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2004-06-15 Regular MeetingCITY OF OKEECHOBEE DUNE 159 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION ,........... ..... ,,„, ........ „_........... ... ..... ,.,,,,,..... ..... ,_ I. CALL TO ORDER - Mayor: June 15, 2004, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Jim Hudson, Church of the Nazarene; 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 Secretary Kim Barnes IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Recognize Glen Hodges for his 10 years of service to the City V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Action for the May 27, 2004 Joint Workshop and the June 1, 2004 Regular Meeting. PAGE 1 OF 12 „,, " COUNCIL ACTION • DISCUSSION - VOTE ,,,,., „ _ Mayor Kirk called the June 15, 2004 Regular City Council Meeting to order at 6:00 p.m. In the absence of Pastor Hudson, the Invocation was offered by Council Member Watford; Pledge of Allegiance led by Mayor Kirk. Deputy City Clerk Berry called the roll: Present Present Present Present Present Present Present Absent (attending FACC Conference, Deputy Clerk Adriana Berry attending in her absence) Present 17 Lieutenant Hodges was not present to receive his 10 Year Service Award, a monogrammed jacket and certificate of longevity service and appreciation. Following the meeting, Mayor Kirk forwarded the items to Fire Chief Smith. Council Member Chandler moved to dispense with the reading and approve the Summary of Action for the May 27, 2004 Joint Workshop and the June 1, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. 18 .TUNE 15, 2004 -REGULAR MEETING -PAGE 2 OF 12 AGENDA COUNCIL ACTION - DISCUSSION -VOTE V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of VOTE Council Action for the May 27, 2004 Joint Workshop and the June 1, KIRK -YEA 2004 Regular Meeting continued. CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May Warrant Register Council Member Watford moved to approve the May 2004 Warrant Register in the amounts: General Fund, two hundred eighty-eight thousand, seven hundred seventy-eight dollars and sixty-nine cents ($288,778.69); Public Facility General Fund .............................. $288,778.69 Improvement Fund, three hundred eighty-nine dollars and sixty-nine cents ($389.69); CDBG Grant Fund, one Public Facility Improvement Fund .................. $389.69 thousand, two hundred twenty-nine dollars and zero cents ($1,229.00); Capital Improvement Projects Fund (Vehicles), CDBG Grant Fund ............................ $1,229.00 seventeen thousand, two hundred fifty dollars and zero cents ($17,250.00); Industrial Development Fund, forty-five Capital Projects (Vehicles) .................... $17,250.00 thousand, six dollars and fifty cents ($45,006.50); seconded by Council Member Markham. There was a brief Industrial Development Fund .................. $45,006.50 1 discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. I New Business Item H was added to consider a Land Appraisal presented by the Okeechobee Utility Authority. 1 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 860 amending the Zoning Map from Single and Multiple Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland -City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 860 by title only 2. a) Motion to adopt proposed Ordinance No. 860 (Planning Board recommends approval). b) Public comments and discussion. .TUNE 15, 2114, REGULAR MEETING, PAGE 10112 CO(1NCiL ACTION - DISCUSSION - VOTE MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:06 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 860 amending the Zoning Map from Single and Multiple Family to Heavy Commercial on Lots 3,4 and 5 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland; seconded by Council Member Markham. (Note - agenda only lists Lots 3 and 4, however, Lot 5 is also included in the rezoning, motion reflects the correct legal description.) VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 860 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OFLAND MOREPARTICULARLYDESCRIBED HEREIN, FROMRESIDENTIAL SINGLEFAMILY ONE(RSF4) AND RESIDENTIAL MULTIPLEFAMILY(RM1) ZONING DISTRICT TO HEAVYCOMMERCIAL (CH10 ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 860; seconded by Council Member Chandler. Proposed Ordinance No. 860 pertains to Rezoning Application No. 04-004-R submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland. The request is to change the zoning district from Residential Single Family -One (RSF-1) and Residential Multiple -Family (RMF) to Heavy Commercial (CHV). The property is located at 306 Northeast 3`' Street. Legal Description being: Lots 3 through 5 of Block 143, City of Okeechobee Subdivision and is approximately .050 acre. The lots have an existing single family home and a Future Land Use Map classification of Commercial. The request to change the zoning will make the maps consistent and therefore allow development. 19 z® AMDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued, JUNE 15, 2004 - REGULAR MEETING - PAGE 4 OF 12 ,0OUNCIL ACTION - DISCUSSION, •. . VOTE Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. (2) The proposed use (a medical office) is specifically authorized underthe Heavy Commercial zoning district. Specifically, LDR Section 90-282(1). (3) The proposed use will not have an adverse effect on public interest. (4) The use is appropriate for the location proposed, it is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of existing surrounding Commercial uses, except for the church to the North and the Single Family use to the East. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. It is compatible with the neighborhood. (6) The proposed use can be suitably buffered and will have to meet City code requirements for site design, landscaping, and buffering. This would be administered through site review by the Technical Review Committee. (7) Due to the location of the property, the proposed use will not create a density pattern that would overburden public facilities such as, schools, streets, and utility services since it is in a district designed to accommodate such uses. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use should be able to develop within the existing City code requirements and will not be inordinately burdened by any unnecessary restrictions. (10) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summaryand Conclusions Priorto Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and proposed use are compatible with surrounding uses and are consistent with the goals and policies of the City's Comprehensive Plan. Therefore, based on the findings of this analysis, Planning Staff recommends approval of the request to change the zoning of the subject property from RSF-1 and RMF to CHV. Based on the above information, the Planning Board finds the application to be consistent with the Comprehensive Plan and Commercial Future Land Uses, and therefore are recommending approval. The application was considered at the May 25, 2004 Planning Board meeting. Clerk Gamiotea reported in Exhibit One that all fees' have been paid. All appropriate advertisements were published along with a sign being posted on the property. Twenty-one courtesy notices were mailed by General Services to surrounding property owners. There were some responses from surrounding property owners. However, they did not state any objections to the rezoning. There was a brief discussion between the Council. Mayor Kirk asked whether there were any comments or questions from the public. There were none. ., AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. c) Vote on motion. B.1. a) Motion to read by title only proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance -City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 861 by title only 2. a) Motion to adopt proposed Ordinance No. 861. .TUNE 15, 2004 - REGULAR MEETING - PAGE 5 OF 12 COUNCIL ACTION - DISCUSSION . VOTE ,, VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 861 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEEAMENDING THECITYCODES, CHAPTER 46 STREETS AND SIDEWALKS, ARTICLE), SECTION 46-3 DAMAGING GENERALLY, LAND DEVELOPMENT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDS, SECTION 78-36 SIDEWALKS AND PEDESTRIAN ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTIONAND MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND STREETS; TECHNICAL REQUIREMENTS, SECTION 1.13 SIDEWALKS THEREOF; TO PROVIDE FOR DESIGN STANDARDS FOR SIDEWALK CONSTRUCTION, PROVIDE FOR MAINTENANCE, PROVIDE FOR NOTICE OF COMMENCEMENT OFCONSTRUCTIONACT►WT►ES, PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 861; seconded by Council Member Williams. 21 22 AGENDA Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B. 2. b) Public comments and discussion. c) Vote on motion. C.1. a) Motion to approve the final platting of Morgan Manor (Brentwood Estates) - Mark Troendle (Exhibit 3). b) Discussion. JUNE 15, 2004 - REGULAR MEETING - PAGE 6 OF 12 COUNCIL ACTION - DISCUSSlDI+I VOTE Mayor Kirk asked whether there were any questions or comments from the public. There were none. Council Member Watford noted that this will change the thickness requirement for construction of sidewalks from four inches to six inches and that anyone who operates heavy equipment needs to notify the Public Works Department so that the'I appropriate methods can be taken to keep the sidewalks from being damaged. The person who does the damage to the sidewalk is now held liable for repair costs. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the final platting of Morgan Manor (now known as Brentwood Estates);' seconded by Council Member Markham. Mayor Kirk asked whether there were any comments from the public. There were none. Council discussed a request from Mr. Troendle, the developer, that as each house is constructed, the required sidewalk would be installed at that time, keeping them from being damaged. Council Member Watford moved to amend the motion to approve the final Dlattina of Morgan Manor/Brentwood Estates aDDrovina the delay of sidewalk installation. up to thirtv-six months. with submission of a bond to cover sidewalk completion: seconded by Council Member Markham. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION To AMEND CARRIED. ".1.,.-AGENDA.- _ VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. C.1. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. .TUNE 15, 2004 - REGULAR MEETING - PAGE 7 OF 12 COUNCIL ACTION - DISCUSSION - VOTE, VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED AS AMENDED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:24 P.M. A.1. a) Motion to read by title only and set July 20, 2004 as a public hearing Council Member Watford moved to read by title only and set July 20, 2004 as a final public hearing date, proposed date, proposed Ordinance No. 862 abandoning the South 30 feet of Ordinance No. 862 abandoning the South 30 feet of Southeast 2"d Street between 5th and 6th Avenues; seconded by Southeast 211 Street between 61h and 71h Avenues - City Attorney Council Member Markham. (Note - agenda lists the street to be between 61h and 71h Avenues, however, legal in motion (Exhibit 4). is correct.) b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 862 by title only VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 862 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2ND STREET BETWEEN 5T" AND 6T" AVENUE, CITY OFOKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION, AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCEIN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURTIN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 23 24 ., ..... ,_, ..... ,,.. „ .. AGENDA IX. NEW BUSINESS CONTINUED. A. 2. a) Motion to approve the first reading of proposed Ordinance No. 862. b) Discussion. c) Vote on motion. B. Motion to approve Amendment No. 1 of the Department of Environmental Protection Contract regarding the SE 4th Street Boat Ramp Stormwater Retrofit Project - Donnie Robertson (Exhibit 4). C. Motion to award contract for Healthcare - City Administrator (Exhibit 6). JUNE 15, 2004 - REGULAR MEETING - PAGE 8 OF 12 ., ,, „ . ,,. COUNCIL ACTION - DISCUSSK = VOTE „ I. „ , , ... ._...,.,.1_�.._....�.-1111.111 y 1..''. 1 11 J_1. Ili 1 .''. 111.1 1 1 1 '... ---h- I 1'll.6., J Council Member Markham moved to approve the first reading of proposed Ordinance No. 862; seconded by Council Member Williams. Council reiterated that they will require proof that the North property line of Southeast 2A Street is appropriately dedicated as a city right-of-way. This property was noted as Lot N, and later incorporated into the legal description with Lot 0, all of Block 252, City of Okeechobee Subdivision. The applicant has until the public hearing, July 20, 2004 to provide this information to the Council. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve Amendment No.1 of the Department of Environmental Protection Contract regarding the Southeast 41h Street Boat Ramp Stormwater Retrofit Project; seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach addressed the Council discussing the proposed options on the various health insurance bids. The Bids were opened on June 2, 2004. Five bids were received. One was a statement of no bid. Two were determined insufficient since the base bid was not addressed. The two bids remaining were from Group Insurance Solutions and Employee Mutual Incorporated. ., ., ... , IX. NEW BUSINESS CONTINUED. C. Motion to award contract for Healthcare continued. 1 JUNE 15, 2004 - REGULAR MEETING - PAGE 9 OF 12 25 ... „ . COUNCIL ACTON - DISCUSSION - VOTE Among the options considered by the City Council: 1 - Leave Health Plan as is and renew the contract with Blue Cross and Blue Shield of Florida Health Options. To renew the contract with the same benefits would result in a 26 percent increase in premiums. 2 - Renew the contract with Blue Cross and Blue Shield of Florida Health Options and increase the employee's co -pay. This would still result in a 20 percent increase in premiums. 3 - Drop the HMO Blue Cross and Blue Shield of Florida Health Options type plan and renew with a PPO type plan. This proposal would result in a 12 percent increase to premiums, but would undoubtedly also result in significantly higher out of pocket costs to the employee. 4 - Join the insurance pool with EMI. Costs are substantially higher than offers above. Mr. Veach also noted that staff drafted the Health Insurance Bid to include alternate proposals for employer paid dental and vision care. It was hoped that health care proposals would be received in which the City would realize cost reductions, possible through slightly higher employee out of pocket expenses. Had that occurred, the City might have been able to use these savings to provide vision and/or dental coverage. Obviously, with the increases in all the health care proposals, the option for the City to provide dental or vision coverage would not be practical at this time. However, the employee may choose to pick up the additional coverage at their own expense (as some currently do). Following discussion, Council Member Watford made a motion to award the one-year Health Insurance Bid to Group Insurance Solutions (for option one as listed). Blue Cross and Blue Shield of Florida. Health Options, keepina the same benefits as the existing contract. with the 26 Dercent increase in premiums: seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. we AGENDA IX. NEW BUSINESS CONTINUED. D. Consider request to purchase replacement breathing equipment for firefighters - Chief Smith (Exhibit 7). E. Consider request to increase Battalion Chief base pay to $37,836.41 - Chief Smith. JUNE 15, 2004 - REGULAR MEETING -PAGE 10 OF 12 COUNCIL ACTION - DISCUSSION - VOTE .I l.., ...,.,.' '..'', J .... . I., I 1 11 kill... ..I l6I I., - ..".. I. 1. U.J. 1.11Ldl 11.1 ,.1, Chief Smith presented, in Exhibit Seven, his request to purchase appropriate breathing equipment from Ten-8. Following a brief discussion, Council Member Watford moved to aoDrove the purchase from Ten-8 for MSA tope breathina eauioment (SCBA) in the amount of eiahteen thousand, nine hundred fortv-two dollars and eighteen cents ($18,942.18): seconded by Council Member Williams. This was a budgeted item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Chief Smith presented a request to the Council to approve a change in the step pay plan in regards to promoting Lieutenant William Douglas to Battalion Chief. Lt. Douglas is a twenty-year employee with the City. When the new step pay plan was adopted October 1, 2003, his annual salary and service bonus placed him in step five of the plan. Annual Salary being $35,177.78. When an employee is transferred or promoted, they start at step one in their new job title. However, promoting Lt. Douglas and moving him to step one of the Battalion Chief line would create a pay cut. Therefore, Chief Smith is requesting approval to increase the Battalion Chief pay. Following a brief discussion, Council Member Williams moved to increase the base Dav, SteD One, for Battalion Chief to $37.836.41, seconded by Council Member Chandler. Change to take place immediately. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 AGENDA,.......„„ Vill. NEW BUSINESS CONTINUED. F. Motion to appoint a voting delegate to this year's Florida League of Cities Annual Conference - City Administrator (Exhibit 8). G. Motion to approve a Surety Bond Release of the Hanover Insurance Company and approve AON Commercial Surety Services as its replacement pertaining to Adelphia - City Attorney (Exhibit 9). H. ITEM ADDED TO AGENDA: Consider property appraisal from the Okeechobee Utility Authority - L.C. Fortner, Executive Director (Exhibit 10). .TUNE 15, 2004 - REGULAR MEETING - PAGE 11 OF 12 COUNCfL ACTION - DISCUSSION - VOTE, Council Member Markham moved to appoint Administrator Veach as a voting delegate to this year's Florida League of Cities Annual Conference; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to release Hanover Insurance Company from their surety bond regarding Telesat Acquisition, LP pertaining to Adelphia; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Fortner presented copies of real estate appraisal performed by Robertson Reality and Appraising, Inc. regarding Lot 1 of Block K, Central Park Subdivision. The appraisal lists the property value at $29,500.00, As explained by Attorney Cook, the procedure will be for the City to express an interest to sell the lot to the OUA. The OUA Board would then need to make an offer to purchase the lot and present that offer at the next City Council Meeting, July 6, 2004.Following discussion, the consensus of the Council was to advise Mr. Fortner that the City would entertain an offer from the OUA to purchase Lot 1 of Block K, Central Park, at the next meeting. 27 ....,,..„1,,,.'.,.,AGENDA,,.., „.,, X. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATTEST: James E, Kirk, Mayor � t Lane'Gamiotea, C ty Clerk JUNE 15, 2004 - REGULAR MEETING - PAGE 12 OF 12 .. L COUNCIL. ACTION - DISCUSSION .VOTE There being no further items on the agenda, Mayor Kirk adjourned the June 15, 2004 regular meeting at 8:22 p.m. The next regularly scheduled meeting is July 6, 2004. _TTT -C&-OF OKEECHOBEE 111NE 15 2004. REGULAR CITY COUNCIL MEETING - HANDwRn?EN MINUTES 1. CALL MORDER -Mayor: Kirk. June 15.2004. Citv Council Reaular Meetina. (9.1n 0 D.M. I'- ENING CEREMONIES: Invocation aiven by Pastor Jim Hudson. Nazare' Church: Pledge of Allegiance led by Mavor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clark. Present Absent Mir James E-K& Qgqn2LM2Mb20oel A. Ctgndjer Cdftil MeMber-Lowry Markham -'----- t:.UU1t6IMei6ei Duw* R.-W3ffbTd--Jn—------ Councif Membe, Olayton-Williams ------ - City Aff"!B—gy john R. Cook- QN-Admini,-z tor Rill -Secretary Kim Barnes -TV—.IN I A. Recognize Glen Hodges for his 10 years of service to the City. 4.MINUTES - City Clerk. moved- to dispense the Summary Action for the May 27,2004 Joint Workshop (As amended) and the SurrXmary of Council Action for the I --Joe-t'2004 Regular IvIttel4ig. *ewiididd by Cuum;l Membei YEA -NAY AMIS IAA Abbehi C DLER_ V- --- -- ORD MOTI N: CARRIE DENIED _7 VI. WARRANT REGISTER - City Administrator Council -Member- - moved —to —approve —.the May 2004 Warrant Register -in -the -amou-nts;- General Fund two hundred eighty eight thousand, seven hundred seventy-eight dollars and sixty-nine tier &- /&PMO "7170 _M%._Pt6l4c -Faeflety imprevementfw44mbundred eighty nine dollars and sixty- nine cents($ 389.69); CDBG Grant Fund one thousand two hundred twenty-nine dollars and no cents 229.DU ); L; a p na i P-rbj-#Crs t "ei -hundreq-ff ty d url d I b d i Id 11 u (.e I (tb 5 forty fijW thousand, six dollars and fifty cents.($ �17,2 0.00); Industrial Development Fund for 4�5KO06_ - 614, s nded by CMember t • New PAGE -2- YMt, ABSTAIN ABSENT _ - - - - - -.---- - V - } j 1 luit: fie" rNICIJ AGENDA - Mn►su. A. PL 0equests for the addition, d ferra or ithdrawal of item t ay's agenda. �v. VIII.I 1 1Y A# UK hikA Uidci4cU i mc'rrUbLi6 .r rye rUK UnuikM .c IUUr' i lUw A i - . - - -- - - - i) Council Member D (n1— moved to read by title only proposed Ordinance No. 860 amending the '-Zoai%Map. and _4.of Block -143, Katy...- - - - - -- ---- of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property 1%21-- --- v.v1 iir n' - --- - - b) _Vote on motion to read b title only. VO. E YEA MAY ABSTAIN ABSENT C DLER - - WA , ORD MOTION CABBIE DENIED -� .Attomey Cook read or000sed Ordinance No. 860 by title only as follows: "ANORDINANCE OF THE CITYOFOKEECHOBEE FLORfDAAMENDNVGTHEOFRCIALZONINGMII OKEECHOBEE RESIDENTIAL SINGLE FAMILY -ONE (RSFL1) AND RESEAL MULTIPLE FAMILY (RAC - MfAPACCORDMLY, PRONIDINd PORCONFIJCTS, SEVERABILITYANDANERiECTIVEDATE" - __.____.-_ 2. a _Council _ Member L ty) moved to adopt proposed Ordinance No. 860 (Planning Board - --- recommends approval); seconded by CouRWember W b) Public comments and discussion. r d s o n 3_ QcrassmP is wozw T -- . Q —,,, — --- - ---- ----------------------- W14--council Mem VJ moved to read by title only proposed Ordinance No 861-reaa - ina an ---- amendmentto sidewalk construction and maintenance -City'Aliomey (Exhlbft2); seconded by Council ---b)7-T- Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT lap ___vwAUQRn il�ul' M-S C)Attorney boo mad proposed Ordinance No. 861 by title only as foliows:,'Ah uftthhmt�= Ue in= ------- CITY OF OKEECHOBEE AMENDING THE CITY CODES, CHAPTER 46 STREETS AND SIDEWALKS, ARTICLE 4 SECTION 4&3 DAMAGING GENERALLY; LAND DEVELOPMENT REG( /I A LM CHA PM 78 EMSTANDARDS, SECMVZU9SJDEWALXSAND____ PEDESTRIAN ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, GONSTRUGTMN AND MAIN DR GITV STREM CHAPTER 6 ROAD$ AND STREETS; TECHNICAL REQ(MREMEM SECTION 1. 