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1997-09-16 Regular Meeting_ 431 fill °KEECy ° CITY OF OKEECHOBEE SEPTEMBER 165 1997 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 6 A. Call Meeting to order on September 16,1997 at 7:00 p.m. - Mayor Kirk called the September 16,1997 Regular Meeting to order at 7:00 p.m. Mayor Kirk. B. Invocation offered by Chaplin Wismael Sanchez; Chaplin Sanchez offered the invocation; Pledge of Allegiance led by Mayor Kirk. Mayor Kirk led the Pledge of Allegiance. C. Mayor and Council Attendance: Clerk Thomas called the roll: Mayor James E. Kirk Present Council Member Noel A. Chandler Present Council Member Lowry Markham Present Council Member Robes Oiiver Present Council Member Dowling R. V'iatrord. Jr. Present Staff Attendance: City Administrator Robert J. Bradshaw Present City Clerk Bonnie S. Thomas Present Deputy Clerk S. Lane Gamiotea Present D. Motion to dispense with the reading and approve the Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Budget Workshop Summary of Council Action for the Budget Workshop of of August 26,1997 and Regular Meeting of September 2,1997; seconded by Council Member Markham. There being no discussion August 26,1997 and Regular Meeting of September 2,1997. lion this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 432 E. Motion to approve the Warrant Registers for the month of August 1997 in the amounts: General Fund .............. $269,032.44 Public Facilities Fund ........ $ 2,446.40 REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL OF ITEMS ON TODArS AGENDA. F. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTiON a) Motion to remove from the table. proposed rar, Z, permits and structures. SEPTEMBER 16,1997 - REGULAR MEETING - PAGE 2 OF 6 Council Member Watford moved to approve the Warrant Registers for August 1997 in the amounts: General Fund two hundred sixty- nine thousand, thirty-two dollars, forty-four cents ($269,032.44) and Public Facilities Fund two thousand, four hundred forty-six dollars, forty cents ($2,446.40); seconded by Council Member Markham. There being no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. Mayor Kirk asked whether there were any requests for addition's, deferral's or withdrawal's of items on today's agenda. New Business item number four was withdrawn. Mayor Kirk opened the Nubiic Hearing for Ordinance doption at 7:06 P.M. Council Member Chandler moved to remove from the table. proposed Ordinance No. 703 regarding temporary use permits and s�ctur cnc- KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. b) Hear from City Attorney regarding proposed Attorney Cook requested the language in proposed Ordinance No. 703 be scrapped and an entirely new ordinance be presented to Ordinance No. 703 - Attorney Cook. address temporary use permits, structures and peddlers license. The Town of Jupiter adopted a new ordinance challenged in the courts system and the City won. Their attorney is forwarding a copy to us to use. The new titre will be presented for first reading at the next Council meeting. Administrator Bradshaw advised that the business owners and citizens who were present at past meetings concerning this issue were contacted before the meeting that this issue would be postponed and are being kept informed. 433 SEPTEMBER 16,1997 - REGULAR MEETING - PAGE 3 0 F 6 F. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED 1. c) Motion to postpone action on proposed Council Member Watford moved to remove proposed Ordinance No. 703 from the agenda and re -advertise for the October 7, 1997 Ordinance No. 703 until the October 7, 1997 meeting; seconded by Council Member Oliver. meeting. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. CLOSE PUBLIC HEARING 111 Mayor Kirk closed the Public Hearing 7:10 p.m. G. UNFINISHED BUSINESS a 055 concerning ex-parcommunications and 1. Ex -pare Communications Pciicy -attorney Cook. Attorney Cook advised 'that he has reviewed the language in Florida Statute 2iSo. forwarded it to Administrator Bradshaw. The basics are if a City does not have a policy the court will interpret that board members do not investigate, research, or discuss any proposed land use issue. If the City does have a poiicy adopted by ordinance or resolution d land t:se i sorn�y SIa C L'l�eilne a boar � i ,e lue, iS 10ilov f"Ine e to inv=- agate, r e-reai disc;..,.. Z,n j r rro,,,ose Cook recommended the City adopt a particular policy stating the guidelines. The Council discussed the issue at length. Council Member Watford stating the Council should adopt a policy if Members are going to research or discuss potential issues. Council Member Markham agreed, if it did not "tie his hands" in anyway from being able to talk to citizens. The Council directed Attorney Cook to draw up proposed language as presented in Florida Statute 286.055, in resolution form to consider at the October 7,1997 meeting. H. NEW BUSINESS 1. Presentation of Certificates of Appreciation to Larry Mayor Kirk presented a plaque to Conrad Glore in appreciation for his sixteen years of dedicated service to the City as a Maintenance Mobley and Conrad Glore- Mayor Kirk. I Operator in the Public Works Department Mr. Glore is retiring at the end of September 1997. 434 SEPTEMBER 16,1997 - REGULAR MEETING - PAGE 4 OF 6 H. NEW BUSINESS CONTINUED 1. Presentation of Certificates of Appreciation to Larry Mayor Kirk then read aloud the Certificate of Appreciation and presented it to retiring Chief of Police, Lary Mobley. Mobley and Conrad Glore- Mayor Kirk. "Whereas, Larry Mobley has submitted his resignation as Chief of Police; and Whereas, Larry Mobley served as Chief of Police for twenty years; and Whereas, Larry Mobley has shown unselfish dedication in the performance of his duties as Chief of Police; Now, Therefore, We the City Council of the City of Okeechobee, Florida do hereby commend Larry Mobley for his excellent record of service as Chief of Police and extend the gratitude of the citizens of the City of Okeechobee for a job well done. " Motion to appoint Kicky bonneii and Roger Jones as Council Member V,,latfor4 moved tc appoint R;cky Bonnell and Roger Jones as Trustees to thie General Employees Pension Fund, for term be innin December 1. 1997, and runnlna through NGvemb�r 30, 199G: seconded by Council Member Marl`ham. There being Trustees to the General Employees Pension Fund, 9 9 term beainnina December 1. 1997 through no discussion on this item, the vote was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 3. Motion to approve partial pay request number one to Ranger Construction in the amount of $10,111.95 for 96/97 Roadway Improvements - Public Works Director Elders (Exhibit 2). Council Member Oliver moved to approve partial pay request number one to Ranger Construction in the amount of ten thousand, one hundred eleven dollars, ninety-five cents ($10,111.95) for 96/97 Roadway Improvements; seconded by Council Member Watford. Council Members stated their concerns that the project was behind schedule. Public Works Director Elders responded that they are taking longer, the project started late and that the engineers are pushing them. Other than that the work has been satisfactory. 