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2001-01-02 RegularCITY OF OKEECHOBEE 77 JANUARY 2, 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: January 2, 2001, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor John Keith; Pledge of Allegiance led by Mayor Kirk. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Robert Oliver Council Member Dowling R. Watford, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 5, 2000 Regular Meeting. PAGE 1 OF 10 Mayor Kirk called the January 2, 2001 Regular City Council Meeting to order at 6:00 p.m. Council Member Watford offered the invocation in Pastor Keith's absence; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Absent Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the December 5, 2000 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. JANUARY 2, 2001 -REGULAR MEETING -PAGE 2 OF 10 V. WARRANT REGISTER - City Administrator. A. Motion to approve theNovember 2000 Warrant Register: General Fund .................... $336,494.74 Emergency and Disaster Relief Fund ... $70,850.00 Public Facility Improvement Fund ....... $25,484.51 CDBG Fund ......................... $5,000.00 VI. AGENDA -Mayor. Council Member Watford moved to approve the November 2000 Warrant Register in the amounts: General Fund three hundred thirty-six thousand, four hundred nine -four dollars, and seventy-four cents ($336,494.74), Emergency and Disaster Relief Fund seventy thousand, eight hundred fifty dollars ($70,850.00), Public Facility Improvement Fund twenty-five thousand, four hundred eighty-four dollars, and fifty-one cents ($25,484.51) and CDBG Fund five thousand dollars ($5,000.00); seconded by Council Member Oliver. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. Add under New Business Item C, number six, to appoint a Council Member to the Okeechobee County Family Health and Healthy Start Coalition. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:05 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 761 closing the North Council Member Oliver moved to read by title only, proposed Ordinance No. 761 closing the North to South Alley in to South Alley in Block 170 presented by Parrott Avenue Christian Church - 11 Block 170 presented by Parrott Avenue Christian Church; seconded by Council Member Watford. City Attorney (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. JANUARY 2, 2001 - REGULAR MEETING - PAGE 3 OF 10 W11 PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 761 by tittle only 2. a) Motion to adopt proposed Ordinance No. 761. b) Public Comments. c) Vote on motion. B.1. a) Motion to read by title only, proposed Ordinance No. 762 closing the East to West Alley in Block 180 presented by First Baptist Church - City Attorney (Exhibit 2). b) Vote on motion to read by title only. Attorney Cook read proposed Ordinance No. 761 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 170, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Markham moved to adopt proposed Ordinance No. 761; seconded by Council Member Oliver. Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion between the Council and Clerk Thomas, clarifying that all fees were paid and whether there were any comments from the surrounding property owners. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Council Member Watford moved to read by title only, proposed Ordinance No. 762 closing the East to West Alley in Block 180 presented by First Baptist Church; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. 0 JANUARY 2, 2001 -REGULAR MEETING -PAGE 4 OF 1 O VII. NEW BUSINESS CONTINUED. B.1. c) City Attorney to read proposed Ordinance No. 762. Attorney Cook read proposed Ordinance No. 762 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 180, CITY OF OKEECHOBEE, AS' RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of Ordinance No. 762. Council Member Oliver moved to adopt proposed Ordinance No. 762; seconded by Council Member Markham. b) Public Comments Mayor Kirk asked whether there were any questions or comments from the public, there were none. Council Member would be required for the Okeechobee Utility Authority from the property Watford noted that an additional easement owner (First Baptist Church). Council Member Watford moved to amend proposed Ordinance No 762 changing the effective date to be when Staff receives a copy of the recorded easement from the First Baptist Church granting the Okeechobee ICity Utili!y Authority an easement for a future lift station; seconded by Council Member Oliver. VOTE ON MOTION TO AMEND KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION TO AMEND CARRIED. c) Vote on motion. VOTE ON MOTION AS AMENDED KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED As AMENDED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. JANUARY 2, 2001 - REGULAR MEETING - PAGE 5 OF 10 VIII. NEW BUSINESS. A. B. C. Swearing in of newly elected officials by Judge William Hendry, Retired. Election of Mayor. Two year Appointments of Council Members to serve as City Liaisons to various Boards: Judge William Hendry administered the oath of office to Council Members James E. Kirk and David Clayton Williams, Jr., and congratulated them on their four year term which will begin January 2, 2001 and ends January 4, 2005. Mayor Kirk opened the floor for nominations of Mayor. Council Member Oliver moved to nominate James E. Kirk to serve as Mayor; seconded by Council Member Watford. There were no other nominations offered. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk accepted the office of Mayor and thanked the Council for their continued confidence in him. 1. Central Florida Regional Planning Council (1 member, Kirk III Mayor Kirk is currently serving on this board and volunteered to continue to serve as the City's liaison to the Central currently serves). Florida Regional Planning Council. 2. Tourist Development Council (2 members, Markham & III Council Members Chandler and Williams volunteered to serve as the liaison to the Tourist Development Council. Watford currently serve). 3. Okeechobee Development Authority (1 member, Watford III Council Member Watford volunteered to continue to serve on the Okeechobee Development Authority. currently serves). 4. Juvenile Justice Council (1 member, Kirk currently serves). III Mayor Kirk is currently serving and volunteered to continue as the liaison to the Juvenile Justice Council. 5. Treasure Coast Council fo Local Governments (1 member, III Council Member Oliver requested to stay as the liaison to the Treasure Coast Council of Local Governments. Council Oliver currently serves). also congratulated him on being appointed Chairman of this board for the 2001 year. 6. Okeechobee County Health and Healthy Start Coalition (1 III Council Member Williams volunteered to serve as the liaison to the Okeechobee County Family Health and Healthy member, Markham currently serves). Start Coalition. JANUARY 2, 2001 - REGULAR MEETING'- PAGE 6 OF 10 82 Vill. NEW BUSINESS CONTINUED. C. Two year Appointments of Council Members to serve as City The City Administrator volunteered hsi services as a substitute for Council as the City's representative on any of these Liaisons to various Boards continued. III boards if ever needed. D.1. a) Motion to read by title only, and set February 6, 2001 as a public Council Member Watford moved to read by title only, and set February 6, 2001 as a public hearing date for proposed hearing date for proposed Ordinance No. 763 closing the North to Ordinance No. 763 closing the North to South Alley in Block 14 as presented by CBC Management Corp; seconded South Alley in Block 14 presented by CBC Management Corp - by Council Member Oliver. City Attorney (Exhibit 3). VOTE b) Vote on motion to read by title only. KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 763 by title only. Attorney Cook read proposed Ordinance No.763asfollows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 14, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITYITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of Ordinance No. 763. Council Member Oliver moved to approve the first reading of Ordinance No. 763; seconded by Council Member Williams. b) Public Comments. Mayor Kirk asked whether there were any questions or comments from the public, there were none. There was a brief discussion regarding this item concerning the easement. JANUARY 2, 2001 - REGULAR MEETING - PAGE 7 OF 10 83 Ail. NEW BUSINESS CONTINUED. D. 2. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E.1. a) Motion to read by title only, and set February 6, 2001 as a public Council Member Watford moved to read by title only, and set February 6, 2001 as a public hearing date for proposed hearing date for proposed Ordnance No. 764 closing the East to Ordinance No. 764 closing the East to West Alley in Block 7, a portion of Northwest 14'h Street, 13"' Street and 8"' West Alley in Block 7, a portion of Northwest 1e Street, 13'hStreet Avenue presented by Jim Byrd; seconded by Council Member Oliver. and 8" Avenue presented by Jim Byrd - City Attorney (Exhibit 4). b) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 764 by title only. Attorney Cook read proposed Ordinance No. 764 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 7, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 14TH STREET, NORTHWEST 13TH STREET AND NORTHWEST 8T" AVENUE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT INAND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of Ordinance No. 764. III Council Member Chandler moved to approve the first reading of Ordinance No. 764; seconded by Council Member Williams. 