13 SIDEWALKS THEREOF; TO PROVIDE FORDESIGNSIMARDSFORSIMMUCC� 4DEFORAWNTEONCE- PROWDEFORN077CEOFCOAWENCEMENTOFCONSTRUC77ONACMMES, PROVIDEFOR PENALTIES FOR DAMAGES; PROVIDlNG FOR SEVERABFUTY; PROVIDING FOR AN -- - - ------- UAIM ounc-AC mb ---LM oved tp adopt proposed Ordin-ance-No-861; seconded-by-Councit- Member7 b)_Public comments and discussion. tp4n rynn Da V4. eQU)P-M-Wf___hDHP14 D ifothY 4 i VOtE YEA NAY ABSTAIN ABSENT _AnKr� T CuAliADLER ___ ly PAGF. -5-. CJAJ Counc"Aaraber I�In� - moved ta.approve-tbe.final pW1109-0f Morgan Manor-.MarkTroendle (Exhibit 3); seconded by Council Member UP-) b) Discussion �j 5+ tn, .�. K- Cb>�Si ruC�n - C'1r1G(1' YI►1 Q ... pufpose bi I vf wc,y_, C CAS ..kwn .hoavg eqUfpynvnr CC�rfcc1ny ,k Qa��n slab C-D_>JerC S't pP s>o�-(,you/'. r�os�n�Ue rp�ue5 .,, -1 i Q 4 _G� p v.P�E" op.! f f'�C 1 u CC),pd o �t'0/) �Y dpuloper,,�M-dw-,� 0/ prl'� �rY) , 4imQ jiro)�orpqymi1 od St�+Pt IC p 91 d e. w a Uc , Qw - S(,-X0 ! QS rut) CUflb -./--N-�. UJ, er. . n tro hce -f1 j, 1 p YZ roa d ASCV,44 Qd ua� dfarna s" rPgso,--70 �t rk DO) a yS ttu lot on kea c�q 10 r-O 1. -3-q m-Ms -/0 a• 3Iths . No hwsc arm rw • wad f- )! n0 on n� C( j� � roac) shc�� o o t�vr ) t4, -.. DVU amejjd k7 <Sh'plklake- 5jd0-wC411G O.P 32P mpg �� suhr�� Ss-214n b horld 7b C OVQr siadr pl Ala h n i>? Con-W Ohl L Sa hJ96 0d Shnu IeQ %.e ,G� �►-� j l- ///�/J1�� J"1S � use . � +ems o -� r R s�Q�Sahsed. ,rt Vote on motions ,- _. YES. NAY ABSTAIN ABSENT, CHANDLER l/ " ✓ WA ORD ✓ . 1�4'lA�iS t/ t - MOTiO . CARRIED DENIED ��----"'yx= ...- .;ram. - ��..�..�-r.�.�xc.-�.v':;-+—w — �-_-.�-;�,;' _ �_Fa`�"'•-"z"`-- — -z. �r---:= • PAGE -6- MAYAR Ai GCLASED THE PURLIC,HEARINC AT'-AJ A PA 1 W. "NEW PUSINESS A. I a) Council Member moved to read by title only and set July 20, 2004 as a public hearing date, proposed Ordinance'K . 862 abandoning" h6 South-30 fe fdf SoufWW 2`StreeTtWWeen 61h air d r Avenues - City Attomey.(Exhjt# 4), seconded by Council Member M b) , , Vote on motion .to -read. byc.titlee-only. VOTE YEA MAY ABSTAIN ABSENT KIRK %/ CHANDLER V x"Gm.. WAT�FORD DENO C) Attorney Cook read oFapc�sed��rdare N4. 862 by -tie only .as ..fc�llaws:.. ,�uAt� OSDIN�AA[CE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 20 STREET BEAN `ANB �4S REE9RBEB 1N PL*T 8001E Z PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORID`A; RETAINING A RIGHT OF nc och4iUr*; APvwAhcw nvta i ne ur i P t.r.cm i v Rcwnu , tic viumiANCEWTHEPUBUC RECORDS _OF_THE CLERK OF THE CIRCUIT COURT IN AND FOR OK ECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTNE DATE" 2. ay Council Member in moved to approve the first reading of proposed Ordinance No. 862; seconded by Council Member P-kt-3 b) Discussion. Dw - � II ow, t�.,p - I P C ILA P r,5 a''a SS-- Vt le way �n nQnt . Reed da r l-PQd L ii') _ Q) r P 1d 9 '�USI n3 -hod- sh" as d ecl .ca to . c) Vote on motion. .. YEA_ MAY ABSTAIN ABSENT KI R ✓ MA G M WAIFORDv WILLIAMS — lftk� I AADENIED ( / ��lu�f~��- /�y��-� �iQ ��^ » L�*�� _��.��n@"y-_-^�x `� 7� �^��K=��(*�°y~� '�LJ�/�� ate ^ -- -------` ---` ------`---- �---------------------------`�-- --- -�---` --�- --�- � r'�� --------- --- ---- --------------- '-- --�-------'- - --- - -- ------' � , � ~ � � , ' � ~ � . ��^ | � ` ' U ----------- C I incil Met ber--IDV-3- moved to approve AmenrimentNo-tof the nepartment of FnWromentaL------- - Protection Contract regarding the SE 4t' Street Boat Ramp Stormwater Retrofit Project. - Donnie (EMbl"), **w,,%JLdby- ounc-il ll'vilen,"ber—_C;�l cl P-r- ic - --' h d7� n I IL flD 0 C - - --- ----- ---------- YEA NAY ABSTAIN ABSENT C DLER --.--WAIFORD L/ MOTIO c DENIED � AGE -8- p. C. Council Member moved to award contract for Healthcare. -City Administrator (Exhibit 6); seconded by LM 9A - - Sc.�� . � �� - bid hQQ f�a�r�J r�m�oYQb1� . 00) NO r)j�s � vir, Ipc rc�_z, jqrn p, oy_cets.., r� n� pus .- �.s • S� 2e.__b� . 5 ".C�- �. - �spd ors. - _ _. - IC, of wo, �000 qu go (n C20 "OU C_ i n C ro Qse_ l an vlcu\ OU+ OP fOao ..�� 1 - �S �' . � �. a.e. ��Qn ,�U.�.ra 122- U �d ..�_.,. Y'er�rxc, ..� ��C��f _�.n • flue. _e��on -no r��ra.�. �dr�, 6u3 U-71 op ptcro _a u �a r ease ch ps4- L7o o I -le r.nQ Jp, M pp av- . � pd�l��- ��_,��,.��o��,c��'-1 �k�, .c�_�� .�aV� _ �� U�"nlq L AVA eooz�. hfj-1c)fbPj Au� c+ I W] 14JW b0#34, C CON JU pOL� - VM Q recaj � - Said 90flop Po Ot W )06e P)oq -C pot fia lo�lctr� -►�, re U)MP k Y - '�AASh P h n Ah c (A rt /)ey F �,r, QfiP_n- eMvly Mfg behyL czaysab�- KIRK CHMbLER L/ MARKHAM WATFORD ION: CARRIE DENIED PAGE -9- D. Consider request to purchase replacement breathing equipment for firefighters - Chief Smith (Exhibit f r-061 ahn un)P,55 -50,xv n /r-9d 6 - W-Idw --- - -- �.: �� - - - Jo S mosir' N� 171 bdV -- - -- ------- - ------ ----- - - III PAGE -10- E Consider request to increase Battalion Chief base pay t $37,836.41 -Chief-Smith, IeS5 IL Dw - S4 i 0 v WP M OJ rn�� ba-se, Pau, 1 0 GOO ct re 5 S -� at ds pcl � �sbn s p Ne �h � r.�. r �o__�-� �...� c�i �i c ..� 1'� �!?e rc�� D� n C\ mt)lt Vwr' 19S, P ra 0 !C�h for e- VfMm 5fep )0 hJnwaq� t -late pDsi 4.. - Ijog -, j nd t UtA UGI 1 M 6PS (a 5 CQMPS-)"� OA,- � Sfep 16, .0t)+ �nmj I PSY, as '601,6. - -. Or OC C n �� - I TuRr�, 'Lly) - M-4M'bj9 DPqr� Ynrwc) ja gl�. C,y . P� , IBC 3�� r�� . _ � I PAGE -1 1- ..y. F Council Member moved to appoint a voting delegate to this year's Florida Leagu of Cities Annual Conference - City IAdministrator(xN S); seconded by Council Mie hb r , WIT- - YEA 'WXY ABSTAIN CHANDLER U WA*ORD V WIk,UAMS MOTI CARRI DENIED r i PAGE -13- G Council Member moved to approve a Surety Bond Release of the Hanover Insurance --Company and approve AON Commercial Surety Services as its repiacemenTpertaining to Adelphia - — — City Attom_ y itExhU* gtseconded by Counctif Member -- - - - - - J C`. h YOU\ i erg SQC a- J / n ado).an_ SM SU k 65 1C, 40 V Q hP -.12-na— OU Pfroo tq f /(-P? 0 ---- -- - - Iffs - .r�-Q.Q !.t ors 09 Cn YEA MAY ABSTAIN ABSENT MOTION: CARRIED - DENIED a Co, T4etyl -COh5i&fati6) S��e panCl ls+itich l i��- S��id).,_��'9��r�� h Ctc (c Iv 1r_� 1':?� rd - �X�r°sS frrter�s �- � �v +0 C)tt �fus4 C- foo4e. vfQ blern_h'ir_n��'hbo�, �y,-, �!ove ip 5 s rje Q spa f,'oY� _ _ . �Qir,c� Qn l� da ov_Qr��UW �enera�vr ��'�� _on �c.►1r_ .� Ano�r l�U�l 0� clbsQ /Or C re e m u.l cn pp� M Air �►v� s�r Bch m c�� bp op-ebo it , PRed enb 119h, 367b '�urh�d Jame OPP Ov d 0 YA iWn3_�Q. Crc�x7t� P�UL�'P/�j.. 'dumps grvand . p,scvss ur),, Ud cuar-,, aP/�fti.�_to��4qtl/ Prctml- 1 Pd cq�'� sales an DL�71 �� o�D. �o sue, q9I3 a. t6w pn'ce bayd, i Me I h vn au qff o 5V 11 �r oaf ,_� _ dQ_ve��a! lava' . Ru-fhar1 ?4e ctno�r c? �pru;sa�. �'u-> t'r��e ttr»�. Zonac( rvr .CieCrose 1/-P, l�pv�isQ�l d D�s� � Sad �fXlf, 'Reasa� da �ce . 0 0 Qp VO)IJO M- �oodwil1 s �,�, now- . PAGE -1- CITrOF OKEECHOBEE - JUNE 15, 2004 - LAI7 t NCTL At:E1" RAND EN MINUTES I. w CALL TO ORDER- Mayor. Kirk. June 15. 2004, City Council Re uipr Meetina. (or 00 D.M. II. ORNING CEREMONIES: InY6wtion.aiven b�► Pastor 3 ,., I luu" .......Nazarene Church: Pledq�of 111. I11IAYOK tovun�,& Amu a i Are ok i i cw0A1%.c -"CiI C«rii: mayor James E.1h,_ Council Member Noel A. Chandler Council -Member Lowry--Markham.- Council Member .Dow ing.R. Watford, Jr_ .Council. Member Clayton,Williams City Attorney John R. Cook City Administrator Bill L. Veach Deputy Clerk Adriana Berry Secretary Kim Barnes Prawn# Absent c/' f IV. PRESENTATIONS AND PROCLAMATIONS_- Mayor. A. Recognize Glen Hodges for his 10 years of service to the City - _V. - -MINUTES_ City Clark. A. Council Member A) C- moved to dispense with the reading and approve the Summary of Action for the May 27, 2004 Joint Workshop (as amended) and the�Summary of Council Action for the June 1, 2004 Regular -Meeting -seconded by Council Member _._.._..__.._ .. ko �tSC�sS��ly VOTE' ►. -NAY._. ABSTAIN ...ABSENT - KIRK C1Iot,ER MAIRKHAM WATFORD "LLIAMS DENIED VI. ' WA1tl64#f - CkyAdmfnisbator A Council Member DLJ moved to approve the May 2004 Warrant Register in the amounts: Generaf rand two'hundred eighty eight thousand; sevenhuridred seventy -sigh doDars and sf*-nine cents ($288,778.69); Public Facility Improvement Fund three hundred eighty-nine dollars and sixty- nine cents($ 389.69); CDBG Grant Fund one thousand two hundred twenty-nine dollars and no cents ($1229.94}; Capital Proj®cts-(Vehiclea)seventeen thousand, two -hundred fifty dollars.and no cents ($17,250.00); Industrial Development Fund forty figs thousand, six dollars and fifty cents.($ 45,006.50); seconded by Council Member LJY\ - - -- - � �� ,� � • -��kfF "" ' - -- -- - ---- - - - - - PAGE -2- V079 YEA MAY ABSTAIN ABSENT C DLER HAM - - OBD - -- - ---- -- - - -- - - - - - - - -------- - ---- VVI� • - -- - __ --- ----- -- - - - Vil AGENDA - Mayor._ - Requests for the addition, deterral or withdrawal of items on today's agenda. r - - --- - 1.10) Coundl Member ��.� - moveCMu mad by WL6 u► ey vi vvuooJ O. J;r.al" I 40-.M0 of � 01 J;1 ,9 11 it --- --- Zoning Map from Single and Multiple Family to Heavy Commercial on Lots 3 and 4 of Blockl43, City oZ7keechobee, Application No. b4-q04-R, submitted by Donna Durand on behalt of the properfty - -- ownm Edward -and Carolyn Cridland -Citv Attorney,hibit 1); seconded b I Council Member --------- -- - -- -- - --- - - - ------ - - - - - ---- - b) Vote on motion to read by title only. AWSTIFIVIN ABMT - — -- - - -- -- - - - - --- - KIR ' UMPPIULCK HAM -1 A. ORD MOTION: CARRIE - DENIED c) Attorney Cook read proposed Ordinance No. 860 by title only as follows: "AN ORDINANCE OF THE 4-, ._ BYRQOM GACERTAINMCTWiA)WIIIMPARMUCARlYIWSC HELM. oFROM ZON/NGDISTRCTTQHEAVYCOMERClAL(CHIOZ'ON#*M MCT,AMENDINGTHEZOWNG -- - - - - k4iJA1/flllidli'i UL V, #NUVAAAUWitl AMJ*ILW'i S, SeVlckAk3fILi 10 AWAAke elli i VcMA 4 c 2. a)! Council Member l-\ moved to adopt proposed Ordinance No. 860 (Planning Board - - - - - - ;.-,.._ ; seconded -Council r Membe =��=#------- -- PuU;uwi I m tal its -and dtscasston.--- - ---- -- - ---- _--- - -- - - - - - -- -- L m-- -6j �_ ou � — — - - - — - - --- PAGE -3- VOTE YEA MAY ABSTAIN ABSENT CHANDLER WATFORD WILLIAMS MOTION: DENIED. PAGE -4- moved to read by title only proposed Ordinance No. 861 regarding an 13.11.4) Council Member amendment to s' ewaik construction and maintenance -City Aftomey (Exhibit 2); WM r motion read by tifle-ortly. .. . . ..... Vota on Vol' YEA MAY ABSTAIN ASSENT C---- -- - WAK: ORD WIL �!Alllll$ M0DENIED --Aftmey-Cook ma ice No 861 by, title only as f Uows- UN ORDINANCE OF THE ---- CITY OF OOECHOBEE AMENDING THE CITY 6Ob6, CHAPTER 40 STREETS AND MOPMENT %9wf&DFME.1w4w6F4w1."K%$q ARFJOW f, SECfM 464 DAMAGM GENERALLY, LAND 0 REGULATIONA CHAPTER78DEVELOPMENTSTANI)ARK SECTION 7"SIDEWALKSAND ------- -37) VMff ACCE33,-- AND APFE?W f: AMUMAt OF CONSTRUCTION AND AWN7EWJCEI FOR CITY STROM CHAPTER 0 ROADS AND STREETS; TECHMALREQUIRE EVT" s SECTION I.130&-WALKSTHEMQF,-TUPMME FOR DESIGN STAMM FOR iDEWALKCONSTRUCtION*PROWDEFOR iWNTEM4NCE; pROWDEFORNOMEOFCOMMENCEMENTOFCONSt$UC77ONACMnES,-PROWDEFOR ----- --- --- AM' M MR DAMAGE$; PROMMFOR SEVMBUJM-PROMUNG-T!W-AN--- 7 EFFECTIVEDATE" B.U) Council Merpber, L moved to adopt proposed Ordinance No. 861; seconded by Council - -- -------- b) Public comments and discussion. NQ Pwo 0 c) Vote on motion. --40ki -- - --YEk- NWf ABSTAIN -ABSENT-- - I CARRIED DENIED 0 • PAGE -5- C.1.a} Council MembermC)L&) moved to approve the final platting of Morgan Manor - Mark Troendle (Eoxhibft 3); seconded by Council Member Lei b) Discussion -� --&b hau2 f T)Aqb-r - nz 9Mfo wzz 3 0� iQL 01) (Jej- t"d(fi_LA _camVote on motion. - _YEA -MY,. ABSrAIN- ABSE T L KIRK ZMANDLER MARKHAM WA'i`FORD WILLIAMS MOTION: ucklcu 7�0777r'- SR. _ fYbr�n I�kirar. iirnf plaE- -- - I�`o.�,1ar - v Cm1c. Lies, —act r�¢� be, - .�. Cow - O.Q.Q �'1�u�. �.t oF-� m� tb U(D 0 PAGE -6- MAY OR WA CLOSED THE PUBLIC HEARING AT -P.M. D(. -IN 'BUSINESS moved t-o— A--IA;) Council Member read by title only and set July 20,2014 as a public hearing date, proposed Ordinance -No. $69 abandoning the South 30 W of-RolitheaW Street hetweerff and 1p- Avenues - City Attorney (EWkft 4); seconded by Council Member b) Vote on motion to read by title only. NAY...., ABSTAN ABSENT VJRK CHANDLER WArtFORD MOTTO ARRIE DENIED - — ---------- — c) Attorney C read proposed Ordin , ance No. 862 by title only as follows: "AN ORDINANCE CLOWW, VACATINGAW 9 THE SWFNII 30FEEF OPSOUTPOUT2' STREff BETWEEN 5TH AND 6M AVENUE, CITY OF OXEECHOBF.A AS RECORDED IN PLAT BOOK Z PAGE 4A, PUBUC RECORDA 0Xj*VWMji VUt* i Y, ftWOVA; ft i AnWhU A OdWt i Ut- --,--MERS(ON.-ANDDIRECVMG,7WEC4TTYCLERKTO RECORD 7WEORDINANCEIN TREPUSUC RECORDS OF THE CLERK OF THE CLRCLqT COURT IN AND FOR O&EECHOBEE COUNTY, FLOPJDA,-PROWDWGADRANEFFECnWakm�!---,--.-----.- -------- ----- 2.-#7Council Mem LM—moved lb appmve the first reading of proposed Ordinenee No.% seconded by Council Member Discussiq& 5-eST, W ha r (ow -doo�s It Wo (- M L*) uLL-A L23- uptL-A rc 5 a Yqtqgn motion. YEA --AMAIN ABSENT OTE DLER A ORD MOTION: ARRIED DENIED -- -_ --- - ---- - -- - Nor- 6 docurneffb+-aYI OLS --b Oho ins Pf 0 ��. — r�o+ �r�,i rec�n —cm� QDprt��ess W-$-1 ��" M2&n C-0,I) not o u� -ta dW hue'! V►CX,�.2: U(�J-bV�cX,�-e. -T-DDT be 1,10 -ves -fit pro PAGE -7- B. Council Member ©UD moved to approve Amendment No.1 of the Department of Enviromental Protection Contract regarding the SE 0 Street Boat Ramp Stormwater'Retrofit Project..- Donnie Robertson.Mt4t seconded by.Gouncil,Member ( 7 'S - CLOV 11 Wit _. r L C" �Clu,, 60 0A. LOAN n __I r .._ YEA .-MY....A&STM ABSENT KIRK -i "W"S ��' "'• � L�CIrfGLt t 74- PA r C. Council Member 10 S-1) moved to award contract for Healthcare. - City Administrator �(Ex seconded by 71 1C, S%p I. 4- --- -- ----- -OW., 6efnc ID/ � �- �-- Plc 1A_ -u 34A-,-. -1 nuyv x Ike Of ft(" Of—j")('�LUXA W r_ Ot-be 1 bs�__c� _ - _nn�t-__��__'o ,off_.__ � �,- - - -- .j ---- - - _- CAN 49 +-W f A --- -.YEA----NAY ---ABSTAK--MSENT-- WIL'TAMS MUIIUA: UAKMr.0 UC141W I M)a6 I I OD, CO nor °off Pam- l`�� C) aAA C haa�dn� �-hern � 00 Cz qeN OW cQ�,�e.d �- � PAGE -9- D. Consider request to purchase replacement breathing equipment for firefighters - Chief Smith (ExMWt I for IT) Oucd JD_ CO C&IwCL) PAGE -10- E Consider request to increase Battalion Chief base pay to $37,836.41 - Chief Smith Ll -band-_ ------ U-bur An Z4. --- ----- -ul - - ------- -- �h� ,�i,- - tom- _� -_ _ - PAGE -11- - — - _ F_ i' Council Member moved to appoint a voting delegate to this year's Florida League of Cities -- Annual J�nference -City Administrator (Exhibit 8); seconded by Council Member S t - - - - --------.- it - --- - ------------ ----- --_ -------- -_-- ---- -- - ---�FE�I---�14�f-- -,—ABSENT---- --- - _- ---- -- - - -- - - MOTION CARRIED DENIED PAGE -12- G Council Member moved to approve a Surety Bond Release of the Hanover Insurance Com an and i . p y � approve �40N G mmerc�'ai�Surety services its replacement per_tainin_g WpFiia = Pty AAmm-M&M 91 seconded by Counoil.Member 01 JUL, U/tU VOTE YEA NAY ABSTAIN ABSENT ii CHANDLER WATFORD I MUJAMS MOTION: CARRIED DENIED 0 , bull - � .�. �orhne�' �r�Pe�- f�PPraisaa tcoWain ou rr`n.u.Q.c.fn �Zd i�e4q� L M, appwi4&C, n akT M w&k +1 Qcs- zcne- "i esiev , Prei/ I ou-s &SCuSZ5 ( G" - Cow pport 0-ppraisca. AFFIDAVIT OF%LISHER OKEECHOBEE TIMES 106 S E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PI IRI IC N(')T'('F PO A 12ti2ti in the matter of CITY CYII INC-II MFFTINC. NnTIC-F CITY OF OKEECHOBEE 55 SE THIRD AVENUECXWCOL OKEECHOBEE, FL 34974-2932W, 941-763-33 72 6:Nra (Yry'HA SS SE Ud A R. 200, 0)oeeelwbee, Pb:ida.'The public is invited and' !n the Court, � t°"'�"d Fc` a 40py afthe agenda )7637J72 was published in said newspaper in the issues of �f 10/2004 x2f .,�Admmftstiaik ,; ox..., P. EASE'TAn NOTICE AND BE ADVJSED' Out ifi.e y person ;desires to Sp. P-L' dtic$t 'Miid by dta MY CotM wdh:espe1,t01'wW matter Mmdemi at thia aaatln fisl4mted pmaan.w0l:.d a reeaad'ottbe"Pr c=fi gi, an&fm such pm. POW MY nead'to ensure a vm%fhn mmd Affiant further says that the said Okeechobee Times is a newspaper Y of the is mode, whidt mwrd In. a .. ""�'°'�°•�' `.Zo at Okeechobee, in said Okeechobee County, Florida, andthat WV*,.vpublished said newspaper has heretofore been continuously published inwdh' said Okeechobee, Florida as a daily,week) or bi-weekly and has been Y, Y needMg spo-�l entered as second class mail matter at the post office in Okeechobee, P �.. p'�OiYpeOtnrtl� . � •t�.da do:dact lane Gnmotea, ,w In said Okeechobee County, Florida, for a period of one year next .• sdarmert&d. dyou are N preceding the first publication of the attached copy of advertisement; np-e !C%U-T `,.au. mD t eoa. and affiant further says that he has neither paid nor promised any 222 ) ar14804 3620`.(I M. i b7iLAWGAM1Off, .CMyLakrk ; person, firm or corporation any discount, rebate, commission or refund ES, for the purpose of securing this advertisement for publication in the said newspaper. U) fi,u'L'e� J. W. Owens, (Publisher) Sworn to and subscribed before me this I/)-Th day of t[ A. D. 2004 (SEAL) P�eG NOTARY 5 al O�PaV ROSEALEE A BREW N 1, COMMISSION NUMBER S� Q CC 940770 My COMMISSION EXPIRES FOF f\�O JUNE 25,2004 y Notary Public OF CITY OF OKEECHOBEE JUNE 15, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PACE 1 of 4 I. CALL TO ORDER - Mayor: June 15, 2004 City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Jim Hudson, Nazarene Church Pledge of Allegiance led by Mayor. Ill. 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. • A. Recognize Glen Hodges for 10 years of service with the City. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Action for the May 27, 2004 Joint Workshop and the Summary of Council Action for the June 1, 2004 Regular Meeting. .TUNE 15, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 4 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May Warrant Register. General Fund $288,778.69 Public Facility Improvement Fund 389.69 CDBG Grant Fund 1,229.00 Capital Projects (Vehicles) 17,250.00 Industrial Development Fund 45,006.50 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 860 amending the zoning map from Single and Multiple Family to Heavy Commercial on Lots 3 and 4 of Block 143, City of Okeechobee, Application No. 04-004-R, submitted by Donna Durand on behalf of the property owners, Edward and Carolyn Cridland - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 860 by title only. • 2.a) Motion to adopt proposed Ordinance No. 860 (Planning Board recommends approval). b) Public comments and discussion. c) Vote on motion. B.1.a) Motion to read by title only proposed Ordinance No. 861 regarding an amendment to sidewalk construction and maintenance -City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 861 by title only. JUNE 15, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. PUBLIC HEARING CONTINUED. B.2.a) Motion to adopt proposed Ordinance No. 861. b) Public comments and discussion. c) Vote on motion. C.1.a) Motion to approve the final platting of Morgan Manor - Mark Troendle (Exhibit 3). b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A.1.a) Motion to read by title only and set July 20, 2004 as a public hearing date for proposed Ordinance No. 862 abandoning the South 30 feet of Southeast 2"d Street between 61h and 71h Avenues - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. • c) City Attorney to read proposed ordinance by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 862. b) Discussion. c) Vote on motion. B. Motion to approve Amendment No.1 to the Department of Environmental Protection Contract regarding the SE 41h Street Boat Ramp Stormwater Retrofit (', Project - Donnie Robertson (Exhibit 5). JUNE 15, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS CONTINUED. C. Motion to award contract for healthcare - City Administrator (Exhibit 6). D. Consider a request to purchase replacement breathing equipment for the firefighters - Chief Smith (Exhibit 7). E. Consider a request to increase the Battalion Chief base pay to $37,836.41 - Chief Smith. • F. Motion to appoint a voting delegate to this year's Florida League of Cities Annual Conference - City Administrator (Exhibit 8). G. Motion to approve a Surety Bond Release of the Hanover Insurance Company and approve AON Commercial Surety Services as its replacement pertaining to Adelphia - City Attorney (Exhibit 9). 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. 0 E G\�y OF ' OK��G, ti Irk• �� m O 1915City of Okeechobee June 10, 2004 Mr. Glen Hodges 55 S. E. Third Avenue Okeechobee, Florida 34974 Dear Mr.46dges: The Mayor and City Council request the pleasure of your presence at the June 15, 2004 City Council meeting, for the purpose of recognizing your contributions to the City. The meeting begins at 6:00 p.m. and your presentation will be one of the first items on the agenda. Thank you for a job well done. Sincerely, Lane Gamiotea City Clerk LG/kb 55 S.E. Third Avenue • Okeechobee, Florida 34974-2903 • (863) 763-3372 • Fax: (863) 763-1686 rf; The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise ment, being a P" in the matter of (� C c in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of s: PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE J1SE JOKE NOTICE 1hfhe CIIryry Council of the City of Oke6chobee, i will 0 Tuesday. Jude 158°L004 at 8:00 tr•m. a as soon tltereAttar `• DATE. ..`''• �, ..,V'., is orp•�;f�ti, .-, bn CINN nbeeCo applMatWnFSudbrr�IUUed by Donna D rapd.by Edward and Caro - All memb l of the publicI a encouraged to attend and particlpais In said hearinge proposed Ordinance may be Inspected In ils ernlrety byy members of th public in the Office of the City Clerk during regular . F ness hours; MaR fill Sam 4:30pm, except forr holidays. PLEASE TAKE NOTICE ANI) BE ADVISED that If any person desires to appeal erry decision madb by the City Council with res eat to any matter considered at this hearing, such Interdsted person wiA need b record of the procsedngs,;and for such purpose may need to ensure a varbOm' i record of the proceedings Is, mad@ which record Includes the ffiatirgony and evidenpe upon which the appeal Is ip be based. City Clerk tape" are for" sole purpose of backup floorr oMicial records ofthe Clerk. Affiant further says that the said Okeechobee News is da statutes 256.26, persons wrm arsa0nnies raaran specret accom o- dallons to participate in this proceeding shouid'o Lane Gaml a newspaper published at Okeechobee, in said Okeechobee ° .no later, than two'(20) working days prior to the proceedingp e< 863- 63. Count Florida, and that said newspaper has heretofore been 3372' x215; It OW na d i Dice ,Impaired, •calf TOO 1-tw0 222-3448 Y+;'(voice) or i-888 44, 21 RM. published continuously in said Okeechobee County, Florida 'i' Wre Gamete$, CITY CLE K t " 478590 ON 6/4/04 each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first <. :— publication of the attached copy of advertisement; and affiant F7 `/ further says that she has neither paid nor promised any person, •akI` V'P firm or corporation an discount, rebate, commission or refund for the purpose of securing this advertise ent for publication in�(F the said newspaper. ✓/J m_ J � �:..' E ; := ' urn Sworn and s bscribed 4re me this LA day of / _ A.D. 20 1 vi�d kim 0't, kj(-�h �Df , 9.o ~� Notary Public, State of Florida at LargQo'0A Pus'. Karmen R. BrOwn Commission #DD272118 Expires: Jan 17, 2008 9jt of i-Al Bonded Thru Atlantic Bonding Co., Inc. t f� • • EXHIBIT 1 — .TUNE 15, 2004 AGENDA ORDINANCE NO. 860 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) AND RESIDENTIAL MULTIPLE FAMILY (RMF) ZONING DISTRICT TO HEAVY COMMERCIAL (CHV) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number: 402 in which a revised Official Zoning Map was adopted for said City; and WHEREAS, the owner of the property more particularly described hereafter, has heretofore filed a petition (Petition No. 04-004-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.50 acre(s) from Residential Single Family -One (RSF-1) and Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District and that this request be removed from the boundaries of the above mentioned zone to allow for the processing of the rezoning application; and WHEREAS, the City Council finds such rezoning consistent with the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW THEREFORE, 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. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: Lots 3, 4 and 5 of Block 143, Okeechobee, according to the plat thereof as recorded in Plat Book 1, Page 10 and Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Single Family -One and Residential Multiple Family (RMF) Zoning District to Heavy Commercial (CHV) Zoning District. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 1 of 2 SECTION 4. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 131 of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 151h day of June, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • F^ --= MEMORANDUM a1B15^ To: Mayor and Council From: Lane Gamiotea, City Clerk Subject: Ordinance No. 860/Rezoning No. 04-004-R Date: June 10, 2004 This is the final public hearing regarding Ordinance No. 860 to consider approving Rezoning Application No. 04-004-R. The application was submitted by Donna Durrand on behalf of the property owners, EdWO-rd and Carolyn Cridland. The request is to change the zoning on Lots 3, 4 and 5 of Block 143, City of Okeechobee Subdivision from RSF-1 and RMF to CHV. All fee's have been paid. • The ordinance was advertised in the Okeechobee News on June 4. • The Planning Board voted unanimously to recommend approval(May 25, 2004 Meeting). • Planning Staff is recommending approval. • The General Services Department mailed twenty-one courtesy notices to the surrounding property owners. There were some responses from surrounding owners. However, they did not state any objections after their questions or concerns were addressed by General Services Coordinator Vinson. • The property was posted with a sign advertising the request of the rezoning, dates and times of both the Planning Board and City Council public hearings. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. • • City of Okeechobee I Date: 99 L� 19U I0 L� Petition No. 04- 00 4 - R General Services Department Fee Paid4 F-)nnno Jurisdiction. PP) 55 S.E. 3" Avenue, Room 101 lst Hearing: I 5 I �� 2nd Hearing: 14�1 �04 �� Ok h b Fl 'd 34974 2903 eec o ee, or< a - Phone: (863) 763-3372, ext. 218 I Publication Dates: Fax: (863) 763-1686 I Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance ✓J Name of propertyowner(s): ��o,cl, Cat A Owner mailing address: 3c:Le t1. k, 3 r=d ��T�bee 3 qg-7 P P Name of applicant(s) if other than owner (state relationship): pJ uye r L I I Applicant mailing address: b 3`) S. E. `1 y"'h O �e. 3 y 9-7`) C A Name of contact person (state relationship): `�V ter, N T Contact person daytime phone(s): Lo 3 `A -1 Z. (a S Fax: ''4 (� -1 - Z,3 8 r7 ✓ Property address / directions to property: .3 oL. n 12 Indicate current use of property: S ny �c�M� l�am2 IDescribe improvements on property, including number/type of dwellings and whether occupied (if none, so state): jApproximate number of acres. \ I a qc,-Q- Is property in a platted subdivision? �-n;> P Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: �1 R O Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, P nature and applicant's name: E R Is a sale subject to this application being granted? yes T Y Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: y--Q-0 Describe adjoining land uses / improvements to the North: Ltl k-wr f� South: f cx0,c r,t 1. of East: \ �arr,e_ West:e�o-Py Cer\ter Cc /��i�e.e.l,ni�?P Existing zoning. 9-)t) Future Land Use classification: Actions Requested: L✓ Rezone () Special Exception (_) Variance Parcel Identification Number: 3 - 15 - 3`1 -�S coo i u o�430 -ooyo ✓ I Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary\ denial of this application. Signature Printed Name Date Uniform Land Use Application (rev 1/03) Page 1 of 2 Current zoning classification: -R) Mjf Requested zoning classification C f R What is your desired permitted use under the proposed classification: Z O N If granted, will the new zone be contiguous with a like zone? E Is a Special Exception necessary for your intended use? Variance? Describe the Special Exception sought: S P E C Provide specific LDR ordinance citation: I A L Are there other similar uses in the area? Is so, describe: E X C E Why would granting your request be in the best interest of the area and residents? P T I O If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe• E What is the minimum variance necessary? Uniform Land Use Application (rev 1/03) Page 2 of 2 • u Donna Durand 637 S.E. 74th Ave. Okeechobee, Fl. 34974 (863) 634-7268 Letter of Consent of Property April 28, 2004 Edward and Carolyn Cridland has consented for Donna Durand to apply for rezoning for 306 N.E. 3rd St. Okeechobee, Fl. 34972 on behalf of the property owners. Donna and Scott Durand will be purchasing this property when the paperwork becomes completed. Sincerely, % 4Z Edward Cridland Carolyn Cridland STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed befor me this Zq Day of/jj�'j I/ , 1X q .Personally known to me or produced as identification and did not take an bath. Notary Public -State of Florida ;�.►:^�., BRUCE FERRELL MY COMMISSION # DD288046 ;N. a EXPIRES February5.2008 or'i, Bonded Thru Western Surety Company Houn to: (moose sut.aoari uo stamped enyelope) 1 Edward G. Cridland f... ,504 S.W. 14 Court Okeechobee, Florida Thh Instrnmurt Prepared by, Natalie C. Harris d Aodnr.: 2399 S.W. 18 Avenue Fort Lauderdale, Florida 33315 Property ApprsWrs PtrcN I.D. (rolio) Number(s): 1��mtee(s) O A, �� apaa W4 nee Ut Post Pt10C=M DATA WARRANTY aaaa rMalY le. 10 �M DIY.O 17210 This Warranty Veed Tlndr the 5th day of Clyde K. Harris and Natalie C. Harris, his wife, hereinafter called the grantor, to FILED RgaRn 90 MA'? 15 P14 �: 5 CLERK OF.UliGiiT coli i f' ;atARY a1AMP'T -. ,;- • :,; P- ..rid.+, ,� 2 0 : ch A. D 19 90 by Edward G. Cridland and Carolyn Cridland, his wife, whose posioffire address is 504 SJ.r. 14 Court, Okeechobee, Florida hereinafter called the grantee swhr.r.rr u.rd nr.r,,, d,. .nd .peer IY.fe .n �hr wrs r .a.. rYw,rns ..d �hr hr, Ire 1 nV. r.e n,..,. r•" �d ra..,rn. �f end. �Ju.h, and Il,r ,wrr.w,r, .nd a•.rm slnrrorper.nom} lfditflMeth: Thal the s7rnntor, for and in consideration it/ the sum of $ 10.00 and other valuahle runs ideralion s, rereipt rnherrof is hereby acknowledged. hereby grnnls, bargains, sells, aliens. re- mists, releases. Conveys and confirms unto the granlre, all that certain land situate in County, Florida. viz Lot 4 and 5, Block 143, T01R1 OF OKEECHOBEE, according to the plat thereof recorded in the Plat Book 5, Page 5, Public Records of Okeechobee Count7? Florida. Subject to restrictions, reservations, covenants, and easements of records. This property does not constitute the homestead of the Grantors who reside at 2399 S.W. 18 Avenue, Fort LL-iderdale, Florida 33315 Together with ail the tenements, hereditamen(s and appurtenances thereto belonging or In any- wise appertaining. To Rase and to Mold, the some in fee simple forever Rnd the grantor hereby covenants with said grantee iitat the grantor is lawfully seized of eatd land in fee simple; that the grantor has Good right and lawful authority to sell and convey sold land: that the grantor hereby fully warrants the tale to sold land and will defend the same against the lawful claims of nil persons whomsoever; and that sold land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 89 In }Dienes 'Whereof, the said grantor has signed and sealed these presents the day and year (int above written. Signed. ealed anddeliveredI our presence - STATE OF Florida l COUNTY OF Broward S I HEREBY CERTIFY that on this day, before was. as officer duly authorised in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared Clyde K. Harris and Natalie C. Harris, his wife, to me knows, to be the person described in and who executed the foregoing instrument and they before Cur th,t they executed the ame. WITNESS my hiStd and"$fficiat seal in the County and State latt aforesaid this S •'�. iOIARY PUBLIC, STATM OF FLORIDA AT LAM: ::v CO'.2?ISSIO:i C::PILES: 3/10/9C Ul V 373 PACE 882 Paroel m N■mb.r: 3-15-37••35-0010-01430-0030 Grans. /I TR4: 265-42-9041 oe,m. R TB4: 265-60-2634 Warranty Deed This Indenture, Made this 22nd day of December , 1995 A.D. , Between JUAN SOLORZANO and YOLANDAi SOLORZANO, his wife, or the County or OKEECHOBEE state of Florida , grantors, and EDWARD G. CRIDLAND and CAROLYN CRIDLAND, his wife, whose address is; 306 N.E. 3RD STREET, OKEECHOBEE, Florida 34972 (if the County of OKEECHOBEE I state or Florida , grantees. Witnesseth that the GRANTORS, fnr and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - " - " " " ---------------------TEN & NO/100($10.00)----------------- •oow-o'Rs, and other good and valuable consideration to GRANTORS In hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold in the said GRANTEES and GRANTEES' heirs and assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE stag of Florida to wh: LOT 3, BLOCK 143, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBILC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1995. i FILED FOR RECORD OKEECHOSE1 G0.II. 218501 95DEC 28 PM 2: 13 SHARONROGERT5C'; CLERK OF CIRCUIT COtIl: Jotu }tar Iepspeld !n the ar,,oint of 5 d �-CCII ''Ierk of Circuit ft 1ptr, and the grantors do berth fuuy warrant the tide to said land, and will defend the same against lawful claims of all persons whomsoever In Witness f, gnnmrs have hereunto tit their hands and seals the day and year first above written. Signed, sealed d �6urce: / 94 ted ame: / Sy L E. LIPSCOMB XAN S�L RZANO (seal) Witn as to Both / P.O. Address 2242 N.W. 7TH STREET, OKEECHOBEE, FL 3497 . (Seal) Printed Name: SONSUN BURK OLANDA SOLO ANO Witness as to Both P.O. Addrsss 2242 N.W, 7TH STREET. OKEECHOBEH, FL 7497 STATE OF Florida COUNTY OF OKEECHOBEE The foregoing instrument was sckoowiedged before me this 22nd day of December , 19 95 by JUAN SOLORZANO and YOLANDO SOLORZANO, his wife, who us personally known to me or who have produced their DRIVERS LICENSE / 4 as Identification. This Docum.nt Prepared By: SUSIE IMISC'ON3 w OKE&TAICM TrrL8 CO. I 500 N.N. 6TH STWEET P.O. BOX 1211 NOTARY BLIC OKEECHOBEE FL 34973 My C 8apites: 8503 w " Donna Durand 637 S.E. 74th Ave. Okeechobee, Fl. 34974 (863) 467-2911 March 22, 2004 Letter of Consent of Property Edward and Carolyn Cridland has consented to sell their existing property at 306 N.E. 3rd St. Okeechobee, Fl. 34972, to Donna and Scott Durand. The agreement will take place upon the Cridland's fmdmg a new location to reside. Smcerely, Edward Cridland Carolyn Cndland I Ci% 1 PEGGY R. CREWSlMY COMMISSION # DD 005173 ✓ �� EXPIRES: May 9, 2005 J I J 1•800-3NOTARY FL NctaryService & Boning, Inc • • Donna Durand 637 S.E. 74' Ave. Okeechobee, Fl. 34974 To: Members of the Rezoning Board & City Council; April 23, 2004 I would like to submit this letter of interest to rezone the property at 306 N.E. 3rd St., to Heavy Commercial Use. This zoning would update the proposed future land use of this property for the city. My intended use of this property is to expand my current business of the Therapy Center Of Okeechobee, Inc. I plan to build a 5000sq.ft. building for expansion of occupational & physical therapy. I also, plan on incorporating a fitness center and lecture room and leasing out the remainder of the building. Thank You for your consideration! Sincerely, Donna Durand I Okeechobee County Property Appraiser - Interactive Record Search & GIS Mapping System - I i (-- I i �E G i i Uj nL Z Z Z LU > > > < < Ul i .. i Is Z wf- Z Z Z N.EA TH STREET !H 3-15-37-35-001 0-01 430-0040 N.E-3 RD STREET CRIDLAND EDWARD G & CAROLYN i ink 3tl tl 990 - $37,400 - VO LL 4� i Z Z Z UJ > > a !co < < t Z a Lul I 't LD C14 STREET w i=� �� Eli STATE ROAD 70 PARK STREET S- E. PARK STREET S-E-2 NO STREET ';R' perty Appraiser Web Site Design, Record Search & GIS Mapping Interface: Copyright 2001, by Grizzly logic, Inc. • 1375 Jacksatreet, Suite 206 Fort Myers, Florida 33901-2845 : Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a-,att.net Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Donna Durand Owner: Edward & Carolyn Cridland From: Residential Single Family & Residential Multi Family to Heavy Commercial Petition No. 04-004 R Staff Report Applicant: Donna Durand Rezoning Request Petition No. 04-004-R General Information Applicant: Applicant Address: Applicant Phone Number: Owner: Owner Address Future Land Use Map Classification Zoning District Use of Property Acreage Access Donna Durand 637 S.E. 74t' Avenue Okeechobee, FL 34974 863-634-7268 Edward & Carolyn Cridland 306 N.E. 3" Street Okeechobee, FL 34972 Commercial Residential Single Family & Residential Multi - Family Single Family Home 0.5 N.E 3i' Street Location: 306 N.E. 3`d Street Commercial Heavy Commercial Therapy Center 0.5 N.E. 3ru Street Legal Description: Lots 3, 4 and 5, Block 143, Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida The applicant would like to expand the current business of the Therapy Center of Okeechobee, Inc. The applicant plans to build a 5000 sq. ft. building for expansion of occupational & physical therapy, incorporating a fitness center and lecture room and leasing out the remainder of the building. Adjacent Future Land Use Map Classifications and Zoning Districts: North: Future Land Use Map Classification: Zoning District: Existing Land Use: East: Future Land Use Map Classification: Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Commercial Residential Single Family Church Multiple Family Residential Single Family Single Family Multiple Family Residential Multi -Family & Heavy Commercial {PAGE } Staff Report Rezoning Request West: • Existing Land Use: • Applicant: Donna Durand Petition No, 04-004-R Vacant & Office Building Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Residential Office The subject property consists of three lots (3, 4, &5) as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of "Commercial". The zoning districts are Residential Single Family and Residential Multi -Family. The surrounding existing uses are also mostly commercial except for the church to the North and the Single Family use to the East. The request to change the zoning will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. No, the proposed use is not contrary to the Comprehensive Plan requirements. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations Yes, the use is specifically authorized in the CHV zoning district under section 90- 282 (1). 3. The proposed use will not have an adverse effect on the public interest. The proposed use will cause no adverse effects to the public intrest. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of Commercial to the subject site. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. {PAGE } Staff Report Rezoning Request Applicant: Donna Durand Petition No. 04-004-R 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use can be suitably buffered and will have to meet city code requirements for site design, landscape and buffering. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The proposed use should not impact density patterns nor public facilities and services. The proposed use will be located in a district designed to accommodate such uses. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed use should be able to develop within the existing city code requirements and will not be inordinately burdened by any unnecessary restrictions. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Summary and Conclusions Prior to Certification The subject property is located in an area, which was developed with commercial uses. The proposed zoning and the proposed use are compatible with surrounding. uses and are consistent with the goals and policies of the city's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family and Residential Multi -Family to Heavy Commercial. Recommendation Staff recommends approval of the request to allow rezoning from Residential Single Family & Residential Multi -Family to Heavy Commercial. Submitted by: James G. LaRue, AICP Planning Consultant April 20, 2004 {PAGE } • • SURVEYORS REPORT AND BOUNDARY SURVEY LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST TALLAHASSEE MERIDIAN OKEECHOBEE COUNTY, FLORIDA DESCRIPTION FORMERLY NINTH STREET Lots 3, 4 and 5, Block 143, OKEECHOBEE, according Q NE 3RD STREET to the lot thereof as recorded in Plat Book 5, Page �0 RAW _ p 9 Z S90'00'00"'V S90'00'00"W BEARING BASIS _ 5, Public Records of Okeechobee County, Florida - - 66.02" - - �— - 150 03' - �- � Z 20' ASPHALT PAVEMENT Z J Q U' OO UN O O ��o O O IC SURVEYORS NOTES Subject to easements and restrictions of record _ N90'00'00'E 150.03' Lands described hereon not abstracted by this office 5 01•PM S0'P 550 PM Underground utilities and foundations are not shown O7 m FD 5/6' A I FD 5/8- IR A m �,, -- client and/or his/her agent � C o DP/UGHT p u _ Not valid without the signature and the -original raised_ _ _ = o n z- -- --- - - seamor_a rioriaa _iicensea surveyor-and�rlapper - - - - -- - - - _ - - I - - o B�PANK �n E- TANK �a _ The surveyor did not interview adjoining land owners m L� �� for unrecorded deeds or easements. _ 22.63' LJ I I coNC6 I BOAS' Elevations, if any, are based upon assumed datum -- - - -- - I ST = NrIlET LOCK C Lands shown hereon are in Flood Zone C, as scaled from RESIDE CE 9.96' FEMA FIRM panel no 120177 0200B, dated 2-4-81 r.66' zz.3a w m ,8.3D ~----------------- 6.68 4008'T� C - �,;F ,RFC SIRE __�7 EE lg� -_. -- - - - --r— -- - _ rT-� - - —______—_ - > _ — __—__ _ __ z _ - —_ .�T_--__ - - _ ` WG.DADOGIONONC - --- C CON __-_—_ 00 CONC I GREASE TRAP SURVEYORS CERTIFICATE LOT 6 SOT 5 LOT 4 LOT 3 o LOT 2 I hereby certify that the attached sketch of survey v SATEUTE of the hereon described property is true and _correct to the best of my knowledge and belief as surveyed b in the field under my direct supervision Subject to the qualifications noted hereon FD 5/8- A 0.60'E o coNc P FD 5/8- IR CERTIFIED TO ONLY THE FOLLOWING PARTIES. WM SCOTT DURAND 9 3A so P f DONNA DURAND BANK of AMERICA, N.A., ITS SUCCESSORS AND/OR ASSIGNS p UP� B so,'M so.00' so.a, M S89'55.59"W 150 02' 15' ALLEY (OPEN, NOT IMPROVED) es R 4lmond, PSM LAW OFFICE OF CASSELS & McCALL, INC. Professional Surveyor -Mapper ATTORNEYS TITLE INSURANCE FUND, INC ----- — - - — EM DIMENSION Florda Registration No LS5081 COMMONWEALTH LAND TITLE INSURANCE COMPANY DEED DIM DEED DIMENSION PLAT DIMENSION G = DDNDRETE MONUMENT JAM_ E_S R. ALMOND PSM PROFESSIONAL � AWA ni ieygyOR - �PPEi7 - G�d TANT —OKEECHOBEE, LOT � LOT 8 LOT 9 LOT 10 R IRON Rojo ,� A Cp WM WATERON R IYELEA�i IP1 ,I"NN WATER VALVE 2973 SW 3RD TERRACE FLORIDA 34974-2684 ® ® BLOCK 43 Up = unu POLE SPRINT - SPRINT Box L = ARC LENGTH TEL: (863) 467-5700 FAX: (863) 467-6121 OKEECHOBEE G = CENTRAL ANGLE RADIUS DISTANCE SCALE. EMAIL• almondOokeechobee.com FLDBK/PAGE REVISIONSI SURVEY DATE: APRIL 7, 2004 PS 5, PG 5 R SF - SODUA E FEET - 30' FILE OKEECHOBEE COUNTY, FLORIDA. Go`- FOUND" PROJECT No. 3992 I I INCH PB PLAT BOOK PG = PAGE _ `RECORDS BCGi I THIS BAR IS INTENDED TO MEASURE 1 INCH LONG AT THE SCALE MEASURES PREPARED FOR: S C 0 TT AND DONNA DURAND RAD = RADIAL NR - N01 RADIAL SHEET 1 OF 1 MAP Of BOUNDARY SURVEY G ON. D� G°IEF�'°mY AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-004-R. Consider a recommendation to the City Council to rezone the property located at 306 NE 3`d Street from Residential Single Family One (RSF 1) and Residential Multiple Family (RMF) to Heavy Commercial (CHV). Edward and Carolyn Cridland are the property owners, Donna Durrand is acting as agent on behalf of the property owner - Exhibit 1. 0 0 May 25, 2004 - Planning Board - Page 2 of 4 ACTION - DISCUSSION - VOTE Summary of Application: Edward and Carolyn Cridland are the property owners, Donna Durrand is the applicant. The applicant is requesting to change the existing zoning classification from Residential Single Family-1 and Residential Multiple Family to Heavy Commercial on lots 3 through 5 of Block 143, City of Okeechobee. Kelly Hill, representative of LaRue Planning and Management, briefly explained the Planning Report to the Board Members. Planning Staff Report Summary: The subject property consists of three lots as described in the attached survey. The lots have an existing single family home and have a Future Land Map classification of Commercial. The zoning of the property is Residential Single Family and Residential Multiple Family. The surrounding existing uses are also mostly commercial except for the church to the North and the Single Family use to the East. The requested change will make the zoning consistent with the Future Land Use classification and allow development that is compatible with the neighboring properties. Planning Staff Report Analysis: (1) The proposed use is not contrary to Comprehensive Plan requirements. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Yes, the use is specifically authorized in the CHV zoning district under section 90-282 (1). (3) The proposed use will not have an adverse effect on the public interest. (4) The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. Commercial zoning is appropriate given the proximity of Commercial to the subject site. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. The proposed use is compatible with the neighborhood and will not adversely affect property values or living conditions. (6) The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood and will have to meet City code requirements for site design, landscaping, and buffering. (7) The proposed use should not create a density pattern that would overburden public facilities such as, schools, streets, and utility services. The use is located in a district designed to accommodate such uses. (8) The proposed use will not create any inordinate traffic congestion or flooding not impact public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions, should be able to develop within the existing AGENDA IV. NEW BUSINESS, CONTINUED. Mav 25, 2004 - Planning Board - ACTION - DISCUSkON - VOTE 3 of 4 ai A. Rezoning Petition No. 04-004-R, continued. existing City code requirements. (10) The proposed change will not constitute a grant of special III privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusions Prior to Certification: The subject property is located in an area, which was developed with commercial uses. The proposed zoning and proposed use are compatible with surrounding uses and are consistent with the goals and policies of the City's Comprehensive Plan. Therefore based on the findings of this analysis, staff recommends approval of the request to change the zoning of the subject property from Residential Single Family and Residential Multiple Family to Heavy Commercial. Planning Staff Report Recommendation: Staff recommends approval of the request to allow rezoning from Residential Single Family and Residential Multiple Family to Heavy Commercial. There was no public comment. There was no discussion from the Board. Board Member Keller made a motion to recommend to City Council to approve Rezoning Petition No. 04-004-R, based on Planning Staff s recommendations; seconded by Board Member McCoy. VOTE CREECH - YEA HOOVER - YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. f� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, June 15, 2004'at 6:00 p.m, or as soon thereafter pp�ossible, at City Hall, 55 SE 3rd Ave., Okeechobeeeg, FL conduct a Pof the.folloUBLIC rdl- once)NG into lawn NO 861, AN ORDINANCE OFd thereafter consider final dTHE CITY OF KEE�OHO-1 BEE AMENDING THE CITY CODES, CHAPTER 46 STREETS AND SIDE-, WALKS. ARTICLE I. SECTION 46-3 DAMAGING GENERALLY: LAND OE- TICE OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES; PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR SEVERABIkIT,Y; PROVIDING FOR AN EFFECTIVE DATE., , x All members of the public are encouraged to attend And partcipate in said hearing. The proposed Ordinance may be inspected in its entirety byy members of the public In the Office of the City Clerk during regular buss- ness hours, Mon -Fri, 8am-4:30pm, except for holidays.. 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 hearing, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony .and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Nisability Act (ADA) and Flori- da Statutes 286.26, persons with disabilities needing special accommo- dations to participate in this proceeding should contact Lane Gamiotea no later than two (20) working days prior to the proceedin ' at 863-763-' 3372 x215; if hearing or voice impaired, call TOO 1-8U0-222-3448, Affiant further says that the said Okeechobee News is (voice) or 1-888-447-5620 (TiY). one Garmotea, a newspaper published at Okeechobee, in said Okeechobee 478657 ON 6/4/04CITY CLERK County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, IN, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant ..., .-- further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertise ent for publication in 0 the said newspaper. Sworn to and ubscribed ore me this day f -mil ), C1e -,I A.D. 20 Notary Public, State of Florida at Large4aen R, B1'OWIl '* Commission #DD272118 < Expires: Jan 17, 2008 Bonded T'hru Atlantic Bonding Co , Inc The 010chobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise meet, being a in the matter of \ \ C' C1Cl -�\ C� v r in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 9-0 • • EXHIBIT 2 - JUNE 15, 2004 AGENDA ORDINANCE NO. 861 AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING THE CITY CODES, CHAPTER 46 STREETS AND SIDEWALKS, ARTICLE I, SECTION 46-3 DAMAGING GENERALLY; LAND DEVELOPMENT REGULATIONS, CHAPTER 78 DEVELOPMENT STANDARDS, SECTION 78-36 SIDEWALKS AND PEDESTRIAN ACCESS; AND APPENDIX E MANUAL OF STANDARDS FOR DESIGN, CONSTRUCTION AND MAINTENANCE FOR CITY STREETS, CHAPTER 6 ROADS AND STREETS; TECHNICAL REQUIREMENTS, SECTION 1.13 SIDEWALKS THEREOF; TO PROVIDE FOR DESIGN STANDARDS FOR SIDEWALK CONSTRUCTION; PROVIDE FOR MAINTENANCE; PROVIDE FOR NOTICE OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES; PROVIDE FOR PENALTIES FOR DAMAGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee is responsible for the construction, maintenance and repair of city sidewalks dedicated or constructed for public use; and WHEREAS, it is in the interests of the City of Okeechobee to adopt a uniform design standard for sidewalks throughout the city, and to establish consistency within the city codes, land development regulations and construction and design standards; and WHEREAS, it is further in the interests of the City of Okeechobee to ensure that certain construction activities adjacent to city sidewalks does not cause damage to sidewalks, and to require landowners, contractors and others to notify the city in advance of such activities to minimize such damages; and WHEREAS, the City of Okeechobee intends to assess penalties to landowners, contractors and others who disregard required notice to the city and thereupon cause damages to sidewalks, so that the general funds of the city are not needlessly expended to repair damages caused by others; 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. Chapter 46, Article I, Section 46-3 is hereby rescinded, and in its place and stead, the following section is herein adopted: Sec. 46-3. Damaging generally. (1) It shall be unlawful for any person or entity to damage any portion of any of the sidewalks, or paved streets within the city, in any manner whatsoever, to the extent that such damage requires repair to return such sidewalk or paved street to its original condition. (2) Any business owner, homeowner, landlord or tenant, or the authorized agent thereof, who hires or retains the services of any person or entity to perform construction or maintenance activities on its premises, including but not limited to pouring of concrete; trimming of trees; performing septic tank service; garbage or refuse pick-up, or Page 1 of 3 services of this nature, which would require heavy trucks or equipment to travel over and across city sidewalks to perform such service(s), must notify the City Public Works Department of such intended activity, and its location, at least twenty-four (24) hours in advance of the activity. The City Public Works Department shall thereupon inspect the location prior to such construction or maintenance activity, and the person or entity, employing or using such service shall, at no expense to the city, cause the sidewalk to be adequately covered with plywood, dirt, or other covering so as to ensure that the truck or equipment traffic will not damage the sidewalk. (3) In the event such notice is not provided to the city as set forth herein, or if such notice is provided and the construction or maintenance activity should cause damage to city sidewalks, the business owner, homeowner, landlord or tenant, or authorized agent thereof, as well as the person, contractor or entity providing the construction or maintenance services, shall be jointly and severally liable to the City of Okeechobee for the expense of all reasonable repairs to a damaged sidewalk, as necessary to restore the sidewalk to its prior condition and in conformity with all applicable city codes. SECTION 2. Chapter 78, Section 78-36 thereof, land development regulations, shall be amended in the following respects: Sec. 78-36. Sidewalks, driveways, and pedestrian access. (a) When required. (1) All projects constructed in zoning districts set out in Section 90-71 of this code, except residential districts, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. (2) through (5) No changes. (6) In any area where the owner or developer constructs a driveway which extends to a City right-of-way, and which would cross or adjoin a city sidewalk, such driveway shall also be constructed of concrete or other material approved by the city. Additionally, such driveway shall be constructed in conformity with applicable sidewalk design standards to ensure that the portion of such driveway that may extend into a city right-of-way is constructed in a manner consistent with surrounding sidewalks. (7) The Technical Review Committee may, upon demonstration of undue hardship to, or existing circumstances beyond the control of the owner or developer, recommend to the City Council, approval of a deviation from these standards designed to alleviate such hardship. (b) Design standards. (1) Design standards of sidewalks and pedestrian ways shall conform to these regulations, and the Manual of Standards for Design, Page 2 of 3 • 0 Construction and Maintenance for City Streets of Appendix E, Chapter 6, herein, and as amended from time to time. (2) No change. SECTION 3. Appendix E to the Land Development Regulations, Manual of Standards for Design, Construction and Maintenance for City Steets, Chapter 6 thereof, is amended in the following respects: 1.13 Sidewalks. Sidewalks shall be Portland cement concrete, a minimum of six inches thick, and four feet wide, except along arterial roads where minimum width shall be five feet. (Remaining balance of Section 1.13 remains unchanged). SEVERABILITY. In the event any portion of this ordinance is amended, should be deemed to be unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. INTRODUCED for first reading and set for final public hearing on this 1St of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 161h day of June, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor May 25, 2004 - Land zy - Page 3 of 4 AGENDA IV. New Business, continued. A. Comprehensive Plan, Future Land Use Map Amendment Application No. 04-004- SSA, continued. B. LDR Amendment. Consider a recommendation to the City Council to amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36 - Exhibit 2. ACTION - DISCUSSION - VOTE VOTE CREECH - YEA HOOVER - YEA KELLER-YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. Agency Attorney, John Cook, explained a proposed LDR Amendment to the Agency Members. Public Works Director Robertson has indicated the need for the amendment by explaining that heavy vehicles drive over the City sidewalks causing them to crack or break and the City has to pay to repair them. Attorney Cook continued that this LDR Amendment will require that all sidewalks be constructed six inches thick rather than four inches, which is the existing standard. The Amendment also requires that the sidewalk be protected prior to driving over them, either with a mound of dirt or with plywood. Should a sidewalk be damaged the person responsible will be required to pay for the repairs. There was a brief discussion between the Agency Members and Attorney Cook. Agency Member Hoover moved to recommend that the City Council amend Chapter 78 of the Land Development Regulations specifically regarding sidewalk regulations, Section 78-36; seconded by Agency Member Keller. VOTE CREECH - YEA HOOVER -YEA KELLER-YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA WALKER - YEA MOTION CARRIED. 0 NOTICE: Mark Troendle, has filed a Final Plat Application with the Cityty of Okeechobee, Florida on behalf of the property owner, Daybreak Develop- ment, Inca. The PUBLIC HEARING will be held before the City Council on Tuesday, June 15, 2004 at 6:00 p.m. or as soon thereafter as possible, at City Hall, 55 S.E. 3rd Avenue, Room 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863)763-3372, extension 212. The proposed, project is a 15 lot gated Residential Single Family Subdivi- sion approxirrlately 8.857 acres,, located East of the intersection of South- east'100tthh Street and 9th Avenue, and more particularly described as: A par- cel of land lying in the Southeast 1/4 of Section 22, Township 37 South; Range 35 East, Okeechobee County, Florida, and being more particularly described as follows: Commence at the center of said Section 22 as marked with 4" x 4" concrete monument: thence South 0 degrees eleven feet twenty-nine inches West, along the East line of said Southeast 1/4 of Section 22. A distance of 815.25 feet, to the intersection with the South` Me of the lands described in O.R. Book 355, Pag(t 459, Public Records of" Okeechobee County, Florida, and the Point of Beginning; thence South 85 degrees fifty-one inches forty-six inches East along said South line, a dis- tance of 288.61 feet, to the Southeast comer of said lands; thence North 4 degrees 829 inches East, along the East line of said lands described in O.R. Book 355, page 459, a distance of 172.15 fet:, to the intersection with the North line of the South 1/2 of the Northwest ),'4 of the Southeast 114 of said Section 22; thence South 89 degrees 10 fest 34 inches East, along said North line a distance of 1042.87 feet, to the intersection .with the East line of said Northwest 1/4 of the Southeast 1/4 of said Section 22; thence South 0 degrees 40 feet 4 inches West, along said East line, a distance of 330,10 feet, to the intersection with the South line of said South 1/1 of the Northwest 1/4 of the Southeast 1/4, of said Section 22, thence North 89 degrees 10 feet 12 inches West, along said South line a distnace of 1339.83 feet, to the intersection with said East line of the Southeast 1/4 of Section 22; thence North 00 degrees 11 feet, 29 inches East, A distance of 174.80 feet,do the point of beginning. PLEASE TAKE NOTICE AND BE ADVISED that if an person desit6s ro ap. Affiant further says that the said Okeechobee News,is'. peal any decision made by the City Council with respet to anytnatter Ion- a newspaper published at Okeechobee, in said Okeechobee sidered at this hearing,•such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record County, Florida, and that said newspaper has heretofore bee of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to be based. City Clerk tapes are for -the published continuously in said Okeechobee County, Florid sole purpose of backup for official records of the Clerk. each week and has been entered as second class mail matter a 'In accordance with the Americans with Disability Act (ADA) and Florida the post office in Okeechobee, in said Okeechobee County Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later Florida, for a period of one year next preceding the firs than two (2) working days prior to the proceeding at (863)763-3372, ex- tension 215; if hearing or voice impaired, call TDDD 1-800-222-3448 publication of the attached copy of advertisement; and affian (voice) or 1-888-447-5620 (TM. further says that she has neither paid nor promised any person; Lane Gamiotea, CITY CLERK firm or corporation any discount, rebate, commission or refund 1 for the purpose of securing this a vertisement for publication in 476877-ON 2/15,25/oa the said newspaper. Sw to nd subs )bed before me this CA day of �-�VV�.��Q _ _ A.D. 20 The Okeehobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, i Okeechobee County, Florida; that the attached copy of advertise ment, being a �7c M\-, c . \—\e c-,_1=. �� in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Notary Public, State of Flo da at r � Y... - armen R. BI'OWI; ' = Commission 4DD272118 o� Expires: Jan 17, 2008 Bonded Thru Atlantic Bonding Co , tnc 05/13/2004 13:33 863763161e CITY OF OKEECHO10 EXHIBIT 3 ^- .TUNE 15, 2004 AGENDA City of Okeechobee 65 Southeast 3f6 Avenue Okeechobee, Florida 34974 Phone: (863) 763-3372 ext. 218 Fax: (W3) 763-16W Daa Reesived: ,F)� r%,q I �L Fes Paid: 'Mro, nni Preftiri" APProved on: Y-) 18` O Ll CC IYli A P P L I C A N T P R O P E R T Y Distributed to Clty staRRRC. Noticed Mailed: sign Posted: Publication Dates- 1 • Ad 2" Ad: Publlc Hearing Date: City Council Action: Final Signed Rawrds/Plata to Clarks O F": APPLICATION FOR FINAL PLATTING OR SUBDIVIDING PROPERTY ., ..., NAME OF PROJECT: Brentwood Estates ( Morgan Manor) NAme OF PROPERTY OwNER48): Mark Troendle ( for Jonas Morgan; Daybreak Dev. ) OwNER4e) MAILING ADDRESS: P.O. Box 2009, Okeechobee, FL 34973 OWNERS PHONE: 863-763-1053 FAx; 863-763-7788 NAME OF APPLICANT: Mark Troendle APPLICANT MAILING ADDRESS: P.O. Box 2009, Okeechobee, FL 34973 APPLICANTS PHONE: 863-634-7829 FAX: 863-763-7788 CONTACT PERSON: Mark Troenrll P CONTACT PERSONS PHONE: 863-634-7829 FAX: 863-763-7788 BNlEER: Loris Asmussen PHONE: 863-763-8546 ADDRESS: 410 N.E. 3 Street, Okeechobee, FL FAX: 863- SURVEYOR: James Almond PHONE: 863-467-5700 ADOREssI: 2"U.'ITpYYacP„ OkaPc-h�ji . - 3- FAX: RF 467-6121 _ DESCRIPTION OF PROJECT INCLUDINCI ALL PROPOSED USES: 8.8 ac site proposed for 15 lots NUMSER/DESCRIPTION OF PHASES: single phase LOCATION OFMNECTIONS TO THE PROJECT; east of intersection of S.E. 9 & S.E. 10 St. EXISTING IMPROVEMENTS ON PROPIERTY: Single Res. @ N.W. corner of site (TBD) 18 PROPOSED USE DIFFERENT FROM EXISTING OR PRIOR USE? YES No WA TOTAL LAND AREA IN SQUARE FEET: 385,811 OR ACRES: 8.857 acres EXISTING IMPERVIOUS 3URFACZ: 1200 SQUARE FEET ACRES n % OF SITE ADDITIONAL IMPERVIOUS SURFACE: 62, 243 SQUARE FEET ACRES % OF SITE PROPOSED TOTAL IMPERVIOUS SURFACE: 16.3% CURRENT ZoNwa: RSF Residential CURRENT FUTURE D USE: Residential ,.,.,,,....,.., CONFIRMATION OF INFORMATION ACCURACY um matey ni AsbM by a e oI uP tO SS = kFTvy*onnWN O up 100 30 dry+ and � r �i W M M* O/ tM: �0909* n* 04E fOt�! Signature Printed Name Date May 5, 2004 City of Okeechobee 55 SE 3' Avenue Okeechobee, FL 34974 To whom it may concern: Daybreak Development, Inc, A Florida Corporation is the property owner of the proposed subdivision Morgan Manor. Daybreak Development is owned by myself, Jonas Morgan. I, Jonas Morgan, authorize Mark Troendle to act as agent, and sign on behalf of me, in all regards to the Morgan Manor Subdivision/Platting Process, Jonas Morgan Daybreak Development, Inc. State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 5th day of May 2004 by Jonas Morgan;'who is personally known to me. Seal: Signature of Notary , r� , KATW VIW40N : MY COMMISSION # DD228546 g EXPIRES: July 1, 2007 / in, BW49d Tft NMW Pubbc Undow"M CAM110MOl S CamaUSA Awraisal System 5/13/2004 13:11 Propertaintenance Year T Property Sel 2004 R 2-22-37-35-OA00-00049-A0o,0,,,,, Owner DAYBREAK DEVELOPMENT„INC,,,,,,. Conf „ Address 3050 BISCAYNE, BLV,D , , ,SUITE. ,6A0.. , , . . , .. , , City,St MIAMI..,,,,,,,,,,,,,,,,FL Zip '3'3'137 Country , , , , , , , , , , , , , , , , , , , , , ( PUD1) ,0,1,0,0, • Okeechobee County 65250 Land 001 AG 000 28649 Bldg 001 1638 %fea 001 95537 TOTAL B 8.700 Total Acres Retain Cap? Renewal Notice N 11 1„ (PUD2) (PUD3) ,,,,,,, ApprBy 1,0,/,0,1,/,1,9,9,5, AppCode UseCd 0,0010,0, SINGLE FAMILY TxDist Nbad MktA ExCode Exemption/o TxCode Units Tp A5,0, 310 6 0 0. 0 0 ,3,1„ ACRE URBAN House# , , , , ,9.0.91 , , , Street SE„9,TH, , , , MD AVE„ Dir , , , # City .. , Subd , , , N/A Condo , , ...0,0, N/A SectI'll 22 T w n 37 Rnge 3,5, Subd Blk Lot Legals UNPLATTED LANDS OF THE CITY , , , N1,/,2 OF SE 1,/,4 OF NW 1,/,4 OF S,E, l,/,4 & N 1,/,2, O,F, SW, 1,/,4, ,O,F, NW, , , , .1,/,4, ,O,F, S,E 1,/,4 LESS W 50 FT & + Map# Mnt 12/17/2003 PATTYCAKE F1=Task F2=ExTx F3=Exit F4=Prompt F11=Docs F10=GoTo PGUP/PGDN F24 MoreReys INFO f PRINT.'-' Okeechobee county Property Appraiser - Interactive Record Search & GIS Mapping System S.E.8 TH coURT --5A9 TH SLTBE +.�' .1 � T i i _� S-E-1 1 TH STREET 2 S'F. 12 TH ST T operty Appraiser Web Site Design, Record Search & GIS Mapping Interface: Copyright 2001, by Grizzly Logic. Inc. I I F- z-22-37-35-OAOO-00049-AOOWO DAYBREAK DEVELOPMENT INC 92512003 - $146,000 - I" DECLARATION OF PROTECTIVE COVENANTS In order to preserve the values of Brentwood Estates, the following provisions shall be enforced to the Property: 1. SINGLE FAMILY. Each lot or unit shall be used as a residence for a single- family occupancy only and for no other purpose. 2. CONSTRUCTION PLANS. The developer or Homeowner's Association must approve all construction plans. 3. LIVING AREA. Each dwelling unit constructed on a lot shall have no less than 1600 square feet of air conditioned living area under roof, exclusive of porches and garages and a total area of not less than 2000 square feet under roof. All plans, including exterior colors, shall be reviewed and receive the written approval of the Developer or the HOA prior to the commencement of construction. 4. HOMEOWNER'S ASSOCIATION. Every owner of a lot shall automatically be a Member of the Association; membership shall be appurtenant to any may not be separated from the ownership of a lot or unit. All owners shall be entitled to one vote and one vote only, for each lot or unit that they own. Those residential units, which straddle two (2) lots, shall be considered one unit for purposes of membership and voting. 5. BUSINESS. No business shall be conducted in any residence unless it is considered to be a Home Occupation as defined by the Okeechobee County Ordinance and has the written approval of the Association. 6. FENCES. Fences and Walls. No fence or privacy wall may be constructed on a lot without the prior approval of the Homeowner's Assoc. or developer. If any owner desires to construct a fence or privacy wall on his lot, the owner shall submit a plan to the HOA showing the proposed location of the fence or privacy wall upon the lot. 7. POST LIGHT. Each residential unit shall have and maintain a post -style front yard light of the type and appearance approved by the HOA or the developer. The light shall be photocell -controlled for duck to dawn operation with light bulbs of a type and wattage approved by the HOA or developer being promptly replaced where necessary. Electrical power shall be available to the post light at all times. 8. SIGNS. No signs may be displayed on a lot in the subdivision with out prior written approval of the HOA or developer. 9. GARBAGE. No garbage, trash, refuse or rubbish shall be deposited, dumped or kept upon any part of the property except in closed containers or other garbage collection facilities deemed suitable by the HOA or developer, or appropriate governmental authority for curb side pickup and shall not be placed at the curb no sooner than 5:00p.m. on the day before the scheduled pickup. All containers and other garbage collection facilities shall be screened from view from outside the lot upon which they are located and kept in a clean condition with no noxious or offensive odors emanating from them. 10. RADIO EQUIPMENT. No ham radios or radio transmission equipment shall be operated or permitted to be operated in the property, if the same would interfere with TV, radio, or other electronic uses by others. 11. TEMPORARY BULDINGS. No tents, trailers, shacks or other temporary buildings or structures shall be constructed or otherwise placed within Brentwood except in connection with construction, development or sales activities permitted under this Declaration or with the prior written consent of the HOA or developer. 12. DETACHED BUILDINGS. No detached buildings shall be permitted on any lot in the subdivision without the prior consent and approval of the HOA or developer. 13. REPAIRS. Each owner shall, at his own expense, repair his residence, keeping the same in a condition comparable to its original condition, normal wear and tear excepted. 