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2004-12-07 Regular MeetingCITY OF OKEECHOBEE DECEMBER 7, 2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: December 7, 2004, Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Shawn Bergen, Everglades Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Action for the November 2, 2004 Regular Meeting. PAGE 10F 15 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the December 7, 2004 Regular City Council Meeting to order at 6:15 p.m. Pastor Shawn Bergen of Everglades Baptist Church offered the invocation; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Chief Davis addressed the Council and thanked them for the opportunity to present the first female Sergeant of the City Police Department. An explanation was given of the procedures for this promotion and Chief Davis furthermore informed the Council that two female officers had applied for this position. The implementation of these promotion guidelines along with the promotion of Dawn Wendt as Sergeant has added a new level of professionalism to the department. Mrs.Wendt was in attendance and was presented her Sergeants badge. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the November 2, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. 1 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 2 OF 15 141 AGENDA IV. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Action for the November 2, 2004 Regular Meeting continued. V. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2004 Warrant Register: General Fund ...................... $471,706.77 Industrial Development Fund ........... $708,709.52 CDBG Grant Fund ..................... $3,225.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. COUNCIL. ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the October 2004 Warrant Register in the amounts: General Fund, four hundred seventy-one thousand, seven hundred six dollars and seventy-seven cents ($471,706.77); Industrial Development Fund, seven hundred eight thousand, seven hundred nine dollars and fifty-two cents ($708,709.52); CDBG Grant Fund, three thousand, two hundred twenty-five dollars and zero cents ($3,225.00); seconded by Council Member Markham. In response to Mr. Watford's question, Administrator Veach explained that the General Fund Warrant Register is a little higher than usual due to timing issues causing two health insurance premiums to be paid within the same month, the quarterly payment to PRM (workers' compensation and liability insurance); and the final payment for Fire Engine 6. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. New Business Item "N. 2" was added by request from Fire Chief Smith to address the Council concerning the communication tower. 142 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 3 OF 15 AGENDA VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 876 regarding Rezoning Application No. 04-009R submitted by K Builders, Inc. - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only proposed Ordinance No. 876 c) City Attorney to read proposed Ordinance No. 876. 2. a) Motion to adopt proposed Ordinance No. 876. b) Public comments and discussion. COUNCIL ACTION - DISCUSSION - VOTE MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:24 P.M. Council Member Watford made a motion to read by title only proposed Ordinance No. 876 regarding Rezoning Application No. 04-009-R submitted by K Builders, Inc; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 876 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE; FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY(RMI, ZONING DISTRICT TO LIGHT COMMERCIAL (CL7) ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 876; seconded by Council Member Chandler Mr. Jim LaRue, City Planning Consultant presented the Planning Staff findings: Report Summary: The current zoning designation assigned to the property does not allow office space as a permitted or special exception use. As such, the applicant is requesting the CLT zoning district. This request, if granted, will bring the subject property into consistency with the Future Land Use Map designation of Commercial. Planning Staff Report Analysis: (1) The proposed use is consistent with the Future Land Use Map and the land use policies regarding commercial development. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Office space is an allowable use under the Land Development Code's permitted uses in the CLT Zoning District. (3) The proposed use will not have an adverse effect on the public interest. The site was previously used as a day care facility. (4) The established land use pattern includes primarily commercial uses. The proposed use is consistent with the surrounding areas. The proposed change will be appropriate for this location and not detrimental to urbanizing land use patterns. DECEMBER 7 20, 2004 - REGULAR MEETING - PAGE 4 OF 15 143 1 AGENDA VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. c) Vote on motion. COUNCIL ACTION - DISCUSSION - VOTE (5) The proposed change from RMF to CLT will not have an adverse impact on the surrounding properties. (6) The proposed use is required to provide a 20-foot setback from adjacent residential properties and adequately buffer this area. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions that have been placed on the subject property are those included in the City's Comprehensive Plan and those found in the City's Land Development Code. (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 Additional Regulations: Additional regulations which shall apply to all uses in the CLT district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Planning Staff Report Recommendation: Based on the above criteria being met, Planning Staff recommends approval. The Planning Board discussed the application on October 26, 2004 and voted unanimously to recommend approval. Mr. LaRue informed the Council that the Technical Review Committee will address the "Additional Regulations" at the time the site plan is submitted. It was noted there is an alley, which will serve as a buffer between the Commercial and existing Residential uses. Mr. Watford questioned the progress of the Planning Board reviewing the existing zoning and land use maps, and whether they would be recommending where the different intensity levels of commercial zoning should stop from Parrott Avenue and North Park Street. Mr. LaRue responded, the Planning Board intends to review this in the Spring of 2005. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 14- DECEMBER 7, 2004 - REGULAR MEETING - PAGE 5 OF 15 AGENDA CLOSE PUBLIC HEARING. Vill. NEW BUSINESS. A.1. a) Motion to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. 04-0010-R, submitted by Chris and Gail Newman - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date c) City Attorney to read proposed Ordinance No. 877 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 877 b) Discussion. COUNCIL ACTION - DISCUSSION - VOTE MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:29 P.M. Council Member Watford moved to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. 04-0010-R, submitted by Chris and Gail Newman; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 877 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 MORE PARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CHID ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Attorney Cook strongly suggested the Council consider a motion for a moratorium on all CBD Rezoning Applications for at least eight weeks, or until a new Ordinance could be adopted, which will be in February 2005. While there was no official action taken on this recommendation, there were no objections stated regarding the moratorium. Council Member Markham made a motion to approve the first reading of proposed Ordinance No. 877; seconded by Council Member Chandler. Mr. LaRue presented the Planning Staff findings: Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards. The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. DECEMBER 7, 2004 - REGULAR MEETING - PAGE 6 OF 15 145 AGENDA VIII. NEW BUSINESS CONTINUED. 2. b) Discussion continued. 1 COUNCIL ACTION - DISCUSSION - VOTE Planning Staff ReportAnalysis: (1) The existing uses have already met the Comprehensive Plan requirements. Th( applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site.(2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. The Planning Board discussed the application at their November 23 meeting and voted unanimously to recommend approval. Citizens Joey Hoover and Suzanne Hoover stated their opposition to the rezoning, as it is presented. Mr. Hoover stated he did not object to the lots which front State Road 70 East from being rezoned. Ms. Hoover lives in one of the two residences within the block. She stated she also did not object to the lots which front State Road 70 East (7 to 12) from being rezoned, since those buildings were built several years ago. However, she did object to Lots 3 to 6 being rezoned, since that building is less than five years old, and a variance was granted for the front set back, parking was not properly addressed, leading to a severe parking problem that exists today. 146 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 7 OF 15 AGENDA VIII. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B. Commerce Center update and street extension approval - Gene Schriner, Craig A. Smith & Associates. COUNCIL ACTION -DISCUSSION -VOTE Staff and Council discussed the issue at length. The Mayor and Council agreed that they should move forward with the motion tonight since it is only to approve the first reading and set the final public hearing date. The Land Planning Agency will be addressing research provided by Attorney Cook and Mr. LaRue regarding the initial intent of the Central Business District. Whether the district should be expanded, if so, to where? Should the existing regulations be only for the area designated CBD now? Should new regulations be created for areas rezoned CBD? This will be discussed at the December 28, 2004 LPA meeting with information and a recommendation presented in time for the final public hearing on this issue. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - NO MOTION CARRIED. Mr. Gene Shriner updated the Council on the progress of the Commerce Center. The matter of concern is whether or not to incorporate alternates into the infrastructure part of the project. Mr. Schriner indicated on a map the area that of the roads that are completed and an area that was not part of the base bid packet. Should this be completed, all roads within the park would be paved and the wastewater system installed. The estimated cost is one hundred ninety- four thousand, four hundred eighty-two dollars and no cents ($194,482.00). At this time, there is a balance of one hundred twenty-seven thousand, six hundred ninety-two dollars and no cents ($127,692.00) of funding, leaving a balance of sixty-six thousand, seven hundred ninety dollars and zero cents ($66,790.00) that the City of Okeechobee would be responsible to pay in order to complete the project. It was also noted that the $66,790.00 was initially half that amount. However, Staff was just informed late today of a mandate by the OUA to install bell connections in the wastewater line that had just been installed or they would not accept the line. Craig A. Smith and Associates (CAS) indicates the bell connections were not part of the original plans that the OUA signed off on. There were seventy-five (75) bell connections to be installed, with a cost of four hundred fifty dollars ($450.00) each. The Mayor and Council Members each stated their concerns with the OUA being able to mandate such an item, after the plans were signed off on and instructed Administrator Veach to send a letter to Executive Director Fortner strongly voicing their concerns. DECEMBER 7, 2004 - REGULAR MEETING - PAGE 8 OF 15147 1 AGENDA Vill. NEW BUSINESS CONTINUED. B. Commerce Center update and street extension approval continued C. Motion to approve payment to Craig A. Smith & Associates for professional services rendered pertaining to FEMA disaster recovery - Gene Schriner, Craig A. Smith & Associates (Exhibit 3). COUNCIL ACTION - DISCUSSION» VOTE Administrator Veach informed the Council that Dale Milita would be exhausting all efforts to obtain an additional one hundred thousand dollars ($100,000,00) on behalf of the City. However, since we do not know whether the additional monies will be granted, the City will need to proceed with the mind set that we will have to absorb the additional costs. Council Member Watford moved to allocate sixty-six thousand. seven hundred ninety dollars ($66.790.00) to comDlete the street and wastewater Dhase of the City Commerce Center; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve a payment request to Craig A. Smith and Associates (CAS) for professional services rendered pertaining to Federal Emergency Management Agency (FEMA) disaster recovery in the amount of ten thousand five hundred fifty-five dollars and sixteen cents ($10,555.16); seconded by Council Member Williams. Project Manager Jay Beaton listed each specific category and the amounts that were forwarded to FEMA: Category A (debris cleaning) $ 37,000.00 Category B (emergency services) $ 52,000.00 Infrastructure (roads) $150,000.00 Buildings (Fire, Police and City Hall) $677,000.00 The communication tower for the Fire Department will be added to this list Council Member Watford questioned the total amount the City will pay CAS when the project is complete. Mr. Schriner responded that there will be two additional pay requests. One, being close to the amount requested tonight. The other will be for approximately two weeks in December. i DECEMBER 7, 2004 - REGULAR MEETING - PAGE 9 OF 15 AGENDA Vill. NEW BUSINESS CONTINUED. C. Motion to approve payment to Craig A. Smith & Associates for professional services rendered pertaining to FEMA disaster recovery continued. D. Presentation and discussion regarding the Downtown Redevelopment Project - Nancy Phillips. COUNCIL ACTION - DISCUSSION -VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Grant Administrator Nancy Phillips, presented to the Council the proposed reconstruction plans for Los Cocos, North Park Tire, Okeechobee Abstract and Wherrell Auto Parts. She explained that there is approximately fifteen thousand dollars ($15,000.00) allotted for each building. A theme was not implemented since these businesses were not contiguous. The proposed packet of designs, plans and bids will be processed in January, with construction to be underway by February, completing the project by the Speckled Perch Festival held the second weekend in March. Ms. Phillips will be meeting with the business owners, who are in attendance tonight, following the meeting to finalize any changes, including paint colors. Each business must first be brought up to Americans with Disabilities Act (ADA) Codes. The preliminary drawing for Park Plaza and Display Systems will be presented as soon as they are finalized. Council Member Watford moved to aaarove the Dreliminary Dlans Downtown Redevelopment Proiect for the following businesses: Los Cocos, Park Plaza. North Park Tire. Okeechobee Abstract and Wherrell Auto Parts;_ seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Ms. Phillips briefly updated the Council on Phase Two of the CDBG Park Remodeling, specifically for parks five and six. Construction should be completed by the Speckled Perch Festival in March. Parks five and six are now being able to be revitalized due to the City receiving full funding of the grant. DECEMBER 7, 2004 - REGULAR MEETING -PAGE 10 OF 15 149 AGENDA V111. NEW BUSINESS CONTINUED. E. Discussion pertaining to the Okeechobee Urban Cluster Map - Bill Ockert, DKS Associates (Exhibit 4). F. Consider Frank Irby as the City's Alternate Member to the Okeechobee Utility Authority Board, term ending April 30, 2005 - City Clerk (Exhibit 5). G. Motion to ratify the appointment of Katrina Vinson Cook to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006 - City Clerk. COUNCIL ACTION - DISCUSSION - VOTE Mr. Ockert of DKS and Associates presented the City and County Urban Cluster Map and explained that being on the map makes some local streets and connector streets eligible for federal funding, should they be applied for. The project is a three step program. Step one was to develop the urban boundary and arterial and collector highway system. Step two was to hold local workshops and finally, Step three, the step that he was doing tonight, present the map to the local governing board for approval. Council Member Watford moved to approve the Okeechobee Functional Classification Urban Cluster Map as presented: seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to appoint Frank Irby as the City's Alternate Member to the Okeechobee Utility Authority Board, term ending April 30, 2005; seconded by Council Member Markham. (This replaces the position left vacant by Robert "Bob" Oliver). VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to ratify the appointment of Katrina Vinson Cook to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006; seconded by Council Member Chandler. 150 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 110E 15 AGENDA VIII. NEW BUSINESS CONTINUED. G. Motion to ratify the appointment of Katrina Vinson Cook to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006 continued. H. Motion to reappoint Lane Gamiotea to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006 - City Clerk. Motion to accept the Certification of the November 2, 2004 General Election Canvass Returns - City Clerk (Exhibit 6). COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler made a motion to reappoint Lane Gamiotea to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Chandler moved to accept the Certification of the November 2, 2004 General Election Canvass Returns; seconded by Council Member Watford. CITY OF OKEECHOBEE ELECTION TOTALS Total registered city voters: two thousand seven hundred -seventy (2,770) Total voted: one thousand eight hundred seventy-seven (1,877) Percent turnout: sixty-eight percent (68%) CITY COUNCIL ELECTION TOTALS Jim (James) E. Kirk received nine hundred fifteen (915) votes. Eric L. Myers received three hundred thirteen (313) votes. Clayton Williams received seven hundred sixty-three (763) votes. Lydia Jean Williams received nine hundred twenty-one (921) votes DECEMBER 7, 2004 - REGULAR MEETING - PAGE 12 OF 15 151 1 AGENDA VIII. NEW BUSINESS CONTINUED. I. Motion to accept the Certification of the November 2, 2004 General Election Canvass Returns continued. J. Motion to adopt proposed Resolution No. 04-12 regarding the November 2, 2004 Election results and terms of office - City Clerk (Exhibit 7). K. Motion to adopt proposed Resolution No. 04-13 pertaining to the Okeechobee Legislative Delegation - City Administrator (Exhibit 8). COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - No MOTION CARRIED. Council Member Chandler made a motion to adopt proposed Resolution No. 04-12 regarding the November 2, 2004- Election results and terms of office; seconded by Council Member Markham. Attorney Cook read proposed Resolution 04-12 as follows: "WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 2, 2004; and WHEREAS, Jim (James) E. Kirk and Lydia Jean Williams received the highest number of votes for City Council Member. (NO W, THEREFORE, be N resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and property executed by the Mayor or designee, as Chief Presiding Officer for the City. That Jim (James) E. Kirk and Lydia Jean Williams be, and they are hereby declared elected as City Council Members and shall hold office for flour (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. INTRODUCED AND ADOPTED in regular session this 7th day of December, 2004." VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IICouncil Member Chandler moved to adopt proposed Resolution No. 04-13 pertaining to the Okeechobee Legislative Delegation; seconded by Council Member Markham. 152 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 13 OF 15 AGENDA Vill. NEW BUSINESS CONTINUED. K. Motion to adopt proposed Resolution No. 04-13 pertaining to the Okeechobee Legislative Delegation continued. L. Motion to approve Impact Fee Study Proposal - City Administrator (Exhibit 9). M. Discussion pertaining to storm debris pick up - Councilman Watford N. Discussion related to observance of the Martin Luther King Holiday - Mayor Kirk. COUNCIL ACTION • DISCUSSION -VOTE Attorney Cook read Resolution No. 04-13 by title only as follows: "A RESOLUTION OF THE CITYOFOKEECHOBEE, FLORIDA EXPRESSING ITS STRONG DISPLEASURE WITH THE RECENT NO TIRCA TION BYADELPHIA CABLE OFITS INTENT TO INCREASE CABLE TELEVISION RA TES TO LOCAL CUSTOMERS FORALL SERVICE FROM BASIC TO EXPANDED CABLE SERVICE, PROVIDING FOR PUBLIC RELEASE OF THIS RESOLUTION, PROVIDING FOR NOTIFICATION TO ADELPHIA MANAGEMENT OF THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There was no official action to approve Impact Fee Study Proposal. Attorney Cook and Administrator Veach will research the benefits for the City and whether it is beneficial to continue with this project due to new information presented by Economic Council Director Joey Hoover. Council will schedule a workshop with the County Commissioners should Staff determine the City should continue. Council Member Watford noted there has been a lot of progress on storm debris pickup since he requested this item be on the agenda. The cut off date from the Department of Transportation (DOT) to pick up debris is December 10 and this has been published in the local newspapers. Waste Management will then resume normal pickup responsibilities. Council noted this has been a learning experience and there will be specific areas addressed clearer when the franchise agreement is renegotiated. It was discussed that the employee birthday holiday would be eliminated in order to add the observance of the national holiday of Martin Luther King, Jr. Day. Council Member Watford made a motion to eliminate the employee birthday holiday and designate Martin Luther King Jr. Day as a holiday. to be effective January_ 1. 2005. After the third call; the motion was seconded by Council Member Markham. DECEMBER 7, 2004 - REGULAR MEETING - PAGE 14 OF 15 153 I AGENDA Vill. NEW BUSINESS CONTINUED. N. Discussion related to observance of the Martin Luther King Holiday continued. ITEM ADDED TO AGENDA: N. 2. Communication Tower proposal - Fire Chief Herb Smith. (Exhibit 11). 0. Discuss City Administrator's Employment Contract - Mayor Kirk (Exhibit 10). COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Fire Chief Herb Smith presented to the Council a proposal from S and S Towers in the amount of twenty nine thousand three hundred seventy dollars and no cents ($29,370.00) for a new communication tower. The tower is free standing with no guide wires and will be placed where the old water tower stood. Council Member Watford moved to approve the emergency sole source proposal from S and S Towers for the amount of twenty nine thousand three hundred seventy dollars and no cents ($29.370.00) for a new communication tower: seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk met with Administrator Veach to renegotiate his employment contract. The following are the proposed changes to the existing contract: $5,000.00 increase in the base pay for the position. Administrator would remain in the step pay plan with all other employees. (The current base pay is $58,102.06 and the Administrator is at step three, which pays $59,858.19).Step three will now be $65,009.32. Dismissal for any reason would require a 4-1 vote of the City Council. (The current contract calls for a 4-1 vote without cause, 3-2 with cause). 154 DECEMBER 7, 2004 - REGULAR MEETING - PAGE 15 OF 15 AGENDA Vill. NEW BUSINESS CONTINUED. 0. Discuss City Administrator's Employment Contract continued IX. 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. C' Clerk tapes are for the sole purpose of backup for official records of the Clerk. ATT ST: James E. Kirk, Mayor 4Laneemiotea, MC City Clerk COUNCIL ACTION - DISCUSSION - VOTE Administrator would receive six month's salary plus the balance of any accrued vacation leave as severance pay in the event of dismissal. (The current contract allows for four months severance). Should the Administrator resign and give written 30 day notice, he will receive paid benefits in the same manner as any employee leaving in good standing with proper notice. Any new agreement involving an increase in pay is retroactive to October 1, 2004, the point at which the previous contract expired. The new contract is for a term of two years. There was a lengthy discussion, Council Member Williams moved to add the proposed contract modifications as written above to the Administrator's contract, effective October 1. 2004: seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the Agenda, Mayor Kirk adjourned the meeting at 9:45 p.m. The next regularly scheduled meeting is January 4, 2005. Page -1- Tape 1 aide A CITY Ur UKttt:nUts= - uecem eWi 21P -Regular jl CouncifAf �-�-- -- HANDWRITTEN MINUTES L --CALL-M.-ORDER =. 2004,. v Co, incol Real, nation - - H. . Invocation giv"Pastoi ES11 lawn Blergen, Ewg.lades Bapt►st -G4*reb; - - - - -- Pledge of Allegiance led by Mayor. MAYOR, III. MDC ._COUNCIL AND STAFF ATTENDANCE - C lerk. ._...__ Present Absent _ -- -- -14ayorzidmidt, E. Wik i -_Eeunsi►I-Member-LewFy Wrkham- _._._ _._-_- - ._.___..._.._ ----- - Council.Member-Dosdiag..- _CQ�n�il Mmlr Clayton Williams--- - - - -- } City Attorney John R. Cook City Administrator Bill L. Veach Clerk Lane Gamiotea Deputy Clerk Melisa Eddings P"%- b-dam-K IV. MINUTES - CIty- Clerk. ��_�'. ed to dispense with he readinga d a -rove t�um� �V bo ni A. Council Member mov p pp �ary of �9WX- y- 'lam CouAcil..Actwn for-.tf�e. Nauember_2, 20II4__ Meettngr._secanded h Oouncil-.. tuber-_-- _--. -- VOTE YEA MAY ABSTAIN ABSENT CHANDLER MARKHh1M - _WATf.ORD -- - - - - - - - - WILLIAMS MOTION: - - - ; _ VREGISTER- ._ __.___._ _ _-. --------- A. Council Member moved to approve the October 2004 Warrant Regist�r in the - amounts: General Fund, i�ourfiun reciseventy-one�ousand, seven hundred six dollars and slreri yi- - - - _ seven..rents- ($471,7Q6..77);1ndustrial Deyelo ment Fund,_s_even hundred ei ht thousand; seven ___. _ _ a _C? �___ fl_ hundred nine dollars and fifty-two cents ($708,709.52); CDBG Grant Fund, three thousand, two #un ed- tw +vim dollars -and z cents {$3,�-_seconded-by.---Council__�l�amber - 2n? VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM - _- - __ WAT.FORD WILLIAMS l • • P&P-2- VI. AGENDA - Mayor. A. 'Requests fbr the addltlors, (teferral"or wlthdrawar of iteriis`on-today's agenda. Vtt: tYtAYOR tftittf f'FIE iC kT . .- A.1. a) Council Member made a motion to read by title only proposed Ordinance No. 876 �nsnddiy�ppiireardingRca on No.4=bbb_subm` ed 6y�K Rudeisecoeounci Member . b) Vote on motion to-read-by.Us-onlf-proposed ©W!Aan� No. 876.. . VOTE YEA NAY ABSTAIN ASSENT KtRK - CHANDLER AlfAla(HAfiA _ WATFORD WILLIAMS . c) AttorneyGook-read-prepesedOrdiname No. 876 by title only as fo4ows:., r ..TkIE- CITYOFOKEECHOBEA FLON/DAAAIIENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE 'P�#CTiF ;fR9M RESIDENTIAL MULTIPLE FAMILY(RM19 ZONING DISTRICT TO LIGHT COMMERCIAL (CLn ZONINfs kJi��reil:r, wertr� i�td `iHE'. d�U�i��ild A�F ��:r.'1�r iita'1.Y, i��ttr��i�ts' FOR CONFIXTS, SEVERAB/UTYAND AN EFFECTIVE DATE " 2..a) Council Member 1 LAi moved to adopt proposed. Ordinance No. 876; seconded by Council Member b) Public comments and discussion. Ki-hhing STaiffReport'Summary: The current zoning designation assigned to the property does not allow offlob space as a permitted or special exception use. As such, the applicant is requesting the CLT zoning dist6'ct. This request, if granted, will bring the subject property into consistency with the Future Land Use Map designation of Commercial. Planning Staff iteportAnaiysis: (l) The proposed use -is consistent with -the -Future -Land Use Map and the land�use policies regarding commercial development. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. Office spice is an allowable use undi'r the Land Development Code's permitted uses in the CLT Zoning_District. (3) The proposed use will not have an adverse effect on the public interest. The site was previously used as a day care facility. (4) The established land use pattern includes primarily commercial uses. The proposed use is consistent with the surrounding areas. The proposed change will be appropriate for this location and not detrimental to urbanizing land use patterns. (5) The proposed change from, RMF to CLT will not an adverse 4mpact on the - surrounding properties. (6) The proposed use is required to provide a 20-foot setback from adjacent residential properties and adequately buffer this'area. M'The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions that have been placed on the subject property are those included in the City's Comprehensive Plan and those found in the City's Land Development Cade. (40) The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Planning Staff Report Summary and Conclusion prior to Certification: This request is consistent with the Comprehensive Plan as stated in criteria 1 of the Planning Staffs Status Report. � ; | RqgUlaflongs Pla. n to. ig Stalf Repo. t Addiflonall Additional regu ations wh2ch ap**6-u"t -T district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading reggulati h,s. (3) Planning StWR9pcRt Recornnoncladon: Based on the above criteria being met, Planning Staff reco mends an office. �, �{� Ll� r - ' - --- -- -- --' - `-- -- `- -- -- ----- - - `--` | ~ � �--- -- - '-- -- --- ' ---' --- --- -- --- --- '4`— - - | |� �- ---- ' --- -- - - --- ----- -- -- ---- -- ---- ' '- -- |� '-- ` ! � ! --'--- -- --'- -- - - ---' -- -- ---' ---'-- ---- --- ---r� -----'---- - ' - - - - '---- — '- - --- ---------- --- -- f� -' - ` � ------' - -- - -- - - - - - -- - r -- ^ VOTE YEA MAY ABSTAIN ABSENT CHANDLER '-_WATFORD VALLIAMS � MOTION: D DENIED. � MAYOR@URK CLOSED THE PUBLIC HEARING AT P.M. 11. a Council A.) Member made a motion to read by title only and set January4, 6 as i dng date for Ordinance No 877 regarding Rezoning A licatio No_04-00; submitted by Chris and Gail Newman; seconded by Council Member b) Vote on motion to read by title only and set final public hearing date. -VOT . - mAT An�i i wn - -- --- - - - - - KIRK _ - --- CHANDLER - --MARKHAW t. WATFORD WILLIAMS MOTION: ARRIE DENIED. c) Attorney Cook read proposed Ordinance No. 877 by title only as follows: "ANORDINANCEQI CITYOFOKEECHOSEE, FLORIDA AMENDING THE OPHUTAL lumuw MAP OFOKEiI:CWk BYREZONINGACERTAINTRACTOFLANDMOREPARTICULARLYDESCRIBEDHEREIN, HEAVY COMMERCIAL (CHID ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZQ _ Y,P1�QYl _DING FOR CONF' SEVERABILITYAND AN EFFECTIVE DATE." A. 2. a) Council Member made a motion to ap rove the first reading of proposed Ord!,i ----- - --- ---- - - --- ---No. -87T- seconded by Council r-- - -------- ---- - - -- - - - -- b) Discussion. -- -- -- --- - - � --- -- - -- Planning Staff Report Summary: The applicants are requesting this rezoning in order to be re ieved City's Land Develapmeen-t RegulaWns. T. CBD ---- -_- _ Zoning District would give the applicants more flexibility in uses that could be accommoda d by - - ds {see Parking a�lowirig atter��ilv�e Na�A�►�y a��J b��- - the CBD Zoning District). The issue to be decided is whether this specific land area officially longs within a CBD Zoning Distnct. - Planning Staff Report Analysis: (1) The existing uses have already melfhe Corn reTiensi Plan - _ -- - _ fequp#e•-Tappl'caaL-,-are-noLpresentlf -pmpos-bgto Chan e_anyof the existing uses a ready on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long - - - — ---astheOBQzv,,;, ,v D;*Mctcharaeteristies are present atthis- i ozone --._--- -- --- the property to the CBD Zoning District is appropriate under the Land Development Regulatiooh . The existing uses are also allowed uniler fP-1970nfng Dials;ul ai,d ---- The -applicants request should not have an adverse effect on the public interest. Traffic I pacts will be minimal as long as age uate piiking is available when eo Te are conducrm busmen e - ---- - _ _ ciazenter___ The CBD._is.-appro�nate for this location_ The.' urrent businesses have already been considered compatible with adjacent land uses. These uses; re noT - ---- - detrimental -to urbanizing !and se patterns: In9ress.aadegress#o-the-subjectprop wi I red ain the- -- ---- - same. To lessen parking for the area, the applicant will still have the burden of showing ho street - - -parking or otfieaTk r-plrig aflel I IdliM0 carrtessen the -normal off-street-parkingrequirements The. proposed use will not adversely affect property values or living conditions, or be a deterrerj to the improvement or development of adtj&ent-property. -(6) The existing and proposed uses--;- - - __._._ knpaacts_on the _surrounding_uses._Staff_sees no need to impose buffering requirements u �on the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impa I I of the - ff proposed distrietrroiN not create-adensitypatterri-that-wouldaverburdenpublic_facilities. (81-$ __ _oes --- --- not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It s't�ll is the hdrdenoftheappitantto-deiiluiislialrwhy parking-requkernentsshould belessenedfor this tion-- --- ___ (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In t ct, the CBD Zoning District will be granting more_ lexibility to the applican-ts:-('10)i<10-speciatpn -iteg wilfbe - -- granted to the applicants that are not already allowed under the Land DevelopmentCode's regulations. �P P writ a, _ all- en Yes, ,` � � � � l�-re. ry�-n�-rv�, �rzu..¢.�.s �.•-ic.8. vim -7o k Pe.5t-A , aff-d, X �; , cork - p U-4�&C) �, e•so� wl �,8 �J all" bt4-jU- 6J/ Xb s4b"-ks Ld-o use wad- c We n --lam s on6 tS mar a,� AJ6 U)W elelxt�luk fev-A'A IzJk,x�, 40 z�t _. �annTng S epoit�ummary andConcTusion prior-io a ifica : The gu-bJectpropel ly is 6estgnated---- - - - __ Commercial on the adopted City- of Okeechobee Future Land Use Map_ and the applicants' request is consistent with the Future Land Use designation. .._.---- --_ Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the rerUest to - - - -- _�-- ----- ---- rezone [I.,- Nai..cl `�rOTn"Fi�i_ tor"�$pU -,• Ithe � � �c.�.u'� � � � � , �, �.ded--�_�'- 8�f0Ve�"Qs___tt'"-iS- f.�flSlSteRt - Comprehensive Plan and Land Development Regulations. 40- - r ----- Nme-on-motion-- YQTE YEA NAY ABSTAIN ABSENT CHANDLER - - WATFORA WILLIAMS Center -ttodete--end street--extension--appFeval----Oana Vic, -- Associates.. Vill Jt -- Pap 41- C. -CouncItMember moved to approve a payment -to Craig -A. Smith A Associates for professional services rendered pertaining to FEMA disaster recovery in the amount of ten thousand f lve_h6ridred-lifty-five dollars and sixteen -cents ($_10,5515.16) - Gene ScKdner, Cr6ig A. Sffiffi-& Associates (Exhibit R seconded by Council Member YM - --- -YEA- --NAY ABSTAIN -ABSENT KIRK MAOKHAM -WAIMM WILLIAMS MOTION: NIED.- *i::� /7ltS Jeg� J 7, 6616, 619?(Z, Zqcwe 4,- L . aiVi.'� C&edS T+ qe&f4k of 4X � 6 !_55 � tedzilob 7-6 r-�� /et*kel 416,1_ 1 4w vu lae_AA 94 9-11t AIL ~--�-- '--- ----�r----' -�- - -- -----�---�' - �� ' ' - -- -------��-� �I ._ __ _ _ _._ _ -__ __ - ._. t. __ _. __- .-_ _.. ._ ._ __ _ i I _. __ ----- - --' ---- - - -----' ----- ' --- ------- - - ---- - - 7 ---' - - - --- --- -- ---- �| �- - --- - - ! — - - ; | � � � � ! Page -9- F. Council Member moved to appoint Frank Irby as the City's Alternate Member to the 0keedho5WV "1 06 "Bogtd,-to?M'ending ApMt3O,2005"tlqVMMxMW4,secondeM Council YM YEA, NAY A%JINN ABSENT KIRK 9 CHANDLER MARKHAM WILLIAMS AA-L-EDTbEM. G. Council Memberl-7r, made a motion to ratify the appointmentofKatrina Vinson Cook to .the General EmployeeTensign-Boad of To-Atm ' tpfm bbQQ'nning January 1, 2005 and ending December 31, 2006; seconded by Council Membevlj--#-�� VOTE YEA NAY ABSTAIN ABSENT CHANDLER wo(HAM WILLS H. CouncilMember t4JtxA-- -madearotion tomappointLem-Gamioteatotkw-,efwaI Employee Pension Board of Trustees, term eginnin anuary 1, 2005 and ending December 31, 2006; sdaMd—un & by Cdff Member/11, VOT *EA NAY ABSTAIN ABSENT CHANDLER WATFORD VDENIED. I Az� CaundilMemtber -N� moved"o--acceptthe certification of the 2"ove Election Canvass Returns -City Clerk (Exhibit 6); seconded by Council Member CITY.-OPOKEECHOBEE: IS ECTION__TOTALS___.._ Total registered city voters: two thousand seven hundred -seventy (2,770) Total -voted: one thousand. eight hundred-seventy-seven-(1,877) Percent turnout: sixty-eight percent (68%) CITY COUNCIL ELECTION TOTALS Jim (James) E. Kirk received nine hundred fifteen (915) votes. Edc. L. Myers -received three. ,ftundredAhjrteej1_aj3) votes. Clayton Williams received seven hundred sixty-three (763) votes. Lydia-Jm Williams redleived-nine-hundred twenty-one( 91)-votes. VOTE KIRK CHANDLER- MARKHAM WATFORD- WILLIAMS YEA NAY ABSTAIN ABSENT Pag6 40- J. Council Member 214_�A made a motion to adopt proposed Resolution No. 04-12 rega� ing the 0 November 2, 204 lection results and terms of office -City Clerk (Exhibit council - Member A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORONG AND REQUES2THAT FO 80%&N. CERTAINITEM, _8ErftSwVn:L0ju7HEOXEECH tEWSLATIVEDELEGAW I "vw ww80' VE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE', RTHE INTBEOFFIQLAIJAPISM71 - TE.-- WHItottAs, the City -of Okoochobee 2005 LEGISLA JIVE SESSION, PROVIDING AN EFFECTIVE DA is -meeting -in official session on December 8, 2004 to receive public commeo' t and to discuss legislation of local interest for inclusion into their official requests-' to the Florida Legislai6ire in the upcomingsessiorr, andl-WHEREAS, the-C4tyof0keechobeehas-determined thateerWn Hems oflocoi concern are important to the City and its citizens, as well as. Okeechobee County as a whole, and these items n heir co importance should be communicated- to the Okeechobee- Legislative Delegation for presen ='to,and consideration by, the Legislature in such upcoming session WHEREAS, the City Council for the Cityo� Okeechobee believes that the following listcomprisesft-items of most critical concemat-this time; and wis to -approve same for submission -to the Legislative -Delegation, which request serves a vital and4gitimaild - _ - - municipal purpose; THEREFORE BE IT RESOLVED AND APPROVED, by the City Council for the City of Okeechobee, Florida: -THAT the City Council is requesting that the Legislative Delegation introduce and support the requests made on behalf of not only the City, but also Okeechobee County, and the Okeechobee Utility Authority, for presentation to, and consideration by, the Florida Legislature for the 2005 sesson, which requests include OUA Sewer Capacity Issue Canal Clean Up Program Mosquito Control Program Oko echobee Commerce Center - RESOLVED, FURTHERthaton the 70 d6yof December 2004-thatthe Cityof OkOechobee officiallysubmits and requests support of these issues by the Okeechobee Legislative Delegation RESOLVED; FURTHER that this resolution shall become effective immediately upon passage thereof INTRODUCED AND ADOPTED in regular session this 7' day of December 2004. • VOTE YEA' NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD OTION: , ARRIED I DENIED. P Pugs,-111- _X CouacitMember __ . moved to adopt proposed Resolution No. 04-13 pertaining, to the Okeechob a Legislative Delegation - City Administrator (Exhibit 8); seconded by Council Member Affor -Cook read Reaotutton No. 04-13 by title onty as follows: "A RESOLUTlAN OF THE CITY OF OKEECHOBEE; FLOR►DA EXPRESSING ITS STRONG DISPLEASURE WITH THE RECENT NOTIRCATION BYADAPRIA .CABLE -OF ITS IN1ENT- iu imt n=4SE-CABLE—'EafS/O"- MMS_19 LOCAL CUSTONERS FOR ALL SERVICE FROM BASIC TGI.EXPANDED CABLE SERVICE; PROVIDING FOR PUBLIC RELEASE OF THIS R0OLUIM," PWVIDIi FOR_ NO- ILQ"TION TO-ADELPIHIA .MANAGEMENT .OF Ty/S_ AJ$%UT10N,_ PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT, _. KIRK _ CHANDLER MARKHAM _WATFORD WILLIAMS ARIt1ED I NIED. i Page -'12- L. Council -Member moved to approve Impact Fee Study Proposal to Walter H. Keller, Inc. (WHK) in the amount of twenty-seven thousand two hundred sixty dollars and zero cents ($27,260.00) - City Administrator (Exhibit 9); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT - m KIRK CHANDLER MARRHAM WATFORD WILLIAMS _ .. MOTION: CARRIED.t.DENIED. 