliance in the City. They have also drafted a Notice of Intent (NOI). The NOI contains all of the materials and information required for a complete submittal to the Florida Department of Environmental Protection (FDEP), except the application fee, to receive generic permit coverage for stormwater discharges from the City's separate storm sewer system (MS4). The NPDES is part of the City's Stormwater Master Plan which is part of the clean water act. 756 APRIL 20,2004. REGULAR MEETING - PAGE 11 OF 16 AGENDA IX NEW BUSINESS CONTINUED. E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting continued. COUNCIL ACTION - DISCUSSION - VOTE The Environmental Protection Agency (EPA) is the delegated authority to FDEP. This is for large and medium size cities. Additional communities have been added based on size and Total Maximum Daily Loading (TMDQ phosphorous level designation, Okeechobee has high TMDL levels. The City must address the following six Minimum Measures. Listed with each rule are recommendations and time frames to achieve implementation of the best management practices of the measure: 1. Public Education and Outreach. The City must implement a public education and outreach program to conduct presentations or other initiatives that will reach all sectors of the community, and distribute educational materials to all sectors of the community about the impacts of storm water discharges on water bodies. The City must teach the steps that the public can take to reduce or prevent pollutants in storm water runoff. Recommendation: That the City begin to develop various public education materials outlining the impact of storm water discharges to the City's MS4. These materials should include information of steps that the public could take to reduce or prevent the discharge of pollutants including household chemicals, automobile fluids, yard debris, and other prohibited substances into the City's MS4, including roadside ditches and swales. Brochures and videos for this purpose have already been developed by other Florida governments, such as Pinellas County and Hillsborough County. The City should develop a pamphlet that specifically speaks about storm water pollution prevention and the sources of storm water pollution. The pamphlet should be developed in cooperation with Okeechobee County in order to provide the citizens with a consistent message about storm water pollution and its impacts on the Okeechobee environment. Development and implementation costs could be reduced to both the County and the City if the public education and outreach effort is based upon regional needs rather than the needs of two separate entities. 2. Public Involvement and Particir)ation. The rule requires that the City give all members of its community the opportunity to be involved in the local NPIDES program, by providing notice to the public of NPDES-related activities, programs, and opportunities for participation. Include the public in developing, implementing, and reviewing the stormwater management program. Recommendation: The City should begin to develop NPDES-related programs and activities which involve the general public in the implementation efforts including ordinance development, retrofit drainage projects, and other activities. APRIL 20, 2004 - REGULAR MEETING - PAGE 12 OF 16 757 AGENDA IYL NEW BUSINESS CONTINUED. E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting continued. I I COUNCIL ACTION - DISCUSSION - VOTE 3. Illicit Discharcie Detection and Elimination. The operator of the Phase 11 MS4 must: (1) develop, if not already completed, a storm sewer system map, showing the location of all known outfalls and the names and location of all surface waters of the State that receive discharges from those outfalls; (2) to the extent allowable under State or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into the storm sewer system and implement appropriate enforcement procedures and actions; (3) develop and implement a plan to detect and address non-stormwater discharges, including illegal dumping, to the system; and (4) inform public employees, business, and the general public of hazards associated with illegal discharges and improper disposal of waste. Recommendation: The Comprehensive Plan contains Goals, Objectives and Policies that are intended to direct the City in its conduct. It does not contain prohibitions, or otherwise function as an ordinance. It is therefore recommended that the City adopt a new section of its code specifically addressing the NPDES permit requirements, with a section specifically prohibiting discharge or dumping of anything except stormwater into its stormwater management system, including any channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, or swale, or any inlets thereto, or any stormwater treatment ponds. The ordinance should directly prohibit discharge of any material that causes violations of the State's water quality standards contained in Chapter 62-302, F.A.C. The City should assign primary responsibility for enforcement of illicit discharges to a single responsible party, or section. The City should provide training for all staff members whose work takes them into the field, so that they will be able to recognize illicit discharges and know how to report them. Considering the limited manpower available to the City, this effort could be enhanced by providing training to a selected group of citizen volunteers. This has been successfully implemented by several Phase I communities. The City should assign a single telephone number for use by citizens in reporting illicit discharges, and provide public promotion of the number, including how citizens can recognize and report potential illicit discharges. This could be a phone number that citizens already use to report flood complaints or suspected code violations. Considerable material already exists from other local governments that can be used for this purpose. The FDEP is currently overseeing a project to develop a Stormwater Master Plan for Okeechobee County and the City of Okeechobee. Identifying the existing storm sewer system is part of this project. This goal overlaps with the NPDES phase 11 permit requirement to develop a map of the City's MS4. The City should ensure that all MS4 mapping opportunities are maximized. '758 APRIL 20, 2004 - REGULAR MEETING - PAGE 13 OF 16 AGENDA IX NEW BUSINESS CONTINUED. E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting continued. COUNCIL ACTION - DISCUSSION - VOTE 4. Construction Site Stormwater Runoff Control. The rule requires the City to develop an ordinance or other regulatory mechanism in order to establish a construction program that controls polluted runoff from construction sites. The construction program must apply to projects that have a land disturbance area greater than or equal to one acre. The program must require that construction site operator implement appropriate erosion and sediment control BMPs, as well as proper management of construction debris, litter, sanitary waste and other construction by-products. Also, the review and approval of site plans must include plans specifically describing the methods that will be used by the construction site operators to control stormwater runoff, erosion and sediment. Recommendation: It is recommended that the City amend Section 921.1d of its Land Development Regulations to include protection of the City' stormwater management system from discharges of materials other than stormwater from construction sites, making specific reference to the requirements of the NPDES rules. It is further recommended that the development plan submittal requirements in Section 13.02.07.C.3(g)(1) be amended to include requirements for a plan to provide erosion controls and containment for construction site materials, wastes, and litter that may be exposed to rain or wind during construction. Construction site inspection staff should be provided with training and a basic field checklist to clearly understand what they should be looking for when inspecting for erosion controls, stormwater BMPs and site litter control. 5. Post -Construction Controls for New and Redevelopment. The rule requires the City to develop, implement, and enforce a program to reduce pollutants in post -construction runoff to their MS4 from new development and redevelopment projects that result in the land disturbances greater than one acre, Recommendation: The City should choose to designate the SFWMD for compliance with Minimum Measure Number Five, as allowed by 62-621.300(7)(a)X. "Qualifying Alternative Programs," F.A.C. The draft NOI provided with this document reflects this recommendation. 6. Pollution Prevention and Good Housekeer)ina for Municipal Operations.The rule require the City to develop and implement an operation and maintenance program that has the goal of preventing or reducing pollutant runoff from City activities, such as park maintenance, fleet and building maintenance, and stormwater system maintenance. It also requires training of employees to prevent and reduce stormwater pollution from City activities. APRIL 20,2004 - REGULAR MEETING - PAGE 14 OF 16 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX NEW BUSINESS CONTINUED. E. Presentation related to Storm Water and a Notice of Intent related Recommendation: Operational BMPs should include recycling of office paper and aluminum from City facilities. Other to FDEP Storm Water Permitting continued. BMPs for municipal facilities could include continued use of least toxic alternatives for grounds and facility maintenance, continued scheduling for MS4 and canal maintenance, and incorporation of water quality BMPs with MS4 repairs and improvement plans (for example including inlet baskets to capture leaves and floatables.) The City should ensure that the City construction inspectors and inspectors and inspector supervisors are trained to conduct erosion control inspections, through FDEP or another organization. Contractors hired by the City to conduct or manage City -owned construction projects should also be trained to implement, maintain and inspect erosion controls. A course in erosion and sediment control is offered by the FDEP at locations around the State, and information about upcoming classes may be found on the FDEP Stormwater website. Other training that provides compliance with this Minimum Measure includes: pesticide applicators' certification; continued first response and spill containment training for hazardous material's spills and sanitary sewer discharges; non-stormwater discharge identification and investigation training; water -wise landscape training for City landscape maintenance crews; Integrated Pest Management (IPM) training for landscape and facility maintenance crews. The current status of the storm water master plan is that the rule making is complete. The City has been designated as a permittee. The permit application needs to be completed within six months following formal notification. Today serves as information notification. The study objectives are to develop an inventory of existing storm water and sewer systems. They will review existing information, develop a GIS map, then develop an accessible data base, inventory pipes and inlets, create a numbering system, give the structure condition and the size. Develop a water quality model. LOW WAM model was refined by adding existing sewer system, stream/canal buffers and septic tank phosphorus loading criteria. Identify water quality problem areas by the highest percentage of total phosphorous in the study area within City and identify flooding problem areas. Develop short-term and long-term Capital Improvement Programs (CIP). The current status of the study is that the draft report has been developed. A copy of the flooding and CIP sections have been sent to City Engineer. It is in review for final editing. We wanted you to be aware that all these requirements are coming, we do not know when, but wanted you to be advised of this. One of the things we would like to do is get the City, County, SFWMD, OLIA and DEP to hold a joint workshop or meeting to share information with each other. You will have to work together on this. 759 760 APRIL 20, 2004 - REGULAR MEE'rING - PAGE 15 OF 16 AGENDA IX NEW BUSINESS CONTINUED. COUNCL ACTION - DISCUSSION - VOTE E. Presentation related to Storm Water and a Notice of Intent related Administrator Veach asked whether someone was currently forming a meeting for all these parties. Ms. Kim Sugar, to FDEP Storm Water Permitting continued. of DEP, responded, yes she was taking the lead to try to put the workshop together. She advised that should the City I have any specific issues, to let her know so they can note them for topics of discussion at that workshop. Council Member Watford questioned, DEP's main concern is quality, and our main concern is flooding, and where does that fit into this? Mr. Gibney answered, it all works together, we have a general idea of where most flooding areas are. Mr. Watford then continued, we know we have got to get the permit, at some point are we going to be told "you now have to do this by this deadline?" Mr. Gibney then responded that he did not know how DEP would handle that. Some of the larger cities, for example Miami, they have come down hard on, smaller cities have not had it so bad, they want to know you at least have a plan in place and there are some funds available in grants to assist you with meeting the permit requirements. In order for you to go to your state legislatures and ask for those funds, you need to be able to give them your plan and show the need. Ms. Sugar also clarified, the Stormwater Master Plan addresses both quality and quantity. The Permit is a separate issue. This plan will help us identify problem areas. Some areas will be easily fixed, but some will be large engineering projects, for example, the Southwest section. DEP and SFWMD have funding to address the larger areas. The City will need to come up with their own funding source, as a lot of communities have them, however, some rely on County funding. These are issues you need to address and be ready to handle. She also noted that the City should not put anything in the plan that you cannot do. A draft of the plan is done already for you. The Council thanked Mr. Gibney and Ms. Sugar for their time and information. F. Discuss realignment of Regional Planning affiliation - Councilman Council Member Watford asked the Council whether or not they would support a resolution that would request Watford. Okeechobee be moved from the Central Florida Regional Planning Council (CFRPC) to the Treasure Coast Regional Planning Council (TCRPC). Mr. Watford is the City's liaison to the Treasure Coast Council of Local Governments. This group is made up of representatives from Okeechobee, Indian River, St. Lucie and Martin Counties and all the cities within those counties. This group has the same areas of concern in regards to growth, traffic and economic impacts. However, the Central Florida Regional Planning Council, which includes Highlands, Polk, and more "Central Florida" type counties and cities, have different issues and areas of concern than Okeechobee. The TCCLG is requesting each participant consider a resolution that would move Okeechobee to the TCRPC, and move Palm Beach County out since they are not the "Treasure Coast" area. The idea is that it would give this Treasure Coast area more input and a stronger voice regarding state mandates, economic impacts, planning, growth, and traffic impacts. AGENDA IX NEW I1U11NE1S CONTINUED, F. Discuss realignment of Regional Planning affiliation continued G. Motion to temporarily close a portion of Northeast 4th Avenue between Northeast 3rd Street and Northeast 5th Street - City Clerk (Exhibit 7). X. ADJOURN MEETING - Mayor. Please take notice and be ad'vised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure the e atim record of the proceeding is made, which fec�td includes the testimony and evidence up ich e appeal is to be ase City Clerk tapes are for the sole purpose Df backup for official records o e Clerk.. b 6 JW/ ATTEST:' Jam es E. irk, Mayor Lane Gamiotea. City Clerk APRIL 20, 2004 - REGULAR MEETING - PAGE 16 OF 16 COUNCIL ACTION - DISCUSSION - VOTE Commission Abney, who was present, and the County's liaison to the TCCLG stated that he will also be presenting a similar resolution to the County Commission for their consideration. Council Member Watford indicated that should this change be successful, it will set off a chain of events. The group has no idea how Palm Beach will react to the request, nor whether the CFRPC will be impacted by it. The consensus of Council was to present the resolution at the May 4 meeting for consideration. Council Members Watford and Markham made a motion and second that was immediately withdrawn. The application had the incorrect street. Council Member Watford moved to aDDrove a temDorary street closina (bv B&B Construction) for Northwest 3rdAvenue between 3rd and % Streets (until ADrill 26. 2004 for the installation of a wastewater line to service the new Judicial CornDlex): seconded bv Council Member Markham. Council discussed what the paving condition would be once the work was complete. Mayor Kirk instructed Public Works Director Robertson to stand his ground with making sure the road returned to its normal condition, and not just patched. Council Member Markham also suggested that should any issues arise, and Council needs to make a decision, to bring it to them before the situation goes too far or out of hand. Council also requested he keep them informed on the project. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the April 20, 2004 meeting at 7:52 p.m. The next regularly scheduled meeting is May 4, 2004. 761 20,2004 OF XECHO BEE - APRII OLAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES ------------ 1. CALL Ta_0RDER_-_Mi0_e.'__ April 20._20G4._C-NVCoUn L III OPENING CEREMONIES: Invocation given by Pastor 66 Idlil�b of the - . - -1 0 ;.&=0;_�v-Pledge of XiW. I.—P.4m TAFF ATTENDANCE - Cky C[wL Mayor James E. Kirk X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams X City Attorney John R. Cook X X _i'___7CWCl6A Lane uanfibl6da­ - -- ---- - Deputy Clul;cmddriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. - V. -'-.---Mayor Kirk Prx--lairned-the Week of AO" 8 through 24, 2004 -as-- ictimq, 1iVW__anj:1_reajithLe__ proclamation in its entirety as follows: "W4EREAS,weasafttionre o �!,�crlmevictims'sufferingstru esandlossand .9gl value them asour family members and friends, neighbors and co-workers who have RJ Wr7GING/1%;;F, We OS Irful VILMU11.7 arru lirrif rante core­ J I-&" 1Ar7J% J!!` A A� S torcrime victims that allow them to partidpate injusticeprocesses with rights -o o ormat r�n r to ation, protection, restitution, and to be heard, and WHEREAS, we value the smh as - the life essentials, such as safe h o a Ping, food, support for their children, transportation, counseling and medical see-14cem--and WHEREAS, weWfue-those-amutiq w, who­wm*on­behaffvf crimevict�ms­- AMR r�qlhfs. services and treatment of victims, of crime, but to also a 5e tter and more just community and country- and WHEREAS, we value our 0 1ve- peaw irl wr r1y) f- T and- 10YEREA 5,_,Ajwxica, t 7s a_/V on values 16140 114 -;�t ;� oir� 10 - ------- - Y-4 _jq A efforts to protect, enhance and expand crime victims'rights and services, - an WHtktA.5, --the and_rig�,of crime -victims and survivors, -NOW THEREFORE, es E Kirk, by virtue of the authority vested in me as Mayor of the City of ee, o robe 6-r-ft-erlerlm' ---A4*k,­and honor_cri�ne victiMs--and -Yhose_who__serYz.them,. diring- thisr -week and thr�lghout the year and that as individuals, as communities and as a nation, we co� -to vakie _c__rim___e vi`cMns and"survivorv,_ -4w440es-and -involves -cr4me---vict.,)ns,v-Mrs--Dee- Raulerson of the JmYeni1e,1ust�ce_______ _T71- 0 0 PAGE 4- IN P - rent-*L�pted �he-proclamt4otv, en4addressed, the Couneil t-��*hem -for recd e victims week. gnizing crim B. Mayor KjA Prodaimed the we.0 Qf.May 2throttgh 8. 2QQ4 as uMunic ipol CjerK$'WQ0k," and rQ4d the proclamation in its entirety as follows: "Whereas, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world,- and Whereas, the Office of the Municipal Cler*is -the o1'UqWPr ammig pubficiw-mmt -and Wherws, theO)Wce-qf,the M&Wq*1 �71e!-k pro v44*s the professional link between the citizens, the local ' ' bodies yov�rn�nq and,agencies of government at other levels,- and Whereas, Municipal Clerks -have lc�jyau to L�& t, o,�., i,dndfulof theirneutra1Hyand­iqpartia#ty, render4h . gequialservice to a/Z and Whereas, the MunicipalClerk serves as the information center on functions of localgovernment and community. Whereas, MuWi�ipaiCi�rk� c­on-t0w'-­1__1y stHve to improve- the a -dim- ti V tivfl of, the -affairs -o f the- - Office of � AH-re M, vHh:.,�pd/,C1et*- thr ,q#qkPartiq0qt* in education Proqrams, seminars, s "and the.annual meeting of their state, province, county and internationalprofessiongl organizations, and -Wherear, it is- most appi vpriate, that we- , c,..y,,ize the -or c omph'.7c 01-1 -FICI-1 -10-of the Offjce of the Muniq*/ Clerk. Now Therefore, r, a E irk, b ­,rl mes .­ X­ _,v virtue of Me authority vestedinme, asMayorof the Cityof Okeechobee, doherebyproclaim the weik of May-2 through May 8, 2004, as­'*Wr�CrPAL CZ-Eft5`WEa-'1­and further ext�nd appreciation to our Mury�c6p pl 6�lqrk, Lane 6amiq tea and to a// Municipal Clerks for�the vitalservices theyperform and their exemplarydedication to thecommunities they reopresent. "The proclamation was accepted -by City Clerk Lane- &amiotea who thooked the Mayor and Council for their support. V. - ONWES c4ZIG& AL Council Memberl, �dl e oved to dispense with the reading and approve the Summary of Council Action for the Ap Hil 6, 2004'Regular Meeting; seconded by C&dridfliMdrffib&-16��There was no discussion on this item. VM YEA --NAY ABSTAIN --ABSENT W X '0"MER x MA16(HAM x W#10bilb X V11111.41AMS- X MOTION: CARRIED. VI. WARRANT REGISTER - Clltv Administmtor. A. " Counel MeMbe, Ved to appiuvt1tre March-2004 Warmnt-fkegWer,inibe,,fbl'owli.9 - 1�0 I amounts: General Fun three hundred foqLhousand, four hundred ninety dollars and ninety-eight cents ($340,'4_.98);_'1n'dustrii1_ bev" e- I o -p- n . ent Puin­d, -f�ou-rte�'e�'n�-'.t-h-o--u-sa-nd.,-'�-t'f�r-e"e'*-hbn-d"r'ed thirty-ffine ddarsand,seve*-eightcants-($144M.CDB-G-G.rant Fund.-grie th A eiq� ty six dollars and nine cents ($1,386.09); Capital Improvement Projects (Vehicles), eight hundred forty- 4ow-doNars- Afk, . wvlxy-�"' .57A-aw Enforcement Special-FundoAe hundred nine4-one dollars and ninety-seven cents ($191.97); Public Facility-Jimrovement Fund ,,thirteen dollars and ninety-ninecbnt�($1"3-.99);sedondedbyCoUncilMemb6g$�! �hdc T-herewas'no discussion on this item mT"P-9 YEA NAY -ABSTAIN ABSENT X ---' -- -1'' - --� -- -- - -- - --'- - - - - ---' --' ---- - -- - - / _ -_CW,ND1 ER '___. --- -_- __---- ---- '--- _--- -'-__ ___ ______ --___'__' _ __. -- - __ wml'uwqn _��7Q to U�� No853 pertaining to Construction Licensing Enforcement Procedures with the City and County - City Attorney YEA NAY A13STAIN ABSENT Attorney Cbo& —read- proposed Ordinance No. 853 by title only as tollows: 2. a'' Council MembQrA Public comments ana aiscussion-.'-There was no one. or �bpted out all county governing, this is a 2 step process, I to participate and 2 ... q) Vote on motion. or C "o pt WA FORD X 0 ON: CARRIED. | -1-1 7 1 �77 0 0 W0RIQM4LQM-7M-PMIC HE A MQ_ A -P 6" PIA. Dc 'NEWBUSMMI A. ,, Consider Addendum to Craig A. �mith & Associates Engineering Contract - Gene Schriner(Exhlbilt 2). Gene Schriner, of CAS addressed the Council explaining that we entered into this projo-ct 4 years- dgdf fobked-dt -going out to blid-withtn' ayedr, that -tenant went away, pro" ct took, mapy-tums, had. to, redc i projectmqny In jimes, we have.now gone to,bid, we have kept the funding alive, understood we would not get paid until grants and Project stdfft-d', d6uId KdVe walked dwdy, stayed, the c6UrSe, here -now ta'ask f or some assist,ance at point -the point CAShos, encumb.cred $10.7.QOQ.QQ, asJking. for help and assistance since we've kept it going, project took to many turns from what we f , irst came in here With,'dnViodtiffi dl issutt urtforge6h, outside coMuftnts We had,to tfirte bastd on regulatory requirements, time line stretched way boy 1 1 Qnd_ what was., anticipated, we are stretched as much as possible. Gene,explained in exhibit two,, that in reviewing.the original contract betwoqn the City and CAS the additional services, which he is requesting payment for, fall in two cate§o1;;Ies - I additional services outside the scope.m-d 2 additional services beyond the funding allowed for under Section D of the contract. The! ''issues are 4-the p0dject has been diildyed' appedg-ofidtely-I years -due to circumstances beyond our. -control. CAS accrued additional effort. during this time. along with overhead and operational costs increases. 2-TNe site plan was completely redeisiJined du6 to unforeseen envi0ohMentdi fittutf. Additional effort was,required to redesign,,, prepare prelftWnar.y plans and -numerous: additional cost estimates throughout the project. The new design required re- pr Ocissing through the sitiplan review proces�t -includih§� additi6rOl- permitting. 34he project. required 2 additional unanticipated.bids/contrac-ts., Our scope-was.for letting of I bid/contract for the entire project. The 2 additional bids were NE/NW 9'h Street project and Contract IA in the park. The NE/NW 9th Stftet'Project was initioled to facilitate expenditure of a $300,000.00 appropriation within the required time �f rame in order that funding was not lost. The Contract IA was initiated to lock -in and retain the grant dollarif rom EDA. got h these changes required iaddifiondt effort -and, �services rvJated tot., he pr,"ration of contract documents, services during bidding through contract ward, construction management services and construction observation services. Contract !A 'required f inal disign plaikif or 6 small portion of the designed -and proposed roadway. Additional survey effort Was necessary, as time constraints required CAS to provide design survey prior to completion of the boundary survey. This required I ad I ditional 'costs. 4-NE/NW 9thStreet inter"ction improvements required -additional coordinationwith the FOOT so both the project (US 441 widening and NE/NW 9hStreet) would be constructed without conflicts. This involved additional meetings, importing and oyerkt�4ng the US 441 plans withours, drainage and area calculations. it also inv4lved preparing multiple preliminary roadway layouts as many combinations of turn lanes and road alignments were contemplated for various right -of -way acquisition strategies. 