14. OUTSIDE STORAGE OF PERSONAL PROPERTY. All personal property of Brentwood residents shall be kept inside the dwelling units or a fenced or a walled -in yard, except for patio furniture and accessories, and other personal property commonly kept outside, which must be kept in the rear of the lot and must be neat appearing, maintained in good condition, and screened from any road. 15. AESTHETIC COMPATIBILITY. Subject to the exemptions afforded the developer, below, all new construction or exterior remodeling shall be reviewed by the developer prior to commencement of construction. No changes shall be made to the exterior physical appearance of a structure, including color changes, without the prior consent of the HOA or developer. 16. COMPLIANCE WITH GOVERNMENTAL AND OTHER REQUIREMENTS. In addition to any required approval of the Developer or HOA, any improvements on a lot must be in compliance with all requirements of governmental entities having jurisdiction with respect to the property, including, if required, obtaining appropriate building permits, maintaining South Florida Water Management perimeter burm, etc. MEMO To: Mayor, City Council Members and Administrator Veach From: Oscar Bermudez, City Engineer Date: June 10, 2004 Subject: Brentwood Estates Upon reviewing the Final Plat for Brentwood Estates, I noticed that the sidewalk and sidewalk detail were not shown on the drawings. I then contacted Loris Asmussen, project Engineer, and requested that he submit a revised drawing to show the proposed sidewalk location and the sidewalk detail. He did submit a revised drawing for the file, the drawing showed the required proposed sidewalk and sidewalk detail. This information is not shown on the copies provided for you, however they will be shown on the final signed and sealed mylar provided to the City for the official records. 1375 Jack Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a,att.net Staff Report- Final Plat Review PYTared for • The City of Okeechobee Applicant: Mark Troendle Staff Report Site Plan Review Applicant's Name: Mark Troendle iGeneral Information Owner: Daybreak Development Applicant: Mark Troendle Applicant Address: P.O. Box 2009 Okeechobee, FL 34973 Applicant Phone Number: 863-763-7829 Legal Description of SubjectProperty: parcel of land lying in the Southeast 1/4 of Section 22, Township 37 South Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Commence at the center of said section 22 as marked with 4" x 4" concrete monument; thence S 00'11'29" W, along the East line of said SE 1/4 of section 22, a distance of 815.25 feet, to the intersection with the South line of the lands described in O.R. Book 355, Page 459, Public Records of Okeechobee County, Florida, and the Point of Beginning; thence S 85°51'46" E along said South line, a distance of 288.81 feet, to the Southeast corner of said lands; thence N 04°08'29" E, along the East line of said lands described in O.R. Book 355, Page 459, a distance of 172.15 feet, to the intersection with the North line of the South 1/2 of the NW 1/4 of the SE 1/4 of said section 22; thence S 89°10'34" E, along said North line, a distance of 1042.87 feet, to the intersection with the East line of said NW 1/4 of the SE 1/4 of said section 22; thence S 00°40'04" W, along said East line, a distance of 330.10 feet, to the intersections with the south line of said south 1/2 of the NW 1/4 of the SE 1/4 of said Section 22; thence N 89° 10' 12" W, along said South line, a distance of 1339.83 feet, to the intersection with said east line of the SE 1/4 of section 22; thence N 00°11'29" E, a distance of 174.80 feet, to the point of beginning. Discussion and Recommendation I This is a final plat review for Brentwood Estates (Morgan Manor). Previously, staff had been concerned about several final plat items. (see enclosed memo). The final plat shows that items 1, 2, 4, 5 and 7 have been taken care of. The City Engineer can address the priority of sidewalks. In conclusion, the planning items seem to have been rectified. Submitted by: James G. LaRue, AICP Planning Consultant June 8, 2004 Page -(PAGE )- -- '---'- LA4 OF • PLAT BOOK • , PAGE BRENTWOOD ESTATES SHEET, OF 1 NV, b � m o EDHO A PARCEL OF UNDD L 'YEN � Oa �-- GAF � ASSUWD�IVDED�LAN S� � HHF% � WE°F CRfH1NSTANLTS RE SIRPIAMED N AUDIORITY BY NTY OILIER GRAPHIC DR 0I/ M /^/^/ M M M scum, M lS tip /`�� SEC�T60H 229 70 L17me op �37 scu ll ll L9 �Qmw �35, E&ST O OICffK NORM ON 171E PUT, iN[PE MAY 9E ANWNDONAL RE57AK:710NS TINT RECORDS Di�CQaRY. PUT 7N,,T M.Y lE iaND N,tIE PVBl1C � ULTL�AG�IL6,15 B SEE nMdEPOD0Aa 8CAL@. r . ea LAO OKEECHOBEE COUMv9 FLOROD& LEGEND o' ev 120' My 24(Y CC�OTY 00 F OKEECHOBEE ECCnCzl00 o EE p . SET ROUND 4' CONCRETE MON MERT WITH 5/B' ON ROD LDS 50091 PLASM".* SET roR� 'A`M°"D W � I I � I ; I Z I SE 9TH COURT Ld � I Q I � � I m W (n W i I m ,=R1 OKEECHOBEE ESL TES PLAT BOOK 3, PAS 20 I I L ARCH 'On, LANDSCAPE vp L 43'S: 4 n R 1 50.0t, SE LOTH STREET p= 03'01'36' R - 100.00' - CH - S89.19'00'W 5.28' ; L = 5.28' SE 11TH STREET �g I O. _589'10'34•E__- 299.70' NOT INCLUDED NOT PLATTED A - 4713'58' R = 75.00' / L 61.83' p - 47*13'58" R - 100.00' L - 82.44' 288.81, TDT.at I 130.02' I I I I � � I LO 0.s 5o Ng 1, -.4LOT 14 Inn 0.43 AC N $'° C _'°' -1 p = 36'20'04' n v~i I I I I R- 125.00' I R II 4 Nr l I L- 7927' A ---TMn^---- -' P, - -- - 223.82' - Al 'N' Y �S � �85'S7'46'E p � \00: �, NOT PLATTED NOT PLATTED ' NORM LIME OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF l I SECTION 22-37-35 �J l { I I LOT 13 0.50 AC I � I I I I I L------- 1042.87' I I I I I I I LOT 12 � • I LOT 11 � -1 a 0.50 AC 0.50 AC b I 1 ; P. I I I I I I I - _ -TO _ _ _ 589' 10'34"E SE 10TH STREET 834.70' - -- 60,�- -- \ 22J.82--_�'_--+�-�j2•�` -' / G - 38'25'22� .•`�-_- 1yT,", _-_ - f ---�"" -1 f---- _-_155SS -1 F- `� DO 47'13'S8" l r-'^-•�L2'--_- ' $ 39'17'33'- �I�• ' R - 50.00' L - 41.22' { b1 p - 02'26'3T R - 125.00' ` I R - 125.00' 1"„ L - 85.72• LOT 4 q LOT 5 - LOT A = 43.5532" L 75 "11 L - 5.33' 3 0.50 AC C 0.50 AC 0.50 AC - 57.50' � $41 o0T AC AC OT AC � 0.5T 52 AC I I I I I I I I I i Z 198.79' I _ 151.08•.. i 182.56' i T FF M' I I . �. ,,,,• I I . __ __. �1 \p - 40'S3'56' - \PARCEL B CH-1s06'7''21'14'W 69.88' 1 LANDSCAPE BUFFER L - 71.38' 1 DESCRIPTION A PARCEL OF LAND LYING N THE SWIMElST 1/4 OF SECTION 22. TOWNSHIP 37 SOUTH RANGE 35 EAST, OKEE(HNOBFE COUNTY FLORIDA MID BEWD MORE PARTICULARLY DESCRIBED AS FOLLOWS: NDFTH 1/2 OF THE SOUTH 1/2 OF THE NW 1/4 OF THE SE 1/4 OF NOT PLATTED ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF OKEECHOBEE SUM ME THE UNDERSIGNED AS DER9fYlDAS TARPPUBPRESIDENTLIC. PERSONALLY APPEARED DAYBREAK DEVELOPMENT, INC., A FLORIDA CORPORATION, TO ME PERSONALLY KNOWN AND KNOWN BY ME TO BE THE IDMDLIAL DESCRIBED N AND WHO EECCUTED THE FOREGOING DEDICATION AND HE ACKNOWLEDGED BEFORE ME THAT HE IDSCUIED THE SAME Ir APTNESS MY µQ%) AND OFFICIAL SEAL AT OKEECHOBEE COUNTY. FLORIDA THIS DAY OF 2004. NOTARY PWUC• STATE OF FLORA AT LARGE 22t.39' , , IL 74.28' i LOT 10 0.50 AC � LOT 9 p - sa5a•4o• ,'E' R - 48.00' / / 0.50 /� �A L - 49.33 <� A - 91'59'30' o $ yy1H T- \ R - 48.00' \L - 77,07' 5 >X -------. �RgoroD'aa'E-wmal-- r--,32.DZ.---- /A - 89'56'27" r___--. / R - 48.00' 1 Ip = 56'22'49-- �/ L - 75.35' I I R = 48.00' \ <\ F L = 47.23' \ D LOT 8 6 LOT 7 0.51 AC 0.49 AC I I 1 I \ \ TITLE CERTIFICATION STATE OF FLORIDA COARITY OF OKEECHOBEE 1, ATTO R EY-AT-LAW AU1 mam TO PRACTICE N THE STATE OF FLORIDN, 00 HERESY CERTIFY THAT 1 HAVE EKAMNED THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, ROMA. MID FIND THAT THE TITLE TO THE LINOS DESCRIBED AS FOLLOWS: A PARCEL OF LAD LYING IN THE SOUTHEAST 1/4 OF SECTION 22, TOWNSHIP 37 SOUTH RANGE 35 EAST. OKEECHOBEE COLNTY, 960, AND BONG MORE PAROCIRARLY DESCRIBED AS FOUJOWS: '12' 2 8 IRON ROD WITH SET (MONUMENT) Q - CENILRUNE R/W - rAW_OF-NAY _MORE DR LE55 U E _ MLTY EASEIIM DJ.. DRAINAGE EASEIOrt p - CENTRAL ANGLE R - RADIUS L - ARC LOOM CH - DRAINAGE EASDAEIT AC - ACRES MR - NOT RADIAL NOT PLATTED SURVEYORS NOTES 1. THE BEA M NEWTON ARE SAM UPON AN ASSUMED -FARING OF S 0011'29' W, ALONG THE WEST LIE OF THE 9E 1/4 OF SECTION 22. TOWNSHIP 37 SOUTH, RANGE 35 EAST, 2 UTILITY OESENENIS SHOWN HEREON SHALL ALSO WE FOR THE CONSTRUCTION. MNMENAMCE AID OPERATION OF " W 7FLENSImN 9DWICES, PRONGED HOWEVER. NO MUCH CONSTRUC%N, NSUllAt10N AND OPFAMKN OF oAeLE iELEVSION SORRX.S SHALL NTFAFFAE WITH THE FACILITIES AND SEANCES OF E INC, iDDPNNtNC lMS OR OMER PUMAD UBIJTY. N THE EVENT A OWE TELEVISION tIOYPAHY DAYMOES THE iACRA1E5 OF A PUBLIC UTILITY. IT $HALL WE SOLELY RESPONSIBLE FOR TIE DAMAGES. ACCEPTANCE BY OKEECHOBEE CITY COMMISSION STATE OF FLORIDA COUNTY OF OKEECHOBEE IT IS HFAEBY fE41FE.D THAT THIS PUT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY TIE tNCfECF/CBFE Cf11' COMMISBLON FOR THE CITY OF OKEECHOBEE. APPROVAL OF TW5 PUT FOR RECORDING DOES NOT CONSTITUTE ACCEPTANCE FORS' MMNTONAH OCr t NTMHER FEATURES DEPCTEDNO1PLAREGAAOLESS of iMf]R DEDIOMdION. No DEVF3DPMDT RIGHTS ARE GRANTED SOLELY BY THE E%EDURON AND RECORDING OF THIS PUT. ALL PURCHASERS ARE RESPONSIBLE FOR OBTAINING ANY NECESSARY STATE OR LOCAL PERMITS MILL LKXRlSES PRIOR ILO DEVO.OPMEJR. APPROVED: CHAIRMAN, CITY COMMISSIONERS DATE DEDICATION PRINTED NAME OF NOTARY PUBLIC BEGINNING. - STATE OF FLORA COMMISSION NUMBER EXPIRES S VESTED N THE NAME OF DAYBREAK DEVELOPMENT, INC., A FLORIDA CORPORATRN, AND THAT COUNTY OF OKEECHOBEE THERE S NO MORTGAGE, AND THE TAKES FOR THE CURRENT TAX YEAR HAVE NOT KNOW ALL MEN BY THESE PRESENTS THAT DAYBREAK DEMOPLENT, INC.'A KENPAID. am An HOT YET DUE. CERTIFICATE OF RECORDING FLORIDA CORPORATION, OWNER OF THE LANDS SHOWN MEAEM. BEING N SURVEYORS CERTIFICATE SWTIOW 22, TOWNSHIP 37 SOUTH, RANK 35 EAST, OKEECHOBEE COUNTY OF OKEECHOBEE SHOWN HEREON AS BREMWOOD ESUTEM, HAS CAUSED THE SAME TO WE STATE OF FLORIDA STATEFLORIDA a: SUTNEYFD AND PUTTED AS SHHOWN NEIIEON ANO ODES HEREBY DEDICATE AS FOLLOWS COUNTY a OKEECHOBEE I. SHARON ROBE U". CLERK OF CIRCUIT COURT. DO HEREBY COMFY THAT TARS PUT 1. THE DRAINAGE EASEMENTS. AS SHOWN HEREON, ARE NER®Y DEDICATED IN TPMPARFD UNOEA My DIRECT SUPERVISION AND OMM THAT THE THE UT N D. CISSFLS. ATTORNEY -AT -UAW RATE WAS FILED FOR RECORD ON THE DAY OF 2004, IN PUT . PERPETUITY FOR DRAINAGE PURPOSES. THE MAINTENANCE OF ALL. DRAINAGE FACIUTES LOCATED THEREIN SMALL BE THE PERPETUAL MAINTENANCE COMPLIES WITH AL rHE SUINEY REOUk1EMENTM OF CKwm 177, PART 1, OF THE STATUTES OF THE STATE OF FLORIN BOOK PAGE OBLIGATION OF THE OWNERS OF THE LOTS PUTTED HEREIN. WITHOUT RECOURSE TO OKEECHOBEE COUNTY. 2. THE UIriITY EASEMENTS AS SHOWN HEREON ARE HEREBY DEDICATED N PERPEMTY FOR THE CHMSIMICIION, MAINIERAICE AND LIC OPERATION OF PUB JAPES R. ALMOND, PSM CERTIFICATE OF REVIEW SHARON ROBERrsoN Ui. ILITI UIMM EASEMENTS SALL ALSO BE FOR THE CONSTRUCTION, PROFESSIONAL SURVEYOR AND MAPPER NUMBER 501OON N ACCORDANCE WITH CHIIPTFR 177.OB1 FLORIDAFIORIM SUTHES, THIS PUT WAS OF CIRCM COURT MAINTENANCE AND OPERATION OF CABLE TO.ENSDN SFJNICES, FRONDED 2973 SW 3RD TERRACE. OKEECHOBFE, FLORDA 34074 REVIEWED FOR CONFORMANCE wIM GUPTFR 177, PMf 1, FLDRIOA STATURES. A HOWEVER. NO SUCH COFSMUC110N. INSTALLATION AND OPERATION OF GABLE WHILE BANDEAU CHECKS OF GEOMETRIC MTA SHOWN HEREON WFAE PERFORMED, TELEVISION SERVICES STALL INTERFERE WITH THE FACILITIES NO SERVICES OF ELECTRIC. TELEPINONF GAS OR OTHER PUBLIC HIM. N THE EVENT A GABLE !D RFPRESEIA7ION HAS BEEN MADE 70 TINE VOIFICATON OF TIE DATA SHOWN HEREON. TELEVISION COMPANY DAMAGES THE FACILITIES OF A PUBLIC UTILITY, T SHALL . BE SOLELY RESPONSIBLE FOR THE DAMAGES. REVIEWED BY: PRINT M E _THIS COA%MQ,IT WAB p4w*m, IN 7m q."= OF N WITNESS WIEREOi, THE SAIDHAS CASED THNESE PIRSENTM TO JAMES R. ALMOND, PSM D ITS CORPORATE BE SIGNED BY TB PRESIDENT TH ITS CORPORATE SEAL TO OR TH HERETODAY OF THE AUTHORITY OF SAID um aw"Ir m IiA>wOl, OF 2004. ATTEST: CO"ImTAMT 260HOBEE FLORIDA UCESE NO. O10EL MANDA 34074-2B84 FWNm (BB3) 21_11700 FmN (111163) 467-0121 WTN PRESIDENT • 1375 JackoeStreet, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(a:Datt.net Staff Report -Final Plat Review Prepared for: The City of Okeechobee Applicant: Mark Troendle Staff Report Site Plan Review Applicant's Name: Mark Troendle General Information Owner: Daybreak Development Applicant: Mark Troendle Applicant Address: P.O. Box 2009 Okeechobee, FL 34973 Applicant Phone Number: 863-763-7829 Legal -Description. - Property: parcel of land lying in the Southeast 1/4 of Section 22, Township 37 South Range 35 East, Okeechobee County, Florida and being more particularly described as follows: Commence at the center of said section 22 as marked with 4" x 4" concrete monument; thence S 0091'29" W, along the East line of said SE 1/4 of section 22, a distance of 815.25 feet, to the intersection with the South line of the lands described in O.R. Book 355, Page 459, Public Records of Okeechobee County, Florida, and the Point of Beginning; thence S 85°51'46" E along said South line, a distance of 288.81 feet, to the Southeast corner of said lands; thence N 04°08'29" E, along the East line of said lands described in O.R. Book 355, Page 459, a distance of 172.15 feet, to the intersection with the North line of the South 1/2 of the NW 1/4 of the SE 1/4 of said section 22; thence S 89°10'34" E, along said North line, a distance of 1042.87 feet, to the intersection with the East line of said NW 1/4 of the SE 1/4 of said section 22; thence S 00°40'04" W, along said East line, a distance of 330.10 feet, to the intersections with the south line of said south 1/2 of the NW 1/4 of the SE 1/4 of said Section 22; thence N 89°10'12" W, along said South line, a distance of 1339.83 feet, to the intersection with said east line of the SE 1/4 of section 22; thence N 00°11'29" E, a distance of 174.80 feet, to the point of beginning. ,Discussion and Recornmendabon This is a final plat review for Brentwood Estates (Morgan Manor). Previously, staff had been concerned about several final plat items. (see enclosed memo). The final plat shows that items 1, 2, 4, 5 and 7 have been taken care of. The City Engineer can address the priority of sidewalks. In conclusion, the planning items seem to have been rectified. Submitted by: James G. LaRue, AICP Planning Consultant June 8, 2004 Page -(PAGE )- • • EXHIBIT 4 ^- JUNE 15, 2004 AGENDA ORDINANCE NO. 862 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF SOUTHEAST 2NQ STREET BETWEEN 5TH AND 6 .. AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RETAINING A RIGHT OF REVERSION; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE iN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a Street Closing Application (No. 72) from Gary Eubanks for the closing of a portion of a certain right-of-way as described in this ordinance to utilize the entire property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, be it ordained by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of the 100 foot wide right-of-way (RAN) of Southeast 2"d Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad Spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Bock 252, Plat of Block 252, Okeechobee Florida, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of said Lot "L" in block 252, thence proceed North along the North extension of the West line of said Lot "L" in Block 252, a distance of 30.00 feet to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot "L" in Block 252; Thence departing said extended line, run East along said parallel line and the East extension thereof, a distance of 242.00 feet to the intersection with the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said Page 1 of 2 extended line, a distance of 76.10 feet to the Northeast corner of said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127.00 feet; Thence departing said extended line, run Northwesterly along the arc of said curve and Northeasterly lot line, to a point that measures 123.56 feet East of the aforesaid Northwest corner of Lot "L" in Block 252; Thence departing said arc of curve, run West along said North line of Lot "L" in Block 252, a distance of 123.56 feet to said Northwest comer of Lot "L" in Block 252 and the Point of Beginning. Section Two. In the event that the said person fails to obtain within twenty-four months hereof a certificate of occupancy for development, then said right-of-way shall be declared open and the provisions of this ordinance declared null and void. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 2001 day of Julv, 2004, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this I61h day of June, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 20'h day of July, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor Street Closing Applicatiowlo. 72 6 511.3121 1 6 s 4 41.1121 1 I t Street, 11 1 178 [9'11 11Ili 7 8 19 7 8 9 I 15id, Surrounding Closed Alley's I6543' 1 �''65432 1 Q65 'Surrounding Closed Streets awl- - tit' — 7 8 9 1 111 7 8 9 1 111 7 8I9I1 11�1JLAJI7 8 (,] NE o Z 1 6 5 4 fl2l 6 5 4 3 2 1 6 5 43 21 6 5 43 21 6 H[41-31 5 4 78789 111 7891 t11 7891 111 787 Id I HJ21ij t3 5 4 3 2 1 BN 6 5 4 3 2 1 7 8 9 11 7 8 9 i 111 N()XT,4 E'R5T pA-Rq `,5r (SR 70 EAST') n 131211 Mobile Homes 5 16�7�H SE 41H ST "(100') • APPLICANTS HAVE FOUND A ROAD PLAT BOOK WHERE ROADWAYS WERE DEDICATED TO OKEECHOBEE FROM DOT. THIS AREA WAS SUPPOSE TO BE RECORDED IN ROAD PLAT BOOK 2 PAGE 10. HOWEVER THEY HAVE DISCOVERED THAT THE RECORDING WAS NOT DONE CORRECTLY. THE DOT OFFICE IS MAILING A COPY OF THE AREA THAT WAS RECORDED IN ROAD PLAT BOOK 3, WHICH IS SUPPOSE TO INDICATE THAT THE SMALL TRIANGLE PARCEL WAS DEDICATED FOR ROADWAY PURPOSES AND IS NOT �c Mao wi n STATE PROPERTY. 120.50• (PRORA,mv\ ,h - - - - - - - - - - :°� - - """"° \\ p� TO BE �K4 �,► \ — � "�m.gVEO u a 0 M- (W'K, 242 (D) AREA TO 6E �l23.55'SPj, 123.70' (PRORATED) SOUTH R/W LINE ESTABLISHED BY 100' PARALLEL O/S FROM NORTH R/W LINE 242.39' TOTAL AREA 62,184.9 t S.F. 1.43f ACRES 197.97' (PRORATED) 242.55" 242 (P) SED me_ oa r' Mao ra Mn Kw.imr) (,ao ra, car K+v.imn N V O U at 0 1) M- (a 2 1 V �A yy 0.01 t ACRES I r I "5 CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: �� APPLICATION NO:: Gary D.ibank, 1004 SW 3rd Avenue Okeechobee, Florida 34974 Not applicable See attached leaal description of proposed closinq �; • is rtt '.UR�iFO.SE,�O/F�C7LO4111-1 � ........�..� .._.,_...,�.._.. II Additional land area is required for future development Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: EL.JIDI?,VAS Not applicable Print name: Gary Eubanks Print Name: The foregoing instrument was acknowledged before me this May 24, 2004 by (date) Gary Eubanks and who is personally known to me or (applicant) (co -applicant) �— ------ who produced as identification and who did (did not) take oath. ` 4.011t . VIK !Q N ��MYCOMMI ary Public, Commission No. DD027331 �e EXPIRES: June 26.2005 {SI ature) 14°°yNOTARFro ^ (Name of Notary typed, printed or stamped) --r TUTULANX ...• Corm 4)j Florida WARRANTY DEEI]—MiaGLLory Form.) Tu/r/e Law PrinY,Fy?+shers,Aui/and. ✓� 800K �.t3 PACEc.it� Itt 9 .Made this IO day of June ✓1. D. 1.9 58 Between J.T.Clamp and Lilian 14 Clamp his, wife of the County of Pa1111 Beachi,in the St t f Florida parties of the first part, and D•L,Eubanks an i�'s wife Lavar May Eubanks 13,4 lyl of the County of Okeechobee in the State of Florida part ies of the second part, Witnesseth, that the said partie s of the first part, for and in consideration of the sum of Ten Dollars and no/Ioo to them in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, 1- ve &anted,, bargained and sold to the said part ies of the second part.; their heirs and assigns forever, the following described land, situate, lying, and being in the Count) of Okeee hobee , State of Florida, to wit: • Lots K L and 0 of block ?K?_ -of -the town of 01ceee •hobee,Florida as shown by Plat of said town recorded in records of Okeecho County, Florida. This Conveyanc a is given s ubject to reservations of records. .dnd the said part ies of the first part do hereby fully warrant t it le to said land, and will defend the same against the law�aj, f persons ons In Witness Whereof, the said partiies of the first part ha Ve hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered in Our Presence: State of Florida, BOOK 23 PACE292 County of cp�n � (� } I HEREBY CERTIFY, That, on this day personally appeared before me,, an ofj2cer duly authorized to administer oaths and take acknowledgments, J.2.Clamp and Lillian W Clamp his wife to me well known and known tom to be the individual described in and who execrated the foregoing deed, and nave acknowledged before me that executed the same freely and voluntaril for t�s purposes therei4 expressed. FITNESS my hand and of l cal seal at Z�f >''" County o �icJf� ✓ , and State of'Florida, this /a,:''.. ...UU>✓' day of ..1. D. 19day :H}, ,., y� ; r ,l 'fq• '. r .My Commission Expire-Q Notary Public N.tory Public. State of Floddo at Irrai '» ^y Q •' ""' • ^ •- My wmmisF-on VXPlras hine 1, 1960. •- J •�'� HwWad W Anmrlcan Sway Co. of N. Y. �. m � Tf tia�•� any b� H ;3 � p m m m�O P O O R n s �. R y Z 1• Ue, A Z::, .�.. MOD 1100a10 30 W8310 SM1111M '3 S3NAVN I tt1;1 VIA '41N(103 3390H033X0 ua003a ao� a3�id S1 r,... :: T5 h'4 ar• x 0 I] FILED FOR RECORD -. -;jc t;nt!14TY, Ft.'. 99 HAY 26 Pl1 3' 39 :ir-ti;itv,1 ifL)bEi\ I :,Li. CLERK OF CIRCUIT COURT IN RE. The Estate of LAVAR M. EUBANKS, Deceased. 01% ;22 PAR2000 IN THE CIRCUIT' COURT OF THE NIN( TEE JUDICIAL CIRCUIT IN AND FOR AKEECHC COUNTY, FLORIDA r `n PROBATE CASE NO.99-19-C1' t JUDGE. JOI-FN E. FENNELLY n.- Si t; ca c' AMENDED ORDER DETERMINING HOMESTEAD REAL I'ROPER'I.Y, AND ORDER OF SUMMARY ADMINISTRATION ' (Testate) On the Petition of GARY EUBANKS, ]'()ran Order Determining Homestead Real Prohert\ and Ior Summary Administration of the Estate of LAVAR iVl EUBANKS, the Court f incling that the decedent dial on June 13, 1998, that all interested persons have been served proper notice of hearing or have waived notice thereof, that the material allegations of the petition are true, that the decedent was donllcllyd ul Ol.ecchObee County, Florida, at the time of decedent's death; that decedent was survived by one tit' inure lineal descendants; and that at the time of decedent's death, decedent owned real property described in the pcution upon which decedent resided, that decedent's estate qualifies for summate administration, it is therefore. ORDERED and ADJUDGED: 1 THAT the following described property Lots K and L of Block 252, of the town of Okeechobee, Florida as shown b% the plat of said lo\cn I`ecurded tit records of Okeechobee County, Florida. Together with a Hillcrest Mobile Flome IDfi 02611656G,'file 1155021 15 constituted the homestead of decedent within the mcanine ol'Section 4 of Article h ell the COWdIlulnul O! the State of Florida 2. THAT title to the above -described property descended to decedent'~ lineal descend;tuts and that there be immediate distribution ofsaid property to GARY EUBANKS. as to I00`Yo intcresl. free ()lam claims by decedent's creditors 17g4; 111;0 %V1'Dl r'`i�Nl�ti.i`. • • � \,, Y.