CITY OF OKEECHOBEE OCTOBER 16, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION

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1 CITY OF OKEECHOBEE OCTOBER 16, 2012 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 17 I. CALL TO ORDER - Mayor. October 16, 2012, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Faer Edward Weiss, DD, Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O Connor Council Member Devin Maxwell Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smi Public Works Director David Allen COUNCIL ACTION - DISCUSSION - Mayor Kirk called e October 16, 2012, Regular City Council Meeting to order at 6:05 p.m. The invocation was offered by Council Member Williams in e absence of Faer Edward Weiss, DD; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called e roll: IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. a Distinguished Service Award to Eagle Scouts Matew Saucier and Colton Brown. Mr. Colton Brown and Mr. Matew Saucier were each presented a Distinguished Service Award, by Mayor Kirk, which read, In recognition of your commitment to excellence and dedicated service to e community. Mr. Saucier was present to receive e certificate on behalf of his son, Matew, who is attending college in Tallahassee. These young men were presented eir commendations for eir community service projects, which involved replacing and painting e park benches wiin Flagler Park. The project was part of eir final process in earning e prestigious Eagle Scout Award.

2 OCTOBER 16, REGULAR MEETING - PAGE 2 OF 17 COUNCIL ACTION - DISCUSSION - V. MINUTES - City Clerk. A. Motion to dispense wi e reading and approve e Summary of Council Action for e September 25, 2012 Regular Meeting and Final Budget Public Hearing. VI. WARRANT REGISTER - City Administrator. A. Motion to approve e September 2012 Warrant Register: VII. - Mayor. General Fund...$401, Public Facilities Improvement Fund $ 11, CDBG Fund...$ 5, Capital Improvement Projects Fund-Impact Fee$ , Capital Improvement Projects Fund $2, A. Requests for e addition, deferral or widrawal of items on today s agenda. Council Member Williams moved to dispense wi e reading and approve e Summary of Council Action for e September 25, 2012, Regular Meeting and Final Budget Public Hearing; seconded by Council Member O Connor. There was no discussion on is item. KIRK - YEA MAXWELL - YEA O CONNOR - YEA Council Member Watford moved to approve e September 2012 Warrant Register, in e amounts: General Fund, four hundred one ousand, four hundred ninety dollars and forty-eight cents ($401,490.48); Public Facilities Improvement Fund, eleven ousand, four hundred fifty-seven dollars and irty-seven cents ($11,457.37); Community Development Block Grant Fund, five ousand, two hundred forty-one dollars ($5,241.00); Capital Improvement Projects Fund-Impact Fees, five ousand, forty-eight dollars and forty cents ($5,048.40); and Capital Improvement Projects Fund, two ousand, four hundred sixty-one dollars and eight-eight cents ($2,461.88); seconded by Council Member Williams. There was no discussion on is item. KIRK - YEA MAXWELL - YEA O CONNOR - YEA Mayor Kirk asked wheer ere were any requests for e addition, deferral or widrawal of items on today s agenda. New Business item L was added to discuss a proposed Mosquito Control Services Contract. VIII. OPEN PUBLIC HEARING FOR FIRST READING OF ORDINANCES - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No for transmittal of City-initiated Future Land Use Map Amendments and set Final Public Hearing for January 15, City Planning Consultant (Exhibit 1). MAYOR KIRK OPENED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 6:08 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1092, for transmittal of City-initiated Future Land Use (FLU) Map Amendments and set Final Public Hearing for January 15, 2013; seconded by Council Member O Connor.

3 OCTOBER 16, REGULAR MEETING & FINAL BUDGET HEARING - PAGE 3 OF 17 COUNCIL ACTION - DISCUSSION - A. 1. b) Vote on motion to read by title only and set final public hearing date, for proposed Ordinance No c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve proposed Ordinance No for first hearing and transmittal. b) Public discussion and comments. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO INDUSTRIAL; REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM INDUSTRIAL TO PUBLIC FACILITIES; REVISING THE FUTURE LAND USE MAP ON CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY TO MULTI-FAMILY; REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM NO DESIGNATION TO SINGLE FAMILY; REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM COMMERCIAL TO PUBLIC FACILITIES; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. Council Member Watford moved to approve e first reading for transmittal of proposed Ordinance No. 1092; seconded by Council Member Williams. Mr. Bill Brisson, City Planning Consultant appeared before e City Council to explain e proposed six FLU map amendments discussed at Planning Board workshops, as well as an unanimous recommendation of approval at eir September 20, 2012 Public Hearing. The following two properties FLU classification will be changed from Single Family to Industrial:!Map ID No. 12b is for a portion of Diamond R. Fertilizer properties, located at 710 Noreast 5 Avenue. The specific area being considered for changes are all of Block 52, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, a portion of abandoned Riverside Drive (contiguous to Blocks 52 and 53), a portion of closed Noreast 6 Avenue, from 7 Street, Nor to e CSX Railroad; and a portion of closed Noreast 8 Street, from 4 Avenue, East to Taylor Creek and parallel wi e railroad. Blocks 52 and 53 are already zoned and being used as Industrial, only e closed streets would require a rezoning, in order to have bo maps consistent.

