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2002-08-20 Regular384 ............ CITY OF OKEECHOBEE AUGUST 20, 2002 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11 CALL TO ORDER - Mayor: August 20, 2002, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss; Pledge of Allegiance led by Mayor Kirk. 111. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E, Kirk Council Member Noel A. Chandler Council Member Robert Oliver Council Member Dowling R. Watford, Jr, Council Member D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Bonnie S. Thomas Deputy Clerk S. Lane Gamiotea IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present Certificate of Appreciation to Marsha Montesi. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 6, 2002 Regular Meeting. Mayor Kirk called the August 20, 2002 Regular City Council Meeting to order at 6:00 p,m, Invocation was offered by Council Member Watford in the absence of Pastor Edward Weiss; Mayor Kirk led the pledge of allegiance. City Clerk Thomas called the roll: Present Absent Present Present Present Present Present Present Absent Mayor Kirk presented a Certificate of Appreciation to Marsha Montesi, for her years of service as Chairperson of the Code Enforcement Board. Council Member Williams moved to dispense with the reading and approve the Summary of Council Acton for the August 6, 2002 Regular Meeting; seconded by Council Member Watford.. 31's AUGUST 20, 2002 - REGULAR MEETING - PAGE 2 OF 5 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 VA m . mi. mi MINUTES - City Clerk continued. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 6, 2002 Regular Meeting continued. WARRANT REGISTER - City Administrator. A. Motion to approve the July, 2002 Warrant Register. General Fund. ($256,132.53) Public Facility Improvement Fund ($28,245,00) Capital Projects ($6,611.62) Capital Projects Vehicles ($15,000.00) AGENDA - Mayor. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the July, 2002 Warrant Register in the amounts: General Fund, two hundred fifty six thousand, one hundred thirty two dollars and fifty-three cents. ($256,132.53); Public Facility Improvement Fund twenty eight thousand two hundred forty five dollars ($28,245.00); Capital Projects six thousand six hundred eleven dollars and sixty-two cents ($6,611.62); Capital Projects Vehicles fifteen thousand dollars ($15,000.00); seconded by Council Member Oliver. There was a brief discussion between the Council and the Staff regarding the Public Facility Improvement Fund. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whetherthere were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. NEW BUSINESS. A. Motion to approve an Interlocal Agreement between the City and the Council Member Watford moved to approve an Interlocal Agreement between the City and the County regarding Solid County regarding Solid Waste Management - City Attorney Waste Management; seconded by Council Member Oliver. (Exhibit 1). 31(o AUGUST 20, 2002 - REGULAR MEETING - PAGE 3 OF 5 11 AGENDA III COUNCIL AC71ON - DISCUSSION - VOTE 11 NEW BUSINESS. A. Motion to approve an Intedocal Agreement between the City and the There was a brief discussion between Council Member Watford and City Administrator Veach regarding receiving the County regarding Solid Waste Management continued, grant. Administrator Veach asked the Council to okay the agreement, in order to meet the deadline in November. Mayor Kirk stated that he had no objections with the agreement as long as no major changes were made, Council agreed. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discuss removal of a temporary barricade at SW 12th Avenue - City Council Member Watford asked Public Works Director, Donnie Robertson if the owner effected by the guardrail Administrator (Exhibit 2), installation had been notified. Donnie Robertson stated that the property owner was notified, Administrator Veach suggested to the Council to install guardrails one block at a time. Director of Public Works, Donnie Robertson stated that the City of Okeechobee would have to contract the job out, then be reimbursed by the Department of 11 Transportation. Council MemberWatford moved to acceptthe proposal from Florida Departmentof Transportation, regarding guardrail installation and reopening Southwest 12 1h Avenue, South of State Road 70; seconded by Council Member Williams. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Discussion with recommendations for the City's Lobbyist - City City Administrator Veach stated that he had four topics to be presented the Okeechobee Delegation which were: Administrator, Fundinq for downtown Okeechobee: Improvements for Highway 441 and State Road 70m Two in Iwo out, and Continue efforts for a bridge across Taylor Creek. Administrator Veach stated that he would like more recommendations for Dale Melita to take to the Okeechobee Delegation. There were more recommendations given by the Council Members, 11 which included: More maintenance money@ Additional money to address drainage: Money for improvement of canals, AUGUST 20, 2002 - REGULAR MEETING - PAGE 4 OF 5 387 11 AGENDA III COUNCIL ACTION - DISCUSSION -VOTE 11 Mi. NEW BUSINESS CONTINUED. C. Discussion with recommendations for the City's Lobbyist - City and Mosquito control. City Administrator Veach stated that he would have a meeting with the Department Heads, in Administrator. 11� order to get more recommendations for Dale Melita to present to the Okeechobee Delegation. D. Motion to approve a Temporary Use Permit regarding a boot drive Council Member Oliver moved to approve a Temporary Use Permit regarding a boot drive by the Okeechobee County by the Okeechobee County Fire and Rescue for the Muscular Fire and Rescue for the Muscular Dystrophy Association and waive the fee; seconded by Council Member Williams. Dystrophy Association - County Fire and Rescue (Exhibit 3). There was a short discussion between the Council and the Staff regarding the personal safety of the firefighters participating in a boot drive at a busy intersection. City Administrator Veach noted he was not authorized to give permission to organizations who wanted to have boot drives, permission for boot drives would have to go to the Council for their approval. He was only able to waive the fees. Also, clarification of the dates the event will be held as August, 24" and 25" was verified. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a taxi cab permit for A-1 Taxi and All County Taxi Council Member Oliver moved to approve a Taxi Cab permit for A-1 Taxi and All County Taxi Corporation; seconded Corporation - City Administrator (Exhibit 4). �11 by Council Member Williams. VOTE KIRK - YEA CHANDLER - ABSENT OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There was a short discussion between the Council and the Staff regarding who is responsible for liability. CityAttorney Cook stated that the City of Okeechobee is not liabile. The taxi corporation is. AUGUST 20, 2002 - REGULAR MEETING - PAGE 5 OF 5 AGENDA IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE By THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING HF/�HE MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCFFDING IS MADE WHICH RECORD iNCLUDES [HE TESI IMONY AND EVIDENU UPON WHK�H THE APPEAL IS TO BE BASED ATTEST' go'�nnie S, TKom-a-s,`CMC, City Clerk James E. Kirk, Mayor COUNCIL ACTION - DISCUSSION - VOTE There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:32 p.m. 0 0 PAGE -1 - City of Okeechobee - August 6, 2002 - Regular Cidy Council Meeting - Handwritten Minutes 1. CALL TO ORDER - Mayor: Auaust 20, 2002, City Courrcil Reaular Meebnq. 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss, Pledge of Allegiance led by Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Robert Otiver 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 City Clerk S. Lane Gamiotea Secretary Adriana Berry IV. PRESENTATION AND PROCLAMATIONS - Mayor. A. Present Cerfificate of Appredation to Marsha Montesi. V. MINUTES - City Clerk. A. CouncilMember (�-V_11 moved to dispense with the reading and approve the Summary of,, Council Acton for the August 6, 2002 Regular Meeting; seconded by Council Member k' iV . VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS M071ON C'40ED - DENIED VI. WARRANT REGISTER - City Administrator. A. Council Member k) i-k) moved to approve the July, 2002 Warrant Register in the amounts: General Fund, two hundred fifty six thousand, one hundred thirty two dollars and fifty-three cents. ($256,132.53); Public Facility Improvement Fund twenty eight thousand two hundred forty five dollars ($28,245.00); Capital Projects six thousand six hundred eleven dollars and sbdy-two cents --4- ($6,611.62); Capital Projects Vehicles fifteen thousand dollars ($15,000.00); seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER OLIVER WATFORD WILLIAMS MOTION cwwd� - DENIED VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE —1 - City of Okeechobee - August 6, 2002 - Regular City Council Meeting - Handwritten Milnutes .r 1. CALL TO ORDER - Mayor: � I K August 20, 2002, City Council Regular Meefina, 6:00 p.m. 11. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss-, Pledge of Allegiance led by Mayor. Ill. 