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2009-05-05MIR II. OPENING CEREMONIES: Invocation to be given by Pastor Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 7, 2009 City Council Regular Meeting. Keguiar t;iry t;ouncn meeung to oruer at omu p.m. IInvocation was offered by Pastor Mershimer of the Okeechobee Presbyterian Church; The Pledge of Allegiance was led by Mayor Pro-Tem Watford. City Clerk Gamiotea called the roll: Absent Present Present Present Present Present Present Absent Present Absent (Assistant Chief Douglas was in attendance) Present Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April 21, 2009 City Council Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 MAY 5, 2009 - REGuLAR MEETING - PAGE 2 OF 8 293 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda? New Business Item H was added. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. A. 1. a) Public discussion and comments on a motion to adopt proposed Mayor Pro-Tem Watford opened the floor for discussion and comments on a motion to adopt proposed Ordinance No. Ordinance No.1044 regarding local vendor preference, deferred 1044 regarding local vendor preference, deferred from the April 21, 2009 meeting. from the April 21, 2009 meeting - City Attorney (Exhibh 1). Administrator Whitehall offered the following amendments as requested by the Council: Section 1, add definition: Regional business means any person, firm, partnership, company or corporation which is duly licensedand authorized to engage in the particular business for which a proposal is submitted, and whose principal place of business in the sole opinion of the City, is not located in the City of the County of Okeechobee, but is located within one of the counties of Indian River, St. Lucie, and Martin, Florida. Section 2, add: (4) (c) a local vendor preference shall be afforded to a Regional Business, as described in Section 1, --------------------------------------------------------------------------- above, (i.e. sealed bids) shall clearly identity how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local, non -regional business submits the lowest price bid, and the bid submitted by one or more qualified and responsive regional business is within 5 percent of the price submitted by the non -local business, then the regional business with the apparent lowest bid offer shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest qualified and responsive non -local, non -regional bidder. In such instances, staff shall first verify if all bidders are in fact qualified and responsive bidders. If the lowest regional bidder meets the requirements of 287.087, F.S. the City Administrator, or his designee, shall invite the lowest regional bidder in writing to submit a matching offer, which shall be submitted in writing to the City Administrator's Office within five business days thereafter. If the lowest regional bidder submits a written offer that does not fully match the lowest bid from the lowest non -local, non -regional bid tendered previously, that regional bid shall be removed from consideration and the next lowest fully qualified regional bidder will be given the opportunity to match said bid if they are within 5 percent. This cycle shall be repeated until there are no remaining regional business bids. If the lowest regional bidder declines or is unable to match the lowest non -local, non -regional bid price(s), then the award will eventually be made to the lowest overall qualified and responsive bidder. If the lowest regional bidder does not meet the requirement of Section 287.087, F.S., and the lowest non -local, non -regional bidder does, the lowest regional bidder will be disqualified and the next lowest regional bidder will be considered if they are within 5 percent. In the event a regional bidder is awarded a contract pursuant to this section, all requests for change orders increasing the costs of the project must be approved by the City Council MAE MAY 5, 2009 - REGULAR MEETING - PAGE 3 OF 8 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Public discussion and comments on a motion to adopt proposed Ordinance No.1044 regarding local vendor preference, deferred from the April 21, 2009 meeting continued. b) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. I Council discussed the amendment along with changing the 3 percent vendor preference for qualified county businesses to 5 percent, the same as city businesses. Council Member Markham moved to amend proposed Ordinance No.1044 to add the language above, as well as add Glades County to the list of counties in the Regional business definition and amend Section 2-290 (1) and (, (b) from 3 to 5 percent: seconded by Council Member O'Connor. VOTE ON MOTION TO AMEND KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. Mayor Pro-Tem asked whether there were any questions or comments from the public? There were none. VOTE ON MOTION AS AMENDED KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:10 P.M. MOTION CARRIED AS AMENDED. A.1. a) Motion to read by title only and set May 19, 2009 as a final pubic Council Member O'Connor moved to read by title only, and set May 19, 2009 as a final pubic hearing date for hearing date for proposed Ordinance No.1045 regarding rezoning proposed Ordinance No.1045 regarding rezoning Petition No. 09-002-R, changing zoning designation from Holding Petition No. 09-002-R, changing zoning designation from Holding (H) to Residential; seconded by Council Member Williams. (H) to Residential Single Family -One (RSF-1) for property located at 901 SW 6" Street - City attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MARKHAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Lf MAY 5, 2009 - REGULAR MEETING - PAGE 4 of 8 295 VII. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No.1045 by title only. Attorney Cook read proposed Ordinance No.1045 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 HOLDING (H) TO RESIDENTIAL SINGLE FAMILY -ONE (RSFL1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB►LITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Member Markham moved to approve the first reading of proposed Ordinance No.1045; seconded by Council 1045. Member Williams. This ordinance pertains to Rezoning Petition No. 09-002-R submitted y Kevin McGinley on behalf of the property owners, Bishop Gerald M. Barbarito, Scared Heart Catholic Church. The petition is requesting to rezone approximately 12 acres of unplatted land located at 901 Southwest 6°i Street, from Holding to RSF-1. The proposed use of the property is to build a house of worship. The amendment would allow the zoning map to be consistent with the Future Land Use Map. applied for is specifically authorized under the zoning district in the LDR's. However, the excess height will require approval of special exception in addition to complete Site Plan review and approval by the TRC. (3) That the petition will not have an adverse effect on the public interest. (4) The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, is not contrary or detrimental to urbanizing land use patterns. (5) The proposed use will not adversely affect property values or living conditions, not be detrimental to the improvement or development of adjacent property. (6) That it can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would over burden pubic facilities such as schools, streets and utility services. However, the specifics of the demand for public facilities, services, and traffic impacts will be considered during the site plan review. (8) In regards to, not creating traffic congestion, flooding or drainage problems, or otherwise affect public safety, Planning Staff denoted that they agree to the degree that it deals with the rezoning to RSF-1. The effects of the specific use and its specific development characteristics, and any conditions that may be needed to minimize their effects will be assessed during the special exception and site plan review stages. (9) The proposed use has not been inordinately burdened by unnecessary restrictions. Based on the findings, and more specifically addressed in their Planning Staff Report, copied in Exhibit Two, Planning Staff has recommended approval. The Planning Board reviewed the petition at their April 16, 2009 meeting and unanimously voted to recommend approval. 296 MAY 5, 2009 - REGULAR MEETING - PAGE 5 OF 8 VII. NEW BUSINESS CONTINUED. A. 2. c) Vote on motion. B. Motion to adopt proposed Resolution No. 09-08 regarding Code Enforcement Citation Procedures - Chief Smith, Code Enforcement Official (Exhibit 3). C. Motion to approve a Mutual Aid Agreement between Okeechobee County Fire Rescue and City of Okeechobee Fire Department - Chief Smith (Exhibit 4). VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Williams moved to adopt proposed Resolution No. 09-08 regarding Code Enforcement Citation Procedures; seconded by Council Member O'Connor. Attorney Cook read proposed Resolution No. 09-08 title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO. 01-15 IN ITS ENTIRETY; ESTABLISHING A STANDARD FORM OF CITATION REGARDING CODE ENFORCEMENT VIOLATIONS; ESTABLISHING DESIGNATION OFENFORCEMENT OFFICERS; DESIGNATING SPECIFIC VIOLA TIONSAND A SCHEDULE OF PENALTIES REGARDING THE CITATION PROCEDURE; PROVIDING FOR THE CITATION PROCEDURES AND FEE SCHEDULE TO BE INCLUDED IN THE CODE OF ORDINANCES AS APPENDIX G; PROVIDING AN EFFECTIVE DATE." There was a brief discussion on this item. Code Officer Sterling was present to respond to questions by the Council. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to approve a Mutual Aid Agreement between Okeechobee County Fire Rescue and item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to approve a Mutual Aid Agreement between Okeechobee County Sheriffs Office and Okeechobee Police Department; seconded by Council Member Williams. This agreement allows the continuation to apply for the Drug Task Force Grant. MAY 5, 2009 - REGULAR MEETING - PAGE 6 OF 8 297 VII. NEW BUSINESS CONTINUED. D. Motion to approve a Mutual Aid Agreement between Okeechobee VOTE County Sheriff's Office and Okeechobee Police Department KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Consider a Temporary Street Closing Application submitted by the Council Member Markham moved to approve a Temporary Street Closing Application submitted by the American Red American Red Cross for June 6, 2009 from 9:00 a.m. - 6:00 p.m., Cross for June 6, 2009 from 9:00 a.m. to 6:00 p.m., Southwest 4' and 5' Avenues between North and South Park Southwest 4' Avenue between North and South Park Streets - City Streets; seconded by Council Member Williams. There was a brief discussion on this matter. Clerk (Exhibit 6). KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. F. Consider a Temporary Street Closing Application submitted. by First Council Member Markham moved to approve a Temporary Street Closing Application submitted by First BaptistChurch Baptist Church for Julv 13 -17. 2009 frnm 430 n m - 9-no n m I fnr_hdv 13 thmi inh 17 )nno Fr,%r,, A•,2n . — n.nn ., ... .4—a.. a_ r...a_ L.=— _I_.__ e+___LL -__._ _..,rn .,&__ _. ,.en . _ _ 7) off Southwest 5" Avenue; seconded by Council Member Williams. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discuss summer meeting schedule - City Administrator (Exhibit 8). Council Member Markham moved to approve the summer meeting schedule as presented in Exhibit 8; seconded by Council Member Williams. The following meetings will be held: June 2, July 21, and August 18. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAY 5, 2009 - REGULAR MEETING - PAGE 7 OF 8 VII. NEW BUSINESS CONTINUED. H. Hear from citizens regarding a Temporary Use Permit No. 09-005 Temporary Use Permit No. 09-005 was issued to Jesus Luna for a Family Party and Children's Festival for May 3, issued for a Family Party and Children's Festival to Jesus Luna - 2009, from 3:00 to 7:00 p.m. to be held on the vacant and adjacent property North of 625 Northeast Park Street. The (Exhibit 9). event was free to the community and had clown shows, magicians, live music bands, kids bounce houses, with free balloons and toys for the kids. The City Police Department and City Administrator received numerous complaints on the event. Mr. Kay Brewer of 201 Northeast 81' Avenue, who requested the matter be brought before the City Council, addressed the board stating his complaint of the event getting out of hand, the noise level was above a public nuisance, the number of people in attendance and the lack of parking. Noting further that when he called the Police Department he was told that he could not register an official complaint as they had the appropriate permit for the event. However, he learned that he could make an official complaint and has. It bothered him that this was supposed to be a festival for children, but there were about 10 adults to every child. He was bothered that this was on a Sunday, from 3 to 7 p.m. they holding the event from 12 noon to 8:00 p.m. so they exceeded their time limit. He also asked whether stronger guidelines be put in place for events that are closer to residences. Council Member Watford noted that he called and made an official complaint and he sympathized with him, he too lives within four blocks of the event. He also contacted the City Administrator, twice, which is how they were able to get them to stop, since they were past their time listed. We do have a process for them to have these types of events. He agreed that the event was probably larger than anticipated and just got out of hand. The City will have a better understanding with the applicant for any future events as well as make clear that when the events are permitted, that what authority various departments have for these types of situations. Administrator Whitehall added, we want to make sure that we are responsive to complaints. He articulated to Chief Davis about the comment, "that they were within their rights," well not when you have complaints. Much of what the Police Department does is respond to complaints and that is how law enforcement works. When someone makes a complaint you go, investigate it and find out what the circumstances are. The City takes pride in our dispatch, we are people oriented, it disturbs me when we have a complaint about our personnel, direct and indirect. He and Chief Davis take this to heart, we want to hear our dispatch was great, that they help people with their situation. Chief Davis added, we want to provide a good service to our citizens, that is our job. Our officers had to use tack for the situation they were faced with, they felt they did the best they could under the circumstances. However, we will take corrective measures to better handle any future matters. F MAY 5, 2009 - REGULAR MEEnNG - PAGE 8 of 8 I • • VII. NEW BUSINESS CONTINUED. H. Hear from citizens regarding a Temporary Use Permit No. 09-005 issued for a Family Party and Children's Festival to Jesus Luna continued. I VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person derides to appeal any decision made by the City Council with respect to any matter considered at dus meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record indudes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk wling R. Watford, Jr., "& Pro-Tempore ATTEST:. Lane iotek CM -City Cletk L "0 Future measures were discussed such as temporary events with close proximity to residences would be scrutinized in more detail. "We have learned something here, and we can address it. We won't say it will never happen again, it could, but this is the first time it has happened with this business," stated Mr. Watford. Attorney Cook added that the permit needs to state what they cannot do so that it is better understood, such as where speakers can be directed and at what level. Mrs. Louise Brewer stated, "the only thing I want to say is I am a private citizen, not a business owner, when we made the compliant why didn't the police go ahead shut them down? I was taught in grade school that my freedom ended where someone else began, I try to go by that rule and think everyone else should too.' Mr. Jesus Luna, the property owner, addressed the Council stating his apologies. He did not anticipate the number of people who came to the event. It scared him as well, he was trying to find a place for all the people and just wanted to apologize for the inconvenience to everyone. Mayor Pro-Tem Watford thanked Mr. Luna for his comments. No official action was taken on this matter. and Staff will be making the necessary modifications in the application process. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 6:57 p.m. The next regular scheduled meeting is May 19, 2009 at 6:00 p.m. -INDEPENDENT ®WEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 51, l o y Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continu- ously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. '__�)orn-to)and subscribed before me this ay of AT) ,20 C) Notary Public, State of Florida at Large Official Seal SELENA L. EUBANKS Notary Public, State of Florida My comm, expires Sept. 25, 2009 Comm. No. DID 475290 Okeechobee, FL 34974 (863) 763-3134 Ana,C3 5, D009 Proq q Pu61CAar-1 CITY COUNCIL. MEETING NOTICE NOTICE IS HEREBY GIVEN that the Gty Coundl of the City of Okeechobee vn0 meet In Regular Session on Tuesday, May S; 2009, 6:00 p.m. at City Hall A SE 3rd Ave, Rm 200, Okeechob ;' Rodda. The public is invited and encouracied to attend. PLEASE TAKE NOTICE AND BE AD- VISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision invot - ing.the matters noticed herein will be responsible for making a verba- e bm record of the testimony ,and "evidence at said meeting upon which any appeal islbbe based. Please contact City Administration at 863-763-3372 or website www c&ofokeechoiiee corn to obtain a copy of the agenda. In accordance with the Americans with Disabilities Ad(ADA) of 1990.. persons needing special accommo- dation to participate In this pro- ceeding should contact the Gty Clerk's Office at 863-763-3372 for assistance. - by: James E. Kirk, Maya Lane Gamiotea, CMC, City Clerk 319270 ON 5f1J09. I. CALL TO ORDER - Mayor: May 5, 2009, City Council Regular Meeting; 6:00 p.m. CITY OFOKEECHOBEE yyw;d �QG1�L��CIUu-� MAY 5, 2009 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE I OF 9 .R . z - W Mayor Pro-Tempore Watford called the May 5, 2009 Regular City Council Meeting to order at 6:00 p.m. • 11. OPENING CEREMONIES: Invocation to be given by Pastor Loy Mershimer, Okeechobee Presbyterian Invocation was offered by Pastor Mershimer of the Okeechobee Presbyterian Church; Church; Pledge of Allegiance led by the Mayor. The Pledge of Allegiance was led by Mayor Pro-Tem Watford. 0 III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham ✓ Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. City Administrator Brian Whitehall c/ City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith V11- / Public Works Director Donnie Robertson V IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 7, 2009 City Council Regular Meeting. City Clerk Gamiotea called the roll: Absent Present Present Present (Acting as Mayor Pro-Tempore) Present Present Present Present Absent Present Present Present Council Member oved to dispense with the reading and approve the Summary of Council Action for the April 21, 2009 City Council Regular Meeting; seconded by Council Member. There was no discussion on this item. rn VOTE KIRK - ABSENT MARKHAM - YEA ' WATFORD - YEA WILLIAMS - YEA MOIJON-CARRI MAY 5, 2009 - REGULAR MEETING - PAGE 2 OF 9 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Public discussion and comments on a motion to adopt proposed Ordinance No.1044 regarding local vendor preference, deferred from the April 21, 2009 meeting - City Attorney (Exhibit 1). VJ Mayor Pro -Tern Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business Item H was added. MAYOR PRO-TEM WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. Public discussion and comments on a motion to adopt proposed Ordinance No. 1044 regarding local vendor preference, deferred from the April 21, 2009 meeting Amendments to consider: Section 1, add definition: Regional business means any person, firm, partnership, company or corporation which is duly licensed and authorized to engage in the particular business for which a proposal is submitted, and whose principal place of business in the sole opinion of the City, is not located in the City of the county of Okeechobee, but is located within one of the counties of Indian River, et , or Martin, Florida. Section 2, add: (4)(c) a local vendor preference shall be afforded to a Regional Business, as described in Section 1, above, in the following manner: Competitive bid (Local Price Match Option). Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non -local, non -regional business submits the lowest price bid, and the bid submitted by one or more qualified and responsive regional businesses is within 5 percent of the price submitted by the non -local business, then the regional business with the apparent lowest bid offer shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest qualified and responsive non -local, non -regional bidder. In such instances, staff shall first verify if all bidders are in fact qualified and responsive bidders. If the lowest regional bidder meets the requirements of 287.087, F.S. the City Administrator, or his designee, shall invited the lowest regional bidder in writing to submit a matching offer, which shall be submitted in writing to the City Administrator's Office within five business days thereafter. If the lowest regional bidder submits a written offer that does not fully match the lowest bid from the lowest non -local, non -regional bid tendered previously, that regional bid shall be removed from consideration and the next lowest fully qualified regional bidder will be given the opportunity to match said bid if they are within 5 percent. This cycle shall be repeated until there is no remaining regional business bids. If the lowest regional bidder declines or is unable to match the lowest non -local, non -regional bid price(s), then award will eventually be made to the lowest overall qualified and responsive bidder. If the lowest regional bidder does not meet the requirement of Section 287.087, F.S., and the lowest non -local, non -regional bidder does, the lowest regional bidder will be disqualified and the next lowest regional bidder will be considered if they are within 5 percent. In the even a regional bidder is awarded a contract pursuant to this section, all request for change orders increased the costs of the project must be approved by the City Council. MAY 5, 2009 - REGULAR MEETING - PAGE 3 OF 9 -- VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Public discussion and comments on a motion to adopt proposed Ordinance No.1044 regarding local vendor preference, deferred from the April 21, 2009 meeting continued. b) Vote on motion. • CLOSE PUBLIC HEARING. 0 (JCS ci 0 UK WCVw�i in 0..lCL �0 ` Jc� %a 4- C p � sic b C (IC :S�' J am 0 VOTE KIRK - ABSENT MARKHAM - YEA ' - A WATFORD - YEA WILLIAMS - YEA MOTI N CARRIED. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT P.M. � ' f D MAY 5, 2009 - REGULAR MEETING - PAGE 4 OF 9 AGENDA VII. NEW BUSINESS. A.1. a) Motion to read by title only and set May 19, 2009 as a final pubic hearing date for proposed Ordinance No. 1045 regarding rezoning Petition No. 09-002-R, changing zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at 901 SW 6"' Street - City attorney (Exhibit 2). COUNM - SSION-VOTE . ko Council Member moved to read by title only and set May 19, 2009 as a final pubic hearing date for proposed Ordinance No. 1045 regarding rezoning Petition No. 09-002-R, changing zoning designation from Holding (H) to Residential; seconded by Council Member �� b) Vote on motion to read by title only and set final public hearing date. VOTE ® KIRK - ABSENT MARKHAM - YEA O'CORKa--yu WATFORD - YEA WILLIAMS - YEA 0T10N CARRI c) City Attorney to read proposed Ordinance No. 1045 by title only. Attorney Cook read proposed Ordinance No. 1045 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 HOLDING (H) TO RESIDENTIAL SINGLE FAMILY -ONE (RSI~1) ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY, PROVIDING FOR CONFLICTS, SEVERAB►LITYAND AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. Council Memb" 'moved to approve the first reading of proposed Ordinance No. 1045; seconded b Council Member 1045. y b) Discussion. This ordinance pertains to Rezoning Petition No. 09-002-R submitted by Kevin McGinley on behalf of the property owners, Bishop Gerald M. Barbarito, Scared Heart Catholic Church. The petition is requesting to rezone approximately ® c) Vote on motion. 12 acres of unplatted land located at 901 Southwest 6"' Street, from Holding to RSF-1. The existing future use of the property is a house of worship. Planning Staff findings are that the petition (1) Is not contrary to the Comprehensive Plan. (2) The proposed use being applied for is specifically authorized under the zoning district in the I-DR's. However, the excess height will require approval of special exception in addition to complete Site Plan review and approval by the TRC. (3) That the petition will not have an adverse effect on the public interest. (4) The proposed use is appropriate for the location, is reasonably compatible with adjacent land uses, is not contrary or detrimental to urbanizing land use patterns. (5) The proposed use will not adversely affect property values or living conditions, not be detrimental to the improvement or development of adjacent property. (6) That it can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. (7) The proposed use will not create a density pattern that would over burden pubic facilities such as schools, streets and utility services. However, the specifics ofthe demand for public facilities, services, and traffic impacts will be considered during the site plan review. MAY 5, 2009 - REGULAR MEETING - PAGE 6 OF 9 VII. NEW BUSINESS CONTINUED. B. Motion to adopt proposed Resolution No. 09-08 regarding Code Enforcement Citation Procedures - Chief Smith, Code Enforcement Official (Exhibit 3). W Council Member moved to adopt proposed Resolution No. 09-08 regarding Code Enforcement Citation Procedures; seconded by Council Member M0 Proposed Resolution No. 09-08 title reads as follows: "A RESOLUTION OF THE CITYOF OKEECHOBEE, FLORIDA, RESCINDING RESOLUTION NO.01-15 IN ITS ENTIRETY; ESTABLISHING A STANDARD FORM OF CITATION REGARDING CODE ENFORCEMENT VIOLATIONS; ESTABLISHING DESIGNATION OF ENFORCEMENT OFFICERS, DESIGNATING SPECIFIC VIOLATIONS AND A SCHEDULE OF PENALTIES REGARDING THE CITATION PROCEDURE; PROVIDING FOR THE CITATION PROCEDURES AND FEE SCHEDULE TO BE INCLUDED IN THE CODE OF ORDINANCES AS APPENDIX G; PROVIDING AN EFFECTIVE DATE." Jed- ham.. 8d Doff 4o �/� Q ° �d Oppc' g0 �0 �*p�0 icy �jo -t c, Ut 0 �' o ?C) � Q � -tr) Iwo ID�- a C VOTE KIRK - ABSENT MARKHAM - YEA ' NNQ - EA WATFORD - YEA WILLIAMS - YEA TION CARRIED. MAY 5, 2009 - REGULAR MEETING - PAGE 7 OF 9 VII. NEW BUSINESS CONTINUED. rn C. Motion to approve a Mutual Aid Agreement between Okeechobee Council Memb oved to approve a Mutual Aid Agreement between Okeechobee County Fire Rescue and City of County Fire Rescue and City of Okeechobee Fire Department - Okeechobee Fire Department; seconded by Council Member- Chief Smith (Exhibit 4). aC�A10l.�, 4j . S 'C.�t�� • VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA lm= ei ---------------------- U. Motion to approve a Mutual Aid Agreement between Okeechobee Council Member moved to approve a Mutual Aid Agreement between Okeechobee County Sheriff's Office and County Sheriffs Office and Okeechobee Police Department - Chief Okeechobee P lice Department; seconded by Council Member Davis (Exhibit 5). s � VOTE KIRK - ABSENT MARKHAM - YEA O'C NNOR - YEA WATFORD -YEA WILLIAMS -YEA MOTION CARR . MAY 5, 2009 - REGULAR MEETING - PAGE 8 OF 9 VII. NEW BUSINESS CONTINUED. E. Consider a Temporary Street Closing Application submitted by the American Red Cross for June 6, 2009 from 9:00 a.m. - 6:00 p.m., Southwest 4' Avenue between North and South Park Streets - City Clerk (Exhibit 6). F. Consider a Temporary Street Closing Application submitted by First Baptist Church for July 13 -17, 2009 from 4:30 p.m. - 9:00 p.m., Southwest 3rd Street, 6' Avenue and 4' Street - City Clerk (Exhibit 7). Council Member moved to approve a Temporary Street Closing Application submitted by the American Red Cross for June 6, 2009 from 9:00 a.m. to 6:00 .m., Southwest 4' and '54,k Avenues between North and South Park Streets; seconded by Council Member P d'm eCAk C'P h% Pa (tom' y-6 VOTE KIRK - ABSENT MARKHAM - YEA O'CO WATFORD - YEA WILLIAMS - YEA RIED Council MembVvoed approve a Temporary Street Closing Application submitted by First Baptist Church for July 13 through 17, 2009 from 4:30 p.m. - 9:00 p.m., daily to re-route traffic along Southwest 3'd Street, 6' Avenue and 4' Street, in order to better coordinate pick up and drop off for the Youth Sport Camp and keep traffic congestion off Southwest 5" Avenue; seconded by Council Member 0ko KIRK - ABSENT MARKHAM - YEA ' N WATFORD - YEA WILLIAMS - YEA MOT ED G. Discuss summer meeting schedule - City Administrator (Exhibit 8). m /h %� MA I I l O- L- 4 4P(OV& , M oft ok CQh/' LC 1 MAY 5, 2009 - REGULAR MEETING - PAGE 9 OF 9 VII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGEND: H. Complaint on Temporary Use Permit granted - Exhibit 9. ykw ter" gDe , �- 064 ov 6j-U 0 VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor &/� kj-'A i LJ'5' 8PM), cam.-(�, o�4-0-c;&A � s� tj LIU CA— Cl M)'L wmf�- ntpL un-k) There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at p.m. The next regular scheduled meeting is May 19, 2009 at 6:00 p.m. Lane Gamiotea, CIVIC, City Clerk CITY OF OKEECHOBEE MAY 59 2009 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 01. CALL TO ORDER- MAYOR: May 5, 2009, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Loy Mershimer, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall is City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. MINUTES - Clty Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 21, 2009 City Council Regular Meeting. MAY 5, 2009 PAGE 2 OF 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Public discussion and comments on a motion to adopt proposed Ordinance No.1044 regarding local vendor preference, deferred from the April 21, 2009 meeting - City Attorney (Exhibit 1). b) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A.1.a) Motion to read by title only and set May 19, 2009 as a final pubic hearing date for proposed Ordinance No.1045 regarding rezoning Petition No. 09-002-R, changing zoning designation from Holding (H) to Residential Single Family -One (RSF-1) for property located at 901 SW 6" Street - City attorney (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. c) City Atttomey to read proposed Ordinance No.1045 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1045. b) Discussion. c) Vote on motion. B. Motion to adopt proposed Resolution No. 09-08 regarding Code Enforcement Citation Procedures - Chief Smith, Code Enforcement Official (Exhibit 3). VII. NEW BUSINESS CONTINUED. C. Motion to approve a Mutual Aid Agreement between Okeechobee County Fire Rescue and City of Okeechobee Fire Department - Chief Smith (Exhibit 4). D. Motion to approve a Mutual Aid Agreement between Okeechobee County Sheriffs Office and Okeechobee Police Department - Chief Davis (Exhibit 5). E. Consider a Temporary Street Closing Application submitted by the American Red Cross for June 6, 2009 from 9:00 a.m. - 6:00 p.m., Southwest 40' Avenue is between North and South Park Streets - City Clerk (Exhibit 6). 40 F. Consider a Temporary Street Closing Application submitted by First Baptist Church for July 13 -17, 2009 from 4:30 p.m. - 9:00 p.m., Southwest and Street, 6"' Avenue and 4" Street - City Clerk (Exhibit 7). G. Discuss summer meeting schedule - City Administrator (Exhibit 8). VIII. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that If any person desires to appeal any decision made by the City Council with resped to any matter considered at this proceeding, such Interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal Is to be based. City Clerics media are for the sole purpose of backup for official records of the Cleric. MAY 5, 2009 PAGE 3 OF 3 • • D0IIBIT 1 ORDINANCE 1044 MAY S, 2009 AN ORDINANCE OF THE CITY OF OK EEIFROVIDING OBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE CODE ORDINANCES, MUNICIPAL PURCHASING, SECTION 2-282, TO ADEFINITIONS AND SECTION 2- 290, LOCAL VENDOR PREFERENCE; FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, h; Ordinances to define words, terms and p WHEREAS, the City of Okeechobee, Florida, h Ordinances by adding definitions of v Purchasing; and WHEREAS, the City of Okeechobee, Florida, h Ordinances, Local Vendor Preference, to those City businesses who respond to invi- quotations for the procurement of general except where federal or state law mandat NOW THEREFORE, be it ordained by the City Q presented at a duly advertised public mei City Council; and properly executed by th Officer for the City: Section 1. Sections 2-282. Defin The following words, terms and phrases, meanings ascribed to them in this se indicates a different meaning. Business location means a Derma business conducts. enaaaes in or c has Dersonnel. eauioment and mate sufficient to constitute a Dresent abi the aoods. Business stationery an reference to a county address. A service center shall not constitute e Citv business means anv person. fi who possesses a current Citv E authorized to enaaae in the Darti submitted. and whose Drincioal ola Citv. is located within the City. Contractual services means all se not include professional services c Countv business means anv oe corporation which is dulv licensed ai business for which a oroDosal is si business. in the sole opinion of the the county.. pted Section 2-282 of the Code of for Municipal Purchasing; and emended Section 2-282 of the Code of s, terms and phrases for Municipal added Section 2-290 to the Code of tablish guidelines and procedures for ons to bid, requests for proposals and vices, goods or professional services, to the contrary. cil of the City of Okeechobee, Florida; g; and passed by majority vote of the layor or designee, as Chief Presiding en used in this division, shall have the n, except where the context clearly ;nt office or other site where a local Ties on all or a Dortion of its business: ols within the boundaries of the Countv i to Derform the service and/or provide business cards must make a specific Est office box or a location at a Dostal usiness location. . partnership. comDanv or corporation �iness Licence Tax Receipt and is ar business for which a DroDosal is of business. in the sole opinion of the involving labor activities, but shall ces provided by franchise. m. firm. oartnershiD. companv or authorized to enaaae in the Darticular 'nitted. and whose DrinciDal glace of v. is located within the boundaries of Language to be added Is underlined I � Ordinance No. 1044 Page 1 of 4 • LJ Goods includes. but is not lim printed matter. Local business means a business Local vendor means anv persons. companies. or corporations. locate the Citv for goods and/or services. Low bid means a vendor aualifie invitation to bid.. request for or000 has submitted the lowest orice in the consideration as identified ur Professional services means anv so instruction or specialized work 1 specifically aualified in a particular services procured oursuant to (F., Qualified local business means a under the bid. reauestfor proposal. for award to perform the services Supplies means materials, equ goods, which terms may be into Using agency means any departm or service is being procured. Section 2. Section. 