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2003-05-20 RegularCITY OF OKEECHOBEE MAY 20,2003 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 1. CALL TO ORDER - Mayor: May 20, 2003, City Council Regular Meeting, 6:00 p.m. 11. OPENING CEREMONIES: Invocation given by Pastor James Dawson; 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 Gamlotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Acton for the May 6, 2003 Regular Meeting. PAGE I OF 5 Mayor Kirk called the May 20, 2003 Regular City Council Meeting to order at 6:00 p.m., recognizing the Boys Scouts Troop No. 955, in attendance tonight Invocation was offered by Pastor James Dawson of the Methodist Church; Boy Scouts Troop led the pledge of allegiance. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Acton for the May 6, 2003 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAY 20,2003 - REGULAR MEETING - PAGE 2 OF 5 _�4 V. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2003 Warrant Register. Council MemberWatford movedto approvetheApril 2003 Warrant Register in the amounts; General Fund, one million, forty thousand, hundred sixty-eight dollars and eighty-nine cents ($1,340,868.89), Clapital General Fund $1340,868.89 three hundred eight Improvements Projects Bullfflng Fund, e4" Sew-jviwd, ftm litwidred M*f4we dwm aw #*a ............................. Capital Improvement Projects Building Fund ....... $87,392.03 thousand, three hundred thirty-five dollars and thirty-eightcents ($87,392.03), Industrial Development Fund, twenty-five en cents ($239.19); seconded Law Enforcement Special Fund, two hundred thirty-nine dollars and ninete Industrial Development Fund ................... $25,335.38 Law Enforcement Special Fund .................... $239-19 ($25,335.38), by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. V1. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's Business Item D was added regarding the agenda. agenda. New Business Item B was withdrawn from the agenda. New 1 Mason Property. New Business Item E was also added relating to attendance to upcoming events. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 03-04 pertaining to the Council Member Watford moved to adopt proposed Resolution No. 03-04 pertaining to the Treasure Coast Council Treasure Coast Council of Local Governments - City Attorney of Local Governments; seconded by Council Member Markham. (Exhibit 1). 1 549 MAY 20,2003 - REGULAR MEETING - PAGE 3 OF 5 Vill. NEW BUSINESS -CCONTINUED. A. Motion to adopt proposed Resolution No. 03-04 pertaining to the Attorney Cook read proposed Resolution No. 03-04 by fitle only as follows: "A JOINT RESOLUTION BY AND Treasure Coast Council of Local Governments continued. BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, THE CITY OF OKEECHOBEE, THE TOWN OF SEWALLS POINT, THE TOWN OF INDIAN RIVERSHORES, THE TOWN OF JUPITER ISLAND, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY, POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA, FOR THE CREATION OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.; APPROVING THE ADOPTION OF ARTICLES OF INCORPORATION; PROVIDING A PROVISION INCORPORATING PREVIOUS RESOLUTIONS; PROVIDING FORAMENDING THEARTICLES OF INCORPORATION; PROVIDING AN EFFECTIVE DATE." There was a brief discussion regarding this item. VOTE KRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discussion and update regarding Okeechobee Utility Authority - Bob Item withdrawn from the agenda, Oliver. 11 C. Motion to approve a request by First Baptist to temporarily re-route Council MemberMarkham moved to approve a request by First Baptistto temporarily re-route traffic around Southwest traffic around Southwest 3rd Street, 6th Avenue and 4th Street for 3rd Street, 6th Avenue and 4th Street for drop-off and pick-up times during Sports Camp, June 16 through 19, 2003; drop-off and pick-up times during Sports Camp, June 16 through 19, seconded by Council Member Williams. There was a brief discussion regarding this item. 2003 - Pastor Sam Vuleta (Exhibit 2). 551 MAY 20,2003 - REGULAR MEETING - PAGE 4 OF 5 VII. NEW BUSINESS CONTINUED. C. Motion to approve a request by First Baptist to temporarily re-route traffic around Southwest 3rd Street, 6th Avenue and 4th Street for drop-off and pick-up times during Sports Camp, June 16 through 19, 2003 continued. Added Item D. William Mason property - City Aftorney. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Aftorney Cook highlighted the events and meetings that had taken place over the last several months regarding the negotiations between the City and William Mason to purchase his property. At the previous City Council meeting the Council made the following offer to Mr. Mason: The City will purchase the property needed for a right-of-way into the proposed Commerce Center located along the West side of Taylor Creek and Northeast 91h Street, and the property South of the right-of-way in the amount of one thousand, five hundred dollars ($1,500.00). The City will pay Mr. Mason twenty thousand dollars ($26,000.00) to install the necessary fencing and/or buffering as he see's fit along his property line, which is North of the right of way. Mr. William Mason addressed the Council stating that he did not accept the offer that was made to him because he wanted the City to install fencing on his property and the bridge. Mr. Mason made his final offer to the City in the amount of one hundred eighty-five thousand dollars ($185,000.00) for both the right-of-way parcel and the South parcel. Following a lengthy discussion between the Council and Mr. Mason, Council Member Markham moved to Rroceed vdth condemnation regarding the Rropeft needed for a right-of-way into the proRgsed Commerce Ce located along the West side of Taylor Creek and Northeast 9th Street: seconded by Council Member Williams. VM KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAY 20,2003 - REGULAR MEETING - PAGE 5 OF 5 551 -7- #MACY" VII. NEW BUSINESS CONTINUED. Added Item E. Attendance to upcoming events - Council Member Wafford. Council Member Wafford addressed the Council stating that they receive various invitations through out the year. However, there are two in particular they had recently received and wanted to be sure that the City was well represented. VIII. 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. James E. Kirk, Mayor A TEST: T �Yt4xu-c— La6e Garnio1�04'Oty Clerk One was to the Welcome to Okeechobee Dinner, given in honor of the newly appointed South Florida Water Management District managers scheduled for May 29, 2003. The other was the dedication of the Florida Vietnam Veterans Memorial Wall located in Ft. Pierce, Florida on June 14, 2003. Council Members Chandler and Markham stated that they were planning to aftend both events. There being no further items on the agenda, Mayor Kirk adjourned the May 20, 2003 meeting at 7:04 p.m. PAGE -1 - CITY OF OKEECHOBEE - May 20,2003 - FJTTEEN MfffJTES 1. CALLTO ORDER -Mayor tilik. M@y 20, 2003, City Council Regular Meetifili 6:00 g.m. A OPENING CEREMONIES: Invocation given byPastorJames Dawson -111I.WAYWCOUNCILAND-SIAR-All DA C -.CkyClark. Present Abs Mayor J ames E Kirk i incil Wmber Noel K-Chandler Council Member Lowry Markham V11 11kii'Member0owling RA" -Jr. Cou ncil Member Clayton Williams --Cook ku; Atb y __,pkAdministra1orl31lIL.Veach CRY Clerk Lane Gamiotea lark Adfiana Barry_, IV. �,MINUTES .,City Clerk. d- d*0rov61heSu-ft-"1f _.__Counc#AcWn_fqr ftMay-6, by. Council Member A PORK _ER MARK" WILUAMS MOTION DENIED V. WAMINT-11EGIMIR 0V G --moveftapprovethe-April. 2003Wwant- i he.r./enetal Fund, one st f-3 million, three hun I eight hundred sixty-eight dollars and eighty-nine cents _Ak^"&AU%A -USVIMA& dollars and three cents t$87,392.03), Industrial Development Fund twenty-five thousand, three -'h u ridr-e d Wi & A W- A s ber red i ine dollarms and nineteen cents A _($239.19); seconded by Council Mern -,--VL- AG A VC U, A - - - 'r*%e q - - - sts f0p, the ad d i to or v. 01W I d mw al of i le, 1-109 - on W ey s I agenda. b b - - V1. NEW BUSINESS. Council Me J ..e. to adopt pFo-,po-----A- Resolubon 03-04 pertain to, ft-- Treasure Coast Council of Local Governments - City Aftomey (Exhibit Ilt seconded by Council mernwr—ITA.- M JC/L mu�,)). A- -Rend- accu—l- Llq -4a A,,L+, 4u. )Catj- kv- Pill ALL .... . ... .. J-i�Q-Q�-Nsb 1-4 (M7 1 ob Av) o u�id 4--r,, 7n i C, -c-LaLtflZkd-". 5'D 171 J�- hiclo-v- - -- - -------------- j p lo lu Ln oi iA Tue� p .1 --- - -- ---- I al)ct 1 'A - -- ---- YLQL -4--o-o C-j 114 1" Mad L", rAG City Abrney read the proposed Resolution No. 03-04 by W only as follows: *A JOINT Rt9d_LUT__10W_8YAN1D -BETWEEN THE CITY'OF FORT PIERCE, THE CITY OF PORT.ST-ILUCIF, THE, CITY-OF.-STUART, THE CITY OF VERO BEACH, TIJ4E CITY OF SEBASTIAN, THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, Tf4E-T0WWDF.1NDM RIV SHORES, -THE T4MW-0F JUPITIER-ISLAW FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN -C KEECHOBEE COUNTY, AND ST. LUCIE COUNTY, POLfTtCAt W.BWLSIONS QF THE STATE OF FLORIDA, FOR THE CREATION OF THE e�),)6�_'TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.; APPROVING THE PTION OF AJMCLES-OF- -INC — R__P0RATl'nN;_ PROVIDING A,.PROVIMN. X:) INCORPORATING PREVIOUS RESOLUTIONS; PROVIDING FOR AMENDING THE -EFFEC E--DATE.-* i OF INCOKPORA I IOW, PROVIDI A6915W ---KIRK and update reg.--4.-ng".Ikeechobee-UiWA--M-x-x.-*, -Bob I- PAGE -1 - VOKEECHOBEE -_ft;%_20q - AR CITY COUNCIL MEETING - HANDWRITTEN MINUTES i.L TQ ORDER - Mayor May 20,2003, Ch Council ftular Meeting, 6:00 p.m. ONING CEREMONIES: Invocabon given U PastDr Jam Dawson -of Pledge —CO U N—C —IL A X D - S- T- A--F P I k - M! 4b hWC E C C W k.' Mayor James E. Kirk Counc#-Member Noel -A -Chandler Council Member Lowry Markham -uncV-MemberDowHngR.WaM,Jr.