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2000-10-03 RegularZZ CITY OF OKEECHOBEE OCTOBER 39 2000 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: October 3, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Neil Gunsalus Pledge of Allegiance led by Mayor Kirk. III. 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. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Rehmund "Buck" Farrenkopf V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2000 Regular Meeting. PAGE 1 OF 8 Mayor Kirk called the October 3, 2000 Regular City Council Meeting to order at 6:0 p.m. Pastor Gunsalus offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Mayor Kirk presented a Certificate of Retirement to Retired Chief Farrenkopf. The certificate read: Office of the Mayor, Okeechobee, Florida, Presented to Rehmund "Buck" P. Farrenkopf, in recognition of his valuable service to the City of Okeechobee and it's residents, as an employee of the Police Department for 22 years, February 15,1978 to August 31, 2000. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the September 19, 2000 Regular Meeting; seconded by Council Member Oliver. There was no discussion regarding this item. OCTOBER 3, 2000 - REGULAR MEETING - PAGE 2 OF 8 V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2000 Regular Meeting continued. VI. AGENDA -Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Council Member Watford commented that he did not have an item to add, however Julie Smith, the Administrator's Secretary would be leaving her employment with City next week and he wanted to thank her for your service to the City and added that she would be missed. Attorney Cook requested to add an item under new business to update the Council regarding the Brantley vs. City case. MAYOR KIRK OPENED THE PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION AT 6:06 P.M. A.1. a) Motion to read by title only proposed Ordinance No. 757 closing the Council Member Oliver moved to read by title only proposed Ordinance No. 757 closing the Alley in Block 23, South Alley in Block 23, South Okeechobee - City Attorney (Exhibit 1). Okeechobee; seconded by Council Member Watford . b) Vote on Motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 757 by title only. Attorney Cook read proposed Ordinance No. 757 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 23, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, 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." OCTOBER 3, 2000 - REGULAR MEETING - PAGE 3 OF 8 39 VII. PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordinance No. 757. III Council Member Markham moved to adopt proposed Ordinance No. 757; seconded by Council Member Oliver b) Discussion. Mayor Kirk asked whether there were any comments or questions from the public, there were none. Council Member Watford clarified that this is the David and Rose Conlon Alley Closing Application. The alley is located next to the Handy Food Store, and that most of the alley's in the area are closed. Mayor Kirk asked whether there were any questions or negative comments from the surrounding property owners, Clerk Thomas responded no. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. B.1. a) Motion to read by title only proposed Ordinance No. 758, Council Member Watford moved to read bytitle only proposed Ordinance No. 758, establishing a law enforcement trust establishing a law enforcement trust fund- City Attorney (Exhibit 2). fund; seconded by Council Member Markham . b) Vote on Motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 758 by title only. Attorney Cook read proposed Ordinance No. 758 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF RESOLUTION NO.98-13, CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITYTO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE." c, OCTOBER 3, 2000 - REGULAR MEETING - PAGE 4 OF 8 VII. PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordinance No. 758. III Council Member Markham moved to adopt proposed Ordinance No. 758; seconded by Council Member Oliver. b) Discussion. Mayor Kirk asked whether there were any comments or questions from the public, there were none. There was a brief III discussion between the Council, Police Chief Davis and Attorney Cook. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. C.1. a) Motion to read by title only proposed Ordinance No. 759, regarding Council Member Watford moved to read bytitle onlyproposed Ordinance No. 759, regarding Enforcementof Nuisances Enforcement of Nuisances within the City - City Attorney (Exhibit within the City; seconded by Council Member Chandler. 3). b) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 759 by title only. Attorney Cook read proposed Ordinance No. 759 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." OCTOBER 3, 2000 - REGULAR MEETING - PAGE 5 OF 8 VII. PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION CONTINUED. 2. a) Motion to adopt proposed Ordnance No. 759. 111 Council Member Chandler moved to adopt proposed Ordinance No. 759; seconded by Council Member Markham . b) Discussion. Mayor Kirk asked whether there were any comments or questions from the public, there were none. There was a brief discussion between the Council and Attorney Cook. According to this ordinance the City cannot spend more money to clean up property that is in violation of City Code than the property is worth. The City Administrator then has to approve or not approve the clean up, after the violation has been duly processed by the City Code Enforcement Board. The language for this ordinance was requested by the City's Code Enforcement Board at their last meeting. c) Vote on motion. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:15 P.M. VIII. NEW BUSINESS. A. Industrial Park Grant Update - Nancy Phillips/Dale Milita. In regards to the proposed City Industrial Park, Mr. Dale Milita and Ms. Nancy Phillips addressed the Council advising that they had found three funding sources for the development of the park. One of those funding sources is a Federal Economic Development Administration (EDA) Grant. The Council has not authorized its consultants to apply for that type of grant and would need to do so in order for them to pursue it. The first proposed development in the Industrial Park is Sheffield Environmental, Inc. they have been working with Ms. Phillips to offer and prepare necessary documentation on their part of the Community Development Block Grant (CDBG) and Economic Development Grant. Since the time that the City entered into the contract with Craig A. Smith and Associates (CAS) to prepare the grants on behalf of the City of the Industrial Park, Ms. Phillips has opened her own practice. She is still affiliated with CAS, however in order for her to complete the grant applications for the City, the Council would need to transfer the contract from CAS to Nancy Phillips and Associates. The contract with CAS does allow for this transfer. OCTOBER 3, 2000 - REGULAR MEETING - PAGE 6 OF 8 Vill. NEW BUSINESS CONTINUED. A Industrial Park Grant Update continued. Council Member Watford moved that we amend our contract with CraigA. Smith and Associates to include a Federal EDA Grant and to allow the assignment of the CDBG preparation to Nancy Phillips and Associates; seconded by Council Member Oliver. Mayor Kirk called for additional discussion. Council Member Watford then stated his concerns regarding the proposed developer, Sheffield Environmental, Inc. Mayor Kirk responded to Council Member Watford's concerns by stating he understood, the City is moving in an area that is new, and we want to be sure not to expose ourselves to economic harm. Administrator Veach stated for the record that in recent meetings with Sheffield representatives they have achieved some positive steps. Sheffield has agreed to pay for all costs related to obtaining the grants and they are willing to purchase the land in the Industrial Park outright and indicated they would be willing to still include host fees. Attorney Cook interjected that he felt certain that steps can and should be made to indemnify the City from harm and financial responsibility. Council Members Markham and Oliver stated they were in agreement to proceed so long as Staff understood their concerns, they wanted this project to move slowly and to take every precaution possible to protect the City. Administrator Veach also reminded the Council there would be the issue of wetlands in the area that would be the financial responsibility of the City. Mr. Milita interjected that they are looking into an innovative storm water system and may be able to negotiate something. Vote on motion was as follows: VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. Al3 OCTOBER 3, 2000 -REGULAR MEETING -PAGE 7 OF 8 ............................... ... ...................... r.'. .::.' ...................................... :............. :>i;:%%i;7;::.:i;.'i1:'.`:'.t:?:::i%:::;s;ii::i::ii::i:if:;r;::i:v ip i:i:r'. .iii:ii:i;::: i.;'0i::'::`i.:'iiCi:i.:[i'[:ii:.C:.C::.: _::':i>.:', .. .: .. w. ..........::::::....:......:.:............: ......... :.:. f3l.SC>;15..I N.....,.....:.....................................::.:::.::::.:::::...,:..::::::::; VIII. NEW BUSINESS CONTINUED. B. Assignment of Community Development Block Grant Preparation This item was handled in conjunction with the above item. Please see Item A for official action taken. Contract - Dale Milita (Exhibit 4). C. Discuss Alley and Street Closing Application No. 57. Applicant I.E. "Jim" Byrd, Northwest 14th Street (lying East of 9th Avenue and West of Lot 1, Block 6), Northwest 13th Street (between 8th and Administrator Veach advised the Council that this street and alley closing application is due to a water rerouting project between the property owner, Jim Byrd and South Florida Water Management District. Staff has some concerns since we have not been given a complete final set of plans of this project. 