2003-01-21 RegularCITY OF OKEECHOBEE
JANUARY 21,2003 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 8
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
CALL TO ORDER - Mayor:
January 21, 2003, City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES: Invocation offered by Pastor Randy Huckabee;
Pledge of Allegiance led by Mayor Kirk.
Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the January 7, 2003 Regular Meeting.
Mayor Pro-Tempore Watford called the January 21, 2003 Regular City Council Meeting to order at 6:00 p.m. He
announced that Mayor Kirk was ill this evening and asked that he chair the meeting.
Invocation was offered by Council Member Williams in Pastor Huckabee's absence;
Mayor Pro-Tem Watford led the pledge of allegiance.
City Clerk Gamiotea called the roll:
Absent
Present
Present
Present (serving as Mayor Pro-Tempore)
Present
Present
Present
Present
Present
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
January 7, 2003 Regular Meeting; seconded by Council Member Markham.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
465
466
JANUARY 21, 2003 - REGULAR MEETING - PAGE 2 OF 8
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the December 2002 Warrant Register:
General Fund ................................ $386,280.22
Debt Service Fund ............................. $99,682.48
Public Facilities Improvement Fund ................. $2,554.93
Capital Projects Building Fund .................... $35,371.96
Capital Projects Vehicle Fund .................... $15,000.00
Law Enforcement Special Fund ..................... $578.40
VI. AGENDA - Mayor.
Council Member Markham moved to approve the December 2002 Warrant Register in the amounts: General Fund
three hundred eighty-six thousand, two hundred eighty dollars and twenty-two cents ($386,280.22); Debt Service Fund
ninety-nine thousand, six hundred eight -two dollars and forty-eight cents ($99,682.48); Public Facility Improvement
Fund two thousand, five hundred fifty-four dollars and ninety-three cents ($2,554.93); Capital Projects Building Fund
thirty-five thousand, three hundred seventy-one dollars and ninety-six cents ($35,371.96); Capital Projects Vehicle
Fund fifteen thousand dollars ($15,000.00); and Law Enforcement Special Fund five hundred seventy-eight dollars
and forty cents ($578.40); seconded by Council Member Williams. There was a brief discussion on this item.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on
agenda. today's agenda. New Business Item "H" was added to discuss the request from the Department of Environmental
I Protection regarding surplus property.
Vil. NEW BUSINESS.
A. 1. a) Motion to read by title only and set February 4, 2003 as a public Council Member Chandler moved to read by title only and set February 4, 2003 as a public hearing date for proposed
hearing date for proposed Ordinance No. 812 revising the effective Ordinance No. 812 revising the effective date of Ordinance No. 780; seconded by Council Member Williams.
date of Ordinance No. 780 - City Attorney (Exhibit 1). 1
b) Vote on motion to read by title only and set the public VOTE
hearing date. KIRK - ABSENT
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
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JANUARY 21, 2003 - REGULAR MEETING - PAGE 3 OF 8
467
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
Vil. NEW BUSINESS CONTINUED.
A. 1. c) City Attorney to read proposed Ordinance No. 812 by title only. Attorney Cook read proposed Ordinance No. 812 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 780 WHICH ABANDONS THE ALLEYWAYS IN BLOCKS
125 AND 138, CITY OF OKEECHOBEE AND A PORTION OF NORTHWEST THIRD STREET AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN
AMENDED EFFECTIVE DATE THEREOF."
2. a)
b)
C)
Motion to approve the first reading of proposed Ordinance Council Member Chandler moved to approve the first reading of proposed Ordinance No. 812; seconded by Council
No. 812. 111 Member Williams.
Discussion.
Vote on motion.
B. Motion to adopt Resolution No. 03-01 authorizing necessary
documents to enforce environmental and use restrictions for the
Industrial Park - City Attorney (Exhibit 2).
Alley and Street Closing Application No. 63 was submitted by Okeechobee County for the alley in Blocks 125 and 138
and a portion of Northwest 3' Street between 2 n' and 3' Avenues. This is the site for the new Judicial Complex. The
application was approved and Ordinance No. 780 was adopted by the City Council. In the application each utility
company requested that new easements be assigned to them, therefore the effective date of the ordinance was to
be when the easements were recorded and copies received by the Office of the City Clerk. The County has designed
the project to use the existing right-of-way easements that are around the perimeter of the blocks. Therefore, they
will not assign new easements to each utility company. The County is now requesting that the ordinance become
effective without the necessity of the easements.
The Council requested Clerk Gamiotea obtain in writing that the easements will not be necessary and have this at the
final public hearing.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member Chandler moved to adopt Resolution No. 03-01 authorizing necessary documents to enforce
environmental and use restrictions for the Industrial Park; seconded by Council Member Williams.
168
JANUARY 21, 2003 - REGULAR MEETING - PAGE 4 OF 8
AGENDA
VII. NEW BUSINESS CONTINUED.
B. Motion to adopt Resolution No. 03-01 authorizing necessary
documents to enforce environmental and use restrictions for the
Industrial Park continued.
COUNCIL ACTION - DISCUSSION - VOTE
Attorney Cook read the title of proposed Resolution No. 03-01 as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA RECOMMENDING AND AUTHORIZING THE ENACTMENT OF CERTAIN DEED
RESTRICTIONS PERTAINING TO THE CITY INDUSTRIAL PARK HEREIN DESCRIBED TO ADDRESS AND
PROTECT ENVIRONMENTAL CONCERNS AND GRANT ADMINISTRATION REQUIREMENTS NECESSARY
UNDER STATE AND FEDERAL GRANTS ON SUCH PROJECT; DIRECTING THE CITY ATTORNEY TO PREPARE
SUCH RESTRICTIONS, AND FOR THE CITY CLERK TO RECORD SAME IN THE PUBLIC RECORDS, PROVIDING
AN EFFECTIVE DATE."
There was a brief discussion regarding this item. Attorney Cook advised that this was mandatory for the Federal grants
the City has received. The next step will be for him to draft the actual deed restrictions. These restrictions will be
binding to all landowners in the industrial park.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
C. Motion to approve an amended Interlocal Agreement between Administrator Veach addressed the Council regarding this item. Exhibit Three contains two letters. One is from the
Okeechobee Utility Authority (OUA), Okeechobee County and the OUA requesting the amendment to the interlocal giving them permission to impose special assessments for the
City of Okeechobee regarding an imposition of special assessments installation of new water and sewer lines. The second letter is from the County Administrator, advising the OUA, that
by OUA pertaining to the installation of new water and sewer lines - the Board of County Commissioners decided not to approve the amendment, but will continue to consider the
City Administrator (Exhibit 3). 11 imposition of assessments on a case -by -case basis.
