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2004-02-17 Regular1. CALL TO ORDER - Mayor February 17, 2004, Regular City Council Meeting, 6:00 p.m. 11. OPENING CITY OF OKEECHOBEE FEBRUARY 17,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE I oF 7 Mayor Kirk called the February 17, 2004 Regular City Council Meeting to order at 6:00 p.m. Invocation offered by Charles Moscato, Abundant Blessing Assembly of God; The Invocation was offered by Pastor Moscato of Abundant Blessings Assembly of God; Pledge of Allegiance led by Mayor. III Pledge of Allegiance led by Boys Scout Troop No. 955. Ill. MAYOR COUNCIL AND STAFF ATTENDANCE - City Clark. 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 Deputy Clerk Adriana Berry IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the week of February 22 - 28, 2004 as "National Engineers' Week." City Clerk Gamiotea called the roll: Present Present Present Absent Present Present Present Present Present Mayor Kirk read the following proclamation declaring February 22 - 28 , 2004 as "National Engineers' Week:" uWHEREAS, engineers help to design, construct and maintain the infrastructure and facilities that contribute to a high quality of Iffe for all residents of Rodda; and WHEREAS, Roddis's growth depends on engineers executing hynowft, creeft high-qualfty soluffons to technical problems; and WWREAS, the stated purposes of the Rodds Engineering Societyls to advance thepublic welfare, promote theprofessional, social and economic interests of the engineering profession, and stimulate and develop professional concepts among all engineers through education and in practice, and WHEREAS, members of the Rodde Engineering Society and the Rodde Institute of Consulting Engineers are making strides to interact with the engineering educadon sector to prepare A&ro engineers to maintain our economic leadership and quality of life; and IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED A. Proclaim the week of February 22 - 28, 2004 as "National Engineers' Week." continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 3, 2004 Regular Meeting and approve the Summary of Workshop Discussion for the January 27, 2004 Joint Workshop of the City Council, County Commission and the School Board. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2004 Warrant Register: General Fund ............................. $400,548.37 Capital Improvements Project Fund (Vehicles) ... $385,987-35 Industrial Development Fund .................. $89,181.36 Law Enforcement Special Fund ................. $3,133.00 Public Facility Improvement Fund ................ $1,773.97 Capital Improvements Project Fund (Building) ........ $134.93 FEBRuARY 17,2004 - REouLm MEnNG - PAGE 2 oF7 WHEREAS, It Is ftng that we recognize and honor Me continuing contributions of America's engineers by obswving Engtheers'Week with the motto: -Engineering.- Turning ideas Into RealiV NOW THEREFORE; 1, James E KJrk by Wrtue of the authority vested In me as Akyor of the City of Okeechobee, Rodda, do herebyprodaim February 22 through 28,2004, as MA77ONAL ENG1NEERS'WEEKin the City of Okeechobee. Marcus Monteoca of LBFH, Inc. was present and accepted the proclamation. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the February 3, 2004 Regular Meeting and approve the Summary of Workshop Discussion for the January 27, 2004 Joint Workshop of the City Council, County Commission and the School Board; seconded by Council Member Williams. VOTE KmK - YEA CHANDUR - YEA MARKHM - YEA WATF= - ABsEw WLUMS - YEA MOTION CAMED. Council Member Chandler moved to approve the January 204 Warrant Register, in the amounts: General Fund, four hundred thousand, five hundred forty-eight dollars and thirty-seven cents ($400,548.37); Capital Improvements Project Fund (Vehicles), three hundred eighty-five thousand, nine hundred eighty-seven dollars and thirty-five cents ($385,987.35); Industrial Development Fund, eighty nine thousand, one hundred eighty-one dollars and thirty-six cents ($89,181.36); Law Enforcement Special Fund, three thousand, one hundred thirty-three dollars ($3,133.00); Public Facility Improvement Fund, one thousand, seven hundred seventy-three dollars and ninety-seven cents ($1,773.97); Capital Improvements Project Fund (Building), one hundred thirty-four dollars and ninety-three cents ($134.93); seconded by Council Member Markham. 717 V1. WARRANT REGISTER CONTINUED. A. Motion to approve the January 2004 Warrant Register continued V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS Discussion pertaining to non-profit organizations and local businesses for events in the parks - Bobbi Poole (Exhibit 1). FBRuARY 17,2004 - REGuLAR MEETING - PAGE 3 OF 7 VOTE KIRK - YEA CHAN1UR-YEA MARKHAM - YEA WATFORD - ABSENT WLLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Mrs. Bobbi Poole, owner of Photography by Bobbi, 213 Southeast 2ndStreet addressed the Council requesting clarification on the use of City Hall and Flagler Parks. Mayor Kirk responded that only non-profit1civic organizations are allowed to use of the parks. This regulation is based on the Dedication Plat of the parks by Colonial Hamrick and City Code Book Sections 14-121 and 14-141. The City entered into an agreement with the Chamber of Commerce in 1978 for exclusive rights to the parks for the Speckled Perch Festival and Labor Day Festival. The chamber is aware of the regulations regarding non-profit1civic organizations and the City has relied on them to only allow those types of organizations during their festivals. Mrs. Poole added that she believed that was not the case, and that for -profit organizations were having use of the Parks during these festivals. She went on to give examples of various types of booths that have been allowed during the festivals and stated, "I want to be allowed to have a booth in the Park during the festivals, its only fair, why should outside businesses get to come in to the Parks when the local businesses cannot?" Mr. Al Stokes added that he was one of the original people who started the Festivals. This situation with the local businesses has always been a problem for the Chamber. They would police the rules with forms the vendors had to fftl out. But, it was difficult to police aft the time. He went on to say that the Chamber would love to rent all the booths out to local businesses/merchants. Ms. Brenda O'Connor, Executive Directorof the Chamber, clarified one particicular booth Mrs. Poole spoke of was a fund -raise booth for the Chamber. They hired an outside photographer for the booth but Chamber volunteers ran the booth. She also reiterated Mr. Stokes comments about the applications filled out by vendors and how difficult it is to police them. She too would love to have the local businesses/merchants have use of the parks. Fammy 17,2M - ftwux MEEnw - PAGE 4 oF 7 719 __V ­­ Vill. NEW BUSINESS CONTINUED A. Discussion pertaining to non-profit organizations and local Chamber President, Mr. Daryl Donnelly stated that they are trying to do something to bring people to the City of businesses for events in the parks continued. Okeechobee in order to help the businesses. He stated that he did not want to hurt the local businesses/merchants and that they are trying to do the best they can. Patricia Tipton, an employee of the Chamber, stated that she has turned away many for -profit vendors and she screens them the best she can. Ms. Nancy Gagliardi owner of Rustic Ranch Furniture added that