2001-04-17 Regular140
CITY OF OKEECHOBEE
APRIL 17, 2001 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
CALL TO ORDER - Mayor:
April 17, 2001, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor Scott Seidler;
. 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 Robert Oliver
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R, Cook
City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim April 29 through May 5, 2001 as "Municipal Clerk's Week."
PAGE 1 OF 14
Mayor Kirk called the April 17, 2001 Regular City Council Meeting to order at 6:00 p.m.
Pastor Seidler 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 read the following proclamation in its entirety: "WHEREAS, the Office of the Municipal Clerk, a time
honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the
Municipal Clerk is the oldest among public servants; and WHEREAS, the Office ofthe Municipal Clerkprovides
the professional link between the citizens, the local governing bodies and agencies of government at other
levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,
rendering equal service to all, and WHEREAS, the Municipal Clerk serves as the information center on
functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve
the administration of the affairs of the Office of the Municipal Clerk through participation in education
programs, seminars, workshops and the annual meetings of their state, province, county and international
professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of
APRIL 17, 2001 - REGULAR MEETING - PAGE 2 OF 14
141
IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED.
A. "Municipal Clerk's Week" Proclamation continued.
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the April 3, 2001 Regular Meeting.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2001 Warrant Register:
General Fund .......................... $1,072,932.52
Emergency and Disaster Relief Fund ......... $193,556.47
Public Facility Improvement Fund ............ $19, 657.00
the Office of the Municipal Clerk. NOW THEREFORE, I, James E. Kirk, by the virtue of the authority vested in
me as Mayorof the City of Okeechobee, Florida, do hereby proclaim April 29 through May 5, 2001 as `Municipal
Clerks Week'."
The Proclamation was presented to Clerk Thomas who briefly addressed the Council thanking them for the
proclamation and further stating that she also wanted to thank Lane, her Deputy Clerk for all the hard work that she
does. She makes my job easier and in essence she is my right arm. Also, we recognize the upcoming Secretary's Day
for the secretaries at City Hall including: Lane Gamiotea, Robin Brock, Carolyn Arnold, Bea Castorina, Lydia Jean
Williams, Donna Reynolds, and Terisa Suarez. The Clerk also expressed appreciation to City Finance Coordinator
Lola Parker stating that they are all unsung hero's and I want to compliment them for the finejob they all do for the City.
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
April 3, 2001 Regular Meeting; seconded by Council Member Oliver. There was no discussion regarding this item.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Watford moved to approve the March 2001 Warrant Register in the amounts: General Fund one
million, seventy-two thousand, nine hundred thirty-two dollars and fifty-two cents ($1,072,932.52), Emergency and
Disaster Relief Fund one hundred ninety-three thousand, five hundred fifty-six dollars and forty-seven cents
($193,556.47), and Public Facility Fund nineteen thousand, six hundred fifty-seven dollars ($19, 657.00); seconded
by Council Member Oliver.
Council Member Watford questioned the draws from the contractor regarding the police department building
construction and whether the City's engineer was signing off on those and that the big expenditures for General Fund
was the police car leasing program? Administrator Veach responded yes, the draws are based on percentage of work
completed and the City's engineer is signing off on those approvals. The pay off on last years police cars and the
purchase of this years police years was a seven hundred fifty thousand dollar ($750,000.00) expenditure.
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APRIL 17, 2001 - REGULAR MEETING - PAGE 3 OF 14
VI. WARRANT REGISTER CONTINUED.
A. Motion to approve the March 2001 Warrant Register continued. VOTE
KIRK - YEA
CHANDLER -YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
VII. AGENDA - Mayor.
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 item's on today's agenda.
agenda. I There were none.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III Mayor Kirk opened the public hearing for ordinance adoption at 6:09 p.m.
A.1. a) Motion to read by title only, proposed Ordinance No. 768 amending Council Member Oliver moved to read by title only, proposed Ordinance No. 768 amending the City of Okeechobee
the City of Okeechobee and Okeechobee Utility Authority and Okeechobee Utility Authority Employees' Retirement System; seconded by Council Member Watford.
Employees' Retirement System - City Attorney (Exhibit 1).
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. 768 by title only. Attorney Cook read proposed Ordinance No. 768 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY AUTHORITY
EMPLOYEES' RETIREMENT SYSTEM, ADOPTED PURSUANT TO ORDINANCE NO. 714; PROVIDING FOR
CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
11 DATE."
APRIL 17, 2001 - REGULAR MEETING - PAGE 4 OF 14
143
Vill. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
A. 2.a) Motion to adopt proposed Ordinance No. 768.
b) Public comments.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor p.m.
DC NEW BUSINESS.
A. Motion to approve Community Development Block Grant
Participating Party Agreement - City Attorney (Exhibit 2).
Council Member Oliver moved to adopt proposed Ordinance No. 768; seconded by Council Member Williams.
Mayor Kirk asked whether there were any questions or comments from the public regarding the motion to adopt the
proposed ordinance. There were none. Mayor Kirk then broughtto the discussion before the Council. Council Member
Watford noted that the proposed ordinance was prepared by the pension attorney and it is legal to adopt this ordinance
allowing the City Administrator and Utility Authority Executive Director to opt out of the General Employees' Pension
Fund.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mayor Kirk closed the Public Hearing at 6:11 p.m.
Council Member Watford moved to approve Community Development Block Grant Participating Party Agreement;
seconded by Council Member Oliver.
Council Member Oliver asked Attorney Cook to explain what the two extra pages of changes were that was distributed
prior to the meeting. Attorney Cook began by giving a summary of the document, it originated with the Department of
Community Affairs (DCA) as part of the grant process and they have certain requirements they have in their agreement.
You will note in this agreement that DCA can actually step in the place of the City and enforce certain things against
Sheffield in the event the City did not. In addition to the DCA requirements City Staff included some particular
requirements that we wanted to address, those are requirements for insurance, to maintain an environmentto prevent
pollution, host fees, act of default, revenues on default, a bond to ensure performance, etc. There was a question about
termination, page eleven, paragraph number twenty addresses this but it was not real clear since this agreement has
basically two functions. One for the CDBG grant and the other for our purposes that have different time periods. Nancy
Phillips tells me that the grant requirement period is typically two years with some extensions, if necessary. Obviously
the requirements the City wanted as far as host fees and insuring the safe operation of the facility is something we did
not want to terminate because we want those things to continue.
144 APRIL 17, 2001 - REGULAR MEETING -PAGE 5 of 14
IX. NEW BUSINESS CONTINUED.
The additional paragraph number twenty-six explains there are two separate time periods we are dealing with, in that
A. Motion to approve Community Development Block Grant the particular requirements of the City will survive after the end of Sheffield's involvement with DCA and the grantfunds.
Participating Party Agreement continued. Paragraph number twenty-seven is simply an oversight, it is standard in all these contracts, in the eventthere is litigation
or a dispute concerning this contract the prevailing parties are entitled to attorney fees.
An additional change that was made from an earlier draft, at the request of Sheffield, on the front page, an effective date,
they just wanted to ensure that their performance was conditioned upon the three grants being awarded. In other words
if the grants did not get awarded, we are not proceeding. This is still conditional. We have one grant that had been
awarded, one we are reapplying for and one that should be in place shortly.
The following questions and notation were given by Council Member Watford:
Page two, paragraph two (A), "these jobs shall be created no later than the termination date of this agreement." That
termination dated will be the grant termination date? Attorney Cook confirmed that was correct.
Page five, first paragraph, "if the jobs are not created." The project should create eighteen full-time jobs and if it does
not, the amount is paid to the City. Attorney Cook explained, that wording was directly out of the DCA draft, it is a
requirementthey have and it refers to payment after termination of the CDBG agreement between the City and the DCA.
If Sheffield did not comply with that, then DCA would step in and take some action.
Page six, paragraph five, just as a note, this is the price per acre and whole price, the City will bear the expense of the
document stamps and title insurance. Continuing in that same paragraph, last sentence, `The closing shall occur within
the time frame ..... 60 days from notice of grant funding by the State of Florida. "What happens if Sheffield purchases
the property but does not build the plant? Sheffield still owns the property and we have no control over that property
sitting vacant. Attorney Cook advised, there is no control by this document, they would suffer the grant penalties and
be in default. If someone stepped in and took over this project then this contract is binding on any successor, anyone
who came in to do a similar project would be bound by the same conditions. Sheffield should not object to allowing us
first option to purchase the property back if the project does not come into fruition.
Ms. Nancy Phillips of Nancy Phillips and Associates, City Grant Writer offered the following explanation
regarding the above question: With the understanding that there are three separate grants and three separate
agencies involved in this with each agency having their own requirements, the City has in place the economic
development transportation fund grants. That has already been awarded to the City for one million, one hundred twenty-
five thousand dollars ($1,125,000.00). The next element of the three grants is the CDBG. The federal fiscal year 2001
application has been submitted to the State, the site visit is planned for May 1 '. Once they come for a site visit, we have
sixty days to make the project whole.
APRIL 17, 2001 - REGULAR MEETING - PAGE 6 OF 14
145
IX. NEW BUSINESS CONTINUED.
A. Motion to approve Community Development Block Grant
Participating Party Agreement continued.
The participating party agreement that you have in front of you is part of the sixty day requirements. We are trying to
"jump start" everything so that when the State is here May 1"we can give them as much of the sixty-day requirement
information as possible. Based on their last review for the 2000 grant, that we did not go forward with, the only other
element that has to be completed is the company's financing. I have just received, from Mr. Gates, who is the
President/CEO of Sheffield, a copy of a letter from his bond counsel and this basically moves the project to that next
level.
The third piece of the grant process is the Economic Development Administration (EDA) Grant that will be submitted
to the EDA by May 1". Once all three of those grants have been awarded to the City, at that point, from my prior
discussions with Mr. Gates, it is my understanding that he will then enter into and execute the purchase agreement for
the property. I do not think it is Mr. Gates' intention and I do notwantto speak on his behalf, to enter into that agreement
until all of these grants are in place because without these grants he cannot create those jobs. At the same time that
the construction is undergoing that the grants are required, he will also be constructing his facility. I understand the
City's concerns about wanting to be able to retain title to the property if by chance he did not finish the construction of
the facility. He is present if you would like to address that question with him.