4 OCTOBER 16, REGULAR MEETING - PAGE 4 OF 17 COUNCIL ACTION - DISCUSSION - A. 2. b) Public discussion and comments continued for proposed Ordinance No !Map ID No. 12c is a vacant 0.99 acre unplatted parcel owned by William Mason and located along Noreast 9 Street, West of Taylor Creek, East of Block 51 and Nor of e railroad. The property will also require a rezoning from Holding to Industrial in order to make bo maps consistent. The surrounding existing uses are Industrial. The following property s FLU classification will be changed from Industrial to Public Facilities:!Map ID No. 13a is e Okeechobee Utility Auority (OUA), Ground Water Treatment Plant and Wellhead Field, located at 1200 Noreast 12 Street and consists of unplatted acres. The OUA is aware of e proposed change and stated in a letter rough eir attorney, Tom Conely, ey have no objections. The property will also require a rezoning from Holding to Industrial in order to make bo maps consistent. The following ree properties FLU classification will be changed from Single Family to Multi-Family:! Map ID No. 17 is owned by Ru G. Spradley and Gale B. Nemec, Trustees for e Nemec Children s Trust. It is a vacant unplatted acre, triangular shaped parcel located West of Souwest 7 Avenue and Nor of Souwest 6 Street and contiguous to Blocks 190 and 191, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records. Blocks 190 and 191 are already zoned Residential Multiple Family, only e 1.6 acre parcel will require a rezoning, and a FLU amendment will be considered later for Blocks 190 and 191, in order to make bo maps consistent. Council Member Maxwell noted his concerns wi adding almost ree acres of Multi-Family classification to e existing percentage. City Planners have cautioned bo e Planning Board and Council in regards to e disproportionate percentages of Multi-Family wiin e City. As part of e planning consistency, e City has to maintain balance of all land use categories based on e size of e City. The following property s FLU classification will be changed from no designation to Single Family:! Map ID No. 18 is an unplatted acre parcel owned by Ivan D. Doverspike, Trust, and located at 1202 Norwest 8 Avenue, (part of e abandoned railroad). This property would require a rezoning from Holding to Single Family. The existing use is a vacant two-story building wi an office, enclosed storage, livestock pens, and an apartment, a livestock barn, several sets of holding pens and a small rodeo arena. The previous cattle company is no longer in business. The majority of e surrounding uses are governmental offices and single family homes. The following property s FLU classification will be changed from Commercial to Public Facilities:!Map ID No. 19 is e West half of Block R of FLAGLER PARK, between Blocks 154 and 170, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records, and e Chamber of Commerce office building. Planner Brisson explained at is property was deeded to e City to be used only as a Chamber office, e FLU needs to reflect e public use. The property is already zoned Public Facilities.

5 OCTOBER 16, REGULAR MEETING - PAGE 5 OF 17 COUNCIL ACTION - DISCUSSION - A. 2. b) Public discussion and comments continued for proposed Ordinance No Mayor Kirk asked wheer ere were any questions or comments from e public. There were none. Council asked Clerk Gamiotea wheer any of e property owners had contacted e City. The Plant Manager of Diamond R Fertilizer (Map ID No. 12b) was in attendance at e Planning Board Hearing wi no objections. Mr. Mason, (Map ID No. 12c), stopped in City Hall to review all e proposed changes and stated he had no objections. Trustees Ru Spradley and Gale Nemec, (Map ID No. 17) called and stated ank you, we like it. Most of e concerns from owners were regarding e rezonings, not e Future Land Use changes. Council Member Maxwell again noted his concerns for Map ID No. 17, as it increased e properties density and e overall impact of land use percentages of e City. He made a motion to amend proposed Ordinance No by omitting Paragraph C (changing Map ID No. 17 from SF to MF). Motion died for lack of second. The Council did not agree as e majority of e surrounding uses were Industrial and Multi-Family. In addition, wi Blocks 190 and 191 already zoned Multiple Family, it would be difficult to explain why e unplatted parcel could not be zoned e same. There being no furer discussion on is subject, Mayor Kirk called for a vote to approve e first reading for transmittal to e Department of Economic Opportunity for proposed Ordinance No c) Vote on motion. KIRK - YEA MAXWELL - YEA O CONNOR - YEA Mayor Kirk interrupted e Public Hearing to announce at due to e lateness of e meeting, he would recess e Public Hearing in order to address New Business Item A only, en he would come back to e Public Hearing. There were no objections noted for is change. RECESS PUBLIC HEARING - Mayor. MAYOR KIRK RECESSED THE PUBLIC HEARING AT 7:25 P.M. AND RECONVENED THE REGULAR MEETING. IX. NEW BUSINESS. A. Motion to award contractors for FY 2011 CDBG Housing Rehabilitation Program, Bid No. RFP ADM Nancy Phillips (Exhibit 3). City Grant Administrator, Nancy Phillips appeared before e Council and explained at on September 19 bids were received for seven housing projects; five are housing rehabilitation projects, two are demolition/replacement projects. Six contractors submitted bids. The City s Housing Assistance Plan program guidelines provides at bids should be awarded to e lowest bidder, who is wiin 15 percent of e below and above e cost estimate.