31 JANUARY 2, 2001 - REGULAR MEETING - PAGE 8 OF 10 VIII. NEW BUSINESS CONTINUED. E. 2. b) Public Comments. c) Vote on Motion. F. Motion to amend the CDBG Grant Preparation Contract - Administrator (Exhibit 5). Mayor Kirk asked whether there were any comments from the public. Former City Council Member Lowry Markham requested that Jim Byrd, the applicant notify the Hayrick Trust regarding the closing of this alley and streets. Mr. Byrd stated that he would. There was a lengthy discussion between the Council, South Florida Water Management District Representative Annoesjka Essex, City Engineering Firm Lawson, Noble and Webb representative Rob McSorley and property owner Jim Byrd. The site is a water quality treatment project initiated by South Florida Water Management District. Easements, on various areas of the site will have to be issued to Florida Power and Light, the Okeechobee Utility Authority and the City. Mr. McSor!ey advised the Council that from a traffic and drainage stand point they have no problem with the project. Miss Essex will provide satellite maps with overlays to the Council within the next two weeks in order to give them a better understanding of how the project will work. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Administrator Veach explained that on October 3, 2000 the Council approved an amendment to the City of Okeechobee Community Development Block Grant (CDBG) Preparation Contract between the City and Craig A. Smith and Associates, re -assigning the contract to Nancy Phillips and Associates, however, the language specified the U.S. Departmentof Commerce Economic Development Grant and did notincludethe CDBG Grant. He requestedthe Council authorize the City Attorney to draftthe necessary document to amend the contract accordingly and authorize the Mayor to execute it. Council Member Oliver moved to amend the CDBG Grant Preparation Contract and authorize the City Attorney to draft the necessatydocument to amend the contract as stated; seconded by Council Member Watford. JANUARY 2, 2001 - REGULAR MEETING - PAGE 9 OF 10 p VIII. NEW BUSINESS CONTINUED. VOTE F. Motion to amend the CDBG Grant Preparation Contract continued. KHAN -LEA -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Discuss legislative recommendation to the Treasure Coast Council Council Member Oliver advised the Council that each member to resents h o t ter respective elected boards e City on the Treasure Coast Council gather Local G. g Governments Board. This board has requested ea 9 of Local Governments - Council Member Oliver. e Session. The board will list all the project and prioritize them projects they would like to support for the 2001 Legislativ for the group to support. Council requested the support of the widening of State Road 70. wn Care in the of ten H. Motion to award a ground maintenance bid to Big "0" Lawn Care in Council Member Chandler moved to award a ground maintenance ai tenancebbi to Big "0" La Watford There awas mount brief the amount of ten thousand, eight hundred dollars, annually -City discuss on regarding this ousand, eight hundred dollars em rAdminOistratorOVeach is to check on the insurance for the company and make sure the Administrator (Exhibit 6). City is well covered should there be an accident. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Motion to purchase a F150 truck from Okeechobee Motor Council Member Oliver moved to purchase a F � 0 t Uck from seconded keechoCo be I Motor Co pandler.any in the amount of fourteen Company in the amount of fourteen thousand, eight hundred seven thousand, eight hundred seven dollars ($14,80 , dollars ($14,807.00) - City Administrator (Exhibit 7). VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - ABSTAINED WILLIAMS - YEA MOTION CARRIED. 86 JANUARY 2, 2001 - REGULAR MEETING - PAGE 10 OF 10 VIII. NEW BUSINESS CONTINUED. J. Request to release Code Enforcement lien - Lowry Markham Mr. Lowry Markham addressed the Council requesting that they remove the record of a Code Enforcement lien on Lots (Exhibit 8). 3 and 4 of Block 174, CITY OF OKEECHOBEE Subdivision. The lien was set by the Code Enforcement Board due to the property being in violation of several ordinances. The owners are in the process of selling the property and have appealed to the Code Enforcement Board to release the lien. The Board at this time has not approved the release. According to Florida Statute Chapter 162, the governing agency has the authority to release the record of the lien to take it off of the public record. This would give the property a clear title and it could be sold. There was a lengthy discussion between the Council, Attorney Cook, Code Enforcement Board Members and Mr. Markham regarding different scenarios' of howto handle the situation. Council Member Chandler made a motion not to release the lien; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. IX. ADJOURN MEETING - Mayor. III There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:03 p.m. 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. / ATTEST: James E. Kirk, Mayor J _ i Note: A copy of the Memorandum of Voting Conflict Form for New Business Item I completed by Council Member --�--: Watford is on file in the Office of the City Clerk. Bonnie S. Thomas, CMC, City Clerk --3' ""-`"'I c1'i��=� w-ctTn� .�,1�,+*.�.- 1 7 t'�-'��ti�G"z=x.Yt Y�Zt C����:n�o��� )� •�i, -�'., �ci,i .�C.-f1.• �-GL ? Z -7 v is —6Z -R 4G��.t,�:d r-+-cc� %/v Z , (— e� L •��' ($ (= L�a. �'-^c?-� yS'C� � �1„"t�"iQ `z�,y -_,r- Z aPage -1- 6FOKEECHOBEE / 2- jiii / �uc! d tG✓763 ' R GULAI CITY O61Nti l�l fTING - January 2, 2001 �3- �2�, ten✓ �' a �� � ,, , �i&vA147) HANDWRITTEN MINUTES � 5 = i�z�,iEr.c -� � �-yr.✓�4� �. A8 G't- ���.2,� � c,�c.-ram` I. CALL TO ORDER: -Mayor: x;s-k r-v z 2oox a�z tv cou�,�,LR,C,. M,,p II. OPENING CEREMONIES: Invocation offered by a � Pledge of Allegiance led by Maws- xcr k, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas Mayor Kirk Council Member Chandler Council Member Markham Council Member Oliver Council Member Watford Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea IV. MINUTES - City Clerk. � A. Council Member_ moved to dispense with the reading and approve the Summary of Council Action for the December 5, 2000 egular Meeting; seconded by Council Membg,� . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motion arri d —Denied. V. WARRANT REGISTER - City Administrator. A. Council Member a; moved to approve the November 2000 Warrant Register in the amounts: General Fund three hundred thirty-six thousand, four hundred nine -four dollars, and seventy-four cents ($336,494.74), Emergency and Disaster Relief Fund seventy thousand, eight hundred fifty dollars ($70,850.00), Public Facility Improvement Fund twenty-five thousand, four hundred eighty-four dollars, d fifty-one cents ($25,484.51) and CDBG Fund five thousand dollars ($5,000.00); seconded by Council Member J VOTE YEA NAY ABSTAIN ABSENT ('J=.�! /��' /1 ���"� (� )if-z, KIRK r n CHANDLER"" MARKHAM /. OLIVER WATFORD Motio arried,� Denied. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. /~ X1_3 Page -2- MAYOR KIRK OPENED THEPUBLICHEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member �(/ moved to read by title only, proposed Ordinance No. 761 closing the North to South Alley in Rock 170 presented by Parrott Avenue Christian Church - City Attorney (Exhibit 1); seconded by Council Member X�L b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motio 6carTi — Denied. c) Attorney Cook read proposed Ordinance No.761 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 170, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Membe , moved to adopt proposed Ordinance No.761; seconded by Council Member b) Public Comments. 1,yn.e `-y c) Vote on motion. VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD YEA NAY ABSTAIN ABSENT MOUO Carrie�— Denied. B.1. a) Council Member moved to read by title only, proposed Ordinance No. 762 closingthe East to W All ey in Block 180 presented by First Baptist Church - City Attorney (Exhibit 2); seconded by Council Member • • b) Vote on motion to read by title only. VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD YEA NAY ABSTAIN ABSENT Page -3- Motio arri d —Denied. c) ✓ Attorney Cook read proposed Ordinance No. 762 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 180, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCUSIVE EASEMENT FO RPUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." i 2. a) Coun ' ber moved to adopt proposed Ordinance No. 762; seconded b CouncilMember Y Mer b) / Public Comments. c)V// Vote on motion. VOTE YEA NAY ABSTAIN ABSENT �. KIRK CHANDLER MARKHAM OLIVER WATFORD Motion oarrfd — Denied. MAYOR KIRK CLOSED THE PUBLIC HEARING AT %7 P.M. Vill. NEW BUSINESS. A. Swearing in of newly elected officials by Judge William Hendry, Retired. James E. Kirk term January 2, 2001 through to January 4, 2005 David Clayton Williams term January 2, 2001 through to January 4, 2005 B. Election of Mayor. C. Two year Appointments of Council Members to serve as City Liaisons to various Boards: Page-4- �• Central Florida Regional Planning Council (1 member, Kirk currently serves).