� ..;�p� � � lit ' , �• i iN B' 'KO 4 2 2 PAGE2 0 0 1 DONE AND ORDERED this day of 1 1999 AF2 JOON;tl �IENN LLY Circv Judge�- copies furnished to. Laura Ann McCall, Esquire I M CI) CV m 17995-313iO WPDj !"U10 1* MAY.18.2004 9:24AM LONELY « CONEL"r FA r10.11-E P. Proposed Right -of -Way Abandonment Parcel; A portion of the 100 foot wide right-of-way (R/I) of SE 2A0 Street (formerly known as Seventh Street) and a portion of the former, but now abandoned, right-of-way of the Florida East Coast Railroad Spur, lying North of, adjacent to and coincident with the North line of Lot "L" in Block 252, PLAT OF BLOCK 252, OKEECHOBEE, FLORIDA, according to the plat thereof recorded in Plat Book 2, Page 4A of the public records of Okeechobee County, Florida, being more particularly described as follows: BEGINNINGS at the Northwest corner of said Lot "L" in Block 252, thence proceed North along the North extension of the West line of said Lot "L" in Block 252, a distance of 30.00 feet to the intersection with a line 30.00 feet North of (measured at right angles to) and parallel with the aforesaid North line of Lot "V in Block 252; Thence departing said extended line, run East along said parallel line and the East extension thereof, a distance of242.00 feet to the intersection with the North extension of the East line of said Lot "L" in Block 252; Thence departing said parallel line, run South along said extended line, a distance of 76,10 feet to the Northeast corner of said Lot "L" in Block 252, said corner being a point on the arc of a non - tangent curve in the Northeasterly line of said Lot "L" in Block 252, said curve is concave to the Northwest, parallel with and 10.00 feet Southerly of the center line of the aforesaid Florida East Coast Railroad Spur and is referenced by a chord distance of 127,00 feet; Thence departing said extended line, run Northwesterly along the are of said curve and North- easterly lot line, to a point that measures 123.55 feet Bast of the aforesaid Northwest corner of Lot M" in Block 252; Thence departing said arc of curve, ran West along said North line of Lot "L" in Block 252, a distance of 123.55 feet to said Northwest corner of Lot "L" in Block 252 and the POINT OF BEGINNING. Said parcel of land containing 10,344 square feet, more or less. 1 0 • Authorized Signature° Typed Name & Trle Y c,'-7-3 7 0 ? Phone No. Ao I vz, ekv i Typed Name & Title 14de 1 COA7eC,/7Ov 7�iAVeOeet fioti863-� 63=187 Authorized Signattt�f Typed Name & Titl6 Ss o y Date SC-3-452--305 Phone No. Date Phone No. Date �O I(IA" " S&je- L;-j— /,J-rAw-Ae*,A c-v jsiDVAEA Teti �9 3 �t vaav n,errT — A% 0 &-r" -0.5 %,EW�e�J ('r. Fo�„✓ee.,xc Ext;-,ti 763-940 g�-LI -o T- Typed Name & Title Phone No. Date Required Only For CI of Okeechobee & First Addition to City of Okeechobee Subdivisions: T ¢Al Ali,v%K7-i CCU T,eaCr-LL .Y-C. Gnu/.S.ee»y;s rll37L33/-J —54 � ii•o� Authorized Signature Typed Name & Title Phone No. Date ri Page 3 fjoPLIICA , T11 INST1R,UCTION6'-',.'Aj er; agds'f plicafit."Ret tith THE -CLERKS, L12', AVE 11415'Pio"CL6WIN& AV IG'WOP0"B*EL0 W': 1S'Is., attached Memorandum PUBLIC;_, EPARt 'EN Authorized Signature Date Authorized Signature Donnie Robertson, Public works Director Oscar Bermudez, Engineer Typed Name & Title Typed Name & Title No comments or objections. POLICE DEPARTMENT 5-25-04 ut orized Signature Date Tommy Raulerson, Major Typed Name & Title No comments or objections FIRE. DEPARTMENT V 5-25-04 Authorized SigAature Date William Douglas, Battalion Chief Typed Name & Title I / ADMINISTRATION',`-1:, k, -27-oV Authorized Signature Date Bill Veach, City Administrator Typed Name & Title ,J -7 Date APPLICATION APPROVED BY: I ) - LANEGAMIT91=-A, CITY CLERK DATE t Revised 413103-LO to Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: May 26, 2004 Re: City Right -way- Closing application from Gary Eubanks Application No. 72 The Engineering Department has visited the site and reviewed the City Maps at the intersection of SE 2nd St and SE 5u' Ave. and found that future problems may be generated, if the owner of Lot O, right across from lot L, claims that its Property Line encroaches into the City Right -way (the two property lines appear to be parallel). It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning the street right-of-way without properly clearing this situation. 2 3 4 7 81,3 Hilli i %+i told (t) 31211-A '141312111 161514131211 9Y�Yp0Y iC�90��1� M —1-4 6 51j 41j� 3 2�1 6 5 4id 2 1 •J f-��► 97 t1 32 SE 4TH ST (100') 3 2�t�t bJ �4�3 2�IN? 61514 2 1 I t i 7 8�9 tt 1 7 8 W,3 iSE 5TH ST MT) T) 312 1.3A 6151413121jj1 JK61514131211 71819 R pLLoL Q V / 4 3 2 1 . `5 [6[7 81 } (0- 2- 2' 11 9181716 514 3121 t /, 41+14'fl I t51 1 2t 11pC�9 8 7,615�4�312I 1' 15 271 16 28 17 29 Ica t8 �9 \Y J J T rr� Y 71819 G>�111 5 6 7 8 jj g v 6 5 4 3 2 1 Q 6 5 4 3 7�8I9�1 111 z 7 8 9 Z 6 5 4 3 2 1 5 4 3 2 7 8 9 11 6 7 8 6 5 4 3 2 1 8 7 8 9 1 t1 �p o _ 4 5 6 A � 7 B 8 C ) 9 0 r 10 IE ( 11 IF L•�e 1 12 G 13 ' H 1 J 2 3 4 i 5 6 7 8 9 to 12 EXHIBIT 5 JUNE 15, 2004 AGENDA DEP AGREEMENT NO. S0130 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 13`s day of January, 2004, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF OKEECHOBEE (hereinafter referred to as "Grantee" or "Recipient") is hereby amended. WHEREAS, the Grantee needs additional time for their bidding process, and; WHEREAS, the Grantee has requested a no cost extension of the Agreement in order to complete the project as described in the Agreement; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: -- Paragraph 2 is hereby revised to change the completion date of the Agreement from July 12, 2004 to November 12, 2004. -- Attachment A, (Page 2 of 2), Deliverable Schedule, is hereby revised to read as follows: Deliverable Schedule: Task Completion Date Design of Baffle Box Completed prior to execution Final Engineering and Surveying 4 months after execution Construction — Installation of Baffle Box November 6, 2004 Construction — Raise Inlets and Regrade Swales November 6, 2004 Maintenance of the Baffle Box System Continuous after construction In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain m full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0130, Amendment No.1, Page 1 of 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year Iast written below. CITY OF OKEECHOBEE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: �X/t 317oU�Q Title* Sec e ry or d�gnee Date: Date: i Attest: Kimberly Shugar, DEP Grath Manager City Clerk DEP Contracts Administrat9f Q Approved as to form and legality: D Attorney FEID No. 59-6000393 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50130, Amendment No. 1, Page 2 of 2 • • EXHIBIT 6 June 15, 2004 Agenda Support Material will be provided at the meeting CITY OF OKEECHOBEE Bid Tabulation Sheet Health Insurance Group Insurance Solutions - Scott Harris Blue Cross Blue Shield of Florida/Met Life Dental/Vision Care Base Proposal Alternate A Alternate B Alternate C (Health) (Dental) (Vision) (Base +A+B) 1) Employee $ 452.20 $28.62 $ 4.29 $ 485.11 2) Spouse $ 977.19 $57.67 $ 8.58 $1,043.44 3) Family $ 816.52 $68.50 $ 8.15 $ 893.17 4) Spouse & Family $1,341.51 $97.53 $16.84 $1,455.88 Addendum 1 was acknowledged as required. Employee Mutual Incorp. (EMI) Base Proposal Alternate A Alternate B Alternate C (Health) (Dental) (Vision) (Base +A+B) 1) Employee $ 529.56 Administrative Not Not Submitted 2) Spouse $1, 059.13 fee for coverage Submitted 3) Family $ 953.22 until further 4) Spouse & Family $1,641.65 info garnered. Addendum 1 was acknowledged as required. Health Options Monthly Rates/HMO Plan 4 Base Proposal Alternate A Alternate B Alternate C (Health) (Dental) (Vision) (Base +A+B) 1) Employee $ 347.46 Employee Paid Employee Paid Employee Paid 2) Employee/Spouse $ 750.85 Employee Paid Employee Paid Employee Paid 3) Employee/Children $ 627.40 Employee Paid Employee Paid Employee Paid 4) Family $1030.79 Employee Paid Employee Paid Employee Paid OF Ok�FC a 1915 City of Okeechobee Bid Opening • June 2, 200402:00 p.m. • Minutes Health Insurance Bid No. FIN 01-10-05-04 Office of the City Clerk The following bids were received no later than 2:00 p.m. on Wednesday, June 2, 2004 by the City General Services Department. The bid opening was held in the City Council Chambers, Room 200, City Hall located at 55 Southeast Third Avenue, Okeechobee, Florida, 34974: Five County Insurance Agency, Inc.; Group Insurance Solutions; JBL Securities and Insurance Services; Health Plan Services; EMI. Staff members present were: Administrator Veach, City Clerk Gamiotea, and Finance Coordinator Lola Parker. The bids were publicly opened by Mrs. Parker and read aloud, the following bids and amounts were received for the Health Insurance with optional dental and vision insurance. 1. Five County Insurance Agency, Inc. - Edward W. Murray Statement of No Proposal received. 2. Group Insurance Solutions - Scott Harris Blue Cross Blue Shield of Florida/Met Life Dental/Vision Care Base Proposal Alternate A Alternate B Alternate C ]Health) (Dentail (Vision] (Base +A+B4 1) Employee $ 452.20 $28.62 $ 4.29 $ 485.11 2) Spouse $ 977.19 $57.67 $ 8.58 $1,043." 3) Family $ 816.52 $68.50 $ 8.16 $ 893.17 4) Spouse & Family $1,341.51 $97.53 $16.84 $1,456.88 Addendum 1 was acknowledged as required. 3. JBL Securities & Insurance Services - John Lashley Statement of No Proposal received on base bid. Cannot accept alternate bids due to requirement in bid documents that for alternates to be considered base bid must be submitted. 4. Health Plan Services - Amerita Life Insurance Corp. Received several proposals on Alternate A only. Bid incomplete due to requirement in bid documents that for alternates to be considered base bid must be submitted. 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 - (863) 763-3372 - Fax: (863) 763-1686 Health Insurance Bid Opening June 2, 2004 - Page Two 5. Employee Mutual Incorp. (EMI) Base Proposal Alternate A Alternate B ,(Health) JDental) (Vision) 1) Employee $ 529.56 Administrative Not 2) Spouse $1,059.13 fee for coverage Submitted 3) Family $ 953.22 until further 4) Spouse & Family $1,641.65 info gathered. Maximum Amounts for Base were also given as follows: 1) Employee $ 624.97 2) Spouse $1,249.95 3) Family $1,124.95 4) Spouse & Family $1,937.42 Addendum 1 was acknowledged as required. Alternate C (Base +A+B) Not Submitted The Bid opening concluded at 2:22 p.m. The Bid award will be considered by the City Council on June 15, 2004 at 6:00 p.m. in the City Council Chambers, Room 200, 55 Southeast Third Avenue, Okeechobee, Florida 34974.Once the bid is awarded, a one year contract will be executed by the Mayor and Clerk. CLERK'S CERTIFICATION - STATE OF FLORIDA, COUNTY OF OKEECHOBEE, CITY OF OKEECHOBEE. 1, Lane Gamiotea, HEREBY CERTIFY THAT I am the duly qualified Clerk of the City of Okeechobee, Florida; that the above foregoing minutes were recorded and documented by me and it is a true and correct copy of which is on file in the Office of the City Clerk. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed the official seal of said City, this 2" d day of June. 2004. Sear Cl/X C P - L Lan Gamiote , City Clerk ,'' , . SUPPORT MATERIAL FOR EXHI T i I' JUNE 15, 2004 AGENDA Citv of Okeechobee 2004 Group Health Insurance Renewal Comparison, Blue Cross/ Health Options Present and Renewal Alternates HMO HMO HMO15 Provider Network Bluecare Bluecare Maximum Benefit Unlimited Unlimited Open Access to PCP/ Spec? No No Primary Care Physician OV Copay $10 $15 Specialist Office Visit Co Pay $10 $15 $35 Hospital Co Pay $0 $250/adm $150/day to $750 Out Patient Surgery Copay $0 $50 $200 Deductible $0 $0 Participating Provider Co Insurance 0% 0% Non Par Provider Co Insurance 100% 100% Out of Pocket Limit $1500 $1500 X Ray and Lab Co Pay $0 $0 Ambulance Co Pay $0 $0 Emergency Room Co Pay $50 $50 Durable Medical Equipment Co Pay $0 $0 Home Health Care Co Pay $0 $0 Therapy Co Pay $0, 60 days $0, 60 days Mental Health OP: $25, 20 visits $25, 20 visits IP: 30 days 30 days Rx Co Pays 5/15/30 10/25/40 Mail Order Rx 90 day supply for 2 co pays 90 day supply for 2 co pays This comparison is a brief highlight only and is not intended to compare all policy benefits. �a�lutc'e.ra.. c.tc. City of Okeechobee 2004 Health Insurance Rate Comparison Health Options Monthlv Rates HMO Plan 4 Revised HMO Plan 8 HMO Plan 15 Present Renewal Renewal Alternate Alternate Present Enrollment Employee Only (47) $347.46 Employee/Spouse (7) 750.85 Employee/Children (7) 627.40 Family (1) 1030.79 $501.04 $452.20 1082.73 977.19 904.71 816.52 1496.40 1341.51 Annual Total (62) $324,109 $467,365 $421,811 $ Change $143,256 $97,702 % Change 44.2% 30.1 % Employer Cost* $271,110 $385,373 $349,037 Employer Cost $ Change $114,263 $77,963 Employer Cost % Change 42.1 % 28.8% $434.09 938.06 783.82 1287.70 $404,917 $80,808 24.9% $335,563 $64,453 23.8% * 100% of the employee premium plus $70/month/dependent category $419.78 907.13 757.98 1245.33 $391,569 $67,460 20.8% $324,916 $53,806 19.8% • • wpm i='' Citv Of Okeechobee Group Health Insurance Renewal Comparison Present and Renewal Blueoptions Alternates HMO 4 1550 1551 1552 Provider Network Bluecare Network Blue Maximum Benefit Unlimited $5,000,000 Open Access to PCP/ Spec? No Yes Test Approvals Required? Yes No Preventive Care $10 $250 $150 $150 Office Visit Co Pay $10 PCP/ $10 Specialist $15/$30 Hospital Co Pay $0 $400/adm* $400/adm* $500/adm* Out Patient Hosp Fac $0 $100* $100* $150* Deductible $0 $300 $500 $500 Par Co Insurance 0% 10% 10% 20% Non Par Co Insurance 100% 40%* * Out of Pocket Limit $1500 $2000 $2500 $3000 Lab Co Pay $0 $0 Ambulance Co Pay $0 Deductible and coinsurance ER Co Pay $50 $100 + coins Durable Medical Eq $0 Deductible and coinsurance Home Health Care $0 Ded + coins, $2500/ year Therapies $0, 60 days Ded + coins, $2500/ year Mental Health OP: $25, 20 visits Deductible and coinsurance IP: 30 days 30 days 30 days 30 days Rx Co Pays 5/15/30 10/25/40 Mail Order Rx 90 day supply for 2 co pays 90 day supply for 2 co pays *Tier one hospital copay. **Blueoptions non par benefits access the Blue Cross Traditional and PPO networks to access there pre negotiated fee and no balance -billing provisions with providers who do not participate in Blueoptions. Expenses with providers who do not participate in any contract with Blue Cross are subject to Blue Cross' "MAP" (Maximum Allowable Pavment). This fee level is significantly lower than actual charges. Jun 11 04 12:19p Scot Harris 561-747-3524 p.1 • ' INSURANCE 60 • &te' FAX TRANSMITTAL Date : 41 // O V Time: To: B I // Y�CCC-4 From:GpttRtuf�/s Number of pages to follow: r if you do not receive all pages indicated, please notify sender by calling 561-747-5636 Comments: r 1 f l 18230 RIVER OAKs DRivE • .JUptTER, FLORIDA 33458 • PHONE 561-747-5636 • FAX 561-747-3524 Jun 11 04 12:19p Scot Harris 561- 47-3524 �p.22 Citv Of Okeechobee 2004 Health Insurance Rate Comparison Blue Cross/Blue Shield HMO Plan 4 Revised Blueoptions Renewal Alternates Present Renewal Renewal, 1550 1551 1552 Employee Only (47) $347.46 $452.19 $438.00 $399.75 $377 66 $35'4.97 Employee!Spouse (7) 750.85 977.19 946.50 950.81 898.37 836.2 Employee/Children (7) 627.40 816.52 790.88 786.85 745.25 7.28.09 Family (I) 1030.79 1341.51 1299.38 1337.9i 126585 1224.35 Annual Total (62) $324,109 $421,811 $408,587 $387,478 $366,257 $350,798 $ Change $97,702 $84,478 $63,369 $42,148 $26,689 % Change 30.1 % 26.1 % 19.60{o 13.()° O &2% Employer Cost $271,110 $349,037 $338,472 $310,014 $293,579 $280,418 (3 000'0 of ee 4 $70;dep) $ Change S77,927 $67,362 $38,904 $22,469 $9,309 % Change 28.7% 24.8% 14.3% 11.6% 3.4% Blueoptions benefit advantages include: higher copays than the HMO options, deductible and coinsurance M11 apply to some expenses. Outpatient diagnostic testing, for example, will be subject to the outpatient facility copay and the associated physician charges will be subject to the deductible and coinsurance. Another example is a maternity claim- physician expenses tAill be subject to the deductible and coinsurance. claims with providers that. do not participate in any BCBS contract are subject to BCBS "Maximum Allowable Payment", a fee schedule which is lower than actual charges. This issue also exists in the BCBS PPO. Blueoptions benefit advantages include: No PCP designation, no referrals to specialists and no authorizations for diagnostic tests. Out of network coverage is provided and members can access the BCBSFL PPO and Traditional networks to secure pre negotiated fees and no balance billing. There are no geographic boundaries. Nationwide coverage is included and members can access ou! of state Blue Cross PPO networks to secure the in -network benefit level with physicians. out of state hospitals are paid at the tier two benefit level. The provider networks can be viewed online by visiting the Blue Cross 'Nebsite at bcbsfl.com. Click on the link to "Provider Directory" in the second paragraph in the center of the homepage. Click on the "Plan" dropdown menu and the network you are interested in, Bluecare FIMO, Bluechoice PPO or Blueoptions/Network Blue. Choose one or more of the other options to search by County, provider type or name. Jun 11 04 12:20p Scott Harris 561-747-3524 p.3 • 0 Citv of Okeechobee 2004 Health Insurance Rate Comnarison Health Ontions Monthly Rates HMO Plan 4 Revised Revised Present Renewal Renewal Renewal Present Enrollment Employee Only (47) $347 46 $501.04 $452.20 $438.00 Employee/Sp (7) 750.85 1082.73 977.19 946.50 Employee/Ch (7) 627.40 904.71 816.52 790.88 Family (1) 1030.79 1496.40 I341.51 1299.38 HMO Plan 8 HMO Plan 15 Alternate Alternate $421.07 909.92 760.31 1249.07 Annual Total (62) $324,109 $467,365 $421,811 $408,564 $392,770 $ Change $143,256 $97,702 $84,456 $68,661 % Change 44.2% 30.1 % 26.1 % 21.2% Employer Cost $271,110 $385,374 $349,037 $338,472 $325,876 Employer Cost $ Change $114,264 $77,927 $67,362 $54,766 Employer Cost % Change 42.1% 28.7% 24.8% 20.2% Employer Cost= 100% of employee only plus $70 per dependent coverage. $407.19 87992 735.24 1207.97 $379,922 $55,713 17.2% $315,549 $44,439 16.4% Employers Mutual, Inc. LW Executive Summary Employers Mutual, Inc. (EMI) is a leading third party administrator specializing in self -funded workers compensation, property, liability and employee benefits administration services. We offer a unique blend of technical capabilities and in-depth knowledge designed to support the D operations of both healthcare and property & casualty self -funded plans for medium to large employer groups. A member of the Society of Professional Benefit Administrators (SPBA), -"' EMI has been providing administrative services to self -funded employers in Stuart since 1985, and in Jacksonville since 1991. Formed as McCreary Corporation in 1984 in Stuart, Florida, we joined the FPIC Insurance .. Group family of companies in 1995 in order to expand our capabilities and pursue a growth strategy. In 1997, we purchased Employers Mutual, Inc., a Florida -based Third Party - Administrator specializing in employee benefits administration, and assumed the EMI name in January 2002. Our parent company, the FPIC Insurance Group, a publicly traded company (NASDAQ), is based in Jacksonville, FL. Our Mission To deliver outstanding value to our clients and business partners. This is accomplished through the application of advanced technology in claims administration, experienced staff, operational flexibility and innovation. Summary of Premium Rates For City of Okeechobee Presented By: Employers Mutual, Inc. Date Presented December 2003 Underwriter Excess Risk Reinsurance/QBE Reinsurance Company Effective Date. August 1, 2004 SPECIFIC DEDUCTIBLE: $ 25,000 Single Family Specific Premium (12/15) I $105.80 $255.16 Aggregate Premium (12/15) I $10.91 $10 91 Claims Administration I $16.00 $16.00 Utilization Review & Case Mgmt I $3.50 $3.50 Dental Administration (can not be purchased on a stand alone basis) $3.00 $3 00 COBRA/HIPAA I $150 $1.50 Network Access Fee (EMI/Dimensions) I $3.50 $3.50 Mental Health Carve -Out (Bradman) I $5 70 $5.70 NPPN Wrap 22% of Savings Total Fixed Costs $149 91 $299 27 Expected Medical Factors I $346.80 $867 02 Total Fixed Costs I $149.91 I $299.27 Maximum Medical Factors I $433.50 $1,083.77 Initial One Time Set -Up Fee: $1,500.00 (Suggested Rates Only —Subject to Completion of Disclosure Form, Paid Claim and Large Claim Information and the Final Census) • EXHIBIT 7 ^- TUNE 15, 2004 AGENDA Request for approval to purchase replacement breathing equipment (SCBA) REASON FOR REQUEST: Update new safety features for firefighters using SCBA Law mandating manufacturers to build certain safety features into SCBA Replacement parts becoming obsolete Maintenance and replacement increasing significantly every year Total 2001 $676.00 2002 $1, 095.00 2003/pres $2,489.00 Propose to purchase equipment in a three year period to have minimal impact to budget (should not affect present or future budget unless there its a major equipment failure) Received/Requested following bids: TYPE Ten-8 18,942.18 (MSA) PVT 18,212.00 (Draeger) Fisher/Safety 18,200.00 (Scott) Request permission to award Ten-8 bid - Good working relationship with company Good working relationship with personnel FD has employee who is certified to work on SCBA FD has approx. 3,000 00 dollars worth of MSA tools MSA has proven to be very high quality and trustworthy 9/9/2003 Position City Administrator (1) Executive Secretary (1) Account Supervisor (1) A Aid/Spec Proj (1) A*nt Clerk (1) Police Svcs Coordinator (1) Administrative Secretary (1) General Svcs Coordinator (1) Sec Recpt / Office Asst (1) City Clerk / Personnel (1) Deputy City Clerk (1) Chief of Police (1) Police Major (1) Police Sergeant (4) Police Detective (3) Police Sergeant Detective (1) Police Officer Certified (9) Police Records Clerk (1) Police / Fire Dispatcher (4) F&hief / Code Officer (1) Fir Battalion Chief (1) Fire Lieutenant (2) Firefighter / EMT (8) City Engineer (1) Public Works Director (1) Maintenance Foreman (1) Equipment Mechanic (1) Maintenance Operator (5) 2 $ 56,823.53 $ 25,135.31 $ 25,512.34 $ 29, 746.24 $ 30,192.43 $ 25,135.31 $ 25,512.34 $ 25,135.31 $ 24,898.69 $ 25,272.17 $ 24, 598 69 y49>TT $ $ 25, 512.34 _25,135.31 $ 20,964.83 $ 38,025 45 $ 38,595.83 $ 25,135.31 $ 25, 512.34 $ 46,618.54 $ 47,317.82 $ 40, 811 85 $ 41, 424.03 s?84t $ 34,234.33 $ 31,579.88 $ 32,053.57 $ 35,753.40 $ 36,289 70 $ 23, 524.43 I-g3 -j 'r $ 23,524.43 $ 23,877.29 $ 46,189.24 $ 46, 882.08 $ 34,202.47 $ 32,654.14 $ 33,143 95 1H $ 48�661.00 $ 43,748 10 $ 31,579 88 $ 32,053.57 $31,043.25 $31,50890 Proposed Step Pay Plan 3 4 5 6 $ 58,541.02 $ 59,419 13 $ 60,310.42 $ 61,215 07 $ 25,895.03 $ 26,283.45 $ 26,677 70 $ 27,077.87 $ 31,105.00 $ 31, 571 57 $ 32, 045 15 $ 25,895.03 $ 26,283 45 $ 26,677 70 _r $ 25,895.03 $ 26,283.45 $ 26,677.70 $ 27,077.87 $ 25,651.25 $ 26,036.02 $ 26,426 56 IN AN $ 25, 342.18 $ 25, 722.32 $ 26,108.15 $ 26, 499.77� $ 25,895.03 $ 26,283.45 $ 26,677 70 $ 27,077 87 $ 21,279 30 $ 21, 598 49 $ 21, 922.46 $ 22,251.30 $ 39,174.77 s $ 40,358.83 $ 40,964.21 $ 25,895.03 $ 26,283.45 $ 26,677 70 $ 27,077.87 ..