The URL can be used to link to this page

2001-09-18 Regular222 CITY OF OKEECHOBEE SEPTEMBER 189 2001 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: September 18, 2001, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation offered by Reverend Neil Gunsalus; Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 4, 2001 Regular Meeting. PAGE 1 OF 9 Mayor Kirk called the September 18, 2001 Regular City Council Meeting to order at 6:00 p.m. Reverend Gunsalus offered the invocation; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the September 4, 2001 Regular Meeting; seconded by Council Member Oliver. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 2 OF 9 223 V. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2001 Warrant Register: General Fund ................................ $247,298.01 Public Facility Improvement Fund ................ $109,761.50 Emergency and Disaster Relief Fund ............. $15,087.44 Law Enforcement Special Fund .................... $333.21 M. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to remove from the table, motion to approve the first reading of proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable - City Attorney (Exhibit 1). b) Vote on motion. Council Member Watford moved to approve the August 2001 Warrant Register in the amount, General Fund two hundred forty-seven thousand, two hundred ninety-eight dollars and one cent ($247,298.01); Public Facility Improvement Fund one hundred nine thousand, seven hundred sixty-one dollars and fifty cents ($109,761.50), Emergency and Disaster Relief Fund fifteen thousand, eighty-seven dollars andforty-four cents ($15,087.44) and Law Enforcement Special Fund three hundred thirty-three dollars and twenty-one cents ($333.21); seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of item's on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. Council Member Watford moved to remove from the table, motion to approve the first reading of proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable television; seconded by Council Member Oliver. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 224 SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 3 OF 9 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. Vote on motion to approve the first reading of proposed Ordinance No. 775. 3. a) Motion to read proposed Ordinance No. 775 by title only b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 775 by title only. 4. a) Motion to adopt proposed Ordinance No. 775. b) Public Discussion and Comments. c) Vote on motion. On August 21, 2001 at the regular meeting, a motion was made by Council Member Watford, seconded by Council Member Oliver to approve the first reading, this motion was tabled. Following a brief discussion, Attorney Cook recommended the motion and second be removed from the floor and that Ordinance No. 775 be removed from the agenda since he has not been able to meet with the Adelphia representatives to discuss his proposed amendments to the franchise agreement. Motion and second to approve the first reading was removed from the floor. Council Member Oliver then moved to remove proposed Ordinance No. 775 from the agenda and instructed Attorney Cook to redraft the ordinance, then present it back to the Council for first reading once all amendments were addressed; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Due to the action taken above, there was no official action taken on this item. Due to the action taken above, there was no official action taken on this item. SEPTEMBER 18, 2001 REGULAR MEETING - PAGE 4 OF 9 225 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. a) Motion to read by title only, proposed Ordinance No. 777 amending Council Member Watford moved to read by title only, proposed Ordinance No. 777 amending insurance requirements insurance requirements for Temporary Structures Section 681 of for Temporary Structures Section 681 of the Land Development Regulations; seconded by Council Member Oliver. the Land Development Regulations - City Attorney (Exhibit 2). 11 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. 777 by title only. Attorney Cook read proposed Ordinance No. 777 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS (LDR'S) SECTION 680, 681 THEREOF, TEMPORARY STRUCTURES TO PROVIDE FOR INCREASED INSURANCE REQUIREMENTS UNDER SAID SECTION; PROVIDING FOR EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 777. Council Member Oliver moved to adopt proposed Ordinance No. 777; seconded by Council Member Williams. b) Public Comments and Discussion. Mayor Kirk asked whether there were any comments or questions from the public. There were none. There was a brief discussion by the Council, this amendment was due to a recommendation by Council Member Williams to increase the insurance for temporary use permits. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:21 P.M. 226 SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 5 OF 9 VIII. UNFINISHED BUSINESS - Mayor. A. Report regarding City guidelines to clean up neglected property and bill the property owners - City Attorney (Exhibit 3). IX. NEW BUSINESS. A. 1. a) Motion to read by title only and set October 16, 2001 as a final Public Hearing date, proposed Ordinance No. 780 closing a portion of Northwest 3rd Street and the alleyways in Block 125 and 138 - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. c) city Attorney to read proposed Ordinance No. 780 by title only. The Council instructed Attorney Cook to research what type of policies could be implemented to allow the City to go onto private property that has a code violation, clean it up and charge the property owner for the clean-up cost. After researching the Florida Statutes, Attorney Cook rendered the opinion that under current law and City Code, the City is authorized to undertake a clean-up and charge the violator only with the eAsitence of two prerequisites. First, if the Code Board has found a violation and entered an order. Second, if the violation is so serious it requires immediate action bythe City. The Council then discussed Attorney Cook's research and asked him for a recommendation. Attorney Cook recommended that he, Administrator Veach and Chief Tomey meet and evaluate the entire code violation procedures to see what could be done to make them more effective and then strictly enforce the procedures we have. Council instructed that the three meet and report back to them. Council Member Watford moved to read by title only and set October 16, 2001 as a final Public Hearing date, proposed Ordinance No. 780 closing a portion of Northwest 3rd Street and the alleyways in Block 125 and 138; seconded by Council Member Oliver. VOTE KIRK -YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 780 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS ORALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITYOF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 780.III Council Member Oliver moved to approve the first reading of proposed Ordinance No. 780; seconded by Council Member Williams. SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 6 OF 9 227 IX. NEW BUSINESS CONTINUED. A. 2. b) Discussion. Mayor Kirk asked whether there were any questions or comments. Council Member Watford asked for clarification to determine whether now is the appropriate time for the letters go out to the surrounding property owners? Clerk Thomas responded yes, that is correct. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to adopt Resolution No. 01-11 regarding enactment of Council Member Chandler moved to adopt Resolution No. 01-11 regarding enactment of legislation related to code legislation related to code enforcement - City Administrator enforcement; seconded by Council Member Oliver. (Exhibit 5). Attorney Cook read proposed Resolution No. 01-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTY AND MUNICIPAL GOVERNMENT, AT THEIR OPTION, TO COLLECT LOCAL GOVERNMENT CODE ENFORCEMENT FINES, PURSUANT TO FLORIDA STATUTES CHAPTER 162, BY USE OF A NON -AD VALOREM ASSESSMENT ON THE AD VALOREM TAX BILL; PROVIDING FOR DISTRIBUTION THEREOF, PROVIDING FOR AN EFFECTIVE DATE." Administrator Veach explained that this resolution was received from the City of Belle Glade. There are several small municipalities that have the same challenge regarding enforcing code violations, as Council discussed previously. This resolution will be sent to the State Legislature. Council Member Watford was concerned whether the tax roll was the place to implement collecting of fines for code violations. Council Member Chandler and Oliver were in favor of the legislation. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 228 SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 7 OF 9 IX. NEW BUSINESS CONTINUED. C. Motion to award a contract regarding the Street Improvement Council Member Oliver moved to award a bid to Better Roads in the amount of two hundred ninety-one thousand, six Projects - City Administrator (Exhibit 6). hundred fifty dollars and ten cents ($291,650.10) for the 2000/2001 Roadway Improvement Projects; seconded by Council Member Williams. There was a brief discussion. The following are the streets that will be included in the project: Northwest 13" Street (from 9' Avenue to 10' Avenue) Northwest 10"' Avenue (from 12" Street to 13"' Street) South Park Street (from 7"' Avenue to Parrott Avenue) Northeast 3'd Avenue (from 3nd Street to 7"' Street) Northeast 7t" Street (from 4t' Avenue to Parrott Avenue) Southwest 2nd Street (from 11°i Avenue to 12°t Avenue) Southwest 14°i Court (from 5"' Avenue to dead-end) Northwest 7"' Avenue (from 14' Street to 20°i Lane) Northwest 9°t Street (from 91 Avenue to City Limits) Northwest 7"' Street (from 5"' Avenue to 6°i Avenue Northwest 6"' Avenue (from 6°i Street to 7"' Street) Northwest 12'hStreet (from 10" Avenue to 8" Avenue) VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Discussion and approval of installation of four new fire hydrants - Administrator Veach informed the Council that the City has received notification from the Okeechobee Utility Authority City Administrator (Exhibit 7). (OUA) that within the next two to three months they will be installing new water lines along Southwest 7' Avenue (from 9"' to 15"' Street) and Southeast 9°i Avenue (from 9' Court to 15"' Street). The City has the option of installing fire hydrants within these new lines. The OUA is willing to provide the labor, the City must agree to purchase the materials. The Fire Chief has reviewed the plans and indicates that four new hydrants need to