9th Avenue), Northwest 8th Avenue (lying North of the South line of Lot 1, Block 10, North to the 14th Street) and the East/West Alley in Block 7 - City Clerk (Exhibit 5). Council Member Watford moved to instruct the Clerk to do the necessary advertisements and ordinance to process the application submitted by I.E. "Jim" Byrd to close a portion of Northwest 14th Street (I)6ng East of 9th Avenue and West of Lot 1, Block 6), Northwest 13th Street (between 8th and 9th Avenue), Northwest 8th Avenue (l)ing North of the South line of Lot 1, Block 10, North to the 14th Street) and the EastfWest Alley in Block 7, City of Okeechobee; seconded by Council Member Markham. The Council agreed that this will get the ball rolling once they provide all necessary documents staff can continue with processing the application and ordinance. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA OLIVER - YEA WATFORD - YEA MOTION CARRIED. D. Item Added to the Agenda: Brantley vs. City Update - City Attorney. Attorney Cook advised the Council that he represented the City regarding Mr. Marvin Brantley's Appeal. Mr. Brantley owns property along the East side of South Parrott Avenue and has been found to be in violation of City Code's by the City Code Enforcement Board and liens have been levied against the property. The Court issued their findings and found the Code Enforcement Board Action followed State Statute, the violation stands. Mr. Brantley can either bring his property into compliance or Appeal to the higher District Court in West Palm Beach. The Council thanked Attorney Cook for his report and hard work on this case. AJ4 OCTOBER 3, 2000 - REGULAR MEETING - PAGE 8 OF 8 CITY OF OKEECHOBEE ----REGULAR CITY COUNCIL MEETING -October 12000 HANDWRITTEN MINUTES t CALL TO ORDER. - nyur; ium o"over i. zuuu. cvy _ou4wA2,weauUw keev~ 11. OPENING CEREMONIES: Invocation offered by pa"r 2 1 a , i o Pie& of Allegiance led by mcwor xu-k, — T, -HL---- MAYOR, COUNCIL AND STAFF ATTENDANCE - Present Absent Council Member Chandler -i merr!b6rMwkVam--- Uounci Council Member Oliver Council Member Watford L/ LI/ Attomey-Gook_ - _.— I __ — __ - Administrator Veach � i r4, Tlk%- as Deputy Clerk Garniotea IV. PRESENTATION OF CERTIFICATE - Mayor. - — -A. Present a Certificate of Retirement to Rehmund"I3uckr�_e_n_k_0V___ it --+t-V. --MINNUTES-w City Cleik. A Council Member moved to dispense with the reading and approve the Summary of Council Action for the September 19. 2000 Final Budqet Hearin and Regular Meeting; seconded by KIRK Yea No Abstained Absent Council Mem r ;�qh CHANDLER MARKHAM OLIVER---- WATFORD MOTION: R!I DENIED VI. AGENDA - Mayor. A. Requests for the addition, deferral or Wthdrawal of items on today's agenda. --off g OPFN PUBLIC IC HEARING FOR FINAL ORDINANCE ADOPMON - Mawr PL 1. ber.5 moved to-read-by#L-onlypioposed- anGeNo. _fj,, fm*nn@,Ajt8yjr1_.____ ' Block 23, South Okeechobee - City Attorney (Exhibit 1); seconded by Council Member li tF b) Vote on Motion. Yea No Abstained Absent URIC c) Attorney Cook read CHANDLER 0 t Vote Attorney on Motion . ne k read r�R MA� t only — OLIVER WA Cook y MARKHAM d le No. 757 by title only WATFORD 'AN - ORDINANCE ojg:-- C "RED DENIED -NKITI CLOSING, 1 0 S I LOSING, --V-A-C-A-T-ING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S T LOCATED IN BLOCK I AHOOK 5,-PAGE--7, - - - - PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING IN CLE-IN WREGORDS THE tj I y t R %� _jLznft I u nztoALiTHE ORD OF THE CLERK OF THE CIRCUIT COURT IN AND FOR. OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE -2. a) Cogdl, moved to adopt proposed Ordinance No. 757; seconded by Council Member J, b) Discussion. We on motm- Yea No Abstained Absent KIRK CHANDLER MARKHAM OLIVER WATFORD MOTION A �AI*D DENIED , --- -- - - -- - - ----------- ----------- -- -- - ------ -- --- Page-3------ �.1. a) Council Member to read by title only proposed Cirdinanc:e tJu. 730a-- ___ _ _enforcement trust fund- City Attorney (Exhibit 2 ; seconded by Council Member -- , - - ) Vote on Motion.-- -- ----- - — --- - - --- No Abstained Absent - -- --- - - - C) Att ey Goa reaa proposed 01 & 1a� �� KIRK -- Q58y title Only as f0110WS: AN CHANDLER NANCE OF THE CITY OF MARKHAM it gE[-moRF-FLORIDAWit OLIVER a -, . - --- - vrr� a a I - -- - - ` FORD ENACTING AND ESTABLISHING -- - - - -- - { - Pi - - -- — - -- --- - - - -- - - II FUND FOR THE DEPOSIT OF FUNDS OBTAINED -_BY-- CA� -- - - --- - --- ---------_-- -- - - --- - - �_ ___ ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF RESOLUTION NO.98-13, CITY OF OKEECHUMb, FLORIDA; SUCI1 F.,. S OBTAINED WROI IGH THE PROCEDURES OF FORFEITURE _ AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PItORITY OF DISPUSI'1'IUN ur---FUNDS --S€ F^r M THE EXPENDITURES_- PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO FOR OBTAIN AUTHORITY TO EXPEND SUCH , PROVIDING --- �- -- SE�t£pABIIb1TY; PROVIDII�LG_AN EFFECTIVE DATE. --- -- -- -- - 0 b Council Member ----- --- � - --- -c) --gym motes: — — -- - i, I. Yea -- KIRK CHANDLER---- - MARKHAM WATFORD - MOTIO'CRRI DENIED 1 0 0 __411al _0 ncil Member moved t-rea b_e oniyproposer0rdftinmeNo. gardng--- q4&tLqney (Exhibit 3); seconded by Council Member ___-Enforcement of Nuisances within the City Yea No Abstained Absent b) Vote on motion. KIRK CHANDLER c) Attorney Cook read proposed Ordinance No. MARKHAM IVER 759 by title only as follows: AN WAOLTFORD -.----ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, MOTION: C"R IED DENIED AMENDING ORDINANCE NO. 611, AS AMENDED, HEALTH AND t3CAU 1 11-1 ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNEIRCOMPLIAN Im AND R-EMEW-M FOR FAILURETOCOMPLY: CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; --PROVIDING FOR SEVERABILITY-,13ROVIDING FGRAN IEFFECTA-16- DATE. moved to adopt proposed Ordnance No. 759, souu, iddJ by Cuui i iv _U 2 a) CouDail Member of z7� or /1/001 via- ---No-- KIRK CHANDLER MARKHAM -40LAW. WATFORD J, c) Vote on motion ---^--__-,_ .---- ----'- MOTION: —RI --D P 1213W M RW A V%Akl^ Iftyw Abstained Absent -- DENIED / || ��--'------ |---' ---� ---'--- --- --' --- ------ --- --- ----------- - ---'---Page -��-' \ ' Vill, NEW BUSINESS. -----------�--- Nancy MilitaL ------�---'-- — 1A. Industrial Park Grant Update - / | - -- -'--- ----'----n�-------�- ---------�o------ ------ -'------ -Zr-------�� ------ - -- ---'--'--zr --------' -------------'-- ---------'---v"---'----------'�- ----�--------- u Q ^ 101 /~ ' `��-- --7�� - -- --- --�------ -----��-- | || - w �x x/ ----�--�------- -cr------ ----- � ' -dP- fc-I o, aU �--�-�r-- 'Tr-----�--�----��---~----'--- , - --- | C. - E;AQe E@8tof9hAVden ue �a'taMdWCieGt d ' 1 ��No� '' 1��l h�af^ -' -----''---~~^'r^= cn�ot . ',��[�|VVest ��-'[betxeeM8thand9t�Aenue\. Nhw88eeO 'ngNooheSulOeoL1,Bo10, Nhoh8 14Se�dh- East��'Gf��eyiMBock7-Ztw(��w�(Exhi��f5)___________________________ _^ e a, JO, oe— f 4— � | x / � - ----' --^'-~�-^�-7Y-----'---�--=�------ ------ -- ------------'--' ------ -_ _--- _ � KJ .! ------' _ � (| , !�------ � | ' | 0 • Page -I- CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - October 3, 2000 HANDWRITTEN MINUTES I. CALL TO ORDER: - Mayor: w,r-, Oct -Ober 3, 2000, CXV cou ACa1Ze9v-4,r Meet~,, 6:00 p.wv. II. OPENING CEREMONIES: Invocation offered by PastoY Ga n6a.Z w Pledge of Allegiance led by Mayor xti-k, III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk X Council Member Chandler X Council Member Markham X Council Member Oliver X Council Member Watford X Attorney Cook X Administrator Veach X City Clerk Thomas x I Deputy Clerk Gamiotea X I IV. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Rehmund "Buck" Farrenkopf. Mayor Kirk read the certificate of retirement in its entirety: Office of the Mayor, Okeechobee, Florida, Presented to Rehmund "Buck" P. Farrenkopf, in recognition of his valuable service to the City of Okeechobee and it's residents, as an employee of the police department for 22 years, February 15, 1978 to August 31, 2000, and presented it to Retired Chief Farrenkopf. Buck thanked the mayor for the certificate. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the September 19, 2000 Final Budget Hearing and Regular Meeting; seconded by Council Member Oliver . No discussion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. u u VI. AGENDA - Mayor. Page -2- A. Requests for the addition, deferral or withdrawal of items on today's agenda. Watford - not something to add, but Julie Smith, secretary for administrator will be leaving next week, many times we have employees come and go and we don't realize it, but I want to thank her for her service to the city, she will be missed. Cook - I have one brief item to add, an update on the Brantley vs. City case, add to end of agenda under new business. VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION -Mayor 6:06 p.m. . A.1. a) Council Member Oliver moved to read by title only proposed Ordinance No. 757 closing the Alley in Block 23, South Okeechobee - City Attorney (Exhibit 1); seconded by Council Member Watford. b) Vote on Motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. C) Attorney Cook read proposed Ordinance No. 757 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 23, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURTIN AND FOROKEECHOBEE COUNTY, FLORIDA; PROVIDING FORAN EFFECTIVE DATE." 2. a) Council Member Markham moved to adopt proposed Ordinance No. 757; seconded by Council Member -Oliver. b) Discussion. Watford this is the David Conlon application, alley next to handy Store, if I recall, most of the alley's in the area are closed, yes. Markham - North of this block is RJ Gators and we just closed that alley. Kirk - negative comments? Bonnie - None. Any questions/comments from Public - none. C) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. Page -3- B.1. a) Council Member Watford to read by title only proposed Ordinance No. 758, establishing a law enforcement trust fund - City Attorney (Exhibit 2); seconded by Council Member Markham. b) Vote on Motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. C) Attorney Cook read proposed Ordinance No. 758 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF RESOLUTION NO. 98-13, CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 2. a) Council Member Markham moved to adopt proposed Ordinance No. 758; seconded by Council Member -Oliver. b) Discussion. Watford - do we anticipate getting funds under this ordinance? Davis - we have already funds, about $20,000 in that account now, this lets us expend those funds. Watford -this is just a formality then. Cook - yes. Public comments/question- none. C) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. C.1. a) Council Member Watford moved to read by title only proposed Ordinance No. 759, regarding Enforcement of Nuisances within the City - City Attorney (Exhibit 3); seconded by Council Member Chandler . b) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea Page -4- OLIVER yea WATFORD yea Motion Carried. C) Attorney Cook read proposed Ordinance No. 759 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. 