�.F'. $ 48,027.58 $ 49,479.22 $ 50,221 40 �. > r $ 42,676 07 $ 43, 316.21 $ 43, %5 95 .'�=2fi fGra $ 35, 798.09 $ 33,517 73 ;£ €j $ 37,386.56 $ 37,947 36 $ 38,516 57 $ 31,337 92 $ 31,807 99 $ 32,285 11 $ 24,235.45 $ 24,598.98 $ 24,967 97 $ 25,342.49 $ 24,235.45 $ 24,598 98 $ 24,967 97 $ 25,342.49 $ 47,585 31 $ 48,299 09 $9U `.�; $ 49,758 93 'Fa $ 35,236.24 $ 35,764 78 $ 36,301.25 $ 33,641.11 $ 34,145 73 $ 29,768.07 sgo - $ 30,667 81 $ 31,127 83 $ 49,390.92 $ 50,131.78 $ 50,883 76 $ 51,647.02 $ 45,070.39 $ 45,746 44 $ 46,432.64 $ 47,129 13 $ 32, 534.38 $ 33, 022.39 $ 33, 517 73 $ 34, 020 49 $ 31,981.53 $ 32,461.26 $ 32,948 17 `t3 40" $ 25,342.18 $ 25,722.32 _$'f.1 rt` $ 26,499.77 7 $ 62,133 30 $ 27,484.04 $ 32, 525.82 $ 27,484.04 $ 27,484.04 $ 27,225.30 $ 26, 897.27 $ 27,484.04 $ 22, 585.07 $ 41, 578 67 $ 27,484.04 $ 50,974 73 $ 44,625.44 $ 36,880 09 $ 34, 530.80 $ 39,094 31 $ 32, 769.39 $ 25, 722.62 $ 25,722.62 $ 50,505.31 $ 36,845 77 $ 35, 705.45 $ 31,594 74 $ 52,421 72 $ 47,836 07 $ 34,530 80 $ 33,944 03 $ 26, 897.27 8 $ 63, 065.30 $ 27,896.30 $ 33,013.71 $ 27,896 30 $ 27,896.30 $ 27,633 68 $ 27,300.73 $ 27,896 30 $ 22,923.85 $ 42,202.35 $ 27, 896 30 $ 51,739.35 $ 45, 294.82 $ 37,433.29 $ 35,048 76 $ 39,680.73 $ 33,260 93 $ 26,108.46 $ 26,108 46 $ 51, 262.89 $ 37,398 46 $ 36,241.03 $ 32,068.66 $ 53,208 05 $ 48,553.61 _ .�r..,.,....�,...:-.fit ,p 8 $ 34,453.19 $ 27,300 73 9 $ 64,011.28 $ 28,314 74 $ 33, 508 92 $ 28,314.74 $ 28, 314 74 $ 28, 048.19 $ 27,710.24 $ 28,314.74 $ 23,267.70 $ 42,835.39 $ 28,314.74 $ 52,515 44 $ 45,974.25 $ 37,994.79 $ 35,574.50 $ 40,275 94 $ 33, 759 84 $ 26, 500 09 $ 26,500 09 $ 52, 031 83 $ 37,959 43 $ 36,784 64 $ 32,549.69 $ 54,006 17 $ 49,281 91 $ 35,574 50 $ 34, 969 99 $ 27,710-24 10 $ 64, 971.45 $ 28, 739.46 $ 34,011.55 $ 28, 739 46 $ 28,739.46 $ 28,468.91 $ 28,125.89 $ 28, 739.46 $ 23,616 72 $ 43,477 92 $ 28, 739.46 $ 53, 303.17 $ 46,663.86 $ 38,564.71 $ 36,108.11 $ 40, 880.08 $ 34,266.24 $ 26,897.59 $ 26, 897.59 $ 52, 812.31 $ 38, 528.83 $ 37,336 41 $ 33, 037.94 $ 54,816.26 $ 50, 021,14 $ 36,108.11 $ 35,494.54 $ 28,125.89 • • EXHIBIT 8- DUNE 15, 2004 AGENDA 78th Annual Conference Florida League of Cities, Inc. August 19-21, 2004 Hollywood, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desitnation of VotinLy Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 EXHIBIT 9 ^- .TUNE 15, 2004 AGENDA ALLMERICA FINANCIAL® HANOVER INSURANCE® HANOVER INSURANCE COMPANY 7130 Glen Forest Drive, Suite 400 Richmond, VA 23226 NOTICE OF CANCELLATION City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34972 BLR-1650749 WHEREAS, on or about the 8th day of April 1999. The Hanover Insurance Company as Surety, executed its bond in the penalty One Thousand 00/100 Dollars ($1, 000. 00) on behalf of Telesat Acquisition. LP of Main at Water Street, Coudersport, PA 15279 as Principal, in favor of Citv of Okeechobee as Obligee, (Nature of Risk) CA TVFranchise Bond WHEREAS, said bond, by its terms, provides that the said Surety shall have the right to terminate its obligations thereunder by serving notice of its election so to do upon the said Obligee, and WHEREAS, said Surety desires to take advantage of the terms of said bond and elects to terminate its liability in accordance with the provisions thereof. NOW, THEREFORE, The Hanover Insurance Company shall at the expiration of Thir (30Ldays after receipt of this notice be released and forever discharged from any and all liability for all known and unknown claims, which the Obligee may assert against the Surety, under the above -referenced bond. Signed and dated this 17th of Ma., 200d HANOVER INSURANCE COMPANY Donna M. Lipscom1be cc. Adelphia Communications Franey Muha Alliant Insurance Services • 0 Aon Commercial Surety Services One Liberty Place Philadelphia, PA 19103 SUBJECT: Adelphia Letter dated 4/16/04 — Filing of new surety bond In accordance with the letter sent to you on or about April 16`�, 2004 from our client, Adelphia, we hereby submit for filing the attached Travelers Casualty and Surety Company of America bond. This bond replaces and exonerates the existing Hanover Insurance Company bond currently on file. Also enclosed, please find a release document which requires an acceptance signature. Please returned the signed document to Aon at your earliest convenience; a self-addressed envelope has been included for your use. If a bond is no longer required, please also return the original Travelers Casualty and Surety Company of America bond in the enclosed envelope with the signed release. Thank you in advance for your prompt attention to this matter. If you should have any questions or if I may be of further assistance, please do not hesitate to call me at 215-255-1721. Sincerely, Aon Commercial Surety Services ,ham 1 e,c) � Mary C. O'Leary Director, Surety Operations Aon Surety Fax: 215-255-1978 SURETY BOND RELEASE TO THE HANOVER INSURANCE COMPANY WHEREAS, The Hanover Insurance Company ("Hanover"), as surety, issued Bond No. 1650749, dated 4/8/1999, on behalf of TELESAT ACQUISITION, LP, as principal, in favor of CITY OF OKEECHOBEE, FL, as obligee ("Obligee"), in the current amount of $1,000 (said bond as same may have been thereafter amended by rider or otherwise hereinafter referred to as the "Existing Bond"); and WHEREAS, Obligee has accepted a bond issued by another surety in replacement of the Existing Bond; or, upon expiration of the Existing Bond, has accepted a new bond issued by another surety; or has otherwise determined that it no longer desires to retain any rights or protections under the Existing Bond; and NOW, THEREFORE, Obligee hereby releases and forever discharges, Hanover, its affiliates, subsidiaries, successors and assigns, as surety, of any and all claims, demands and liabilities of any kind or nature whatsoever, in law or in equity, whether known or unknown, contingent or liquidated, monetary or otherwise, and no matter when accruing, which Obligee ever had, now has or which it or its successors or assigns hereafter can, shall or may have under the Existing Bond and/or ansing out of or related to the agreements or obligations referred to in the Existing Bond. Obligee waives any notice of cancellation, termination or other notice of any kind, whether set forth in the Existing Bond, under statute or regulation, or otherwise. By signing below, the individual executing this Release on behalf of Obligee represents and warrants that he/she is duly authorized by the Obligee to bind Obligee to all of the terms and conditions of this Surety Bond Release. DATED this day of , 2004. CITY OF OKEECHOBEE, FL STATE of ss. COUNTY of By: Name: Title: On this day of , 2004 , before me personally appeared , who is known to me, and acknowledged before me on this day, that being informed of the contents of the foregoing Surety Bond Release, that he/she executed said instrument voluntarily, and that he/she is duly authorized to execute said instrument on behalf of Obligee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICIAL SEAL the day and year first above written. (NOTARY SEAL) (Signature of Notary Public) Notary Public, residing at My commission expires FRANCHISE BOND Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond Number 104311433 KNOW ALL MEN BY THESE PRESENTS, That, we, Telesat Acquisition, LP as Principal, and Travelers Casualtv and Suretv Company of America, a corporation of the State of Connecticut, as Surety, are held and firmly bound unto CITY OF OKEECHOBEE, FL, 55 Southeast 3rd Avenue, Okeechobee, FL 34974 , as Obligee, in the sum of One Thousand and 001100 Dollars, ($ 1,000.00 ) lawful money of the United States of America, to be paid unto said Obligee, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bound Principal has entered into a written agreement dated , with the Obligee, which grants a Franchise to the Principal for use of its public streets and places to transmit and distribute electrical impulses through an open line -coaxial antenna system located therein. Principal has agreed to faithfully perform and observe and fulfill all terms and conditions of said Franchise agreement referred to above and said agreement is hereby made a part of this bond with like force and effect as if herein set forth in length NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above named Principal, its successors or assigns, does and shall well and truly observe, perform and fulfill its obligation as set forth in the above mentioned Franchise agreement, for which a bond must be posted, then the above obligation to be void; otherwise to remain in full force and effect. The bond is subject, however, to the following express conditions: FIRST That in the event of a default on the part of the Principal, its successors or assigns, a written statement of such default with full details thereof shall be given to Surety promptly, and in any event, within thirty (30) days after the Obligee shall learn of such default, such notice to be delivered to Surety at its Home Office in Hartford, Connecticut by registered mail. SECOND- That no claim, suit or action under this bond by reason of any such default shall be brought against Surety unless asserted or commenced within (12) twelve months after the effective date of any termination or cancellation of this bond THIRD- That this bond may be terminated or canceled by Surety by 30 days prior notice in writing to Principal and to Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. The liability of the Surety shall be limited to the amount set forth above and is not cumulative. FOURTH- That no right of action shall accrue under this bond to or for the use of any person other than the Obligee, and its successors and assigns. FIFTH: That this bond replaces Hanover Bond # 1650749 , including all past, present & future liability Having accepted this bond, the Obligee hereby releases and forever discharges the Hanover Insurance Company, its affiliates, successors and assigns, as surety, of any and all liability and/or obligation under Bond # 1650749 that the Obligee has now or may obtain in the future on any claim it has asserted in the past or may in the future assert under said bond, whether said claim be known or unknown, whether monetary or otherwise, and whether under contract or otherwise. IN WITNESS WHEREOF, the above bound Principal and the above bound Surety have hereunto set their hands and seals on the 24th day of June , 2004 Telesat Acquisition, LP Christine or ChMorris, V�rety P Treasurer Travelers Casualty and Company of erica Susan J. iks Attorney -in -Fact TRAVELERS PUALTY AND SURETY COMPANY OF AMERIP TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies') hath made, constituted and appointed, and do by these presents make, constitute and appoint: Thomas J. Joslin, Karen Daniel, Kathleen J. Mailes, Linda Iser, Sandra Martinez, Susan A. Welsh, Susan J. Preiksa, Geoffrey E. Heekin, Marcia K. Cesafsky, Daniel R. Smith, Patricia M. Doyle, of Chicago I Glenview, Illinois, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrmment(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified b y s uch f acsimile s ignature a nd f acsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. -01-00 Standard) IN WITNESS WHEREOF, TR&LERS CASUALTY AND SURETY &PANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this I Oth day of December, 2003. STATE OF CONNECTICUT } -S. Hartford COUNTY OF HARTFORD 'yJ',-TY A1j,0 + CASU44O1. U 9 • CONN� CONK i � a 1 *8 2; � � • �`,�t' ��d1 r �N�sco 6`y c'rt'� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this loth day of December, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. pDr)N My commission expires June 30, 2006 Notary Public Marie C. Tetreauit CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Horne Office of the Company, in the City of Hartford, State of Connecticut. Dated this 24th day of June.-,, 20 04 s3y� �h ,J'LTY A&, GASUq�T al er G,9d Oar �►'�, f 6 S CONN� CONK. O 1982 � d O By KoriM.Johanson Assistant Secretary, Bond Iravelers �*a� IMPORTANT DISCLOSURE NOTICE OF T INSURANCE COVERAGE TERRORISM On November 26, 2002, President Bush signed i Terrorism Risk Insurance Act of 2002 (the "Act,,). The Act law the establishes a short-term program under which the Government will share in the payment of covered to Federal by certain acts of international terrorism. We are Providing caused y°u with this notice to inform you of the key features of the Act, a nd You know what effect, if any, the Act will have on your premium. let Under the Act, insurers are required to provide certain losses caused by international acts of terrorism aerage for in the Act. The Act further provides that the Feder s defined Federal Go will Pay a share of such losses. Specifically Government the Federal Government will pay 90% of the amount of covered Iosses caused by certain acts of terrorism which is in excess statutorily established deductible for that year. The A f Travelers' the amount of terrorism -related losses for which Act also caps Government or the Federal Government 00,000 000.00 n insurer can be deductible. provided that the insurerhas responsible et its Please note that passage of the Act does not result in any change in coverage under the attached policy or bond o bond being quoted). Please also note that no separatethe policy or Premium charge has been made for the terrorism additional required by the Act. The premium charge that is alloca coverage coverage is inseparable from and imbedded in our to such Premium, and is no more than one percent of your premiumremi °verall . ATTACHMENT TO SURETY BOND Attachment A Christine Morris has signed the foregoing bond in her capacity as Vice President and Treasurer of the corporate entity holding an ownership interest in the principal. • ADDITIONAL ITEM TO • .TUNE 15, 2004 AGENDA NEW BUSINESS ITEM "H" OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 Memorandum To: Mr. Bill Veach From: Marita M. Rice Date: 6/ 10/2004 Re: Property Appraisal Dear Mr. Veach: (863) 763-9460 FAX: (863) 763-9036 Attached is a copy of the appraisal for property located at Southeast 7`h Street, Lot 1 & Adjacent Alley, Block K, Central Park, Okeechobee, Florida, 34974. We just received this today. Mr. Fortner is out of town and in his absence I am forwarding a copy to you. We understand the discussion concerning this property will be on the agenda for the next City Council meeting. If you wish to discuss anything with Mr. Fortner, he will be back in the office on Monday, June 14, 2003. If I can answer any questions, please feel free to call me. Cc: Mr. L. C. Fortner FROM ROBERTSON REALTY & APPRAISING INC 41O N W 2ND STREET OKEECHOBEE, FL 34972 DESCRIPTION APPRAISAL REPORT FOR: INVOICE DATE REFERENCE L-711 619/04 GR TO Okeechobee Utility Authority C/O Tom Conley 401 NW 6TH STREET OKEECHOBEE, FL 34972 Late Fee Robertson Realty and Appraising, Inc. Form NIL — "TOTAL for Windows" appraisal software by a la mode, Inc—1-800-ALAMODE Subtotal g ,E TOTAL AMOUNT 35000 35000 35000 APPRAISAL OF REAL PROPERTY LOCATED AT: SOUTHEAST 7TH STREET LOT 1 & ADJACENT ALLEY, BLOCK K, CENTRAL PARK OKEECHOBEE, FLORIDA 34974 FOR: Okeechobee Utility Authority C/O Tom Conley 401 NW 6TH STREET OKEECHOBEE, FL 34972 AS OF: 6/9 BY: GREG ROBERTSON ROBERTSON REALTY & APPRAISING, INC 410 NW 2ND STREET OKEECHOBEE, FL 34973 Robertson Realty and Appraising, Inc. Form GA2 — "TOTAL for Windows" appraisal software by a la mode, inc.—1-800-ALAMODE 0 0 LAND APPRAISAL REPORT Lkd GR L-711ZPage #1) • File No. L-711 Borrower Census Tract 9905 Map Reference 22,37-35 Property Address SOUTHEAST 7TH STREET City OKEECHOBEE County OKEECHOBEE State FLORIDA Zip Code 34974 Legal Description LOT 1 & ADJACENT ALLEY, BLOCK K, CENTRAL PARK Sale Price $ N/A Date of Sale N/A Loan Term N/A - yrs. Property Rights Appraised X Fee n Leasehold I ] De Minimis PUD Actual Real Estate Taxes $-EXEMPT (yr) Loan charges to be paid by seller $ N/A-- —Other sales concessions N/A Lender/Client Okeechobee Utility Authority C/O Tom Conley Address 401 NW 6TH STREET OKEECHOBEE, FL Occupant VACANT LAND Appraiser GREG ROBERTSON Instructions to Appraiser APPRAISE AS VACANT__ PARCEL #R3-22-37-35-0030-OOOKO-0010 Location Urban [ I Suburban F I Rural Built Up Over 75% [ ] 25% to 75% I .) Under 25% Employment Stability Growth Rate [ ] Fully Dev. ❑ Rapid N Steady I Slow Convenience to Employment Property Values N Increasing I J Stable I Declining Convenience to Shopping Demand/Supply [ ] Shortage In Balance I I Oversupply Convenience to Schools Marketing Time IJ Under 3 Mos. 4-6 Mos. [ ( Over 6 Mos. Adequacy of Public Transportation Present Land Use _,90% 1 Family _ ___% 2-4 Family ------ % Apts. _ % Condo % Commercial Recreational Facilities % Industrial 10% Vacant % _ _ _ Adequacy of Utilities Change in Present Land Use N Not Likely Likely(*) j Taking Place (*) Property Compatibility (*) From To Protection from Detrimental Conditions Predominant Occupancy N Owner [] Tenant % Vacant Police and Fire Protection Single Family Price Range $ 45 to $ 200 Predominant Value $ 75 General Appearance of Properties Single Family Age 5 yrs. tol28 yrs. Predominant Age 12 yrs. Appeal to Market 34972 Good Avg. Fair Poor I l f l l l f I M I Ii- � I N I ! I I)�I11 M L l E--I 11 C.]NCICI [-1NC1C_) Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise), SUBJECT NEIGHBORHOOD WHICH IS 90% BUILT-UP, IS COMPRISED OF MANUF HOMES WITH CANAL LOCATIONS AVERAGE MARKET ACTIVITY IN THE NEIGHBORHOOD. NO ADVERSE OR DETRIMENTAL CONDITIONS NOTED SUBJECT PROPERTY ADJOINS A COMMUNITY SEWAGE LIFT STATION THAT COULD AFFECT THE MARKETING TIME OF SUBJECT — Dimensions 47.9 X 169.3 = 8.109 Sq. Ft. or Acres (_I Corner Lot Zoning classification RMH - RESIDENTIAL MOBILE HOME Present Improvements do n do not conform to zoning regulations Highest and best use X Present use Other (specify) Public Other (Describe) OFF SITE IMPROVEMENTS Topo SLOPES TO CANAL AT REAR Elea I I Street Access N Public I I Private Size AVERAGE Gas [ _] Surface ASPHALT PAVED Shape RECTANGLE Water Maintenance X Public I 1 Private View San. Sewer — 1 f Storm Sewer I I Curb/Gutter _CANAL — ------ --------- Drainage _ADEQUATE [ Underground Elect. & Tel. I Sidewalk I I Street Lights Is the property located in a HUD Identified Special Flood Hazard Area? M No I Yes Comments (favorable or unfavorable including any apparent adverse easements, encroachments, or other adverse conditions): AVERAGE SIZE LOT FOR SUBJECT AREA. NO ENCROACHMENTS NOTED. GOOD STREET CONDITION. LOT APPEARS TO BE ADEQUATELY ELEVATED AND DRAINED NO ADVERSE CONDITIONS NOTED SUBJECT IS LOCATED ON A SMALL INTERIOR CANAL THAT HAS ACCESS TO LAKE OKEECHOBEE The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis. The description includes a dollar adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to or more favorable than the subject property, a minus (-) adjustment is made thus reducing the indicated value of subject; if a significant item in the comparable is inferior to or less favorable than the subject property, a plus (+) adjustment is made thus increasing the indicated value of the subject. ITEM I SUBJECT PROPERTY COMPARABLE NO. i COMPARABLE NO.2 COMPARABLE NO.3 Address PARCEL LYING IN 22-37-35 PARCEL LYING IN 15-37-35 PARCEL LYING IN 35-37-35 PARCEL LYING IN 25-37-35 OKEECHOBEE OKEECHOBEE _OKEECHOBEE OKEECHOBEE Proximity to Subject APPROX 1 MILE NE — APPROX 1.5 MILES SE APPROX 1 5 MILES SE Sales Price $ NIA 1$ 30,000 $ 35,000 Is 34,000 Price Per S/F $ Is 3.69 $ 4.37 Is 412 Data Source FIELDWORK PUBLIC RECORDS/GRANTEE PUBLIC RECORDSIGRANTEE PUBLIC RECORDS/GRANTEE Date of Sale and DESCRIPTION DESCRIPTION+H$ Adjust. DESCRIPTION I+(J Adjust DESCRIPTION +j-)$ Adjust. Time Adjustment Location Sales or Financing Concessions XL (Total)____ Indicated Value N/A Central Park / Avg Ij .186 ACRES +- NIA N/A DEC 2003 _River Run / Avg 186 ACRES +- CONVENTIONAL -0 + - ❑ --- $ MARCH 2O03 NOV 2003 Taylor Crk Isles/Sup -5, 000 Treas Island / Sup_T_ _5 000 .183 ACRES +- .189 ACRES +- CONVENTIONAL I CONVENTIONAL [+ 5,00[LI + � - $� 5,000 of Subject ) I Net % 1$ 30,0001 Net 143 % 1$ 30,0001 Net 14.7 % 1$ 29,000 Comments on Market Data: THE ABOVE SALES ARE CONSIDERED TO BE THE MOST RECENT AND BEST AVAILABLE IN THE SUBJECT AND COMPETING WATERFRONT NEIGHBORHOODS. SALE 1 IS SIMILAR IN LOCATION WHILE SALES 2 & 3 ARE SLIGHTLY SUPERIOR. SALES ARE SIMILAR IN LOT SIZE TO SUBJECT, EQUAL WEIGHT IS GIVEN TO ALL SALES. Comments and Conditions of Appraisal: VALUES IN THE SUBJECT AND SURROUNDING AREAS CONTINUE TO INCREASE PER ACRE DUE TO THE HIGH DEMAND FOR WATERFRONT LOTS AND THEIR LIMITED AVAILABILITY Final Reconciliation: BASED ON THE ABOVE SALES, WHICH ARE CONSIDERED TO BE THE BEST AVAILABLE TO GIVE AN ADEQUATE INDICATION OF MARKET VALUE, THE ESTIMATED VALUE OF SUBJECT PROPERTY AS "VACANT' IS $29,500 PER LOT I ESTIMATE THE MARKET VALUE, AS DEFINED, OF SUBJECT PROPERTY AS OF 6/9 20_04 to be $ 29 500 ST Ti ED RESIDENTIAL APPRAISER RD 0001743 EG ROBERTSON I I Did I _ -1 Did Not Physically Inspect Property Appraiser(s) Review Appraiser (if applicable) K] Robertson Realty and Appraising, Inc. Form LND — "TOTAL for Windows" aporalsal software by a la mode. inc.—1-800-ALAMODE PHOTOGRAPH ADDENDUM [File No_L-7111 Page #2l Borrower/Client Pronertv Address SOUTHEAST 7TH STREET ICity OKEECHOBEE Countv OKEECHOBEE Lender Okeechobee Utility Authority C/O Tom Conley State FLORIDA a �r Zio Code 34974 FRONT OF SUBJECT PROPERTY REAR OF SUBJECT PROPERTY STREET SCENE H Form GPIC3X5 — "TOTAL for Windows" appraisal software by a la mode, inc.—1-800-ALAMODE 0 0 Lilt No. L 711 Page #31 PHOTOGRAPH ADDENDUM Borrower/Client Property Address SOUTHEAST 7TH STREET City OKEECHOBEE County OKEECHOBEE State FLORIDA Zip Code 34974 Lender Okeechobee Utilitv Authority C/O Tom Conley Form GPICPIX -TOTAL for Windows" appraisal software by a la mode, inc.—1-800-ALAMODE Supplemental Addendum F�ieNo=��1ZPa�#4 File No. L-711 Borrower/Client Property Address SOUTHEAST 7TH STREET City OKEECHOBEE Countv OKEECHOBEE State FLORIDA Zip Code 34974 Lender Okeechobee Utility Authority C/O Tom Conley ADDENDUM. ASSUMPTIONS AND LIMITING CONDITIONS This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Practice for a Summary Appraisal Report. As such, it might not include full discussions of the data, reasoning and analyses that were used in the appraisal process to develop the appraiser's Opinion of Value. Supporting documentation concerning the data, reasoning and analyses is retained in the appraiser's file The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. DIGITAL SIGNATURES: THE APPRAISAL IS AFFIXED WITH DIGITAL SIGNATURES AND WAS TRANSMITTED ELECTRONICALLY TO THE CLIENT IN A SECURED READ & PRINT ONLY FORMAT. WE CERTIFY THAT THE DIGITAL PICTURES HAVE NOT BEEN ALTERED AND THE APPRAISER MAINTAINS SOLO CONTROL OF THE DIGITAL SIGNATURES. DIGITAL PHOTOGRAPHS: THERE IS NO INFORMATION IN THE PHOTOGRAPHS THAT WOULD BE AVAILABLE IN COLOR AS OPPOSED TO BLACK AND WHITE PHOTOGRAPHS. Form TADD — "TOTAL for Windows" appraisal software by a la mode, inc.