-- Council Member ClayWn Williams City Atlomey John R. Cook jit"minisIrzWr-W L. Veach City Clerk Lane Garniotea IV. __j�MINUTES - CAy Clerk. Nc 05 cttnerdfO A. Council Member moved Io dispense with the reading and approve the Summi Of I— Is~ru- WMEE-71 -YEA---L*"-'--jjIj6!rM, *#jjjr&W. WI WRK i;R IV/ _mo- Tlw [WIMED --A(--- �ftRRANTAEGISM City-Ardadnish*or -A.- - bouncil Member A>VJ mo"drjo appMve AW,M3Aqaffa#_Reg;.-*� KNU! Fund, one .,million, three hundred forty thousand, eight hundred sixty-eight dollam and eighty-nine cerb hr -BoAdi-n—g IF Und-eift -WWA thousaW . �htjndresd-ninetyAw ''al,340 868.89), pbFP *ctg - cents fW,39;�.q, Industrial Development Fund Iwe;�-i� thousand, three hundred thirty-five dollars and thirty-eight cents ($25,335.38), law �ri�nt Special Fund W ---4-�!hnndred thirty-�Aollars-and nineteen rp-nts=9.1. member ID-0 -tt\cknY- ckdrm N'Wafb r Vbv- no e�> 'Vo4-e_ R!klr%A i AG A. w"�MqUeStSlOrineaaafeon,aerenrx wTmurawaimimmswiDaay-s7agena&- F3 I MCkS 4 ck NEW BUSINESS. rAaaL n C VII. Council Member LAIJ— -moved bD adoptproposed ftsoluflon No. 0;3-M PM hj.* tD ft- Treasure Coast Council of Local Governments - City klorney (Exhibit 1), seconded by Council AA,&rnk,&r I rV I - OF PAGE -2- y-Eecid ft sq4 Resoludon No. Q��b o�ly fbilows: "A JOINT prqK _y #k_ _ _a§ TION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF '-AAlClE,-THE-_l . - 1 !ART-,_TNE_C4TY_OF__VEftO_BE_:AC H, THE CITY LSTIAK THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, M Or INDIAN RIVER 3"ORES, TME TOW OU-J"U'PITER lStAND, MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN OKEECHOBEE COUNTY, AND ST. LUdl_tt0_U_NT_Y,__P6LITlCAL_ RONS-W-THE-STAl 0FfL0R0kFjM__ -OF THE RE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.; APPROVING THE &1^ A r% OF kRTICILES OF iNeORPOIR%#A%',§"§'%"F'Iklo'-,-PROVIDIFV%7-8% PROVIS10114 )RATING PREVIOUS RESOLUTIONS; PROVIDING FOR AMENDING THE -ARIEFFECITNE DATE- LA r -9 OD r 4D ��nuf 7:0-d-us- tf. cxxt- 1-�e ot /)Fver ---f net, i . 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D, sic f�enc,4 A j Donn 1,� I Do � e 0j a Pelr�c,,"Yyq W)� P// C' os� ri))/) I fo 1 _5 -�h OIAS y UL,�J- Ck h1t h arecA f-D fer\(Ql J-r) Mr,fr)�&n hz D-�.ude,.Ceur�CA-1 rpspoy�a �nqi,�_, et m u ve -�v O-On Cl -e fy) na �L n &c�5ZY. c p 4 jr� Q r 0) Don q- 4 a P re C-�ppnsas i h oc toss Pe el i)e e, �oQ 0 Of-,C->e+ I( �al L,- `,6Dk) Z)S,f 1 1,9 ol� C,/ r-09 L, I- rQ LA)S I-e-c's CA5 F e-- As v cd-,LA-e 0 0 d (CAJ DISSD-+,s , a[) P'r &-ecp�� d' C-i �--M ��n C!A nw , OKLAJOA,� f),e r)C �P -1 )sr-09-e f�)o son SLA(a5 r-\ ) H a �A ry-\- C,� c)e--., o rre, r- eny-ev I OVS-1 �4 1 6 Con �mcf- oFPerocl, Nxtn�.er otc�� npw 0,Gn+ycx-cq-)h&s)6 ... bol- in wn4rac-f-. evetD.-- oxLpa mka L g rc I n-wh0r) lrqereq coutp�-,ek- W, t-np�o h ale, f ) co. o fy) QY-e al� P -Try aK-Q- u\.Q� ctjD- OF OKEECHOBEE MAY 209 2003 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA CALL TO ORDER - Mayor: May 20, 2003, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor James Dawson. Pledge of Allegiance led by Mayor. 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 Deputy Clerk Adriana Berry MINUTES - City Clerk. Motion to dispense with the reading and approve the Summary of Council Action for the May 6, 2003 Regular Meeting. MAY 20,2003 - CITY COUNCIL AGENDA - PAGE 2 OF 2 V. WARRANT REGISTER - City Administrator. A. Motion to approve the April 2003 Warrant Register. General Fund $1,340,868.89 Capital Projects Building Fund $87,392.03 Industrial Development Fund $25,335.38 Law Enforcement Special Fund $239.19 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS - Mayor. A. Motion to adopt proposed Resolution No. 03-04 pertaining to the Treasure Coast Council of Local Governments - City Attorney (Exhibit 1). B. Discussion and update regarding Okeechobee Utility Authority - Bob Oliver. C. Motion to approve a request by First Baptist to temporarily re-route traffic around Southwest Yd Street, Oh Avenue and 4' Street for drop-off and pick-up times during Sports Camp, June 16 through 19, 2003 - Pastor Sam Vuleta (Exhibit 2). 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 way need to ensure a verbatim record of the proceeding is made, which record includesthe 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 I - MAv 20 AGENDA RESOLUTION NO. 03-04 A JOINT RESOLUTION BY AND BETWEEN THE CITY OF FORT PIERCE, THE CITY OF PORT ST. LUCIE, THE CITY OF STUART, THE CITY OF VERO BEACH, THE CITY OF SEBASTIAN, THE CITY OF OKEECHOBEE, THE TOWN OF SEWALL'S POINT, THE TOWN OF INDIAN RIVER SHORES, THE TOWN OF JUPITER ISLAND, FLORIDA MUNICIPAL CORPORATIONS; INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, AND ST. LUCIE COUNTY, POLITICAL SUBDIVISIONS OF THE STATE OF FLORIDA, FOR THE CREATION OF THE TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS, INC.; APPROVING THE ADOPTION OF ARTICLES OF INCORPORATION; PROVIDING A PROVISION INCORPORATING PREVIOUS RESOLUTIONS; PROVIDING FOR AMENDING THE ARTICLES OF INCORPORATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the residents of the area surrounding and proximate to the Treasure Coast are served by separate governmental entities (collectively oGovernments"); and WHEREAS, the Governments desire to incorporate the Treasure Coast Counci I of Local Governments, Inc; and WHEREAS, the Governments have many interrelating problems and needs which would best be resolved on a cooperative community basis, rather than separate action, thus reducing duplication of costs and services; and WHEREAS, Section 163.02, Florida Statutes, provides for the creation of voluntary councils of local county and municipal public officials for the cooperative resolution of area and community problems; and WHEREAS, such an organization was established in 1987, but has not incorporated as a corporation not for profit; and WHEREAS, the Governments now desire to incorporate the Treasure Coast Council of Local Governments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, the Board of County Commissioners of Martin County, the Board of County Commissioners of St. Lucie County, and the Board of County Commissioners Okeechobee County, the City Commission of Fort Pierce, the City Commission of Port St. Lucie, the City Commission of Stuart, the City Commission of Vero Beach, the City Commission of Sebastian, the Town Council of Sewall's Point, the Town Council of Indian River Shores, the Town Council of Jupiter Island and the City Council of the City of Okeechobee, that: Section 1. Agreement to Incorporate In Consideration of the mutual promises herein contained, the Board of County Commissioners of Indian River County, the Board of County Commissioners of Martin County, the Board of County Commissioners of St. Lucie County, and the Board of County Commissioners of Okeechobee County, the City Commission of Fort Pierce, the City Commission of Port St. Lucie, the City Commission of Stuart, the City Commission of Vero Beach, the City Commission of Sebastian, the Town Council of Sewall's Point, the Town Council of Indian River Shores, the Town Council of Jupiter Island and the City Council of the City of Okeechobee (hereinafter collectively referred to as "Incorporators") agree to form a oorporation not for profit under the laws of the State of Florida, and particularly Section 163.02, Florida Statutes. Page 1 of 2 Section 2. Articles of Incorporation The Incorporators hereby acknowledge, accept the Articles of Incorporation as provided in Exhibit "A", which is attached and hereby incorporated into this Agreement. The operation and function of the Council shall be set forth in the Articles of Incorporation and the By-laws, as may be amended from time to time. Section 3. Amendirnents The Articles of Incorporation may only be amended by a joint resolution of the governing bodies of all members of the Council. This requirement specifically excludes the addition and removal of members, which is hereby expressly delegated to official representatives of the Council, as may be more clearly set forth in the By-laws. Section 4. Previous Resolutions Adoption and execution of this Resolution shall supersede, and thereby incorporate herein, any and all prior resolutions enter into the Incorporators for the purpose of establishing and operating the Treasure Coast Council of Local Governments, formerly known as Tri-County Council of Local Governments. Section 5. Effective Date This Resolution shall become effective immediately upon passage by each of the parities herein provided. INTRODUCED AND ADOPTED this - 20th dav of May .2003. A17EST: Lane Gamiotea, City Clerk APPROVED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney CITY COUNCIL CITY OF OKEECHOBEE, FLORIDA James E. Kirk, Mayor Page 2 of 2 ExHiBIT 2 — MAv 20 AGENDA CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mall or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 NAME: First Baptist Church - Pastor Sarn Vuleta ADDRESS: 401 SW 4th Street Ckeechobee, FL 34974 TELEPHONE: 763-2171 FAX: FAX (863) 763-1686 MEETING: REGULAR A SPECIAL C3 WORKSHOP C3 DATE: �hY 20, 2003 PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: �btion to approve a request by First Baptist to tapporarily reroute traffice around South-iest 3rd Street, 6th Avenue and 4th Street for drop off and pick up tines during Sports Camp, June 16 through 19, 20C)3. PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: Clerk's Office, Public Works, Fire and Police. PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Approve request as stated above. We x%Emt to provide the safest, easiest flow of traffic for the chiMen -who will be attending Sports Camp at the Recreational Outreach Center (ROC). PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: Last year we averaged 400 kids per day. Traffic ues backed up all the way to North Park Street we nope