�Z G� 2. Tourist Development Council (2 members,hf8*haer& rord ently serve). r sow a� \ 3. Okeechobee Development Authority1 m ( ember, Watford currently serves). Juvenile Justice Council (1 member, K� currently ntly serves). � 5. Treasure Coast Council *- Local Governments (1 member, Oliver currently serves). J/ (� NEEDS TO BE ADDED: Okeechobee Coun y Health and Health Start, ' serves). Y Coalition (1 member, currently D. 1. a) Council Member moved to read by title only, and set Februr 6 2001 a proposed Ordinance No. y sap blic hearing date for 763 closing the North to Sou th Alley in Block 14 presented by CBC Management Corp - City Attorney (Exhibit 3); seconded by Council Member �, b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN . ABSENT KIRK CHANDLER MAM OLIVER WATFORD Motio Cam - Denied. c) Attorney Cook readproposed Ordinance No. 763 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 14, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council ember moved to approve the first reading of Ordinance No. 763; seconded b y Council Member b -" Public Comments. �f • c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Page -5- E.Motion��d -Denied. 1. a) Council Member � —= moved to read by title only, and set February proposed Ordinance No. 764 closing the East to West Alley in Block 7, a portion o-f`Northwestp141 S ublic heed 13 Street for and 8"' Avenue presented by Jim Byrd - City Attorney (Exhibit 4); seconded by Council Member treet b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK /� CHANDLER' OLIVER WATFORD Motio Cam d - Denied. c) Attorney CookreadproposedOrdinanceNo.764asfollows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 7, CITY OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 14T" STREET, NORTHWEST 13T" STREET AND NORTHWEST 8TH AVENUE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Co cil M mber moved to approve the first reading of Ordinance No. 764; seconded by Council Member G 1W b) P b c mr"ents. JF Gt)iW P,4 x�_---� Cr o fVote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK j CHANDLER `' MARKHAM n r� Y / - ALIVFR Motion �me- Denied. Page -6- F. Co cil Member & moved to amend the CDBG Grant Preparation Contract; seconded b C City Administrator (Exhibit 5). y ouncil Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motion em� - Denied. G. Discuss legislative recommendation to the Treasure Coast Council of Local Governments - Council Member Oliver. 70 70 �� , 00 0 0 Page -7- H. Council Member L moved to award aground maintenance bid to Bi "O" Lawn Care in the amount often thousand, eight hundred dollars, annually; seconded by Council Member � - City Administrator (Exhibit VOTE KIRK YEA NAY ABSTAIN ABSENT CHANDLER (-2 u U MARKHAM OLIVER WATFORD Motion CaMeil — Denied. I. Council Member moved to purchase a F150 truck from Okeechobee Motor Compan the amount of fourteen thousand, eight hundred seven dollars ($14,807.00); seconded by Council Member ` <i - City Administrator (Exhibit 7). VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD Motion arried Denied. .----r � - — Page -8- J. Request to re�fease Code Enforcement lien - Lowry Markham (Exhibit 8). � � z a F U e pal /51 CL ' _ /' C� (/ ii�-'�Jw✓� .�� C�� �� n �' - " /(/ +�'t7�j , ? �r� �`L� � �U /�_" L��v'�q OLEO-ic-2 • Cl IV. A. CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - January 2, 2001 HANDWRITTEN MINUTES CALL TO ORDER: -Mayor: x(jk.T -v 2, 2ooi, crxv C0U4w;,1Zegyua-Mg!T� s:oo p.m. OPENING CEREMONIES: Invocation offered by pawor_Tohv i(ea-k- Pledge of Allegiance led by Mawr y," MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Mayor Kirk Council Member Chandler Council Member Markham Council Member Oliver Council Member Watford Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Page -I- eta PaS, c66&;tC4..4 Council Member Chaud moved to dispense with the reading and approve the Summary of Council Action for the December 5, 2000 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motion Carried - Denied. V. WARRANT REGISTER - City Administrator. A. Council Member moved to approve the November 2000 Warrant Register in the amounts: General Fund three hundred thirty-six thousand, four hundred nine -four dollars, and seventy-four cents ($336,494.74), Emergency and Disaster Relief Fund seventy thousand, eight hundred fifty dollars ($70,850.00), Public Facility Improvement Fund twenty-five thousand, four hundred eighty-four dollars, and fifty-one cents ($25,484.51) and CDBG Fund five thousand dollars ($5,000.00); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motion Carried - Denied. Vi. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • Page -2- MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT !� .'G-S P.M. A.1. a) Council Member AC moved to read by title only, proposed Ordinance No. 761 closing the North to South Alley in Block 170 presented by Parrott Avenue Christian Church - City Attorney (Exhibit 1); seconded by Council Member �w b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD Motion Carried — Denied. c) Attorney Cook read proposed Ordinance No. 761 asfollows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 170, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member LM moved to adopt proposed Ordinance No.761; seconded by Council Member G� b) Public Comments. c) Vote on motion. VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD YEA _NAY ABSTAIN ABSENT Motion Carried — Denied. B.1. a) Council Member D `/O moved to read by title only, proposed Ordinance No. 762 closing the East to West Alley in Block 180 presented by First Baptist Church -City Attorney (Exhibit 2); seconded by Council Member 4�m Page-3- b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ✓ MARKHAM ✓ OLIVER WATFORD ✓ Motion Carried — Denied. c) Attorney Cook readproposed Ordinance No. 762 asfollows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 180, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCUSIVE EASEMENT FO RPUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 762; seconded by Council Member VYN b) Public Comments. C) L'" ` I , 1,t/,is-) I,l?- �, R 0 _ u �--wuUU ILI - E)u) A Q�� c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER MARKHAM OLIVER WATFORD Motion Carried ~ Denied. MAYOR KIRK CLOSED THE PUBLIC HEARING AT Lv,' / s P.M. Vill. NEW BUSINESS. A. Swearing in of newly elected officials by Judge William Hendry, Retired. James E. Kirk term January 2, 2001 through to January 4, 2005 David Clayton Williams term January 2, 2001 through to January 4, 2005 B. Election of Mayor. C) " L&'�-� (W- C. Page -4- Two year Appointments of Council Members to serve as City Liaisons to various Boards: 1. Central Florida Regional Planning Council (1 member, Kirk currently serves). 2. Tourist Development Council (2 members, Markham & Watford currently serve). 3. Okeechobee Development Authority (1 member, Watford currently serves). k)C `- d 4. Juvenile Justice Council (1 member, Kirk currently serves). 5. Treasure Coast Council fo Local Governments (1 member, Oliver currently serves). NEEDS TO BE ADDED: Okeechobee County Health and Healthy Start Coalition (1 member, Markham currently serves). D.1. a) Council Member U-t moved to read by title only, and set February 6, 2001 as a public hearing date for proposed Ordinance No. 763 closing the North to South Alley in Block 14 presented by CBC Management Corp - City Attorney (Exhibit 3); seconded by Council Member 0 b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER WATFORD (,v' l av'l ✓Motion Carrie —Denied. c) Attorney Cook read proposed Ordinance No. 763 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 14, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member _ ? U moved to approve the first reading of Ordinance No. 763; seconded by Council Member Qw b) Public Comments. E U c) Vote on motion. VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD 1, Lct-�,— YEA NAY ABSTAIN ABSENT ill 'kotion Carried — Denied. Page -5- E. 1. a) Council Member —u_ moved to read by title only, and set February 6, 2001 as a public hearing date for proposed Ordinance No. 764 closing the East to West Alley in Block 7, a portion of Northwest 14"' Street, 130' Street and 8' Avenue presented by Jim Byrd - City Attorney (Exhibit 4); seconded by Council Member A 6 b) Vote on motion to read by title only. VOTE YEA NAY. ABSTAIN ABSENT KIRK CHANDLER ✓ MARKHAM OLIVER WATFORD t, )'10otion Carried — Denied. c) Attorney Cook read proposed Ordinance No. 764 as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 7, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 14T" STREET, NORTHWEST 13T" STREET AND NORTHWEST 8T" AVENUE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to approve the first reading of Ordinance No. 764; seconded by Council Member LU ) b) C) Public Comments. Vote on motion. VOTE KIRK CHANDLER MARKHAM OLIVER WATFORD Jlj4 YEA NAY ABSTAIN ABSENT -'Motion Carried — Denied. Page-6- F. Council Member U moved to amend the CDBG Grant Preparation Contract; seconded by Council Member 0 "i , - City Administrator (Exhibit 5). M VOTE YEA NAY ABSTAIN ABSENT KIRK ✓ CHANDLER MARKHAM OLIVER WATFORD V)JtLa,-vv^o "Motion Carried — Denied. G. Discuss legislative recommendation to the Treasure Coast Council of Local Governments - Council Member Oliver. u • Page-7- H. Council Member _ V moved to award a ground maintenance bid to Big "0" Lawn Care in the amount of ten thousand, eight hundred dollars, annually; seconded by Council Member �� - City Administrator (Exhibit 6). VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM OLIVER ✓ WATFORD ✓ -"Motion Carried — Denied. I. Council Member B 6 moved to purchase a F150 truck from Okeechobee Motor Company in the amount of fourteen thousand, eight hundred seven dollars ($14,807.00); seconded by Council Member - City Administrator (Exhibit 7). VOTE KIRK CHANDLER Wj4a A�RfEHAM'. OLIVER WATFORD YEA NAY ABSTAIN ABSENT Motion Carried — Denied. J. Request to release Code Enforcement lien - Lowry Markham (Exhibit 8). I J-6 �&" (,. /� 4,,� -/Z"!