—1-800-ALAMODE 0 0 Borrower/Client Plat Map Property Address SOUTHEAST 7TH STREET City OKEECHOBEE County OKEECHOBEE Lender Okeechobee Utility Authority C/O Tom Conley I 0 State FLORIDA IFile No. L-711 Page #51 Zip Code 34974 Form MAP.PLAT -TOTAL for Windows" appraisal software by a la mode, Inc.—1-800-ALAMODE LFt e N10- L-71 Comparable Sales Map Borrower/client Property Address SOUTHEAST 7TH STREET City OKEECHOBEE County OKEECHOBEE State FLORIDA Lender Okeechobee Utility Authority C/O Tom Conley ECHOULE INTY 11011T rive 1 u, 4, Wllcgc {I '1W I A .4 1, fIfi. A IRS R11, 3,I`�Aj- 'Jll A A S NW RT Ar INW 11 f(I'l rT T IF a j6Y1 5f P. AM"NW 2 Lflkd! I f;yj 11 219 Fjd --- _IIIT ZT1. T If. > kX ss 28 MC 114'ST I., r 01-!S _ _�1i1,I u u NE AHK NE i -2 Itvt 13 liffl Sr 4_4 LA: �1141 IF, 4 1 II Zia Code 34974 (I2 PAHK Iv t, 74 t,— —91 IV 1131M d A Will ku S-r .T F7717 ST M1 A C R F 4 S r lisfil 7 �l 23 41 0 EE-HOBEE ? 1'%1, OKLI (.;I ICIB4- nj II )r—n jIATES A N T A F OAKS If Sf. J 11 dk FAY 011 IL sT L J R D W3, 251 Cin 61 ml-AL Y lIl C .14.— L.J L4•It TF �TA -J GF '17 0 S Y V, 47 Z;11�, — 1, J1 'TA I 34 , "5 111 . 33 TOWN ANV lrdull' N C:()1j RY L t[A PAITTVIL4 G 441 Z, I 25 - r. r 23 CT 13RINI )AP zi �-IrHLASMF ISLAND Vi 41 SO I 15 —1" T 3OS' Form IVIAP.Comp — "TOTAL for Windows" appraisal software by a la mode, Inc. — 1-800-ALAMODE [File 711I Page #7� Borrower File No. L-711 Prooertv Address SOUTHEAST 7TH STREET City OKEECHOBEE County OKEECHOBEE V _J State FLORIDA Zip Code 34974 Lender Okeechobee Utility Authority C/O Tom Conley -- APPRAISAL AND REPORT IDENTIFICATION This appraisal conforms to one of the following definitions. [� Complete Appraisal (The act or process of estimating value, or an opinion of value, performed without invoking the Departure Rule.) Limited Appraisal (The act or process of estimating value, or an opinion of value, performed under and resulting from invoking the Departure Rule.) This report is one of the following types: [ 1 Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1 ) N Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.) r1 Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1, restricted to the stated intended use by the specified client or intended user.) Comments on Standards Rule 2-3 1 certify that, to the best of my knowledge and belief' ❑ The statements of fact contained in this report are true and correct. 0 The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions and conclusions. O I have no (or the specified) present or prospective interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the parties Involved. 01 have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. 0 My engagement in this assignment was not contingent upon developing or reporting predetermined results ❑ My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. D My analyses, opinions and conclusions were developed and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. ❑ I have (or have not) made a personal inspection of the property that is the subject of this report. ❑ No one provided significant real property appraisal assistance to the person signing this certification. (If there are exceptions, the name of each individual providing significant real property appraisal assistance must be stated.) Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-3 and 1-4, plus any USPAP-related issues requiring disclosure: THE USE OF THIS APPRAISAL REPORT IS SUBJECT TO THE REQUIREMENT OF THE STATE OF FLORIDA REAL ESTATE APPRAISAL BOARD AND THE REQUIREMENTS OF THE APPRAISAL INSTITUTE RELATING TO REVIEW BY ITS DUTY AUTHORIZED REPRESENTATIVES. f i (WE) CURRENTLY HOLD AN APPROPRIATE STATE _CERTIFICATION ALLOWING THE PERFORMANCE OF REAL ESTATE v APPRAISALS IN CONNECTION WITH FEDERALLY RELATED TRANSACTION IN THE STATE OF FLORIDA IN WHICH THE SUBJECT PROPERTY IS LOCATED - AS OF THE DATE OF THIS REPORT, I (WE) HAVE COMPLETED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS OF THE APPRAISAL FOUNDATION AND THE STATE OF FLORIDA. I (WE) CERTIFY MY (OUR) EDUCATION, EXPERIENCE AND KNOWLEDGE IS SUFFICIENT TO COMPLETE THIS APPRAISAL ASSIGNMENT, THEREFORE NO ADDITIONAL STEPS WERE TAKEN TO COMPLY WITH THE COMPETENCY PROVISION OF THE_ UNIFORM STANDARD OF PROFESSIONAL APPRAISAL PRACTICES. V NO ONE PROVIDED SIGNIFICANT PROFESSIONAL ASSISTANCE IN THE PREPARATION OF MY APPRAISAL. APPRAISER: Signature: Name: GREG R04�ERTSON Date Signed: June 09, 2004 State Certification #- RD 0001743 or State License #' RD-0001743 State: FL Expiration Date of Certification or License: 11/30/2004 SUPERVISORY APPRAISER (only if required): Signature: Name. Date Signed: State Certification #: or State License #- State: FLORIDA Expiration Date of Certification or License: 11/30/00 � I Did 1 _1 Did Not Inspect Property Robertson Realty and Appraising, Inc. Form ID5 — "TOTAL for Windows" appraisal software by a la mode, inc.—1.800-ALAMODE File No L_711 _Page #81 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. * Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily Identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that Is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and Improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert In the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the Information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations, any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 10048 6-93 Robertson Realty and Appraising, Inc. Fnrm ACR — "TnTAI fnr Winrinws" annraisal snftware by a la mnda inc — 1-RM-AI Amu 0 0 0 0 e_No_L 711I Page #] APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1 I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item In a comparable property Is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties In the vicinity of the subject property 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal Is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: SOUTHEAST 7TH STREET OKEECHOBEE, FLORIDA 34974 APPRAISER: SUPERVISORY APPRAISER (only If required): Signature:,._,/;,��„_ Name: GRfzG RORERTSON Date Signed: June 09, 2004 State Certification #- RD 0001743 or State License #: RD-0001743 State: FL Expiration Date of Certification or License: 11/30/2004 Freddie Mac Form 439 6-93 Signature: Name: Date Signed: State Certification #- or State License # State: FLORIDA Expiration Date of Certification or License: 11/30/00 Did j Did Not Inspect Property Page 2 of 2 Fannie Mae Form 1004B 6-93 Form ACR — "TOTAL for Windows" appraisal software by a la mode, Inc.—1-800-ALAMODE MIS #: 8744 Class: Status: SLD Price: $4 ,750 &00 Type: RESIDENTIAL LOTS For Sale Address: 3527 SE 27TH STREET 1 City: OKEECHOBEE LK OKEECHB: YES ,.. ZIP: 34974 Area: Isles/Treasure Island 00ftwomm Agent: RENFRANZ, DONALD A - (863)467-2930; TAYLOR CREEK REAL ESTATE - (863)763-7312 General Asking Price: $50,000 Improvements 3: guarantee permitability. Listing Agent 2: House Agent Improvements 4: Sold strictly "As Is". Listing Office 2: TAYLOR CREEK REAL ESTATE Dimensions: 75 x 110 Comp -TB: 2% Description: Existing O.U.A. water meter on lot as of 4/9/04. Comp -BB: 2% Description2: No seawall. Nicely treed. Comp -NON: 2% Restrictions: Caunty RM-zoning codes. Owner Name: THOMAS, Donald E. & Ellen P. Canalway: Yes. Parcel #: 1-25-37-35-00704)0060-1200 Zoning: RM Listing Date: 04/09/2004 Legal 1: Lot 120 TREASURE ISLAND, Subdivision: TREASURE ISLAND Legal 2: UNIT 6,...Plat Book 3, Total Acres: 0.00 Leo 3: Page 57....Okeechobee Electric: "As Is" Legal 4: County, Florida. Improvements 1: There is an existing Directionsl. Treasure Island Improvements 2: septic tank --cannot Original Price: $50,000 Features * WATER * ROAD TYPE OUA PAVED *SEWER * CONDITION SEE REMARKS SUBDIVIDED SEE REMARKS Financial HEX: No. Tax Year: 2003 Taxes: $554 Financing Terms: Cash -to -Seller at closing Remarks VACANT LAKE -ACCESS WATERFRONT LOT! NO FIXED BRIDGES TO TAYLOR CREEK! MAY ALLOW COUNTY-APPROVED/CONFORMING NEW DOUBLEWIDE, OR HOUSE. ALL OFFERS MUST STATE ALL IMPROVEMENTS BEING PURCHASED "AS 15 & WHERE IS". USE VACANT LAND FORM. EXPECT FIRM AT PRICE. Sold How Sold: CASH Selling Agent 1: DAVIES, DEBORAH Contract Date: 04/20/2004 Selling Office 1: COLDWELL BANKER BERGER Closing Date: 05/18/2004 DOM: 39 Sold Price: $49,750 06/15/2004 03:04 AM 1 MLS #: 8680 Class: Status: SLD Price: ,000 Type: RESIDENTIAL LOTS For Sale Address: 2106 SE 8TH AVENUE City: OKEECHOBEE LK OKEECHB: YES ZIP: 34974 Area: Okeechobee Agent: BEASLEY, BEVERLY - (863)634-8794; OKEECHOBEE LAND COMPANY - (863)763-2262 General Asking Price: $49,900 Total Acres. 0.00 Lasting Agent 2: House Agent Electric: AVAILABLE Listing Office 2: OKEECHOBEE LAND COMPANY Area Type: RESIDENTIAL Comp -TB: 5 Improvements 1: MOWED Comp -BB: 5 Dimensions: 80X96.85 Comp -NON: 5 Restrictions: OF RECORD Owner Name: BETTY ANN GRANT Canalway: TAYLOR Parcel #: 1-27-37-35-0A00-00003-0018 D rectionsl: SE 8TH AVE, OFF HWY 70 E Listing Date: 10/03/2003 Directions2: TO 2106 ON RIGHT Subdivision LUCY ISLAND Original Price: $49,900 Features Remarks VERY NICE LOT ON TAYLOR CREEK IN LOVELY LUCY ISLAND. NO THRU TRAFFIC, CONFORMING D/ W OR BUILD HOME. 80FT +/- OF WATERWAY, FRUIT TREES AND ONE BIG SHADE TREE. WATER, METER, SEPTIC, INSPECTIONS BY BUYER. SOLD "AS IS" Sold How Sold: CASH Contract Date: 01/09/2004 Closing Date: 02/17/2004 Sold Price: $45,000 Selling Agent 1: DAVIES, DEBORAH Additional Pics Selling Office is COLDWELL BANKER BERGER Selling Agent 2: House Agent Selling Office 2: OKEECHOBEE LAND COMPANY DOM: 137 it vain 11 ' • I WIN 06/15/2004 02:58 AM CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: June 9, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION I GRIT — The attorneys have reviewed and the Mayor has executed the settlement AND GENERAL agreement with GRIT. As indicated before, Steve Robbins will remain on board and SERVICES work closely with John Cook regarding the re -insurance issue. Industrial Park — The construction phase of the project is underway. CAS has authorized the final planning for the rail spur and Gene Schriner continues to confirm a comfort level with the overall grant budget for the project. Early indications from contractors are that the bridge will be completed by October 1. The earthwork, streets, sewer and water are scheduled to be completed by Thanksgiving. The lift station should be installed by Labor Day. Only the rail spur remains to be awarded and scheduled. However, that must occur before EDA will reimburse expenditures. Downtown Streetscape Project — Construction on the downtown project began on May 12. While the scarcity of concrete has caused minor delays, we are still on schedule with the parks portion of the project. Donnie Robertson and Oscar Bermudez will be working closely with the contractor. As you know, there is also a storefront renovation element to the project. The architect is finalizing his drawings and then Nancy will discuss them with the participants, staff and the City Council before final approval is requested from the State. This is a time consuming endeavor and two of the participants, Mr. Wherrell and Mr. Conlon, seem to be growing impatient with the timeline and intolerant of the guidelines. Staff will continue to attempt to address their concerns. Impact Fees — Last week, I again spoke with George Long. He reports he continues to gather information from surrounding counties who have already implemented impact fees. When he is comfortable with the background materials, we will proceed with developing an RFP. ADMINISTRATION OUA — We await notification that OUA has received the engineer's preliminary report. AND GENERAL It is anticipated it will be in hand sometime in June. SERVICES CONTINUED Questions have arisen regarding the attendance of City appointees to the OUA Board. OUA indicates that they held 20 Board meetings last year. Bob Oliver attended 18. George Long attended 17. Steve Nelson attended 8. Boards and Committees — The following are very brief notes related to some of the local Boards and Committees on which I represent the City. I have been selected as 2004-05 Chairperson of the Academy of Finance Board. The Chamber of Commerce continues to discuss possible relocation of upcoming events. Shared Services has sent several local entities (including the City) a request for $8,000 in continued funding. They have cancelled their July meeting. The Economic Council continues to focus on OUA related issues. The Local Mitigation Strategy Task Force has completed an extensive update to the LMS. PUBLIC WORKS Donnie Robertson's staff continues with their efforts related to modification of the 4t' Street boat ramp. In working with DEP, a baffle box must be installed before the project can be completed. However, the ramp is open for use. A Notice to Proceed has been issued with regard to this year's street projects. The authorization was given for work to commence on June 6. This should allow ample time for the completion of street projects prior to the winter tourist season. CODE As was previously reported, Sammy Hancock has notified the City of his intent to leave ENFORCEMENT his current position. He will work with Chief Smith to help train his replacement, Jim Byrd, and will remain available on a limited basis, as needed. FINANCE Lola Parker continues working with the auditors in finalizing this year's audit. As soon as it is completed, we will ask the accountants to make a related presentation to the City Council. Health Care bids will come before the City Council on June 151h. We received limited response, which I will detail in my "NOTES" that you will receive prior to the next City Council meeting. It would appear that our health insurance costs will increase by 28- 30% if we keep our current coverage. An informal survey of several staff members indicates that they would favor keeping their current coverage. 2 T .y� aim_ ., ,.�,,. •w . .x?ry:�, '''�,�y,}+;�°�'•• > _ s=;.r,�;F=".a.a.�rz.at�::,>;�t.��,. �'+. :�.y; t�£ (,�� I ��4`t�,�s'�yq;. � 5ri � v%, � �` - - 9�� '� - yts 1 �r•+�'P�'� 3 POLICE The Department has encountered difficulties of late related to noise complaints. This DEPARTMENT iseue may soon be an item that comes before the City Council. Staff is working with t'Ae City Attorney to clear up vague or conflicting areas within the City's noise ordinance guidelines. FIRE Chief Smith reports that he continues to work with the service provider towards the DEPARTMENT installation of a new repeater system. This will enhance communication capabilities and improve safety for our on scene safety personnel. The Chief will also recommend the City Council raise the base pay for the Battalion Chief. When the step pay plan was adopted last year, we knew that in certain areas pay schedule inequities existed if a long-term employee were to be promoted. This is one such example. Chief Smith would like to promote Billy Douglas to Battalion Chief but it would result in a pay cut. CITY ATTORNEY The following are included in the items I have asked Attorney Cook to address. 1. GRIT issues. 2. Recommendations related to reversionary action in alley closings, etc. 3. Noise ordinance issues. 4. Hamrick Trust — John is in discussion with the County Attorney on this matter. 5. Research annexation issues. 6. LDR issues, such as conversion of former residential structures to commercial and CBD site regulations and new development within the CBD. 7. Marvin Brantley's continuing situation. 8. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. CITY CLERK Elections — Qualifying week is Noon, August 16 — Noon, August 20. We have 4 candidates that have pre -filed to date. The Clerk will be attending the Annual Clerk's Conference June 14-16. Adriana will be in the office and at the meeting in my absence. The Citizen Boards information sheets have been revised (copy attached). Adrian Berry's last day with the City is Thursday, June 17. 3 Notes for the June 15, 2004 City Council Meeting Warrant Register Public Hearing A. Final reading of Ordinance 860 would amend the zoning map from Single and Multiple Family to Heavy Commercial for the property at 306 NE Yd St. This would allow for the expansion of the Therapy Center, which is located next door. The Planning Board recommends approval. B. Final reading of Ordinance 861 would amend sidewalk construction and maintenance requirements. Donnie Robertson asked John Cook to draft the amendment, which would thicken newly constructed sidewalks to 6" (they are currently 4") and provide for taking precautions when driving over sidewalks. Donnie is concerned about the number of sidewalks that are being damaged without adequate recourse by the City. The LPA recommends approval. New Business A. First reading of Ordinance 862, which would close a portion of SE 2°d St. between 5' and 6" Ave. The intent would be to align with existing streets and square up the eastern most corner while expanding the lots on the southern edge of 2nd St. You will recall, there was an issue of conflicting indicated right-of-ways between various maps. Particularly, if the small triangular land area in question were not in City control, it would appear there would not be enough right-of-way to straighten the street. The City Clerk has not indicated to me that there are definite answers to this situation, as yet. B. The City has received an amendment to the DEP contract related to the 4t' St. Boat Ramp project. The changes are related to timelines. C. Executive Summary of Health Insurance Proposals/Options for 8/1/04-7/31/05 Option 1 — LEAVE HEALTH PLAN AS IT IS. The proposal we received from Group Insurance Options indicates that to renew our existing HMO coverage would result in about a 29% increase in employer costs. That is to say, the City's monthly per employee cost would go from $347 to $452. This means annual premium would go from $271,000 to $349,037 per year. Of course, the City also offers an additional $70.00 per month to each employee who has his or her spouse or dependants on the plan and that would presumably not change. Under this scenario, those employees with dependant coverage would also see a 30+% increase in their out of pocket costs. However, the BCBS rate schedule is a moving target and since the proposals were opened, there have been potential changes. Scott Harris indicates that he is now prepared to offer the City Council a u rate of $438 per employee. This would equate to about a 26% increase, and that percentage would also be reflected in dependant coverage. Option 2 — INCREASE THE EMPLOYEE'S CO -PAY. Group Insurance Options also proposed an option that would renew our existing plan, but with higher co -pays (out of pocket costs for the employees). This proposal would result in about a 20% increase in employer costs. That is to say, the City's monthly per employee cost would go from $347 to $420 with the annual premium increasing from $271,000 to $324,916 per year. Again, the additional $70.00 per month for each employee who has his or her spouse or dependants on the plan would presumably remain. Under this scenario, employees would see their co - pay for office visits, hospitalization and prescriptions increase, substantially. Option 3 — DROP THE HMO AND OFFER A PPO TYPE PLAN - Group Insurance Options also proposed a third option that would replace our existing plan with a PPO. This proposal would result in about a 12% increase in employer costs. That is to say, the City's monthly per employee cost would go from $347 to $371 with the annual premium increasing from $271,000 to $309,043 per year. This plan could mean greater flexibility in treatment options to employees (no referral system, etc.) but would undoubtedly also result in potentially significantly higher out of pocket costs to the employee. Option 4 — DROP BCBS AND JOIN AN INSURANCE POOL — We also received a proposal from EMI, which would involve joining a pool with a network of doctors and hospitals. Their costs were substantially higher than BCBS and thus it would seem a more questionable approach. Note — Staff drafted the RFP to include alternate proposals for employer paid dental and vision care. It was hoped that health care proposals would be received in which the City would realize cost reductions, possibly through slightly higher employee out of pocket expenses. Had that occurred, the City might then have been able to use these savings to provide vision and or dental coverage. Obviously, with the increases in all the health care proposals, the option for the City to provide dental and vision coverage would not be particularly fiscally practical, at this time. Employees may (some currently do) choose to pick up the additional coverage at their own expense. It should be noted that when several employees were asked about the possibility of paying higher co -pays or changing their health care coverage in order to receive City paid dental and vision plans, the overwhelming preference was to keep their plan as it currently is. Scott Harris will be available to answer and BCBS related questions. Whichever alternative the City Council selects, it will go into effect on August 1, 2004. D. Chief Smith has received three quotes for needed updates to the fire department's breathing apparatus for firefighters. Chief requests authorization to make the purchase from Ten-8 at a cost of $18,942.18 This is a budgeted item. In fact, the plan is to spread this expensive purchase over a three-year period, and it is anticipated a similar request will be made in each of the next two budget years. E. Chief Smith requests the City Council raise the base pay for the Battalion Chief to $37,836.41. When the step pay plan was adopted last year, we knew that in certain areas pay schedule inequities existed if a long-term employee were to be promoted. This is one such example. Chief Smith would like to promote Billy Douglas to Battalion Chief, but the promotion would result in a pay cut from $35,177.78 to $33,797.01 with our current base scale. F. The City Council needs to make its annual appointment of a voting delegate to the Florida League of Cities Annual Meeting in August. In the past, the Council has appointed the City Administrator and I am certainly willing to serve in that capacity. However, if a City Councilman plans to attend (none have indicated affirmatively at this point) it would certainly be appropriate to appoint that Councilman as your voting delegate. G. The City Council has received a request approve the Surety Bond Release of the Hanover Insurance Company and approve AON Commercial Surety Services as its replacement pertaining to Adelphia and their required surety bond. John Cook will be able to answer any question you may have. ADDED ITEM The OUA will request that we add an item related to the purchase of the lot they have been discussing (Lot 1). They have had an appraisal done and it has come back at $29,500.00. We will distribute a related exhibit prior to the meeting.