to elevate the traffic congestion off 5th Avenue during the drop-off/pick up tunes: 8:M a.m. and 12 noon. Traffic cones and barricades will be appropriately placed. IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: Clerk Clandotea will be present to anyswer any questions for Pastor Sarn-. SIGNED BY: DATE:-,/ Iq lo-, ta 4)dAv, 40-rk I . r I oNly 45L w 4-6 A-Ve- c ec- CEAJ,' In , 5.W, 5 4.. � - AVE -Dr() p (slb oo A. A. rp;ce Ly t?".D() &[ODA To: Mayor and Council From: Donnie Robertson, Public Works Director -4� Subject: First Baptist Church, Sports Camp Traffic Request Date: May 15, 2003 I have reviewed the request by First Baptist to re-route traffic during Sports Camp around the R.O.C. I have no objections to the request and will assist in anyway necessary to provide safety needs. Thank you. LO To: Mayor, and Council From: Denny Davis, Chief of Police Subject: Traffic Rerouting Request Date: May 15, 2003 I have reviewed and have no objections to the traffic re-routing request made by First Baptist Church for Sports Camp. It is my understanding that First Baptist Church will be responsible for putting the barricades and/or cones out during the appropriate times. My department will coordinate with the Public Works Department to have an officer or Public Works employee available to supervise this process. Thank you L" To: Mayor, and Council From: Keith Tomey, Fire Chi IIE!O Subject: Traffic Rerouting Request Date: May 15, 2003 I have reviewed and have no objections to the traffic re-routing request made by First Baptist Church for Sports Camp. Thank you L Chronology of the Mason / Right -of —Way Issue - Early January, 2003 — Mr. Mason conveys an initial, informal asking price of $25,000 (conveyed to staff and to Administrator by telephone). Mr. Veach indicates to Mr. Mason that the price seems high. January 23, 2003 — Mr. Mason provides a document which has an asking price of $425.00 for the land with several stipulations, including standards for the bridge, a special exception being granted to him, different types of fencing, etc. This document was given to Attorne y Cook and he began work to see if an acceptable agreement could be drafted. (document provided) - January 28t" — City Administrator asks Public Works Director to estimate costs on several items included in Mr. Mason's January 23 d document. Donnie later verbally estimates the cost of the fencing alone to be $11,000.00 — $15,000.00 (memo provided) - February 12 — Attorney Cook mails to Mr. Mason a draft copy of the proposal he has prepared, which includes many of the items from Mr. Mason's January 23 d document. (copy provided) I - February 14 — Mr. Mason e-mails the Administrator, City Attorney and members of the City Council with a new asking price of $185,000.00. Administrator replies by e- mail and advises that the City Council will consider this matter on February I e . Mr. Mason is told he is welcome to participate in the discussion. (copies of e-mails provided) - February 15th — Mr. Mason e-mails Administrator, City Attorney and members of the City Council to advise that he has received John's draft contract (which included the $425.00 plus stipulations purchase price) and indicates that he will counter offer on February 25h. (copy provided) - February 18th — City Council briefly discusses issue and asks Attorney to advise on associated cost and procedure if condemnation becomes necessary. Shortly thereafter, Attorney Cook requests staff initiate a formal property appraisal. This was done. - February 246' - Mr. Mason e-mails Administrator and seems to be unhappy that the City Council discussed the matter. He indicates he has misplaced the City Attorney's draft copy of a proposal and now has other matters to deal with. (e-mail provided) - March 6th - Mr. Mason delivers to City Hall an edited copy of the City Attorneys draft proposal. Wants a response on or before March 13, 2003. This document again includes the asking price of $425.00 plus stipulations. (edited copy provided) - March I e — City Council advises Attorney Cook to make an offer of up to $5,000.00 for the needed property. Attorney Cook makes offer of approximately $3,200.00 based on appraisal. - April 4th — Mr. Mason writes Attorney Cook again stating an asking price of $185,000.00 (copy of letter provided) - April 300'— Attorney Cook meets with Mr. Mason at City Hall to see if an agreement can be reached. Following that meeting, Attorney Cook prepares another proposal to present to the City Coucil. . May 60'— City Council instructs Attorney Cook to make an offer of $21,500.00 (based on Mr. Mason's request of $1,500.00 for the land and $20,000 that he would use as he deems necessary to construct a buffer). Attorney Cook presents the offer to Mr. Mason within the next few days. - May 17'h — Mr. Mason notifies City Administrator, City Attorney and members City Council by e-mail that the terms of the City Council offer did not meet his approval. He indicates he does not believe these are the terms he and Attorney Cook discussed. Mr. Mason also indicates that he feels the Administrator had an opportunity to become involved in this discussion, but didn't. (e-mail included) - May 196'— Via e-mail, Mr. Mason contacts members of the City Council and informs them that he will be at the City Council meeting on May 20'h. (This was not listed as an agenda item, but can be added.) (e-mail included) 0 Verbatim May 20, 2003 Regular City Council Agenda Item D. Mayor Kirk: At this time we will take up the first item that has been added to the agenda that, Mr. Mason... we've gotten e-mails from him, uh ... Mr. Mason did you want to, did you want to address us, or William Mason: No, sir I don't uh . . I just come to get an answer. Mayor Kirk: Is that something we can do here tonight? Attorney Cook: Let me uh ... Mr. Mayor if you don't mind give the Council a brief run down of our meeting... the uh ... meeting we had on April 30th I believe it was. Here at City Hall, myself, Mr. Mason, and Robin Brock,. . . urn sat in, in Mr. Veach's absence. Um ... we discussed. William Mason: Let me move to the front, your sound system. Attorney Cook: We discussed um . . . the various proposals that had been made back and forth since January ... uh, the various legal procedures that would be involved in the condemnation, the timing of the condemnation, how that process works. What it would provide for Mr. Mason, what it would not provide for Mr. Mason. Uh ... if this meeting was the first time that I really had proposed purchasing the seventy by two hundred foot right-of-way and in addition the approximate two hundred by two hundred and eighty-five foot section to the South of the right-of-way next to Mr. Farmer's property, um ... because Mr. Mason had raised at one time that if we cut his property in half it would somehow cost him a lot of damage. So ... ah the reason being that well if we buy that piece of property than that argument is out the window. And we discussed ... urn his prior uh ... proposals for fences along his property and ah... .barriers, and buffers and these things that he wanted to uh .... sort of, the remainder of his property from uh ... the Industrial Park Project uh ... keeping in mind of course that his property was zoned industrial at the time Mr. Mason bought his property adjacent to it. Um.. uh,.. he um ... said lets cut this short, uh . . . why don't you give me fifteen hundred dollars for the property and give me twenty thousand dollars and I can build whatever barriers I want. And I said well sounds fair, and I'll submit that to the Council. uh ... that's what was submitted to the Council any offer that I receive as City Attorney I'm whether I like it or not, I'm bound to give it to the Council uh ... for your approval or disapproval so if there were, if there had been a proposal that you wanted twenty thousand dollars plus all the fences that were discussed at earlier proposals uh ... were the price of the land varied from four hundred twenty-five dollars up to a hundred and eight -five thousand dollars, plus the fact that Donnie Robertson apparently believes that fencing would be eleven to fifteen thousand dollars on top of that, ah ... that was not in Mr. Mason's offer, the offer I gave you this last City Council Meeting is exactly what we got, we accepted it. We uh ... forwarded that acceptance on to Mr. Mason the uh ... uh ... quick math I did this afternoon the twenty-one thousand, five hundred dollars of the property of the buffers is uh ... is slightly more than thirty percent above the appraised value, from our own appraiser so ... ah that's were it's at, if the City Council wishes that we do more negotiations we'll, we'll try and do that um... the urn.... negotiations so far haven't been too successful so we either need to put a deadline on it and then proceed with condemnation or continue trying to bicker uh.... on a price. Mayor Kirk: Has this been pretty well represented Mr. Mason as to what took place? William Mason: No, sir. Mayor Kirk: Where is, where is your disagreement? Page 1 of 17 William Mason: You want me to stand? Mayor Kirk: That would probably be much better, yes please. William Mason: William Mason owns the property the City needs to to put the bridge in across Taylor Creek, uh ... there's this whole thing bothers me, I didn't want to uh ... you know I don't want to get up here and lash out at John, cause I like John. Ah, Mr. Cook, ah ... and you know the meeting went very well and you know John one of his recom, you know one of his suggestions was we can still do the fencing. And ah... and that was you know that, that lite up a light in my head that you know they, they surely want, you know truly want, you know truly want to uh ... make progress with this meeting and uh.... he went on to say