2. a) Council Member Chandler moved to adopt proposed Ordinance No. 759; seconded by Council Member Markham b) Discussion. Chandler - under this, you can't spend more than what property is worth to clean up? Cook - yes, if it is not cost effective, enforce code board direction in other means. Watford - some valid reason, he could still approve it. Cook - if not cost effective he has discretion not to approve it, can't imagine administrator approving if not cost effective. Watford - remember correctly, the code board still has to find the property in violation, and the property owner still has to fail to make a means to bring it in compliance. Cook - yes, unless it's a health violation then we can do right away. Previous ordinance requires us to file law suit, still have that available to us, now we can do it this way also. Administrator has to approve all clean ups. Oliver - we also talked about that city crews can do it if it's feasible and charge based on that rate. Cook - right. Watford - think it says something in here,,, Kirk - addresses the issues that we need. Cook - requested by code board at last meeting. Public questions/comments - none. C) Vote on motion. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. CLOSE PUBLIC HEARING - Mayor 6:15 p.m.. VIII. NEW BUSINESS. A. Industrial Park Grant Update - Nancy Phillips/Dale Militia. Militia - found 3 fund sources, feel confident, guaranteed, money available, not prepared to go into detail at this time for obvious reasons, $3.7 million found, based on park development and jobs developed from site development. Time is of essence. 1 of them you have not yet authorized (authorized CDBG and economic development), can do amendment for the CDBG and still obligates funds. Monies comes from grant or facility to be developed. • • Page -5- Nancy Phillips, because window of opportunity is quickly passing by, might have to have special meeting for final CDBG application adoption to submit final application. RFP for engineering firm, published, selection at next meeting, from 17'to end of month, get cost estimates and then have public hearing and submit by October and if wait until November grant dollars might not be available. Dale - don't know what rules are, we can handle new business items a and b, next item is to assign application. Since time we begin working together, Nancy has opened her own business, cleaner operation, contract allows you to work with her through CAS, federal EDA grant application amended allowher authorization to do work, don't know detail administrator has go into with you, negotiated to be paid for by grant Bill - we need you to authorize a transfer of contract from Craig A. Smith and Associates to Nancy Phillips and Associates for the Community Development Block Grant and amend the contract to also pursue Federal EDA grant. Dale - we haven't stopped working together, she is just her own now. Bill - CAS will be pursuing other grant monies with project. Watford - don't have to have a separate advertisement? Bill - no, due to the nature of the contract we can transfer it. Watford - we have a contract with CAS? Bill - yes, Assignment of CDBG, amend to include Federal EDA. Council Member Watford moved that we amend our contract with Craiq A. Smith and Associates to include a Federal EDA Grant and to allow the assignment of the CDBG preparation to Nancv Phillips and Associates; seconded by Council Member Oliver. Additional discussion: Watford - this is somewhat difficult, don't have thoughts together as well as I should. When we began this project, and I think everyone will agree, it was done in a hurry, and I can understand that due to the time frames, etc, but each of us has had time to think through everything and my thought process, used many things enter into that, documents, so forth, a lot of it common sense, get a gut feeling, mine at this moment is not good, I think that all stems from rushing into it, have some real concerns and real questions that I haven't been able to get answered, talking with administrator and once we do this there is no backing out. I think for my comfort level I need some questions answered. Some of us went to grand opening of Sheffield's offices and still came away with questions, don't know if we should be concerned with these questions. Where is this money coming from that this company is offering to pay for us? It's a wonderful deal for the city, don't take this wrong. What does this company do? We went to a plant, thought it was their's, they were under purchasing it, if you don't have a plant, how do you get the money? Other grants, should we be concerned? tape 1 side b worse case scenario, they go bankrupt, should we care? • • Page -6- Kirk -my thought is not as long as we're not responsible, we'd come out of it with an industrial park, bridge, streets, water/sewer lines, as long as we're not obligated, get grant that says you must create jobs and doesn't and then what. Nancy - 2 funding sources CDBG and EDA have job creation requirements, terms of CDBG grant if Sheffield did not create number of jobs, the city could be assessed up to 50 penalty points on next application. In meetings with company they've talked 50 up to 150 jobs, but for application we are only taking minimum job number required, thatway if something happens, hopefully they will have created at lease the minimum which is 18 jobs. EDA, entire industrial park, jobs created from development and other developments, there have been situations in Florida, in actual construction phase and business could not be opened, EDA allowed grant to go on because you need the money now more than ever. Watford - so not monetary, but points. Nancy - politically they have not done it in the past, can't say they wont, to date, have not had any municipality to pay the grant money back. Bill - I think I should also state publically, recently involved in talks with Sheffield, very positive steps, all costs related to obtaining grant, they are willing to accept, land purchase talked to them about some of the Council's concerns that they wanted Sheffield to purchase the land rather than host fees, they indicated they would be willing to purchase it out right and still include host fees interpertuity. Attorney Cook working on any documents. Kirk - understand Watford's concerns, moving in an area that is newto us, be sure not to expose ourselves to economic harm. Cook - Sheffield has to commit to create a certain number of jobs, feel certain that if that were an issue, to indemnify the city from harm, and financial responsibility. Oliver - bonded enough to guarantee to back up all the things that say, how do you knowthey can afford to do all the things they say they can? Cook - that's Dowling's question, agree to purchase land, for the protections of the city can have a right of reversion should they default and save the city from financial responsibility, there are a many number of ways to protect the city. Kirk - nothing easy about this, I had a long conversation about this topic with a person, went off in different direction and I don't think I ever got that lady (and it was my wife) to understand what I'm saying and we finally reached a point to stop talking about it, as long as each step, we are guarding ourselves on the financial end, improvements still to the park and bridge. Watford - so that's okay? the end justifies the means. Kirk - with me it is. Watford - that's funny that you had a conversation with your wife because I had one with mine, let me tell you about the conversation with my wife, she asked what do they do? And I said I don't know, and she asked do they have any other plants? Page -7- And I said No, and she said and you are going to go into business with them and don't know? And then she said they aren't trying to sell you a bridge are they? And I said well as a matter of fact there is a bridge involved. Kirk - back to fact that if there is no financial responsibility on our part, we're okay, at least have improvements to the industrial park, guard ourselves, steps all the way through it and contracts signed, then I think it has to be a win. Bill - we are taking extreme precautions, want Council to know that the wetlands are a responsibility the City will have to bear and that will be a financial responsibility to the