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 City Clerk S. Lane Gamiotea Secretary Adriana Berry IV. PRESENTATION AND PROCLAMATIONS - Mayor. A. Present Cerfificate of Appreciation to Marsha Montesi.Mcwor nad C&-�I-Ptrvt J V. MINUTES - City Clerk. A. Council Member 0— W moved to dispense with the reading and approve the Summary of Council Acton for the August 6, 2002 Regular Meeting; seconded by Council Member Ok-.J VOTE YEA RAY ABSTAIN ABSENT KIRK V CHANDLER V OLIVER V WATFORD WILLIAMS MOTION (��_ DENIED VI. WARRANT REGISTER - City Administrator. A. Council Member 0 LAJ moved to approve the July, 2002 Warrant Register in the amounts: General Fund, two hundred fifty six thousand, one hundred thirty two dollars and fifty-three cents. ($256,132.53); Public Facility Improvement Fund twenty eight thousand two hundred forty five dollars ($28,245.00); Capital Projects six thousand six hundred eleven dollars and sixty-two cents ($6,611.612 - apital Projects Vehicles fifteen thousand dollars ($15,000,00); seconded by �9 n ill MemberK! DW - P4/1�_ -It ly f'Mp - 4�Ario(_ - b act orrvilol pro arZAR; VOTE YEA NAY ABSTAIN ABSENT j KIRK V. t� (?C )I — CAP 7 ML9 ch CHANDLER V OLIVER WATFORD 'o' WILLIAMS t� MOTION DENIED VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. r35) 000 fco U G/ _CV0 cLrd,�+" Pon&'- PAGE -2- VIII. NEW BUSINESS. A. Council Member Ow moved to approve an Interlocal Agreement between the City and the County regarding Solid Waste Management - City Attorney (Exhibit 1); seconded by Council Member K . D ak)�, O(Y- r-0- f�,O� rn en+ V-14( 4- h 0 5 -�Vgn Inode VOTE YEA NAY ABSTAIN ABSENT (6r.6 COLO ly tit . // KIRK Q CHANDLER OLIVER WATFORD L WILLIAMS �Ci V� MOTION(�� DENIED Share 06, Clnj� 000" Ike- fA0Kd&t,Poi by 15FO (6eme n I , � /0 5 /a Y10- 5�a htA - 1) qC6eWl &1)*�t)pr 0i ac yeb'tIq V66&6 D-9--�pro(3rap-, sw("�S�f-4, B. Discuss removal of a temporary barricade at SW 12d' Avenue - City Administrator (Exhibit 2). , Propktf y owner ha t'kd 11��,v, -6 b - n,� -X -I- - - �0 -5�(Ve4- Not T 0j 'y 4o Dnsider . Adot res5 S �ao- /�A alc &% - /N)--GLActY-c1 P&r -PrS�- PQ � 1A Y V) -YAO �-/) Y 0 r--Sc� h - 9 �1) -Qj - /Is .Gqlw t L 0 PV ry-t 0 14 t-0 Ot 0 OPP 7L- I'tj ow 4) C. Discussion with recomendations for the City's Lobbyist - Cvdministrator. V w 0-r- Rn ue- e 4-0 rt s , br 10,je, a C/-OS f CrXe 16 IV Q, th 6M Mli� ., a 5 t ect iP 5 h4 ct tT ocko/001 11-ee, �h7 &4U� e- CLUA CAaw,05 2 V_ e ai i z Iql pm _eA n�ead6c)'�Tocc4l A k, rM/e/g/w,,x�wq-r� ON a -in cao %— rYVv,&C tU_4,P/y\ 41�� /PQch, D. Council Member moved to approve a Temporary Use Permit regarding a boot drive by the Okeechobee County Fire and Rescue for the Muscular Dystrophy Association -County Fire and Rescue (Exhibit 3); seconded by Council MembE V)� - ,-,jy1,j- VOTE I�A HAY ABSTAIN ABSENT KIRK 4-1 CHANDLER L/ OLIVER L/ WATFORD f/q4 WILLIAMS MOTION (;LRMO - DENIED �-o (urp tl � tj,0-5 )IL— M cl� 0-.x— (5\A C,_X� - 'A -de C&6"�t VbA)-16+ djVkj1_ . 7j A)CN-Yor olo�- ovvr:5Lrp ouk- aAJ4)�n-�) - 0--"" (Y. -� /Y) D5 VD g"Yot svfc-� I kA�cx/ Y 7UQ2) CW , CO YI 1- 5 1 Ok Q)05T-11-�, 6 cloctfX4 0 pa�? /-5 frIv P/ cob urn UNA 1 5,�; L4 -e tA) Grl� to prv�� dZLQYNJOIIV� qq 1 J-7�0 CkA� ar �� C., CLLI- 0 0 PAGE -4- E. Council Member Pj D moved to approve a taxi cab permit for A-1 Taxi and All County Taxi Corporation - City Administrator (Exhibit 4); seconded by Council Member RAI/ VOTE Yg& NAY ABSTAIN ABSENT KIRK I/ CHANDLER L/ OLIVER WATFORD WILLIAMS MOTI� DENIED P�j - o h k17 C)) Dtnr-y - '-'hmal u\9 IX. ADJOURN MEETING - Mayor-O � & p.m. CITY OF OKEECHOBEE AUGUST 20, 2002 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: August 20, 2002, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation offered by Pastor Edward Weiss. Pledge of Allegiance led by Mayor. 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 PRESENTATION AND PROCLAMATIONS - Mayor. Present Certificate of Appreciation to Marsha Montesi. MINUTES - City Clerk. Motion to dispense with the reading and approve the Summary of Council Action for the August 6, 2002 Regular Meeting. AUGUST 20,2002 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. WARRANT REGISTER - City Administrator. A. Motion to approve the July, 2002 Warrant Register. General Fund $256,132.53 Public Facility Improvement Fund $28,245.00 Capital Projects $6,611.62 Capital Projects Vehicles $15,000.00 VIL. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A. Motion to approve an Interlocal Agreement between the City and the County regarding Sold Waste Management - City Attorney (Exhibit 1). B. Discuss removal of a temporary barricade at SW 12 th Avenue - City Administrator (Exhibit 2). C. Discussion with recommendations for the City's Lobbyist - City Administrator. D. Motion to approve a Temporary Use Permit regarding a boot drive by the Okeechobee County Fire and Rescue for the Muscular Dystrophy Association - County Fire and Rescue (Exhibit 3). E. Motion to approve a taxi cab permit for A- I Taxi and All County Taxi Corporation - City Administrator (Exhibit 4). IX. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. EXHIBIT 1 ~ AUGUsT 20 AGENDA INTERLOCAL AGREEMENT This agreement, entered into this day of , 2002, by and between the Board of County Commissioners of Okeechobee County, Florida (hereinafter referred to as the "COUNTY') and the City of Okeechobee (hereinafter referred to as the "CITY"). WHEREAS, the Solid Waste Management Act of 1988 as codified by Part IV of Chapter 403, Florida Statutes, (hereinafter referred to as the "ACT"), places responsibility upon counties to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the county; and WHEREAS, the ACT further requires counties to develop and implement recycling programs within their jurisdiction to return valuable materials to productive use, to conserve energy and natural resources, and protect capacity at solid waste management facilities; and WHEREAS, the ACT encourages counties and municipalities to form cooperative arrangements for implementing solid waste recycling and education programs; and WHEREAS, the ACT created the Solid Waste Management Trust Fund to provide incentive grants to assist qualifying counties and municipalities in the operation of solid waste management recycling and education programs; and WHEREAS, the CITY and COUNTY have for some years jointly participated in a solid waste recycling and education program (hereinafter referred to as the "Program") with grant assistance from the Solid Waste Management Trust Fund; and WHEREAS, it is in the best interests of the residents of the CITY and COUNTY to continue to jointly participate in the Program as well as continue to apply for assistance grants which in turn make continuation of the Program possible; and WHEREAS, it is the desire of the CITY and COUNTY to continue to apply for available recycling and education incentive grants to the benefit of all re�;idents of the CITY and COUNTY. NOW, THEREFORE, in consideration of the premises and of the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto, as follows: This agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Okeechobee County and shall remain in effect until September 30, 2004. The agreement may be terminated in writing by either party as least sixty (60) days prior to the end of any grant year which terminates on the 30t" day of September each year. 2. The CITY shall cooperate with the COUNTY to the fullest extent practical in providing information necessary to (a) complete the grant applications in accordance with the requirements of Section 403.7095(6) Florida Statutes; (b) develop a recycling Program to be implemented by the COUNTY within the COUNTY and CITY; and (c) prepare the COUNTY'S annual report to FDEP on recycling activities as required by Section 403.706(7) Florida Statutes. 3. The COUNTY shall submit the incentive grant application to FDEP on behalf of the COUNTY and the CITY during the period covered by this Agreement and by the application deadlines to be established by FDEP. 4. The COUNTY shall, by October 1, of each year report to FDEP the COUNTY'S annual solid waste management and recycling activities for the duration of the period covered by the Agreement. 5. The COUNTY shall continue to administer the Program during the term of this Agreement provided anticipated grant funding continues. 6. From the anticipated grant funds, the Program shall provide weekly curbside collection of recyclable materials for 1,500 homes/units within the city limits. The current cost to the COUNTY of this collection is $1.90 per unit per month. Should the grant award be reduced or the cost of collection be increased, the CITY shall have the option to either reduce the number of units collected or reimburse the COUNTY for its pro-rata share of the deficiency not reimbursed by the grant. 7. The continuing goal of the recycling program designed and implemented by the COUNTY and CITY shall be to provide for sufficient reduction of the amount of municipal solid waste being disposed of at the solid waste facilities in order to meet state mandated reduction goals. 