For information purposes, so the Council can fully understand why the 2000 CDBG grant did not move forward, it was
because we were trying to get the Industrial Revenue Bonds in place. This letter that I just received brings that all
together and it looks like now we are going to be able to get the financing so that everything, the entire project can be
completed. Mr. Gates is part of an allocation that has been awarded $750 million and he has $20 million of that
allocation. There are a couple of public hearings that have to be held, but these are just part of the process. We have
enough time to get those hearings done within the sixty day time period to keep the CDBG project as part of the total
three grants that we need in order to put the infrastructure; and that his company needs in order to be able to create
the jobs. That is where we are, at the grant perspective. I do not think you will find Sheffield Environmental Services
executing any documents on the land until all the awards have been made to the City, from the three funding sources.
The Council recommended that first option of the property be included in the land purchase agreement.
Page seven, first paragraph, °... Sheffield shall not permit the delivery, processing or removal of any treatment materials
atthe facility to emit noxious odors outside the boundaries of the real property of the Sheffield Facility." This is one thing
we have all been concerned about, are odor problems. This addresses that. Does this mean any transportation of
material to their facility? Attorney Cook answered probably not, Sheffield could not be responsible in the event that a
rail car owned by someone else was delivering materials to the site and did not smell good. The intent of that is
addressed to the plant and facility itself, not delivery of a vehicle to it. Mr. Watford then questioned how would the City
enforce any of these items in the agreement? It was explained by Attorney Cook the enforcement is under the default
146 APRIL 17, 2001 - REGULAR MEETING - PAGE 7 OF 14
DC NEW BUSINESS CONTINUED.
A. Motion to approve Community Development Block Grant provisions, violation by Sheffield of any provision of the contract allows the City to give them ninety days notice to
Participating Party Agreement continued. correct the problem. It allows us to impose liquidated damages up to five hundred dollars per day as provided under
the Code Enforcement Statute, to suspend their license to operate, file an injunction, and a number of other things, any
one of which would correct the problem.
Council Member Watford continued stating his comments, the two things that worry him are traffic and odor.
Administrator Veach responded in terms of the traffic, one economic development grant will require a traffic study. In
that study we will have to adequately address the traffic flow situations. Ms. Phillip elaborated that the traffic studies that
come through the Governors Clearing House, and the comments are coming back from the Department of
Transportation (DOT) pertain to the Highway 441 North intersection of Northeast 9" Street. That area of Highway 441
North is already in the DOT five year work plan. Any items will have to be coordinated with DOT to move their five-year
work plan forward. Mayor Kirk questioned, we do not intend to take these trucks through the neighborhood as it is now,
do we? Mr. Tim Gates of Sheffield Environmental Services responded that for us to begin construction of any nature,
we will have to, on a limited basis, be able to go through there, because if we wait till the infrastructure is completed
across Taylor Creek to do anything on our property we might be lucky to get it built in 2003. It will be construction
equipment, not material. It might even be necessary to put a temporary bridge across Taylor Creek in order to keep
traffic out of the neighborhood.
Page eight, paragraph thirteen. For information purposes, the City has to agree to any successor or anybody Sheffield
would sell this project to.
Page ten, paragraph "c," "Filing for relief ... without necessity of posting a bond." Is that something you normally have
to do? Answered by Attorney Cook, yes and we are exempt from that.
Page eleven, first paragraph, mediation. For comments only, the key there is non -binding mediation, so if we do not
agree we go to court with it.
Page eleven, paragraph eighteen. If we do not enforce any of the provisions in the agreement, the Department which
is DCA can then enforce it. Attorney Cook responded correct, but that is limited to their grant administration.
How will the disposal of the water be handled? Ms. Phillips explained that in the business plan which is included within
the CDBG, it addresses the fact that as part of the process Sheffield Environmental Services has they have water that
they take out of the sludge and they have a process that can convert that water to drinking water and that is part of their
proprietary patent that they have on the process. What they take out, they will be making into a by-product eventually.
APRIL 17, 2001 - REGULAR MEETING - PAGE 8 OF 14
147
IX. NEW BUSINESS CONTINUED.
A.
B.
Motion to approve Community Development Block Grant
Participating Party Agreement continued.
Discussion on potential new business in town - Ed Walpole
Administrator Veach added, whatever is done with the water process will need to be approved through the licensing
process of the Department of Environmental Protection, and they will be involved in the permitting of their facility at the
appropriate time once they start construction.
Council Member Williams asked on page three, paragraph "D" "... after May 1, 2001 $1.5 million will be spent on the
building. . ." When will construction commence? There is not a time frame for that? Ms. Phillips answered no, it is not
because of the fact that we have to go through all the permitting. Typically what happens in a large construction project
for infrastructure you get your awards from your funding agencies then you go through your engineering design and
permitting. Keep in mind, all of the engineering for this project is being grant funded, therefore you have to wait for the
grants to come into play for the process to start. We have five months for that process to be completed. Then we can
actually let the bid documents, which will be done publically. In the mean time Mr. Gates will be working, once he obtains
title to the property, on his permitting for his facility and get his construction documents underway. Actual construction
early 2002 is the best guess. You do not knowwhat can come up, but it is not uncommon for things to come up as you
are permitting a job. You will actually see construction start about 2002 on the public infrastructure.
Attorney Cook added, this contract is the basic frame work for what we need to proceed to the next step. Between the
purchase of land, infrastructure and how this project is going to ultimately be developed, is going to require some
additional fine tuning and some additional agreements. This certainly does not address every facet of the project. Mayor
Kirk responded, we have come to this point and we definitely need to proceed with making sure that the City is protected
all the way through, the City will be relying on you, City Attorney.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Mr. Ed Walpole addressed the Council stating his reason for being here is to identify a new business that would like to
come to Okeechobee. It is Earthwise Mulch. A company in Stuart that takes pine trees and turns them into mulch, very
clean, I have been to their facility and welcome any of you to go look at it, it is an interesting operation. They bring trees
in, run them through a mulcher and they have a bagging operation. Mr. John Stanley is the owner, it is a family
operation. They will be bringing approximately eightyjobs into the community. It is quite an opportunity for us. We have
a facility in the Industrial zoned Northwest section of the City, Northwest 13' Street.
148 APRIL 17, 2001 - REGULAR MEETING - PAGE 9 OF 14
IY, NEW BUSINESS CONTINUED.
B. Discussion on potential new business in town continued. Mr. Stanley is very interested in coming, he has a five-year contract, with a five year extension. Mr. Stanley then
addressed the Council by stating that we would like to relocate the facility in Okeechobee. His company supplies
WalMart Stores from Jensen Beach South to Marathon and Target Stores. Presently they have eighty-five employees,
they are looking into putting in more machinery, adding up to approximately twenty more employees within this year.
Mr. Walpole distributed maps of the area noting the colored areas are the streets that are paved, the only street not
paved in the area is Northwest 13' Street. The facility will be located on the West end of 13t Street. Mr. Stanley
explained they would like to be able to use 13"' Streetfor ingress and egress of the trucks to the facility. The gate of the
facility meets with Northwest 12t Street, that street has occupied residential homes on both sides. He prefers the trucks
not go through the area, however, truckers will usually go the path of least resistance. The plan is to block off the 121i
Street exit and move it to 13' Street, which is a street with one home (on Lots 12 and 13 in Block 9) it faces the East
to West alley. This would make a better exit and keep the trucks away from the homes.
Mayor Kirk asked, you have eighty employees now, do you anticipate all eighty will move with you and are you moving
your entire operation to Okeechobee? Mr. Stanley responded he has a small facility in downtown Stuart, that will
become their wholesale outlet. All the production will move to Okeechobee. The grinding facility is in Palm City, that will
be closed down and moved to Okeechobee along with package operation. We will keep thirty-five to forty-five
employees. We will have to rehire over here. They would like to be here within the next six weeks.
Public Works Director Robertson confirmed for the Council that Northwest 13'hStreet is a grass type road that the City
mows, it is not shell. According to Exhibit Three, regarding the next item, this street is listed as an option for paving for
the Fiscal Year 2000-2001 Roadway Improvements, the cost estimates to pave this street is sixty-two thousand, one
hundred seventeen dollars ($62,117.00).
Council Member Watford noted this is a dilemma for the Council since according to the Code of Ordinance, Section 13-9
"all opening and construction of unimproved roads and providing drainage for any City street shall be at the expense
of the developer or owner of the property needing said improvements, in accordance of specifications of the City."
Council Member Chandler stated that ordinance pertains to unimproved streets nor does it pertain to platted roads, this
road is a platted road and has culverts on both ends. We have in the past paved roads that had grass on them and this
(proposed facility) would be bringing more revenue into the City, we could get our money's worth out of this one.
Attorney Cook noted that his opinion was when you looked at the situation practically, if a developer came in here and
you had a totally undeveloped area and he said I have property a hundred feet off a City road and I want you to pave
me an access to it, that is obviously something that benefits the developer and something the City should not be doing
APRIL 17, 2001 - REGULAR MEETING - PAGE 10 of 14 149
IX. NEW BUSINESS CONTINUED.
B. Discussion on potential new business in town continued.
C. Discuss and offer staff direction regarding an Request for Proposal
for street improvement projects for Fiscal Year 2000-2001 - City
Administrator (Exhibit 3).
A case like this where if we do not do that, Mr. Stanley comes over here and sets up operations anyway and says I
cannot use 13' sense, it is grass, so I will just drive down all these residential streets and hope the kids and bicycles
are out of the way. In that since the Council has a legitimate public purpose for wanting to direct traffic away from the
residential neighborhoods. If the Council is inclined to do this you could justify it for that reason.
One additional question asked by the Council was regarding the noise ordinance and advised Mr. Stanleyto make sure
he was aware of what those requirements are and hours of operation, he stated he felt confident he could meet the
noise requirements. The property is designated Industrial on the zoning and future land use maps.