435 SEPTEMBER 16,1997 - REGULAR MEETING - PAGE 5 OF 6 H. NEW BUSINESS CONTINUED 3. Motion to approve partial pay request number one to There being no further discussion, the vote was as follows: Ranger Construction in the amount of $10,111.95 for 96197 Roadway Improvements continued. KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES 11 MOTION CARRIED. 4. Discuss City Fire Department responding to all The item was withdrawn from agenda. Signal-4 calls within the City Limits - Council Member Chandler. Motion to approve a Quit Ciaim Geed to for that Attorney Cook updated the Councii on the history of Southwest 2nd Avenue between i5ih and 16th Streets. According to portion of' Southwest 2nd Avenue lying betwe-en research by Clerk Thomas. Ordinance No. 251'adopted August ^, 1952) had an incorrect legal descriptor; and closed a part of Southwest 15th and 16th Street less the South 30 Southwest 2nd Avenue between 16th and 17th Streets. The School Board had ownership of Blocks 27 and ZR South i��GiluGG� J LI cI J 3) purchased from Everglades Drainage Commission. Late, it was discovered that when the School Board deed d th- Blocks and street to the County the legal description for the street between blocks 27 and 28 was incorrect. (OR Book 174, Page 757, August 26, 1975). This property was the old football field many years ago. The County in the mean time, has sold Block 28, but maintained ownership of Block 27 and Southwest 2nd Avenue. The property appraiser's office has listed Block 27 and that part of Southwest 2nd Avenue between 15th and 16th Street as belonging to the County for many years. By approving the quit claim deed the City is not saying we have any ownership of it, but if we do, we are giving it to the County, which is what was supposed to have been done in 1952. Citizen Bill Osterman asked if the street would be divided between the two property owners on each side of the avenue. Attorney Cook advised that this action by council is preliminary to resolving the error in the legal description of Ordinance No. 251 only. The County is planning to use Block 27 and that part of the Avenue described to build the new public library and this situation must be cleared up first Council Member Markham moved to approve a Quit Claim Deed to that portion of Southwest 2nd Avenue lying between Southwest 15th and 16th Street less the South 30 Feet to Okeechobee County; seconded by Council Member Oliver. 436 H. NEW BUSINESS CONTINUED 5. Motion to approve a Quit Claim Deed to for that portion of Southwest 2nd Avenue lying between Southwest 15th and 16th Street less the South 30 Feet to Okeechobee County continued. Adjournment - Mayor Kirk. PLEASE TAKE NOTICE AND BE ADVISED that if a person decides to appeal any decis;cn made 5y t,'- City CcunC:l With respect tC any matte' considered at this meeting, nz,sne may neEO is Insure ma'L a veroaUm recoro 01 ine proceeOing is "i "c if',c t;.. wTi Cii;/ anC ..0=, n'h'1. 1, u e aGCec, w La L a S a C..-; iaCc rc,CCr0m,z t ii iS ilia t liCiern S j - ATTEST: i _ JAMES E IRK, MAYOR BONNIE S. THOMAS, CMC, CITY CLERK SEPTEMBER 16,1997 - REGULAR MEETING - PAGE 6 OF 6 There being no further discussion, vote on motion was as follows: KIRK - YES CHANDLER - YES MARKHAM - YES OLIVER - YES WATFORD - YES MOTION CARRIED. 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CD CD , CL =r Cc CD cr Cn CD 0 g C�: CD 'Er =r CD =3 O 0 m 0 x 0 > ;u > CD CD cr -M M ;R Z z 0 ;a = 0 > CD cr (D M M LD. =3 22 m m U3 0 m 0) CO m CO) 0 CD CD cn 0 Cf) cn 0 CD O 0 CD :3 0 ili 0 7z Cv U) 0 0 =3 0 CD CL (n =37 (D CO CD CD cr CD C.0 cD CD rn =3 A. Call regular meeting to order: N CITY OF OKEECHOBEE 09/16197 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES Invocation: /c� Pledge--�� Mayor, Council & Staff attendance: Mayor Kirk Councilman Chandler Councilman Markham Councilman Oliver Councilman Watford Attorney Cook Administrator Bradshaw Clerk Thomas Deputy Clerk Gamiotea PRE'',ENT ABSENT 17— D. Council Member C4 moved to dispense with the reading approve the Summary of Council Action for the u et Workshop of August 26, 1997 and Regular Meeting of Septeniher 2, 1997; seconded by Council Membee' . DISCUSSION: VOTE: YES No ABSENT ABSTAINED II II'I Ini1' I,:`1 , !II : qARR ED/DENIED L — — E. Council Member moved to approve the Warrant Registers for the month of August, 1997 in the amounts: General Fund two hundred sixty-nine thousand, thirty-two dollar,;, forty-four cents ($269,032.44) and Public F c ities Fund two thousand, four hundred forty-six dollars, forty cents ('112,446.40); seconded by Council Membe DISCUSSION: VOTE: YES No ABSENT ABSTAINED ED/DENIED Mayor Kirk asked whether there were any REQUESTs FOR ADDITIONS, DEFERRALs OR WITHDRAWALs OF ITEMS ON TODAY'S AGENDA. Page 1 of 7 F. Mayor Kirk OPENed the PUBLIC HEARING FOR ORDINANCE ADOPTION at P.M. 1. a) Council Member moved to rer>>ove fi „m the table, proposed Ordirtance No. 703 regarding temporary use permits and structures; seGOMIA by Council Member VOTI i YES No ABSENT ABSTAINED D/DENIED b) Hear from City Attorney regarding proposed C?i dinance No. 703 - Attorney Cook. 71 r. ��� `-- Cam.-�.• c) Council Member �V moved to postpone action on proposed Ordinance No. 703 until the October 7, 1997 meeting; seconded by Council IvIeniVi DISCUSSION: VOTE: YES No ABSENT ABSTAINED CLD/DENIED Mayor Kirk CLOSEd the PUBLIC HEARING at P.M. Page 2 of 7 G. UNFINISHED BUSINESS 1. Ex-parte Communications Policy - Attorney Cool,:. .izue� A� . ve 12 (� _ Page 3 of 7 H. NEW BUSINESS _j 1. Presentation of Certificates of Appreciation to Ldri y [,,,i,()i)ley and Conrad Glore- Mayor Kirk. Page 4 of 7 H. NEW BUSINESS CONTINUED 2. Council Member L& moved to appoint kicky 1 Connell and Roger Jones as Trustees to the General Employees Pension Fund, term beginning D embE:r 1. 1997 through November 30, 1999 - Clerk Thomas (Exhibitl); seconded by Council Member 3 ' DISCUSSION: I.IA'I li `,P YES No ABSENT ABSTAINED C R�'ED/DENIED 3. Council Member_ moved to approve partial poly request number one to Ranger Construction in the amount of $10,111.95 for 6/97 Roadway Improvement!. - Public Works Director Elders (Exhibit 2); seconded by Council Member . DISCUSSION: _ I C. VOTE. �- -- -- Lam) YES No ABSENT ABSTAINED ZRD/DENIED Page 5 of 7 H. NEW BUSINESS CONTINUED 4. Discuss City Fire Department responding to all Siqwil-il (:, ills within the City Limits - Council Member Chandler. Page 6 of 7 H. NEW BUSINESS CONTIN E 5. Council Membe moved to approve a (Alit CIS m Deed to for that portion of Southwest 2nd Avenue lying between Southwest 15th and 16th Street I ss the )uth 30 Feet to Okeechobee County - Attorney Cook (Exhibit 3); seconded by Council Member DISCUSSION: C. VO L ' YES No ABSENT ABSTAINED i , R�I D/DENIED Page 7 of 7 CITY OF OKEECHOBEE 09116/97 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES A. Call regular meeting to order: �� t �: t '_�� '_` /�� / >'"(' �• (���! y" B. Invocation: :r i -, Pledger) C. Mayor, Council & Staff attendance: PRE`�ENT ABSENT Mayor Kirk # Councilman Chandler 1/ Councilman Markham` Councilman Oliver Councilman Watford _ r Attorney Cook Administrator Bradshaw Clerk Thomas Deputy Clerk Gamiotea D. Council Membermoved to dispense with the reading approve the Summary of Council Action for the Budget Workshop of August 26, 1997 and