that he didn't say and or, he said we can also, he said I don't know we'll do with it, but we can buy that remaining piece of property. I wish you would do that, uh.... ah ... we can buy that remaining piece of property, that uh ... to the South between the bridge and the railroad tracks, he said, I don't know what we'll do with it, but we can buy it in the same basis, as , as uh.... you know as the right-of-way. And what he had, what we had the discussion about the appraisal that you did on the right-of-way. And you know the, the really the appraisal I can argue that the appraisal is too little. I can argue that the appraisal is too much, ah it has no bearing on me because this is a unique piece of property. You can not, I can not sell this piece of property to you as what a purpose, uh ... the piece that you want yes, but if, it's gonna have an impact, the piece that you is gonna have an impact on, on ah... what remains uh.... I don't want to get side tracked here but I got a call last night, remember Freddy Cox? Uh.... field goal kicker for Minnesota Twins, ah ... he's going to a wedding in a couple of weeks down in Miami and he wanted, he wanted to spend a couple of days in Okeechobee. And uh ... spend some time out there on the creek ah.... his daughter has done this in the past, and its just, it's just this piece of property is known... uh ... across, I won't say nationwide, but it's, it's uh .... it means a lot, uh ... you've got, you've got the railroad on the South end, you've got, nursing home on the North end. And there's a certain tranquility to this property, that uh.... it can't be replaced. And this property that ya'll are wanting to bring in there is going to, it's just a negative you know, I know it's gonna happen, you know I know it's gonna happen,uh.... uh.... and, and what I'm asking , you know what's separating us is you know I'm really not the main beneficiary, beneficiary of it. Uh.... it's to protect the wildlife. Well it, I won't, I'll take that back, fifty, fifty. I will you know, uh ... you clear that property, put that road in, you know you got Douglas Park, we'll ya'll know, from at least I don't know, but just from the newspapers, about the drug problems that we have in Douglas Park. And I know those problems are gonna move, right out there to the edge,uh.... turn it, I hope to built a house out there, uh.... and I want some protection, uh ... I don't want transids getting off the railroad the fright trains and wonder down there to my property because it's all wide open. And uh.... come in there and cut my fruit one night. And uh.... there's, there's, there's just a, uh .... there just a value to it that you can't, you really can't place a value on it. Uh .... in, in one sense it's worthless property, I mean it's surrounded by cypress swamps. uh.... you got the nursing home, you got the nursing home, you got the nursing home there on the North end. And you got deer and wild turkey, that comes right by that nursing home right into my property all the way down to ah.... ninth Street, and, and you can ask Charlie Farmer, Charlie just seen a, ah ... was telling me just a couple of days ago, bout a fawn newborn fawn that was trying to get across the, the uh.... barrier that the, the environment, environmental barriers you know for the road trucks out there, and uh.... the only thing holding us, separating us is ya'll putting some fences up to protect this wildlife it also protect me from, from people just , from curious people just seeing this wildlife and wanting to go into the woods and hunt, just uh.... I won't go in on that point, but then let's get back over to the, to the bridge uh.... we know, just here recently we've seen where people that live on these canals at Treasure Island have or you know just dump anything into, into their own canal. And I've asked that fences be put up on this bridge, to keep people from you know from, from being able to dump stuff, ah ... stuff into Taylor Creek. uh.... you know what's gonna happen, and uh.... and that's what, that's what's separating us you know from our deal. And uh,. . . Page 2 of 17 0 and John in our, in our, in our meeting there uh ... he never said and or, but you know he said we can still do the fences you know we didn't discuss what was, you know which part of the fences cause, when we, there also, we got all that in writing, and uh . even the fence right there at the bridge uh.... we got it all identified and uh.... that's, you know that's all I'm asking for, and uh ... and you know a, a, another thing is that you know like John said Mr. Veach wasn't there and uh.... and ah ... Robin, Robin was there sitting at Mr. Veach's desk. And uh.... one of the first things, one of the very first things that John said was that you know uh ... anything you know, anything we you know anything we say here is not a you know, I can't think of the word, it's not a binding. Mayor Kirk: not binding. William Mason: And uh.... and you know once he said you know the, the two keys things that he said was that uh.... that uh ... we can uh.... we can put up a, you know we can do the fences and we can uh .... we can, you know buy the rest of that property on the same basis. And that was the two key things that he said, and I turned around and looked at Robin cause she was taken notes, and I says, Ro, I says you can put this, I said you can write this down, I said we can, let's make this real simple, and I told John you know what it would take the very first thing was you do the fences. And, and uh ... you give me fifteen hundred dollars for the property and you give me twenty thousand dollars, I don't know if I used the word negative impact, but uh.... I know that I said that to do as I see in the future any time in the future, were you know I got any complaints about the noise I can, I can you know I can plan trees, I can do anything I want to, about 2800 feet there, along Taylor Creek. And I can plant trees, I can do anything else to, to uh.... try to neutralize that noise, and, and you know the, the thing that really uh.... what he told me, I mean, and I won't say he was accepting to it. But then you know he said, . you know just from his body language, you know it, it, it sounded like it was something that could work easily, Mr. Veach would be out of the office, uh ... most of the week, and ah.... as soon as he gets back I'll get with, get with you, and uh ... something to that affect, and next thing I know I'm picking up the Okeechobee News and seeing were we've got a deal. Pick up the Okeechobee Times and, and uh.... and read, I got a little bit more you know a little bit more out of it, uh . . Mayor Kirk: I think, I think Billy gave, I don't, didn't mean to call you Billy, but I've known you a long time. William Mason: Go ahead, that's alright, Billy that's how I'd like for you to call me because, look we, we all live here. Mayor Kirk: The uh.... it appears just from, from the period of time that we've, that we've got, had a moving target here. uh.... that just, just listening to your numbers. I think were talking about approximately an acre and a half, is that about right? William Mason: I don't know, I uh.... well the uh.... the uh ... bridge, I think the bridge right-of-way was either a third of a acre or a quarter of an acre well I can't remember which one. Mayor Kirk: I think with what we was talking about all together there's about a quarter there. William Mason: And another piece is three or four times larger. Mayor Kirk: yea Attorney Cook: I think it's about one point six to the approxm . . Mayor Kirk: ok, about one point six, so were talking about . . based on what you're Page 3 of 17 saying twenty one five and fifteen is thirty-six five for an acre ... uh ... think, uh ... William Mason: Your not paying me thirty-six five for an acre. Mayor Kirk: Well for the one point six that would be our cost, for this endeavor. William Mason: Well if you wanna put your whole cost into that, you know into the groundage you get, yea. You, You know you figure figure it that way, but uh.... Council Member: Watford: Excuse me Mr. Mayor, do I understand than that the . . the dollar figures is correct? The twenty thousand and the fifteen hundred are correct? William Mason: The whole thing is a package deal, I want, you know your gonna, you know I'm gambling right here. Council Member Watford: Ya 1, 1 know, I'm trying just trying to clarify were we are. William Mason: I think your gonna destroy, your gonna destroy, my piece of property out there by, you know, by you doing this. Council Member Watford: 1, 1 William Mason: And 1, I'm trying to work with you. And uh... Council Member Watford: Well I try, I try figure out were we are or what your uh.... so, what your saying is, that part is correct, but there should be, we, we should also say that we are going to fence it, is that correct. William Mason: It's all a package deal , there's no, you can't separate. Council Member Watford: I didn't say were trying to separate, I'm trying to ask you, is what your saying is, we offer twenty thousand and fifteen hundred, and didn't, uh ... but didn't include the fencing and you want the fencing included in that? William Mason: Exactly Council Member Watford: And if the fencing is included in that then, then we have a deal. William Mason: You put the fencing in there and we've got a deal. Council Member Watford: For the twenty thousand fifteen hundred, that's the, the, the right-of-way plus the land that's just adjacent to that, to the. William Mason: You've got everything. Council Member Watford: Ok, ok. William Mason: If what, what you, let's make, let's make sure we've got this clear, you stand ninth street, you know were you stop, were your right-of-way stops right know. You can stand right on across