8. The recycling program shall also continue to include a public education program to promote recycling, participation in the established recycling programs, volume reduction, and proper methods of waste disposal in accordance with rule 62-716, F.A.C. 9. To the fullest extent pen-nitted by law, the COUNTY and the CITY each agree to hold each other harmless as to the full and faithful performance of this Agreement, the application, development, implementation, and operation of any grant program in furtherance of the ACT and applied for and receive pursuant to this Agreement. To the fullest extent permitted by law the COUNTY and the CITY each agree to indemnify the other party for any errors, omission, negligence, malfeasance, misfeasance, or nonfeasance, including the payment of any joint recycling programs implemented pursuant to this Agreement or any actions by either party hereunder in -2- 0 0 regard to application, implementation, and operation of any grant made by the COUNTY to FDEP or any other governmental entity in furtherance of this Agreement. As "grantee" for similar status under any grant secured pursuant to this Agreement of the ACT, the COUNTY agrees to timely and properly comply with all operating and reporting requirements of the grant. 10. Obligations. Obligations under this Agreement are not an indebtedness of the COUNTY or CITY. The respective obligations of each party hereto under this Agreement shall not be an indebtedness within the meaning of any constitutional, statutory, charter or ordinance provision or limitation of any party hereto. Neither of the parties hereto are obligated to pay or cause to be paid any amounts due under this Agreement except in the manner provided herein, and the faith and credit of any party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement shall not require any party hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. 11. Relationship of the Parties. Except as set forth herein, neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligation assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent or local representative of the other party, or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. 12. Notices. All notices, consents, or other communications required, permitted or otherwise delivered under this Agreement, except correspondence and transmittals relating to specific development orders and permits, shall be in writing and shall be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: As to County: Deputy County Administrator Okeechobee County, Florida 304 NW 2 nd Street, Suite 106 Okeechobee, Florida 34972 With Copy to: John D. Cassels, Jr., Esquire County Attorney 400 NW 2 nd Street Okeechobee, Florida 34972 As to City: City Administrator City of Okeechobee 55 SE 3 rd Avenue Okeechobee, Florida 34972 -3- With Copy to: John R. Cook, Esquire City Attorney 202 NW 5 th Avenue Okeechobee, Florida 34972 13. Changes in the respective addresses of the parties may be made from time to time by either party by notice to the other party given by mail. Notices given in accordance with this section shall be deemed to have been given five (5) business days after the date of mailing; notices and consents given by any other means shall be deemed to have been given when received. 14. Incorporation of Agreements. This document supersedes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. Accordingly, it is agreed that no deviation from the ternis of hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the governing bodies of the parties and filed with the Clerk of Circuit Court of Okeechobee County. 15. Severability. In the event that any provisions of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified or supplemented or otherwise affected by such action, remain in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Okeechobee County, Florida has caused this Agreement to be executed as of the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA 20-A Clif Betts, Jr., Chairman (SEAL) Sharon Robertson, Clerk Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney -4- IN WITNESS WHEREOF, the City Council of the City of Okeechobee, Florida, has caused this Agreement to be executed as of the date first above written. ATTEST: Bonnie S. Thomas, CMC, City Clerk CITY OF OKEECHOBEE, FLORIDA 'Rv- James E. Kirk, Mayor (CORPORATE SEAL) APPROVED AS TO FORM AND CORRECTNESS: By: John R. Cook, City Attorney -5- ee/15/2e@2 14:48 663-534-7129 r.O.T. LEGAL DEPT. Florida Department of Transportation JEB BUSH GOVERNOR August 15, 2002 Mr. Donnie Robertson Via U. S. Mail and fax to (863)763-1686 Director of Public Works City of Okeechobee 55 S.E. Third Ave. Okeechobee, FL 34974-2932 EXHIBIT 