during the festivals is her best sales, it really draws a lot of people to the City. Rustic Ranch is located directly across from the Parks that hold the festivals. Sybles Flowers owner Mareen Buroughs, noted that she had the same concerns as Mrs. Poole, she understands the rules of the parks, and hopes to change that one day. She stated that there are flagrant businesses in that park, and that hopefully after they set up the Chamber can see the difference and would make them leave. MWor VJrk stated that the Cft has an undomtending in wddng that them will be no foL-pmfk ominizedons uslLig the Parks. The SRrkied Pemh and Labor Day FesUvals am major events for the Cfty eve[y year and we do not want to 11opirdize them or changg them at this fime. There are M for our local businessWmerchants to benefit from them. The Council asked the Chamber to do all thty can to pLpllce outside businesseakendors from being in the Parks and ask them to leave when thpy find them there. Aftmpy Cook commented that on the March 2,2004 aggnda there would be a resolubon for more expInded Use of Parlm Guidelines. B. Consider preliminary plat approval of the Industrial Park - Craig A. Council Member Chandler moved to approve a pLelimina!y plat appLoval of the Cfty's Commeme Center y Council Member Markham. flndustrial l3aft swonded b Smith & Associates (Exhlbk 1). The matter before the Council is to approve Preliminary Platting of the City's development for an industrial park located on property in the Northeast City Limits. The plat was submitted to the City's Technical Review Committee and they are recommending approval. Attorney Cook advised the City's Land Development Regulations require a draft developer's agreement. The purpose of the agreement is to provide a bond or promise between the developer and the City that the property will move forward for development as set out by the LDR's. Since the City is the developer, an agreement of that nature would be irrelevant. However, the City will be continue to process the plat and project as any other development does. There was a brief discussion between the Council and staff. Administrator Veach noted again, the cost of the platting does not come from grant monies. 71.0 FEBRuARY 112004 - REGuLAR MEETING - PAGE 5 OF 7 Vill. NEW BUSINESS CONTINUED. B. Consider preliminary plat approval of the Industrial Park continued. 111 The final plat approval will come before City Council on March 2, 2004. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - ANENT WILLIAMS - YEA MOTION CARRIED. C. Motion to approve a Florida Fish and Wildlife Permit for the taking of Council Member Markham moved to approve a Florida Fish and Wildlife Permit for the taking ofgopher tortoises and gopher tortoises and their burrows pertaining to the Industrial Park - their burrows pertaining to the Industrial Park; seconded by Council Member Chandler. Craig A. Smith & Associates (Exhibit 3). Administrator Veach stated that a forty one thousand ($4 1,00-00) expenditure needed to be made for this permit. The money would not be paid by grant monies, the City will have to pay this amount before July 2004. However, the intent is the City will re -coup the money during the sale of individual parcels. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - ANENT WILLMMS - YEA MOTION CARRIED. D. Consider Street Closing Application No. 71, submitted by Tommy Council Member Markham moved to instruct Attorney Cook to draft an ordinance for Street Closing Application No. Rucks, President of United Feed Co -Op to close the right-of-way 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the portion of Northwest 3rd Avenue between known as Nodhwest 3' Avmm and ahwW beMw Blocks 59 mid Northwest 711 mid e Streets, affgned between Blocks 59 and 60, City of Okeechobee; seconded by Council Member 60, City of Okeechobee - City Clerk (Exhibit 4). 1 Chandler. VIII. NEW BUSINESS CONTINUED. D. Consider Street Closing Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest 3' Avenue and aligned between Blocks 59 and 60, City of Okeechobee continued. There was a brief discussion between Council and Staff. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - ASSENT WILLIAMS - YEA MOTION CARRIED. FEBRuARY 17) 2004 - REa;LAR MEETING - PAGE 6 OF 7 721 E. Motion to appoint Penny Revels as an Alternate Member to the Council Member Chandler moved to appoint Penny Revels as an Alternate Member to the Code Enforcement Board Code Enforcement Board for a three year term beginning February for a three year term beginning February 18, 2004 to April 30, 2007; seconded by Council Member Williams. 18, 2004 to April 30, 2007 - City Clerk (Exhibit 5) Clerk Gamiotea stated that there had been a vacancy for an alternate member on the Code Enforcement Board for two years. Mrs. Reveals was the first person to fill out an application. This will be the last vacancy to fill on this Board. Council Member Markham stated that the Council appreciated her willingness to serve our community. VOTE VJRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - AssENT WILLIAMS - YEA MOTION CARRIED. F. Discussion related to sign -waving in right-of-ways - Council Member Chandler mentioned with the upcoming election, he would like to know what the City wanted to do Councilman Chandler. about people standing atthe intersection of North Park Street(State Road 70) and ParrottAvenue (US Highway441) waiving campaign signs. Attorney Cook, commented that there was an existing ordinance, prohibiting signs that interfere with traffic and safety. However as long as the people or signs did not interfere with the flow of traffic, nor was a safety violation, it is allowed. Sheriff Raulerson has voiced his concerns regarding drivers not being able to focus on driving while at the subject intersection, and that it is not the signs but distraction the situation causes. Attorney Cook stated that there's nothing the City can do unless the street or sidewalk is being obstructed. Mayor Kirk added that this had been a long-time tradition in Okeechobee, and it is free speech. i2i DC 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, helshe may need to insure that a verbaft record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. C#y Clerk tapes are for the sole purpose of backup for ofibe/ records of the Clerk. James E. Kirk, Mayor FEBRuARY 17,2004 - REGuLAR MEETING - PAGE 7 oF 7 There being no further items on the agenda, Mayor Kirk adjoumed the February 17, 2004 meeting at 7:12 p.m. The next regularly scheduled meeting is March 2, 2004. AFFIDAVIT OF PUbiISHER OKEECHOBEE TIMES cM CdW0L,1i_'FM 106 S.E. 5th St., Okeechobee, FL 34974 City (Okhb. Cky 6-MAid 6�� IK', RftuW Susion m Twoft Un—1 III, � (863) 763-7283 2*K 6te". city HWI, 53 SE 3rd Ave., Rw 2K okeedmAwe. Flad& 7M publIc is in-, Published Weekly 'Z�—wd F.0! Iftleopy of :d .C,:=. It'(86), STATE OF FLORIDA 763-3372 x 212. 1 . pLEASE TAKEN0710E AND BE ADVISED ftt if any P— dei— tO W COUNTY OF OKEECHOBEE: ony dedsion nade by ft Cky CMM& reqx�ct to any nuAw cond&md at do nw6m. web Waaded pmm A med a mcad of dw v=ec&rqM wid for mh pw-; Before the undersigned authority personally appeared J.W. Pme [my reed to emm a verbefim recud p.,.