6 OCTOBER 16, REGULAR MEETING - PAGE 6 OF 17 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. A. Motion to award contractors for FY 2011 CDBG-HR Program, Bid No. RFP ADM continued. As well, each contractor must satisfactorily complete one job rough e CDBG-HR before receiving any additional contracts. Due to ese requirements, e projects are being recommended for award in a manner at is most costeffective to e program and not necessarily to e apparent low bidder. The Cebrena Thomas project will need to be awarded at a later date as e recommended contractor will have to finish a previously awarded project. Finally, e bid for e Maria Gomez project will need to be rejected as e applicant no longer meets e requirements for e grant. Mr. Harry Schock and his wife were in attendance, and wished to ank e Council for eir endeavors on being awarded e housing grant, which is allowing em an opportunity to fix eir home. Council Member Watford moved to award Bid No. RFP for e Fiscal Year 2011 Community Development Block Grant-Housing Rehabilitation Program [No. 11DB-C H-08], as presented in Exhibit Three (and listed below), deferring e Cebrena Thomas bid award for a later date and rejecting e bid for Maria Gomez; seconded by Council Member Williams. Contractor Project Owner Project Location Project Amount McHaffey Construction Patricia Anderson 912 NW 12 Street $44, Clean Cuts, LLC Gloria Goulette 809 SE 9 Court $56, Neal Long Construction Henrietta Ridley 1609 NW 8 Avenue $29, Platinum Performance Builders Harry Schock 1805 NW 7 Avenue $49, White Sands Construction Marilyn Smi 512 SE 10 Avenue $76, KIRK - YEA MAXWELL - YEA O CONNOR - YEA VIII. RECESS REGULAR MEETING AND RECONVENE PUBLIC HEARING FOR FIRST READING OF ORDINANCES - Mayor. B. 1. a) Motion to read by title only and set January 15, 2013 as a final public hearing date for proposed Ordinance No. 1093, City-initiated Rezonings - City Planning Consultant (Exhibit 2). b) Vote on motion to read by title only and set final public hearing date. MAYOR KIRK RECESSED THE REGULAR MEETING AND RECONVENED THE PUBLIC HEARING AT 7:28 P.M. Council Member Watford moved to read by title only, and set January 15, 2013, as a final public hearing date for proposed Ordinance No. 1093, City-initiated Rezonings; seconded by Council Member O Connor. KIRK - YEA MAXWELL - YEA O CONNOR - YEA