2-290. Local Von The Citv shall aive awe oercent on CJ a th;Q8 oercent preference to aual invitations to bid. reauests for orom of aeneral services. goods or orofe state law mandates to the contrary. a preference amount that exceeds The Citv reserves the riaht to coma auality of materials. aualifications. persons. firms. partnerships. com bids. reauests for proposals. and and/or services when makina an Q) Open market purchases as subiect to the local vendor 1'1 The Citv Council may award at the U A local vendor prefereno $25.000.00. whichever is les to aualified Citv businesses: .b A local vendor preferencel $25.000.00. whichever is lest to aualified county businesses. supplies. eauipment. materials and within the countv. rms. sole proprietorships. partnership. within the Citv. offerina to contract with perform the work required under the or auotation. meetina all conditions and bid response. which shall also include consideration for award. Des where the Citv is obtainina advice. i an individual firm or corporation a. Such term does not include those 287.055). v business satisfvina the reauirements auotation auidelines and consideration aoods reauested. and other tangible and consumable Bably used in this division. in City government for which a supply Preference. -.rence to aualified Citv businesses and ,-d county businesses who respond to als and auotations for the procurement ional services. except where federal or o business shall be aualified to receive re percent. contrast and otherwise evaluate the iracter. responsibility and fitness of all ies or corporations submittina formal Cations for the procurement for roods 'd in the best interest of the Citv. Section 2-286. will not necessarily be ourchase. iscretion: in the amount of five percent or, on purchases in excess of $25.000.00 n the amount of �ee. percent or on ourchases in excess of $25.000.00 kQ Local vendor preference awards wi�l be made to responsible aualified local businesses. The local vendor orefibrence may be waived if the cost of the award would exceed the budaet of a City for the aeneral services and/or aoods reauested. Language to be added Is underllned Ordinance No. 1044 Page 2 of 4 • • 101 M ko The Citv Council reserves the e whether or not to aDDly the local The method outlined for tie bids in manual will be used to determine formal bids. reauests for proposals. after calculatina the appropriate loi Persons. firms. partnerships. coma considered for the local vendor oref, affidavit provided in the solicitatior reauest for Drop_ osal. or auotatior aDDlication and affidavit is sufficien Derson. firm. Dartnerships. Como aDDlication and affidavit with theirs( vendor Dreference. Vendors shall aDDlicaiton or affidavit once submit of demonstratina that it meets the i The local vendor preference as w followina contracts or Durchases: Lal Professional services whi Consultants Competitive N u Purchases or contracts for v preference is Drohibited Du policies. .c Purchases made utilizina ci other aovernmental entities. ive right to exercise the option as to or Dreference to anv Drocurement. Durchasina policies and Drocedures final award in the event two or more quotations are received and are equal vendor Dreference. Anies or corporations who desire to be ence must complete an aDDlication and ocuments and return it with their bid. Upon a findina by the Citv that the and meets the local vendor criteria. the i ies or corporation that provide the i itation will be allowed to receive a local of have the oDDortunity to chance the Vfi to the Citv and shall have the burden nition. ed in this Section shall not aDDly to the are subiect to the State of Florida itiations Act (F.S. & 287.0551. fundina is received and local vendor nt to anv laws. rules. regulations or rative Durchasina aareements with J. Purchases made under em r6encv Drocedure situations as set forth in the Durchasina Dolicv and brocedures manual. on file in the Citv Clerk's Office. Lel Purchases made for items thol have been deemed as a sinale source and/or standard items utilize by the Citv. Section 3. Conflict All ordinances or parts of ordinances in Section 4. Sevembility. If any provision or portion of this ordinanc jurisdiction to be void, unconstitutional, provisions and portions of this ordinance Section 5. Effective Date. This Ordinance shall take effect immed INTRODUCED for first reading and set for final p Language to be added Is underlined ict herewith are hereby repealed. declared by any court of competent unenforceable, then all remaining remain in full force and effect. upon its passage. flic hearing on this 77"" of ARM l, 2009. Ordinance No. 1044 Page 3 of 4 • ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and 2009. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added Is underlined James E. Kirk, Mayor �I Public Hearing this 21't day of April, James E. Kirk, Mayor Ordinance No. 1044 Page 4 of 4 Ord 1044 —'Vendor Pref Ord' Amendments to Ord as per 4/21/09 City Council April 2009 Section 1 Add definition: Regional business means any person, firm, partnership, cc mpany or corporation which is duly licensed and authorized to engage in the particular business for which a proposal is submitted, and whose principal place of business, in the sole opinion of the Citf, is not located in the City or the County of Okeechobee, but is located within one of the Counties olf ndian River, St. Lucie, or Martin, Florida. Section 2 Add: (4) (c) A local vendor preference shall be afforded to a I above, in the following manner: Competitive bid (Local Price Match Option). Ea bids) shall clearly identify how the price order of the When a qualified and responsive, non -local, non-regior bid submitted by one or more qualified and responsvv( price submitted by the non -local business, then the rel shall have the opportunity to submit an offer to m; qualified and responsive non -local, non -regional biddy bidders are in fact qualified and responsive bidde requirements of 287.087, Florida Statutes, the City Adr regional bidder in writing to submit a matching offer Administrator's Office within five (5) business days thi written offer that does not fully match the lowest I tendered previously, that regional bid shall be remov qualified regional bidder will be given the opportunity shall be repeated until there are no remaining regio declines or is unable to match the lowest non -local, no be made to the lowest overall qualified and responsh meet the requirement of Section 287.087, Florida S bidder does, the lowest regional bidder will be disqua considered if they are within 5%. In the event a regic section, all requests for change orders increasing the Council. Business, as described in Section 1, formal competitive bid solicitation (i.e. sealed s received will be evaluated and determined. business submits the lowest price bid, and the .gional businesses is within five percent of the ial business with the apparent lowest bid offer h the price(s) offered by the overall lowest, In such instances, staff shall first verify if all If the lowest regional bidder meets the istrator, or his designee, shall invite the lowest ,hick shall be submitted in writing to the City after. If the lowest regional bidder submits a from the lowest non -local, non -regional bid from consideration and the next lowest fully match said bid if they are within 5%. This cycle business bids. If the lowest regional bidder •egional bid price(s), then award will eventually bidder. If the lowest regional bidder does not :utes, and the lowest non -local, non -regional ed and the next lowest regional bidder will be I bidder is awarded a contract pursuant to this A of the project must be approved by the City ® NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Sui c , Okeechobee, FL 34974 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that t e attached copy of advertisement being a !"'L) in the matter of 0 L) -I C 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, d that said +) newspaper has heretofore been pu;fished continu- ously in said Okeechobee County, Florida each week and has been entered as seco� id 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, anal affiant further says that she has neither paid nor promised any person, firm or corporation any dis ount, rebate, commission or refund for the purpZ of securing this advertisement for publication i� the said newspaper. woo�to and subscribed before me this day of I�V/-1% AEG>G otary Public, State of Florida at Large opt Pie, Janetta Thiboult Commission # DD505311 o Expires January 10, 2010 9� OF tti� Bonded Troy Fain Insurance. We 8003857019 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE (863) 763-31M PLEASE TAKE NOTICE that the City Council of the City of Okeechob londa will on Tuesday, April 21, 2009 at 6:00 p.m. or as soon thereat essible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUB, FEARING on and thereafter to consider final reading of the following Oi cone into law: NO. 1044: AN ORDINANCE OF THE CITY OF OKI :HOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE CO )F ORDINANCES, MUNICIPAL PURCHASING, SECTION 2-282, 1DD DEFINITIONS AND SECTION 2-290, LOCAL VENDOR PREFE .NCE• PROVIDING FOR CONFLICTS AND SEVERABILITY; PROW NG FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and participate aid hearing The proposed Ordinance may be inspected in its entirety iembers of the public in the Office of the City Clerk during regular busin yours, Mon -Fri, 8am-4:30pm, except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to eal any decision made by the City Council with respect to any matter o idered at this hearing, such interested person will need a record of roceedings, and for such purpose may need to ensure a verbatim record ie proceedings is made, which record includes the testimony and evider pon which the appeal is to be based. City Clerk media are for the sole p ose of backup for official records 6f the Clerk. In accordance with the Americans with Disability Act (ADA) and Ror tatutes286.26, persons with disabilities needing special accommodation articipate in this proceeding should contact Lane Gamiotea no later tt No (2) working days prior to the proceeding at 863-763-3372 x215; earing or voice Impaired, call TDD 1-800-955-8770 (voice) -800-955-8771(TTY). Lane Gamiotea, CMC, CRY CLERK 0 DmiBrr 2 MAY 5, 2009 ORDINANCE AN ORDINANCE OF THE CITY OF OKEE THE OFFICIAL ZONING MAP OF OI CERTAIN TRACT OF LAND MORE HEREIN, FROM HOLDING (H) TO RES (RSF-1) ZONING DISTRICT; AME ACCORDINGLY; PROVIDING FOR CON EFFECTIVE DATE. WHEREAS, the City Council of the City of No. 402 in which a revised Official 2 WHEREAS, Kevin McGinley, on behalf of prop for Sacred Heart Catholic Church, of t hereafter, has heretofore filed Petitior Development Regulations of the City of ( certain tract of land consisting of 12.0 acre Family -One (RSF-1) Zoning District an( boundaries of the above mentioned zone petition; and 1 "5 HOBEE, FLORIDA; AMENDING !ECHOBEE BY REZONING A PARTICULARLY DESCRIBED ENTIAL SINGLE FAMILY -ONE DING THE ZONING MAP JCTS. SEVERABILITY AND AN *, Florida has adopted Ordinance was adopted for said City; and y owner(s) Bishop Gerald M. Barbardo property more particularly described 4o. 09-002-R, pursuant to the Land ,echobee for the purpose of rezoning a ;) from Holding (H) to Residential Single hat this request be removed from the allow for the processing of the rezoning WHEREAS, said petition(s) being reviewed OV the City's Planning Board at a duly advertised meeting held on April 16, 20 , and submitted by staff report, which determined such petition(s) to be consis nt with the Comprehensive Plan and is appropriate with the zoning uses within t City; and WHEREAS, the City Council has agreed with th recommendation of the Planning Board and hereby finds such rezoning consiste t ' h the City's Comprehensive Plan and deems it in the best interest of the inh itants of said City to amend aforesaid revised Zoning Map as hereinafter set f ; NOW THEREFORE, be it ordained before the ity Council of the City of Okeechobee, Florida; presented at a duly advertised p is meeting; and passed by majority vote of the City Council; and properly execu IE d by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. LEGAL DESCRIPTION. The following described land, located in BEGINNING AT THE SOUTHWEST COF OKEECHOBEE, FOR A POINT OF BEGIN WEST BOUNDARY OF SAID BLOCK 250 A4 TO THE SOUTH RIGHT -OF --WAY BOUA THENCE WEST ALONG THE SOUTH BOU DISTANCE OF 502.86 FEET, THENCE EASTERN BOUNDARY OF SAID TRACT A ALONG NORTH BOUNDARY TRACT A DI ALONG NORTH BOUNDARY OF SOUTH THE POINT OF BEGINNING. SECTION 2. ZONING MAP That the aforesaid Revised Zoning Map reflect the subject property (12.0 acres) Holding (H) to Residential Single Family. City of Okeechobee, to -wit: OF BLOCK 250, 1" ADDITION TO THENCE RUN NORTH ALONG THE ENDED A DISTANCE OF 1039.5 FEET ' OF THIRD STREET, EXTENDED, Y OF THIRD STREET, EXTENDED, A i ON A LINE PARALLEL TO THE NCE OF 1039.6 FEET, THENCE EAST CE OF 1039.6 FEET, THENCE EAST .T A DISTANCE OF 502.86 FEET, TO City of Okeechobee be amended to ig classification to be changed from (RSF-1) Zoning District. Ordinance No. 10451 Pane 1 of 2 • • SECTION 3. CONFLICT. All ordinances or parts of ordinances in SECTION 4. SEVERABILITY. If any provision or portion of this ordinan jurisdiction to be void, unconstitutional provisions and portions of this ordinance SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect immedi herewith are hereby repealed. is declared by any court of competent or unenforceable, then all remaining hall remain in full force and effect. upon its passage. INTRODUCED for first reading public hearing dnj this 51 day of May, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after First Public Hearing this 19"' of Mav, 2009. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 10451 Page 2 of 2 City of Okeechobee I Date: 3/2./ Athon No. 0 11 - 00.2 . R. General Services Department I Fee Paid! (Tj} sdiction:+' 55 S.E. 3`d Avenue, Room 101 1' Hearin 41 Okeechobee, Florida 39974-2903 I g' � � 2nd Hearing: 6 117 /® C� Publication Da � hone: (863) 763-3372, ext. 218 31 761-19;R6► Notices Mailed Rezoge, Special Exception d variance APPLICANT.INFO 1 Name of property owner(s): Bishop Gerald M. Barbarito 2 Owner mailing address: P.O. Box 109650 6 lm Beach Gardens, FL 3 Name of applicant(s) if other than owner Sacred I , eart Catholic Church 4 Applicant mailing address: see att4ched 4a e-mail address: see att4ched 5 Name of contact person (state relationship): Kevin McGinley 6 Contact person daytime phone (s): 561 686-2181 7 8 9 �12 13 14 15 I16 17 PROEERTX INFO . . TION . Prclperty address/directions to property: 901 S.W. 6th Street, Okeechob , FL 34974 Describe current use of property: House of Worship (church) wit including parish hall/educati maintenance building, pavilio Describe improvements on property (numberhype bi vacant, etc. Church (250 seats) - 4,708 s. rectory - 2,125 s.f., pavilio offices - 405 s.f., maintenan accessory uses, center, rectory, and offices. ings, dwelling units , occupied or hall - 8,638 s.f., 4,000 s.f., bldg. _ 3,000 s.f. Approx. acreage: 12.0 Is property i platted subdivision? yes Is there a use on the property that is/was in violation of a city or county ordinance? If so, describe: No Is a pending sale of the property subject to this appli Describe uses on adjoining property to the North: North: vacant/undeveloped East: Chi South: vacant/undeveloped west: vaci Existing zoning: Holding (H) Future Land Request is for: C X) Rezone (_) Special Excel Parcel Identification Number: 2- 21- 3 7- 3 5- 0 ATTACH__MEN Applicant's statement of interest in property see attached Revised 7/08 being granted? No day care/SFRs t/undeveloped ,e classification SF >n (_) Variance 0-00013-0000 Reed: 4 Page 1 of 10 r-- Non --refundable application fee: Rezoning $8"50; Special Exception: $500; Variance: $500; all plus $30/acre 18 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 19 Last recorded warranty deed 20 Notarized letter of consent form property owner (if applicant is different from property owner) Three property surveys (one no larger than I I" x IT) containing: 21 a. certified boundary survey, date of survey, surveyor's name, address and phone number b. Legal description c. Computation of total acreage to nearest tenth of an acre (� List of surrounding property owners with addresses and location sketch of the subject 22 property. See the Information Request Form from the Okeechobee Property Appraiser's I Office (attached) 23 I Affidavit attesting to completeness and correctness of the list (attached) I V INFORMATION SPECIFICALLY RELATINGTU A REZONE u;: d _. f s ' R1 -hk'.d 23 I Current zoning classification: H Requested zoning classification ^RSF1 i 24 25 26 27 28 29 30 I What is the desired permitted use and intended nature of activities and development of the property? House of Worship ( church) with accessory uses (hall, rectory,pavilion, offices etc.) Is a Special Exception necessary for your intended use? Yes — to allow for height in excess of 30 feet Is a Variance necessary for your intended use? No Applicant's materials addressing required findings for granting a rezoning (attach). see attached T .INF M. ORMATI01�1..SPE _...: IC'4'I'I' . _ .. � _ �.RELATIN PECiAT. Describe the Special Exception sought: Special Exception request will be subject of a subsequent application. Are there similar uses in the area? If so, describe them: i If a business , briefly describe the nature of the business, 0 of employees, hours of operation and any activities to be conducted outside of a building: Revised 7/08 Page 2 of I0 31 32 33 34 35 36 37 38 139 Applicant's materials adfising standards for Applicant's materials addressing findings required fir INFORMATION'.SPECMCALLY RE Describe the Special Exception sought: a special exception ranting a special exception (attach) CIN& TO A: V,-A-' R L*A-,N, - 6E, Describe the physical characteristics of the property �t make the variance necessary. Did you cause or contribute to the characteristic What is the minimum variance necessary? the variance? If so, describe: Applicant's materials addressing standards for a variance (attach) Applicant's materials addressing findings required f4r granting a variance (attach) I hereby certify that the information in this applicatim is correct The ��on included in this application is for use by the City of Okeechot ein processing my request. False or misleading information may be punishable by a fine Aup to $500.00 and imprisonment of up to 30 days and may resulting the summary denial this application. Signature Printed Name Date 02 - 09f Revised 7/08 Page 3 of 10 Lipkm ZONING & URBAN PLANNING MARKET RESEARCH 8s ANALYSIS ENVIRONMENTAL ASSESSMENTS STATEMENT OF INTEREST ram. LAND RESEARCH MANAGEMENT, INC. 2240 PALM BEACH LAKES BLVD. • SUITE 103 WEST PALM BEACH, FLORIDA 33409 TEL: (561) 686-2481 • FAX; 681-1551 The owner of the subject property is the Most Reverend Gerald M. Barbarito, as Bishop of the Diocese of Palm Beach, the Applicant is Sacred Heart Catholic Church (Pastor Hugh Duffy) and the Applicant and Owner's Agent/Zoning Consultant is Kevin McGinley, Land Research Management, Inc. 2240 Palm Beach Lakes Boulevard, Suite 103, West Palm Beach, FL 33409 (phone: 561-686-2481 / fax: 561-681-1551 / e-mail: Irmi(@bellsouth.net ). All correspondence and communication should be addressed to Kevin McGinley. I mfwkm • ZONING & URBAN PLANNING NIARICET RESEARCH & ANALYSIS ENVIRONMENTAL ASSESSMENTS FINDINGS REQUIRED FOR OR CHANGE IN LAND DEVE 1. The proposed rezoning is not contrary to The subject property has a Future Land Use desig proposed rezoning from Holding (H) to Residentis with the Comprehensive Plan. Policy 3.3 of the F Plan states that the city will coordinate with the c zoned in accordance with the Future Land Use Eli District is not contrary to the Comprehensive Plai policies, goals and objectives contained therein. 2. The proposed use being applied for is sl in the Land Development Regulations. Houses of worship in excess of five (5) acres are Article III, Divisionl, Section 90-120, Code of Or( acres; therefore, the proposed rezoning and pla specifically authorized under the requested zon 3. The proposed use will not have an adve Houses of worship serve to provide religious, ed and are an integral part of the fabric of any corn established parish in the city of Okeechobee, ha community services and ministries which serve 1 4. The proposed use is appropriate for the with adjacent land uses, and is not conti patterns. The subject property is located in an area chara( use), residential and institutional uses (day care undeveloped properties are located north, soutl single family homes are located east of the subji Child day care centers are located at the interse The proposed use is therefore appropriate and i development patterns in the area and adjacent urbanizing land use patterns. • LAND RESEARCH MANAGEMENT, INC. 2240 PALM BEACH LAKES BLVD. - SUITE 103 WEST PALM BEACH, FLORIDA 33409 TEL: (561) 686-2481 - FAX 681-1551 i A REZONING REGULATIONS prehensive Plan requirements. :ion of Single -Family Residential. The ingle-Family (RSF1) is therefore consistent re Land use Element of the Comprehensive my such that "all property in the City is ant". The requested rezoning to the RSF1 !quirements; rather, it furthers the adopted authorized under the zoning district -miffed uses in the RSF1 District, pursuant to inces. The subject property consists of 12.0 !d expansion of the existing church is district. effect on the public interest. itional and social services to area residents inity. Sacred Heart Catholic Church, a long- nd will continue to provide these essential public interest. tion proposed, is reasonably compatible or detrimental to urbanizing land use rized as a mix of light commercial (day care nter, school and church). Vacant and nd west of the subject property. Several property, fronting along S.W. 70 Avenue. on of S.W. 6th Street and S.W. 7th Avenue. isistent for the subject property in terms of id uses and is not contrary or detrimental to Page 2 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. The proposed rezoning will provide for the expansion of the Sacred Heart Catholic Church parish and is a logical and orderly step in the development of the property. The proposed rezoning will allow the parish to construct its planned 500-seat sanctuary on the eastern portion of the property which was initially developed in 1961. The proposed rezoning and eventual church expansion will not adversely affect property values or living conditions or be detrimental to the future residential development of adjacent properties because the use is consistent with the subject property's use as a place of worship for the past 48 years. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. The 12-acre subject site is large enough to provide suitable buffering to adjacent single-family homes to the east and future residential development to the north, south and west. The use is deemed consistent with the adjacent day care center and will not present a nuisance or hazard to the neighborhood. Site plans, architectural elevations and landscape plans will be submitted during the site plan review process and reviewed accordingly to insure compatibility. 7. The proposed use will not create a density pattern that would over burden public facilities such as schools, streets and utility services. The proposed rezoning and expansion to the long-established, existing Sacred Heart parish will not adversely impact public facilities such as schools, parks or government services due to its non-residential nature. Existing roadways and utilities have been deemed adequate to serve the proposed expansion. A traffic impact analysis confirming consistency with adopted standards will be submitted as part of the site plan review process. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. The proposed church expansion will comply with traffic associated standards for concurrency and site impacts, including access to public streets. Drainage will be addressed in a site -specific comprehensive manner through a master drainage system that insures consistency with applicable standards. The subject property does not contain wetlands or areas of specific environmental concern. Public safety will not be affected by the proposed church expansion. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. The proposed church expansion will meet all applicable land development and design regulations and standards of the city code. Relief from the 30-foot building height restriction to accommodate the architectural dome and bell tower is anticipated and will be addressed through the special exception review process. • City of Oi 55 SE 3rd Okeechobe( Tele: 863-763-3372 ee ,34974 863-763-1686 LAND USE POWER OF ATTORNEY Name of Property Owner(s): Diocese of Palm Beach, Inc. Mailing Address: 9995 N. Military Trail Palm Beach Gardens, FL 33410 Home Telephone: Work: 5 61- 7 7 5 9 5 0 0 Cell: Property Address: 901 S.W. 6th Street, O chobee, FL 34974 Parcel IDNumber: 2-21-37-35-OA00-00013 000 02 Name of Applicant: Kevin McGinley Home Telephone: 5 61-9 6 5- 6 0 24 Works 61- 68 The undersigned, being the record title owner(s) of the real applicant stated above the full right and power of attorney t the land use of said property. This land use change may in( exception or variances, and appeals of decisions of the Plan limitations and restrictions maybe place upon the use or op or in any hearing may result in the termination of any speci property to the original classification. This power of attorn statement of such termination effective upon receipt by the W' 1:1' • ' :1' • :A' :�• • /� l 1 I OWNEROWNER Before me the undersigned authority personally appeared t acknowledged before me that they are the owner(s) of the j power of attorney fo e p se stated therein. Sworn an tt � Notary Public: f�-) S� ) 0. C� C.(7 S1. Commission Expires: pc i d4q _ --L-o o 481 Cell: 561-758-7148 )perty described above, do hereby grant unto the cake application to the City of Okeechobee to change le rezoning of the property, the granting of special ig Department. It is understood that conditions, ition of the property. Misstatements upon application mception or variance and a proceeding to rezone the may be terminated only by a written and notarized inning Department. 'THEIR HAND AND SEALS THIS a �P ;,,. /02, -; iea- � WITNESS WrINBSS iwner(s) named above who upon being duly sworn property descri above an �s� ey executed the nbscribed this day of � i'u"-�0-07 — - -° LISACKIM W 00Mk1q N # W 3M arMApd24,210 e�a.anwnwn�ua.*�rs Revised 7/08 1 1 Page 10 of 10 DIOCESE OF PALM BEACH- 9995 North Military Trait . P.O. Box 109650 Palm Beach Gardens, Florida 33410-9650 Office of (561) 775-9595 Fax (561) 775-7035 THE BISHOP February 26, 2009 City of Okeechobee 55 S.E. 3r8 Avenue Okeechobee, Florida 39974 To Whom This May Concern: I, Gerald M. Barbarito Bishop of the Diocese of Palm Beach, hereby authorize Mr. Kevin McGinley of Land Research Management, to submit and represent applications related to the approval of the church expansion for Sacred Heart Catholic Church, located at 90l SW 6'' Street, Okeechobee, Florida 34974. Sincerely urs, ost Reverend Gerald M. Barbarito Bishop of Palm Beach GMB/amr J, m: rwta+tt waswnn esw lDdi '[tispteial .,,�F`y. _Beta :�laa. the �s J. Calid� wl as Bis l of the Drioa in office and assesm, a corporation, sa heretnaftrreallrrl tltr (rrre!llor to T FnW V. M=. as Bishop of the Moo offim and awdgns, a sole whose poslof f is cichlrr>% is 9999 xCwth ilf 1 i t. herrinallm roll.zl the rrramer th, brL.. k,d :eperews��r seal ..-ycr M : Ulttiesst& Th., the grantor. for and in rom r*ahwhlr rrurlsldrrolions, rrrrtp.11 t urrrof b hereby orkn misrs. rrlsnr.Pt. ronve►s an,[ rnnfirms unto the ornntro. Cranlc• I-lnridu. ri=: Begittaitlg at the 9oatisaest Uorzyer og B]1 of 0mad obee, acoOraiM to the plat the of the Merk Of Ci=uit Oft of Omects _ r _ po=t of beginning, the mm rim north ant Bock 250 as emter ded a distance of lA3! ! of way boundary Of Thtffi Street, tit i south bounlary of Third Street, attends eA xm mzth on a line parallel to the ! tract a 8tstance of 1039.6 feet. thence '•s4r• _ of South street a distance of 502.86 fey s-•. la i K Subject to tames for 1984 and mftequen . amseaents and restrictions of record, i E NO TAXABLE CONSIDERATION 7 e with all the tenamsnis, he,udthnnm setae oppastnbnbtg. TO IkK end is Vold, the same in fee Parcel 2 RANCO FORK Cm day of Dew@ A. D. 198 4 by Orlando, 1t46trlts Palm Beach, his sucoessorS in Palm Beach Gardens, M 33410 .0 a,r wa- '.a+c. i.wsmen: aw r , .ri ..:...r of d w sum of $ 10.0G_ and other htreby grants. ba►goins. sells, Arm. re- rertoin land silnote in CL-_ A,..i,_ 250 r 18t Addition to the TOM 2 Oa1 file in the Office : o ntty, Florida, for a the west boialdtsry of said gp, Pon t to the south right • thesloe west along the to : diof 502.86 feet, +— ern boundary of said taD It along north bo xlary to the point of beginning. r if not �'Y", rn "t • t t ^ti opprrdo"Wtces !tarn* be t�mtr ..t Eft forever. 1fllia else grantor hereby covenmsts mttk maid grolile that the maim Is laref>& seised of add lmsd ba fse simple: that the grantor has good right and Lolvi ul wAority to sell orsd sop saran loa4 w d 6we- 67 um mnta the title to said natal and will defend the =a Le ogabut the lawful clabos of all Pesaro 666%bw 67. through or under the sold grantor. Ig WdRM J%Md, the said grantor hn h eunto set his hand and asnl the day and 7mv first alv►re u-nl ler.. Sign . sealed and d ►rrred in our presence: AOMM of t>tlatldo, his Bois STATE OF Fit C WU\TY OF �iALVC ` otr�cer_rblbt J �, ast� O4rll@ Dt % 'in offfim and asa3,gns, a .....r_-L:Cn sc to me known in be the person desedbed in and who ego hdom me that be eateuttd the nut. WITTjBS'S I_my hard and ottttiat seal is the County 7Ur lawriminl pnpamf by: HERLBY CERTIFY that on this day, before me, as > d the rwepin6 kmwnmi sad he aeknowiedsed Stott tax afarnwia skis _ALO day of state of Plarida Notory Pt:�°4� Slat.: of Flatida 8t Jt1+e PA. ray C=`sdysion Ex*es MAY F. 1936 e2L, 2 Bonded 4, American Fire & Cawaky Co. $ _ S.W. 6TH STRA 'I 0 *1 C e 01 SW3 57'W-(, —14W,-07(rj S8M'57"1WCS _ 1411.1DYC1 70' RldiT-de M1YY» 700.24'(C) �~ BOUNDARY 9�K� E02.A6 12 ym 9 NORTH BOUNDARY N aC $ a, UNE(SOUTN STREET) 7 NIlM� 6( Ne9'37'27"E(c) 1411.7B'(C) S. W. 9TH S1 Neoer27•E(6S' iioeaeT(cf'—""—'— —AAM u �u STR -:fz 12 a W i -4R F2fl5 o 61 '- CJ • a y 1E E$a'_� _ M > ul m ! v Nn "VACANT LAND" 70' MONT-W-MAY (NOT Om OR "TROYM) �. 200.00'(PXC) 64 �� am - sm"t -M - wo rwr -k rw - fe o-N — 0." W-* wwnnw ...w .w ,/ L 1 1_ I LA tiM11�1�pe1�MM'MiiM)R�t$0�►�1�'1'r�"Iwir •••••••��••`.�--- 1375 Jac* Street, Suite 206 • Fort Myers, Florida 33901-2845 Phone: 239-334-3366 Fax: 239-334-6384 Staff R�port Rezoning equest 0 Prepared for • Applicant: Petition No. From: To. City of Sacred 09-002 H RSFI M ,M r- ZrM.-F." Catholic Church Staff Report Rezoning Request Applicant red Heart Catholic Church Petition No.: 09-002-R Owner: Bisl Diof Owner Address: 999! Palr Owner Phone Number 561 Applicant Pas - Sac Owner/Applicant's Agent Kevl Agent Phone Number 561 . Agent Fax Number 561 Agent E-mail Irmi( Existi Future Land Use Map Residential Sir Classification Zoning District H a of Property,,,,,.,,,: Houso of V Acreage 12.0 acres Location: 901 S.W. 6th Street Legal Description: BEGINNING AT THE 1ST ADDITION TO THE TO THE PLAT THERE CLERK OF CIRCUIT FLORIDA FOR A P( NORTH ALONG THE V AS EXTENDED A DIST RIGHT OF WAY BOUN THENCE WEST ALON STREET, EXTENDED, SOUTH ON A LINI BOUNDARY OF SAID THENCE EAST ALOI STREET A DISTANCE BEGINNING. p Gerald M. Barbarito se of Palm Beach, Inc. J. Military Trail 3each Gardens, FL 33410 75-9500 Hugh Duffy 1 Heart Catholic Church McGinley 36-2481 31-1551 )ellsouth.net UTHWEST CORNER OF BLOCK 250, )WN OF OKEECHOBEE, ACCORDING F ON FILE IN THE OFFICE OF THE OURT OF OKEECHOBEE COUNTY, 4T OF BEGINNING, THENCE RUN ;ST BOUNDARY OF SAID BLOCK 250 NCE OF 1039.5 FEET TO THE SOUTH ARY OF THIRD STREET, EXTENDED, THE SOUTH BOUNDARY OF THIRD DISTANCE OF 502.86 FEET, THENCE PARALLEL TO THE EASTERLY 1ACT A DISTANCE OF 1039.6 FEET, NORTH BOUNDARY OF SOUTH )F 502.86 FEET, TO THE POINT OF Staff Report Applicant cred Heart Catholic Church Rezoning Request Petition No.: 09-002-R The Applicant requests a zoning change from H (Holding)) to RSF1 (Residential Single - Family) for approximately 12 acres of land located from about 200 feet north of SW 7th Avenue to about 200 feet south of SW 10th Avenue between SW 6th and 9th Streets. The Applicant intends to build a new 500-seat sanctuary on the eastern portion of the property and convert the existing facility to a parish hall. North: Future Land Use Map Classification.Single-Family & Multi-r6`_' r Zoning District: RMF, CLT & H Existing Land Use: VacanJundeveloped and pr'v 1 East: Future Land Use Map Classification: Single -Family, Multi -Family and Commercial Zoning District: Existing Land Use: South: Future Land Use Map Classification: Zoning District: Existing Land Use. - West: Future Land Use Map Classification: Zoning District: Existing Land Use: RSF1 and RMF Child day care/single family residences Single -Family .. PUD-R, Lakehouse � Vacant/undevelopei � Single -Family -_ H Vacant/undeveloped General Comments: The Current facility has been in place for many years and the intent is to replace the current 250-seat church with a new facility capable of accommodating 500 persons. The existing facility will be converted to a parish hall. The overall use of the property will continue to include the various accessory uses including the parish hall, rectory, pavilion offices, etc. The Applicant has submitted a preliminary site plan which indicates that the dome of the new church will be approximately 71 feet in height and the cross at the top of the bell tower will be at a height of almost 98 Y2 feet. A special exception will ultimately be necessary. However, the site plan and design aspects, while informative, should not be a consideration during the rezoning hearings. 