city. Oliver - I agree. Markham - as long as we're protected, go slow enough on contract part of it. Watford - I think the attorney mentioned lastfime on the bond situation, thought him to understand they have to provide financial information? Dale - just comment about wetlands, company is sincere they don't want to walkaway without doing something either, I'm not an engineer, process is permit able, as far as wetlands, we are looking into an innovation storm water system, be able to negotiate something, so far administrator has .... money in escrow. Watford - money in escrow? Bill - money in escrow but ear marked, Kirk - have to have confidence in people representing us, Bill, John, Dale, Nancy, different adventure for us, still looks like worse case we're going to get improvements. Watford - if you were a business person or banker and you were in this position how would you feel. Kirk - uncomfortable, I would have to have someone I relied on to give me advise to proceed, and that's were if we are going to do this we'll have to rely on them and burden of bill and john to protect us, don't know if process will work or not. Watford - engineers' have said it will work, economically feasible, doing land fill thing some were involved and we went to see a process, outstanding process but not economic feasible, now if the state of florida had let up on recycling, let up on that now, already starting to ban sludge and if that in fact happens this will probably be very economic feasible, do we are about that? Everybody says no we don't, we want it to work, but should we care? Kirk - someone came in today, just like Okeechobee, want to build you a bride and improve your industrial park, I'd say yes. If for some reason does not become developed we're still okay. Nancy - one other situation, part of CDBG things Sheffield has to do, state conduct site visit, 60 day requirement, have to make • 9 project whole, Sheffield will have had to put industrial revenue bond in place, and closed that will tell you they are ready, only if closed and points paid, burden put on them and they are well aware of that, that might help you with your discussion. Watford - but before they close the bond they are substantial fees that are going to have to be paid to get that far. Nancy - right and they have agreed to pay those fees, that basically will mean city will be billed and they will have to have money in escrow for the city. Watford - we don't want case to be doing work unless we can pay for it. Dale - many of these concerns, we've worked all over the state, we have a lot of these, every community has the same concerns, big responsibility your taking. Watford - most of the time when I vote against my gut feeling I regret it. Kirk - don't think we've answered everything for you. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. B. Assignment of Community Development Block Grant Preparation Contract - Dale Militia (Exhibit 4). Handled and action taken with above item. C. Discuss Alley and Street Closing Application No. 57. Applicant I.E. "Jim" Byrd, Northwest 14th Street (lying East of 9th Avenue and West of Lot 1, Block 6), Northwest 13th Street (between 8th and 9th Avenue), Northwest8th Avenue (lying North of the South line of Lot 1, Block 10, North to the 14th Street) and the East/West Alley in Block 7 - City Clerk (Exhibit 5). Watford - move that we approve application 57 for alley and street closings. Kirk - before you give a motion, I think Administrator has something he'd like to say first. Bill - as a way of enlightenment, asking for discussion, project involved with SFWMD, water rerouting water, prior to authorizing attorney to draft ordinance, prior to staff recommendation we need to have documents before making recommendations, Markham - OUA concerns? Did they approve it? Hound like they didnt'. ? - go ahead and do it and then get it, instruct attorney to start Page-9- Annoesijka Essex - OUA letter is approval with easement, we can ask him to draft another letter, Watford - move to approve application no 57 do necessary advertisement and ordinance; second by Markham Watford - all requirements have to be met, gets ball rolling then staff can proceed when everything is ready. KIRK yea CHANDLER yea MARKHAM yea OLIVER yea WATFORD yea Motion Carried. D. Cook added to agenda: Update on Brantley case. Cook - as the status report indicates went over to St. Lucie, and represented the City in the Appeal. Just this week issued order action, code board decision is up held, followed statute, City won. The lien appears to date to be a total of 277 x $138,500 lien, He now has 30 days to appeal to district court, west palm, process longer than one we went through, 6 to 9 month, fines accumulate during that time. Watford -good news for the city. Thanks for a good job. Adjournment - 7:03 by Kirk. CITY OF OKEECHOBEE OCTOBER 3, 2000 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 I. CALL TO ORDER - Mayor: October 3, 2000, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Pastor Neil Gunsalus; 0 Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member 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. PRESENTATION OF CERTIFICATE - Mayor. A. Present a Certificate of Retirement to Rehmund "Buck" Farrenkopf. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 19, 2000 Final Budget Hearing and Regular Meeting. OCTOBER S, 2000 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 757 closing the Alley in Block 23, South Okeechobee - City Attorney (Exhibit 1). • b) Vote on Motion. c) City Attorney to read proposed Ordinance No. 757 by title only. 2. a) Motion to adopt proposed Ordinance No. 757. b) Discussion. c) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 758, establishing a law enforcement trust fund- City Attorney (Exhibit 2). b) Vote on Motion. • c) City Attorney to read proposed Ordinance No. 758 by title only. 2. a) Motion to adopt proposed Ordinance No. 758. b) Discussion. c) Vote on motion. OCTOBER 3, 2000 - CITY COUNCIL AGENDA - PAGE 3 OF 3 VII. PUBLIC HEARING FOR FINAL ORDINANCE ADOPTION CONTINUED. C. 1. a) Motion to read by title only proposed Ordinance No. 759, regarding Enforcement of Nuisances within the Ci - City Attorney (Exhibit 3). b) Vote on motion. c) City Attorney to read proposed Ordinance No. 759 by title only. 2. a) Motion to adopt proposed Ordinance No. 759. 0 b) Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. NEW BUSINESS. A. Industrial Park Grant Update - Nancy Phillips/Dale Milita. B. Assignment of Community Development Block Grant Preparation Contract - Dale Milita (Exhibit 4). • C. Discuss Alley and Street Closing Application No. 57. Applicant I.E. "Jim" Byrd, Northwest 14' Street (lying East of 9t' Avenue and West of Lot 1, Block 6), Northwest 13t' Street (between 8t' and 9t' Avenue), Northwest 8t' Avenue (lying North of the South line of Lot 1, Block 10, North to the 14t' Street) and the East/West Alley in Block 7 - City Clerk (Exhibit 5). 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. City of Okeechobee Office of the City Clerk September 29, 2000 Mr. I.E. (Jim) Byrd Post Office Box 1284 Okeechobee, Florida 34973 Re: Alley and Street Closing Application No. 57 Dar Mr. Byrd: This letter is to advise you that your alley and street closing application has been processed through all city departments and will be forwarded to the City Council for consideration at their October 3, 2000 meeting. I have enclosed a copy of the agenda for you, please note you are new business item "C." The meeting begins at 6:00 p.m Should you or a representative not be able to attend this meeting, please contact me. With best regards, I am Sincerely, Bonnie S. Thomas, CIVIC City Clerk BST/Ig Enclosure cc: Annoesjka Essex, SFWMD 55 S E. Third Avenue • Okeechobee. Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 City of Okeechobee Office of the City Clerk September 29, 2000 Mr. Rehmund P. Farrenkopf 1025 Northwest 141st Street Okeechobee, Florida 34972 Dear Mr. Farrenkopf: The Mayor and City Council request the pleasure of your presence at the City Council meeting of Tuesday, October 3, 2000, for the purpose of recognizing your contribution to the City. The meeting begins at 6:00 p.m. and your presentation will be one of the first items on the agenda. Sincerely, Bonnie S. Thomas✓�, City Clerk/Personnel Administrator BST/Ig cc: Bill Veach, Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax. (863) 763-1686 NEW . . . A.74 O J �:.ai , r - 777. M-a Fit CP C7 e�14w e x o -/5, 4978 to Chu to 3.1 ,2000 t ,i Cn usi�icea6 us�%xec� lia tsexeant ' lipilGCl2•L�C,2!l.6e(l � bP,¢`� lie James E. Kirk, l Bonnie S. Thomas CMC Ci 40 < ORDINANCE NO. A EXHIBIT 1 OCT 3 AGENDA AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY'S OR ALLEYWAY'S LOCATED IN BLOCK 23, SOUTH OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 7, 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 23, SOUTH OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5 Page 7, Public Records of Okeechobee County, Florida; more particularly described as that alley running North to South between Lots 1 to 6 and 7 to 12, 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 be set for final public hearing the 3' day of October, 2000. and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 5t1' day of Sentember . 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 3rd day of October. 