7 OCTOBER 16, REGULAR MEETING - PAGE 7 OF 17 COUNCIL ACTION - DISCUSSION - B. 1. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve first reading of proposed Ordinance No b) Public discussion and comments. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE, BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM HOLDING TO RESIDENTIAL SINGLE FAMILY-ONE (RSF-1); FROM HOLDING TO INDUSTRIAL (IND); FROM HOLDING TO PUBLIC FACILITIES (PUB); FROM HOLDING TO HEAVY COMMERCIAL (CHV); AND FROM HOLDING TO RESIDENTIAL MULTIPLE FAMILY (RMF); AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Council Member O Connor moved to approve e first reading of proposed Ordinance No. 1093; seconded by Council Member Williams. Planner Brisson appeared before e Council, outlining each parcel at is being considered for rezoning. These rezonings stem from e Comprehensive Plan Evaluation and Appraisal Report (EAR), adopted by e City Council last year. This report denoted e number of inconsistent zonings when compared to e Future Land Use Map and at wiin e coming year e City would address ese issues. The first areas Planning Staff is recommending e City address are e properties currently zoned Holding. As of October 6, 1998 ere were no longer regulations for is zoning district. The Planning Board is unanimously recommending approval. All e property owners were mailed a certified letter explaining e proposed changes and at any questions regarding eir taxable value or agriculture exemption status needed to be addressed wi e Property Appraiser s Office. The properties had a sign posted on em and all surrounding owners wiin 300 feet were notified as well. The zoning for e following described properties, are being considered to be changed from Holding to Residential Single Family-One, based on and as recommended by e Planning Staff Report findings. The FLU is already Single Family, excluding Map ID No. 18: Map ID No. 1 properties are all located in City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County, public records and listed as:!ivan D. Doverspike, Trust, located at 1202 Norwest 13 Street owns Lots 1 to 12, inclusive of Block 7, Lots 1 to 6 are vacant; ere is a residence on Lots 7 to 12.!Fort Drum Corporation, owns Lots 1 to 26, inclusive of Block 8, all of which is vacant improved pasture land and located between Norwest 13 and 14 Streets.!Ivan D. Doverspike, Trust, owns Lots 1 to 6 of Block 10; it is vacant and located along Norwest 13 Street.!Shirley Johnson owns Lots 7 and 8 of Block 10 which has two residences and a quad-plex, and is located at 810 Norwest 12 Street.

8 OCTOBER 16, REGULAR MEETING - PAGE 8 OF 17 COUNCIL ACTION - DISCUSSION - B. 2. b) Public discussion and comments continued for proposed Ordinance 1093.!Willa M. Hickson owns Lots 9 and 10 of Block 10; it has a residence and is located at 806 Norwest 12 Street.!Anita Leverette owns Lot 11 of Block 10; it has a residence and is located at 804 Norwest 12 Street.!Jimmie L. Potts owns Lot 12 of Block 10, it has a residence and is located at 800 Norwest 12 Street.!Suzette Quarles and Charlotte Harris owns vacant Lot 1 of Block 23 located at 1109 Norwest 8 Avenue.!Joe N. and Johnny L. Brown own vacant Lot 2 of Block 23 located at 803 Norwest 12 Street.!Suet Fong Tsang and Andre Bargel, own vacant Lot 3 of Block 23 located along Norwest 12 Street.!Habitat for Humanity owns vacant Lot 4 of Block 23, located along Norwest 12 Street.!Shirley R. Johnson owns vacant Lots 5 and 6 of Block 23, located at 1110 Norwest 9 Avenue.!Gloria R. and Mary D. Brown owns vacant Lot 7 of Block 23 located at 1100 Norwest 9 Avenue.!Mary L. Wright owns Lot 8 of Block 23, it has a residence and is located at 808 Norwest 11 Street.!Bruce and Pamela Snell own Lot 9 of Block 23, it has a residence and is located at 806 Norwest 11 Street.!Sharon Johnson owns Lot 10 of Block 23, it has a residence and is located at 804 Norwest 11 Street.!Shirley Johnson owns Lot 11 of Block 23, it has a residence and is located at 802 Norwest 11 Street.!Robbie L. Ridley owns Lot 12 of Block 23, it has a residence and is located at 800 Norwest 11 Street. Map ID No. 2 properties are all located in e Norwest Addition subdivision, Plat Book 1, Page 25, Okeechobee County public records, e entire block is vacant, and listed as:!janet Mays and Rob Bentz own Lots 1 to 18 and e West half of 19 of Block 13, located between Norwest 7 Court to 8 Street.!George W. and Carol H. Moore own Lot 20 and e East half of 19 of Block 13, located at Norwest 7 Court and 10 Avenue. Map ID No. 3 is owned by Dowling R. Watford, Trustee, for Lots 1 to 26, inclusive of Block 68, City of Okeechobee, Plat Book 1, Page 10, Okeechobee County public records. The entire block is vacant. Map ID No. 4 addresses ree improve pasture land parcels and two owners. Frank Altobello Charitable Remainder nd Trust III owns two of e unplatted parcels, one being acres, located Sou of Souwest 2 Street; and e oer is acres, located Nor of Souwest 6 Street. Montebello 13, LLC owns e ird parcel consisting of unplatted acres located between Souwest 6 and 9 Streets. There is livestock on ese parcels. Map ID No. 5 has two parcels, ey are owned by ree sisters, Madonna L. Arnold, Melissa Bryant and Laura st Graisbery. The first one contains unplatted acres located at 517 Souwest 21 Street, which has two homes st located on it. The oer is a unplatted acre pasture, located Sou of Souwest 21 Street, wi livestock.