Staff offered a list of the Fiscal Year 2000-2001 Roadway Improvements. Projects were divided up between Major
Projects (Section A), Resurfacing Projects (Section B) and listed in priority order and Other Related Projects (Section
C).
The street Mr. Walpole was requesting to be paved is listed in Section A with a cost estimate of sixty-two thousand, one
hundred seventeen dollars ($62,117.00).
There was a lengthy discussion between Council and Staff regarding which major projects could be postponed another
year, it was concluded that Southeast 8' Avenue would be readdressed in next years budget along with Southwest 12"
Avenue.
Council Member Watford also noted that a project that is not on the list, but that he had requested the Administrator to
look into it was the narrow streets with no turning radius along South Parrott Avenue between the Farm and Video King,
Big Lake National Bank and Town Center Apartments. Administrator Veach reported that he contacted the Department
of Transportation. They will not address the situation, however they will give the City permission to do it. Public Works
Director Robertson has indicated if the Council wants to undertake strictly a change of the turning radius on some of
the streets then the City could set aside twenty-five to thirty thousand dollars to address that on our own with our City
crews to get the project underway but not fully commit all of our revenues there. Council did not take action on this item
at this time.
Mayor Kirk questioned the liability of the guard rails along Southwest 12" Avenue and whether it would help the City.
Attorney Cook answered not particularly. When a City and/or County puts in road improvements, traffic control devices,
guard rails, that type of function generally does not expose the City/Council to liability in any event, it is not going to
make a whole lot of difference either way.
150
APRIL 17, 2001 - REGULAR MEETING - PAGE 11 OF 14
IX. NEW BUSINESS CONTINUED.
C. Discuss and offer staff direction regarding a Request for Proposal Council Member Watford moved to prioritize the Public Facility Improvements as Section A, South Park Street, include
for street improvement projects for Fiscal Year 2000-2001 sidewalks from Section C fifteen thousand dollars ($15,000.00) and use remainder forresurfacing projections in Section
continued. I B. Motion died of lack of second.
Council Member Oliver moved to prioritize the Public Facility Improvement Fund for roadway improvements for
FY 2000-2001 as follows: Section A, Major Projects - NW 13w Street and South Park Street, (including ramp
drainage, resurfacing and street drainage), Section C, sidewalks only. Section B, resurfacing as they are listed,
and as the budget will allow. Motion seconded by Council Member Chandler.
Council Member Watford did not agree with including Northwest 13°i Street and commented that he felt Council was
setting a dangerous precedence.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - NO
WILLIAMS - YEA
MOTION CARRIED.
D. OUA Interlocal Agreement for EDA - Nancy Phillips (Exhibit 4). Nancy Phillips addressed the Council explaining that when the City submitted the pre -application for the Economic
Development Administration (EDA) Grant one of the comments that came back from EDA was the fact that the
Okeechobee Utility Authority (OUA) had to become a co -application of the grant because they are the provider of the
water and sewer. You will recall back in the 2000 Community Development Block Grant (CDBG) application process
we entered into an interlocal agreement with the OUA to be the provide and ultimately maintain the water and sewer
lines. Basically we redrafted the CDBG agreement into one for EDA and that will become part of the grant application
documentation that will be sent to EDA.
Council Member Watford moved to approve the Intericoal Agreement with the Okeechobee Utility Authodtyfor
the Economic Development Administration Grant, seconded by Council Member Williams.
APRIL 17, 2001 - REGULAR MEETING - PAGE 12 OF 14 151
IX. NEW BUSINESS CONTINUED.
D. OUA Interlocal Agreement for EDA continued.
E. Discussion regarding Code Board's recommended foreclosure on
the Brantley property - City Attorney (Exhibit 5).
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook briefly explained that the Council will recall the Code Enforcement Boards' (CEB' station against Mr.
Brantley ran from January 1, 2000 with a fine of five hundred dollars a day. (Case No. 00-01-01, unplatted property
located along the East side of South Parrott Avenue). Upon the expiration of two hundred ninety days it was
recommended before the CEB and at that time they agreed to stop the fine assessment based upon the work that he
had done to the property (this was late 2000). In Exhibit Five is a letter from the CEB Chairman dated March 29, 2000
that the CEB made a motion to foreclose on the property after the ninety days were up which is in accordance with
Florida Statutes Chapter 162. Since thattime the issue is basically a City matter. Mr. Brantley did not go back to the CEB
to seek a reduction in the fine. According to the Code Enforcement Officer the fine stands at one hundred forty-five
thousand dollars ($145,000.00). For your consideration tonight is the CEB request as to whether to direct me to
commence the foreclosure proceedings. This is the extent of the information that I have, the Administrator may have
some additional information about some complaints that have come in in the interim.
Administrator Veach added he had been approached by members of the CEB and the Economic Council. They would
like to see some action on the part of the City Council. Particularly the CEB would like to see what kind of direction the
Council is going to take on this, to give them further understanding of what they should be doing out there.
Council Member Oliver moved to instruct the City Attorney to begin foreclosure proceedings on the property owned by
Marvin Brantley based on the unanimous decision by the Code Enforcement Board. Motion died for lack of second.
There was a lengthy discussion between the Council; Staff, CEB Co -Chair Mack Worley, Jr. and Marvin Brantley with
comments from the Economic Council Executive Director Joey Varnadore. Speaking on behalf of the Brantley's were:
Bessie Brantley, Becky Mersh, Bill Freeman and J.T. Phillips.
Each Council Member and Mayor Kirk expressed individually their concern that this situation has gone on for several
years. Mr. Brantley's property is in violation of Florida Statute Chapter 339.241 Florida iunkyard Control Law. All items
for sale are to remain behind the fence line at all times. Mr. Brantley was questioned whether he fully understood what
he was in violation of and he answered yes he understood.
1gz
APRIL 17, 2001 - REGULAR MEETING - PAGE 13 OF 14
IX. NEW BUSINESS CONTINUED.
E. Discussion regarding Code Board's recommended foreclosure on Several Council Members also asked Mr. Brantley whether he understood the situation the Council had been put in by
the Brantley property continued. Mr. Brantley consistently ignoring his violations. Mr. Brantley again answered yes, however he explained that he had
a buyer for the items on the property and is trying to sell out and retire. Another asset is that the property located
between his and Southeast 21" Street has been put up for sale which should make it easier for him to sell his property.
11 Council acknowledge that Mr. Brantley had made promises of this nature in the past that never came to fruition.
Council Members also noted this is a serious situation, the goal is to bring the property in compliance not foreclose on
it, however, if they do not carry out the recommendations of the CEB, how does that affect the members of that citizen
board who volunteer their time to act on the City's behalf and enforce the ordinances the Council passes.
After much deliberation, Council Member Council Member Oliver moved to instructthe City Attorney to begin foreclosure
proceedings on the property owned by Marvin Brantley based on the unanimous decision by the Code Enforcement
Board; seconded by Council Member Watford.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
F. Motion to reappoint Doug McCoy, Christopher Mavroides and Council Member Watford moved to reappoint Doug McCoy, Christopher Mavroides and Danny Creech to the Planning
Danny Creech to the Planning Board/Board of Adjustment/Land Board/Board of Adjustment/Land Planning Agency/Design Review BoardforathreeyeartermfromMay 1, 2001 through
Planning Agency/Design Review Board for a 3 year term from May April 30, 2004; seconded by Council Member Oliver.
1, 2001 through April 30, 2004 - City Administrator.
VOTE
KIRK - YEA
CHANDLER - YEA
OLIVER - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
APRIL 17, 2001 - REGULAR MEETING - PAGE 14 OF 14
153
IX. NEW BUSINESS CONTINUED.
G. Discussion on turning lanes on US 441 and State Road 70 -
Dowling Watford.
K ADJOURN MEETING - Mayor.
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 1 TIM RECORD OF THE PROCEEDING IS
MADE, WHICH RECORD INCLUDES THE TESTI AND VIDENCE UPON WHICH THE APPEAL IS
TO BE BASED.
ATTEST: / James E. Kirk, Mayor
Bonnie S. Thomas, CMC, City Clerk
Council Member Watford expressed his concernson the situation of the Departmentof Transportation having shortened
the turning lanes at the intersection of North Park Street (alklal State Road 70) and Parrott Avenue (alkla US Highway
441) and whether the City could request they be changed back to the longer lanes as they were prior to the resurfacing
project DOT had just completed. Administrator Veach advised he had just been notified by DOT that the lanes would
be repainted to make the lanes as long as they were previously, by April 22, 2001.
The other item is the turning lanes at South Parrott Avenue and 21" Street, turning into WalMart. Chief Davis reported
that he spoke with DOT regarding this and they will not be making any changes to that intersection.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 8:40 p.m.
E
•
IV.
A.
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING - April 17, 2001
HANDWRITTEN MINUTES
CALL TO ORDER: - Mayor: X", Apra 17 2001 CXY C0U*1C 999M ,E - Meer~, 6:00 p. rw.
OPENING CEREMONIES: Invocation offered by Pastor SCOW SeicUer
Pledge of Allegiance led by Manor K"
MAYOR, COUNCIL AND STAFF ATTEND
Mayor Kirk
Council Member Chandler
Council Member Oliver
Council Member Watford
Council Member Williams
Attorney Cook
Administrator Veach
City Clerk Thomas
Deputy Clerk Gamiotea
Carolyn Arnold, Office Assistant
PRESENTATIONS AND PROCLAMATIONS - Mayor.
Proclaim April 29 through May 5, 2001 as "Municipal Clerk's Week".
Page -1-
"WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world;
and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the
Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government
at other levels; and WHEREAS, Municipal clerks hav pledged to be ever mindful of their neutrality and impartiality, rendering
equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and
community; and WHEREAS, Municipal Clerks continually strive to improve the administration fo the affairs of the Office of the
Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state,
province, bounty and international professional organizations; and WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk. NOWTHEREFORE, I, James E. Kirk, by the virtue of the authority vested
in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim April 29 through May 5, 2001 as "Municipal Clerks
Week."