&W I. md., wbuh tacmd ffk- Owens who on oath says that he is publisher of the Okeechobee Times, 'dwodo "I lmd--mmuma. %e qvw * io W bow& 1" k* a newspaper published weekly at Okeechobee in Okeechobee, Florida: I that the attached copy of advertisement, 'I. itt*1246 M_4' being a 121 181 IC ts'0110E 12C) * 1 ??78 Diubiffies Act (ADA) and Fk" St&ft 1 2U2C paso. vd& dbobffifin meft've. in the matter of CITY C01 INCIL MEETING NOTICE .W .ndfim to pwfi*aW'ift #& pr&' ceeding amm com"t Lam -diugotel� -do CITY OF OKEECHOBEE WW dw two (2) wwkbg do% pf- to dw: 55 SE THIRD AVENUE pwooedhq at 863-763-3372 x 214; if you wa impshud, c@H MD 1-00- OKEECHOBEE, FIL 34974-2932 222 344r or 14W447-5620 (M). ow 9'?' 941-763-3372 0MXZCH0WMMM= in the Court, was published in said newspaper in the issues of 02.41:TL9 AffianL further says that the said Okeechobee Times is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that has heretofore been I%Q� said newspaper continuously published in life said Okeechobee, Florida as a daily, weekly, or bi -weekly and has been 0) 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 - I co and affianL further says that lie has neither paid nor promised any person, firrn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 9 Cl cl, U). J. W. Owens, (Pubigher) Sworn to and subscribed before me this lchk day of A.D. 2004 (SEAL) Notary Public ---------- .,P,;Zy P& 0 " OFRCIAL ROGEALEE A Bne*on For COMMISSION NUM13ER CC 940770 rk, My COMMISSION EMRES PAGE -I- CITY OF OKEECHOBEE -FEBRUARY 17,2004 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES 1. CALL TO ORDER- Mayor: L\VV- Februa[y 17,2004, City Council Regular Meeting, 6:00 R.m. IL OPENIING CEREMONIES: Invocation given by Charles Moscato, Abundant Blessings Assembly of God Pledge of Allegiance led b,% layfilerfor tDfi5f� —rrLV C?!U 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 Deputy Clerk Adriana Berry Present Absent v/ V V IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk read the Proclamation regarding "National Engineers' Week" in its entirety, as fo#ows: "WHEREAS, engineers help to design, construct and maintain the Infrastructure and facilities that contribute to a high quality of life for all residents of Florida; and WHEREAS, Florida's growth depends on engineers executing Innovative, creative, high -quality solutions to technical problems; and WINEREAS, the stated purposes of the Florida Engineering Society Is to advance the public welfare, promote the professional, social and economic Interests of the engineering profession, and stimulate and develop professional concepts among all engineers through education and In practice; and WNEREAS, members of the Florida Engineering Society and the Florida Institute of Consulting Engineers are making strides to Interact with the engineering education sector to prepare future engineers to maintain our economic leadership and quality of life; and WHEREAS, It Is fitting that we recognize and honor the continuing contributions of America's engineers by observing Engineers' Week with the motto: "Engineering: Turning Ideas Into Reality" NOW THEREFORE, 1, James E. I(Irk, by virtue of the authority vested In me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 22 through 28,2004, as NATIONAL ENGINEERS'WEEK In the City of Okeechobee." MQT'W OwrecZ-0 -Vifyxt 4- lrjec4rj-Z4e 6�0-ejfrJ LOL , PAGE -2- V. MlNU7ES - City Clerk. A. Council Member ' NQ,4 moved to dispense with the reading and approve the Summary of Council Action for the February 3, 2004 Regular Meeting and approve the Summary of Workshop Discussion for the January 27, 2004 Joint Workshop of the City Council, County Commission and the School Board; seconded by Council Member 0 vJ VOTE YEA NAY ABSTAIN ABSENT iw V C; HANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED VI. WARRANT REGISTER - City AdMnish*or. A. CouncilMember. QLK, moved to approve the January Warrant Register, in the amounts: General Fund four hundred thousand, five hundred forty-eight dollars and thirty-seven cents ($400,548.37),Ta-plal Projects Fund (Vehicles) three hundred eighty-five thousand, nine hundred eighty-seven dollars and thirty-five cents ($385,987.35); Industrial Development Fund eighty nine thousand, one hundred eighty-one dollars and thirty-six cents ($89,181,36); Law Enforcement Special Fund threethousand, one hundred thirty4hree dollars ($3,133.00); Public Facility Improvement Fund, one. thousand, seven hundred seventy-three dollars and ninety- seven cents ($1,773.97); Capital Projects Fund (Building) one hundred thirty-four dollars and ninety-three cents ($134.93); seconded by Council Member L-M VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAi WATFORD VALLIAMS V/ MOTION: DENIED Vill. A41ENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. M t) � PAGE -3- VHI. NEW BUSINESS A. Discussion pertaining to non-profit organizations and local businesses for events in the parks - Bobbi Poole (EAM 1). 30bbi %le rv+ hfto- �Or C)r Clplr�� Ct groy. Clor Npirilvig OP oL upf - AT)o;hvr pho+r�raptv,_ km O_Lt O� +-OWn Co�� Comv- I r-,D�- G-at NQble, or nor-%PrAY. N 0 +- ?ZYMI tVC( . Wki Gorm Oxt Op bon Cov, cvw h'r[cs AcLIF. (�Wq(A tu hckvQ amefiiwo,-Not Air. 00� 6hQ- v3a.� Gr i�m O*er. fllvAld 4o ia_t�p, p)c*tr6, V - �t�wa nd� ros *a+ oil Ij wl- - PrON.�. W hwO, 'Bu5*11)P53 - P"FLP- ih part , A9yPewn_r h05 bpen rR'Ctd'_5 Dr'� *PM . JC� -OnIj roi- PrO� �- or C�-06-ta Oe 0907)- 7ohw. CY)Qn'tQb)_A' ov- CAt .5�at M4? . wd4k I OVV f �b Oppor+-Umi earCUZ 'im pc)rJO, JO_ - 169 por I �V W 0, m ho r - g.A,16 t rp 104ps 0 fl� er 0 C tv,j� Mon +-�)e YQ, (�rpn �o A 1) . Chombar, pa�s Por clpop% LA rrp5+ r Yd k k_o_yLyw11JJOc( peopJ& rupmoilg Ao?� 0 1Y) b (5 fcuj,4 �,e W 's r-Ow )/'9 - h C?q to C,Oh"l �bd fu�S.T�jnq �O (AWd akj- kprd ToQ?ij diN�rqW a;ai KPOSM whj.",5. N04 W'ai 09) Otmw. 6m*,. �Pq_ brAt Cwm&A-' �nders�qrd wive L-9)Za lump t t wW 60 HQd CliGmhOr pWp.6 WOIJ:�jljqel WQ_ Pb kc 0- as m am OL .5 w 0. QC1n 'Cj- 0 S C-Opj OF- afpvmhon . Dw+ havo- to hard cyo-P4-,, Wor 6h QD- f rr, Vw )r pe- P PGX Cjanps btxL -Ib Oku . Yes " io police . -take, cippWah-4o palr�- . llen-),6 Cton4 quah4. po Lxs�- wc Can, �6rd 'flo rW\ Mt S �w A7Q, boffel W�61� long 9cife -CYOMIDar 4�)- W(�Fh do SOthethit-9 �br bL&ChuW,T(w , Trq -to 5i�Rr) t �u qfOxV upnt5 UOQ. fuL k on f-to �dp mf � ftn C3 (OV RQ*j�, I?q ffp - I+Oh PS�J tj 50 w h en fps� Y(* Co mQ �notq- 4. Ra,-d) h vun qd - Pfa z f-mo#02. - Belv4-, Uh dus�zoki r)q - N t no rxd-i+- - SpecO?J Pt vch - trojor t\�ht (DO r)'-� VY) rv� k 6 rf- . Can*4- Q,�-Qno�e+oppo tq to e. aq bO u� � CTU e M fet r yr- �- lo r 0,,u Wo-� �Po F�j 0 huct\ah � CQr-\ 4C&o. C&OnVq�, . kpt ChaMM r, LIM JV-� kQ V� tj OP. Ck- I I MD r 0- 0 �br �fok+. Pokiclo Tiptn --t-urnod- qwo,�, vpr\,Oor. ty� scy-(Y/) JC.- maycy-� Drct PIS. iobe co-- rU kk� + 1-05 IX IC) -hW�, -TU 9M� f, r i o-r 40a. 4 h �o rco- W�� w 9. Yr4 -vo, /Y4 nit\ I W r ruu�h's , D cohs un T re, y us� c, �Q rc-h Oo v i r� hxz n Spec44V. r6 I bo 0 k) ss- � up P(q F� CAM r- Q's L -11�m fo ),Po va p L M - Wch p u+ 6n lls-�- can'-f- Corrw )9ac e - fi I Storos - pac)#c 50- Loy bl) S-4rvg4-. Kb r\nardQn4-,54g ge r i Qc(n-4-qQt-+I)ornmowd. Do- Poddlors li'cpkco o�so?e bogg- 41, Puhhc, p(opoK e cl ict if ptrfn4ed . Jnclude, llob)' pomimn . pq uivd h9S �o ha vo- Oose 4-h 1 /9 5 , P I S fo tas - con + s t p CtMIyo -hrro, ()f ZVvfr�-- JIC- 10t, 4 5at, I-P- Whc4v(z ducurypor prc)b)erf) cLddrpsd 5tDpp?d s(4- -nw q Maim (Y\ PCI r pose OP- old i mroe (Po li t /Z) /Oc +t)e on-C Q Pprz)Ct Wed Win lw)r) frpspn-�- 1'r) pc�rts, Cct Y\ U r6Y Oa hd , PAGE -4- B. Consider preliminary plat approval of the Industrial Park - Craig A. Smith & Associates (EA11161104. _ 0 r6mr 9 W%n 5. 