9 OCTOBER 16, REGULAR MEETING - PAGE 9 OF 17 COUNCIL ACTION - DISCUSSION - B. 2. b) Public discussion and comments continued for proposed Ordinance Map ID No. 6 is owned by Frank Altobello, Trustee, and consists of 32.8 unplatted acres located Sou of Soueast 8 Street and along e West side of Taylor Creek. The existing use is improved pasture land wi livestock. Map ID No. 7 is owned by Inland American ST Florida Portfolio JP3, LLC (Suntrust Bank), which consists of unplatted acres located behind 815 Sou Parrott Avenue. The parcel is an extension of e existing bank property. The drive-ru tellers used to be located on is parcel. Map ID No. 8 is owned by William G. and Glenda Carver and is eir residence, located at 1105 Soueast 9 Drive. The parcel contains 2.0 unplatted acres. Map ID No. 9 consists of two parcels, bo owned by Wayne and Bonnie Thomas. One parcel, located at 802 Soueast 10 Avenue, is acres and is where eir home is located. The oer parcel, is e East contiguous 9.5 unplatted acres, which is being used for livestock. Map ID No. 10 is owned by Ricky and Bunny Lightsey and consists of unplatted vacant acres located between Block 116 and Taylor Creek. Map ID No. 11 is owned by Javier Ordenez, and consists of unplatted acres located East of Taylor Creek and Sou of CSX Railroad. The current use is improved pasture land, it has livestock on it from time to time. Correspondences were received from Nikki Eskow, Regional Manager of CSX, Mr. Craig and Mr. Todd Chambers, bo of whom own property wiin e City Commerce Center, and an appearance by Mr. Kay, of 403 Noreast 9 Avenue at e Planning Board Meeting, all of whom stated eir objections to e RSF-1 zoning due to e properties proximity of e railroad and existing industrial uses. Map ID No. 12a is owned by Dale S. and Mara A. Reiss, located at 649 Noreast 6 Street, e portion being considered for rezoning is e unplatted parcel located between Block 82 and Taylor Creek. The existing use is a residence. Map ID No. 14 consists of several lots wiin Blocks 32 and 35, all located in e City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all e properties are vacant and listed as:!bakul K. and Hina R. Patel own Lots 8 to 11 of Block 32, located along Noreast 10 Street. rd!william Mason owns Lots 12 and 13 of Block 32, located at Noreast 11 Street and 3 Avenue.!Abdul-Khuddus and Parveen Syed owns Lot 20 and e West 5 feet of 21, located along Noreast 10 Street.

10 OCTOBER 16, REGULAR MEETING - PAGE 10 OF 17 COUNCIL ACTION - DISCUSSION - B. 2. b) Public discussion and comments continued for proposed Ordinance 1093.!Mark E. Barwick owns Lots 22 to 25, less e West 5 feet of 21, located along Noreast 9 Street.!Dean and Carl Weidling own Lots 1 to 6 and 24 to 26 of Block 35, located along Noreast 9 and 10 Streets.!Carl P. Weidling, III owns Lots 20 to 23 of Block 35, located along Noreast 9 Street. Map ID No. 15: consists of several Lots wiin Blocks 1, 2, 15 and 16, all located in e City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, all e properties are vacant, located along Noreast 12, 13 and 14 Streets, and listed as:!suraiya Husain, Trustee owns Lots 1 to 4 of Block 1; Lots 6 and 21 to 26 of Block 2; Lots 1 to 4, 25 and 26 of Block 15; and all of Block 16.!Muzaffar Husain, Trustee owns Lots 5 to 8 of Block 1; Lots 1 to 5 of Block 2; and Lots 5 to 6, 21 and 22 of Block 15.!Nor American Islamic Trust owns Lots 7, 8, 23 and 24 of Block 15. Map ID No. 18 is owned by Ivan D. Doverspike, Trust, located at 1202 Norwest 8 Avenue. The unplatted acres has a barn wi an apartment and office as well as a small rodeo arena. This parcel was discussed during proposed Ordinance No and has a pending FLU map amendment. The rezoning for e following properties, are being considered to be changed from Holding to Industrial, based on and as recommended by e Planning Staff Report findings: Map ID No. 12b is owned by Diamond R. Fertilizer located at 710 Noreast 5 Avenue. The area being considered for rezoning is e closed streets contiguous to Blocks 52 and 53, specifically, a portion of abandoned Riverside Drive, a portion of closed Noreast 6 Avenue, from 7 Street, Nor to e CSX Railroad and a portion of closed Noreast 8 Street, from 4 Avenue, East to Taylor Creek and parallel wi e railroad. This parcel was discussed during proposed Ordinance No and has a pending FLU map amendment. Map ID No. 12c is a vacant 0.99 acre unplatted parcel owned by William Mason. It is located along Noreast 9 Street, West of Taylor Creek and East of Block 51. This parcel was discussed during proposed Ordinance No and has a pending FLU map amendment. Map ID No. 13b is a vacant 0.36 acre unplatted parcel owned by Recycling Concepts, LLC. It is located Nor of CSX Railroad and West of Noreast 12 Avenue (East City Limits). The FLU is already Industrial.