Following a brief discussion between the Council and Staff, the Council determined that it would not take action
on this matter at this time.
D. Discussion related to legal proceedings necessary for procurement The City needs to acquire a portion of unplatted lands (Parcel Identification No. 3-15-37-34-0010-00010-001 B) owned
of a right-of-way crossing in Taylor Creek at Northeast Ninth Street by William H. Mason. The property is East of Northwest 9th Street and West of Taylor Creek and is needed to access
City Administrator (Exhibit 4), the City's proposed Industrial Park/Commerce Center. The plan also calls for a bridge across Taylor Creek.
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JANUARY 21, 2003 - REGULAR MEETING - PAGE 5 OF 8 469
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
V111. NEW BUSINESS CONTINUED.
D. Discussion related to legal proceedings necessary for procurement 11 Staff is requesting direction from the Council, authorization to negotiate with the property owner to purchase the
of a right-of-way crossing in Taylor Creek at Northeast Ninth Street property, and explore the steps, time and costs with filing a condemnation. They will bring back all the information to
continued. the Council to make the final decision.
Mr. Mason addressed the Council by distributing a letter to each Member which read:
January 21, 2003
Honorable Jim Kirk, Mayor of Okeechobee City, Okeechobee, Florida.
Dear Sir: In reference to the property that I own along the west bank of Taylor Creek that the City of Okeechobee
needs to extend Northeast 9th Street to and across Taylor Creek, I will be the first one to state that the approximate
one-third acre is of minimum value. However, the loss of my property for the City's planned use will have a negative
impact for the remaining two thousand feet of my property to the North.
I did not leave any room in my asking price for negotiations. I made my offer below what I believe the actual negative
impact would have on my remaining property. The loss of this property would totally negate any value to me of the
remaining three hundred feet of property to the South as it presently serves as a buffer zone to filter out noise and
prevents public intrusion from the CSX railroad tracks,
The City implies this project will increase the value of my property in which I strongly disagree. Assuming it was true,
the increase in value would still have a negative impact on me because of increased taxes over the next thirty years
of my expected life. I did not purchase this property as an investment, I purchased it to receive the use and enjoyment
it offers in its present state. My purchase plans are to keep this property intact as much as possible and construct a
cracker type house and pass it on to my grandchildren and from them to theirs so that a little bit of the past will remain
in Okeechobee for the next one hundred fifty years.
I believe it will take expert testimony to place a fair value on the peace and tranquility that this property offers in its
present state that this extension of 9th Street will take away. Over the last ten years there has been several hundred
people to use this property free of charge for holiday gatherings, retirement parties, church functions, weddings and
the like. One particular group numbering forty-five to seventy people from North Florida, Georgia, Alabama and
Tennessee return each year for a week -end of reminiscing and good food catered by local businesses that require
overnight lodging at our local motels. I've had guess to rent a room at a local motel, eat a hot breakfast in a local
restaurant and in five minutes be in a blind eleven blocks from the center of town to observe the daily habits of the deer
and wild turkeys, otters playing in the sun, bobcats scrambling up a cypress tree to escape the wrath of a group of
turkeys. I have personally seen a pair of the infamous Florida Panther traversing this area.
470
JANUARY 21, 2003 - REGULAR MEETING - PAGE 6 OF 8
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
VII. NEW BUSINESS CONTINUED.
D. Discussion related to legal proceedings necessary for procurement I believe that the City tax paying residences of Okeechobee County making up a jury of my peers would be as fair as
of a right-of-way crossing in Taylor Creek at Northeast Ninth Street possible to both parties when all things are taken into consideration. At least it is one I am prepared to accept. I would
continued. like to offer the opportunity to the entire Council and the entire audience to make a site visit to the proposed bridge
location tomorrow January 22, 2003 at a predetermined time in between the times of 9:00 - 11:00 a.m, so that
everyone will be more enlightened on this problem.
Signed William H. Mason, 1032 SW 20' Avenue, Okeechobee, FIL 34974
Mayor Pro-Tem Watford and Attorney Cook explained the advertising requirements under the "Sunshine Laws" and
that it would be better if each Council Member met one at a time with Mr. Mason at the property. Mr. Mason advised
that would not be possible and he would wait until they could meet advertising and another date and time could be
set.
Council instructed Clerk Gamiotea to work with Mr. Mason on scheduling an off -site workshop and advertise
for it. They authorized Attorney Cook to explore the condemnation method and expense.
E. Motion to approve a recommendation of the Code Board to file a
nuisance abatement lawsuit on the Dasher property - City Attorney. Attorney Cook explained to the Council that the Code Enforcement Board has exhausted all efforts to bring the
property located at 818 Southeast 10" Street in compliance. The property is being cited for violation of City Code Book
Section 8-10 Public Nuisance, the grass is overgrown, there are holes in the roof, broken windows, doors and
neighbors have complained that homeless people are using it as a shelter, The property is in probate, there are three
heirs to the property, two are willing to sell and one will not cooperate. The attorney handling the estate has been
contacted several times and nothing has been done to bring it into compliance. If the Council decides to approve the
recommendation of the Code Enforcement Board this would give the City the opportunity to clean up the property and
assess the costs of the clean up to the tax roll.
Council Member Markham moved to approve a recommendation of the Code Board to file a nuisance abatement
lawsuit on the Dasher property; seconded by Council Member Williams.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
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JANUARY 21, 2003 - REGULAR MEETING - PAGE 7 OF 8
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
Vil. NEW BUSINESS CONTINUED.
F. Motion to approve a recommendation of the Code Board to
commence foreclosure against the Geraldine Bertram property -
City Attorney.
Attorney Cook explained that this is another item the Code Enforcement Board has exhausted all efforts-w to bring
in compliance, This property owner (Geraldine Bertram) had several properties cited, all were brought into compliance
except the property located at 1302 South Parrott Avenue. Violation cited for is City Code Book Section 8-8
Abandoned Vehicles, specifically an abandoned bus that does not operate nor does it have a tag. The Code
Enforcement Board (CEB) implemented a daily fine until the property comes into compliance, The owner was notified
of all meetings. They (CEB) gave her the deadline of January 10, 2003 to come into compliance. The item was again
on the January 14, 2003 CEB agenda, since it was still in violation after the deadline, she was not present at that
meeting. The purpose of the foreclosure is to have the property brought into compliance and collect the fine, it is not
a foreclosure to take the property.