2 Staff Report • Rezoning Request Applicant red Heart Catholic Church of Petition No.: 09-002-R Section 70-340 of the Land Development Rei, find that an application for rezoning meets Applicant has submitted a series of respons( review, we have included the Applicant's re bold typeface: 2 191 The proposed use is not contrary to "The proposed rezoning is not contrary tc subject property has a Future Land Use The proposed rezoning from Holding (H) therefore consistent with the Compreher use Element of the Comprehensive Plan county such that "all property in the City Land Use Element". The requested rezo the Comprehensive Plan requirements; r goals and objectives contained therein." We agree with the Applicant's respor only zoning district available without The proposed use being applied for is district in the Land Development Rego "Houses of worship in excess of five (5) District, pursuant to Article III, Division 1, subject property consists of 12.0 acres; 1 planned expansion of the existing churcl requested zoning district." We agree with the Applicant's respor approval of a special exception and t by the TRC to ensure that it meets all The proposed use will not have an "Houses of worship serve to provide rel area residents and are an integral part Heart Catholic Church, a long -establish and will continue to provide these essei which serve the public interest." We agree with the Applicant's respo lations requires that the reviewing body !ach of the following conditions. The addressing these criteria. For ease of ►onses followed by Staff Comments in Plan requirements. ;omprehensive Plan requirements. The �signation of Single -Family Residential. Residential Single -Family (RSF1) is ve Plan. Policy 3.3 of the Future Land gates that the city will coordinate with the zoned in accordance with the Future ig to the RSF1 District is not contrary to her, it furthers the adopted policies, In addition, the RSF1 District is the nding the Future Land Use Map. authorized under the zoning �s are permitted uses in the RSF1 ction 90-120, Code of Ordinances. The efore, the proposed rezoning and specifically authorized under the , but the excess height will require site plan will, of course, be reviewed e requirements applicable to the use. effect on the public interest. ,us, educational and social services to ie fabric of any community. Sacred parish in the city of Okeechobee, has I community services and ministries 3 Staff Report Applican icred Heart Catholic Church Rezoning Request Petition No.: 09-002-R 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The subject property is located in an area characterized as a mix of light commercial (day care use), residential and institutional uses (day care center, school and church). Vacant and undeveloped properties are located north, south and west of the subject property. Several single family homes are located east of the subject property, fronting along S.W. 7th Avenue. Child day care centers are located at the intersection of S.W. 6th Street and S.W. 7th Avenue. The proposed use is therefore appropriate and consistent for the subject property in terms of development patterns in the area and adjacent land uses and is not contrary or detrimental to urbanizing land use patterns. We agree with the Applicant's response. 5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement or development of adjacent property. "The proposed rezoning will provide for the expansion of the Sacred Heart Catholic Church parish and is a logical and orderly step in the development of the property. The proposed rezoning will allow the parish to construct its planned 500- seat sanctuary on the eastern portion of the property which was initially developed in 1961. The proposed rezoning and eventual church expansion will not adversely affect property values or living conditions or be detrimental to the future residential development of adjacent properties because the use is consistent with the subject property's use as a place of worship for the past 48 years." We agree with the Applicant's response. 6. The proposed use can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the neighborhood. "The 12-acre subject site is large enough to provide suitable buffering to adjacent single-family homes to the east and future residential development to the north, south and west. The use is deemed consistent with the adjacent day care center and will not present a nuisance or hazard to the neighborhood. Site plans, architectural elevations and landscape plans will be submitted during the site plan review process and reviewed accordingly to insure compatibility." We agree with the Applicant's response and note that the height of the structure will be considered during a separate hearing on the special exception. 11 Staff Report Rezoning Request Applicant red Heart Catholic Church Petition No.: 09-002-R 7 0 The proposed use will not create a deg facilities such as schools, streets and "The proposed rezoning and expansion Heart parish will not adversely impact p government services due to its non-resi utilities have been deemed adequate to impact analysis confirming consistency as part of the site plan review process." We agree with the Applicant's respor demand for public facilities and servi during the site plan review stage. The proposed use will not create traffic or otherwise affect public safety. "The proposed church expansion will coi concurrency and site impacts, including addressed in a site -specific comprehensi system that insures consistency with apl does not contain wetlands or areas of SE attern that would over burden public services. the long-established, existing Sacred is facilities such as schools, parks or itial nature. Existing roadways and rve the proposed expansion. A traffic h adopted standards will be submitted but note that the specifics of the and traffic impacts will considered , flooding or drainage problems, ly with traffic associated standards for ess to public streets. Drainage will be manner through a master drainage able standards. The subject property ific environmental concern. Public safety will not be affected by the proposoo church expansion." We agree with the Applicant's respoi rezoning to RSF1. The effects of the ment characteristics, and any condit their effects will be assessed during review stages. The proposed use has not been in restrictions. The proposed church expansion will me design regulations and standards of the height restriction to accommodate the a. anticipated and will be addressed throuc We agree with the Applicant's res to the degree that it deals with the �cific use and its specific develop- ; that may be needed to minimize special exception and site plan burdened by unnecessary all applicable land development and y code. Relief from the 30-foot building iitectural dome and bell tower is the special exception review process. Based on the foregoing analysis, Staff recomr nds approval of the applicant's request to rezone the property from H to RSF1. Staff Report Applican icred Heart Catholic Church Rezoning Request Petition No.: 09-002-R Submitted by: James G. LaRue, AICP April 7, 2009 Planning Board hearing: April 16, 2009 City Council Hearings: May 5, 2009, May 19, 2009 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial no Staff Report Rezoning Request 500 Applicant: Sabred Heart Catholic Church Petition No.: 09-002-R FUTURE LA USE SACRED HEART CA LIC CHURCH AND ENV{ NS Sacred Heart Catholic Church U SINGLE - FAMILY J MULTI - FAMILY _ RESIDENTIAL MIXED USE LA COMMERCIAL INDUSTRIAL PUBLIC FACILITIES ib i 194 1, SW 6th St. -------- _....._.._ Subject C 500 1000 Feet SW $ 7 Staff Report Rezoning Request Applicant: S•ed Heart Catholic Church Petition No.: 09-002-R ZONING SACRED HEART CATHO IC CHURCH AND ENVIR S PUD-R/Lakehou se 500 Sacred Heat Cathc is Church 0 H RSF1 RMH RSF2 RMF ® CPO CLT CBD CHV IND r7PUB _] PUD-R PUD-M N 9 i 1 194 1< Sw_8 a 1000 Feet EV Staff Report Applicant: S•ed Heart Catholic Church Rezoning Request Petition No.: 09-002-R Okeechobee County Property Appraiser's Aerial KA S''- NTH -STREET -A�-. #' v a-, S W_9 TH, STREET LL LL - S W_ 10T H REE • RESOLUTION A RESOLUTION OF THE FLORIDA, RESCINDING REST ENTIRETY; ESTABLISHING CITATION REGARDING VIOLATIONS; ESTABLISHI ENFORCEMENT OFFICERS; VIOLATIONS AND A SCF REGARDING THE CITATION FOR THE CITATION PROCEDI TO BE INCLUDED IN THE 0 APPENDIX G; PROVIDING AN • DWIBIT 3 AkY 5, 2009 . 09-08 ClOF OKEECHOBEE, ) ON NO. 01-15 IN ITS A TANDARD FORM OF C DE ENFORCEMENT IN DESIGNATION OF SIGNATING SPECIFIC IE LE OF PENALTIES P EDURE; PROVIDING J S AND FEE SCHEDULE OF ORDINANCES AS E ECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, ac oted by Ordinance No. 782 an alternate method for enforcement of code violatio i in the City by approving issuances of citations pursuant to the authority of Flo ' J Statutes Chapter 162 (21 through 23); and WHEREAS, the enforcement of the City Code 0 Ordinances serves a legitimate public service; protects the rights and respo�l ibilities of all citizens of the City of Okeechobee, and enacting enforcement ures is a valid municipal function; and WHEREAS, the appointed Code Enforcement B rd for the City of Okeechobee, who are charged with the regular and routine h ik of enforcement of City Codes, has requested that the altemate method of a rcement through issuance of citations be approved by the City Council; and WHEREAS, designation of specific violations anti Oschedule of penalties will enhance the ability of the City to enforce its code and p inances; and WHEREAS, in the interest of expediency and ea of amendment as necessary, it is in the best interests of the City to adopt a list of olations with scheduled fines for use in enforcement of codes via citations by r ution, and to include such schedule as "Appendix G" to the City Code of Ordina NOW, THEREFORE, be it resolved before the ity Council of the City of Okeechobee, Florida; presented at a duly advertised p i blic meeting; and passed by a majority vote of the City Council; and properly execi ded by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. Authority and purpose, As provided in F.S. § 162.21 the City of Okeec violations and a standard form of citation for shall contain: The date and time of issuance. 2. The name and address of the 3. The date and time of the civil of Citation. hereby adopts the process for citation code and ordinance violations which to whom the citation is issued. was committed. Page 1 0 4. The facts constituting reasonable 5. The number or section of the 6. The name and authority of the 7. The procedures for the person to contest the citation. 8. The applicable civil penalty if the 9. The applicable civil penalty if the ordinance violated. enforcement officer. in order to pay the civil penalty or to elects to contest the citation. elects not to contest the citation. 10. A conspicuous statement that if the rson fails to pay the civil penalty within the time allowed, or fails to appear ir court to contest the citation, the person shall be deemed to have waived t is or her right to contest the citation and that, in such case, judgment ma r be entered against the person for an amount up to the maximum civil pfpalty. SECTION 2. Designation of enforcement For the purpose of this chapter, the City of Okee0obee hereby designates the Fire Chief, Fire Inspectors, all full-time and part-time coOO enforcement officers and sworn law enforcement officers as "Code Enforcement cers" who shall have the powers and authority to issue citations through the procedu set forth in this resolution and Florida Statute Chapters 162 (21 through 23). SECTION 3. Procedure for issuing It is the policy of the City of Okeechobee, t appointed pursuant to the provisions of Florid violations through the procedures as set out in Wamina notice prior to citation issuance The City Code Enforcement Officer shall code violations as necessary for all City Cc adopted Land Development Regulatiof appropriate. Except in the case of a repe health, safety or welfare, or violation thrf persons or property, the Code Officer sh the violator with a courtesy letter outlininc periods provided for correction of the pr days nor more than 30 days, as deemed violation. Service of warning notice or (1) Written warning notices, if F delivered to the alleged violator absence of the alleged violator, citation may be accomplished by residence with any person residin or older and informing the person c mail, return receipt requested. (2) Issuance of a written warning accomplished by leaving a copy F hours, with any employee and infoi registered or certified mail, return i Each employee of the business i business for service of warning no Ih its Code Enforcement Board as Lutes Chapter 162, to enforce code Part I and Part II of said statute. vestigate, write violations, and enforce as, including land use regulations under and other codes or ordinances as violator or service threat to the public's ening imminent or irreparable harm to first, prior to issues a citation, provide he nature of the violation, and the time ilem(s), which shall be not less than 5 ►propriate considering the nature of the licable, and citations shall be hand the code enforcement officer. In the uance of a written warning notice or wing a copy at the alleged violator's ierein who is fifteen (15) years of age ie contents or by registered or certified Dttice or citation to a business may be the business, during regular business ling the employee of the contents or by ceipt requested to the property owner. all be deemed to be an agent of the es and citation. Page 2 of • • SECTION 4. Criminal penalties; Refusal to Any person who willfully refuses to sign a enforcement officer shall be guilty of a misdem provided in F.S. 775.082 or 775.083. If the person cited so refuses to sign the citatioi the words "Refused" or"Refused to Sign" in the and shall then leave a copy of the citation with Following such refusal to sign, the code enfc Okeechobee Police to report such refusal as Statutes. SECTION 5. Enforcement procedures. 1. In the implementation of enforcement procedures shall apply: Citation. accept a citation issued by a code or of the second degree, punishable as e code enforcement officer shall write ce provided for the personal signature person cited, if possible. officer shall contact the City of in of Section 162.21(6), Florida under this ordinance, the following (a) A violation of any municipal code ordinance is a civil infraction, and the maximum civil penalty shall note $500.00 for each violation. (b) In an instance where the alleged by either failing to appear in court such violation, the maximum pens taking into consideration the facts (c) The designated code officer(s) sh upon reasonable cause to belies violation of a municipal code or c Court together with a copy within (d) (e) (fl The Clerk of Court shall issue to time to appear in County Court tc issuing the notice to appear shall the alleged violator may appear to the violations are civil in nature, the although any violator may retain c the hearing. All parties should be photographs, or documentary evk pertinent to the issue. The Flori proceedings in the County Court. j proceedings should be prepared expense. Upon conclusion of the hearing, the violation, the Court may ass&, costs as may be mandated by rul a finding of guilt shall be a time applicable code or ordinance, not may be granted under extenuatir ordered by the court. Payment of any civil penalty impos Clerk of the Court, who shall fc Finance Department for deposit in - and use by the Code Enforceme entered for the civil penalty, the CI the judgment has been paid, and shall be prepared and recorded i Clerk of the Court may determine ilator elects to not contest the violation before the Code Board, or by admitting ► shall be less than the sum of $500.00, set forth in Section 6. sue a notice to appear in County Court at a person has committed an act in ance, and file same with the Clerk of days of issuance. alleged violator a notice of date and dress the violation. The Code Officer ear in Court on behalf of the City, and sent to, or contest, the violation(s). As lator will not be appointed an attorney, sel at their own expense to appear at Jared at the hearing with any witness, •.e as they may wish to present that is rules of evidence shall apply to all party wishing to retain a record of the retain a court reporter at their own violator is determined to be guilty of addition to civil penalties certain court f court or by State Statute. Included in od to come into compliance with the Kceed 30 days, although an extension rcumstances agreed to by the City or by this Resolution shall be made to the ard the monies collected to the City :he appropriate City fund for distribution Department. If a judgement has been k of the Court shall notify the City when e necessary satisfaction of judgement he official records of the County. The add additional fees to the civil penalty Page 3 of 0 r� u to be retained by the County (g) If any part of a fine or penalty, or should remain unpaid 30 days fro the public records of the Circuit Cc amount(s), which shall be a gei property of the violator, enforceF Statutes. 