V. MINUTES - City Clerk.
A. Council Member oved to dispense with the reading and approve the Summary of Council Action A��r e Mafeh
20, 1 Npo enda should read Apri13, 20011 Regular Meeting; seconded by Council MemberE-'.
VOTE YM NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Moti n arrived — Denied.
Page -2-
�• WARRANT REGISTER - City Administrator.
A. Council Member moved to approve the March 2001 Warrant Register in the amounts: General Fund one
million, sevent - ousand, nine hundred thirty-two dollars and fifty-two fifty-sixcents $dollars and2forty-sevenccentss
and
m Y
Disaster Relief Fund one hundred ninety-three thousand, five hundred
($193,556.47), and P " Facility Fund nineteen thousand, six hundred fifty-seven dollars ($19, 657.00); seconded
by Council Member,�Z .
VOTE YEA NAY ABSTAIN ABSENT
KIRK i
CHANDLER
OLIVER
WATFORD
WILLIAMS !
Motion C)�rri¢d — Denied.
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor D j p•m•
he A.1. a) council Member moved to read by title only, proposed
eOrdinC ty Attorney (Exhibit 11); secamendingt onded by Couof ncil
and Okee"bee Utility Authority Employees Retirement System
Member
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK ,
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion �!!71 ed - Denied.
c) City Attorney to proposed Ordinance No. KEECHOBEE UTILITY AU HORITYEMPLOY ES' RETIREMENT
by title on. "AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THEE CITY OF OKEECHOBEE ANDD O0
SYSTEM, ADOPTED PURSUANT TO ORDINANCE N0.714; PROVIDING FOR CODIFICATION; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH
2.a) Council Member AND PROVIDING AN EFFECTIVE DATE."
�: moved adopt Ordinance No. 768; seconded by Council Member
._ m
b) Discussion.
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motio arrikd — Denied.
CLOSE PUBLIC HEARI Mayor G% - (i� P.M.
•
Page-3-
IX. NEW BUSINESS.
A. Council Member ",�, r mov to approve CDBG Participating Party Agreement - City Attorney (Exhibit 2);
seconded by Council Member
VOTE YEA2 NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS -�
Motio Carrie — Denied.
�.1 ✓✓✓.� rr.-. 6`" �=�. �-7 [✓G-�_-,Y�ya--�f rr�-c�c.a .,-C�ii`.-�� .,. _r �k i._Z �--i�- l ,, � �--6` ""`-"y
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Ci
4 �s
Page -4-
B. Discussion on potential new business in town - Ed Walpole.
0—
(j
'C/c>
It U--L
;7
J)
177
Page -5-
C. Discuss and offer staff directio n regarding an RFP for street improvement projects for FY2000-2001 -City Administrator
(Exhibit 3).
--Lz L)
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E
•
D. OUA Interlocal Agreement for EDA - Nancy Phillips (Exhibit 4).
- /
ry
IV
Page -6-
Page -7-
E. Discussion regarding Code Board's recommended foreclosure on the Brantley property - City Attorney (Exhibit 5).
I-W
f UJ4
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171
d
-71
kZgl ?4t.
Page -8-
F. Council Member 14 m/ moved to reappoint Doug McCoy, Christopher Mavroides and Danny Creech to the PInnni"
Board/Board/Land' Planning age y -for. a 3 year term from May 1, 2001_fh_r&ugApril 30, 2004 -City A ministrator;
719co,0056aea by Council Me
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion tarried'— Denied.
G. Discussion on turning lanes on US 441 and State Road 70 - Dowling Watford.
4
t7'
et C) Qvc
-AL
IV.
A
Page -I-
CITY OF OKEECHOBEE
REGULAR CITY COUNCIL MEETING - April 17, 2001
HANDWRITTEN MINUTES
CALL TO ORDER: - Mayor: Kirk Apra17, 2001 CXY c0u.naaRe4"ZM-Mee� 6.00 p n,,
OPENING CEREMONIES: Invocation offered by Paqtoi- SwW Se- dl ;
Pledge of Allegiance led by McworY,"
MAYOR, COUNCIL AND STAFF ATTENE
Mayor Kirk
Council Member Chandler
Council Member Oliver
Council Member Watford
Council Member Williams
Attorney Cook
Administrator Veach
City Clerk Thomas
Deputy Clerk Gamiotea
Carolyn Arnold, Office Assistant
PRESENTATIONS AND PROCLAMATIONS - Mayor.
Proclaim April 29 through May 5, 2001 as "Municipal Clerk's Week".
"WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world;
and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the
Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government
at other levels; and WHEREAS, Municipal clerks hav pledged to be ever mindful of their neutrality and impartiality, rendering
equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and
community; and WHEREAS, Municipal Clerks continually strive to improve the administration Othe affairs of the Office of the
Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state,
province, bunty and international professional organizations; and WHEREAS, it is most appropriate that we recognize the
accomplishments of the Office of the Municipal Clerk, NOWTHEREFORE, I, James E. Kirk, by the virtue of the authority vested
in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim April 29 through May 5, 2001 as "Municipal Clerks
Week."
� �
. .
' 1 Yli��.� V It iw.C- 1 rl.L.i `1iLCl i}j{�L VLt zi, /�ilJ
-IC: 1
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�.141i %ik/
V. MINUTES -City Clerk. 11&m1.2C6-,L0_i-,Ct ALfn
A. Council Member 0 t moved to dispense with the reading and approve the Summary of Council Action for the Mareh
20,2001(typo agenda should read April3, 20011 Regular Meeting; seconded by Council Member 8v .
VOTE
YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER
t—
OLIVER
�-
WATFORD
v
WILLIAMS
Motion arried �- Denied.
Cl
•
Page -2-
VI. WARRANT REGISTER - City Administrator.
A. Council Member bu: moved to approve the March 2001 Warrant Register in the amounts: General Fund one
million, seventy-two thousand, nine hundred thirty-two dollars and fifty-two cents ($1,072,932.52), Emergency and
Disaster Relief Fund one hundred ninety-three thousand, five hundred fifty-six dollars and forty-seven cents
($193,556.47), and Public Facility Fund nineteen thousand, six hundred fifty-seven dollars ($19, 657.00); seconded
by Council Member_.
VOTE YEA NAY ABSTAIN ABSENT Lod i4
KIRK
CHANDLER
OLIVER u 21�
WATFORD
WILLIAMS > � � y� `<' ��t (,�CGsC: 1_G Y &Uk _ Zk-1-�,AJWL C-A
Motion arried Denied. '
ti"�
VII. AGENDA - Mayor. ka& (_1.,,0;�5 '+
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
C,Uvu ,
Vlll. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor L '. CC/ p.m.
A.1. a) council Member6Z_ moved to read bytitle only, proposed Ordinance No. 768 amending the City of Okeechobee
and Okeechobee Utility Authority Employees' Retirement System - City Attorney (Exhibit 1); seconded by Council
Member DLO
b) Vote on motion to read by title only.
VOTE YEA NAY ABSTAIN ABSENT
KIRK �-
CHANDLER
OLIVER
WATFORD
WILLIAMS
Motion rrie Denied.
c) City Attorney to read proposed Ordinance No. 768 by title only. "AN ORDINANCE OF THE CITY OF OKEECHOBEE
AMENDING THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITYAUTHORITYEMPLOYEES' RETIREMENT
SYSTEM, ADOPTED PURSUANTTO ORDINANCE NO.714; PROVIDING FOR CODIFICATION; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
2.a) Council Member 6b moved to adopt proposed Ordinance No. 768; seconded by Council Member _.
b) Discussion.
-OPIA it) � X � `1 �9� � � ��JL^� Cc . � o u? (i JCi� t ilu r�
Va
c) Vote on motion.
VOTE YEA NAY ABSTAIN ABSENT `
KIRK
CHANDLER c.
OLIVER
WATFORD =%
WILLIAMS
Motion arrie -� Denied.
CLOSE PUBLIC HEARING - Mayor LO',1( p.m.
Page - 3 -
IX. NEW BUSINESS.
A. Council Member_ move to approve CDBG Participating Party Agreement -City Attorney (Exhibit 2);
seconded by Council Member_•
VOTE YEA NAY ABSTAIN ABSENT
KIRK
CHANDLER�C��z-JYiti
OLIVER
WATFORD 11Gf G'1 L&oc kr, GL�ar i x iGC' Cj t
WILLIAMS
Motion arpi' - Denied.
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B. Discussion on potential new business in town - Ed Walpolei.,
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Page -5-
Discuss and offer staff direction regarding an RFP for street improvement projects for FY 2000-2001-City Administrator
(Exhibit 3).
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D. OLIA Interlocal Agreement for EDA - Nancy Phillips (Exhibit 4).
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Page -7-
Discussion regarding Code Board's recommended foreclosure on the Brantley property - City Attorney (Exhibit 5).
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a�) I (-�) Page -8-
F. Council Member moved to reappoint Doug McCoy, Christopher Mavroides and Danny Creech to the Planning
Board/Board/Land Planning agency for a 3 year term from May 1, 2001 through April 30, 2004 - City Administrator;
seconded by Council Member ?be-.) _.
VOTE YEA NAY ABSTAIN ABSENTx�'t c1;
KIRK
CHANDLER ` ��j(� (�'^i (,� Ck�7 (,� f "U/,°�1►
OLIVER
WATFORD
WILLIAMS
Motion ffe— Denied.
G. Discussion on turning lanes on US 441 and State Road 70 - Dowling Watford.
, ';; ;' i ��'� i"1 C (, i r ZG'i. L; -Xk 6 et Z tC CCC o(a -L{-
4 u a0 G104
CITY OF OKEECHOBEE
' APRIL 17, 2001 REGULAR CITY COUNCIL MEETING
n
n
;► OFFICIAL AGENDA
PAGE 1 OF 3
I. CALL TO ORDER -Mayor: April 17, 2001, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor Scott Seidler;
•
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 Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Bonnie S. Thomas
Deputy Clerk S. Lane Gamiotea
0 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim the week of April 29 through May 5, 2001 as "Municipal Clerks Week".
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the March 20, 2001
Meeting.