Regular Meeting of September 2, 1997; seconded by Council Member _-1i .. DISCUSSION: VOTE: YES No ABSENT ABSTAINED I i I'I i�l l 'I�1 : CARRIED/)DENIED E. Council Member C t_-0 moved to approve the Warrant Registers for the month of August, 1997 in the amounts: General Fund two hundred sixty-nine thousand, thirty-two dollar forty-four cents ($269,032.44) and Public Facilities Fund two thousand, four hundred forty-six dollars, forty cents (''2,446.40); seconded by Council Member 1jr). DISCUSSION: VOTE: r"YC .' _ YES No ABSENT ABSTAINED L-_ CARRIW/DENIED Mayor Kirk asked whether there were any REQUESTs FOR ADDITION s, DEFERRALs OR WITHDRAWALs OF ITEMS ON TODAY'S AGENDA. _ r 1 i { Page 1 of 7 F. Mayor Kirk OPENed the PUBLIC HEARING FOR ORDINANCE ADOPTION at P.M. 1. a) Council Member moved to remove fioni the table, proposed Ordinance No. 703 regarding temporary use permits and structures; seconded by Council Member /k" VOTI YES No X ABSENT ABSTAINED IEDYDENIED b) Hear from City Attorney regarding proposed Ordinance No. 703 - Attorney Cook. q J I q! 4- C) DISCUSSION: Council Member moved to postpone adion on proposed Ordinance No. 703 until the October 7, 1997 meeting; seconded by COL11161 Meinb(li VOTE: YES No ABSENT ABSTAINED /DENIED Mayor Kirk CLOSEd the PUBLIC HEARING at P.M. Page 2 of 7 G. UNFINISHED BUSINESS 1 Ex-parte Communications Policy - Attorney Cook. < " I U, jj- lk� ta A 17- 7 L L C IA if C jA i kJ j kT Au -6 l�,`_� (� 7MA Cr J1, 7 0 Xi J �i 4 Ov �A, C �Y `P'age 3 of 7 �`, �. >, �, ��y _ .� �., � � ;_- c,,�-� ; t�� �,� ter° � � �-Ci < ,_ ' C �� � .,��_ - 1 �-� J � ' �� \ J � � t __ , `\ _--- y _ L 7 �, G_ - _ ,��" �'`' 4 � i 1 H. NEW BUSINESS 1 Presentation of Certificates of Appreciation to L(m i y [\/]()I)Iey and Conrad Glore- Mayor Kirk. p a. Page 4 of 7 H. NEW BUSINESS CONTINUED 2. Council Member t� moved to appoint Dicky I lonnell apd Roger Jones as Trustees to the General Employees Pension Fund,%rm beginning December 1. 1997 f66u`gVNovember 30, 1999 - Clerk Thomas (Exhibit 1); seconded by Council Member _ Y l_ . DISCUSSION: r , II, YES No ABSENT ABSTAINED (ARRIEI/DENIED 3. Council Member _ moved to approve p i-tial p,+y request number one to Ranger Construction in the amount of $10,111.95 for 96/97 Roadway Improver ient:> - Public Works Director Elders (Exhibit 2); seconded by Council Member 'D DISCUSSION: 1101 ltJt C. VO FE I YES No ABSENT ABSTAINED CARRIED/DENIED {4?k Page 5 of 7 H. NEW BUSINESS CONTINUED 4. Discuss City Fire Department responding to all Signal-4 c' ills within the City Limits - Council Member Chandler. All Page 6 of 7 H. NEW BUSINESS CONTINUED 5. Council Member LO) moved to approve a Oull Cl,;iin Deed to for that portion of Southwest 2nd Avenue lying between Southwest 15th and 16th Street less the ''outh 30 Feet to Okeechobee County - Attorney Cook (Exhibit 3); seconded by Council Member DISCUSSION: C. Vo FL. z"-k - i YES No C 3 fl -ctr-� 0-Ld ABSENT ABSTAINED ji T:1 (�j 1: CARR*/DENIED 4 L ti V-, Page 7 of 7 -0 G) c CD v -n 0• c 0 m 0- c• O Q m ;: O_ 0 0 v 0 (D (D N v (D (Q (D rn O (D 3 O zr 0 c co co (D w 0 rZ D ((DD 0 (0 = C 0 � O CD ° �(n 0 m (D _0 .. (D 3 m (D W -, Q N �• _ (Q (D 0) J 0 0 < (D (D cn C 3 v 0 C� 0 c D 0 0 ZT (D cn � 0 C!nt7C)�C�C�C�C��sv ? 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O o Q «� 0 CD o (D 0 O CD C (D `' 0 v 07 �n --I n cn m (OD a � m _ Cl <n n O v (D (D .. O .� U)�' O m 0 cn ; O _'7 t ((DD N 1 n( (D (n O O (D (P� 0 D ,-. m ; m m X� -11 (D _. O' 0 0Cr TJ (D O (D (D — O O (D J) Tt O cy c ) C (D O W (D -i Cl .fir (D (D )' = G� �Z m �c (D (/) Z m v N O D O l (D O v (hD O a (D C) v� 0 0 O mo 0 m ZR O T c z z CA 2 m v W c U) z ''m^^ VI 0 a- O_ O 0 a 0 U) O O m v 0 0 0 O ..0 0 a O m Q _Q O v O n CD Z O O w c D m O 0 (D v (0 4 (D (D (Q CD v 0 0 D O CD (D v Q 5' (n a 0 a O (D n. Q D v O m z O 0 w D 0 3 m n O O Fi CROC -v m z v � � C W r o m Dm o � m Z 3 G) 0 -n \Vmm 00 3 ;U 3v oz cr Z CD n _0 m $ v 00 CL O ZQ n' i O � n m O z o --477 Q w (D (0 v a 5' (Q (D -3a O n) C N (D a (D N Q C C (D m m 9 W m rn m to 4 O m z v a D O m N O m N August 1997 Warrant Registers General Fund: $2699032.44 Public Facilities: $ 2,446.40 CIN of MEMORANDUM TO: Mayor and Council Members FROM: Bonnie S. Thomas, City Clerk�4� /Ig EXHIBIT 1- SEPT 16 AGENDA Okeechobee Office of City Clerk & Personnel DATE: September 11, 1997 SUBJECT: Pension Trustee Appointment The current members of the Board of Trustees of the City of Okeechobee and the OUA Pension Plan's terms end November 30, '1997. Wei contacted Mr. Roger Jones, the City Council appointee and he has agreed to contirwe to serve on this board. We also conducted the appropriate voting procedure amory i the City Employees and they have chosen Ricky Bonnell to continue to serve. Please coi isider approving these appointments to the pension plan. Should you have any questions regarding this plea,:,e call. Thank You! OKEECHOBEE UTILITY AUTHORITY P.O. Box 835 Okeechobee, Florida 34973-0835 August 22, 1997 Mr. Robert Bradshaw City of Okeechobee 55 S.E. 3rd. Avenue oKeechoL ee, Ficriaa 34574 Re: Employee Pension Plan Dear Mr. Bradshaw: (941) 763-9460 FAX: (941) 763-9036 The current n`ic rnbe.rS of the Board of Trustees or tifle City of Okeechobee and the Okeechobee motility Authority Pension a'lan are (1) Rti oky Bonnell (City Employee) (2) Roger Jones (Cray Council Appointee) (3) Lyn Lowe (OUA Employee) (4) Landon C. i=orf.ner, Jr. ((DUA Appointee) and (5) Jerry O'Sannon (Pension Board Appointee). The 2 year term of the first four trustees expires November 30, 1997. Mr. O'Bannon's tei-in expires December 31, 1997. According to Section 3 of the City Ordinance csia'Dlishing the current Pension, Plan. the City Employee serving as Trustee must be ,aided each term by a majority vote of the City's General Employees. Piease determine vv-hi6j'1 City e moloyo��cs woul,' ,e %villing .tSV serve as a trustee and have their narrres oiaced on a ballot. 11'4fhen the oaliot is established, please have the r ,ty's General s=mpioyees vote by writ -Lien ballot '� o elect one .,ity Employee to serve a 2 A/ear term as Trustee. The name of the elected eniploye e: +nn •,,,ith the narno(s) of C?ty Resic nts willing zap Serve, as truster? Should be pres&: tee Cif ' Counu'i for iiheir approval. The tr_Is;c c s s'roeuld he a�7proved r7';N t� :,1 v CCcurx.;! before NoveMber` 30, l �J97. Thank you for your assistance in this matter and please let me know if you need any additional information. Sincerely, Landon C. Fortner, Jr. Executive Director City of Okeechobee General E plow,e's Pension Members 09/03/97 Volunteers for Pension Board Borenstein, Nina 10-24-94 Bradshaw, Robert 07-14-97 Parker, Lola B. 03-07-97 Williams, Lydia Jean 06-20-83 Gamiotea, S. Lane 07-14-89 Thomas, Bonnie S. 01-02-79 Castorina, Bea 02-14-72 Jones, Melanie K. 10-15-96 Fell, Beverly_ 04-15-94 Lancaster, Kelly 01-06-97 Manson, Rebel 03-18-92 Ridley, Rena L. 04-23-96 Suarez, Terisa G. 06-07-85 Wilson, Glenda 02-27-96 _ _ Bonnell, Richard P. 11-02-93 Brumley, William Shane 05-12-95 Elders, Charles E. 02-03-75 Fisher, Alfred L. 11-16-81 Glore, Conrad 08-21-81 Juarez, Amado S. Sr. 05-14-82 Lamb, Palmer Cleveland 06-26-73 Selph, Floyd 10-12-90 (Executive ` ;ecreta Administrator Finance Coordinai Administrative