5-several -sketches and legal descriptions were prepared to support the intersection improvements contemplated above. �r-��--- nl---�— PAGE -5-�______'___ | � L-1-Les; wW I—] descriptions- were -pr4pared-4w4uppor4---of --t�e right -of -way taki for NE 9* Street west of Taylor Cree, which was unexpected. 7-A, 9ditional gopher Jortoises' locations were encountered on site than in t ed n eport wry - con,,,, ruction planned to lock in the f unding (Contract 1A). The required redesign of the Iroad again in another location. It also rquiredadditional survey as all f a the holes W-permi-to-werevequired-lfw an_ em�rgency taking to facilitate Contract 1A and I for the rest of the project. This inv Ned both additional engineering and environmental coordination time. pro ess. This also allowed the City to utility additional acreage without mitigation cos_�Is. This Involved additional survey effort. corn is st;ll stilli'committed to the City on this project and do not intend onabandoning our efforts wit�the City. Kaskingfor? Gene $135ha ve ------ '' ����'------'--' -�---'----�----------- ����mw� -------'------------- -- --- $1 878.00 additional services, just want to come out 0 PAGE -6- Ge" - Yes. Had to-jw�,Iift station way over cost estimate, rebid to get-a,nWe competitive bid and bring costs.withih range. Watford - if we pA $135;000,f-rom reseryes;.wilt we have-toiwitanymore4or bridge; rail' s1p a rm - OUA fed!s on tonight's agenda, we plan yr or oua f ' ee!s or nythi _g_else? Veach to build industrial park on the budget f ha-rt left, while - t I h P . se b I i ds are ou . t, - I th ink CAS is -Confident -Ithey­CM.t2f� �j n-within- the. budgeti flexibility in. them with-.hoW;rwe structure bids, pave street f rom lif t station to doLVIds park, etc. Watf ord - so out of reserves we are taking $135,000.00, OUA Fees $77,180.00. Are we ever going to get,ourmoney-otitof this-without4wying,to-so-t-he�lo+s-for-$rnahom? Yeach -yes; only incurred $150,000 to $200,000 froth reserves total, is good number we May see. Should realize more than that. We have I tenant right now. We�eel we'wiJ-1 realize the cosW,money back.,Mtotford - And I assume -everything -we take -out- of reserves, we puf,thatback and not -in general budget? Veach - will not go in general, my recommendation will be to put in reserves, after initial land sale, which we1l use to def,gr--some of these costs, and-every-parcellmseR after would -go in reserves it you need to decide that, we will have to maintain roads, jyst like f 4 anywhere else in' the city. We also need to' ecide on how we are going to set up and use7the rail spur, severat-ways- lo­do tha+- ' fee - to- use that -spur, use t& cover mq(�Ienance costs. Yeah, �qqr p§!�gqtions would be streets and right,of way ­ -1 . Watford - is the Engineering'in the bridge in that $135,000? And Do you anticipate any more" surprises?Ji-nr- Yes "in there -and- no- rotlr'om us. Gene- No, I see the .4ght at the end of the tunnel. Kirk* - we aff work for a living�and-this is a large amount,of- money -and we all know-how exponsive this process is, apprec iate they have �tq P 1 ood faith, don't y .OWith us anding know, if fair price, any point they could have balked at us and we wouldn't have cot�plefed the project, no taking-ligh-Hy that's-a-lotof money; docL., , he's,askin9 for, appreciate he!s willing to settle for $135,000. We could say no, but that would kill the project, don't think that's what we all want. Know there are some f irOig that woutd,hdve walked away a tong� time ago. no-OcIl Member 4�� moved that vft_Q1dh2E1!&_pWment to CAS $1'3L= Kirk - agree with Watford about taking money out of reserves and putting it back, we n d to make tvdrY OfOPt-to get'that money,back -in there, you'unly have to watch ed i news to see how -quick we -could, get into trouble. MaO-khdff - JUdky we hdve reserves to keep frram having -to borrowing it Can put money ba,*', in,reserves,-not goin , ..,.9,t9Joogte anything, $till have land left to make, money on 17sor rent it out. Capability of replacing it with our on land. Is a large amount to f ih4_d_ut we 6WO. txf ra. Wi I liams - so included in the $135,000.00 is the rail spur? Gene - Yes. Williams - what abolu't parameter fence? No not' rh lhePe. CaHed the question. YEA NAY AMAIN ABSENT, XIRK x J, ­.TWWWA—­� --------- PACPJF-4� X X-------- WIL IIAMS X vl�e - thanked Council. J", B. Council MembeAka-tf a-��moved to approve the Developer's Agreement with Okeechobee Utility Authority, pertaining to ine uommerce Center In the amount of sevei ity-seven thousand -,owl luildlv,6 1:­--!a4tqdoII4-q($7_7,1QQ.M -9ily Administrator (Exhlbft 3L�econo � ouncilMemberifVMVIM-ih--�, Fees are outlined as follows. Administrative Fees - $1,280.00 (docum ent rec r ding fees 18 pages @ $10 per page $180.00; Inspection Fees 30 hours @ $26. ...... :_--rernourqpow.uu,-ACI"U-ng?ial"vef*e costot, agreernei - 1, plan rev ---- __prqjOct tracking thro h CO $500.00), Water Capital Connection Charges $26,400.00 (33 eRCs x $800.) and Wastewater Cap��al Connection Charges $49,500.00'(��­§-d-. S­ Wa Ord - Connection fees, and amount, inspection fees -,- something the te nant will theo pay?.Veach - first tenant we are going to pay for, unknowing of these charges, fenantwillhaveadaqu water -and- - - ------ This is for the first tenant only. Watford - and is it goi!V to be eno; h? Veach - Yes, worked with his numbers, holds his reservation for 2 years only. Th neXT TenanTS can wut o_-' K Uiiiiivii 0-W or IW-I;vo ca w; I It I I OUA.,5, mlonii paid to---- Zyo- th-e-runes- -Putin,­ Issue with capacity-w-Ith next candidu-M.U11 WU4111twUlm Il1t,1t'U1r-V1U11IJ-- nVa&k&-tn work witKD-UA to help them wifh capacity. 144-mbers based on use for tha�,' project. To do the entire park the costs would be $711,000.00 to do a 2-year capotity reserve, this is not connections, JUST To reserve It for 2 year,5. - ------ ford - what is 33 ERC's at $800? Jim - Equal gallons of uses, 250 gallons per day *4 ERC, diii- residential numbers for projections. WdfWrd if we had ano-I I o-, wouidz-numberAike-that-scare-them-away-7-V=6,---,s-ceing-Wis-ol.[ Aver when th look at OUA fee!s. Gene - Connection f ee's are $2,000 - $3,000 all over. Is that goi to scare them awap-I'don't think s-o-,-fKie-y---a--re--U-s&-t�o--rhis, 'they Think-1t7.T-h6t-dr-------- 0 it ------irAi#h,--u"-t-o-pay4ng-3-t4me--,�.-that-,on-Coast-Mlatford----maybe-its not as hael-as-I-think. Bu are going to make sure the next tenant is responsible. -Jo*+400verif-C��40VAGa,-r4wwxA,es-capadty-kosed-on--Z--yearsiLse,-recommend--- CIO eye on OUA capacity, if you have a potential customer, and the new tenant now over, you may not have anything going, wou a wise decision ---- tb­-[6-66k-­dt- go jFd-be- at least another4GtA­nnovnce--therP- i-san Counity-called-worRshop.-with- the­ -tA 0 on Thursday @ 5:30 and will be discussing this capacity issue, very important, m f ind yourselves without being able io- have d6iel6joiiiiint -s—c­o`m`e'­­Fn,-- --even if they L __toe. You will want to come and listen to what the situation is. They are looking at f -- h hiring a full time grant writer to help them, and try to get us out o t is mess. 0 0 PAGE -8- W�atfotsd___ I read tL�* 1­1 _- 11%41 1x0%4UV asked Avltninistr~ why vwt wes-just-the ouA-aAd Count, y? County Commissioner Abney, who was in attendance addressed that que'stion - this is a routine thing we do every year with all -our various boards. Administrator planned to go- -s., shoulclAite thti%--t& recognme-the- City, Thursday-0 5.30 @ Couty! Ahh M or Instructed Vea6h to attend, and anyone else could also,attend ar since advertised public meeting. Hoover - want.t.9 clarif --to,bowling, I did not mean to make the decision tonight to,go y ahead with the capacity reservation f or another lot, just think its something the city should reafly consider-givem-the. OUA situqtiontr4-t-hem -you. wetAd-hin* in the bank for the park, I want to see'f he park happen, will do anything I can to help. Kirk - point well taken on the reservation issue. Watford - add that I sympathize with OUA, kjqjA�what its like to be in that situation, we all thought the f ormation�i the 0­6 A­w-as going to solve all the problems, feel for bou�ldmembe,rs,-do have -a -tough -job, i nakes --for. VOTE YEA NAY ABSTAIN ABSENT KIRK x CHANDLER X MARKHAM, X WATFORD X WILLIAMS x MOTION: CARRIED. A. Council Merribeii Vt ==UoawardtheCommerca.CenterCmsMwAmLmtmcttD,Ranger 'a' Construction of Ft. "Ierce, in the amount of two million, nineteen thousand, nine hundred eighty-two daflars anct eighty cer!th-($2,M982:" -0ty Aximmistrator- (Exhibit 4), � secoftft, -by -Gound memberqM-7,b This: is a unit price bid, pull- some tiv,",,depend on b4dgeA)4d, ide4tif ied. additional f uncls can pull out of to make this thing come in and on schedule, best to award tonight, work with contractor. Watford - ask that we look at this with caution, everyone knows budget is tight, but if we take something out, it stin­,be,tterw*o_rk. vim .---,&io-lufi1y. =47pe able to,*me-kwi*in budq'et.7 J, im. Uf t Station bidr. IoQking g*od, bridge looks like at least 9 competitive bids. Believe we can do it. what-mas-a and b? Jim- lift station to douglas park, road oA the way up to existing water treatment plant, up in big wetland area to service lots, tenants up in ­1 if� that area will have to do abbreviated . Continue road to douglai" park aind c-ul-di-s ak. i Veath -city will go�aheadand,pavefrm Ao4as park -to lift statiow, rAm &iA-haiwe for:,Iess, mark "no truck traffic," also serves needs of citizens who live in area, significant chunk out by doing in house. As 'more job creators come' in can obtain- adclitional grants and assist with funding to continue construction of park. M YEA MAY ABSTAIN ABSENT Wft x dk*-DLER X UAWAM X ORDL_ X_ WIIL�IIAMS X D. App-mve-DeedRe,stridtbwf6Me-Couiii,irdiw.Ceiiier -City Attumey (ExMbk 5).--- Cook - Look at the one not marked exhibit 5, it's the most reviso-d copy Spoke w pG46 __ contract Ai-Meyats--today, antic: I --ftle­-ofvAay--A-egenda-, Jamed him these - restrictions, advised him I would ask Council not to adopt until he had opportunity to giveL,his input or discuss f or comment, ask that you wait until May-4-to--see'if there are L --jigrifical0a, he m UC. ay objecf to. A' standard deed restrictiol I len: j of first refusal for city, if owner wishes to ever sale their parcel, right to review other companies, look at companies to make sure they work with restrictions. Aro#tectural Controls, spSlled out, TRC reviewed, Design Review Board. Uses broader thao'existing, but stricter and would take precedence over LORS. Environmental issues 4 @ @ noise gaw,-etc. Standa, d building requirememt-S.-I ds;eapl insurance requirements. Follow the land, not tenant. Don't make so strict scareo'f f but enoogh controls. E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting - Mr.j Richard Gibney, Senior Professional Associate of HDR Engienering Inc. of Tampa t;j PwAk-1 uf;llrul lliul;ulf 1;41;119 U11 VVr.1 V1V_VV VT the items lie will cover-.44W E eerin nqqug;j_tgO__P�rnqnan & Heni to conduct an assessment for exi t* pro, Irams providing NPOES Phase 1`1 compliance in the City, and has drafted a Notice ofjhtent. -TKe---NOI--cuiiIu;,,* uVaf -the-wit.,J4 uml- informati required fo, 4-OtTolete submittal to the FDEP, except for the requ _�reo ap plicqtion fee, to receive gen�ric permit coverage for stormwater discharges f rom the City's; separate storm SeW&Syste-wtMS4).-Th-et4w--PtbWFullu I;uis tilw-hul 9-- E41111flu I;V1 I LY.3 I Co- I I s oart o the City's Stormwater Master Plan which ispart of the clean water act. EPA del ated authority to FDEP. For large and small cities. Add itional'communities have ----be- ,ddcle-4-b�ds-ectdn-si2t4nd-TMbL debiyllul lull, 06-r. 64 1%;91, TVftAzvefs.-T`her-e---- u"ti-c-Ed-ut!aji-o-h-d-n-d-0-ulr-e "M-The-761yeiiubl itiipst;,,owd u pubVc-edu._uI1,,#. sentations or other initiatives that will reach all t _rc sectors of the community, and distribute educational materials to all sectors of the bodies. Thr —eororniih-ityd-b-d-u"o--I-m-pd-c-tg-6Tgto-r-m-wditr-discharge-b uti wulw-i C; I Y -the -step that the-pu-bj�c�o-rt.ta-kg--to-r�-edu;g -or prevent lq _pqlj tants in storm water runoff. OL 0 de --Ck 6nnendation-n-That- the- City begin -to dgve[Qp_Yarious_.p4Wic - education - materials ' iining the impact of storm water discharges to the City's M54. These materials 44d"Incliude -infoo-m-a-tionot STegg-thOT The pub&c--CoVtd--tdke�-1u l�WULO:.Ui i.discharge,-of.4whitant,s--itidudkg. household chemicals, automobile fluids. ard ris, and other prohibited substances into the City's MS4, including roadside for th-m-purpm-trae; �laped_by -o-ther-Flarida--gamernments. such -as.-Pinell-as-County and _Hil.1sb9_r_ou_qh -TTT-- 0 0 Cottmty. PAGE -10- The: City should develop a pamphlet that specificafly speads about storm water pol4uti,onpreventkw,rand-the-sources-of storm�*,etefpa46!ion�-The""141et-shWdbe develope,q,in.cooperatin with Okeechobee County in order to provide the citizens with p­o"iliii47ioinand'i 'tent message about storm water ts impacts onihe"b'keic"hobe a conssi environment. Develo�,and-�lgillytemenftt4on-.eost-s couldbe redueeed tobath-the County and the City if the public education and outreach effort is based on upon regtional nees rathe rthan the needs of two separate. 2. T he rule'requires that the City qive all members of its community the opportunity to be involved in the local NPDES program, by providing -noi*ice to.' i'he­'public of W6ES-related activities, progran s. and opportunities for-participat4an. Inekide -the public in developing,, implementing,, and reviewing the stormwater management program. Recommendation: The City should begin to develop NPDES-related programs and activities which involve the general public in the implementation efforts including ­orctinance develiup, , ic., , 1, retrofit drainage -projects. -and -other activities. 3. The operator of the Phase II M54 must: - (1) develoly, if -not atready-completed, astorm-sewer-system-map, showing the -location of all known outfalls and the names and location of all surface waters of the State that receive discharges from those outfalls; -(2,)'to the extent aRowable under --State or loccd- law, effectively prohibit, through ordinance, or.other regulatory mechanism, non-stormwater discharg into the storm sewer system and implement appropriate enforcement procedures and actions; a 1 -rmwater-rdischarges, (3)'deveiop antimplement a', plan to'cletect and-nddress-mm-­to incl ding ille M. gal dumpiM,- to the system; and (4): Inform public employees, business, and the general public of hazards associated with illegal discharges and "improper disposat'vT wu.* I t;. Rec. ornmendation: The Comprehensive Plan contains Goals, Objectives and Policies that are"thfencted to direct the City, in its conduct. -,It, does -not contain pro-hibitions, or otherwise function as an ordinance, It is therefore recommended thatthe City adopt a new sections of its code specifically addressing the NPOES permit requirements, with a section spWificatly pt6hibiting dischdrge or, dumping --of anything except storm,water into -its stormwater,,rnanag.em4�nt.systgm, including any ch nnel, ditch, a caN'l, conduit, culvert, drain, waterway, gully, ravine, street, roadway, or swale, or any infiffs thereto, or any stormwater tekaftwit, pdffds. "The ordInance shouid directly prohibit discharge of any material that causesviolatio of the -State's, water quality standards contained in Chapter 62-302, F.A.C. The City should assign primary, responsibility for enforcement of illicit discharges to a single responsible party, or section. The City should provide training for all staff mei�be'rs whose work takes them into the f ield" ' so that they will be able to recognize illicit discharges and know how to report them.,.. Considering the limited manpower ava . i I lable to the City, this effort could be enhances by providing training to a selected __W_ _M7 -7--_1 0 - ____ __ _PA_Q_E __ - � - dis4harges, and provide public promotion'of the number, including how citizens can rec�gnize and report potential illicit discharges. This could be a phone'number ., that Con�Jderable material already exists f rom other local governments thaf can be used forifhis purpose. 'TMh- --FDEP-.is currently overseeing a project to develop a Storm water Master Plan f or Ok e''chobee County and the City of Okeechobee. Identifying the existin-9--s-torm s-e-i—wer Met 0 C ever aps W -N12DES phase U-per#i4----- QY91 em-TOF Put I W1 UM.P F1 %#J�� .. I.- V%F req irement to develop a map of the City's MS4. The City should ensure that all MS4 ma ping opportunities are maximized. 4. e rule requires the City to develop an ordinance or other regulatory mechanism r-C in rder to establish a construction program that controls polluted runoff _6�6�_ Corti IrIL e con �rul--t 12 0 -F-1 J,W I W - apply to projeets that have a _41,64, . IWO 4istqrbance area qreater than or equal to one acres. The program must require that con truction site operator implement appropriate erosion and sediment control BMPs, -1 .16L ua --vitztruction debris-, li A I ei sanitary veasite *n%A 0 1 F I con ruction by-Droducts. Also, the review and approval of site plans must include __ p Jai s specifically describing the methods that will be used by the construction site _DPeNftrS_tU LUd i I i �Ul 12 1 Uo i I t4ou I kw i ui ju ff, V.1 1604;%J1 t U1 0.�;l I 1V_1 I Recommendation: It is recommended that the City amend Section 921.1d of its Land be�elopfnwn-MequlffionSTO include piuiet�iiuri uf -lite. M-f-ro-m-dischargo-of matgrLialsgtherthanstormwater from - co - nstruction site s, al�ing specific reference to the requirements of the NPOES rules. developmwt. plan submittal requirements __ i - n iher- Se 41ion 13.02.07.C.3(g)(1) be amended to include requirement for a plan to provide c ;eroion controls and containment for conSTruCTlon SiTe maTerials, WaMeg;-c-ndIfter incy. xposed-to-rnin-or-wind durinq constructe n. -C64-f r-iic�f ion- --- sii�—ei-n­s- peiCtio—n statt should be provides with training and d-basic f i-eld chooklist to clearly understand whr lookin9�_whenj&q=tkxj1or er-- ion controls, stormwater BMPs and site litter control. n_,��ont vflw_aty-to-dzvek%, implement, and enforce -a -program -to -reduce, s pol 6tants in post -construction runoff to their MS4 from new development and cl r e,- evelopm eiifu_r6an��Jr-_- fopment projects that resu t in tfie eater than one acre. Recp'mmendations: The City should choose to designate the SFWMD for compliance tti!=I : Minimum Measure Number -rive, as allowed Bj_6_2-621.300(7Ya)X_. r09raMe-;-f TI,��-NOI-provkk�dwith4his-&cument ref lects thi� 'recommendation. 0 0 PAGE42m 6. The-rtdeTe4uires the Oty to develop,-wid,4mpWrmt an-operation-and-meiritenwee._ pro$r, am that has the goal of preventing or reducing poflutant runoff from City activities, such as park maintenance, f leet and building maintenance, and stormwater Sys ". Maintenance. it also, requir�es trait4nqof e"Vloyees t,&_--preYemt­-and-re�e stormwater pollution from City activities, Recommendaiiw.-E,peratiorial ­BMPS should include recy6ng-of --offfiee. �paw am - aluminum from City facilites. Other BMPs for municipal facilities could include continued use of least toxic alternatives for -grounds' and facility maintenance, continued scheduling for--MS+­and­ cctnaf Itiwintertance, ..and- ineorpord+i0m.-Of- water­ quallit' nd y SMPs', with MS4 repairs a improvement plans (for example including inlet baskets to capture leaves and f loatables.) The, City should ensure that the City construction inspectors and inspectors and insp , ector supervisors are trained to conduct erosion control inspections, through FOO or another organization. Contractqrs hired by the -City to -conduct lor-manage City,owned construction projects should also be trained to implement, maintain and inspect erosion controls. A course in erosion and sediment control is offered by the FDEP at locations around the State; and i rrf�.., M. 1; on about upcomirtg� classes maybe- f oun, on the FDEP .5tormwater website. Othor training that provides- compliance with this- Minimuin Measure includes: pesticide applicators certification; continued first response and spill containment training f or hazardous materials spills and sanitary sewer discharges; non-sto*rrn- water dis0arge-ldentifi-catforrand investigaflon trWhing; water;-wiseiandscape training for- Cit landscape m qintenance crews; Integrated Pest Mana em nt (IPM) training for landscape and facility maintenance crews. The,�cwrrent_$tqtqs qf the storm wa ter master plan Js that the rule making is complete. The City hag been designated as a permittee. The permit application needs to be, compieted Within 6 months following -formal -notification. Today -serves as inf Qrmation notif icatign. The.�tudy objectives are to develop an ihVentory-of existing storm water�and­sewer systems. They will review existing information, develop q C7TS ma , the develo ' *r ­ - - .. p ., P _p, acce�s data base, inventory pipes and inlets, create a numbering system, give the strUtturd eohditl6n—bid-the size. D-evetop water quality model. LOW WAM modei was ref 16ed by, adding existing sewer system, stream/canal buffers and septic tank phosphorus loading criteria. Identify water quality problem areas by the highest percentage of f6tal P"in study area within City and identify f looding -probtem-areas. Develop short term.and lont-term Capital Im _pr9vement Progr ms (CIP). a ThO,'curreht status of the study is that the draft report has been devetaped.-A copy f o the f looding and,CIP sections have been sent to City Engineer. It is in review f or f in$ editing Wewanted you to be aware, it is- coming, don't know when, wanted you to be advised of this. One of the things we!d like to do is get the City, County, SFWMD, OUA, DEP 0 0 .AGE Tooiw-wdisrsuss #emsy Septi tankc- taken off F4U, what IS t r--­---- timl f rame, f loodihg d�eas of storm water. Share nf ormation with each other. You will have to work together on this. Veq I ch - you -are currently forming a workshop for all these parties, correct?. Yes, Kim S4r taking-liad- to try to put together, if the City has any specific issues, et us so we--con-note- them for topics 0 .4 discussion at Aet workshop -.---- we ford - talked at meeting with SFWMD office. DEP main concern is quality, our :--&- 4�L..- it all works together flooding; wl -ei -e does th-all fit t on the, permit and idea of where most flooding areas are. Wa ford now we!ve go - t to get one. - At some point are we going to be told "you now have to 1 ­4 -....A.-+ f,%r-[) this deadtitwjwta storMINOTer retention are=- Gib ey - WO., I IWVV WWI - 9 Cit bad,thty iy__,��Miqmi they came down hard on, smaller cities not so war f to know you at least have a plan I in -place and there are some funds available in -grim i i s a o assistyou-with n teet ing t! te permit tts-4-me de I for you to 9 40 - yi�4 state leqislatures and ask f or those f und, you need to be able to give them your plar!�you've come up with and show the need. E funded this? Yes. Kim S Stormwater Master Plan addressed both with DEP qua ity and quantity. Permit is separate. this plan will help us identify problem areas. will-be-easflyfoxed,some will be lar "ineelrin�-j projeX.-Ars, ie- ou I I IVW%0.0 I sec, ion. DEP/SFWMD, has fund to address the larger areas. Will city have to come up �Vith their own funding source? A lot'of communities have them, some rely on J L-I-­Jl-­--- - ---- ------ --Cou�nly.-These'-are-issues ,V.�-dto address -and -be reauy 1%0 I1UIIUIr-. NP�ES permit - going to follow the 6 mini measures, doesret identify f looding problem, -thl --foun&-by %doing lite --Troblem�you it. NPOES addresses illegal du in chemicals in man holes. Septic in city -9 confrib.uting like those on lake, septic tank considered retention? No. Water coming Phosphorous reducti Jt4--'*7 E;t+tl id., VI I Wl %.Vilm I�j [IV. in lake isgoal. Educatin the public like the fertilizers ypuppt ony�ur lawn, pcty__________ d attention with educational info, use lower levels phosphorous fertilzer, how to I - - jWftG;qi yu. d0tw-fiff-iW-Ur ##Ulu. 161t-, Ki Dont put anything in your plan that you can't do. Draft of plan is done already -10*1F -No owner -risk, I b vt�l y llt;lj. - --------- - -- --- Wil�lliams - sounds like a nice thing to me, caret keep people f rom doing things now. Kim note goirig-lu yt�li r;d-ofit but it will Co pcil thanked Gibney and Kim for their time and inf ormation. F. Discuss realignment of Regional Planning affiliation - Councilman Watford. -T seerve-as-the City linison member to the Treasi ire Coast Council of Local gov�rnments, which is made up of reps f rom Okee, Indian River, St. Lucie Martin —ec o u Kt- i e s. u­- - - - -- ki - --e-i-Tia- — -t"--- - Countiesarid-all! thi-ii-ti-i-i-w-i hos ring cl[—isCuss nsw ViJind a '? '77 ­77� 0 0 PAGE -14- we aff 1mve iiie same- m-eas of concerm wid -we �are­ more al-igned with flieir issues. However, as we all know, Okeechobee has been placed in the Central Florida Regional ict fo Dis r r Planning issues. This includes Highlands, Polk, central'areas counties and citi els. We -find many times that we have tffferent �area isstma then, 0*se-cifle" counties. If it is the concensus of the Council, I will have a resolution at the May 4 meeting to consider having Okeechobee realigned and have us pla�i_� in the- Regional Planning -District with the -treasure -coast cou -*"d 6tift. C""issio"briey, �who was,� present and the County's I iaison to the TCCLG stated the CotTty also agreed with the! realignment and he will be presenting a similar resolution to the commission. We�Jhink it makes.,very good sense. If sucessful will set off a chain of events, also requesting Palm Beach to be taken out of the Planning District. 14el-w-'e'll have more imput and more succen particifarly-as-it,reakovs-to, growth. Wi*­aA,e=h,participcmt i in TTCLG. Don't know if Polk C uq 0 , y will ob ect to us moving. Alig9ment has never, been looked at, purpose is to look as traf f ic, growth, etc. Feel good move, wiH relate and bH-nq -back at next -,meeting. WOO ams - agree with what you are saying if Palm'Beach out of the picture. May take act"of 'legislature. Watford- - Governor sef,those boundaries. Abney- ­4994-mms looked at, ver y minor change, then.. Williams -,aqr�e, pod move, people f rom coast _q moving here. Watford ie: 4-laning of Sk 70 East. Bigger fight than originally Kirk - agree and without West Palm. There is a risk, move Okee in with Treasure I CoO", ut would be better than what we have -now, at least we'd, have a voiccon what goe" on with coast. CoMensus of Councii to -present the, resohnion- at-the'May -4-meeting. G. Council Member Watford moved to temporarily­66se a portion of Northeast 0 Avenue bet�een Northeast V Stre4and City Cie* MMWM. by.,Councd Member Markham. Motion and second were withdrawn. Application in error should read NORTHWEST 3rd Avenue. Council Member 1� Gifo' moved to approve a temporary street closing (by BAB Conit'ruction) fo I r 'Ir N W 3 rd Avenue'bitween 3"d'and-5*-Streef (tairif ir April 26,-2W4 for the;�:*Stakflon-of a, Mw wastawo line tar sexvice the new Judicial Complex� seconded by Counci I Member Aarkkaif. Wafford - why just -getting, they have had the.street blocked since March 2.9`2 Su!?