2 ~ AUGUST 20 AGENDA THOMAS F. RARRY, JR- SECRETARY RE: Guardrail installation and reopening of SW 12* Ave. (Halliday Ave.) south of SR 70 Dear Donnie: Per our recent conversation regarding the above matter, this letter is to confirm the interest of the FDOT in providing the funds for the City of Okeechobee to install a guardrail along SW 12'h Ave. (Halliday Ave.) south of SR 70 so that the street could be reopened. At a later time, when the current FDOT project for the widening of SR 70 in the area is constructed, the guardrail would be tied -in to the planned FDOT improvements. The FDOT has estimated the cost of the guardrail iustalled at $11.00 LF, or a total of $5,500.00 for the 500 LF that will be required to carry it all the way to the next street to the south. The present game plan is for the City to have the guardrail installed, and the FDOT will pay the cost. It is my understanding that because the estimated cost is less than 510,000.00, the City should be able to make a direct contract without the necessity of advertising for bids. Additionally . , as an attorney, it would be my opinion that because the installation of this guardrail involves a matter of public safety, it should be within the councils' power to expedite the tnstallation. I will be happy to discuss this issue with the city attorney if necessary. Due to an upcoming eminent domain jury trial where significant dollars are at issue, it is important to the FDOT that the agreement between the FDOT and the City be consummated on or before September 12, 2002, that the actual installation work be started within thirty days of the agreement, and be completed with the street open and in use before November 11, 2002. The guardrail will be constructed to FDOT Standard Specifications for Road and Bridge Construction dated 2000, as amended, which can be found at bttp,.//Www.d-Qt.state.fl.cgm—/-sp-ecificationsofrice. I have also enclosed the title page for the standards as well as Section 556, GUARDILAM-CERTIEFICATION. Should your engineer need anything further, FDOT personnel will be happy to assist him. www.dot.state.fi.us QD ReCYCLED PAPGM 08/15/24N-2 14.48 863-534-7129 D. 0. -. LE( --,AL DEEPT. PAGE a 14 Mr. Donnie Robertson Director of Public Works City of Okeechobee Okeechobee, FL 34974-2932 August 15, 2002 Pagetwo Please discuss this with Bill Veach, the City administrator, or whomever you feel is necessary, and get back to me at your earliest convenience. If there are questions or suggestions to expedite this process, please do not hesitate to contact me immediately. Yours very truly, 40 krank W, Vulmer cc: Bernie A. Masing, District Project Mgmt. Engineer — IMS 1-29 Thomas A. Small, District Right of Way Manager — MS 1-66 Marshall H. H. Dough", Jr., Design Administration — MS 1-37 M.F/mjf fi:�UTSBRSV33 SOFF�7R.A.NKQciepka\Pobe(tsor..#10uatdTail.doc 02,115,,2002 14.48 863-534-7129 D.0.7. LEGAL DEPT. PAGE FLORIDA DEPARTMENT OF TRANSPORTATION Standard Specifications for Road and Bridge Construction 2000 0 14:48 863-534--7129 D, 0. T. LEGAL DERL These Florida Depanment of Transportation Standard Specifications for Road and Bridge Construction, 2000, are hereby approved for application on highway and related construction Qontracts as referenced in the contract plans or specifications, and they shall apply as noted and amended by those documents. Approved, fteddie Simmons, P.E. Director, Office of Design I hereby certify that this Standaxd Specifications Book was prepared by me or under my direct supervision and that I am a duty re&tered professional engineer under the laws of the State of Florida. Duane F. Brautiggarn, P. State Specifications Engineer COPIES OF THIS BOOK MAY BE OBTAINED FROM: Florida Department of Transportation Maps & Publications Sales Mail Station 12 605 Suwannee Street Tallahassee, Florida 32399-0450 Phone: (850) 414-4050 Fax: (850) 414-4915 http://www.dot.state.fl,us All sales are final. We must have pre -payment with a cover letter or -*rder form stating what is being ordered. A street address for shipping is required. All orders being shipped to a Florida address must include 6% sales tax and discretionary tax, when applioable, or a tax exempt number. I Secti 1 2 3 4 5 6 7 8 9 100 101 102 103 104 )I( 12( 12 � 16( 16 16' 16 17� 17. 08/15/2002 14:48 863-534-7129 D.O.T. LEGAL DEPT. PAGE 05 0 0 536 GUA"RAEL - CERTIFICATION. (REV 5-2-01) (FA 6-14-01) (7-02) ARTICLE 536-2 (Pages 666-668) is expanded by the following.