Se( Administrative Set ,City Clerk Administrative Sec Custodian Dispatcher Dispatchei Records Clerk �Drspatchei IAdministralive Set (Dispatcher Maintenance Oper 'Maintenance Oper Director Equipment Mecha Maintenance Oper Maintenance Opel Maintenance Fore Maintenaric.e Oper Yes/No Votes ry\ T .or ;reta -- - ry ;retary---- f -- Q � --- -- — - -- - ;retaryI ;retary % ---- nic -ator i ;t tl' man "ator -- 1 - Cit� of Okeechobee Office of*the City Clerk & Personnel MEMORANDUM TO: All General Employee Pension Members DATE: August 26, 1997 FROM: Bonnie S. Thomas, City Clerk/Persounel/"SUBJECT: Pension Board Member Administrator It is time once again to solicit nantr; (d who are members of the General Employee's Pension I't 11 t c 1 1- v(d t it t I eer to have their name placed on the ballot for a general eiu-Icrtion for a Trustee to serve a two year term. If you would be interested in this vcry r-.ri I i m, position please submit your name by contacting the City Clc l k ' ; t > I I i rr rio later than Friday, September,` Once all the names a r(, s t t 1) n t i i i c d i ballot will be made and distributed to elect a Trustee by ttN,()te. Remember, Yr pension plan needs yWtt ! I1,11;11tk You!!! /lg TO: All General Employee Pension Members FROM: Bonnie S. Thomas, City Clerk/Personnee Administrator /Ig CILL of Okeechobee Office i f City Clerk & Personnel DATE: September 9, 1997 SUBJECT: Pension Board Member Ballot Please vote for one (1) of the following empl()yo(,,� to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell �. Lydia Jean Williams 11-11;11 il; You! CI of Okeechobee Office qf Cite Clerk & Persotind MEMORANDUM TO: All General Employee Pension Members FROM: Bonnie S. Thomas, City Clerk/Personneo Administrator /Ig DATE: September 9, 1997 SUBJECT: Pension Board Member Ballot Please vote for one (1) of the following einployee' : to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell 5 Lydia Jean Williams (-I la Ik You! City of O MEMORANDUM echobee Office of Ci[y Clerk & Personnel TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personnep SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Ifial ik You! CI of Okeechobe Office t!f Of, Clerk Sr Persoysucl MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee's to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Thai rk You! City of Okeechobee Office t?f Cify Clerk SF Personnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/PersonnO� SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig —Hmiik You! cit MEMORANDUM echobee Of fire of Crty Clcrk & Persnmul TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personneo SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee',: to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig 1-1aaik You! CitV of Okeechobee Oflice q f Ci(y Clerk & Personnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne)4I SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'f: to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig TI1�11 lk You! CI of Okeechobee Office of City Clerk & Personnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personneo SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following einployee'f, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Y' Lydia Jean Williams /Ig TI lal I ; You! CItV Of MEMORANDUM eechob 01lice i!f Cily Clerk & Persoun d TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne)II SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following einployee'�, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Thai ik You! CI of Okeechobe OfTice of Ci J' Clerk & I'ersunnd TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell 4 Lydia Jean Williams /Ig TI 1�11 ]k You! CitV of Okeechobee Oflice ofCity Clerk & Personnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne)II SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'f� to serve as Trustee on the General Employees Pension Fund and return to the City -Clerk's Office by Thursday (9/11197) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Tl is rk You! CitV of Okeechobee Office (f Cite Clerk & 1'ersoyin d MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne)41 SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11197) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Tlrai Ik You! CitV of Okeech Officr (f Cite Clerk & Persinand MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig Thank You! CI MEMORANDUM TO: All General Employee Pension Members eecnoolee 01/ice t!f Ci y? Clerk Sr- Personnel DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/PersonnO� SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee', to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell`f Lydia Jean Williams /Ig TI is ik You! CI f Okeechobee Office ol'City Clerk Sc Persorrrrcl MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following einployee'f,, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig -1-1)a ik You! CitV of Okeechobee Office of Cite Clerk & Persouncl MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee': to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9111/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig T I I'll) : You! Ch of MEMORANDUM TO: All General Employee Pension Members keechobee Office of City Clerk & Personnel DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personnel SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'-, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig 1-17auik You! CIN of O MEMORANDUM TO: All General Employee Pension Members eecnopee Office q f City Clerk & Personnel DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personneoll SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'-, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams _ /Ig 11 la 11< You! City of Okeechobee 01 ice of City Clerk & Persomnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne)II SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'-, to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9111/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams _ /Ig TI wi ik You! CitV of Okeechobee Office of Citp Clerk & Personnel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personneo SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee': to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams rxk - /Ig TI wl Ik You! _ City of Okeechobee Office of Cite Clerk & I'etwounel MEMORANDUM TO: All General Employee Pension Members DATE: September 9, 1997 FROM: Bonnie S. Thomas, City Clerk/Personne SUBJECT: Pension Board Member Ballot Administrator Please vote for one (1) of the following employee'r; to serve as Trustee on the General Employees Pension Fund and return to the City Clerk's Office by Thursday (9/11/97) at 10:00 a.m. Richard "Ricky" P. Bonnell Lydia Jean Williams /Ig TI wi ik You! LNW • • • • • s • • • • •••• Lawson, Noble Webb, Inc. ENGINEERS • PLANNERS • SURVEYORS September 8, 1997 City of Okeechobee 55 S.E Third Avenue Okeechobee, FL 34974 Attention: Mr. Chuck Elders, Director of Public Works RE: City of Okeechobee Contract Payment Requisition 9001 From Ranger Construction Industries, Inc. for 1996/1997 Roadway Improvements City of Okeechobee Contract No. PW02-00-04-97 L.N. & W Project No. B 13 5 Dear Mr. Elders, EXHIBIT 2- SEPT 16 AGENDA This letter is to certify that Lawson, Noble & Webb, Inc. has reviewed the attached Contract Payment Requisition 9001, dated 8/23/97 from Ranger Construction Industries, Inc. for quantities and mathematical accuracy and find it correct for the amount of work performed. Based upon this information, we recommend payment of the AMOUNT DUE THIS REQUISITION OF $10,111.95. If further explanation is needed or if I can be of further assistance, please call. G_\DATA\100-199\13135\DOCS\1997\13 135.908 LAwsoN, NOBLE & WEee, INC. • 420 Columbia Drive • West Palm Beach, FL 33409 • (561) 684-6686 • Fax (561) 684-1812 West Palm Beach • Port St. Lucie • Broward 0 c� 0 C C '- Cn .fir D �-- -� P cn .