�-/ 91 r (�e =-�,r ' • 0 0eSY'a Ja.►uta.ry 2, 2001 New Bu4i+�Ite+mF-2.b: W atforcL - I know what I duL whe vthe, appUcatUm Arst ccvn.e, before u s; b0met6+n" we/ do-w'tLook, atthebe,akdosely as'we, should, I know ih+%iwvolve�kSF WMD, a.nd, th, ,k vs they really need, I tyu nk Et bec me* wucJv wage seriou'k whew you, Ie�g%w das"tW streets' rather tha.vvj"O a.Uey'k It Looks L+.ke,tht k street that's- in,th.e cownty, a sA nethat ik ope4, , r know it does-n,'t Line' uP. chandler - thark where the health, depa+tWw nt is: Veac v - we cdo-hcvve represe4ttat7�ve , frovwSFW MD, ak wetL ak frovw LNW if you, have spec f6c, gr,w sU&nky&tV & Lake to- address: Kirk, - what are we u yin to -do -here? Essew - SFWMD representativeofJivwl3yrd,&Pvdv.kpr( j( c , the,goalhere-ikwater q,,,Uty treaUvw faci%Lity for the bite; 1-1ale-d &vv &i t94wo.' S"^e'y'-vthat we' dicL out owth.e propevty the water quality isw-e, i skba s .& owthe water that c04� frovwthe deaw's cou +�t area. and, f �o�v�ti� rou�Tti Mr. Byrd.'.Vprope 'ty, what we' are, Lou, tjO- do wititithi,�rprojecti'�i�olate the'2 SyStemk, we WaVtake the,water fr&nVdeaw'a- C401 rt IrcV� ran, it wnde rg-oun& directly to-thP' city d XCIV ancLthe w atb of dw- water that i sk ow Mr. Byrd a grope y w%LL be rwwthrouc�h,then-ea�tw�e nt fp citity that we cowstr�,cct sincethat'swherethe w�a jority o f t3�.ei centa;vn.±.natiow i�: Watford, - a * -1 yoa, neecL to- do -Se these stl�eexs in, order to-do that? (2 i� T� t) r vnea w there sk not e+Vft h la I& or ? f ssew - the' way that X sitk right now the' operatiow is' utiti�those srmetk so- iw order for wkto- d&dw, OUA east, FLl' a k well a kthe city ea "w*lt Mr- Byrd, wo-u & need, ow nersh,p of that to-dathat deecLdwseto- each. entity W illia~ - theve, streets- don't go- anywhere- d& they ( no-). W atford. - appcwe a-Ly thin- is' what vs-90i* j,to- be c 0v,&.. Byrd, - what yatV re Look' at here,, this ia- 8' A vetiu+.e, we, got a w alleyway that rowVk dowwthe's,,dehere; were'not abvAtdovU4i.Wthat there are ow it, but now this street itru tkSrraLc into-thatInWditch, So-dwWknot anywherewithovittcwnivwj,one,way or another. Watford, - it's- not ak bad, a s' X Looks- o*w the "- Kirk, - were- ctos",t* part of NW 13n' Street, but if your clolin* e it's c�Cri n - MO, where edh.er. W afford, - cwe, these, streets- bench, wsec,? it's- not being a4e& a.n& 8t'A venu open no- S, not open. n.vw eCther. I thinly our ovay cence rw Ck go,6vtq to- be and I gv ess' s mzbo,dy haklookec,atthis; LwthikBlor�10, Ckthatpa4ltof your property aLso-? 'Byrd, - not stove, eve ' ovvth%k sale, of the, alleyway 6k m4te- W at forcL - okay so- we wor+ld*i;t be cut nw off acce. kto- S0*Keo-ne else property. gob Mcdo-rley - LNW Ct d6cWt aPpea.r that any of the roaakthatthey areprop0 to- closewoula,hcvveawyof vct0vvtraffila-kfarakgetftn*aces'6nto-S+tekother th.a wth.e SaZ! ect grope'ty. We., du, have, Some, co-*u n k on.the sae, relatwely haw they ha& t a & out dra ina.ge a*wD it lookz& at several, iwsta n de s- that they would by b�Off CLM L4�, they made bovne pla-w t0- ""rove, that situ.atCovv avi& a wthe e, are s&me, ex iOiv* utattCekihat they do- nee&to- provide ea seen ,nts, for avu, our last letter back, to- the, city ref lecteo,th.ere, w dl nee& to- be, ease vients' for FP L Linev avu, a w r tired error uu, p resscu�e pe throw lv the ste; other thawthat there Shou & vat be a prolAe*w- Wat ford) - that the %s done w or + lc, it be better to- close N W e a.Ll the way do�w w to-12t"' Street or not? r kin o o ur w�that p ro pe et bt +t the, StCLL have a.cce4s, o-w 12t' " street woultil that? lob- - I dovi.'t beUevethe project proposed. by SFWMD woUU nec""ateth.at avu, Cf Ct'a not & at th .+dyne I r that yor , not q,vve, &tp avv r%g�ht of way u,nle,s,k X beOneceVary. Watfo-r&- I takeCtthat's-notope vth.ereanyway, do-yoreknow Dovulie? x" - what we're try%n.* tQ- accom U41 v C,kthe rcuv off ]� water? lob- - I b Uevethe intent of their project is - cc, water quality projectto- clea vvuP the, d,vschcWOq e, that does' f lo`u into- lake 0keec o4yeei and. thL k ilk one, of seveval, p roj ects, th.atthey propose,&Mred.th+%kovte,jwSthappe*wto-ful.into-thecity of OkeecJ%6&ee Olvver - wh&started,thi�k? Essex. - tht k was' a v 6vaUatwe started. by the, SFWMD and, we basleally ad vert6Se& 6+*v the co-m u uuty askm* all the la vul oiv ne rk w a-lv wlecvk ovv how to- C vn prove, water quality come to- ak we had, c $12 m U.io-w partnership w al v the cow Of enV'Me k areal we were 100� for c way to- spend, that money so- we, had, 3 0 vo w teerk come forward, we, bvvjcaUy went through,th ne, proje.ak area, accepti?& 10, Mr. Byr& wa,s, ova, of the furstt 10 and, basically rankec,th evvv ovvth.ose we, felt we could. get the best water quality Cmprove and phoiphoreu k redu. x owto- lake, Okeechobee. T%�k site y, a y,,6o , phosph ore&k cl+�rge f -CM it based, o*v dw, fact that the C Cty'k water a s, Ctdra+,ns throe l�.p%ck�s up clot mire frovwthestork1yar& ,6Uty so -we felt x was- a fa,6vl y easy fi,x, by brloclu,ng-the, water that come*throug4-, it a nd, only ma kwt* Mr. Byrd.holdaw water, basically rainf"W d-rwe vwaterthat faRkowthat 9 a.crek that he ow n,k and, build, a retentiow povu,to- treat that thereby basica ll iwt�roviv►gth e water quality tr that drarn%direc�Ly to-tha ditch, into - Taylor Creek, ana` stra.,6c h into -the Lake. So-th , project wak initi aced, a� weterw a, crXCca` project ak a way to- get proje k done relatively quickly to- show good, iwnprcvement vwthe, water quality that drmi w into -the lake: willies v W - yau' """,Lptiovv Wthat LekffOt*t*to-ra va.W"*v Watford,- I a wva"Mni4 *that whewth+,kproject ikcompleted.Mr. Byrd.wil sraV be, able to- operate hi skco"ut ercia.,operauowthere: dtat ism correct, hopefvUy he- will be albto- open -ate X a.n d. St" iw compll an ce so- eA'e*ybod''s- happy w atford , - 4nd, of shcvad have� real� j wst N ovt1v of that it's' al lot better thaw it 1004 o-w paper. * * * Fssex, - if yow had, a good," that shows- a, goon` sateUite am ge- a+ul the l,oc,uula rie,k overlay. r oodles, ma k& additional, maple i f yow would, Like, to- see, the-vw. Watford, - I a4su wie that yow Looked, at7a l / there, 92ob- - we too-kecL at initial su lmt tta ls; we have severa, concerns; they adcLressed, ail thenvto- our satisfy ctiow willlamk - what happens if Mr. Byrd, one day ceases operations or cattle opera;Uow the,re,,? ussew - if he'seU.sthe�operat6o vtlw covustrwction.work, perwUttha�WODUbv reguitec, woule` be, tra nS&rrec,to-the new land, ow ner, a ul they would, be ex pectec, to- operate it and, maintauv it cw the same order, if the- la vui, a se were to- cha*tge, for e�c Jel if they were l0okl6+%Wto- develop that area, ands have/ several/ homes- we, would' hope that the pe l-nl it co va& be, mooa fled, to- incovporate that pond, sta as- a, retentLowpand, to-serve,akdrairage treatment area, fords tn,ew developwient. So- we,tried,to-d"ti gw it not only for cl(urrentiy land, w e-but a-ny potentia` f M we, ch.a,n.q tc-the, sites it would, be a xpecte&t7o-be, operated, a►u, ma 6nta.inec, cwiless- we, coves& be presented, with, titat wouLc, actually be a v improvevnent over that facility thew we, would, basically temli* ate the a.gre +ne4- t the Land, ow new and, aut3h.or6p, better to- be built there: Olvver- what would, happe*, if this wasn%t approved`? • • Essex.,- I dovv't know, I woulaL a4umne, we, woul cL try to- worly w ith, the land o�v ►�.