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: James E. Kirk, Mayor John R. Cook, City Attorney Page 1 of 1 i1063691 dill ao oo�- aoou i a: mmi: 0oamt � 1 OR' 6 S f t 6 5 4 3 2 t 4382789 tit 3 4 0 1 1 1 8 2 3 3 9 3 /`� 9 4 10 4 10 5 11 s 11 B 12 6 7 1 7 i B 2jj 8 2 9 3 9 3 10 4 10 4 t, 5 11 5 ,y 12 6 _ w 7 7 7 _ 8 2 8 2 _ 9 3 9 3 10 4 10 4 tt 5 tt 5 6 7 7 1 A 2 B 2 9 3 9 3 10 r 4 10 ^7 4 11 S 1t 5 6 12 6 c CT7AL 1 _ 2 3 -:i�- 4 i • EXHIBIT 2 OCT 3 AGENDA ORDINANCE NO. 758 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING AND ESTABLISHING A LAW ENFORCEMENT TRUST FUND FOR THE DEPOSIT OF FUNDS OBTAINED BY LAW ENFORCEMENT ARISING OUT OF ADMINISTRATIVE FEES COLLECTED BY VIRTUE OF RESOLUTION NO. 98-13, CITY OF OKEECHOBEE, FLORIDA; OR SUCH FUNDS OBTAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLORIDA STATUTE 932.701; SETTING FORTH PRIORITY OF DISPOSITION OF FUNDS; SETTING FORTH THE EXPENDITURES PERMITTED FROM SUCH FUND; SETTING FORTH THE PROCEDURES TO OBTAIN AUTHORITY TO EXPEND SUCH FUND; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Resolution No. 98-13 which resolution sets forth procedures and establishes administrative fees for the detention, handling; storing and processing of such motor vehicles or other conveyances that are found to have contraband in such vehicle or conveyance when detained by law enforcement; WHEREAS, the disposition of any such funds by the City of Okeechobee, Florida should be made in a uniform and prescribed manner in order to accurately account for the fund, and to permit expenditures similar to those as are permitted by the provision of Florida Statutes 932.701 et.seq. WHEREAS, it is also in the best interests of the City to establish by ordinance a law enforcement trust fund for the deposit of such fees, as well as to comply with the provisions of Florida Statute 932.701 in the event any fee or fund is additionally obtained by virtue of the forfeiture of any real or personal property as set forth in Florida Statute 932.7055; WHEREAS, the City of Okeechobee, Florida has the authority to enact such ordinance as necessary to carry out legislation as set forth in Florida Statutes, for the health, safety and welfare of its citizens; it is NOW, THEREFORE enacted by the City Council, City of Okeechobee, Florida, the following ordinance: Section 2-121. Establishment of Law Enforcement Trust Fund. (a) There is established for the City of Okeechobee, Florida a separate fund, entitled "Law Enforcement Special Fund" , which shall be administered through the Finance Department for the City of Okeechobee, and placed on deposit with such financial institution as may be authorized by the City from time to time. Page 1 of 3 0 i (b) The special fund shall be an account separate and apart from the General Fund or any other departmental fund within the City, and only funds obtained from law enforcement for the City of Okeechobee shall be deposited in said account, and specifically only those funds obtained by virtue of Resolution No. 98-13 which assesses administrative fees for the detention, handling, storing and processing of motor vehicles or other conveyances found to have contained contraband; or such fees as are obtained by virtue and as a result of a forfeiture of real or personal property as permitted by Florida Statutes 932.701 et.seq. The fund accounting shall be that normally used by the finance department using generally accepted accounting principles. The Finance department shall maintain separate ledgers and line -item accounting for deposits into the account for those deposits earmarked as recovered under the provisions of Resolution No. 98-13 and for deposits into the account earmarked as recovered under the provisions of Florida Statutes 932.701 et.seq. The accounting methods used shall be such as to enable the City to maintain and verify separate sources and balances in such account for both the administrative fees and receipts from forfeiture of real or personal property. Section 2-122. Permitted Use of Funds. (a) All funds and interest thereon as are deposited and accumulated in the Law Enforcement Special Fund from the proceeds from the forfeiture of real or personal property as authorized by Florida Statute 932.701 shall by used by the City of Okeechobee only for one or more of the following: School resource officer; crime prevention; safe neighborhood; drug abuse education and prevention programs; or for other law enforcement purposes, which include defraying the cost of protracted or complex investigations; providing additional equipment or expertise and providing matching funds to obtain Federal grants. (b) The fund, interest or proceeds thereof may not be used to meet normal operating expenses of the law enforcement agency. (c) All funds and interest thereon as are deposited and accumulated in the Law Enforcement Special Fund from the proceeds of any administrative fees collected under Resolution No. 98-13 may be used for any legitimate law enforcement purpose by the police department, except such may not be used to meet normal operating expenses of the law enforcement agency. Section 2-123. Donation of Certain Forfeiture Funds. (a) For deposits into the special fund that are earmarked as having been recovered by the City under the provisions and authority of Florida Statutes 932.701, the "Florida Contraband Forfeiture Act", (The "Act") in each fiscal year in which those deposit meet or exceed the sum of $15,000.00 for such fiscal year, the law enforcement agencies of the City of Okeechobee must donate no less than 15 percent of such fund for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program. (b) The City Police Department, City of Okeechobee shall have the discretion to determine which program(s) will receive these designated proceeds. Section 2-124. Procedure to Expend Funds. (a) There shall not be permitted the withdrawal or expenditure of proceeds obtained under the forfeiture provisions of Florida Statute 932.701 which are Page 2 of 3 • deposited into the special fund, except by the following procedure. (b) For those funds obtained via forfeiture of real or personal property as permitted under the Act, the Chief of Police, or his designee, Okeechobee, Florida, may by written request to the City Council, request an expenditure from the special fund, which request sets forth the expenditure, the cost thereof, and a written certification that the request complies with the requirements of Florida Statute 932.7055. For those funds obtained via the administrative fee authorized by Resolution NO. 98-13 the Chief of Police is authorized to expend up to the sum of $5,000.00 quarterly during the fiscal year without seeking further approval from the City Council, but the Chief or his designee shall comply with any purchasing/bidding requirements as may be in effect within the City at the time of such purchase, and use the funds only for those purposes permitted herein. Any expenditure in this section shall be reported to the Cit Administrator iwhtin ten (10) day os such expenditure. (c) Any required requests for expenditures shall be placed on the next available agenda for the City Council for consideration. The Council shall grant or deny the request based upon the criteria of this ordinance and Florida Statute 932.701 et.seq. and in its discretion, may require further and additional information, or procedure(s), including but not limited to requiring request for proposals, formal bidding, or other purchasing protocol in order to obtain the most value and quality available for the item(s) requested. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. Introduced on first reading and set for public hearing this 19' day of September , 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk Passed on second and final reading this 3rd day of October, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 3of3 The Okeechobee News NOTICE OF PUBLIC HEARING F.O. Box 639, Okeechobee, Florida 34973 CITY OF OKEECHOBEE, FLORIDA (863) 763-3134 PLEASE TAKE NOTICE that the Cary Council of the City of Okeechobee. Fon- da will on Tuesday October 3, 2000 at 6:00 p.rn or as soon Iherealter as pos- Published Daily Bible, at the City Hall Building located at 55 SE 3rd Ave. Okeechobee, FL conduct a PUBLIC HEARING on and thereafter consider final reading of the followin STATE OF FLORIDA Ordinance' No 758. AN ORDINANCE COUNTY OF OKEECHOBEE OFTHECITYOF AND ESTABLISEE,HING ING A DA ENACTING AND ESTABLISHING A Before the undersigned authority personally appeared Judy Kasten, who on oath LAW OW THE ENFORCEMENT OF FUNDS OB- says she is Publisher of the Okeechobee News, a DAILY Newspaper published in TAINED BY LAW ENFORCEMENT ARIS- ING OUT OF ADMINISTRATIVE FEES Okeechobee, in Okeechobee Count),, Florida, that the attached TCo�fadvertisemerll COLLECTED BY VIRTUE OF RESOLU- being a TION NO.98-13, CITY OF OKEECHO-t (} �� BEE, RFEIT R OR SUCH FUNDS OB-VV AlyJl ^ll� TAINED THROUGH THE PROCEDURES OF FORFEITURE AS SET OUT IN FLOR- IDA STATUTE 932.701, SETTING FORTH PRIORITY OF DISPOSITION OF in the matter of l FUNDS; SETTING FORTH THE EXPEW ��DITURES PERMITTED f SUCH FUND; FUND; SETTING FORTH THE PROCE- DURES U OBTAIN AUTHORITY TO OR in file 19th Judicial f4i' ict of the Circuit Court of Okeechobee Count Florida, was EX- PEND SUCH FUND: PROVIDING FOR Y� SEVERABILITY; PROVIDING AN EF• ublished in said News a er n the i ues of F DATE. P P �r��)� Allll mmemembers of the public are requested to attend and participate in said hearing. Said proposed Ordinance may be in- spected by members of the public in the Afffant further says that the staid Okeechobee News is a newspaper published at Office of the City Clerk located in the City Hall Building du ing regular busi. Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- ness hours Myon-Fri, Bain-4.30pm, ex - fore been published continuously in said Okeechobee County, Florida each week and has PLEASEhTAKE'NOTICE AND BE AD - been entered as second class mail matter at the post office in Okeechobee, in said peal that d any person by t to City p peal any decision made by the City con - Okeechobee County, Florida, for period of one year next preceding the first publication Councilwithhrespect g,anyma8er sled y P Y P g P sidered at this hearing, such interested of the attached co of advertisement, and affiant further says that she has neither aid person will need a record of the pro- pY Y P ceedings, and for such purpose may need nor promised any person, finn or corporation any discount, rebate, commission or refund proceedings iensuresis made. which h teeord of the proceedings is made. which record in - for t urpose of secunn this advertisement for publication in the said newspaper. which thetestimonyis o be based. In aqG which the appeal is to be based. J4� In accordance with the Americans with Disability Act (AOA) and Florida Statutes 286 26. persons with disabilities need- %`f % r 1 rag special accommodation to particr- Swern to ands scribed before me this O� day of pate in LNs proceeding should contact ,,�r �r Bonnie Thomas no later than two (2) A.D. 20v, Karmen R. Brown working days prior to the proceeding at a �' Commission # CC 902300 863-763-3372 z 215. it hearing or voice /?� impaired, call TOO 863-534- 777, or ��AD Ylu A�aLargeCExpires Jan. 17, 2004 Florida Relay Service 1-800-955-9770 Notary Public, State of FloaF�� Bonded Thru BONNIE S TIfOMAS. CMC. CCTV CLERK • ,u,Vq- Atlantic Bonding Co., Inc. 123523 - ON 9/22/00 • • EXHIBIT 3 OCT 3 AGENDA ORDINANCE NO. 759 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 611, AS AMENDED, HEALTH AND BEAUTIFICATION; CODE OF ORDINANCES SECTION 8-10 THEREOF; INCLUDING ENFORCEMENT PROCEDURES TO ABATE NUISANCE; REQUIRING LANDOWNER COMPLIANCE AND REMEDIES FOR FAILURE TO COMPLY; CREATING SPECIAL ASSESSMENTS; PROVIDING FOR RECORDING AND ENFORCEMENT OF LIEN; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida is charged with the responsibility to require landowners to maintain real property in an orderly manner to promote the aesthetic appeal of such property, and to prevent the existence of nuisances which affect the health and welfare of others within the City; WHEREAS, it has been shown that often such nuisances exist on real property owned by persons not residing in the area and are not available to correct the problems, or exist on real property owned by persons who do not diligently attempt to abate the nuisance; WHEREAS, it is the best interests of the City of Okeechobee that when a nuisance exists that prompt and expeditious means are available to the City to clean or abate the nuisance for the welfare of its citizens; NOW, THEREFORE, it is enacted by the City Council, City of Okeechobee, Florida, the following amendment to the Code of Ordinances, Article I. In General. Section 8-10. Public nuisances, with paragraphs (a-c) not affected by this amendment: ARTICLE I. IN GENERAL. Section. 8-10. Public nuisances. (d) If the owner, agent or person in custody of any property upon which such nuisance should exist, fail, neglect or refuse to comply with the direction of the Code Board within the time provided, and such is verified by the Code Enforcement Officer, and the Code Officer confirms that the person responsible was noticed of the Board action by certified mail, the Code Officer is empowered to authorize the property to be cleaned and the nuisance abated by his own agents or authorized contractors. Prior to commencing such abatement, the Code Officer shall obtain a reasonable estimate for such abatement and present same to the City Administrator for approval. If in the opinion of the City Administrator the cost of abatement exceeds the reasonable value of the property or is otherwise not warranted, then enforcement of the order of the Code Board may proceed via other available alternatives under law. If abatement is approved, the Code Officer, his agents or contractors are authorized to enter upon such property and take whatever remedial measures are necessary to abate the nuisance to comply with the order of the Code Page 1 of 3 Board, and to protect the health, welfare and safety of the citizens of the City of Okeechobee. Notwithstanding this procedure, in the event the City Administrator should determine that the nuisance is in the nature on emergency or of such an immediate danger or risk to the public as to imminently affect the public health, safety or welfare of the general public, then the City may enter upon such property at any time to take whatever remedial action as is deemed reasonable and necessary to abate the nuisance to assure the public health and safety. In such instance, the City shall attempt all reasonable means to give the landowner, agent or person in custody of the property advance notice of the proposed actions of the City, although failure to achieve actual notice shall not prevent such abatement. (e) All costs incurred hereunder for the abatement of the nuisance, including administrative code enforcement expenses; labor, equipment and material expenses; and any costs reasonably related to the abatement shall be the responsibility of the landowner. The total costs as calculated by the Code Enforcement Officer shall be included in a resolution presented to the City Council, who shall levy a special assessment lien against such lot. Such resolution shall describe the landowner, parcel number, legal description of parcel or lot, and provide the total cost assessed. Until payment is made in full, such assessment shall be a legal valid and binding obligation and lien upon the property. The assessment shall become due and payable to the City as of the date of mailing a copy of the resolution by certified mail by the Code Enforcement Officer. Thirty (30) days after mailing, interest shall commence to accrue on the assessment at the rate of 12 percent per annum on any unpaid portion thereof. (f) As soon as possible after the assessment has been levied, a certified copy of the resolution shall be recorded in the official records of the Clerk of Court, Okeechobee County, Florida. The lien shall become effective as of the date of filing such copy with the clerk of the circuit court. (g) The property lien created under the provisions of this Article, together with interest thereon, may be enforced by civil action, including foreclosure in the appropriate court in the County. The liens created by this Article shall be a first lien equal in dignity and priority to a lien for nonpayment of property taxes, on any property against which an assessment of costs to abate the nuisance has been filed, and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure. (h) Notwithstanding the procedures available to the City by this Article, the City retains the right and ability to proceed against the lot or parcel for abatement of nuisance by Chapter 60, Florida Statutes, or any other applicable provision of Florida Laws. CONFLICTS. Should any provision herein be deemed unenforceable or invalid for any reason, the remaining unaffected portions thereof shall remain in full force and effect. SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Page 2 of 3 • • EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage INTRODUCED on first reading and set for public hearing this 19t' day of September, 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED on second and final reading this 3ra day of October , 2000. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor James E. Kirk, Mayor Page 3 of 3 ! / 3 rn"a The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 • (863) 763-3134 Published Daily STATE OF FLOWDA COUNTY OF OKEECHOBEE? Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published in Okeechobee, in Okeechobee County, Florida, that the att andcopy of advertisement, being a Ln b ' � n s `I in the matter of 0 'L in the 19th Judicial i trio of the Circuit Court of Okeechobee County, Florida, was published in said Newspaper in tt sues o T C» / cc, Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has hereto- fore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this -(,addv rtisement for publication in the said newspaper. Swor> tq`nd subscribed- efore me this r c? day of1�1�1C- A. D 2��: Karmen R. Brown Commission # QC 902300 '--�lQ= Expires Jan. 17, 2004 Notary Public, State of Florida at large Bonded Thru Fv,,�` Atlantic Bonding Co. Inc. NOTICE OF PUBIC HUMS CITY OF OKEECHOBEE, FLOW PLEASE TAKE NOlt6E that the CBy Council of the City of Okeechobee, Flod. da will on Tuesday, October 3, 2000 al 6:00 p.m., or as soon thereafter as pos- sible, at the City Hag BuOdinp located al 55 SE 3id Ave, Okeechobee. FL conduct a PUBLIC HEARING on and Iher . consider final reading of the �p Ordinance: No. 759: Ml BNONAMAMW All members of the pubic are requested to allend and participate in said bearing. Said proposed Ordinance may be in- speCled by members of Ow pudic 4 the ONice of the CKy Clerk located in Ow City Hall Building during regular birsi- ness hours, Mon -Fri, 8am-/:30pm, ex- cept for holidays PLEASE TAKE NOTICE AND BE AD. VISED that it any person desires to ap- peal any decism madeeby the City Council with respect to any Imager con- sidered at this hearing, such Interested person wig need a record of pre pro- ceedings. and for such purpose may need to ensure a verballm record of tie proceedings is made, which record kr- eludes the testimony wnd evMmiee agar which the appeal is to be based. In accordance with the Americana wBh Disab7dy Act (ADA) and Florida Staines 286.26. persons with disabWft need. IN special accOROXXIntion 10 paAid- pate in this proceeding sh" contacl onnie Thomas no later than two (2) waking -37 pnor lothe proceedkq at 863-761ar '215;Nhewingavoice impaired. call TOO 863.534.7777, or Florida Relay Service 1.800.