�ontractor thought contractor had made the correct procedures and vice versa. Str1eet going to be put back`right?"Has to be to our satisfact ion. Way to assure fhat? Needs-U- took good with the new court house, dodt want just a patch job. Kirk, - Donnie stand your 'ground on it. Markham - if something comes up, bring it back before it gets to far, if Council needs to make a decision, keep us' inf ormed on it. Trr-~----`r� -- ' _- - _- j if ic as to what they have to do. --- - .G be . ~~. careful, we --. '_-g'__ ____' it-_. -d,being need I to make sure they follow the correct procedures in the future, dorft want everyone doing this, have a serious problem on our hands. Need to catch these things tWAFO�g RD MO MO N: CARRIED. Kirk' ourned meeting. ,rz�'. adj��������������c-_--_- � . .. � ` , �--' ----------'1^- ------�'-------'----�--- ---'- '----------- ---- ---'------- -- --' - -- --- ., ?r - --'-- - -- -- HANDWRITTEN MINUTES ��OLAR CITY COUNCIL MEETING _ _ nu CA Ideet'll|u.6. --------' ' - H TIE Ill. YOR, COUNCIL AND STAFF ATTENDANCE .City Clerk. � | ��--- -'-------'----- ! Present~�Absent Mayor James E. Kirk council Member Noel A. Chandler Aloe Council Member Lowry Markham ouncil Member Dowling R. Watford, Jr. -- - -' -1-' , CwdfidTwi/Y6(C[aYd/ xvmumrm PRESENTATIONS AND PROCLAMATIONS - Mayor. _A� [,, ----Mayor Kirk Proclaimed tha week 04priLIBAhamigh 24,200"s "Crime VictimsWeek.". and read the proclamation in its enti rety as follows: "WHEREAS, we as a Nation recognize crime victims' and co-workers who have been harmed by crime; and WHEREAS, we as Individuals and paiticipate In justice, --- processes with rights to Information, protection, restitution, and to be heard; and WHEREAS, vm value do critical assistance and services that provias for crime vwum- housing, food, support fortheirchildren, transportation, counseling and medicall services; and rights, services and treatment of victim of crime, but to also'build a beft and more just In our homes and to live In peace In our communitlesi and WHE11EAS, America a's a Notion ------ victime'rialits and services; andWHEREAS, America has joined together annually forthe post 24 iiiii-t—o recognize the needs and rights of crime victims and survivors. NOWTHEREFORE, UftiblAtftor of the 0111y of Okeechobee, do hereby proclaim the week of April 18-24, 2004 to be Crime Victim' Week, and honor crime as a nation, we continue to value crime victims and survivors el / / -" --' --- ------ ��� -- ------- � a | ' ' �--T-- ------- � ` U� --------- -- — -- --''-----' --'- ' B. V. A. 0AGE TZ! Mayor KAP=4�.the weekof May 2 throug48,20Up&"MuWcipa1 Clerks!_Week.", andread the. proclamation in its entirety as follows: "Wherea6, the Office of the Municipal ClerK a time honored k. id vital pe. tof local ", it exists througl!out On woi Id,-"Whe eas Municipal Clark Is the oldest among public servants; and Whereas, the Office of the Municipal -M-POIGUROW #W'b#Mm Vw'.d8wnr01hvVW gom nIng1xx#swvW,', apneles ofpmmment at other levels; and Whereas, MunIcIpal,Clorks have pledged to be "us servwlis P., an community. Whereas, Municipal Clerks continually ddvttb Improvathe administration of Ow affsk" the.-Ofteof.dwilliunicipal. Clark througit,�prdclpatlon-Jm.@&Ication progm"No serninam, workshops, and the annual me" of theirsi* province, county and International profesa6sl olvanizationg'-Mml Who W M 1*118 mad approplate WO accomplishments ofthe Office of the Municipal Clerk. Now Therefore, 1, Js -ssE.KIr�byvIrtu* 0b9@,-dVtWVWp10C1VI1nU1I1VWVVk of, 2 th" May 8, 2004, as "MUNICIPAL CLERKS' WEEK", and further extend _a­_­,f__­_­J'&­_ff,,, .. C _ft appreciation to our 111A61dol"'Clerk, Line am otea an a n pa 9 ,6pn.10 the qommug _y R_ rsp�qt."' MINUTES - City Clark. Council Member moved to dispense with the reading and approve the Summary of Coun—cHXdri6nfot#id-Aon-t6,2004-ReyutatW6tiff4�,-SL5=dgdbyCounctMember Om,.) VOTE YEA NAY : ABSTAIN KIRK V CHlANDLER V -MAPJ"W WATFORD MOTlON: <I�ARRE' ASSENT DENIED W GiSTER - City Admlnls&ator. A. Council Member moved to approve the March 2004 Warrant Register in the following anlwnts: CierwatfuP4, tha* hupAradforty ftusar4 Wt"red ninety dobm and nmety-eight. cents ($340,490.98); Industrial Development Fund, fourteen thousand, three hundred thirty-nine doffarS a, id acm ($14-133938);CDOG-Grantfund, oneftusand;three­Nndredei0ty6 six dollars and nine cents ($1,386.09); Capital Project (vehicles), eight hundred forty-four dollars and fifty-seven cents ($844-.M 136w Enfoir -SOeel6f'Fut�d,*'Orl��-hUndfe-cT'ffi�bty-ohe'-d-ofrdts and ninet -seven cents ($191.97.1 Publjc,Fp9L1i " vement Fund thirteen dollars and ninety-nine cents �y ($'13.99); seconded by Council Member VIM Y"T YEA NAY ABSTAIN ABSENT CHANDLER =*Hm WATFORD MO MON:(�An_lffl �0_ - DENIED VIL AGENDA -Mayor. Requests for the addition, deferral or~9welof iternson Wayi agenda. None, I/ V/ 7 0 PAGE -3- V111111, JOPEWPAN11LIC HEARING FORO RDINANCEADOPTION &UWAIj,/�fM AA,* -Councff-Member DQ moved to read -by fiffe -only proposed Ordkitence, No. 853-peda�ft to Construction Licensing Enforcement Procedures with the City and County - City Attorney (ExhM 1); s6d6ndedbyCounciWeffiber LM b) Vote on motion to read by title only. VOTE, MAY ARSTAW _AD= VJRK IWOTION- DENIED C) Attorney Cook read proposed Ordinance No. 853 by title only as follows: "AN OIWAANCE OF THE CITY OF-OXEECNO--_ FIONDA, A -WO. fft PROMNO-EW INTERLOCAL AGREEMENT WTH OKEECHOBEE COUNTY, FLOIVDA TO COAIBINE AND CO. Afift-17KIr ORIMMM GERTAW RGSNENT PROCEDUMS-- AND APPEALS FOR THOSE CONTRACTORS WHO ELECT TO WORK WnWN THE CITY OF OKEECROBEE', PROVMffilG"ANlD--ES1XBUSN)NG- Mff-tITY ffAff W INVEStMTEANDPRESENTCONSTRUCnONUCE*SfNGI,SSUESORWOLAnONSBEFOM -CONSTRUCTIONINDUSTRYUCENMUbW", -.-hUvPLAW' FORANOW n 'AMEMWOMNANCE NQ� ffl) Eg?gW NECESSARY TO PERWT THE CFTYAND OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCM -PR0WDM--AWJWJWAL,.-PROWDLW C-O--M--R—fC-T-S-,- PROVIDWG FOR SEVERABfUTY; PROWDING AN EFFECTIVE DATE. 2.a) Council Member moved to adopt proposed Ordinance No. 853; seconded by Council Member b) Public comments and discussion. bv�,J-Wjll 00WO piob)em W/pr0f. Confw( D\JD.( fcenw)g nflows �u prvoxss okll-) 011 PAGE-5- .- I Xx NEW -BUSINESS. A. Considw Addendum to C* A. Sm' 8 Assodatn Cof*act - Gene-SehfiFwff2hM 2). PfojQU kr\jerqCL o R 4i fyw . TDna ti f�rvu"I)c Ja r-e �-t rj7 J�d -P�5 i'q vj o) 3 m ;_Io 3 17'AnX -5. G bje)6 F�nd inj 0-11ve , N(31-0 0WOLL. &N Q P4 Fn), QL Cl 91DJhj Tb*e �00 rnft /A fa 1 ro - 15- .5 w-,r ow on menfo,3, aul5ir d e - C om tt I A I -f - re-9 o? /r T q LA -YQ rr\pn t T) me.. I N _SWOPC� JC- 0 Clpf . pf rp-j �r 05,65DO �oc- ST C706 wbr ') o act'd i h onq so VICQS, D vo - r 9 f r os h n-)R rn Lra�j "d j2 r I r,�55 j'a,� kw+ po-� I a[ PD�fiw , W�al crgropmo/74 oleta -�V 5 Hqol -Cojr 04- rqZD, 'y _a. f C051 C� 4pw-W5, (�ef �e, CUd U-PPW i W6r e, Mar 4nd-ed. Kepi rm�.< C0 vo -Posih:v) n qN�' par I( DN- tt pol QO, ad e po(h*Dn , Opi - & i o4 $ pct uLr N X4- S�e p As Ic R)r he ip, C W v6y 1 le, (-s5a"o ire, bUlsd& cycnsttJ101;V-.. 5 or-01- h, P � uxt V, Crv\rcn mpnial is-f ro h)q if,55u-e -Ned 4v D-)!�tp -Wal an h o- i po-+e R Dj o e -t- ad n V Sla g on --hme -ec-p �(C05 in lok-O-t, No Coriircl o or,4- lvcr� 1.,� vsmow, Dpi - Ce Q- I t k wt -52 Q ir I RV,kn ljall-� P10 or ho re km, ,��ef rno-4 f5ae_r -, Gbll_ra- h-�, f4rL 6-� -1 fh Lo Ccm ryi-i + me nf , li'rhp r Q F p 10 VQ" 0 r N) f ko - oto e vvryA;�)q Rttlied- 114- gfo h-on Pe-&t more- oox,6,PA,h,.Vp . More il? ra/)gl, P U OLtf e M -5 J-0 Ct),rn R I rl judqo la ice ru -e r v .0-5 69 - F-V1,1 MM YEA NAY ABSTAIN ABSENT Omymore- Oul op iew CHANDLER rg r i /19 Olt 19 PIPIP ld 46L uoomm WA#ORD -oonqcylpll-l� /(#/e WIL�Lkms -Pct vp 5-trap" MOTION: CAMEO - DENIED \bl peg 131!�) tot) 1 -7 -71 fif)h'o oahon oP I I bomc fe- L21-p� 2 &Mal -/OPC/. make QO,�a otr � n p -, ku - iv,4onv, bw ro c ovpr u xOn oi gobn ot hrxvL -ofh-pr 4mp fnai A-Icw) rodd S" M W,F' �QLu 4- ()Se rO i up-,O�&) A-) �, _p 4n o se-, �PA # L8 jb -17 J- j r1w, --Joi�n J07-j— YIV m as, So)etvin 6iQ ' Jieo�- i� -6`0 titling o t o S. CKOL2YL I awplp-s� . f I f u rJ IJ O'S PrUldod -S*4� ISPL—VITIP hOt- o omp fl,�.6h -or S2t-VI,("ps, /I-) IAJ it) f 0 p 1. &Q -morp Man �y2a-L C& 0 -�q Oon '� N a n t �n him or nutselv�- W.-MOW -1 AA Ib DY I ry Lf Cj Orn1-n-C1.1-M-5eca1,O- 01 ros u R r v v fiFnrl v r(o ab ce AV hn ALM 121,p.- LM - OM 2 1 ce-_u Is I n o ()u o r id. t L �a B), I v� OdCbhLr-a4 Le ��, Bld 5) 1&)heLP 7b y f r -�Jlry ;f)M�- b-e-rl no -or d bt)w mi.Oh Ott) I nc- ((A 0 9 r r (v Lly - qD CLnZ -L)z ry-so-t wu AII -T�Tr --lL_ ronsideF appmval- of Developees-Agreernentw& nkeecho ee litility Authority, pertaining-ta.-the_ Commerce Center - City Administrator (Exhblt 3), Lk� ------ 1ADY r - Connpu`wn ln5ff___��or 4e -7pr__Q__nf_M0n -for h__ M__ -1 AP) ----- - --- fQ Y"Vk V 4e na 0 f- Av 1" t etn ___Pce en mn " a,- -_ 7- 7____ _9 qy - tu_ t 20, A_ 'hv___t__ -jak, __ftWvof_- 0-knag, bo5-,Pd ol-),-) -0-apao-twn-0- we -at, -A-4— CUP R tlmup__�;ez - ��5 u touter, Our A W-h YW *9 V YEA u MSTAIN AIMENT N�r _-'30 C DLER AMA iffIRARM WA: OIW v Yl DENIED haghf. PAGE -7- 44*0 1 Ow DIN) moved to award the Commem CentpxZonsMxtim,CwtWto 10 in the amount of OLOnaw,w- City Administrator (ExIdW q), nudwed by Councff- ''JIM, Df+h -UDj+ Fjov n�v h U, cl - N-1 to] 0- 1), 9 h Ow, 0 P/YL5 CA) �CL V 01, J-0 -fh 16, kr WCLRIJS , bljJ- MU,hbr) 8.((-n'4 010 S�lwe 4 On ho' Ch� bi 519pn5c N� eqe pf- I Ow - �A 4. 6 falp 1) 5fc�-�Or) 40 DWYO 5 rr_ - OaM 0-50 P, CDOS ru6y tmshf)� �War pOW-WO-blid a X) Te /YO n 0,�Rcxq 10 (YAVt tOO I-* V�) 0 S (J Po rp t co loil *ihg - NO 1YUCIC hor�'C, Sprvo- noeds. b6-UjlV Ic - cWc DMPI -I Sh - A rea �01 S e (0- /1 tr lhipfW 010-*OUrP , 00r) Compkl� -,56iyy� 'i'UtYR (h � kpq I Y-OfA YM "Y MWAIN MSENT R V V WATIFORD V -womms MOTION<:C��Ejp- DENIED --- ---- - -- Appme Dee Restdctoomforlhe-Cpmmerce Unter!.L4. Attomey (ExhIbft4__ Ohl Ic, OAS �oftut (h' ecf- feWPIA) _LW Jor, Toc.14-d i-PlofIQ fn' 0 YEA --MY - -ABSTAN--ASSENT NOTION: CARRIED DENIED 0 0 PAGE -S, rL pfesentationIffilated tols" water w.da Notice of.1mantralated-tofDEP StomWaterPemitting - Richad Gibney MAN 6).' ha rO - _a9-Pc( fi)'I)g SiD Y n� 'A)cder 90, Or\ rrwfor,,p)ar-, ci'�9 C, 910. 695 - no,- pjft4__pw 1 C( (5k)Q ell I �hs Oro: m I I IPS "C�Cj 0 r �Ihq 1 /r �p -S A __ - � MAW, I � qt (0 p U 11coed f 01"(:m, hm tonpo 5U ro IrAln Cj�jCh5, VA W% f - -mod WA, PO of uofy��- fnapp I t) �n Slzm r 54"Oor) �e (p C� n7(- 11, �Ov�do 8�0 61 1 i 5�d 6�(sd wq e, laf\S rna [a ]der, h Cut)*' /_)�L done OPSS . b�CP lobic- fur .p)o-n . PrqrO/ru - ')10. C( A 49/- CIO CU_�UI0f�"pfjv'5>._)Rv' quali., _#J7. Ih5pect.. �pw Irod Co ft � 1 LA iW b� S4�, L4 W - 0 U3h MOL t nl6in MI-9 mk-Q-(4 t es, pe 59naood . Model 'Vtn'A'Cq-hm ra I r� Rasj, W)( a oj_n� st af f.Jhpff 4 )&ng 4'eym, T�� Q � s iT L�_ClLt v Q_ IDA O� C�f 0 f 5-p- ph ml, t�� ?b 0(' loo)� " d CH Cj wh-mo Or t(pori V 'bE p 11*'R Av 01-0 /7 �_4' [,AJCL4 P( M01), i SSU,�;S d QA% Dp MCI jUfV 0 Con e erho ow) p-nOP&I t tpDIV A rM RP/) h'oq arwa, Cw't fell uu- tumlo- oto Man k aspon d lo 10�1'p 7(�6 b taw Iflaw awn n hK+01n Wwor Archnoolo D Sep. bao� T) C05 paLyj, ' F'M % Q r Oh -A C-SfiMo��O Nn mpa�ue&. Czdamk VItb)V7 f P1DCeyS, Th 0, 7�1 VT C( .51a Poir) P)M, fle/D PAGE-10-___ _ W7` w PAGE-11- w PIN) - mov WVoky , - council memb, Qd to tempora*-close a portim-of — dbagew-, Avertue b -Mw Nopho& Street and Northi%;V, Street - City Clerk (Exhibit 7); wcQnded by Council e Member --- tY Y poSs - Cotre( - 'Sh"d N N C 310-1�w. p bw Ln q-V�it eli h4h�o d (lowg J �0 p Vi hO� 6 V 7� _S0 h� -POCh ZY7. pal J-\ J- avw"o cvl D 5 ho cf Aj -Mae7 [5�,7 Ida w M-e6holliyr John. 0))1e. ofc- (A �or oa ci,) S4-V Ca rp f�d Mao 5pq r �. Surp, . r, a & sbm� -th)..Aq f-h U / yro/rc- --4tre C01W4- PrOCOUA-Al-P YFA 'MAY AMAIN ANENT ftt�,FOZ SAME C LAAM10 MOTION: DENIED AFFIDAVIT OF ALISHER OKEECHOBEE TIMES 106 S,E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a 121181 Ir W0110E PC) A 32fW inthernatterof CITYCOUNCII MFFTINGhnT1CF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the . Court, was published in said newspaper in the issues of 04/1.5/2004 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of [lie attached copy of advertisement; and affiant further says that lie 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. J. W. Owens, (PublKher) Sworn to and subscribed before me this 16 ,k day of o, A.D. 2004 (SEAL) Notary Public OFFICIAL NOTARY SEAL ."?jxy p& 0 496 AWEALEE A BRe~ COMMISSION NUMBER CC 940770 My COMMISSION E)PRES OF o-0 1P JUNE 25,204 12 ou(c&-i vefc�c� CITY OF OKEECHOBEE APRIL 20,2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 1. CALL TO ORDER -Mayor: April 20,2004 City Council Regular Meeting, 6:00 p.m. [I. OPENING CEREMONIES: Invocation given by Pastor Eddie Lamb, Bethel Assembly of God, 0 Pledge of Allegiance led by Mayor. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea I& IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of April 18 through 24, 2004 as "Crime Victims'Week." B. Proclaim the week of May 2 through 8, 2004 as "Municipal Clerks'Week." V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2004 Regular Meeting. APRIL 20,2004 - CITY COUNCIL AGENDA - PAGE 2 OF 3 Vi. k1rill WARRANT REGISTER - City Administrator. A. Motion to approve the March 2004 Warrant Register. General Fund $340,490.98 Industrial Development Fund 14,339.78 CDBG Grant Fund 1,386.09 Capital Project (vehicles) 844.57 Law Enforcement Special Fund 191.97 Public Facility Improvement Fund 13.99 AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 853 pertaining to Construction Licensing Enforcement Procedures with the City and County - City Attorney (Exhibit 1). 1 b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 853. 2.a) Motion to adopt proposed Ordinance No. 853. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. APRIL 20,2004- CITY COUNCIL AGENDA -PAGE 3 OF 3 9 IX. NEW BUSINESS. A. Consider Addendum to Craig A. Smith & Associates Engineering Contract - Gene Schriner (Exhibit 2). B. Consider approval of Developer's Agreement with Okeechobee Utility Authority, pertaining to the Commerce Center - City Administrator (Exhibit 3). C. Motion to award the Commerce Center Construction Contract - City Administrator (Exhibit 4). D. Approve Deed Restrictions for the Commerce Center - City Attorney (Exhibit 5). E. Presentation related to Storm Water and a Notice of Intent related to FDEP Storm Water Permitting - Richard Gibney (Exhibit 6). F. Discuss realignment of Regional Planning affiliation - Councilman Wafford. G. Motion to temporarily close a portion of Northeast 411 Avenue between Northeast V Street and Northeast 5" Street - City Clerk (Exhibit 7). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0000PI -cal governtrient o,-xists throughout, - j"s, the Office of the Municipal Clerk- a time honored and vital part of k ld; and the wor and *op-Officeof the Muricipal Clerk is the oldest among public servants -en t lie citizeiis, tl ic local governing Wbereas; the Office ofthe Mitnic ipa I Clerk provides the professional link betwc 4�W bodies arA agencies of government at other levels; and NV,bereas, Municipal Clerks have pledged to be ever mindful of their neuir,,tljt3 and impartialit�,, rendering equal servke to all; and Wbereas, the Municipal Clerk serves as the inibmation center on functiow, of local government and community. ),A Whereas, Municipal Clerks continually strive to improve the administration of the affairs ot the Office of the Municipal Clerk thr(xigh participation in education programs, smninar�,, workshops, and the annual meeting of their state, province, county and international professional organizations, atid Whereas, it is most approprialt- that we recognize the accomplishments of the Oftice of the Municipal Clerk. Now Tberefore, 1, James E. Kitlr, by virtue of the authority vested in me, its Ma� or of the City of Okeechobee, do hereby proclaim the week of May 2 through May 8, 2004, as "Mil NICIPAL CLERKSO WEEK-, and flirther extend appreciation to out Municipal Clerk, Lane Gamiotca end to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they reprdsent. '7'f. Va"M ". AP"AW& od Noy, a4aealued&� $"*I& AP '.1 j,-e James r A 4, ane G y0itMCity C",-r' 200 drl wi 1, is' ti I 14 4 I OW I 000r, oil office of the Mayor CA I itla 47 WV7 7W 11, S."A01's st ruggles and loss, and valu�4.1!;W AS�.we as a Nation recognize crime victims! suffering Be. members and friends, neighbors and co-worke rs who have been harmed by cril AS, we,as individuals and communities value core rights for crime victims that alloW them th rights to information, protection, restitution,and to be per WipateinjustleePrOcesw8wt we value the critical assistance and services that prov Ide for crime victims'baslc needs, sock as fair treatmentdignity, respect and Information, and the I I fe essentials, such as safe housing, fooij supportfor their children, transportation, counseling and Hied Ica Iservices. and WHBR-BAS, we value those among us who work on behalf of crime victims to not only improve r g t wrvicesand trgstmentof victimsof crimebuttoalso build a bcttcrand more just community and country -,and WHBRBAS,we valueour rightto be freefrom violenceto be safe Inour homesand to live In peace In our 11 ),A communiti�l%and VVUBREAS, Americaasa Nation values liberty andjustice for all, incl udingefforts to protectenhance and expand crime vktIms7 rights and services-, and V�MREA!�,Amerlca has)Dived together annually for the past 24 years to recognize. the needs and rights and survivors. NOW TEMRSPORE, 1, James R Kirk, by virtue of the authority vested in me as Mayor of the City of OkefthdbiM do hereby proclaim the week of April 18-24,2004 to be Crime Victims' Wee'k and eyearandthatas honotcrIth evictimsand those who serve themduring this week and throughout th hidividual%as communities and asa nation, we continue to value crimevictimsand survivors,and to val#VjudOce inour nation that Includes and involves crime victims. la witness whereoflha ve heranto set my hand andcaused this seal to beaMxed James B. KI 4 5 Attest. Lane Oamlok4a, City'04e-r'5-��' RMW -71 0 EXHIBIT I - APRm 20,2004 AGENDA ORDINANCE NO. 853 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 660; PROVIDING FOR INTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY, FLORIDA TO COMBINE AND CO- ORDINATE CERTAIN CONSTRUCTION LICENSING ENFORCEMENT PROCEDURES AND APPEALS FOR THOSE CONTRACTORS WHO ELECT TO WORK WITHIN THE CITY OF OKEECHOBEE; PROVIDING AND ESTABLISHING PROCEDURES FOR CITY STAFF TO INVESTIGATE AND PRESENT CONSTRUCTION LICENSING ISSUES OR VIOLATIONS BEFORE THE OKEECHOBEE COUNTY CONSTRUCTION INDUSTRY LICENSING BOARD; PROVIDING FOR APPEALS FROM BOARD DECISIONS; AMENDING ORDINANCE NO. 660 TO THE EXTENT NECESSARY TO PERMIT THE CITY AND OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCESS; PROVIDING FOR REPEAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 660 to opt out of inclusion of the City into certain ordinances adopted by Okeechobee County, Florida concerning the jurisdiction of the county over zoning, planning and development issues, including building and license permitting, within the incorporated area of the City of Okeechobee; and WHEREAS, the City of Okeechobee, Florida operates its own building department, aswell as zoning, planning and development boards, to address these issues within the City for permitting, inspection, enforcement, and other issues; and WHEREAS, the City of Okeechobee, Florida, through its codes and land development regulations, does not possess a code, board, or mechanism within the City to adequately address enforcement of construction industry contractor licensing issues, including violations, that may occur within the incorporated area of the City; and WHEREAS, Okeechobee County, Florida has a construction industry contractors licensing board in place to address such licensing issues, and has agreed to participate with the City of Okeechobee by allowing its board to hear and consider such licensing enforcement issues, by execution from time to time of an inter -local agreement concerning same; and WHEREAS, the use by the City of the County Licensing Board for these issues will provide protection for its citizens against unlicensed contracting, failure to comply with building codes, provide a list of contractor references, require insurance coverage by a contractor, set forth minimum training and experience standards for a contractor, and provide other valuable services for citizens of the City of Okeechobee; 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: REPEAL OF CONFLICTING ORDINANCE. A. By this ordinance, the City of Okeechobee, Florida specifically repeals any portion of Ordinance No. 660 that purports to opt out, or exempt, the City of Page 1 of 3 0 0 Okeechobee from the application, operation and effect of Article 1, Section 1.09.00 contained in County Ordinance No. 92-20, County Land Development Regulations, to the incorporated area of the City of Okeechobee; however this repeal shall only apply to those functions of the City and County that pertain to construction industry licensing and enforcement issues of the City and County. B. The intent of this repeal is for the City of Okeeechobee to continue to exclusively provide for the enactment of codes, regulations, procedures, licensing and permitting matters that pertain to all zoning, building, planning and development functions within the City of Okeechobee, but to enter into inter -local agreement with Okeechobee County only for the purpose of enforcing construction licensing codes or violations before the Okeechobee County Construction Industry Licensing Board, that may occur or arise from time to time out of construction activity within the City. SECTION 2: PROCEDURES. A. The City of Okeechobee shall provide, through its building department, department of General Services and Department of Finance, sufficient staff to receive, process, and issue permits for contractors, builders, handymen, or others who wish to perform such services within the City; to cause inspection of the work; to receive complaints from the public, to investigate violations, including but not limited to unlicensed contracting; exceeding the scope of a license; failure to complywith applicable codes; failure to possess insurance; and other matters as in the discretion of the City are necessary for protection of the public by providing for quality and reliable work by contractors. B. The City of Okeechobee shall create and maintain a system of records to monitor the issuance of such licenses, all inspections, copies of licenses, reports of complaints from the public, and results of investigations into same, and at its own expense provide City staff to file any complaint for enforcement thereon with the Okeechobee County Construction Industry Licensing Board; and to appear and present such complaint at a duly noticed meeting of the construction industry licensing board for appropriate action. C. The procedures and regulations set forth by Okeechobee County for the manner of operation of the Construction Industry Licensing Board in Ordinance No. 92-20, and as amended, or such other applicable county ordinance, shall govern the operation of the Construction Industry Licensing Board meeting which addresses any complaint filed by, or arising in, the City of Okeechobee. D. If the Construction Industry Licensing Board issues an order of violation or enforcement on a complaint submitted by the City of Okeechobee, the actual enforcement measures taken to obtain compliance by a contractor or other violator shall be performed by the City of Okeechobee, whether it be suspension of license, enforcement through Florida Statues Chapter 162, or such other means as designated by the City, and a report on such action to be submitted to the County Construction Industry Licensing Board. E. In the event a contractor or other person found to be in violation of City Codes elects to appeal the decision of the Construction Industry Licensing Board, such action and the procedures therefore shall be according to applicable County Code in effect at the time, with the City of Okeechobee named as respondent therein. All appellate procedures, pleadings, briefs or other necessary documents relevant to such appeal, and the costs therefore, Page 2 of 3 shall be filed by and through the office of the City Attorney on behalf of the City. However, as the board rendering such decision is under the auspices of the Board of County Commissioners, Okeechobee County would be an interested party in the appeal, and the office of the County Attorney may participate in such appeal as it determines is appropriate and necessary. F. As each entity to this inter -local agreement addresses these enforcement issues under their own appointed boards or employees, the City of Okeechobee and Okeechobee County each shall hold the other harmless from any claim, action, demand or suit wherein it is claimed a board, agent, employee of such entity has acted negligently, maliciously, or contrary to established rule or ordinance in the prosecution, enforcement and appeal of a complaint before the County Construction Industry Licensing Board, including indemnification for damages, costs and reasonable attorneys fees incurred by the non -offending entity. G. It is specifically agreed and understood that nothing in this agreement shall be construed or interpreted as a waiver of sovereign immunity under Florida law by either the City of Okeechobee or Okeechobee County, and such immunity is retained by each entity as to any claim, demand or suit arising out of the operation of this agreement by any person or entity. SECTION 3: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4: EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 6" day of April, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea PASSED and ADOPTED on second and final public hearing this 20th day of Apffl, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor ExHIBIT 2 — APRIL 20,2004 AGENDA cps CRAIG A SMITH & ASSOCIATES CONSULTING ENGINEERS - PLANNERS - SURVEYORS - GRANT SPECIALISTS April 7, 2004 Bill L. Veach, City Administrator City of Okeechobee 55 S.E. Third Avenue Okeechobee, FL 34974-2932 VIA FACSIMILE 863-763-1686 RE: CITY OF OKEECHOBEE COMMERCE CENTER CAS PROJECT NO: 00-0986 Dear Mr. Veach, After nearly four (4) years of diligently working together, the majority of the design and permitting work associated with the City's Commerce Center is complete and out to bid I believe that your project is finally becoming a reality. While many