through Taylor Creek, and that's what you get plus everything to the railroad tracks. Council Member Watford: Ok, thank you, 1, 1 just wanted to be sure I included that. Council Member Williams: May I say something Mr. Mayor? Mayor Kirk: Yes. Page 4 of 17 0 0 0 0 Council Member Williams: Did you understand our motion that was passed our last meeting, I mean if you understood, in the uh ... papers I guess. William Mason: Well, the problem was, it was nothing you know nothing about, you know the fencing. Council Member Williams: Did uh.... in, in the motion, I'm reading from the summary of Council Minutes, that, the, the twenty thousand dollars was, to install fencing, landscaping, and/or buffer. Side B tape: To discretion with the understanding that need. William Mason: Not all, but don't interpret it as barriers. Council Member Williams: This is the way the motion was worded. This is what we put in the motion. William Mason: Ok, so Council Member Wafford: uh.... so do what ever you want. Council Member Williams: Ya, we, we put the twenty thousand dollars in it and let your, your, at your discretion how you wanted to use that twenty thousand dollars, if, if flowers, trees, fences, what all. William Mason: What. Council Member Williams: The subtotal was twenty thousand dollars. William Mason: Fences don't keep noise out. Council Member Williams: Well uh.... fences don't keep people out, nor do they keep them in. William Mason: I won't argue that point. Council Member Williams: Ok. William Mason: Well you know cause if someone wants to get in they're gonna get in. Council Member Williams: Ok, well, 1, 1 believe it's a fact. But uh.... I'm just trying to say we included everything within the twenty, fifteen hundred for the land, twenty thousand dollars to do all these other things that you wanted done. William Mason: Well that's were, you know. . even if that's your thinking, you know, 1, 1 can't understand why Mr. Cook didn't, and Mr. Veach didn't get back with me... uh ... because when, when I entered this meeting I mean the very first thing that was said was nothing we say here is going to be binding. The last thing was, was said was I've got to get with Mr. Veach. And uh.... uh . . I'll get back with you. And you, my personal opinion you know, my, my real personal opinion is, is I feel like ya'11 are trying to embarrass me with the people that live, in, in this county, this county. Council Member Williams: No, your, your assumptions wrong. William Mason: Well, I want, you know uh ... Council Member William: Your as. The co., the motion was to offer to purchase. We're making you an offer. Page 5 of 17 William Mason: Well wait, but, but Clayton, you know, you know, I respect you, but your, your making me, but you know don't you think I deserve an answer to my offer, I mean that's were we left negotiations at. Was you know John was gonna get back with me, when he got with Mr. Veach... Council Member Williams: As I understand Mr. Cook from the meeting this was Mr. Cook's assurnation of, the discussion. That ya'll had, I guess you and him and Robin. Is that not right Mr. Cook? This, this was the motion. Council Member Watford: As you , as you understood the offer, this is the offer. Attorney Cook: Right, ya it seemed to be that, if, if Mr. Mason had said I want that plus the fencing I would have told the Council at the last meeting, the... William Mason: Well it seems that way John, Attorney Cook: Plus William Mason: but the very first thing that I said was that, you do the fencing and Robin sitting right there taking the notes, I come in, 1, 1 come in after I read it in the paper, I come in the office down here, and, and asked Robin if there's any way, no I didn't ask her that, that wasn't the day I asked her, uh ... I come into the office, and I told Robin, that you know, I said, I got John's certified letter on, last Friday, but there's not mention of the fencing. And she says how's the best way to get a hold of you? I said well you could leave a message on my, uh ... recorder, and she said John well won't be in today, now this was Monday, now this was Monday. And Mr. Veach was sitting in the back . . matter of fact I mean he had some conversation there with Robin, you know while I was there. I mean he knew I was there. And . and I'm sure he, he was so tied up he didn't realize that there was a problem. But uh.... uh ... anyway. leave and Friday afternoon I get home and I got, I got a message on my recorder from John saying that ya'll need an answer. . by uh.... before this meeting tonight, and, and you know I just don't, if this is what negotiations are let's go to court. Council Member Williams: Well, well this was our offer to purchase in this motion. William Mason: I know, Don't you need response to buy an offer? Council Member Watford: Ya, This was, this was our response I would say. - you don't have to accept it obviously. Mayor Kirk: See the thing, the thing Billy uh ... that you need to keep in mind too is through process is your dealing, when your talking with the administrator and attorney, they can't, they can't make you an offer it's gotta come up here. William Mason: Well, That's exactly right. Mayor Kirk: Now I wasn't at this meeting last week, last meeting unfortunately but it sounds like the Council made you an offer and you, and here's, and we've known each other for a long time too, but let me tell you how 1, how I stand on this, the way I see it, it, it looks like from all that's transpired we, that we're just getting farther apart. And I think what you've said probably uh is gonna be the route were gonna have to go, is go for, and let them set a value on it. And all, all of us will have to live with it. William Mason: That's, that's you know Mayor Kirk: You know it may be a lot more than we want it to be, and it may be less I don't know. Page 6 of 17 0 0 0 0 William Mason: That's uh.... that's what we'll do, ya. Mayor Kirk: Ya, and uh ... William Mason: That way I won't, I mean, I won't have no regrets, because I know I did the best I should. Mayor Kirk: Right, right, and it's, it's not personal because we've got to do what we think is right for the total tax payers of the City. William Mason: You're exactly right, your exactly right. Mayor Kirk: and uh.... uh ... William Mason: But I you know, I do think, I do think that you're gonna spend some money on keeping those animals off of that road out there, Mayor Kirk: Uh.... that may, uh ... I really don't know at this point. The only thing I'm doing is sitting here looking at... the total cost it's gonna take us for a deal. And, and uh ... whether it's putting in fence or wherever it's put, were you know it's still gonna, were still taking about thirty-six five. And uh.... because if I started to buy a piece of property somewhere and somebody said well I'll sell you this piece, but in doing so you're gonna have to put a fence around well that, it's costing me that much money to acquire that piece of property. So uh.... in my opinion it's not a reasonable price for a an acre and a half. William Mason: Ok. Mayor Kirk: Uh.... but know I'm not, I don't profess to be a real estate expert either. William Mason: Well Mayor Kirk: You know 1, 1 mean. William Mason: Well, you've got, you know you've got other people here on this board too. Mayor Kirk: Well, well I'm speaking, well I'm speaking just for Jim Kirk though, I can't, I'm not speaking for the rest of these people. William Mason: But uh.... that's hey let's go for it, and let's live with it, I mean you know, I'm not, I'm not trying to create you people problems. Mayor Kirk: 1, 1 know this William Mason: I wanna work with you. Mayor Kirk: I don't think you are. William Mason: We live, in the greatest country there is. And were gonna have disagreements. Mayor Kirk: Yes, yes were just, You know I think at this point, I think were, uh ... I'll let someone else respond to this up here if they'd like, but I think were so far apart that that's, the only way were gonna get it solved. And uh.... and uh ... I don't know if were, I don't know if were right or not, I mean I'm just being honest with you. William Mason: Well I don't know if I'm right or not but you know I'm doing what I Page 7 of 17 0 0 believe and you're doing what you believe. Mayor Kirk: Yes, sir, that's correct. Council Member Chandler: Mr. William Mason: I have not problem. Council Member Chandler: You want, you wanted, we understood uh.... that last time we, for twenty one five was, was for property, and uh ... the buffer. And you, you meant the property and buffer plus you also wanted the fencing. William Mason: Exactly what I told him, if we can get, can we, can we get Robin. She told me they was unofficial notes. Council Member Watford: Well I don't think this matters at this point cause your telling us right know you want the fence. So it doesn't matter. William Mason: Right, you're right, I'm not here to try to cause Mr. Cook grief, or Mr. Veach. Council Member Chandler: Left out the fence is what was left out of the price, the fencing. William Mason: The very first thing that I said was you do the fences, there's was not restrictions as what the fences consisted of. I says you do the fences. Council Member Chandler: Ok, I just wondered. William Mason: And Noel you know yourself, I mean you're a, you're a, a Noel likes wildlife. And uh.... you know something is gonna have to be done. To protect. Council Member Chandler: Well that's the only thing we didn't understand, we thought the price included fence, but know we know it don't so. Williams Mason: The twenty thousand dollars hey, when you go out here to uh, . . . I really don't know what I'm gonna have to do. I mean and you really don't know cause you don't know how full, you know how much that park is gonna develop. Mr. mentioned