�-, c> a�� . o b o b o v cn = o b .-• o b (n S m G7 Cn 7J m G7 •-� <n 9 m O .p b m L'7 D b L7 D •� m C7 D x b O m C7 D e D I VJ O -� Cn O --1 cn O -, D Cn � O -y N Cn O -� •--. m rn `-. I m m --. I m m -� I r m m •-• O I m m ^' b � a m a O O Cn S Cn Cn S UJ UJ S VJ x (n S (n m Gn S (n D n D Cn C'> D 47 C7 a VJ C C7 D Cn m C'J D Cn • � r m m a m o I O o O rn (1= to Gn Cn GJJ Gn Cn VJ Cn (n C/J to "T'T !JJ --' C/J Cn LfJ r C!J VI VJ to w w— •- w w -- -- w w-- o w o w -- �- o w w-- _ N tJ� N N tJ� N N ll� N O N O �-/� N O N lf• N O O V+ In O O ll� In G O V'� In O O O O In Cr O O O In In m v O� O~ a P P N N •--• N l./+ CP N tJ� w w w a C O O. . . m. m. O `— O O O O O O O O O CDO O O O O 'J. 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N . => O O G O 0 0 0 0 0 0 0 0• v O O O O O O O O O O O O G O O M m ' D _ M 0 Cr, 0 0 •Zrl- . ,n O w � _ N O N w w n a .p �n �n 0 0 0 0 0 0 0 0 o O o o � rn • n uA C n -�j �Mfi Fl m n r ca C EXHIBIT 3- SEPT 16 AGENDA C.4 of Okeechobee Office of City Clerk & Personnel MEMORANDUM TO: Mayor and Council Members DATE: September 11, 1997 FROM: Bonnie S. Thomas, City ClerkA SUBJECT: SW 2nd Avenue History Attached with the proposed Quit Claim Deed is �r ,.ynopsis of all the research that has been compiled over the years on this issue. We are Ir rppy to finally get it resolved. We will have an ordinance for your consideration at the ne-1 meeting rescinding Ordinance No. 251 adopted August 4, 1952 with an incorrect legal cl+ascription of Southwest 2nd Avenue. Should you have any questions on this, pleas(_., call Thank You! Ilg (Recording Inforn►ation Above) ()t_l,r CLAI(\_I I)LI', I) THIS QUIT CLAIM DEED executed this day of Septenilber, 1997, by the CITY OF OKEE -110BEE, FLORIDA, a Municipal Corporation, First party, to OKEECIIOI3EE COUNTY, a Political SubdiMou of Hie We of Norida, second Marty. (Wherever used herein, the terns "first party° and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSmI: I'hat the said first party, fur and in consideration of the smn of $It)M in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby Ien►isc, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has ill and to the following described lot, piece or parcel of land, situate, lying and being in the County of 0KEECII0I3EE, State of Florida, to wit: THAT PORTION OF KISSIMIv I1 ]-, STRI'-]-',T (NO\V KNO\VN AS SOU"11I\VI`,ST 2ND AM) LYING I31vrividIN IVIAMS 27 AND 28 AS SI IOWN ON HOTI I TlIF PLAT OF WWII OKEECIIOL I;F RLCORDI:D IN PLAT BOOK I AT PAGE, 12, PUBLIC RIPCORDS OF OKI_.I;C11O13IY COUNTY, FLORIDA AND FIRST ADDITION TO SOUTII 010EI1CIIOI31 1', ACCORDING TO THE- PLAT hI II R[�OI R1,CORDLD IN PLAT BOOK I AT PA(;1? 17, PUl3[,IC Rf�CO1ZDS U1� 0KLLCI10t3E1 COUNTY, FLORIDA. LESS AND EXCEPT ME SOU11 130 FEET OF 11 ill A13OVF, DESCRIBED PARCH-L. TO IIANT AND TO IIOLD the sane together with all and singular the appurtenances thereunto belonging or in any We appertaining, and all the estate, Al", title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to dw only prober use, benefit and behalf of the said second party forever. IN NVITNESS NVIIEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Scaled and Delivered in the presence of: WITNESS PRINTED NAME OF WITNESS Wf FNESS PRINTED NAME OE WITNESS I-267c01 ('I fl' (W OKI.1"Cl10131:E 13v: ---------- ---------------------------- JAMIS KIRK, Mayor, City of Okeechobee Attest to: l3ONNIE'II IUI�9AS, Clerk for City of Okeechobee STA'I'I Of" FLORIDA COUNTY OF OKLL;CIIOI3EL; 'I'hc foregoing instrumcut was acknowlcd9cd before n)c Ibis ------ clay of September, 1997, by JAMES KIRK, Mayor of the City of Okeechobee O who is personally known to 111e, or O who has produced as idcntil'icatiou. NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC My Commission Expires: h epaled by: CASSELS & McCALL John 1). Cassels, h. P.O. Box 968 Okccchot?cc, I."Im ida 3,197.3 (9,1 1)7(i3-3 13 1 I-267691 MR [SMUrfr WN m 4-J 0 3 Lr) 4-3� O (1)��'� -0 4-J CZ) c lD LLJ CD 3 O -1 i W (n +-J V O 4 v .i i � N �I ko E r 14? - 4- V) '? s r 1srQ r--- W Q J v W ` O 0- "N 4-j O O , ail Mtn Cn -0 vl E BRIN M©©©` aonra�=ood �aa till �m��a� iaQq�m amaAmo em Aoo ommgm t aoa va�o II�.�,IB � 1 =s_ .a N U � U y '• tJ � N m � � p,.s. '^ � � •p r T d m CI ] W W � •� ,- _ ,.J .O Ts• .. O O � O .-1 .J •a ' G J is t 6 � f J , r i O U u H V � -J it ya f) cl Vl 11 O 0 O '• •-J u S• rO. 7 ii ° J o 11 J � U N J O U 1 n 1� U _ U U RESEARCH OF BLOCKS 27 TO 30 AND XG(SSIMMEE STREET (S. W. 2ND AVENUE) August 4, 1952 City Council Minute Book 5 Page 327. City adopted Ordinance No. 251 closing Kissimmee Street (SW 2nd Ave) from 9th Street to I Oth Street (16th and 17th) this is between Blocks 29 and 30 of the First Addition to South Okeechobee. August 26, 1975 School Board deeded to the County Lots 1-12 of Block 27 and Lots 1-12 of Block 28 and Kissimmee Street (SW 2nd Ave) from 9th Street to 1 Oth Street (16th to 17th). OR Book 174 Page 757. !_ August 23, 1984 County Commission Minute Book 22B Page 499. The Commission wanted to r sell the old football field and needed to know if the street and alleyway were vacated before the bids were sent out (Block 28). September 27, 1984 County Commission Minute Book 22B Page 564. County Attorney advises there is no evidence the alley was closed. Attorney to file petition with the City to close the alleyway in Blocic 2 November 5, 1984 City Council Minute Book 10 Pages 3565-3566. County requests the alley in Block 28 be closed and they would open the portion of Kissimmee Street (SW 2nd Ave) from 9th Street to I Oth Street (16th to 17th). Knight made a motion to close the alleyway and in return the County Commissioners would give back SW 2nd Avenue in Block 28, but that the status of 2nd Avenue must be cleared up before the deal was made. February 4, 1985 City Council Minute Book 1 1 Pages 3624-3625. Councilman Thomas requested that an addition 30 feet be obtained from the County to widen S.W. 16th Street in exchange for the alleyways or right-of-way. February 14, 1985 County Commission Minute Book 23 Pages 65-66. County granted the City an additional 30 feet along the South side of Block 27 and 28 in lieu of the right-of-way along SW 2nd Avenue. August 22, 1985 County Commission Minute Book 23B Page 517. When old football field property is sold the County agreed to give the City 30 feet along the South side of Block 27 and 28. Permission was granted to prepare the quit claim deed for this right-of-way. August 29, 1985 County signed Quit Claim Deed to City giving the South 30 feet of Lots 6 and 12 of Block 28 and the South 30 feet of Lots 6 and 12 of Block 27, First Addition to South Okeechobee. OR Book 272 Page 0007. 