2. These provisions shall not apply to enfc of the Florida Building Code adopl construction, provided that a building issued by the City. an administrative fee. curt cost, assessed against the violator date of order, the City shall file a lien in t, Okeechobee County, Florida, for such al lien against the real and personal a as provided in Chapter 162, Florida t pursuant to F.S. 553.79 and 553.80 er Section 553.73 as applied to is either not required, or has been 3. These provisions are additional and sup emental means of enforcing municipal codes or ordinances, and may be used in the enforcement of any code or ordinance, or for the enforcement of all c 3 Jes and ordinances. Nothing contained herein shall prohibit the City from enforc r g its codes or ordinances by any other means. SECTION S. Designation of specific To achieve uniformity of penalty and enforcemi code enforcement officer for the City of Okeec penalties for the various code violations listed the code enforcement officer from issuing a Ic this resolution, of up to $250.00 for a first vi( subsequent violations, when considering the f 1. The gravity of the violation and 2. Any actions taken by the violator to letter. 3. Any previous findings of violations or against other properties owned 4. The length of time the violation 5. The degree of co-operation problem(s). and penalties. i the process of code enforcement, the e should observe and follow the listed )after. Nothing shall prevent however, or higher fine, than that suggested by n and up to $500.00 for second and r ria factors: of neighboring properties. the problem(s) after their courtesy such violator on the subject property such violator. by the violator in correcting the The violations listed below by reference to secti n number and description of violation, which is not all-inclusive, may be enforced by issu nee of a civil citation conforming to the requirements of F.S. § 162.21. Any violation not ' ically listed below may be enforced and punishable by a fine of up to $250.00 for t e first violation and up to $500.00 for second and subsequent violations. The citation shall contain a conspicuous sti within the time period prescribed on the cif notice, that such person waives the right to entered for up to the maximum penalty stal DEscRwwN AND ftcm N No. Abandoned vehicle §30-32 Accumulation of garbage, trash, junk and/or debris §30-32 Advertising/illegal §14-291 S 90-563 Page 4 of it that if the violator fails to pay the fine or fails to appear in county court upon rd the violation, and judgement may be allowed. MNMUY MAxI REDUCED PENALTY REPEAT CW PENALTY OFFENSES $25.00 $100.00 $500.00 $25.00 $100.00 $500.00 $25.00 $100.00 $500.00 E • Advertising/on public property §90-563(3) Barrier for a swimming pool not provided or inadequate §90-452 Commercial vehicles stoned in a residentially zoned area §54-51 Construction in the right-of-way without permi §46-42 Damage to City Street or Sidewalk §46-3 Excessive accumulations of trash for pick-up §30-32 Garbage/container required but not provided (residential) § 30-35(3) Garbage/commercial container required but n provided (apartments of 4 units or more) §30- Garbage/Improper disposal (residential) §30-: & §42-31 Illegal dumping §30-32 Illegal signs in right-of-way §90-563(3) Illegal structure §70-251 Improper refuse receptacle and signs for commercial establishments §30-35 Improperly disposing of industrial wastes F.S. 376 Improperly maintained landscaping (traffic hazard) §30-46 Landscaping damaging utilities or drainage 121 Litter (producing or failing to clean up) § 30-32 Noise ordinance violation §30-81, 82 Obstructing the right-of-way §54-41 Obstructing traffic line of sight or control signs §30-465 Business Tax Receipt violation §50-32 Open hole or excavation §46-5 Overgrown lots §30-33 Parades without permit §46-1 Peddling/hawking violation §14-121 Political signs not removed in allowed time § 564(3)(f) Political sign size violation §90-564-(3)(f) Posting of sign or garage sale or other advertisement on City trees located in the righl of way or on other city owned properties §90- 563(2)-(5) $25.00 $50.00 $75.00 $50.00 $125.00 $50.00 $50.00 $50.00 $50.00 $125.00 $50.00 $50.00 $50.00 $125.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $125.00 $50.00 $50.00 $50.00 $50.00 $100.00 $500.00 $250.00 $500.00 $150.00 $500.00 $100.00 $500.00 $250.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $250.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $250.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $100.00 $500.00 $250.00 $100.00 $100.00 $100.00 $100.00 $500.00 $500.00 $500.00 $500.00 $500.00 $50.00 $100.00 $500.00 $50.00 I $100.00 $500.00 $50.00 $100.00 $500.00 Page 5 of • Public nuisance not abated §10-8, §30-43, 121 Raw swage spill uncorrected §58-73 Sale of alcoholic beverages near churches, schools or day care centers §6-2 Sale of alcoholic beverages on Sundays §6-1 Signage §90-565 Signs without permits §90-562 Solicitation in violation of code requirements §14-121 to §14-178 Stagnant water §30-32 Unapproved carnival §90-662 to §90-666 Unlicensed junkyard §30-40 Vacant dwelling unsecured §30-43 Vacant building unsecured §30-43 Visibility Triangle Violation §30-46 Yard Sale in a Commercial or Industrial zone without a permit §90-282 & §90-283 All other Florida Building Code violations §66- Illegal sign structure §70-273 Demolition without a permit §70-251 Working without a building permit §70-251 Mobile home in location other than a licensed mobile home park §70-273 Church without a certificate of use and occupancy §70-273 Violation of fence height restriction in commercial zones §70-273 Erecting fence without a permit (all zones) §7 251 Failure to maintain a building or structure in sah condition §70-273 Failure to comply with lawful stop work order §70-273 Failure to maintain devices or safeguards in good working order §70-273 Failure to remove debris, equipment, material sheds §30-43 Failure to provide required handicapped accessibility §38-31 Hindering or obstructing director or inspector §70-271 Violations of fence restrictions of residential zones §70-273 • $50.00 $100.00 $125.00 $250.00 $125.00 $250.00 1 $500.00 $125.00 $250.00 $500.00 $50.00 $100.00 $500.00 $50.00 $100.00 $500.00 $50.00 $50.00 $125.00 $125.00 $125.00 $50.00 $100.00 $100.00 $100.00 $250.00 $250.00 $250.00 $100.00 $50.00 I $100.00 $50.00 $100.00 $100.00 $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 , $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 $200.00 $100.00 1$250.001 $100.00 $250.00 $250.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 Page 6 of • • Violation of the South Florida Building Code §66-10 Violations in mobile home parks (includes tie downs) §70-273 Violations regarding water connection violas connection violations, any and all violations service within the City are deferred to the O Interlocal Agreement. Violations regards animals are referred to the provided by Interlocal Agreement Section 7. Miscellaneous. Any municipal code or ordinance not spec other code or ordinance, with a maximum for second or subsequent violations. SECTION S. Effective Date. This Resolution shall take effect immediately INTRODUCED AND ADOPTED in regular ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney $100.00 $250.00 $500.00 $100.00 $250.00 $500.00 blocking meters, wastewater iGng with the water and wastewater chobee Utility Authority as provided by County Animal Shelter as 3d in section 6 may be enforced as any $250.00 for first violation and $500.00 adoption. this 5 day of MQ% .2009. _James-E-.-K4F k, Mayor RoT-pw,- C�(-Q f Page 7 of APR& 14, 2009 - CEB REeum MEum - PAGE 2 of 4 • V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on j Code Officer Sterling requested the withdrawal of Case 09-018 Kevin & Melissa Deese from today's agenda. today's agenda. VI. NEW BUSINESS. A. Disposition of Cases presented by Code Officer Sterling : I After Case 09-018 was withdrawn from agenda, there were no cases to be presented. VII. ADJOURN REGULAR MEETING AND OPEN WORKSHOP Chairperson Gamiotea adjourned regular meeting and opened workshop session at 6:40 pm. SESSION - Chairperson. A. Discussion of Citation Resolution 09-07 Attorney Cook began the discussion stating the citation process was actually adopted years ago but was never utilized. The new citation resolution is more detailed than the existing ordinance. He explained it was similar to a traffic citation and would be a quicker process. He said in his opinion certain types of routine cases such as disabled vehicles could be handled more sev through citations. He added. Chlef Smith had talked with County Clerk, Sharon Robertson, and she did not see ---I any problems with the City having citations heard by the County Judge. The County currently uses citations so the process is already in place. In conclusion, Attorney Cook said he did not foresee many cases actually reaching the point of going before the Judge. Member McCreary stated he did not welcome a citation process, he felt the Code Officers could expedite cases quicker and get them to the Code Board sooner. He believes the Code Board should be more actionable with the power they ihave to levy fines & administrative fees. He agreed there could be a few situations citations would be useful and he hoped the, Board could find a happy medium. Chief Smith addressed the Board stating he would like to have the citation process in place jto use it if he needed it. He explained sometimes code enforcement is a little more complicated than it appears. For instance, if a violator does not have the means to comply because of a hardship, this needs to be taken into consideration. On the other hand, a violator who does have the means to comply but refuses to do so could be issued a citation in order to get the violators immediate attention. He added, citations would be another "tool in his toolbox" depending on what type of "tool" the situation called for. Member Murphy suggested some of the burden could be taken off the Code Officers if the Board was able to hear the cases sooner instead of allowing violators so much time to come into compliance. Member Huckabee was agreeable to the citation process if it accomplishes the purpose of helping the Code Officers get their job done more efficiently. At the same time, he believes bringing violators before the Code Board provides protection to the Code Officers by serving as an impartial group to determine the penalty for non compliance instead of one person making that decision. Member Revels felt strongly that APRIL 14, 2009 -CEB REouLAR MEETINo - PAGE 3 OF 4 I citations could be very effective in some cases where immediate action was needed. Especially if a safety hazard was an issue. A. Discussion of Citation Resolution 09-07(continued from She also suggested a trial period to see how the process worked. Member Montesi agreed citations could be useful in some from page 2) situations. She stated she would prefer the ordinance list specific types of cases where citations would be issued, since there appeared to be a difference of opinion on which ones would best suited for citations. Chairperson Gamiotea reminded everyone the Code Board operates at the discretion of the City Council. Therefore, if the Code Board's enforcement measures cause City Council members to be inundated with complaints from citizens, they have the authority to place restraints on enforcement measures if they so choose. He cautioned the Board not to become focused on imposing stricter fines and forget the purpose of the Board which is to get the property cleaned not to make money. He emphasized the citation process was not for every • can but for the Code Officer to use in instances where it would facilitate compliance by the property owner. Attorney Cook suggested the Code Board members write down their comments in reference to the citation resolution and turn them into the City Clerks office. Then if the recommendation is made to have City Council consider adopting this resolution, they would have the Boards comments to look over before making a decision at the City Council meeting. Vill. ADJOURN WORKSHOP SESSION AND RECONVENE REGULAR Chairperson Gamiotea adjourned workshop session and reconvened regular meeting at 8:12 pm MEETING - Chairperson Chairperson Gamiotea called for a roll call vote on whether the Code Board wanted to recommend City Council consider adopting Citation Resolution 09-07. r VOTE GAMIOTEA -YES IRBY - ABSENT HucuBEE - YES MCCREARY - NO MONTESI •YES REVELS - YES SWEDA - ABSENT HUM - ABSENT MuRPHY - No MOTION CARRIED. nfflim 4! MAY 5, 2OW MEMORANDUM OF ERSTANDING This agreement has been made and entered into this 22t d day of January, 2009 by and between Okeechobee County Fire Rescue, hereinafter referred t "County", and City of Okeechobee Fire Department, hereinafter referred to as "City", to establidispatch protocols, first responder responsibilities, first responder qualifications and patie t pare documentation requirements to properly coordinate emergency services at an emergency scene uant to Section 401.435 (2), Florida Statutes. Nothing in this Memorandum of Understanding shall c relationship of any kind whatsoever between the partie DISPATCH F 1. The City will respond to all medical emergenci -- of the City to which a County -ambulance is dis will respond to such medical emergencies with 2. The City engine company will communicate wi frequency in radio language which complies wi - Communications Commission regulations. All EMS -Communications Plan. any type of fiduciary responsibility or vehicle accidents within the corporate limits 1. It. is hereby acknowledged that the City engine company. County ambulance on the County EMS rent local practice and Federal transmissions shall comply with the Florida 3. Communications between the City engine com y and the County ambulance, while either is enroute to a medical emergency, shall occur onl when the patientis unstable or the emergency scene is unsafe and only when such communica ' n can be expected to positively affect the outcome of the patient of further ensure the saf of responding personnel. FIRST RESPONDER 1. If the City engine company is first to arrive at tl a emergency scene and the scene is not safe, the City shall immediately advise the responding Cot rity ambulance of the unsafe condition(s) and initiate efforts to make the scene safe. 2. If the City engine company is first to arrive at tt a emergency scene and the scene is safe, or is made safe prior to arrival of the County ambulance, C personnel shall begin patient assessment, observing universal precautions and initiate app x priate treatment. A) If the patient is determined to be unstable, Ci personnel shall initiate appropriate treatment and advise the responding County ambulance of the avorable conditions. b) If the patient is determined to be stable, City advise County personnel of conditions upon the 3. Following arrival of the County ambulance at treatment and preparation of the patient for tr, 1 shall initiate appropriate treatment and at the emergency scene. emergency scene, City personnel shall assist with Drt as directed by County personnel 4. All on -scene treatment shall be rendered in ace4r#ance with County EMS protocols FIRST RESPONDER O(JALIFICATIONS All persons functioning as first responders pursuant to 1. 2. 3. Be certified in the State of Florida as an emerge with the 1998 US DOT National Standard Curri which meets or exceeds the requirements of the Responder Training Course; _ Have successfully completed a course which Vehicle Operators Course (EVOC); Maintain competency through continuing em( four (24) hours per year of in-service training -- PATIENT TREA The City will document. patient condition(s) found and -arrival of a County ambulance at all medical emergenc said documentation shall be made available to the Cow COORDINATION WITH EMS personnel (including first responders) shall: 1. 