be installed. Materials for this will cost six thousand, sixty dollars and thirty-two cents ($6,060.32). SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 8 OF 9 229 IX. NEW BUSINESS CONTINUED. D. Discussion and approval of installation of four new fire hydrants Council Member Williams stated that he and Chief Tomey wentthrough the plans and looked atthe area and they have continued. found there needs to be two additional hydrants, for a total of six new hydrants. He showed the Council on the maps the area and pointed out that there are no hydrants in the area and gave his reasoning for needing six fire hydrants instead of four. The Council was given an additional document. A proposed letter of agreement between the City and the OUA regarding the installation of fire hydrants. This letter was drafted by the City's OUA Board Representative, George Long. Mr. Long addressed the Council stating he thoughtthis was a good compromise on both parties, and that it would finally put an end to the fire hydrant issue. Mayor Kirk agreed that it was a good compromise and wanted to know whether the OUA board had reviewed it or stated they were in agreement to it? Mr. Long advised that they had looked at it, but reserved to comment until the City Council and County Commission had an opportunity to review it. The letter outlines the following five points: (1) That the OUA will reserve funds of fifty cents per month per water customer to be used exclusively for the purchase and installation of fire hydrants. (2) The OUA will appropriate funds in its capital improvementfund forthe purchase and installation of fire hydrants on all water main extension and upgrade projects initiated by OUA. Such appropriations will be sufficientto fund the cost of purchase and installation of one hydrant per one thousand feet of water main. (3) The City will fund the cost of any and/or all hydrants in excess of the number to be provided in accordance with this proposal. The cost for such hydrants installed during construction shall not include charges for labor and equipment. The cost for hydrants installed after construction shall include charges for labor and equipment. (4) Hydrants will be installed at locations to be determined by the City of Okeechobee's Fire Chief. (5) The hydrants will not be installed on water mains at locations where available fire flowis less than five hundred gallons per minute. The Council discussed number four and recommended thatthe wording be changed to " ... Chief, with approval of the City Council." Attorney Cook interjected that there are a few areas that would need to be clarified. Council Member Watford moved to instructthe Administratorto send a letterto the OUA Board stating thatthe City Council approves of the concept of agreement as presented, with the change to number four and approve the principal as outlined; seconded by Council member Oliver. The Administrator and Attorney and OUA Executive Director will meet and make the revisions that Attorney Cook referred to. 230 SEPTEMBER 18, 2001 - REGULAR MEETING - PAGE 9 OF 9 VIII. NEW BUSINESS CONTINUED. D. Discussion and approval of installation of four new fire hydrants continued. E. Motion to approve the Interlocal Agreement regarding tax assessment of garbage collection between the City and the Okeechobee County Tax Collector and the Okeechobee Property Appraiser - City Attorney (Exhibit 8). X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE PDVISED THAT F APERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE M SURE THAT AVERBATM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMCI "AND EVDENCffON WHICH THE APPEAL IS T�( 6E BASED. ATTEST: James E. Kirk, Mayor Bonnie S. Thomas, CMC, City Clerk The Council did not take any official action on the hydrants to be installed in the new water lines at this meeting. VOTE KIRK - YEA CHANDLER -YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the Interlocal Agreement regarding tax assessment of garbage collection between the City and the Okeechobee County Tax Collector and the Okeechobee County Property Appraiser; seconded by Council Member Williams. There was a brief discussion on this item. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 7:13 P.M. 941-334-6394 LARUE PLANNING & MGT 045 P01 LARUE PLANNING & MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901-2845 941-334-3366 - FAX: 941-334-6384 e-mail: jlarue 1105@aol.com Memo To: Billw4annin Veach City Administrator PlFrom: Jime, g Consultant Date: September 17, 2001 Subject: Council Meeting CEP 17 '01 1E:00 We are in receipt ftagenda d asrsuch,we will nCity t be in attendance, If you havethat any our presence there will be unnecessary items that require my attention, please do not hesitate to contact me. JGL:lk - -,t � r T -. —it 4.� _?2.Q z '�t` ... // usL . 7'-, c F r �+ 1�1 vt�� i[elx1?. ,� 7.-. stfir'2)CGfa �" -lZlLc 2.r.C' ::� P--� t _.�r-..G''"'�.a.. e1 _. Page. —1— ci .e-; zx i CITY OF OKEECHOBEE REGULAR CITY COUNCIL MEETING - September 2001 HANDWRITTEN MINUTES I. CALL TO ORDER: - Mayor: Ktrk,, Sgptevv�18, 2001 City CQU* ctL I2eactl� Meet 12vw II. ..,,'OPENING CEREMONIES: Invocation offered by Zevev-e i&NeiL Pledge of Allegiance led by K6r IV. A. MAYOR, COUNCIL AND STAFF ATTEN[ Mayor Kirk Council Member Chandler Council Member Oliver Council Member Watford Council Member Williams Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea MINUTES - City Clerk. Council Member ,�moved to dispense with the reading and approve the Summary of Council Action for the September 4, 2 egular Meeting; seconded by Council Member ' U VOTE YEA 7NAY iABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion 4ed — Denied. V. WARRANT REGISTER - City Administrator. A. Council Member At moved to approve the August 2001 Warrant Register in the amount, General Fundtwo hundred forty-seven thousand, two hundred ninety-eight dollars and one cent ($247,298.01); Public Facility Improvement Fund one hundred nine thousand, seven hundred sixty-one dollars and fifty cents ($109,761.50), Emergency and Disaster Relief Fund fifteen thousand, eighty-seven dollars and forty-four cents ($15,087.44) and Law Enforcement, Special Fund three hundred thirty-three dollars and twenty-one cent s($333.21); seconded by Council Member. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER' OLIVER WATFORD WILLIAMS r � Motion/Carr�ed -- Denied. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. 12/a-,,_� A. � Page -2- FOR ORDINANCE ADOPTION -Mayor - co .m. a) Co it member G i moved td oton to approve the first reading of proposed Ordinan No egarding a j '_ of between the:Citnd Podia-`- City Attorne seconded by Council Member b) Vote on motion to read by title. VOTE YEA NAY ABSTAIN ABSENT .i KIRK 0_7 � CHANDLER OLIVER z� CE �e - WATFORD WILLIAMS �� Motion' a led - Denied. 2. Vote on motion to approve the first reading of proposed Ordinance No. 111- �lottoW Wa% Cz_ Sec_C u by _ ! QUVew m"Ae A ygMIt 21, 2 001) VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD,- WILLIAMS Motion arMo - Denied. 3. a) Council Member r moved to read proposed Ordinance No. 'by title only; seconded by Council Member b) Vote on motion to read by title only X VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried - Denied. c) Attorney Cook read proposed Ordinance No:-�", by title only as follows: "AN Q:RU: NANCE GRANTING..A FRANCHLS.E.::TO...,..��..11..,�� A/�f11IIG�ITIA\17U.r T.ELIBSfi�RI11StI"iON.:h:Illl'i't tHII TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY); SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE.." 2. a) Council Member moved to adopt proposed Ordinance No.fi, seconded by Council Member b) Public Discussion and Comments. zV c) Vote on motion. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT Motion Carried - Denied. • Page -3- B.1.a) Council Member moved to read by title only, proposed Ordinance No: - . msurancerequirements for Temporary Strugturw.Section 681 of thekandDevelopment egulations - City Attorney R11111111111W, seconded by Council Member An-- b) Vote on motion to read by title only. c) 2. a) b) C) VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried — Denied. City Attorney to read proposed Ordinance No. `77 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS (LDR'S) SECTION 680, 681 THEREOF, TEMPORARY STRUCTURES TO PROVIDE FOR INCREASED INSURANCE REQUIREMENTS UNDER SAID SECTION; PROVIDING FOR EFFECTIVE DATE." Council Member 6 0 moved to adopt proposed Ordinance No. 7W, seconded by Council Member % � Public Comments and Discussion. --- ji o Vote on motion. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT I /> Motion a;d —Denied. CLOSE PUBLIC HEARING - C> P.M.. All. UNFINISHED BUSINESS - Mayor. Page -4- A. W'Report r property and bill garding City guidelines to clean up neglected Gand >he -. C �}-- property crmers -City Attorney t7,CLa'��'' L?tom CLZLC LG�tp�G'vc��ut vz C j- ice---- 611 . ��/��'�� / �--� �:�'��.�a/✓ C� r� _-_'\ U U ' --L.. G- i; �.f� j � C��-�-''•-e�� G�.""'�''�_. /7,..Q--e LG'� LQ.�� (�G �. • • IX. NEW BUSINESS. Page -5- A. 1. a) Council Member _ moved to read by title only and set as a Public Hearin date, proposed Ordinance No. a of et and th - City Attorney seconded by Council Member?MEOW b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion 4m�— Denied. c) Attorney Cook read proposed Ordinance No.W&y title only as follows: "AN ORDINANCE CLOSING, VACATING ANDABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125AND 138, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE -10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." ' 2.a) Council Mem er/ moved to approve the first reading of proposed Ordinance No. loseconded by Council Member C- b Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion ((��n'ed —Denied. B. Council Member moved to adopt Resolution No.�Mregarding 41115Wnt - Cit dministrator'; seconded by Council Member — Attorney Cook read proposed Resolution NoJjMWy title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTY AND MUNICIPAL GOVERNMENT, AT THEIR OPTION, TO COLLECT LOCAL GOVERNMENT CODE ENFORCEMENT FINES, PURSUANT TO FLORIDA STATUTES CHAPTER 162, BY USE OF A NON -AD VALOREM ASSESSMENT ON THE AD VALOREM TAX BILL; PROVIDING FOR DISTRIBUTION THEREOF, PROVIDING FOR AN EFFECTIVE DATE." VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio arried — Denied. Page -6- C. Council Member moved toy Ito % 'e� in the amount of a / for the 2000/2001 Street Improvement Projects --City-Administrator 40111111111M, econded by Council Member L W fall VOTE YEA NAY ABSTAIN ABSENT KIRK --� CHANDLER j OLIVER WATFORD _ WILLIAMS Motion an ied - Denied. D. eoval of i City Administrator Discussion and approval ,, - J { 47`--� — �-�-��✓--a•�-z..