Council Member Williams moved to approve a recommendation of the Code Board to commence foreclosure against
the Geraldine Bertram property; seconded by Council Member Chandler.
VOTE
KIRK - ABSENT
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
G. Discussion pertaining to right-of-way issues on Southeast Thirteenth Mr. Herb Nix appeared before the Council explaining a matter involving property owners not being able to obtain loans
Avenue - Herb Nix (Exhibit 5), from mortgage companies to build and/or remodel their homes since they did not have legal access to their property.
The parcels of land are located in Southeast Okeechobee at the City Limits, They are unplatted lands. Mr, Nix was
requesting some type of easement or deed to give the property owners access to their property.
Clerk Gamiotea advised that she had researched the matter and the City does not have any records regarding the
property. Attorney Cook has spoke with Mr. Nix and other property owners in the area regarding the matter. They have
two ways to handle the problem. One, each property owner would deed a portion of their property to make a sewnty-
foot road, pave it and deed it to the City to maintain. The area could be platted into a subdivision with appropdate
streets and dedicated to the City to maintain. Public Works Director Robertson advised that the City did not maintlin
the dirt drive that the owners are currently using to get to their property.
Hl� 1�
JANUARY 21, 2003 - REGULAR MEETING - PAGE 8 OF 8
AGENDA
VII. NEW BUSINESS CONTINUED.
G. Discussion pertaining to right-of-way issues on Southeast Thirteenth
Avenue continued.
ACTION - DISCUSSION - VOTE
Mayor Pro-Tem Watford advised Mr, Nix that the owners will have to determine how to handle the matter, Mr. Nix
responded that he was only interested in solving the problem for Juan and Cindy Rodriguez, they own the first parcel.
He introduced Mrs, Cindy Rodriguez to the Council. The property north of theirs is Lot 6 of Block D, Wrights 2 nd
Addition, she asked if they purchased that lot, would that give them "legal access" to the property? Attorney Cook
responded "I can't see why not." Mrs. Rodriguez and Mr. Nix thanked the Council for their time. Mayor Pro-Tem
Watford commented he was sorry they could not give them a better solution to the problem.
H. Discuss the Notice of Intent to sell Surplus State Land received from Mayor Pro-Tem Watford requested this item be added to the agenda. The Administrator received a letter from the
the Department of Environmental Protection. Department of Environmental Protection regarding a "Notice of Intent to sell Surplus State Land in Okeechobee
County." Specifically Lot 10, Block 46, First Addition to Okeechobee and Lots 7 and 8, Royal Oaks Addition. There
was a brief discussion regarding what use the property would be to the City. The consensus of the Council was that
they do not have an interest in purchasing the propeft.
Vill. ADJOURN MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE MAY NEED TO INSURE THAT A VERBATIM RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED.
ATTEST: �Dowlinag R. �Wafford. ayor-Pro-Tem
Larie Gamiotea/City 06�
There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 7:15 p.m.
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PAGi 4-
CrTY OF OKM-Q� - JAWJARY 21,2003.
FtEGMK CrTY COUNCIL MMECU UMM - 1 PIMARITTEN-MORM
Av --- CALL TjD.9RQEK- Mww. PrO Ja� 21.2003. Cftv Cwa Reaular Meeft. 6:00 o.m.
IL OPRING CEREMONNES: Irrvocation offeW bv Pastor Randv Hudwbee,
Pledw of fidleoiaime ledby-Ma'w.
M. UAY.(R COUNCIL MID STAFF ATTENDANCE - Cky CWIL
Abset
Council Member Noel A. Chandler V
n a 1 'r k mbM- - 'w- vy —1Y Markham —-
Council Member DovAing R. Watford, Jr.
rvienur Clayton wmiarTt§-----
Cd �6#pM
------ Mt. _ey h
I w. O-H
City Administrator 801 L. Veach
IV. WNUTES - C rk
A. Council Member moved to disperise with the reading and a�p_r6ie__#jj_Sijfimary of----
-.-----CmindLActiorLfmtw.,Iammq-1,20M-RegWar
-YEA NA _441,11113TW --- ii��
KIRK
MARKHAM
WILUAMS'
MOTIW CARRO DENIED
V. WARMT REGWR - City
10.00H X-R-Ail Mmitber -moved to 8-1 Dember, 2002 %as , —un at Register in the
amounts: GenerW Fund three hundred eightymsix thousand, two hundred eighty dollars and
dollars and
($99.682.48); Rft Facility Improvement Fund two thousand, five
hundred Wfourdollars ninety-three, cents ($2,554.V3); Capital
-:lhousandJwee_ -dolars and ninW-sb"mbA$35,VM.Capital-P-mpcb
Vehicle Fund fifteen thousand dogars ($15,000.00); and Law EnbWwt Special Fund fi"
-hulnudired smOy-eight. d6bm-awl k-n-Ity owts AAX; -Iku % &&A--
wy COMO
---- AIMTAW - ABSW C
KIRK
----CHANIXM ---- _�qA��+LL9
MARKHAM
--WANFORD--t,,,e-
W&UAM1S L--"
-MOTKW_4�_ DENIED --------
A. Requests for the addition, deferral or wfthdrawal of items on today's Menda.
0
0
PAGE -2-
V1. NEW BLWM&
A.1.8) dDuncil member movea w reaa byweon� and stAFulAuctty 4,2= ci* 4 wbkirdwilu
oate for proposed Ordinance No. 812 revising the effective date of Ordinance No. 780 - City
Atlorney (Exbbk 1); seconded by Council Member
b) Vote on motion to mad by title only and set the pubic hearing date..
�L= YEA NAY ABSTAIN A - wr
KIRK
CHANNiER V
MAR L-111
WILUAMS
UOTON��- DENIED
�City Atbnwy to read pwposed Ordinance No 819 by We onbi %N ORDINANCE OF THF
CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 780 WHICH
ABANDONS THE ALLEYWAYS IN B"CKS i2s *mD i3e, effy r
OKEECHOBEE AND A PORTION OF NORTHWEST THIRD STREET AS
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE
,COLINTY, FL IDA: PROVIDING FOR AN AMENDED EFFECTIVE DATE
THEREOF..'"
2. arotma Member moved to approve the first reading of proposed Ordinance No. 81J.;
seconOW Dy UOUnCH meMDer
b) Discussion.
lu a(Aat�.raupaqut _tLL Ntj-u -t,4A_g_L4
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c) -Vote on motion.