4a-7, aZ,o.do� l— ,, VI-4� -J4 • • Discussion perialning io storm, deft pick-up--touncitman-Watfort- 9Lt-d- 16 ---- -- zw ao N. Discussion related to observance of the Martin Luther King Holiday - Mayor Kirk. L---- ---- - - - o V 0. Discuss City Adm'in'istratores Employment Gontract-1`]layor Rirk�Eznion w). -PnWsed__changesto the previous contract: 1. $5,000.00 increase in the base pay for the position. Administrator would remain in the step -- -- -- -{�rurrentbase pay is $58,109 06 and the Administrator -- is at step 3, which pays $59,102.19). - - - uianuaadi fui ally IaaaUll vvuulJ 1 4-ijire a =1 vote oft Il�£tt)t£oui�eff:-{The edffent eo aei -- - 3. Administrator would receive six months salaryplus the balance of an accrued vacation _ calls for a 4-1 vote without cause, 3-2 with cause). p y ifieave- __ as_severance__in the vent of dismissa�The current contract allows for 4_n months -- - - e severance). - - 4. - - ' wntt€n 34day notoce, he will receive p�aid t nefits - - in the same manner as any employee leaving in good standing with proper -notice. Any new agreement involving an increase in pay is retroactive to October 1, 2004, the point at which the previous contract expired. - - 14A — �- e r r IX. MAYOR KIRK ADJOURNED THE MEETING AT `7 ' 44J P.M.. Page -I. Tape 1 side A CITY OF OKEECHOBEE - December 7, 2004 - Regular City Council Meeting - HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Kirk. December 7.20504. Citv Council Reaular Meetina 6: o.m. II. OPENING CEREMONIES: Invocation given by Pastor Shawn Bergen, Everglades Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Mayor James E. Kirk I X Council Member Noel A. Chandler X Council Member Lowry Markham X Council Member Dowling R. Watford, Jr. X Council Member Clayton Williams I X City Attorney John R. Cook I X City Administrator Bill L. Veach X Clerk Lane Gamiotea X Deputy Clerk Melisa Eddings I X Absent Chief Davis addressed the Council thanking them for opportunity, promote first female sergeant every in the City Police Department, explained new sgt promotion procedures, new level of professionalism to the department, two qualified female officers to apply, Officer Dawn Wendt, IV. MINUTES - City Clerk. A. Council Member Chand er moved to dispense with the reading and approve the Summary of Council Action for the November 2, 2004 Regular Meeting; seconded by Council Member Williams. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. NAY ABSTAIN ABSENT V. WARRANT REGISTER - City Administrator. A. Council Member Watford_ moved to approve the October 2004 Warrant Register in the amounts: General Fund, four hundred seventy-one thousand, seven hundred six dollars and seventy-seven cents ($471,706.77); Industrial Development Fund, seven hundred eight thousand, seven hundred nine dollars and fifty-two cents ($708,709.52); CDBG Grant Fund, three thousand, two hundred twenty-five dollars and zero cents ($3,225.00); seconded by Council Member Markham. DW - notes the reason a little higher, can't recall, BV - general fund out of ordinary,1/4 payment to PRM, final payment of Engine 6, timing issue 2 BCBS payments, raised the amount by $150,000 over normal. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X Page -3- Planning Staff Report Additional Regulations: Additional regulations which shall apply to all uses in the CLT district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Planning Staff Report Recommendation: Based on the above criteria being met, Planning Staff recommends approval of the request to allow rezoning from RMF to CLT permitting the applicant to utilize the property as an office. Alley serves as a buffer between the C and RSF. qJ� LM - any other boards? TRC to approve building layout, parking would be addressed at that time. SIN - where taking formal RSF and turning it into C, several we've had, with not meeting all the codes, recolete to do some updates to the LDR's with how far to go with and do an actual land use study, plan to do that before the planning board in the spring. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:29 P.M. Vill. NEW BUSINESS. A.1. a) Council Member W dmade a motion to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. 04-0010-R, submitted by Chris and Gail Newman; seconded by Council Member Chandler. b) Vote on motion to read by title only and set final public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. c) Attorney Cook read proposed Ordinance No. 877 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OFOKEECHOBEE BYREZONINGA CERTAIN TRACTOFLANDMOREPARTICULARLYDESCRIBED HEREIN, FROM HEAVYCOMMERCIAL (CH19 ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYANDAN EFFECTIVE DATE." JC - been discussion among staff and applicants existing Idr pertained to CDB as the exisitng strip that was there when they adopted the LDR's. Some CBD areas have built out, bobby tucker real estate office, conflict in LDR's for CBD, construction to comply with all city codes, is resturant and off street parking, CBD allowed up to 80% parking reduction, and 85% of the lot build out, but new construction cannot exist without parking, so existing ord is sceduled to be in front of LPA on Dec with staff report on recommendations, workshop type meeting to discuss what needs to be changed, future CBD project, 80 and 85 percent be deleted for any new rezonings of CBD, if we're going to expand out CBD we're going to have to amend. Recommend to discuss, but not all that important, city should motion to motorium to change CBD zoning for a short time, first meeting in Feb before it goes into effect, morotium for CBD for 8 weeks, • • Page -4- This one effective? No this one is already in motion, we're pretty much stuck with it, can't do any thing to change it, we've allowed the building to be built like it is, A. 2. a) Council Member MaEftm made a motion to approve the first reading of proposed Ordinance No, 877; seconded by Council Member Chandler. b) Discussion. JK - only going to effect new building? JC existing CBD structures, S Park St is set, few CBD zoning in existing now if they sell or remodel will have to go through TRC and address all th eissues, only a handful, JK - parking amended? JC - that's descrictionary, can recommend less 15% only reduction, depends on structure and size of lot as to what is needed. JK - interesetedd to see how this comes out JC - risk now, new business says your law says 85%. JK - my concern is existing buildings, are we putting the morotium on them also JK - think we should, Newman is unique situation. JK - concern with what your saying, if they start it through, with morotium, CBD, can always be denied, you don't have to pass it, NC -all depends how far back we're going with. DW - thinking back to LDR's being developed, any of us ever invisioned us expanding that, because it was a unique„ written to accomodate what we already had there, never anticipated anymore CBD, because we have the area, think it's a unique request here and take some real discussion for this type of a change, maybe that's what we invisioned, but I didn't, JK - neither did I DW - like the issuing of turning these old RSF areas to commerical, but this is different its already C and it's hard for me to say, don't think that's what we envisioned, part of our problem is we didn't dream like Okee Hardware would burn down, thought it would always be there, when someone goes of build on that vacant property what are we going to do. JC - the other problem with newman property aside from the c building we allowed them to build, another problem is the old post office building not having enough parking, had problems selling that property because of parking. JK - need to go ahead and set the public hearing date, go forward with caution, can see some real potential problems here, and its not a problem we want to have tape 1 side B open and pandora's box, didnt realize we offered that in other directions, don't have grounds to stop this one, JC - if application isn't consistent with the comprehensive plan then we can, we allowed them to build the structure with no set backs and limited parking, we allowed that to be created. LM - first reading, but at final reading we've got to decide where to keep the CBD and shouldn't extend CBD and then stop it, don't think we should extend out and then stop it, if we're saying we're not going to extend it any further, then deny it, need to have that decision by the final reading to either vote for it or against it, JK - battles up here on parking before, these people will be back here asking why we held their feet to the fire and didn't with the newmans, don't mind taking it to final reading. Public comment - Joey Hoover, 3.6 lots speaking on, agree with Watford, area for CBD, keep those areas economical pliable, lots on 70 can understand those, lots in back built within last 5 years, can't see giving them that on parking, city council has the authority to deny the parking, no opposition on 70 but the back ones only, front one's also have historically value, require that parking study be done, read LDR's, taking a lot of liberty's of our South Park Street, made walgreens to an extensive drainage and parking study and eckerds, only benefit of changing lots 3.6 is the parking advantage, 26 parking in the rear, they don't meet the c parking requirements, potential to continue another criteria they cannot meet, don't want to go backwards but forward, professional office or light commerical uses they can comply Page -5- strongly recommend you vote against the voting change. Susanne Hoover, live in one of the residences in this block, read 5 page summary to the planning board telling what my issues where, changing this to what it is now will not have them any responsibility, still need to be congruent, we cannot stop there, people all down 70 that will want to change, where are these people going to park? There is no where for these people to park, it opens the door for more buildings, they have 5 lots, they can put more buildings without parking, wanted to voice my objections to the rezoning, agree that the ones on 70 are forced into it but ones on the back. JK - I mentioned pandora's box .... Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area, the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that would overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Planning Staff Report Summary and Conclusion priorto Certification: The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants' request is consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Commerce Center update and street extension approval - Gene Schriner, Craig A. Smith & Associates. 0 0 Page -6- Need to know do we send the money back or spend it, blue protion $190, 482, leaving bal of $64, $66,790.00 city funds or end project like it is now and send money back (1,2 million EDA, still get, if you do not allocate over, that money will be transfered to offset funds, but it will be not sent back to EDA, use to off set construction expenses the city has encurrend, $1.2 million, before you spend money, make sure you don't spend something before you get something, you need to make sure its in the proper accounts to get it reimbursement. BV if you build that blue section you've got $120,000.00, all but 66,000, and dale's going to try to go to TA and get antoher $100,000, if reimbursed we're in great shape, if not we're out $66,790.00, could have used this in the new street paving, price went up on us as of today, Jay Beaton, change, line item contract, mandated by OUA to add 1 bell con 75 @ $450. We would have had the $30,000, just found out about it after 5:30 yesterday, mandated into this, by OUA after contract, contractor did this with no mark up, bell restriant, design our projects by 10 state criteria, our plans were approved by OUA, and now during construction we got this information, after pipe was set in the ground, everything is by bid price, this is what the price is at this time, doens't mean we'll use all of it, blue area is paving, 4 manholes will complete sanitary sewer system, bridge is complete except guard rail, safely say line item reductions, no dollar amount, maximum 66,790, could go down or go away, BV -1 wont get any cheaper 2 got to build road to complete project, looked at options to save money, CW - ever been in grant projects where grant money wasn't given after construction? Nancy - it would ahve to be a appropriation, CW - governor can red line, BV - recommend you go into it with mind that we are going to spend the 66,000, JK - not happy this can happen, get approval from OUA then they can go in an change the rules need to send communication to them Tape 2 side A obligated to put that road through there, if we don't finish it now, come back later, spend more money later, sounds like where we've been many times between a rock and a hard place, instruct BV to send letter of our concern to approve something and then change that costs money to people other than the contractor, LM - real strong letter CW - think it needs to be done in person eyeball to eyeball, go to that board, once plans are in place and approved that will set it in stone, LM like mayor said, isn't a good working relationship to start off with, BV - can all come out of gas tax funds for the street, not from reserves, street contecting to NE 121h Street, existing street is pretty good, county doing some improvements in the area, much closer to go through the bridge, hopes to go to county to put up signs that it be local traffic only, 4c' �, Watford, move that we allowcate 66,790 to complete street and sewr through commerce center, Willilams. �p�1` Chances of getting any money back are slim, Vote all yea. Motion Carried. C. Council Member Watforsi.moved to approve a payment to Craig A. Smith & Associates for professional services rendered pertaining to FEMA disaster recovery in the amount of ten thousand five hundred fifty-five dollars and sixteen cents ($10,555.16) - Gene Schriner, Craig A. Smith & Associates (Exhibit 3); seconded by Council Member Williams. Cat A debris clearing $37,000.00 Cat B emergency services $52,000.00 Roads done with exception, taking FEMA people out to it, slip lining, N side or Court, couple of areas were in on -going sit $150,000.00 City Hall, Fire, Main PD $677,000.00 Ready to be signed out to FEMA, something comes up let us know, tower is not on this list so we need to add it, just because they go in and are accepted at face value, Cat A and B are by receipts, no problems, Building Issues they might fight us on, 90% done, no time limit, can go back when we find anything, DW $10,555.16, as totals get approved it's a sliding scale, as approved amounts get processed th ehigher the percentage goes 3% of, $30,000.00. This is for Oct, you'll get one for Nov similar and then partial Dec, only get reimbursed for total amount they approve. DW - assuming FEMA accepts your figures, enough in that amount to - no, close to that to cover but not • • Page -7- entirely. FEMA scale, not created by CAS ,mold study is out of pocket to city, JK - thank you for this work that you have done, DW - where insurance fit in, FEMA pays deductible, insurance will be coming into play, FEMA doesn't pay all the amounts alone, DW - any portion of deductible FEMA will not pay? No, just have to justify the expense, VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Presentation and discussion regarding the Downtown Redevelopment Project - Nancy Phillips. Facade protion of the CDBG, Los Cocos, Park Plaza, North Park Tire, Display, do not have a theme, facade improvements based on each site, $15,000 per building, packet to State in Jan, review by Feb and construction by Mar. Painting on Park Plaza not included since they just painted it. LosCosos pale green, some yellow and red trim to keep in mexican theme, nicer sign to coordinate. North Park Tire, small but a lot of bad shape, replace windows and doors, paint light beige and blue and doors white, handicap ramp added. Okee Abstract, @Iready ADA, paint 2 shades of yellow with red door, take off fake vener Paint colors could be changed they are not set in stone. VVherrel auto oaf%, recently painted, added some paint and some neon the same colors of the paint. DW - not what I thought, not that is bad, did you meet with the property owners, Oscar and Nancy has, some are present tonight, will meet with them after meeting so they can go over the drawings. Park Plaza, ADA being added, may add some decorate roofing Tape 2 Side B DW - what's proposed we can do for the amount, Nancy - preliminary costs estimates, concerns with finding contractors, bid 1 project, except the signs, think we're pretty close, some will cost more than other, discussed with the property owners and think it is a doable project, wont know until we get hard bids, must do handicapp accessible that is the number 1 thing they have to do, followed up with phone calls with tonights meeting, if not happy with paint color, will allow them to change that, this is their property we want them to be happy with what we are preparing to do, we need to get this done. Display Systems main problems is the columns will not allow them to be ADA accessible, trying to get everything out to bid so that we can get closed out. DW - when official action? Nancy on these 4 properties if you like them, then bring other 2 back in Jan, QW-move to approve th epreliminary for N park time, los co -so, okee abstract, wherrel, ; williams. second. Vote all yea. Motion Carried. Phase 2 park 5 and 6 will start in January and be done by March Speckled Perch Festival. E. Discussion pertaining to the Okeechobee Urban Cluster Map - Bill Ockert, DKS Associates (Exhibit 4). DOT - federal functional classification study, eligble for federal highway funds, required to be done every 10 years, provides basis for local planning, necessary coordination with comp plan, determine level of standards, figure 3,1 area of urban cluster, 2 maps county map and then urban cluster map, county map be approved by county commission, then urban cluster map will be approved by county commission and city council, Phase 1 Smooth Urban boundaries, second phase is to classify the highway, all done by formula no thinking allowed, get some strange things, break highway, Figure 6, smoothing coverage area in blue, land use Grouping of highway systems according to their character or function. Arterial Highway, mobility verse • u Page -8- arterial highways, collector roads and local road, Indicators of roadway function, sr 70 and 441 Functional classification guidelines, what is likely in 5 years Step 1 develop urban boundar an darterial and collector highwya system, Step 2 hold local workshop, step 3 present to local governing boards, Can leave for it could be signed off on. CW - howis this going to help city? Sets the ground work, only way to go after the federal money you have to get it on the map, make it eligble and then do your homework to know where the money is and get it from the state as it comes from the federal government, whole process to go through. State road 70 designated as a intra state road, everytime a hurricane comes around there is a road block from Arcadia to Okeechobee. Know the legislators have the money where it goes, Only advice is the squeaky wheel, DW - big discussion over collector roads several years ago, there are monies available for collector roads, if its in purple its eligble, DW - move to approve the functional classification studt 0 urban cluster map as presented; second ed by Chandler. F. Council Member Ip( LiM moved to appoint Frank Irby as the City's Alternate Member to the Okeechobee Utility Authority Board, term ending April 30, 2005 - City Clerk (Exhibit 5); seconded by Council Member Markham. TAPE 3 SIDE A VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. NAY ABSTAIN ABSENT G. Council Member Markham made a motion to ratify the appointment of Katrina Vinson Cook to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006; seconded by Council Member Chandler. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. NAY ABSTAIN ABSENT H. Council Member Chandler made a motion to reappoint Lane Gamiotea to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006; seconded by Council Member Watford. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. NAY ABSTAIN ABSENT Council Member Chandler moved to accept the Certification of the November 2, 2004 General Election Canvass Returns - City Clerk (Exhibit 6); seconded by Council Member Watford. CITY OF OKEECHOBEE ELECTION TOTALS Total registered city voters: two thousand seven hundred -seventy (2,770) Total voted: one thousand eight hundred seventy-seven (1,877) Percent turnout: sixty-eight percent (68%) CITY COUNCIL ELECTION TOTALS Jim (James) E. Kirk received nine hundred fifteen (915) votes. Eric L. Myers received three hundred thirteen (313) votes. Clayton Williams received seven hundred sixty-three (763) votes. Lydia Jean Williams received nine hundred twenty-one (921) votes. VOTE YEA KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS MOTION: CARRIED. NAY ABSTAIN ABSENT X Page -9- J. Council Member Chandler made a motion to adopt proposed Resolution No. 04-12 regarding the November 2, 2004 Ele tc ion results and terms of office - City Clerk (Exhibit 7); seconded by Council Member �arkham. --_— Attorney Cook read proposed "WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 2, 2004; and WHEREAS, Jim (James) E, Kirk and Lydia Jean Williams received the highest number of votes for City Council Member, NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: That Jim (James) E. Kirk and Lydia Jean Williams be, and they are hereby declared elected as City Council Members and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. INTRODUCED AND ADOPTED in regular session this 7th day of December, 2004." VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. K. Council Member Chandler moved to adopt proposed Resolution No. 04-13 pertaining to the Okeechobee Legislative Delegation - City Administrator (Exhibit 8); seconded by Council Member Markham._ Attorney Cook read Resolution No. 04-13 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA EXPRESSING ITS STRONG DISPLEASURE WITH THE RECENT NOTIFICATION BYADELPHIA CABLE OF ITS INTENT TO INCREASE CABLE TELEVISION RATES TO LOCAL CUSTOMERS FOR ALL SERVICE FROM BASIC TO EXPANDED CABLE SERVICE; PROVIDING FOR PUBLIC RELEASE OF THIS RESOLUTION; PROVIDING FOR NOTIFICATION TO ADELPHIA MANAGEMENT OF THIS RESOLUTION, PROVIDING AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X Page -10- WATFORD X WILLIAMS X MOTION: CARRIED. L. BV - transporation, law enforcement, fire, storm water drainage, per costs per item, numbers could change when we decide what areas we want study, if city and county said move forward it would costs $27,260 to this consultant to tell you what you should be charging for new development, do you want to workshop this or approve it as is? LM - when do they have to know about this? ASAP. JK - if we had an impact fee say on all of them and a person wanted to build a house in an existing subdivision? Yes. Joey - No, development of that lot would have to go into the study, anything that is an existing lot does not get impacted, once lots have been platted you cannot go back an reassess them, new subdivision only from here on out, you have accepted those plats and that you would absorb the costs of that impact to the community. We need to have a clear answer to that. Joey, read statute as to why they have to be proactive and not retroactive. Developmental approval is the term used. Attorney Cook to research. Need to encourage the County to go ahead and move forward with theirs. If this is not true, then we'll ask County if we can meet with them. M. Discussion pertaining to storm debris pick up - Councilman Watford. DW - Made a lot of progress since I asked for this to be on the agenda. Dec 10 is the cut off. Have we communicated that adaquately, if this should ever occur again, are we reasonable for picking up construction debris? LM - one of those things that if we don't do it, it wont get done, if it gets to right of way it gets picked up. Wastemanagement goes back on schedule after hurricane contractor picked up, any credit from them? When DOT stepped in they pushed waste management, Think we deserve some type of 2 months of reimbursement for their months that they only pick up garbage. Tape 3 Side B N. Discussion related to observance of the Martin Luther King Holiday - Mayor Kirk. JK - think something needs to be done, sooner or later end up in National news, real concern and asking for trouble, the County observes this holiday, amazed we haven't had complaints yet, visions in my mind that could happen that I don't want to see, asked the employee's what they wanted and they wanted to keep their birthday, DW - either add another or take away one, BV - one holiday is 2000 or 2400 in overtime, JK - hate bringing it up, rather address on our terms, but it is the way it is, if we don't make it a holiday we are making a mistake, save a lot of headaches that would be more than 2000. Does everybody agree with me? NC don't want to see any holiday taken away, surprised we haven't had to address it yet, its just a matter of when and not if. DW - eliminate birthday and designate MILK; 2"d 1 x, 2 x, LM on 3rd call. Yea LM, CW, DW. No - NC. Motion Carried. Effective January 1. Page -11- Additional Item to Agenda - Chief Smith. S & S Towers, proposal $29,370.00 Item we can add to FEMA recovery, the item has been brought up to FEMA but costs hasn't Sole Source provider as an emergency expense. Communication Company recommends this company. DW emergency nature of tower move that we approve the proposal from SS towers to replace the tower; secondned by LM. 30 to 45 days to get tower here 7 days to get it up will be where old water tower use to be free standing no guide wires Vote - all yea. Motion Carried. 0. Discuss City Administrator's Employment Contract - Mayor Kirk (Exhibit 10). LM - sat down with these and this is what you negotiated? Yes. Best agreement we came up with. DW - explain the rationale with #2. JK quite the discussion, 1-sort of like giving him a little more security as far as council was concern, 3-2 vote had to be with cause, if cause ever presented would be a 5-0 vote, didn't see has a hendering spot for me, Bill thought good cause from Council, honestly reach a point where 3 of us don't like the work he's doing he's not going to be around here anyway, think Bill has done a real good job for us, but as much as I respect him, if there was justifiable cause I would vote to have him leave our employment, talked about severance pay, moved from 4 months to 6 months, took a while to agree on that, CW - how long is this for? JK - think 2 years, same as last (last was 2 years with 1 year renewal) DW - increasing base pay? Step 3 from $59,858.19, to $65,009.00 CW - city contribute to retirement plan? Yes, contribute same amount as to all employee's. ICMA is the fund he has now. DW - 6 months the norm? Use to be 3 months, then 6 and now its between 9 and 12. When your working at the will of a board, happens private or public boards, at the will of several people, been involved in that myself on making the decision and being the one that worked for them, one of the reasons severance pay has gone up, can walk in one day and be told to leave DW, only problems was 6 months, could live with that, concern is with vote situation, think back to other issues that we have had, don't know if you will have that same situation again, in my business you don't have a severance pay, not to many types of business do, if you do terminate that position, you give him 6 months pay, giving that person a pretty good going away present, JK - continue to discuss the 4-1 vote change and situations with a previous administrator, NC - don't have a problem with is, unless an issue comes up in the next 2 years, we can re address it at that time, would consider it as presented. ,g = eve to add these contract modifications as written effective 10/1/04; seconded by Chandler JK presented what I thought was reasonable, workable and in good faith and if not we'll change it again in 2 years. DW - changed my mind, respect your recommendation, similar make up and it is only for 2 years. LM - never work where you get paid after you leave, have to listen to someone else who's worked it, JK - diffienently a managerial benefit. Proposed changes to the previous contract; 1. $5,000.00 increase in the base pay for the position. Administrator would remain in the step pay plan with all other employees. (The current base pay is $58,102.06 and the Administrator is at step 3, which pays $59,102.19 typo, is actually $59,858.19) Giving a $5,151.12 total salary increase. 2. Dismissal for any reason would require a 4-1 vote of the City Council. (The current contract calls for a 4-1 vote without cause, 3-2 with cause). Page -12- 3. Administrator would receive six month's salary plus the balance of any accrued vacation leave as severance pay in the event of dismissal. (The current contract allows for 4 months severance). 4. Should the Administrator resign and give written 30 day notice, he will receive paid benefits in the same manner as any employee leaving in good standing with proper notice. Any new agreement involving an increase in pay is retroactive to October 1, 2004, the point at which the previous contract expired. Vote all yea. IX. MAYOR KIRK ADJOURNED THE MEETING AT 9:45 p.m. CITY OF OKEECHOBEE DECEMBER 7, 2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 4 I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: December 7, 2004 City Council Regular Meeting, 6:00 p.m. Invocation given by Pastor Shawn Bergen, Everglades Baptist Church; 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 Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the November 2, 2004 Regular Meeting. • V. WARRANT REGISTER - City Administrator. A. Motion to approve the October 2004 Warrant Register: General Fund $471,706.77 Industrial Development Fund $708,709.62 CDBG Grant Fund $ 3,225.00 DECEMBER 7, 2004 - Crry COUNCIL AGENDA - PAGE 2 OF 4 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mi. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 876 regarding Rezoning Application No. 04-009-R, submitted by K Builders, Inc. - City Planning • Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 876. 2.a) Motion to adopt proposed Ordinance No. 876. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. • VIII. NEW BUSINESS. A.1.a) Motion to read by title only and set January 4, 2005 as a final public hearing date for proposed Ordinance No. 877 regarding Rezoning Application No. I 04-0010-R, submitted by Chris and Gail Newman - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 877 by title only. DECEMBER 7, 2004 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No. 877. b) Discussion. c) Vote on motion. B. Commerce Center update and street extension approval - Gene Schriner, Craig A. Smith & Associates. C. Motion to approve paymentto Craig A. Smith & Associates for professional services rendered pertaining to FEMA disaster recovery - Gene Schriner, Craig A. Smith & Associates (Exhibit 3). D. Presentation and discussion regarding the Downtown Redevelopment Project - Nancy Phillips. E. Discussion pertaining to the Okeechobee Urban Cluster Map - Bill Ockert, DKS Associates (Exhibit 4). F. Consider Frank Irby as the City's Alternate Member to the Okeechobee Utility Authority Board, term ending April 30, 2005 - City Clerk (Exhibit 5). G. Motion to ratify the appointment of Katrina Vinson Cook to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006 - City Clerk. H. Motion to reappoint Lane Gamiotea to the General Employee Pension Board of Trustees, term beginning January 1, 2005 and ending December 31, 2006 - City Clerk. I. Motion to accept the Certification of the November 2, 2004 General Election Canvass Returns - City Clerk (Exhibit 6). J. Motion to adopt proposed Resolution No. 04-12 regarding the November 2, 2004 Election results and terms of office - City Clerk (Exhibit 7). K. Motion to adopt proposed Resolution No. 04-13 pertaining to the Okeechobee Legislative Delegation - City Administrator (Exhibit 8). DECEMBER 7, 2004 - CITY COUNCIL AGENDA - PAGE 4 OF 4 E VIII. NEW BUSINESS CONTINUED. L. Discussion related to Impact Fee Study Proposal - City Administrator (Exhibit 9). M. Discussion pertaining to storm debris pick up - Councilman Watford. N. Discussion related to observance of the Martin Luther King Holiday - Mayor Kirk. 0. Discuss City Administrator's Employment Contract - Mayor Kirk (Exhibit 10). IX. 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 Run 12/02/2004 City of Okeechobee 9-26AM Revenue and Expenditure Statement Fiscal Year to Date Thru September 2004 Page 1 Fund 001 GENERALFUND This Year Last Year % Chg AD VALOREM TAX. -1,486,858 73 -1,272,392.10 (17) OTHER FEES AND TAXES -1,784,291 01 -1,747,445 48 (2) CHARGES FOR CURRENT SERVICES -113,795 95 -54,025 06 (111) INTERGOVERNMENTAL REVENUE. -526,791 89 -476,206 02 (11) CHARGES FOR CURRENT SERVICES -279,746 56 -296,262.48 6 FINES, FORFEITURES -56,81109 -50,18135 (13) USES OF MONEY & PROPERTY -50,000 34 -73,666 38 32 OTHER REVENUES -79,132 91 -12,278 34 (544) TRANSFER -IN SUB TOTAL -160,000 00 -160,000 00 0 REVENUE TOTAL 000 000 N/A Total Revenues -4,537,428 48 -4,142,457.21 (10) LEGISLATIVE 96,331 35 96,005 62 0 EXECUTIVE 121,309 11 118,985 33 2 FINANCIAL 171,473 09 154,373 56 11 LEGAL 100,720 63 47,010 61 114 GENERAL SERVICES 327,621 33 238,295 06 37 LAW ENFORCEMENT 1,419,009 83 1,276,001 64 11 FIRE PROTECTION 1,016,064 64 934,630 42 9 ROAD AND STREET 850,911 15 795,141 56 7 capital projects -vehicles 75,784 04 74,459 63 2 CITY CLERK 129,447 36 141,208 08 (8) Total Expenditures 4,308,672 53 3,876,111 51 11 Excess of Revenues over Expenditures 228,755 95 266,345 70 (14) Run. 12/02/2004 City of Okeechobee 9-27AM Trial Balance As of September 30, 2004 Page. 3 Fund 001 GENERALFUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-341.2000 ALLEY/STREET CLOSING FEES 000 000 000 39000 -390 00 001-341 3000 MAP SALES 000 2000 000 34500 -345 00 001-341 4000 PHOTOCOPIES 000 000 000 83.11 -83 11 001-343.4010 GARBAGE/SOLID WASTE COLL. FEES 000 4572 000 244,977 99 -244,977 99 001-343 9000 DOT HWY MAINTENANCE CONTRACT 000 000 000 33,950 46 -33,950 46 001-343 9100 DOT MASTER TRAFFIC LIGHT MAINT 000 000 000 000 000 CHARGES FOR CURRENT SERVICES 6572 279,746 56 -279,746.56 001-344 9000 CSX RAILROAD MAINT CONTRACT 000 1,30000 000 6,50000 -6,500 00 001-351 1000 COURT FINE 000 2,30061 000 33,352.01 -33,352.01 001-351.2000 RADIO COMMUNICATION FEE 000 67500 000 7,500.00 -7,500 00 001-351 3000 LAW ENFORCEMENT EDUCATION 000 33908 000 1,52708 -1,527 08 001-351 4000 INVESTIGATION COST REIMBURSEMEI 000 1,209 00 000 7,702.00 -7,702.00 001-354 1000 ORDINANCE VIOLATION FINES 000 10600 000 23000 -230 00 FINES, FORFEITURES 5,92969 56,811 09 -56,811 09 001-361 1000 INTEREST EARNINGS 32.99 3,78075 43759 50,437 93 -50,000 34 001-364 1000 DISPOSITION OF FIXED ASSETS 000 000 000 000 000 USES OF MONEY & PROPERTY 32.99 3,78075 43759 50,437 93 -50,000 34 001-369 1000 MICELLANEOUS 1,039.20 1,40600 11,455 10 82,015 80 -70,560 70 001-369.2000 REFUND PRIOR YEAR EXPENSE 000 000 000 5000 -50 00 001-369 3000 REFUND OF PRIOR YEAR EXPENSE 000 000 000 7,91500 -7,915 00 001-369 5000 POLICE ACCIDENT REPORTS 000 4600 053 60774 -607.21 OTHER REVENUES 1,039.20 1,452.00 11,455 63 90,588.54 -79,132.91 001-381 1000 TRANSFER -IN PUBLIC FACIL. IMP FD 000 160,000 00 000 160,000 00 -160,000 00 TRANSFER -IN SUB TOTAL 160,000 00 160,000 00 -160,000 00 001-383.1000 CAPITAL LEASE PROCEEDS 000 000 000 000 000 001-384 0000 DEBT PROCEEDS 000 000 000 000 000 REVENUE TOTAL 001-0511-001 1100 EXECUTIVE SALARIES 2,208 80 000 26,505 60 000 26,505 60 001-0511-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 000 001-0511-001.2100 F I C.A. 22581 000 2,638.17 000 2,638.17 001-0511-001.2200 RETIREMENT 612.26 000 2,44904 000 2,44904 001-0511-001.2300 LIFE & HEALTH INSURANCE 5934 000 19,003 99 000 19,003 99 001-0511-001.2400 WORKMAN'S COMPENSATION 000 000 1,03511 19011 84500 001-0511-001 3100 PROFESSIONAL SERVICE 000 000 000 000 000 001-0511-001 3400 OTHER CONTRACTURAL SERVICES 5,59816 000 24,923 91 000 24,923 91 001-0511-001 4000 TRAVEL AND PER DIEM 95000 000 10,396 00 30400 10,092.00 001-0511-001 4100 Added 1/14/02 by Accounts Payable 000 000 49 13 000 4913 001-0511-001 4901 Added 4/19/02 by Accounts Payable 000 000 8500 000 8500 001-0511-001 4909 MISCELLANEOUS 000 000 352.77 000 352.77 001-0511-001 5400 BKS , PUBLICA., SUBSC , MEMB 000 0.00 38674 000 386 74 001-0511-001 8100 SHARED SERVICES 000 000 8,00000 000 8,00000 Run: 12/02/2004 City of Okeechobee 9-27AM Trial Balance As of September 30, 2004 Page 4 Fund 001 GENERALFUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-0511-001 8200 AID TO PRIVATE ORGANIZATIONS 000 000 1,00000 000 1,00000 LEGISLATIVE 9,65437 96,825 46 49411 96,331 35 001-0512-001 1100 EXECUTIVE SALARIES 5,628.90 000 59,317 12 000 59,317 12 001-0512-001 1200 REGULAR SALARIES 2,45310 000 25,991.29 000 25,991.29 001-0512-001.2100 F I C.A. 60835 000 6,41909 000 6,41909 001-0512-001.2200 RETIREMENT 2,09075 000 8,02015 000 8,02015 001-0512-001.2300 LIFE & HEALTH INSURANCE 61 11 000 9,44962 000 9,44962 001-0512-001.2400 WORKMAN'S COMPENSATION 000 000 1,035 11 6011 97500 001-0512-001 4000 TRAVEL AND PER DIEM 1,022.84 000 2,57917 14660 2,432.57 001-0512-001 4100 COMM. AND FREIGHT SERVICES 33903 000 3,512.27 000 3,512.27 001-0512-001 4600 R & M VEHICLES 000 000 000 000 000 001-0512-001 4609 R & M EQUIP 4390 000 61340 0 00 61340 001-0512-001 4901 EDUCATION 000 0 00 81000 5500 75500 001-0512-001 4909 MISCELLANEOUS 6910 000 1,09569 39735 69834 001-0512-001 5100 OFFICE SUPPLIES 4507 000 58713 000 587 13 001-0512-001 5200 OPERATING SUPPLY 000 000 31502 000 31502 001-0512-001 5201 OPER. SUPPLIES (GAS & OIL) 358.27 0 00 1,24705 000 1,24705 001-0512-001 5400 BKS , PUBLICA., SUBSC , MEMB 0 00 000 97606 000 97606 001-0512-001 6400 MACHINERY AND EQUIPMENT 000 000 000 000 0 00 EXECUTIVE 12,72042 121,968.17 65906 121,30911 001-0513-001 1100 EXECUTIVE SALARIES 2,99086 000 31,144 32 000 31,144 32 001-0513-001 1200 REGULAR SALARIES 6,35649 000 55,191.24 000 55,191.24 001-0513-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 0.00 001-0513-001.2100 F I C.A. 70814 000 6,592.01 000 6,592.01 001-0513-001.2200 RETIREMENT 2,14811 000 8,07581 000 8,07581 001-0513-001.2300 LIFE & HEALTH INSURANCE 61 10 000 13,812 86 000 13,812.86 001-0513-001.2400 WORKMAN'S COMPENSATION 000 0 00 1,30000 000 1,30000 001-0513-001.2500 UNEMPLOYMENT TAXES 000 000 4,32354 000 4,32354 001-0513-001 3200 ACCOUNTING & AUDITS 1,54750 000 19,624 50 000 19,624 50 001-0513-001 3400 Added 6/26/03 by Accounts Payable 000 000 2,57081 1,85000 72081 001-0513-001 4000 TRAVEL AND PER DIEM 000 000 64053 000 64053 001-0513-001 4100 COMM. AND FREIGHT SERVICES 171 84 6765 4,71985 73996 3,97989 001-0513-001 4609 R & M - BLDG & EQUIP 3,241 91 0 00 8,16734 000 8,16734 001-0513-001 4901 EDUCATION 000 000 72334 3000 69334 001-0513-001 4908 CASH SHORT AND OVER 000 000 000 000 000 001-0513-001 4909 MISCELLANEOUS 9975 000 36542 0 00 36542 001-0513-001 5100 OFFICE SUPPLIES 000 000 1,31407 1 07 1,31300 001-0513-001 5200 OPERATING SUPPLY 529.20 000 7,827.29 000 7,827.29 001-0513-001 5400 BKS , PUBLICA., SUBSC , MEMB 000 000 31470 11351 201 19 001-0513-001 6400 MACHINERY AND EQUIPMENT 000 000 7,50000 000 7,50000 FINANCIAL 17,854 90 6765 174,207 63 2,734.54 171,473 09 001-0514-001.2300 HEALTH INSURANCE 000 000 4,00314 000 4,00314 City of Okeechobee Run. 12/0212004 Trial Balance 9-27AM As of September 30, 2004 Page: 5 Fund 001 GENERALFUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-0514-001 3100 PROFESSIONAL SERVICES 4,92500 000 33,972.50 13750 33,835 00 001-0514-001 3300 LEGAL COST 1603 000 62,893 86 3,813.78 59,080 08 001-0514-001 4000 TRAVEL AND PER DIEM 471.54 000 70494 000 70494 001-0514-001 4100 COMM. AND FREIGHT SERV 51 42 000 1,833.69 75489 1,078.80 001-0514-001 4609 Added 10/28/04 by Accounts Payable 000 000 0.00 000 000 001-0514-001 4901 EDUCATION 000 000 58900 000 58900 001-0514-001 5100 OFFICE SUPPLY 000 000 16796 000 16796 