�.--.�%� G1 � �� ? �`-'' - c�Q--vl �y — iiL ``t-�.. � (,t_X_ .�-F.2cc-f��_c,.< _ � _ 0 "e� T �� /�; 6 /5�' d,Z 10 • /rI E. Council Member u� moved to approv between they% Wthe Okeechobee Cou seconded by Council Member VOTE -)TA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motio Came i_ Denied. } X. ADJOURN MEETING - Mayor adjourned the meeting at �s'// P.M. Page -7- • Page -1- , iA CITY OF OKEECHOBEE IS~ REGULAR CITY COUNCIL MEETING - SeptemberA, 2001 HANDWRITTEN MINUTES I. CALL TO ORDER: - Mayor: Kit'k, Septi?, s 18, 2001 City Couwncii.Ze aicw Meet%n }; 6:00 p. kw. II. OPENING CEREMONIES: Invocation offered by IZeAve -e vi& Nea Pledge of Allegiance led by Mqyor XCr III. MAYOR, COUNCIL AND STAFF ATTENDANCE - Clerk Thomas. Present Absent Mayor Kirk Council Member Chandler Council Member Oliver ✓ Council Member Watford Council Member Williams +� Attorney Cook Administrator Veach City Clerk Thomas Deputy Clerk Gamiotea IV. MINUTES - City Clerk. A. Council Member! Q., moved to dispense with the reading and approve the Summary of Council Action for the September 4, 2001 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER ' OLIVER ` WATFORD ' WILLIAMS �----� Motio Carded — Denied. V. WARRANT REGISTER - City Administrator. A. Council Member moved to approve the August 2001 Warrant Register in the amount, General Fundtwo hundred forty-seven thousand, two hundred ninety-eight dollars and one cent ($247,298.01); Public Facility Improvement Fund one hundred nine thousand, seven hundred sixty-one dollars and fifty cents ($109,761.50), Emergency and Disaster Relief Fund fifteen thousand, eighty-seven dollars and forty-four cents ($15,087.44) and Law Enforcem nt Special Fund three hundred thirty-three dollars and twenty-one cent s($333.21); seconded by Council Member _. VOTE YEA NAY ABSTAIN ABSENT KIRK " CHANDLER OLIVER WATFORD WILLIAMS Mo ' amp— Denied. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vic Page -2- VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor T •m• A.1. a) Council member 1�kz moved to remove from the table, motion to approve the first reading of proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable - City Attorney(Exhibit 1); seconded by Council Member b) Vote on motion to read by title. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER v OLIVER WATFORD WILLIAMS Motiov arrie ,,— Denied. 2. Vote on motion to approve the first reading of proposed Ordinance No. 775. econ&Uv OlwerwicA&A t21 2001 ire'-"' �\c!a VOTE YEA NAY ABSTAIN ABSENT � (z % Cc� �� (�S1L�C;u,.•4 �Lc..� aJ l� �'�tC cC�CU�Ltrrcy �� KIRK ,� CHANDLER C� , V_C . J OADCLz4 cOI�Lc (k�Czo OLIVER t, ��`�� ci f �C �, 4; u..:F 4(( WATFORD e e a �C�C$ 7 J0 rnca �d ,iak-4 fz r►iC , WILLIAMS Motion Motion Carried —Denied. Tfi' t uha,� dca s 4 P�wiA o u Px)--;,,wq AaV)> 3. a) Council Member r moved to read proposed Ordinance No. 775 by title only; seconded by Cound Member aLtt4i., b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS Motion Carried — Denied. c) Attorney Cook read proposed Ordinance No. 775 by title only as follows "AN,; ORD:I<NANE. GRANTING A F,RANCHIS,E..T0 TELf AT I iC i1tJ Si�"10 .LiMITEQ p`.: (' :.:I*I:HI ;TO CONSTRUCT, OPERATE, SAND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY OF OKEECHOBEE, FLORIDA (THE CITY); SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE.." 4 a) Council Member moved to adopt proposed Ordinance No. 775.; seconded by Council Member b) Public Discussion and Comments. c) Vote on motion. VOTE KIRK CHANDLER OLIVER WATFORD WILLIAMS YEA NAY ABSTAIN ABSENT Motion Carried — Denied. • • Page -3- 6.1.a) Council Member ? moved to read by title only, proposed Ordinance No. 777 amending insurance requirements for Temporary Structures Section 681 of the Land Development Regulations - City Attorney (Exhibit 2); seconded by Council Member b) Vote on motion to read by title only. K T YEA NAY ABSTAIN ABSENT CHANDLER OLIVER WATFORD WILLIAMS Motio arrie Denied. c) City Attorney to read proposed Ordinance No. 777 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO.716 LAND DEVELOPMENT REGULATIONS (LDR,S) SECTION 680, 681 THEREOF, TEMPORARY STRUCTURES TO PROVIDE FOR INCREASED INSURANCE REQUIREMENTS UNDER SAID SECTION; PROVIDING FOR EFFECTIVE DATE." 2. a) Council Member moved to adopt proposed Ordinance No. 777; seconded by Council Member. b) Public Comments and Discussion. cra- C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER r OLIVER WATFORD r WILLIAMS Motion arrie - Denied. CLOSE PUBLIC HEARING l:' • ?— P.M.. Tijj4, Vill. UNFINISHED BUSINESS - Mayor. Page -4- A. Report regarding City guidelines to clean up neglected property and bill the property owners - City Attorney (Exhibit 3). J(! CL -o( c,�PLA &vuud , �(-) q- C, " d Ltkazda,46 01- Clan LY,3 9� ��Cc�c Ek LA vo, U ILA Oft cO&J-1 Add T v ta--&/c ly-d6 1-4 u-tca"oI-k Ck) �J�1, - (7) o-u,4 cu� ou-, UalwqJ4A-U Cu. fvs Page -5- IX NEW BUSINESS. A. 1. a) Council Member moved to read by title only and set October 16, 2001 as a final Public Hearing date, proposed Ordinance No. 780 closing a portion of Northwest 3rd Street and the alleyways in Block 125 and 138 - City Attorney (Exhibit 4); seconded by Council Member OP . b) Vote on motion to read by title only and set public hearing date. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER V OLIVER WATFORD WILLIAMS Moto ame Denied. c) Attorney Cook read proposed Ordinance No. 780 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Council Member_ moved to approve the first reading of proposed Ordinance No. 780; seconded by Council Member b) Discussion. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK iv CHANDLER OLIVER v WATFORD Cl_ WILLIAMS Motio Carve Denied. B. Council Member Q-, moved to adopt Resolution No. 01-11 regarding enactment of legislation related to code enforcement - City Administrator (Exhibit 5); seconded by Council Member &I - Attorney Cook read proposed Resolution No. 01-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTY AND MUNICIPAL GOVERNMENT, AT THEIR OPTION, TO COLLECT LOCAL GOVERNMENT CODE ENFORCEMENT FINES, PURSUANT TO FLORIDA STATUTES CHAPTER 162, BY USE OF A NON -AD VALOREM ASSESSMENT ON THE AD VALOREM TAX BILL; PROVIDING FOR DISTRIBUTION THEREOF, PROVIDING FOR AN EFFECTIVE DATE." L,2c_:,d a�v�c c Fc� l _ u : i�w �� `t c�:l ` = C� 1 < . VOTE YEA NAY ABSTAIN ABSENT:— KIRK v �., cam, t0�_u CHANDLER ti OLIVER ✓ � WATFORD WILLIAMS Motion rri�d—enied. C Page-6- Council Member C) — moved to award a bid to g a in the amount of � t,1b for the 2000/2001 Street Improvement Projects - City Administrator (Exhibit 6); seconded by Council Mem er VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD v WILLIAMS Motion4-anibd Denied. D. Discussion and approval of installation of four new fire hydrants - City Administrator (Exhibit 7). CUP ^ P tc' 'J� a L�� i ��.� �� 1 � � C� C kayL 4 *wA, 1C<L1 � Cr, n c A$ L9Y1.' . �'�'`'C/a�,-L oclvuo- /dAtcty CU�4 ncv-s- i✓L. `� � � �� . �-�'tC�- �� .k.� � �� 1 f �� Q�` �� C'�C vu,(_`✓�c� Vic- u� Sow CL+ ULU Lc; 6 cLu- 6 4 c(u)" oAnc4toWl Page -7- E. Council Member S�N) moved to approve the Interlocal Agreement regarding tax assessment of garbage collection between the City and the Okeechobee County Tax Collector and the Okeechobee Property Appraiser - City Attorney (Exhibit 8); seconded by Council Member bu�_. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WILLIAMS rWATFORD� 2tu C.n/ Motion a�rde- Denied. Lt4kcwc-t OIL X ADJOURN MEETING - Mayor adjourned the meeting at 7 - t '� p.m. CITY OF OKEECHOBEE SEPTEMBER 18, 2001 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: September 18, 2001, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation offered by Reverend Neil Gunsalus; 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 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the September 4, 2001 Regular Meeting. SEPTEMBER 18, 2001 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the August 2001 Warrant Register: General Fund $247,298.01 Public Facility Improvement Fund $109,761.50 Emergency and Disaster Relief Fund $15,087.44 Law Enforcement Special Fund $333.21 VI. AGENDA - Mayor. • A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to remove from the table, motion to approve the first reading of proposed Ordinance No. 775 regarding a Franchise Agreement between the City and Adelphia pertaining to cable - City Attorney (Exhibit 1). b) Vote on motion. 2. Vote on motion to approve the first reading of proposed Ordinance No. 775. 3.a) Motion to read proposed Ordinance No. 775 by title only. • b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 775 by title only. 4.a) Motion to adopt proposed Ordinance No. 775. SEPTEMBER 18. 2001 CITY COUNCIL AGENDA - PAGE 3 OF 4 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. b) Public Discussion and Comments. c) Vote on motion. • B.1.a) Motion to read by title only, proposed Ordinance No. 777 amending insurance requirements for Temporary Structures Section 681 of the Land Development Regulations - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 777 by title only. 2.a) Motion to adopt proposed Ordinance No. 777. b) Public Comments and Discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. UNFINISHED BUSINESS - Mayor. A. Report regarding City guidelines to clean up neglected property and bill the property owners - City Attorney (Exhibit 3). SEPTEMBER 18, 2001 CITY COUNCIL AGENDA - PAGE 4 OF 4 IX. NEW BUSINESS. A.1.a) Motion to read by title only and set October 16, 2001 as a final Public Hearing date, proposed Ordinance No. 780 closing a portion of Northwest 3rd Street and the alleyways in Block 125 and 138 - City Attorney (Exhibit 4). b) Vote on motion to read by title only and set public hearing date. C) City Attorney to read proposed Ordinance No. 780 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 780. b) Discussion. C) Vote on motion. B. Motion to adopt Resolution No. 01-11 regarding enactment of legislation related to code enforcement - City Administrator (Exhibit 5). C. Motion to award a contract regarding the Street Improvement Projects Bid - City Administrator (Exhibit 6). • D. Discussion and approval of installation of four new fire hydrants - City Administrator (Exhibit 7). E. Motion to approve the Interlocal Agreements regarding tax assessment of garbage collection between the City and the Okeechobee County Tax Collector and the Okeechobee Property Appraiser - City Attorney (Exhibit 8). 