firms would have abandoned the project through the uncertainties and obstacles the City has faced, we are proud to have stayed with the project and to have been a part of this innovative adventure into rural economic development. Craig A. Smith and Associates (CAS) has worked closely with the City, going above and beyond our scope of work in order to make sure the grants would be available for construction. The efforts that you and the City have made to keep this project going are commendable. I believe that when you first began this project Dale quoted to you and the City Council that only one (1) in ten (10) of these economic development projects make it to fruition. You have done well. When CAS entered into this contract, an active tenant was available and our contract for services provided for design, permitting and construction, one time as one project. As you recall, the preliminary engineering portion of $12,500.00 was to be reimbursed to CAS by the tenant, and in good faith CAS developed and provided the City with the Preliminary Engineering Report to assist in obtaining necessary grants for this project. CAS was never reimbursed for this Preliminary Engineering Report. As time went on, the proposed tenant had difficulty in securing funding for this project, at which time the project began to take on many different turns of events. At the request of the City, CAS continued with the project by designing, permitting, bidding and managing construction of separate portions of this project to maintain the existing grants. This approach to a project is time consuming and requires duplicate efforts that would not have occurred if the project were bid and constructed as one (1) project, as anticipated. In addition to 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 www.craigasmith.com . .41 0 0 City of Okeechobee April 7, 2004 Commerce Park Page 2 of 5 CAS Project No 00-0986 the multiple phasing of the project, the site plan was completely revised due to issues with the grant, including various issues raised by SFWMD and abnormal environmental issues that were discovered on the site during the process. In spite of all these additional issues and time, CAS along with assistance of the City were able to retain a significant amount of the grants committed to this project, while also securing additional funding (OTED) to replace the lone lost grant (CDBG). In good faith CAS continued with this project and the City throughout the added time and project scope/schedule disruption such that this project would continue to be viable and successful. We worked and generated significant effort beyond what was reasonable and anticipated for a project of this magnitude. CAS was willing in the beginning of the project to wait for funding to coincide with grant reimbursables. However, due to the circumstances previously outlined and due to a project schedule that was extended from eighteen (18) months to four (4) years, we are financially at our limits for a project of this size and for a firm of our size. CAS was willing to complete all work as required for the grants and did not abandon the City's project. We trust that the City will provide us assistance due to our perseverance. We have reviewed our scope of services per contract, as well as the effort expended to date. We are asking the City to consider our request for additional compensation for services performed outside our initial scope of services. Due to the circumstances previously outlined, we feel we are justified in asking for these additional services. We are available to meet with you to answer questions which you may have as you review this request for additional compensation. In reviewing our contract, the additional services fall in two (2) categories; additional services outside the scope and additional services beyond the funding allowed for under Section D of our contract. The issues are as follows: The project has been delayed approximately three (3) years due to circumstances beyond our control. CAS accrued additional effort during this time along with overhead and operational cost increases. The site plan was completely redesigned due to unforeseen environmental issues. Additional effort was required to redesign, prepare preliminary plans and numerous additional cost estimates throughout the project. The new design required re -processing through the site plan review process including additional permitting. The project required two (2) additional unanticipated contracts. Our scope was for letting of one (1) contract for the entire project. The two (2) additional contracts were-, the NEMW 9th Street project and Contract 1A in the park. The NEMW 9th Street project was initiated to facilitate expenditure of a $300,000.00 appropriation within the required timeframe in order that funding was not lost. The Contract 1A was initiated to lock -in and retain the grant dollars from EDA. City of Okeechobee Commerce Park CAS Project No: 00-0986 April 7, 2004 Page 3 of 5 Both of these changes required additional effort and services related to the preparation of contract documents, services during bidding through contract award, construction management services and construction observation services. Contract 1A required final design plans for a small portion of the designed and proposed roadway. Additional survey effort was necessary, as time constraints required CAS to provide design survey prior to completion of the boundary survey. This required additional costs. NE/NW 9th Street intersection improvements required additional coordination with the FDOT so both the projects (U.S. 441 widening and NE/NW 9th Street) would be constructed without conflicts. This involved additional meetings, importing and overlaying the U.S. 441 plans with ours, drainage and area calculations. It also involved preparing multiple preliminary roadway layouts as many combinations of turn lanes and road alignments were contemplated for various right-of-way acquisition strategies. Several sketches and legal descriptions were prepared to support the intersection improvements contemplated above. Sketches and legal descriptions were prepared in support of the right-of-way taking for NE 9th Street west of Taylor Creek, which was unexpected. Additional gopher tortoises' locations were encountered on site than indicated in the preliminary engineering report. These were located in direct conflict with the road construction planned to lock in the funding (Contract 1A). This required redesign of the road again in another location. It also required additional survey as all of the holes had to be field surveyed and located. Two (2) unanticipated permits were required, one (1) for an emergency taking to facilitate Contract 1A and one (1) for the rest of the project. This involved both additional engineering and environmental coordination time. Groundwater monitoring wells were added to the wetlands to aide the permitting process. This also allowed the City to utilize additional acreage without mitigation costs. This involved additional survey effort. Attached is a spreadsheet outlining all of the above listed items. These have been grouped into the two (2) major categories outlined above. Also attached are proposals from our sub -consultants for the environmental and specialized engineering services as outlined in our contract. Our total additional services amount to $187,878.00. CAS is working diligently to complete this project, as it is still a high priority. We are still committed to the City on this project and do not intend on abandoning our efforts with the City. If you have any questions regarding the schedule and/or request for additional compensation, please call Jim Orth or myself City of Okeechobee Commerce Park CAS Project No: 00-0986 April 7, 2004 Page 4 of 5 Again, you are to be commended on retaining this park of commerce as a viable project and thank you for your patience and future assistance regarding this matter. Please find attached exhibits outlining the additional services fees, expenditures and a summary of invoicing to date. Sincerely, CRAJG A. SMITH & AsSOCLATES Gene R. Schriner, P.E. President GRS:ccv Enc. Approved By: CITY OF OKEECHOBEE Signature Print Name Title Date Amount Approved By Council L:%JanchOO-0986kcorresporidencekveachO4-06-04.2-contrad issues.doc 4 0 0 E 0 PAGE 5 OF 5 Description Justification General Additional Services Project Delay CAS is willing to waive additional compensation Set up and provide GPS information for preliminary site work to keep project from dissolving $ Calculate and stake temporary road in park (Contract 1A) $ Phased Bidding Effort occurred during period of time ( through 4/30/03) Phased Construction Management Effort on Task through 12/30/03 Phased Construction Observation Effort on Task through 12/30/03 441 Intersection Design and Coordination with FDOT Intersection Property Acquisition $ NE 9th & Taylor Creek Property Acquisition $ SUB -TOTAL -General Additional Services $ Type D services (estimated at $50,000) 1. Site Surveys 2. Soil Borings $2,500(Dunkleberger), 3. Property Surveys (INCLUDED IN 1 above) 4. Necessary data for Litigation 5. Redesigns (includes final design of Contract 1 A north and south of existing road at our contract amount for preliminary engineering) 6. Court Appearances (engineer represented City at no charge) 7. Environmental Gopher Tortoise Issue Groundwater Monitoring Wells 8. Construction Stakeout (contractor to provide) 9. Operations and Maintenance Manuals included in basic fee) 10. Permitting (included in A, basic fee) 11. Design of hook-ups (included in A, basic fee) 12. Specialized Engineering Services - Bridge Design - Rail Design -Utility Locates TOTAL -Type D services CAS Survey 5,889.71 738.28 405.21 $ 1,091.13 8,124.33 $ 38,506.43 11,477.15 1,630.75 5,518.26 1,038.31 Engineering 10,635.00 18,845.00 33,625.00 9,557.50 1,741.25 Sub -consultants 74,403.75 $ - 2,500.00 12,500.00 12,000.00 $ 31,380.00 $ 38,800.00 82,528.08 TOTAL 1,224.76 $ 2,500.00 58,170.90 $ 15,000.00 $ 82,180.00 $ 155,350.90 TOTAL Less Contract Amount $ 50,000-00 SUB-TOTAL-Reimbursibles for Type D Services $ 105,350-90 SUB -TOTAL -General Additional Services $ SUB-TOTAL-Reimbursibles for Type D Services $ TOTAL- $ SUMMARY 82,528.08 105,350.90 187,878.98 OI&CHOBEE UTILITY AUTHORITY WATER AND WASTEWATER SYSTEM STANDARD DEVELOPER'S AGREEMENT EXHIBIT 3 — APRII, 20,2004 AGENDA THIS AGREEMENT made and entered into this day of 1 2004, by and between Citv of Okeechobee Commerce Center., hereinafter referred to as "Developer," and OKEECHOBEE UTILITY AUTHORITY, hereinafter referred to as "OUA." RECITALS 1. DEVELOPER owns or controls lands located in Okeechobee County, Florida, and described in Exhibit "A", attached hereto and made a part hereof as if fully set out in this paragraph and hereinafter referred to as "Property," and DEVELOPER has or is about to develop the Property by erecting thereon commercial improvements. 2. DEVELOPER is desirous of providing forthe construction and/or maintenance of central water and wastewater facilities so the commercial improvement constructed will receive adequate water and wastewater service. 3. OUA is willing to provide, in accordance with the provisions and stipulations hereinafter set out, and in accordance with all applicable laws, central water and wastewater facilities, and to have extended such facilities by way of water mains, wastewater mains, and lift station, and to thereafter operate such facilities so the occupants of each residence or commercial improvement constructed on the Property will receive an adequate water and wastewater service from OUA. ACCORDINGLY, for and in consideration of the Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties, DEVELOPER and OUA hereby covenant and agree as follows: SECTION 1. RECITALS. The above Recitals are true and correct, and form a material part of this Agreement. SECTION 2. DEFINITIONS. The definitions set forth in the Interlocal Agreement creating the Okeechobee Utility Authority between Okeechobee County, Florida (the "County"), and the City of Okeechobee, Florida (the "City"), dated November 10, 1994, and the Master Transfer Agreement by and among OUA, the County, the City, and Okeechobee Beach Water Association, Inc. ("OBWA"), dated July 13, 1995, and OUA Resolutions Nos. 95-5, 95-9 and 95-10, shall apply in this Agreement unless otherwise specified below. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement and apply unless the context indicates a different meaning: (1) "Service" - The readiness and ability on the part of OUA to furnish water and wastewater service to each unit. 1 (2) "Point of Deliver* Distribution" - The point where thAspes of the utility are connected with the pipes of the customer. Unless otherwise indicated, the point of delivery shall be at a point in the customer's lot or property line. (3) "Contribution -in -Aid -of -Construction" - The sum of money, and/or property, represented by the value of the water distribution and wastewater collection systems constructed by DEVELOPER, which DEVELOPER covenants and agrees to pay or deliver to OUA, as a Contribution -in -Aid -of -Construction, to induce OUA to provide water and wastewater service to the Property. SECTION3. EASEMENT AND RIGHT OF ACCESS. DEVELOPER hereby grants and gives OUA the exclusive right or privilege to own, maintain, and operate the water and wastewater facilities in, under, over and across the present and future streets, roads, easements, reserved utility sites as provided and dedicated to public use in the record plats, or as provided for in agreements, dedications or grants made otherwise and independent of said record plats. DEVELOPER hereby further agrees that the foregoing grants include the necessary right of ingress and egress to any part of the Property; that the foregoing grants shall be for such period of time as OUA requires such rights, privileges or easements in the ownership, maintenance, operation or expansion of the water and wastewater facilities; that in the event OUA is required to install any of its water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then DEVELOPER shall grant to the extent reasonably possible to OUA, without cost or expense to OUA, the necessary easement or easements for such 11private property" installation; provided, all such "private property" installation by OUA shall be made in such a manner as not to interfere with the then or future use of such "private property." OUA covenants that it will use due diligence in ascertaining all easement locations; however, should OUA install or accept ownership of any facilities outside a dedicated easement area, DEVELOPER, on behalf of itself and the successors and assigns of DEVELOPER, covenants and agrees that OUA will not be required to move or relocate any facilities lying outside a dedicated easement area so long as the facilities do not interfere with the then or future use of the area in which the facilities have been installed. In the event any such facilities, which have been funded and installed by OUA, do interfere with the then or future use of the area, OUA agrees to relocate such facilities at its own cost as promptly as reasonably possible. OUA hereby agrees that all easement grants will be utilized in accordance with the established and generally accepted practices of the water and wastewater industry with respect to the installation of all its water and wastewater facilities in any of the easement areas; and DEVELOPER in granting easements herein, or pursuant to the terms of this instrument, shall have the right to grant exclusive or non-exclusive rights, privileges and easements to other entities to provide to the Property any utility services other than water and wastewater service. SECTION 4. PROVISION OF SERVICE. In consideration of, and upon full co mpliance with all of the prerequisites to be performed by DEVELOPER, contained in this Agreement, and all applicable OUA policies, procedures, and Resolutions, OUA covenants and agrees that it shall allow the connection of the water distribution and wastewater collection facilities installed by DEVELOPER to the central water and wastewater facilities of OUA in accordance with the terms and intent of this Agreement. Such connection shall be in accordance with rules and regulations of the Department of Health and Rehabilitative Services and the Florida Department of Environmental Protection. OUA agrees that, once it provides water and wastewater service to the Property, and DEVELOPER or others have connected customer installans to the Water and Wastewater Otern, thereafter OUA shall provide, at its initial cost and expense, but in return for payment of all applicable rates, fees, and charges and in accordance with and subject to the other provisions of this Agreement, and of applicable laws, including rules and regulations and rate schedules, water and wastewater service to the Property in a manner to conform with all requirements of all governmental agencies having jurisdiction over the water distribution and wastewater collection operation of OUA. SECTION 5. DESIGN, REVIEW, CONSTRUCTION, INSPECTION, AND. CONVEYANCE OF FACILITIES. 5.1. To induce OUA to provide water and wastewater facilities, and to provide customers located on the Property with water and wastewater services, DEVELOPER hereby covenants and agrees to pay for the construction and to transfer ownership and control to OUA as a Contribution -in -Aid -of -Construction, the on -site and off -site water distribution and wastewater collection systems referred to in the Special Conditions attached hereto as Exhibit "B". 5.2. DEVELOPER shall pay, in accordance with OUA's applicable published rate schedule for the same classification of service, OUA to review engineering plans and specifications of the type and in the form as prescribed by OUA, showing the on -site and off -site water distribution and wastewater collection systems proposed to be installed to provide service to the Property. OUA will advise DEVELOPER's engineer of any sizing requirements as mandated by OUA Resolutions Nos. 95-9 and 95-10, as amended from time to time, for the preparation of plans and specifications for facilities within the Property. If applicable, such detailed plans may be limited to a phase of the Property, and subsequent phases may be furnished from time to time. However, each such phase, if applicable, shall conform to a master plan for the development of the Property and such master plan shall be submitted to OUA concurrent with or prior to submission of plans for the first phase. All such plans and specifications shall be submitted to OUA and no con- struction shall commence until OUA has approved such plans and specifications in writing. After approval, DEVELOPER shall cause to be constructed, at DEVELOPER's expense, the water distribution and wastewater collection systems as shown on all plans and specifications. 5.3. During the construction of the water distribution and wastewater collection systems by DEVELOPER, OUA shall have the right to inspect, with prior reasonable notice to DEVELOPER, such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further, shall be entitled to perform, with prior reasonable notice to DEVELOPER, standard tests for pressure, filtration, line and grade, and all other normal engineering tests required by specifications and/or good engineering practices. Complete as -built plans shall be submitted to OUA upon completion of construction. 5.4. Fees, in accordance with OUA's applicable published rate schedule for the same classification of service, will be levied by OUA to cover the cost of plan review and inspection, and the cost of DEVELOPER neg ,2tiati.ons. 5.5. By these presents, DEVELOPER hereby transfers to OUA title to all water distribution and wastewater collection systems installed by DEVELOPER's 3 contractor, pursuant to theovisions of this Agreement. Such coloyance is to take effect without further action upon the acceptance by OUA of the said installation. As further evidence of said transfer of title, and upon the completion of the installation and prior to the rendering of service by OUA, DEVELOPER shall convey to OUA, by bill of sale, or other appropriate documents, in form satisfactory to OUA's counsel, the appropriate on -site and complete off -site water distribution and wastewater collection system as constructed by DEVELOPER and approved by OUA, as set forth in this Agreement. DEVELOPER shall further cause to be conveyed to OUA, all easements and/or rights -of -way covering areas in which water distribution and wastewater collection systems are installed by recordable document in form satisfactory to OLIA's counsel. All conveyance of easements and/or rights -of -way shall be accompanied by evidence of title satisfactory to OUA, which establishes DEVELOPER's right to convey such continuous enjoyment of such easements or rights -of -way for those purposes set forth in this Agreement. The use of easements granted by DEVELOPER shall include the use by other utilities, so long as such uses by electric, telephone or gas utilities, or cable television do not interfere with use by OUA. OUA agrees that the acceptance of the water distribution and wastewater collection systems installed by DEVELOPER, for service, or acceptance of the bill of sale, shall constitute that assumption of responsibility by OUA for the operation and maintenance of such Water and Wastewater System from that date forward. 5.6. All installations by DEVELOPER or its contractor shall be warranted for at least ONE (1) year from the date of acceptance by OUA. Mortgagee(s), if any, holding prior liens on such properties shall be required to release such liens, subordinate their position and join in the grant or dedication of the easements or rights -of -way. All water distribution and wastewater collection facilities shall be covered by easements if conveyed to OUA and not located within platted or dedicated rights -of -way. 5.7. Whenever the development of the Property involves one customer or a unity of several customers, and in the opinion of OUA ownership by OUA of the internal water distribution and wastewater collection system is not necessary, then, at the sole option of OUA, DEVELOPER, or its successor or assigns, may retain ownership and the obligation for maintenance of such on -site facilities. 5.8. Payment of the Contributions -in -Aid -of -Construction does not and will not result in OUA waiving any of its rates, rate schedules or rules and regulations, and their enforcement shall not be affected in any manner whatsoever by DEVELOPER making the contribution. OUA shall not be obligated for any reason whatsoever nor shall OUA pay any interest or rate of interest upon the contribution. Neither DEVELOPER nor any person or other entity holding any of the Property by, through or under DEVELOPER, or otherwise, shall have any right with respect to a refund of contributions, or interest payment on said contributions. No user or customer of water and wastewater services shall be entitled to offset any bill or bills rendered by OUA for such service or services against the contributions. DEVELOPER shall not be entitled to offset the contributions against any claim or claims of OUA. SECTION�6. EVIDENCE OF TITLE. At the expense of DEVELOPER, OUA shall order from a title insurer licensed to do business in the State of Florida, and otherwise acceptable to OUA, evidence of title with respect to Property and/or that portion of the Property which shall be subject to the easement(s) for On -Site Facilities (as defined herein), if any, being granted to OUA pursuant to the terms hereof. Any lien holder 4 acceptable to OUA and anwrtgagee having an interest in the Pleerty shall be required to join in the grant of service rights set forth in this Agreement and in any document evidencing easement rights granted to OUA. SECTION7. OWNERSHIP OF FACILITIES. DEVELOPER agrees with OUA that all water and wastewater facilities conveyed to OUA for use in connection with providing water and wastewater services to the Property, shall at all times remain in the complete and exclusive ownership of OUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have the right, title, claim or interest in and to such facilities, or any part of them, for any purpose, including the furnishing of water and wastewater services to other persons or entities located within or beyond the limits of the Property. SECTION 8. APPLICATION OF RULES, REGULATIONS. RATES. FEES, AND CHARGES. Notwithstanding any provision in this Agreement, OUA may establish, revise, modify and enforce rules, regulations, rates, fees and charges covering the provision of water and wastewater service to the Property. Such rules, regulations, rates, fees and charges are subject to the approval of the OUA Board. Such rules and regulations shall at all times be reasonable and subject to regulation as may be provided by law or under contract. Rates, fees and charges assessed to DEVELOPER or customers located upon the Property shall be identical to rates, fees and charges assessed for the same classification of service. All rules, regulations rates, fees and charges in effect, or placed into effect in accordance with the preceding shall be binding upon DEVELOPER, upon any other entity holding by, through or under DEVELOPER and upon any customer of the water and wastewater service provided to the Property by OUA. SECTION 9. PERMISSION TO CONNECT REQUIRED. DEVELOPER, or any owner of any parcel of the Property, or any occupant of any residences or buildings located thereon, shall not have the right to and shall not connect to any customer installation to the water and wastewater facilities of OUA until approval for such connection has been granted by OUA. SECTION 10. BINDING AGREEMENT: ASSIGNMENTS BY DEVELOPER. This Agreement shall be binding upon and shall inure to the benefit of DEVELOPER, OUA and their respective assigns and successors by merger, consolidation or conveyance. This Agreement shall not be sold, conveyed, assigned or otherwise disposed of by DEVELOPER without the written consent of OUA first having been obtained. OUA agrees not to unreasonably withhold such consent. SECTION 11. NOTICES. Any notice, report, demand or other instrument authorized or required to be given or furnished hereunder shall be deemed given or fur- nished (i) when addressed to the party intended to receive the same, at the address of such party set forth below, on the date hand delivered at such address, or (ii) three (3) business days after the same is deposited in the United States mail as first class mail, postage paid, return receipt requested, whether or not the same is actually received by such party, or (iii) on the first business day following delivery of same to an overnight courier, as evidenced by the sender's copy of the bill of lading issued by such overnight courier. To DEVELOPER: Bill Veach Citv of Okeechobee 55 SE Ta Avenue Okeechobee,F134974 To OUA: OKEECHOBEE UTILITY AUTHORITY Attn.: Landon C. Fortner, Jr., Executive Director Post Office Box 835 Okeechobee, Florida 34973-0835 Any party may change the address to be used for notification purposes hereunder by providing written notice thereof in accordance with the terms hereof to the other parties. SECTION 12. SURVIVAL OF COVENANTS. The rights, privileges, obligations and covenants of DEVELOPER and OUA shall survive the completion of the work of DEVELOPER with respect to completing the water and wastewater facilities and services to any phase area and to the Property as a whole. SECTION 13. ENTIRE AGREEMENT: AMENDMENTS, APPLICABLE LAW ATTORNEY'S FEES. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between DEVELOPER and OUA, made with respect to the matters herein contained, and when duly executed, constitutes the agreement between DEVELOPER and OUA. No additions, alterations or variations of the terms of this Agreement shall be valid, nor can provisions of the Agreement be waived by either party, unless such additions, alterations, variations or waivers are expressed in writing and duly signed. This Agreement shall be governed by the laws of the State of Florida, and it shall be and become effective immediately upon execution by both parties hereto. In the event that OUA or DEVELOPER is required to enforce this Agreement by court proceedings or otherwise, by instituting suit or otherwise, then the prevailing party shall be entitled to recover all costs incurred and including reasonable attorneys'fees, at both the trial and appellate court levels. SECTION 14. DISCLAIMERS; LIMITATIONS ON LIABILITY. 14.1. STATUS. THE PARTIES DEEM EACH OTHER TO BE INDEPENDENT CONTRACTORS, AND NOT AGENTS OF THE OTHER. 14.2. INDEMNITY. DEVELOPER SHALL INDEMNIFY OUA, ITS BOARD MEMBERS, AGENTS, EMPLOYEES, CONSULTANTS, AND CONTRACTORS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, DEMANDS, DAMAGES, EXPENSES, FEES, FINES, PENALTIES, SUITS, PROCEEDINGS AND ACTIONS, INCLUDING ATTORNEYS'FEES, FOR INJURY (INCLUDING DEATH) TO PERSONS OR DAMAGE TO PROPERTY OR PROPERTY RIGHTS THAT MAY ARISE FROM OR BE RELATED TO ACTS, ERRORS, OR OMISSIONS OF DEVELOPER, ITS AGENTS, EMPLOYEES, SERVANTS, LICENSEES, INVITEES, OR CONTRACTORS OR BY ANY PERSON UNDER THE CONTROL OR DIRECTION OF DEVELOPER, OR BY DEVELOPER'S USE OF OUAS SYSTEM, AND DEVELOPER SHALL INDEMNIFY OUA AS AFORESAID FROM ALL LIABILITY, CLAIMS AND ALL OTHER ITEMS M ABOVE MENTIONED, AR&G OR GROWING OUT OF OR CIONECTED WITH ANY DEFAULT, BREACH, VIOLATION OR NONPERFORMANCE BY DEVELOPER OF ANY COVENANT, CONDITION, AGREEMENT OR PROVISION CONTAINED IN THIS AGREEMENT CONCERNING ALL OR ANY PART OF OUA'S SYSTEM. 14.3. FORCE MAJEURE. OUA SHALL NOT BE LIABLE OR RESPONSIBLE TO DEVELOPER BY REASON OF THE FAILURE OR INABILITY OF OUA TO TAKE ANY ACTION IT IS REQUIRED TO TAKE OR TO COMPLY WITH THE REQUIREMENTS IMPOSED HEREBY OR ANY INJURY TO DEVELOPER OR BY THOSE CLAIMING BY OR THROUGH DEVELOPER, WHICH FAILURE, INABILITY OR INJURY IS CAUSED DIRECTLY OR INDIRECTLY BY FORCE MAJEURE AS HEREINAFTER SET FORTH. THE TERM "FORCE MAJEURE" AS EMPLOYED HEREIN SHALL MEAN ACTS OF GOD, STRIKES, LOCK -OUTS, OR OTHER INDUSTRIAL DISTURBANCE; ACTS OF PUBLIC ENEMIES, WAR, BLOCKADES, RIOTS, ACTS OF ARMED FORCES, MILITIA, OR PUBLIC AUTHORITY; EPIDEMICS; BREAKDOWN OF OR DAMAGE TO MACHINERY, PUMPS, OR PIPE LINES; LANDSLIDES, EARTHQUAKES, HURRICANES, FIRES, STORMS, FLOODS, OR WASHOUTS; ARRESTS, TITLE DISPUTES, OR OTHER LITIGATION; GOVERNMENTAL RESTRAINTS OF ANY NATURE WHETHER FEDERAL, STATE, COUNTY, MUNICIPAL OR OTHERWISE, CIVIL OR MILITARY; CIVIL DIS- TURBANCES; EXPLOSIONS; FAILURE OR INABILITY TO OBTAIN NECESSARY MATERIALS, SUPPLIES, LABOR OR PERMITS OR GOVERNMENTAL APPROVALS WHETHER RESULTING FROM OR PURSUANT TO EXISTING OR FUTURE RULES, REGULATIONS, ORDERS, LAWS OR PROCLAMATIONS WHETHER FEDERAL, STATE, COUNTY, MUNICIPAL OR OTHERWISE, CIVIL OR MILITARY; OR BY ANY OTHER CAUSES, WHETHER OR NOT OF THE SAME KIND AS ENUMERATED HEREIN, NOT WITHIN THE SOLE CONTROL OF OUA AND WHICH BY EXERCISE OF DUE DILIGENCE OUA IS UNABLE TO OVERCOME. 14.4. DISCLAIMER OF THIRD PARTY BENEFICIARIES. THIS AGREEMENT IS SOLELY FOR THE BENEFIT OF AND SHALL BE BINDING UPON THE FORMAL PARTIES HERETO AND THEIR RESPECTIVE AUTHORIZED SUCCESSORS AND ASSIGNS, AND NO RIGHT OR CAUSE OF ACTION SHALL ACCRUE UPON OR BY REASON HEREOF, TO OR FOR THE BENEFIT OF ANY THIRD PARTY NOT A PARTY TO THIS AGREEMENT OR AN AUTHORIZED SUCCESSOR OR ASSIGNEE OF ANY THIRD PARTY. 14.5. DISCLAIMER OF SECURITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER EXPRESSLY ACKNOWLEDGES (1) THAT IT HAS NO PLEDGE OF OR LIEN UPON ANY REAL PROPERTY (INCLUDING, SPECIFICALLY, OUA'S SYSTEM), ANY PERSONAL PROPERTY, OR ANY EXISTING OR FUTURE REVENUE SOURCE OF OUA (INCLUDING, SPECIFI- CALLY, ANY REVENUES OR RATES, FEES, OR CHARGES COLLECTED BY OUA IN CONNECTION WITH OUA'S SYSTEM) AS SECURITY FOR ANY AMOUNTS OF MONEY PAYABLE BY OUA UNDER THIS AGREEMENT; AND (2) THAT ITS RIGHTS TO ANY PAYMENTS OR CREDITS UNDER THIS AGREEMENT ARE SUBORDINATE TO THE RIGHTS OF ALL HOLDERS OF ANY STOCKS, BONDS, OR NOTES OF OUA, WHETHER CURRENTLY OUTSTANDING OR HEREAFTER ISSUED. 14.6. AGR*ENT NOT A COMMITMENT FOR OHEDULE. THERE SHALL BE NO LIABILITY WHATSOEVER ON THE PART OF OUA FOR FAILURE TO PROVIDE WATER AND WASTEWATER SERVICE TO DEVELOPER ACCORDING TO DEVELOPER'S NEEDS OR SCHEDULES. THIS AGREEMENT CONSTITUTES A PROMISE OF GOOD FAITH AND NOT A TIMETABLE FOR DELIVERY OF UTILITY SERVICES. SECTION 15. COVENANT NOT TO ENGAGE IN WATER OR WASTEWATER BUSINESS. DEVELOPER, AS A FURTHER CONSIDERATION FOR THIS AGREEMENT, AGREES THAT IT SHALL NOT ENGAGE IN THE BUSINESS OF PROVIDING WATER AND WASTEWATER SERVICE TO THE PROPERTY DURING THE PERIOD OF TIME OUA, OR ITS SUCCESSORS AND ASSIGNS, PROVIDES WATER AND WASTEWATER SERVICE TO THE PROPERTY, IT BEING THE INTENTION OF THE PARTIES HERETO THAT THE FOREGOING PROVISION SHALL BE A COVENANT RUNNING WITH THE LAND. UNDER SAID PROVISION AND ALSO UNDER OTHER PROVISIONS OF THIS AGREEMENT, OUA SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT AND PRIVILEGE, SO LONG AS IT IS REASONABLY CAPABLE OF DOING SO, TO PROVIDE WATER AND WASTEWATER SERVICE TO THE PROPERTY AND TO THE OCCUPANTS OF EACH RESIDENCE, BUILDING OR UNIT CONSTRUCTED THEREON. SECTION 16. RECORDATION. The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of Okeechobee County, Florida, at the expense of DEVELOPER. SECTION 17. SEVERABILITY. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained therein are not materially prejudiced, and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. SECTION 18. AUTHORITY TO EXECUTE AGREEMENT. The signature by any person to this Agreement shall be deemed a warranty by that person that he has the full power and authority to bind any corporation, partnership, or any other business entity on behalf of which he signs hereunder. SECTION 19. CAPACITY. The execution of this Agreement between DEVELOPER and OUA does not constitute a specific reservation of capacity by DEVELOPER, and OUA does not hereby guarantee that capacity will be available for DEVELOPER's project at any later date. Any specific reservations of capacity must be detailed within the body of this Agreement, under the heading "Special Conditions," and such capacity shall be so reserved, for a definite period of time only upon the payment of appropriate fees and charges or negotiated between the parties, by DEVELOPER to OUA. Said fees and charges shall also be set forth in Exhibit "B" hereto. SECTION,20. SPECIAL CONDITIONS The following Special Conditions are mutually agreed between DEVELOPER and OUA: SEE EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THIS AGREEMENT IN WITNESS WHEOOF, DEVELOPER and OUA have Ocuted or have caused this Agreement, with the named Exhibits attached, if any, to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this Agreement. ATTEST: Chairman (Official Seal) STATE OF FLORIDA COUNTY OF OKEECHOBEE OKEECHOBEE UTILITY AUTHORITY LANDON C. FORTNER, JR., Clerk APPROVED AS TO FORM AND CORRECTNESS: TOM CONELY, OUA Attorney The foregoing instrument was acknowledged before me this _ day of 2004, by , Chairman on behalf of The OKEECHOBEE UTILITY AUTHORITY. Said person (check one) 0 is personally known to me, 0 produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or 0 produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: �i 0 0 WITNESSES FOR DEVELOPER: DEVELOPER: (Signature) By: Print Name: Its: (Signature) Pdnt Name: STATE OF FLORIDA COUNTY OF Pdnt Name: Officer [Corporate Sea[] The foregoing instrument was acknowledged before me this — day of 2004, by as Of , a corporation. Said person (check one) ci is personally known to me, 0 produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or 11 produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: 10 0 JOINDER 0 The undersigned, as owner and holder of that certain Mortgage (the "Mortgage") dated , 2004, recorded in Official Records Book _, Page , Public Records of Okeechobee County, Florida, hereby joins in the execution of the foregoing DEVELOPER Agreement to consent to the terms and conditions set forth therein and to make the lien of the Mortgage and the security interest in any personal property, as it may be modified and/or assigned in the future, subject, subordinate, junior and inferior to (a) the DEVELOPER Agreement, and any amendments thereto in the future, (b) the easements, rights and obligations granted or created, or contemplated to be granted or created thereunder, and (c) the utility facilities contemplated to be transferred to OUA thereunder, if any. Em Its: Officer [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 2004, by , as of , a corporation. Said person (check one) El is personally known to me, 0 produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or 0 produced other identification, to wit: Print Name: Notary Public, State of Commission No.: My Commission Expires: 11 0 EXH I BIT "A" to LEGAL DESCRIPTION ALL THAT PART OF THE NW % LYING EAST OF TAYLOR CREEK AND NORTH OF THE SEABOARD COASTLINE RAILROAD, THE NW % OF NE % AND ALL THAT PART OF THE SW % OF NE % LYING NORTH OF THE SEABOARD COASTLINE RAILROAD ALL IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. LESS: A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE N.W. % OF THE N.E. % OF SAID SECTION 15, THENCE S 89023'09"W ALONG THE NORTH BOUNDARY LINE OF THE N.W. Y. OF THE N.E. Y. OF SECTION 15, A DISTANCE OF 97.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89 023'09" W ALONG SAID NORTH BOUNDARY LINE OF THE N.W. % OF THE N.E. % OF SECTION 15, A DISTANCE OF 1246.11 FEET TO THE NORTH % CORNER OF SECTION 15; THENCE 89023-09" W ALONG THE NORTH BOUNDARY LINE OF THE N.W.M. OF SAID SECTION 15, A DISTANCE OF 1802.64 FEET TO THE INTERSECTION WITH THE EASTERLY LINE OF THE TAYLOR CREEK WATERSHED EASEMENT, ACCCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 26 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE S 31033'02' W ALONG SAID EASTERLY TAYLOR CREEK EASEMENT LINE, A DISTANCE OF 50.86 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID EASEMENT LINE, SAID CURVE BEING CONCAVE TO THE EAST, HAVING A RADIUS OF 190.00 FEET AND A CENTRAL ANGLE OF 59 0 47'35'; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 198.28 FEET TO THE END OF SAID CURVE; THENCE S 28014'33- E, CONTINUING ALONG SAID EASTERLY EASEMENT LINE, A DISTANCE OF 208.83 FEET; THENCE N 89023'09" E, PARALLEL WITH THE AFORESAID NORTH BOUNDARY LINE OF N.W. Y. OF SECTION 15, A DISTANCE OF 324.62 FEET; THENCE S 00036'51" E, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 232.67 FEET; THENCE N 89023'09" E, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 513.00 FEET; THENCE N 000 36'51 - W, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 400.00 FEET; THENCE N 89023'09" E, PARALLEL WITH AND 250.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) THE AFOREAID NORTH BOUNDARY LINE OF SECTION 15, A DISTANCE OF 2148.74 FEET; THENCE 00035"11- W, A DISTANCE OF 250.00 FEET TO THE INTERSECTION WITH SAID NORTH BOUNDARY LINE OF THE N.W. Y, OF THE N.E. Y. OF SECTION 15 AND THE POINT OF BEGINNING. 12 EXHIBIT "B" 0 SPECIAL CONDITIONS The following Special Conditions set forth in this Exhibit "B" are attached to and incorporated in that certain Okeechobee Utility Authority Water and Wastewater System Standard DEVELOPER's Agreement (the "Agreement") by and between Citv of Okeechobee Commerce Center, hereinafter referred to as "DEVELOPER", and OKEECHOBEE UTILITY AUTHORITY, hereinafter referred to as "OUA." 1. Site Area Map. Attached to the Agreement as Exhibit "C" and made a part thereof is the Site Area Map. 2. Contributions -in -Aid -of -Construction. a. Plans. All of DEVELOPER's construction of utility facilities, whether on -site or off -site, whether conveyed to OUA or not, shall be in accordance with the original plans prepared by Craiq A. Smith & Associates dated February 16, 2004 and designated as Job No. 00-0986 (the "Plans"), as the same may be revised by OUA prior to final approval. b. On -Site Facilities. Notwithstanding anything to the contrary set forth in the Agreement, DEVELOPER shall provide, install, convey and dedicate to OUA all water mains, wastewater collection mains and lift station, together with all appurtenances thereto, in accordance with OUA's standards and specifications and OUA's Resolutions, as shown on Exhibit "D" and more particularly described on the Plans. 3. Pursuant to Paragraph 5.4 of the Agreement, recording, administrative, inspection and title insurance fees are to be paid by DEVELOPER, concurrently with execution of this Agreement, as follows: Description Document Recording Fee 18 pages @ $10.00 per page Inspection Fees 30 Hours @ $20.00 per hour Administrative Fee (Cost of processing Agreement; Plan review and project tracking through Certificate of Occupancy Title Insurance Fee TOTAL Amount $180.00 $600.00 $500.00 $ 0.00 $1,280.00 4. Notwithstanding the fact that this Agreement is being executed solely in connection with the provision of water and wastewater service to the Property by OUA, DEVELOPER acknowledges, understands and agrees that OUA is the sole and 13 0 0 exclusive provider of water and wastewater services within the service areas of OUA's utility systems. Accordingly, notwithstanding provisions to the contrary set forth in Section 3 of this Agreement, DEVELOPER shall not have the right to grant any rights, privileges or easements to any other entities to provide water and wastewater service to the Property. Additionally, notwithstanding language to the contrary set forth in Section 15 of this Agreement, DEVELOPER agrees (a) that it shall not engage in the business of providing water and wastewater service to the Property during the period of time OUA, its successors and assigns, provide any utility services to the Property, the foregoing being a covenant running with the land, and (b) OUA, its successors and assigns, shall have the sole and exclusive right and privilege to provide water and wastewater service to the Property and to the occupants of each residence, building or unit constructed thereon. 5. Notwithstanding the provisions of Section 19 of the Agreement, DEVELOPER is reserving 8,250 average gallons per day, equaling 33 ERC's (the 'Reserved ERC's') of Potable Water Capacity and Wastewater Capacity as calculated and set forth on Schedule 1 hereto. Provided DEVELOPER (a) pays the charges shown on Schedule 1, (b) complies with all the terms and conditions set forth in the Agreement, and complies with all the provisions of OUA's applicable Resolution, as the same may be modified or amended, DEVELOPER shall have the right to utilize the Reserved ERC's so long as DEVELOPER connects to CUA's Water and Wastewater System to utilize the Reserved ERC's within two (2) years from the date of the Agreement. Notwithstanding the provisions of Section 14.6 and subject to the provisions of this paragraph and Section 14.3 of the Agreement, OUA agrees that the capacity reserved by DEVELOPER shall be available to DEVELOPER when needed; provided, however, that in the event such capacity is not available to DEVELOPER, OUA's liability shall not exceed the amount of charges for plant capacity and lines paid by DEVELOPER to OUA, without interest thereon. The parties acknowledge that payment of the Capital Connection Charges under no circumstances shall be considered as payments of contributions in aide of construction. The OUA reserves the right to adjust the Capital Connection Charge (CCC) if and when the actual flows of the project are found to be in excess of the estimated flows used for the project or at any time the site plan or occupancy of the existing building is changed. A. Water Service Fees: Connection Charges and Capital Connection Fees are to be paid by the lot owner before water service can be installed. Fees and Charges are subject to change and payment will be required based on the fees which are current at the time of payment for service. 14 0 0 Description Connection Fees per water service. (Cost of water service includes the meter, Backflow Device and labor to install for each parcel) Capital Connection Charges ( 33 ERC's X $800.00) Total due for Water Service B. Wastewater Service Fees: Amount $ Based on meter size at time service is installed $26,400.00 $ 26,400.00 plus connection fees for water service Connection Charges and Capital Connection Fees are to be paid by the lot owner before wastewater service can be installed. Fees and Charges are subject to change and payment will be required based on the fees which are current at the time of payment for service. Description Inspection Fee for Connection at each parcel Capital Connection Charges ( 33 ERC's X $1,500.00) Total due for Wastewater Service AMOUNTS DUE OUA: 1. Administrative Fees. 2. Water Capital Connection Charges. 3. Wastewater Capital Connection Charges. TOTAL DUE Amount $ Based on size of service at time of connection $ 49,500.00 $ 49,500.00 plus inspection fees for wastewater service $ 1,280.00 $26,400.00 $49,500.00 $77,180.00 Connection Fees to be determined and will based on meter size required for customer. 15 0 0 SCHEDULE1 PAYMENT SCHEDULE The total of $ 1,280.00 for recording, administrative, and inspection shall be paid to OUA prior to the final approval of this Agreement by OUA and prior to the start of construction of the water and/or wastewater lines. The OUA has reviewed the plans and specifications of the proposed project and estimated the time OUA Employees will inspect the construction of the water and wastewater lines. The DEVELOPER agrees to pay OUA for any additional hours required for inspections at the rate of $20.00 per hour for all hours between 7:00 AM and 4:00 PM during normal work days and 1.5 times that rate for all hours before or after the normal work hours of OUA. Any additional hours for inspections will be billed monthly and must be paid to OUA before final approval by OUA and before water and wastewater service is provided to any of the lots within the development. Any additional meetings or review of the project involving the Administrative Staff of OUA will be billed at the rate of $50.00 per hour and must be paid to OUA before final approval by OUA. The DEVELOPER shall notify all potential buyers of the lots within the proposed development that all OUA fees for connection to the water and wastewater system shall be paid prior to connection the OUA systems. The DEVELOPER shall not connect or allow anyone to connect to the OUA water and/or wastewater system without prior approval by the OUA. 16 EXHIBIT "D" ON -SITE C.I.A.C. WATER: Approximately 6,875 feet of 12 inch, 8 inch and 6 inch Water Lines with valves, fittings and 10 Fire Hydrants. Water lines to be connected to existing 16 inch water line near the OUA Ground Water Treatment Plant and to the existing 6 inch water line near NE 13 th Ave and NE 12 th Street. Easement are required for all water lines up to and including the water meters. SANITARY SEWER: Approximately 5,370 feet of 8 inch Sanitary Sewer lines; Approximately 2,550 feet of 6 inch sewer force main; 31 Man Holes and 1 Lift Station with valves and controls. Sewer Force line will connect to the existing sewer force main near the OUA Ground Water Treatment Plant. Easement are required for all sewer lines up to the property line. OFF -SITE C.I.A.C. NONE 18 0 0 CS CRAIG A SMITH & ASSOCIATES CONSULTING ENGINEEPS - PLANNr:RS - SUWEYORS - GRANT SPECIALISTS April 20, 2004 Bill Veach, City Administrator City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2903 RE: City of Okeechobee Commerce Center Bid Results CAS Project No: 00-0986 Dear Mr Veach: The City of Okeechobee received one (1) complete bid on March 30, 2004 at 10 a.m. regarding the above referenced project, Craig A. Smith & Associates (CAS) reviewed the bid submitted by Ranger Constructior, Industries, Inc. in the total amount of $3,254,1103 15 (Base Bid, $2,019,982,80; Alt. A. $534,455 75 and Alt. B: $700,264.70). Therefore, CAS recommends the bid be awarded to Ranger Construction IndustHes, which CAS acknowledges to be knowledgable and qualified to construct this project. CAS recommends award of the Base Bid amount only ($2,019,982 80) due to the budgetary limitations of the funding. Please advise CAS of the City's decision so that a Letter of Award can be sent to the contractor. Please call if we can provide additional services regarding this matter. Thank you for your support with this project. Sincerely, Craig A. Smith & Associates �;� /ri James R- Orih, P.E. Vice President Director of Land Development JRO:ccv ;\Iand�00-098ftorrcrpcMercg\veach-COMMERCE OTIR-8113 RESULTS.doc 242 Floyal Pa!m Seqch Boulevard, Royal Palm Beach, Florida 33411 TEL:(561)791-9280 FAX-I`.9;A1�7q1-QR1A T3/TO 3DVd HIIWS V 9fVK BT86T6LI99 tIT:tT 17021VOZ1100 EXHIBIT 4— APRIL 20,2004 AGENDA Bid Tabulation Sheet City of Okeechobee Commerce Center Contract 2A Bid Opening Bid No. PW-01-10-02-04 Bid Opening: March 30, 2004 at 10:00 a.m. ComDanv Name Ranger Construction Base Bid 2,019,982.80 Alternate "A" 534,455.65 Alternate "B" 700,264.70 Posted on March 30, 2004 at 4:00 p.m. Removed on April 4, 2004 at 4:00 p.m. ExHIBIT 5— APRIL 20,2004 AGENDA An updated copy will be provided at the meeting by Attorney Cook DECLARATION of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting COMMERCE CENTER THIS DECLARATION is made by City council City of Okeechobee, Florida, (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located at OKEECHOBEE COMMERCE CENTER in the City of Okeechobee, State of Florida, and WHEREAS, the real property is more particularly described by the plat thereof; (see attached exhibit 46X�) WHEREAS, Declarant is desirous of subjecting certain real property to the protective covenants, restrictions, reservations, servitudes, and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future tenants thereof, or any part thereof. WHEREAS, the purpose of these Covenants and Restrictions is to establish uniform standards of development quality for Light Industrial, Commercial, Research, and Office Park known as OKEECHOBEE COMMERCE CENTER. NOW THEREFORE, Declarant does declare that certain real property be subject to the covenants, restrictions, reservations, servitudes and easements hereinafter set forth as follows: PARAGRAPHI. Definitions, Property Rights, Covenants for Maintaining Assessments, Maintenance and Repairs, Architectural Control, and Application of Environmental Protection 1. DEFINITIONS The following words, when used in this Declaration shall have the following meaning: A. Industrial Park shall mean the "OKEECHOBEE COMMERCE CENTER". Industrial Park shall initially consist of those lots as indicated on the plat attached as exhibit "A"; which Industrial Park may be expanded by the addition of one or more similar tracts of lands ("Additions") which may be developed by the Okeechobee City Council, as more particularly provided in this section. 0 0 1. Each Addition shall be contiguous to either the initial platted parcels, or a prior Addition to Industrial Park. As used herein, the term "contiguous" shall be used to describe two properties which have a common boundary line or which are separated by one or a combination of streets, roads, highways, sidewalks, paths, alleyways or other thoroughfares, together with medians and other dividers. 2. Each Addition shall have a name which includes the name "OKEECHOBEE COMMERCE CENTEW', and additional words which distinguish the Addition to Industrial Park from the initial platted park and the other Additions to Industrial Park. 3. The Declaration of Covenants and Restrictions with respect to the Addition shall be in substance substantially the same as the Declaration with respect to the Initial platted park, unless approved by the Okeechobee City Council. As used in this Declaration the terms "Plat" and "Declaration" shall include not only the original of a Plat or Declaration, but also any and all amendments thereto. B. Common Area shall mean and refer to all real and/or personal property which the City council City of Okeechobee, Florida own and will for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, and all real and/or personal property within or in the vicinity of the Initial platted park in which the City of Okeechobee has an interest for the common use and enjoyment of the grantees, tenants, or lessees of OKEECHOBEE COMMERCE CENTER, including without limitation, a right of use (such as, but not limited to, easements for surface water collection and retention). The use of the Common Area shall be restricted to park landscape, entry features, directional graphic system, drainage, landscape medians, security, safety, pedestrian/bicycle paths, roads, project lighting and recreational purposes or any other use to which a majority of the grantees, tenants, or lessees of the OKEECHOBEE COMMERCE CENTER may accede. C Lot shall mean and refer to any parcel of the Property in the Initial platted park, together with any and all improvements thereon, and identified as such on the Plat, on which and industrial, office or other structure according to the terms of this Declaration could be constructed whether or not one has been constructed, and shall include any "combination lot" described herein. D. Initialplattedpark or Property shall mean and refer to all properties which are subject to this Declaration, more specifically described in Exhibit"A7. 