001-0514-001 5400 MEMBERSHIP AND SUBSCRIPTION 000 000 76.71 000 76.71 001-0514-001 6400 Added 8/17104 by Accounts Payable 000 000 1,18500 000 1,185.00 LEGAL 5,46399 105,426 80 4,70617 100,720 63 001-0519-001 1200 REGULAR SALARIES 3,24750 0.00 35,086.23 000 35,086.23 001-0519-001 1300 OTHER SALARY 000 000 0.00 000 000 001-0519-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 000 001-0519-001.2100 F I C.A. 248.44 000 2,67401 000 2,67401 001-0519-001.2200 RETIREMENT 849.25 000 3,22783 000 3,22783 001-0519-001.2300 LIFE & HEALTH INSURANCE 3674 0 00 7,10754 40713 6,70041 001-0519-001.2400 WORKMAN'S COMPENSATION 000 000 4,00000 000 4,000.00 001-0519-001 3100 PROFESSIONAL SERVICES 15,094.21 000 85,386 50 000 85,386 50 001-0519-001 3400 OTHER CONTRACTURAL SERVICES 23,526 49 0 00 116,959.95 000 116,959 95 001-0519-001 4000 TRAVEL AND PER DIEM 15500 0,00 2,40500 000 2,40500 001-0519-001 4100 COMM. AND FREIGHT SERVICES 22084 000 6,901 63 70 38 6,831.25 001-0519-001 4300 UTILITIES 636.58 000 7,32584 000 7,32584 001-0519-001 4400 RENTALS AND LEASES 000 000 61568 000 615.68 001-0519-001 4500 INSURANCE 000 000 38,651 92 000 38,651 92 001-0519-001 4600 R & M VEHICLES 000 000 6800 000 68.00 001-0519-001 4609 R & M - BLDG. & EQUIP 3,36646 000 13,184 75 000 13,184 75 001-0519-001 4700 PRINTING 000 000 44095 000 44095 001-0519-001 4901 EDUCATION coo 000 68333 000 68333 001-0519-001 4909 MISCELLANEOUS 000 000 522.86 1875 504 11 001-0519-001 5100 OFFICE SUPPLIES 0.00 000 888.89 000 888.89 001-0519-001 5200 OPERATING SUPPLY 15473 000 1,573.29 000 1,573.29 001-0519-001 5201 FUEL/OIL 0 00 000 15746 000 15746 001-0519-001 5400 BKS , PUBLICA., SUBSC , MEMB 000 000 25593 000 25593 001-0519-001 6400 MACHINERY AND EQUIPMENT 000 000 000 000 000 GENERAL SERVICES 47,536.24 328,117 59 496.26 327,621 33 001-0521-001 1100 EXECUTIVE SALARIES 4,75760 000 49,794 74 000 49,794 74 001-0521-001 1200 REGULAR SALARIES 79,719 62 6,13993 691,679 40 31,169 77 660,509 63 001-0521-001 1201 HOLIDAY PAY 000 000 19365 0 00 193.65 001-0521-001 1202 OFFICERS HOLIDAY PAY 1,779 85 0.00 14,645.29 000 14,645.29 001-0521-001 1300 OTHER SALARIES 1,60816 0.00 5,771 78 10000 5,671 78 001-0521-001 1400 OVERTIME PAY 1,531 42 000 2,72984 87747 1,852.37 001-0521-001 1403 OFFICERS OVERTIME PAY 38,484 31 9,098.60 81,898 64 19,115 63 62,783 01 Run 12/02/2004 City of Okeechobee 9-27AM Trial Balance As of September 30, 2004 Page: 6 Fund 001 GENERALFUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-0521-001 1501 AUXILIARY PAY 000 000 1,00000 000 1,00000 001-0521-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 000 001-0521-001 1520 OFFICERS LONGEVITY/SERV INCT 000 000 0.00 000 000 001-0521-001 1530 INCENTIVE 000 000 442.60 6651 37609 001-0521-001 1540 CAREER EDUCATION 1,05688 000 10,375.27 000 10,375.27 001-0521-001.2100 F I C.A. 9,80474 000 64,123 95 000 64,123 95 001-0521-001.2200 RETIREMENT 26,848.84 000 211,811 76 000 211,811 76 001-0521-001.2300 LIFE & HEALTH INSURANCE 1,002.30 2,312.59 129,350 39 2,312.59 127,037 80 001-0521-001.2400 WORKMAN'S COMPENSATION 000 000 25,916 00 000 25,916 00 001-0521-001 3100 PROFESSIONAL SERVICES 283.20 000 10,544 77 8.00 10,536 77 001-0521-001 4000 TRAVEL AND PER DIEM 14369 12368 3,72516 1,27741 2,44775 001-0521-001 4100 COMM. AND FREIGHT SERVICES 1,76570 000 16,571 71 000 16,571 71 001-0521-001 4300 UTILITIES 76944 000 9,24415 000 9,24415 001-0521-001 4400 RENTALS AND LEASES 45056 000 5,40672 000 5,40672 001-0521-001 4500 INSURANCE 000 000 43,651 92 000 43,651 92 001-0521-001 4600 R & M VEHICLES 615 1,76784 5,207 68 2,790.26 2,41742 001-0521-001 4609 R & M - BLDG. & EQUIP 727.85 000 8,79730 1399 8,78331 001-0521-001 4700 PRINTING 000 000 83990 000 83990 001-0521-001 4901 EDUCATION -RESTRICTED 17500 391 60 1,66356 391 60 1,271 96 001-0521-001 4902 EDUCATION -NON -RESTRICTED 000 000 3,375.96 29500 3,08096 001-0521-001 4909 MISCELLANEOUS 13852 1,74400 2,91904 1,75913 1,15991 001-0521-001 5100 OFFICE SUPPLIES 82090 000 4,24061 2540 4,215.21 001-0521-001 5101 DETECTIVE SUPPLIES 84389 000 3,30686 000 3,306.86 001-0521-001 5102 INVESTIGATION FEES 000 000 000 000 000 001-0521-001 5200 OPERATING SUPPLY 3,76707 831 71 9,13514 1,71745 7,41769 001-0521-001 5201 FUEL/OIL 10,600 19 9570 32,747.24 475.27 32,271 97 001-0521-001 5202 OPER. SUPPLIES (TIRES) 59 92 000 3,08643 43 12 3,04331 001-0521-001 5203 UNIFORMS/PATCHES 2,06549 000 9,50396 24662 9,25734 001-0521-001 5400 BKS , PUBLICA., SUBSC , MEMB 3000 000 1,23761 4500 1,192.61 001-0521-001 6400 MACHINERY AND EQUIPMENT 000 0 00 5,67500 000 5,67500 001-0521-001 8300 PUBLIC SAFETY GRANT 1,00551 000 11,126 02 000 11,126 02 LAW ENFORCEMENT 190,246 80 22,505 65 1,481,740 05 62,730.22 1,419,009 83 001-0522-001 1100 EXECUTIVE SALARIES 4,441.25 000 67,337.21 000 67,337.21 001-0522-001 1200 REGULAR SALARIES 43,795 08 000 473,926 85 000 473,926 85 001-0522-001 1201 HOLIDAY PAY 1,257.27 000 13,845 16 000 13,845 16 001-0522-001 1202 BATTALION CHIEF/TRANSFER FUND 0 00 000 1,754.20 000 1,754.20 001-0522-001 1300 OTHER SALARIES 1,02037 000 11,299 60 000 11,299 60 001-0522-001 1400 OVERTIME PAY 12,211 48 2,86370 31,894 08 2,86370 29,030 38 001-0522-001 1401 OVERTIME VACATION/ SICK 2,692.51 000 22,408 80 52.00 22,356 80 001-0522-001 1501 AUXILIARY PAY 1,45700 000 6,51700 12000 6,39700 001-0522-001 1510 LONGEVITY SERVICE AWARDS 000 000 75000 000 75000 001-0522-001 1541 CAREER EDUCATION 10000 0 00 1,200 00 000 1,200.00 Run: 12/02/2004 City of Okeechobee 9-27AM Trial Balance As of September 30, 2004 Page: 7 Fund 001 GENERAL FUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-0522-001.2100 F I C.A. 4,90494 000 46,147 57 000 46,147 57 001-0522-001.2200 RETIREMENT 3,038 16 000 45,336 61 000 45,336.61 001-0522-001.2300 LIFE & HEALTH INSURANCE 59666 2,08709 66,461 12 2,08709 64,374 03 001-0522-001.2400 WORKMAN'S COMPENSATION 000 000 26,460 00 000 26,460 00 001-0522-001 3100 PROFESSIONAL SERVICES 391 75 000 1,08390 000 1,08390 001-0522-001 3102 PROFESSIONAL SERV (PHYSCIALS FC 000 000 1,14000 000 1,14000 001-0522-001 3103 PROFESSIONAL SERV (WELLNESS PR 30000 000 3,500.00 000 3,50000 001-0522-001 4000 TRAVEL AND PER DIEM 2,061 06 000 6,99664 000 6,996.64 001-0522-001 4100 COMM. AND FREIGHT SERVICES 2,570.21 000 7,23696 2500 7,211 96 001-0522-001 4300 UTILITIES 1,191 07 000 9,051.82 000 9,051 82 001-0522-001 4400 RENTALS AND LEASES 000 000 1,142.46 000 1,142.46 001-0522-001 4500 INSURANCE 000 000 22,651 92 000 22,651 92 001-0522-001 4600 R & M VEHICLES 19741 26800 7,812.74 26800 7,54474 001-0522-001 4609 R & M - BLDG. & EQUIP 64709 5000 8,331 41 5000 8,281 41 001-0522-001 4700 PRINTING 000 000 32550 000 32550 001-0522-001 4901 EDUCATION 3,32040 000 9,219.28 000 9,219.28 001-0522-001 4902 PUBLIC EDUCATION & FIRE PREVENTh 1,121 69 000 1,207 68 000 1,207 68 001-0522-001 4903 CODE ENFORCEMENT 46964 75 00 6,608.22 68050 5,92772 001-0522-001 4909 MISCELLANEOUS 19.22 000 552.68 52.73 49995 001-0522-001 5100 OFFICE SUPPLIES 471.27 000 91779 000 91779 001-0522-001 5200 OPERATING SUPPLY 1,14354 91567 6,94517 91567 6,02950 001-0522-001 5201 FUEL/OIL 2,52838 000 6,05032 0 00 6,05032 001-0522-001 5202 OPER. SUPPLIES (TIRES) 000 000 99050 000 99050 001-0522-001 5203 UNIFORMS/PATCHES 1,08038 000 4,33875 11600 4,222.75 001-0522-001 5400 BKS , PUBLICA., SUBSC , MEMB 521 00 000 3,451.23 000 3,451.23 001-0522-001 6400 MACHINERY AND EQUIPMENT 19,056 95 000 29,412.95 91000 28,502.95 001-0522-001 7100 PRINCIPAL FIRE TRUCK 000 000 62,553 46 000 62,553 46 001-0522-001 7200 INTEREST FIRE TRUCK 000 000 7,34575 000 7,34575 FIRE PROTECTION 112,605 78 6,25946 1,024,205 33 8,14069 1,016,064 64 001-0541-001 1100 EXECUTIVE SALARIES 9,01266 000 94,967 72 000 94,967 72 001-0541-001 1200 REGULAR SALARIES 17,897.29 000 197,399 73 000 197,399 73 001-0541-001 1400 OVERTIME PAY 12,528.25 58662 14,226 19 58662 13,639 57 001-0541-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 000 001-0541-001.2100 F I C.A. 2,85869 000 22,150 09 000 22,150 09 001-0541-001.2200 RETIREMENT 6,591 96 000 26,790 78 000 26,790 78 001-0541-001.2300 LIFE & HEALTH INSURANCE 21388 000 44,579 51 000 44,579 51 001-0541-001.2400 WORKMAN'S COMPENSATION 0 00 000 27,000 00 000 27,000 00 001-0541-001 3100 PROFESSIONAL SERVICES 000 000 000 000 000 001-0541-001 3400 OTHER CONTRACTURAL SERVICES 5,70067 0 00 48,633 00 000 48,633 00 001-0541-001 3401 TRASH COLLECTION 34,255 70 000 204,649 55 000 204,649 55 001-0541-001 4000 TRAVEL AND PER DIEM 000 000 41782 000 41782 001-0541-001 4100 COMM. AND FREIGHT SERVICES 392.15 2500 4,82801 83093 3,99708 Run. 12/02/2004 City of Okeechobee 9-27AM Trial Balance As of September 30, 2004 Page 8 Fund 001 GENERALFUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 001-0541-001 4300 UTILITIES 6,03804 000 73,335 17 000 73,335 17 001-0541-001 4500 INSURANCE 000 000 27,001 92 000 27,001 92 001-0541-001 4600 R & M VEHICLES 3495 000 993.17 000 99317 001-0541-001 4609 R & M - BLDG & EQUIP 5,505.23 000 13,990 04 000 13,990 04 001-0541-001 4901 EDUCATION 000 000 471 00 000 471 00 001-0541-001 4909 MISCELLANEOUS 3507 11 11 62517 41 37 58380 001-0541-001 5100 OFFICE SUPPLIES 000 000 48 87 000 4887 001-0541-001 5200 OPERATING SUPPLY 32751 21333 1,38364 23083 1,152.81 001-0541-001 5201 FUEL/OIL 4,77315 000 14,511 83 000 14,511 83 001-0541-001 5202 OPER. SUPPLIES (TIRES) 562.46 000 95702 000 95702 001-0541-001 5203 OPERATING SUPPLIES (UNIFORMS) 32772 000 3,02799 000 3,02799 001-0541-001.5204 Added 6/21/04 by Accounts Payable 000 000 1,65013 000 1,65013 001-0541-001 5300 ROAD MATERIAL/SUPPLIES 3,681 84 96000 29,864 49 15,278.22 14,586.27 001-0541-001 5400 BKS , PUBLICA., SUBSC , MEMB 000 000 13571 000 13571 001-0541-001 6300 IMPROVEMENTS 000 000 5,86057 000 5,86057 001-0541-001 6400 MACHINERY AND EQUIPMENT ($750 O 8,38000 000 8,38000 000 8,38000 ROAD AND STREET 119,117.22 1,79606 867,879 12 16,967 97 850,911 15 001-0581-001 9200 TRANSFER -OUT CAPITAL PROJECTS-\� 000 000 75,784 04 000 75,784 04 capital projects -vehicles 75,784 04 75,784 04 001-2512-001 1100 EXECUTIVE SALARIES 3,88065 000 40,689 63 000 40,689 63 001-2512-001 1200 REGULAR SALARIES 3,115 10 000 31,411 84 000 31,411 84 001-2512-001 1300 OTHER SALARIES 000 000 000 000 000 001-2512-001 1510 LONGEVITY/SERVICE INCENTIVE 000 000 000 000 000 001-2512-001.2100 F I C.A. 502.59 000 5,07878 000 5,07878 001-2512-001.2200 RETIREMENT 1,47612 000 6,856.23 000 6,856.23 001-2512-001.2300 LIFE & HEALTH INSURANCE 60 09 000 11,815 49 000 11,815 49 001-2512-001.2400 WORKMAN'S COMPENSATION 000 000 1,40400 000 1,40400 001-2512-001 3103 MUNICIPAL CODE 0 00 000 2,41547 000 2,41547 001-2512-001 3400 OTHER CONTRACTURAL SERVICE 000 000 000 000 000 001-2512-001 4000 TRAVEL AND PER DIEM 000 000 59384 53.00 54084 001-2512-001 4100 COMM. AND FREIGHT SERVICES 471 84 0 00 2,70513 1 19 2,70394 001-2512-001 4609 R&M -Building 131 62 000 1,51389 000 1,51389 001-2512-001 4900 OTHER CURRENT CHARGES 2,27548 000 11,556 10 000 11,556.10 001-2512-001 4901 EDUCATION 000 000 28500 000 28500 001-2512-001 4909 MISCELLANEOUS 17745 000 842.14 31 00 811 14 001-2512-001 5100 OFFICE SUPPLIES 91 88 000 2,12652 000 2,126.52 001-2512-001 5400 BKS , PUBLICA., SUBSC , MEMB 000 000 2,261 49 000 2,261 49 001-2512-001 6400 MACHINERY & EQUIPMENT($750 OR M 000 000 1,612.00 000 1,612.00 001-2512-001 6401 MICRO FILM EQUIPMENT 000 000 6,36500 000 6,36500 CITY CLERK 12,182.82 129,532.55 85 19 129,447.36 • 9 Run 12/02/2004 City of Okeechobee 9-27AM Trial Balance Page: 9 As of September 30, 2004 Fund 001 GENERAL FUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance Grand Total GENERAL FUND 2,030,873 36 2,030,873 36 18,371,691 09 18,371,691 09 In Balance In Balance In Balance End of Report City of Okeechobee Run. 12/02l2004 Trial Balance 9-30AM As of September 30, 2004 Page. 1 Fund 201 DEBT SERVICE Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 201-101.2100 CASH IN BANK-SUNTRUST 18,730 01 42,000 00 263,605.43 245,520 71 27,178 79 201-104 1000 POOLED CASH -STATE BRD 1896 000 181 45 000 2,11540 201-105.2000 INTERGOVERNMENTAL RECIVABLES 37,455 18 2.52 37,455 18 30,128 61 37,455.18 201-115 0000 ACCOUNTS RECEIVABLE 000 000 0.00 000 000 201-131 0000 DUE FROM GENERAL FUND 42,000 00 000 42,000.00 42,000 00 000 201-202.0000 ACCOUNTS PAYABLE 000 000 000 000 000 201-207 0000 DUE TO OTHER FUNDS 000 000 4,15575 4,15575 -15,799 99 201-211 0000 BONDS & COUPONS AW PAYMENT 000 000 000 000 -2,012.00 201-215.0000 ACCURED INTEREST PAYABLE 000 000 000 000 000 201-223 0000 REVENUE COLLECTED IN ADVANCE 000 000 000 000 000 201-240 0000 INTERGOVERNMENTAL PAY -GENERAL 000 000 000 000 000 201-271 0000 FUND BALANCE 000 000 000 000 -23,344 64 201-311 1100 DEBT SERVICE AD VAL. 000 000 000 000 000 201-312.4100 LOCAL OPTION GAS TAX 000 56,182.77 000 224,731 08 -224,731 08 201-361 1000 INTEREST EARNINGS 2.52 21 38 2.52 229 14 -226 62 REVENUE SUBTOTAL CLEAR 98,206 67 98,206 67 347,400 33 546,765.29 -199,364 96 DEPT 517 201-0517-001 7100 PRINCIPAL 000 000 186,845 37 000 186,845 37 201-0517-001 7200 INTEREST 000 000 12,519 59 000 12,519 59 201-0517-001 7300 OTHER DEBT COST 000 000 000 000 000 DEBT SERVICE FUND 199,364 96 199,364 96 Grand Total DEBT SERVICE 98,206 67 98,206 67 546,765.29 546,765.29 In Balance In Balance In Balance End of Report • 0 City of Okeechobee Run. 12/01/2004 Trial Balance 1-23PM As of September 30, 2004 Page 1 Fund 301 PUBLIC FACILITIES IMPROVEMENT FD Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 301-101.2100 CASH IN BANK-SUNTRUST 29,893 79 161,149 00 328,555 75 184,412.28 313,847 19 301-104 1000 POOLED CASH -STATE BRD 68033 592 6,40577 77.22 482,036.99 301-105.2000 INTERGOVERNMENTAL RECIVABLES 53,865 74 145.21 53,865 74 44,984 05 68,723.08 301-115.0000 ACCOUNTS RECEIVABLE 145.21 000 145.21 1,14670 000 301-131 0000 DUE FROM GENERAL FUND 000 0.00 000 000 000 301-202.0000 ACCOUNTS PAYABLE 000 000 1,936.24 000 000 301-207 0000 DUE TO OTHER FUNDS 000 000 000 000 14,921 52 301-229 7001 ALLSTATE INSURANCE 000 000 000 000 0.00 301-243 0000 ENCUMBRANCES 000 137,888 40 000 137,888.40 -137,888 40 301-271 0000 FUND BALANCE 000 000 0.00 000 -719,240 32 LIABILITY CLEAR 84,585 07 299,188.53 390,908.71 368,508.65 22,400 06 301-312.4100 LOCAL OPTION GAS TAX 000 57,218.82 000 236,982.78 -236,982.78 301-312.4200 LOCAL ALTER, FUEL USER FEE 000 000 000 000 0.00 301-334 3900 FRDAP GRANT 000 000 000 000 000 301-335 1220 S R S EIGHT -CENT MOTOR FUEL 000 26,516 13 000 93,374 17 -93,374 17 301-335.4100 MOTOR FUEL TAX REBATE 000 000 0.00 2,34609 -2,346 09 301-361 1000 INTEREST EARNINGS 5.92 70491 77.22 6,71848 -6,641.26 301-369 1000 MICELLANEOUS 000 000 000 000 0.00 REVENUE SUBTOTAL CLEAR 592 84,439 86 77.22 339,421.52 -339,344 30 301-0549-001 3100 PROFESSIONAL SERVICES 000 000 000 000 000 301-0549-001 5100 OFFICE SUPPLY 000 000 000 000 000 301-0549-001 5300 Added 4124/02 by Accounts Payable 000 000 000 000 000 301-0549-001 5400 BOOKS, PUBLICATIONS, MEMBERSHIP 000 000 000 000 000 301-0549-001 6300 IMPROVEMENTS 138,766 40 000 150,915 46 000 150,915 46 301-0549-001 6302 BEAUTIFJOTHER PROJECTS 271 00 000 4,44898 920.20 3,528.78 301-0549-001 6400 MACHINERY & EQUIPMENT 000 000 5,00000 2,50000 2,50000 301-0549-001 9100 TRANSFER -OUT TO GENERAL FUND 160,000 00 000 160,000 00 000 160,000 00 PUBLIC FACILITY IMPROVEMENT FUN[ 299,037 40 320,364 44 3,420.20 316,944.24 Grand Total PUBLIC FACILITIES IMPROVEMENT FD 383,628.39 383,628 39 711,350 37 711,350 37 In Balance In Balance In Balance End of Report Run 12/01/2004 1-23PM Page. 1 Account Number Account Name 302-101.2100 CASH IN BANK-SUNTRUST 302-202.0000 ACCOUNTS PAYABLE 302-207 0000 DUE TO GENERAL FUND 302-243 0000 ENCUMBRANCE 302-271 0000 FUND BALANCE 302-331 3200 C D B G BLOCK GRANT 302-361 1000 INTEREST 302-3691000 MISCELLANEOUS 302-2552-001 3100 PROFESSIONAL SERVICES 302-2552-001 4609 COMMERCIAL BUILDING REHAB 302-2552-001 6300 SIDEWALKS & PEDESTRAIN MALLS 302-2552-001 6301 COMMERCIAL BUILDING REHAB Grand Total CDBG FUND 0 City of Okeechobee Trial Balance As of September 30, 2004 Fund 302 CDBG FUND Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 90,000 00 227,277 44 133,780.15 266,553 55 -132,773 40 000 000 000 000 000 000 90,000.00 000 119,608 62 -119,608.62 000 57,245 90 000 57,245 90 -57,245 90 000 000 0 00 000 000 0 00 000 000 30,796 06 -30,796 06 000 000 9000 9000 0.00 000 000 000 000 000 39,939 00 000 62,955 62 000 62,955 62 000 000 000 000 000 244,584.34 000 277,468.36 000 277,468 36 000 000 000 000 000 374,523 34 374,523.34 474,294 13 474,294 13 In Balance In Balance In Balance End of Report City of Okeechobee Run. 12MV2004 1-24PM Trial Balance As of September 30, 2004 Page. 1 Fund 303 CAPITAL PROJECTS FUND-BLDG. Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 303-10-1.2100 CASH IN BANK-SUNTRUST 000 000 110,266.25 84,473 38 0.00 303-104 1000 POOLED CASH -STATE BRD 000 000 000 000 000 303-105.2000 INTERGOVERNMENTAL RECEIVABLES 000 000 000 0.00 000 303-115.0000 ACCOUNTS RECEIVABLE 000 000 96,730 63 96,730 63 000 303-131 0000 DUE FROM OTHER FUNDS 000 000 000 000 000 303-202.0000 ACCOUNTS PAYABLE 000 000 33,347 07 1,29404 000 303-207 0000 DUE TO OTHER FUNDS 000 000 10,359 45 10,359 45 000 303-243 0000 ENCUMBRANCE 000 000 69,899 08 72,078.96 000 303-271 0000 FUND BALANCE 000 000 1,036.16 56,702.18 000 303-361 1000 INTEREST EARNINGS 000 000 5702 5702 000 303-369 1000 MICELLANEOUS 000 000 000 000 000 303-381 0000 TRANSFER -IN GENERAL FUND 000 000 000 000 000 303-0590-001.3100 PROFESSIONAL SERVICES 000 000 000 000 000 303-0590-001 3102 ENGINEERING FEES 000 000 000 000 000 303-0590-001 4909 MISCELLANEOUS 000 000 1565 1565 000 303-0590-001 6300 IMPROVEMENTS 000 000 11,820 00 11,820 00 000 303-0590-001 6400 MACHINERY & EQUIPMENT 000 000 000 000 000 303-0590-001 9100 TRANSFER -OUT TO GENERAL FUND 000 000 000 000 000 CAPITAL PROJECTS FUND 11,835 65 11,835 65 Grand Total CAPITAL PROJECTS FUND-BLDG 000 000 333,531 31 333,531 31 In Balance In Balance In Balance End of Report City of Okeechobee Run. 12/02/2004 9-23AM Trial Balance As of September 30, 2004 Page 1 Fund 304 CAPITAL PROJECTS -VEHICLES Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 304-101.2100 CASH 000 000 1,302,867 37 1,302,827 55 447 304-131 0000 DUE TO OTHER FUNDS 000 000 378,265 93 385,987 35 -7,721 42 304-202.0000 ACCOUNTS PAYABLE 000 000 000 000 000 304-271 0000 FUND BALANCE 000 000 000 1,02051 -985 16 304-304.2100 Added 8/18/03 by Accounts Payable 000 000 000 000 000 304-361 1000 INTEREST EARNINGS 000 000 000 447 -4 47 304-364 1000 DISPOSITION OF FIXED ASSETS 000 000 0.00 408,300 00 -408,300 00 304-381 0000 TRANSFER -IN GENERAL FUND 000 000 000 75,784 04 -75,784 04 304-383 0000 CAPITAL LEESE PROCEEDS 000 000 000 431,756 00 -431,756 00 304-0584-001 4600 VEHICLE DECALS & INSTALLATION 000 000 3,22455 000 3,224.55 304-0584-001 4909 Added 3/16/04 by Accounts Payable 000 000 1402 000 1402 304-0584-001 6400 VEHICLE AND EQUIPMENT PURCHASE 000 000 851,124 63 000 851,124 63 304-0584-001 7100 PRINCIPAL 000 000 51,700 68 000 51,700 68 304-0584-001 7200 INTEREST 000 000 18,497 74 1500 18,482.74 Grand Total CAPITAL PROJECTS -VEHICLES 000 000 2,605,694 92 2,605,694 92 In Balance In Balance In Balance End of Report City of Okeechobee Run. 12/02/2004 9-24AM Trial Balance As of September 30, 2004 Page: 1 Fund 305 INDUSTRIAL DEVELOPMENT FUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 305-101.2100 CASH IN BANK-SUNTRUST 61 18 3,44900 888,755.71 729,046 45 246,379 49 305-105.2000 INTERGOVERNMENTAL RECEIVABLES 245,426 40 000 245,426 40 0.00 245,426 40 305-131 0000 DUE FROM OTHER FUNDS 000 000 0.00 000 000 305-202.0000 ACCOUNTS PAYABLE 000 7862 73,029 18 78.62 -78 62 305-207 0000 DUE TO GENERAL FUND 000 000 20.00 0.00 000 305-207 1000 DUE TO GENERAL FUND (RESERVES) 000 000 41,128.00 488,178 77 -497,226 77 305-2430000 ENCUMBRANCE 000 1,601,93198 000 1,601,93198 -1,601,93198 305-271 0000 FUND BALANCE 000 000 000 000 36,554 95 305-331 1001 ECONOMIC DEVELOP GRANT (EDA) 000 000 68,601 65 000 68,601 65 305-334 1003 CDBG GRANT 136,952.00 000 136,952.00 000 136,952.00 305-334 4005 TRANSPORTATION GRANT (EDTF) 781,749 75 000 781,749 75 000 781,749 75 305-334 5002 STATE APPROPRIATION (RIF) 000 000 000 000 000 305-337 1006 OKEECHOBEE COUNTY 496,858 95 000 625,718.25 300,000 00 325,718.25 305-337 9007 RURUAL INFRASTRUCTURE 000 245,426 40 000 255,426 40 -255,426 40 305-361 1000 INTEREST EARNINGS 000 6118 12650 16538 -38 88 305-364 1004 SALE OF LAND 000 000 000 166,419 30 -166,419 30 305-369 1000 MISCELLANEOUS 000 000 000 000 000 DEPT552 1,661,048.28 1,850,94718 2,861,50744 3,541,24690 -679,73946 305-0552-001 3100 ENGINEERING SERVICES 113,998 90 000 443,406.29 41,128 00 402,278.29 305-0552-001 4909 MISCELLANEOUS 000 000 28667 000 28667 305-0552-001 6100 LAND 000 000 76,462.00 000 76,462.00 305-0552-001 6300 IMPROVEMENTS/WATER 75,900 00 0.00 101,800 47 6,74680 95,053 67 305-0552-001 6301 IMPROVEMENTS/ROADWAY 000 000 88,126.83 000 88,126 83 305-0552-001 6302 IMPROVEMENTS/SEWER 000 000 000 000 000 305-0552-001 6303 IMPROVEMENTS/BRIDGE 0.00 000 17,532.00 000 17,532.00 305-0552-001 6304 IMPROVEMENTS/RAIL SPUR 000 000 000 000 000 Grand Total INDUSTRIAL DEVELOPMENT FUND 1,850,947 18 1,850,947 18 3,589,121 70 3,589,121 70 In Balance In Balance In Balance End of Report • • City of Okeechobee Run. 1210212004 / 4 9-24AM Trial Balance As of September 30, 2004 Page. 1 Fund 601 LAW ENFORCEMENT SPECIAL FUND Account Number Account Name Current Debits Current Credits FYTD Debits FYTD Credits Current Balance 601-101.2100 CASH IN BANK-SUNTRUST 070 56200 3,312.10 9,80772 6,98318 601-101.2200 FORFEITURE CASH ON HAND 013 000 2.98 000 2,704.22 601-104 1000 POOLED CASH -STATE BRD 1896 000 181 43 000 4,77044 601-105.2000 INTERGOVERNMENTAL RECEIVABLES 000 000 000 1,200 00 000 601-202.0000 ACCOUNTS PAYABLE 000 16000 16000 16000 000 601-271 0000 FUND BALANCE 000 000 000 000 -21,969 05 601-351 0000 ADMINISTRATIVE FEES 000 000 000 2,10000 -2,100 00 601-351.2000 CONFISCATED PROPERTY 000 000 000 000 000 601-361 1000 INTEREST EARNINGS 000 1979 000 196.51 -196 51 601-369 1000 MICELLANEOUS 000 000 000 000 000 EXPENSE SUBTOTAL BEGIN 601-0529-001 4909 MISCELLANEOUS 000 000 000 000 000 601-0529-001 6300 IMPROVEMENTS 722.00 000 7,90972 000 7,90972 601-0529-001 6400 MACHINERY AND EQUIPMENT 000 000 1,89800 000 1,898.00 LAW ENFORCEMENT SPECIAL FUND 722.00 9,80772 9,80772 Grand Total LAW ENFORCEMENT SPECIAL FUND 741 79 741 79 13,464.23 13,464.23 In Balance In Balance In Balance End of Report • 0 1 he 01-xcclmbec Nvilvs rto,, 6111 f )lac(III)bee, Flovida 34973 (R(t.i 1 761-. 31.34 1'11111ishc•r1 Daily ;11 ,if I PUBLIC NUIICL CONSIDERATION OF APOr'1ING A CITY ORDINANCE p„hi h, , , d ,h, r Ihrr, h„te•r PLEASE TAKE NOTICE that the City Council of the City i ,f„•. 1,,!a, 6, t ,, t+t., r, h„t„ , in of'Okeeehobee, Florida will on Tuesday December 7, r t.,r„' , N,, , ,h,• .,n:,, !•.•,1, I,ti „f ,oven, :. 2004 at 6:00 p.m. or as soon thereafter passible, at Cityy Hall, 55 SE3rd Ave., Okeechobee, 11. conduct a PUBLIC HEARING on and thereafter coesiler final reading of the following Ordinance Into law, NO 876 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY RF ZONING A CERTAIN TRACT OF LAND MORE PARIICU- LARLY DESCRIBED HEREIN, FROM RESIITNTIAl. MUL TIPLE FAMILY ((RMF) ZONING OISIRII,T TO LIGHT COMMER, qL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY PROVIDING FOR CONFLICTS, SEVERABILITY AND AN f if FCTIVE rfATE i j • '. r? The purpose of the Ordinance is to c rm>nlci thr re70nurrl of Lots 9 and 4 of Block 21, Suulh nler; i,•,ber, `;uhdivi- sion, as presented by the aoplir.;+nl I, d K If hwif, Vi,,P President of K Builders, Inc. The, prnn r, - bt,;,lyd it 1306 Southwest 2nd Avenue, nkne, hoheo 111,•r,do ;n „i ,! i,,,l tl, ,,, r,•I rh••e u, uire •nn•d n{,,, h,d•. ,. ., ., I,•,httOwd lit'mid ork, .p,r,er n„h,• i":w— All members of the public are rnritii q :d t , .iltr.nJ „! and participate in said hearing The, pr,p„sr-! n,dw;wcr mbe inspected in Its entirety by men,bco; of the Pub- liithe Office of the City Clerk (Jut nig regular business hours, Mon-Fd, 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 mailer rnn ,lend at this headnQ such Interested person will need a record of the W 1nrth1r „ P, n,hr!:,id t't, !•f•, Nc,.,: prceeoi!:g8, and for such purpose mav need to ensure a 1whe,•, it, .1i,1 r)) reih„!" a verbatim record of the proceprlings is inade. which t ,I •, .,,d :,. ,. a,.tf,rr h t hurt„1,>re f •era record includes the testimony ar➢(I eviden,,e upon which " , ,", „ n .,,,? r 4 errh, h" , ,,,nti. 19„rich the appeal is to be based. City Clerk tapes are for tire sole purpose of backup for official records of the Clerk nr,•r•d a• arc,ant , la•;, mail ❑1,91wr at I• p ,t', • ,,, rx.; , h„I„•r it, >axi t rt•rrch„brr t'<,uniq, In accordance with the Americans witii Disability Act 1,.•11,,;1 „f „nr Nr;,, next proceedng III, fir .t (ADA)and Florida Statutes 286.26,persons with disabil- i 1 I pr „f ad,•rru ., u,r„t, Ind aff,ant es needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later ^t ', h, I. • m t,her pa,d nor pt,•+rn:,•d any pel—ti, then two (2) working days prior to nc� oroceed,nq at unt, 0' dr c,a,nni:.i vt nr odor„1 863-763-39 2 x215; if healing of voirr, ,firpaiied, call "; d ,unie,6, ad,ertiarnt�nrl,npuhhoatir,rrm TOO 1-8DD-222-3448 (voice) or 1 888447-5620 PT Lane Gamlotea, CMC, CITY CLERK 536793 ON 11/24/04 z , n •I „ r ,,4„ • rtL, U•rh+n• lip• thi*, �_ { tyr o t .Ito 17.^Or1a ' H-11,•d'Ih,u %tl mhr fl,•„ dme Co In, • • EXHIBIT 1 DECEMBER 7, 2004 ORDINANCE NO. 876 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL MULTIPLE FAMILY(RMF) ZONING DISTRICT TO LIGHT COMMERCIAL (CLT)ZONING DISTRICT, AMENDING THEZONING MAPACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITYAND 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. 04-009-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.325 acre(s) from Residential Multi -Family (RMF) Zoning District to Light Commercial (CLT) 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 consistentwith the City's Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend aforesaid revised Zoning Map as hereinafter set forth: NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 3 AND 4, BLOCK 21, SOUTH OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Residential Multiple -Family (RMF) Zoning District to Light Commercial (CLT) 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 2ND day of November, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 7 h day of December, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • • City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863)763-1686 Date: (i + I (ti Petition No. Q 4 — ,60,0, Fee Paid: C�1' ' 10q � tjCCj Jurisdiction: 1st Hearing: } (iI� t. I (1 y 2nd Hearing: II 1 UV 104 Publication Dates: Notices Mailed. Uniform Land Use Application Rezone - Special Exception • Variance ✓ Name of property owner(s): MiL ERS (NC• A Owner mailing address: Z $ 0l S W 34 TE.W-C.E PP I Name of applicant(s) if other than owner (state relationship): r>�� L I , I Applicant mailing address: I A I Name ofcontact person (state relationship):TED ItELC�� 1 �1�cSlt)Eh1T N T I Contact person daytime phone(s): Z b3 — �(4I ?S Fax: 351 - q q55 ✓ I Property address / directions to property 1306 &\,q 7 nd ku eN U E Indicate current use of property: tA� LE�krER Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): WJEtIMA vQ oC AEb Approximate number of acres: 0. 3 25 Is property in a platted subdivision? Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: R P NO O Have there been any land use applications c ncerning_ [ (al or part of this property in the last year? If so, indicate date, P nature and applicant's name: vNuow 11= k Y. E `� N I Is a sale subject to this application being granted? o T Y I I� the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: yt Describe adjoining land uses / improvements to the North6bT I ; Z) U 6*T tth11ME1Zb A L. South: 1?SF DUJEU 1 rJfr East: STh\3RyqjT west: 92151= Existing zoning: ICES I IJ T I A (,, Future Land Use classification: L.I (7 tb MME6AL IActions Requested: (_✓) Rezone Special Exception Variance Parcel Identification Number: "5 - 2.I •31 - 35 - 0040 '_00210 • 0030 J ✓ I Confirmation of Information Accuracy I 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 may $500.0 d ' nment of up to 30 days and result in the summary denial of this application. �%� 'e8 Kek�ntr Q- Z7 • C)� tgn tur Printed Name _ Date Uniform Land Use Application (rev. 1103) Page 1 of 2 C LT) !I Current zoning classification: I TT (� Requested zoning classification :,L1&q-r U M Mm Oj kl' R What is your desired permitted use under the proposed classification: E oMMEV.c A-(. - I 13� USE AS k DF91 CE N If E granted, will the new zone be contiguous with a like zone? _ e `(s Is a Special Exception necessary for your intended use? N O Variance? NJ O Describe the Special Exception sought: S P E. C Provide specific LDR ordinance citation: A L Are there other similar uses in the area? Is so, describe: E. X G- E Why would granting your request be in the best interest of the area and residents? P T I 0 If business, briefly describe nature including number of employees, hours, noise generation and activities to be N conducted outside of a building: IIDescribe Variance sought: W (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 (rcv. 1/03) Page 2 of 2 PanicIII) Nuudmt 1-11-17-35-O0Rom)210-0010 0 P,cpaiod by:md Rchmi h, 1 Ikcc iant" 1 rile t u npauy, In, 105 N W Gth Street Okeechobee, Plonda 34972 FILE NO 24113 Warranty Deed This Indenture, Executed this September 30, 2004 A.D Between LINDA S. CONNELLY, TRUSTEE OF THE LINDA S. CONNELLY REVOCABLE TRUST, DATED 3113101, whose address is 1025 S E. 21st STREET, OKEECHOBEE, FL 34974, hereinafter called the grantor, to K BUILDERS, INC., A FLORIDA CORPORATION, whose post office address is: 2062 S.W 18th LANE, OKEECHOBEE, FL 34974, hereinafter called the grantee; (wheuevei used hciem (lie lean "grantor" and "grantee" include all the parties to this instrument and the hens, Icgal representaD%cs and assigns of individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10 00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bar unto the grantee, all that certain land situate in OKEECHOBEE County, Florigains, sells, aliens, remises, releases, conveys and confirms da, viz: LOTS 3 AND 4, BLOCK 21, SOUTH OKEECHOBEE, ACCORDING'FO TIIF PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel ID Number- 3-21-37-35-0040-00210-0030 Subject to covenants, restrictions, easements of record and taxes for the current year Together with all the tenements, hereditanheuts and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever And tine grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said laud is free of all encumbrances except taxes accruing subsequent to December 31, 2003 In Witness Whereof, the said grantor has signed and sealed these presents tine day and year first above written. Signed, sealed crud deliver rt oir pleselice —wnncss flirted Name Sylvia C. Burk 14'ilni 'S Prmicd Namc_{�/�—`--`—t_ {� • L �t � /�/� State of I,londa County of Okeechobee 7 , ZLY J i(Seal) LIi�IDA S. CONNELLY, T STFF Addiess. 1025 S.E. 21st STREET, OKEECHOBEE, FL 34974 The foregoing instrument was acknowledged before me this September 30, 2004, by LINDA S___-_— _ONNELLY I'RUS'I'EE, who is/are Personally known to the or who has produced a drivers license as identification. ,�% ;• o JatYSz�2�A, ✓Notary Public o 00 9r,, . ? Print Namc *' _• :*_ W DIy Commission F,xpirDEED Okcecltobec Closers' Choice K-- Builders Inc. 2801 SW 3rd Terr. Okeechobee, Florida 34974 (863)763-8613 (863) 357- 9955 Fax September 28, 2004 City of Okeechobee General Services Department 55 SE 3rd Avenue Okeechobee, FL 34974 Certified Building Contractors CBC 1250942 Re: Statement of Special Reasons and Basis for the Request To Whom it May Concern; We are requesting that the following parcel of land be re -zoned to light g t commercial. Parcel I.D. #3-21-37-35-0040-00210-0030 We plan to use this space as an office. According to L.D.R., offices are not permitted, therefore we are requesting this change. Thank you for your time and consideration. Respectfully Submitted, Ted Kelchner K— Builders Inc. 2801 SW 3rd Terr. Okeechobee, Florida 34974 (863) 763-8613 (863) 357- 9955 Fax September 28, 2004 City of Okeechobee General Services Department 55 SE 3" Avenue Okeechobee, FL 34974 P Certified Building Contractors CBC 1250942 Re: Intended Use, Nature of Activities and Development of Property To Whom it May Concern; This information is in regards to # 11, on the Checklist for Rezoning: The intended use for parcel #3-21-37-35-0040-00210-0030 should it be re -zoned from Residential to Light Commercial is Office Space. The nature of activities to take place at this location is the dail operations of an office. There is no intended "development to the roe y is legally required such as a parking area. p p rty with the exception of what Re?ehner ly Submitted, ed F—Map Page 1 of I � NORTH -AL. 2 3 4 14 12 6 12 6 7 1 7 1 43 7 2 S28 2 2.95 AC 3 9 3 13 3 19 18 10 17 33 35 35A 11 5 11 5 1.2 PC 6 12 c. 12 6 1 7 1 1 7 1 4.2A 36 .34 PC 2 8 2 2 3 2.51 PC 34 37 3 2A 99 lu 21 10 2., 4 .43 PC Al 5 Ac 11 5 11 5 33 .27 AC 12 6 i 12 6 7 1 7 2 3 2 2 8 2 4 li 3 q 3 g A 2.52 AC 25 4 10 24 4 10 23 4 3 2 1 2 11 11 5 1 12 6 12 6 2 3A 4A 5H 6A 7A PA 71 7 1 so 3 4 y. -T7 SCUTH —1-011 http://www.okeechobeepa.com/GlS/F_Map.asp 9/28/04 �J R=F N89° 48' 12' N 142, 70' ''5 15. 00' 142 51 P1 a W G c Lr 3: a v o rn c Ln c � o o o O z [NO IMPROVEMENTS ShCW^1] c � c � LOr � a 0 u; 142. 51 PI N89°48'12'1 142.70' R8S RSc c � � c kALE 1' -30- I Z SE CORNEA D RBF LELAND DYALS R. L. S. 2084 304 S. W. 3rd Ave. , Okeechobee, Fla. PHONE .... 763-4909 FAX..... 763-2600 --- N0. 1 AE'V I S IONS LEGEND RBF - P.ebar Found PBS - Pebar W/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRaf - Permanent Reference Monumen- (P] - As per the plat of (F] - Field Measurement (D3 - As per the deed (C1 - Calculation Z LJ NOTES= 1 Basis bearing EAST LINE OF BLOCK 21 2 2. Bearings ASSUMED a C = 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 2 Sri STREET ADDRESS: 1306 SW 2nd AVENUE CERTIFIED TO: 35 ROBIN LAMB SURVEY OF LOTS 3 AND J, BLOCK 21, SOUTH OKEECHOBEE, 'CCOPOING TO THE PLAT THEREOF RECOROEO IN PLAT BOOK 5, PAGE 7 CF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY FLORIDA CEPTIFiCATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED UNDER MY DIRECTION AND SUPEERVISIGN. Ln AND DYALS, RLS 208� I IBCALE 1' • 30' I LoCArtaw LOT 394 BLK e1 S. OKEE. 'COMPUTED SURVEY FOR: IeR. ROBIN fDBY'RAMM LD INA,JC JH4867 i LAMB DATE I BY I SEAL IF B. /P0.: CITY 0/� 21/37/35 1 IRATE 1/04/01 1ra5 No.: 4867 ONG. Mo.. ISHEET 1 OF • § 137*ckson Street, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 • Email: larue-planning(&,,att.net Staff Report Rezoning Request Applicant: Ted Kelchner, Vice President Owner: K Builders, Inc. From: R IF to CLT Petition No. 04-009 R Staff Report Rezoning Request General Information Applicant: Applicant Address: Applicant Phone Number Future Land Use Map Classification Zoning District Use of Property Acreage Access Ted Kelchner 2801 SW 3rd Terrace Okeechobee. FL 86 3-763-8613 Commercial RMF Daycare Center 0.325 SW 2nd Avenue Location: 1306 SW 2nd Avenue, Okeechobee. FL Applicant: Ted Kelchner Petition No. 04-009-R Commercial CLT Office 0.325 SW 2nd Avenue Legal Description: Lots 3 and 4, Block 21. South Okeechobee, According to the plat thereof recorded in Plat Book 5, Page 7 of the public records of Okeechobee County, Florida Request: The matter for consideration is an application for a change in zoning from RMF (Residential Multiple -Family) to CLT (Light Commercial) The purpose of this request is to allow the applicant to utilize the property as an office. VZOI oil IFIBMTM North: Future Land Use Map Classification: Single Family Zoning District: RSF j Existing Land Use: Residential Dwelling { East: South: Future Land Use Map Classification Zoning District• Existina Land Use: Future Land Use Map Classification Zoning District: Existing Land Use - Commercial CHV Restaurant Single Family RSF Residential West: Future Land Use Map Classification: Single Family Zoning District: RSF Existing Land Use: Residential • • _Staff Report Rezoning Request Applicant: Ted Kelchner Petition No. 04-009-R The current zoning designation assigned to the property does not allow office space as a permitted or special exception use. As such. the applicant is requesting the CLT zoning district. This request, if granted, will bring the subject property into consistency with the Future Land Use Map designation of Commercial. Analysis 1. The proposed use is not contrary to Comprehensive Plan requirements. The proposed use is consistent with the Future Land Use Map and the land use policies regarding commercial development. 2. The proposed use being applied for is specificallY authorized under the zoning district in the Land Development Regulations Office space is an allowable use under the Land Development Code's permitted uses in the CLT Zoning District. 3. The proposed use will not have an adverse effect on the public interest. No, the proposed use will not have an adverse effect on the public interest. The site was previously used as a day care facility. 4. The use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns The established land use pattern includes primarily commercial uses. The proposed use is consistent with the surrounding areas. The proposed change will be appropriate for this location and not detrimental to urbanizing land use patterns. 5. The proposed use N,ill not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property The proposed change from RMF to CLT will not have an adverse impact on the surrounding properties. 6. The proposed use can be suitably buffered froin surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The proposed use is required to provide a 20-foot setback from adjacent residential properties and adequately buffer this area. 2 Staff Report Rezoning Request Applicant: Ted Kelchner Petition No. 04-009-R 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 will not over burden public facilities. Schools — no impact Streets — minimal impact Utilities — minimal impact on the current capacity 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safgy The subject property will not adversely effect traffic congestions, flooding, or drainage. 9. The proposed use has not been inordinately burdened by unnecessary restrictions The only restrictions that have been placed on the subject property are those included in the City's Comprehensive Plan and those found in the City's Land Development Code. 10. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public x elfare No special privileges will be conferred on the applicant is this request is granted. Summary and Conclusions Prior to Certification This request is consistent with the Comprehensive Plan as stated in criteria 1 of this report. Other Regulations The applicant will be required to comply with the regulations set forth in Section 90- 256 of the Land Development Code, which state, Section 90-256. Additional Regulations. Additional regulations which shall apply to all uses in the CLT district include, but are not limited to 1. Concurrency regulations. 2. Parking and loading regulations. 3. Landscaping regulations. • • Staff Report Applicant: Ted Kelchner Rezoning Request Petition No. 04-009-R 4. Sign regulations. 5. Accessory use regulations. 6. Supplementary use regulations. 7. Environmental and stormwater regulations 8. Utilities regulations. Based on the above criteria being met, staff recommends approval of the request to allow rezoning from RMF (Residential Multiple -Family) to CLT (Light Commercial) permitting the applicant to utilize the property as an office.. Submitted by: James G. LaRue, AICP Planning Consultant October 19, 2004 M 170 P02 CiC'l !--1 '04 IC:1-4 ZMING ATLM M" c U9 77� TET t M' CHO EE l'Y I OF t�KEE LYING WITHIN A PORTION OF RXF SECTIONS 45, 16, 21 & 22 7 TOWNSHIP 37 SOUTH RANGE 35 EAST lw ri OKEECHOBEE COUNTY, FLOR I DAI-,-.-'.-.--- 71-1 ,&VE.6 M BT�EKi t 10' � _ 1 -- _ -' _ PUB N, 7 N ITRIET Lop c� FA ' -icpo (xv srft(T 70'3 H71 RSFI 14, 1 -V =,PqdT t 40 1 cw - Plz r.OF* I ti N 1"M? fit' I 1, 04 !K STA r-k 49'f CHV AM sli!i.rk V.M T (50'l )&'04-009-R — Tom Kelchner $. I Th 111W From: RMF To: CLT I M if-Affl ii. I F October 26. 