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 ExHISIT 1 SEPT ER 18 AGENDA EXHIBIT 1 WILL BE PROVIDED BY ATTORNEY COOK • • EXHIBIT 2 ^- SEPTEMER 18 AGENDA ORDINANCE NO. 777 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 716 LAND DEVELOPMENT REGULATIONS (LDR'S) SECTION 680,681 THEREOF, TEMPORARY STRUCTURES TO PROVIDE FOR INCREASED INSURANCE REQUIREMENTS UNDER SAID SECTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance Number 716 commonly called Land Development Regulations (LDR's), under the authority of Florid statutes 163.3202, provide for implementation of the comprehensive plan adopted by the City; and WHEREAS, it is necessary from time to time to amend such regulations for valid municipal reasons or interests, to promote the health, safety and welfare of the citizens of Okeechobee; and WHEREAS, a provision for insurance coverage requirements while undertaking various functions within the City of Okeechobee offers protection to the pubic against casualty, property or personal injury loss during such functions, and must be in an amount to reasonable protect the pubic; and WHEREAS, the City of Okeechobee, Florida determines that insurance coverage requirements fo temporary structures under the LDR's is insufficient. NOW, THEREFORE be it resolved and adopted by the City of Okeechobee, Florida the following: Section One: That Section 680 TEMPORARY STRUCTURES, LDR's is amended to the following: 681 TEMPORARY STRUCTURE BY TEMPORARY PERMIT 1 (NO CHANGES) 2 (NO CHANGES) 3 (NO CHANGES) 4 (NO CHANGES) 5 Temporary Off -Premises Sales, Tent Sales, Outdoor Auctions a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off-street parking regulations of the district in which the structure is located, and all required. sign regulations. d Remove all debris within 48 hours of expiration of the permit. Page 1 of 2 e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $200,000 $1,000,000.00 per occurrence. Section Two: This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this Wh of September, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 181' day of September , 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor F - ,s,6�• MEMORANDUM Office of General 5ervicee To: Land Planning Agency Members Thru: John R. Cook, City Attorney H--C— From: Bill L. Veach, City Administrat - Subject: Revision to Land Development Regulations Section 680, No, 5. "e" Date: August 10, 2001 It has come to staff's attention that the liability insurance requirement in Section 680 Temporary Structure. No. 5, letter e is not sufficient. The following language is being proposed for your review and recommendation to the City Council (new language is underlined and the deleted is struck thfeugh): 680 TEMPORARY STRUCTURES 681 TEMPORARY STRUCTURE BY TEMPORARY PERMIT 1 (NO CHANGES) 2 (NO CHANGES) 3 (NO CHANGES) 4 (NO CHANGES) 5 Temporary Off -Premises Sales, Tent Sales, Outdoor Auctions a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off-street parking regulations of the district in which the structure is located, and all required sign regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $200,000 1 million per occurrence. cc: LaRue Planning and Management Services 2001 - Land Planning Agency - Page 3 of 4 s ': AGENDA zVT' AGON-I)TSCIiSSIN VOTE:. IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Due to this, it may be necessary to keep the home occupation as a special exception so that when Development Regulation's - LDR's). The proposed amendment specifically to an application is submitted for a home occupational license the Board of Adjustment will be able all sections regulating home occupation, continued. to address the way the business may impact the surrounding property. This Board is limited to what is brought before them as it is. However this other way of handling the home occupational 11 licenses by administrative decision may better benefit both the City and the applicant. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed amendment specifically to Section 680, No. 5, "e". Member Mueller moved to table the amendment to Volume One of the Unified Land Development Code (Land Development Regulations - LDRs) specifically to all sections regulating home occupation to the next regular meeting. Member Ledferd seconded the motion. VOTE HOOVER -YEA KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. City staff requested the Land Planning Agency review and give a recommendation to the City Council regarding a proposed amendment to the LDRs, Section 680, No. 5, "e" to increase the required liability insurance from two hundred thousand ($200,000) to $1 Million. Staff explained that all other events within the City currently obtain the$1 Million in insurance for the various events. By approving this amendment it will merely make all of the insurance requirements consistent. Member Keller moved to recommend that the City Council increase the required liability insurance for all temporary use structures from two hundred thousand dollars ($200,000) to one million dollars ($100,000,000). Member Ledferd seconded the motion. Au st 28, 2001-Land PlannIn Agency - Page 4 of 4 71 .. AGEN- A r . ;. _Y M.. ACTION-.DISIISI4N ,VOTE. , IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land VOTE Development Regulation's - LDR's). The proposed amendment specifically to HOOVER - YEA Section 680, No. 5, "e" Continued. KELLER - YEA LEDFERD - YEA MAVROIDES - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. V. ADJOURNMENT - CHAIRPERSON. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Land Planning There being no further items on the agenda, Chairperson adjourned the meeting at 7:35 p.m. Agency 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. JERRY WALKER, CHAIRPERSON ATTEST: CAROLYN ARNOLD, SECRETARY • • EXHIBIT 3 SEPTEMBER 18 AGENDA G\�A OF ok yOm o .�d�spaO 1915 ' City of Okeechobee September 7, 2001 MEMO Bill Veach from Att'y Cook re: city clean up of lots I researched this issue in Florida Statutes, and I only find two areas to approach this. 1. Under F.S. chapter 60, we can file a lawsuit to abate nuisances, and recover costs and expenses in that action. This would only be advisable for high priority, serious infractions by a landowner. 2. The code enforcement statute, chapter 162, does provide a limited procedure, and I attach a copy of the pertinent section. In 162.09, a local governing body may make reasonable repairs to make the property come into compliance, and charge all costs to the violator. Of course this requires first, that a code action and order of violation occur. Thus, we could not just pick out a lot and go clean it up and charge the owner. Secondly, this procedure is only authorized where the code board finds the violation to be serious or substantial, not the ordinary overgrowth situation. 3. If the council were concerned about sending a stronger message, we could, by ordinance that requires a 4/5 vote to approve, pass an ordinance under paragraph (d) of this statute, to increase first violator fines for up to $1000.00 per day, and repeat violators for up to $5000.00 per day. 4. Lastly, you will note that under our city codes, section 8-10, we added language in addition to that in chapter 162 to provide for city clean-up and reimbursement of costs, labor, equipment, etc. However, this also first requires code board action; and the kind of clean-up I 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 Page 2 think councilman Chandler is interested in is for any violator who refuses to comply with the code board order. Under our current code, the city administrator can authorize the clean-up, but only in the event of an emergency, or that the nuisance is of such an immediate danger or risk to the public so as to imminently affect the public health, safety or welfare. Again, this would not be likely in the usual overgrowth violation. Therefore, I am of the opinion that under current law and city codes, we are authorized to undertake a clean-up and charge the violator only with the existence of these two prerequisites: -a code board hearing has found a violation and entered an order -the violation is so serious it requires immediate action by the city JRC City Attorney ,_..,1r-,,.raOrr RRhh i- e.-r _rv.__ _ a Ch. 162 COUNTY OR made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in para- graphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is trans- ferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a rea- sonable period of time to correct the violation before the hearing is held. . History.—s. 1, ch. 80.300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360. Note. —Fortner s. 166.056. 162.07 Conduct of hearing.— (1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforce- ment board; a hearing also may be called by written notice signed by at least three members of a seven - member enforcement board or signed by at least two ` members of a five -member enforcement board. Min- a . • utes shell be kept of ail hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local goveming body shall provide h: clerical and administrative personnel as may be rea- sonably required by each enforcement board forthe proper performance of its duties. (2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local govem- ing body. If the local governing body prevails in prose- cuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included In the Ilan authorized under a. 102.09(3). (3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4) At the conclusion of the hearing, the enforce- ment board shall issue findings of fact, based on evi- dence of record and conclusions of law, and shall issue an order affording the proper relief consistent with pow- ers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven - member enforcement board, or three members of a five -member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, suc- cessors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property; any subsequent purchasers, successors in CODE ENFORCEMENT FS. interest, or assigns. If an order is recorded in the pul records pursuant to this subsection and the order complied with by the date specified in the order, t enforcement board shall issue an order acknowledll! compliance that shall be recorded in the public re= A hearing is not required to issue such an and acknowledging compliance. History.—s. 1, ch. 80.300: s. 6. ch. 82-37; s. 44, ch. 83-217; s. 6, dt M1 s. 6ch. 89.268; s. 3, ch. 94-291; s, 1443. ch. 95.147; s. 2, eh. G6 W. NW_Former s. 166.057. 162.08 Powers of enforcement boards.