0 (cd Kch)-Ical ireopui corn rn Are IN Q. r-noo, & ctwt . L. in 5U Wq n iA - j i t m� cO Yrec*--d . S " i q ass , we I I p ro * ch-69 WOck . OstUc&c. Ouno, .&(Y6(.tA -J V- -<�Q-h6fW. Sfor Dad -Aechh�clyquiw, f)QVQ ioprs Qqr-Oq1rVf1�, VJ � oLq aw Lo por 4 Owwr . �Oer s(� j-,n o ra I-os - IZ)e, 0 q u I', Y-U d qect r#5 ko'c h-b� k ih in wo r r-,s , a, 11P �Ao +�Vo 5015 QVO01?/Q - emv--,�-rQ hvdfol��S. ib CtO hC IT� . )5 0 -,,Q bE6V /P, G a Onn j o ne, r e r IGL a O-u (Oq u i ffmn 15 , We ff a var,66-qxy (�w �cm ri ryi-to r Pew , Fach 4-erwrl- -Pw)i- a49 - brth tpvelopr sire -Pan qw-Ovaq. -8j)) rVC) 4-u) uxJ4 r '�W 14- Onl WQ, �A VOZ --rocr or) qOd/)7wrz) NO 5i kt6l rV55 COVOrO4 P� OfoAts- 4-,s 1 444 r-q In Q In c� cj �k-ecj Pbr- -Ossu raff�e , , ols a ua� ff Ion P-eL3 140 V a ejeo tw- pja4-4 VOTE YEA NAY ABSTAIN ABSENT KIRK 'I./ CHANDLER L/ MARKHAM V WATFORD V IMLLIAMS V MOTIO<�� - DENIED PAGE -5- C. Council MemberLm moved to approve a Florida Fish and Wildlife Permit for the taking of gopher tortoises and their burrows pertaining to the Industrial Park - Craig A. Smith & Associates (Exhibft 3); seconded by Council Member tx_ - eAkhashnq 6 etnsOef- - 91, Oxm exeutatioc h(JA �b V-CM C(rpw&a �or uprd ou'ro , Pw to IC�hOuj 0 OCd I-D . Jt-,A 6� 4AS� - CVj / N 1/�, J I M V lb - btqn� bur own )SwJ � �as - a hN �O to WW AO dot5l-,'k CornL at�- oP qion� tlp-co-jnes bvC j,� VOTE YEA NAY ABSTAIN ABSENT KIRK V CHANDLER L/ MARKHAM WATFORD WILLIAMS CARRIED - DENIED PAGE -6- D. Consider Street Closing Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest V Avenue and aligned between Blocks 59 and 60, City of Okeechobee - City Clerk (Exhibit 4). Ln tj C - sw%icn ry- bav 0, �0 C in pxvinj SMfh porMn 0�- 5�rvvj VOTE YEAj NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L/ WILLIAMS MOTION DENIED PAGE -7- E. Council Member — K)Q-, moved to appoint Penny Revels as an Alternate Member to the Code Enforcement Board for a three year term beginning February 18, 2004 to April 30, 2007 - City Clerk (Exhibift 5); seconded by Council Member Um— Qwmemb�r Va yw - r, c r5 v t nctt e IDOS� -h6 'I -� Pk ir-�o r) f-b UA-t- Q PPI icq n . j 0 Ct (ter oct �g - C rr— Q PP 1(ew�e, - Pki 3 (P Y),a VOTE YEA NAY ABSTAIN ABSENT R1­RK— V CHANDLER MARKHAM WATFORD VWLLIAMS MOTION CARR:IE�) - DENIED PAGE -8- F. Discussion related to sign -waving in right-of-ways - Councilman Chandler. (a box� po II fic 5 on q clect 5)69 tD qw� rd-. panir))4 s 5iqP5 )o-Pimoy,, WMY 00 J 4 SFD�� (A)( b,-Cxn,-NCW OF CtIrIVI - Ma jn�qfso(+V) Onsilpwcilt. I i cl, -/- vvley Con tj�)W (_olol FvTIQ L/M- PD-f pmparl,� Bobbi - not here on behalf the any organization, just want something clarified, guy who comes in with big bull and takes pictures and charges for the pictures and then I can't because I'm a local business owner, its not fair, even out, if I wanted a petting zoo, whatever, it doesn't seem to be fair, non-profit organizations are not clear, not stating on that, schools have olan mills, day cares have teddy bears, I want to be a business in this community Kirk - my understanding that only non -profits are suppose to be in the park. Bobbi that's not what's happening, this guy even has a credit card machine, that's not non-profit. Kirk we entered into an agreement that goes back prior that the charnber has the park since 1978 and we've relied on them to only allow non -profits, if that's not waht is happening then we need to address that with them. Cook, parks are only for non-profit, problem non-profit gets use of the parks, then they allow others to use it.' Bobbi - an embaressment to me, only to be non-profit, if your telling us they are allowing others in we need to address it with them.. Bobbi - candles, other items for sale that even have made in a forgien country stamped on the bottom of it. Kirk, don't know what we can say, Al Stokes, one of the organizers of speckled perch to start with, reason why merchants not allowed in parks is Col. Hamrick, if his trust wants to change that they can. Chamber has permission from Col. And city to use the parks. When I was there the Chamber has a form, hard to police it, chamber pays for trash cans, insurance, a lot is not the chambers fault, they eat the restaurants, etc. not the first time merchants have yelled about this. This has been Col. Hanuicks wishes not the Chambers, they'd love to rent all the booths out to the merchants. The chamber tries to cull out as many as they can, if we find out they aren't we move them out. Came up here with Drago, if they make the craft they can be in there, business license, although most should have pedders license. Elderly, fixed income, retired to help supplement their income. It's not the chambers fault they are down there. But that's the reason why the merchants aren't allowed. Col. Hamrick's dead and what you want to do is up to you. Chamber not trying to take anything away from the merchants, they help the merchants, set up the first organizations to get some businesses and people in here. Booth she is talking about was the chambers booth and they made all the profit from that. Brenda O'Connor, executive director of Chamber, brought bull here, thought it would be unique to have, chamber people working the booth, Dept of Rev requires if you go to more than 2 craft shows you have a sales tax number. Application we have the City has a copy, they certify they are not commercial vendor, or resale items, member of non-profit group can be part of, churches, don't know where the real question is, would love to have the merchants in. Replica of vietnam wan, tying to get funds and donations to bring in. People who attend festivals stay in hotels and camp grounds. Noel, several years ago a lady checked every booth, non profit status check and that didn't scare anyone off then. Brenda, yes, they check our applications, use wording from Dept of Revenue. All the money comes back to Okeechobee County. Kirk do you try to police them at all? Yes sir we do, we take applications to park with us, if I go down there and see their items don't qualify I send them home. Do the best we can, I'm not perfect, its hard to maintain, run an even t of that size, not goin gto tell you they don't lie to me. Daryl Donnahan, President of Chamber, trying to do something to bring people in here to help the busine$ses, if we could have businesses in here, real fine line here, don't want to hurt the merchants but we're not the one who has the hamrick agreement, trying the best we can, make this a tremendous event. A lot of up front expenses to hold things. Rustic Ranch Furniture, honestly tell you when the festivals are here I make the most money, stay late, use my bathrooms, feel bad for her, think it really draws a lot of people here. Kirk, think we have an understanding in writing that there will be no for profit, know speckled perch festival is the major event we have every year don't want to hurt it don't want to change it at this time, that event gets larger and larger every year, ways for our own merchants to benefit from it, don't see where there is any thing we can do. Hope chamber will do all they can do to police it. Markham, ask to police more, ask to leave when they find them. Patricia Tipton, work for chamber, turn away as many I can, try to screen them. Cook, add to agend March 2, resolution for park guidelines and update them, may be able to incorp some of this in them. Mareen Buroughs, Sybles Flowers, same concerns, understand rules of park, hope to change that one day, there are flagmt