�- to- modify the, de4 m of X but at th+* po wit, ih,, di4tt'i ct hair w lot o f ti vvae. a*jcl resocure" into- it and. M V. Byrd, had also- beenv patent wait%ng, 2 years, for u s'to- get to-tj%4,kpowLt, depends-on.h.ow ewpe utveth.e mxnU�iovvkwoulaLbe, whetheir or not the, dvstirict cow l cL Conttnu to- procez& IZob- - th�,k operation, goek ovv for sevewal blocks and yow would make,th-k more, co�nple}v avid, there woti bey vno rem drainae� to- bey p c st iw order to ... water quality project.... lake, Okeeclw-r� .... dow nfwll .... could p&ssdA& be done, more toady W aUcw s - I'd, i -& to- see your oveAa y's, Ewer, - thl�k%sthedes-ig pla.n.that our eneCneerS-gathere drat bv-� shows how the, syste44v wav operate if yow'c7, Uke�to-go-throu"j v it. Witlia nk - my o vuerw%if Mr. Byrd,qucts cattle there, avid.X goes,to- residential, what if we, nee d th.ose, streets? }Eave, a reveetew clause put back i+vthewe, or ? Cook - ye k we, hcwe to d di at beca a4e, i f yow close' it, it's-clo33e&.. Watford,- i f h., would, wantto- develop it yow'al. have, to -provide right of way for whatever develop nw nt Vea.ch, -they'd,also- hcwe to- GhaM,ge th.e lancL use woulaL they not and. s�u.Irwut a plow at that time we'd, require streetsto- be' %vv it. Esser - IdeaUy the mrea%that we, will have, the ease* entsovi, whuc , includekthe FP L ea4e nent a i& 0UA easel* nt as well as, the, C ity ea4e W*1t thole could, be areas that could, vwt be, uta41je d, i v the fu tcwe, ak avvytlu%ng' be"I* owtOp Of that la*,&Jvv,&allythatwoulaLhavetic- stay open For etcmmple,where, OziA'kwate4rmai*v goes 6woaVg v there Ls, w ith, thev current street so- even. if the land use, w as, c wwuge d' the, couZzWt- for ex�le bn4U on.top of that becakO&that ea4ement Ck Watford, - I thi,nlvthe staving -grace wh ere is that i they wanted to- develop thereawy woui&have, to- provide,the, r4htof ways; the -city wo,,ad,not hcwe to- buy those back, j wst Likes other develop weents; other large. pa�rce,Lst3tiat have' beew developed. It's k +td o f w u ntiqu� site here: I wthat the street dea d evnd here Th4lk may be, one tR t ik warrantied: * * * OlweV - the i sthe fwst reading, so- February 6 would be the 6*W1 , readi v B etweevv now a,ncl' 216 get better- "k, better details: K" - thi4Ak it would, help all of u s; I'll., m a.k & si t re, I drove, by this to- have, a better a nd e rsta*i ding- of what were loolu iW at. EW,w - by whe*wwoul&yow neecLtho&s& mapk? WUh+4v2 week * * W at ford, - a4So4ne' frovw what ovw e*ui nee k have, sa.i & yow're, k4wD of r thi,kordow'thcwe�a,proble mwithi. CITY OF OKEECHOBEE JANUARY 2, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 5 I. CALL TO ORDER -Mayor: January 2, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor John Keith; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr. Council Member Lowry Markham City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the December 5, 2000 Regular Meeting. JANUARY 2, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 5 V. WARRANT REGISTER - City Administrator. A. Motion to approve the November 2000 Warrant Register: General Fund ................................ $336,494.74 Emergency and Disaster Relief Fund ................ $70,850.00 Public Facility Improvement Funds ................. $25,484.51 CDBG Fund ................................... $5,000.00 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only, proposed Ordinance No. 761 closing the North to South Alley in Block 170 presented by Parrott Avenue Christian Church - City Attorney (Exhibit 1). b) Vote on motion to read by title only. C) Attorney Cook to read proposed Ordinance No. 761. • 2.a) Motion to adopt proposed Ordinance No. 761. b) Public Comments. C) Vote on motion. B.1.a) Motion to read by title only, proposed Ordinance No. 762 closing the East to West Alley in Block 180 presented by First Baptist Church - City Attorney (Exhibit 2). b) Vote on motion to read by title only. C) Attorney Cook to read proposed Ordinance No. 762. JANUARY 2, 2001 - CITY COUNCIL AGENDA - PAGE 3 OF 5 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. 2.a) Motion to adopt proposed Ordinance No. 762. b) Public Comments. c) Vote on motion. • CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Swearing in of newly elected officials by Judge William Hendry, Retired. B. Election of Mayor. C. Two year Appointments of Council Members to serve as City Liaisons to various Boards: 1. Central Florida Regional Planning Council (one Council Member, currently Mayor Kirk serves on this Board). 2. Tourist Development Council (two Council Members, currently Council Members Markham and Watford serve on this Board). • 3. Okeechobee Development Authority (one Council Member, currently Council Member Watford serves on this board). 4. Juvenile Justice Council (one Council Member, currently Mayor Kirk is serving on this board). S. Treasure Coast Council of Local Governments (one Council Member, currently Council Member Oliver serves on this Board) D. 1. a) Motion to read by title only and set February 6, 2001 as a public date for proposed Ordinance No. 763 6 the North to South Alley in Block 14 presented by CBC Management Corp - City Attorney (Exhibit 3). b) Vote on motion to read by title only. JANUARY 2 � 2001 - CITY COUNCIL AGENDA - PAGE 4 OF 5 VIII. NEW BUSINESS CONTINUED. c) City Attorney to read proposed Ordinance No. 763. 2. a) Motion to approve the first reading of Ordinance No. 763. b) Public Comments. • c) Vote on motion. E. 1. a) Motion to read by title only and set February 6, 2001 as a public date for proposed Ordinance No. 764 closing the East to West Alley in Block 7, a portion of Northwest 14t' Street, 13t' Street and 8t' Avenue presented by Jim Byrd - City Attorney (Exhibit 4). b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No. 764. 2. a) Motion to approve the first reading of proposed Ordinance No. 764. b) Public Comments. • c) Vote on motion. F. Motion to amend the CDBG Grant Preparation Contract - City Administrator (Exhibit 5). G. Discuss legislative recommendation to the Treasure Coast Council of Local Government - Council Member Oliver. H. Motion to award a ground maintenance bid to Big "O" Lawn Care in the amount of $10,800 annually - City Administrator. (Exhibit 6). JANUARY 2. 2001 - CITY COUNCIL AGENDA - PAGE 5 OF 5 VIII. NEW BUSINESS CONTINUED. I. Motion to purchase a F150 truck from Okeechobee Motor Company in the amount of $14,807 -City Administrator. (Exhibit 7). J. Request to release Code Enforcement lien - Lowry Markham (Exhibit 8). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk • EXHIBIT 1 JAN 2 AGENDA ORDINANCE NO. 761 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 170, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 170, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running North to South between Lots 7 to 9 and 10, inclusive. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall beset for final public hearing the 2"d day of January, 2001 , and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 5th day of December, 2000, ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor Page 1 of 2 PASSED and ADOPTED on second and final public hearing this 2"d of January, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 a009�LI INSiIIS 19YR' a Q ■ NE 4TH ST (100') 6 5 a J 2 t� ++[31+1, � 6 +13 2 t� 6 4 J 2 1 5 Z LLJ _ 7 8 9 1 11 t W? 9 9 C 4RD CC Z ST 0 Z Z 1141.31 t 6 5 1 3 2 11 U i 6 5 J 2 6 5 4 J 2 1 t 3I41 tit Ej], I �1 7 1 8I'j-1111: NE 2ND ST (70 6 +13]21 E54 1314, 6 5 4 3 2 5 5> 3 2 1 11 7 8 9 1 i11 % 9 g 7 8 9 1J�j 7 8 4 1 tt III "K ST 70 SE 3RD ST SE 4TH ST (100') ExxzszT 2 TAN 2 AGENDA ORDINANCE NO. 762 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 180, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 180, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive 15 foot by 20 foot easement for public utility purposes at the East end of the alley located in said Block 180. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall beset for final public hearing the 2"d day of January, 2001 , and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this 5th day of December, 2000, James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 2"d of January, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 11 WN loll ". �s Flu 9�6� � slll 19��E � �R91 �91 990191 "� a 111111 mill IN 916 � Ii90091 7Cp�1 Ii0991 99�691 INS 1111-11 � 6 ON 10 i4��16fll�111@��S �991 �� 1934n 9�Q961 111111 HIM1 IONIC I a, a�eege �1 9�1 i�NE Ili t 1�11 r /j'/ SW 4TN ST (100') Ln �/ o b 4 a 3 7 1 2First.. 5 3 2 1 6 5 4 5 2 1 V) 6 5 � ¢ "Baptist' o 8 IC ill, r- 7 8 9 1r 11 V 3 Q SW STH ST 70 3 6 5 4 3 2 t r 5 4 3 2 !(�o 6N 43 2 t 6 5 a 1 3 2 1¢ 6 S 4 3 2 31: 5 N 7 8 9 1 111 7 8 9Tr 111� 3 7 8 9 1 45 9 Ln 1401111.1111 7 3 5 4 3 2 1 00o®®omee©ol 615141312 vooIEmN IN =Loam -- • • EXHIBIT 3 - JAN 2 AGENDA ORDINANCE NO. 763 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 14, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 14, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running North to South between Lots 1 to 6, 7 and 26, inclusive. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility purposes in and over the alley located in said Block 14, CITY OF OKEECHOBEE, between Lots 1 to 6, 7 and 26. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 6tn day of February, 2001 , and shall take effect immediately upon its adoption. Page 1 of 2 INTRODUCED for first reading and set for final public hearing this V day of January, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 61h of February, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 • NW 177H ST-- '� Sulu Alley Block 14 81. 3,1 1110 9I8 7 8 5 4 3 18I1S14131211 10 9 8,7, 1 4 j �2+21+4� 141516171819 20 i 21 74�M, 171819 0 212 23 4 5251 I I I I I 8 NW 16TH ST I I I '.3 1—_ 87 65432 1 113I12111I10�9I81716I5I4I3I2ItI 18151413121110987 3- FF��_�r11 4—' 1 I 9I20 21 ` 4 14-15181 1819 20�21 23I242526 1718192021 23 24 25 S I ( ! I ►IIIIII ��zl�Ill NW 15TH ST C 1 87 8 5 4 3 2 1 131 11101918 7 615,413,211, 1781514131271I1019 8 7I1 ��JJ -- -1 3— i 4 IrHealth ee 9i20 2 22� �4� 1415161 1819 20 212 2425I26 17181920212 23 4 6 re - --1 -- NW 14TH ST 100' I 317�6 S 4�312 ]J1 271 OI9,8 7 8 5'4I312 1 8 4 3 21110 9 8 7. 2 cII 9 8 7^6 5 4 `3 2 1' I j 4 1` 2 0 II i - 3120 21 2 fi 20121 3t24{2 7 8 9 021 23 4�5r?6 5 k p` OI 2d 21S2d�1461 1 16 I i IF I i o I I I I I I �7_S S 4 t3l 7 �8 5 4 1-3 2 1 NW 13TH ST (701 I I'i .