APRIL 17, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 3
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the March, 2001 Warrant Register:
General Fund $1,072,932.52
Emergency & Disaster Relief Fund $193,556.47
• Public Facility Fund $19,657.00
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A.1.a) Motion to read by title only proposed Ordinance No. 768 amending the City of Okeechobee and Okeechobee
Utility Authority Employees' Retirement System - City Attorney (Exhibit 1).
b) Vote on motion to read by title only.
• C) City Attorney to read proposed Ordinance No. 768 by title only.
2.a) Motion to adopt proposed Ordinance No. 768.
b) Public Comments.
C) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
APRIL 17, 2001 - CITY COUNCIL AGENDA - Page 3 of 3
IX. NEW BUSINESS.
A. Motion to approve CDBG Participating Party Agreement - City Attorney (Exhibit 2).
B. Discussion on potential new business in town - Ed Walpole.
C. Discuss and offer staff direction regarding an RFP for street improvement projects for FY 2000-2001 - City
Administrator (Exhibit 3).
D. OUA Interlocal Agreement for EDA - Nancy Phillips (Exhibit 4).
E. Discussion regarding Code Board's recommended foreclosure on the Brantley property - City Attorney (Exhibit 5).
F. Motion to re -appoint Doug McCoy, Christopher Mavroides and Danny Creech to the Planning Board/Board of
Adjustments/Land Planning Agency for a 3 year term from May 1, 2001 through April 30, 2004 - City
Administrator.
• G. Discussion on turning lanes on US 441 and State Road 70 - Dowling Watford.
X. 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.
Wr
is _ - ...:,.. ,:.._ — ♦ er '
4
OFFICE OF THE MAYOR
OAwchohen
Y , The Office of the Municipal Clerk, a time honored and vital part of local gov
'r sts throughout the world; and
The Office of the Municipal Clerk is the oldest among public servants; and
The Office of the Municipal Clerk provides the professional link between `+
citizens, ~tile local governing bodies and agencies of government at other levels, an
WHEREAS, .Municipal Clerks have pledged to be ever mindful of their neutrality:
8 impartiality, rendering equal service to all; and
WHEREAS, The municipal Clerk serves as the information center on functions of local
government and community; and
,-- WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs o
the Office of the Municipal Clerk through participation in education programs, seminars,,".,s�
workshops and the annual meetings of their state, province, county and international
professional organizations; and -
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the"
Municipal Clerk.
�:NOW TFORK I, James E. Kirk, by the virtue of the authority vested in me as Mayor 0f`t6e
City of Okeechobee, b7orida, do hereby proclaim the week of April 29 through May 5, 200 t
as .'mvi aClow aerAy Weep
IN VMNESS M EMEM I HAVE HEREUP TO SET My HAPI[�
CAUSED THIS SEAL TO
JAMES E. KIRK,
ATTEST:
;
BONNIE S. THOMAS, CMC, -
Date.
,t
Ems'
a
ExHIBIT 1 N
APR 17 AGENDA
ORDINANCE NO. 768
AN ORDINANCE OF THE CITY OF OKEECHOBEE AMENDING
THE CITY OF OKEECHOBEE AND OKEECHOBEE UTILITY
AUTHORITY EMPLOYEES' RETIREMENT SYSTEM, ADOPTED
PURSUANT TO ORDINANCE NO. 714; PROVIDING FOR
CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA:
SECTION 1: That the City of Okeechobee and Okeechobee Utility Authority Employees
Retirement System, adopted pursuant to Ordinance No. 714, is hereby amended by amending
Section 2, Membership, to read as follows:
SECTION 2. MEMBERSHIP.
1. Conditions of Eligibility.
All General Employees as of the Effective Date, and all future new General
Employees, shall become Members of this System as a condition of employment.
Notwithstanding the previous paragraph, the current City Administrator and
any future City Administrator or Administrative Assistant and the current or future
Executive Director of the Okeechobee Utility Authority may, in the event he has
elected to participate in another pension program, within the first sixty (60) days
of his employment as City Administrator or Administrative Assistant or Executive
Director, notify the Board and the City of Okeechobee (with respect to the City
Administrator orAdministrativeAssistant) orthe Okeechobee Utility Authority (with
respect to the Executive Director), in writing, of his election to not be a Member
of the System. In the event of any such election, he shall be barred from future
membership in the System.
Notwithstanding any provision herein to the contrary, the current City
Administrator as of April 1, 2001 may in the event he has elected to participate
in another pension program on or before June 1 2001 notify the Board and the
City of Okeechobee, in writing, of his election to opt out of the System In the
event of such election, the Board shall refund the Accumulated Contributions to
the City Administrator and he shall be barred from future membership in the
System.
2. Designation of Beneficiary.
Each General Employee shall complete a form prescribed by the Board
designating a Beneficiary or Beneficiaries.
SECTION 2: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 3: That this Ordinance shall become effective upon adoption.
Introduced on first reading and set for public hearing this 311 day of April, 2001.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
Passed on second reading after public hearing this 1711 day of April, 2001.
James E. Kirk, Mayor
ATTEST:
Bonnie S. Thomas, CMC, City Clerk
APPROVED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
BM•0K-G EN,03-23-01.0RD
ExHisiT 2 ^-
APR 17 AGENDA
PARTICIPATING PARTY AGREEMENT
BETWEEN THE CITY OF OKEECHOBEE
SHEFFIELD ENVIRONMENTAL SERVICES, INC.
THIS CONTRACT AND AGREEMENT, by and between the City of
Okeechobee, a Florida municipality organized under the laws of the State of
Florida and located at 55 SE Third Avenue, Okeechobee, Florida 34974,
hereinafter referred to as the CITY, and SHEFFIELD ENVIRONMENTAL
SERVICES, INC., a Florida corporation, its successors and assigns, of 1815
Crystal Lake Drive, Lakeland, Florida 33801, hereinafter referred to and called
SHEFFIELD do hereby enter into this agreement effective as of the
day of , 2001, to implement the requirements of the
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred
to and called CDBG, pursuant to an award to the CITY by the Florida
Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100, hereinafter referred to and called DEPARTMENT, and
hereby mutually agree as follows, to -wit:
EFFECTIVE DATE: The terms and conditions of this agreement shall
have an effective date commensurate with the final approval of each of the
following grants to the City of Okeechobee: 2001 CDBG grant; Economic
Development and Transportation Fund grant; and U.S. Dept. of Commerce
Economic Development Administration grant. Final approval is defined as that
date that each grant is approved by the respective agency for release of funds,
and not the actual release or transfer of funds.
1. The application submitted on behalf of SHEFFIELD to the
DEPARTMENT for CDBG funding and the Award Agreement
between the CITY and the DEPARTMENT, CDBG Contract No.
, is hereby incorporated by this reference.
SHEFFIELD agrees to perform the specific activities of the
Application and the provisions of the Award Agreement to the
extent that such provisions apply to SHEFFIELD. Further,
SHEFFIELD agrees and shall pay any grant related administration
fees; application fees; engineering fees; and other required fees to
the extent not paid or included in the grant itself, which includes
the CDBG grant, EDA grant, and Transportation Fund grant.
2. SHEFFIELD further agrees to each and every one of the following
provisions, to -wit:
(A) That SHEFFIELD shall create and satisfactorily document
the creation of at least eighteen (18) full-time equivalent
permanent net new jobs, of which ten (10) full-time
equivalent permanent net new jobs are to be made available
to members of low or moderate income families as specified
in the Application. If more than eighteen (18) full-time
equivalent permanent net new jobs are created, fifty-one
percent (51%) of those jobs shall be made available to
members of low and moderate income families. These jobs
shall be created no later than the termination date of this
Agreement, as it may be amended. Documentation shall be
provided on the Florida Small Cities CDBG Program
Household Income Survey Form or its equivalent for each
job created. The documentation of the creation of these jobs
shall be retained by SHEFFIELD for a period of three (3)
years following the expiration of this Agreement;
(B) That the failure of SHEFFIELD to create or cause to be
created or to satisfactorily document the creation of the
eighteen (18) agreed upon number of jobs, of which ten (10)
are to be made available to members of low or moderate
income families or to expend or satisfactorily document the
expenditure of the $1,500,000 of leverage dollars agreed
upon in the Application, shall be an act of default under the
SHEFFIELD Participating Party Agreement;
(C) That SHEFFIELD shall provide or cause to be provided
such training to members of families of low and moderate
income as may be necessary to equip them with the skills
2
•
•
required for them to obtain and retain the jobs to be
created;
(D) That SHEFFIELD agrees to expend at a minimum, after
May 1, 2001 (the date of site visit) One Million Five
Hundred Thousand Dollars ($1,500,000.00) on building
construction as noted on Form CDBG-E3 (1) (A) and on
Attachment A of the Award Agreement between the CITY
and DEPARTMENT and as claimed for leverage points in
the Application. SHEFFIELD shall furnish documentation of
its expenditures to the CITY in a form and content
satisfactory to the DEPARTMENT that allows accurate
ready comparison between expenditures and related
activities as defined on Form CDBG-E3 (1) (A) . This
documentation shall be provided to the CITY as
expenditures occur;
(E) That SHEFFIELD shall construct or cause to be constructed
one or more buildings, which shall accommodate at a
minimum the facility described in the Application (the
Sheffield Facility). The Sheffield Facility shall remain titled
in the name of SHEFFIELD until such time as all
requirements in paragraph 8(a) of this Attachment G -
Special Conditions have been satisfied;
(F) That upon request of the CITY, SHEFFIELD shall provide to
the CITY access to business records of SHEFFIELD to
monitor and verify compliance with this agreement by
SHEFFIELD, as such records relate to this contract and the
conditions of the grant.
(G) That SHEFFIELD shall begin construction and furnish to
the CITY evidence of SHEFFIELD commencement of
construction on the Sheffield Facility within 180 days of
release of grant funds by the State or at such earlier time if
required in any grant funding document. Necessary
extensions of this time frame shall not be unreasonably
3
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withheld, subject to approval being granted by the
appropriate state or federal entity issuing grant fund.