11. PROPERTY RIGHTS Every grantee, tenant, or lessee shall be subject to these restrictions, as well as each assignee or successor in interest of such grantee, tenant, or lessee. Every grantee, tenant or lessee shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title of portions of the Property, subject to the following: 0 0 A. Rules and regulations governing use and enjoyment ofthe Common Area adopted by the City; and B. Restrictions contained on any and all plats of all or any part of the Common Area or filed separately with respect to all or any part of parts of the Property. C. In the event the owner of a parcel(s) within the industrial park designated as such on the records of the clerk of court Okeechobee County, Florida elects or should sell or transfer the parcel(s) by deed to another person or entity, including all improvements thereon, said owner shall, prior to consummating such sale or transfer, first notify the city of Okeechobee of its intent to so sell or transfer the property, and the city of Okeechobee is herein granted right of first refusal to purchase the parcel and all improvements thereon. The owner shall produce a contract for sale and purchase which it has negotiated with a buyer in good faith and in which the total purchase price is set forth. The city reserves the right to inquire into the validity of the contract for sale, and shall notify owner within thirty (30) days as to whether it intends to enter into a written agreement with owner to exercise its right of first refusal and purchase the property. If such right is not exercised by the city, the owner is free to proceed with the sale to its proposed buyer, said sale subject to these deed restrictions. D. The sale, assignment or lease of a parcel, or a parcel and business located thereon in the industrial park is further first sub ect to review and approval by the city of Okeechobee, to determine the nature of the business proposed at the site. Such approval shall not be unreasonably withheld and its purpose is to assure compliance with these deed restrictions, and to ensure the creation ofjobs, promote the economic vitality of the city, and to comply with all applicable state or federal grant funding requirements. Every owner, tenant or lessee of a parcel in the industrial park shall notify the city of Okeechobee in writing at least sixty (60) days prior to a proposed sale, lease, or assignment of a parcel or a parcel and business located thereon for investigation under this part and approval by the city. The city reserves the right under this section to compel assurances of compliance with these restrictions herein by existing or proposed owners, tenants or lessees. E. No owner, tenant, employee, agent of an owner or tenant within the industrial park shall conduct the business or enterprise thereon in a manner to discriminate against any person or entity on account of race, religion, national origin or ethnicity. Ill. COVENANTS FOR MAINTAINING ASSESSMENTS A. Creation ofthe Lien andPersonal Obligation ofAssessments. Each tenant, grantee, or lessee of any portion of the Property from time to time constituting a Lot, as said term is hereinabove defined (by acceptance of a lease for such portion of the Property, whether or not it shall be so expressed in any lease or other conveyance) including any purchaser at a judicial sale or other successor in interest, shall be deemed to covenant and agree to pay to the city any annual assessments or other charges, and any special assessments to be fixed, established, and collected from firne to time as hereinafter provided. All such assessments, together with interest thereon from the due date at the maximum rate allowable by law and costs of collection thereof (including reasonable attorney's fees), shall be a charge on the Lot and shall be a continuing lien upon the Lot(s) against which each such assessment is made, and shall also be the personal obligation of the tenant, grantee, or lessee. No tenant, grantee, or lessee may waive or otherwise escape liability for the assessment provided for herein by non-use of 0 0 the Common Area or by abandonment. No portion of any Property which does not constitute a Lot as that term is defined herein will be liable for any annual or special assessment under this section. B. Purpose ofAssessments. The annual and special assessments levied by the city shall be used exclusively for the purpose of promoting the health, safety, security, and welfare of the tenants, grantees, or lessees ofLots included in the OKEECHOBEE COMMERCE CENTER (the Initial platted park and Additions) and in particular for the improvements and maintenance of the Common Areas of the OKEECHOBEE COMMERCE CENTER and of any easement in favor of the city, including, but not limited to, the cost of , labor, materials, maintenance, and supervision thereof, for the purpose of maintaining or improving the entrance -way and signage of the OKEECHOBEE COMMERCE CENTER, for planting trees and shrubbery in the care thereof within a public right-of-way, for improving and maintaining the entrance sign and landscaping, for routine maintenance of the drainage/swale system, for regular maintenancelmowing of vacant property and rights of way, as well as for such other purposes as are permissible activities of, and undertaken by, the city of Okeechobee; excluding however such maintenance as would be considered a capital improvement or major repair. C. SpecialAssessmentsfor Capital Improvements andMajor Repairs. In addition to any annual assessments, the city of Okeechobee may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement as approved by the City council City of Okeechobee, Florida, including the necessary fixtures and personal property related thereto, so long as such assessment(s) are a benefit to the lot owner, tenant or lessee, and further provided that any such assessment shall have the assent of two-thirds (2/3) of the tenants, grantees, or lessees. D. Duties of the Okeechobee City Council. The City council City of Okeechobee, Florida shall fix the date of commencement, and the amount of the assessment against each tenant, grantee, or lessee for each assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Clerk of Court and shall be open to inspection by any tenant, grantee, or lessee. Written notice of the assessment shall be sent to every tenant, grantee, or lessee subject thereto not later than seven (7) days after fixing the date of commencement thereof.. The amount(s) assessed shall be the pro-rata expense of the total cost of such maintenance divided by the total acreage owned or occupied by a particular owner, tenant or lessee; i.e. if the entire acreage available for occupancy is 66 acres, and if the cost of the assessment is $500.00, and 6.4 acres is owned or occupied, the obligation of an owner, tenant or lessee shall be that sum divided by the total available acreage, and that sum multiplied by the 6.4 acres owned or occupied, the owner, tenant or lessee would in this example be assessed $7.57 per acre times 6.4 acres, equaling an assessment of $48.45. The City shall, upon demand at any time, furnish to any tenant, grantee, or lessee liable for said assessment, a certificate in writing signed by the Chairperson of the Okeechobee City Council, or their designee, setting forth whether said assessment has been paid. E. Exempt Property. The Okeechobee City Council shall have the right to exempt any property subject to this Declaration from the assessments, charge, or lien created herein provided that 0 0 such part of the Property exempted is used (and as long as it is used) for any of the following purposes: As an easement or other interest therein dedicated and accepted by the Okeechobee City Council and devoted to public use; 2. As Common Area as defined herein; As Property exempted from ad valorem taxation by the laws of the State of Florida, to the extent permitted by the tax assessor for Okeechobee county, Florida. W. MAINTENANCE AND REPAIRS A. Tenant, grantee, or lessee will be responsible for the maintenance, repair, and upkeep of the premises and shall keep the premises, including the fencing, landscaping, gutters, downspouts, exterior building surfaces, yard maintenance, and painting in good order and repair. The landscaping shall be installed and maintained in accordance with the Architectural Planning Criteria, a copy of which can be obtained from the office of the Okeechobee city clerk. V. ARCfHTECTURAL CONTROL A. Necessity ofArchitectural Review andApproval. No improvement or structure of any kind, including without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosures, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement shall be commenced, erected, placed or maintained upon any Lot or the Property, nor shall any addition, change or alteration therein or thereof be made, nor any initial platted park platting or replatting of any Lot or Lots, or the Property be made unless and until the plans, specifications, and location of the same shall have been submitted to and approved in writing by, the technical review committee which represents the interests of the Okeechobee City Council in such architectural control. All plans and specifications shall be evaluated as to harmony of external design and location in relation to surrounding structures and topography and as to conformance with the Architectural Planning Criteria ofOKEECHOBEE COMMERCE CENTER, a copy ofwhich may be obtained at the office of the city Clerk. B. ArchitecturalReview Board. The architectural review and control functions ofthe Association shall be administered and performed by the technical review committee for the City of Okeechobee. At any time the Okeechobee City Council has the right to appoint members of the Architectural Review Board. The Okeechobee City Council shall appoint at least one (1) Architect or Building Contractor to the Architectural Review Board. C. Powers andDuties ofthe Architectural Review Board. The Architectural Review Board shall have the following powers and duties. To recommend from time to time, to the Okeechobee City Council modifications and/or amendments to the Architectural Planning Criteria. Any modification or amendment to the Architectural Planning Criteria shall be consistent with the provisions of this Declaration, and shall not be effective until adopted by a majority of the members of the Okeechobee City Council at a meeting duly called and noticed 0 0 and at which a quorum is present and voting and are present and voting. Notice of any modification or amendment to the Architectural Planning Criteria, including a verbatim copy of such change or modification, shall be delivered to each member of the Association; provided that, the delivery to each member of the Association of notice and a copy of any modification or amendment to the Architectural Planing Criteria shall not constitute a condition precedent to the effectiveness or validity of such change or modification. 2. To require submission to the Architectural Review Board of one (1) complete set of all plans and specifications for any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alteration, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement, the construction or placement of which is proposed upon any Lot or Property in Initial platted park, together with a copy of any required governmental permits. 3. To approve or disapprove any improvement or structure of any kind, including, without limitation, any building, fence, wall, sign, site paving, grading, parking and building additions, alterations, screen enclosure, sewer, drain, disposal system, decorative building, landscaping, landscape device or object, or other improvement of change or modification thereto, the construction, erection, performance, or placement of which is proposed upon any Lot or the Property in the industrial park, and to approve or disapprove any exterior additions, changes, modifications, or alterations therein or thereon. VI. APPLICATION OF ENVIRONMENTAL PROTECTION In the recorded plat, there are identified wetlands, designated as enhanced wetland 2; enhanced wetland 3; created wetland 3; enhanced wetland 4; and preserved wetland 5. It is the intent of the Declarant to provide stringent protection of these sites in perpetuity, as recognized through a conservation deed executed in favor of South Florida Water Management District, or as hereafter modified by the District or other state or federal agency. As such, development within this industrial park, including the entire acreage, with the exception of the wetlands area shall be strictly regulated to Commercial uses. Special emphasis shall be placed on a campus design with office and appropriate business facilities with a setback of seventy-five (75) feet from identified wetlands to protect wetlands integrity. Furthermore, the seventy-five (75) foot setback shall serve as a buffer and be maintained in perpetuity as a conservation easement. This conservation easement shall not be disturbed or developed as part of the OKEECHOBEE COMMERCE CENTER, unless subsequently modified between the city and the appropriate state or federal agency exercising jurisdiction over the park. In addition, the plat designates the size and location of lots numbered 6, 13, & 14 at the initial Northern boundary ofthe park as set forth on the plat, which lots are within the protected zone for wellheads as described in the city land development regulations, and which wells are owned by the Okeechobee Utility Authority. While the wells are presently capped, and further use is not anticipated, any development on these described lots shall not permit or use environmentally hazardous substances that may leach into groundwater, and all development on these lots shall be strictly regulated in the permitting process by the city of Okeechobee, whose determination of environmental hazards shall be final, if not otherwise in conflict with state and federal regulatory agencies. 0 0 PARAGRAPHH. Construction Uses Permitted and Prohibited 1. PLANNED INDUSTRIAL, RESEARCH AND DEVELOPMENT A. Purpose ofRestrictions. The Planned Industrial, Research and Development in the industrial park is intended to provide lands for the purpose of business and industry which support the economic base of the City and contribute to its economic growth and self-sufficiency. Permitted uses are intended to include those businesses and industries primarily involved in the distribution of goods and services outside of the vicinity of Okeechobee County. The nature of uses shall include research, development, and manufacture of products making use of processes of manufacturing not likely to be objectionable to neighboring properties. The development standards of this district are intended to result in an open, uncrowded and attractive appearance through various site design standards. B. Uses permitted. No building or structure, or part thereof, shall be erected, altered, occupied or used, or land or water area occupied or used, in whole or in part, for other than one (1) or more of the following general uses. Unless otherwise specified, all uses shall be conducted entirely within an enclosed building. (The listing of specific uses under the generalized use categories are intended to be illustrative rather than all inclusive.) Manufacture of products such as: 0 Computer components; 0 Robotics; 0 Food processing and packaging, including aquiculture product processing; & Apparel related products; 0 Manufacture of finish wood products; 0 Manufacture of concretelmasonary products; 0 Fiberglass/resirt/injection molding processes; 0 Furniture, fixtures; 0 Assembled paper products; 0 Formulation and packaging of drugs, cosmetics, soap; a Fabricated metal products; 0 Light manufacturing or machinery; 0 Electrical equipment and components; 0 Transportation parts and small equipment; 0 Electronic systems, components and peripherals; Optics; 0 Aerospace composites; 9 Integrated circuits; 0 Ceramics; 0 Consumer electronics; Manufacturing technology; Semi -conductor equipment; Image recognition; Medical devices. 2. Educational, scientific, industrial, and manufacturing research and development such as: 0 0 0 Computer software development; 0 Artificial intelligence; 0 Medical technology; 0 Research and testing laboratory. 3. Warehouse and storage buildings, excluding hazardous or flammable substances unless permitted by special exception in industrial zoning category; 4. Corporate or business offices which serve or represent other specifically permitted industrially related uses. 5. Sales, rental, and display of the following: Construction equipment; 0 Machinery; 0 Monuments; 0 Restaurant, hotel and store supplies, fixtures and equipment; 0 Swimming pool supplies; 0 Welding equipment and supplies; 0 Electronic supplies; Medical and dental equipment and supplies; 0 Photographic equipment and supplies; a Tires and batteries; 0 Sign painting; 0 Glass and mirrors. 6. The following services and trade establishments provided that they do not offer retail services on the same premises. Conditional Approval may be obtained for retail services per Section C. 0 Bookbinding; 0 Bakery; 0 Cutting or blending of liquor; 0 Cheese making; 0 Carpet and rug cleaning; 0 Diaper service; 0 Drapery and blind fabrication and service; 0 Egg storage, handling, or processing; & Food catering; 0 Glass and mirror shop; 0 Hydroponic garden; 0 Laundry; 0 Linen supply; 0 Machinery repair; Magazine wholesale agency; a Motion picture studio; 0 Pattern making; 0 Printing, publishing, lithography, and engraving; 0 Tool, die, and gauge shop including the use of automatic screw machines; Communication - information/data processing; 0 0 Telecommunication; 0 Exterminating; 0 Janitorial; a Boat building and repair; 0 Plumbing or electrical shop; 0 Manufacture of powder blends, potting compounds and plastisols; a Telephone exchange. 7. The following repair and shop uses: 0 Awning and canvas; 0 Carpenter and cabinet; 6 Contractor shop; 0 Locksmith; 0 Sharpening and grinding; 0 Electronic equipment repair; 0 Taxidermist; 0 Home appliance repair; 0 Upholstering shop; 0 Lawn mower and motorcycle repair; 0 Furniture repair. 8. Blacksmith and welding. 9. Accessory uses and structures; including temporary living quarters not exceeding eight hundred (800) square feet in area and two bedrooms, by special exception, as an accessory to a permitted use. 10. The storage of motor vehicles, recreational vehicles, boats, trucks and trailers. a. Storage of motor vehicles, recreational vehicles, boats, trucks and trailers subject to the following conditions. (1) New or used motor vehicles, recreational vehicles, boats, trucks, and trailers, placed for storage shall occupy not more than one-half (/2) of the lot on which the business is located. (2) Any business which permits the storage of motor vehicles, trucks, and trailers, recreational vehicles, and boats bearing signs, painted or otherwise affixed to the vehicles which signs advertise a franchiser or company name shall store such vehicle within a completely enclosed building or shall provide a vehicle storage area as set forth below. All motor vehicles, recreational vehicles, boats, trucks, or trailers bearing such sips must be stored within this vehicle storage area or in the enclosed building. (3) Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every 0 0 twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. (4) All maintenance, washing, and repair must be within the enclosed area. 11. Crating, packing, distribution, shipping, and soft drink bottling, including warehouse and storage; 12. Auto towing subject to the following conditions: a. Vehicular storage areas must be screened on all sides providing for necessary ingress and egress by a solid eight (8) foot high masonry wall. The landscape area outside the wall shall consist of a two (2) foot high continuous hedge at the time of planting and a tree every twenty (20) feet with a minimum height of twelve (12) feet and a spread of six (6) feet at planting. 13. Commercial transportation business including taxi dispatch, and bus and tram depot. C. Conditional uses. The following uses shall only be conditionally permitted in the industrial park subject to the procedures and requirements provided elsewhere in this Declaration and subject to the availability of sufficient flexibility for commercial uses as permitted by the Comprehensive Plan. I All uses listed under Paragraph 11, B,(6) which are open to the general public and offer retail services. 2. Health club and physical fitriess facilities. 3. Stores which sell or rent new or used merchandise within an enclosed building, whether or not sold or rented to the general public. 4. Hotels and motels. D. Uses prohibited. Except as specifically permitted in this division, the following uses are expressly prohibited as either principal or accessory uses: I . Foundry. 2. Drop forging. 3. Paint or varnish manufacture. 4. Oil compounding or barreling. 5. Die casting. 6. Livery stable, riding academy, or dude ranch. 7. Meat, poultry, fish, or slaughtering of same I 0 0 8. Manufacture of asphalt, acids, carbon, disinfectants, poison, insecticides, and batteries. 9. No open air storage of bulk materials is allowed. This prohibition does not apply to storage of these materials in a warehouse, or fully enclosed within a masonry wall at least six (6) feet in height. Stockpiles cannot be visible. 10. Institution for the housing, care, or treatment of sick, indigent, aged, or minor persons. 11. Any other residential use other than a permitted accessory use or use permitted by special exception. 12. Brewery. 13. Manufacturing or any storage of explosives. 14. Any business which is obnoxious because of dust, dirt, smoke, fumes, odors, noises, vibrations, or radioactive wastes. 15. Motor freight terminals. E. Height. No building or structure shall be erected or altered to a height exceeding forth -five (45) feet. F. Setbacks. No building or roofed structure shall be located less than fifty (50) feet from any street line nor less than twenty-five (25) feet from any plot line other than a street line. 2. No more than one-half (Y2) of the depth of any required setback area measured from a street line or plot line may be used for parking and such parking shall be located on the half of the required setback furthest from the street or front or plot line. The balance of the setback area shall be landscaped and used for no other purpose. 3. All required setback areas, except where used for permitted parking, shall be landscaped. A required landscaped area shall not be crossed by more than the minimum of walkways and driveways necessary for access to the building. 4. Signs, light standards, and fences shall be permitted in required setback areas as hereinafter specified. G. Fences and walls. All fences and walls shall be constructed of concrete, masonry, or metal. Metal fences shall be of the open -weave, chain -link type. Fences and walls shall not exceed ten (10) feet in height. Fences and walls shall not be located within any setback area on a street with the exception that a double frontage plot shall be permitted to contain fences and walls in the rear or secondary required setback area when provided with a twenty-five (25) planting area adjacent to the street landscaped in conformance with this Declaration. Notwithstanding the above, no fences or walls shall be located closer than fifty (50) feet to any 0 0 right-of-way of eighty (80) feet or greater in width. H. Lighting. All necessary exterior lighting on the plot shall be so installed as not to cause any nuisance to adjoining residential areas. Minimum landscaped open space. Each plot shall provide not less than twenty percent (20%) of its area in landscaped open space. J. Storage. There shall be no open outside storage of materials, supplies, products, equipment or machinery, except automotive vehicles, unless area used for such outside storage is effectively screened from direct view at ground level from any street or from adjacent property. K. Developmental standards. All developed property shall be landscaped, improved and maintained in full conformity with all applicable requirements of the land development code. All improved land shall be well -graded and free from underbrush and objectionable plant growth. The fifty (50) feet closest to any public right-of-way shall be mowed periodically as necessary to control natural grass growth. The balance of the site shall be kept free of debris and shall not be used for storage or disposal of any objects or materials. All property shall be kept clean and free from rubbish or debris All planted and landscaped areas shall be maintained in a neat, orderly, healthy, growing and properly trimmed condition. All buildings and structures shall be kept properly painted and protected from deterioration and shall not be permitted to become dilapidated. All driveways, walkways, parking areas, storage, and loading areas of developed property shall be well -graded and surfaced with asphaltic concrete or other equivalent hard, dustless materials. All electrical, telephone, gas, or other utility connections shall be installed underground. L. Performance standards. No building or structure, or part thereof, shall be erected, in whole or in part, that is obnoxious, objectionable, a nuisance or a hazard to adjoining properties, as they relate to sound, vibrations, odors, glare, radioactive materials, smoke and particulate matters. 2. Building facades facing roadways shall be designed to appear to be the fronts of buildings. This provision shall apply to comer and double frontage lots. M. Noise. Every use shall be so operated as to comply with the maximum performance standards governing noise described below. Objectionable noises due to intermittence, beat frequency or shrillness shall be muffled or eliminated so as not to become a nuisance to adjacent uses. Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. 0 Along property line abutting a Octave in bands residential district between 8:00 in cycles per A.M. and 6:00 P.M.* Maximum second. permitted sound level in decibels. Along property line abutting an Industrial or Commercial district Maximum permitted sound level in decibels. 0-75 72 79 75- 150 67 74 150-300 59 66 300-600 52 59 600- 1200 46 53 1200-2400 40 47 2400-4800 34 41 Over - 4800 32 39 Permissible sound level between 6:00 P.M. and 8:00 A.M. shall be decreased by 3 decibels for each of the Octave bands. N. Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. 