2004 - Planning Board - Page 2 of 3 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-009-R. Consider a recommendation to the City Council to rezone the property located at 1306 SW 2nd Avenue from Residential Multiple Family (RMF) to Light Commercial (CLT). K Builders, Inc. is the property owner, Ted Kelchner is the applicant - Exhibit 1. • E ACTION - DISCUSSION - VOTE Jim LaRue, City Planning Consultant, briefly described the Staff Report as follows: Planning Staff Report Summary: The current zoning designation assigned to the property does not allow office space as a permitted or special exception use. As such, the applicant is requesting the CLT zoning district. This request, if granted, «-ill bring the subject property into consistency with the Future Land Use Map designation of Commercial. Planning Staff Report Analysis: (1) The proposed use is consistent with the Future Land Use Map and the land use policies regarding commercial development. (2) The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations Office space is an allowable use under the Land Development Code's permitted uses in the CLT Zoning District. (3) The proposed use will not have an adverse effect on the public interest. The site was previously used as a day care facility. (4) The established land use pattern includes primarily commercial uses. The proposed use is consistent with the surrounding areas. The proposed change will be appropriate for this location and not detrimental to urbanizing land use patterns. (5) The proposed change from RMF to CLT will not have an adverse impact on the surrounding properties. (6) The proposed use is required to provide a 20-foot setback from adjacent residential properties and adequately buffer this area. (7) The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. The only restrictions that have been placed on the subject property are those included in the City's Comprehensive Plan and those found in the City's Land Development Code. (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 Summary and Conclusion prior to Certification: This request is consistent with the Comprehensive Plan as stated in criteria 1 of this report. Planning Staff Report Additional Regulations: Additional regulations which shall apply to all uses in the CLT district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. AGENDA IV. NEW BUSINESS. B. Rezoning Petition No. 04-009-R, continued. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. ATTEST: Katrina Vinson, Secretary William Ledferd, Chairperson October 26, 2004 - Planning Board - Page 3 of 3 ACTION - DISCUSSION - VOTE Planning Staff Report Additional Regulations: Additional regulations which shall apply to all uses in the CLT district include, but are not limited to: (1) Concurrency regulations. (2) Parking and loading regulations. (3) Landscaping regulations. (4) Sign regulations. (5) Accessory use regulations. (6) Supplementary use regulations. (7) Environmental and stormwater regulations. (8) Utilities regulations. Planning Staff Report Recommendation: Based on the above criteria being met, Planning Staff recommends approval of the request to allow rezoning from RMF (Residential Multiple -Family) to CLT (Light Commercial) permitting the applicant to utilize the property as an office. There was no public comment. There was no questions or concerns from Board. Board Member T. Keller motioned to recommend to City Council to approve Rezoning Petition 04-009-R, based on Planning Staff, s Recommendation; seconded by Board Member Jones. VOTE IIOOVER - YEA JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY - YEA MAXWELL - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Ledferd adjourned the meeting at 7:06 I P.M. • f EXHIBIT 2 DECEMBER 7, 2004 ORDINANCE NO. 877 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HEAVY COMMERCIAL (CHV) ZONING DISTRICT TO COMMERCIAL BUSINESS (CBD) 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. 04-010-R) pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 0.64 acre(s) from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) 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, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. LEGAL DESCRIPTION. The following described land, located in the City of Okeechobee, to -wit: LOTS 3 THROUGH 12, BLOCK 143, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 2. ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject property zoning classification to be changed from Heavy Commercial (CHV) Zoning District to Commercial Business (CBD) 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 7t`' day of December, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 0 day of January, 2005. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R. Consider a recommendation to the City Council to rezone the property located within the 200 Block of Northeast Park Street from Heap,, Commercial (CHV) to Commercial Central Business District (CBD). The application was submitted by Christopher and Gail Newman. Vikki Aaron, is actin- as agent on behalf of %It and Mrs. Newman and surrounding property owners Edward Appleton, President and CEO of First Bank of Indiantown, David and Rose Conlon. and John Whidden, owner of Whidden Enterprises, Inc. - Exhibit 1. u November 23, 2004 - Planning Board - Page 2 of 5 ACTION - DISCUSSION - VOTE Jim LaRue. City Planning Consultant. briefly described the Staff Report as follows. Planning Staff Report Summary: The applicants are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Regulations. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Planning Staff Report Analysis: (1) The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. (2) The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Re,ulattons. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also (3) The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. (4) The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same To lessen parking for the area, the applicant will still halve the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. (5) The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. (6) The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. (7) The impact of the proposed district will not create a density pattern that �yould overburden public facilities. (8) Staff does not anticipate any traffic, flooding, or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. In fact, the CBD Zoning District will be granting more flexibility to the applicants. (10) No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. AGENDA IV. NEW BUSINESS. A. Rezoning Petition No 04-010-R, continued. November 23, 200.1- Planning Board: Page 3 of 5 ACTION - DISCUSSION - VOTE Planning Staff Report Summary and Conclusion prior to Certification: The subject propem is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants' request is consistent with the Future Land Use designation. Planning Staff Report Recommendation: Based on the above Rezoning criteria being met. the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent with the Comprehensive Plan and Land Development Regulations. John Cook. Cite Attomey, explained to the Board Members that when the City allowed the Newmans to construct the building up to the sidewalk they were basically allowing them to de\elop the property as if it was located within a CBD zoning district. In turn. Attorney Cook concurs with the Planning Staff in recommending the zoning change from CHV to CBD Board Member McCov questioned Mr LaRue whether the rezoning would have an adverse affect on lots 1 and 2. Mr LaRue explained that it would not really affect the property owners of lots 1 and 2 because the permitted uses within the CBD zoning district are close to the same permitted uses within the CHV zoning district. Property owner. Chns Newman. questioned the definition of Heavy Commercial. Mr. LaRue explained that Heavti Commercial is a retail district which allows more extensive use than the uses allowed within the Central Business District. Suzanne Hooper, surrounding property owner, questioned ivlr LaRue regarding the proposed rezoning. Ms. Hoover questioned if the rezoning would eliminate the requirement for parking. Mr LaRue explained that no, the rezoning would not eliminate the requirement for parkins. He continued, the property owners could apply for a reduction of parking from the City Council. Ms. Hoover presented the Board Members with her concerns regarding the proposed rezoning. Ms. Hoover lives in the North East corner of the Block. and has had problems since the building was constructed. The building was built with a parking lot located behind it. the people are using the alley as the entrance and exit of that parking lot. There have been parking problems since the AGENDA IV. NEW BUSINESS. A. Rezoning Petition No. 04-010-R, continued. i 0 November 23, 200.1- Planning Board - Page 4 of S ACTION - DISCUSSION - VOTE building was constructed and a restaurant was permitted to open with no parking spaces. Once thei restaurant opened the traffic and parking problems worsened. The City erected "Parking for Residences Only' signs for her and her neighbor, however the patrons of the Newman's building neglected to obey them. Since the restaurant has closed the traffic and parking problems have diminished. ivfs. Hoover explained that the Newman's are planning to add another restaurant which will again make the traffic and parking problems increase. Ms. Hoover continued by explaining that it was unfair that the building was allowed to be built, the City made an error and by continuing to make mistakes it will not make this a better situation. In April of 2003 the City Council approved a reduction of parking request, at that time the Council voiced concerns with the parking. In conclusion. Ms. Hoover explained that if this rezoning was approved it will cause harm to the residential home owners. If the rezoning is approved, she requested that the Hoover and Brown properties be rezoned as well. and that they still be permitted to live there. Attorney Cook explained that Ms. Hoover's information was accurate, however commercial uses would be permitted if the property was rezoned, residential uses would not. He explained that although the concerns were valid. they did not grant denial. He agreed that the City should assist the home owners with their parking issues. Attorney Cook explained that the Land Development Regulation's do not permit alleys to be used as access to a commercial parking lot. Jim LaRue explained that the request for the zoning change does meet the required characteristics to be approved. v Board Member McCoy questioned if the current uses are in compliance with the parking regulations. Attornev Cook explained that the first use that requests approval from the CitN meets the requirements, then that business moves out and a new one moves in with a different use and they can't meet the requirements. There was no further public comment. There was no further questions or concerns from the Board Members. 11 AGENDA IV. NEW BUSINESS. A. Rezoning Petition No 04-010-R. continued. V. ADJOURNMENT -Chairperson PLEASE TAKE NOTICE AND BEADVISED that if am person desires to appeal any decision made by the Plammg Board with � respect to an} matter considered at this proceeding. such interested person will need a record of the proceedmss. and for such purpose may need to ensure a verbatim record of the proccedmgs is made. hich record includes the testimony and evidence upon which the appeal is to be based. General services tapes are for the sole purpose of backup for official records of the Department. William Ledferd. Chairperson ATTEST Katrina Cook. Secretary November 23, 2004 - Planning Board - Page S of S ACTION - DISCUSSION - VOTE Board Member T Keller motioned to recommend to City Council to approve Rezoning Petition 04-010-R based on Planning Staff s Recommendation; seconded by Board Member McCoy VOTE JONES - YEA K. KELLER - YEA T. KELLER - YEA LEDFERD - YEA MCCOY-YEA MA\WELL-YEA MOTION CARRIED. There being no further items on the agenda. Chairperson Ledferd adjourned the meeting at 7 4: p.m. . 1375 Jackson Set, Suite 206 Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Email: larue-planning(i�,att.net Staff Report Rezoning Request Applicant: Christopher and Gail Newman From: Commercial Heavy (CHI) To: Commercial Business (CBD) Petition No. 04-010 R Staff Report Rezoning Request General Information Applicant: Applicant Address Applicant Phone Number: Contact Person Future Land Use Classification Zoning District Use of Property Acreage Access Applicant: Christopher and Gail Newman Petition No. 04-010-R Christopher and Gail Newman 207 NE Park Street Okeechobee. Florida 34974 Vicki Aaron 863-467-4768 Commercial Commercial Heavy (CHV ) Commercial center 1.64 Park Street Commercial Central Business (CBD) Commercial Center 1.64 Park Street Location: 200 Block of NE Park Street and NE Second Street Legal Description: Lots 3 through II Block 153. City of Okeechobee, according to the plat thereof as recorded in Plat Book 5. Page 5 of the Public Records of Okeechobee. Countv, Florida The applicant is requesting to rezone approximately 1 64 acres of developed property from the Commercial Heavy Zoning District (CHV)to Central Business Zoning District (CBD). Adjacent Future Land Use Map rations wing Districts: North: East: South: Future Land Use Map Classification: Commercial Zoning District: Residential Multi -Family Existing Land Use: Funeral Home Future Land Use Map Classification: Commercial Zoning District: Commercial Heavy Existing Land Use: Residential Future Land Use Map Classification: Public Facilities Zoning District: Public Use Existing Land Use: Commercial • • Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-R West: Future Land Use Map Classification: Commercial j Zoning District: Central Business Existing Land Use: Drug store The applicants of the above described property are requesting this rezoning in order to be relieved of some of the parking regulations required in the City's Land Development Code. The CBD Zoning District would give the applicants more flexibility in uses that could be accommodated by allowing alternative parking and less strict parking and loading standards (see Parking standards for the CBD Zoning District). The issue to be decided is whether this specific land area officially belongs within a CBD Zoning District. Analysis 1. The proposed zoning is not contrat_y to Comprehensive Plan requirements. The existing uses have already met the Comprehensive Plan requirements. The applicants are not presently proposing to change any of the existing uses already on the property. A CBD Zoning District is certainly consistent with the Comprehensive Plan as long as the CBD Zoning District characteristics are present at this site. ?. The proposed use being applredjor is specifically authorized tinder the zoning district in the Lancl Development Regulations The applicants' request to rezone the property to the CBD Zoning District is appropriate under the Land Development Regulations. The existing uses are also allowed under this Zoning District and proposed uses would be allowed also. 3. The proposed zoning will not have an udverse effect on the public interest. The applicants' request should not have an adverse effect on the public interest. Traffic impacts will be minimal as long as adequate parking is available when people are conducting business at the commercial center. 4. The zoning is appropriate for the IOCatiOn proposed. is reasonahly compatible with adjacent land uses, and is not conhrurl• or detrimental to urbanizing land use patterns. The CBD Zoning district is appropriate for this location. The current businesses have already been considered compatible with adjacent land uses. These uses are not detrimental to urbanizing land use patterns. Ingress and egress to the subject property will remain the same. To lessen parking for the area. the applicant will still have the burden of showing how street parking or other parking alternatives can lessen the normal off-street parking requirements. I Staff Report Rezoning Request Applicant: Christopher and Gail Newman Petition No. 04-010-R J. The proposed use will not adversely Ciffect p7'0per'tl' values or living conditions, or he a deterrent to the improvement or clevelopinent of adjacent property, No. the applicants' request will not adversely affect property values or living conditions, nor will it be a deterrent to the improvement or development of adjacent property. 6. The proposed use can he suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood The existing and proposed uses pose no impacts on the surrounding uses. Staff sees no need to impose buffering requirements upon the applicants as the adjacent property also shares the same CBD Zoning District. %. The proposed use or Zoning District Will not create a density pCrtter'n that would overburden Inrhlic facilities such cis schools, streets, and utility services The impact of the proposed district will not create a density pattern that would overburden public facilities. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public sc fie , Staff does not anticipate any traffic" flooding. or drainage problems with the proposed zoning district. It still is the burden of the applicant to demonstrate why parking requirements should be lessened for this location. 9. The proposed use has not been inordinately biir'dened ht' unnece.ssar'V restrictions No. the proposed use has not been inordinately burdened by unnecessary restrictions. In fact. the CBD Zoning District will be granting more flexibility to the applicants. 10. The proposed change will not constitute a grant of special pr Nilege to an indit,ichial owner us contrasted widr the public welfare No special privileges will be granted to the applicants that are not already allowed under the Land Development Code's regulations. Summary and Conclusions Prior to Certification The subject property is designated Commercial on the adopted City of Okeechobee Future Land Use Map and the applicants" request is consistent with the Future Land Use designation. • Staff Report Applicant: Christopher and Gail Newman Rezoning Request Petition No. 04-010-R Recommendation Based on the above Rezoning criteria being met, the request to rezone the parcel from CHV to CBD is recommended to be approved as it is consistent «ith the Comprehensive Plan and Land Development Regulations. Submitted bv: James G. LaRue. AICP Planning Consultant November 11, 2004 4 231 P02 No" 11 ' 1,14 15: a 3 4 90.312 OKEECHOBEE CODE (2) Retail service, retail store including out- door display of merchandise. (3) Restaurant, cafe. (4) Personal service. (5) Dry cleaner, laundry. (6) Private club, nightclub. (7) Craft studio. (8) Business school. (9) Commercial indoor recreation. (10) Commercial parking garage or lot. (LDR 1998, $ 391) Sec. W313. Special exception uses. The following uses and structures are permit- ted in the CBD district after issuance or a special exception use petition and may have additional conditions imposed at the time of approval: (1) Drive -through service. (2) Auto service station, car wash. (3) Radio, television or cable reception, trans- mission or operational facilities. (4) Mechanical and repair services. (6) House of worship. (6) Marina, dock, pier. (7) Public facility or use. (8) Public utility. (9) Permir-ed uses in excess of 45 feet in height. (10) One dwelling unit per commercial build- ing, not exceeding two bedrooms or $00 square feet. (11) Outdoor vehicle sales lot. (LDR 1998, $ 392) Sec. W314. Customary accessory uses. Each permitted principal use and special ex- ception use in the CBD district is also permitted to have the customary accessory uses for that use, (LDR 1998, § 393) Sec. 90.315. Lot and structure requirements. Except where further restricted by these regulations for a particular use, the minimum lot and structure requirements in the CBD district shall be as follows: (1) Minimum lot area. All uses: Area As needed to comply with requirements set out in this division. Width None (2) Minimum yard requirements. Except where a greater distance is required by these regulations for a particular use, the minimum yard setbacks shall be as follows: a. All uses: Front None Side None or at least eight feet; 20 feet abutting residential zoning district Rear None; 20 feet abutting a res- idential zoning district b. The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. CD90:24 0 • CENTERL INE N. E. 2nd AVENUE 0 RBF 50. 0' ( P) a in Z LOT x 6 0 W Q N 0 4j o m 2 Z Q ti W U x 0 z 35' DRILL HOLE RBF DRILL HOLE a �n N LOT 7 N89' 59' 38' E 199.9' (F) 50. 0' (P) ( 50. 0' (P) I I I LOT I LOT 5 4 28551.58 SQUARE FEET CHRIS 6 GAIL NEWMAN IMPROVEMENTS NOT SHOWN OR 251 PG 590 I I i I 200.0' (F) 300.0' ( F I I I I LOT I LOT 8 9 I I 2i378.46 SQUARE FEET FIRST BANK OF INDIANTOWN IMPROVEMENTS NOT SHOWN OR 438 PG 1656 50.0' (P) I 50.0' ( P) 50.0' ( P) LOT 3 m CV ti 0 0 0 0 z 15' (P) RBF 35' I i � NOT PART I NOT PART OF SURVEY OF SURVEY CL Ln Ui Q LOT I LOT PBS ALLEY 15. 24' (F) 7111.60 7104.32 7098.33 SQUARE FEET SQUARE FEET SQUARE FEET CHRIS 6 GAIL CECIL 6 ANN MILDRED NEWMAN NEWMAN FEREBEE LOT LOT 10 11 IMPROVEMENTS IMPROVEMENTS NOT NOT SHOWN SHOWN OR 236 OR 508 PG 1019 PG 1468 LOT 12 IMPROVEMENTS NOT SHOWN OR 337 PG 263 W W Q C- M z RBF 2 z LO a N c w o v cu 0 0 0 50. 0' ( P) 1 50. 0' (P) RBF-NB9'59'i8'W (F)' RBF 49.96' (F)w CENTERL 1 NE NORTH PARK STREET (S. R. 70) I 50.0' ( P) I N89' 59' i8' W 250.2' (F1 LEL AND D YAL S R. L. S. 2084 304 S. W. 3rd Ave., Okeechobee, Fla. PHONE .... 763-4909 FAX .... 763-2500 1p 50.0' (P) VISION LEGEND RBF - Rebar Found PBS - Reber #/Cap Set IPF - Iron Pipe Found CMF - Concrete Monument Found PRM - Permanent Reference Monument fP) - As per the plat of (F) - Field Measurement ID) - As per the deed (C) - Calculation NOTES: i. Basis bearing #EST PROPERTY LINE 2. Bearings shown as per the plat of ASSUMED 3. Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 4. Description furnish by owner. CERTIFIED TO: CHRISTOPHER NEMMAN GAIL NEMMAN FIRST BANK OF INDIANTOHN CECIL NEMMAN ANN NEMMAN MILDRED FEREBEE CITY OF OKEECHOBEE SURVEY DF: Christopher 6 Gall Newman LOTS 3, 4, 5, AND 6, BLOCK 153. CITY OF OKEECHOBEE. ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA First Bank of Indiantown LOT 7, B, AND 9, BLOCK 153, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Christopher 6 Gail Newman LOT 10. BLOCK 153. CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND ALSO RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Cecil 6 Ann Newman LOT 11, BLOCK 153, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Mildred Ferebee LOT 12 OF BLOCK 153 IN THE TOMN OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5. PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SAID LOT LYING IN AND COMPRISING A PART OF SECTION 15, TOMNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. CERTIFICATE OF SURVEY I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOMN HEREON HAS PREPARED UNDER MY DIRECTION AND SUPERVISION. LEL N� D DYALS, RL� - - SCAL' is . 50' CONPU.� NUNN NH L IBRARY DATE eY _........ SEAL F.&/Pp.:CITY 19/21 SCALE 1'-50'1 LOCATIow LOT 3-1.4 BLOCK 1.53, CITY OF OKEECHOBEE 0-3M-3% ATE: 10/20/04 CHR I STOPHER & GAIL M : 5833 NEWMAN ' 1 OF Christopher W. and Gail M. Newman Property Owners and Applicants Statement Addressing Existing Use of Surrounding Properties The property under consideration is a 1.64 acre site, with primary frontage on N. E. Second Street and N.E. Park Street. The property is also bounded by N.E. 3`d Avenue to the east, N.E. 2nd Avenue to the west. The property is rectangular in configuration and is currently zoned Heavy Commercial (CHV). The property's north boundary line abuts N.E. Second Street. Just beyond Second Street is Bass Funeral Home. To the east of the subject property are two (2) residential properties. Further to the east is Regions Bank. To the west is the Eckerd's Drugstore. Directly south adjacent to Park Street is a number of government uses. Further south is a variety of commercial uses. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. The proposed change in zoning is consistent with the comprehensive plan and land development code. Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Intended Use Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co -applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The intention of the applicants and co -applicants is to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off-street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation of the comprehensive plan. • 0 Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Special Reasons and the Basis for the Request Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co -applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Second Street and N.E. Park Street. The improvements include a 13,750 square foot commercial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and a 1,326 retail store/pawn shop. The applicants and co -applicants are requesting a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off- street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation. F—Map Page I of I r, NORTH LL LC C,.! 3-1 -5-37-35-0010-0 1530-0030 NEVVTYIAN CHRISTOPHERW S GAL NI et ;zr7-$56'00Q-l"'Q STATE ROAD 70 5- E FARX STREE'r W SCUTHI 14 http://www.okeechobeepa.com/GIS/F_Map.asp 10/26/2003 • City of Okeechobee General Services Department 55 S.E. 3" Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Date: ' Petition No. 04-0 Fee Paid: I o l a 51 Q `t Jurisdiction: P + 1st Hearing: , l a(3 1 Ql�. 2n`ddHearing: �'� t ' q- Publication Dates: Fax: (863) 763-1686 1 Notices Mailed: Uniform Land Use Application Rezone • Special Exception • Variance ✓ II Name of propertyowner(s): Christopher W. and Gail M. Newman A P P L I C A N T P R O P E R T Y Owner mailing address: 207 NE Park Street Okeechobee, FL 34974 Name of applicant(s) if other than owner (state relationship): same Applicant mailing address: same as above Name of contact person (state relationship): Vikki Aaron — agent Contact person daytime phone(s): 863-467-4768 Fax: 863-467-4618 Property address / directions to property: 200 Block NE Park Street & NE Second Street Indicate current use of property: Commercial Describe improvements on property, including number/type of dwellings and whether occupied (if none, so state): Commercial strip center, bank, commercial building and pawn shop Approximate number of acres: 1.64 acres Is property in a platted subdivision? Yes Is there a current or recent use of the property that is/was a violation of county ordinance? If so, describe: No Have there been any land use applications concerning all or part of this property in the last year? If so, indicate date, nature and applicant's name: None known Is a sale subject to this application being granted? No Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: Commercial South: Public Use Existing zoning: CHV Actions Requested: East: Res. & Comm. West: Commercial Future Land Use classification: Commercial (_X_) Rezone (__) Special Exception (--_) Variance Parcel Identification Number: R3-15-37-35-0010-01530-0030 (0070) (0100) (0110) (0120 ) I/ 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. Sig4af6re Printed Name Date , inform Land Use A plicatio (rev. 1io3) Page I of 2 P Current zoning classification: CHV Requested zoning classification : CBD J R What is your desired permitted use under the proposed classification: The existing commercial uses are E proposed to remain the same. The applicants are seeking relief with regard Z to parking, loading areas, on —site retention and the like. O N I If granted, will the new zone be contiguous with a like zone? yes . There are various commercial E zoning dsitricts within the general area. IIs a Special Exception necessary for your intended use" No Variance? No Describe the Special Exception sought: S P E C I Provide specific LDR ordinance citation: 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 4t to 111i05081468 7 Dmuf9Pntnry Sumps poid in the amount of S , vo Class Cdntan®ble Tax IyRt in the amount Thh I/wrwmrnt prrpurd fly --d NNarn tr: COMELY S. COMELY, P.B.. TOM M. COMELY, IZZ Of Z Shu HObOftWn, Clerk Of Circwt Court 401 N.M. 6TH STREET P.O. URAwER 1367 %T" OISoo ty Va • O.C. f%Y'- L OREECHOBEE, PL 34973-1367 Uatol Q -rlF ';4�- 1'areel lU �wmbr,• 3-15-37-35-0010-01530-0110 Warranty Deed This Indenture, madcom 18th dayof August 2003 All. Between CECIL W. NEWMAN and ANN E. NEWMAN, his wife ,' m, c_,y of Okeechobee Sus. vl Florida , grantors, awl DAVID M. CONLON and ROSE M. CONLON, his wife .whoa, a,l,l„aa to 180 NW 3rd Avenue, Okeechobee, FL 34972 r n,c (numv of Okeechobee , Sale or Florida , grantees. \VitUeSSelh 0.4.1,ct,RAh'MRS. fnraml m comwle,auon<dth--f -----TEN DOLLARS ($10)--- DOLLARS, and "h,r pond and .'aluahl, —mde,anon lu GRANTORS In land paid by GRANICES, the rece,pl wh<reuf is hereby a,inuvI,dped, have Fnntrd, bare —d and a Id to dm said GRANTF.FS -d GRANTrC: here wan ,n. and asa,6ns surc,er. the fnllnwmg descr,bed land. S,luae, lying and hmg to theC—ly or Okeechobee suK nr Florida 1-9 Lot 11, Block 153, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2002. FILED FOR RECORD I'1 EtC11n6EL COI111TY IL:• 03AUG18 PM It47 3059q iGIIERTSON CLEFK Ur CIRCUIT COURT an.l •h, grum•n d.• Im , 1,,11y oa,unl d,c :a4 .uol, .,w —11 :den,: the a— age.--t 4. hd f aIt re mn .. h•,ma�•, vrr In IsviUlcss �Vhcreof.n„ t,an:,na -s' ha•-- ,: ". heed, and —,, ma• day Lid t— !is,; an..,, Signed. scaled and delhrred In slur presence: �. (tical I rv��/ata�-- �tnal Witn'1 Ptl Add,as, I0045N'UhSI,,..flils-1warl.14974 - EWMazr �,r \AJ,caa Ia11 \a'a,M hUr,l,/qua hnbrr. PI. 1a*74 S'1',%I'E 06 FLORIDA COUNTY 01' OKEECHOBEE ITr r,.,,r,,,ng ��. . ,u,,.•..<ds,d *.I,.n• ,,.. 18th ,�., ,I August . 2003 ly CECIL W. NEWt4M and'AM. E. NEWMAN, his wife Lea•,, „u..•..,,,,„ ,.h,h,,,r'••", Florida driver's license j.�/] IMOnTOAOi D[[D » conrowwnon ►ne« rnenrou.� WN' 236 fit:-1018- ysl Iffi `sMortgagejued Executed the 15th day of August A. D. 1980 by CHRISTOPHER W. NEWMAN AND GATT, M. NEWMAN, HIS WIFE hereinafter called the mortgagor, to OKEECHOBEE COUNTY BANK a corporation existing under the laws of the State of FLOTUDA with its permanent postoffice address at P. O. Box 218, Okeechobee, F3.oride hereinafter called the morlgagee: (WMmer eeed Mreiw dr ler.r " 4r.�.r ..d " 4•R•� isl.de .[ rM e.nia r di. iwwwe.e...wd dr. ►hnl Heel e.ernr.ri... wd d i.diviAr6 .wd rM sweeee«+. .nd .err .1 eerf«+liow.l .wd W ,w<l.dn .11 1he .wee Mai. �ibed it IffitnrsSeth, that for good and valuable considerations, and also in consideration of the aggre- gate sum named in the promissory note of even date herewith, hereinafter described, the mortgagor here- by grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land of which the mortgagor Is now seized and in possession situate in Okeechobee County. Florida. viz: Lot 10, Block 153, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, page 17 of the public records of St. Lucie County, Florida, and also recorded in Plat Book 5, page 5 of the public records of Okeechobec County, Florida "ProHded fitrtFrrttvtF"esed'm�rti+a+*+doheichq ci•n•mt and nerve v: is •. u,! ',,,rr � . r : ,.:::!,; •- :1! n',:, ,!ur;n� :hc ^ n :•r aKr c< to ., .ail pr,p,r u•.: ru• mor: ga,::: P� n r clue u,c weal L1:GtC¢ nmwm:•,; Ts,s n-•' s �hr ca•;mrnt of any e F.. _ •- - ,. ?'j n", c_,c, c, 80r000.00 - _ can-' r� eir Lr nr loans shnil be ..e.—:'C.nfn,rr'-rnents !e invoke tf,e terms hervof. C-1 FLOTRIDA RECEIPT Mo.73�oS'� [S;uM 15=sa For I)`,TM-rJ rfIn�t nF fr; Ch-,t C 1.% n the ttmourl o}� _I�PQ� �Q Uaik of Urcut Court .:: 236 nc: 019 r� 0It38 R%[1656 DocumentaryStamps Id M the amount of $ _R.L2;a' , as" C IftUn!fAls-4f 00 a s tea pefd to tM ertrount Sharon Robertson. Clerk Circuit Court 1�ec 3 3, Its 01 county, ID Nneber. 3-15-37-35-0010-01530-0070 omme of 7W 1 • D.C. D#W _`•- / - a t7 0 i7 Warranty Deed This Indenture, Madethis I_ dayof May, 2000Am. Between ESTEE INVESTMENTS, INC., a corporation existing under the laws of the state of Florida of the Covntya( Broward sues or Florida , grantor, and FIRST BANK OF INDIANTOWN, a corporation existing under the laws of the state of Florida .nonwdte.sKP.O. Box 365, Indiantown, Florida 34956 of that Co.ayof Martin I se.te or Florida , grantee. Witnesseth that the ORANMR, for and is catadantdn or the aura or — — — — — — — — — — — — — - - - - - - - - - - TEN i N0/100($10.00) - - - - - - - - - - DOL AR& .nd eher good And vahebN eoradentlon to ORANPOR in land pad by ORAP(l= the realpt Hereof In hereby acknowledged. W rmoltd, bargained and wild a the said ORAtf= and GRAN1E@S seaeeaote and assigns foeaver, the toeowina described W4 ahwt.,yes and being inthe onantyor Okeechobee sutsar Florida took Lots 7, 6 and 9, Block 153, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. BUBJECT to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 1999. FILI Li i �':c 1ti t:)121) OKI' . ':i i. CO FL. 33162n 0011ey In P111� n� �l.tur - � 'lr• and the grantor done hereby hay a "*al the tfde to red land• end win derend tba nea epirw ftwfui claim of AN Persons Homaoever. In Witness Whereof, be grantor ban her.wstO et bin hand a " the "I "A year Mar above wduea. Siped, seated Rod delivered In our presence. EST INVE.E TS, INC. CALr Printed Names %Llorrt Efa ByfSCOTT RIZXICK, Vice President Wit s L, P.O. Address 16M ion. 131h Ternee, port Lauderdale, PL. 33212 Print Names L/a!A t2Alrc k Witne s STATE OF FLORIDA R COUNTY OF BROWARD (Corporate Seal) E The 10taOn( lratnment Asa Kkn-4Wged before na this .�� day of May. 2000 by T SCOTT RIZNICK, Vice President of ESTE INVESTMENTS, INC., U e Florida Coepoatia,, p on behatf of the corpontion. !it is Peteona0y knort to me or has ptoduced his Drivers License N a dendfkation. Tbin Document Prepared By. TDM W.ODNID.Y.M 1SQ-d• a t •V karma-a�- T CONMYacoNm.Y.PA Printed N San �. fYbfc} POST Of77® DRAWER IJW NOTARY PUDEX Suva 1 tal6retti AV--- IIICIlO0B1>,17. 719111267 My Commtstdw B.�Ys ,, bM'C06NASSIO 'C na DOt 3 s7-� gvttoj�ii sss{i eFa. March It. "02 -- • Bo.00K14 251 PIGC 591 STATE OF FLORIDA COUNTY OF %YIQ2C v7� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared HERBERT L. FREEL, as Trustee of the MODERN DAIRY FARMS, NO. 1, INC., PROFIT-SHARING PLAN AND TRUST, well known to me to be the person described in the foregoing instrument and he acknowledged to and before me that he executed the same in the presence of two subscribing witnesses under authority duly vested in him. WITNESS my hand and official seal in the County and State last aforesaid this yin t�day of ,,,� , 1982. NOTARY PUBLIC wotxrf; l Seal) My Commission Expires: My conrd�+ lulY 2f,1l� A n eo wT�T of Fi�4 R19'Nll Uij�u ,N ar Y[�7AMp Ax t _ 4 -2- 2.51 5591 fly �; ��' . , ..SM �; •y .�;nr ��.f,'e_ `.t iwr�,.l1 i i - ...-....... .._ . ..._ .. _... n,w M+w•��i SON 251 590 TRUSTEE'S DEED THIS INDENTURE made, given and dated as of the 30th day August , 1982, by HERBERT L. •FREEL, as Trustee oY—the MODERN DAIRY FARMS, NO. 1, INC., PROFIT-SHARING PLAN AND TRUST M fQ;° •-." inafter referred to as the "Grantor") to CHRISTOPHER W. NEWMAN an u� w GAIL M. NEWMAN, his wife, (hereinafter referred to as the Grante whose address for the purposes hereof is 207 N. E. Park Street, ' `r•; Okeechobee, Florida 33472; W I T N E S S E T H That the said Grantor, for and in consideration of the sum ice':'• Ten Dollars ($10.00) and other good and valuable considerations t it in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the said Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, and th State of Florida, more particularly described as follows: 3, 6, .3. •; r;;, .:-, ; ••- Lots 4, 5, and Block 153, CITY OF OKEECHOBEE, according to the plat thereof as recorded in Plat Book 5, Page 5, County, . ;yh Public Records of Okeechobee Florida. S v�\�, ,.. `' •1, TOGETHER WITH all the tenements, hereditaments and appurte K�'•"'"' ances with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise r°•';'` thereunto appertaining except as hereinafter otherwise expressly provided. TO HAVE AND TO HOLD the same in fee simple forever; ' SUBJECT, HOWEVER, to the following: (a) All real estate taxes and special assessments (and tY lien thereof) levied, payable or assessed against the land hereir. conveyed subsequent to December 31, 1981; Yam; •yls h� (b) Covenants or restrictions of record, if any, but this r.rf'�7r, reference shall not serve to reimpose same; (c) All valid laws, rules and regulations of the United ; and the State of Florida, or any department, bureau, agency or pc ical subdivision of either thereof, relating to the uce of the la hersinabove described and herein conveyed. ' e•�,,: AND the Grantor covenants with the Grantee that the Grante x is lawfully seized of the y premises hereinabove described and her< conveyed, and that said premises are free of all encumbrances •I, except the matters hereinabove mentioned to which this deed is mz - subject, and that the Grantor has j good, right and lawful authozi to sell the same, IN WITNESS WHEREOF, the aforesaid Trustee as Grant has caused this instrument to be executed this .70- day of 1982. Signed, sealed and delivered �s in the presence of: fir; ti";ts�:�`:, �' •i �U.n,i � ..._ t•r1 a .i� HtRBERT I. iFREEL Turs MS*RumLxT PRc9Aaa L RRrjw+• TO � PHIL W 'AATSON A•r u•A ••. �.r h'L •.r i°T 1 U. Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Statement of Applicants Interest in Property Christopher W. and Gail M. Newman currently own Lots 3 through 6 and Lot 10, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The co -applicants currently own Lots 7 through 9 and Lots 11 and 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located in the 200 Block of N.E. Second Street and N.E. Park Street. The improvements include a 13,750 square foot commercial strip center, a 6,016 square foot bank, a 3,650 square foot commercial building and a 1,326 retail store/pawn shop. The applicants and co -applicants are requesting a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD) to allow the landowners some flexibility in the development and use of their commercial property with regard to parking, loading, on -site water retention and the like. The Central Business District (CBD) zoning district will permit landowners to apply to the Technical Review Committee for a reduction in parking space requirements when sufficient off- street parking can be provided by alternative means. The requested change in zoning is consistent with the Unified Land Development Code and the future land use designation. • Christopher W. and Gail M. Newman Property Owners and Applicants Owner's Statement of Consent to Application We, Christopher W. and Gail M. Newman, being the record title owners of the Lots 3 through 6 and Lot 10 Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). Signature oT Owner Ygnature of Owner Christopher W. Newman Gail M. Newman_ Name of Owner (Printed) Name of Owner STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me this _� day of �( . . 2004 by ("hr)"5 e 1 /u'e,,c;-rr-)c, n who are personally known to me and who did not take an oath. Notary Public — Siate of Florida �yrv�y� glKK; LYNNAARON ,a M ��`iSiUN # DD027337 a �OFFL�4 P)R,E&tune26,2005 -eoaarR �rar, c L Notary service a Bornlirg, U74 �o ,� --- ►_ low► ec�R P!c'c 263 5�1" sTC� j c- 337 U �r' coca, it�PY _ SORP TAX, xT { "' DCPf bf hivEtiuEi.;�CJ c O O { �„ `' _ = aCG2P'^2 �.�'.'•-says.."t _ { P. Paseet ID Ir...e . 3-15-37-35-0010-01530-0120 Gasses n ivt (space Above his Lim Pot Remrdkt D-al Warianty Deed This Indenture, Made this a 1S" day of August ,1992 A.D.. Between MILDRED B. FEREBEE, SURVIVING SPOUSE OF WARREN H. FEREBEE,DECEASED, NOW A SINGLE WOMAN, dthe cmwof OKEECHOBEE , sine d Florida • grantor, sed WHIDDEN ENTERPRISES, INC., a corporation existing under the laws of the state of FLORIDA whoa s &,m ic221 E. NORTH PARK STREET, OKEECHOBEE, Florida 34974 of tha cmary of OE EECHOBEE 0 State of Florida grantee. Wltnesseth teatehaGRANroR,for•adiscomiaentbsofthe Gumof ............................... ..................... TEN &NO/100($10.00)--------------------- DOUAR.i, end otber good and valuAk coedderado- to GRAMOR in head paid by MAN= the matpt wbw of 4 ber-by ad nowledSe4 has paseed. MWined and mold to the aid GRAMME Gad GRAMWS swedes and aaipa toever, dw fo0owfaj dertbed kad. dtnate, ift and helm is the comty d OKEECHOBEE sins cc Florida w - t LOT 12 OF BLOCK 153 IN THE TOWN OF OKEECHOBEE, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 17, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID PLAT ALSO BEING RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SAID LOT LYING IN AND COMPRISING A PART OF SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Subject to restrictions, reservations and easements of record, if any, and taxes subsequent to 1991. and the pastor does bemby tally watnat the dtk to aid lend, and will detead the eeme spinet kwtd ddms of O Pnaoea whomaonver. In Witness Whereof, tba pastor he, hernrato set bar toad Gad ant the day sad yea* RM above what. SAgn4 stxied and ddhered In our presence" I 'f r A� "�hQGQ - 3` (Seal) PLC Lei: o:� ,l/ihngs / P.O. Mdmes T.O. BOX 17S. OIO?ECHOUM FL 34M 4'^ SELVEr 0 Witness 92AUG 28 (Sea) CLERK OF ( ;,%L'"t I L'- STATE OF Florida COUNTY OF OKEECHOBEE August 1992 by 'he tloap-s hott.mear wee admowledpd bdom M thin -41a day of . MILDRED B. FEREBEE, FAQ �.