businesses in that park, take it as a slap in the face, may be on their application, but after they set up you can see different, hopfully they will Markham, keep list where they can't come back. Stokes, city could come up with, 2 donnahan, private Property and public property, licensing needed, etc. Cook, think so, have to get with Lydia, if they are permitted yes. Would that include insurance, proajon, Cook, anyone who comes to city to get permit must produce thos. * *Stokes, other organizations couldn't set up within a certain period of time before the speckled perch/labor day festivals, some agreement with City. Bobbi, if that' sdie case the chamber rented, I would really like to be approached and let me incorp my business in that, Kirk, you need to discuss that with the chamber. VIIII. B. Exhibit 2. TRC recommending Chandler motion to accept Markham. LaRue substantiate by TRC, items corrected, concern on well protected area, lots can be used when wells moved, culs de sac corrected, meets requirements. Cook LDRs require developers agreement felt since we are developer and owner it wouldn't be necessary, deed restrictions, title certificate of ownership, working on those, will be in place by final. Veach, keep if you want, expensive, don't want please leave here. Markham, fire hydrants, yes discussed, water mains, Veach radius in cul de sac correct. Meeting and exceeding everything we require what the general public has to do. Same rules apply to us. Williams, primeter fence. Nothing culled out, each individual owner required. Cook, addressed in deed restrictions as well as signs, LaRue, correct time to address, not during platting. Each owner comes in for site plan approval, etc. Williams, monies from grant, put in infrastucturc. Yes, ready to go to bid on the project. Build what we have the money for, others slid. Tack on additional items as money is available. Goal is that first business will be served by infi-astructure, goes beyond that, granting entitiy wants security of the survival of the park. 3 Final is scheduled for March 2. Vote - all yea. VIH. C. Exhibit 3. Markham/Chandler Veach, we have to approval, $4 1, expenditure, make it during construction, want to make sure we have approval. Williams - buying 5-6 acres someplace. Jim money used for off set. Veach no this doesn't come out of the grant money. Come back from land sale, that is the intent. Vote All Yea. VIU. D. Exhibit 4. Markham/Williams & Chandler All yea. VIH. E. Exhibit 5. Chandler[Willams. All Yea. k -y J�11 Noel, mentioned with upcoming election, like to know what we want to do. Cook, looking at existing ord, prohibits signs that interfere with traffic and safety. State uniform cititation? Only if they interfere with flow of traffic. If they block view, etc. Sheriff concerned with this, not signs focus as taking their attention off traffic. Cook, not sure we can prohibit. Just want clarification. Cook, don't think there's anything we can do unless it obstructs sidewalk or streets. 7:12 p.m. 4 U) 0 0 a- 'V 0 co W. oa. CD r l'o. :,4 Cl) po C C=) 4�1- e 0 0 R 0 �o 0 CD 0 -n 0 a � Aj 0 0 W 0 0 CA n CL CD Cn 0 ic > m 0 0 0 CD CD pr 0 -n CD cr C> -P.- 0) V) 0 m co S' CD CD CD CD M X m CO) m z 4 0 z CO) z 0 n 0000000K 0 0 0 0 C-) > > 0 EL ::* L). Q. 9. C) 0 — — — =e K K r. im CD M CD CD 3 3 3 3 cr cr cr cr CD 0 CD CD CD CD m G) =r " " " -,% 0) oor-Z;K 0 2 0 0 -%. k o 5,Q 0 CO 0 3 2) CL a r 7 ac 0 M 0 0 a z z a CO) m z m 0 a m z m M m m 0 z Fn- ca -05 w;gCL fm CD a 0 0 h !:�O. 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(A w 0 m x m cr ;w OM w 0 a cn T. 0 CD W1 0 :3 -6 0 N a) 0 =3 CO) CL 0 2 Cr a (A_ CD (A (A CD CO) CD =3 EF CD cn 0 Cr cr -V 0 0 CD I... m x 2: z m w z m co ca CD =r CD a) CL CL ;w 0 =3 CL CD 0 =r CL 0 CO) 0 6 CL cn 42 CD CL 9) G) m z 0 -0 r- 5 0 G) ac cl. 0) CD m m cc ;w CD In -0 -n �l 0) -0- a) o -30 A -n = C 0 . �0. CD CD 0 E3 < "0 CD o -n n cn CD CL CD a) -n < C CD CD -ri m C- -n cL CD CL (A CL 00 00 —4 —4 00 00 4b6 w w —4 00 CA) —4 c::o Cn —4 z m G') m 0 CL cm 6 -n m w M C) C*) 0 a G) z 0 W -n CD CD 0 0 c z m m CA) !it 1, " , W-� RYWIM-I Mice of the ISU'y—or MmrAobee, C--A*&& engineers help to design, construct and maintain the facilities that contribute to a high qpMty of Iffe for all residents of Florida, Floridas growth depends on engineers executing innovative, creative, hi L" '"Oty solutions to technical problems; and En the eta" purposes of the Florida Society is to advance the publiq�-`- welfare, promote the professional, social and economic interests of the engineering" - "ion, and stimulate and develop professional concepts among all enginefts7l profe ftough education and in practice; and VVIEWEAS, members of the Florida Engineering Society and the Florida institute of Consulting Engineers are malting strides to interact with the engineering education sector to prepare future engineers to maintalla our economic leadership and quality of We; and VVERWAS, it is fItflng that we recognize and honor the continuing contributions of AaNtricas engineers by observing Engineem' Week with the motto: "Engineering: TOrning Ideas Into Reality". NOW I EVOIK L James E. Kirk by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim February 2 2 through 2 8, 20"i as NMONM ENGOGNMS'WEM in the City of Olwechobee. In whoess whewof I han hercuaw ie b"d a" eamed tWx seg to be E. KITL Aftest: A )a Lane Date.- 04k EXHIBIT 1 FEBRUARY17 AGENDA CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobe /c, Florida 34974 1 1 , d NAME: (AZLt' j ADDRESS: jowz /j 0 r7l; 0 - el " , TELEPHONE: FAX: MEETING: REGULAR tY/SPECIAL C3 WORKSHOP 0 DATE: PLEASE STAT &jTHE WM YOU WISH To CED ON THE CITY COUNCIL AG " P��- - - , � - x, ,, /J Aoa i PLE4,SE STATE T DE TME VE W (S) YOU HA #ORKED W1rEH THUS FAR: A haNY -e�Yo Akn,- &1'� - J- "AZ Ya A,6 ,,a -M., j!Sdiek I tl�' i2a� 6T 41-jwnl R a--f 4 e. r- r lqy-e pe"wi tfeq, PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: "I Ir I re IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED 8Y:.vk4/- Y. 4�4— DATE: 9A LIP "L,-4) /W,-/j oll w 1-7 /5VA 10 . 1 0 ExHmiT 2 FEBRUARY 17 AGENDA Exhibit 2 consists of an extensive, complete set of plans, which are on file in the Administrator's office. We will also be using these plans for review in other committee meetings and need to keep them in-house. A complete set will be provided at the meeting. rW3 City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Phom: (W3) 763-3372 exL 218 Far (863) 763-1686 Date Received: -a 14 1 N-'. P.W. Date Dkbtxftd lo City St3ff and TRC: N t R Property Tmm Pvd Verification: K Vuwon Date of City Council RwAew. I I I C4 Council Action: APPLICATION FOR PRELIMINARY PLATTING OR SUBDIVIDING PROPERTY NmaoFPnojwT: CITY OF OKEECHOBEE COMMERCE CENTER NAw OF PROPERTY Ckwmgqs): CITY OF OKEECHOBEE Ovmm3qs)NALwGAooREss: 55 SE 3 AVENUE, OKEECHOBEE, FLORIDA 34974 ChmNERs PHONE: (863) 763-3372 FAX: (863) 763-1686 NAmE OF APPucAmT: CRAIG A. SMITH & ASSOCIATES AppucANTNALwoftomss: 242 ROYAL PALM BEACH BOULEVARD, ROYAL PALM BEACH, FL 33411 APPUCANTS PHONE: (561) 791-9280 FAX: (561) 791-9818 A P CONTACT POtSON: JAMES R. ORTH, P.E. P CONTACT PIERSONS PHONE: (561) 791-9280 FAX: (561) 791-9818 L I Emommt: CRAIG A. SMITH & ASSOCIATES PHONE: (561) 791-9280 C AoDREss: 242 ROYAL PALM BEACH BOULEVARD, ROYAL PALM BEACH, FL 33411 FAx: (561) 791-9818 A N SUWEYOR: CRAIG A. SMITH & ASSOCIATES PHONE: (561) 791-9280 T AUDRESS: 242 ROYAL PALM BEACH BOULEVARD, ROYAL PALM BEACH, FL 33411 FAx: (561) 791-9818 