0. Smoke. Every use shall be so operated, as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number I on the Ringlemarm Chart, provided however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period or periods totaling four (4) minutes in any thirty (30) minutes. For the purpose of grading the density of smoke, the Ringlemann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of this Declaration, shall be the standard. All measurements shall be at the point of emission. P. Fumes, gases, vapors, dusts and acids. No person shall cause or allow the escape into the open air of such quantities of fumes, gases, vapors, dusts, and acids, in such place or manner as to cause injury, detriment, or nuisance to the public, or to endanger the peace, comfort, health or safety ofthe public, or in such manner as to cause or have a tendency to cause injury or damage to business or property. I Tests required. Tests may be required by the Building Department for the purpose of the abatement of fumes, gases, vapors, dusts, odors, etc., or any other nuisance which may be present and which may come under the jurisdiction of the Building Department. Such tests shall be made by the owner or his authorized agent, and they shall be made in accordance with such procedures as may be accepted by a reputable and recognized authority such as; American Society of Testing Materials, U. S. Bureau of Mines, U. S. Public Health Service, the National Board of Fire Underwriters, or others. The choice of such authority shall rest entirely with the building department. Nothing in these rules and regulations regarding tests conducted by and paid for by the owner or his authorized agents shall be deemed to abridge the rights of the Building Department to conduct tests of these installations on behalf of the County. Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any strewn, lake, or the ground of any waste which shall be dangerous or discomforting to 0 0 persons or animals or which will damage plants or crops beyond the lot lines of the property on which the use is located. R. Odors. The emission into the outdoor air of any fume, gas, dust, mist, odor, smoke, or vapor, or any combination thereof, of a character and in a quantity as to be detectable by a considerable number of persons or the public, at any point beyond the property limits of the premises occupied or used by the person or persons responsible for the source thereof so as to interfere with health, repose or safety, or cause severe annoyance or discomfort, or produce irritation of the upper regulations. S. No person shall maintain or conduct or cause to be maintained or conducted, any parking lot or automobile and/or truck sales lot, or use any real property for a private roadway unless such real property is covered or treated with a surface or substance or otherwise maintained in such a manner as to minimize atmospheric pollution. T. Supplemental Development Regulations. In addition to architectural control requirements as adopted from time to time by the city of Okeechobee, the following additional standards shall apply: Buildings. Buildings constructed on any Lot included in the initial platted park shall be a modern design and constructed of modern materials. Exterior walls of each building shall be finished with color -coated steel panels, built-up concrete, or equivalent material such as concrete block with plaster or stucco finish, or brick. All exterior walls fronting on any street shall be aesthetically pleasing, and if concrete block, shall be given a veneer of either stucco, plaster, wood, or similar covering. The gross area of any buildings located upon any lot shall be consistent with this PID District within each phase. When the construction of any building, is once begun, work thereon must be prosecuted diligently and completed within a reasonable time. If for any reason work is discontinued, and there is not substantial progress towards completions for a continuous three (3) month period, the Developer, or its heirs and successors, shall have the right to notify the Okeechobee City Council of its intention herein, enter the premises and take such steps as might be required to correct an undesirable appearance. Loading, storage, and outside storage. Each parcel of the land devoted to site development shall provide sufficient on -site loading facilities to accommodate site activities, and all loading movement, including turn-arounds, shall be made off of the public right-of-way. Loading docks shall be located and screened so as to minimize their visibility from any street or other right-of-way. Screening of service areas, loading docks and so forth may consist of any approved combination of earth mounding, landscapin& walls and/or fencing. No materials, supplies or equipment shall be permitted to remain outside of any building, unless approved by the Architectural Review Board, in writing, in advance. However, tanks, motors, and special industrial equipment will be permitted to remain outside of any building as long as they are screened from the street and surrounding property, or in designated areas approved by the Architectural Review Board. Rubbish and garbage facilities shall be screened so as not to be visible from any street or right-of-way. The maneuvering of trucks and trailers shall be confined to the extent practicable, to the lot included in the Initial platted park where the trucks and trailers have business. To the extent possible, all loading and unloading of trucks and trailers shall be done on 0 0 the premises of the lot and not within the streets, and regular loading areas and facilities shall be located other than on the street side of the buildings and not be visible from the street to the extent practicable. Bulk storage of liquids, including gasoline, fuel oil, other petroleum products and other liquids, shall be stored inside buildings or in underground containers located at a depth and area approved by the Building Department. All storage shall be in compliance with applicable governmental laws and regulations. 3. Sitefurniture Site furniture and mechanical equipment visible from a street shall be considered as landscape elements, and all site furniture, including exterior lighting fixtures, shall be subject to the approval of the Architectural Review Board as elsewhere herein provided. 4. Curb cuts. It is intended that curb cuts on boundary streets be minimized. Curb cuts on boundary streets shall be at least one hundred (100) feet apart (center spacing), at least fifty (50) feet from any street intersection, and a maximum of twenty-four (24) feet in width, unless approved by the Architectural Review Board in writing, in advance. Joint curb cuts may be developed to serve abutting parcels and are favorably encouraged. Building/mechanical equipment. All mechanical equipment, servicing buildings, including roof mounted equipment, shall be enclosed or screened so as to be an integral part of the architectural design. Site grading. Site grading shall be subject to the approval of the Architectural Planning Criteria. 7. Parking. Parking on the streets in the initial platted park is strictly prohibited- All parking within the initial platted park shall only be in designated parking areas. 8. Streets. All streets and roads shall be dedicated to the public. 9. Signs andgraphics. Signs and sign location within OKEECHOBEE COMMERCE CENTER shall be subject to the review of the Architectural Review Board ,and shall conform to the Architectural Planning Criteria and applicable land development regulations and city codes. To minimize any detractive effects upon building appearance and landscaping which may result from the erection of signs within the initial platted park, signs shall be located flush on building exterior walls not perpendicular to the wall surface; lettering may not be larger than four (4) feet high; flashing signs, scrolling message signs, banners, or other sign not permanently affixed of any kind are not permitted; and all signs shall conform to the applicable sign regulations of Okeechobee County, Florida as the same now exists or as the same has been or may hereafter be amended. 10. Exterior lighting. Exterior lighting is subject to the review of the Architectural Review Boardand should be in conformance with the Architectural Planning Criteria and applicable city land development regulations and codes. 11. Landscaping. All landscaping is subject to the review of the, Architectural Review Board, and should conform to the Architectural Planning Criteria, and applicable city land development regulations and codes. 12. Utilities. All electrical and telecommunication transmission lines within the initial platted park other than those existing on the date of this Declaration and those hereafter installed by the Developer shall be installed and maintained underground. The availability of water and wastewater service to the industrial park is subject to the regulations and requirements ofthe Okeechobee Utility Authority, or its successor in interest. 13. Rail Spur: The industrial park may be served by a rail spur adjacent to the railroad right of way designated as Seaboard Railway on the plat of the park; said spur is located at the Southwestern portion of the park. Its availability, use and extension throughout the industrial park are uncertain, and no right or representation is made as to its use by owners or tenants of the park. For those lots that may acquire use of the spur, such use is subject to the codes and regulations of the city of Okeechobee, and the railway company then operating the adjacent track leading to the spur. 14. Maintenance. Buildings, landscaping, and other improvements shall be continuously maintained so as to preserve as well kept appearance especially along the perimeters of any Lot or other property. The Association shall from time to time inspect site and landscape maintenance, and if not satisfied with the level of maintenance on a site, shall notify the owner in writing. If within fifteen (15) days from notification, maintenance has not been brought to acceptable standards in conformance with the following maintenance standards, the Association may order the work done at the tenant's, grantee's, or lessee's expense and may treat the charges as an assessment. The maintenance standards are as follows: I Trash. All trash and garbage shall be placed in designated containers, or within the tenant's, grantee's, or lessee's contained service area and all trash areas shall be screened and properly landscaped. The size of containers shall reflect the capacity of the local agencies for trash removal. Yards and landscape areas will be kept free of trash, leaves, and dead landscaping materials. 2. Landscaping. All landscaping areas including sodded areas, shall be regularly irrigated as required and shall receive regular maintenance including trimming, minimum fertilization to protect wetlands, mowing and replacement of diseased plant materials, as required. All irrigation systems shall be underground, automatic, kept in good repair, and shall not discolor any wall, sign surface or other structure. Perimeter landscaping shall be maintained so as to avoid blight and preserve the beauty, quality, and value of the initial platted park, and to maintain a uniform and sightly appearance. The area between the building and the street shall be used for open landscaping and green areas to the greatest extent possible, taking into account necessary parking. All landscaping shall be completed within ninety (90) days of the issuance of a Certificate of Occupancy with respect to the building constructed or erected on any lot and shall be subject to the approval of the Building Department. 3. Parking lot and sidewalk All parking lot, sidewalks, and other hard surface areas shall be swept and cleaned regularly and cracks and damaged areas of sidewalks shall be repaired or replaced as required. Damaged or eroding areas of the asphalt parking surface shall be replaced as required and an overall resurfacing of the parking area will be done as necessary. Broken bumper stops and/or curbing shall be replaced as required and drainage inlets, storm sewers and any surface drainage facilities shall be maintained in good repair and shall remain clear of debris so as to enable the proper flow of water. Each tenant, grantee, or lessee shall provide adequate off-street motor vehicle and trailer storage for the tenant's, grantee's, or lessee's needs, but, in any event, no less than that required by governmental regulations and requirements. All driveways and parking areas shall be constructed or asphalt or concrete product. 4. Lighting. Levels of light intensity in the parking areas of all exterior walkways shall be maintained at safe levels and bulbs shall be replaced expeditiously as failure occurs. Light standards shall be maintained in good repair and shall be kept functional at all times. 5. Insurance. 1. Casualty insurance: All buildings and insurable improvements erected in the park shall be insured for fire and extended coverage perils, excluding foundation and excavation costs, at their maxiiinum insurable replacement value, and all personal property located therein, including garage or bailee coverage. 2. Public liability insurance: The owner or tenant shall obtain public liability and property damage insurance covering the property and all improvements thereon in such sums as may be set by ordinance or resolution of the city of Okeechobee. 3. Worlanans Compensation: The owner or tenant shall obtain workmans compensation coverage for its activities as provided by law and ch. 440 Florida Statutes and as amended. 4. Flood Insurance: The owner or tenant is subject to obtaining flood insurance in the event the industrial park is or becomes designated by FEMA or other federal agency as being within a recognized flood zone. PARAGRAPH M. Easements, Reservations, Rights -of -Way and Additional Restrictions Easements, reservations and rights -of -way may be reserved by Declarant on or over said property or any portion thereof in any contract or deed hereafter made. 2. Declarant may include in any contract or deed hereafter made, additional protective covenants and restrictions not inconsistent with those contained here. 3. No other structure permitted by this Declaration shall be built, erected, or maintained upon any such easements, reservations or rights -of -way, and said easements, reservations or rights -of -way shall, at all times, be open and accessible to utility corporations who have obtained the written permission of Declarant, who shall have the right of ingress and egress thereto and therefrom, and the right and 0 0 privilege of doing whatever may be necessary in, under, or upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights -of -way are reserved or may hereafter be reserved. PARAGRAPHIV. Scope of Covenants, Restrictions, Reservations, Servitudes, and Easements All of the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration are imposed upon said property for the direct benefit thereof and of the City of Okeechobee, Florida thereof as a part of the general plan of the development, improvements, and maintenance of said property. Each grantee, lessee, or tenant accepts the same subject to the covenants, restrictions, reservations, servitudes and easements set forth in this Declaration, and agrees to be bound by each such covenant, restriction, reservation, servitude and easements. PARAGRAPH V. Violations of Covenants, Restrictions, Reservations, Servitudes and Easements A breach or violations of any of the covenants, restrictions, reservations, servitudes and easements shall give to the Declarant the right to immediate entry upon the Property upon with said violation exists, and summarily to abate and remove, at the expense of the owner thereof, any erection, structure, building, thing or condition that may be or exist thereon contrary to this Declaration, and to the true intent and meaning of the provisions hereof, and the Declarant shall not thereby be deeirned guilty of any manner of trespass for such entry, abatement, or removal, nor shall the Declarant be liable for any violation of any covenant, restriction, reservation, servitude and easement hereof, whether such covenant, restriction, reservation, servitude and easement is violated in whole or in part, is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against any such owner or any parcel, and many be prohibited and enjoined by an injunction. Such remedy shall be deemed cumulative and not exclusive. Where an action, suit or otherjudicial proceedings is instituted or brought for the enforcement of these covenants, restrictions, reservations, servitudes and easements, the losing party in such litigation shall pay all expenses, including a reasonable attorney's fee, incurred by the other party in such legal proceeding. PARAGRAPH VI. Right to Enforce The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant or their legal representative, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise herein provided. PARAGRAPH VU. Assignment of Powers Any and all rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, co -partnership, or individual and upon such corporation, co- partnership, or individual evidencing its consent in writing to accept such assignment and to assume such duties and powers, it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such deed, conveyance or assignment. PARAGRAPH VH1. Marginal Notes and Headings of Paragraphs The marginal notes and headings as to the contents of particular paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Declaration, or in any way define, limit, and describe the scope of intent of that particular section or paragraph to which they refer. PARAGRAPH IX. The Various Parts of This Declaration are Severable In the event any clause, initial platted park, term, provision or part of this Declaration shall be adjudicated by Final Judgement of any Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration, and each and all of its terms and provisions not so adjudicated to be invalid or unenforceable, shall remain in full force and effect, and each an all of the paragraphs, initial platted parks, terms, provisions, or parts of this Declaration are hereby declared to be severable and independent of each other. PARAGRAPH X. Amendment to Protective Covenants, Resbictions, Reservations, Servitudes, and Easements Declarant shall have the right to amend this Declaration so long as such amendment is not inconsistent with or delude the overall plan or protection. IN WITNESS WHEREOF, the Declarant has signed and sealed this Declaration on the day of OKEECHOBEE Crry CouNaL FOR CITY OF OKEECHOBEE FLORIDA ATTEST: JAMES KIRK, Mayor, City of Okeeechobee Lane Gamiotea, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY John R. Cook, City Attorney EXHIBIT 6— APRIL 20,2004 AGENDA February 21, 2003 Richard Gibney Senior Professional Associate HDR Engineering, Inc. 2202 N. Westshore Blvd, Suite 250 Tampa, Florida 33607 Subject: City of Okeechobee NPDES Phase H Compliance Assessment and Draft NOI Dear Mr. Gibney: As requested, Berryman & Henigar has conducted an assessment for existing programs providing NPDES Phase 11 compliance in the City of Okeechobee, and has drafted a Notice of Intent (NOI). The NOI contains all of the materials and information required for a complete submittal to the Florida Department of Environmental Protection (except for the required application fee), to receive generic permit coverage for stormwater discharges from the City's municipal separate storm sewer system (MS4). This document provides a brief background of NPDES Phase H, an outline summary of our assessment, and the NOI. FDEP NPDES MS4 Phase 11 Permit Proara Communities like the City of Okeechobee are designated to participate in the NPDES Phase I[ MS4 permitting program under Chapter 62-624.800 F.A.C. as follows: (1) A Phase II MS4 is regulated under this chapter if it is a Phase II AE4 as defined in Rule 62- 624.200, F.A.C., and. - (a) Located in an urbanized area as determined by the latest Decennial Census by the US. Bureau of the Census. (7f the Phase II MS4 is not located entirely within an urbanized area, only the portion that is within the urbanized area is regulated); or, (b) It is designated by the Department, subsequent to the Department applying its designation criteria defined below whether initiated by the Department or as a result of a petition filed by a party seeking designation of the AE4 as a regulated Phase II AE4. (2) The Department may designate a Phase H Aff4 as a regulated Phase II AE4 under the following circumstances: (a) The Phase II MS4 lies outside of the urbanized area and serves a jurisdiction with a population density of at least 1,000 people per square mile and a population of at least 10,000; and, (b) The AE4 discharges into Class I or Class II waters, as defined in Rule 62-302, F.A. C, waters designated as Outstanding Florida Waters or waters for which a local health Department or county government has issued closures, advisories, or warnings totaling 21 days or more during a calendar year based on bacteriological data; 1412 Tech Blvd., Tampa, FL 33619-7865 (813) 623-2230 * Fax (813) 623-2110 * www.bhiinc.COM An Equal oppornmity Employer 0 0 (c) The AE4 is located in an area of high population growth or growth potential, or high population density with contiguity to an urbanized area; (d) Discharges ftom the AlS4 are determined to he a significant contributor of pollutants to surface waters of the State. Discharges shall be deemed a significant contributor ofpollutants to surface waters of the State when a total maximum daily load has been adopted by the Department for a water body or segment into which the Phase Il AU4 discharges the pollutant(s) of concern, - or, (e) Yhe Phase II AE4 contributes to the pollutant loadings of a physically interconnected A-1S4 regulated under the Department's NTDES stormwater program as set forth in 40 CFR 123.35(b)(4). (3) A Phase Il AlS4 may be the subject of a petition to the Department to require an NPDES pertnitfor the discharge of stormwater. If the Department determines that a permit is needed the entity responsiblefor the AE4 must comply with the application procedures of this chapter. (4) A petition seeking the designation of a Phase H AE4 shall be filed as set forth in Rule 28- 106.201, F.A.C., Rule 62-110.106, EA. C., and applicableprovisions of Chapter 120, F.S. The City of Okeechobee was not designated by being located in an urbanized area through either the 1990 or 200 census. However, it is anticipated that the City of Okeechobee will be designated as a regulated small municipal separate storm sewer system (MS4) by the Florida Department of Environmental Protection (FDEP) under 62-624.800(2) (shown above.) Once designated, the City will have one year to submit their Notice of Intent (NOI) to FDEP, unless the Department grants a later date. The State of Florida's rule, Chapter 62-624, F.A.C., provides the requirements for processing Municipal Separate Storm Sewer Systems (MS4) permits, as authorized under Section 403.0885, Florida Statutes, which include the Generic Permit for Discharge of Stormwater from Phase 11 MS4s, as incorporated by Section 62-621.300(7)(a), F.A.C. Chapter 62-624 F.A.C. also provides general requirements and procedures for the issuance, denial, revision, suspension, and revocation of MS4 permits. Application fees for coverage under the Phase H MS4 Generic Permit are set out in Section 62-4.050 F.A.C. The Notice of Intent (NOI) form consists of three pages of applicant information (e.g., point of contact, address, listing of known water bodies), and a table that forms the basis for the applicant's Stormwater Management Program. The table has been completed by Berryman & Henigar, utilizing information provided by the City. The table identifies the Best Management Practices (BMPs) for each required element of the Six Minimum Measures, and the Measurable Goals (or specific actions) to achieve implementation of the selected BMPs. The table also includes time frames for completing each Measurable Goal, and identifies the City department(s) responsible for implementing each BMP. The City of Okeechobee SWMP must address these Six Minimum Measures: 1 . Public Education and Outreach; 2. Public Participation and Involvement; 3. Elicit Discharge Detection and Elimination; 4. Construction Site Stormwater Runoff Control; 5. Post -construction Stormwater Management in New Development and Redevelopment; and, 6. Pollution Prevention and Good Housekeeping. The South Florida Water Management District will provide the City of Okeechobee with compliance with Minimum Measure Number Five. Dependence upon Water Management 0 0 District programs is allowed by FDEP rule, Section 62-621.300 (7)(a)X., F.A.C., "Qualifjing Alternative Program". Therefore, BMPs and measurable goals do not appear in the draft NOI for Minimum Measure Number Five. Meetine with Citv of Okeechobee On January 30, 2003 members of HDR and B141 conducted a meeting with the City of Okeechobee City Engineer, Oscar Bermudez. The purpose of the meeting was to discuss the Storm Water Master Plan and NPDES Permit Application project. Richard Gibney of HDR provided a brief overview of the FDEP funded project in an effort to inform all attendees as to the scope of work that HDR and their subconsultants, have undertaken. Julia Palaschak of Berryman & Henigar provided an overview of the NPDES permit process including a specific discussion of the six minimum measures required under the permit. Interviews with Citv of Okeechobee Staff In December 2002 and January 2003, Berryman & Henigar staff conducted telephone interviews with City staff members to determine which existing programs might fulfill requirements of the Phase H program. Pertinent conclusions made from each interview are briefly provided below: Joe Boyd —Construction Inspector - Mr. Boyd is not certified in erosion control inspector. - Implementing inspection schedules but not an inspection checklist. - Implementing a tracking and record keeping system. - Violations are reported to the City's Code Enforcement Department. Development Review Committee - Requiring SFWMD permits in order to receive a City permit. - Erosion controls are part of the land development regulations. Technical Review Committee - Ihnplementing a plan review checklist. Donnie Robertson — City of Okeechobee Public Works Department - Using construction BMPs on City projects. - Implementing a system of receiving and recording citizen complaints. Stormwater Management - No Master Plan implemented. - Maintaining a list of flooding hotspots. Right -of -Way Maintenance - Implementing a maintenance schedule. - Conducting street sweeping through a contract. - Conducting storm sewer cleaning. - Implementing a tracking and record keeping system. Facilities Maintenance - Using least toxic alternatives for facility maintenance. - Making an effort to properly store and handle cleaning materials. - Performing stormwater facility maintenance. 