%5.9770, BONNIE S. THOMAS. CMC. CITY CLERK 123536 - ON 9/22/00 Sep 29 00 09:32a 11 CP'S - D Milita (SG1-924-7702 EXHIBIT 4 OCT 3 AGENDA September 26, 2000 Mr. William Veach, City Administrator City of Okeechobee 55 SE Park Street Okeechobee, Florida 34974 RE: CDBG CONTRACT Dear Mr. Veach: J CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS . PLANNERS • SURVEYORS • GRANT SPECIALISTS On June 6, 2000 the City of Okeechobee entered into a contractual arrangement with Craig A. Smith & Associates for the FY 2000 CDBG Grant Preparation Services for the preparation :)f an Economic Development grant application. In this contact the terms for assignment are stated in Article 10 -Assignment - "This contract may not be assigned or transferred without written consent from the City Council." As you are aware, there is another contact between the City of Okeechobee and Craig A. Smith & Associates to provide Legislative or Governmental Affairs Representation, including other appropriate grant services. CDBG is expressly excluded in this contract. It is our intention to continue to provide you with grant and other special consulting services that are authorized in the Governmental Affairs contract. Between the time of our initial CDBG contract and now, Ms. Nancy Phillips has formed the Company of Nancy Phillips & .Associates. We still work closely with Ms. Phillips and will continue to do so as we are with Your Business Park project. In order to make the contractual arrangement a more simple and cleaner situation Craig A. Smith & .Associates requests that the City Council authorize assignment of the CDBG Contract and all terms to Nancy Phillips and Associates, L.C. of 7408 Edisto Drive, Take Worth, Florida 33467. If this is acceptable to the City, please respond in order that we may complete the process. Thank you for your consideration in this matter. Sincerely, CRAIG A. SMI'I'II[ & ASSOCIATES M. Dale Milita 'Dice President 242 Royal Palen Beach Boulevard, Royal Palm Beads, Florida 33411 TEL: (561) 791-9280 FAX: (561) 791-9818 Sep 29 00 09:32a • CAS - D Milita : 561-924-7702 p•3_ CRAIG A. SMITH & ASSOCIATES M. Dale Milita 36910 3'd St. Boa 35 Canal Point, Fl 33438 Tel: (954) 782-8222 Fax: (954) 786-8927 Voice Mail Beeper. Canal Point oftise: 11-977-475-6094 (561)924-7702 FAX - FAX - FAX - FAX TO: Ms. Lane Camiota, Deputy City Clerk City of Okeechobee FROM: M. Dale Milita DATE: September 29, 2000 Number of Pages, including cover page: 2 Lane, Enclosed is the letter that Mr. Veach spoke to you about yesterday. Please call me at (561) 924-7702 if you need additional information or if there are any problems in getting this on the agenda portion of the "Grants Up -Date" for Tuesday. Tf you need the clean "hard copy",1 can drive it up today, just call if you need this. Thanks, • CITY OF OKEECHOBE • STREET OR ALLEY CLOSING APPLICATION ExHIBIT 5 OCT 3 AGENDA Please type or print: ]� APPLICATION NO. 11571 NAM:.E OFAP.PLICAN 7 I.E. (Jim) Byrd MA LING::AL I RES PO Box 1284 - 1202 NW 8th Avemp r "CITY- TAT -.21P Okeechobee, FL 34972 1 PWQN , 863- 763-5600 GU -APPLICANT 1 MAILING AC 0P65-SS 1 CITY�STi4TE-ZIP f P , OAtE..:: NiL7TE Attached additional shoots if i»are Chain: two - e. owner* .. are involved with the same. if►format do as required above: If property owner does 11ot'want to sign applicatiati then. A. letter stating their co"sent MUST be attached. LEGAL DESCRIPTION NOTE, Upon closings streetiplloy in tna CITY OF OKEECHQ0EE or FIRST anblTtQN OF CITY QF OKEECHOBEE subdivision's thore may be a fee Simple Intereot from the Hamrick Trust. Form more OF STREEVALLEY: Information contact Oil Culbreth 3550 US Hwy_.441 S, Okee, Ft 34974, 763-3154. See attached PURPOSE OF CLOSING The SFWMD will be constructing a retention and on the STREPT]A�LEY _ ., 9 P Byrd property and will also place a permanent conservation easement on the retention pond. The abandonment of the alleys and streets will resolve ownership discrepancies and allow the SFWMD to move forward with the conservation easement. SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: The foregoing instrument was acknowledged before me this 1Q`-1A ria,,4 of S�,Df. by �d and , w Is personally know to me or (applicant) {co -applicant) who produced as identification and who did (did not) take oath. ckup- o) M �-4 -Q�•L Notary Public, Commission No. i/ ✓ (signature) �RRY A& 0FFICIAs TARV . 1<, ANNOE� kT'11T l �Sse,/ (Name of Notary typed, printed or stamped) �7 00 9tiON NUMBS CC734647 OF F1 Coo MY powAves- l .". 1kAPR. 10.2002 •. �..;� • ; :•; ' 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT OKEECHOBEE SERVICE CENTER 205 North Parrott Avenue, Suite 201, Okeechobee, FL 34972-2916 Mailing Address: P.O Box 2033, Okeechobee, FL 34973-2033 (863) 462-5260 • FL WATS 1-800-250-4200 • Suncom 761-5260 • Fax (863) 462-5269 • www.sfwmd.gov/organ/2_servicectr.litmi September 12, 2000 City of Okeechobee 55 SE 3`d Avenue Okeechobee, FI 34974 To whom it may concern: Subject: Closing of Streets and Alley Please find enclosed the complete application for "Street or Alley Closing". The application includes the following: 1) Completed application form with legal description 2) Property deed 3) Recorded Plat 4) Consent signatures from: a. FPL b. Sprint -Florida c. Adelphia Cable d. OUA (attached letter) e. Hamrick Estate 5) Letter regarding future easements 6) Letter from OUA (consent with exception) 7) $25 application fee Please do not hesitate to call me at 1-800-250-4200 extension 3009. Sincerely, r Annoesjka Essex Environmental Analyst Okeechobee Service Center GOVERNING BOARD EXECUTIVE OFFICE SERVICE CENTER Michael Collins, Chairman Vera M. Carter Nicolas J Gutierrez, Jr. Frank R. Finch, P E., Execntiae Director John Morgan, Director Michael D Minton, Vice Chairnaai Gerardo B. Fernandez Harkley R. Thornton James E. Blount, Chie(n(Staff Mitchell W Berger Patrick J Gleason Trudi K. Williams DISTRICT HEADQUARTERS. 3301 Gun Club Road, PO Box 24680, West Palm Beach, FL 33416-4680 • (561) 686-8800 • FL WATS 1-800-432-2045 . • • Critical Restoration Project Byrd Property Exhibit "A" All that part of North 14`' Street lying East of West 9' Avenue and West of the West line of Lot 1, Block 6 if said line was projected Northerly. TOGETHER WITH: All of the alleyway lying within Block 7. TOGETHER WITH: All that part of North 13' Street lying West of West 8' Avenue and East of West 9' Avenue. TOGETHER WITH: All that part of West 8' Avenue lying North of the South line of Lot 1, Block 10 if said line was projected Easterly and South of North 14'h Street. All located within and according to the Plat of Okeechobee in Section 16, Township 37 South, Range 35 East as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. Containing 2.3 acres, more or less. R:\Legals\Critical Restoration Project\Byrd-3.1g1 June 2, 2000 1.6 11!'0 24 IAVO632 Docianentay Stamm paid In the amOUnt of O C!ass (. h;w i )$o Tax paid in tIA amount THIS INSTRUMENT PREPARED BY of $ ,i3.. AND RETURN TO Sharon Robertson, Clerk of Circuit Court Vincent A. Sica, Esq. BROWN, WALDRON & CARLTON OkeE =L-A-, Ctx}nly 124 North Breverd Avenue By ` D.C. Arcadia, FL 34268 (941) 494-4323--?�--- Grantee: I. E. Byrd PARCEL NUMBER: S.S.: 463-66-0674 3-ICj— 3`1 -3`5 —Oo QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this I I t -day of 1999, by JEANEE E. BYRD, a married woman, whose mailing address is 313 W. Poinsetta St., Lakeland, Florida, a married woman, party of the first part, and I. E. BYRD, a married man, whose mailing address is 4775 SE Brown Rd., Arcadia, Florida, party of the second part, WITNESSETH, that the said first party, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Okeechobee, State of Florida, to -wit: Lots 1 to 12 inclusive of Block 7, and Lots 1 to 6 inclusive of Block 10, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, said plat being also recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. ALSO: A strip of land 150 feet wide lying between the North half of Blocks 40, 27, 22, 11 and 6 on the East and Tuscalossa Street on the West according to the plat of the Town of Okeechobee recorded in Plat Book 2, Page 17, Public Records of St. Lucie County, Florida, a copy of said plat being also recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, said plat being also recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. SUBJECT to restrictions, reservations and easements of record, if any. THIS INSTRUMENT WAS PREPARED FROM UNVERIFIED INFORMATION. NO EXAMINATION OF THE TITLE WAS REQUESTED OR MADE, AND THE SCRIVENER ASSUMES NO RESPONSIBILITY FOR TITLE OR DESCRIPTION ERRORS. y • 0 'B"K 0424 PAUL0633 THIS CONVEYANCE IS BEING MADE PURSUANT TO A FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE IN CASE NO. 93-524-CA, NINETEENTH JUDICIAL CIRCUIT COURT, IN AND FOR OKEECHOBEE COUNTY, FLORIDA. TO HAVE AND TO HOLD the same together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, his heirs and assigns forever. IN WITNESS WHEREOF, the said first party has signed and seated these presents the day and year first above written. Signed{ sealed and delivered in thelbrosience of./1 Witness F An-Annn4 vVitness *JN VYR EE E' L.S. STATE OF FLORIDA: COUNTY OF " otK The foregoing instrument was acknowledged before me this �_ day of 19J9, by JEANEE E. BYRD, who is personally known to me or who has roduced nAa IruSUM as identification. MY OMMISSIM 1 Cc 736297 � EXPRES:4424.2= Notary ublic, lm�l,,.0 raw nay v+e«.•r. , State of Florida at Large Commission # My commission expires: V 324615 99JLQ125 AH11:2.3 ROBERTSON CLE0. OF CIRCUIT COURT .:SFy I'"��i?; I.^.:yC. tv:%.t•:s:.itt";1 H •.