VOTE YEA NAY ABSTAIN ASSENT
IUKK
CHANDtXR
uAria"
WATFOOD
MOTIM wim
PAGE -3-
a. Council member , KIC" moved to adopt Resolution No. 03-01 auttiofting necessary
w entree eMonmenim and use resvicWw �A die hida*'da PWk - CRY Abwney
------ - __,PM* 21, o b member
A RES01 [MON OF T14E CM OF OKEECHOBEE, EMIDA—_—,
RECOMI"MG AND AUMORONG M EMMENT OF CERTAM DEED S
PERTAIMN TO THE MY INDUSTRIAL PARK NE—R-02 qEqCVj6an!V0 ADDRESS AND PROM -CT
ENVIRONMENTAL CONCERNS AND GRANT ADMISTRATION REQUIREMENTS NECESSARY
ERftGMMON SUCH PROJECTO ONECTING"EC"POWSMORM11
PREPARE SUM RES1 RCTION% AND FOR THE CITY CLERI(TO RECORD SAME IN THE PUBLIC
- --------- - - --
_UA
r
VOYE----- --YEA- --W —ABSTAIN
KIRK
MARKMAN
WILLIAMS
-MOTION Dfim.
C. council member moved to approve an amended Interlocal Agreement between
OIL-
--0ktt6KA0ft Ur( 2) wrj die city of mkwzx.� , Cwcm J" 04
an imposifion of special assessments by OUA perWning to ft instal11afion of new water and sew7A.�
Citj_AdminiStrat0r_(W"_ 3); seconded by Council Member.
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VOTE YEA MAY ABSTAIN ASSENT
CHANDLER
W
MWLV
WATFORD
MOTION CARRIED DENIED
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PAGE -4-
D. Db=ion related to legal proceedings necessary for procurernent of a right-of-way crossing in
i ayior ureeK at Normeast mnin -street - Ury Adminismor (EMM.
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PAGE 4-
E. CouncilMember moved tD approve a recommendabon of the Code Board tDfde a
numance abatement lawsm on TO WOW property - Uty A110MY', SeCOMW by (;OUnCN- WM1W
9,
---- - --------- ----
UAJ
VOTE YEA MAY ABSTAIN ABSENT
IER
WATFOItO
UOTIN
F. Council Member moved lo, approve a recommendation of the Code Board tD commence
I i A#
GoIaldineBeibarnproperty—C4 Wney, Jai by eounCH Member --
Law against Gm
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PAGE 41-
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CITY OF OKEECHOBEE
JANUARY 21, 2003 REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 OF 3
I. CALL TO ORDER - Mayor: January 21, 2003, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation offered by Pastor Randy Huckabee;
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the January 7, 2003 Regular
Meeting.
JANUARY 21, 2003 - CITY COUNCIL AGENDA - PAGE 2 OF 3
ri
LA
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the December, 2002 Warrant Register.
General Fund $386,280.22
Debt Service Fund $ 99,682.48
Public Facility Improvement Fund $ 2,554.93
Capital Projects Building Fund $ 35,371.96
Capital Projects Vehicle Fund $ l5X0.00
Law Enforcement Special Fund $ 578.40
VI. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VII. NEW BUSINESS.
A. 1.a) Motion to read by title only and set February 4, 2003 as a public hearing date for proposed Ordinance No.
812 revising the effective date of Ordinance No. 780 - City Attorney (Exhibit 1).
b) Vote on motion to read by title only and set public hearing date.
C) City Attorney to read proposed Ordinance No. 812 by title only.
2.a) Motion to approve the first reading of Ordinance No. 812.
b) Discussion.
C) Vote on motion.
JANuARY 21,,2003 - CITY CouNciL AGENDA - PAGE 3 OF 3
0
VII. NEW BUSINESS CONTINUED.
B. Motion to adopt Resolution No. 03-01 authorizing necessary documents to enforce environmental and use
restrictions for the Industrial Park - City Attorney (Exhibit 2).
C. Motion to approve an amended Interlocal Agreement between Okeechobee Utility Authority (OUA), Okeechobee
County and the City of Okeechobee regarding an imposition of special assessments by OUA pertaining to the
installation of new water and sewer lines - City Administrator (Exhibit 3).
D. Discussion related to legal proceedings necessary for procurement of a right-of-way crossing in Taylor Creek at
Northeast Ninth Street - City Administrator (Exhibit 4).
E. Motion to approve a recommendation of the Code Board to file a nuisance abatement lawsuit on the Dasher
property - City Attorney.
F. Motion to approve a recommendation of the Code Board to commence foreclosure against the Geraldine Bertram
property - City Attorney.
G. Discussion pertaining to right-of-way issues on Southeast Thirteenth Avenue - Herb Nix (Exhibit 5).
VIII. 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.
0
EXHIBIT 1 -
JANUARY 21 AGENDA
ORDINANCE NO. 812
AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING ORDINANCE NO. 780 WHICH
ABANDONS THE ALLEYWAYS IN BLOCKS 125 AND 138,
CITY OF OKEECHOBEE AND A PORTION OF NORTHWEST
THIRD STREET AS RECORDED IN PLAT BOOK 5, PAGE 5,
PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR AN AMENDED EFFECTIVE DATE
THEREOF.
WHEREAS the City of Okeechobee, Florida has enacted Ordinance No. 780, which
ordinance provided for an effective date, tied into a future date when the City was
to be provided certain easements to assure access to the streets and alleys closed
by the action of said ordinance; and
WHEREAS it has come to the attention of the City of Okeechobee that the applicant in
said street or alley closing has arranged for access to such streets and alleys
without the necessity for easements, and that such will not now be necessary to
provide to the City; and
WHEREAS it now becomes necessary to amend the effective date of Ordinance No. 780
to make it effective;
NOW THEREFORE the City Council for the City of Okeechobee, Florida does ordain and
adopt this ordinance to amend the effective date of Ordinance No. 780, as follows:
THAT Section 3 of Ordinance No. 780 is amended to read:
Section 3: This ordinance shall be set for final public hearing on the'v h
day of February, 2003, an shall have an effective date upon approval
thereof.
INTRODUCED for first reading and set for final public hearing this 2181 day of January,
2003.
ATTEST: JAMES E. KIRK, MAYOR
LANE GAMIOTEA, CITY CLERK
PASSED and ADOPTED on second and final public hearing on the e day of Februarv,
2003.