0 0 Fleet Maintenance - Making an effort to properly store and handle auto and vehicle maintenance materials and fluids. - Working to reduce the exposure of hazardous materials to stormwater. - There is no vehicle wash station. - Maintaining a spill plan. Canal Maintenance - The City is in the process of developing a program to maintain canals. - Licensed City employees conduct chemical maintenance in the canals. Major Tom Raulerson - City of Okeechobee Police Department - The police department conducts public outreach, including public speaking. - The force has HazMat training as "first responders" to protect the public and to provide traffic control. - Employing a designated environmental crimes detective. Keith Tomey — Fire Chief, City of Okeechobee Fire Department - Conducting public outreach, including public speaking. - Participating in annual public outreach events in the City. - Maintaining records of facility inspections. - Looking for HazMat exposure during inspections. - The Fire Department personnel are trained in OSHA HazMat Level H, and they fulfill the role of "first responders." - Vehicle maintenance is contracted. John Hayford, P.E. - Director of Operations, Okeechobee Utility Authority (OUA) Facility Maintenance - No hazardous materials exposed to stormwater. Sludge is land -applied to a site that is entirely bermed and is a "zero -discharge" site. - Implementing a maintenance schedule. Hazardous Materials - Maintaining a spill plan associated with their hazardous materials. Pump Stations and Pipes - Maintaining a spill plan associated with any discharges from pump stations and pipes. Comprehensive Plan - OUA is a "Special District" with interlocal agreements for handling City and County water and wastewater. Burt McKee - Senior Program Manager / Director of Hazardous Materials Central Florida Regional Planning Council of the Local Emergency Planning Commission Hazardous Materials - Maintaining a list of facilities with hazardous materials. - The Spill Plan is maintained by the EPA and the FDEP. - Employing HazMat-certified technicians. - Implementing BMPs for the handling of hazardous materials. E 0 Ed Trent — Environmental Manger, Florida Department of Health (DOH) - Permitting and inspecting both septic tank installations and repairs. - DOH performs initial investigations into hazardous spills, and then they are referred to FDEP. Discussion of the 6 Minimum Measures M][NIMUM MEASURE NUMBER ONE Public Education and Outreach The City must implement a public education and outreach program to conducipresentations or other initiatives that will reach all sectors of the community, and distribute educational materials to all sectors of the community about the impacts of stormwater discharges on water bodies. The City must teach the steps that thepublic can take to reduce orpreventpollutants in stormwater runoff. The City of Okeechobee has some public education and outreach programs in place. The City's Fire Department and Police Department participate in public events and speaking to target audiences, and have a system to distribute information, but currently do not include stormwater issues. Both the Cooperative Extension Service (CES) and OUA utilize brochures provided by FDEP and SFVRVID. The Cooperative Extension Service is implementing the Florida Yards and Neighborhoods program, which teaches citizens to reduce pollution from residential landscapes. Recommendation: It is recommended that the City begin to develop various public education materials outlining the impact of stormwater discharges to the City's MS4. These materials should include information of steps that the public could take to reduce or prevent the discharge of pollutants including household chemicals, automobile fluids, yard debris, and other prohibited substances into the City's MS4, including roadside ditches and swales. Brochures and videos for this purpose have already been developed by other Florida governments, such as Pinellas County and Hillsborough County. The City should develop a pamphlet that specifically speaks about stormwater pollution prevention and the sources of stormwater pollution. The pamphlet should be developed in cooperation with Okeechobee County in order to provide the citizens with a consistent message about stormwater pollution and its impacts on the Okeechobee environment. Development and implementation costs could be reduced to both the County and the City if the public education and outreach effort is based on upon regional needs rather than the needs of two separate governments. MINIMUM MEASURE NUMBER TWO Public Involvement and Participation The rule requires that the City give all members of its community the opportunity to be involved in the local NPDES program, by providing notice to the public of AIPDES-related acdWdes, programs, and opportunidesforparficipation. Include thepublic in developing, implementing, and reviewing the stormwater managementprogram. Existing Compliance Measures: The City provides appropriate public notice through regular meetings of the City Council. Also, the City can provide printed public notice through the two local newspapers. 0 9 Recommendation: The City should begin to develop NPDES-related programs and activities which involve the general public in the implementation efforts including ordinance development, retrofit drainage projects, and other activities. M[1N1M11JM[ M[EASURE NUMBER THREE Illicit Discharge Detection and Elimination The operator of the Phase H MS4 must. (1) develop, if not already completed, a storm sewer system map, showing the location of all known outfalls and the names and location of all surface waters of the State that receive dischargesfrom those outfalls; (2) to the extent allowable under State or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non-stormwater discharges into the storm sewer system and implement appropriate enforcementprocedures and actions; (3) develop and implement a plan to detect and address non-stormwater discharges, including illegal dumping, to the system; and, (4) inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Existing Compliance Measures: The City does not have an ordinance specifically directed toward prohibiting illicit discharge or dumping into the City's MS4. The City has expressed the intent that it's Land Development Regulations implement and be consistent with its Comprehensive Plan. It has not, however, adopted its Comprehensive Plan as an ordinance. Recommendation: The Comprehensive Plan contains Goals, Objectives and Policies that are intended to direct the City in its conduct. It does not contain prohibitions, or otherwise function as an ordinance. It is therefore recommended that the City adopt a new section of its code specifically addressing the NPDES permit requirements, with a section specifically prohibiting discharge or dumping of anything except stormwater into its stormwater management system, including any channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street roadway, or swale, or any inlets thereto, or any stormwater treatment ponds. The ordinance should directly prohibit discharge of any material that causes violations of the State's water quality standards contained in Chapter 62-302, F.A.C. The City should assign primary responsibility for enforcement of illicit discharges to a single responsible party, or section. The City should provide training for all staff members whose work takes them into the field, so that they will be able to recognize illicit discharges and know how to report them. Considering the limited manpower available to the City, this effort could be enhanced by providing training to a selected group of citizen volunteers. This has been successfully implemented by several Phase I communities. The City should assign a single telephone number for use by citizens in reporting illicit discharges, and provide public promotion of the number, including how citizens can recognize and report potential illicit discharges. This could be a phone number that citizens already use to report flood complaints or suspected code violations. Considerable material already exists from other local governments that can be used for this purpose. The FDEP is currently overseeing a project to develop a Storm water Master Plan for Okeechobee County and the City of Okeechobee. Identifying the existing storm sewer system is 0 0 part of this project. This goal overlaps with the NPDES Phase 11 permit requirement to develop a map of the City's MS4. The City should ensure that all MS4 mapping opportunities are maximized. NUNLWUM MEASURE NUMBER FOUR Construction Site Stormwater Runoff Control The rule requires the City to develop an ordinance or other regulatory mechanism in order to establish a construction program that controls polluted runoffftom construction sites. The construction program must apply to projects that have a land disturbance area greater than or equal to one acre The program must require that construction site operators implement appropriate erosion and sediment control BMTs, as well as proper management of construction debris, litter, sanitary waste and other construction by-products. Also, the review and approval of site plans must include plans specifically describing the methods that will be used by the construction site operators to control stormwater runoff, erosion and sediment Existing Compliance Measures: The City's Land Development Regulations contains the following sections that deal with control of erosion and sedimentation during construction: Section 921 STORMWATER MANAGEMENT REQUIREMENTS 1. Required stormwater management systems shall comply with State approved standards adopted by the South Florida Water Management District. 2. Minimum stormwater management requirements are: d. Erosion and sediment controls shall be used during construction. The South Florida Water Management District stormwater rules, Chapter 40E-4, F.A.C., do contain requirements for erosion controls for those projects receiving a SFWMD permit. They would not, however, apply to all construction sites in the City, thus additional controls are needed to satisfy this Minimum Measure. Section 92 1. I.d. of the City's code fulfills that requirement in a general sense, however more specificity to preventing deposition of sediment in surface waters and the City's MS4 would further clarify the intent of the ordinance. This Minimum Measure also requires some kind of control over storage of litter, construction waste and debris, and unused construction materials such as topsoil, paint, fuel, etc., in such fashion that they may be subject to being washed from the site into the MS4. There does not appear to be a City ordinance applicable to this requirement. The City's ordinances provide partial compliance with the requirements of this Minimum Measure, however: 1. There is no specific reference to discharge of sediment into the City's stormwater management system. 2. There is no direct provision for temporary storage of construction site waste or construction material exposed to min and wind. Recommendation: It is recommended that the City amend Section 921.1.d of its Land Development Regulations to include protection of the City's stormwater management system from discharges of materials other than stormwater from construction sites, making specific reference to the requirements of the NPDES rules. 0 0 It is further recommended that the development plan submittal requirements in Section 13.02.07.C.3(g)(1) be amended to include requirement for a plan to provide erosion controls and containment for construction site materials, wastes, and litter that may be exposed to rain or wind during construction. Construction site inspection staff should be provided with training and a basic field checklist to clearly understand what they should be looking for when inspecting for erosion controls, stormwater BMPs and site litter control. MIUNIMUM MEASURE NUMBER FIVE Post -Construction Controls for New and Redevelopment The rule requires the City to develop, implement, and enforce a program to reduce pollutants in post -construction runoff to their MS4 from new development and redevelopment projects that result in the land disturbances greater than one acre. Existing Compliance Measures: The City's compliance under Minimum Measure Number 5 is provided by the water management districts' rules and regulations. The FDEP MS4 generic permit specifically allows The City to rely upon SFWMD programs that require permitting of stormwater management and treatment facilities. Recommendations: The City should choose to designate the SFVRvID for compliance with Minimum Measure Number Five, as allowed by 62-621.300(7)(a)X. "Qualifying Alternative Programs", F.A.C.. The draft NOI provided with this document reflects this recommendation. NEINEVIUM MEASURE NUMBER SIX Pollution Prevention and Good Housekeeping for Municipal Operations The rule requires the City to develop and implement an operation and maintenance program that has the goal ofpreventing or reducingpollutant runoff from City activities, such as park maintenance, fleet and building maintenance, and stormwater system maintenance. It also requires training of employees to prevent and reduce stormwaterpolludonfirom City activides. The intent of this minimum measure is to ensure that facility and field operations conducted by City staff include practices that reduce or eliminate pollutants entering the City's MS4 and surface waters. The element includes requirements for both operations procedures and for training - Existing Compliance Measures: The BMI's that may provide compliance with this requirement are widely varied. The staff most often relied upon to implement the BWs are those working in parks management, fleet maintenance, mosquito control, canal and MS4 maintenance, road repair, facility maintenance, utility repair and upgrade, pump station repair, and solid waste recycling. The Public Works Department uses BMPs such as erosion control and turbidity barriers on their construction projects and with MS4 maintenance activities. Additionally, they utilize the least toxic alternatives for chemical applications and have licensed pesticide applicators. City vehicles are maintained at a private facility; therefore the need for BMPs associated with automotive maintenance such as the proper storage and recycling of used automotive fluids is not applicable to this Minimum Measure. 0 0 The City continues to develop and implement MS4 and canal maintenance schedules, including chemical maintenance for vegetation overgrowth. The City conducts street sweeping on a regular basis, and regularly performs storm sewer inlet cleaning. With regards to training activities, the City conducts regular training for hazardous materials spill and sanitary sewer spill containment and response. Hamat training is provided to fire, police and other City personnel. Spill plans are maintained by the wastewater utility department. Recommendation: Operational BUTS should include recycling of office paper and aluminum from City facilities. Other BMPs for municipal facilities could include continued use of least toxic alternatives for grounds and facility maintenance, continued scheduling for MS4 and canal maintenance, and incorporation of water quality BUTs with MS4 repairs and improvement plans (for example including inlet baskets to capture leaves and floatables.) The City should ensure that the City construction inspectors and inspector supervisors are trained to conduct erosion control inspections, through FDEP or another organization. Contractors hired by the City to conduct or manage City -owned construction projects should also be trained to implement, maintain and inspect erosion controls. A course in erosion and sediment control is offered by the FDEP at locations around the State, and information about upcoming classes may be found on the FDEP Stormwater website. Other training that provides compliance with this Minimum Measure includes: pesticide applicators certification; continued first response and spill containment training for hazardous materials spills and sanitary sewer discharges; non-stormwater discharge identification and investigation training; water -wise landscape training for City landscape maintenance crews; Integrated Pest Management (IPM) training for landscape and facility maintenance crews. Berryman & Henigar appreciates the opportunity to work on this project and we look forward to providing additional NPDES guidance as the City of Okeechobee and Okeechobee County near their NPDES application deadline. Please call me if you have any questions regarding the City of Okeechobee's draft NPDES Phase H permit documents. Sincerely, Hans Zarbock, P.E. Project Manager ip/HZ Wanatee\office\B&H Projects\okee\City\Assessment Reporffinal City Summary.doc 0 City of Okeechobee NpDES and aster ,Qtnrmwater M, Plan Son-owpoint pollution Discharge Elimination Svstem uean Water Act Uttlority to F[)EP 0 EpA .. deiegated a a galffies =kdium mun'6, e and Me Larg on size ,omqIete ased al COMMUnitle b C Ad designation -f MJDL and 0 NPDES , Six Afinimum Nfeasures public education public P rficiPabon illicit discharge ff cont ol Construction site runO 0 Post construction runoTT jentionigood housekeeping 0 Pollution pre\ j J",\ E Current Status Rulemaking complete City has been designated as a rnnittp.p. �jv Permit application at least 6 months fniiowinq- formal notification Nfaster Plan to rrI vv L4 Model verifica"On i;minary Assessment r SugV)Ort Data problem Area identification roararn Cagital Im9rovement. P F unding Study Objectives 0 I Develop inventory of existing stormwate d sewer systems Develop water quality model Identify water quality and flooding problem areas .Develop short-term and long-term 11% C-Ps tx_ 0 0 rW, -51 T '-s a a R i Zia opv -in i�-, int�v 9-,, ZU -4 0 0 0 CL 0 0 S' x CD CD C.D r CD CD . 3 cD w 0 0 cn CD CD > G) 0 X 0 — n cn o (n ro-q- CD E5 0 cn 3 cm cn W '"a l6qw ce) Con Cole) co� 0 0 0 0 C/) C/) C/) z 0 r-11, %< c CD 0 0- 0 cn- CD 3 cn cD (n 3 0- cD CD 0 --1 CD -11 cn cm N CD Inventory of SewerlSeptic Areas 0 Deliverables inventorY Of st' facilifies ur,tures and Mag of stOrmwater SYSILU Mag of septc/sewage sYstem I ��t Water Q11ality Alodel i s refined bY LOW W)c�M model vva dding'.' iver sYstem P)�,sting se, Streamicanal buffers ing Septic, tank P hosphorus load c ,riteria 147ater QIjality Problem Areas Highest percentage of total P in study 'its. area within city lin bal , septic Medium density residen t a I nbc High density residen ia s r - *I Water Quality Problem Area Identification Flood Problem Area Identification Develop Short- And Long. -term Capital improvement Program Funding Alternatives V-1 , 1 0 Current Status D raft Report Developed S t nd CIP sections en copy of flooding a to City Engineer Currently in review and final editing " em uoissnis.la 0 Apr 13 04 10:39a B Site Development BGIWG3-4940 EXHIBIT 7— APRIL 6,2004 AGENDA of Okoschobeo 56 SOMMOSM r Ann9v * 0knChObSO, Fi*dd* 34M *&&I- F#34372 Complete onWe appkcation with all applicaNe attachments and rWurn to Me CMCO of th& COY Clark The Cky DoperInwis wAff be contacted to sign offor; #w application. The application 4 then forwarded to the C4Y Couwl. You will be rWiftd of the irmehing defe. Ples8o note thli; appAtation will cover both a City street W.L81deivalk. ThOM is a separate ap#kefion should you mqueSt Me Newalk ofthl Name of Applicant Address Name of Property Owner Address Street to be Closed Dot" to be Closed T"s) to be Closed Purpose of C"nq Attachments TEMPORARY STREET AND SIDEWALK CLOSING Today's Date �Sc-S- C- !Q?. 'P0 VVC,4-1- A4 C� Phone(*) IV , e k4 eVU -,- C , - t3. C uctvc�- �rvo4 -1 t-P 3 - kc--,C5� -�) NCL,:,- Se,,,c-,r LkAA-A-, 0 �:, r-, t-,% me Original Signatures of all reelftnts, property owners and business owners aftected by street closing stating whether they approve or object. This can be dorm on one Ilst. Make sure If It Is a businew that the name of the business and owner Is legible. If it Is a resident make sure the name and address Is legible. (Required of all applications) Copy of proof of Insurance. J11111nimum $1,000,000-00. required of all application) If any Items are being sold an City s~ or eldewslit then a Temporary Use Femit must be attached for each business participating. ftcrnfta can be obtained from (leneral Services. State Food Service License if selling food. State Alcoholic Beverage Ucones. lyou can only serve an private property- NO alcoholic beverages on City property, this Includes streets and sidewalks) 1wrClean-mi; is required wMin 24 hours. NrNo alcoholic beverages can be consurnod or taken out on City property, stre9ts or sidewalks. warNo donations can be requested If any type of elcoholic bov*r*ges are served an private propertylbusiness unless you possess a Staft Alcoholic Beverage License. Please note there are inside coneurniption and outside consumption licenses. you must have the appropriate license. arThe C4 Public Works Department will deliver the appropriate barricades, The CRY Police Dopartittiont will got them out and take them down at the appl'OPristill tlmO*. orournpaism and port -a -left are required when closing the street for more than 3 hours. ZO 39Vd 3390H333X0 JO A110 969TE9LESE 69:60 P@@Z/ET/V@ Rpr 13 04 10:39a IF B Site Development BEW63-4948 P-3 PUBLIC WORKS N6 comments or objecti ons. ,V DIEPARTMENT r Poninle RohmU2n. Public WhEkILD-k2519, Authorized SInneti m 58te Typed Nerne & Title POLICE No comments or obiections. DEPARTMENT 1 -7 1 4-13-04 Nnity -0avIs,QhIqff f Police tftdrizod Slonsture Date Typed Name, & Title No comments or obiections. FIRE DEPARTMENT 4-13-04 L. Keith Tornev. Fire CW*f Authorized SIqn4b61r6- Date Typed Name & Till* Occupational and1or State License Vorffled:��,N fy-9 ADMINISTRATION ('�3'S §JIN L. Ygagh, pity Adminis r Au"rlx*d Signature Date Typed Name & Title CLERK'3 OFFICE Authorized Signature ',/ - I—')- () V 6gne Garnig a. Cltv Clerk Date Typed Home & Tide APPROVBDIDENIED BY COUNCIL ON: R"i"d W0103 CO 39tocl 3-480Ho33xo -C A113 989TESLEge Z9:Ga 0 0 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: April 13, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. �-DEPARTMENU' ADMINISTRATION GRIT — We continue to see movement on the GRIT issue, both from the perspective of AND GENERAL the bankruptcy court and on the re -insurance issue. John Cook is working closely with SERVICES Steve Robbins and Larry Brown in responding to GRIT's proposals. Industrial Park — On March 30th, we conducted the bid opening for the main portion of the Industrial Park (excluding bridge and rail spur, which will be bid separately). There was only one bid and it was $2,019,982.80. This was higher than estimated and CAS has pulled the lift station from the proposal and we are re -bidding it separately. They feel the cost savings here, coupled with minimal deducts from the remair� items in the contract, will keep us on budget. Representatives from CAS will be available at the April 201h City Council meeting as this contract will be for consideration. CAS has indicated for some time that their original $409,000 contract for engineering related to the Industrial Park, would not be sufficient due to redesign, environmental and inflationary issues that have arisen since the contract was executed. Gene Schriner indicates (and can document) that he has additional costs of nearly $190,000. CAS indicates that they would need an additional $135,000 to reach the break-even point on the project. Gene will make this request at our City Council meeting on April 20'h. The OUA has prepared a Developer's Agreement related to water and sewer reserves for the next two years in the industrial park. Their first draft called for a charge of $711,000 to secure the reserve, based on total capacity of the parks' inftastructure. CAS then submitted actual projected use figures for the first two years ofoperation and OUA submitted a revised proposal that would cost approximately $77,000. The City Council will consider this proposal on April 20'h, as well. Meanwhile, John Cook is preparing documents for the sale of land to Robert Meyer. This will come before the City Council on May 4h. I have prepared the following rough numbers to give you an idea of the City's actual non -grant costs ofthe industrial park, as proposed at this time. ADMINISTRATION Additional Engineering Costs $135,000 AND GENERAL OUA Developer's Agreement 77,000 SERVICES Paving from 0 station to Douglas Park (from street budget) 70,000 CONTINUED Gopher tortoise permit (already approved) 41,000 Nancy Phillips (already approved) 31,000 Total to date $354,000 Offset from initial sale of 20 acres $100,000 Offset from additional sale of 10 acres $100,000 Total Dollars from Reserves (as projected at this time) $154,000 Downtown Streetscape Project — This project is moving forward, on schedule. Impact Fees — There is currently nothing new to report on the issue of impact fees. OUA — OUA is planning a proposed new odor control facility near the old water treatment facility on SE 6h Avenue. In order to construct the facility, they would need to acquire a lot (lot I on the comer of SE 7h Street and SE 6h Avenue) from the City. John Cook is preparing a proposal for the City Council's consideration on May 4 th . PUBLIC WORKS Donnie Robertson continues preparation for the modifications to the 4th Street boat ramp. His staff is planning another round of canal sprayings and Donnie indicates this will be done in conjunction with his mosquito control program. CODE The Code Enforcement Board has found Marvin Brantley in violation of 7 sections of ENFORCEMENT Chapter 30 ofthe City's Code of Ordinances. The offenses range from illegally moored boats in Taylor Creek to fencing issues, setbacks and accessibility requirements at his junkyard. FINANCE Staff is working with the auditors in finalizing this year's audit. The major missing component is the financial reports related to pensions, which must be provided by OUA. 2 0 DEPARTMENT POLICE DEPARTMENT FIRE DEPARTMENT CITY ATTORNEY MOM, The Police Department is seeing a gradual return to normal with regard to traffic volume and incidents. They seem to be keeping quite busy with investigations on a number of matters. Chief Torney is finalizing details that will permit the installation of a new repeater system for the department's radios. This should enhance communication capabilities and improve safety for our on scene safety personnel. The following are included in the items I have asked Attorney Cook to address. I . GRIT issues. 2. Legal issues related to the development and sale of land within the City's Industrial Park. 3. Deed Restrictions for the Industrial Park. 4. Prepare necessary legal documents related to grants. 5. Prepare documents related to OUA's acquisition of needed lot from City. 6. Recommendations related to reversionary action in alley closings, etc. 7. Hamrick Trust — John is in discussion with the County Attorney on this matter. 8. Research annexation issues. 9. LDR issues, such as conversion of former residential structures to commercial. 10. Marvin Brantley's continuing situation. 11. Revisions to Appointed Board Member selection and retention criteria. 12. Ordinance related to the commencement of sitework and clearing. 3