� NW 10TH ST (100-) 7 615 4 3 2 1 I � I 2021�21 I� ILL 2 1 1 2 615I4,3 2!'1 131 y �11 C�9 8; 7 21 1 15r7118(1 2C 1 it j11 S 4 11 10 9 87 2 12 9 8[7'1 8 SI+ 3I2 t 211� 918' 1 3 2 a I - l� I 1 1 I 21 ? 23 ! 15 2Q 21 t� 51611711ail 12L v i I 16 I JMI -- 1514 P41 NW 9TH ST 70 (� J �: yf ST 70 �41 W ! 1 14 B15143 2� 1 '2012i CSXTRANSPORTATION INC. RAILROAD -j -- i t 11 9 8 7 �8 514,312 1 4h 5 i 811 rl J 1 20 21 ' � 3z ' I IMF 5m.. [,!k, i If iEWJMf J�... jT 1414 41441S15 575S�18 818 8188 17 717 73t77 18 8 `:1881819 9�919 20 10 '20 10 20 :0 i 20 10 Z iff /II . 8 5 + J Z!',�f_, 13i12111 109 81 7 9 I 19 I 9 k� [,!k, i If iEWJMf J�... jT 1414 41441S15 575S�18 818 8188 17 717 73t77 18 8 `:1881819 9�919 20 10 '20 10 20 :0 i 20 10 Z iff /II . 8 5 + J Z!',�f_, 13i12111 109 81 7 9 I 19 I 9 k� Z iff /II . 8 5 + J Z!',�f_, 13i12111 109 81 7 9 I 19 I 9 k� • • EXHIBIT 4 jAN 2 AGENDA ORDINANCE NO. 764 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 7, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 14T" STREET, NORTHWEST 13T" STREET AND NORTHWEST 8T" AVENUE AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys, alleyways or streets described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 7, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. That portion of Northwest 141' Street lying East of 91h Avenue and West of Lot 1, Block 6, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. That portion of Northwest 131h Street between Northwest 81h and 9'h Avenue, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. That portion of Northwest 8'h Avenue lying North of the South line of Lot 1, Block 10, North to 141h Street, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for Page 1 of 2 public utility purposes in and over Northwest 141h Street from Northwest 71h Avenue to Northwest 91h Avenue. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the 61h day of February, 2001 , and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2"d day of January, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 6"' of February, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 L K' W 0 0 0 *611111119 Lawson, Noble & Webb, Inc. ENGINEERS 0 PLANNERS • SURVEYORS November 2, 2000 City of Okeechobee 55 Southeast Third Avenue Okeechobee, Florida 34974 Attn: Mr. Bill Veech City Administrator Re: South Florida Water Management District - Byrd Site Review L.N. & W. Project No. B182 Dear Mr. Veech: We have reviewed the revised plans and responses (copy attached) submitted by South Florida Water Management District (SFWMD) relative to the proposed water quality treatment and drainage bypasses for the Byrd Site. I discussed these responses and additional concerns with Ralph Hayden of the South Florida Water Management District. According, the following comments were addressed with Mr. Hayden: 1. The detail for stabilization of the swale banks was pointed out by Mr. Hayden to be on Sheet 7 of the plans. We are satisfied with this comment. 2. SFWMD plans to regrade the NW 9th Avenue swale back to the north to an existing drainage culvert to the outfall ditch. At the proposed grading, this culvert would store approximately 1.7' of water in the swale. Mr. Hayden agreed to replace the culvert to eliminate this condition. 3. Easements are currently being prepared for the existing utilities and proposed drainage. Mr. Hayden stated copies would be sent to us for our review. We recommend that the recorded easements be in hand prior to commencement of construction. 4. There appears to be no known legal right-of-way or easement over the outfall ditch. The ditch is part of historical drainage in the area. If any of the ditch/conveyance system exists over the subject property. it would be recommended that the property owner conveyance an easement for that portion on their property. \\PSL FS\MAIN\Data\100-199\B182\DOCS\2000\B182 VEACH SFWMD BYRD SITE LTR 11-2-OO.doc UwsoN, NORL[ & WBee, INc. • 590 NW Peacock Boulevard, Suite 9 • Port St. Lucie, FL 34986 PH. (561) 878-1700 • FAX (561) 878-1802 • Inw-psl•lnw-inc.com • http://www.lnw-inc.com West Palm Beach • Port St. Lucie • Plantation Mr. Bill Veach November 2, 2000 Page 2 We would recommend that the project be conditionally approved with satisfaction of the above comments. If you have any questions relative to the information contained with this letter, do not hesitate to contact me. Thank you for your time and consideration. Sincerely, 46bert A. E. Director of Engineering RAM/ram cc: Dennis Horton, LNW Ralph Hayden, SFWMD Real Estate Engineering & Construction \\PSL FS\MAIN\Data\100-199\B182\DOCS\2000\B182 VEACH SFWMD BYRD SITE LTR 11-2-OO.doc 4 5 1+2+11415181 18 L7+2" / 8 I I NV 2 12 H9 8 7 61514131211 ' 13�1�j11�,0�9 / I I 13 4 � 14 �1415- 5 15 20 21 2 � I 11611711E 18 i I Z W 2 12.. -11 18[7](1154 321 131 11109 I 3 14 U � 5 15 20 21 L ' 1415I/81 if 1� ICJ I I e I 2 12 98 7 65432 1 '13_ I12'11I10f;4 I 13 14 c 15 71819 20 212 4 5 8 1415161 1 40 HOWNN©OWN iiiiiio.lilli! ©MN U-N., mn©o©©m , M oNNoNNomMNNNNII Kill :.- o ��m�oa�00000a aoaAao s :� .d it'ibii[�IitJii"i[7P��li+�'l�y���:��:%?�:���: 1►/[�l[�IiI�;[fliY� .. . • �� soon a000ao mmmm �m - m���mm �C SIN loop.III � �m a OWN .;,y�.��®�oo�oaaaoa mom [C]l �Jwuwpvvl 1411711ESnIN20121 n\ CSX NWW 8T} ©MN U-N., mn©o©©m , M oNNoNNomMNNNNII Kill :.- o ��m�oa�00000a aoaAao s :� .d it'ibii[�IitJii"i[7P��li+�'l�y���:��:%?�:���: 1►/[�l[�IiI�;[fliY� .. . • �� soon a000ao mmmm �m - m���mm �C SIN loop.III � �m a OWN .;,y�.��®�oo�oaaaoa mom [C]l �Jwuwpvvl 1411711ESnIN20121 n\ CSX NWW 8T} Dee 06 20 10:11a CAS - 10 D Milita (561-924-7702 • EXHIBIT 5— TAN 2 AGENDA December 6, 2000 Mr. Bill Veach, City Administrator City of Okeechobee 55 SW Third Avenue Okeechobee, Florida 34974 CONSULTING ENGINEERS • PLANNERS . SURVA. EYORS & ASSOCIATES ECWA RE: ASSIGNMENT OF CDBG-ED CONTRACT Dear Mr. Veach: If you will recall, Craig A. Smith & Associates made a written request that the City Council would approve an assignment of the CDBG-Economic Development Contract to Nancy Phillips & Associates. This was requested because prior to this request .Ms. Phillips was an employee of Craig A. Smith & Associates and would have prepared and administered your CDBG Grant through our firm. However, since the contract award Ms. Phillips is no longer an employee of the firm and is doing this type of consulting work through her own company, Nancy Phillips & Associates. Our engineering and legislative contracts are separate and for that matter my legislative contract with the City expressly excludes CDBG. In order for Ms. Phillips to continue the on -going CDBG Grant that she has prepared for you it may be necessary to once again memorialize this assignment, this time specifically including the "Administration'-' phase. I am requesting that you present, as may be necessary, to the City Cowncil our request for the CDBG-F.D Contract, including both preparation and administration to Nancy Phillips&. Associates. I apologize for any inconvenience this may cause you or the City Council. Sincerely, CRAIG A. SMITH & ASSOCIATES M. Dale Milita vice President cc: Gene R. Schriner President 242 Royal Palm Beach Boulevard, Royal Palm Beach, Florida 3,3411 TEL: (561) 791-9280 FAX: (561y 791-9818 This document amends the above noted contract dated June 6, 2000 by modifying the language noted in the following Articles. - ARTICLE 1 - CONSULTANT SCOPE OF SERVICES Additional Language 6. The CONSULTANT shall provide assistance to the CITY for the services of the Phase I - Pre -Application Preparation Services for U.S. Department of Commerce, Economic Development Administration (EDA) Public Works and Development Facilities Program 7. The CONSULTANT shall provide assistance to the CITY for the services of the Phase II - Final Grant Preparation Services for U.S. Department of Commerce, Economic Development Administration (EDA) Public Works and Development Facilities Program 8. The CONSULTANT shall provide all required services for Phase III - Grant Administration through close-out of the U.S. Department of Commerce, Economic Development Administration (EDA) Public Works and Development Facilities Program project for the City's Industrial Park. ARTICLE 2 - GRANT PREPARATION SERVICES - CITY' S RESPONSIBILITY Additional Language 8. The CITY shall ensure that the CONSULTANT is provided all engineering related plans/reports, specifications and cost estimates as well as required maps which are necessary for the submission of the U.S. Department of Commerce, Economic Development Administration (EDA) Public Works and Development Facilities Program's Grant Phase 1 - Pre -Application and Phase II - Final Application. Also, the required Environmental Assessment, if required by the funding agency, for the EDA grant portion is not the responsibility of the CONSULTANT. ARTICLE 3 - PERIOD OF PERFORMANCE Additional Language The period of performance under this COMBINED PROJECT for the CDBG and EDA grants shall begin upon the signing of this Amendment and shall be completed upon the submission of both the CDBG Economic Development Grant Application and the EDA 1 r Phase I Pre- �{ Application, and Phase III - Grant AdirnnistreLon throughcoaaout' Works and Developments Facilities Grant for infrastructure at the City's Industrial Park. ARTICLE 4 - COMPENSATION* Additional Language Prior to the start of the EDA Phase I - Pre -Application process, the CITY will pay a lump sum fee of Three Thousand Five Hundred Dollars and 00/100 ($3,500.00) to CONSULTANT. 