•• • S F� who k petaoaatly kaows to a at wbo tree prod -cad ber DRIVER'S LICENSEA. m lOrAdfSutfca and who did take as once. ibis Doeatseat rnruw SFIERI SILWY OsM&?ANl>BIIIIBOO Grp �gf,- ...... • 5W till, Go STREEZ. T.O. BOX M1 NOTARY nMUC First Bank of Indiantown Property Owner and Co -Applicant Owner's Statement of Consent to Application First Bank of Indiantown, being the record title owner of the Lots 7 through 9, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). 2, Signature of Owner d ,',0 cl ,-d AP,0 k; Gm Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me thisa 11 day of �(�[�tl �c�_ , 2004 by Ztc?n rc-( ola cam-) who is personally known to me and who did not take an oath. NotaryVPublic — St a e of Flo ' a SEAL VIKKI LYNN AARON Wa M Y COMMISSION # DD 027331 JF fl�Z' CY.PIRE,S. June 26, 2005 1-W 3-NOTARY FL Nofary Service & Bonding, Inc. David M. and Rose M. Conlon Property Owners and Co -Applicants Owner's Statement of Consent to Application We, David M, and Rose M. Conlon, being the record title owners of the Lots 11, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (C ) to Central Business District (CBD). dnat Owner s ign tore of L�wner f JW/1) ro k,lLed Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE d odeaj�t,�,1 ame of Owner Sworn to anj subscribed before me this --2 / day of ,� �2004 by —L)i9 V i D (,Ov w who are personally k an oath. nown to me and who did not take °4o, v 1 mz-i LYNN AARON Notary Public 'Sta& of a aQ,01 � a My CUMM.lsstvN 4 DD OV331 ES IWI '6,1005 S l ki7 y ��- LLPIn X t 8063NOTARY FL ary Sere- 6 BL-'ng,V - / _ " • 0 Christopher W. and Gail M. Newman — Property Owners and Applicants First Bank of Indiantown David M. and Rose M. Conlon Whidden Enterprises, Inc. Co -Applicants Legal Description Pertaining to Application Lots 3 through 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Whidden Enterprises, Inc. Property Owner and Co -Applicant Owner's Statement of Consent to Application Whidden Enterprises, Inc, being the record title owner of the Lots 12, Block 153, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, do hereby consent to make application to the City of Okeechobee to request a change in zoning from the existing classification of Heavy Commercial (CHV) to Central Business District (CBD). 24ignef Owner f Name of Owner (Printed) STATE OF FLORIDA COUNTY OF OKEECHOBEE Sworn to and subscribed before me c this/ day of CL-r��%t-P.� . 2004 by h h Wig; 1 d d k Y1 who is personally known to me and who did not take an oath. Not Public — to of F ride V►KKI Ll'NNrAAAA��RO_N l �p� My COMMISSI()SFA LQ.1�21331 LYM-1 EXPIRES. June 26.2W5 YY �v .,_t- Noary Service & Bonding. Inc. ff November 1, 2004 Project No.: 04-1253-1 CP Client Code: C2354 City of Okeechobee 55 SE Third Avenue Okeechobee, FI 34974 Craig A. Smith & Associate* P.O. Box 9845 Fort Lauderdale, FL 33310 Tel: (954) 782-8222 Fax: (954) 786-8927 EXHIBIT 3 DECEMBER 7, 2004 Invoice No.: 410115 DISASTER RECOVERY For Professional Services Rendered from 10/01/04 Through 10/31/04 For professional services rendered in accordance with your approval. For coordination of City of Okeechobee FEMA reimbursement. For meetings with FEMA and City of Okeechobee regarding disaster recovery. HOURS RATE AMOUNT Principal 1.00 $150.00 $150.00 Vice President 45.00 $125.00 $5,625.00 Field Representative 33.00 $60.00 $1,980.00 Sr. Engineering Technician 8.00 $60.00 $480.00 Clerical 1.75 $40.00 $70.00 Sub -total $8,305.00 REIMBURSABLE EXPENSES: Mileage 1,151.00 X 0.32 $368.32 Misc. Supplies $10.76 X1.10 $11.84 Sub -total $380.16 Consultants Pyper Engineering, Inc. (16328) $700.00 X 1.10 $770.00 Pyper Engineering, Inc. (16385) $1,000.00 X 1.10 $1,100.00 Sub -total $1,870.00 TOTAL AMOUNT DUE $10,555.16 WE APPRECIATE YOUR BUSINESS • Craig A Smith & Associates Employee Detail Report 10/01/2004 Thru 10/31/2004 Period Document Cost Effort Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Employee 077928 SCHRINER, GENE R Project 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E19 1020 10/24/2004 10/16/2004 001 00 1 00 ** Project Total ** 1 00 ** Employee Total ** 1 00 Run Date 11/16/2004 Page 4 Key Amount Remarks 102004-OCJ-005 COORD WITH JAY RE FEMA RECOVERY FOR CITY OF OKEE • • Craig A Smith & Associates Employee Detail Report Run Date 11/16/2004 10/01/2004 Thru 10/31/2004 Page 1 Period Document Cost Effort Key Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Amount Remarks Employee: 002620 BEATON, JR , JOSEPH P Project 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E30 1040 10/31/2004 10/27/2004 202 00 6 00 102004-OE9-003 CITY OF OKEECHOBEE FEMA EVALUATIONS - INSPECTIONS E30 1040 10/31/2004 10/26/2004 202 00 2.00 102004-OCG-007 CITY OF OKEECHOBEE FEMA EVALUATION, SITE INSPECTIONS E30 1040 10/31/2004 10/20/2004 202 00 8 00 102004-OBY-021 CITY OF OKEECHOBEE FEMA EVALUATIONS E30 1040 10/31/2004 10/21/2004 202 00 8 00 102004-OBY-024 CITY OF OKEECHOBEE FEMA EVALUATIONS E30 1040 10/31/2004 10/25/2004 202 00 4 00 102004-OCG-003 CITY OF OKEECHOBEE FEMA EVALUATIONS, SITE INSPECTIONS E30 1040 10/31/2004 10/14/2004 202 00 7 00 102004-OBY-003 CITY OF OKEECHOBEE FEMA EVALUATIONS, E30 1040 10/31/2004 10/19/2004 202 00 8 00 102004-OBY-018 CITY OF OKEECHOBEE FEMA EVALUATIONS ** Project Total ** 43 00 ** Employee Total ** 43 00 Craig A Smith & Associates Employee Detail Report 10/01/2004 Thru 10/31/2004 Period Document Cost Effort Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Employee 036926 JEFFRIES, GREG Project 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E19 1040 10/24/2004 10/22/2004 201 00 1 00 E19 1040 10/31/2004 10/29/2004 201 00 1 00 Run Date 11/16/2004 Page 3 Key Amount Remarks 102004-OFY-036 FEMA STATUS MEETING 102004-OG9-033 FEMA STATUS MEETING CITY OF OKEECHOBEE FEMA ** Project Total ** 2 00 ** Employee Total ** 2 00 ----------------------------------------------------------------------------------------------------------------------------------- 0 • Craig A Smith & Associates Employee Detail Report 10/01/2004 Thru 10/31/2004 Period Document Cost Effort Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Employee: 005322 BRIGGS, DAVID D Project 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E30 1040 10/31/2004 10/26/2004 016 00 7 00 E30 1040 10/31/2004 10/25/2004 016 00 13 50 E30 1040 10/31/2004 10/29/2004 016 00 12 50 Run Date 11/16/2004 Page 2 Key Amount Remarks 102004-OC2-006 CITY OF OKEE DISASTER RECOVERY DAMAGE ASSESSMENTS 102004-OC2-003 CITY OF OKEE DISASTER RECOVERY DAMAGE ASSESSMENTS 102004-ODX-006 CITY OF OKEE DISASTER RECOVERY DAMAGE ASSESSMENTS ** Project Total ** 33 00 ** Employee Total ** 33 00 Craig A Smith & Associates Employee Detail Report 10/01/2004 Thru 10/31/2004 Period Document Cost Effort Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Employee 084340 TANTO, WILLIAM Project: 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E30 1030 10/31/2004 10/26/2004 010 00 50 E30 1030 10/31/2004 10/25/2004 010 00 50 E30 1030 10/31/2004 10/29/2004 010 00 3.00 E30 1030 10/31/2004 10/28/2004 010 00 4 00 Run Date 11/16/2004 Page 5 Key Amount Remarks 102004-ODV-006 PREP OKEE CITY PHOTOS FOR FEMA REPORT 102004-OCO-003 PREPARE OKEE CITY PHOTO'S FOR FEMA REPORT 102004-ODV-020 OKEE CITY FEMA SET UP FOR P.W GPS MAPS AND PHOTOS 102004-ODV-016 PREP OKEE CITY PHOTOS AND GPS SITE MAPS FEMA REPORT ** Project Total ** 8.00 ----------------------------------------------------------------------------------------------------------------------------------- ** Employee Total ** 8 00 Craig A Smith & Associates Employee Detail Report Run Date 11/16/2004 10/01/2004 Thru 10/31/2004 Page 6 Period Document Cost Effort Key Task Dept End Date Date Cls Act Hours Type Rate Cost Rate Amount Remarks Employee 094500 VANASSCHE, CONNIE Project 0412531CP CITY OF OKEECHOBEE DISASTER ASSIST E19 1010 10/17/2004 10/15/2004 107 00 25 102004-OBQ-061 CITY OF OKEE DISATER RECOVERY TYPE MEMO, COPIES, MAIL E19 1010 10/24/2004 10/21/2004 107 00 .50 102004-OBR-041 CITY OF OKEE DIASTER REC, CONTRACT REV, FAX, EMAILS E19 1010 10/31/2004 10/28/2004 107 00 50 102004-OD5-047 CITY OF OKEE DISASTER RECOVERY SET UP FILES, SUPPLIES E19 1010 10/31/2004 10/25/2004 107 00 50 102004-OD5-008 CITY OF OKEE DISASTER RECOVERY FORMS ** Project Total ** 1 75 ** Employee Total ** 1 75 • • PYPER ENGINEERING INC 6249 Presidential Court, Suite D Ft Myers, FL 33919 For the Attention of C A S Craig A Smith & Associates 242 Royal Palm Beach Blvd., Royal Palm Beach, FL 33411 Attn G. Schriner, PE Detail of services provided ITEM QTY i President 3.5 RATE 200.00 (!Z/ — /a - 3 — / co° Okeechobee - CITY DESCRIPTION / OKEECHOBEE CITY Hurricane Damage Assessment & Mitigation Period October 24 to 30,2004 Andrew Pyper, PE INVOICE Federal Tax ID,65.0598340 Invoice No. I 1632& " Date Prepared 11/5/2004 DUE DATE 11/20/2004 i TERMS Net 15 AMOUNT 700.00 Total this invoice $700.001 Payments/Credits $0.00 Balance Due $700.00 We have recently provided these services to you and are sending you this statement. Inasmuch as the work represented above is complete, bills are now due and payable. Unless specifically authorized, a 1.5 o per month charge will be added to the balance for each 30 days of delinquency. All costs occurring in the collection of outstanding accounts will be paid to the prevailing party. Thank you for your business. e-mail pyperengineering@earthlink.net Fax # 2394372031 Phone # 2394372029 1,r U PYPER ENGINEERING INC 6249 Presidential Court, Suite D Ft Myers, FL 33919 For the Attention of C A S Craig A Smith & Associates 242 Royal Palm Beach Blvd., Royal Palm Beach, FL 33411 Attn G. Schriner, PE INVOICE Federal Tax ID,65-0598340 Invoice No. 16385 Date Prepared 10/29/2004 DUE DATE 11/13/2004 TERMS Net 15 Detail of services provided Okeechobee - CITY ITEM QTY RATE DESCRIPTION AMOUNT i CITY of OKEECHOBEE Hurricane Damage Assessment 1 and Inspection Period October 17 to 23, 2004 1 i President 5 200.00 ; Andrew Pyper, PE 1,000.00 i Note Expenses on separate invoice i I ' Total this invoice $1,000.00 i Payments/Credits $0.00 ----- ------ - ---- -- ------- Balance Due $1,000.00 We have recently provided these services to you and are sending you this statement. Inasmuch as the work represented above is complete, bills are now due andpayable. Unless specifically authorized, a 1.5%per month charge will be added to the balance for each 30 days of delinquency. All costs occurring in the collection of outstanding accounts will be paid to the prevailing party. Thank you for your business. e-mail pyperengineeringr'earihlink.net Fax # 2394372031 Phone # 2394372029 EPE] ' -PE T CASH \iC rl f IF ---- IDES1,Tiis'71CT4 CIF 11-tif ` �EH','ir E PUijC' I D___�..� I � I i " 1 l j CI�Ari-E TO ACCOUNT TOTAL I R-C , ENED PY 4PPROVE-2 D" Office mpm. What you need. What you need to know. OFFICE DEPOT 101 A S STATE ROAD 7 WEST PALM BFACH FL 33914 561-790-4832 Fax 561-790-6650 Frnplo,jee 430764 10/28/04 13 23 Store 42115 Reg 4002 Tran 46619 SALE POD Version 4 17 1212005284 60 NTE, I 5X2 12Pk , YEL 1 @d 97 3 97 r511:'%41 3h72 :J i iK, li,t i,�" , 50Pk 1 @ i.3 93 16 93 l34?07C19?C^ CASE,JFWL-L,30,Pk 1 L 1 1 99 1 1 149 U79086991312 DSTR,IUOZ CAN 2PK 1 @ 10 99 10 99 086356633253 BX.LIR/L.G1_,6PK,WHT 1 @699 699 08648606910E FLDR,tTR,100BX,YEL 1 @ 10 15 10.15 086186069011 Fl-0,LTR,10O/BX,BLU 1 @ 10 15 6/ -/Ab_3 10 15 10, •76, Ga698i•�690sw FIT' 111R,100/BX GN 1 9 10 15 10 15 S'J[?lU1A1. 83 32 FL 6% SALES THX 5 00 TOTAL 88 32 CA;H 100 0L' CHANGE -11 68 fix Kf+.i: X f, R##4Y-hX.=i k*,A R f Y. X),* X*A',**", • • EXHIBIT 4 DECEMBER 7, 2004 AGENDA OKEECHOBEE URBAN CLUSTER MAP • N t 0 0 .5 1 2 J Scale —1 : 50,000 LEGEND Highway Functional Classification Interstate SEEMS Other Expressways Other Principal Arterial s.. Minor Arterial Urban Collector Rural Major Collector Rural Minor Collector Local Road (Collector In 1990) Highways To Be Built In Coming Five Years Shown As Dashed Lines Urban Boundary, 2000 Smoothed Urban Boundary 1 Recommended Bit: Okeechobee County Date City of Okeechobee Date Florida Department of Transportation Date Approved Bit: Federal Highway Date Administration FDOT District 1 — Map H 2 DKS Associates Federal Functional Classification Study Functional Classification / Urban Boundaries — Okeechobee Urban Cluster November 3, 2004 0 . - —- — - — - — - -- — - — - — - — - _---------- ;( Osceeolaco_2v-_ FDOT District 1 — Federal Functional Classification Study CR�15C (NE 30411 Street) I I — NE 4ffih Ave. ! I r CR 68(NE 224th Street) I '!c ti I'o mrV 4 y !J L I� 1441h Street NE 56th Ave/ .1 [JNE OI 120th Street See Map H2- a Okeechobee Urhan Cluster I Lake Okeechobee ./ / / Map H1 Functional Classification I Urban Boundaries — Okeechobee County N 4 0 05 1 2 3 4 5 LEGEND Highway Functional Classltication Interstate Other Expressways Other Principal Arterial ..� Minor Arterial --. Urban Collector Rural Major Collector Rural Minor Collector Local Road (Collector in 1990) Highways To Be Built In Coming Five Years Shown As Dashed Lines Urban Boundary 2000 Smoothed Urban Boundary 1 Street Names in the Urban Cluster Area Shown on the Urban Cluster Map Recommended By : Okeechobee County Florida Department of Transportation Aimroved By : Federal Highway Administration Date Date Date DKS Associates November 3, 2004 1. Project Background - Purposes of Project 2. Urban Boundary Smoothing - Coverage - Data - Methodology - Census Boundary - "Smoothed" Boundary 3. Functional Classifications - Definitions - Methodology - Proposed Classifications 4. Coordination / Approval Process District 1 FDOT Figure 1 Federal Functional DKS Associates Classification Study Presentation Outline 1. Meet Federal Requirements 2. Define Facilities Eligible for Federal Funding 3. Provide Basis for Plan Updates = Data Base - Defines Functions of Various Facilities 4. Provide Input to Other Determinations = Level of Service Standards / Calculations = Minimum Interchange Spacing Standard = Speed Limits = Access Management Reclassifications = Traffic Management Techniques District 1 FDOT Figure 2 Federal Functional Project Purposes DKS Associates Classification Study p 21 Areas > 5,000 Pop. Defined in the Year 2000 Census Polk County Hardee County Manatee County Highlands County - - - ----- - - Okeechobee County Okeechobee Urban -- i Cluster Sarasota County I , Charlotte County Nw� r VilLee County r ti Glades County i Hendry County i i i Collier County i i District 1 FDOT Figure 3 Federal Functional Counties & Urban Areas in District 1 DKS Associates Classification Study District 1 FDOT Figure 4 Federal Functional DKS Associates Classification Study Two -Phase Process 1. Minimum - Census Urban Area Boundary 2. Break Highways at Logical Control Points (Roads, Canals etc.) 3. Avoid Highways Moving In and Out of Urban Area 4. Account for Contiguous Urban Development 5. Bridge Insignificant Gaps Between Urbanized Lands 6. Maintain "Rural -Type" Roadway Characteristics ■ Rural -Type Design ■ Maintain Restricted Access Control ■ Maintain Speed Limits ■ Maintain Level of Service Standard 7. Change to "Urban -Type" Roadway Characteristics ■ Urban -Type Design ■ Less Restricted Access Control ■ Lower Speed Limits ■ Lower Level of Service Standard District 1 FDOT Figure 5 Federal Functional DKS Associates Classification study Urban Boundary Smoothing Criteria 98 Okeechobee Urban Cluster 1� 98 710 FDOT District 1 Figure 6 DKS Associates Fed. Functional Classification Boundary Smoothing Coverage District 1 FDOT Figure 7 Federal Functional BoundarySmoothing Methodology DKS Associates Classification Studv moog gy "i fu 70 Urban Development Patter:Development Patterns ATResidential 7 Non -Residential, Five —Year Growth District 1 FDOT Federal Functional Classification Stud` i 78 Figure 8 Boundary Smoothing Data W DKS Associates District 1 FDOT Figure 9 DKS Associate Federal Functional Classification Study Hiqhwav Classification Process Arterial Highways Collector Roads Local Roads District 1 FDOT Figure 10 Federal Functional DKS Associates Classification Study Functional Classification Concepts Arterial .Highways Principal Arterials • Statewide System Connecting Counties and Urbanized Areas Interstate Other Expressways ' "Through" Urbanized Areas Rural P.A.'s Connect To Major Centers (e.g. commercial airports, universities, Urban P.A.'s regional medical complexes) in Urbanized Areas Minor Arterials Interconnect Urban Areas Rural M.A.'s Connect the Principal Arterial Systems to "Regional" Sub -centers Urban M.A.'s (e.g. regional malls, community colleges, regional cultural facilities) Collector Roads Rural Minor Collectors ' Collect and Distribute Traffic from the Arterial System Rural Major Collectors • Penetrate Residential Communities Urban Collectors ' Channel traffic from Local Streets onto the Arterial System Local Roads Rural Roads Provide Access to Individual Properties and Urban Local Roads and Subdivisions Streets • Provide Local Circulation in Neighborhoods District 1 FDOT Figure 1 DKS Associates Federal Functional Classification Study Classification Definitions Arterial Highways Collector Roads Local Type Trips Inter - Urban Indicators Trip Freight Lanes Length Movements Long Distanc Long Intercity �llulti-Lane Design Speed High Access Control Restricted Traffic Volumes High Roads Local Pick -Ups / Local Short Two Low Unrestricted Low Deliveries District 1 FDOT Figure 12 Federal Functional DKS Associates Classification Study Indicators of Roadway Function • Account for All Public Roads • Include Existing and Future Roadways Programmed for Construction in next five years • Focus on Function (Purpose) of Facilities • Hierarchy ➢ Inter -Urban and Rural Highway Connections ➢ "To" and "Through" Roads ➢ Intra-Urban Movements i Local Circulation ✓ Work from Rural to Urban ✓ Work from Arterial to Local • Achieve Consistency at District Boundaries and County Lines • Highway Systems are to be interconnected and continuous (except at major water bodies) • Reflect Urban Development Patterns and Regional Travel Generators (e.g. Stadiums, Hospitals etc.) • Achieve FHWA Mileage and VMT (Vehicle Miles of Travel) Targets District 1 FDOT Figure 13 Federal Functional DKS Associates Classification Study Functional Classification Guidelines STEP 1 Develop Urban Boundary & Arterial and Collector Highway System STEP 2 Hold Local Workshop STEP 3 Present to Local Governing Boards EXHIBIT 5 • IkT DECEMBER 7, 2004 PPLICATION 7 �� O �I�`�" �� tEEc�H�BEBEE OKEEC 55 S E. 3rd AVE. FOR EMPLOYMENT E, F) 34974-2 We consider applicants for all positions without regard to race, color, religion, creed, gender, national origin, age, disability, marital or veteran status, or any other legally protected status. (PLEASE PRINT) Position(s) Applied For r Date of Application & at o How Did You Learn About Us? J Advertisement :1 Relative E' Inquiry- 1 Employment Agency ❑ Friend L Other Last Name First Name Middle Name Address Number Street City State Zip Code Telephone Numbers) Social Security Number Best time to contact you at home is......... ..... ............... ......... PM If you are under 18 years of age, can you provide required proof of your eligibility to work? ......... ...... ..... .... E Yes No Have you ever filed an application with us before? . ....... ...... ..... ...... Yes No If Yes, give date K- tra � Have you ever been employed with us before? ......... ... ....... .... Yes, No If Yes, give date Do any of your friends or relatives, other than spouse, work here" / Yes 7 No Are you currently employed? . .... ... ...... .... e rw�... ..... Yes X No May we contact your present employer' . . " / �P+' Yes No Are you prevented from lawfully becoming employed in this country because of Visa or Immigration Status Proof of citizenship or immigration status will be required upon employment. ..... 7- Yes No Date available for work '/ / What is your desired salary range? �l Are you available to work: El Full -Time (please indicate 1 2 3 shift) ❑ Part -Time (please indicate Mornings Afternoon Evenings) ❑ Temporary (please indicate dates available _/_/_ - _/_/_) Are you currently on "lav-off' status and subject to recall? ........ .... .. ..... ❑ Yes 'x_ No Can you travel if a job requires it? ... . .. ...... . .... .. ...... ... . . 9 Yes -_ No WE ARE AN EQUAL OPPORTUNITY EMPLOYER Name and Address Years Diploma of, School Course of Study Completed Degree Elementary School High School Undergraduate College Graduate Professional Other (Specify) Describe any specialized trainin„ apprenticeship, skills and extra -curricular activities. Describe any job -related training received in the United States military. � �� 4� �k�U'B'0W��J/&�^ l� ��,��[��p�� ' Other Qualifications - ------'---' ' "xmonuri/, specialJob-i-elated skills and qualifications acquired from ooy|'xiiun| oro<hcr,xperiu,c / ' SVE(K/kK'UZIA) SKILLS (CHECK SKYLLS/E"Q0VPm0E N'r Om�m Im)) Production/Mobile _7� imJ __ nn Machinery (list) 0U.r,Ui^/� � ___r('/K4&C Processing __ _- ---- _�mwriter —Shorthand ---- vvPk8wpm _ --- - - I'/) No .\NS!\> R T||/S 0|UNlTSS \/`i' I ^ | |n | � -- K| V(!|i<[%1| N1SU|'T}1[]08 FOR l\|||/ |/ !^'|'.m"im' in x rrn,;.ouHr manner, ni|h orniUv"x ./ /. v` /|1" /|"` i'`|`"r*. o[v,(i"o �vrnh@i xo , have oyp i*}� A .. `i,`` ^| (|`,'`.`| ."..v`,/vv` |,,"|^x'nFS No '-- -'---'-' <4.u.,��' -- --'-- -------- ~ ` � ' ~ / - - �Njji��- i � /�x��i --- --- -- / � n...`.^ ^^=e_ \ /m|J/r+7------- -- ---------- - | --- ---- - --- EMPLOYMENT APERIENCE I L_ Start with your present or last job. Include any job -related military service assignments and volunteer activ- ities. You may exclude organizations which indicate race, color, religion, gender, national origin, disabilities or other protected status. 1 ` Employer / L Address Telephone Number(s)/ Job Title G� Supervisor Reason for Leaving� 2 I Employer Address Telephone Number(s) Job Title Supervisor Reason for Leaving 3 Employer Address Telephone Number(s) Job Title I supervisor Reason for Leaving 4. I Employer Address Telephone Number(s) Job Title supervisor Reason for Leaving Hourly Rate/Salary Starting Final If you need additional space, please continue on a separate sheet of paper. List professional, trade, business or civic activities and offices held. You rnav exclude membership it,hich would reveal gender, race, religion, national origin, age, ancestry, disability or- other- protectted status- ,K., L cJawv� _SGk-r" LV 04 d1�e_c 6LY014. 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It is further understood that this `at will" employment relationship may not be changed by any written document or by conduct unless such change is specifically acknowledged in writing by an authorized executive of this organization. In the event of employment, I understand that false or misleading information given in my appli- cation or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the employer. Signature of Az t Arrange Interview ❑ Yes No Remarks Employed �:] Yes v No Job Title I: Date of Employment Hourly Rate/ Salary Department NAME AND TITLE INTERVIEWER DATE Date DATE This Application For Employment is sold for general use throughout the United States. Amsterdam Printing and Litho assumes no responsibil- itv for the use of said form or any questions which, when asked by the employer of the job applicant, may violate State and/or Federal Lain. Re-, der Form �2,900 1231)n3 tmpnnted) tram Amsterdam Printine and Litho Amsterdam, 12010 ®AMSTERDAM Re\ 3�y9 —D—ght 1999 m Ar[eidarn Printing and Litho Amsterdam, N ] 12010 To Re -order Call 1-800-833-6231 EXHIBIT 6 DECEMBER 7, 2004 CERTIFICATE OF ELECTION City of Okeechobee City Council Election 11 /02/04 Total Registered City Voters Total Voted Percent Turnout 2,770 1,877 68% CITY COUNCIL Vote for No More than Two Jim (James) E. Kirk received Eric L. Myers received Clayton Williams received Lydia Jean Williams received `G en Chandl r pervisor o lect' s �—y bkeechobee County, Florida November 12. 2004 Date 915 votes 313 votes 763 votes 921 votes . • EXHIBIT 7 DECEMBER 7, 2004 RESOLUTION NO. 04-12 WHEREAS, the City Council of Okeechobee, Florida has received the canvassed returns of the City General Election held November 2, 2004; and WHEREAS, Jim (James) E. Kirk and Lvdia Jean Williams received the highest number of votes for City Council Member. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: That Jim (James) E. Kirk and Lvdia Jean Williams be, and they are hereby declared elected as City Council Members and shall hold office for four (4) years from the first Monday in January following the City General Election and until their successors are elected and qualified as provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to issue and deliver Certificates of Election to each of the above named persons. INTRODUCED AND ADOPTED in regular session this 71h day of December, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney • • EXHIBIT 8 DECEMBER 7, 2004 RESOLUTION NO. 04-13 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING AND REQUESTING THAT CERTAIN ITEMS BE PRESENTED TO THE OKEECHOBEE LEGISLATIVE DELEGATION FOR INCLUSION IN THE OFFICIAL LEGISLATIVE DELEGATION REQUESTS TO THE FLORIDA LEGISLATURE FOR THE 2005 LEGISLATIVE SESSION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee Legislative Delegation is meeting in official session on December 8, 2004 to receive public comment and to discuss legislation of local interest for inclusion into their official requests to the Florida Legislature in the upcoming session; and WHEREAS, the City of Okeechobee has determined that certain items of local concern are important to the City and its citizens, as well as Okeechobee County as a whole, and these items and their importance should be communicated to the Okeechobee Legislative Delegation for presentation to, and consideration by, the Legislature in such upcoming session; and WHEREAS, the City Council for the City of Okeechobee believes that the following list comprises the items of most critical concern at this time and wish to approve same for submission to the Legislative Delegation, which request serves a vital and legitimate municipal purpose; THEREFORE BE IT RESOLVED AND APPROVED, by the City Council for the City of Okeechobee, Florida: THAT the City Council is requesting that the Legislative Delegation introduce and support the requests made on behalf of not only the City, but also Okeechobee County, and the Okeechobee Utility Authority, for presentation to, and consideration by, the Florida Legislature for the 2005 session, which requests include: • OUA Sewer Capacity Issue • Canal Clean Up Program • Mosquito Control Program • Okeechobee Commerce Center RESOLVED, FURTHER, that on the 7"' day of December 2004 that the City of Okeechobee officially submits and requests support of these issues by the Okeechobee Legislative Delegation. RESOLVED, FURTHER, that this resolution shall become effective immediately upon passage thereof. INTRODUCED AND ADOPTED in regular session this 7"' day of December 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor EXHIBIT 9 DECEMBER 7, 2004 AGENDA IMPACT FEE STUDY PROPOSAL 9 EXHIBIT 9 DECEMBER 7, 2004 AGENDA IMPACT FEE STUDY PROPOSAL 0 Okeechobee, Florida September 20, 2004 IF Prepared by: �.� Walter H. Keller, Inc. �� Consulting Engineers & Planners �� V IL Coral Springs • Sewall's Point Tischler & Associates, Inc. Bethesda, Maryland Thomas G. Wright, Esq. Indian River Shores, Florida *-be& 7., �004 �K6it,blf q 0 • r r OKEECHOBEE, FLORIDA CITY/COUNTY IMPACT FEE STUDY RFP #2004-17 TABLE OF CONTENTS SECTION 1. Transmittal Letter 2. Personnel Walter H. Keller, Inc. Resumes Thomas G. Wright Resume Tischler & Associates Resumes 3. Relevent Experience (6 projects) Walter H. Keller, Inc. Projects Tischler & Associates Projects Other Experience for Walter H. Keller, Inc. Walter H. Keller, Inc. Corporate Profile Tischler &Associates, Inc. Corporate Profile 4. Project Approach & Timeline/Pricing Project Approach Approach to Feasibility Study Approach to Implementation of Impact Fees Other Funding Mechanisms Tasks/Subtasks Manhour/Fee Estimate Project Schedule n • � � r ale • • ° : ! AP Walter H. Keller, Inc. _-- � � Consulting Engineers and Planners Coral Springs • Sewall's Point George Long, Okeechobee County Bill Veach, City of Okeechobee Okeechobee County Courthouse 304 NW 2nd Street, Room 106 Okeechobee, Florida 34972 Re: RFP No. 2004-17 Okeechobee City/County Impact Fee Study Dear Administration: September 20, 2004 Walter H. Keller, Inc. (WHK) is pleased to submit this Proposal to provide Professional Services for the Okeechobee City/County Impact Fee Study. Our firm specializes in planning and technical services utilizing the latest computer analysis and presentation techniques. This letter will summarize our proposal. Proiect Team and Professional Oualifications WHK has assembled a superb project team that provides extensive local knowledge, superior technical qualifications and the corporate commitment to complete this important project in a timely and successful manner. The various project team members have previously worked together on similar studies. Walter H. Keller. Inc. will serve as the lead consultant. WHK has provided planning and engineering services since 1983. WHK has previously prepared major planning, technical and growth management studies for the Florida DOT, several South Florida counties and governmental jurisdictions. The firm was recently selected to prepare the impact fees for the City of Port St. Lucie and the St. Lucie County Fire District. Major WHK responsibilities in this effort will be Project Management, data analysis, GIS, Impact Fee Report and Meetings. Two (2) key individuals will associate with WHK on this effort: Tischler & Associates. Inc. is a nationally recognized firm, which has conducted over 400 cost of growth/fiscal impact analyses over the last 20 years. TA has worked for large as well as small jurisdictions. The TA firm's major responsibility will be Impact Fee Methodology, Technical Analysis and Recommended Fee Structure. Thomas Wright. LL.M. J.D. is an accomplished Land Use and Growth Management attorney withconsiderable legal experience in South Florida. Mr. Wright and Mr. Keller previously worked together in developing Broward's 1977 Land Use Plan. Mr. Wright is very knowledgeable on impact fees and Concurrency. Mr. Wright's major responsibility will be legal sufficiency and impact fee methodology. Recent Project Experience The Project Team has significant and relevant experience in the areas of Impact Fees and the techniques necessary for successful implementation. Six (6) projects are described in the attached proposal including Student Generation Rates, Impact Fees, Countywide Plans, Household and Population Characteristics, Concurrency and Expert Witness Services continued..... Coral Springs Office 1890 University Drive, Suite 304 • P O Box 9740 • Coral Springs, Florida 33075 (Pr4) 7F5-RR?? • lRIlr11 09R-RRn') • FAY (9F41 7r,5-gRRR • 0 Mdaa" Okeechobee City/County Impact Fee Study September 20, 2004 Page Two Authorized Representatives Walter H. Keller, PE., AICP., President or Mary F. Keller, Vice President Walter H. Keller, Inc. 1890 University Drive, Suite 304 Coral Springs, Florida 33071 Telephone: 954-755-3822 Email: wkeller@whkinc.com Manpower Availability Based on current workload and the resources of the project team firms, ample staffing is available for the proposed services identified in Appendix "A". WHK is committed to providing Okeechobee City/County with quality, on -time and cost effective services. Summary and Closing The WHK Project Team is excited to present this proposal to Okeechobee City/County. This proposal has briefly highlighted several factors for WHK's participation in this project. These factors include: • Experience in Similar and Relevant Studies; • Knowledge of County and Local Governmental Staffs; • Project Team with Outstanding Qualifications; • Sensitivity to Project Goals and Objectives; and • Commitment of Firm's President as Project Manager. We appreciate the opportunity of being considered for this important project and look forward to providing professional services in the future. Sincerely, Ma eller Vice President MFK/us attachments • C-A r M s M M_ �7 ■ 14D PROJECT TEAM The Project Team has significant and relevant experience in the areas of Impact Fees and the techniques necessary for successful implementation. The Project Team members have prepared a wide variety of similar studies to the RFP. Project Team members have considerable experience working together on a wide variety of major data collection, sampling, forecasting, costing and areawide long range plans. The Table below identifies the key professionals assigned to the project, project assignment, firm and years of professional experience. Project Team for Okeechobee Impact Fee Study Employee Title W. Keller, PE., AICP. President P. Tischler President L. Carson Bise II Vice Pres. T. Wright, J.D, LL.M. Attorney Julie E. Herlands, MCP Sr. Planner S. Pitkin, AICP. Sr. Project Mngr B. Townsend, AICP. Sr. Project Mngr L. Ta, A.A. Systems Engineer T. White, B.A. Graphics Manager M. Keller. B.A. Vice President t - Subconsultant Y rs Project Assignment Firm Exp Project Manager WHK 33 Ass't. Project Mgr. TA -t 30 Impact Fee Development TA -t 20 Legal Sufficiency TGW-t 33 Impact Fee Development TA-t 10 Technical Analysis WHK 40 Planning Analysis WHK 20 Data Analysis - GIS WHK 14 Presentation Graphics WHK 12 Public Involvement WHK 28 An Organizational Chart is illustrated on the following page. Resumes of all key staff are then provided. Okeechobee City/County Impact Fee Study Project Team Organizational Chart Thomas Wright, Esq * President • Legal and Impact Fee t - Associate + - Subconsi ltant CITY/COUNTY OF OKEECHOBEE, FLORIDA Walter H. Keller, PE, AICP. President • Project Manager Bradford Townsend, AICP Sr. Project Manager • Data Manager Luong Ta, A.S. Systems Engineer • Data Analysis - GIS Thomas White, B.A. Graphics Manager • Presentation Graphics Steve PHWn, AICP. Sr. Project Manager • Planning Technical Support Mary Keller, B.A. Vice President • QC & Coordination Paul Tischler, M.B.A.t President • Assistant Project Manager L. Carson Bise II, AICP. • Impact Fee Development Julie E. Herlands, M.C.P. • Impact Fee Development 40 0 Walter En Keller, Inc. ConsuRing Engineers &Planners Coral Springs . Sewall's Point E • 1 0 W �� Nis WALTER H. KELLER, PE, AICP - PRESIDENT Professional Engineer - Florida 1976 American Institute of Certified Planners - 1981 Florida Atlantic University - B.S.E - 1971 Mr. Keller has a 33 year professional background in urban planning, transportation and traffic engineering, land development and technical studies. He has served as President of Walter H. Keller, Inc. (WHK), a planning and engineering consulting firm, since 1983. Mr. Keller has been responsible for preparation of more than 30 comprehensive plans under State of Florida Planning Acts. He has also prepared more than 25 transportation plans for Florida municipalities, a wide variety of special studies and 24 Developments of Regional Impact (DRI). He has provided planning and traffic engineering assistance on a continuing basis to numerous South Florida municipalities including expert witness services. He has also provided traffic impact assistance, land development engineering and computer assistance to municipalities, civic associations and major developers. Representative projects include: Impact Fees and Concurrency Studies Broward County Transit Concurrency and Impact Fee Study, Broward Co, FL Fire & EMS Assessment Fee Study (1997 — 1999), Lauderdale Lakes, FL. Student Generation Rates for Infill Multifamily Housing, Lennar Homes TRIPS Model Update; Generation Rates for B.C. Roadway Fees, Broward Co, FL. GAE Traffic Reviews, Palm Bch Countywide Planning Council, Lake Worth, FL. Transportation Planning and Traffic Engineering Traffic Operations Study 5 Turnpike Interchanges, FDOT, Broward County, FL. Transportation Plan for Georgetown, Grand Cayman Island, B.W.I. Broward County Regional Transportation Review Program, Broward County, FL. Broward County 2020 Transportation Plan, Broward County, FL. Growth Management Reviews, FDOT, Miami, FL. Traffic Engineering Continuing Contract, Martin County, FL. Districtwide Trip Generation Study, FDOT, Ft. Lauderdale, FL. Treasure Coast Travel Characteristics Study, FDOT, Ft. Lauderdale, FL. Martin County MPO 2025 Transportation Plan, Martin County, FL. Comprehensive and Urban Planning Broward Co. Land Use Plan, Broward Co. Planning Council, Broward Co., FL. Pompano Beach Comprehensive Plan, Broward County, FL. Redevelopment Plan, Lauderdale -by -the -Sea, FL. Boynton Beach Comprehensive Plan, Palm Beach County, FL. !ems wwin WALTER H. KELLER, PE, AICP - PRESIDENT page two Daytona Beach Comprehensive Plan, Volusia County, FL. Oakland Park Comprehensive Plan, Broward County, FL. Lighthouse Point Comprehensive Plan, Broward County, FL. Port Everglades Comprehensive Plan, Broward County, FL. South Miami Comprehensive Plan, Miami - Dade County, FL. Developments of Regional Impact (DRI) and Binding Letters Smith Dairy PUD - DRI Traffic Component, Palm Beach County, FL Northpointe Corporate Park - DRI Traffic Component, Palm Beach County, FL DRI Review Services, FDOT District VI Planning Office, Miami, FL. Design Centers of the Americas DRI, Broward County, FL. Martin Downs - DRI Traffic Component, Martin County, FL. Traffic Impact and Parking Studies Broward County Public Safety Building, Fort Lauderdale, FL. Port Everglades Traffic and Parking Study, Broward County, FL. Presidential Circle, Hollywood, FL. Las Olas Retail Area Parking Study, Las Olas Company, Ft. Lauderdale, FL. Sunrise Harbor Apartments, Fort Lauderdale, FL. Coral Square Mall, Coral Springs, FL. Expert Witness Services FL Pwr & Light vs. Delray Bch - Zoning Appeal, Circuit Court, Traffic and Land Use Broadview S & L vs Town of Highland Bch - Federal Court, Traffic & Land Use Town of Hillsboro Beach vs Mediterranea — Br County Board of Rules & Appeals Town of Lauderdale -by -the -Sea vs. Merestsky — Circuit Court — Civil Engineering Sect 28 vs. Martin Co, Circuit Court — Site Ping, Engr, Traffic & Comp Planning Societies and Professional Associations National Society of Professional Engineers - Senior Member Florida Engineering Society - Senior Member Institute of Transportation Engineers - Fellow American Institute of Certified Planners - Member American Planning Association - Member Broward Chapter -Florida APA-Former Chairman, Vice Chairman and Treasurer Palm Beach County Traffic Performance Standards Appeals Board — Member • THOMAs G. WRIGHT 405 Sable Oak Drive Indian River Shores, FL 32963 Phone: 772 234-8650 Mobile: 772 713-3996 Email: thomasawdahtD-earthlink.com Education 1989 - 1995 University of Miami School of Law LL.M Master of Law 1965 -1968 Stetson University College of Law J.D. Juris Doctor 1961 -1964 University of Illinois Commerce/Pre-Law Professional 1999-2004 Lawyer/Consultant - Planning and Community Development experience 1998-2004 University of Miami School of Law -Adjunct Professor 1994-2002 Florida Atlantic University - Adjunct Professor 1978-1999 WCI Communities Inc. (Coral Ridge Properties) -Senior Counsel 1976-1978 Broward County - Planning Council Attorney 1975-1976 Broward Country - Assistant County Attorney 1971-1975 City of St. Petersburg - Assistant City Attorney 1968-1971 U.S. Army -First Lieutenant, 101 st Airborne Division (Vietnam) Additional 2000-2002 Broward County Charter Review Commission - Special Counsel professional