—U enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings.. (2) Subpoena alleged violators and witnesses hearings. Subpoenas may be served by the shenl the county or police department of the municipft, (3) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force of law tow mand whatever steps are necessary to bring a viold into compliance. History.—G. 1, eh. 00-300; S. 7, eh. 82.37: S. 7, ch. W201: S. 7, dt ai Note. —Former s. 166.058. .; 162.09 Administrative fines; costs of repair,,A (1) An enforcement board, upon notification by code inspector that an order of the enforcement Ix has not been complied with by the set time or upon) ing that a repeat violation has been committed, i order the violator to pay a fine in an amount sped in this section for each day the violation continuesp the date set by the enforcement board for compit or, in the case of a repeat violation, for each day repeat violation continues, beginning with the d* repeat violation is found to have occurred by the el Inspector. In addition, if the violation is a vlaa described in s. 162.06(4), the enforcement boards! notify the local goveming body, which may male reasonable repairs which are required to brirV1 property into compliance and charge the violatan the reasonable cost of the repairs along with Intl imposed pursuant to this section. Making such reps does not create a continuing obligation on the peel the local governing body to make further repahe maintain the property and does not create anyfebl against the local goveming body for any damspq the property if such repairs were completed In pp faith. If a finding of a violation or a repeat violalionl been made as provided in this part, a hearing d di be necessary for. -issuance of the order impo*01 fine. If, after due notice and hearing, a code erhq ment board finds a violation to be irreparable orb versible in nature, it may order the violator to payal as specified in paragraph (2)(a). :4 (2)(a) A fine imposed pursuant to this section* not exceed $250 per day for a first violation aW* not exceed $500 per day for a repeat violation, t addition, may include all costs of repairs puraueel� subsection (1). However, if a code enforcemerd finds the violation to be irreparable or irrev nature, it may impose a fine not to exceed $5, violation. (b) In determining the amount of the fine, if end enforcement board shall consider the followina 1298 20C F.S. TA auu COUNTY OR MUNICIR :orded in the u<ili�: p -` 1. The gravity of the violation; tv2 Any actions taken by the violator to correct the n and the order ii:: *Iation; and d in the order, thl der acknowledg' 43. Any previous violations committed by the viola - the public reco ie such an or 1111. (c) An enforcement board may reduce a fine Y irposed pursuant to this section. :h. 83-217; S. 6, ch. (� A county or a municipality having a population S. 2, ch. 95 297. to or greater than 50,000 may adopt, by a vote of ttkasta majority plus one of the entire governing body it boards.—E sf the county or municipality, an ordinance that gives ower to: ". enforcement boards or special masters, or both, A its hearings ; iftMY to impose fines in excess of the limits set forth paragraph (a). Such fines Ind witnesses W . :d by the sheriff shall not exceed $1,000 firdaY per violation for a first violation, $5,000 per day , he municipality,.' !arings. Pr violation for a repeat violation, and up to $15,000 pviolation if the code enforcement board or special Mister finds the violation to be irreparable or irrevers- ce of law to �hnature. In addition to such fines, a code enforce - to bring a vio ' board or special master may impose additional #sto cover all costs incurred by the local 86-201; s. 7, ctL government aiforcing its codes and all costs of repairs pursuant wwbsection (1). Any ordinance imposing such fines of repair; Arll include criteria to be considered by the code ment board or special master in determining the I n notification by ;nforcement t of the fines, including, but not limited to, those t time or upon n committed, set forth in paragraph (b). A certified copy of an order imposing a fine, or repair be i amount s :ion continues plus costs, may recorded in the public and thereafter shall constitute a lien against the and for compl' " on which the violation exists and upon any other for each day or personal property owned by the violator. Upon to the circuit court, such order shall be enforce- - with the date by the in the same manner as a court judgment by the :ion n a vio Jon i s of this state, including execution and levy the personal property of the violator, but such iich m board lice may make shall not be deemed to be a court judgment aired to bring, I for enforcement purposes. A fine imposed pur- ,e the violator to this part shall continue to accrue until the viola- along with the. comes into compliance or until judgment is rendered wilfiled pursuant to this section, whichever occurs aking such tion on the Alien arising from a fine imposed pursuant to this irther repairs runs in favor of the local governing body, and local governing body may execute a satisfaction or create any I r any damagest of lien entered pursuant to this section. After 3 in omplpeat tedviol from the filing of any such lien which remains -peat violatiaY the enforcement board may authorize the local g body attorney to foreclose on the lien or to a hearing rder impost IDrecover a money judgment for the amount of the code e 3, a cod Owa accrued interest. No lien created pursuant to rr le �, provisions of this part may be foreclosed on real which is a homestead under s. 4, Art. X of the orator to pays Constitution. The money judgment provisions of o this se Won shall not apply to real property or personal violation and which is covered under s. 4(a), Art. X of the Constitution. at violation, pairs pu . t 1, ch. 80-300: s. 5, ch. 86-201; S. 1, ch. 87-391; s. 5, ch. 89-268; t1.291; s. 1, ch. 95-297; s. 5, ch. 99.360; s. 1, ch. 2000-125. enforcement r s. 166.059. or irreve 3xceed $5, 10 Duration of lien. —No lien provided under Government Code Enforcement Boards Act the fine, d continue for a period longer than 20 years after following ed copy of an order imposing a fine has been Ch. 162 recorded, unless within that time an action is com- menced pursuant to s. 162.09(3) in a court of compe- tent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of [is pendens is recorded. History.—s. 9, ch. 82-37: s. 9, ch. 88.201; s. 9, ch. 89-268; a. 5, ch. 94-291: S. 2. ch. 2000.125. 162.11 Appeals. —An aggrieved party, including the local governing body, may appeal a final adminis- trative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.--s. 1, ch. 80.300; s. 10, ch. 82-37; s. 3, ch. a5.150; s. 10, ch. 86-201. Note. —Fortner s. 166.061. 162.12 Notices.— (1) All notices required by this part shall be pro- vided to the alleged violator by: (a) Certified mail,. return receipt requested, pro- vided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2. and by first class mail directed to the addresses furnished to the local govern- ment with a properly executed proof of mailing or affida- vit confirming the first class mailing; (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)1. In lieu of publication as described in para- graph (a), such notice may be posted at least 10 days 1299 • • EXHIBIT 4^- SEPTEI4BER 18 AGENDA ORDINANCE NO. 780 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF NORTHWEST 3RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section 1: The alleys, alleyways or streets described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A 15 foot wide alley in Block 125, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. A 15 foot wide alley in Block 138, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 1 to 12, inclusive. That portion of Northwest 3►d Street between West right of way line of Northwest 3'd Avenue to the East right of way line of Northwest 4tn Avenue, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public Records, Okeechobee County, Florida. Section 2: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Page 1 of 2 Section 3: This ordinance shall be set for final public hearing the 16t' day of October, 2001, and shall have an effler4ive date of the last date following documents being recorde n he public record with �recler of Court, Okeechobee County, Flori Easements from Okeechobee County, Florida to Florida Power and Light; Sprint -Florida, Inc; Telesat Acquisition Limited Partnership (Adelphia Cable) and the Okeechobee Utility Authority. INTRODUCED for first reading and set for final public hearing this 18' day of September, 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 161' of October, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 u . EXHIBIT 5 SEPTEMER 18 AGENDA RESOLUTION NO. 01-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION AUTHORIZING COUNTY AND MUNICIPAL GOVERNMENT, AT THEIR OPTION, TO COLLECT LOCAL GOVERNMENT CODE ENFORCEMENT FINES, PURSUANT TO FLORIDA STATUTES CHAPTER 162, BY USE OF A NON -AD VALOREM ASSESSMENT ON THE AD VALOREM TAX BILL; PROVIDING FOR DISTRIBUTION THEREOF, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the code enforcement boards of the counties and municipalities of Florida have proven effective in enforcing local ordinances and the standard codes which have been adopted to protect the health, safety and welfare of the public; while affording property owners due process of law and otherwise protection of property rights; and WHEREAS, the objective of local government code enforcement procedures is to cause properties to be brought into compliance with local ordinances and the standard codes, not be generate revenue, but the threat of fines is an effective means of causing remedial action to be taken with respect to properties in violation of local ordinances and standard codes; and WHEREAS, regardless of such threats, the recording of fines and liens against real property of the violator has not proven to be totally effective in the collection of such fines and liens; and WHEREAS, the filing of foreclosure actions to enforce code enforcement liens is difficult, expensive, often impractical, and a drastic remedy against local property owners; and WHEREAS, an effective procedure now exists for the collection of non -ad valorem assessments through the levy of such assessments pursuant to section 197.3631 through 197.3635, Florida Statutes, and such procedures should be available to counties and municipalities for the collection of code enforcement fines; therefore: NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Okeechobee, Florida