that there might be as many as fifty five trucks a day going across that bridge, for that one company. I mean that's not even talking about all the other traffic, and uh.... and I might have to plant trees all the way down I mean you know all the way down Taylor, Taylor Creek there. And uh ... I mean it won't be hard to spent who knows I might not have, I might not even spend twenty thousand. I don't know. But it's gonna relieve you of having to worry about it in the future, be complaining about the noise. Cause you got that part settled. Council Member Watford: Mr. Chairman Mayor Kirk: But, but it still comes down to, Billy to the simple fact that this Council's gonna have to decide if they're willing to pay that much money for, put out that kind of, that much money for the amount of property were talking about. William Mason: Well that's hey, that's you know I have no problem with that. Mayor Kirk: So. Council Member Watford: Mr. Chairman should we, . you know it appears that we have a uh ... I guess a counter offer here. I guess basically is what we've got, on our Page 8 of 17 we made an offer, we have a counter offer, so, do we, do we want to have a like our staff took at this and, and then see what, I guess they already have a price on the fencing, but to see if they want to make a recommendation, we had a recommendation last meeting to take, to, to make this offer uh.... to make a recommendation to us or do we want to, uh, . . . act on the information that we have before us. Mayor Kirk: It's my opinion, that Billy's got his price set, it's up us to either take it or not. Council Member Watford: Right. 1, 1 would agree with that. William Mason: You're right, I mean it's you know. Mayor Kirk: I mean that's what I'm getting from you, so. William Mason: Exactly, don't let's don't waste any more time. Mayor Kirk: I agree with you, we don't need, we don't need to spend another six months back, sending us back and forth. I don't , I don't think that's gonna accomplish. William Mason: I mean were being honest with each other. Mayor Kirk: Yes, we are. William Mason: 1, you know, I think I'm being fair. You think your being fair. Mayor Kirk: Yes William Mason: And so it's gonna take somebody, you know if it takes somebody to decide let's go ahead and decide. Mayor Kirk: Ya William Mason: And be friends in the mean time. Mayor Kirk: And be friends, and let somebody else decide it, and we, we live with it then. I mean that's, that's the only thing I see from my view point know. There's four other people up here, so you know they may vote different from the way I think, but uh, ... uh 1, I've known you a long time, and we're gonna leave here friends just like it was you come in the room we just don't agree on this, that's all. William Mason: Ya Mayor Kirk: That's all, um and that's. Attorney Cook: Let me interject something here Mayor that may shed a little bit of light on it, as I explained to Mr. Mason in our Meeting that condemnation is a two step process, you have the quick taking were the City actually holds the piece uh ... very quickly uh.... then the second phase of the, of the thing is evaluation. So, if, if we have to pursue the court there's nothing that says during this process, that we can't continue to talk. And discuss money, and discuss fences, and any other thing we need to discuss to try and settle it before, actually has to go to court to determine value, that process is sort of an on going, so it doesn't mean. Council Member Markham: Mean it stops. Attorney Cook: Doesn't mean it stops, just because we've elected that lawsuit. Page 9 of 17 0 40 0 0 William Mason: Can I make one comment? You know from ten minutes after we first entered negotiations. I mean within ten minutes of . . very first the subject come up. You know I was being threatened to go to court. You know take me to court. Condemnation and, and uh.... you know I'm, I'm just tired, you know I'm tired of it. Mayor Kirk: Well, I'm think it's already been summed up, Billy with the two, with you and I talking directly to each other. I don't agree with your price, you don't agree with my price. The only thing we can do is let somebody tell us what's right. William Mason: Ok, let's Mayor Kirk: You know, you know William Mason: The thing you know, let's don't come back over the next two weeks and try vent, some you know negotiations. Uh ... Council Member Watford: That would be up to you. Mayor Kirk: I mean 1, 1 think after if your, if you um if your price is firm there's no negotiations. William Mason: it's firm. Mayor Kirk: So, there's no negotiations to, to be had. William Mason: I've got one other request. Mayor Kirk: Ok William Mason: And that's to the newspaper here to clean this thing up, clean this, conversation up way they put it in the paper. Mayor Kirk: They, they do a good job reporting, they, they don't. Council Member Watford: That's out of our control. Mayor Kirk: They, they do a good job reporting because this is not a hostile meeting, I mean. William Mason: No it's not. Mayor Kirk: Your, your not. William Mason: I don't like to be up here in the front of ya'll folks. Mayor Kirk: You're not angry with us, and, your not angry with us and were not angry with you. We just simply don't agree. And when. William Mason: 1, 1 let me, let me bring one person up here to, to say something, I want Charlie Farmer to come up here just state what he seen trying to cross the road the other day just for public record. Mayor Kirk: Well, that's but, that's not gonna have anything to do with the fact that, I mean we can talk about it all the wildlife and things, but we still don't agree on price. William Mason: Well you're gonna have to spend some money, I mean your, your put this road here on this bridge and, and you got a little thing of fawn laying out on the side of the road, and you know, . . and get fif, and you get fifty-five trucks a day going Page 10 of 17 through there you're gonna have some dead fawns and deers. Mayor Kirk: 1, that's ambitious to think we'd have fifty-five trucks. Council Member Williams: I saw two the other day right up my drive way, one on one side of the road one on the other. What's new? William Mason: Ok, well you might you know I'm might be worried about something that I shouldn't even be worried about. Mayor Kirk: Well, I just think the bi, the issue here is the price, and you know uh.... and that includes, you know whatever the cost is gonna be. William Mason: Well you don't think. Mayor Kirk: And I don't know. William Mason: And I don't know, you know I'm not you know, it's, it's your decision, I'm not gonna argue. Council Member Williams: We, we uh.... you know, it, it let, let, and in real estate sales he, he's been in it longer than I have, but the buyer, buyer makes the first offer. William Mason: Exactly Council Member Williams: Official offer, this is our official offer. William Mason: Ok. Council Member Williams: And know I wanna hear yours in dollars. Mayor Kirk: He, he just made it. Council Member Chandler: He just made it. Council Member Williams: What, what. William Mason: I made a package deal. Council Member Williams: How much? Mayor Kirk: Thirty-six five. William Mason: I want a hundred and eight -five thousand dollars for my property. I mean that's, we go to court and that's what I'm expecting to get. Cause I think, I mean you can even have, you know you can have the eight and a half acres that I got from Mrs. Hamrick with that because, you're gonna, you're gonna. it's just gonna damage it. That's were you know that's were I'm standing at. Mayor Kirk: So you, your off of the thirty-six five know? Council Member Watford: You're off of the twenty thousand and the one. William Mason: No, no lets. . You know I don't know, 1, 1 ain't got no legal repres, representation in here and I don't know how this is gonna affect the uh, . . you know condemnation suit. So if that's what you want me tell you, yes, I'll tell you that I want a hundred and eighty-five thousand dollars. And you come back and make me an offer. Page 11 of 17 0 0 0 0 William Mason: That's the way we'll leave it. Council Member Williams: It's up, you know it's up to you we made ours and, if you want to make a co, co, uh ... counter offer. Council Member Watford: Can I ask? On, the, on the fencing, uh ... I guess Donnie has looked at, Do I understand that Donnie has looked at what fencing uh.... that Mr. Mason has proposed and we feel like that cost what? Administrator Veach: Donnie's initial response was that it would cost a minimum of eleven to fifteen thousand dollars. And he is, and that was if we could stay out of some real tough areas to fence. Council Member Watford: Is this a uh.... I am mean are we talking about just chainlink fence along the road or something? Or is it. Administrator Veach: There were in Mr. Mason's initial uh ... paper, there were various types of fencing in various areas, uh ... hog wire fence was part fencing around a bridge uh ... William Mason: It's gonna be fifteen thousand dollars, more than fifteen thousand dollars for the bridge alone. Council Member Williams: Fencing for the bridge? William Mason: Well I'm sure it will be, I mean I'm not no engineer, but. Council Member Watford: Fencing for the, I mean cause that just sounds like a lot of fencing to me. William Mason: But that's not for the , that's something that would go with the construction of the bridge, so you probably didn't include that in. Council Member Watford: Ok, so we need to decide then do, do we want to try to. Mr. Mayor are you suggesting that try to decide tonight what the Council's response to that would be, is that, is that your uh ... Mayor Kirk: 1, 1 think so. I mean I think he's, he's got . . I don't think Billy intends to come off of his numbers, so, so we