activities 1997-2002 Affordable Housing Study Commission — Appt. by Gov. Chiles 1985-1987 Substate District Boundary Study Committee — Appt. by Gov. Graham 1983-2004 Association of. Florida Community Developers 1978-1989 Broward County League of Cities — Attorney THOMAs G. WRIGHT (Page 2 - Continued) Mr. Wright's extensive state and local government experience includes the following: • Drafted City of St. Petersburg's Home Rule Charter (first in the State) and its Development Review Ordinance. • Drafted Broward's Countywide Plat Ordinance and Regional Park Impact Fee requirement upheld in Hollvwood Inc. v. Broward Countv 431 So.2d 606 (Fla. 4`h DCA 1983). (The first regulatory impact fee requirement upheld by FL Appellate Courts.) • Drafted the Implementation Section of the Broward County Land Use Plan, which in 1977 required that all necessary services be available prior to development impacts, the model for Florida's Concurrency Doctrine. • Represented the City of St. Petersburg and Broward County in a wide variety of litigation including home rule charters, land use and zoning, taxation, utilities, personal injury, false arrest, labor, arbitration hearings, and employee discharge cases including litigation up to the Florida Supreme Court. • Drafted Florida's "Uniform Community Development District [CDD] Act of 1980" (Chapter 190 Florida Statutes) and Arizona's "Communities Facilities Act" enacted in 1988. • Drafted School Concurrency Amendments to the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163 Florida Statutes, which in 1995 established the 1 st legislative standards for imposition of school concurrency. • Authored Law Review Article on the Bert J. Harris Private Property Rights Act: Florida's Private Property Rights Act - What Will It Mean for Florida's Future? Nova Law Review, Volume 20 number 2, Winter 1996 (Co-author Nancy Stroud). • Developed the legal basis for the Florida DCA ORC Reports that found the Coral Springs and Broward County school concurrency plan amendments not in compliance with state law. • Drafted 2002 Report on Countywide Water Governance for the Broward County Charter Review Commission (Co-author Allan Milledge). • Drafted 2003 Preliminary Report (Legal Analysis) on Transit Oriented Countywide Transportation Concurrency for Broward County Board of County Commissioners. • Testified in Circuit Court as expert witness on zoning for the City of Hollywood in Sun Cruz Casinos et al. v. City of Hollywood et al. 844 So.2d 681 (FL 41h DCA 2003). Ll u S a a • I BRADFORD D. TOWNSEND, AICP — SENIOR PROJECT MANAGER American Institute of Certified Planners - 1998 Florida Atlantic University — Masters of Public Administration — 1999 Central Michigan University — BS. - Major in Geography — 1982 Mr. Townsend has a 21 year professional background in transportation planning, comprehensive planning, land use, zoning, growth management and Developments of Regional Impact. As Senior Project Manager for WHK, Mr. Townsend is responsible for major planning studies, transportation planning, comprehensive planning, zoning, population and demographic studies and development review activities. Prior to joining the firm, Mr. Townsend was the Planning Director for the City of Parkland, Florida. In this capacity he was responsible for comprehensive planning and Zoning Code Implementation and Land Development Regulations for the City. Mr. Townsend was also responsible for maintaining the City's parcel data base. Mr. Townsend also served as the member and Chairman of the Technical Advisory Committee for the Broward County League of Cities. Prior to joining the City of Parkland, Mr. Townsend was a Planner for the City of Boca Raton, Florida. Representative projects include: Comprehensive Planning Comprehensive Plan Amendments — Lauderdale -by -the -Sea, FL. Comprehensive Plan Amendments — Lighthouse Point, FL Comprehensive Plan Amendments — Lauderdale Lakes, FL. Comprehensive Plan Amendments — Parkland, FL. Water Use Application — Town of Hillsboro Beach, FL. Transportation Element — Fort Lauderdale, FL. Transportation Element — Martin County, FL. Land Use Amendment County Park Sites 104 & 105 — Lauderdale Lakes, FL. Land Use Plan Amendment & Development Applications — Parkland Village Development Review Services — Town of Lauderdale by the Sea, FL. Development Review Services — Town of Hillsboro Beach, FL. Development Review Services — City of Lauderdale Lakes, FL. Societies and Professional Associations American Institute of Certified Planners - Member American Planning Association — Member 0 0 I AV �� win STEPHEN H. PITKIN, AICP — SENIOR PROJECT MANAGER American Institute of Certified Planners University of Pennsylvania — Master of City Planning 1960 Swarthmore College — BA — Political Science 1957 Mr. Pitkin has an impressive professional background with 40 years professional experience in urban planning, community development, comprehensive planning, land use, zoning, growth management and Developments of Regional Impact. As Senior Project Manager for WHK, Mr. Pitkin is responsible for major planning studies, redevelopment efforts, transportation planning, comprehensive planning, zoning, population and demographic studies and development review activities. Prior to joining WHK, Mr. Pitkin was Director of Planning and Redevelopment for Escambia County, Florida. He was responsible for a redevelopment strategy and five neighborhood redevelopment plans (with extensive visioning). He also directed plan implementation emphasizing infrastructure improvements and residential/commercial reinvestment. Mr. Pitkin also served as Director of Planning (City and County) for Shreveport, Louisiana in which he successfully implemented a downtown revitalization program. This effort involved revisions of the zoning ordinance, preparation of urban neighborhood plans and suburban sector plans. As Director of Planning and Community Development for Springfield, Massachusetts, he administered a Community Development Block Grant program with special emphasis on housing rehabilitation and capital improvements projects. He also led a nationally recognized downtown revitalization program for this community. Representative projects include: _ Redevelopment and Revitalization Redevelopment Strategy& 5 Area Plans- Escambia County, FL 5 Year Update/Action Plan — Warrington Redevelopment Area - Escambia Co., FL Corridor Action Plan — Brownsville Redevelopment Area, Escambia Co., FL Brownfield Projects/Superfund Site, Palafox Redev. Area - Escambia Co. , FL Downtown Revitalization Program — Shreveport, LA Downtown Revitalization Program —Springfield, MA Annual CDBG Program — Springfield, MA Riverdesign — A Riverfront Corridor Plan — Springfield, MA Redevelopment Area Zoning Provisions — Daytona Beach, FL Revitalization Component Comprehensive Plan — Miami Beach, FL IeUf 0�0 ■ ib STEPHEN H. PITKIN, AICP — SENIOR PROJECT MANAGER PAGE TWO Comprehensive Planning Land Use Amendment County Park Sites 104 & 105 — Lauderdale Lakes, FL. Land Use Plan Amendment & Development Applications — Parkland Village 1989 Future Land Use Element - Broward County, FL 1989 Comprehensive Plan — Daytona Beach, FL Comprehensive Plan — Indian River Shores, FL Comprehensive Plan — Key Biscayne, FL Comprehensive Plan — Key Colony Beach, FL Comprehensive Plan — Kissimmee, FL Comprehensive Plan — Miami Beach, FL Comprehensive Plan — Miami Shores, FL 1989 Comprehensive Plan — North Miami Beach, FL 1989 Comprehensive Plan — Oakland Park, FL 1989 Comprehensive Plan — Pompano Beach, FL 1985 Comprehensive Plan — Riviera Beach, FL Additional Experience: Speaker, National and State Planning Conferences Adjunct faculty and lecturer-10 colleges/universities Gubernatorial appointments to various State boards Societies and Professional Associations American Institute of Certified Planners - Member American Planning Association — Member Palm Beach Planning Congress - Member • !eLV �� win LUONG TA - SYSTEMS ENGINEER Broward Community College - Engineering - A.S. -1989 Additional Study: Pascal Programming Course, 1990 FDOT Basic FSUTMS Course, Ft. Lauderdale, 1991 FDOT Land Use Planning Course, West Palm Beach, 1999 FDOT Site Impact Workshop, Ft. Lauderdale, FL, 2000 Visual Basic Programming Course, Ft. Lauderdale, 2001 FDOT GIS-TM Version 2.1 Workshop, Orlando, FL, 2001 Since joining the WHK in 1989, Mr. Ta's major responsibilities have included computer system operations, transportation data collection, data analysis, FSUTMS Modeling, LOS and traffic operations analysis, GIS and technical report graphics. He has participated in a variety of planning and transportation studies for public and private clients including LOS analysis, O-D Surveys, Speed and Delay Studies, long-range traffic forecasts and intersection improvement alternatives. He has also assisted in writing spreadsheet computer programs and developing software applications for various traffic and city planning projects. Representative projects include: Martin Co. 2025 Transportation Plan, Martin Co. MPO, Stuart, FL. Broward Long Range Transportation Plan Update 2020, Broward County, FL Fire & EMS Assessment Fee Study, Lauderdale Lakes, FL. Pompano Beach Traffic Concurrency Program, Pompano Beach, FL. Pompano Beach GIS Land Use, Zoning and Base Maps Broward Co. Land Use Plan, Broward Co. Planning Council, Broward Co., FL. Redevelopment Plan, Lauderdale -by -the -Sea, Broward County, FL Indian Street Traffic Ops Study, Martin County, FL. Pompano Beach Comprehensive Plan, Broward County, FL Northwest Broward Capacity Study - Coral Ridge Properties, Coral Springs, FL. SR A I A Traffic Operations Study, Lauderdale -by -the -Sea, FL. Cypress Gardens Neighborhood Traffic Study, Pompano Beach, FL. Access Management Study - Dade & Monroe Counties, FDOT, District VI, Miami, FL. Key West LOS Analysis, FDOT - District VI, Miami, FL. Pompano Beach Traffic Count & LOS Update, Pompano Beach, FL. Surfside Traffic Study, Town of Surfside, FL. Planning & Zoning Assistance (from 1989), Town of Lauderdale -by -the -Sea, FL. • E esLV �� 0 1% MARY FLYNN KELLER - VICE PRESIDENT & PUBLIC INFORMATION SPECIALIST Florida Atlantic University - 1971 - B.A. - Education Since joining WHK in 1985, Ms. Keller has participated in a wide range of projects involving the private and public sectors. Major responsibilities include public involvement activities, coordination of subconsultants, assembly of temporary project staff and quality assurance tasks. Between 1985 and 2001, Ms. Keller was responsible for public involvement efforts in the Boynton Beach Turnpike Interchange, the Miami -Dade Access Management Program and the Martin County MPO 2025 LRTP. Additional responsibilities involve marketing and financial activities for the firm, client quality control tasks, liason services and in particular providing exhibit and trade show efforts. Prior to 1985, Ms. Keller served in the public educational system. Her 12 years experience with the Broward County School System provided her with a strong background in administrative, leadership and community activities. Ms. Keller served as Faculty Coordinator for several years and was responsible for the implementation of numerous educational programs within the school and community. Representative projects include: Transportation & Comprehensive Planning Martin Co. 2025 Transportation Plan, Martin Co. MPO, Stuart, FL. Broward Long Range Transportation Plan Update 2020, Broward County, FL Boynton Beach Turnpike Interchange PD & E Study, FDOT, Broward County, FL. Turnpike Operations Study Origin - Destination Survey, Broward County, FL. Access Management Classifications Study - District VI, FDOT, Miami, FL. Key West LOS Study - District VI, FDOT, Miami, FL. Growth Management Reviews - District VI, FDOT, Miami, FL. Broward County Land Use Plan, Broward County, FL. Ft. Lauderdale Traffic Circulation & Mass Transit Elements, Broward County, FL Pompano Beach Comprehensive Plan, Broward County, FL Oakland Park Comprehensive Plan, Broward County, FL. Boynton Beach Comprehensive Plan, Palm Beach County, FL. Lauderdale -by -the -Sea Comprehensive Plan, Broward County, FL. Broward County Public Safety Building, Fort Lauderdale, FL. Northwest Broward Roadway Capacity Study, Coral Springs, FL. Exhibits and Conferences: Transportation Research Board - Annual Meeting, Washington D.C. American Planning Association - Annual Meeting, Montreal, Canada Microcomputers in Transportation Conference, Boston, Massachusetts American Planning Association - Annual Meeting, Los Angeles, California • • WARREN THOMAS WHITE, II - CADD • GRAPHICS DESIGNER Appalachian State University - B.A. Fine Art ATI Career Training Center - A.A. Drafting/CADD Design Mr. White has an extensive professional background in the graphics design, web site design and the presentation graphics environment. Prior to joining WHK, he served as Webb Master/Graphics Designer for a financial institution where he was responsible for the design and preparation of the firm's graphics and presentations. Mr. White's previous experiences as a graphics designer/illustrator and web site design provides him with an essential background for working with planning, transportation and land development projects. Since joining WHK, Mr. White has been involved in a variety of public and private projects. Major professional activities include base mapping, zoning maps, traffic and transportation studies, roadway and intersection design, traffic signalization, signage and pavement markings. He is very knowledgeable in Microsoft Word, Microsoft Excel, MicroStation, Auto Cadd, Powerpoint, Access, and Outlook Express, Core] Word Perfect, AmiPro, Eudora Pro, Lotus Notes and Web design activities. Representative projects include: Comprehensive Planning, EAR and Base Mapping Zoning Map, Lighthouse Point, FL Zoning and Land Use Plan Map, Lauderdale by the Sea, FL Zoning and Land Use Plan Map, Lauderdale Lakes, FL Foreign Trade Zone Map, Lauderdale Lakes, FL Annexation Studies, Lauderdale Lakes, FL Graphics Projects: WHK Web Site Design Tri-County Economic Area Map — Lauderdale Lakes, FL Transportation Projects: Intersection Improvements — SR76 & Locks Road, Martin County, FL Conceptual Plan — C-13 Greenway Trail — Lauderdale Lakes, FL Sunset Trail Concept Plan, Martin County, FL Emergency Traffic Signal - Mapp Rd Fire Station, Martin County, FL Construction Plans and Site Plans Municipal Complex Safety and Security Plan, Lauderdale Lakes, FL NW 49`h Avenue Construction Plans, Lauderdale Lakes, FL Seagrape Drive Streetscape, Lauderdale by the Sea, FL Somerset Drive Access Study — Lauderdale Lakes, FL PAUL S. TISCHLER Education M.B.A. Real Estate and Urban Development, American University B.A. Economics, Johns Hopkins University Experience Mr. Tischler has over thirty years of consulting experience in the areas of fiscal evaluations as well as market and economic feasibility studies. For the last twenty-five years he has been principal of the consulting firm Tischler & Associates, Inc. (TA). His advice has been sought, by both public and private sector clients, on a broad range of decisions concerning development and growth management. Fiscal Impact Analyses - Mr. Tischler has worked on over 400 fiscal impact analyses for jurisdictions throughout the country. He worked on the FUTURE -Little _Rock project, which included an analysis of the market and economic conditions of the City, culminating in the fiscal impact analysis. Mr. Tischler worked on the economic and fiscal assignment in Howard County, Maryland on the General Plan, which won the prestigious American Planning Association Award for Outstanding Comprehensive Plan. Among the other fiscal impact evaluations Mr. Tischler has conducted are King County, WA; Phoenix, AZ; Hillsborough County, FL; Baltimore County, MD; Pima County, AZ; Nashville -Davidson County, TN; Lancaster County, PA; Albuquerque, NM, Lincoln -Lancaster County, NE; Howard County, MD; Raleigh, NC; Scottsdale, AZ; Boise, ID; Pasadena, CA; Reno, NV; Carlsbad, CA; Chino Hills, CA; Germantown, TN; Twin Falls, ID; Dublin, OH; Venice, FL; Post Falls, ID and Parkland, FL. Impact Fee Evaluations - Mr. Tischler has worked on over 500 impact and development fees for communities throughout the U.S. As part of the TA work team which has calculated more impact fees than any other consulting firm in the country, Mr. Tischler has worked in such locations as Peoria, AZ; Scottsdale, AZ; Chino Hills, CA; Boulder, CO; Castle Rock, CO; Deerfield Beach, FL; Manatee Co., FL; Post Falls, ID; Carroll Co., MD; Frederick Co., MD; Billings, MT; Chatham Co., NC; Nags Head, NC; Albuquerque, NM; Las Cruces, NM; Beavercreek, OH; North Logan, UT; Salt Lake Co., UT; Chesterfield Co., VA; Suffolk, VA; Eau Claire, WI; and Jefferson Co., WV. Mr. Tischler has written articles on impact fees which have been printed in the American Planning Association Planning magazine and the National Association of Homebuilders Land Development magazine. pital Improvement Plans - Whether the assignment is fiscal impact analysis or preparation of impact fees, there is generally a capital improvement plan that is prepared. In addition to the above assignments, Mr. Tischler participated in Kenosha, Wisconsin, where TA was retained to develop a multi -year capital improvement program and in Westminster, Maryland where a CIP process was implemented. SpeakingSgeaking Engag m n - Mr. Tischler has spoken on fiscal impact analysis, revenue strategies, capital improvement programming, and impact fees at a number of professional meetings and conferences. These have been sponsored by the American Planning Association, the National Association of Regional Councils, the American Civil Engineers Society, the Lincoln Institute of Land Policy, the State of Florida Planning Association, and others. Publications - Financing Tomorrow's Infrastructure - "Solutions for Local Government" - National Research Council/National Academv of Sciences Compendium.; "New Fangled Impact Fees", Planning magazine, contributing author; "Fiscal Impact Software", MicroSoftware News for Local Governments.; "Analyzing the Fiscal Impact of Development", International Citv Manaeement Association (ICMA) Management Information Service, (MIS) RepSZrt.; "Fiscal Impact Analysis - From a Developer's Perspective", Urban Land Maeazine.; "Fiscal Impact Analysis, A Process which Evaluates the Future of a Community", Practicine Planner.; "Fiscal Impact Analysis: Reader Beware, Some Caveats", The Growth Management Renorter.; "Real Estate Decision -making and the Computer", National Capital Area Realtor. (Reprinted by the Institute for Business Planning.); "Cash Flow and Its Relation to Investment", Baltimore Real Estate and Building News.; "An Example: The Importance of the Highest and Best Use Analysis", The Real Estate Anoraiser.; "Managing Growth in America's Communities", Island Press (Contributor).; "Guide to County Capital Improvement Programming", National Association of Counties Publication (Contributor).; "20 Points to Know about Impact Fees", Planning magazine.; "Impact Fees - Understand Them or Be Sorry", Land Development magazine.; "Impact Fees Break Out in Maryland", Urban Land Magazine.; "Introduction to Infrastructure Financing", International Citv/County Manaeement Association (ICMA) IO Service Report. E L. CARSON BISE II. AICP Education Master of Business Administration, Shenandoah University Bachelor of Science in Geography, East Tennessee State University Bachelor of Science in Political Science, East Tennessee State University Exaerience Mr. Bise has over twelve years of experience in the areas of fiscal and economic impact analysis, impact fees, infrastructure finance and comprehensive planning. Fiscal Impact Analvses. Mr. Bise has conducted a number of fiscal impact evaluations, using the case study - marginal approach. Mr. Bise's fiscal impact work includes the following communities: Anchorage, AK; Kissimmee, FL; Hernando County, FL; Sarasota County, FL; North Port, FL; Steamboat Springs, CO; Shelby County, TN; Chattanooga, TN; Germantown, TN; Knox County, TN; Prince George's County, MD; Carroll County, MD; Calvert County, MD; Charles County, MD; Howard County, MD; Rockville, MD; Minneapolis, MN; St. Paul, MN; Cary, NC; Wake County, NC: Wilmington -New Hanover County, NC; Salem, NH; Albuquerque, NM; San Antonio, TX; Tyler, TX; Stafford County, VA; Sun Prairie, WI and Draper, UT. Impact Fee Evaluations. Mr. Bise has completed impact fee studies for water and sewer, roads, parks and recreation, open space and trails, transit, general government buildings and equipment, schools, and public safety buildings and equipment. Mr. Bise's impact fee assignments include Castle Rock, CO; Greeley, CO; Steamboat Springs, CO; Appoquiniminck School District, DE; School District of Lee County, FL; Polk County, FL; Greenville, NC; Draper, UT; Farmington, UT; Wellsville, UT; Calvert County, MD; Charles County, MD; Washington County, MD; Worcester County, MD; Hampstead, MD and East Greenwich, RI. Capital Imporovement Plans. Mr. Bise gained extensive capital improvement programming experience while working in the public sector. Mr. Bise was responsible for coordinating the annual Capital Improvement Plan in Frederick County, VA and was the project manager of the Public Facilities Plan in Chesterfield County, VA. Economic and Market Feasibilitv Studies. Mr. Bise has conducted several economic impact studies that measure the direct and indirect jobs and payroll and associated costs and benefits generated in the regional economy from a particular project. One recent project measured the cost and benefits of a proposed Hospital facility in Toledo, Ohio. In addition to a fiscal component, this study measured economic impacts including spin-off jobs and earnings from the project. Both the construction period and the operating period were evaluated. While working for Chesterfield County, Virginia, Mr. Bise was project manager for a market analysis and business development strategy for an older commercial area in the County. As part of this project, Mr. Bise facilitated the organization of a business group to aid in the implementation of the business development strategy. Comprehensive Planning. Mr. Bise has participated in several comprehensive planning efforts. In Spotsylvania County, Virginia, Mr. Bise co-authored the Implementation component of the Comprehensive Plan and led the adoption process for the Planning Commission and Board of Supervisors. In Chesterfield County and Frederick County, Virginia, Mr. Bise was responsible for components of several area and corridor plans. Comnuter Model Development. Mr. Bise has developed more case study -marginal fiscal impact applications than anyone in the country. He recently completed development of TA's CONCUR$ application for adequate public facilities/concun ency management. Seminars. Workshops and Membershios. Mr. Bise has conducted fiscal and economic impact seminars for several American Planning Association State Conferences, the American Planning Association National Conference, National Association of Homebuilders and other organizations. Mr. Bise is the past Secretary/Treasurer of the Economic Development Division of the American Planning Association. I mra 0 0 JULIE E. HERLANDS Education Masters of Community Planning, University of Maryland B.A. Political Science, University of Buffalo Experience Ms. Herlands has over five years experience in planning and economic development in both the private and public sectors. Her experience includes the following: • Fiscal Impact Analyses • Impact Fee Studies • Economic and Market Feasibility Studies • Economic Development Assessments Fiscal Impact Analvses Ms. Herlands' fiscal evaluations include analyzing the impacts of various development scenarios and site -specific development proposals using the case -study marginal approach. Ms. Herlands has conducted fiscal impact analyses for the City of Bluffdale, UT, Queen Creek, AZ, and a private development in Howard County, MD. For the City of Bluffdale, a suburb of Salt Lake City, Ms. Herlands evaluated the fiscal impact of a major mixed -use development on the City. For this analysis, Ms. Herlands evaluated both current and improved levels of service for three different development scenarios. For the Town of Queen Creek, a rapidly growing suburban Phoenix community, Ms. Herlands analyzed the fiscal impact of growth based on three different residential growth scenarios as well as varied jobs -to -population ratios. In Howard County, Ms. Herlands analyzed the fiscal impact of a major new mixed -use development in the Town Center of Columbia, Maryland, one of the original new towns. Impact Fee Studies Ms. Herlands has completed or is currently completing impact fee studies for Talbot County, MD, Kellogg, ID, Henrico County, VA, Dorchester County, MD, and Caroline County, MD. For Talbot County, she is preparing fees for roads, libraries, County facilities, parks and recreation, and schools; for Kellogg: parks, sewer, and public safety improvements; for Dorchester County: schools, public safety, and a communication system; for Henrico County: a road impact fee; and for Caroline County: schools. Economic and Market Feasibilitv Studied Ms. Herlands has conducted and managed economic and market feasibility analyses while working for both the private and public sectors. While in the private sector, Ms. Herlands conducted feasibility analyses for clients such as community development corporations. In Fairfax County, Virginia, she managed an economic and fiscal impact study for a proposed public -private redevelopment venture and assessed the feasibility of public revitalization initiatives. Economic Development Assessments Ms. Herlands has conducted numerous economic development assessments, which include investigation into a community's economic development infrastructure as well as tools and sources for public financing of economic and real estate development. Projects have included an economic assessment and implementation strategy for the City of Espanola, New Mexico; investigation of innovative financing options for real estate redevelopment in the City of Hartford; identification and implementation strategies for various tools and incentives to advance urban redevelopment in the state of Michigan; and facilitation of an economic development strategy for the City of Abilene, Texas. While with Fairfax County, Ms. Herlands assessed the financial tools available for revitalization in the County. For a community group in Baltimore, she developed a strategy to increase private financial support for struggling schools. Memberships Ms. Herlands is a member of the American Planning Association. Publication "The Connection between Growth Management and Local Economic Development," Economic Development News & Views. Economic Development Division of the American Planning Association. 0 • RELEVENT PROJECTS Six projects follow which describe relevant experience in Impact Fee Studies and similar projects. Other Experience for Walter H. Keller, Inc. is then provided in this section of the proposal. Example Projects provided for the Prime Consultant Walter H. Keller. Inc. are: Broward County Transit Impact Fee and Concurrency Study Lauderdale Lakes Fire/Rescue Assessment Rate & Implementation Study Martin County MPO 2025 Long Range Transportation Plan Example projects provided for Subconsultant Tischler and Associates. Inc. are: Manatee County Impact Fee Study Deerfield Beach Impact Fee and Annexation Studies Plant City Fiscal Impact Annexation Study • 0 1. Name & Location of the project: Broward County Transit Impact Fee and Concurrency Study Broward County, Florida The nature of the firm's responsibility on this project: Walter H. Keller, Inc., as Prime Consultant and Thomas G. Wright as Legal Subconsultant, investigated the technical and legal basis for revising Broward's impact fee process from platting to the building permit level and revising the fee basis to be primarily Transit based in lieu of the existing Highway based system. Project Owner's Representative name, address & phone number: Elliot Auerhaun, Director Broward County Development Management Division 115 S. Andrews Avenue, Room A-2, Ft. Lauderdale, Florida 33301 Telephone: 954-357-6666 Project user Agency's representative name, address & phone number: Broward County Department of Planning and Environmental Protection 115 S. Andrews Avenue, Room A-2, Ft. Lauderdale, Florida 33301 Telephone: 954-357-6666 Date project was completed or is anticipated to be completed: January 2003 Population of entity for which the Feasibility Study was done: 1,700,000. Was Implementation part of this project : No, Project was to provide Technical and Legal Basis of converting to Transit based fee system. Please state the Forecasted Cost of the Project vs. Actual Performance and explain difference. Budgeted Amount : $48,780.00 Actual Amount: $14,740.00 Phase I, Broward County placed project on hold after Phase I due to Capital Improvement Funding deficiencies for the 5 Year Transit Plan. Work for which the staff was responsible: WHK was the Prime Consultant, Thomas Wright, Esq. was the Legal Subconsultant. Present status of this project: Completed; Broward County is currently implementing the Transit fee based system. Project Manager & key professionals involved on listed project & who of that staff to be assigned to this project: Project Manager - Walter H. Keller, PE., AICP. Systems Engineer — Luong Ta Thomas Wright, Esq. (Legal Subconsultant) Vice President - Mary F. Keller Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? No, project was placed on hold pending future capital improvement funding. 2. Name & Location of the project: Fire and Public Service Assessment Fee Study Lauderdale Lakes, Florida The nature of the firm's responsibility on this project: Walter H. Keller, Inc. prepared the assessment rate study to apportion the cost for fire combat and emergency rescue services within the City of Lauderdale Lakes and to develop a non -ad valorem assessment role to assess all properties their pro -rate share. Project Owner's Representative name, address & phone number: Dan Holmes, Director of Community Development City of Lauderdale Lakes 4300 NW 36* Street Lauderdale Lakes, Florida 33319 Telephone: 954-535-2753 Project user Agency's representative name, address & phone number: City of Lauderdale Lakes 4300 NW 36' Street Lauderdale Lakes, Florida 33319 Telephone: 954-535-2753 Date project was completed or is anticipated to be completed: Project was completed in 1997 with annual updates in 1998 and 1999. Population of entity for which the Feasibility Study was done: 30,000. Was Implementation part of this project : Yes, Project implemented w/Prop Appraisers Office. Please state the Forecasted Cost of the project vs. Actual Performance and explain difference. Budgeted Amount : $18,000.00 1997 Study; $8,500.00 each for 1998 & 1999 Updates Actual Amount: $18,000.00 1997 Study; $8,500.00 each for 1998 & 1999 Updates Work for which the staff was responsible WHK was responsible for data collection, service analysis, proportionate share analysis, fee schedule, public presentations and coordination with County Property Appraiser for assessment roll and City Attorney's Office on Ordinance preparation. Present status of this project: Completed and successfully Implemented Project Manager & other key professionals involved on listed project & who of that staff to be assigned to this project: Principal in Charge - Walter H. Keller, PE., AICP. Systems Engineer - Luong C. Ta Vice President - Mary F. Keller Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? Yes and the firm prepared Annual Updates in 1998 and 1999. 3. Name & Location of the project: Martin County MPO 2025 Long Range Transportation Plan Martin County, Florida The nature of the firms responsibility on this project: Walter H. Keller, Inc. served as the Prime Consultant for this major and complex planning study. This effort included land use and population forecasts; alternative land uses; highway and transit sketch planning; financial forecasts of revenues; capital and operational costs for plan improvements and public involvement. Project Owner's Representative name, address & phone number: Mr. Gary Roberts, Deputy County Engineer Martin County Public Services Department 2401 SE Monterey Road Stuart, Florida 34996 Telephone: 772.221-2300 Project user Agency's representative name, address & phone number: Martin County Metropolitan Planning Organization 2401 SE Monterey Road Stuart, Florida 34996 Telephone: Date project was completed or is anticipated to be completed: May 2001 (Final Documentation) Population of entity for which the Feasibility Study was done: 150,000 (Peak Season) Was Implementation part of this project : Yes, Monitoring Program established. Please state the Forecasted Cost of the project vs. Actual Performance and explain difference. Budgeted Amount : $424,500 Actual Amount: $441,300 for additional public meetings and 3 month extension. Work for which the staff was responsible: Walter H. Keller, Inc. was Prime Consultant responsible for Overall Project Management, Public Involvement, Financial Resources Plan, Highway and Transit Needs Plan, Highway and Transit Cost Feasible Plans and Plan Adoption Process. Present status of this project: Project Adopted by MPO in February 2001. Project Manager & other key professionals involved on listed project & who of that staff to be assigned to this project: Project Manager - Walter H. Keller, PE., AICP. Systems Engineer - Luong C. Ta Public Involvement & Quality Control - Mary F. Keller Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? Yes, WHK provided Technical Support upon completion of the effort. 4. Name & Location of the project Manatee County Impact Fee Manatee County, Florida The nature of the firms responsibility on this project: Tischler & Associates (TA) updated the technical support of the fee schedule and ensured that the fees were technically and legally supportable. The following impact fees were calculated: Roads, Parks, EMS, police and public buildings. Project Owner's Representative name, address & phone number: Carol Clarke, AICP., Planning Director Manatee County Planning Department 1112 Manatee Avenue West, 4'Floor PO Box 1000 Bradenton, Florida 34206 Telephone: 941-748-4501 Project user Agency's representative name, address & phone number: Manatee County Planning Department 1112 Manatee Avenue West, 4d'Floor PO Box 1000 Bradenton, Florida 34206 Telephone: 941-748-4501 Date project was completed or is anticipated to be completed: March 2004—Project completed within an 8 month timeframe. Population of entity for which the Feasibility Study was done: 260,000 Was Implementation part of this project : Yes, Ordinance and Fee Schedule were approved. Please state the Forecasted Cost of the project vs. Actual Performance and explain difference. Budgeted Amount : $98,200 Actual Amount: $106,300 to address affordable housing. Work for which the staff was responsible Tischler Associates served as the Prime Consultant for this effort. Present status of this project: This project is completed. Project Manager & other key professionals involved on listed project & who of that staff to be assigned to this project: Project Manager - Paul Tischler Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? Yes, Tischler and Associates provided technical assistance upon completion of the project. 0 • S. Name & Location of the project: Impact Fee Study and Annexation Studies Deerfield Beach, Florida The nature of the firms responsibility on this project: Tischler and Associates had two assignments in Deerfield Beach, FL. The Impact Fee Study included police capital improvements, which were provided by the Broward County Sheriffs Department. The other assignment was conducting fiscal impact and annexation studies for four (4) possible areas to annex. Project Owner's Representative name, address & phone number: Larry R. Deetjen, City Manager City of Deerfield Beach 150 NE 2' Avenue Deerfield Beach, Florida 33441 Telephone: 954-480-4263 Project user Agency's representative name, address & phone number: City of Deerfield Beach 150 NE 2' Avenue Deerfield Beach, Florida 33441 Telephone: 954-480-4263 Date project was completed or is anticipated to be completed April 1997—The Impact Fee project was completed in four months. Population of entity for which the Feasibility Study was done: 53,000 Was Implementation part of this project: No Please state the Forecasted Cost of the project vs. Actual Performance and explain difference. Budgeted Amount : $52,000 Impact Fees and $44,300 for Annexation Studies Actual Amount: $52,000 Impact Fees and $44,300 for Annexation Studies Work for which the staff was responsible: Tischler and Associates was the Consultant for this effort. Present status of this project: This project is completed Project Manager & other key professionals involved on listed project & who of that staff to be assigned to this project: Project Manager - Paul Tischler Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? No, technical assistance was not required in this effort. 6. Name & Location of the project: Fiscal Impact Annexation Study Plant City, Florida The nature of the firms responsibility on this project Tischler and Associates was a subconsultant responsible for presenting economic and land use policy issues for the City and the Chamber of Commerce. Project Owner's Representative name, address & phone number. David Sollenberger, City Manager Marion Smith, President 302 W. Reynolds Street Greater Plant City C of Commerce P.O. Box C 106 N. Evers Street Plant City, FL 33564 Plant City, FL 33563 813-659-4200 800-760-2375 Project user Agency's representative name, address & phone number Same as above Date project was completed or is anticipated to be completed: March 2004—This project and study effort was completed in 3 months. Population of entity for which the Feasibility Study was done: 30,000 Was Implementation part of this project: No Please state the Forecasted Cost of the project vs. Actual Performance and explain difference. Budgeted Amount : $60,000 Actual Amount: $60,000 Work for which the staff was responsible Paul Tischler conducted a workshop on the policy implications of Impact Fees. Present status of this project: This project is complete. Project Manager & other key professionals involved on listed project & who of that staff to be assigned to this project Project Manager - Paul Tischler ` Did this project require your firm to provide the entity's staff with reasonable technical assistance in responding to questions about fees and documentation after the study was completed? If yes, please explain. No, technical assistance was not required in this effort. • • OTHER EXPERIENCE FOR WALTER H. KELLER, INC. Comprehensive Planning 1989 Comprehensive Plan. Mr. Carmen Annunziato. Former Citv Planning Director (407-393-7784) - City of Bovnton Beach. Palm Beach County, Florida - WHK was the Prime Consultant responsible for preparing the Traffic Circulation, Coastal Management, and Conservation Elements of the City's Comprehensive Plan. In the Traffic Circulation Element, the firm reviewed and assessed current traffic conditions, prepared a traffic model to identify future traffic conditions and prepared a separate report on implementation of a traffic impact fee system. In the Coastal Management Element, original research was performed to identify current water quality, provide a detailed economic base analysis and complete a computer base map. The Conservation Element inventoried unique natural areas within the City and developed a program for future preservation. WHK was also responsible for printing of the combined City Planning Staff and Consultant based plan elements into a three (3) volume set, packaging and shipping the documents to DCA and assisting the City staff in responding to DCA ORC report. The City Plan was found in Compliance by DCA. 1989 Broward Countv Land Use Plan - Broward County Planning Council. Mr. Peter Ross. Former PlanninL- Director (954-357-6666). Broward Countv. Florida - The firm was the Prime Consultant responsible for updating Broward County's Land Use Plan. This Plan, which was initially approved in 1977, underwent major revision relative to the 1985/1986 Growth Management Act. Major responsibilities of WHK included: the mapping of existing Land Use (1 "-2,000'); mapping of Natural Resources (1 "-6,000'); an analysis of the availability of Regional Facilities and Services, identification of the amount of land required for the future population; mapping and tabulation of the Future Land Use Map and Level of Service Standards for Regional Services. WHK was responsible for preparing Volume 2 - the Technical Support Document for the County Land Use Plan. Broward County was the first County to receive a Compliance Determination from DCA. 2002 Comprehensive Plan and Recertification of Future Land Use Element -, Town of Lauderdale- bv-the- Sea. Mr. Bob Baldwin. Town Manager (954-776- 5076 — 2003). Broward Countv. Florida - Walter H. Keller, Inc. prepared the City's 2002 Comprehensive Plan. The 2002 Plan incorporated the Sea Ranch Lakes Condominiums and Intracoastal Beach Area annexations into the Town which effectively doubled the population and land area of the Town. The firm was responsible for all plan elements, public involvement, scheduling and processing approval through the Department of Community Affairs. WHK was also responsible for preparing the Certification Package for recertifying the Future Land Use Element with the Broward County Planning Council. Zoning Overlays - Town of Lauderdale-bv-the-Sea. Mr. Bob Baldwin. Town Manager (954-776-5076 — 2003). Broward Countv. Florida - — The Town Commission authorized establishment of two (2) zoning overlay districts to facilitate redevelopment efforts. WHK was responsible for preparing the Marina Village and RM-25 Overlay Districts. The districts allow the Town Commission to approve quality residential projects with reductions in pervious area, front and side setbacks through the site plan review process. The overlay districts encourage multi -lot development and established procedures for review and approval. Developers are required to provide increased architectural features and details, pedestrian orientation and landscaping. 