that: Section 1: The City Council of the City of Okeechobee, Florida hereby expresses its support for legislation which would authorize counties and municipalities, at their option, to collect local government code enforcement fines on the ad valorem tax bill upon the recording of liens for such fines and upon compliance with the procedures set forth in Sections 197.3631 through 197.3635, Florida Statutes, and urges the Florida Legislature to enact such legislation into law. Page 1 of 2 0 • Section 2: The City Clerk is hereby instructed to submit copies of this resolution to the President of the Florida Senate; the Speaker of the House of Representative; each member of the Okeechobee County legislative delegation; the Florida League of Cities; the Okeechobee County Board of County Commissioners; and surrounding local governments, thereby requesting similar support for this measure. Section 3: This resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED this 18'' day of September, 2001. ATTEST: Bonnie S. Thomas, CMC City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook City Attorney Page 2 of 2 James E. Kirk Mayor • . ExHISIT 6 N SEPTEMBER 18 AGENDA BID TABULATION SHEET FOR PW 01-00-08-01 2000/2001 ROADWAY IMPROVEMENTS Better Roads, Inc. $364,505.10 Dickerson Florida, Inc $408,486.88 Ranger Construction Indust. Inc. $390,720.50 The City budgeted $351,978 for street improvement projects. We then deducted $62,825 for engineering, admin. and sidewalks, leaving $289,153 for actual construction costs. We designed our bid proposal in a way in which specific jobs could be "backed out" until we reached our target number. Those jobs on the attached sheet reflect the end result of this process. Therefore, it is the recommendation of our engineering consultant and staff that we award $291,650.10 to Better Roads, Inc. for the completion of the listed projects. SEP . 13. E001 10 : 54Ar9 SON, NOBLE&WEBB MC. • Nu • H. w CITY OF OKEECHOBEE ROADWAY IMPROVEMENTS FOR 200012001 Better Roads Inc. Road Project N.W, 13th Street (N.W. 9th Avenue to N.W. 10th Avenue) $44,459.60 N.W. loth Avenue (N.W. 12th Street to N.W. 13th Street) $22,842.00 South Park Street (SW 7th Avenue to US Highway 441) $164,408,50 NE 3rd Avenue (NE 3rd Street to NE 7th Street) $3,260,00 NE 7th Street (NE 4th Avenue to US Highway 441) $6,105.00 SW 2nd Street (SW 11th Avenue to SW 12th Avenue) $4,280.00 SW 14th Court (SW 6th Avenue to Dead End Sign) $6,666,00 NW 7th Avenue (NW 14th Street to NW 20th Lane) $10,145.00 NW 9th Street (NW 9th Avenue to City Limits) $14,225.00 NW 7th Street (NW 5th Avenue to NW 6th Avenue) $3,260.00 NW 6th Avenue (NW Sth Street to NW 7th Street) $3,005.00 N.W. 12th Street (N.W. 10th Avenue to N.W. 8th Avenue) $8,105.00 Total $291,660.10 B550 BID TABULATION 9-6-01.x1slBetter Roads Bid September 7, 2001 • • of ' o oyKF ILL,_^ City of Okeechobee 0 it 1915 * Bill L. Veach TO: City Council Members FROM: Bill Veach DATE: September 12, 2001 RE: New Fire Hydrants ExHIBIT 7 — SEPTEI4BER 18 AGENDA Office of the City Administrator OUA informs us that within the next 2 to 3 months they will be installing new water lines along SW 7th Ave. (from SW 9th Street to SW 15th Street) and SE 9th Ave. (from SE 9th Court to SE 15th Street). Chief Tomey indicates we need a total of 4 new hydrants along these lines, two on each line. OUA is willing to provide the labor to install these four hydrants if the City agrees to purchase the materials. Using information provided by OUA, the cost of materials for the four hydrants would be $6060.32. This will be an item for consideration at our September 18th City Council meeting. If you have questions before that time, please give me a call. 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 9 Fax: (863) 763-1686 • OKEECHOBEE UTILITAUTHORITY COST OF MATERIAL TO INSTALL FIRE HYDRANTS ON EXISTING WATER LINES Cost of any additional fittings not listed below and required for the installation will be billed at OUA cost LINE SIZES FITTI S �_ �� `16, 24 ... ��;12 �� 10 �� 8 1, 6 1, Tapping Tee, Stainless Steel $965.00 $740.00 $500.45 $417.50 $393.70 $389.50 (Main Line size with 6" outlet) Tapping Valve, 6" w/ V. Box $412.57 $412.57 $412.57 $412.57 $412.57 $412.57 Tapping Fee, 6" $350.00 $350.00 $350.00 $350.00 $350.00 $350.00 10 ft. D.I. Pipe, 6" , Cl 52 $79.50 $79.50 $79.50 $79.50 $79.50 $79.50 Fire Hydrant, 6" Connection $870.00 $870.00 $870.00 $870.00 $870.00 $870.00 Retainers, 2 on 6" Line $41.90 $41.90 $41.90 $41.90 $41.90 $41.90 SUB -TOTALS $2,718.97 $2,493.97 $2,254.42 $2,171.47 $2,147.67 $2,143.47 LABOR AND EQUIPMENT USED TO INSTALL FIRE HYDRANTS WILL BE PROVIDED BY OUA COST OF MATERIAL TO INSTALL FIRE HYDRANTS ON NEW WATER LINES Cost of any additional fittings not listed below and required for the installation will be billed at OUA cost M.J. Tee, _ (Main Line Size with 6" outlet) Tapping Tee, Stainless Steel (Main Line Size with 6" Outlet) Tapping Valve, 6" w/ V. Box Tapping Fee, 6" M.J. Valve, 6" with V. Box 10 ft. D.I. Pipe, 6", Cl 52 Fire Hydrant, 6" Connection Retainers, 2 on 6" Line Retainers, 4 M.Line + 4-6" MAIN LINE SIZES 24'� ,':' dr. ,16" y...,12° 10" 8" 6" N/A $388.00 $132.00 $106.00 $78.00 $54.06 $965.00 N/A N/A N/A N/A N/A $412.57 N/A N/A N/A N/A N/A $350.00 N/A N/A N/A N/A N/A N/A $307.95 $307.95 $307.95 $307.95 $307.95 $79.50 $79.50 $79.50 $79.50 $79.50 $79.50 $870.00 $870.00 $870.00 $870.00 $870.00 $870.00 $41.90 N/A N/A N/A N/A N/A N/A $543.80 $341.80 $267.80 $215.60 $167.60 TOTALS $2,718.97 $2,189.25 $1,731.25 $1,631.25 $1,551.05 $1,479.11 LABOR AND EQUIPMENT USED TO INSTALL FIRE HYDRANTS WILL BE PROVIDED BY OUA PRICES OBTAINED AUGUST 2001 AND ARE SUBJECT TO CHANGE (date) Okeechobee Utility Authority Board 100 SW 5th Avenue Okeechobee, FL 34973 Re: Fire Hydrants Dear Board Members: This letter shall confirm that (entity) hereby endorses the proposal that OUA fund and install fire hydrants in accordance with the following parameters as a means of resolving this issue: OUA will reserve funds equivalent to $0.50 per month per water customer to be used exclusively for the purchase and installation of fire hydrants within its water distribution system. 2. OUA will appropriate funds in its capital improvement fund for the purchase and installation of fire hydrants on all water main extension and upgrade projects initiated by OUA. Such appropriations will be sufficient to fund the cost of purchase and installation of one (1) fire hydrant per one thousand feet (1,000') of water main. 3. (entity) will fund the cost of any/all fire hydrants in excess of the number to be provided in accordance with this proposal. The cost for such fire hydrants insta#ed durina construction shall not include charges for labor and equipment. The cost -for fire hydrants installed after construction shall include charges for labor and equipment. Fire hydrants will be installed at locations to be determined by the (entity) Fire Chief. 5. Fire hydrants will not be installed on water mains at locations where available fire flow is less than 500 gpm. EXHIBIT 8 SEPTEMBER 18 AGENDA Uniform Collection Agreement THIS AGREEMENT made and entered into this day of , 20 , by and between CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, a political subdivision of the State whose address is 55 SE 3`d Avenue, Okeechobee, Florida 34974, through its City of Okeechobee and the Chair of the Council, (hereinafter referred to as "City"); and The Honorable Celeste Smith, Tax Collector, in and for OKEECHOBEE COUNTY, a constitutional officer for the State of Florida, whose address is 307 NW 5t' Avenue, Okeechobee, Florida, 34972 (hereinafter referred to as "Tax Collector"). Section I Findings and Determinations The parties find and determine: 1. City is authorized to impose and levy non -ad valorem special assessments and by Resolution has expressed its intent to use the statutory uniform method of notice, levy, collection and enforcement of such assessments, as authorized by Section 197.3632, Florida Statutes (1988 Supp.) and Rule 12D-18, Florida Administrative Code, as amended; and 2. The term "non -ad valorem special assessments" means those "assessments" or "special assessments" or "non -ad valorem assessments" levied by the City of Okeechobee of Okeechobee County for solid waste, fire, emergency medical and related systems facilities and services pursuant to ordinances as amended. 3. The uniform statutory methodology, with its enforcement provisions, including the use of tax certificates and tax deeds for enforcing against any delinquencies, is more fair to the delinquent property owner than traditional lien foreclosure methodology; and 4. The uniform method which will provide for more efficiency of collection by virtue of the assessment being on the tax notice issued by the Tax Collector which will produce positive economic benefits to City and its citizens and taxpayers; and 5. The uniform methodology will tend to eliminate confusion and promote local government accountability; and 6. Section 197.3632 (7), Florida Statutes (1988 Supp.), provides that City shall bear all cost associated with any separate notice in the event Tax Collector is unable to merge a non -ad valorem special assessment roll to provide the annual tax notice; and 7. Section 197.3632 (2), Florida Statutes, (1988 Supp.), provides that City shall enter into a written agreement with the Tax Collector for reimbursement of necessary administrative costs incurred in implementing the uniform methodology law; and 8. Section 197.3632 (8)(c), Florida Statutes, provides that City shall compensate the Tax Collector for actual costs of collecting non -ad valorem special assessments; SECTION II Purpose The purpose of this Agreement is to establish the terms and conditions under which the Tax Collector shall collect and enforce the collection of those certain non -ad valorem special assessments levied by City to include reimbursement by City to the Tax Collector for actual costs of collection pursuant to Section 197.3632(8)(c), Florida Statutes; any costs involved in separate mailings because of non merger of any non -ad valorem special assessment roll as certified by the chair of the Council City of Okeechobee or his or her designee, pursuant to Section 197.3632(7), Florida Statutes; and for necessary administrative costs, including, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming which attend all of the collection and enforcement duties imposed upon the Tax Collector by the uniform methodology, as provided in Section 197.3632(2), Florida Statutes. SECTION