- 536-2.6 Certification: Provide the Engineer a certificatimi from the manufacturer confirming that aH materials (timber or steel posts, anchor and offset blocks, refiector elements, and all other accessories) meet the requirements of this Section, Section 6 and the Design Standards. Provide the Engineer a copy of the certification at least ten days prior to guard-rail construction. Also furnish the Engineer a Certificate of Compliance certifV1119 that the guardrail system, materials and construction practices comply with applicable Dcsign Standards and Specifications. Aocep=cv of furnished material will be based on the Certificate of Compliance, material c4rtification and visual inspection by the Engiteex, EXHIBIT 3 - AUGUST 20 AGENDA CITY OF OKEECtiOBEE General Services Department 55 SE 3rd Avenue, Room 101 Okeechobee, FIL 34974 Phone: 863-763-3372 ext. 217 Fax: 863-763-1686 DATE RECEIVED: DATEISSUED: FAPPLICATION No: DATE(S) OF EVENT: -"// k 4) 1 FEE: $175.00 DATE PAID: TEMPORARY PERMIT APPLICATION n-ruao Tr_R)1Dn0A0V RTPI IrTl IRF.R ILDR SEC 681-41 %-.I I I a -IN I-.. Name of Property Owner(s): & j, t,) Address: 16& iu, PA-A-e-o-t�- Au�,,. Z < Telephone Numbers: Home'. Work: Mobile/Cell: Pager'. 0 _J (L - Name of Applicant: j�o -Be(E: eu, - 13- t I Address: 5_01 lot') �A- .6A ["Ie hone Numbers: Home: Work: '7& 3 Mobile/Cell: Pager: Future Land Use Map Designation: Current Zoning Designation: C- r) k1 Legal Description of Property:( v 2, -3/ 7. 0 c, AL Address of Property: /o& lo POIZILO,�I- Please Explain Type of Use:,��,L.,o Briefly describe use of adjoining property: W CL 0 North: East: 0. South: West: Attach the following documents: 1. Letter of intent Outlining event(s) to take place. 2. List of vendor(s) participating, if possible. L 3. Proof of non-profit status, if applicable. 4. Notarized letter of permission, if applicant is not the property owner. The following temporary structures may be permitted upon the issuance of this temporary permit, subject where applicable, to additional restrictions and requirements as set forth in Chapter 10, Sec. 10-77 Code of Ordinances, and requirements of the City Licenses and Business Regulations: Christmas trees, fireworks and similar seasonal sales operated by non-profit organization. Carnival circus, fair or other special event operated by a non-profit organization or abutting their principal use. Commercial carnival, circus or fair in commercial or industrial districts. Similar temporary structures where the period of use will not exceed thirty days a year. Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council. I hereby certify that the information on this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500-00 and imi)risonment of up to thirty days and may result in the summary denial of this application. ,2 �S-ign6ture 6f-Applicant i�l �nnrfifinnc�* Date 7- itV Staff (Please review tne ap ciLLCILA I LU1 1 11 1 IUF ILO ----- - c upa� I and/or State.License Verification: Date: F /,3 C) n t Fir D e pp val. D ]at e: L artme pproval: Da�� _//_3 tA �ov a, 1. Ub ic orks De /I pr Zz Date: Buildin Inspector Ap al: Date - City A minii trator Approval: Date: August 12, 2002 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non-profit organization, to hold a fund raising boot drive for the Muscular Dystrophy Association on August 17, 2002, August 18, 2002, August 24, 2002 and August 25, 2002 on our property located at 106 N Parrott Ave. Thank you, KATHY WILKINSON Notary Public, State of Florida My Conw. Expires July 6, 2006 Comm. No. DD 127941 EXHIBIT 4 — AUGusT 20 AGENDA APPLICATION FOR TAXI CAB BUSINESS PERMIT 1. Applicant's Name: A-1 TAXI & ALL COUNTY TAXI CORPORATION 2. Applicant's Address: 6Q.1M W. Park St. - Suite 203 - Okeechobee, Fl. How Long: 5 1/2 years ......... previously at 403 N. W. 3 St. for 11 jears. 3. Telephone No.: Disnatch - 763-8393 Business Office - 763-8316 Fax - 357-1402 4. If a corporation or partnership, list names and addiesses of all officers or partners: Ruth G. Krieg, 964 County Road 721 - Lot 21 - Lorida. Florida, 33857 5. Length of time applicant has resided in the City or County of Okeechobee: Corporation has had 1jermit and operated in the City of Okeechobee for the mst 17 years 6. Give description of all experience applicant has in the transportation of passengers: Corporation has operated said business since 1984 provid* local and lon2 distance transilortation. Ruth Krieg has managed and owned said business for the nast 8 years. 7. List any facts which prove that public convenience and necessity require granting a permit: Continue to provide a safe means of transvortation fo residents of area by avoroved vehicles, propet-11 insured with experienced, qualified, courteous drivers. 8. Number of vehicles to be operated by the applicant under this permit: 1 vehicle nrollerly painted (white with red lettering) with . age. 9. List the year, make and model and motor number of each vehicle to be used as a taxi cab: 1995 FORD AEROSTAR VAN VIN#1FMCAl1UXSA14452 10. Address of proposed depots and terminals: (Please indicate the zoning of each address listed): 60jrS. W. Park St., Okeechobee, Florida - Business zoning 11. Color scheme or insignia to be used to designate vehicles of applicant (Include picture or drawings): White vehicle with red lettering A-1 Taxi - 763-8393 12. List all persons who have an interest in this business: Ruth G. Krieg and Henry F. Krie2. H E 0 -2- Okeechobee as references. Give length of acquaintance with each individual. Nettie & Roberts Williams - 1954 S. W. 40 Dr. -- Okeechobee, Fl. - 14 years Ronnie Lawrence - 150 N. W. 102 St. - Okeechobee, Fl. - 9 years Willard Mays - Okeechobee, Fl. - 11 -years 14. Give the name, address and phone number of all business connections or employers within the last 6 years: Have owned and overated this business for the vast 8 years. Prior to that Ruth G. Krieg was a medical consultant and medical practice administrator in south Florida for over twenty years and Henry F. Krieg, IH was retired from senior manaeement of Barnett Bank fo a veriod of over twenty years. 15. Give all previous addresses within the last 5 years: 964 County Road 721 Lot 21, Lorida, Florida 33857 16. Location of main office: 60-15�S. W. Park St. --Suite 203 - Okeechobee, Florida Business zonine 17. Explain all driving citations applicant has received within the last 5 years: None 18. Explain all accidents the applicant has been involved in within the last 5 years: 1994 - Taxi hit bI another vehicle from the rear at intersection of N. W. 3 Ave. and 2 st. - Other driver sited foraccident; 1999, taxi durinf! heavy rain, taxi alInlied brakes and slid into another vehicle, their were no iniur-es, and no tickets were issued. 19. indicate hours and days of proposed operation of each location: Taxi will be operation 7 days a week from 7:00 a.m. until 8:00 p.m., Mon., Tues., Wed., and Thurs... Fri., St., & Sun. from 7:00 a.m. until 9:00 p.m. 20. Does applicant have liability insurance meeting the following minimum requirements: X Yes No (must include proof). a) For bodily injury to one person, $ 100,000.00 b) For bodily injuries to more than one person arising out of the same accident or event, $ 300,000.00 c) Property damage, $ 50,000.00 City Attorney's Signature 0 0 -3- APPLICANT'S STATEMENT I certify that answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for a taxi cab business permit. 'A - Applicant's SignatureV Date' FOR POLICE DEPARTMENT' S USE This application for a taxi cab permit was reviewed and approved -"" or disapproved on c) -7 - / 9 _, 2002. 0, C�� 0 7 -/T-0 -c- Police"Departidint Date (Attach written "Inspection of Vehicle report") FOR GENERAL SERVICES USE This application for a taxi cab permit was approved disapproved by the City Council on 2002. This application expires on General Services 2003. Date FOR FINANCE DEPARTMENT'S USE 14 �S� ei) - Q1 An application fee of I dollars and Ire of (.0 .60 dollars has been paid to the Department of Finance on this I Tl'da-v of �AaW- , 2000,-D- 3 Finance Depakinent Date 0 0 TAXI INSPECTION Business Name: A I Taxi & All County Taxi CorQwner's NameRuth G. Kreig Business Address: 605 S.W. Park SStreet Suite#203 Okeechobee, F1 Owner's Address: 964 County Road 721 Lot # 21 Lorida, Fl. 33857 Make of Vehicle: Ford Aerostar Van Year: 1995 Vehicle#: N/A Vin# IFMCAIIUXSA14452 1. All vehicles must be at least four (4) and six (6) ppsengers including the driver. 2. Must have business name on front or rear doors in painted letters not less than six (6) inches and no more than twelve (12) in height. 3. Each taxicab shall bear an identifying number and no two shall have the same number. 4. Each color scheme and logo or monogram must be approved by the City Council. 5. Rate chart, meter, and drivers display card must be visible to the passengers in the rear seat. - 6 7 General equipment safety inspection: Brakes CHECKED A/C CHECKED Rear view Mirror CHECKED Lights CHECKED Heater CHECKED Horn CHECKED Muffler CHECKED Tires CHECKED Windshield wiperSCHECKED OtherFL. TAG EXPIRED 06/02 General cleanliness of vehicle GOOD NO RATE CHARGE CHART, DONE BY MILAGE $3.00 MTN $1.25 PER MILE Remarks ONLY ONE TAXI NO IDENTIFYING NUMBER. APPROVAL UPON CURRENTZNEW REGISTRATION SGT. D.G. WILBUR #04 Inspector's Name (printed) 07119/02 SGT. D.G. WILBUR #04 Inspector's Signature Date