1995 Tax Roll: Okeechobee County c/o Willard Mays 1506 South Parrott Avenue Okeechobee, FL 34974 Okeechobee County 304 NW 2nd Street Handball Courts Okeechobee, FL 34972 George J Baya Frank and Ethel Altobello 2801 Ponce DeLeon Blvd 9th Floor Coral Gables, FL 33134 City of Okeechobee 55 SE 3rd Avenue Okeechobee South Okeechobee - Lots 1,2,8 of Block 27 &t that part of Kissimmee Street between_ 8th and 9th Street lying adjacent to Lots 1 &z 2 of Block 27. AND I st Addition to South Okeechobee - Lots 3-6 &L 9-12 Less South 30 feet of Lots 6 &z 12. Also that part of IGssimmee Street lying between-8th and 9th Street lying adjacent to Lots 3 to 6. Lot 7, Block 27. Lots 1,2,7,8; Block 28 AND I st Addition to South Okeechobee - Lots 3 to 6 and 9 to 12 less South 30 feet of Lots 6 &z 12 of Block 28. I st Addition to South Okeechobee - South 30 feet of Lots 6 &z 12 of Block 27 AND -- 1 st Addition to South Okeechobee - South 30 feet of Lots 6 and 12 of Block 28.- No One is paying taxes on SW 2nd Avenue (old Kissimmee Street) between_ _ 1-6th and. l 7th Streets (old 9th and 10th Streets), which is what Ordinance No. 251 closed. Taxes are being paid on SW 2nd Avenue (old 1Gssimmee) between 15th and 16th Street and there are no documents closing that section of the street. 2 s Tickets: $ I o.00 Available dt uclice Department Hcas'c firlcl (4)(1losed 1c I lcr w ilte11 by lick IIu11[cr, aucl w1dross ed to tlac Adminis[reaLor. (publkl 1"(1CM,d) MV. IIunl.er fell;; "-Amdof sk'11'Ing I'lli I. he cafficirdly p rodrlced 1llis leper (,is 1.[Ic ,dfoyrnoy for (,md M the 1111.crcs1. of the I? N IIarrlr.ick 'I'misd . Also fillc.i jj. y n.)ply [o Oick woy I.o s gn 'All Gaff iciial Ic 1,1,c����), � ��� �� t;ihzci�. I I1�a c f'c: ciar'c:IWd 11he i.�.�uc� rIrlcl h avc� mosi, of fhe doclamell[s conc er-lung I,lle (yrani- This issue I1as 1.o be I'm [o rc( i. once and for 11, The Hamrick iric:k 'I rusl.'s posil.ic l Ilolcl� I,lle el l.y ltosl'ovle (as fOr 'afore develof fncril, is c*oflcerned. IIill OSIe fflan {l(),<1 /l (),�1'ii F LAW OFFICES OF 1930 TYLER STREET HOLLYWOOD, FLORIDA 33020 WILLIAM F. HUNTER, JR E. T. "DICK" HUNTER •SCOTT A. SANOK GUNNAR 0.HUBER KURT S. HILBERTH August 15,1997 Robert Bradshaw City Administrator SS S.E. 3rd Avenue Okeechobee, FL 34972 RE: Application of Lake Oil for Easement across alley Dear Mr. Bradshaw: TELEPHONE: BROWARO 954-92543090 DADE 305-947-9:521 FAX 954-925-7616 It has come to my attention that the City of Okeechobee might grant all easement to a private company to cross a public alley so that their private business might be increased. I submit that this request be denied for several reasons; to -wit: 1. The State Fire Marshall in this previous matter clearly stated that there was to be no increase in this dangerous use of 60,000 gallons of gasoline and diesel oil in downtown Okeechobee. Since that date, the City 's population has increased substantially. 2. In nn• opinion, it is the city 's responsibility to only allow an easement within the scope of it's authorin, ie. For a public use. As You might know, I ant the attorney for the R.E. Hamrick Trust which is the fee owner of that alley. It was Mr. Hamrick's intention that this alley should be used for the purposes set out in the city's dedication which is only for city purposes. 4. If the city is no longer desirous of using the alley for city purposes, it should oe closed or vacated and the R.E. Hamrick Trust take charge. In conclusion, I would hope that the city fathers would consider this potentially matntnoth danger far more serious than running quasi public TV cable down the alley. Could an explosion at this site be almost another Oklahoma City? page 2 August 15,1997 RE: Application of Lake Oil for Easement across allev Rather than to continue the building of the this industry in the center of the city under- a non- conforming use, it would be better to build its plant in a public safe industrial area. Please deny this request and keep me infonned. Ltlilkt cc.' John R. Cook 9/04197 Mr. E. T. Hunter Esq. Dear Sir: _RF: Four leffer Concerning Lake Oil improvement plans. (11 E Hamrick Trust) I have just read your letter of August 15, addressed to Okeechobee City Administrator: Robert Br ads1haiw. I Waist to thank you Air pi'i➢uuc -- this document. I enjoy humor and even write a little froin time to time. Your letter is by far the most humorous thing that I have read lately and I have just finished reading George Carlin's new best selling book, "Brain Droppings." If you have a number of letters such as the above referenced; you might consider submitting them to a publisher. Your collected works may become a best seller. I would suggest you use the title, "Bull Droppings." I realize that you city folks are of the opinion that we are a community of dullards and I will stipulate that many of us are underachievers but you fail to realize that we country folks are well qualified to recognize bull droppings when we see same. Actually, we are surrounded by bull droppings. We have some big bulls around here but none that can match ,your production of the afore mentioned commodity. When I see a letter supposedly authored by an attorney that contains only hyperbole and is devoid of any cite of law; I conclude that the writer is fighting a legal battle armed only with bull droppings. I am sure that you realize that the R.E. Hamrick Trust's no longer holds any reversionary rights to any streets and alleys in the City of Okeechobee. These rights have ceased and become unenforceable by both statute and decisional law. Your letter concerning the Lake Oil matter causes me to wonder whether you are representing the Trust or one of the trustees who in my opinion is motivated by greed and avarice. I base my opinion not only on the content of your letter but also by the recent unethical actions of an elected official who has an employment relationship with Mr. Culbreth. Mr. Culbreth is a competitor of Lake Oil and I find his efforts to restrict the property rights of Lake Oil to be reprehensible. Lake Oil is attempting to invest over a million dollars in Okeechobee and by so doing, improve the appearance of the property and provide at least II new jobs in Okeechobee. This is a win -win situation for our community. I cannot see where you, as an attorney for the II E Hamrick Trust, could have even a de miniinis interest in the business of Lake Oil. In answer to your reasons for denial; to -wit: 1. You state; "The State Fire Marshall in this previous matter clearly stated that there was to be no increase in this dangerous use of 60,000 gal. of gasoline and diesel oil in downtown Okeechobee. Since that date, the city's population has increased substantially." This paragraph goes beyond bull droppings unless the bull has been grazing in a field of crotons. What Fire Marshall? What Date? What dangerous use? What previous matter? Let me guess. - In 1962 a State Fire Marshall came to Okeechobee to do a little fishing. 