ATTEST:
LANE GAMIOTEA, CITY CLERK
REVIEWED FOR LEGAL SUFFICIENCY:
JAMES E. KIRK, MAYOR
JOHN R. COOK, CITY ATTORNEY
00 L 4 3
4�1
A
P — �'�5
ORDINANCE NO. 780
AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS
OR ALLEYWAYS LOCATED IN BLOCK 125 AND 138, CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT
BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY,
FLORIDA; CLOSING, VACATING AND ABANDONING A PORTION OF
NORTHWEST3 RD STREET, AS RECORDED IN PLAT BOOK 1, PAGE 10,
AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE
COUNTY, FLORIDA; DIRECTING THE CITY CLERK TO RECORD THE
ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE
CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City h,3s received an application for the closing of certain streets or alleys
as described i-1 this ordinance; and
WHEREAS, a review of such application reveals that it is in the best interest of the citizens
of the City of Okeechobee as a whole to grant said application; and
WHEREAS, the granting of the application will serve a legitimate public interest and is a
proper exercise of the municipal authority of the City of Okeechobee as a
discretionary f inction;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA, AS FOLLOWS:
Section 1: The alloVs, alleyways or streets described hereafter is hereby closed,
vacated and abandoned by the City of Okeechobee, Florida to -wit:
A 15 foot wide alley in Block 125, City of Okeechobee as
recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public
Records, Okeechobee County, Florida, more particularly
described as that alley running East to West between Lots 1 to
12, inclusive.
A 15 foot wide alley in Block 138, City of Okeechobee as
recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, Public
Records, Okeechobee County, Florida, more particularly
described as that alley running East to West between Lots I to
12, inclusive.
That portion of Northwest 3 rd Street between West right of way
line of Northwest 3 rd Avenue to the East right of way line of
Northwest 4 1h Avenue, City of Okeechobee as recorded in Plat
Book 1, Page 10, and Plat Book 5, Page 5, Public Records,
Okeechobee County, Florida.
Section 2: The City Clerk shall cause a certified copy of the ordinance to be recorded
in the pUblic records of Okeechobee County, Florida.
Page 1 of 2
0 0
Section 3: This ordinance shall be setfor final public hearing the 16'h day of October,
2001, and shall have an effective date of the last date of the following
documents being recorded on the public record with th clerk of Court,
Okeechobee County, Florida:
Easements from Okeechobee County, Florida to Florida Power and Light;
Sprint -Florida, Inc; Telesat Acquisition Limited Partnership (Adelphia Cable)
and the Okeechobee Utility Authority.
INTRODUCED for first reading and set for f inal public hearing this 1 81h day of Sentern ber,
2001.
Kirk, Mayor
James
:AT EST:
Bonnii�-'S. Tho-k-a MC, C�it;i:_Ierk
PASSED and ADOPTED on second and final public hearing this 16 1h of October, 2001.
"A
'TTEST!
ai-
Bonnie S. m , CMC, City Clerk —
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
360655
Ja es It. Kirk, Mayor
r- -1 "1" !'-)
E C,
F I F U HT Y
? 0 0 1 �.' (" I I I, f" t I I I ! .,I ')
SHAROtl P0f'QTS0,'%
CI ERK OF CIRCWT COUP T
Page 2 of 2
The Okee%obee News
P.O. Box 639, Okeechobee, Florida 34973
(863) 763-3134
Published Daily
STATE 9F FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared
Judy Kasten, who on oath says she is Publisher of the Okeechobee
News, a DAILY Newspaper published at Okeechobee, in
Okeechobee County, Florida; that the attached copy of advertise-
ment, being a
P -DT-cc��_
in the matter of
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues
of
2_LA
Affiant further says that the said Okeechobee News is
a newspaper published at Okeechobee, in said Okeechobee
County, Florida, and that said newspaper has heretofore been
published continuously in said Okeechobee County, Florida
each week and has been entered as second class mail matter at
the post office in Okeechobee, in said Okeechobee County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper.
bs d before me this
�a 'If
Sworn t a subs
day of/ '�) — A.D. 20 03
Notary Public, State of Florida a
-k—armen H. Vu,,,-n
Commission # CC 90
Expires Jan. 17, 2004
Bonded Thru
Atlankip Ronding Co , Inc
0
PUBLIC NOTICE
CONSIOERA'nom OF ADOPTING
A CITY O��� "
PLEASETAKE NOTICEMMIlluiCky,
Council of the CRY of Okoecbob*,,
Horlda, MR on Tuesday, Fsbrusry�
4. 2003 at 6:00 ti.m. or as soani-
conduct a FIRM
and thereafter I
reading of the fol
into law: NO. 812
OF THE CITY 0
FLORIDA AMOK
NO. 780 WHICH
ALLEYWAYS Of 1
138 CITY OF 0
A NRTION Q
which was W
..0101
it" until all use
Monte woo reaft
The saw offectin
mines No. 700
2M - ' "r
All members of the
couraged to aftfid
In said = The I
nance k=
fteom�
NIL M
a afte.
W!
: In -
rewiff uu3njm twum Munumir -
Friday, 8:00 a.m. 41:30 VA,,
cept for holldays.,�- ,
PLEASE TAKE NOTICE AND BE
ADVISED that 9 any porm do"!,
to ral
�ft�yC a with, respect 110
such InWasted pinion will riesd a!
record of the proceeft9c and for
such p rMd to sraure�'
amrbatirn of -the paceed-
= MMZI
Inge Is mado, which rkW ki-
cludes the tesbmoi* arid evidence
upon which the,,$ -pod Is le.be
p
based. City Clerktanm am for Rue
sole f0t
recok ';.1
In accordance with the AAmoviewmall,
wo
d
d�
n
c
ote
a no
Lane Gamkba
CITY CLERK
351069-ON 1/24M
0 0
EXHIBIT 2 —
JANUARY 21 AGENDA
RESOLUTION NO. 03-01
A RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA RECOMMENDING AND AUTHORIZING THE
ENACTMENT OF CERTAIN DEED RESTRICTIONS
PERTAINING TO THE CITY INDUSTRIAL PARK HEREIN
DESCRIBED TO ADDRESS AND PROTECT
ENVIRONMENTAL CONCERNS AND GRANT
ADMINISTRATION REQUIREMENTS NECESSARY UNDER
STATE AND FEDERAL GRANTS ON SUCH PROJECT;
DIRECTING THE CITY ATTORNEY TO PREPARE SUCH
RESTRICTIONS, AND FOR THE CITY CLERK TO RECORD
SAME IN THE PUBLIC RECORDS, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida wishes to develop its industrial property in the City,
and in conjunction therewith, has applied for, and been approved, for certain grants and funds
administered by the State of Florida and the U.S. Government; and
WHEREAS, in order to finalize such grant funding, the various grants require that certain language
be included in development agreements, deed restrictions, or other enforceable documents
to assure compliance with environmental concerns as well as restrictions on the use made of
the real property which will consist of an industrial park; and
WHEREAS, the City of Okeechobee recommends that such restrictions be imposed in order to
comply with the grant and funding requirements, and that it serves a legitimate public interest
to manage and administer the industrial park consistent with such grant requirements;
THEREFORE, be it resolved, approved and agreed by the City Council for the City of
Okeechobee, Florida, as follows:
I That the City Attorney is directed to prepare the necessary deed restrictions,
development agreements or other documents as necessary to enforce
envirom-nental and use restrictions on the following described real property owned
by the City of Okeechobee:
All of that part of the NW 1/4 lying East of Taylor Creek and North of the
Seaboard Coast Line railroad, the NW 1/4 of the NE 1/4 and all that part of
the SW 1/4 of NE 1/4 lying North of the Seaboard Railroad Line railroad, all
in Section 15, Township 37 South Range 35 East, public records Okeechobee
County, Florida, per warranty deed at OR Book 231 page 716, public records
Okeechobee, Florida; LESS AND EXCEPT that portion ofthe parcel deeded
to the Okeechobee Utility Authority on September 27, 1995 and found at
O.R. Book 370 page 1484, public records Okeechobee County, Florida.