�� Page 2 APPLI.CATION N0'. �I IiVS 2UGTlE7lVS .: t7eliv c'th s appf cation. to the .following utility companies for their comments, i# mttsfb&siipned: and dated with a phone number to contact each person. Florida power. Eight JAB. Berle, :0e679rier 941467: 4 21 _KU-thorized Signature Typed Name & Title Op.. nt : laritNa0.n+c.. 899 �f W : 6tF : Street Okeechobee; F.L 34971Z J 941. Is 11*84 or I 94145e3185� .. �u�thoed Signature Typed Name & Title : 1 Adelphiia Cable 1'hom.as L: Mayes: tQ7. :N Y.th Ave 0k.0chobee; FL.34972 941 �763�2167 Authorized SignatuW Typed Name & Title 6k6 000004.t lity Auttiot.ty r (} 'IOt1�.SW�:_Seh:Avi?nu@ I S+L�_ c►�Ck�'�'�C:� �_KR�'�.�h 3 Okeeohrsbee . FL 34974 941«76344. 60 I Authorized Signature Typed Name & Title 063 - 4/6 2- 37z/ l 0 - &- Phone No. Date Phone No. Phone No. Phone No. 6 Date Date Re..uired Only For City of Okeechobee & First Addition to City of Okeechobe Subdivisions: H�mrick ...:.......E. , 'stato I T,�� ,�-f q.��; c C T2. wsT o �..,.,,., s ?'ffc �'�� "7 ► -t-I � rxo':rrustee 641-16"364 Te•c 8,1-3 7433/r�4 7-/-00 Authorized Signature Typed Name & Title Phone No. Date Revised 6111199 • is OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 June 15, 2000 South Florida Water Manaven,ent Digtrict P. O. Box 2033 Okeechobee, FL 34973-2033 Re: Byrd Property Dear Sir or Madam: (863) 763-9460 FAX. (863) 763-9036 RECEIVED JUN 2 0 2000 OKEECHOBEE SERVICE CENTER We have reviewed the request to abandon a portion of NW 141h Street east of NW 9`h Avenue for the purpose of constructing a retention pond and we submit the following: The Okeechobee Utility Authority (OUA) has a 10-inch water main within the right-of-way of NW 14`h Street from NW 7`i' Avenue to NW 91h Avenue. An easement must be provided to OUA for the water line if the right-of-way is abandoned. The location of the proposed pond must be relocated away from the existing water line. No sewer lines are currently located in the right-of-way of NW 14`i' Street between NW 7`h Avenue and NW 91h Avenue. The existing water line can be located if you need an exact location of the line within the right-of-way of NW 141h Street. Please let me know if you need any additional information. Sincerely, C Landon C. Fortner, Jr. Executive Director, OUA Z.a. September 12, 2000 City of Okeechobee 55 SE P Avenue Okeechobee, F134974 To whom it may concern: Once the subject Streets and alleys have been closed, there will be several easements that will be placed on the property. 1) To comply with the requests of the OUA, a 20' easement will be granted along what is now 14t' street to allow access to the 10" water main that runs through the property. 2) An easement will be provided to the City of Okeechobee for maintenance of an underground drainage culvert that will be installed as part of a project with the South Florida Water Management District. At the request of Bill Veach, City Administrator, Dennis Hortan of Lawson, Noble & Webb, Inc., has reviewed the preliminary plans for this underground culvert. He will also review the final plans. Once the final location of the culvert is determined, Mr. Byrd will provide an easement to the city. • Page 3 APPLICATION NO. �I'�►� INSTRUCTIONS: After Pages 1 and 2 are completed by applicant. Return entire application to the City Clerk's Office. The $25,00 application fee is then paid. THE CLERK'S OFFICE WILL HAVE THE FOLLOWING DEPARTMENT SIGN OFF BELOW: No obrieebions or comTpentR _ PUBLIC WORKS DEPARTMENT 9/25/00 Authorized Signature Date Donnie Robertson, Public Works nirertnr Typed Name & Title INo objections or comments. POLICE DEPARTMENT 9/25/99 �thorized Signature Date DennyyDavis, Chief of PoliiQ_e Typed Name & Title No objections or comment,G. FIRE I DEPARTMENT I f 9/25/00 Authorized Date Keith Tomey, Fire Chief Typed Name & Title APPLICATION APPROVED BY: a ONNIE S. THOMAS, CITY CLERK IJATE Subject Streets and Alley Surrounding Closed Streets Surrounding Closed Alley's Indian River Community College 3 C�) �I HRS Building — 1OT9-181 7 1815141312' 11 43421140i91 20211724 4 i14�t 5i1611 Ti18I1 11 NV 9 IS �716151413121 1� +13I1 ,11I109 �JJ�20121 2 t4�214r 5!161111II 1W 01 i� 8 7 81514131211 11 i13I1 ,11�109 Il�lll 20 21 ' i14i15i1811 1t N 98 7 654321 'f3�1I11I1QIf 7I18I 9' 20121I2I 2� ,Y T61 �f 415� i1811 i1 ++ NW 1'4TH 9 8.7 6 5 4 3 2 1 h3h2�11h0I' 6 21�J4+ h I� NW 4 r` ! `L NW 11` NW LOTH ST (100' 00' R\W FOR RAILROAD NW 8TH ST (70') i NW 8TH ST • • �y o OF , o/�F G y r�' m T pm' �S°*19154° MEMORANDUM Office of the City Clerk/( eroonnel Administrator To: Mayor and Council Members From: Bonnie S. Thomas, City Clerk/ - Subject: Alley and Street Closing Application No. 57 Date: September 29, 2000 Just as a reminder, should Council decide to proceed with processing the application, a motion would be in order instructing Attorney Cook to draft an ordinance vacatina the alley and present it at th next reaular meeting for first reading (October 17, 2000). My office will contact the applicant advising them to pay the $175.00 fee. After the first reading, the surrounding property owners are notified by certified mail and then a final public hearing is held. Should you require any additional information please contact me. Thank you ID CT. , ZIa0Fr 2' 16PM �LPWS0N, NrBLE_kWEBE INC. - - - N��.1=�' P.1.-1 • To: Bill Veach, City Administrator From: Dennis Horton CC: Robert Lawson, Libbey Webb, Rob McSoriey Date: October 3, 2000 Re: Street Closing Application # 57 At this time we recommend that no action to approve this application be taken. The city needs to receive a new set of construction plans to review to insure that all of the city's concerns with drainage, right - of - ways, easements and any impact to adjacent property owners have been loomed at and addressed. Should you have any questions please feel free to call. I:IDab1400-499\B42000CS 20WMemC for dry admire. 14-"O.do ; v 40, CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: September 29, 2000 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. DEPARTMENT ADMINISTRATION SYNOPSIS 1. City Hall Park - Construction progresses. A completion date in early November is anticipated. 2. Industrial Park/Sheffield Environmental - Wetland submittals are being prepared by consultants. Additionally, CDBG Economic Development Grant and Federal EDA grants are being prepared. The City Administrator has entered discussions with the County for possible financial help with regard to bridge and/or road construction. Sheffield Environmental Services has begun the application process for Industrial Revenue Bonds. 3. Change in trash collection billing - We are exploring the possibility of putting City residents and business trash collection billing on the tax bills. Talks may be initiated with the County following this fall's elections. 1 DEPARTMENT SYNOPSIS ADMINISTRATION CONTINUED 4. FYCC & Eckerd Youth Foundation - Both are working with the city to help uptown 8v weed medians. 5. Police Station - Discussions and plan finalizations are underway with the contractor. 6. Hard Bodies Gym - City employees and spouses are getting a discounted membership rate of $15/month. 7. Cleaning Service - The City has a cleaning service working in City Hall and the Police/Fire Department on a temporary basis. An RFP is being prepared to solicit bids for a full-time arrangement. 8. Open Position - Administrative Secretary Julie Smith is leaving the City's employment. The position is being advertised and will be filled in a timely manner. CITY CLERK 1. Code Enforcement Board - The City has an opening on the Code Enforcement Board. If you know anyone who is interested, please have them stop by the Clerk's office to pickup an application. 2. Police Officer Positions - Both positions have been filled. Victoria Williams started September 22nd, and the second officer, William Hill, will start October lsc 2 • u DEPARTMENT SYNOPSIS BOARD OF The Board of Adjustment met September 26". The following ADJUSTMENT was considered and passed: 1. A variance to keep a tree from being removed. 2. A special exception for a car lot to be located at 1120 W N Park Street. CODE The Code Enforcement Board will meet on October 10'. The ENFORCEMENT agenda has not been set. POLICE 1. The Police Department is requesting the DOT paint lines distinguishing the second turn lane at Wal-Mart. 2. New uniforms are in. PUBLIC WORKS Street Improvements - The pre -construction meeting with Better Roads is scheduled for September 25t''. Construction should begin soon thereafter. 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. 3 • DEPARTMENT SYNOPSIS OUTSTANDING 2. Adelphia Cable TV Franchise Agreement Renewal. - A ISSUES - CITY proposed franchise agreement is under review by the ATTORNEY- City Attorney. A meeting is scheduled for September CONTINUED 26th. 3. Referendum for Tax Abatement for Economic Development For November ballot. 4. Waste Management regarding proposed changes in the Solid Waste Franchise Agreement - A meeting with the City Administrator, Attorney Cook and Jeff Sabin is planned. 5. Fire Hydrant Issue with the OUA - A meeting was held on September 12th at 7 p.m. at the OUA office. OUA indicated they would provide us with future planning maps so the City Could determine future impact. 6. Grit Bankruptcy case - Legal action regarding GRIT and Bankruptcy Court is being pursued. We have obtained the services of a bankruptcy attorney. 7. Marvin Brantley - John Cook will argue the Brantley case on September 29th. The Court should make a decision within 1 to 3 weeks following the hearing. OUTSTANDING 1. Updating required insurance programs, ie: safety, blood ISSUES born pathogens, drug -free workplace (Chief Tomey 8v Safety Committee) - Implementation of drug -free workplace & safety policies is currently underway. Training of department heads and most of the City Staff has been completed. 4 DEPARTMENT SYNOPSIS OUTSTANDING 2. Modernize Code Enforcement Policies and Procedures ISSUES - (Chief Tomey & Attorney Cook) CONTINUED 3. Enhanced 911 (City and County Staff) Lone -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. 61