(H) That SHEFFIELD Participating Party Agreement and any
amendment thereto must be approved by the
DEPARTMENT as to form and content. The right of approval
granted to the DEPARTMENT with respect to changes in the
SHEFFIELD Participating Party Agreement between the
CITY and SHEFFIELD shall survive the term of this
Agreement. The DEPARTMENT does not assume any
liability or responsibility for the accuracy or enforceability
of the SHEFFIELD Participating Party Agreement through
the exercise of this right of approval;
(I) That any extension of the Award Agreement pursuant to
Fla. Admin. Code Rule 9B-43.014 shall act as an extension
of the SHEFFIELD Participating Party Agreement. Failure of
the CITY to notify SHEFFIELD of such an extension shall
not invalidate this provision;
(J) That SHEFFIELD shall hire at least one (1) Work and Gain
Economic Self -Sufficiency Act (WAGES) client after May 1,
2001 (the date of site visit) and prior to the CITY's
submission of the administrative closeout of the grant; and
(K) That to the extent it becomes necessary, due to further
development in the surrounding industrial park which
adjoins the SHEFFIELD FACILITY, that easements may be
necessary for utility services, road rights of way, or ingress
and egress, and SHEFFIELD shall grant upon request of
the CITY such easement without further cost to the CITY;
providing that such easement shall not materially infringe
on the facility and its ability to function as anticipated
herein.
3. Should SHEFFIELD fail to create or cause to be created or to
satisfactorily document the creation of the agreed upon number of
jobs or the agreed upon, number of jobs to be made available to
rd
members of low and moderate income families, SHEFFIELD shall
reimburse the CITY an amount equal to $35,000 for each job
below the agreed upon number of jobs to be created. Payment to
the CITY under this condition shall be due no later than ten (10)
days after the termination date of the CDBG Award Agreement
executed between the CITY and the DEPARTMENT. That
SHEFFIELD shall indemnify and hold harmless the CITY from any
penalty, assessment or monetary claim of every nature that may
be made by the State for the failure of SHEFFIELD to comply with
the mandates of the grant or to create the number of qualifying
jobs required in the issuance of the grant.
4. SHEFFIELD shall pay to the CITY host fees on an annual basis,
commencing on the first day of January following the time the
SHEFFIELD FACILITY has received its certificate of occupancy by
the CITY. Such fees are to be calculated at .25 cents per ton of
arriving materials delivered to the site for processing. SHEFFIELD
shall maintain and make available to the CITY a system of
recording weights of arriving materials on printed and dated load
tickets or similar document, to monitor and audit compliance with
this section. The host fees shall be reviewed on an annual basis,
commencing with the first day of January following the initial
operation of the facility, and the first of January each year
thereafter. If, during the preceding year, SHEFFIELD should
increase its per -ton fee for processing materials, the host fee to be
paid to the CITY for the following year shall increase by the same
percentage; i.e. if the fees should increase by 5% during the year,
the host fee to be paid to the CITY shall also increase by 5% for
the following year. Using the base line host fee of .25 cents per
ton, in this example the host fee for the following year would
increase by 1.25 cents, to .26 1/4 cents per ton. In no event during
the term of this agreement shall the host fees fall below .25 cents
per ton.
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• 0
5. The agreed purchase price for the parcel purchased by
SHEFFIELD is $4200.00 per acre, for a total price of $226,800.00.
The CITY shall bear the expense of documentary stamps on the
deed of conveyance, and the cost of title insurance. SHEFFIELD
shall bear all other closing costs. The closing shall occur within
the time frame as required by the terms or conditions of the grant,
but in no event later than 60 days from notice of grant funding by
the State of Florida.
6. That SHEFFIELD shall comply with and maintain all local, state or
federal jurisdictional rulings, orders or regulations as it pertains to
site development, and wetlands and mitigation issues.
7. Under the Award Agreement between the CITY and the
DEPARTMENT, the CITY may request amendments to the Award
Agreement subject to the discretion of the DEPARTMENT. Further,
the CITY is obligated to provide certain reports and data to the
DEPARTMENT, and to constantly monitor performance under the
CDBG grant, including the provisions herein. For such purposes,
SHEFFIELD shall cooperate with the CITY and its agents including
providing access to its premises and operations, and providing any
date, reports, inspections, or records as required by the CITY, and
attending any meetings required by the CITY.
8. SHEFFIELD shall allow reasonable access to its records and
facilities by the DEPARTMENT or its agents and by any other state
or federal agency or their agents asserting jurisdiction to access
compliance with any condition of the CDBG program or the Award
Agreement, including compliance with STATE and FEDERAL law.
SHEFFIELD shall promptly notify the CITY as soon as SHEFFIELD
is informed that any such agency intends to seek access, or
otherwise is preparing to access or monitor for compliance.
9. That SHEFFIELD shall not cause, permit or allow on the site of
the SHEFFIELD FACILITY any discharge, leakage, spill or other
loss of containment of any materials or treatment process or
substance that would tend to cause ecological damage or harm to
C.
0 •
the site, or that could constitute pollution as defined by local,
state or federal regulatory agencies, to adjoining sites, to
waterways, to the atmosphere or water treatment facilities of
Okeechobee Utility Authority. Further, SHEFFIELD shall not
permit the delivery, processing or removal of any treatment
materials at the facility to emit noxious odors outside the
boundaries of the real property of the SHEFFIELD FACILITY.
10. That the participating parties understand that regulatory agencies
may amend certain rules or regulations that govern a business
enterprise such as SHEFFIELD, and future amendments cannot
be anticipated. Regardless, SHEFFIELD shall hold the CITY
harmless from any change in any grant or regulatory authority
that may affect the ability of SHEFFILED to operate its facility,
and such changes shall not relieve SHEFFIELD of any obligation
or agreement herein.
11. That SHEFFIELD shall obtain and maintain insurance of the types
and minimum amounts as set forth herein:
1. One million dollars for personal bodily injury or death to
any one person.
2. Three million dollars for personal bodily injury or death in
any one accident.
3. Three million dollars for all other types of liability.
4. One million dollars for environmental liability.
5. Workman's compensation and employee liability insurance
meeting all requirements of Florida law.
That SHEFFIELD shall supply the CITY with proof of compliance with
this section prior to the issuance of a certificate of occupancy for the
facility by the CITY building official.
12. That SHEFFIELD shall provide to the CITY a performance bond or
letter of credit in a form acceptable to the CITY in the amount of
$250,000.00 as security for faithful performance of all provisions
of this agreement, and to provide a find against which the CITY
7
0 •
may draw in the event of default by SHEFFIELD as hereafter set
forth.
13. That SHEFFIELD shall not transfer or assign the SHEFFIELD
FACILITY and plant operations to another entity for operation
without notice to the CITY. Prior to such transfer, the CITY must
receive sufficient assurance that such transferee/assignee can
and will operate the plant in compliance with this agreement, and
subject to the terms of this agreement, and as hereafter amended.
Such consent shall not be unreasonably withheld if such
assurances are met.
14. That if SHEFFIELD should determine that it is no longer
economically feasible to continue operations of the plant, the CITY
shall be provided at least 90 days notice of intent to cease
operations. Upon cessation of plant operations, SHEFFIELD, shall,
within six months thereof, remove or cause to be removed from
the site all materials, supplies, equipment, vehicles or other such
items from the site, and secure the facility. Excepted from this
requirement are such fixtures as may be attached to the facility.
During the time the plant is not in operation, SHEFFIELD, its
successor or assigns, shall continue to be liable for upkeep,
groundskeeping and the security of the facility.
15. Acts constituting default: The CITY may declare a default in this
agreement upon occurance of any of the following:
a. Failure to comply with each term in this agreement.
b. Failure to promptly pay when due all host fees.
C. Such acts as are set out in paragraph 8(b) of
attachment "G" to this agreement.
d. Filing by SHEFFIELD, its successors or assigns, of
petitions for bankruptcy, general assignment for
benefit of creditors; or other voluntary or
involuntary creditor/ debtor petitions.
•
•
e. Committing acts that would constitute or permit
the creation of pollution or environmental harm as
set out herein.
f. Attempting or causing the assignment or transfer of
this agreement to another entity without notice or
approval of the CITY.
g. Such failure of SHEFFIELD to promptly pay when
due all tax assessments made against the facility.
h. Failure to maintain and provide proof of insurance
coverage on demand of the CITY.
i. Failure of SHEFFIELD, after due notice, to comply
with all regulations, orders, consent decrees or
other requirement of any state or federal agency
that possesses jurisdiction under law of the
activities of SHEFFIELD at the facility, or failing to
comply with additional requirements in any grant
funds issued for the project.
j. Failure of SHEFFIELD to pay or reimburse the
CITY for any assessments for grant related
application fees, grant administration fees, and
engineering fees not included or covered in the
grant itself, including the CDBG, EDA, and
Transportation Fund grant anticipated in this
agreement.
16. Remedies on default: In the event of an act of default, the CITY
shall possess certain remedies, which include but are not limited
to:
a. Granting SHEFFIELD a sufficient time period to
come into compliance, not to exceed 90 days from
receipt of written notification, excepting only those
matters beyond the reasonable control of
SHEFFIELD, as determined by the CITY.
C
b. Upon expiration of 90 days from notice, or
extension granted thereto, by rescinding the
occupational license of SHEFFIELD and ceasing
operations until SHEFFIELD comes into complete
compliance with the complaint of the CITY.
C. Filing for relief in court for injunctive or other relief
to prevent the continuance of such non-
compliance; the parties stipulate in this instance
that an adequate remedy at law would not be
available, and that the CITY may obtain its
injunction without the necessity of posting a bond.
d. An assessment by the CITY of a liquidated penalty
in a sum not to exceed such fines as are permitted
by Chapter 162, Florida statutes, for code
violations, until SHEFFIELD verifies that it has
come into compliance with the breach claimed by
the CITY. The parties stipulate that in the event of
breach, damages would be difficult to assess, and
that this liquidated penalty would be appropriate. It
is understood this provision concerns only issues of
non-compliance by SHEFFIELD, and does not in
any manner limit or exclude such further claim for
damages as may be made by the CITY for breach of
this agreement by SHEFFIELD.
e. Filing a claim against the performance bond posted
by SHEFFIELD under the terms of this agreement,
to reimburse the CITY for any claim, loss, demand,
suit, award, penalty, fine or other assessment or
damages suffered by the CITY for any breach of
SHEFFIELD, to the extent not otherwise fully
reimbursed by SHEFFIELD as set forth in this
agreement.