2. That upon proper execution of same and signature affixed thereto by the Mayor, the
City Clerk and the City Attorney, the City Clerk shall cause same to be recorded in
the public records in and for Okeechobee County, Florida, to thereafter be a valid and
enforceable restriction on all subsequent owners, lessees or assigns thereof
3. That the restrictions shall include generally the following:
Page I of 2
0 0
a. That all future development of the real property consisting of the industrial
park shall ensure appropriate protection of, and permanently prevent
encroachment on, floodplains, wetlands and endangered species as may be
found at the site(s).
b. That pursuant to Federal grant, to acknowledge the responsibility of the City
and future owners, lessees or assigns ofthe industrial park property to use the
real property in accordance with Title 13 of the Code of Federal Regulations,
part 314, and only for the authorized and specific purpose of an industrial
park, and for no other purpose other than the general and special purpose of
the Federal grant as approved.
C. That since the authorized purpose of the Federal grant is to develop land in
order to sell, lease or otherwise convey it for development facility use, all
conveyances as approved shall be consistent with the authorized purposes of
the grant, and with applicable EDA requirements concerning, but not limited
to, nondiscrimination.
4. That this resolution shall become effective immediately upon its passage.
PASSED and ADOPTED this 21st day of Januarv. 2003.
ATTEST:
LANE GAMIOTEA, CITY CLERK
REVIEWED FOR LEGAL SUFFICIENCY:
JOHN R. COOK, CITY ATTORNEY
JAMES E. KIM MAYOR
Page 2 of 2
0
OKEECHOBEE UTILITY AUTHORITY
RO. Box 835
Okeechobee, Florida 34973-0835
Bill Veach, City Administrator
City of Okeechobee
55 SE 3' Avenue
Okeechobee, FL 34974-2932
Re: Interlocal Agreement
Dear Mr. Veach:
is EXHIBIT 3—
JANUARY 21 AGENDA
(863) 763-9460
December 30, 2002 FAX: (863) 763-9036
The Board of the Okeechobee Utility Authority (OUA) has discussed various options available
for the installation of new water and sewer lines. One option was to levy special, non ad valorem
assessments on benefitted properties.
In order for the OUA to levy and collect special non ad valorem assessments the Interlocal
Agreement must be amended to include Florida Statute No. 153.
Attached for your review is a copy of the proposed Third Amendment to the Interlocal
Agreement between Okeechobee County and the City of Okeechobee.
Please present this proposed amendment to the City Council for their review and approval.
Upon approval by the City Council and County Commissioners I will provide the original for the
signatures required on the document.
Please let me know if you have any questions.
Sincerely,
z�(�
er,
Landon C. Fortn Jr.
Executive Director, OUA
Enclosure
0 0
THIRD AMENDMENT
TO
INTERLOCAL AGREEMENT
CREATING THE OKEECHOBEE UTILITY AUTHORITY
BETWEEN
OKEECHOBEE COUNTY
AND THE CITY OF OKEECHOBEE, FLORIDA.
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT, made and
entered into this day of .1 2002, by and between the Board
of County Commissioners of Okeechobee County, Florida, a political subdivision of the
State of Florida, hereinafter referred to as "County," and the City Council of the City of
Okeechobee, Florida, a municipal corporation existing under the laws of the State of
Florida, hereinafter referred to as "City."
W I T N E S S E T H:
WHEREAS, the County and the City previously entered into that certain
Interlocal Agreement dated November 10, 1994, whereby the Okeechobee Utility
Authority was created; and
WHEREAS, the Okeechobee Utility Authority has requested the County and the
City to amend said Interlocal Agreement.
NOW, THEREFORE, for and in consideration of the premises and mutual
agreements hereinafter set forth, the County and the City hereby agree that said
Interlocal Agreement is hereby amended as follows:
Paragraph 3.2.i of ARTICLE IV - CREATION OF UTILITY AUTHORITY - is
amended as follows:
3.2. The Authority shall have the following powers:
i. To levy special, non ad valorem assessments on benefitted properties,
pursuant to the methods for establishing and collecting such non -ad
valorem assessments set forth in Chapters 125, 153, 166 and 170, Florida
Statutes. The Authority may collect non ad valorem assessments utilizing
the methods and procedures provided to local governments under
Sections 197.3631 and 197.3632, Florida Statutes, including the issuance
and sale of tax certificates and tax deeds for non-payment of said non ad
valorem assessments.
AFFIRMATION BY COUNTY
The County hereby affirms that, at a duly constituted meeting of the Board of
County Commissioners of Okeechobee County, Florida, on the _ day of
, 2002, it approved the terms of this Third Amendment to Interlocal Agreement and the
execution thereof by the County.
BOARD OF COUNTY COMMISSIONERS OF
OKEECHOBEE COUNTY, FLORIDA
By
ATTEST: Chairman
By
Clerk (SEAL)
AFFIRMATION BY CITY
The City hereby affirms that, at a duly constituted meeting of the City Council of
the City of Okeechobee, Florida, on the
day of , 2002, it approved the terms of this Third Amendment to
Interlocal Agreement and the execution thereof by the City.
CITY COUNCIL OF CITY OF
OKEECHOBEE, FLORIDA
ATTEST:
By
City Clerk
Am
Mayor
(SEAL)
Board of County Commissioners
SEAL.