11 OCTOBER 16, REGULAR MEETING - PAGE 11 OF 17 COUNCIL ACTION - DISCUSSION - B. 2. b) Public discussion and comments continued for proposed Ordinance The rezoning for e following property is being considered to be changed from Holding to Public Facilities, based on and as recommended by e Planning Staff Report findings: Map ID No. 13a is e OUA, Ground Water Treatment Plant and Wellhead Field, located at 1200 Noreast 12 Street and consists of unplatted acres. This parcel was discussed during proposed Ordinance No and has a pending FLU map amendment. The rezoning for e following property is being considered to be changed from Holding to Heavy Commercial based on and as recommended by e Planning Staff Report findings: Map ID No. 16 consists of Lots 9 and 10 of Block 15, City of Okeechobee subdivision, Plat Book 1, Page 10, Okeechobee County public records, and owned by e Nor American Islamic Trust, Inc. located along on Noreast 13 Street. The existing use is vacant. The current FLU classification is Commercial. The rezoning for e following property is being considered to be changed from Holding to Residential Multiple Family, based on and as recommended by e Planning Staff Report findings: Map ID No. 17 is owned by Ru G. Spradley and Gale B. Nemec, Trustees for e Nemec Children s Trust, it is a vacant unplatted acre, triangular shaped parcel located West of Souwest 7 Avenue and Nor of Souwest 6 Street, contiguous to Blocks 190 and 191, City of Okeechobee. This parcel was discussed during proposed Ordinance No and has a pending FLU map amendment. Mayor Kirk asked wheer ere were any questions or comments from e public. There was a lengy discussion between e Council, Planning and City Staff, several property owners in attendance and about wheer e City should allow e Holding zonings to continue so not to jeopardize anyone s agriculture exemption status. There was quite e discussion and confusion on properties at have an agriculture use verses an agriculture exemption. The City Council has always allowed agriculture uses, regardless of e zoning, as at is e heritage and main revenue source of Okeechobee. Many 4-H and FFA students live wiin e City. These students raise various types of show livestock and as long as e neighbors are not impacted by heal hazards or oer nuisances by e animals, ey are allowed. When an owner can meet e statutory requirements, regulated by e Property Appraiser, ey can obtain an agriculture exemption on eir property assessments. Most of e large parcels considered wiin is ordinance have an agriculture exemption and agriculture use.

12 OCTOBER 16, REGULAR MEETING - PAGE 12 OF 17 COUNCIL ACTION - DISCUSSION - B. 2. b) Public discussion and comments continued for proposed Ordinance c) Vote on motion. Discussion regarding additional instructions due to proposed Ordinance No being voted down. Council Member Watford moved to amend proposed Ordinance No. 1093, by returning it to e Land Planning Agency wi e recommendation to create a holding category to include light agriculture and to request at ey give ese property owners e opportunity to choose eier e Holding or e appropriate zoning. The motion to amend was en widrawn from e floor as e Council considered it better to start e entire matter over wi additional instruction. Mayor Kirk called for a vote to approve e first reading of proposed Ordinance No KIRK - NO MAXWELL - NO O CONNOR - NO WATFORD - NO WILLIAMS - NO MOTION DENIED. Council Member Watford moved to send e proposed rezonings back to e Land Planning Agency (Planning Board), at ey consider a recommendation to create a Holding zoning category to include light agriculture uses, at ey give e effected property owners an opportunity to eier remain at Holding or choose e appropriate zoning; seconded by Council Member O Connor. In response to Council Member Maxwell s question of wheer is course of action would necessitate e City to create a Holding FLU classification, Planner Brisson responded, to keep e Holding zoning district, we would need to add e wording in e Comprehensive Plan. The Council was clear at ey are not wanting to create a Holding FLU classification, nor a means to change e FLU map to Holding. What ey want addressed are issues such as e Holding zoning allowing light agriculture uses and at is zoning is allowed wiin certain FLU categories. The Planning Board will need to ensure ey review all e FLU categories so not to exclude any at are already in use, as ere may be oer FLU categories at will require Holding zoning and/or light agriculture uses addressed. In addition, e Planning Board should consider amending e Zoning District categories and create regulations for a Holding zoning, using e previously adopted orange book as a guide. They should also look at adding light agriculture uses in oer Permitted Principal Uses for oer Zoning Districts as e City allows is use. Council Member Maxwell also asked wheer addressing e issues in is manner still meet e purpose of e EAR? Mr. Brisson replied, essentially yes, as e purpose of e EAR, was to make e Comprehensive Plan and Zoning complimentary. Council Member Watford asked Attorney Cook wheer he needed to abstain from voting since he is a Trustee of one of e subject properties. Attorney Cook replied he did not ink so as it is not a personal gain. KIRK - YEA MAXWELL - YEA O CONNOR - YEA