III Term The term of this Agreement shall commence on November of this year and shall run through November , the date of signature of the parties notwithstanding, and shall automatically be renewed thereafter for successive periods not to exceed one (1) year each, unless City shall inform the Tax Collector, as well as the Property Appraiser and the Department of Revenue, by 10 January of each calendar year if City intends to discontinue to use the uniform method of collecting each such assessment pursuant to Section 197.3632(6), Florida Statutes (1988 Supp.). SECTION IV Compliance With Laws and Regulations The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem special assessments by, and any ordinances promulgated by City not inconsistent with, nor contrary to, the provisions of Section 197.3632, Florida Statutes, and Section 197.3635, Florida Statutes, and any subsequent amendments to said statutes, and any rules duly promulgated pursuant to these statutes by the Department of Revenue. SECTION V Duties and Responsibilities of City City agrees, covenants and contracts to: (1) Reimburse the Tax Collector for actual collection costs incurred pursuant to Section 197.3632(8)(c), Florida Statutes; (2) Reimburse Tax Collector for necessary administrative costs for the collection and enforcement of the applicable non -ad valorem special assessment by the Tax Collector under the uniform law, pursuant to Section 197.3632(2), Florida Statutes, to include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming. (3) To pay for or alternatively to reimburse the Tax Collector for any separate tax notice necessitated by the inability of the Tax Collector to merge the non -ad valorem special assessment roll certified by City pursuant to Section 197.3632(7), Florida Statutes; (4) City, upon being timely billed, shall pay directly for necessary advertising relating to implementation of the uniform non -ad valorem special assessment law pursuant to Sections 197.3632 and 197.3635, Florida Statutes, and any applicable rules promulgated by the Department of Revenue thereunder. (5) By 15 September of each calendar year, the chairperson of the governing board of City, or his or her designee, shall officially certify to the Tax Collector the non -ad valorem special assessment roll on compatible electronic medium, tied to the property parcel identification number, and otherwise in conformance in format to that contained on the ad valorem tax rolls submitted to the Property Appraiser to the Department of Revenue, using DR Form 408. City shall post the non -ad valorem special assessment for each parcel on the said non -ad valorem special assessment roll and shall exercise its responsibility that such non - ad valorem special assessment roll be free of errors and omissions. City shall inform Tax Collector, as well as the Property Appraiser and the Department of Revenue by 10 January of the calendar year in which it intends to discontinue to use the uniform method of collection and enforcement of the applicable non -ad valorem special assessment. (6) City agrees to abide by and implement its duties under the uniform law pursuant to, and consistent with, all the provisions of Sections 197,3632 and 197.3635, Florida Statutes, or its successor of statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. (7) City acknowledges that the Tax Collector has no duty, authority or responsibility in the imposition and levy of non -ad valorem special assessments and that it is the sole responsibility and duty of City to follow all procedural and substantive requirements for the levy and imposition of constitutionally lienable non -ad valorem special assessments. (8) City shall indemnify and hold harmless Tax Collector to the extent of any legal action which may be filed in local, state or federal courts against Tax Collector regarding the imposition, levy, roll preparation and certification of the special assessments; City shall pay for or reimburse Tax Collector for fees for legal services rendered to Tax Collector with regard to any such legal action. SECTION VI Duties of the Tax Collector (1) The Tax Collector shall merge all rolls, prepare a collection roll and prepare a combined notice (the tax notice) for both ad valorem taxes and non -ad valorem special assessments for City pursuant to Sections 197.3632 and 197.3635, Florida Statutes, and its successor provisions, and any applicable rules, and their successor rules, promulgated by the Department of Revenue, and in accordance with any specific ordinances or resolutions adopted by City, so long as said ordinances and resolutions shall themselves each and every one clearly state intent to use the uniform method for collecting such assessments and so long as they are further not inconsistent with, or contrary to, the provisions of Sectionsl97.3632 and 197.3635, Florida Statutes, and their successor provisions, and any applicable rules. (2) Tax Collector shall collect the non -ad valorem special assessment(s) of City as certified to the Tax Collector no later than the 15t' of September of each calendar year on compatible electronic medium, tied to the Property identification number for each parcel, and in the format used by the Property Appraiser for the ad valorem rolls submitted to the Department of Revenue and if free of errors or omissions; (3) The Tax Collector agrees to cooperate with City in implementation of the uniform method for collecting and enforcing non -ad valorem special assessments pursuant to Sections 197.3 63 2 and 197.3635, Florida Statutes, and any successor provisions and applicable rules. The Tax Collector shall not accept any such non -ad valorem special assessment roll that is not officially certified to the Tax Collector by the 15t" of September of each calendar year on compatible electronic medium tied to the property identification number and in the format used by the Property Appraiser on the ad valorem roll submitted to the Department of Revenue and using DR Form 408. (4) If the Tax Collector discovers errors or omissions on such roll, Tax Collector may request City to file a corrected roll or a correction of the amount of any assessment and City shall bear the cost of any error or omission. (5) If Tax Collector determines that a separate mailing is authorized pursuant to Section 197.3632 (7), Florida Statutes, and any applicable rules promulgated by the Department of Revenue, and any successor provision to said law or rules, the Tax Collector shall either mail a separate notice of the particular non -ad valorem special assessment or shall direct City to mail a separate notice. In making this decision, the Tax Collector shall consider all costs to City and to the taxpayers of such a separate mailing as well as the adverse effect to the taxpayers of delay in multiple notices. If such a separate mailing is effected. City shall bear all costs associated with the separate notice for the non -ad valorem special assessments that could not be merged, upon timely billing by the Tax Collector. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and such of them as are corporations have caused these present to be signed by their duly authorized officers. ATTEST: ATTEST: (Name of Clerk) Clerk to For the use and reliance of legal sufficiency. OKEECHOBEE COUNTY TAX COLLECTOR DATE: DATE: CELESTE SMITH Chair only approved as to form and As authorized for execution by the City of Okeechobee of Okeechobee County at its Regular meeting. Uniform Collection Agreement THIS AGREEMENT made and entered into this day of , 20 , by and between CITY OF OKEECHOBEE OF OKEECHOBEE COUNTY, a political subdivision of the State whose address is 55 SE 3rd Avenue, Okeechobee, Florida 34974, through its City of Okeechobee and the Chair of the Council, (hereinafter referred to as "City"); and The Honorable William Sherman, Property Appraiser, in and for OKEECHOBEE COUNTY, a constitutional officer for the State of Florida, whose address is 307 NW 5`h Avenue, Okeechobee, Florida, 34972, (hereinafter referred to as "Property Appraiser"). Section I Findings and Determinations The parties find and determine: 1. City is authorized to impose and levy non -ad valorem special assessments and by Resolution has expressed its intent to use the statutory uniform method of notice, levy, collection and enforcement of such assessments, as authorized by Section 197.3632, Florida Statutes (1988 Supp.) and Rule 12D-18, Florida Administrative Code, as amended; and 2. The term "non -ad valorem special assessments" means those "assessments" or "special assessments" or "non -ad valorem assessments" levied by the City of Okeechobee of Okeechobee County for solid waste, fire, emergency medical and related systems facilities and services. 3. The uniform statutory methodology, with its enforcement provisions, including the use of tax certificates and tax deeds for enforcing against any delinquencies, is more fair to the delinquent property owner than traditional lien foreclosure methodology; and 4. The uniform method which will provide for more efficiency of collection by virtue of the assessment being on the tax notice issued by the Tax Collector which will produce positive economic benefits to City and its citizens and taxpayers; and 5. The uniform methodology will tend to eliminate confusion and promote local government accountability; and 6. Section 197.3632 (7), Florida Statutes (1988 Supp.), provides that City shall bear all cost associated with the assessment. 