'The fishing party had a pretty good day. One member of the party, I think his first name was Jeb Lee, ran an oil business in the middle of Okeechobee. lie suggested that they buy a few more cases of beer and go to his place and cook up a mess of fish. It was a pretty hot day so they decided to do their cookin' in the shade; beside and under the fuel tanks. They had a little trouble lighting the fire to cook the fish because the wood was a little damp. Jeb Lee told one of the good old boys to go 4►ver to the end of the tank and get some gas where it was dripping near the valve. Old Jeb Lee poured the gas on the wood and threw a match in the middle and there was quite a WOOOSH but the wood started burning and the fish got to cooking. The fire marshall, after a few more beers said, "Ya know, Jeb Lee, this here open fire beside these tanks might be a dangerous practice, what with those leaks and all." Jeb Lee replied, "never had a problem yet." Fire Marshall asked Jeb Lee, "recon how much gas is in them tanks`?' Jet) Lee responded, "Don't rightly know for sure because of all the leaks but they hold 60,000 gal." The Marshall replied as he opened another beer, "well Jeb Lee I think it's a dangerous practice but this fish is darn good and the tanks do provide some nice shade. So as long as you don't go over 60,000 gal. keep on cookin'. Is there any beer left?" If this is the dangerous use to which you are referring; I can assure you that the cooking has stopped as have the leaks. Lake Oil has no intention to increase existing capacity. Your population statistics are no more accurate than your bull dropping based conclusions. 2. You mention your opinion as to the city's responsibilities vis a vis it's scope of authority in granting easements. We have a City Attorney and we have a court of competent jurisdiction. I would think the court would be a more appropriate venue in which to present your opinions. You state, "As you might know, I am the attorney for the R E Hamrick Trust which is the fee owner of that alley. It was Mr. Hamrick's intention that this alley should be used for the purposes set out in the dedication ,vvhich is only for city purposes." I don't think there is a true implication in the above paragraph other than your admission to being the attorney for the trust. As such, you roust be aware that the dedication of the streets and alleys was made to the city in 1914. Mr. Hamrick bought the property in 1947. I fail to see how you can cite Mr. Hamrick's intentions as being relevant when the dedication was made some 32 years before the property was deeded to him. Tile dedication states that the surface of the alley is dedicated to public use not as you state; "only for city purposes." An alley is defined by statute as being a secondary means to access and serve the abutting property. All the abutting property in this case is owned by a single entity; thus there is no longer a valid need for this alley as there was when it serviced 4 abbuting lots. Your claim of reversionary rights would result in an adverse affect to lite property owner whose property rights and usage would be materially impaired. 4. You state, " If the city is no longer desirous of using the alley for city purposes, it should be closed or vacated and the Trust take charge." I can only say that I agree that the alley should be closed but the property, by statute, would revert to the abutting property owner(s). I can see no reason why the trust would covet this useless and liability laden little strip of land. This piece of property, due to the negligence of previous owners, is heavily contaminated. This fact is well established. I doubt that there is a bank in the country that would foreclose on this property due to the potential liabilities. It would seem to me that an attorney or trustee would better fulfill his fiduciary responsibilities to the trust by divesting the trusts interest in this property rather than to seek possession. This reinforces nay opinion that your motives are to thwart and restrict the effi►rts of people engaged in a lawful enterprise; to wit: Lake Oil, from utilizing their property to it's full potential and thus limiting their profit potential. Finally you refer to the Lake Oil operation as a potentially mammoth danger and suggest that an explosion at this site could be almost another Oklahoma City. Even Johnny Cochran couldn't come close to this outrageous analogy. Gasoline and diesel fuel are not explosive in liquid form. I guess the site could be another Oklahoma City if some nut were to detonate 5 tons of ammonium nitrate on the site but I don't think Okeechobee has the political profile that would attract this type of terrorist action. As to your describing Lake Oil as a mammoth danger; your description cannot be justified by fact or science. I am a neighbor of this property and 1 perceive no dangereous threat to exist other than the threat by you and the trustee to attempt: to stifle property improvements iik the City of Okeechobee. It has been said that when it comes to bull droppings; I hold a Phd. but. you sir, put me to shame. Your letter is a pathetic attempt to influence our city government to deprive Lake Oil of their property rights. You attempt, by your letterhead and reference to the R E Hamrick Trust, to establish yourself as having standing in the business and plans of Lake Oil. You clearly do not. You may wonder who I am. I am nobody. I peruse public record and attend meetings. Once in a while I get lucky and find a letter such as yours. You addressed your letter to the City Administrator who is obligated to take it seriously. You copy the City Attorney who is ethically bound to treat you and your letter with respect. These are men of class and good repute. Since I have no class and my repute is ever in question; I can answer your letter as it deserves to be answered. (Why do I have the feeling that your letter was written right here in Okeechobee?) Wil a DSV-rrnan PC) O 1661 Oke oboe, F1.34973 facsimile TRANSMITTAL to: Okeechobee County School Board - Ua n n \ I i i I I i l Is fax #: 462-5014 re: September 16, 1997 City Council Rc,uiur Ni((-1Agenda date: 09/15/97 pages: 3, including this cover sheet. Should you require any additional inforiiw( ii pir.;sc. contact the City Clerk's Office. Thank You and Make I I ; A < , i I ,,,� i I 1. From the desk of... City Clerk's Office Bonnie S. Thomas 55 S.E. 3rd Avenue Okeechobee, FL 34974 941/763-3372 Fax: 941 /763-1686 facsimile TRANSMITTAL to: Tom Murphy, President, Okeechobee GoiIrak i,,rti Association c/o Close Construction fax #: 763-6337 re: September 16, 1997 City Council KCIS,U ar kIcclHip, Agenda date: 9/15/97 pages: 3, including this cover sheet. Should you require any additional infornnillOn contact the City Clerk's Office. Thank You and Make It /\ t lwc ii i'avI 11 From the desk of... City Clerk's Office Bonnie S. Thomas 55 S.E. 3rd Avenue Okeechobee, FL 34974 9411763-3372 Fax: 941 /763-1686 facsimile TRANSMITTAL to: Okeechobee County Administrator fax M 763-9529 re: September 16, 1997 City Council M!,, /\enda date: 09/15/97 pages: 3, including this cover sheet. Should you require any additional iMfornuitiuu lflc:i�w contact the City Clerk's Office. Thank You and Male I t rca i I z �i v I i From the desk of... City Clerk's Office Bonnie S. Thomas 55 S.E.3rd Avenue Okeechobee, FL 34974 9411763-3372 Fax: 9411763-1686 facsimile TRANSMITTAL to: OUA Executive Director, LC Fortnci fax #: 763-9036 re: September 16, 1997 City Council IZc!