13 OCTOBER 16, REGULAR MEETING - PAGE 13 OF 17 COUNCIL ACTION - DISCUSSION - Discussion regarding additional instructions due to proposed Ordinance No being voted down continued. CLOSE THE PUBLIC HEARING - Mayor. The Council en turned e discussion to e properties at were addressed in proposed Ordinance No. 1092, e FLU changes, as ese need to have eir rezonings considered. Council instructed Staff to prepare a new ordinance, necessary advertisements and notifications to address e five properties, Map ID No. 12b, 12c, 13a, 17 and 18, and set it for first reading at eier e November 13 or December 4 meeting, keeping e January 15, 2013, final hearing date. MAYOR KIRK CLOSED THE PUBLIC HEARING FOR FIRST READING OF ORDINANCES AT 8:04 P.M. IX. NEW BUSINESS CONTINUED. B. 1. a) Motion to read by title only proposed Ordinance No and set November 13, 2012 as a final public hearing date, LDR Amendments - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No by title only. 2. a) Motion to approve e first reading of proposed Ordinance No b) Discussion. Council Member Watford moved to read by title only, proposed Ordinance No and set November 13, 2012, as a final public hearing date, LDR Amendments; seconded by Council Member O Connor. Attorney Cook read proposed Ordinance No by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CODE OF ORDINANCES SECTIONS (a)(1) BY CHANGING THE METHOD FOR CALCULATING THE AMOUNT OF BUILDING SIGNAGE ALLOWABLE FOR BUILDINGS WITH A SINGLE BUSINESS OR OCCUPANT; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to approve e first reading of proposed Ordinance No. 1094; seconded by Council Member Watford. Planner Brisson provided e purpose for e changes to e sign regulations, as initiated by McDonalds. The amendment reflects: (a)(1) The total area of all building signs for an enterprise shall not exceed One one (1) square foot of sign face area for each linear foot of property along e front of e lot. e building wid at faces e front of e lot (for example, if e wid of e building facing e front of e lot is 50 feet wide e maximum total sign face area of all building signs is 50 square feet.) For e purpose of is section, e front of e lot is at side upon which e property is addressed. This change is consistent wi oer provisions of e sign regulations and will be easier for Staff to administer. The Planning Board voted unanimously to recommend approval.

14 OCTOBER 16, REGULAR MEETING - PAGE 14 OF 17 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. B. 2. c) Vote on motion for proposed Ordinance No C. Motion to adopt proposed Resolution No , City Government Week - City Clerk (Exhibit 5). Council Member O Connor moved to adopt proposed Resolution No , City Government Week; seconded by Council Member Watford. There was a brief discussion on is item. Attorney Cook read proposed Resolution No by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 21 THROUGH 27, 2012, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE. D. Motion to adopt proposed Resolution No , Construction Agreement wi FDOT - City Administrator (Exhibit 6). Council Member Watford moved to adopt proposed Resolution No , Construction Agreement wi Florida Department of Transportation (relating to CDBG-ED No. 12DB-OH E08, constructing turn lanes on Nor Park Street, a/k/a State Road 70 East, between Souwest 10 to 13 Avenues); seconded by Council Member Williams. There was a brief discussion on is item. Attorney Cook read proposed Resolution No by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA APPROVING THE CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. E. Motion to adopt proposed Resolution No , regarding Amendment 4 - City Administrator (Exhibit 7). Council Member Watford moved to adopt proposed Resolution No regarding Amendment 4; seconded by Council Member O Connor. There was a lengy discussion on is item, wi Council Member Maxwell noting his concerns and objections to its adoption.