4. Within 15 days AFTER submission of the EDA Phase I - Pre -Application by the CITY to the funding agency, the CITY shall pay the remaining Four Thousand Dollars and 00/100 ($4,000.00) to CONSULTANT. 5. After the CITY's receipt of the Invitation to Submit EDA Final Application and prior to the start of the EDA Phase II - Final Grant Application process, the CITY will pay a lump sum fee of Four Thousand Five Hundred Dollars and 00/100 ($4,500.00) to CONSULTANT. 6. Within 15 days AFTER submission of the EDA Phase II - Final Grant Application by the CITY to the funding agency, the CITY shall pay the remaining Five Thousand Four Hundred Fifty Dollars and 00/100 ($5,450.00) to CONSULTANT. 7. After official notification of Award is received by the CITY from the U.S. Department of Commerce, Economic Development Administration, the CITY will pay a lump sum Phase III - Grant Administration fee of 4.5% based on all the funding amount(s) obtained for the CITY with respect to this contract. The CONSULTANT is not due a Phase III - Grant Administration fee unless the EDA Phase II - Final Application for infrastructure improvements at the CITY's Industrial Park is approved by EDA. The CONSULTANT will invoice the CITY at the appropriate time and payment is due within thirty (30) days of receipt of invoice. *It is the understanding that the third party participant in the City Council meeting of April 4, 2000 and subsequent meeting held with third party on September 28, 2000 agreed to pay/reimburse the grant preparation cost to the CITY. K Additional Language This Contract is being assigned to NANCY PHILLIPS & ASSOCIATES, L.C. and was approved by the CITY COUNCIL at their regularly scheduled meeting on October 3, 2000. IN WITNESS WHEREOF, the parties have agreed to this Amendment. CITY COUNCIL ATTESTED BY: NANCY PHILLIPS & ASSOCIATES, L.C. NANCY . PHILLIPS, PRESIDT/CEO ATTESTED BY: C:\N4yFiles\CityofOkf--echobee\cdbg-edacontractamendment.wpd tt3 • ExHIBIT 6^- JAN 2 AGENDA City of Okeechobee Tabulation sheet PW 02-14-11-00 for Ground Maintenance Vendor MONTHLY ANNUAL T & C LAWN CARE $1,340.00 $ 16,080.00 UEN CIRCLE M LAWN MAINTENANCE $ 900.00 ., ,. ;,I. �r $15,600.00 $1,300.00 H & H SERVICES $1,380.00 $16,560.00 CHARLIE'S LAWN MAINTENANCE, INC, $1,300.00 $15,600,00 NOTE: The recommendation is shaded. 941 763 0513 P.01 OKEECHOBEE MOTOR COMPANY P. O. Box 519 Ph. (941; 763-2121 OKEECHOBEE, FLORIDA 34973-0519 EXHIBIT 7 — JAN 2 AGENDA Nov 28, 2000 Alw: Donnie RdbOMm re: quote on F150 2001 F 150 re-8 cab 120" WB hic 4.61, V8 A/lcal)s ANV M as pu Fl Sheriff Association f3id #00-08-M5 # 15 (CV, tf7► 1C— t ForA 11/30100 12:00:20 CNGP530 VEHICLE ORDER CONFIRMATION Dealer: F24410 _�> Page: 1 of 1 2001 F-SERIES LD e: gB price Level: t25 Order No: 0001 Priority; M1 Ord FIN: OD113 Order Number: Ord PEP: 502A Cust/Flt Name: OKEECHOBEECTY RETAIL RETAIL 56M FLEET INCENTIVENO F17 F150 02 SS R!C $16865 772 WORK TRUCK GRP 400) 120" WHEELBASE SP DLR ACCT ADJ YZ OXFORD WHITE CC NC 10 US GAL GAS A VINYL BENCH 94A NET INV FLT OPT NO T DARK GRAPHITE Cog PRICED DORA NC 502A PREF EQUIP PKG *• FLT MKTG OR .BLK AFRO MIRRS NO DEST AND DELIV 715 .AM/FM STER CASS TOTAL BASE AND OPTIONS 19825 99L 5.4L EFT V8 ENG 1550 TOTAL 19825 44U ELEC 4-SP AUTO 1095 *THIS IS NOT AN INVOICE* T52 P235 5SW A-S X27 3.31 REG AXLE NO FLEET SPEC ADJ NO 153 FRT LIC BRACKET NO 6050M GVwR F3/F12-Veh Ord Menu F1-Help F2=Return to Order F4=Submit F5-Add to Library 0004123 S099 - PRESS F4 TO SUBMIT DEC-04-00 110h1 12 -.32 Prepared for: C H E V R O L E T ilehic to Surnmary • Prepared by: BODBY SCHOENFELD G!LBERT CHEVROLET COMPANY, INC. 3550 HIGHWAY 441 S P,O. BOX 848 OKEECHOBEE, FL 34973 Phono: (941) 763-3154 Fax: (941) 763-1852 CODE MODEL MSRP OKEE CC15703 2001 2WD Regular Cab, 6.57ti6x. T1 0" W8 15,880.00 13.895.00 1SA Equipment Group 1SA NiC NIC 1SZ Preferred Equipment Group Discount N'C NIC Tire Weight Tax - Model NiC NIC Base Decor- NIC NIC Fleetside Bcay Code NIC NIC FE9 Federal Emission Requirements NIC NIC No Emission Override Desired NIC NIC 6100 Ibs GVWR NIC NIC, LR4 Vortec 4800 V8 SFI 695.00 576.85 M30 4-Speed Automatic, Light Duty 11095,00 908.85 GUS 3.42 Rear Axle Kabo NIC WC Z83 Standard Suspension NIC NIC Silver Painted Wheels wiChrome Center NIC NIC QNF P235I75R-10 All Season Blackwall NIC NIC Tire Weight Tax NiC NiC Standard Spare NIC NIC AE7 Vinyl Reclining Split Bench Seat NIC NIC C60 Front Air Conditioning 825,00 684 75 AMIFM Stereo w/Seek-Scan and Clock N/C NIC VX5 Fleet Incentive Invoice Credit NIC tw.cc) TFD Retail Amenity Delete NIC (31.6e) Special Paints Not Desired NiC NIC ZY1 Solid Paint NIC NIC 50U Summit White NIC NIC No Lower Color Available NIC NIC No Stripe Available NIC NIC 12V Graphite Vinyl NIC NIC No Stripe Color Available NIC NIC No Molding Color Available NIC NiC .. SUBTOTAL 18,495.00 15,565.45 DEALEWSPECIAL OPTIONS GCO DEALER MARKUP 0.00 175.00 SUBTOTAL V 0 175.00 ADJUSTMENTS 0.00 (31.ce) DESTINATION CHARGE 720.00 720.00 TOTAL PRICE (j 1 16,42917 EPA City: 10.0 mpg EPA Highway: 20.0 mpg EPA Highway Cruising Range: 520 ml Page 1 December 04, 2000 F , . us TELEPHONE: (941) 763-1 155 • FAX: (941) 763-3641 December 26, 2000 Code Enforcement Board Okeechobee, Florida re: Gaughan Property S.W. 2nd Street Case No. 99-03-1 Dear Board Members; •EXHIBIT 8— JAN 2 AGENDA GIL CULBRETH REAL ESTATE REALTOR P.O. BOX 848 401 SOUTH PARROTT AVENUE OKEECHOBEE, FLORIDA 34973 This letter is written to you to request a release of the lien on our property on S.W. 2nd Street in the City of Okeechobee. if we are granted the release of the lien we would then be able to sell the property. We know the property needs to be brought into compliance as does the prospective buyer. Upon closing, the new owner would then be able to bring the property into compliance which was the ultimate goal of the Board from the beginning. We understand that, according to the statutes, the Board does have the authority to release a lien if they deem that the best way to resolve the problem_ We would appreciate your consideration once again regarding this property- We ho this matter can be resolved to achieve the Board's goal for the City of Okeechobee Sincerely, _M U Rig Sharon W. Gaughan CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council FROM: Bill L. Veach, City Administrator DATE: SUBJECT: Status Report Below is a brief summary of past and upcoming events. DEPARTMENT s SYNOPSIS N ADMINISTRATION 1. Industrial Park/Sheffield Environmental - Three grants have been prepared and submitted. We have received favorable preliminary feedback on each. A Participating Party Agreement is being prepared/reviewed by the City Attorney. 2. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. Talks will be initiated with the County Tax Assessor's Office. 3. Air Quality - The City Clerk's office and the air conditioning duct work within were diagnosed with mold spore contaminants. Work has been completed to correct this situation. Follow-up testing will be performed. 17 DEPARTMENTr +, SYNQPSiS k 9t F ADMINISTRATION CONTINUED 4. FYCC & Eckerd Youth Foundation - Both are working with the City to help uptown, weed medians and hang Christmas decorations. 5. Police Station - Exterior walls are going up and work continues. 6. Tank Tech - We are working with Ardaman & Associates regarding the tank removal/ spillage issue at the City Barn. Funding applications have been sent to DEP and should be processed by mid January. CITY CLERK 1. Positions filled - Carolyn Arnold has been hired to replace Julie Rogers in the City Clerk/ General Services office. She will begin January 24, 2001. The City Police Department has filled the two dispatcher positions. Giesla Vavra and Phillip McCrary have been hired. POLICE 1. The Police Department is requesting the DOT paint lines distinguishing the second turn lane at Walmart. Other precautions are being considered by DOT. 2 DEPARTMENT , �' ; N SYNOPSIS BOARD OF 1. Results of November 28th Meeting - Property owner Edward ADJUSTMENT Douglas requested a setback variance on the front and back of his property located at 916 West North Park Street. Purpose was for the expansion of building to accommodate our growing community. Proposal was denied due to the building being too large. 2. Property owner Frank Walker and applicant Jim Hilderbrand requested a special exception for the property located at 1002 South Parrott Avenue. Purpose was to allow an outdoor vehicle sales lot on commercial property. Proposal was passed. 3. Property owner First Baptist Church requested a special exception and a setback variance for the property located at 401 Southwest 4' Street. Purpose was for a church fellowship/education/multi-purpose facility and 25% lot coverage required by churches. Proposal was passed. CODE ENFORCEMENT 1. All of the businesses that received notices for sign violations along Hwy 441 South have come into compliance. 2. All of the businesses cited along Hwy 70 W for sign violations have come into compliance, except for P & E Drug Alcohol Traffic School. 3. Most of the violations sent to property owners in Blue Heron for overgrown grass have complied or are in the process of coming into compliance. 