Okeechobee County
19 17
304 N.W. 2nd treet, Room 106
OKEECHOBEE, FLORIDA 34972
(863) 763-6441
FAX (863) 763-9529
January 13, 2003
Landon C. Fortner, Executive Director
Okeechobee Utility Authority
P.O. Box 835
Okeechobee, FL 34973-0835
Re: Interlocal Agreement
Dear Mr. Fortner:
Pursuant to your December 30, 2002 request, the Board of County Commissioners
declined to take action on the proposed Interlocal Agreement amendment regarding
imposition of special assessments by OUA. However, the Board also indicated that
requests for county imposition of such assessments would continue to receive
consideration from the BOCC on a case -by -case basis.
If you have any questions or require additional information on this mafter, please let me
know.
Sincerely,
George A. Long
County Administrator
cc: BOCC
,,City of Okeechobee
David E. Hazellief Gene Woods Clif Betts, Jr. John W. Abney, Sr. Clois J. Harvey George A. Long
District I District 2 District 3 District 4 District 5 County Administrator
D—SearchResults
HOME
Record
Search
GIs Map
General Info
Exemptions
Tangible Tax
FAQ
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0
Parcel ID: 3-15-37-35-0010-00010-001B
Owner & Propet
OwneesName
Site Address
Mailing
Address
Brief Legal
ty Info
�MASON WILLIAM H
0 . , Okeechobee
1032 SW 20TH AVE
OKEECHOBEE, FL
349740000
Cn-Y OF OKEECHOBEE
BEG ATA PT ON N
BDRY LINE OF
SEC 15, SAID PT
BEING DUE N OF
Use Desc. NON AG ACR (009900)
(code)
Neighborhood 1.53651.00 Tax 50
District
UD Codes 0100 Market 32
Area
Total Land 8.460 ACRES
Area
EXHIBIT 4 —
JANUARY 21 AGENDA
Okeechobee County Property Appraiser
Show GIS Map I Property Record Card
&A — MILA, .. A.�
<< Prev I Of 0 Next >>
Property & Assessment Values
Mkt Land Value
cnt: (1)
$9,729.00
Just Value
$9,729.00
Ag Land Value
cnt: (0)
$0.00
Class Value
$0.00
Building Value
cnt: (0)
$0.00
Assessed
XFOB Value
cnt: (0)
$0.00
Value
$9,729.00
Total
Exempt Value
$0.00
Appraised
$9,729.00
Total Taxable
Value
Value
$9,729.00
Sales History
Sale Date
1
BooklPage
Inst Typo
Sale Vimp
Sale Qual
Sale RCode
Sale Price
12/11/1996
385/962
%A
$10, 000.00
Building Characteristics
Bldg Item I Bldg Desc I
I
Year Bit Heated S.F. Actual S.F. I Bldg Value
N 0 N E
Extra Features & Out Buildings
Code I Desc I Year Bit
I
I Value Units I Dims
Condition (% Good)
N 0 N E
Land Breakdown
Lnd Code
Desc
1
Units
1
Adjustments
Eff Rate
1 1
Lnd Value
000000
VAC RES (MKT)
8.460 AC
1.00/1-00/1.00/.20
$1,150.00
$9,729.00
Okeechobee County Property Appraiser
Last Updated: 01/OV2003
1 of 1
�ewllft
http://www.okeechobeepa.com/GIS/D—SearchResults. asp 1/14/2003
Okeechobee County Property Aloiser - Map Printed on 1/14/2003 2:53 OPM Page I of I
14
15
16
17
18
19
20
21
22
23
24
25
26
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1
33
1 13 12 11 10
9 8 7
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2 1 22 23
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Okeechil ("'ounty, Propefty Appr��aliser, 6' 77 154 2;1 ft
"Bill, ('1:', 1 '11�, , �I:Awi � 1:1 i� iii �:! � � � � ", -� -/I I � , " - l
PARCEL: 3-15-37-35-0010-00340-0040 - NON AG ACR (009900)
CITY OF OKEECHOBEE LOTS 4 TO 6 INC BLOCK 34,
Name: MASON WILLIAM H Lal $33600
Site: 0, Okeechobee BldgVal $000
Mail: 1032 SW 20TH AVE ApprVal $336.00
OKEECHOBEE, FIL 349740000 JustVal $336.00
Sales Assd $33600
Info Exmpt $000
Taxable $336.00
This information, Last Updated: 01/02/2003, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraiser's office The assessed values are NOT certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes.
http://www.okeechobeepa.com/GIS/Print—Map.asp?pjbnlkplhgmeclpofffddhfacbdkkhhdopciil... 1/14/03
Okeechobee County Property A&iser - Map Printed on 1/14/2003 2:54 PM
Page I of I
6 5 4 3 2 1
3 2 1
34
21 22 23 24 25 26 4 5 6
6 5 4 3 2 1 3 2 1
21 22
23
24
25
26
4
5
6
(27,
f2l)
3-15-37-35-0010-00010-001B
10ASON WILLIAM H
12,111 /1996 - $10?000 - `,-M
6.46 AC
I �� �,, I � [:_�
Clcmlrity 55 110 165 ft
PARCEL: 3-15-37-35-0010-00010-001 B -NON AG ACR (009900)
'ITY OF OKEECHOBEE BEG AT A PT ON N BDRY LINE OF, SEC 15, SAID PT BEING DUE N OF
Name: MASON WILLIAM H LandVal $9,729.00 Q�Jl,
Site: 0 , Okeechobee BldgVal $000
Mail: 1032 SW 20TH AVE ApprVal $9,729.00
OKEECHOBEE, FL 349740000 JustVal $9,729.00
Sales 12/11/1996 $10,000.00V/Q Assd $9,729.00
Info Exmpt $000
Taxable $9,72900
This information, Last Updated: 01/02/2003, was derived from data which was compiled by the Okeechobee County Property Appraiser's
Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a
determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data
herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the
Property Appraiser's office The assessed values are NOT certified values and therefore are subject to change before being finalized for ad
valorem assessment purposes.
http://www.okeechobeepa.com/GIS/Print Map. asp?pJ bnlkplhgmeclpofffddhfacbdkkhhdopcnI... 1/14/03
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January 21, 2003
Honorable Jim Kirk
Mayor of Okeechobee City, Okeechobee Fl.
Dear Sir;
In reference to the property that I own along the west bank of Taylor Creek that the
City of Okeechobee needs to extend N.E. 9th street to and across Taylor Creek, I will be
the first one to state that the approximate 1/3 acre is of minimum value. However, the
loss of my property for the city's planned use will have a negative impact for the
remaining 2,000 feet of my property to the North.