10
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•
Prior to the initiation of any litigation by either party for the
construction of, or claimed breach of any term or condition of this
agreement, the parties and their representatives shall meet
informally or in formal non -binding mediation to attempt to
resolve the issues raised, so as to avoid needless expense and
lapse of time.
17. For a period of three (3) years following the expiration of this
Agreement, SHEFFIELD shall retain all original records related to
the implementation of the CDBG program and to its compliance
with the CDBG application, the Award Agreement, and this
Agreement. This period of record retention shall be automatically
extended by the period of time that the DEPARTMENT extends the
Award Agreement.
18. SHEFFIELD acknowledges that under the Award Agreement, the
DEPARTMENT may substitute itself for the CITY in enforcing any
provision of this Agreement after thirty (30) days written notice to
the CITY.
19. This Agreement is subject to the truth and accuracy of all of the
information, representations and materials submitted by
SHEFFIELD in the Application, in any subsequent submission in
response to the CITY's request for information or the request of
the DEPARTMENT or an authorized agency, including any
submissions made after the effective date of this Agreement.
20. This Agreement, as it pertains to compliance with grant funding
conditions, shall continue in full force and effect until SHEFFIELD
has created the total number of new jobs and the total number of
new jobs available to members of low and moderate income
families as provided in subparagraph 2(A) of this Agreement. The
remainder of this agreement shall survive and remain in effect
until terminated as hereafter set forth.
21. It is specifically understood and agreed that time is of the essence
in the Agreement.
11
22. For purposes of this Agreement, any notices, records, reports, or
papers required to be furnished by SHEFFIELD to the CITY shall
be delivered to the CITY OF OKEECHOBEE ADMINISTRATOR or
his designee, 55 SE Third Avenue, Okeechobee, Florida 34974.
23. For purposes of this Agreement, any notices, records, reports, or
papers required to be furnished by the CITY to SHEFFIELD shall
be delivered to the Corporate Office, Sheffield Environmental
Services, Inc., 1815 Crystal lake Drive, Lakeland, Florida 33801.
24. That it is stipulated that for any litigation arising out of the
construction of this agreement, or for any claimed breach thereto,
that venue for such litigation shall be Okeechobee County,
Florida.
25. That nothing herein shall be construed so as to be the basis for a
claim of waiver of sovereign immunity by the CITY, which claim
the CITY retains as provided by Florida Statutes.
ACCEPTED THIS DAY OF
CITY OF OKEECHOBEE
to
JAMES E. KIRK
MAYOR
SHEFFIELD ENVIRONMENTAL
SERVICES, INC.
By:
SH FIELD ENVIRONME L
IM
, A.D., 2001.
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
ATTEST:
By:
SHEFFIELD ENVIRONMENTAL
SERVICES, INC., Chairman/CEO SERVICES, INC., Secretary
12
. 1-30-1 996 .3 : 2SAM FP01,WLP01-E I NC ADM I kJ
941 7 E393 37• P . 1
POLE11
OKEECHOBEE
Post Office Box 1177
Okeechobee, Florida 34973
(863) 763-5593 0 FAX (863) 763-1874
FRO e ��
FAX MESSAGE
PLEASE USE BLACK INK
FAX CONTROL NO,
DATE, 1 / TIME:
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NUMBER OF PAt;L5
INCLUDING THIS PAGE ( �"
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CITY OF (M XCHOBEE
941)763-;.3372 * Fax 9411763-1686
AGENDA ITEM REQUEST FORM
Please mei or bring oampieted forth to:
City of Okeechobee
City Clerk's office
66 S.E. 3rd Avenue
Okeechobee, Florid& 34914
NAMI=' Ecr Wal
ADORESS: P. 0. Box 1177
Okeechobee, F1 34973
E 63-763-5593
(NOW)
MELTING: REGULAR O SPECIAL U WORKSHOP DATA : ;)4-17=01
PL FASe STATE THE ITEM YOU WISH TO HAVE PLACED ON THE Cm► COUNCIL AGEPIOA.
Favins of NW 13th Street
PLEASE STATE WHAT DEPARTMENTS) YOU HAVE WORKED WITH THUS FA t. —koad Department
PLEASE STATE. DESIRED ACTION BY THE CITY COUNCIL.
To schedule this paving project as soon as possible.
PLEASE SUMMARIZED PERTMENT INFORMATION CONCERNING YOUR REOL EST AND ATTACH APPLICABLE
DOCUMENTS. -
$che 41ing this Ar07ett to aid Earthwise Mulch in gettir.g their
project started.
PRESENTATION 18
SIONF-0 BY:
TIME WILL BE REQUESTED?,- 2C minutes
DATE: 4-•� 11-01
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• • EXHIBIT 3
APR 17 AGENDA
Public Facilities Improvements Recommended for Consideration
Major projects (section A)
NW 13th Street from NW 9th Ave. to NW 10th Ave. (new construction) $ 62,117
SE 8d' St. to North Of SE 3rd St. 194,654
S. Park Street ramp drainage $ 22,415
resurfacing 96,013
street drainage 50,070 S. Park total 168,498
TOTAL SECTON A $425,269
Resurfacing projects (section B)
NE 3`d Ave. from NE 3`' St. to NE 7d' St.
$ 3,613
NE 7d' St. from NE 4d' Ave. to Hwy. 441
9,150
SW 2' St. from SW I I' Ave. to SW 12`h Ave.
4,713
SW 14d' Ct. from SW 5`h Ave. to dead end sign
6,244
NW 7d' Ave. from City limits to dead end (NW 20d' Lane)
10,250
NW 9d' St. from NW 9d' Ave. to end of City limits
16,063
NW 6d' St. from NW 12d' Ave.
9,975
NW 6d' St. from NW 4d' Ave. to Hwy. 441
8,875
NW 7d' St. from NW 5d' Ave. to NW 6th Ave.
3,613
NW 6d' Ave. from NW 6d' St. to NW 7' St.
3,338
NW 9d' Ave. from 50'N of R&R to City limits
19,400
NW 12t' St. from NW 10' Ave. to NW 8`h Ave.
9,150
NW 11`t' St. from NW IOd' Ave. to NW 8' Ave.
9,150
NW 10 ' St. from NW 10' Ave. to NW 8d' Ave.
9,150
NW 8' St. from NW 9' St. to end of pavement
11,075
NW 9d' Ave. from NW 6d' St. to 50' short of R&R
7.069
TOTAL SECTION B $140,828
Other related projects (section C)
Culvert replacement at NE 7' St. & 5' Ave. $ 7,500
Striping for all streets (stop bars) 6,000
Sidewalks 15,000
Guardrail & signage along SW 12th Ave. 35,395
TOTAL SECTION C $ 63,895
Total available $351,978
Additional estimated engineering, surveying and admin. Fees (3%)-10,500
TOTAL AVAILABLE FOR IMPROVEMENTS $341,478
• • EXHIBIT 4
APR 17 AGENDA
INTERLOCAL AGREEMENT
FOR
U.S. DEPT. OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION
PROJECT
THIS INTERLOCAL AGREEMENT is made and entered into this day of
, 2001 by and between the Okeechobee Utility Authority (the "OUA") and the
City of Okeechobee, a municipality organized under the laws of the State of Florida (the
"City").
WHEREAS, the City intends to apply to the U.S. Department of Commerce,
Economic Development Administration (the "Grant") to partially fund the cost of
providing water and sewer services within the public right-of-way to a site to be
occupied by Sheffield Environmental Services located in the City of Okeechobee's
Commerce Center. The City has also applied to the Florida Small Cities Community
Development Block Grant - Economic Development category for the remaining grant
funds necessary to fully construct the required water and sewer systems in the public
right-of-way of the City's Commerce Center as further described on Exhibit "A" to this
Interlocal Agreement and referred to herein as the "Property"; and
WHEREAS, the City has also applied as part of the "Grant" for funding to
construct the roadway system necessary in the City's Commerce Center. The City will
retain ownership of the roadway improvements constructed under the "Grant"; and
WHEREAS, OUA is the governing board authorized to enter into agreements to
provide water and sewer service from facilities owned by the OUA and is authorized
under Chapter 180, Florida Statutes to provide such services to properties located
within the City limits;
WHEREAS, the OUA currently has the capacity to provide water and sewer
services in the public right-of-way to the Property and is willing to provide such service;
and
WHEREAS, both parties believe that it is in their mutual best interest to
cooperate in providing the required water and sewer service in the public right-of-way to
the Property.
NOW, THEREFORE, OUA and the City hereby agree and covenant on the terms
and conditions hereinafter stated:
GENERAL This Agreement is entered into pursuant to Section 163.01, Florida
Statutes, the Florida Interlocal Cooperation Act. This Agreement
embodies the whole understanding of the parties. There are no
promises, terms, conditions, or obligations other than those
contained therein. This Interlocal Agreement shall supersede all
If to the OUA:
With a copy to:
Landon C. Fortner, Executive Director Tom W. Conely, III
Okeechobee Utility Authority
c/o Conely & Conely, P.A.
100 Southwest 5`h Avenue
Post Office Box 1367
Okeechobee, Florida 34974-4221
Okeechobee, Florida 34973-1367
6. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement
between the parties with respect to the subject matter
hereof and supersedes all prior verbal or written
agreement between the parties with respect hereto.
This Agreement may only be amended by a written
document, property authorized, executed and
delivered by the parties hereto. This Agreement shall
be interpreted as a whole unit. All interpretations
shall be governed by the laws of the State of Florida.
7. FILING This Agreement and any subsequent amendments thereto shall be
filed with the Clerk of the Circuit Court of Okeechobee County
pursuant to Section 163.01(11)', Florida Statutes.
IN WITNESS WHEREOF, the parties have caused the execution by their duly
authorized officials as follows:
ATTEST:
Bonnie S. Thomas, CIVIC, City Clerk
K
CITY OF OKEECHOBEE
By:
James E. Kirk, Mayor
Reviewed for Legal Sufficiency:
John R. Cook, City Attorney
EXHIBIT "A"
The Property
Unplatted lands of the City all that part of NW 1/4 lying East of Taylor Creek and North
of the Seaboard Railroad, the NW 1/4 of NE 1/4 and all that part of the SW 1/4 of the
NE 1/4 lying North of Seaboard Railroad. Section 15, Township 37S. Range 35E.
127.53 acres.
Parcel No. 2-15-37-OA00-00002-0000.
5
•
City of Okeechobee
March 29, 2000
Dear Mayor and City Councilmen:
• EXHIBIT 5 ^-
APR 17 AGENDA
On March 14, 2000 the Code Enforcement Board held a meeting in which there was a lengthy
discussion pertaining to the junkyard owned by Marvin Brantley. Realizing that this situation has
persisted since 1990, we the members of the Code Enforcement Board took the following action:
A motion was made by Mack Worley, Jr. that a recommendation be made to the City
Council that they begin foreclosure on the property owned by Marvin Brantley after the 90
days are up. (The 90 days will be up as of April 1, 2000) The motion was seconded by Jamie
Gamiotea and was carried unanimously.
Auer the vote was taken there was discussion among the Code Board members. Several members
expressed their concerns of putting a person out of business. However, they all felt that Mr.
Brantley has been given more than enough opportunity to make the corrections and by refusing to
do so has caused the City Council and the Code Enforcement Board to be viewed unfavorably by
the community.
In closing, we know this will be a difficult decision for the City Council, but we feel Mr. Brantley
has left the Council with no other options.
Sincerely,
c vcw�
Marsha Montesi, Chairperson
Code Enforcement Board
55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (941) 763-3372 • Fax: (941) 763-1686
FIRE DEPARTMENT
TO: Mayor Kirk, City Councilmen, B. Veach, City Administrator and B. Thomas,
City Clerk
FROM: Chief Tomey o*-
RE: Marvin Brantley
DATE: April 17, 2001
The amount of money owed by Marvin Brantley is $145,000.00 which represents a $500 per day fine for
290 days.
Mr. Brantley's violation on this fine is as follows:
F.S. 339.241 Florida Junkyard Control Law
Case No. 00-01-01
In addition, there is a $15.00 recording fee at the County Court House and a $25.00 Administrative Fee
with the City of Okeechobee.
•
Edition 339.241 Florida Junkyard Control Law.
339.241 Florida Junkyard Control Law.—
(1) SHORT TITLE. --This section sliall be known as the"Florida Junkyard Control Law."
(2) DEFINITIONS. --Wherever used.or referred to in this section, unless a different meaning
clearly appears from the context, the teen:
(a) "Areas zoned for industrial use" means all areas zoned for industrial use by governmental
entities within the state or an unzoned industrial area approved by the department. Such areas
must be based upon the existence of at least one industrial activity other than the junkyard or
scrap metal processing plant.
(b) "Automobile graveyard" means any establishment or place of business which is
maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined,
or dismantled motor vehicles or motor vehicle parts.
(c) "Distance from edge of right-of-way" means the distance presently defined in 23 U.S.C. s.
136(g).
(d) "Federal -aid primary highway" means any highway within that portion of the State
Highway System as included and maintained under chapter 335, including extensions of such
system within municipalities, which has been approved by the Secretary of Transportation
pursuant to 23 U.S.C. s. 103(b).
(e) "Fence" means an enclosure so constructed or planted and maintained as to obscure the
junkyard from ordinary view to those persons passing upon the highways in this state.
(0 "Interstate highway" means the system presently defined in 23 U.S.C. s. 103(e).
(g) "Junk," "junkyard," and "scrap metal processing facility" mean the same as described in I
s. 205.371(1)(a), (b), and (e).
(3) RESTRICTIONS AS TO LOCATION. --No junk, junkyard, automobile graveyard, or
scrap metal processing facility shall be operated or maintained within 1,000 feet of the nearest
edge of the right-of-way of any interstate or federal -aid primary highway, except:
(a) A junkyard which is screened by natural objects, plantings, fences, or other appropriate
means so as not to be visible from the main -traveled way of the highway or which is otherwise
removed from sight.
(b) A junkyard or scrap metal processing facility which is located in an area zoned for
industrial use.
(c) A junkyard or scrap metal processing facility which is not visible from the main -traveled
way of any interstate or federal -aid primary highway.
Any junkyard which was in existence on December 8, 1971, which the department determines
cannot be screened because of topography and elevation is not required under this section to be
removed, relocated, or disposed of until federal funds are available.
(4) REQUIREMENTS AS TO FENCES; EXPENDITURE OF FUNDS.--
(a) A fence constructed under the provisions of this section shall be kept in good order and
repair, and any advertisement on the fence shall be regulated by applicable state law.
(b) The department is authorized to spend such funds as are necessary to obtain federal -aid
funds for the purposes described in this subsection.
(5) ENFORCEMENT. --It is the function and duty of the department to administer and enforce
the provisions of this section. The department or any public official may apply to the circuit
court or another court of competent jurisdiction of the county in which the junkyard or scrap
metal processing facility may be located for an injunction to abate such nuisance.
(6) PENALTY. --Any person who violates any provision of this section is subject to a fine of
not less than $50 or more than $200. Each day during any portion of which such violation occurs
constitutes a continuing separate offense.
History.--ss. 1, 2, 3, 4, 5, 6, ch. 71-338; ss. 1, 2, 3, 4, 5, 6, 7, ch. 71-972; s. 221, ch. 84-309.
1 Note. --Repealed by s. 1, ch. 72-306.
CODE ENFORCEMENT BOARD
CITY OF OKEECHOBEE, FLORIDA
CASE NO. oo-o i -o i
CITY OF OKEECHOBEE, FLORIDA
Petitioner,
VS.
MARVIN BRANTLEY
Respondent.
THIS CAUSE came on for public hearing before the Code Board, City of
...�
Okeechobee, Florida, on Niay i a l- 11— 2000 after due notice to the Respondent, and
the Board having heard sworn testimony and evidence on the alleged violation by
witnesses, the Respondent, or the Code Enforcement officer; the Board therefore makes
the following findings:
Findings of Fact:
1. That the Respondent was personally served with notice of violation on
December 13, 1999, claiming a violation of ordinance 711, City of Okeechobee, Florida.
2. That the Respondent has previously been served with notice of violation for the
same violation for the same real property, and is thus a repeat violator as defined in Ch.
162, Florida Statutes.
3. That the Respondent operates a salvage type business at the location, and is
considered a non -conforming but permitted use in the commercial district in which he
operates. He has caused or allowed items defined as "Junk" or abandoned property under
the ordinance to be placed in front of his business, from the sidewalk and right of way of
S.R. 15 (Hwy. 441 South), for approximately thirty feet to his fence line on the West side
of the property.
4. That these items are in full view of the public right of way. Further, the City
police department has issued approximately 19 citations for illegal parking in the right of
way or on the public sidewalk in front of the business; other incident reports have been
made to the department, and there is no place where the public can park safely in front
of the business due to the location and nature of the junk items.
Conclusions of Law:
5. That ordinance 711 prohibits the placement of junk in any zoning district which
would constitute a nuisance, or hazard to public safety or welfare. Further, for non-
conforming uses, the ordinance states that junk shall not be viewable from any public
right of way; and such items shall be surrounded by a fence at least 8' high, with an
opaque covering with a thirty foot setback.
Orders of the board:
The evidence presented to the Board supports the following order(s) as approved
by vote of the Board:
6., That the Respondent has violated ordinance 711 by placing junk in front of his
business location at 1811 S. Hwy. 441 which leaves no room for parking; that numerous
traffic citations and reports have been made concerning this property; and the parking of
customers vehicles in the road right of way or on the sidewalk constitutes a hazard to the
general public. Further, the placing of junk outside the fence of the Respondent makes it
viewable by the public from road rights of way, which is prohibited by said ordinance.
7. That the Respondent is ordered, as repeat violator, to pay a daily fine in the sum
of $500.00 per day, commencing on January 1, 2000, and continuing daily in like amount
until the Respondent provides proof to the City that the violation is corrected, judgment
of foreclosure is entered, or by further order of the Board.
0-,11
8. The clerk for the Board is directed to file a certified copy of this order as a claim
of lien in the office of the clerk of court, Okeechobee County, Florida; and once
recorded, shall become a lien against the real property of the Respondent subject to this
violation, and any other real or personal property owned by Respondent, pursuant to the
provisions of Florida Statutes Ch. 162. The location of the real property affected by this
order and lien are parcel numbers:
2-28-37-35-OA000-0018-0000
2-28-3 7 -35-OA00-00019-A000
2.28 -3 7 -3 5-OAOO-00022 -0000
9. The Respondent shall have 30 days from the order of the Code Board to appeal
these findings and order by writ of certiorari to the Circuit Court, in and for Okeechobee
County, Florida.
AGREED and ordered this /7 day of January, 2000.
Code —enforcement o 'cer
CODE ENFORCEMENT BOARD
City of Okeechobee, Florida By:
II /, n 33288q
a. u� W 5 �itct 64AI r.
Chairman
Attest:. 4.1 0
Recording secretary
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
FIE..E D - I" I., C01,D
L CO. FL.
00 1110' 20 PI., i, 00
CLERK. _)i IT COURT
THE FORGOING in trument was acknowledged before me this a6ay of
Janry, 2000 by lL ` hairman Code Enforcement Board; and
Coa Enforcement Officer, personally known to me, and who
(Did) (Did not) take an ath.
NOTARY PUBLIC
My commission expires:
i"!i'•.EATRICECASTORINA
;OMMISSION # CC 792665
EXPIRES: February 4
Balled Thru Noftq Public Undwwrhm