15 OCTOBER 16, REGULAR MEETING - PAGE 15 OF 17 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. E. Motion to adopt proposed Resolution No , regarding Amendment 4 continued. Attorney Cook read proposed Resolution No by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA CONCERNING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH, IF ADOPTED, WOULD CREATE ADDITIONAL INEQUITIES IN FLORIDA S TAX SYSTEM BY GRANTING CERTAIN TAX BREAKS TO SOME TAXPAYERS AT THE EXPENSE OF OTHER TAXPAYERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. KIRK - YEA MAXWELL - NO O CONNOR - YEA F. Consider a Temporary Street Closing Application submitted by First Baptist Church to close Souwest 6 Avenue between Nor and Sou Park Streets on October 31, 2012 for a Community-wide Trunk-or-Treat event - City Administrator (Exhibit 8). G. Consider a request to change e date from November 10, 2012 to November 17, 2012 on a previously approved Temporary Street Closing Application at was submitted by First Baptist Church for its Annual Flag Football Awards Day - City Administrator (Exhibit 9). H. Consider Temporary Street Closing Application submitted by Central Elementary School to close SW 5 Avenue between SW 6 Street and SW 7 Street on November 2, 2012 from 4:00 p.m. - 8:30 p.m. for a Family Festival - City Administrator (Exhibit 10). Council Member O Connor moved to approve a Temporary Street Closing Application submitted by First Baptist Church to close Souwest 6 Avenue between Nor and Sou Park Streets on October 31, 2012, for a Community- wide Trunk-or-Treat event; seconded by Council Member Williams. Council Member Watford moved to approve a request to change e date from November 10 to 17, 2012, on a previously approved Temporary Street Closing Application at was submitted by First Baptist Church for its Annual Flag Football Awards Day; seconded by Council Member O Connor. Council Member O Connor moved to approve a Temporary Street Closing Application submitted by Central Elementary School to close Souwest 5 Avenue between Souwest 6 and 7 Streets on November 2, 2012, from 4:00 p.m. to 8:30 p.m. for a Family Festival; seconded by Council Member Watford. There was a brief discussion on is item.

16 OCTOBER 16, REGULAR MEETING - PAGE 16 OF 17 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. I. Consider Citizen Board Appointments - City Clerk (Exhibit 11). Council Member Watford moved to appoint Mr. Noel Chandler as a Regular Member to e Okeechobee Utility Auority Board, term ending March 1, 2013, (replacing Randy Huckabee); seconded by Council Member O Connor. J. Motion to approve a contract for Building Official and Inspection Services wi JC Newell & Associates - City Administrator (Exhibit 12). Council Member O Connor moved to approve a contract for Building Official and Inspection Services wi JC Newell and Associates (effective November 1, 2012); seconded by Council Member Williams. Administrator Whitehall was notified by Mr. Ray Schaub, who currently has e contract for building official services, of his need to end his contract. He is downsizing to spend more time wi his family. Mr. Newell works for Mr. Schaub, and at e City ree days a week, erefore he is already acquainted wi everyone and e system. Mr. Schaub is recommending e City enter into a contract directly wi Mr. Newell. It was also noted at e current building permit rate schedule was attached to e contract for reference. The City does not have an adopted fee schedule as it has always been established by e contracted provider. The fees are remaining e same. K. Consider a motion to waive e formal bidding procedures and award a sole-source bid to Global Mapping, Inc. in e amount of $8, for e annual mapping services - City Administrator (Exhibit 13). Council Member O Connor moved to waive e formal bidding procedures and award a sole-source bid to Global Mapping, Inc. in e amount of $8, for e annual mapping services; seconded by Council Member Watford.

17 OCTOBER 16, REGULAR MEETING - PAGE 17 OF 17 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. ITEM ADDED TO THE : L. Motion to piggyback on Clewiston s Mosquito Control Contract wi Fleming Pest Management, to conduct an adult mosquito insecticide application - City Administrator (Exhibit 14). Council Member Williams moved to piggyback on e City of Clewiston s Mosquito Control Contract, retaining Fleming Pest Management, for up to $2,000.00, to conduct a one-time adult mosquito insecticide application; seconded by Council Member O Connor. There was a brief discussion on is item. IX. ADJOURN MEETING - Mayor. There being no furer discussion nor items on e agenda, Mayor Kirk adjourned e Meeting at 8:36 p.m. The next regular scheduled meeting is November 13, 2012, at 6:00 p.m. Please take notice and be advised at when a person decides to appeal any decision made by e City Council wi respect to any matter considered at is meeting, he/she may need to insure at a verbatim record of e proceeding is made, which record includes e testimony and evidence upon which e appeal is to be based. City Clerk media are for e sole purpose of backup for official records of e Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk