1997-09-02�I/ OKEFC
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CITY OF OKEECHOBEE
SEPTEMBER 23 1997 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 7
A. Call Meeting to order on September 2,1997. Mayor Kirk called the September 2,1997 Regular Meeting to order at 7:00 p.m.
B. Invocation offered by Reverend John P. Ziegler; Reverend Ziegler offered the invocation;
Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance.
C. Mayor and Council Attendance: Deputy Clerk Gamiotea called the roll:
Mayor James E. Kirk Present
Council Member Noel A. Chandler Present
Council fdember Lovjry fJarkham Present
C c u n c i I Iemcer �;c'be l0ii,, r Pr:,senl
r,i,nri f;1 r'Cer lIC ylir,c P. `rGrr'.", Present
Ciiy Attorney J&I F Coc: Present
City Administrator Robert J. Bradshaw Present
City Clerk Bonnie S. Thomas Absent
Deputy Clerk S. Lane Gamiotea Present
D. Motion to dispense with the reading and approve the Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the regular meeting of
Summary of Council Action for the regular meeting of August August 19,1997; seconded by Council Member Oliver. There being no discussion on this item, vote was as follows:
19,1997. 11
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
SEPTEMBER 2,1997 - REGULAR MEETING - PAGE 2 OF 7
E.
Motion to approve the Warrant Registers for July, 1997: Council Member Watford moved to approve the Warrant Registers for June,1997 in the amounts: General Fund two hundred twenty-
one thousand, six dollars, fifty-eight cents ($221,006.58) and Public Facilities Fund two thousand, three hundred sixteen dollars, ten
General Fund .................... $221,006.58 cents ($2,316.10); seconded by Council Member Oliver. There being no discussion on this item, vote was as follows:
Public Facilities ....................... 2,316.10
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. Mayor advised
OF ITEMS ON TODAY'S AGENDA. new business item number two is to be withdrawn from the agenda. Attorney Cook advised he will be recommending the Council table
the public hearing for ordinance adoption to allo�iv additional time to include a revision of the City's peddlers license which overlaps
11 �'J h this proposed Ordinance fJo.
., i � 1 .A ,�,. SR ^- '._:" _. I ,•. ';�� ! -..._ :. _ �.. r "'i1 `" _ 1UV1: Ll1Jil GL ,y Al
:i !"'Jui—iL;.�,`i'�i;l`: i"'vie .:r:Lli,—:ii:�_,'�'... ii.,�i ei rv'; U�� i .+ s• , vu.+ riLy V '� _ .
a. Motion to read by title only Ordinance No. 103 - Council �,Iember Oli+fer mc�)ed to read by title only p oc _zed Ordinance No 03 amen` _ de
City Attorney (Exhibit 1). Okeechobee, seconded by Council Ivlernber V atfor d.
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 703 by title only as follows:"An Ordinance amending Chapter 10 Code of
City of Okeechobee; adding a Section 10-77; Providing for Issuance of Licenses for Temporary Structures;
Tent or Off -Premises Sales; Flea Market or Individual Booth Sales; Providing a Fee Schedule; Providing
Procedures; Providing an Effective Date."
SEPTEMBER 2,1997 - REGULAR MEETING - PAGE 3 OF 7
F. PUBLIC HEARING FOR ORDINANCE ADOPTION
1. b. Public Comment. Following a brief discussion between Council and Attorney Cook, Council Member Watford moved to table the adoption of
1. C. Motion to adopt Ordinance No. 703. proposed Ordinance No. 703 until the next regular Council Meeting (September 16); seconded by Council Member Markham
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
CLOSE PUBLIC HEARING III Mayor Kirk closed the PUBLIC HEARING at 7:11 p.m.
G. NEW BUSINESS
1. Motion to award a contract to W.C. Mills, Inc. for the Council Member Oliver moved to award a contract to W.C. Mills, Inc. for the downtown revitalization grant in the amount of four hundred
downtown revitalization arant in the amount of ninety-nine thousand, thirty seven dollar ($499.037): seconded by Council Member Vvatford.
S499.037 - City Administrator (Exhibit 2).
Comments tiVere Riau" Coy Gcn c [n,ij arlu ro�pofi�c� "at they do a Coy ;J; �0�irtt Ci �'/Grrt for
the School Board �rj!n''il R�Fmh r Oliver m n „ + a
i r commented G, /,1at areatjob , 2,dministrator Brads,, nar � -riiQrej Cn thir project
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
2. Hear from Lawson and Noble regarding above Item was withdrawn from the agenda.
ground storage tanks at City Barn - Libbey Webb
(Exhibit 3). 111
SEPTEMBER 2,1997 - REGULAR MEETING - PAGE 4 OF 7
G. NEW BUSINESS CONTINUED
3. a. Motion to exercise the City's right to require Attorney Cook advised Block 155, City of Okeechobee has two alleys. One running East to West which is open and one running North
Sprint to relocate fiber optic cables, as stated in the to South which was closed by Ordinance No. 316 adopted July 7, 1964. Sprint United Telephone has a franchise agreement with the
franchise agreement, presently located in the City of Okeechobee which is in effectfrom August 1,1983 to July 31,1998. The agreement grants Sprint the right to construct maintain,
North/South and East/West alley behind and operate a communications system(s) in, over, upon, under, across the present and future alleys in the City since they are for public
Okeechobee Motors - City Attorney (Exhibit 4). use. However, since this alley was closed and not a "city" alley it should not have been used. Research has been done and the City
nor the property owner has any documentation giving Sprint the authority to use this alley. They have stated they were working under
b. Discussion. the language of the agreement and felt it gave them the authority.
In Section E.1 of the agreement it states that when in the opinion of the City and its governing body, be required for the reasonable
protection of the public health, safety, and accommodation of the community; and when in the opinion of the City and its governing
body the public necessity or reasonable convenience so requires, to demand the removal, reconstruction or relocation of such property
11 and facilities.
r',� o icy I om L on'ey address j U e Coutio on behal of Danny gin. C aild iJuC a lairu(G. ail r �ii'i ur u�c''ty 0`,V l6rS rcaUcSUiiG ti7c Vliy
S;C S� it :. "1CiG :z a� J a,rc ,;lii a Sixty Ga;J [J imz II ,it. I (� (Ju !( IS L ,ru Sv a i a u �I C� iC(c GSc a
Il�'�i �',a 1•�,Gt1 C IY�`iQ L'+�r�, C�t!��� �i�l, C.. .'"..rrnal! aISO :�oic hIC CIIC^ter J t,.� C r1 C'.I Ir--� `v=t-lues,.
Council Nlember f;larkham moved to exercise the City's right to require Sprint to relocate their property and facilities. as
stated in the franchise agreement, presently located in the North/South and East/West alley behind Okeechobee Motors; the
City Council and Staff find that this is necessary to accommodate the public health, safety of the community and that the
relocation be completed in sixty (60) days from receipt of this notice; seconded by Council Member Oliver.
Council Member Watford advised in accordance with Florida Statue Section 112.3143 he must state he will abstain from voting on this
item since it inures to the special gain of a principal by whom he is retained. There being no further discussion, vote was as follows:
c. Vote on Motion. KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - ABSTAINED
MOTION CARRIED.
SEPTEMBER 2, 1997 - REGULAR MEETING - PAGE 5 OF 7
G NEW BUSINESS CONTINUED
4. a. Motion to approve a Grant of License between Council Member Oliver moved to approve a Grant of License between the City of Okeechobee and the American Legion Memorial
the City of Okeechobee and the American Legion Post No. 64; seconded by Council Member Markham
Memorial Post No. 64 - City Attorney (Exhibit 5).
Council Member Watford commented that for the City's benefit we should have had this in place before they Legion began
construction. Citizen Bill Osterman asked if there was a way to ever request the (de -commissioned) weapons to be removed from
the park? Council Member Markham advised there was with a ninety (90) day notice. There being no further Discussion, vote was
as follows:
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
Discuss cY ale mr r ^C?irnc in ( ?`1 � I -;^ -1 I Fii to to rice' ng c( n�ji p;ac fUrnl� "" r pages tp,ent` nine =i n tnlr''i i t^c ( c rm r
_ J r w C1� ne-j� Sn
research this issue due to a memorandum from Council Member'VVatford to Mayor Kirk concerning the issue of Council t1ember's
attending meeting s held by the City Administrator with citizens, developers and department heads. He continued further that it
was not against the sunshine law for a Council Member to attend staff meetings, however he cautioned them because there can
be legitimate complaints.
Council Member Watford stated he understood the Council could not discuss any issue that could become a rezoning issue. The
Council currently serves as the Land Planning Agency, Planning Board, Board of Adjustment and Appeals for the City. Other cities
are implementing a policy that Council Member are either allowed or not allowed to attend meeting or discuss potential issues and
he recommended the Council adopt a policy.
Discussion continued on a specific situation concerning a meeting held at City Hall between Mr. Bill Cheatham, Administrator
Bradshaw, Attorney Cook and Chief Tomey. The meeting was requested by Mr. Cheatham. Council Member Watford requested
that in the future if the Administrator is going to request city staff attend meetings requested by other people, that he advise that
person before the meeting if he was going to invite other City staff or a Council Member.
SEPTEMBER 2,1997 - REGULAR MEETING - PAGE 6 OF 7
G. NEW BUSINESS CONTINUED
5. Discuss ex-parte communications in City Council directed Attorney Cook to draft a policy for the City to consider as guidelines for Council Members to discuss issues
government continued. and attend meetings. Council Member Markham commented that he would not support any policy that would be a Council Member's
hands from being able to research an issue to allow full knowledge of the whole issue.
6. Discuss August 18, 1997 memorandum between Exhibit Six is a copy of the memorandum dated August 18, from Council Member Watford to Mayor Kirk and re -dated August 26 for
Councilman Watford and Mayor Kirk - Councilman this agenda item. This memorandum is the same one as discussed in the previous item. Council Member Watford began discussion
Markham (Exhibit 6). stating he had several people approach him concerning the meeting discussed in the previous item. He did not know that a Council
Member was present at that meeting until Mr. Cheatham told him. Also, the Mayor usually meets with the Department Heads and
Administrator to review their proposed budgets after the Administrator and Department Heads meet; and he understood that Council
Member Markham was present during the Administrator/Department Head meeting. He felt attending some of these types of meetings
could put a Council Member in an uncomfortable situation since a Council Member outside a convened Council Meeting has no
authority, it could be misunderstood that what he is saying is for the entire Council. He did not want anyone to misunderstand his point,
he felt that Council Members do have a riaht to come uo to City_ Hall and to research information on the agenda but to remember we
I are the policy miakers and •;pie ha're an r,d�iili ils r ai0r i0 earl y Mosc policies out and mate day i0 day decisions.
01i--il `le;mber M `I "`l t" .,dmi�istra.0r t0 a:t rd tnose me "ra. He I!d a art t `e Col ia's
..,L
supposed to kno4'/ anything and Q!'/e tr,e r opini n:: Incr t o `got rs have put the Y11rong person up here' `;h t put tne Cit, i" t1 -= po.. Jo".
we just got out of was by thinking all v,,-, are supposed to do, is come up here two times a month and not do anything.
Council Member Watford clarified that he was not directing his memorandum and comments specifically to Council Member Markham.
However, he hoped he would understand that by him attending that meeting, he was provided with knowledge on something the rest
of the Council did not have and that can lead to problems.
Citizen Bill Osterman then addressed the Council concerning the meeting stating his views of the outcome of the meeting as they
pertained to Council Member Markham's comments made during that meeting involving an alley to be closed and the Hamrick Trust.
Mayor Kirk interrupted Mr. Osterman's statements commenting that Mr. Osterman was not at the meeting and since his comments
were being presented in an arguable manner against Council Member Markham, he proceeded to reclaim the floor as Chairman,
disallowing further comments on that matter. He thanked Council Member Markham for attending the budget meetings with the
Administrator and Department Heads. Stating further that Mr. Bradshaw will have been here long enough by the next budget year and
hoped he could handle the meetings himself and that the Council would let him since he felt the Department Heads and Administrator
needed that "head bumping" meeting.
SEPTEMBER 2,1997 - REGULAR MEETING - PAGE 7 OF 7
G. NEW BUSINESS CONTINUED
6. Discuss August 18, 1997 memorandum between Mayor Kirk continued, he did not want the Council to intercede all the time with affairs between the Administrator and Department
Councilman Watford and Mayor Kirk continued. Heads. He did not really know how to take Council Member Watford's memorandum. Also, the Council has discussed having an office
at City Hall and he did not think Council Members needed to be at City Hall everyday nor making decisions. We have made good
strides toward becoming more of an "administrative" type government and he did not want to see the City move back in time.
Sometimes the Council does not always know what is going on. He implored them not to want an office at City Hall, he did not feel any
of the Council Members had the time to run the City, there are Department Heads to do that. He ended the discussion on this matter
stating, please do not do anything to destroy that process.
7. Discuss and decide the selection process of the Mayor Kirk advised thatthe Police Chief Application Review Committee met on August 27. There were eleven applications received.
police chief position - Mayor Kirk (Exhibit 7). The committee short listed them to three as listed in Exhibit Seven in ranked order. The three listed are the only ones that had true
leadership skills, two are local. Chief Mobley has had a second in command for twelve years and the Committee could not find anyone
who was more qualified than that applicant. He also thanked the City Clerk's Office for assistance in the applicant analysis they
provided to the Committee.
Adjournment - Mayor Kirk.
PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decision
made by the City Council with respect to any matter considered at this meeting, he/she may
need to insure that a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based. A tape recording of this
meeting is on file in the City Clerk's Office.
ATTEST:
.LAMES E. KIRK, MAYOR
Councii Member Oliver moved to appoint Captain Farrenkopf as the Chief of Police effective the day after Chief Mobley's last
day (September 26 1997): for a transition stage Captain is to begin the duties of the Chief with theguidance of Chief )'Mobley
and salary is to remain the same as the current chief, (when he officially takes over - S40,000,) and that he will be on probation
Si;C i�"C,'f]w: c' i;,'a 'i �;`i vi;�;.' C nai,.ryi;,.
Citizen Bill Osterman cornmer,ted to the Council they have a very good police department, they made a good decision; and he
applauds the downtown beat cop, hoping it will continue. That being the final discussion, vote was as follows:
KIRK - YES
CHANDLER - YES
MARKHAM - YES
OLIVER - YES
WATFORD - YES
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the September 2,1997 meeting at 8:37 p.m.
BONNIE S. THOMAS, CMC, CITY CLERK
U
C
CITY OF OKEECHOBEE
09/02/97 REGULAR CITY COUNCIL MEETING
HANDWRITTEN MINUTES
Call regular meeting to order: % j
Invocation: �`� t �.? Pledge _ i
Mayor, Council & Staff attendance:
Mayor Kirk
Councilman Chandler
Councilman Markham
Councilman Oliver
Councilman Watford
Attorney Cook
Administrator Bradshaw
Clerk Thomas
Deputy Clerk Gamiotea
PRESENT ABSENT
D. Council Member moved to dispense witty the reading and approve the Summary of
Council Action for the Regular Council Meeting of nu( just 19, 1997; seconded by Council Member
P_k: .
DISCUSSION: VO iE
YES No ABSENT ABSTAINED
{��ARRIED/DENIED
r
E. Council Member `i moved to approve tl ie Warrant Registers for 1997 in the
amounts: General Fund two hundred twenty -on,, thousand, six dollars, fifty-eight cents
($221,006.58) seconded by Council Member l
DISCUSSION: �.�t t T'� ����° `�' VO 1E:
i
kc'C`
YES No
('I lip-fll I I�',1
ABSENT ABSTAINED
IE '` DENIED
Mayor Kirk asked whether there were any REQUESTS FOR ADDITIONs, DEFERRALs OR
WITHDRAWALs OF ITEMS ON TODAY'S AGENDA.
4
Page 1 of 7
F. Mayor Kirk OPENed the PUBLIC HEARING FOR Oi�DINANCE ADOPTION at ' ! . (_`'t
P.M.
1. a. Council Member Q4 moved to reap f by title only, proposed Ordinance No. 703
amending Chapter 10 Code of Ordinances. City of Okeechobee - City Attorney (Exhibit
1); seconded by Council Member - I
VOTE:
YES No ABSENT ABSTAINED
KIRK
CHANDLER G.
MARKHAM 6.-
OLIVER
WATFORD
MOTION: �CARRIED`DENIED
.00k read proposed Ordinance
I_>y title only as follows : "An
amending Chapter 10 Code of
City of Okeechobee; adding
11 10-77; providing for issu-
Ii_censes for temporary struc
eiiet or off -premises sales;
111,j i },_et or individual booth sales
a a fee schedule; providing
! i i ici procedures; providing an
i, date."
1. b. Public Comment.
I
4:-- —:--Council Member
Council Member
DISCUSSION:
L_l`ti�C�r'
moved to adopt Iroposed Ordinance No. 703; seconded by
- Q- VO i L-
I --
YES No ABSENT ABSTAINED
,'i' III: ,-CARRIED/DENIED
Mayor Kirk CLOSEd the PUBLIC HEARING at j P.M.
Page 2 of 7
G. NEW BUSINESS _ =�
1. Council Member `+� moved to award a r(ntract to W Mills, Inc. For the downtown
revitalization grant in the amount of four N_11 idr1 �d ninety-nine thousand, thirty seven dollar
($499,037) - City Administrator (Exhibit 2), s4 �conded by Council Member LyE
DISCUSSION: \/0 i F
(% 1 YES No ABSENT ABSTAINED
II `fll I'I'
IEW DENIED
2. Hear from Lawson and Noble regarding �Axm, ground storage tanks at City Barn - Libbey
Webb (Exhibit 3).
Page 3 of 7
G
NEW BUSINESS CONTINUED
3. a. Council Member_ moved to exorcis(�
the City's right to require Sprint to relocate
fiber optic cables, as stated in the Irnnc rise
agreement, presently located in the
North/South and East/West alley belm id Okf
echobee Motors -City Attorney (Exhibit 4),
seconded by Council Member ,
b.
DISCUSSION: c yen ;
F
ilk �. `� 'i i `i I�'l.`t _ k,
YES No ABSENT ABSTAINED
Li
.s
ARRItD/DENIED
V
f
i
1 s f I
l
Page 4 of 7
G.
NEW BUSINESS CONTINUED
4. a. Council Member C., moved
to appi m/c, a Grant of License between the City of
Okeechobee and the American Legion
kilei i if)rial Post No. 64 - City Attorney (Exhibit 5);
seconded by Council Member /-O�
— ,
b.
DISCUSSION: C.
I F.
YES No ABSENT ABSTAINED
7t-)
(�C DYDENIED
L
V
5. Discuss ex-parte communications in City government - City Attorney.
ji(
C
V, k f XJ
I J
J
/'Page 5 of 7
G. NEW BUSINESS CONTINUED
6. Discuss August 18, 1997 memorai idum i Councilman Watford and Mayor Kirk -
Councilman Markham (Exhibit 6).
IV
J
RA,
x" 1!
Page 6 0f 7
G. NEW BUSINESS CONTINUED
7. Discuss and decide the selection proce.,--,,; N 11 i,) police chief position - Mayor Kirk (Exhibit
7).
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Page 7 of 7
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AN ORDINANCE AHEPIDITI(I C'IH\,r'TEF I I , 'T' rl" r 1 P A I I ), I
CITY OF' APP!!I'7 1,1
PROVIDTrIC POP T"I"UAIWE !.P.*F-:!:�]''--, F'
STRUCTURES; TENT0P. C) 17T' JT 17' r 7\, I"El',; FLEA MARKET
-)R 1, (1 1117 1, 1 T , V" I 1,J 1) 1 V T I) J_ IT\ I j(-)01j11 PR(lVIDITIt? .1\ FEE —
PRZOVIDIN(", LICENISTN(" 1) r,"' „'T`", 11 11) 17• I 1, IT I A N E PT77,
DA T I-,
L. lif� L t hall 1) 121111 L
--dleS WiLhill I-11(- 'If
s -)I icii.ui.s and s LLc,-,t- vc-,w- I I-
,\711 U-P EAS tht, i
I't P I-? I I d i L 1 t L I:
C L Ua �1 I-, p a i: 1: i ny Li. af fir --
a i i d p u I i c c a n d f i I I L I I I I a )-!I[ 1- 1,21 i
L11- (7it-l"'cl"s of the c i a 1; 0
III. T- TI T�A S i t. i j 1)
of the Cit]Ui C'] I
i,; duL es to p,,-C) t IF
w o therefore
I r T' T- I:'
F.' (I T 7 17,
B E T ()PDA 111 ED LY T! I E I
0 !1 I DA, AS FOLLOW
'11apLct t 1)JW.
FloL-ida, is am 11ded Lu add, Lu sai(l
S u, c . 10 - 7 7 T c mp U L a L a- S 1 U '-I L IL'
o illy.
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1. E'. emp t r:-; It
T I i o-,i! e 1, C, 2
L
Z h a 1 c o i if c) t In
I application
L C, c J Lu c p 1: 0 c es s L
7 G , a s I I as t I i c) s e
or
1 ly
allrLOVe1 in design an
at the inception of thf-
—,gin`
-Carnival, ALCUS, 01 fail Y! -t W a I wn L uvc I a vd
Iq V non ;I y[it , V, I I �j I 'n UL 11JU!
Mir piinwipal use.
Cummetci a I wainiva I, ci I -1� u I
induaRial disLuicl-j.
- Simi I a L L YUO " 1 1 r Y S I t W l!
not, usceed 30 days paL ycai-
( , ) TumporaLy A f 11 ;_hd
ni fins market sal -_-
Temporary C) f f P U emi S
au:ticnw, , flea mailout, sa!Qs Ina Y bo M I in
industrial districts, subjeM W 1 1 i 1 -gulal iOns 711 '
applicant shall:
Have wuiUen pnimission from LIAW jl_:Y-UY UWner-
-NUt
oUCCL
the SUUQLKL� fUL �01�
th"" 17 days POL 11_'WL.
HUM
all
required setbacks
1-1 J7 sAce 1140'j
tegul a Guns in the
dist,ricl- in :;hi A Au
1 is I W& U
all required
sign
iugulat-jons.
pvmuvu
all
WPQ_: Withill 1-
of t h''
- WmiL PL-"f -1
1 i abi I i I Y
i P ."-I"
n V I I
' ' n " 1 W . _`l ""
the
PUL i Ud for which the
PPL Mi L in i
SZ UN,
i n I h,
wi uimum awuun u '
0100,000.00 per UCWUL:CnC'.
-Al 1 booth ei Ep, ,1h,j zal v 74 11 Inv licensW a:. -
single event by the PaLLY C1190"IZAj but each houLln,
stall, or participant whAl 1-11 1 i nse fe'_ f
event .
(1) TeMPOLMY WE
PUUMiln7 4'-'
:min: .
Temporary rFf 1 1
[KI
�-Inr n-j
p C L Mi t t e d hl C OMMe r 0 i a 1 all
L L 3 '
Z W UL j e U 1- ! 0
following regulatiuns. The
City
A Qwnchubvc Mads
that. such sal _�
aLv wuhjuyL tu the YL-W !,
a 7
Kpj, , ' -' '
'IYU 3na J;YP"'j
ji obi ems ; additional p u 1
i c c
an! f 1 L 0 AP I I WCW
_, a! , - 1 a i Un ;
garbage and trash cleanup,
inn
v2pe"ALULK K
QM exLiw"&iaar,
City services. TherefWe,
Lh?
ll
a Vyi li:V shn:
r
SECTION THREE: The City 71-ik K511 I'Mad cup! -, i!)'
ordipancu t o No tecoided in L h v pub! L- 1 U f I I
CounLy, MOW
SECTION FCUR: This ULdin!"-C �Wll
C) f 1177, W 021! hot I f ww t imw I i a t I y
upon i�'s aaopLiun.
1AVIVOWA EUL 11171 i - A Pug 1q i nil public hw7r&�j
this .... day of August. 1097.
HA OF !AMES III F
ATTEST:
BOUMIE TWIAS, CITY -UEPI-, A, �! I r 1 T- CITY ATTORNEY
Pay sed and WopUd on omc"nd UMP howing
this --- day of
ATTEST:
BOUHIE THOMAS, CITY CLEPI'%
APPROVED AS TO FORM:
jOHN R. 7??F, CITY ATT?RP7:
CITY OF OKEECHOBEE
CITY COUNCIL MEETING
OFFICIAL AGENDA
A. Call Meeting to order on September 2, 1997
B. Invocation offered by Reverend John P. Zeigler: Pledge of Allegiance led by Mayor Kirk
C. Mayor and Council Attendance:
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Robert Oliver
Council Member Dowling R. Watford, Jr.
Staff Attendance:
City Administrator Bradshaw
City Attorney Cook
City Clerk Thomas
Deputy Clerk Gamiotea
D. Motion to dispense with the reading and approve the Summary of Council Action for the Regular Council
Meeting of August 19, 1997.
E. Motion to approve the Warrant Registers forams', 1997.
General Fund: $221,006.58
Public Facilities: 2,316.10
REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA
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AN ORDINAIICE AHEIIDIIM, (_'IiA1"' EF ""PT' '`F
CITY OP' C1KEFCIIO1;EE; IIPhII1r ",E( I'IOr
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BE IT ORD11IIlED
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,111C:,-wi-AK ju jawd :ITuttjn;;
IuaAa vqj
i��r1d sup IOg) X13ytj-I j;_t mnmrup"
SECTION THREE: The Viky N-A : hll 1 -vq:,
ordipannu to Lw LCCOLded in Lhn publi,- of C2 I
Count;, Flouida.
.SECTION PCUR: This Mdinm-n shnll
of — ln?7, 1.1 05711 lnkUnyt imwlivtcly
upon V's aaopLiun.
!.:VIUOAWW CUL VVIn! _;109 !Va pil public hniviwj
this .... day of August, 1297.
ATTEST:
BOnUIE TWIAS, CITY -hEPK,
HAYOF SAHES EIFT'
1'11'i:P '?'" :
9 v, —F, CITY ATTORNEY
Passed and ado&cd on swcond 1—l'"! F"bl i h"' ing
this --- day of ---! 1
ATTEST:
BOUNIE THOMAS, CITY CLERK.
arPROVED AS TO FORM:
JOIN R. 7??F, CITY AT` ?FP77
The Okeechol a News
P.O. Box 639, Okeechobee, Florida 34973
(813) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
NOTICE OF PUBLIC lEEARING BY THE CITY
COUNCIL
Before the undersigned authority personally appeared
CITY OF OKEECHOBEE, FLORIDA
PLEASE TAKE NOTICE that the City Coaneu of me
Richard Hittwho on oath says he is Publisher of the Okeechobee
City of Okeechobee,:0put,'' °°
I'''°�'�°r
r Y
1 a 7oidan hill
1997 r 7:ao pm, or r .een rhrealter r peati6l., at the
*ar as e
News, a DAILY newspaper published at Okeechobee in
P
city Radius ed n
�'"d Ave,rO1meC�
�
nd t a public bm a
P, emdeet. pwt+;<herhtB m and there.ser consider rural
Okeechobee County, Florida; that the attached copy of adver-
reading of the following Ordinance: ORDINANCE No.
743, AN ORDINANCE AMENDING CHAPTER 1s of
tisement, being a
THE CODE OF ORDINANCES, CITY OF OKEE-
CHOBKE, FLORIDA; ADDING SECTION 10.77;
� n
PROVIDING FOR ISSUANCE OF LICENSES FOR
TEMPORARY STRUCTURES; TENT OR OFF.
PREMISES SALES; FLEA MARKET OR INDIVID-
UAL BOOTH SALES; PROVIDING A FEE SCHEDP
ULK; PROVIDING LICENSE PROCEDURES; PRO-
VIDING AN EFFECTIVE DATE.
AR a®bere of the public als requerad to ataead and par
ticlp.r io rid hawkw Said proposed Ordinance easy be
taspoaed by membm of the pahtk is the Office of the Cky
(Irk leca nd in the City Hail Badi g diving sagalar hod.
in the matte f
nese hours,
�y through may' -s oo per`'
PLEASE TAKE NOTICE AND BE ADVISED that if any
person desires to appeal any decision made by the City
Council with tasI , I to any mamr cmidved at thi brat
ins. m& mbpeated person wW used a tenor I'd tb pro
ceeduar, and for such purpose may need to mans a vwba-
tim record of the proceedings is made, which record
includes the teatimmy end evidence upon which the appod
is to be bad.
In Boeordsuse with the Amricaoa with Dissbai ies Act
'
(ADA) and Florida Stems 29&26; parents with dissbrlties
needing Div accommodation to patticipass in this pro-
in the 19th Judicial District of the Circuit Court of Okeechobee
ould two
days p� dh�r81� rZ � amistu o
County, Florida, was published in said newspaper in the issues
if hesr:K is ump -od, telephone the Florida Relay sr.
Number 1-300-995-8771 (TDD) or 1-800-935-8700
3
of
RONNI) THOU cam CITY aEUc
PUBLISH: W22/V7
OKEECHOBEE NEWS: Sm
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication
in the said newspaper.
Sworn l and subscribed before me this - .
r:lr�
9� ,'sa"•''7:?�• se5t.Y sup PPic':
da o A.D. 19 1 ` 'rotary Fublic, Sl,ate ct Flc,in
I— /7 s= My coma. expires Aug. 12, 2000
� I 1/ f 0 D �x?r comm... No, CC576315 i
Notary Public, StateW Florida at Large
'Or-PUBL'01C
NOTICE*
BY THE CITY COUNCIL, CIS''- (; y = r .'::� :�110BEE, FLORIDA
PLEASE TAKE NOTICE that 11-w CON, N, Council of the City of
Okeechobee, Florida will on Monday, "-4-14ember 8, 1997 at 5:15
p.m. or as soon thereafter as ;d the City Hall Building
located at SE 3rd Ave, Okeecliol wc. I,T conduct the first public
hearing on the proposed 1997 / 9 8 Year Budget.
ALL MEMBERS of the public :_► vc ► o luested to attend and
participate in said hearing. S. ► id Pr( )Dosed budget may be
inspected by members of the pti H ic iii I ►c Office of the City Clerk
located in the City Hall Buildi i i g d ► i r i ► ► o' regular business hours,
Monday thru Friday, 8: 00 a.m. - 5: U(> 1 ? . i ► ► .. except for holidays.
PLEASE TAKE NOTICE AND AI WISED that if any person
desires to appeal any decision► i►i<_►d( 1)y the City Council with
respect to any matter considered i ( (I i i, I ►caring, such person will
need a record of the proceedings. ► racI h ►r such purpose may need
to ensure a verbatim record of I I ►c I i-oceedings is made, which
record includes the testimony ; ► n c 1 -vi d ence upon which the
appeal is to be based.
IN ACCORDANCE with the Amcric ; i i i�; wit11 Disabilities Act (ADA)
and Florida Statute 286.26, pci-s;mrvvith disabilities needing
special accommodation to par I i c i 1), 11( i ► ► this proceeding should
contact Bonnie Thomas no la I r 111, ► ; ► 1 wo (2) days prior to the
proceeding at 941/763-3372 for <i�-,sis1: 111ce; if hearing is impaired,
telephone the Florida Relay Sc ►-v i c •c Number 1-800-995-8771
(TDD) or 1-800-955-8700 (VO I C' I I 1 t>; i ssistance.
Bonnie S. Thomas, CMC, City
E-2
TO:
CITY OF OKEECHOBEE
MEMORANDUM
Mayor and City Council DATE: August 27, 1997
SUBJECT: Downtown Grant Bid
FROM: Robert J. Bradshaw, City Administrator / 7
Below is a table showing the results of the proposals for the facade work for the downtown
grant. As you can see, W.G. Mills, Inc. had the lowest bid. Therefore, I am recommending
that the City Council award the bid for facade work to W.G. Mills, Inc.
COMPANY
C & D Construction
McTeague Construction
W.G. Mills, Inc.
AMOUNT
$ 630,460.00
570,000.00
499,037.00
The actual amount of the W.G. Mills bid will be approximately $100,000 lower after a
change order is placed. This is due to the fact that the original bid included a few
properties that will not be participating in the downtown project. As soon as we have an
exact amount, we will be bringing the change order to the City Council for approval.
RJB:nb
Attachments
BID FOR LUMP Sal CONTRACTS
Place: City Hall Council Chambers, city of Okeechobee, Florida,
55 SE Third Avenue, Okeechobee, FL 34974-2932 Date: AUGUST 1,
1997 Project No.: CDBG 95 DB-65-07-57-02-C37
Proposal of W. G. MILLS, INC.
"Bidder")
(hereinafter called
(a corporation [x] partnership [ ] individual [ ) doing business
as
to the City of Okeechobee, Florida hereafter called "Owner"
The bidder, in compliance with your invitation for bids for the
construction of a building facade renovation to existing
buildings fronting SE and SW Park Street and connecting streets
extending 1-block to the south, having examined the plans and
specifications with related documents and the site of the
proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed projectincluding
the availability of materials and labor, Hereby p po
ses to
furnish all labor, materials, and supplies; acid to construct the
project in accordance with the Contract Documents, within the
time set forth therein, and at the prices stated below. These
prices are to cover all expenses incurred in performing the work
required under the Contract Documents, or which this proposal is
a part.
Bidder hereby agrees to commence work under this contract on or
before a date to be specified in a written ,110tice- to Proceed" of
the Owner and to fully complete the Project Within 180
consecutive calendar days thereafter as stipulated in the
specifications. Bidder further agrees to pay as liquidated
damages, the sum of $200.00 for each consecutive calendar day
thereafter as hereinafter provided in Paragraph 19 of the General
Conditions.
Bidder acknowledges receipt of the following addendum (addenda):
Addendum No.l YES Addendum Tio.2 YES
BASE PROPOSAL: Bidder agrees to perform all of the work
described in the specifications and shown on the plans as base
bid for the sum of ($� ?� ) (Amourit
shall be shown in both words and figures. In case of
discrepancy, the amount shown in words will govern.)
W. (;. MILLS, INC.
ADDENDUM NO. 2, ATTAC1JN1ENT A
10
nt:GUsr 1 1997
60 39dd dnodq sis.=N39 A96s 9�79E to
E7.:Rg L66L/8Z/Ln
BID FOR LUMP SUM CONTRACTS
Place: City Hall Council Chambers, City of Okeechobee, Florida,
55 SE Third Avenue, Okeechobee, FL 34974-2932 Date: AUGUST 1,
1997 Project No.: CDBG 95 DD-65-07-57-02-C37
Proposal of C & D Cons true i.o ,T_ns (herei-nafter called
"Bidder")
(a corporation [XXj partnership ( ] individual [ ) doing business
as
C & [) Construction, Tnc.
to the City of Okeechobee, Florida hereafter called "Owner".
The bidder, in compliance with your invitation for bids for the
construction of a building facade renovation to existing
buildings fronting sE and SW Park Street and connecting streets
extending 1-block to the south, having examined the plans and
specifications with related documents and the site of the
proposed work, and being familiar with all. of the conditicns
surrounding the construction of the proposed project including
the availability of materials and labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the
project in accordance with the Contract Documents, within the
time set forth therein, and at the prices stated below. `These
prices are to cover all expenses incurred in performing the work
required under the Contract Documents, of which this proposal is
a part.
Bidder hereby agrees to commence work under this contract on or
before a date to be specified in a written ,Ijotice to Proceed" of
the Owner and to fully complete the Project wi.thi_ri 180
consecutive calendar days thereafter as stipulated in the
specifications. Bidder further agrees to pay as liquidated
damages, the sum of $2oo.00 for each consecutive calendar day
thereafter as hereinafter provided in Paragraph 19 of the General
Conditions.
Bidder acknowledges receipt of the following addendum (aaaenoa):
Addendum No.1X Addendum 14o.2 X
5/16/97 7/27/97 work
BASE PROPOSAL: Bidder agrees tO perform all of the
described in the specifications and shown on the plans as base
bid for the sum of Six hundred twenty thousand, four hjn(Ired (Amount
sixty dollars
($620,460.00
shall be shown in both words and figures. In case of
hown in words will govern.
discrepancy, the amount s)
ADDENDUM NO. 2, ATTACIINIENT A
10
Co :;L dl-II�c SIS�112� 08611OZ9CTB 9h 8(� '6bi18�/LO
E _ 3 LNW
ENGINEERS • PLANNERS • SURVEYORS
,l ► EMO
TO - ROBERT BR- DSNAW. CITY .A.D'v ISTR-ATOR
�,T,\ FAX (81 )76�-1686
FROM - LIBBEY WtBB
DATE - AUGUST 20. 1997
RE - FOLLOW-UP 0N1 TAN-K OR N TE y, AtiC�:. FACiLi i Y
TO R-ECAP THE DLRECT7,,T OF i ��-3E COL'�LCll _`•'IEETL\�G. T'nE C L'�C)Vti'i G
WILL OCCLR
• i ''•�-iLL CONTACT TABKTEn %'�C TO REQI rS T'-! COSTS Oi, cif
WITH. THE _ITNSTALL ATION OF .kN LTDERGROL��D DOUBLE «`LLLED
T A�\71K PER CHIEF TOti1F.Y'S `�.OLEST.
• I A2vi SE DNG CHTEF TO'-1FY A COPY L-)F Ti-lE Sl c P-A
SPECIFICATION PACKACE r-ST
• I WILL 'v1EET �� 1�i Cr,F TCATE",,' TO RESOLV -Try FLU RAID S
STA� ,,-D, RD DOUBLE %l-.ALI Ev T.`,`•i' ISSUE
CHTEF TO- IF-Y CALLED ",IE i HSS NIOR\, '` -3 "fin DiSC"'SS ''S COS ERAS
REL.�.TI� TO AN .ABU�'E t�RUL_-D T_� 1" S':�D CI F
TONZEY THAT V�'TrT\,' W7 vVERE I�ITLal LY CON-T_=;Cii BY MR DR -AGO TO
PRE?,�,RE THE SI T E. ?L_'L-N ---V-D SPECIFICATION P." C:-aC _ 'Y� �r_ u fl��-
TI-E -\LA-NT-7FAC=RIER'S BROCHURES ikND S P E C 1 ICA-110NS AL0'',G
CcT�aCT N,kMES A2\i-D D[RECT cD To I'SE .�N A3 � o�
»7ND
COMPARABLE TO THE IN R OA-ATIOI\ PROV'DED I FLRTI�R STA T�D THAT
T ~ CO'vLP.� Y. R0%7DEL D TH_E 3R(DcP-7_RE. DID 31D 0 T iE
PROTECT DUE TO T'�IR «ORKLOAD � 1S OL`R \i �+TIO'` TO RESC)L�'E
1 rIIS :`Sl �7� H CHIEF TONE- BY NL� 1 � 1� C-Z� �i i�
FORWARD.
1 WILL KEEP YOU ADS ISrD OF O� h PROGRESS.
()' �� FA`t S i . )76-- 4'
LAW'SON. Noes & WEBS. INC. =2_ CJ:ur^o:e r:� •'.Nus' Pd.^ �'3 .�,Gro fax ;-L� 7) 584-181-2
1-wson. Nosu-F h Assocarfs =�J :'�• "tea:^ 3� �. +r 5u:;e : ��� S' �C:e. '.a?33 c;' _ '' • =az
E-4
FRANCH I SE nGRd M-KN i
THIS AGREEMENT entered into this 20th day of J«rl(? ,
1983 between the CITY OF OKEECHOBEE, FLORIDA, a politir:al subdivision of the
State of Florida (hereinafter called Grantor) and U111I11) II_LEPHONE COMPANY
OF FLORIDA, a corporation organized and existing tnider the laws of Florida
(hereinafter called Grant.ee),
ldl INCSSLIH:
A. Consideration:
1. In consideration of the Coll sQuA io n, w,I in ,name, and
operation of telephone lines and other roc i l dies Iirwdiih,r e Wobl ished
by the Grantee and to hereafter be estahl ishrd and iu,r inl,l inod and as herein
provided for the benefit and convrnience of Iha iiih-ihiI,tills of the Cr'llltor,
an. mutual covenants herein contained, and;
7. In consideration of the Grantee pay)nl Lo Gr'anlor' an allllUal still)
equal to one percent (1S) of the Grantee's gro,;s annual, rr�curr'illy local
service revani-le generated from the convent Final bits hvn s rr)d ims idwRm sub-
scribers located within the corporate 1 imi is of Grantor, W ich annual suers
due Grantor ;hall he paid on or hrfrire the 14L (hy of I.1-rrr h of each yrar for
the preceding calendar year, it being agviced that ho uld the Florida Public
Service Commission approve Tariff charges of opr:,ril,ing telephone companies
increasing the one percent (1%) 1 imi tat ion Lh i ; Ayree.ment will be
subject to renegotiation at the request of r i i drier Marty, by giving the other
thirty (30) days notice in writing.
ti. Grant of Franchise:
1 . The Grantor does hereby grant to the Will -up, i is successors
and assigns the right, privilege, and franchise (not ('x(lusive) for a period
of fifteen (15) years from and after the effective dHte of this Agreement to
construct, maintain, and operate a communications system or' systems in, over,
upon, under, and across the present and future streets, allays, avenues,
easements for public utilities, highways, bridges and other public places in
the City of Okeechobee, Florida, any and all necessary telephone, telegraph,
property and appliances as may, in the opinion of the Grantor and its govern-
ing body, be required for the reasonable protection of the public health,
safety, and accommodation of the community; and, when in the opinion of the -
Grantor and its governing body the public necessity or reasonable convenience
so requires, to demand the removal, reconstruction or relocation of such
property and facilities.
F. Restoration:
Grantee shall properly replace or repair any s idowal ks or street
that is displaced, destroyed, or damaged by Lhe GronLee in construction,
establishment, use of maintenance of its poles, lines, conduits or other
systems
and
equipment;
and Upon failure
to
do so al or
On (10) days Mice
in
writing,
shall have
been given
by Lhe duly
MHAM
Lcd ,rulhoriLy of
the
Grantor to the said Grantee, the GranLor- may wpair Me own at: Lhe cost of
the Grantee.
G. I-ffective hate and Termination:
This Agreement shall be effective from Auyust 1 -, 1983 and
shall terminate on July 31 1 9 9d
WHEREFORE, we hereunto set our hands and spals Lhe day first appearing
above.
AIIEST:
City Clerk
L; I I '( ()I (r':I I r;l{r�lll_I I LURIOA
Gr,rnLor'
UU I I f_D III I IMIF COMPANY OF I LOP I DA
Grantee
ir.e President of- Customer Svc.
i (l
telephonic radio and other methods and means pf, common ication, togeLher AL11
all necessary or desirable poles, Lowers, cables, wires, transmission lines,
and all necessary or desirable appurtenances thereto, for the purposes of
supplying telephone, telegraph, telephonic radio, or other means of commun-
ication services to Grantor, and its successors, the inhabitants thereof,
and the persons and corporations beyond the limits thereof, for domestic,
cowmer'cial and other purpOses. Grantee agrees to install all now service
in the City of Okeechobee underground after nuqust 1 1983, except in
those instances when the placement of underground facilities cannot be
economically justified or when such placwwrnt could rrpak an economic burden
on the citizens of the City of OkeeMbee as part of the ypnrral body of
telephone subscribers.
C. Hold Ilaruiless:
The Grantee hereby covenants and aymes to hold the Grantor
completely harmless and to indemnify it from any ,rnl all liability, loss
and damage to persons and property of PvPry nr l ure who kopver• resulting
from the Grantee's opera Lions and f ac i I i L i as of every no lur v wha Lsoever,
including, but not 1 imi ted Lo, the opural. ion, pW illy, wn inkndnce, and
repair of Lhe Grantee's equipment, poles, 1inr;, JHY Wires, conduits and
holes and declivities and breaks in pavement and ulhcr changes or alterations
in the streets, sidewalks and property of 1 ho W,u UC dr WHY therefrom.
U. Interference:
It is agreed Lhat poles, towers, and wiren and other equipment: of
Grantee shall be located so as to Warfere an I i tl e on pconL icable with
normal use of said streets, avenues, alleys, highways, bridges, and other pub-
lic places, and so as to preserve reasonable matins or pyres and ingress to
abutting property.
E. Control and Reclulation -a f Ilse of PAW is Proper Ly_:
1. This Ayrcemunt is made suh,joct: Lo the night of Lhe Grantor
to at all times control the distribution of ;pace in, over, upon, under and
across the streets, avenues, alleys, and other public places of said Grantor;
to make such reasonable regulations affecting and yuverniny Lhe use of said
streets, alleys, avenues, and other public places by said Grantee, and its
GRANT OF
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
THIS INDENTURE, made and enter? d inl_o
1997, by and bcLwrynt
FLORIDA, a municipal corporation e0& i n,
State of Florida;
GRANTORS, and
t h i:� __--- d a y o f
t h, PfTY OF OKEECIIOBEE ,
, ni, 1 ! h,, law:-; f i h-
The AHERICAId LEGION I MOLial Pest it I A O ,_°_chpben Florida, by
and through its officeLS and meMbel-S,
CRAUTIEES;
WHEREAS Grantor it hos,sess"A of I ho PLP, Pf I lle City known as
, I I t L It i ]l
"Downtown Downtown Park", in betw n NW l 1; — .111 Pal -
conjunction with the Hnmi_ iA Ti "S! ; WII
WHEREAS th,, Gi „ill r-es
havr l_rqti"_ ! " i
I yl
M 1" -le" 1 Wall
of Ilonor dedicated to Okporhohcr_•
V, l ci Flan
uid I", I
J" i : of thn OLM-d
forces who have served, protected and it&Eiudyd
out Nation to I;,e
placed in the Easternmost
block of thn Path
b-tip-en
S.R. 15 and
S.W. 2nd Avenue, and the
Grantor f i.nds
su-L nvc
serves l vol i I
Municipal purpose; and
WHEREAS Grantor haS licensed o"I "sQs wf Public area, of the
City for legitimate benevolent, iratgl_n1I or charitable
organizations, and has the alltheLitY to P::-''&q '.'" pel:illi""On.`
and the Grantee agrees to act as agent f nI I _cud in conjunction
with, all other Veterans erganizat ic:n s will,-n nke,,chobee County.
Florida in this endeavor; and
WHEREAS Grantor has agreed in considni at icon of the stun of Tnn
Dollars ($10.00) and other valuable couSiMatiklus, the sufficiency
of which is herein acknowledged, t, yl any, t" ai nn! ne and all ut her
Veterans' organizations within OkewchuV- �""& y, Florida si.mi laxly
situated, for the purposes and in thu 110"n-L eXULPSsed bel";
MOW, THIS INDENTURE WITNESSETH:
The Grantees ate granted a license fOr full Nile] [roe light. and
1 iber ty for t hen] and thei r members , gues is , s,,rvants , agents,
employees, visitors, licensees, in common with ill person:_' havi iig
the like right, at all times hwUeafter, fUL all y"uVoses connected
with the use and enjoyment of the land of My C.ranLee and those
likely situated for whatever purpose the 1anI Rom time to time
lawfully may be used and enjoyed, to Pueck in 11,., I ast._rllm" block
of the Downtown Part:, lying between S.P. 15 (Hwy. I'll South; and
S.E. 2nd Avenue, a LllOnllilent./Im morial dedic";ird tO VeteLans =1
members of the armed forces to serve as an "Nall of Honor", which
may include installation of other itt-�ms Q1 ,u,-w-i abilia rrlaLmd to
the armed forces, to be erected subsf_anti._i11i i., acr"ud with, and
as described and planned in tlle l ll,:tl_on draw i ngs
submitted to the City on June 3, 1997, which plan is incorporated
herein.
TO HAVE AMID TO HOLD (he licensn 1_? jr:antpri ;.alto Grantee, it.,.;
suc•ce 3s:)rs in interest and thos�c' lik,,ly �.i-tuatc_��_l as described
.abuve, fur a period iil p-lpatuily, _111,nn _;11 II-L terminated a:;
hereinafter- yet. foLlh.
It is understood that the licellsu is givcli upon the enpress
understanding and condition that it lm:,y i - continue to be also used
Grantor, its C'
by C assigns, and all members of the general plubl icy
,sCsn. �'
without restriction, in conjunction with the uses of Grantee,
however" recognizing that such Public "sr Thall no' infringn -puo ni
interfere with the dignity and respec� due Lhp of erans as depict",
by the Wall of Ilona]..
w
It. is furLhei undelood thazllI('C If improve, mainta:iit
artd otherwise construct a permanent: monument i it c•ollLoLmi.Ly w:i Lh
State and local c.ocle oL ordinanc• •, and i u no way will be
bound to improve, maintain or construct the mollt.11lent—: alld/ol uthcr
improvements, or to keep it ill Lepail, ol. to maintain ItL:ili.l.y
E;ervice; not" do Grantor. LISSllllte ally ll d i11L1 01 C," pC`I1Slbillty to
Grantee using the land by i.nvHatinll, ::pl 1)1 implied, OI ]:,y
reason of any business, conducted I•,i►1t rl.aut, t)l otI rwist
The Grantor sha l 1 howeve l_ , .-Ili i slut It, n,I i I,! n i rl a t. i. t'; ()Iau
expense, and in its owls discl:t'tlr," 111-it aI '7 cl. saki Park chick
includes grass, SpLillli101 :, .'. t.,''1ft. :1Q_ illU
provides and in a similar manner to othel aLn;j:: tf the Pack. Tn the
event the Grantor must relocate t.lie i L'Lig !Li oil } L Lela (21 +.:h',I
improvement to accommodate the GL-Mlt(?JS us,_'s , t ]1f 11 rI.-antre dial 1.
reimburse the Grantor for actual cuSLt, as!-f,c:i t! l Ir:i t11 su-It ot()II".
In return for this gLant of IicF'llse, I lit' (';callShaI l aSsunte
all responsibility and 1ia1)i11ty foL Lltt:' ntvltum nts or oLl1rL
structures or exhibits to-ated 011 or I;ith t.11c t7;_tl1 of I1Ol1c,L, and
shall hold the City of Okeechc,l_,ee, its a:,sign:,, and the ]Iamrick
Trust and its beneficiaries harmleL-- fLoin any claim, demand, action
or suit which alleges peLClonal i-11juL1 t)L ic, :�, �f 1 i [,oI pr()p,-1 Ly
aL`].SiI1g out of the use of the C1C.^•1.,11'l t.r;` 1 [`„' !
Park by the Grantee, its agents, inv t who IWIy visit.
said memorial.
This license and peLmi.ssioll to u:;c thi II t';l of the pal.,,, as
wel l as the right to erect monument; r,t 1)� unl-a�ollabl y
restricted or terminated by the Grantor; h()w,.�v,-'1_ CcantoL or its
assigns reserves the rigllL tc? t1:1L111iD At r' t-lli. l 10E'11SF' and t.lie
described uses upon actual public, n,>t.r-'Srti.ty til tctt valid Municipal
purposes upon 90 days advance nol:ic'.
I1-1 WITNESS WHEREOF, GLaLILUL and 'L .1n1' '_t .. nh their. Ball-:
and seal on the day and ye t L above
ATIFES 1'
Itit1(P., ITZ C!f' 0K.EECII0BEE
C' [T'I CLI:PT,
J11fE:I? LP-E O I FIB` `�
r
Attachment for Item G.5.
GOVERNMENT -IN -THE -SUNSHINE MANUAL
board regarding their selection of the third member of the board must be conducted in accordance
with the Sunshine Law. AGO 93-79.
It is the how and the why officials decided to so act which interests the public, not merely
the final decision. Thus, the court recognized in Times Publishing Company v. Williams, 222 So.
2d 470, 473 (Fla. 2d DCA 1969):
Every thought, as well as every affirmative act, of a public official as it relates to and
is within the scope of his official duties, is a matter of public concern; and it is the
entire decision -making process that the legislature intended to affect by the enactment
of the statute before us. (e.s.)
2. Circumstances in which the Sunshine Law may apply to a single individual or where E
two board members are not physically present
The Sunshine Law applies to public boards and commissions, i.e., collegial bodies. As
discussed supra, s. 286.011, F.S., applies to meetings of "two or more members" of the same
board or commission when discussing some matter which will foreseeably come before the board
or commission.
Therefore, s. 286.011, F.S., would not ordinarily apply to an individual member of a public
board or commission or to public officials who are not board or commission members. Inf. Op.
to John Dillener, January 5, 1990 (Sunshine Law not normally applicable to meeting of town
council member with private citizens). See, Deerfield Beach Publishing, Inc. v. Robb, 530 So.
2d 510 (Fla. 4th DCA 1988) (requisite to application of the sunshine law is a meeting between
two or more public officials): City of Sunrise v. News and Sun -Sentinel Company, 542 So. 2d
1354 (Fla. 4th DCA 1989); Mitchell v. School Board of Leon County, 335 So. 2d 354 (Fla. 1st
DCA 1976). But cf., Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991), review
denied, 598 So. 2d 75 (Fla. 1992), stating that ex parte (i.e., from one side only) communications
in quasi-judicial proceedings raise a presumption that the contact was prejudicial to the decision -
making process; and s. 286.01 15(2)(c), F.S., enacted in response to the Jennings case, providing
that in a quasi-judicial proceeding on local government land use matters, a person may not be
precluded from communicating directly with a member of the decisionmaking body by application
of ex parte communication prohibitions.
Certain factual situations, however, have arisen where, in order to assure public access to the
decision -making processes of public boards or commissions, it has been necessary to conclude
that the presence of two individuals of the same board or commission is not necessary to trigger
application of s. 286.011, F.S. As stated by the Supreme Court, the Sunshine Law is to be
construed "so as to frustrate all evasive devices." Town of Palm Beach v. Gradison, 296 So. 2d
473, 477 (Fla. 1974).
a. Written correspondence between board members
The use of a written report by one comnussioner to inform other commissioners of a subject
which will be discussed at a public meeting is not a violation of the Sunshine Law if prior to the
meeting there is no interaction related to the report among the commissioners. In such cases, the
report, which is subject to disclosure under the Public Records Law, is not being used as a
substitute for action at a public meeting as there is no interaction among the commissioners prior
to the meeting. AGO 89-23.
If, however, the report is circulated among board members for comments with such
comments being provided to other members, there is interaction among the board members which
is subject to s. 286.011, F.S. AGO 90-3. See also, AGO 96-35, stating that a school board
member may prepare and circulate an informational memorandum or position paper to other board
members; however, the use of a memorandum to solicit comment from other board members or
29
GOVERNMENT -IN -THE -SUNSHINE MANUAL
also, AGO 96-34 ("E-mail" is a public record). Cf., Inf. Op. to Honorable Stephen Galaydick,
October 19, 1995, advising that school board members may share a laptop computer even though
the hard drive of the computer contains information reflecting the ideas of an individual member
as long as the computer is not being used as a means of communication between members.
d. Delegation of authority to single individual
The Sunshine Law also applies when an individual has been delegated the authority to act
on behalf of a public board or commission covered by the Sunshine Law. AGO 95-06. Section
286.011, F.S., therefore, would apply to meetings of a single member of a board who had been
delegated the board's authority to lease land relating to that issue. Thus, the negotiations by that
board member for the lease of land would have to be conducted in the sunshine. AGO 74-294.
A meeting between representatives of a private organization and a city commissioner
appointed by the city commission to act on its behalf in considering the construction and funding
of a cultural center and performing arts theater would also be subject to S. 286.011, F.S. AGO
84-54. Similarly, when an individual member of a public board, or a board member and the
executive director of the board, conducts a hearing or investigatory proceeding on behalf of the
entire board, the hearing or proceeding must be held in the sunshine. AGOs 74-84 and 75-41.
If a person designated by a board is authorized, either formally or informally, to exercise any
decision -making authority on behalf of the board, i.e., to reject or modify certain contract
provisions or terms, that person would be acting on behalf of the board and any such meetings
are subject to the Sunshine Law. AGO 95-06.
An appellate court has also held that if county attorneys entered into a contract without
formal action by the county commission, enforcement of the contract would violate the Sunshine
Law, noting that "[i]f the county could not have entered into this contract without action taken
at a meeting, it necessarily follows that the actions of the county's attorneys could not bind the
county to specific performance of a contract in the absence of proper commission approval."
Broward County v. Conner, 660 So. 2d 288 (Fla. 4th DCA 1995).
Thus, if a member of a public board is authorized only to explore various contract proposals
with the applicant selected for the position of executive director, with such proposals being
related back to the governing body for consideration, the discussions between the board member
and the applicant are not subject to the Sunshine Law. AGO 93-78. If, however, the board
member has been delegated the authority to reject certain options from further consideration by
the entire board, the board member is performing a decision -making function that must be
conducted in the sunshine. Id. See also, AGO 90-17, stating that if the board member has been
authorized, formally or informally, to exercise any decision -making authority on behalf of the
1 board, such as approving or rejecting certain contract provisions, he is acting on behalf of the
board and the meetings are subject to s. 286.011, F.S. Accord, AGO 95-06.
It must be recognized, however, that the applicability of the Sunshine Law relates to the
discussions of a single individual who has been delegated decision -making authority on behalf
of a board or commission. If the individual, rather than the board, is vested by law, charter or
ordinance with the authority to take action, such discussions are not subject to s. 286.011, F.S.
For example, in City of Sunrise v. News and Sun -Sentinel Company, 542 So. 2d 1354 (Fla.
' 4th DCA 1989), the court held that since the mayor was responsible under the city charter for
} disciplining city employees and since the mayor was not a board or commission and was not
acting for a board, meetings between the mayor and a city employee concerning the employee's
duties were not subject to s. 286.011, F.S. Cf., State, Department of Management Services v.
Lewis, 653 So. 2d 467 (Fla. 1st DCA 1995), stating that the issuance of an order of
reconsideration by a board chair did not violate the Sunshine Law where the purpose of the order
was to provide notice to the parties and allow them an opportunity to provide argument on the
issue.
31
E-6
CITY OF OKEECHOBEE
MEMORANDUM
TO: James E. Kirk, Mayor DATE: August 26, 1997
SUBJECT: Administrative Meetings
FROM: Dowling R. Watford, Jr., Councilman
It has come to my attention that certain Council members are attending meetings held by
the City Administrator with citizens, developers and department heads. I feel this puts that
Council member in a delicate position, and could hamper the effectiveness of the City
Administrator. No Council member should attend such a meeting without a request of the
Mayor, the City Administrator, or the individual (with the consent of the City Administrator).
Please advise if I need to put this matter on a Council Agenda for discussion, if you would
prefer to handle by memo to the Council, or if I am incorrect in my assessment.
Thank you.
JRW:nb
E-7
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor and City Council DATE: August 27, 1997
SUBJECT: Police Chief Search
FROM: Robert J. Bradshaw, City Administrator _�F
On this date, the Police Chief Search Committee met to consider the eleven (11)
applications the City received for the above -stated position. The short list is as follows:
NAME
Rehmund Farrenkopf
Kelley J. Ammons
Kim A. Halburian
(`ITV/4ZTAT1=
Okeechobee, Florida
Okeechobee, Florida
Loxahatchee, Florida
facsimile
TRANSMITTAL
to: Tom Murphy, President, Okeechobee 0)ntr<ic i�)rs Association
c/o Close Construction
fax #: 763-6337
re: September 2, 1997 City Council Res,,iilar Meal int., Agenda
date: 97/02/97
pages: 3, including this cover sheet.
Should you require any additional informati()n hIe<<se contact the City Clerk's Office.
Thank You and Make I t i\ (I rent I gay! ! I
From the desk of...
City Clerk's Office
Bonnie S. Thomas
55 S.E. 3rd Avenue
Okeechobee, FL 34974
9411763-3372
Fax: 9411763-1686
facsimile
TRANSMITTAL
to: Bill Osterman
fax #: 763-6703
re: September 2, 1997 City Council Res. ul ii Alcciin-, ;\,,enda
date: 09/02/97
pages: 3, including this cover sheet.
Should you require any additional inforniatiOn pIc,isc contact the City Clerk's Office.
Thank You and Make It \ (l tali 1 ,
,;I\r i i
From the desk of...
City Clerk's Office
Bonnie S. Thomas
55 S.E.3rd Avenue
Okeechobee, FL 34974
9411763-3372
Fax: 9411763-1686
August 26, 1997
Lawrence E. Coonfare
410 N.E.6th St.
Okeechobee, F1. 34972
To: All Persons Having An Interest In The City of Okeechobee
Police Pension Fund
Re: Resignation of Trustee status with the City of Okeechobee
Police Pension Fund
Effective August 29, 1997, I, Lawrence E.Coonfare, will be
resigning my position as Trustee/Chairperson with the City of
Okeechobee Police Pension Fund.
My resignation comes with great hesitation as I feel that
over the past ten years I have been instrumental in helping to
make our retirement plan as beneficial to it's members as it can be.
But, due to medical/personal reasons,it is necessary that I resign
as a member trustee.
Ptl.J.P.Zeigler, Police Pension Fund secretary, should be able
to poll the Fund members so an elected member trustee can be
elected to replace me.
IF I can be of any assistance in the future please feel free
to contact me. I can be reached thru the Okeechobee Police Dept.
Respectfully Submitted;
Lawrence E. Coo are
lJ
FORM 88 MENOORANDUM OF VOTINr7 CONFLICT FOR
'COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME—MIUDLL NAME
Watford, Dowling R. Jr.
MAILING ADDRESS
701 NE 5th Street
CIT1
Okeechobee,
DATL ON NHICH V'(11L OCCUkkED
September 2, 1997
NAME OF BOARD, COUNCIL COMMISSION, AUTHORITY, OR COMMt7iFJE.
City Council
THL BO-%kU COUNCIL, COMMISSION, AUTHORITI OR COMS11TTEE ON
\\ HIC H I SER\'E 1S A UN17 OF.
0l'NTl CITI -_ COUNT) - OTHER LOCAL AGENCY
C
Okeechobee NAML 01 POL171CAL SUBDIVISION:
City of Okeechobee
111 POS1110N 1s. w
kX ELECTIVE = APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, cite, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies 'who are presented
With a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this las+are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the lacy when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office 1v4UST ABSTAIN from voting on a measure v,'hich inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom: he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING T.4 KEN by publicly stating 10 the assembly the nature of you- interest in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS hv compietinc and filing this form W11h the Person responsible for recordin_
the minutes of the meeting. who shouid incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowin-Lk voting on a measure which inures to the
special gain of a principal (other than a government agency) i.,\who he is retained.
A person holding an appointive local office otherwise m,ay participate it a matter in which he has a conflict of interes, but mus
disclose the nature of the conliic; before making am attempt to decision b', oral o- vv,ritten communicatiot:. vv'hethe-
made by the officer or at his direction.
IF YOU INTEND T MAKE.�� __..�
:IOFT: THF _,iE�..'�.
THE VOTE WILL BE TAi�EN:
• iou should complete and ma inc Lrr„�mp; �C :n_ ?iuer,c tl; ae 1s10n
recording the minutes o` the meeting. wric) vvil: incorpo-at: t.,� iorn ;,, the minul�_.
• .A copy of the Form shoui4 Pe 7ro\'ided immediate)\ tke (l:ne- members , ` :ire aL r,
• The form should be reae 'bllCi\ .; the meeiln'_
CITY OF OKEECHOBEE
MEMORANDUM
TO: Mayor Kirk and City Council
FROM: Robert J. Bradshaw
City Administrator
DATE: August 25, 1997
SUBJECT: STATUS REPORT
Below is a brief summary of past and upcoming events.
SUBJECT
SYNOPSIS
WALGREENS
At a meeting on 8/18, we learned that it will cost
$201,000 to relocate Sprint fiber optic cables. The City
has a franchise agreement with Sprint which allows the
City to demand Sprint relocate these cables at their own
expense.
CDBG GRANT
We will be presenting to the Council a recommendation
to approve a base bid to W.G. Mills, Inc. We hope to
have a pre -construction conference in early September,
and be able to break ground at the beginning of
October.
NORTHLAKE SHOPPING
On August 26 1 will be having a meeting with
PLAZA
representative of Royals and the ODA to begin setting
up a strategy to recruit a food store to fill the old Winn
Dixie.
0
FLORIDA DEPT OF There will be a meeting on 8127 to discuss: (a) Highway
TRANSPORTATION 441 North upgrade and expansion; (b) the left turn
signal on SR 70 and S.E. 8th Avenue.
POLICE DEPARTMENT We have received 11 applications for the Police Chief
position. The search committee will meet later this week
and hope to be able to present the Council with its
findings at the September 2 meeting.
CITY/COUNTY The City and County have confirmed their first dinner
RELATIONS date for October 1. The attendees will be: Councilman
Oliver, City Administrator, County Administrator and
Commissioner Abney.
If you have any questions, please do not hesitate to call.
2
OKEECHOBEE COUNTY SHERIFF'S OFFICE
P.O. DRAWER 1397
OKEECHOBEE, FLORIDA 34973
EDWARD A. MILLER 9411763-3117
SHERIFF TELETYPE. OKCH 1
August 14, 1997
Honorable James Kirk, Mayor
City of Okeechobee
55 S. E. 3`d Avenue
Okeechobee, Florida 34974
RE: Reymund "Buck" Farrenkopf
Dear Jim:
The purpose of this letter is to advise you of my unqualified support for Buck Farrenkopf to fill
the position of Chief of the Okeechobee City Police Department.
I have known and worked closely with Buck for well over a decade in every type of law
enforcement and administrative situation imaginable - from on the street investigation, to the
court room, to serving together on numerous boards and committees. Buck is extremely
competent; he is honest and forthright; he is a people person who can communicate on every
level; he is a leader who expects and gets the best out of those who serve under him; and he has
been trained and groomed for this position by one of the finest law enforcement officers I have
ever known - Chief Larry Mobley.
In short, I believe you can search from Maine to California and you will not find any other
candidate who will come even close to matching Buck's credentials for providing the citizens of
Okeechobee the same top quality law enforcement services they have enjoyed over the past
twenty five years under Chief Mobley. I recommend him to you without any reservation or
equivocation whatsoever.
Sincerely,
Edward A. Miller
Sheriff of Okeechobee County
EAM/fef
C.C. Councilman Bob Oliver
Councilman Noel Chandler
Councilman Dowling Watford
Councilman Lowry Markham
Chief Larry Mobley
City Manager Robert Bradshaw