-'ul,n Agenda date: 09/15/97 pages: 3, including this cover sheet. Should you require any additional inforimill(n contact the City Clerk's Office. Thank You and Make li \ t irc<ii 1 %i0l From the desk of... City Clerk's Office Bonnie S. Thomas 55 S.E. 3rd Avenue Okeechobee, FL 34974 941/763-3372 Fax: 941 /763-1686 facsimile TRANSMITTAL to: Economic Council of Okeechobee I yccu1I� c I i,rcclor Jim Smith fax #: 467-6266 re: September 16, 1997 City Council R(.'!.ul<ir 1\loc,Hw, A-enda date: 09/15/97 pages: 3, including this cover sheet. Should you require any additional inforui<ilion lilosisc contact the City Clerk's Office. Thank You and Make 11 A (,rc�ii I I.10 ! I From the desk of... City Clerk's Office Bonnie S. Thomas 55 S.E. 3rd Avenue Okeechobee, FL 34974 941/763-3372 Fax: 941 /763-1686 facsimile TRANSMITTAL to: John Cook fax #: 467-4798 re: 9/16 agenda date: September 10, 1997 pages: 3, including this cover sheet. PLEASE REVIEW THE AGENDA AND MAKE ANY CORRECTIONS NECESSARY AND FAX BACK ASAP THURSDAY MORNING. Concerning Item H.5., SW 2nd Avenue, the whole (,,ntire street is listed on the tax roll to the County, not half and half, Bobbie at the property appraiser's office has a deed from the school board to the county for that part of the street and th. it is why she put it on the tax roll, she couldn't tell exactly how long it has been on the tax roll except a long time. The county will not be purchasing the property from Altobello, they will lae using Block 27 and 2nd Avenue as their property. Can't we just do an ordinance corrc,(Jing the legal description in 251? Bobbie also knows that that ordinance is incorrect and tool it off the tax roll to keep the property owners from paying taxes on a street that is open. , he did this a long time ago also!! By the way, the deed from the school board is whei t., the whole nightmare began, it was incorrect and therefore was put on Ordinance 251 ii icorrect, but since then, the deed was corrected and that is what led to it being put on the Lax roll correctly. Now that you are probably throughly confused please advise what I �.im to do!!! Thank you, Lane. From the desk of... Bonnie S. Thomas, CMC City Clerk/Personnel Administrator City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 941)763-3372 Fax: 941)763-1686 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and Council members DATE: September 11, 1997 THRU: THRU: SUBJECT: Walmart update FROM: Robert Bradshaw, City Administrator As you may know, there is a problem regarding the acquisition of one out -parcel to complete the property requirements for the new Walmart site. Alex Sirum does own the property but has sold an option to Mr. Bryan Ashton of Midwest Diversified. The option expires December 31, 1997. I spoke to Mr. Sirum today and he is very concerned with the delay and has indicated that he will not renew the option agreement with Mr. Ashton. After the option expires he would welcome the opportunity to sell his property directly to Walmart at fair market value. After my discussion with Mr. Sirum, I relayed the above information to Tim Cribb, Property Acquisition Manager for Walmart. Mr. Cribb indicated Walmart is prepared to make Mr. Sirum an offer after the option expires on December 31, 1997. Obviously, Walmart's strategy Is to wait for the option to expire then acquire the Sirum property at fair market value. Consequently, this will move the project back approximately 90 days. CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: September 11, 1997 SUBJECT: Status Report FROM: Robert Bradshaw, City Administrator Below is a brief summary of past and upcoming events. .......... ........... U .................... ............ ijiji . . . . . . . . . .. ................... ... .. ............... ........ . ....... .......... .. .. .. .. .... . . . . . . . . . . . . . . . . . . . . . .. ...... . . ... ......... .......... . . . . . . . . . . . . . . . . . ......... . I I I I . FLORIDA (a) Left turn signal on St. Rd. 70 & NE 8th Avenue. I spoke with Mr. DEPARTMENT OF Pastewka. He has been in contact with various DOT officials including TRANSPORTATION John Berlin and his supervisor, Ralph Mervin. He has also contacted the Assistant Director of DOT, concerning the left turn signal. I again reiterated the City's position that we are supporting the project. However, we feel this is not in the City's jurisdiction. (b) St. Rd. 70 Expansion. Spoke with Chris Smith, Project Manager for DOT, regarding the lighting requirement for St. Rd. 70. It was decided to continue lighting on the north side of St. Rd. 70. WALMART I spoke with Tim Cribb, Property Acquisition Manager for Walmart, on Wednesday, September 10, 1997, regarding the proposed Walmart superstore. There is a problem with one out -parcel acquisition, however, he feels the project is not in jeopardy and he anticipates closure within the next 90 days. Mr. Cribb stated that Walmart is totally committed to the completion of this superstore in Okeechobee. NORTHSHORE Spoke with Paul Phillips, ODA. He is finalizing the marketing brochure for SHOPPING PLAZA the old Winn Dixie building. He has a target list of approximately 50 small to medium size grocery store chains. He anticipates the actual mailing to be within the next week. CDBG GRANT Met with Fred Fox today to finalize the pre -construction meeting date and to review finalization of the grant requirements. In addition, Bob Finnegan of Genesis Group, is meeting with Steve Baker of W.G. Mills, Construction, Inc. to finalize the construction schedule that will be presented at the pre -construction meeting. The tentative pre -construction meeting is scheduled for the last week of September. CHAMBER OF John Cook is drafting a letter to Chamber officials concerning the leasing COMMERCE of an office to a "for profit" business. BUDGET Just a reminder: Second Public Hearing/Final Adoption on the Budget is scheduled for September 23 at 7:00 p.m. ABOVE GROUND The Fire Chief, Public Works Director and myself met with representatives STORAGE TANKS of Lawson, Noble & Webb, Inc., & TankTek regarding the above ground storage tank issue on Friday, September 5, 1997. TankTek will provide detailed drawings of the proposed above ground, fire rated, storage tank to the City by Tuesday, September 16th. In addition, TankTek submitted documentation showing the total cost on this project to date to be $4, 609.50. POLICE The following appointments and promotions have been made within the DEPARTMENT Police Department: Dennis Davis to Captain; Tommy Raulerson to Detective/Sgt., and Kelley Ammons to the Drug Task Force CITY/COUNTY a) Gas tax The County Administrator provided background/documentation RELATIONS on gas tax issue. This material is currently under review. (b) "Landfill Hosting or tipping fee" The County Administrator provided an executed landfill agreement between Chambers and the County; based on this agreement the City is not entitled to a hosting fee. (c) City/County dinner scheduled for October 1, 1997 (d) City antenna The County Administrator expressed no concerns regarding the transfer of the City Police Department antenna to the County site. City staff is researching the cost of the transfer.