just. Council Member Watford: So as It stands know the Council needs to determine if we want to include fencing in, in the. Mayor Kirk: That's correct, and if not we'll need to, we need to move to, I hate the word condemnation, but move to a. Council Member Watford: That's the next. Mayor Kirk: Cause really you're talking about that, the person set the value we're not trying to, to take anything. Council Member Watford: Based on and, and I know this is, it's really hard to uh.... as, as, we said many times it's hard for a political entity to negotiate because we have to do our discussion in such a. William Mason: You're exactly right, and it, it makes it hard. Council Member Watford: And uh.... uh.... if I could ask and I hate to put him on Page 12 of 17 the spot, but if I can ask the attorney uh. . . . if, if we, if we don't take this offer, uh ... I know we will have expenses, uh ... quite a bit of expenses and the, and the process, and the condemnation process, uh ... do, do we feel like, 1, 1 know we've made some concession's in the uh ... Uh.... in the twenty thousand dollars, do, do we feel like . . we would be, those would be off set? I mean I know we can't predict what the. Attorney Cook: If we uh ... Council Member Watford: Amount the outcome will be. Attorney Cook: Ya, if, if we uh.... If were talking about the dollars, that we discussed tonight the twenty thousand plus the fifteen hundred, which I said is approximately thirty percent above the appraised value of the property. Uh.... that is certainly justifiable because the lawsuit requires that we spent that much above the price of the property. Know when you get up to thirty six thousand five hundred that's, that's more than double the appraised value of the property, uh ... and the condemnation uh ... would not require any fencing, all were talking about in condemnation is dollar values and so the cost of the property and lawsuit might be approximately less than thirty-six thousand dollars. Council Member Watford: So, so in a condemnation than for example, in the, the offer we made it was uh, . . . uh ... fifteen hundred for the property and than twenty thousand for buffering and so forth, and a condemnation uh.... the result will be just this, is the dollar amount for the property period. Attorney Cook: One, one is the value of the property, and two any uh.... uh ... additional damages to the remaining property, severance damage is caused. Council Member Watford: Ya, so that would be a dollar amount. Attorney Cook: That Mr, Mr. Mason would, if, if he could prove you know if, if there's a. I understand how he enjoys his property like we all do, but if, if there's a dollar value to put on turkeys and deer running across your property then, then uh could be a separate part of damages. Council Member Watford: Ok, but it would be a dollar amount, it wouldn't be well you will do this or that, it will be a dollar amount. Attorney Cook: Correct. Council Member Watford: So then we need to decide. Council Member Markham: Mr. Mayor? Could I ask something? 1, 1 heard fencing, and fences who is qualified and who is saying what kind of fence it's gotta be and who is saying we've got to put a fence on the bridge? If we gotta put the fence in why I think we put it up to our discretion. Mayor Kirk: 1, 1 think we're talking about fencing, we're not event talking about the bridge. We're talking about eleven to fifteen thousand. Council Member Markham: I've, I've heard fencing around the bridge, I've heard, wh, I mean I knew. Council Member Watford: Mr. Mason is suggesting certain fencing and if we want to meet his offer, we have to uh.... meet his fencing requirement for what he would like to have fenced. William Mason: Thi, this is something that ya'll had agreed to previously. Thi, this is Page 13 of 17 0 0 0 0 something you had made an offer of, previously including the fencing on the bridge. Council Member Markham: 1, 1 havn't heard anything on fencing. Attorney Cook: We, we made an offer, uh ... were we put some language in a agreement to that affect. Council Member Markham: And it's all included in a price for him to do? William Mason: No, no Council Member Watford: No, on one of, of our nego, ya one of our negotiations. Attorney Cook: Mr. Mason responded with a hundred and eighty-five thousand dollar figure. Council Member Markham: 0, that, was, that was, those are past, once you get past one of them they're not even legal anymore. You gotta look at the one we're talkin about right know. William Mason: Well, uh.... ya well you're right, it's not legal, but it's been redefined. Council Member Watford: Right. William Mason- And that is what I'm you know that's what I'm requesting. Council Member Markham: The contract is only good on the offer we made you. William Mason: We ain't got no contract. Council Member Markham: The offer we made you, is the only offer on the table. William Mason: What I'm saying is you just go back, get your agreement, if you agree to back and look at that, and. Council Member Markham: When a contract is offered just like we made to you. If you counter offer that contract then the first contract we made to you is null and void your starting on a new contract. William Mason: So we got to go, what you're saying is you've got to back and redefine fences. Council Member Markham: No, it's gotta be a new contract form there, you can't go back and say ok this is what we talked about. It has to be a new contract. William Mason: Well, I'm just saying we, we'll go and write a new contract, and what I'm gonna do is take it word for word, exactly as how the fences, were defined in the other contract, that's what I'm saying. Council Member Markham: That would be a counter offer from you, and it would have to be something like that, right. Mayor Kirk: But, but were loosening. Council Member Markham: 1, 1 would wanna know if it's gonna be a ten foot fence right along side the bridge, or can we put a eight foot fence on the green. And I don't think that's gonna cost fifteen thousand dollars. Page 14 of 17 Mayor Kirk: Well, were not talking, ok let's, let's do two things, first we need to, we need to come back, and I'm gonna say this and then when need to come back and focus, fencing on the bridge don't even think about that. The, the eleven to fifteen. William Mason: Well you know that's, that's, that's before I sign an agreement with ya'll, you know that's another thing, ya'll won't even guarantee me, you know right know the controlling factor of getting a boat on Taylor Creek is the railroad trusses, ya'll won't even guarantee me, that I can still get a boat, any boat, that I can get across through the ra, railroad truss, that I can get underneath ya'll's bridge. And Mayor Kirk: Ok to me the, the main issue here is simply this, the price. It includes the fencing. Do you wanna pay thirty-six five? Up front, roughly, we, we've got an estimate on the fence. It could be more it could be less, but I would assume that if Donnie's gone in there and looked, it's gonna coast at least fifteen thousand dollars, uh how much land, uh, . . that's not even important. Are we fencing the whole piece of property? Is that. Attorney Cook: Along the roadway other portions of his property that have nothing to do with this purchase. William Mason: What 1, you want me to tell you what I requested? I mean I'm gonna have to because Lowry brought it up that what was said in the past is no good. Mayor Kirk: You can Billy, but 1, 1 think, I still think were just, I think were we started is were we still are. Is that we don't agree on price and we're just wasting each others time. I mean that's how I feel uh.... and, and I thought you agree eliquently, you're not angry with us, and we're not angry with you, we just don't agree on the price. And we sure don't I mean we sure don't have a bone to pick, I mean we're not upset with you. We just. William Mason: I see one smiling face. Mayor Kirk: ya, I mean, I mean, I mean I you know we've known each other a long time, and I definitely don't have a bone to pick with you. I don't agree with the price, uh ... there's a piece of property sitting right next to my house, that I would have bought several years ago if we could of agreed on price, but, somebody will eventually buy it and built right beside of me. William Mason: Buy a piece of Mrs. Hamrick, I mean see, see here what you gotta do to fight to get it. Mayor Kirk: Well ya. But uh ... William Mason: Bless her soul I mean 1, 1 shouldn't you know, you know what I'm saying. Mayor Kirk: Right. But, but we don't agree, I mean or I don't agree, and, and if we're not gonna take that , I don't well there's anything else . . I don't think there's any options left, I don't think it's fair to Billy to keep going on with this, this has been going on since January this needs to stops. He's got an offer we need to, we need to accept it, or we need to, in my opinion to accept it or move on condemnation, and let's somebody tell us what we should pay for it. William Mason: Thank you. Mayor Kirk: One of the two. William Mason: Thank you. Page 15 of 17 0 0 0 0 Mayor Kirk: I mean 1, it's that simple to me. Council Member Markham: You want it in a motion? Mayor Kirk: Ya Council Member Markham: 1, 1 move. Mayor Kirk: Which one are you moving? Council Member Markham: Go into condemnation. Mayor Kirk: Ok, you're moving that, that we go into condemnation, ok. I have a motion that we move to uh ... proceed with condemnation on the property. Is there a second? Council Member Williams: I second. Mayor Kirk: I have a motion and a second, is there any additional discussion? Council Member Watford: So guess with this motion uh ... and I'm not course I'm not the real estate guy here but I guess technically were rejecting his offer, his counter offer basically