2. 3. 4. Upon arrival, obtain an initial report on patient -officer, Comply with law:enforcement requests with Maintain the integrity of a known or potential c the patient treatment results in alteration of the scene law enforcement officer of the nature of Draw blood for forensic testing (paramedics officer. The paramedic will adhere to chain- as requested by the law enforcement officer. Memorandum of Understanding shall: medical technician or paramedic in accordance an or have successfully completed a course 9 U.S. DOT Emergency Medical Services First or exceeds the requirements of the Emergency cy medical education, to include at least twenty - County ambulance. ATION -- ftent by first responder personnel prior to i which the City has been dispatched. A copy of within 24 hours of the incident. W ENFORCEMENT scene status from the on -scene law enforcement to scene control; : scene that may require further investigation. If ;ical scene, EMS personnel will advise the on- alteration(s). at the request of the on -scene law enforcement ;tody procedures applicable to blood tubes and kit This Memorandum of Understanding shall become eff parties and shall remain in effect until ten (10) days fo] County or City. �S-z - Clif Betts, Jr., Chairman Board of County Commissioners Date: Sharon Robertson, Clerk Board of County Commissioners Date: I I Nick A. Hopkins, Chief Okeechobee County Fire Rescue Date: Reviewed For Legal Sufficiency JAN $ 0 2000 OKEECHOBEE COUNTY ATTORNEY DATE ve ten (10) days following its execution by all vmg written notice of termination by either the James E. Kirk, Mayor City Council Date: Herb Smith, Chief Okeechobee Fire Department Date: F"IBIT 7 MUTUAL AID (AME COMBINED OPERATIONAL ASSISTAN This Amended Agreement is entered - -- Agreement was -entered into on an 25day dme t� 22°d day of August 2001, and ("Sheriff s Okeechobee County Sheriff s Office ("Police Department"), hereinafter referred t Enforcement Agencies" . This Amended Agreement is made as r the applicable Florida Statutes related to terms of County Commissioners). WHEREAS, the undersigned Law other that it is to the advantagesources to ad enforcement service a. Intensive situations incluc Florida State Statutes, Section 252.34 (3), b. Continuing, multi ji urisd public peace and safety and preserve the WHEREAS, the Sheriffs Office State Statutes, Chapter 23, Part L Flori a. Requested Operational assistance in law enforcement intensive b. Voluntary LooP enforcement nature that crosses j NOW, THEREFORE, the Law SECTION U. PROVISIONS FOR The aforesaid Law Entorcei whereby each of the Agencies may EMENT �Dj AND VOLUNTARY COOPERATION on the 22°d day of April 2009 (Original ,1995, with an Am 20d 5'j �enteredinto-onthey and between the 7d' day of January0 Mee") and the Okeechobee Police Department ,tPr�han�eably, as the "Parties", or the "Law ired by Section X of this Agreement, pursuant to constitutional office (Change: Chairman, Board PALS, ;ement Agencies are so located thelation to each form of law wive and extend mutual aid ly respond to: but not limited to, emergencies as defined under ial law enforcement problems, so as to protect the and property of the people, and; Police Department have the authority under Florida teal Aid Act, to enter into: sistance Agreements for the requesting and rendering of tuations and emergencies, and; lines. for assistance of a special or routine Agencies, as the Parties, agree as TIONAL ASSISTANCE Agencies hereby approve and enter in' est and render law enforcement assir -1- ♦. 0 H 0 emergency situations to include, but not necessarily limited to dealing with civil disturbances, large protests or demonstrations, aircraft disasters, fires, nil ural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROVISIONS FOR VOLUNTAI a. In addition, the Law Enforcement Agenci whereby each of the agencies may also request and in dealing with any routine or special law enforcerr including, but not necessarily limited to investigati burglaries, larcenies, gambling, motor vehicle theft investigations, and drug violations pursuant to Flc b. It continues to be the primary intention provisions of this Agreement are entered into for Okeechobee Narcotics Task Force (hereinafter r narcotics violations. SECTION III: POLICIES AND PROCEDURE a. In the event that a party to this Agreem authorized representative of the agency requiring ass his/her designee from whom such assistance is requ representative from whom assistance is sought sl available resources, consult with his/her supervisor he/she deems appropriate. The agency head's der assistance requires the crossing of jurisdictional lir requesting agency head or its designee prior to or as crossed. b. The manpower, resources, or facilities tl, under the immediate command of a supervising o Such supervising officer or assigned officers (if th direct supervision and command of the agency assistance. c. The manpower, resources, or facilities tha for the purpose of forming and sustaining the Task F under the immediate command of a supervising of supervising officer and the assigned officers shall bi the agency head, or designee. —2— COOPERATION ereby approve and enter into the Agreement der law enforcement assistance to the other matters, or violations of the Florida Statutes Lomicides, sex offenses, robberies, assaults, ackup services during patrol activities, joint L State Statutes, Chapter 893. Parties that the Voluntary Cooperation pose of sustaining the joint city -county to as the "Task Force") to investigate it is in need of assistance as set forth, an .ance shall notify the agency, agency head or -d. The agency head or authorized agency .l evaluate the situation and the agency's if necessary and will respond in a manner .ion in this regard shall be final. Where the assisting agency agrees to notify the )on as possible after jurisdictional lines are assigned by the assisting agency shall be designated by the assisting agency head. no supervising officer) shall be under the , or designee of the agency requesting assigned by the parties to this Agreement to investigate narcotics violations shall be designated by the Sheriffs Office. Such ler the direct supervision and command of d. Should any other violation of the Florida St. Ltutes occur in the presence of said officers representing their respective agencies who are wor I c ng in furtherance of this Agreement or in conjunction with a requesting agency, they shall fie empowered to render all enforcement assistance necessary and act in accordance with law SECTIGNIV: --POWERS;--PRIVIIJEGES, a. Members of either Law Enforcement A cooperation and assistance outside of the jurisdicti( terms of this Agreement shall, pursuant to the provisi have the same powers, duties, rights, privileges and duties in the political subdivision in which normally AND --COSTS - .y, when actually engaging in mutual limits of the assisting agency under the of Florida State Statutes, Section 23.127, iunities as if they were performing their b. Each Law Enforcement Agency agrees to ftl ish the necessary equipment, resources and facilities and to render services to the other parry tote Agreement as set forth above; provided however, that no party shall be required to deplete unreasonably its own manpower, equipment, resources, facilities, and services in furnishing mutua.. aid. c. During the operation of, or in furtheranoc of the Task Force formed by the Law Enforcement Agencies, the Sheriffs Office will provide wireless communications and law enforcement radio communications to the assisting officer from the Police Department. d. During the operation of the Task Force fo ed by the Law Enforcement Agencies, if vehicles are seized and awarded to the Sheriffs Office during the period the Task Force is in existence, the Sheriffs Office, at its discretion, shall permit the assisting officer from the Police Department to use an assigned vehicle for and in futtlierance of Task Force operations. e. The Law Enforcement Agency furnishing equipment pursuant to this Agreement shall bear the loss or damage to such equipment and shall any expense incurred in the operation and maintenance thereof. IT f. All the privileges and immunities from lia rules, and all pension, insurance, relief, disability, w benefits which apply to the activity of such officers, performing their respective functions within the terri shall apply to them to the same degree, manner, and while engaging in the performance of any of their f provisions of this Mutual Aid Agreement. g. During the course of, and in furthe Okeechobee Narcotics Task Force, the Sheriffs —3— , exemption from laws, ordinances and s compensation, salary, death and other s or employees of any such agency when limits of their respective public agencies it and shall be paid by his or her agency )ns and duties extraterritorial under the of the operations directly related to the shall pay the salary and any overtime for • the officer assigned to the Task Force by the Po Office of the salary and overtime, however, s employee. department. The payment by the Sheriffs not make the assigned police officer an h. Nothing herein shall prevent the request' g agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency- for any actual costs or expenses-iri urged by the assisting- agency per fdrtning hereunder when assistance is requested under SEC I N I of this Agreement. The provisions of this section shall apply employees, as applicable. SECTION V: REIMBURSEMENT FOR a. The Parties acknowledge and agree, with rf to SECTION II as it applies to the Task Force, that expenses incurred by the assisting agency other than assigned from the Police Department for services reL however, shall not be interpreted to prevent the requi for any costs or expenses of the operation even if t there from. b. In addition to the relevant terms and or payable to an assisting police officer(s) includi insurance, retirement benefits, matching FICA, and I Police Department for and during the officer's parti c. The Parties acknowledge and agree that pursuant to SECTION I, as it pertains to emergen reimbursement for investigative expenses including other incidental expenses reasonably incurred by t assistance. If investigative expenses are too incureei the assisting agency shall first obtain the prior writ which shall ultimately bear the investigation expen: do not include compensation to employees or overl SECTION VI: INDEMNIFICATION The Parties agree, with respect to any suit or acts, omissions, negligence or conduct of such Parti4 rendering aid pursuant to any provision of this Agree the other participating Party and its appointees or et ME equal effect to paid, volunteer, and reserve AND EXPENSES -.ct to any aid or services provided pursuant .re shall be no reimbursement for costs or salary and overtime pay due to the officer i directly to the Task Force. This provision, ng agency from agreeing in advance to pay assisting agency or its employees benefit of Section IV (incl), all other benefits due but not limited to, professional liability h/dental/life insurance shall be paid by the in the Task Force. th respect to any aid or services provided s, the assisting agency shall be entitled to .it not limited to, car rentals, hotel rentals, or assisting agency in providing operational the assisting agency under this subsection authorization from the requesting agency Reimbursable expenses under this section e pay. aim for damages resulting from any and all awn employees occurring while engaging in Lent, to hold harmless, defend and indemnify iloyees, subject to the provisions of Florida • • State Statutes, Section 768.28, where applicable, ar the defense of any suit or claim to which said duty SECTION VII: INSURANCE Each Party, respectively, shall secure and prc - one or -more-of the means specified -inFlorida Sta amount which is, in the judgment of the governing the risk to which the party may be exposed. Should any party be canceled or undergo material chanj Agreement of such change within ten (10) days of n change. SECTION VIII: FORFEITURES, EVIDENCE, a. All evidence seized by the Task Force shall that such party shall have control of ify applies. e satisfactory proof of liability insurance by tatutes, Section-768.28 (14a ml4d)jn an y of that party, at least adequate to provide insurance coverage, however provided, of that party shall notify all Parties to this pt of the notice or actual knowledge of such OTHER RECOVERIES secured and stored by the Sheriffs Office. b. In situations where contraband, currency, cr other property is seized by any member of the Task Force, or otherwise during situations involving operational assistance or voluntary cooperation, the Sheriff s Office is granted the authori and right to institute forfeiture proceedings on behalf of the agencies and Task Force. c. Currency awarded shall be distributed betty, -en the agencies as follows: Sheriff s Office (80%) and Police Department (20%) of the currency rc maining after deducting expenses related to forfeiture proceedings and the recoup of any funds rt c uired to pay to participate in any federal or state program, or grant related to the Task Force, or I te activities resulting in the seizure. SECTION IX: LOST OR ABANDONED Should any lost property, abandoned propert defined by law, be found, located, or seized by f Agreement, both Parties further agree to dispose of The net proceeds from such disposal, after all exp agencies as follows: Sheriff s Office (80%) and Poli to this disposal procedure may occur with mutual w SECTION X: EFFECTIVE DATE This Agreement shall take effect upon exec officials and shall continue in full force and effect required by any applicable Florida Statutes related -5- TY or unclaimed evidence, as those terms are ier party during the performance of this id property through public sale or auction. ses, and shall be distributed between the Department (20%). Individual exceptions ten consent of both Parties. and approval by this hereinafter named terminated by any of the Parties, or as ns of constitutional office. 0 SECTION XI: CANCELLATION This Agreement may be terminated by any party or Parties. IN WITNESS WHEREOF, the Parties specified-.- - Ho orable P 1 C. May, Sheriff Okeechobee County Dated: 4 - ,�i - D q Honorabl lif Betts, , Chairman Board of County Commissioners Okeechobee County, Florida Dated: q - zi _ 0 9 r-2 E 7 upon delivery of written notice to the other these presents to be signed on the date Dennis W. Davis, Chief Okeechobee Police Department Dated: 4-�S-69 Hor! able James Kirk, Mayor City of Okeechobee, Florida Dated: -. s • Dmisrr 6 AlAY 5, 2009 Okeechobee 55 Souffool 3- Avenue * Okeechobee, R 34974 * W-7M3.3372 Complete entire application with all applicable attachments and Departments will be contacted to sign the application. The 4M notified of the meeting date. Please note this application will cc application should you request the sidewalk only. Name of Applicant Address Phone(s) TEMPORARY STREET ANIO 06, Ole �+JA r i rft. n 3a.3 0 • Po r-r Name of Property Owner Address Street to be Closed Date to be Closed Time(s) to be Closed Purpose of Closing Attachments to the Office of the City Clerk The City is then forwarded to the City Council. You will be h a City street and sidewalk There is a separate DEWALK CLOSING I Today's Date 13 %.-13 / V q IFax No. 171, 3 -,9 & /9 r 1 Phone(s) 1743 - 3 3 7a- 4-6A )0 PAC aq C,ie oss nghier7hB 4C 6-V6,JT ❑ Original Signatures of all residents, perty owners and business owners affected by the street closing stating whether they a rove or object. This can be done on one Gst. Make sure if it is a business that the namethe business and the owner Is legible. If it is a resident make sure the name and ress is legible. (Required of all applications). 19 Copy of proof of insurance. ❑ If any items are being sold on City attached for each business partidi ❑ State Food Service License If ❑ State Alcoholic Beverage License. beverages on City property, this In $1,000,000.00, required of all applications). or sidewalk then a Temporary Use Permit must be Permits can be obtained from General Services. can only serve on private property. No alcoholic streets and sidewalks). 1W Clean up Is required within 24 hours. ow No alcoholic beverages can be consumed or taken o on City property, streets or Sidewalks. iw No donations can be requested If any type of alcohe unless you possess a State Alcoholic Beverage Lice outside consumption licenses. You must have the r 1' The City Public Works Department will deliver the al set them out and take them down at the appropriate MW Dumpstem and port-o-lets are required when closin! beverages are served on private property/business L Please note there are inside consumption and ropriate license. barricades. The City Police Department will street for more than 3 hours. r. • . • PUBLIC WORKS Aao-r— DEPARTMENT 11-1"04 nnie Robertson. Public Works Director Authorized.Signature Date ped Name & Title . POLICE DEPARTMENT 41-torazed Signature FIRE id Signature I?Onnv Davis. Chief of Police Date ped Name & Title c rb Rini tr . Fire Chief Date ad Name & Tine Occupational and/or Stale License Verified: ADMINISTRATION #-016-09 H,rian..Whi hall, city Administrator A o dSg Pat; �ped Name & Title CLERK'S 1 D . OFFICE SI.L d"60L-1 4/a119c6p, �ted e Gamiotea. Ciiv Clerk Authorized Signature Date Name & Title APPROVED/DENIED BY COUNCIL ON: Revised irroM ,, ... ti.... N AVE t0 LL („ fb rn C" � 1p �! rn IA J, tD f7oJ+lu w I w _• w iz1 NW 6TH AVE V L4M V .cn Of V O ' lA NU0ca tD 03lGl.