4. Notices were sent to all the businesses connected with the building at 321 SW park Street (Okeechobee Hardware building). It was cited as being a public nuisance and safety hazard. We are in the process of having it demolished, but there have been some complications which have slowed down the procedure. 3 projects are nearing completion. 2. Public Works employees have addressed the situation in the Clerk's office. Staff are returning to the office. OUTSTANDING 1. Updating and modernization of City Ordinances (Code Book ISSUES -CITY and LDR's • Telecommunications • Departments and ATTORNEY Offices • Planning and Development • Streets and Sidewalks • Subdivision Regulations • Water and Sewer Regulations (The City Clerk has explored possibilities in this area as well.) 2. Adelphia Cable TV Franchise Agreement Renewal. - A proposed franchise agreement is under review by the City Attorney. 3. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - A meeting with the City Administrator, Attorney Cook and Jeff Sabin is planned. 4. Fire Hydrant Issue with the OUA - OUA has provided us with preliminary planning maps so the City could determine future impact. 5. Grit Bankruptcy case ~ Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. 4 1 DEPARTMENT SYNOPSIS OUTSTANDING 1. Updating required insurance programs, ie: safety, blood born ISSUES pathogens, drug -free workplace. (Chief Tomey & Safety Committee) Implementation of safety policies is currently underway. 2. Modernize Code Enforcement Policies and Procedures (Chief Tomey 8v Attorney Cook) 3. Enhanced 911 (City and County Staff) Long -Term: 1. Apply for CDBG Grant for continuation of Downtown Project. 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. 3. Adopt a 5 year program addressing growth, economic development, community development and organizational development. 4. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal. 5 t� OK[f 1 CS O� 11 � O nur 410,,P MEMORANDUM Office of the City Clerk/Fersonnel Administrator To: Bill Veach, City Administrator From: Bonnie S. Thomas, City Clerk/Personnel Administrator Subject: January 2, 2001 Agenda Items Date: December 27, 2000 The following are new business items for the January 2, 2001 agenda; Open Public Hearing for Ordinance Adoption, A.1.a) Motion to read by title only, proposed Ordinance No. 761 closing the North to South Alley in Block 170 presented by Parrott Avenue Christian Church. b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No. 761 2,a) Motion to adopt proposed Ordinance no. 761, b) Public Comments. c) Vote on motion. B.1.a) Motion to read by title only, proposed Ordinance No. 762 closing the East to West Ailey in Block 180 presented by First Baptist Church. b) Vote on motion to read by title only. c) Attorney Cook to read proposed Ordinance No. 762 2,a) Motion to adopt proposed Ordinance no. 762, b) Public Comments. c) Vote on motion. New Business Items; A. Swearing in of newly elected officials. B. Election of Mayor. C. Two year Appointments of Council Members to serve as City Liaisons to various Boards; l . Central Florida Regional Planning Council (one Council Member, currently Mayor Kirk serves on this Board), 2, Tourist Development Council (two Council Members, currently Council Members Markham and Watford serve on this Board). 3, Okeechobee Development Authority (one Council Member, currently Council Member Watford serves on this board). 4, Juvenile Justice Council (one Council Member, currently Mayor Kirk is serving on this board). 5, Treasure Coast Council of Local Governments (one Council Member, currently Council Member Oliver serves on this Board). D,1,a) Motion to read by title only and set February 6, 2001 as a public date for proposed Ordinance No, 763 closing the North to South Alley in Block 14 presented by CYC Management Corp. ri b) Vote on motion to read by title only, c) Attorney Cook to read proposed Ordinance No. 763. 2,a) Motion to approve the first reading of proposed Ordinance no. 763. b) Public Comments. c) Vote on motion. E,1,a) Motion to read by title only and set February 6, 2001 as a public date for proposed Ordinance No. 764 closing the East to West Alley in Block 7, a portion of Northwest 141h Street, 13th Street and 8th Avenue presented by Jim Byrd, b) Vote on motion to read by title only, c) Attorney Cook to read proposed Ordinance No. 764, 2,a) Motion to approve the first reading of proposed Ordinance no. 764. b) Public Comments. . .a • 0 c) Vote on motion. Thank you. JANUARY 5,1999 - REGULAR MEETING - PAGE 4 OF 7, VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. Swearing in of newly elected officials by Judge Hendry. 40 B. Election Mayor. Council Member Watford thanked Clerk Thomas for the staff/history report explaining how these errors occurred, he also asked if handling the correction this way was okay. Clerk Thomas responded yes, everything was run by the Planner, all the information that we advertised and sent to the Department of Community Affairs was correct, only the ordinance had the errors in it. Mayor Kirk asked whether there were any comments or questions from the public. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk closed the public hearing at 6:13 p.m. Mayor Kirk requested Judge Shirley Brennan came forward to swear in the newly elected City officials. Judge Brennan administrated the oath of office to Council Members Noel Chandler, Bob Oliver, Dowling Watford and City Clerk Bonnie Thomas, after which Judge Brennan congratulated each on their four year term beginning January 5,1999 and ending January 7, 2003. Mayor Kirk opened the floor for nominations of Mayor. Council Member Watford nominated, James E. Kirk to continue to serve as Mayor; seconded by Council Member Chandler. Mayor Kirk accepted the nomination and thanked the Council for their vote of confidence. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. IX. NEW BUSINESS. C. Appointments of Council Members to serve as City Liaison to various Boards: 1. Central Florida Regional Planning Council (one Council Member). 2. Tourist Development Council (two Council Members). 3. Okeechobee Development Authority (one Council Member). 4. Juvenile Justice Council (one Council Member). 5. Treasure Coast Council of Local Governments (one Council Member). D. Motion to approve the Second Amendment to the Interlocal Agreement creating the Okeechobee Utility Authority between the City and County - OUA Attorney Tom Conely (Exhibit 2). JANUARY 5,1999 • REGULAR MEETING • PAGE 5 OF 7 Council Member Chandler commented that he is currently serving on this board. However, he cannot continue, the meetings are the first Wednesday of each Month in Sebring at 9:30 a.m. Mayor Kirk volunteered to serve as the liaison to the Central Florida Regional Planning Council for a two-year term. Council Members Chandler and Oliver are currently serving as the liaison's and neither wished to continue. Council Members Watford and Markham volunteered to serve as the liaisons to the Tourist Development Council for a two- year term. Council Member Watford is currently serving on this board and volunteered to continue as the liaison to the Okeechobee Development Authority for a two-year term. Mayor Kirk is currently serving on this board and volunteered to continue as the liaison to the Juvenile Justice Council for a two-year term. Council Member Oliver is currently serving on this board and volunteered to continue as the liaison to the Treasure Coast Council of Local Governments for a two-year term. Council Member Chandler moved to approve the Second Amendment to the Interlocal Agreement creating the Okeechobee Utility Authority between the City and County; seconded by Council Member Watford. Following a brief discussion, the vote was as follows: KIRK • YES CHANDLER • YES MARKHAM • YES OLIVER •YES WATFORD • YES MOTION CARRIED. E. Motion to approve and execute an Interlocal Agreement between I Council Member Watford moved to approve and execute an Interlocal Agreement between the City and County the City and County regarding the development of a Local regarding the development of a Local Mitigation Strategy (LMS) (Emergency Services); seconded by Council Mitigation Strategy (LMS) - City Administrator (Exhibit 3). Members Oliver and Markham. 0 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOAR6, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: `�W CITY T i COUNTY "rry ❑ COUNTY ❑ OTHER LOCAL AGENCY' r ,� [ N, OF PO CAL SUBDIVISION: DATE ON WHICH) VOTE OCCURRED I� ► X i MY P1OS11TION IS: r) V1i t (l si i % %(y) I ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, 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. Your responsibilities under the law when faced with voting on 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 A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) C`.F FARM AR _ FFR i/9nnn DAr= i APPOINTED OFFICERS (continued) • A copy of the form must be'provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST I, IJ a :c) Yl G R �r �- ti� .l 2 , hereby disclose that on .i 11 U 2 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ✓ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ��C��cCC��� a,j�&a� 11r2 /-,: �9 / Date File "000:�Signatu e by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2