P DEscRrTmoFpmmEcrncummmjLpfwposEDLisEs: COMMERCE CENTER (INDUSTRIAL PARK) TO INCLUDE R OFFICE BUILDING AND LIGHT INDUSTRIAL USES. 0 P OF PHASES: MULTI -PHASE, PHASE I TO INCLUDE ROADWAYS, WATERMAIN, FORCEMAIN, E SANITARY SEWER, LIFT STATION, DRAINAGE SYSTEM AND EXCAVATION OF LAKES, ETC. R T LocAumor-A3mwcmwToTwPRojEcT: S.R. 70 EAST To NE 15 AVENUE, NORTH To NE 12 STREET, WEST INTO PROPERTY. Y ExisTwG ON PROPERTY: ROCK ROAD THAT LEADS TO OKEECHOBEE UTILITY AUTHORITY WATER TREATMENT PLANT. IS PROPOSM USE DFIFERIENT FROM EXIISTIING OR PRIOR USE? YES No IWA TOTAL LAND AREA w sQuARE FEET: OR ACRES: 124.1 ExmTmG bwERvKKis SuRmce SQUARE FEET ACRES 0 0% OF SfM AvomamALwPERviowsuRFAcE: SQUAREFEET ACRES 66.85 54% OF srrE PROPOSED MAL HMK3rAOtIS SUR1FACE: 66.85 110, C=*wT DMMG: I rdustr I Ct I CtxaamT FunxtE LAND USE: INDUSTRIAL GONFOOMTKIN OF INFORMATMIM ACCURACY I bwebycadWyNd Me kmkwnWm in oft appM=aw is coo 7he2Vonnmdbnkwkzbdinb%tappkmkwisibrumbygoCiVyofokoedwbwini rrrmmi,gnWjwqixwtFab&or nAffbamw kwan mBYbo PuffAMW& bY a rowoflp lb $5W.00 and I mphommil a(up ID 30 dop aWimymstain fie mwwwydonWorb* appgcagm ,94hature of A.Wmt Prkftd Nanw Project Name: r--a �tv 0 ( C) , 6"'IMCMA-- 60ief - CITY OF OKEECHOBEE CHECKLIST FOR PRELIMINARY PLATTINGISUBDIVIDING PROPERTY Description Date Sukxnitted Ck=d 1 Completed and signed application 02/04/2004 2 Notarized Original Letter of Consent from property if different from applicant 3 11 Copies of Preliminary Plat see Sec. 86-71 and 66-72 as to specft requirements 02/04/2004 4 11 Copies of Improvements and Construction Plans see Sec- 86-72 as to specft requirements 02/04/2004 5 Title and Gertifications see Sec. 86- 72 (18) 6 Draft of Protective Covenants see Sec. 86-72 (19) 7 Statements in accord with Section 86-71(l) 8 Draft of Proposed Developers Agreement 9 Technical Review Committee Minutes/Comments 10 Supplementary Material I I Application Fee $425.00 plus $30.00 per acre FLORIDA FISH AND XILD-TUIFE CONSERW. -.ION COMMISSION -low RODNEY BARRETO Nfiami JOHN D. ROOD Jacksonville KENNE7H D. HADDAD, Executive Director VICTOR J. HELLER, Assistant Executive Director Mr. Bill Veach City of Okeechobee 55 S. E. 3d Avenue Okeechobee, Florida 34974 Dear Mr. Veach: SANDRA T. KAUPE HA. "HERKY" HUFFMAN Palm Beach Enterprise RICHARD A. CORBETT Tampa January 27, 2004 EXHIBIT 3 — FEBRUARY17 AGENDA BRIAN S. YABLONSKI Tallahassee BRIAN S. BARNETT, INTERIM DIRECTOR OFFICE OF ENVIRONMENTAL SERVICES (850)488-6661 TDD (850)488-9542 FAX (850)922-5679 Re: Gopher Tortoise Incidental Take Permit #OKE-3, Okeechobee County Enclosed is permit #OKE-3 for the incidental taking of gopher tortoises, their eggs and their burrows within the development boundaries specified. The application for this permit was complete as of November 12, 2003. Please contact me, or Mr. Rick Brust at (772) 778-5094 if you have any questions regarding this permit. Sincerely, Brian S. Barnett, Acting Director Office of Environmental Services BSB/js ENV 3-2/5 Enclosure gtpermit.ltr cc: Mr. James F. Milleson, Milleson Environmental Consulting, Inc. Okeechobee County Planning Department Mr. Ricardo Zambrano, South Region, FWC Major Brett Norton, South Region, FWC Mr. Rick Brust, OES, Vero Beach, FWC Ms. Angela Williams, Division of Wildlife, FWC 620 South Meridian Street - Tallahassee - FL - 32399-1600 Visit MyFWC.com PERMIT FOR TAKING OF GOPHER TORTOISES AND THEIR BURROWS Chapter 68A-27.005(l)(a) F.A.C. STATE OF FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Issuance Date: January 27, 2004 Permittee: City of Okeechobee Permittee Address: 55 S.E. 3rd Avenue Okeechobee, Florida 34974 Attn: Mr. Bill Veach, City Administrator Consultant: Mr. James F. Milleson Consultant Address: Milleson Envirom-nental Consulting, Inc. 4630 12 1 "Terrace North West Palm Beach, Florida 3 3411 Permit Number: OKE-3 Location of Affected Site: Proposed 122.5-acre Okeechobee City Commerce Park project site, including 27.0 acres of gopher tortoise habitat, situated west of N.E. 12'h Street, east of Taylor Creek, north of the Seaboard Coast Line Railroad, and south of the Okeechobee Utility Authority Water Treatment Plant, within the north -central portion of Section 15, Township 37S, Range 35E, City of Okeechobee, Okeechobee County (see attachments I and 2). Permitted Action: The permittee or its agents are authorized to take gopher tortoises, their eggs and their burrows within its development boundaries where such taking is incidental to development activities. The criteria of Rule 68A-27.005(l)(a) F.A.C. have been satisfied and the taking, as conditioned below, will not be detrimental to the survival potential of the species. Provisions/Conditions: The permittee shall contribute to the acquisition of 6.75 acres of tortoise habitat by paying $41,128.00 ($6,093.00 X 6.75 acres) to the FWC-Land Acquisition Trust Fund, Central Florida account. Payment shall be sent to the Florida Fish and Wildlife Conservation Commission, P.O. Box 6150, Tallahassee, Florida 32314-6150. 2. This permit will not go into effect until the permittee has obtained a receipt from the FWC for the mitigation funds specified under condition #1. As described in the permit Notice of Rights Statement, issuance of this permit may be appealed by a concerned party within 21 days of the permittee's receipt of this notice. If a Petition for Administrative Hearing is timely filed within this prescribed time period, the permittee will be notified by the FWC. Upon such notification, the pennittee shall cease all work authorized by this permit until the petition is resolved. Receipt of payment must occur in a timely manner so that regional habitat conservation areas can be purchased. This payment shall be made within 6 months from the date of this notice. If City of Okeechobee Gopher Tortoise Incidental Take Permit #OKE-3 January 27, 2004 Page 2 the payment is not received within the specified time period, this permit is subject to being voided. 4. This permit does not relieve the permittee from any other "taking" requirements by the U.S. Fish and Wildlife Service (USFWS) or the FWC as to other listed species. Specifically, this pen -nit does not authorize any destruction of scrub jays or scrub jay habitat. Consultation with the USFWS should be sought if this species is present. The permittee or its approved agents are authorized to move tortoises, at their discretion, within the property boundaries to minimize taking. This permit does not authorize the permittee or its agents to possess or move tortoises off the contiguous ownership of the permittee nor to move tortoises into areas previously authorized as a relocation site by a FWC permit. A separate relocation permit from the FWC shall be required for those activities. This permit does not authorize any taking of gopher tortoises beyond that which is a direct result of development activities or the on -site movement of animals addressed in Condition #5. Any other form of taking or relocation will require a separate permit from the Executive Director. 