+l j t N f `o NW 5TH N Am V co ED N I fn w 1. 04 CA 0 o ( w ` Juj N � � N N k:LJE:- �Flm ��PN m Svc �yyl, cn rc c, Nco co cn la In p In w '{ L, N W J wJ •NLl S� 3rd Arc. I .� cn -a rn 03 LP tJs co fl A 1 w Q Li Mt J[ l.+ O N _ N N s iJ j Ay/� N N V CT V Qi tD s lb lD co ib f two # rn to � N i0 N • I -' w N '[JE4P- L+ N I-11CII-ftll Sour Pa.rra Patnul, • CA V Ir to l7D V Us � fA fJ� ? I+IL-1-1 113IC01+1( w CAIrrl f"+•7 N N ~N EqV -+ }+[,+ lb lA lh CDt N C� C two�• ? U7 p t N N ► NE 3RD A' C o, v rn a j c to In 10, 11 to I m REVISED - EXHIBIT NO. 6 . City of Okeechobee_ 55 Soutfh#ast 3-Avenue * okeechohee, Florida 34974 # 863-763.3372 Complete entire application with all applicable attachments a Departments will be contacted to sign the application. The a� noted of the meeting date. Please note this application will application should you request the sidewalk only. TEMPORARY STREE� Name of Applicant Vebnl� r' J r i Address 3X 3 IJ - Pa-r Phone(s) 7 3 Name of Property Owner Address 5e, 3 Street to be Closed 4 ` A^.e. Date to be Closed JwV,W_ (pl Time(s) to be Closed Ara — Purpose of Closing Attachments ❑ Original Signatures of all residenl street closing stating whether the, sure if it is a business that the na resident make sure the name an( Copy of proof of insurance. (Mini ❑ if any items are being sold on Cip attached for each business partic ❑ State Food Service License if sell ❑ State Alcoholic Beverage License beverages on City property, this it Clean up is required within 24 hours. No alcoholic beverages can be consumed or taken u� No donations can be requested If any type of alcot unless you possess a State Alcoholic Beverage t.ic outside consumption licenses. You must have the The City Public Works Department will deliver the i set them out and take them down at the appropriat Dumpsters and port-o-lets are required when closii im to the Office of the City Clerk. The City ion is then forwarded to the City Council. You will be both a City street and sidewalk. There is a separate I SIDEWALK CLOSING Today's Date 13 /.-;L,3 A 9 9 I Fax No. 176 3- D !r ! 9 V46r, C-ko b t,-e-, �e-- I Phone(s) 17b.3 - 3 3 7a�- b-I A � 4 S PAC D Gj Al iroperty owners and business owners affected by the )prove or object. This can be done on one Jist. Make of the business and the owner is legible. If it is a (dress is legible. (Required of all applications). $1,000,000.00, required of all applications). or sidewalk then a Temporary Use Permit must be Permits can be obtained from General Services. can only serve on private property. No alcoholic streets and sidewalks). on City property, streets or sidewalks. beverages are served on private property/business L Please note there are inside consumption and ropriate license. barricades. The City Police Department will the street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT Authorized. Signature POLICE DEPARTMENT ut orized Signature FIRE DEPAR riled Signature �f-1-off Date S1.&-of Date �i wladd�� � J Date nnie Robertson. Public Works Director red Name & Title . nnv Davis. Chief of Police red Name & Title r'h Gm; t", _ Fire Chief rped Name & Title Occupational and/or St� a License Verified: ADMINISTRATION ?110 #-OQ6�09 Brian.. WhLiehaii. city Administrator A o l d Sig ature #/ae i yped Name & Title CLERK'S wou w UQUALhW OFFICE sku dfta6, - al g Authorized Signature Date APPROVED/DENIED BY COUNCIL ON: !Lane Gamiotea. City Clerk Typed Name & Title Revised VOSM DMIM 7 Ah 0 55 Complete entire application with all applicable attachments and Departments will be contacted to sign the application. The appl notified of the meeting date. Please note this application will co application should you request the sidewalk oniv. TEMPOI Name of Applicant Address Phone(s) Name of Property Owner Address Street to be Closed Date to be Closed Time(s) to be Closed Purpose of Closing Attachments BW ow ow ow ow ;ARY STREET AND First Baptist Church 310 SW 5s' Avenue 863-763-2171 City of Okeechobee � 55 SE Xd Ave., Oke� SW 3'd Street, Vh Av July 13, 2009 throu� 4:30 p.m. - 9:00 p.m Sports Camp ❑ Original Signatures of all residents, I street closing stating whether they al sure if it is a business that the name resident make sure the name and ac LYJ Copy of proof of insurance. ❑ If any items are being sold on City attached for each business Darticii ❑ State Food Service Ucense if selling ❑ State Alcoholic Beverage License. beverages on City property, this incli Clean up is required within 24 hours. No alcoholic beverages can be consumed or taken of No donations can be requested if any type of alcohol. unless you possess a State Alcoholic Beverage Licer outside consumption licenses. You must have the al The City Public Works Department will deliver the apl set them out and take them down at the appropriate t Dumpsters and port-o-lets are required when closing �,, �,� nMAY $, 2009 Avenue * Okeechobee, Florida• 34974 e3 e to the Office of the City Clerk. The City Is then forwarded to the City Council. You will be h a City street and sidewalk. There is a separate DEWALK CLOSING I.O.C. I Today's Date 1 4/3/2009 kee., FL 34974 I Fax No. 1863-763-8904 FL 34974 I Phone(s) 1 763-3372 ue and 41 Street (re-route traffic) July 17, 2009 ,,f y owners and business owners affected by the or object. This can be done on one list. Make business and the owner is legible. If it is a Is legible. (Required of all applications). ,000,000.00, required of all applications). or sidewalk then a Temporary Use Permit must be Permits can be obtained from General Services. can only serve on private property. No alcoholic streets and sidewalks). City property, streets or sidewalks. verages are served on private property/business Please note there are Inside consumption and )riate license. ,late barricades. The City Police Department will street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT Authorized - Mg ature POLICE DEPARTMENT Authorized Signature FIRE DEPAR I thonil Signature 1 44--/-, e�" - o �; Date Date Date Occupational and/or Stat ADMINISTRATION rr /D5F Brian.. Whit Auth d Slyiature Dat CLERK'S OFFICE v(Jftn`TQ.k- Authorized Signature APPROVEDIDENIED BY COUNCIL ON: Ravised i MS/M r Annie Robertson. Public Works Director med Name & Title . L annv Davis. Chief of Police (ped Name & Title .r Rmi t'h _ Fire Chief ad Name & Title License Verified: 11A -a9 1. city ' Administrator Name & Title Gamiotea. City Clerk i Name & Title s y S 31 17 T D CRY Cma Mlg 6 prn 9 NO - CEB Nita nmlBIT 8 MAY 5, 2009 Jyne 2009 1 W T F S 3 4 5 6 Lastdaycff Reads FM Hones In the Sdhool Schack Out Perk -Red Caioart Crow 10 11 12 13 14 15 1 17 18 D" Recomed TRC MIG wn Canceling 1O IB Flog PelBory this Reg ORB M19 CC 6 PM 21 22 23 24 25 28 29 30 1 2 Lane aM nding the Annual Clerk's Cad wence June - July 9. 5 6 7 8 9 rsmwa"M, gM1f®MOIi GMi� 1�YIEIs � m FAM 19 S 26 3 pw-� 4 Wr J* S Y T W T F 8 B Y T W T F 8 t a 12s 3 4 a s 7 s 8 8 7 8 81811 jojj==j4UjW WISMISMIFIN inumtta mossiftast eases assasl � u v 2009 S M T 26 129 130 W T F 1 2 3 Lane Aft dft FACC Cc nferwm thm ui 1 6 s 0 8 9 Re=Wd mtg 12 13 14 15 16 cEs Mig TRc MID W-W pm 10 am PBAXW MB MIO 6 PM 19 20 22 23 city council mig 6 pm 26 27 28 29 30 oi I k 2 13 14 5 16 OAW I IN w 7WJKYY 70 JEFF= MiA%MM otserve Day 10 117 24 31 18 25 1 m Aln.e 'WTFS1 I ISYTWTF6 :34 5 10"1= l34567 al ■1o11111=14 ialas v"Un t ! usaas >t 26 2 9 16 M 2 3 10 • T W T 28 129 30 w 5 6 Recom'd Canceling ttds Reg CC 11 12 13 No CEB MIg 19 20 City Council rna tag mig& loam Budget PB/B AMB WadwhoP s pm 25 26 27 30 31 2 FSUN A AROMW 4 A6VW IS MU M A 1 IMO' S BAR M6EYMNOL • t 200J 31 17 14 21 28 w- WTF8 1 23 0 01011 Muir? =0>Q:s. 3 8 15 22 29 NOW W T F 8 2 3 4 071011 on:IH78 0 City of Okeechobee 55 SE r v Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863-763 3372 Fax 763-1686 email: hitehall(i4citvofokeechobee.com DATE: May 5, 2009 TO: Mayor and City Council FR: Adm. Whitehall RE: Agenda issues Please add: • Kav Brewer, 201 NE Wh Av, a concerns with the `Family Part, Sunday, 5/3/09. I've copied hi documents for you • I contacted the owner Jesus Lt and he plans to be at the meetir publicly apologies". For clarification on the Vendor Ord A attached to the back of same adding ` 55v� f�gendc, appearance to address his Children's Festival' held [nest and supporting 11 as a matter of courtesy, his words, "would like to 4, pls note the language ional business' Chief Smith is sick and Asst Chief B' Douglas is in attendance, but also Code Officer Fred Sterling is here and I would like to give him a minute to address the Coun it about Resolution 09-08, the Citation process. rage i of i Lane Gamiotea From: "bwhitehall"<bwhitehall@cityofokeechobee.com> To: "Clayton Williams" <clayton@bergerrealestate.com>; "Lowry Markham" <lowrymarkham@embargmail.corr <bclement@cityofokeechobee.com>; "Sharon Allison <rbrock@cityofokeechobee.com>; "Patty Bumette" <1 <obemmudez@cityofokeechobee.com>; "Melisa Eddir <Igamiotea@cityofokeechobee.com>; "Kim Barnes" <iriedel@cityofokeechobee.com> Cc: "Robin Brock" <rbrock@cityofokeechobee.com> Sent: Monday, May 04, 2009 9:23 AM Attach: Fiesta 2009 05 03.pdf Subject: addition to 2009 05 05 agenda I'm attaching the Agenda request form along with the app use permit' relating to a complaint about the fiesta that oc yesterday. I'll provide hard copies of same at the meeting. Thanks. NOTICE: Due to Florida's broad public record laws, this subject to public disclosure. Brian Whitehall, Administrator City of Okeechobee 55 SE 3rd Av Okeechobee FL 34974 863.763.3372 ext-212 Watford"<dowlingwatford@okeechobeeford.com>; Kirk" <jamesekirk@comcast.net>; "Betty Clement" i@cityofokeechobee.com>; "Robin Brock" 1_cityof6keechobee.com>; "Oscar Bermudez" dings@cityofokeechobee.com>; "Lane Gamiotea" D.cityofokeechobee.com>; "India Riedel" 'temporary be 5/4/2009 � �KNlfSi% q tag 5 Mtcfin13 44d CITYC�F77 OKEECHOBF.E AGENDA ITEM U< PLEASE SUBMIT COMPLETED FORM TO: CTIY ADMINISTRATOR'S OFFICE 55 SE 3" AvENUE Olwcm rj, &ORiDA 34974 NAME: �-v ADDRESS TELEPHONE: c- 5� MEETING: REGULAR ® SPECIAL ❑ wousill PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED PLEASE STATE WHAT DEPARTMMT(S) YOU HAVE WOl r i PLEASE STATE DESIRED ACTION BY THE CITY COUNC PLEASE SUMMARIZE PERTINENT INFORMATIO APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE; PLEA APPROVED BY THE MAYOR. SIGNED BY: 763-3372 FAX (863) 763-1686 5T FORM_ (, v C 4 t ❑ DATE: / `� /0 / i THE CTTY COUNCIL AGENDA: N CON G YOUR REQUEST AND ATTACH / TO TEN MINUTES UNLESS OTHERWISE DATE: City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, Florida 34974 (863) 763-3372 Temporary Use Permit Permit Number. 09-005 Permit Expiration: Mav 3. 2009 12:00 A. M. Property Owner. Jesus Luna City: Okeechobee Applicant Nicolas Garcia Phone Number. 863-697-1117 Current Zoning: CHV Subdivision: City of Okeechobee Date(s) of Event: Mav 3. 2009 Purpose of Request: Familv Partv and Children's Festival Address: 025 NE Park Street. State: Florida Zip Code: 34974 Applicant's Address: 3671 NW 2e Ave, Address of Project 104 NE a Street FLU Designation: C Restrictions/Remarks: Owner understands and agrees to the following: • Issuance of a permit may be subject to other conditions and time limitations. • Issuance of a permit is not authorization to violate public or private restrictions. • Failure to comply with applicable regulations may result in withholding future permits. • There may be additional permits required from other governmental entities. I certify that I have examined this permit it is correct and I will abide by its reouirements. A) ZrO&5, cr1-Q Applicant Signature PC eneral s�tor Signature REF: .ORD.716, Temporary Structures 7 -pcl Date CITY OF OBEE • General Services Room 101 55 Southeast 3" Avenue Okeedw6ee. FL 34974 Phone: 963-763-3372 ext. 218 Fax: 863-763-1686 % DATE ISSUED _. __ ...... . _ ..._ cnTeRtt�lveD�._ • q-o°I — 3/3ojo y , /1PPucA71DN NO O cj .cos mwis) of EvENr: r t 0if ff Non-�ivlc Orasntzatlon TBaPORAM USE PWWr APPUCATHM - 0*MM 1 MPOfiARYSTRUCTURES sEc11640. ' Name of Property Owner(s):-- Add— TelaphoneNumbara Hn �an�y63!<!7 MobBdCaI6j Y37zPagan: Name of Appk86 Address: ao g 7, Tebofuonet Hone: _ _Waft — MohBeJ��441V//-) aNT.. Frr� Land Ulm Map Dealgrtallor: �;. J �//� -- Conant zf ZonFtges Dignetln: o I Le Description of Property Address of Properyr: `.2S hit 9 Plows Explain Type of Use: Briefly deaerila use of adjokrkng pmporty �` ` NoM: -q 4ai.�y East w.as`rr'.�ri South: � '� �u�fC f West Dow temporary st ucture$ MAge to the tdbwfng mgulationr rL t. Christrnas tras, firewolxs and similar seasonal Was operated by a non-proM arpsMation d 2 CwnWal, dress, fair or other spa" avant operalsd by a norrprof t agarrt elon on err abu principal use.. 3. CommerdN carnival, c1 , or fair In commercial or Industrial dbbfcts. - 4. Simmer temporary structures where he period of use will The applicant shaft 1. Submit proof of liability In suram, paid In he eovefkp the period for which an permit is fat mk*num amount of SIXG.0011.00 par occurrence. 2. Remove 1111 dobrb within 48 hours of expiration of parMi 3. Ham nola I d written permission of property owner, I appleaM Is not he properly owner, 4. Submit Site Plan S. Submit Stain Inspection CarttBpls(s) PL Submit State Annual Permit. 7. Co-W of origin Sumb— Ten Reeeis MITI). i hereby corw that the Momna ion on this epptieatkrr Is comet. The kdonnelon Included in this applies Bon Is City of Okeechobee In proosssing my request. Falas ormisleadhg Inimmeth n maybe punishable by a fine of and asneM of up to pulgyxdiya and nw result to the summary denial of Of applmtbn. \� 3 Siprralure of ppemnt Dale City staff (Please review the aop", attach comments ors arndliaa): OoFUonel and/or Stats Uxanse Verification: Dale Fir: Department Approval: � � Dale:^ Pike Department Approval. • / Dater Public works Department App vv*. / Data sr n�kapectorApproval: Dole://� �Ity Administrator Approval: ��' I D*) t % 1 In he Festival Dia Del Nino (Chiidren's Day) On May 3, 2009 we will be having a Family Festival on 625 NE Park St Okeechobee,Fl 34972. We will be having clown shows,magicians,band music and some moon walk's for the kids. We will be giving the kids free ballons and toys from donations. It's a Family event and the admission is free. Everything will be expected to start around 3:OOpm and will end around 7:OOpm. Thank you. AACORy_ CERTIFICATE OF LI*ITY INSURANCE PRODUCER THIS CERTIFICATE IS IRS ONLY AND CONFERS NO fA1j Perry-Redish Agency HOLDER. THIS CERTIFICA 909 S Parrot Ave Suite A ALTER THE COVERAGEA, Okeechobee FL 34974 1 Phone:863-763-0010 Eax:863-763-0031 �INSURERS AFFORDING CO� Ir43URE0 INSURER A: Pmna Amer INSURER B AZt� Ca 9 3 Inc � INSURER C � 8690 NE 12th Tine JINSURER« Okeechobee FL 34972 I wsuase e I COVERAGES TINT POLICIES OF INSURANCE USTEDBELOw HAVE MEIN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN01 ANY REOIANEMENT. TERN OR CONDITION OF ANY COIMACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF1C/l MAY PEIM. RTATHE INSURANCE AFFORDED BY THE POLICIES OESCRWD HEREIN IS SUBJECT TO ALL THE TERMS. V(CWSIONS POLICIES. AGGREWYEUNIMS SHOWN MAY HAVE BEEN REDUCED BY PAID CU1W8, r POLICY NUMBER D l't IMYWDIYYI E VIC TYPE OF VWUR/1HCE A rL. I RuwCs PAC6555224 04/27/D84/27/0•A✓Aul. CLAMIS MA � GGEETM AGGREWTE LRBT APPLES PkR ` i n Pc n LOC AUTOMDM.E LIA UM ANY AUTO ALL OWNED AUTOS SCHEC)"O AUTOS NwEO AUTOS NOWOWNEO AUTOS E%CEOMMBRELLA LJASLmV IOCCUR CLAIMS MADE DEDUCTM" RETENTION f INC/wWIS GD PEN.-TA4MRHO SMPLOYRRf' LJARLRY ANY MOPRIETOR/PARTNERIE)CECUTNE OFFKINI/MEMBER EACLtJDEDT EYr ck ApEIIEa1/IOCt EPECNL PROVISIONS Eels+ OMet General Liability ICIPTMN OF OPIMTKm I UnATIONS 1 YeM PAC655522402 LEE r IT%CLUSIDNS ADDED CERTIFICATE HOLDER City of Okeechobee 55 BE 3rd Ave e Okechobes SL 34974 ACORD 25 (20MM8) 04/27/00 L 04/274 NTIS►ECFU.P110Ye1000 I CANCELLATION SHOULDANYOFTWASOV1101 DATE TNEMORTHs MSTIMs NOTICE TD TLR CENTIFICATE IMPOSE NO OSLIOATION OR REPRFAENrATNEt Jennifer Roners� Op") JIt1 AZ7PEC»»-T, 7 A MATTER OF INFO N UPON THE CERTIFICATE 3 NOT AMEND, EICTEND OR ED BY THE POLICIES BELOW. NOTWITHSTANDING BE I86UED OR IDRIONS OF SUCH LJMITT EACHOCCURRENCE PREMISES TEE oo 0110m) MED ERP (Arty OM FeN- PERSONA. E AM EYJIWY G AR41LAOSREOATE PRODUCTS- COMPIOP AGO NAIC B f1,000,000 $50,000 ss,000 $1,000,000 31,000,000 sincluded COMBINED SINGLE LIMIT y (EA Fccidem BODILY INJURY y (PMFerwq BODLY INJURY y PROPERTY DAMAGE y (Per aafife,Iq AUTO 014LY-SA ACCIDENT I OTHER TRAI4 EAACC I AUTO ONLY. AGO f EACH OCCURRENCE s AGGREGATE S S � s s �TDmILIIWTR l ER EL EACH ACCIDENT f LL DISEASE -EA EMPLOYEEf EL DISEASE -POLICY LIMIT f LMLLSNOEAVORTo MAIL 30 BAYswmrm NAME To THE uPT. SUT FALUM70 DO80 SHALL OF ANY I0140 UPON THE INSURER.I11 ACHIM OR vV PER Ki-T5 ,'rA 14 f I