2002 Citv GIS Base Mans — City of Pompano Beach. Mr. Larry Schuster, Citv Planner (954-786-4654 - $12.500). Broward County. FL., - This project involved preparing new digital base maps for use by the City, City Departments and for distribution to the public. WHK prepared both color and black and white Zoning Maps at 1" to 1,000 and 1"- 600' scales. The Future Land Use Map was also prepared in the same scales and colors. A City-wide Base Map was also developed. The firm also assisted the City in updating of the maps to reflect local zoning and land use revisions. The City Zoning Map was also provided in pdf format and can be found on the City website at this location: http://www.ci.t)omt)ano-beach.fl.us/directorv/index.htm#Zoning, . 1995 Evaluation and Apmraisal Report. Development Review Services and, Special Studies - City of Lauderdale Lakes. Mr. Eugene Beck. Citv Councilman (954-731-5126). Broward Countv. Florida - Walter H. Keller, Inc. serves as the City's Consultant Planner. In this capacity the firm is responsible for the day to day planning activities including site plan review, plat review, concurrency management and land development regulations. The firm has also performed special planning studies such as the 1995 Annexation Study. WHK also prepared the 1995 Evaluation and Appraisal Report. In this effort, computer base mapping was also provided to the City. The City's EAR was found Sufficient by DCA. WHK is currently developing the 1996 EAR based Plan Amendments, 2003 Broward Countv Evaluation and Appraisal Report: Maior Issue #6, "Developing Transit Oriented Land Use Patterns". Department of Planning and Environmental Protection. Transportation Planning Division (Enrioue Zelava. 954-357-6635 - $35.000). Broward Countv_ . Florida — This project reviewed and assessed the current Comprehensive Plan and other on -going transportation efforts within Broward County. The purpose of the Study was to identify potential changes to the Future Land Use, Transportation and other Plan Element goals, objectives and policies to improve the relationship between land use and transportation and therefore increase transit ridership. The cost benefits of TOLUPs is discussed relative to the 2025 Long Range Transportation Plan and the Broward County Land Use Plan. 0 0 2001 Transportation Element — Construction Services. Ms. Cecelia Hollar, AICP.. Director (954-828-5261). Citv of Fort Lauderdale. Florida — WHK was responsible for developing the Transportation Element of the Comprehensive Plan for the major city (population 150,000) in Broward County (population 1,500,00). A unique feature of the Element was the incorporation of land use — transportation strategies that support mass transit ridership and multi -modal transportation. The Element included an Executive Summary/Adoption Document with goals, objectives and policies and major transportation maps. The Support Document included the data and analysis for the goals, objectives and policies. The Transportation Element is scheduled for adoption in December, 2001. Transportation Element — City Comprehensive Plan — Plannine Department. Mr. Larry Schuster. AICP.. Citv Planner (954-786-4654). Citv of Pompano Beach. Florida — WHK was responsible for developing the Transportation Element of the Comprehensive Plan for a major city (population 75,000) in Broward County (population 1,500,00). A unique feature of the Element was the incorporation of transportation strategies that support Tri-Rail Commuter Rail. The Transportation Element was adopted in January, 2000 and was found in compliance by the Department of Community Affairs. Expert Witness Services Section 28 vs. Martin Countv - Burke. Weaver and Prell (outside legal consultants) (1995 and 1998 - $105.000). Ms. Nancv Stroud. Esa .. (561-391- 0400) and Mr. Garv_ Oldehoff. Esa.. General Counsel. (561-288-5442). Martin County. Florida - WHK provided a variety of expert witness services to assist Martin County and the Legal Team in defending a major lawsuit attacking the County's Comprehensive Plan, Zoning Ordinances and Land Use Plan. In this effort, the firm provided Comprehensive Planning support, traffic impact analysis, development of site and engineering plans with cost estimates under existing County Codes, preparation of a variety of court exhibits and testimony. WHK work intensely with the legal team in this important and landmark case to support the Comprehensive Planning Process. Planning and Zonine Expert Witness Services — Milnor Corporation versus the Citv of Bov_ nton Beach. June 1998 for the Citv of Bovnton Beach. Florida, — In this case, WHK provided assistance to the City at both the quasi-judicial hearing in front of the City Commission and for the Circuit Court Hearing. The case involved assessing the proposed site plan for consistency with the City's permitted uses in the Business — Office Commercial District. 0 • Traffic and Transportation Growth Management Reviews - Florida Department of Transportation - District VI Planning Office (1991 — June 1999 $305.000). Mr. Phil Steinmiller. Transportation Planning Manager (305-377-5896), Miami. Florida - Walter H. Keller, Inc., has provided Growth Management Review Services to the District VI Planning Office since 1991. As part of these services, WHK has reviewed Comprehensive Plan Amendments by Dade County (3), Homestead, Miami Beach, Miami Springs and the Comprehensive Plan of Monroe County. The firm has provided DRI review services for the International Corporate Park DRI, the Villages of Homestead DRI, Porto Fina DRI, Miami International Airport DRI, Beacon TradePort DRI, Dolphin Stadium (JRS), the Brickell Square and Miami International Mall NOPC's and the Blockbuster Park DRI. Special projects include: Key West Level of Service Analysis, Travel Time and Delay Studies for 6 Dade County Corridors, 1993 Level of Service Update for 500 miles of Dade County State Arterials, HEFT/NW 12th St Interchange TIJR, Cadd Mapping Assistance and validation assistance for the Dade County FSUTMS OS/2 model. GAE & Land Use Plan Amendment Traffic Review Services - Palm Beach, Countvwide Planning Council (1991 - $95.000). Mr. Carmen Annunziato. AICP.. former Ex. Director at (561- 393-7781). Lake Worth. Florida. - WHK provided Traffic Review Services to the Countywide Planning Council relative to applications for Geographical Areas of Exception (GAE) and Land Use Plan Amendments. The firm prepared the technical reviews of 5 large GAE's. These projects represent portions of governmental jurisdictions requesting exceptions to the County Level of Service Standards somewhat similar to STA's. In addition to preparing a sufficiency response and the final technical review, the firm also performed FSUTMS Modeling and an alternatives analysis of the cumulative impacts of the 5 GAE applications. The five applications included: Palm Beach International Airport; Downtown West Palm Beach; Riviera Beach Redevelopment Area; Westgate -Belvedere Redevelopment Area; and Delray Beach Downtown Redevelopment Area. Treasure Coast Travel Characteristics Studv - FDOT District IV Planning Office (1995 - $165.000). Mr. Shi Chiane Li. AICP.. FDOT Pro iect Manager (954-777-4655). Fort Lauderdale. FL - This Study involved extensive sampling and survey efforts to establish the trip making characteristics of the Martin, St. Lucie and Indian River County area. Random sampling from Property Appraiser tapes was used to develop a sample pool of 5,000 Treasure Coast households. Telephone surveys were completed with 1,800 households and detailed travel log diaries were collected from 600 households. The results of the Study was utilized to modify the FSUTMS default values to represent Treasure Coast conditions. Broward Countv Year 2020 Lone Range Transportation Plan - Broward Countv Metronolitian Planning Organization (1998 - $165.000). Mr. Ossama Al Aschkar. PE.. Project Manager (954-357-6653). Fort Lauderdale. FL - WHK was the prime consultant responsible for updating Broward's Long Range Transportation Plan from 2015 to 2020. This project will developed two Plan products: a 2020 Needs Plan and a 2020 Cost Feasible Plan. Major responsibilities of WHK include Project Management and Quality Control, Public Involvement, Financial Resource Plan, Model Validation, Highway and Transit Plan Development and Plan Adoption Process. The 2020 Plan was approved by the MPO in December, 1998. Traffic Engineering — Continuing Contract - (Since 1998 — Martin Countv Engineering Division —Gary Roberts 772-221-2300) - The firm was selected to provide continuing traffic engineering services to the County. Example projects have included: Intersection Improvements at SR 714 and CR 76-A ; Roadway Geometric Study of High Meadows Avenue and Murphy Road; Traffic Signalization at SR 714 and Waterfall Boulevard; Traffic Signalization at SR714 and SW 42"d Avenue; Traffic Signalization at Mapp Road and SW 36'h Street; Traffic Circle at Mapp Road and CR 714, Traffic Circle at High Meadows and Murphy Road; Traffic Calming & Landscaping Improvements to Murphy Road and Flashing Warning Signal at Seaward and Commerce Avenue. Firm responsibilities include traffic counts (machine and turning movements), capacity and Level of Service Studies, traffic projections, intersection and roadway improvement design, traffic signalization design, permitting and bid documents. Redevelopment and Revitalization Bridgeside Sauare Revitalization Plan - Engineering Master Plan - City of Fort Lauderdale (1997- P. Sheridan -954-761-5086 - $3.200.000) - The firm was retained as the Civil Engineer for the Revitalization Plan for a 25 acre Revitalization Plan at the Intracoastal Waterway and Oakland Park Boulevard. As part of this effort, WHK was responsible for all traffic studies, roadway and grading plan, drainage plan, water and sewer plan and cost estimates. An assessment roll is under preparation by the City and if approved, detailed engineering plans will be prepared. Traffic Circulation and Parking Element - Delrav Beach Downtown CRA- Walter H. Keller, Inc. prepared the Traffic Circulation and Parking Plan for the Delray Beach downtown CRA. This area covered the downtown business district. This area included retail, office and historical uses. Time of day parking occupancy surveys were used to identify the current parking space demand for approximately 2,300 parking spaces. The firm identified existing deficiencies, analyzed future demands and prepared immediate and long-range improvements for downtown parking and traffic circulation. Palm Beach Lakes Blvd./ I-95 / Congress Ave. Area Studv (June. 1997 - $12.500) for the Citv_ of West Palm Beach. Florida. Plannin4 Department - Walter H. Keller, Inc. prepared a comprehensive development and redevelopment study for the 295 acre area including the West Palm Beach Auditorium and Stadium Complex, the former Palm Beach Lakes Golf Course property, the Palm Beach Mall and Palm Beach Lakes Blvd. commercial frontage and the Forum office area. The purpose of the study was to inventory existing land use and development, to assess the feasibility of various development and redevelopment scenarios and to make recommendations to the City regarding future development, land use designations and zoning for the study area. WHK also provided expert testimony to the City Commission regarding the Area Study and a proposed AutoNation development within the study area. Melvin I. Anglin Sauare Revitalization Proiect — Mr. Robert Baldwin. Town, Manager 954-776-0756. (1997 — 1999 $200.000 Construction Cost) - Town of Lauderdale by the Sea. Florida — WHK served as the Engineer of Record for a Revitalization Project in the Town's main business — tourist area adjacent to the public beach area. This project includes an extensive paver brick streetscape, landscaping, drainage, lighting and parking. Redevelopment and Revitalization Plan - Mr. Robert Baldwin. Town Manager 954-776-0756. (1998 — 1999 $60.000) - Town of Lauderdale by the Sea. Florida — Walter H. Keller, Inc. was responsible for preparing the Town's first Redevelopment and Revitalization Plan. In addition to developing concept plans for four new target areas for long-term redevelopment , the Plan also incorporated a 10 year capital improvement program targeting landscaping, streetscape, sidewalk, drainage and beautification projects. Seagrape Drive Sidewalk and Landscavine Improvements - Mr. Robert, Baldwin. Town Manager 954-776-0756. (2000 - 2002 $660.000) - Town of Lauderdale by the Sea. Florida — The firm served as the prime consultant for preparing a streetscape project for South Seagrape Drive. Major features of the project included a new color sidewalk with pavers, landscaping, drainage improvements, upgraded street lighting, traffic calming (speed humps) and resurfacing. The firm prepared the conceptual plans, presented alternatives for public review, prepared final construction drawings and contract specifications, cost estimates, bidding documents, utility coordination and permitting. This project also include a traffic calming improvement at Hibiscus Avenue and Bougainvilla Drive to reduce "cut — through" traffic in the neighborhood. WHK is also responsible for construction observation and final certification efforts. Construction was initiated on this project in September 2002. a_aBAr 0 • === ELsM �� ; Corporate Profile Since 1983, Walter H. Keller, Inc. (WHK) has provided professional Planning, Traffic and Development assistance to government, developers and numerous consultants in solving the complex issues of growth, infrastructure and budget. The firm is committed to meeting client needs with professional quality services using "state of the art" technology and practices. The firm's website is: htty: / / www.whkinc.com. WHK's primary service area includes Monroe County on the south and Indian River County on the north serviced by two (2) offices. The firm's corporate office is located in Coral Springs in Broward County. A Treasure Coast Office was opened in 1996 in Sewall's Point in Martin County. Extensive use of computer -assisted analysis and design provides long term reductions in cost and more efficient presentation options. An experienced professional is assigned as Project Manager to each and every project. In- house equipment and resources along with our firm's knowledge and training, allows us to meet complex and difficult challenges. The firm's key capabilities satisfy client's "out -sourcing" requirements, since the capability cannot be maintained cost -efficiently with "in-house" personnel. The professional services provided by WHK are described below: Comprehensive and Urban Planning Services — Growth management systems, project review services, urban and regional planning, site planning, impact analysis, zoning, land development codes, concurrency analysis and management systems, permit processing, comprehensive plans, evaluation and appraisal reports, redevelopment studies, marketing and demographic studies, annexation studies, impact fee evaluation, economic studies, presentation graphics, mapping, GIS and neighborhood studies. Traffic and Transportation Services — Traffic studies, transportation planning, travel modeling, traffic operation studies, level of services analysis, capacity analysis, transit studies, transit oriented design, land use - transportation relationships, parking studies, intersection design, traffic signalization, signal timing plans, traffic simulation and permitting. Civil Eneineerine and Development Services — Site planning, paving and grading plans, drainage plans, water and sewer plans, roadway design, intersection design, parking lot design, lighting, cost estimates, project phasing, capital improvement programming, permits and construction supervision. Walter H. Keller, Inc. a_aGAF • • Corporate Profile Walter H. Keller, Inc., is organized as a Corporation under the laws of the State of Florida. The firm is authorized by the Florida Board of Professional Engineers as an Engineering Business to practice Engineering in the State of Florida. The firm maintains licenses with Broward County, Coral Springs and Martin County. The firm is also pre -qualified with several jurisdictions including Broward County (Qualified Vendor List for Engineering M 6 01 137 A3), Town of Davie (Development Reviews), Fort Lauderdale (Traffic Engineering), Martin County (Traffic Engineering) and the Florida Department of Transportation (FDOT). FDOT pre -qualifications are noted below: Group Designation 2.0 Project Development & Environmental Studies 3.1 Minor Highway Design 6.1 Traffic Engineering Studies 7.1 Signing, Pavement Marking and Channelization 7.2 Lighting 7.3 Signalization 13.3 Policy Planning 13.4 Systems Planning 13.5 Subarea/Corridor Planning 13.6 Land Planning(for appraisal support) Walter H. Keller, Inc. i�rrrl, Lc•a� t�>»riic• �l l''lni�iiii�; (��i��rillui�� Tischler & Associates, Inc. (TA) has provided fiscal, economic and planning consulting services to public and private sector clients for over 30 years. In this time, TA has prepared over 500 impact fees and over 400 fiscal impact analyses. As illustrated on the map below, TA has provided fiscal, economic and planning consulting services to jurisdictions across the country. The professional services offered by Tischler & Associates include: - Impact (Development) Fees - Fiscal Impact Analyses - Capital Improvement Plans - Market & Economic Feasibility Studies/Economic Development Strategies - Fiscal and Economic Software w ww. tisciderassuciates. cvm • Impact Fees are one-time payments used to fund capital improvements needed to accommodate new development. Since impact fees are applied only to new development, they have become an increasingly popular revenue source for local governments. PUBLIC SECTOR TA has completed over 500 impact fee studies for jurisdictions across the country. The types of facilities for which TA has calculated impact fees include: roads, utilities, schools, parks, libraries, police, fire/EMS and municipal buildings. For those communities not sure about the practicality of impact fees and/or the impact fee categories to evaluate, TA offers an impact fee feasibility analysis. This cost-effective study (under $9,000) provides a road map for the jurisdiction and can serve as a white paper. Some of TA's public sector impact fee clients include: Bentonville, AR Pasco Co., FL Edmond, OK Avondale, AZ Polk Co., FL Stillwater, OK Camp Verde, AZ Sunny Isles Beach, FL Lower Markham Township, PA Carefree, AZ Tarpon Springs, FL E. Greenwich, RI Flagstaff, AZ Venice, FL Horry Co., SC Glendale, AZ Post Falls, ID Rock Hills, SC Goodyear, AZ Barnstable Township, MA Summerville, SC Peoria, AZ Calvert Co., MD American Fork, UT Phoenix, AZ Carroll Co., MD Brigham City, UT Queen Creek, AZ Cecil Co., MD Clearfield, UT Scottsdale, AZ Charles Co., MD Clinton City, UT Show Low, AZ Frederick Co., MD Draper, UT Surprise, AZ Queen Anne Co., MD Farmington, UT Tolleson, AZ Washington Co., MD Hyde Park, UT Chino Hills, CA Westminster, MD Kaysville, UT Boulder, CO Worcester Co., MD North Logan, UT Castle Rock, CO Madison, MS Pleasant Grove, UT Eaton, CO Billings, MT South Valley Sewer District, UT Greeley, CO Bozeman, MT Salt Lake Co., UT Johnstown, CO Missoula, MT Spanish Fork, UT Louisville, CO Chatham Co., NC Springville, UT Pitkin Co., CO Durham Co., NC Wellsville, UT Steamboat Springs, CO Greenville, NC Woods Cross, UT Appoquinimink School Dist., DE Nags Head, NC Chesapeake, VA New Castle, DE Orange Co., NC Chesterfield Co., VA State of Delaware Albuquerque, NM Isle of Wight, VA Deerfield Beach, FL Las Cruces, NM Suffolk, VA Hillsborough Co., FL Taos, NM Eau Claire, WI Key Biscayne, FL Clifton Park, NY New Berlin, WI Manatee Co., FL Delaware, OH Teton County, WY ww►v. tischlerassociates. com • • ME i � � r ML-JmLM Mff �7 ■ IV OKEECHOBEE CITY/ COUNTY IMPACT FEE STUDY PROJECT APPROACH Florida's Local Government Comprehensive Planning and Land Development Regulation Act Chapter 163 Part II Florida Statutes (the "Planning Act") provides that local governments are expected to provide for an adequate level of public facilities and services that will be available when needed to support planned development. This concurrency requirement can be achieved in part through the use of impact fees. The City of Okeechobee (City) and Okeechobee County (County) have decided to update their land development regulations related to impact fees. The impact fee system is an important tool for implementation of the City and County comprehensive plans. Creating a system of impact fees will include the adoption of appropriate amendments to the Land Development Code and may include revisions of the City's capital facility plans and programs, and the capital improvement and land use related elements of the City's Comprehensive Plan. The Project Team members for this effort have unique and specialized credentials for accomplishing this effort for the City and the County. Walter H. Keller, Inc., (WHK) will serve as the Prime Consultant for this effort. Tischler and Associates, Inc. (TA) and Thomas G. Wright, J.D., LL.M. (TGW) will serve as major sub consultants for this effort. WHK and TGW have considerable Florida experience and WHK has previously performed assignments within the County. TA has both Florida and National experience in Impact Fees and Fiscal Impact Assessments. The combined resources of the project team members will allow unique, innovative, succinct and defensible procedures to be put into place thereby allowing the City and the County to collect revenue to assist in meeting capital infrastructure needs. The following narrative discussion highlights our approach to this important effort. A listing of Tasks/Subtasks of the Scope of Services is provided at the back portion of this Section along with manhour estimates, fee estimate and project schedule. Approach to the Feasibility Study Impact fees have proven to be an important implementation tool for the comprehensive plan and as a critical part of the overall funding strategy for the capital improvements that will be needed to serve planned development. However, impact fees alone will not be sufficient to adequately accommodate projected growth. Other innovative funding mechanisms can be considered to be used in conjunction with impact fees. Continued development can only be satisfactorily accommodated if adequate public facilities will be available when needed. Expansion and upgrading of these facilities will be a means by which development and redevelopment can continue in accordance with the applicable Comprehensive Plan. Impact fees can be used as incentives or disincentives for achieving planning objectives. The Project Team's state as well as national experience in impact fee calculations and implementation approaches will be important in this effort. A primary objective of the Technical Feasibility Study and Implementation of Impact Fee Program will be to provide an implementation tool for the City, County, School District, and Utility Authority long-range plans for public facilities. Capital facility plans need to be financially feasible and to describe the need for and costs of the additional facility improvements that will be necessary to provide public facilities at established levels of service. Creating the system of impact fees will include the adoption of appropriate amendments to the Land Development Code and may include revisions of capital facility plans and programs, and the capital improvement and land use related elements of the City and County Comprehensive Plans. Interviews should be conducted with developers/builders involved in residential, commercial and industrial activity in the City and County and neighboring areas in which there is relevant competition. Although there is recent literature regarding impact fees and lot sale prices, development costs and housing prices (prepared for Brookings Institution), local interviews will be more reliable than the national findings. The local findings will be discussed in relation to national findings and differences will be noted, when appropriate. Based on interviews with various City, County, School District and Utility Authority personnel, including service providers as well as planning officials, we will be able to better assess other objectives. This will include utilizing impact fees as an incentive tool which encourages growth in areas that it is desired, an impact fee schedule that achieves economic development objectives such as encouraging large scale commercial and industrial development, as well the feasibility of differential and tiered impact fees approaches. As part of these considerations we will review the comprehensive plan relative to the recommended impact fee strategies. New categories of impact fees that are appropriate may be considered as well as other concepts that could better address the City and County infrastructure needs through impact fees and other concepts, whether land use or revenue which would enhance the ability of the City and the County to meet their goals. The Project Team's state and national experience in impact fees, fiscal analysis, planning and implementation techniques will lead to comprehensive, defensible and understandable products. This will include a summary matrix of options and recommendations for the City and County to review as well other interested parties. Our team has conducted many facilitation meetings, presented at many public forums and served as expert witnesses on impact fee and land use topics. We know what to provide and how to present it. For an impact fee to be valid in Florida there must be a nexus between the impacts created by a development project on capital facilities, the cost of providing those facilities, and benefits conferred upon the development from the expenditure of the collected funds. The revenues from the impact fee may only be used to prevent future deficiencies caused by new development and may not be used to alleviate existing conditions. This is a simplified statement of the dual rational nexus test established in the landmark case of Hollvwood Inc. vs. Broward Countv 431 So. 2d 606 (Fla.4`h DCA 1983). The Appellate Court in the Hollvwood Inc. case upheld a regional park impact fee requirement adopted by the Broward County Commission in 1977. This was the first time that a regulatory impact fee had been upheld by a Florida appellate court. The imposition of user charges for sewer utility capital improvements had been upheld in Contractors & Builders Association of Pinellas Countv vs. Citv of Dunedin 329 So.2d 314 (Fla.1976). Following the Hollvwood Inc. case, road impact fees were upheld in Home Builders and Contractors Association vs. Palm Beach Countv 446 So.2d 140 (Fla. 41h DCA 1983. The U. S. Supreme Court ruled in Nollan v. California Coastal Commission 483 U.S. 85 (1987) that when an exaction condition is placed upon the approval of a development permit, the regulation imposing the exaction condition must substantially advance a legitimate state interest. In Dolan v. City of Tigard 512 U.S. 374 (1994) the U.S. Supreme Court went further to recognize the need for a "rough proportionality" between the exaction required and the impact caused by the development. The Court also stated that because the City had made an adjudicative (quasi-judicial) decision to impose the exaction condition the burden of proof is on the City. Because both the Nollan and Dolan cases dealt with dedications and easements allowing public access to private property, it has been thought by some that those rulings do not apply to impact fees which are cash payments that do not directly diminish real property rights. The better thinking, and the rule of law in almost every state other than California, is that the fundamental fairness requirements of equal protection and due process in addition to the takings issue necessitate application of the Nollan and Dolan standards to all exactions including impact fees. The Nollan and Dolan cases apply to exactions the long standing principle applied to zoning in Villaee of Euclid v. Ambler Realty Co. 272 U.S.365 (1926) that a regulation must bear a reasonable relationship to legitimate state interests. In Dolan the Court also stated that when an exaction results from an adjudicative decision it must be based on an individualized determination that the exaction is related both in nature and extent to the impact of the development. Florida's dual rational nexus test for impact fee exactions, established in the Hollvwood Inc. case already required the "essential nexus" test of Nollan between the exactions imposed on the proposed development and the advancement of legitimate governmental interests the regulation, and more precision than the "roughly proportional" test of Dolan between the exaction and the impact of the development. Over a century ago, in Norwood v. Baker 172 U.S. 269 (1898), the U.S. Supreme Court applied a benefit requirement to special assessments. The Court said that "...the exaction from the owner of private property of the cost of a public improvement in substantial excess of the special benefits accruing to him is, to the extent of the excess, a taking, under the guise of taxation..." The U.S. Supreme Court has not yet applied a Norwood style benefit requirement to exactions, but the Florida Courts have in the dual rational nexus test. An ordinance meeting the more stringent Florida standards for impact fees, which also require that the use of the fee benefit the payer of the fee should readily pass muster with the U. S. Supreme Court. The U.S. Supreme Court only sets the minimum standard under the Federal Constitution. A State may set a higher standard for regulatory exactions, and Florida has done so. A historical basis for this higher standard is Florida's constitutional requirement in Section 1, Article VII, Florida Constitution, that local governments may not impose a tax unless the tax has been specifically authorized by general law. Many early attempts to impose impact fees were stricken as unauthorized taxes or as being outside the local government's home rule powers. As a consequence, the Florida Courts crafted the dual rational nexus test that carefully distinguishes between a lawful regulatory exaction under home rule and an illegal tax. In 1991, school impact fees were addressed in St. Johns County vs. Northeast Florida Builders Association 583 So.2d 635 (Fla.1991). In the St. Johns case the Florida Supreme Court relied on the principles of the dual rational nexus test first established in the Hollywood Inc. case, and held that impact fees could be imposed for schools, although the ordinance in question had some deficiencies that needed correction. Florida's Constitution establishes requirements of uniformity in the provision of public schools that must be given special consideration. More recently in Volusia County vs. Aberdeen at Ormond Beach, L.P. 760 So.2d 126 (Fla. 2000) the Florida Supreme Court held that a community with deed restrictions prohibiting permanent residents under 18 would not receive a sufficient benefit to justify the imposition of school impact fees. This case reinforces the requirement that the payer of the fee receive a demonstrable benefit from the fee that it paid. Florida does not have a standardized impact fee format established by statute. This is actually to the benefit of the City and County in their desire to find appropriate impact fee programs to help solve their special needs. Under home rule, a city or county can create and implement its own unique system of impact fees provided that Florida's dual rational nexus test is met. Approach to Implementation of Impact Fees The Florida Legislature has recognized that there is statewide need for long range planning and particularly a need to coordinate public facility planning with land use planning. Because local governments are primarily responsible for land use planning and development permitting, it is essential that each local government also address the long-range public facilities needs within its jurisdiction through comprehensive planning, land development regulations, and innovative funding mechanisms including techniques such as impact fees. The challenge is to calculate impact fees that are realistic and fair to the payer of the fee and yet adequate to sufficiently improve the facilities to make up for future deficiencies that would result from the development being allowed to proceed. The fee should be in an amount proportionate to the need for the public facilities and services generated by the new development. Fees for impacts may be used as a funding component of the Capital Improvement Element of the Comprehensive Plan and capital facility plans to provide public facilities that will be needed to help offset the impacts of the new development. Long range facilities plans need to be financially feasible to most strongly support the imposition of impact fee requirements. The capital improvements element of the City and County Comprehensive Plans may be revised if necessary to describe the public facilities and services that will be needed, and that can be funded, and to provide for an adequate level of service for the land uses authorized by the future land use plan element. Facility Plans and land use plans should be consistent with each other and land use permitting decisions need to implement those plans. Increased density and intensity of development resulting from development and C] • redevelopment can only be satisfactorily accommodated if adequate facilities will be available. The functionality and serviceability of levels of service currently uscd by the City and the County should be evaluated and addressed. In reviewing future development projects, the total demand of the project should be measured for each type of public facility. The total demand should be based on the type of use and the density or intensity of the project. This total need created by the development should be compared against the future facility improvement needs in the area where the project is located. An impact fee assessment is calculated based on legislative determinations made at the time of ordinance adoption. The basis for the determinations should be reviewed periodically and revised as necessary. The impact fee ordinance should provide that the calculation of the assessment can be made administratively based on the costs of facilities and pre -determined demand rates for particular densities and intensities of development. There must be a nexus between the need created by the project and benefits conferred upon the development and the cost of providing the benefit. The revenues from the impact fee may only be used to prevent or correct future deficiencies caused by new development and may not be used to alleviate existing conditions. To demonstrate the required benefit, the funds must be applied within a reasonable period of time to specific projects in the Capital Facility Plans that will demonstrably improve, or at least minimize the deterioration of, the level of service for the public facilities in the area serving the proposed development. Improvements should be targeted to meet the needs of that particular area where they are imposed. The improvements should be prioritized for use of impact fee funds with the highest priority given to those capital improvements, which can most readily be demonstrated to be of benefit to the development upon which the fee was imposed. Arterial, collector, and local residential roads can be addressed independently and targeted for the needs of each type of road in each area of the City and County. A tiered impact fee correlated to unit cost of providing facilities could provide adequate funds needed to improve specifically targeted facilities. Where facilities are currently lacking, those impact fees may be higher. Differential impact fees that encourage growth within the areas that the City or County wish to encourage growth and discourage growth where facilities are inadequate and there is no current financial feasible plan to improve them may be given consideration. A variety of different impact fees may be used to address the impacts of development provided they are implemented in a manner that provides a benefit to the payer of the fee. If facilities created through the use of impact fees can be demonstrated to address those impacts and to provide such a benefit then such an impact fee could be feasible. In Florida, under home rule, new categories of impact fees for capital facilities can be established, provided that the standards of the dual rational nexus test are met. A basic tenant of impact fees is that they can not be waived if the waiver would result in the impacts of the waived development being paid by the impact fees of other development. However, there are a number of ways that affordable housing can be addressed. Residential fee schedules can be based on the type of dwelling unit, square feet of living area, number of bedrooms, and other criteria that better reflect the number of occupants and the potential impact of the unit on facilities and services. • Impact fee districts are particularly suitable where there is a wide variation between the existing levels of services in different areas. In areas where existing levels of service are adequate a district could be used to maintain that level of service. If there are areas of the City and County that are composed of unpaved and or significantly deteriorated roads that may not provide safe and adequate access, then concurrency is an issue. Under concurrency, building permits should not be issued, even for a platted lot, if roads necessary to provide safe and adequate access to the lot are not available. Areas with inadequate roads will necessitate special treatment for building construction to continue. Separate funding sources may be necessary for areas of inadequate roads that also include existing homes. The City and County could encourage jobs that could be provided by large-scale commercial and industrial development located in appropriate areas through a broad strategy that includes the use of impact fees. Community Redevelopment Agencies (CRA) or special districts such as Community Development Districts (CDD) may be appropriate vehicles for services and capital improvements