7. This permit must be available for inspection at all times while engaged in the permitted activities. This permit is transferable to subsequent owners of the property. Notice of Rights Statement: In accordance with Rules 28-5.111 and 28-6.008, F.A.C., and Section 120.60, F.S., any party may request a hearing on this matter pursuant to Section 120.57, F.S., by filing a completed Elections of Rights form (copy attached) by certified mail, return receipt requested, with the undersigned within twenty-one (21) days of receipt of this notice. If timely requested and a hearing is granted, the hearing will be conducted under the procedures established by Section 120.57, F.S. A party will be given the opportunity to be represented by counsel or other qualified representative, to take testimony, to call and cross-examine witnesses, and to have subpoenas issued on your behalf Kenneth D. Haddad Executive Director M EVE - 4- 0 NO I �M - M__ - - an Attachments: 1. Location map 2. Project boundaries map 3. Elections of Rights form KDH/SL ENV 3-2/5 C\correspondence\oke-ldoc JAN-23-2004 12:12 PM F.W--C. 7727-4Qk,7227 P.104 Z. 0 OAKI,T ANTIt RICA(Af'o, "E' Nki P ah. . 4�d wom :7 -1 e\T, \to SITE LOCATION MAP I" = 2 miles T- Okeechobee County Sl.5/T37S/R35F- CITY OF OKEECHOBEE COMMERCE CENTER MILLESON ENVIRONMENTAL CONSULTIN�T—F FIGURE I JAN-23-2004 12:12 PM F.P�Z. 7727-AwmL7227 P. 05 4P- ------------------ �,Jfl P CBS Quartarm 4; own Hirb Sch press f4uarteq 15 14 USGS QUADRANGLE MAP 123 = 2000 feet Okeechobee County S15/T37$/R35F, CITY OF OKEECHOBIEE COMMERCE CENTER MILLESON ENVIRONMENTAL CONSULTING FIGURE 2 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION EXPLANATION OF RIGHTS If your substantial interests are or will be determined by the Florida Fish and Wildlife Conservation Commission's action or proposed action stated in the accompanying notice, you may make any one of the following elections on the attached Election of Rights form and file the form within twenty- one (2 1) days from the date you receive the notice of agency action or proposed action. If you so choose, please return the completed Election of Rights form with the enclosed Petition for Administrative Proceeding form completed in accordance with Chapter 28-106, Florida Administrative code, or a substitute document in compliance with Chapter 28-106, of the Florida Administrative code, to the address listed on the Election of Rights form. 1. If you wish to contest the agency action or proposed action, but do not dispute any of the issues of material fact set forth in the notice, you may request an informal proceeding pursuant to Sections 120.569 and 120.57(2), Florida Statutes. In the event that your request for an informal proceeding is granted, you will be given the opportunity to either simply present a written statement challenging the grounds upon which the Commission has chosen to justify its action or inaction or present evidence in mitigation. Any request for an informal proceeding in this matter should be directed to the Conunission by checking the space marked as I on the Election of Rights form and filing the completed and signed form with the Commission within twenty-one (21) days from the date of receipt of the notice. Inmakingsucha request, you must include with the completed and signed Election of Rights form either the ;ompleted and signed Petition for Administrative Proceeding form completed in accordance with Chapter 28-106, Florida Administrative code, or a substitute document in compliance with Chapter 28-106, of the Florida Administrative code. 2. If you wish to contest the notice of agency action or proposed action and you dispute one or more of the issues of material fact as set forth in the notice, you may request a formal hearing pursuant to Sections 120.569 and 120.57(l), Florida Statutes. If there is a disputed issue of material fact and your request is otherwise complete, an administrative law judge shall be furnished by the Division of Administrative Hearings of the Department of Management Services pursuant to Sections 120.569 and 120.57(l), Florida Statutes. A petition shall be dismissed if it fails to state disputed issues of material fact, it otherwise is not in substantial compliance with the requirements of 28-106.201(2) FAC, or it has been untimely filed. Any request for a formal hearing in this matter should be directed to the Commission by checking the space marked as 2 on the Election of Rights form and filing the completed and signed form with the Commission within twenty-one (2 1) days from the date of receipt of the notice. In making such a request, you must include with the completed and signed Election of Rights form either the completed and signed Petition for Administrative Proceeding form completed in accordance with Chapter 28-106, Florida Administrative code, or a substitute document in compliance with Chapter 28-106, of the Florida Administrative code. Failure to make any election in this matter, as provided above, within twenty-one (2 1) days from tae date you received the notice, shall be considered a waiver of your rights to any administrative proceeding as provided in either I or 2, above. Mediation is not an available alternative with respect to this action or proposed action. C:\,iMyFiles\Admin Notice Election and Petition.doc FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ELECTION OF RIGHTS I have read the Explanation of Rights provided to me by the Florida Fish and Wildlife Conservation Commission (Commission) and understand my options. (You may select one of the options below and return this form to the Commission no later than twenty-one (2 1) days from the receipt of the notice of agency action or proposed action.) El 1 . I do not dispute any of the issues of material fact in the notice of agency action or proposed action, but do wish to be accorded an informal proceeding, pursuant to Sections 120.569 and 120.57(2), Florida Statutes. I understand that I may either submit a written statement or submit evidence in mitigation to the agency head or designated representative. I have attached the completed and signed Petition for Administrative Proceeding form completed in accordance with Chapter 28-106, Florida Administrative code, or a substitute document in compliance with Chapter 28-106, of the Florida Administrative code. E 2. 1 do dispute one or more issues of material fact in the notice of agency action or proposed action, I have attached the completed and signed Petition for Administrative Proceeding form completed in accordance with Chapter 28-106, Florida Administrative code, or a substitute document in compliance with Chapter 28-106, of the Florida Administrative code, and I request a formal hearing, pursuant to Sections 120.569 and 120.57(l), Florida Statutes, before an administrative law judge appointed by thr Division of Administrative Hearings. I have read and understand the Election of Rights form and understand that I have the right to be represented by counsel or a qualified representative at an administrative proceeding. I also understand that I must attach a petition to this request if I have requested an informal proceeding or hearing. Please sign and state your current address and telephone number: Signature PRINT NAME Date The above indicated person is D the Petitioner, :1 counsel for the Petitioner, or :1 the qualified representative of the Petitioner (Please check one). Petitioner's name and address Attorney or representative's name and address (if applicable) If applicable, please list the type of Permit /License applied for and the Permit/License Number Please mail form to: Office of General Counsel Florida Fish and Wildlife Conservation Commission 620 South IMeridian Street Tallahassee, Florida 32399-1600 C:\ivlyFiles\Admin Notice Election and Petition.doc FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, PETITION FOR ADMMSTRATIVE PROCEEDING