is what were doing. Mayor Kirk: That is correct. Council Member Watford: And, so were going to proceed. Council Member Chandler: But in the mean time we can still negotiate the price. Council Member Watford: Ya, but all that probably will not. William Mason: Get that clear, let's please, if we get one thing clear tonight. Council Member Chandler: I do want to get that clear. William Mason: There ain't no more negotiations. Mayor Kirk: See 1, that's, that's were 1. William Mason: I mean I don't wanna make it any. Mayor Kirk: Ya. Council Member Chandler: I just wanted to make sure. Council Member Watford: But that possibility is still there, but obviously uh ... Mr. Mason. Mayor Kirk: I'm, you and I are on the same page. William Mason: Thank you, 1, you know I'm blunt, I brought every time I open my mouth I get into trouble, but I'm blunt. And 1, 1 but I try to be honest with people. Council Member Watford: Correct. Mayor Kirk: I have not had any problems communicating with you, and were both on the same page so, and I don't, does anybody else have a, question or concern, or a Page 16 of 17 comment? Ok, all in favor of the motion let it be known by saying 1. Council Member Markham: I Council Member Chandler: I Council Member Watford: I Council Member Williams: I Mayor Kirk: Opposed is the Like sign. Mayor Kirk: We'll let somebody set the value Billy. William Mason: Ok. Council Member Watford: Thank you sir. Council Member Williams: Thank you. Mayor Kirk: Thank you Billy. William Mason: Ya'll please do a better job. Page 17 of 17 14b.* CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: SUBJECT: Status Report FROM: Below is a brief summary of past and upcoming events. May 15, 2003 Bill L. Vegch, City Administrator "NUMSTRAUON GMT — Attorney Hellingff has resubmitted a notice of pending matters to the court regarding the venue issue. As yet, no decision has been reached. Larry Brown, John Cook, Steve Robbins and the City Administrator met on April 17d' and discussed the case in detail. All of the attorneys seemed to agree that the City is following the correct course at this time. Attorney Robbins has contacted the GRIT attorney to see if they have a proposed settlement. Bettye Taylor continues to experience issues with her back and has been evaluated to determine proper treatment. This evaluation began on January 8thand was concluded on February 4th. Her doctor recommended surgery, however, Bettye is reluctant to have additional surgery at this time. Fire Station Project — The City Engineer reports that we are slightly behind (a couple of weeks) the schedule he would like to see, however he still anticipates completion of the project this summer. The project continues to be on budget at this time. The upper level ofthe facility is nearly completed and preparations are underway to move into the upper level (living quarters). An office trailer has been located in the City Hall parking lot, which will house the Department's offices while the downstairs construction is being completed. Councilman Chandler continues to keep a watchful eye on the project by participating in weekly "construction meetings" in which the Administrator, Engineer, Public Works Director, Fire Chief and Building Official discuss the project and its progress. Industrial Park/Sheffield Environmental Services — Craig A. Smith and Associates continue'to'move' forward on issues related to design, engineering, permitting and bidding I of the c I ommerce center. This must be accomplished by October 2003. As directed by the EDTF administrators, the City staff has submitted a request for an extension ofthe "vertical construction7timeline through December. The reasoning for the ext6nsion is fw6fokL ADMINISTRATION First, OTTED/EDTF would Eke to see if Sheffield makes the July I timeline imposed CONTIN`UED by the City. Second, ifhe does not, they will insist that we bring another business into the project. The Administrator met with Tim. Gates last week and Tim continues to believe he will meet all imposed timelines. Our consultants are working with the Administrator, exploring alternative business p ibilities. I have met with Leo Connor and Lynn Topel (FHREDI) to discuss the ossi matter, as well. On May 13, 1 received a call from Bridget Merrill (OTTED) indicating that the House was considering eliminating all Rural Infi-astructure Grant funding (we have been awarded $300,000). Dale Milita is in Tallahassee working to control this issue. Timing and funding continue to be the greatest obstacles with this project. Flagler Parks —The City has submitted a request for $115,000 through a FRDAP grant to refurbish Flagler Park #2. At the current time, it looks as though tight state funding may cause denial of this request. We continue conversations with CDBG on the gt�nt we submitted for downtown renovations. Possibilities still exist that at least partial funding ofthe downtown project could occur. This is an improvement from the initial report we received during the site visit last month. Both Nancy Phillips and the City Administrator are vigorously exploring all possibilities. The Administrator will undergo minor surgery on his shoulder on May 2 1. It is planned that he will be out of the office Wednesday May 2 1, Thursday May 22 and Friday May 23. �.i FINANCE Staff has engaged a consultant to assist in bringing the City into GASB 34 compliance. This work should commence in August. Through the first two quarters, the City is operating on budget. This is the result ofthe Department Heads paying close attention to expenditures. However, we continue to see a lag in State payments of tax revenues. As you know, we have also seen a significant increase in the contribution we must contribute towards pension fimds. This amounts to over $110,000 that was not budgeted and is a direct result of a bad market. Additionally, it appears as though building permit applications are down about 30% for the same period last year. While I do not want to be a professor of gloom and doom, I continue to share my concerns with the department heads and members of the City Council as we address budget preparations for the upcoming year. I truly believe this must be a "belt tightening" year. 2 EPA INSURANCE Staff has prepared an RFP on our health insurance. This has been advertised and distributed and will come before the City Council on June 17. POLICE Chief Davis will be presenting to the City Council a request for rank and future salary adjustments in his detective division. Additionally, the Chiet Major and one Patrol Officer traveled to Tallahassee on Monday, May 12, to receive an award fDr their recent participation in the statewide seatbelt campaign. The Department ranked #1 in the state (for a City our size) for seatbelt citations issued during a prescribed period of time. Chief Davis can provide greater details. Donnie Robertson and Oscar Bermudez are'working on permitting issues with PUBLIC WORKS SFWMD, DEP, etc. related to the 0 Street Boat Ramp. T"he ramp has been reopened following minor repairs, however, more extensive�repaijrs are needed. Following DOT instruction, Donnie Robertson is going out to bid for guardrail on SW 12'a Avenue at SR 70. DOT indicates this expenditure will be, reimbursed to the City. There were no responses to the advertised RFP, so we will solkit quotes for the project. Oscar Bermudez continues to work with various entities of DEP to develop a master drainage plan. Oscar also continues daily oversight of the Fire Station project. � a CITY CLERK The Clerk's Office is now accepting applications for a Police Officer. The Clerk's Office is still accepting applications for an Alternate Code Enforcement Board Member. As Council requested at the May 6 meeting, the number of City and County residents currently serving on the Citizen Boards are as follows: 1. Code Enforcement Board: 7 City residents, I County Resident 2. Planning BoardALand Plannin Agency/Board of Adjustmeiits/Design Review Board: 3 City Residents, 6 County Residents 7 ICrrY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Procurement of the Billy Mason/NE 9' Street right-of-way. Mr. Mason's initial response to the offer approved by the City Council on May 6h was that he wants additional fencing. Attorney Cook continues discussion. 2. Noise/breach of peace/animal ordinance. 3. LDR issues such as non -conforming structures, building site elevations, visibility triangles, drainage and street cut/right-of-way resolution. 4. Pension Ordinance language (City Council item for June 3 rd). 5. Hamrick Trust — John is in discussion with the County Attorney on this matter. 6. City/County contractor licensing agreement — this proposed Language is currently being reviewed by the County Attorney. 7. GRIT issues. .7, - ' . 1. 1 1 1 S. Adelphia Contract. 9. Marvin Brantley's continuing situation. 4 Akk1jL)AV1'1' QjF PU J -ISI-iER OKEECHOBEE T,.�ZS 106 S.E. 5th St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared J.W. Owens who on oath says that he is publisher of the Okeechobee Times, a newspaper published weekly at Okeechobee in Okeechobee, Florida: that the attached copy of advertisement, being a PI 181 IC NCLUCL l2r) *I -)Q-).7 in the matter of CITY C01 JNCIL MEETING NOTICE CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of Q-r,.j1-q.j2f)0-3 Affiant further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been continuously published in said Okeechobee, Florida as a daily, weekly, or bi-weekly 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 he 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. J. W. Owens, (06blisher) Sworn to and subscribed before me day of A.D. 2003 (SEAL) Notary Public RMNOTAAYSEAL .,P,Ry 'I& OFFICIAL 0 �9e� ROSEALRE A 8PZ#4W COMMISSION NUMBER CC 940770 Or Fvc�' MY COMMISSION EMRFS JUNE 25 2004