7. Section 197.3632 (2), Florida Statutes, (1988 Supp.), provides that City shall enter into a written agreement with the Property Appraiser for reimbursement of necessary administrative costs incurred in implementing the uniform methodology law; and 8. Section 197.3632 (8)(c), Florida Statutes, provides that City shall compensate the Property Appraiser for actual costs of collecting non -ad valorem special assessments, SECTION II Purpose The purpose of this Agreement is to establish the terms and conditions under which the Property Appraiser shall collect and enforce the collection of those certain non -ad valorem special assessments levied by City to include reimbursement by City to the Property Appraiser for actual costs incurred pursuant to Section 197.3632(8)(c), Florida Statutes; and for necessary administrative costs, including, but not limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming which attend all of the services provided to the City by the Property Appraiser, as provided in Section 197.3632(2), Florida Statutes. SECTION III Term The term of this Agreement shall commence on November of this year and shall run through November , the date of signature of the parties notwithstanding, and shall automatically be renewed thereafter for successive periods not to exceed one (1) year each, unless City shall inform the Property Appraiser, as well as the Tax Collector and the Department of Revenue, by 10 January of each calendar year if City intends to discontinue to use the uniform method of collecting each such assessment pursuant to Section 197.3632(6), Florida Statutes (1988 Supp.). SECTION IV Compliance With Laws and Regulations The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non -ad valorem special assessments by, and any ordinances promulgated by City not inconsistent with, nor contrary to, the provisions of Section 197.3632, Florida Statutes, and Section 197.3635, Florida Statutes, and any subsequent amendments to said statutes, and any rules duly promulgated pursuant to these statutes by the Department of Revenue. • SECTION V Duties and Responsibilities of City City agrees, covenants and contracts to: (1) Reimburse the Property Appraiser for actual costs incurred for services provided to the City pursuant to Section 197.3632(8)(c), Florida Statutes; (2) Reimburse Property Appraiser for necessary administrative costs for the assistance provided to the City for enforcement of the applicable non -ad valorem special assessment by the Property Appraiser under the uniform law, pursuant to Section 197.3632(2), Florida Statutes, to include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming. (3) City, upon being timely billed, shall pay directly for necessary advertising relating to implementation of the uniform non -ad valorem special assessment law pursuant to Sections 197.3632 and 197.3635, Florida Statutes, and any applicable rules promulgated by the Department of Revenue thereunder. (4) By 15 September of each calendar year, the chairperson of the governing board of City, or his or her designee, shall officially certify to the Property Appraiser the non -ad valorem special assessment roll on compatible electronic medium, tied to the property parcel identification number, and otherwise in conformance in format to that contained on the ad valorem tax rolls submitted to the Property Appraiser to the Department of Revenue, using DR Form 408. City shall post the non -ad valorem special assessment for each parcel on the said non -ad valorem special assessment roll and shall exercise its responsibility that such non -ad valorem special assessment roll be free of errors and omissions. City shall inform Property Appraiser, as well as the Tax Collector and the Department of Revenue by 10 January of the calendar year in which it intends to discontinue to use the uniform method of collection and enforcement of the applicable non -ad valorem special assessment. (5) City agrees to abide by and implement its duties under the uniform law pursuant to, and consistent with, all the provisions of Sections 197.3632 and 197.3635, Florida Statutes, or its successor of statutory provisions and all applicable rules promulgated by the Department of Revenue and their successor rules. (6) City acknowledges that the Property Appraiser has no duty, authority or responsibility in the imposition and levy of non -ad valorem special assessments and that it is the sole responsibility and duty of City to follow all procedural and substantive requirements for the levy and imposition of constitutionally lienable non -ad valorem special assessments. (7) City shall indemnify and hold harmless Property Appraiser to the extent of any legal action which may be filed in local, state or federal courts against Property Appraiser regarding the imposition, levy, roll preparation and certification of the special assessments; City shall pay for or reimburse Property Appraiser for fees for legal services rendered to Property Appraiser with regard to any such legal action. SECTION VI Duties of the Property ppraiser (1) The Property Appraiser shall provide to the City access to all its records pertaining to properties within the City of Okeechobee; provide access to all compatible electronic medium within the department, particularly those records keyed to property identification numbers of parcels located within the City, for use by the City in preparing notices, tax collection rolls, or other documents necessary to implement the non-advalorem special assessment, pursuant to Florida Statutes 197.3632(1)(f), its successor provisions or any applicable rules. (2) The Property Appraiser agrees to co-operate with the City in implementation of the uniform method for collecting and enforcing non-advalorem special assessments pursuant to sections 197.3632 and 197.3635, Florida Statutes, and any successor provisions or any applicable rules. (3) If the Property Appraiser discovers errors or omissions for any parcel or property identification number on parcels of land located within the City, the Property Appraiser shall promptly notify the City of such error or omission, for preparation of the appropriate notice to owner by the City. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and such of them as are corporations have caused these present to be signed by their duly authorized officers. ATTEST: OKEECHOBEE COUNTY PROPERTY APPRAISER DATE: ATTEST: (Name of Clerk) Clerk to For the use and reliance of legal sufficiency. WILLIAM SHERMAN I� Chair DATE: only approved as to form and As authorized for execution by the City of Okeechobee of Okeechobee County at its Regular meeting. TO: FROM: CITY OF OKEECHOBEE MEMORANDUM Mayor and City Council Bill L. Veach, City Administrator DATE: September 12, 2001 SUBJECT: Status Report Below is a brief summary of past and upcoming events. ADMINISTRATION 1. Industrial Park/Sheffield Environmental - We have been notified that we will receive the $1.2 million EDA grant. The $1.125 million Transportation Grant is in place. The $600,000 CDBG Grant awaits signatures. The only remaining obstacle to the project is Sheffield's financing. 2. Steve Robbins, the attorney retained to assist in the GRIT case, has filed necessary claims. The City's proof of claim for the bankruptcy proceeding has been filed by our bankruptcy attorney, Usher Brown. The City is soliciting assistance with claim administration. 1 r ADMINISTRATION CONTINUED 3. Safety Program - The Safety Manual has been approved. We will now move forward with the implementation of a new safety program. This program should help make the City's work environment safer and will qualify us for a reduction in our insurance rates (the same way implementing a drug -free program did). 4. Adelphia Cable TV Franchise Agreement Renewal - A proposed franchise agreement is under review by the City Attorney. This will come before the Council at our next meeting. 5. Budget -A proposed budget is prepared. The first public hearing is scheduled for September 12th at 5:01 p.m. The final hearing is scheduled for September 27' at 5:01 p.m. POLICE We have officially been served in the Pam Miller lawsuit. DEPARTMENT Through our liability insurance, we will be provided with attorney services. That attorney is Brian Walsh. Additionally, Charlene Hammer is pursuing a claim against the Police Department in regard to a traffic accident. Gallagher, Bassett Services represents the City in this claim. 2 s PUBLIC WORKS The Director of Public Works and the City Administrator met with our engineering consultants and an RFP containing the street project priorities of the City Council was advertised. Bids were opened on September 51. OUTSTANDING ISSUES Updating and modernization of City Ordinances - Code - Book and LDR's; Telecommunications; Departments and CITY ATTORNEY Offices; Planning and Development; Streets and Sidewalks; Subdivision Regulations; Water and Sewer Regulations. The City Clerk has contracted with a firm for this service. 1. September 25, 2001 Meeting - Board of Adjustment will BOARD OF ADJUSTMENTS hear a petition for a variance request from the required ten - foot side setback in Residential Multi -Family (RMF). The property is located at 177 S.E. 13' Avenue. The property owners and applicants are John W. and Kim E. Burnett. 2. September 25, 2001 Meeting - Board of Adjustment will hear a petition for a special exception request to allow a satellite antenna within a Residential Multi -Family (RMF) Zoning District. The property is located at 310 S.W. 6th Street. Corporation of the Presiding Bishop, Church of Jesus Christ of Latter Day Saints, property owner; Bob Kapherr, applicant. 3 0 . CODE 1. Most of the Southwest section that we have been dealing with ENFORCEMENT have fairly well come into compliance. There are approximately fourteen that we are trying to work with and get them resolved. 2. The Code Enforcement Board Meeting on September 11 ' was canceled due to several reasons. Hopefully, we can reschedule within the next two weeks. 3. Of the four cases that were on the agenda, one has come into compliance, two have contacted me and are willing to work with us once they saw their names in the newspaper. And the fourth case is one that was held over from the Southeast section of town that has not been resolved. 4. In reference to Marvin Brantley's yacht in Taylor Creek, we have finally been able to get the Core of Engineers to accept partial responsibility under their guidelines. I spoke with an officer from the Core of Engineers on September 12'. He said he would speak with Mr. Brantley about the yacht and it would depend on Mr. Brantley's attitude whether he will give him a citation or not. 0 • 0 OUTSTANDING 1. Modernize Code Enforcement Policies and Procedures ISSUES (Chief Tomey 8r. Attorney Cook) 2. Enhanced 911 (City and County Staff) Long -Term: 1. Apply for CDBG Grant for continuation of Downtown Project. The City Administrator has had preliminary discussions with DCA. We may be a year or two away from the next phase of this project. However, the Administrator has begun discussion which will hopefully lead to business/volunteer participation. Also, we are looking at the possibility of redoing another park (West end). 2. Address traffic congestion problems due to hurricane evacuations. - The City has been asked to participate in the planning of the widening of SR 70 in Okeechobee. The Police Chief, Public Works Director and Administrator recently took part in DOT discussions regarding improvements to 441 North. 3. Construction of bridge over Taylor Creek for access to City property - This is being addressed in conjunction with the Sheffield proposal. 5