in some areas. Subject to vested rights, impact fees may be applied to redevelopment if it is demonstrated that the redevelopment would have a greater impact on facilities and services or that the existing level of service is below the adopted level of service for the area.. Imposition of impact fees directly at the building permit stage would apply to redevelopment as well as to new development and would be more accurate, more efficient, and more broadly based than at earlier stages of the permitting process. For an impact fee program to be viable, a formal process needs to be available to give a project developer the opportunity to prepare a study demonstrating that it will receive no benefit from the facilities to be provided or alternatively to make a proposal to construct or fund improvements in the capital facilities plans that would expand the capacity of the public facilities to accommodate the impacts generated by the project. This process can help to prevent the problem of a lack of benefit to the payer of the impact fee which occurred in the Volusia County case. A recent example of an innovative/non-traditional category of impact fees is described in the 2003 Broward County Transit Impact Fee and Concurrency Study. Although transit may not be an issue in the City and County, this recent Study demonstrates how innovative thinking can be used to address the specific needs of a community. This Study proposed a new approach to addressing future transportation needs by providing the technical and legal basis to revise a transportation concurrency program to refocus primarily on transit services. The Study recommended the imposition of concurrency assessments for transportation with an emphasis on transit and the imposition of transit impact fees tailored to specific areas that would benefit from improved transit. The legal principles set forth in the Study to allow for the imposition of concurrency assessments and impact fees at the building permit stage are also applicable to, and compatible, with the imposition of other impact fees on a similar basis. Examples of Other Funding Mechanisms to Consider in Conjunction with Impact Fees Special Assessments Special assessments are a funding tool available to local governments to provide services and facilities. Both specific state statutes and home rule provide adequate authority for a local government to levy a fairly and reasonably apportioned assessment on property that derives a special benefit assessment from the service or facility that will be provided with the revenue. A local government is authorized by general law to collect non -ad valorem special assessments that it has levied through the ad valorem tax bill. Simply stated, the requirements for a valid special assessment are even more detailed and specific than are impact fees which with careful drafting can be readily distinguished. Impact fees and special assessments are two different means to help a local government provide facilities to benefit its residents. A funding program including impact fees and other innovative funding sources could be developed in a manner that could encourage specially benefited property owners to approve the levy of special assessments against their property. Special Improvement Districts There has been extensive use of special improvement districts in Florida to provide basic infrastructure and services. Special improvement districts are special limited purpose units of local government as opposed to cities and counties which are general purpose units of local government. A special district, depending on its charter or governing law, can levy taxes and special assessments, and impose fees and charges to fund the facilities and services that it is authorized to provide. Special improvement districts may either dependant or independent as defined in Chapter 189 Florida Statues. A dependant district in essence functions as a component of another government entity, whereas an independent district once created stands on its own and operates pursuant to the law under which it as established and is not directly responsible to another government entity. The bonded indebtedness and other liabilities of an independent special district are not a burden on the City or County in which the district is located. Community Development Districts (CDD) are a type of independent special district authorized by Chapter 190 Florida Statutes. A CDD of 1000 acres or greater is established by the Florida Land and Water Adjudicatory Commission after public hearings by the local government where the CDD will be located. A CDD of less than 1000 acres is established by the local government within which it is to be located. Public Participation Public participation is essential to the success of these potentially controversial efforts to create impact fee programs as described in the RFP. The key to a successful public involvement effort will be the ability to clearly explain the reasons why a revised impact fee program is necessary to maintain the quality of life that the citizens and business community demand. The public must be educated to understand Florida's legal requirements of a reasonable fee related to the impacts of the development and the use of those fees in a manner that benefits the payer of the fee. These legal requirements are a safeguard that prevents the arbitrary imposition or use of impact fees. There can, and should, be a healthy debate as to what proportion of public facility cost should be borne by taxpayers or by impact fee payers. The Project Team, together with appropriate Staff will reach out to identify and communicate with interest groups and individuals at all stages of the Project. With a solid foundation of fact and an understanding of the law and the goals and objectives of the City and the County, the debate that will ensue can be conducted on a higher plane. Task/Subtasks per RFP Scope of Services This portion of the proposal repeats the RFP Task/Subtasks. The estimated manhours and Consultant Fee to perform both the County and City assignments follows. Note, the fee is based on providing all service fees and removal of a service fee assignment will require a revised fee amount. The estimated time for completing County and City efforts is 9 months. Provisions to encumber impact fees during the study process will be provided. Task 1.0 - Data Collection and Analysis Subtask 1.1 - Data Inventory Subtask 1.2 - Population/Service Unit Estimation Subtask 1.3 - Existing Level of Service (LOS) Identification Subtask 1.4 - Adopted LOS Identification Subtask 1.5 - Population/Service Unit Estimation Subtask 1.6 - Cost/Revenue Identification Subtask 1.7 - Level of Service Analysis Subtask 1.8 - Future Demand Analysis Subtask 1.9 - Future Capital Cost Projections Subtask 1.10 - Data Collection and Analysis Report Task 2.0 -Policy Analysis Subtask 2.1 - Legal Requirements for Imposing Impact Fees Subtask 2.2 - Adopted Level of Service Review Subtask 2.3 - Funding Source Review Subtask 2.4 - Policy Analysis Report and Presentation Subtask 2.5 - Policy Revisions Task 3.0 -Methodology Development Subtask 3.1 - Formula Development Subtask 3.2 - Fee Schedule Preparation Subtask 3.3 - Impact Fee Formula Repot and Presentation Task 4.0 - Implementation and Administration Process Subtask 4.1 - Ordinance and Agreement Preparation Subtask 4.2 - Administration Procedures Subtask 4.3 - Update Process Development Subtask 4.4 - Implementation and Administration Process Development Report Task 5.0 - Final Report Subtask 5.1 - Public Hearings Subtask 5.2 - Document Preparation Subtask 5.3 - Electronic Document Preparation Task 6.0 - Study Requirements and Provisions of Work Subtask 5.1 - Project Schedule Subtask 5.2 - Meetings and Presentations Subtask 5.3 - Progress Reporting and Invoicing Okeechobee City/County Impact Fee Manhour and Fee Estimate Manhour Estimate for Okeechobee County and City, Total Manhour Estimate for Okeechobee County ........ 504 Hours Total Manhour Estimate for City of Okeechobee .......... 208 Hours Fee Estimate for Okeechobee Countv and Citv Service Area Transportation Law Enforcement Corrections Fire EMS Park and Recreation Schools Storm Water Management Water and Sewer Total County * City t Fee Amount Fee Amount $12,380.00 $ 6,815.00 $ 9,295.00 $ 6,815.00 $ 9,295.00 $ 6,815.00 tt $12,895.00 $12,895.00 $ 6,195.00 $ 6,815.00 $12,895.00 $75,850.00 $27,260.00 * - County Fee is Total Amount Not by Individual Service Fee Cost * - City Fee is Total Amount Not by Individual Service Fee Cost ** - Included in Law Enforcement tt - Included in Fire If , r Okeechobee City/County Impact Fee Study Project Schedule Tech Memo # 1 1.0 Data Collection and Analysis Toch Memo # 2 2.0 Policy Analysis Tech Memo # 3 3.0 Methodology Development Tech Memo # 4 4.0 Implementation and Administration Process Draft FinaFReport 5.0 Final Report 6.0 Study Requirements and Provisions of Work ?IC - Public Meeting / Hearing CitylCounty Staff Meeting Final Report � 5ubm(ssipn Documents • • Walter H. Keller, Inc. En Consulting Engineers &Planners LAIIM Coral Springs • Sewall's Point • 6 EXHIBIT 10 DECEMBER 7, 2004 Items for Consideration in Administrator's Contract Modification December 2004 The following are proposed changes to the previous contract: 1. $5,000 increase in the base pay for the position. Administrator would remain in the step pay plan with all other (The current base pay is $58,102.06.I am at step 3, which pays $59,fffloyees. 19.) 2. Dismissal for any reason would require a 4-1 vote of the City Council. The current contract calls for a 4-1 vote without cause, 3-2 with cause.) 3. Administrator would receive six month's salary plus the balance of any accrued vacation leave as severance pay in the event of dismissal. (The current contract allows for 4 months severance.) 4. Should the Administrator resign and give written 30 day notice, he will receive paid benefits in the same manner as any employee leaving in good standing with proper notice. Any new agreement involving an increase in pay is retroactive to October 1, 2004, the point at which the previous contract expired. December 7, 2004 Administrator Veach Council Members As you are aware, Radio Communication was destroyed during the past Hurricanes. The long standing tower was destroyed by Frances as well as the temporary tower by Jeanne. We are currently using the police department's communication frequency. OBJECTIVE Reestablish Adequate Radio Communications to the Fire Department and Dispatch. SCOPE OF SERVICES Phase I Prepare ground for 100 foot self supporting tower. This can be accomplished by the City street department. Donnie Robertson prepared the ground for the Police Dept's radio tower which faired well during the hurricanes. We will be utilizing the ground area where the water tower was located previously. The engineer from the proposing tower company shall supply plans to form the foundation for the new tower. Mr. Hilliard (operations manager of S&S Towers) stated he felt Donnie Robertson would have no problem preparing the foundation. By the council allowing Donnie to prepare the ground, the cost factor can be kept down. During this phase, a small closet shall be built in our existing training tower to house the repeater which is located presently in the fire department. By doing so, it would be cost effective, opposed to building or buying a small structure to house the repeater outside near the new tower. Phase H Erecting New Tower and making all necessary connections in regards to existing antennae, repeater, and wiring. [Recipient Name] December 7, 2004 Page 2 S & S Towers 719 Highway 98 North Okeechobee, Florida 34972 PROPOSAL DATE: 07DEC04 To: Administrator Veach City Council Cost of New Steel Self Supporting 100 foot Tower: 100 foot Steel Tower inc Engineered Drawings and Template inc Installation of Tower (Antennae and lines, lighting rod, and grounding. inc OSHA safety climb system for two people and necessary hardware. inc SUB TOTAL 24,170.00 Foundation and Connection Cost: Concrete: Concrete: 3,000 R- Bar 600 Small Closet For Repeater 200 Utility Equipment (telephone line, electrical, etc.) 800 Labor ( Donnie Robertson) n/a Technician Fee for Communication Hook up to repeater 600 Subtotal: 5,200 Total Cost of Project: 29,370 r i STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH NOV 2 2004 THADDEUS L. COHEN, AIA Governor Secretary The Honorable James E. Kirk Mayor, City of Okeechobee 55 South East Third Avenue Okeechobee, Florida 34974-2932 Re: Monitoring Report - City of Okeechobee CDBG Contract Number: 04DB-1Q-07-57-02-001 Dear Mayor Kirk: On November 4, 2004, I monitored this CDBG project. This letter, which contains no "findings" or "concerns," is a summary of that visit. Monitoring is based on a sample of activities according to applicable statutory and regulatory objectives and rules. The following areas were monitored: • Activity Eligibility • Audit Review • Commercial Rehabilitation • Fair Housing Requirements • Financial Management II -- Transaction Testing • Labor Standards • Program Administration • Procurement The following is a summary of the areas monitored during this visit and the results of that monitoring: Activitv Eligibility and National Obiective All activities being undertaken as a part of this grant were reviewed for eligibility during the application process. At that time, it was documented that the activities meet the eligibility and national objective requirements of the state program rule and 24 CFR 570. This review included documentation that each activity meets the national objective of benefit principally to low and moderate income persons, with least 51% of the beneficiaries having low and moderate income. The activities are consistent with the approved activities identified in the application and award agreement, as may have been amended. Further, based on review of construction plans and specifications (except housing), any change orders, and onsite monitoring, it does not appear that any CDBG funded activities 2555 SHUMARD OAK BOULEVARD •TALLAHASSEE, FLORIDA 32399-2100 Phone (850) 488-8466/Suncom 278-8466 FAX (850) 921-0781/Suncom 291-0781 Internet address http //www dca state N us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway Suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, FL 33050-2227 Tallahassee FL 32399-2100 Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (305)289-2402 (850)488-2356 (850)413-9969 (850)488-7956 • 0 The Honorable James E. Kirk Page Two have been undertaken beyond the extent and scope provided in the award agreement. There are no findings or concerns. Audit Review A Single Audit under OMB Circular A-133 must be performed and submitted to us for any year during the grant when the total of all federal funds received during your fiscal year is at least $300,000. This audit is due by April 30 of each year for audits of the prior fiscal year. The audit for FY 2003 was submitted, reviewed and there are no issues. Commercial Rehabilitation Commercial Revitalization activities have been selected to provide benefit to the entire service area(s) described in the application and will therefore meet the national objective of benefit primarily to members of low and moderate income households. In addition, monitoring of the public and private leverage pledged to the project was conducted. There are no findings or concerns. Environmental Review (Release of Funds) As required by 24 C.F.R., Section 58.5, CDBG recipients must conduct an environmental review of project activities to determine whether there will be any significant environmental impact from the project. Under a special grant condition, no more than $5,000 in CDBG funds may be expended prior to the Department's environmental release of funds following completion of the environmental review and notification to the public of the review results, including an opportunity to comment on the project. The environmental review was completed and the Department approved it on October 31, 2003, releasing the project funds. A review of project expenditures was made to determine whether more than $5,000 was expended prior to the Department's release of funds. There are no findings or concerns. Fair Housing Reauirements A grant special condition requires the local government to conduct an annual Fair Housing activity. The City met its requirement for 2004 by publishing a comprehensive notice concerning Fair Housing and its applicability in the City. This was published on April 6, 2004. • u The Honorable James E. Kirk Page Three Financial Management II - Transaction Testinq A sample of Requests for Funds (RFF) was reviewed to ensure proper documentation and recording was maintained. If the recipient charged staff costs for administration or construction, documentation for these costs was reviewed. RFF's # 2 and 3, involving the following checks, were reviewed: 1) Check #1086 2) Check #1094 3) Check #1088 Nancy Phillips & Assoc. Sunshine Land Design Sunshine Land Design $1,229.00 $135,401.40 $15,690.96 The review indicates that the local government is properly documenting and accounting for CDBG funds requested, paying costs due to contractors in accordance with contract terms, and requesting only eligible project costs. It was noted that RFF #3 has been submitted for some $245,426.40 and is now in process. There are no findings or concerns. Program Administration This review focuses on whether the local government has developed a project management system which complies with program requirements. The filing system, including record retention, was reviewed and project progress was compared to work plans. If non-CDBG funds (leverage) were pledged to the project, the amount expended to date was reviewed. If any program income was generated, its disposition (generally, return to the Department) was reviewed. If any citizen complaints were received, they were reviewed for whether the local government handled them in accordance with its adopted citizen participation plan. The City is making good progress on implementing the construction phase of the entire project. The City is commended for their foresight in bidding out the initial "unfunded" CDBG activities as bid alternates, since the grant was originally only partially funded. Now that the grant is fully funded, work is progressing on all phases of the project. It appears the grant work will be completed within the time frame of the CDBG contract. There are no findings or concerns. Procurement CDBG-funded contracts must comply with certain federal and state procurement regulations and laws. The principal federal procurement regulation is contained in 24 CFR 85.36. Procurement of certain professional services is also subject to 287.055, Florida Statutes, (also known as the Consultants Competitive Negotiation Act, or CCNA). Procurement of any CDBG-funded professional services contracts was previously reviewed. The selection of Sunshine Land Design, inc., for project construction was reviewed. There are no findings or concerns. 0 • The Honorable James E. Kirk Page Four Labor Standards The Davis -Bacon Act and certain other acts require federal grant recipients to monitor construction contractors and subcontractors for compliance with certain labor standard requirements regarding minimum hourly rates, overtime payment fringe benefits, and payroll deductions. This review consisted of monitoring and project files to determine whether: 9 payrolls * the proper wage decision is included in each contract; * any additional job classification requests, if needed, were submitted; * payrolls are being obtained and reviewed; * employee interviews are being conducted; and * any problems which may arise are resolved in a timely manner. There are no findings or concerns. If a response to this report is required, please send it to: Mark A. Nixon Bureau of Community Development Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 I appreciate the helpful and cooperative attitude of everyone who provided assistance during the visit. During future monitoring trips, I will monitor the following areas: At this time, no future monitoring visit is planned for this grant. If you have any questions or require additional information, please call me at (850) 922-1895. Sincerely, Mark Nixon Financial Specialist MAN/man cc: Bill Veach, City Manager Nancy Phillips 0 • CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: November 29, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT ADMINISTRATION AND GENERAL SERVICES 'N At "SYNOPSIS Hurricane Related Issues — Post hurricane cleanup continues and will for several weeks. Staff is working closely with the CAS group in identifying damages and submitting proper forms necessary for FEMA reimbursement. A new roof has been installed on the City Hall garage. The roof at City Hall is being installed. Mold inspections are being scheduled for the City Barn and City Hall. The results of this study could be particularly significant as the 50% rule on damage may dictate the course of action on City Barn repairs. Industrial Park — Construction has resumed in the industrial park. Vertical construction has begun on the Meyers facility. We have requested an 8-week time extension from EDA, as a result of storm caused delays. Costs for the extension of the road and sewer on to Douglas Park are higher than originally projected. Gene Schriner will address this at the December 7 h City Council meeting. The bridgework is nearly completed, right on schedule. Finally, I have been in preliminary discussion with a potential developer for the remainder ofthe Commerce Center. These discussions are in the very early stages, however, they do show potential. Downtown Streetscape Project — The first phase of work in the downtown parks has been completed with the exception of a few minor follow-up punch list items. Phase Two should begin following the holidays, with completion before the Speckled Perch Festival. Nancy Phillips and Oscar Bermudez are finalizing the designs for storefront modification. Nancy will be discussing the design proposals with the participants, staff and the City Council (December 7 h meeting) before final approval is requested from the State Locating available contractors for this portion of the project may be difficult in light of recent storm damage demands. DEPARTMENT SYNOPSIS y ADMINISTRATION Impact Fees — We have received one proposal as a result of the RFP for an Impact Fee AND GENERAL Consultant. If the City were to select all four areas (transportation, law enforcement, SERVICES fire and storm water management) for a study, the cost would be $27,260.00 ($6,815.00 CONTINUED per item). The County Commission discussed this briefly at their November 4!' meeting. They are awaiting the results of the City Council's discussion, which will be on December 7`h. At this time, it appears as though a joint meeting might be appropriate. OUA — Frank Irby has requested to be appointed as the City's alternate on the OUA Board. Florida Power and Light — Attorney Cook and I met with representatives of FPL to discuss their Franchise Agreement, which will expire next year. We will be working together to develop a new contract, which should come before the City Council early next year. PUBLIC WORKS Public Works has begun installing Christmas decorations in addition to their regularly scheduled work. They continue to deal with the periphery of hurricane cleanup. CODE Attorney Cook is preparing the documents related to foreclosure on the Brantley ENFORCEMENT property. He is also including a nuisance abatement element to the proceedings, which should enable the City to deal with the ongoing and growing problem while the foreclosure is being pursued. The Code Board has approved this approach. FINANCE Kim Barnes has joined the Finance Department as Lydia Williams' replacement. You may recall, she has worked for about a year as a shared employee in General Services and the Clerk's office. Lola seems pleased with her progress thus far. Due to FEMA related responsibilities, Lola has fallen behind with the closeout of September and October. This should be completed this week. The audit is scheduled to begin early in December. POLICE Chief Davis reports that morale is high. DEPARTMENT Final preparations are underway related to the sale of this year's cars and the arrival of the new fleet. 2 DEPARTMENT SYNOPSIS FIRE Every effort is being given to replacement of the destroyed tower and solidifying the DEPARTMENT department's communication abilities. It is planned that the old tower will be replaced by a freestanding (no supporting tension wires) tower. Herb Smith seems to be adjusting very well to the role of Chief. CITY ATTORNEY GRIT — John Cook has recently unsuccessfully attempted to initiate contact with potential re -insurance providers. He has notified GRIT's attorney that there has been no response from the re -insurance contact they provided. As part of the terms of the settlement with GRIT, they must provide us with viable re -insurance contact information. The following are additional items I have asked Attorney Cook to address. 1. Advise on Sneider lawsuit 2. Schedule Raulerson hearing 3. Move forward with Brantley foreclosure and related lawsuit 4. Review FPL contract for follow up meeting (end of September) 5. Research annexation issues 6. Adelphia Contract 7. Advise on annexation conclave issue in Blue Heron 8. Revise LDR sidewalk requirement 9. Advise on legal issues related to drainage problem at the Oaks 10. Hamrick Trust — John is in discussion with the County Attorney on this matter 11. LDR issues, such as conversion of former residential structures to commercial 12. Various LDR issues, including the commencement of site -work and sidewalk, curb and guttering issues. K7 0 0 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763-3134 Published Daily STATE OF FLORIDA COUNT7i'OFOKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who ors 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- ment, being a in the matter of A i . Vub(t& `f6iqt-14& in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further sa. s that site has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper Sworn t and subscribed�i�re me this I;:;, - PUBLIC NUIICE CONSIDERATION OF ADOPTING A CITY ORDINANCE ,PLEASE TAKE NOTICE that the City Council of the City of 'Okeechobee, Florida will on Tuesday, December 7, 2004 at 6:00 p.m. or as soon thereafter possible, at C Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and thereafter consider final reading of the following Ordinance into law: NO. 876: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY RE- ZONING A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN, FROM RESIDENTIAL MUL- TIPLE FAMILY (RMF) ZONING DISTRICT TO LIGHT COMMERCIAL fCLT) ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. The purpose of the Ordinance is to consider the rezoning of Lots 3 and 4 of Block 21, South Okeechobee Subdivi- sion, as presented by the applicant, Ted Kelchner, Vice President of K Builders, Inc. The property is located at 1306 Southwest 2nd Avenue, Okeechobee, Florida. All members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may be inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business 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 Disability Act (ADA) and Florida Statutes 286.26, persons with disabil- ities needing special accommodation to participate in this proceeding should contact Lane Gamiotea no later then two (2) working days prior to the proceeding at 863-763-33 2 x215; if hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 FL ne Gamiotea, CMC, CITY CLERK 536793 ON 11/24/04 P� day of � l ; (i v1 Karmen R. Brown Notary Public, State of Florida at Large Commission #DD27211 S ._ ;n•o; Expires: Jan 17, 2008 Bonded Thru "' Atlantic Bonding Cc Inc IMES, Thursday, December 2, 2004 Pit 'p Ell Ir! .. �. a,x++3�. • FTa. tik+e�+m OF APPLICATION FOR TAX DEED JTICE IS HEREBY GIVEN, that i WIDOFF the hukkr of the follow- icate, has filed said certificate for a to he issued thereon. The certificate ind year of issuance, the description uperty, and the names in which it :sed Are as follows: to No. 2777 Year of Issuance 2002 escripnon of Property- 1.05-37-35. 10-0320 )OD UNIT 5 LOT 32 BLOCK 51 am in which assessed ALMA L T; LARRY LEE WRIGHT aid property being in the County XHOBEE, State of Florida niess such anifrcate shall be redeemed to law the property described in such e shall be sold to the highest bidder. shall be held in the Okeechobee County tie, County Commission Chambers, lo- 304 N.W 2nd Street, Room 103, bee. Florida, on December 21, 2004 A.m ds Soh day of November, 2004. •e: Mistrials Antaa :erk N ROBERTSON Circuit Court bee County, Florida ;H DATES: 11/11/2004; 11/18/2004; 04; 1210120114 .erhebee IBM M i OF APPLICATTON FOR TAX DEED :A E NIlMRFR NOTICE IS HEREBY GIVEN, that IN WIDOFF the holder of the follow• ificate, has filed said certificate for A 1 to be Issued thereon. The certificate and Year of issuance, the description property, and the names in which it Mwd we as follows: ate No. 2811 Year of Issuance 2002 tsn of Property: 1-05-37.35. 20 /OOD UNIT S LOT 42 BLOCK 59 Vanne in which assessed ALMA L HT; LARRY LEE WRIGHT Said property being in the County 3ECHOBEE, State of Florida. Unless such certirate shoji he,eoeemed 19 to law the property described in such ore shall be sold to the highest bidder. : shall be held in the Okeechobee County I-, County Commission Chambers, lo- it 304 N.W 2nd Street, Room 103, obee, Florida, on December 21, 2OD4 )am Ode Sib day or November, 2004. are: Martell A. Clerk DN ROBERTSON f Circuit Court eobee County. Florida ISM DATES: 1llI1/2qM; 11/18/mu; :004; 12102/IOpq Cell hobee TIMES was Assessed are As follows: Certificate No. 2705 Year of issuance 2002 Descnption of Property. 1.05.37-35- 0020.00160-0170 BASSWOOD UNIT 2 LOT 17 BLOCK 16 Name in which assessed EDUARDO RAMOS; ELECTRA EASON Said property being in the County of OKEECHOBEE, State of Florida, Unless such certificate droll be redeemed According to law the property described in such certffncate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, lo- cared at 304 N.W 2nd Street, Room 103, Okeechobee, Florida, on December 28, 2004 at 11:00 am Dated this 12th day of November, 2004. Signature: Mariah Anita Deputy Clerk SHARONROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 1111W2004; IV25/2004; 12102/2004;12g9/2004 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DEED CASE NUMBER 20114 TD.182 NOTICE IS HEREBY GIVEN, that GERSON WIDOFF the holder of the follow- ing certificate, has filed said cenificate for a in deed to be issued thereon, The certificate number And year of issuance, the description of the property, and the names in which it was assessed arc As follows: Certificate No. 2688 Year or Issuance 2002 Description of Property: 1.05.37-35- 0010-00110.0040 BASSWOOD UNIT 1 LOT 4 BLOCK 11 Name in which assessed RAYMOND NAVEJAR Said property being in the County of OKEECHOBEE, State of Florida. Unless such rerifcae shoji be redeemed according to law the property described in such cenificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee Canty Courthouse, County Commission Chambers, In. Gated at 304 N.W 2nd Street, Room 103, Okeechobee, Florida, on December 28. 2004 at 11,00 am. Dated this 12ib day of November, 2004. Signature: Mariah Ammer Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 11/1&2004;11252004; 12/022004;12/002084 The Okeechobee TAMES NOTICE OF APPLICATION FOR TAX DEED NOTICE IS HEREBY GIVEN, that GERSON WIDOFF the hokkr of the follow- ing certificate, has filed said vertirwate for a tax deal o be issued thereon. The certificate number and yew of issuance, the description of the property, And the names in which it, Unless such certificate shall be redeemed according to law the property described in such certificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, lo- cated at 304 N.W 2nd Street, Room 103, Okeechobee, Florida, on December 28, 2004 at 11:00 ant. Dated this 12th day or November, 2004. Signature: Mariah Aimee Deputy Clerk SHARON ROSER73ON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 11/18/2004;11,14V2004; 1=2(lft 12092084 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DEED CASE NUMBER 004-TD-111. NOTICE IS HEREBY GIVEN, that THOMAS J FITZSIMMONS the holder of the following cer ifrcae, has tiled said certifi- cate for a tax deed to he issued thereon- The certificate number and year of issuance, the description of the property, and the names in Which it was a-ssessed are as follows: Certificate No. 119 Year of Issuance 2001 Description of Property: 1.10.34.33. OAOO-00022.1000 EI/2 OF EI2 OF N1/2 OF Sl/2 OF TRACT 2210 34S 33E 115 ACRES Name in which assessed RAYMOND If HAIRPIN Said property being in the County of OKEECHOBEE, State of Florida. Unless such certificate shall he redeemed according In law the property described in such cMificate shall be sold to the highest bidder. The sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, lo- oted at 304 N.W 2nd Street, Room 103, Okeechobee, Florida, on December 21, 2004 in 11:00 am Dated this Sth day of November, 20" Signature: Mariah Anna Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: IV112004; 1111MI 4; IICStlllil IIA22o04 The Okeechobee TIMES NOTICE OF APPLICATION FOR TAX DIED NOTICE IS HEREBY GIVEN, that OKEECHOBEE COUNTY the holder of the following certificate. has filed said mnifiarc for a to deed to be issued thereon, The cer- tificate number and year of issuance, the de. erly scription of the prop, And the names in which it was assessed are as follows: Certificate No. 1615 Year of Issuance 1998 Description of Property: 1.29.34-33. 0A0000006"J000 W12 OF EU7 OF NUI OF Slit OF TRACT 06 29 34S 33E 1.2S ACRES Name in which assessed NEITCHEV ZAHARI The sale shall be held in the Okeechobee County Courthouse, County Commission Chambers, lo- cated at 304 N.W 2nd Street, Room 103, Okeechobee, Florida, on January 04, 20D5 at 11:00 a.m. Dated this 19th clay of November, 2004. Signature: Marish Annex Deputy Clerk SHARON ROBERTSON Clerk of Circuit Court Okeechobee County, Florida PUBLISH DATES: 11/25/2004; 12io220o4; 12)092004;12tIfirI 4 The Okeechobee TIMES IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 2004 CA 280 TIMOTHY WEISSENBERGER, Plaintiff, COUNCIL ROAD BAPTIST CHURCH, As to Parcel 'A", H.C. FRANCIS As to Parcel "B", And MICHAEL 1. WALSH, as to Parcel 'C". Defendants. TO: H.C. Francis 415 Scott Court Prestonburg, KY 41653-1013 YOU ARE NOTIFIED that an Action to quiet title on the following described prop- erty in Okeechobee County, Florida, to -wit: The East 12 of the West 12 of the South 1/2 of the South 12 of Tmct 31, Section 26, in Township 34 South, Range 33 East, containing approximately 1.25 acres according to the plat thereof recorded in Plat Book 4, Pages 3A-D, inclusive of the Public Records of Okeechobee County, Florida; subject to an easement of the South 40 feet thereof for mad and drainage purposes, hereinafter referred to its Parcel "B", PIN 1-26.34.33-OAOD-011031-N000 has been fled against you and you are re- quired to serve a copy of your written de- fenses, if any, to it on COLIN M. CAMERON, Attorney at Law, 200 N.E. 4th Avenue, Okeechobee, FL 34972 and file the original with the Clerk of the above styled Court on or before December 20, 20D4 otherwise a judg- ment may be entered against you for the re- lief demanded in the Complaint. WITNESS my hand and the seal of said Court on November 15, 2004. SHARON ROBERTSON Clerk of Circuit Court By:h/DEBBIE GOODRICH Deputy Clerk PUBLISH 1111 2004; 1 b252004; 12N220D4; 001/20D4 OKEECHOBEE TIMES .-..--••-..--•-•---•---••--•--•-•-- ---------------- IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR IN THE CIRCUIT COURT OF THE 19th JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY, FLORIDA CASE NO. 2003 DR 238 ANGELA LYNN CARSON Petitioner, TERRY LYNN CARSON. Respondent. relief demanded in the complaint or petition. Aluminum wheel chair DATED: November 19, 20D4 SHARON ROBERTSON, Clerk of the Court By /S/DEBBIE GOODRICH V25/2064;12/022004; BEE TAMES COUNCIL MEETING NOTICE lightweight, easy to carry, $e 080.357-7954 Baby Trend portable plaype navy plaid, $25. Evenflo Mec Saver, $10. 7634598 NOTICE IS HEREBY GIVEN that the 'SST BUY IN UNIFORM CHILD CUSTODY/City of Okeechobee City Council will meet inJURISDICTION ACT (UCCJA) AFFIDegular Session on Tuesday, December 7, OKEECHOBEE, COMES NOW, Petitioner. ANGELA YNN M' 6.00pm or tit soon thereafter As pos- YOUR Bible, immediately following the Around Holi• CARSON, and files her Affidavit as follows: day Lighting Ceremony, City Halt, 55 SE 3rd OKEECHOBEE TIMES 1. The name and present Address of each child Ave., Rat 200, Okeechobee, Florida The pub- only $18 a for a (under 18) in this case is: lic is invited nod encouraged 10 Attend. For a full year subseriptionl Carson Remington Alan Carscopy of the agenda contact City Administm- 822 SE 36th Terrace tnon at (863) TAKE x 212. AND BE Call 763-7283. Okeechobee, Florida 34974 ADVISED that if any person desires to ap- t. The places where the child has lived within peal my decision made by the City Council the past free years arc: with respect to any matter considered at this Bicycle 3 wheels $75 863-4, (a) 822 Southeast 36th Terrace meeting, such interested person will need a 4063 Okeechobee, Flonda 34974 record of the proceedings, and for such pur- (b) 1244 North Haverhill Road, Apt. 5 pose may need to ensure a verbatim record West Palm Beach, Florida 33417 of the proceedings is made, which record in- Bird book collection. Free. 7 eludes the testimony and evidence upon which 3. The names And present addresses of people the appeal is to be based. Tapes ane used for 4644 with whom the child has lived within the past the sole purpose of back-up for the Clerk's five years Are: Office. (a) Angela Lynn Carson In accordance with the Americans with Blue Lazy Boy, $8 hue C 822 Southeast 36th Terrace Disabilities Act (ADA) and Florida Statute pet, 6'x9', like nelW. 7 Okeechobee, Florida 34974 286.26, persons with disabilities needing spe- cial accommodation to participate in this pro- 6764 (b) Michael Van Howe ceeding should contact Lane Gamiotea, no 822 Southeast 36th Tertac-e later than two (2) working days prior to the Okeechobee, Florida 34974 proceeding at 863-763.3372 x 214; if you are C ilds white bedroom set. HE 4. 1 do not know of, and have not pani red ho°f1°g °r voice impaired, call TDD I-B00" add/Bookshelf W/dfaW@fS (m a party, witness, or in any other c ) 222-3448 (voice) or 1-888.447-5620 (TYY). in, my other court decision, orkr, or LANE GAMIOTEA, CMC, City Clark vdse. Matching dresser, $1 PUBLISH 12A2/2004 deeding (including divorce, separate mvnt Blue comfortable Lazy Boy, 9 ounce, child neglect, depemlency, or guard_ KEECHOBEETIMES 2 upholstered rocking Chair; ilaship) concerning the custody or visitation ..... ----' •' _ of the child in this state or in any other sate. �apavwooden arms, $25. Blue cot 5. 1 do not have information of any pending proceeding (including divorce, separate rrnain- renance, child neglect, dependency, or guard- ianship) concerning the custody or visitation of the child in this state or in any other sate. 6. 1 Acknowledge a continuing duty to advise this court of any custody or visitation pro- ceedings (including dissolution of marriage, separate maintenance, child neglect, or de- pendency) concerning the child in this state or in any other state About which information is obtained during this proceeding. I AM AWARE THAT ANY MATERIALLY FALSE STATEMENT KNOWINGLY MADE WITH THE INTENT TO DEFRAUD OR MISLEAD SHALL SUBJECT ME TO THE PENALTY OR PERJURY AND MAY BE CONSIDERED A FRAUD UPON THE COURT. Dmal: March 19th, 2003 n eat nerve nc rr. tie av 11 omen. tTo Btiy $50. Coffee & 2 end tables, t ��Portable basketball hoop. G condition, $50. 357-3144 i am' ___ China cabinet, 72"Hx28"w, li 8" Enclosed trailer (used). 815- led, 4 etched glass doors, 3 g 978-4696 shelves, $100. Magazine r maple, $10. 863-357.2247 Hide a bed winner spring mat- tress. King or Queen size. Large baseboard w/electric heater. Re- frigerator 25W x 65H Couch $100/0B0 Must 467-9021 golf cart battle Country blue sofa & mate Wanted 36 volt 9 battery chair, no mold Good cord chargers, working or not, rea- $100. 467-1110 cnnahlo nall7a'A-R7.