I did not leave any room in my asking price for negotiations. I made my offer below
what I believe the actual negative impact would have on my remaining property.
The loss of this property would totally negate any value to me of the remaining 300 feet
of property to the South as it presently serves as a buffer zone to filter out noise and
prevents public intrusion from the CSX railroad tracks.
The city implies this project will increase the value of my property in which I strongly
disagree. Assuming it was true, the increase in value would still have a negative impact
on me because of increased taxes over the next 30 years of my expected life. I did not
purchase this property as an investment, I purchased it to receive the use and enjoyment it
offers in its present state. My future plans are to keep this property intact as much as
possible and construct a cracker type house and pass it on to my grandchildren and from
them to theirs so that a little bit of the past will remain in Okeechobee for the next 150
years.
I believe it will take expert testimony to place a fair value on the peace and tranquility
that this property offers in its present state that this extension of 9 Ih street will take away.
Over the last 10 years there has been several hundred people to use this property free of
charge for holiday gatherings, retirement parties, church functions, weddings and the like.
One particular group numbering 45 —70 people from North Florida, Georgia, Alabama
and Tennessee return each year for a week -end of reminiscing and good food catered by
local businesses that require overnight lodging at our local motels. I've had guests to rent
a room at a local motel, eat a hot breakfast in a local restaurant and in 5 minutes be in a
blind I I blocks from the center of town to observe the daily habits of the deer and wild
turkeys, otters playing in the sun, bobcats scrambling up a cypress tree to escape the
wrath of a group of turkeys. I have personally seen a pair of the infamous Florida Panther
traversing this area.
I believe that the city tax paying residences of Okeechobee County making up a jury of
my peers would be as fair as possible to both parties when all things are taken into
consideration. At least it is one I am prepared to accept.
I would like to offer the opportunity to the entire council and the entire audience to
make a site visit to the proposed bridge location tomorrow January 22, 2003 at a
predetermined time in between the times of 9:00 — 11:00 a.m. so that everyone will be
more enlightened on this problem.
4 6, . �e. �- eW, �-- i a -
William H. Mason
1032 SW 20"' Ave
Okeechobee, Fl. 34974-4888
EXHIBIT 5 -
JANUARY 21 AGENDA
CITY OF OKEECHOBEE
(863) 763-3372
AGENDA ITEM REQUEST FORM
Please mail or bring completed form to:
City of Okeechobee
City Administrator's Office
55 SE 3' Avenue
Okeechobee, Florida 34974
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TELEPHONE: e�, ;2) t(4- ,,'-.�--77 ---� FAX:
FAX (863) 763-1686
MEETING: REGULAR A SPECIAL 0 WORKSHOP 0 DATE: JW, ;Z / - 0 ;x-)
PLWE STATE THE ITEM YOU WISH TO HAXIMP11,4CED N THE CITY C�"CII., AGENDA!
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PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR:
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PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL:
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PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND
ATTr APPLIC BL"(��tW� TS-
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IF PRESErATI()N IS TO D�, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING:
SIGNED BY:
DATE: J
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Department of
....... . . . . . nvironmental Protection
Marjory Stoneman Douglas Building
Jeb Bush 3900 Commonwealth Boulevard David B. Struhs
Governor Tallahassee, Florida 32399-3000 Secretary
January 6, 2003
W Bill L. Veach
Office of the City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34972-2932
RE: NOTICE OFINTENT TO SELL SURPLUS STATE LAND IN OKEECHOBEE COTDNTY
Inventory Numbers: 47-1150 0 and 47-1200.0
Dear Mr. Veach;
Pursuant to Section 253 034 (6) (f), Florida Statutes, the City of Okeechobee is hereby notified that the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida have decided to sell the surplus state land described in the
attached legal description. In accordance with Section 253.034 (6) (f), F.S., the City has thirty days from receipt of this
notice to determine by formal resolution, whether or not it proposes to acquire this surplus state land. The conditions of
sale are as follows:
3. Surplus state land is sold for a price that is at least -equal to the parcel's appraised market value;
2. Real property and improvements are sold "as is", with no warranties nor representations
whatsoever pursuant to Section 18-2.011, Florida Administrative Code;
3. All closings of surplus state land shall be in accordance with a sales contract and the property
shall be conveyed by quitclaim deed which shall contain an oil and mineral reservation in favor of the Board of Trustees
pursuant to Section 270. 11, F. S.; and
4 The buyer pays all costs of sale including, but not limited to, the cost of appraisal and survey
and all sales of surplus state land shall be for cash, Cashi&s or Certified Check.
Please refer to the respective inventory number when making comments about a particular parcel. Failure to respond
within thirty days of receipt of this notice will indicate that the City has no interest in purchasing this property. Please
contact Dianne H. Reed with the Bureau of Public Land Administration, (850) 245-2720 or Suncom 205-2720 if you
have any questions.
/dhr
Attachment
Sincerely,
Dianne H. Reed
Bureau of Public Land Administration
Division of State Lands
"More Protection, Less Process"
Printed on recyded paper.
0 0
Date.
To: Florida Department Of Environmental Protection
Bureau Of Public Land Administration, M. S. 13 0
Division Of State Lands
3 900 Commonwealth Boulevard
Tallahassee, Florida 32399-30
Attn: Dianne H. Reed
From. Mr. Bill L Veach
Office of the City Administrator
City of Okeechobee
55 S.E. Third Avenue
Okeechobee, Florida 34972-2932
Subject- Notice Of State -Owned Land for Sale Inventory # 47-1150.0 and 47-1200 0
The State Should Retain OwnershiD Because -
Current Agency Need
Environmental Value
Recreational Value
Archaeological Significance
I-Estorical Significance
No Interest
If Okeechobee County Has A Current Need For The Parcel Or Recommends That Parcel Be Retained
In State Ownership Due To Its Environmental And Recreational Value Or Historical And
Archaeological Significance, Please Provide Appropriate Documentation And Refer To The
Respective Inventory Number
(Use Additional Pages If Necessary)
Signature
Name
Title
Agency
I t-wp 0 Page I of 1
Legal Description: Lot 10, Block 46, First Addition to Okeechobee, Plat Book 1, Page 17
All lying in Section 28, Township 37 South, Range 35 East.
Okeechobee, County, Florida.
Page I of I
Legal Description: Lots 7 and 8, Royal Oaks Addition, Plat Book 1, Page 8.
All lying in Section 28, Township 37 South, Range 35 East.
Okeechobee, County Florida
11/19/2002