Compliance of Section 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code If requesting a proceeding, please complete this form or otherwise provide the information required by Chapter 28-106, of the Florida Administrative code on single sided 8 1/2" X 11" white paper and send to the following address along with the completed Election of Rights form: Office of General Counsel Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 1. Please list the name and address of each agency affected and each agency's file or identification number, if known: 2. Please identify the petitioner (the individual or organization requesting the hearing): Name: Address: Phone number: 3. Please identify the petitioner's representative or counsel (if any): Name: Address: Phone number: ( — [The address of petitioner's representative, if listed above, shall be the address for service purposes during the course of the proceedings] 4. Please explain how the petitioner's substantial interests are or will be affected by the Conunission's action or proposed action: 5. Please explain when and how the petitioner received notice of the Commission's action or proposed action: C:\MyFiles\Admin Notice Election and Petition.doc 6. Please indicate whether the petitioner disputes any material facts and, if so, state all disputed material facts: 7. Please concisely state the ultimate facts alleged, including a statement of the specific facts that the petitioner contends warrant reversal or modification of the Conunission's action or proposed action: 8. Please state the specific rules or statutes that the petitioner contends require reversal or modification of the Commission's action or proposed action: 9. Please state the relief sought by the petitioner, stating precisely the action that the petitioner wants the Commission to take with respect to the action or proposed action: Either the Petitioner, counsel for the Petitioner, or the qualified representative of the Petitioner must sign below agreeing that the person signing this document has read this Petition, made a reasonable inquiry, and is not filing this document for any improper purposes, frivolous purpose, or needless increase in the cost of litigation. Signature PRINT NAME Date The above indicated person is El the Petitioner, 0 counsel for the Petitioner, or El the qualified representative of the Petitioner (Please check one). C:\MyFiles\Adniin Notice Election and Petition.doc EXHIBiT 4— FEBRUARY 17 AGENDA MEMORANDUM To: Mayor, Council Members, and City Attorney From: Lane Gamiotea, City Clerk Y�JOLb Subject: Street Closing Application No. 71 Date: February 11, 2004 Attached herewith please find a completed Street Closing Application by United Feed Co -Op, President Tommy Rucks. When the application was processed they were only requesting to close the North 245 feet. However, after much consideration, they wish to change the request to the entire portion of Northwest 3rd Avenue between Blocks 59 and 60. United Feed Co -Op has had a lease agreement with the City for the North 245 feet of this street since April 13,1982, which will expire on September 30,2045. You may recall in 1995 they shared in the cost with the City to pave the South portion of 3rd Avenue they were not using. Public Works has access to a water retention area from the South portion of this street. Staff will coordinate with Attorney Cook to make sure all necessary easements are provided for to protect the City's access. Should Council wish to move forward with the application, a motion would be in order to instruct Attorney Cook to draft an ordinance vacating the street and present it at the next regular meeting for first reading (March 2, 2004). Thank you. CMUM MCHIS mmmmmmmmmmj� E M1111111 1 :111111111111 M NMI MEN kP11-4, r4now loll 11111 11:1 1 IN HCH, 1111111111. DOWN R AIR 11 111 - WIN- 11101-�! 31.1 �01111 NOR 1111 011ie loll 10111 INJ 11110 oil 11111 loll HA65 =7 CRIME, loollillioll-I NZ maw - CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: . ['�,r0dcAtI6W*__Fj UNITED FEED CO—OP. INC.7amy Rbck--,, President P.O. BOX 485 708 N W 2ND AVE (34972) OKEECHOBEE, FL 34973-0485 863-763-2145 E 9E, -W71O "IT REE I" THE MORTH TWS 0 M ­M MPM MMMI Irdin " % W S U3 44 3 Oke HUNEIREEl FORTiF FiVE (246) FEET 9F THAIP eBRIF RIGHT—OF—WAY KNOWN AS NORTHWEST 3RD AVENUE AND ALIGNED BETWEEN BOCKS 59 AND 60, CITY OF OKEECHOBEE �PURCHASING Note: ir property is in two names by the word "and" both signatures are required (for example: Jim and Jane Do*). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: Print nan*' Print Name: 7— President United Feed Co-op, Im. The fomgoing instrument was acknowledged before me this Lze(alLe.,i3c) -�ev� by �07 (datef L/ and wcs perbonally known to me or (applical7if I (co -applicant) who produced V11-c"'704, e_vlru� as identification and who did (did not) take oath. SHARON L Wit uAid I Notary Public, 010 my Conn. upkn:�:23 -DI -Z" a. DD K 5- 1/1, Notary Public, Commission No. --)I gnature) 14 A Pac!9_211;1 L. UJI % LL I r-vn-S' (Name of Notary typed, printed or stamped) FORM 1123 FLORIDA ittey Deed (Front a Corp.) TEV. 10176 7UT1 x W L 0 0 W Z W Z W Z 0 11i 0 Made this day of March ?Beftueell' HUCO, INC. a corporation existin$ under the laws of the State Of Florida principal place of business in the County of 'Hillsborough, party of the first part, and UNITED FEED CO-OP, INC. 974 , A.D. 19 79 , , having its and State Of Florida of the Cou,.Ity of Okeechobee and State of Florida part y 11, e� 4 11. of the second part, whose mailing address i s : P0. f3vK 11E,5, 0VcEc1(c-t-"-r , - ' , , Pitiffessefil, That the said party of the first part, for and in consideration of the surn of ---- TEN AND N01100 ----------------------------- Dollars, to it in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said part y of the second part, and its heirs and assigns forever, all that certain parcel of land lying and being in the County of Okeechobee and State of Florida, more particularly decribed as follows: Lots 1 to 14 inclusive, of Block 59, TOWN OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 2, Page 17, of the Public Records of St. - Lucie County, Florida; said lands situate, lying and being in Okeechobee County, Florida. CJ F� 1�.- L lark ;? 0 P P 0. 00 __L1 _DL rf F7L il 1_'A PY STAMP 'f\'� V, N DOCUMMARY I A SUR, TAX FLOW A APR-3"j 911PB. 1 6 7 3. 7 5) Zogetiler with all the tenements, hereditarnents and appurtenances, with every privilege, ri#ht, title, interest and estate, reversion, remainder and easement thereto belonging or in any- wise appertaining: Ze linbe U10 to X01b the same in fee simple forever. C_ --- And the said party of the first part doth covenant with the said party of the second part that it is lawfully seized of the said premises; that they are free of all incumbrances, and that it has good right and lawful autl r*t to sell the same; and the solid party of the first '0 wfart, d,ocs herebd fully warrant the title to s ait7land, and will defend the same against the la ul c atins i " of pqrsons whomsoever. ........ (Z it Aitness p1jereof, the said party of the first part has caused th b ',rned in its nante by its President, and its corp- ese presents to, e sil, attested by its orate seal to be affixe e the day and year above written. Sa ------- -Huco, Inc. L te Gene Moore t Jealpb nub Pelibereb itt (Our Vrcseuce: By _7A iley, pres abrit M--\ -:�" resident. //_ L4 ( ) T., ". .OP--1685 WANANTY 11111) RAMCO FORM 34 0 R FRONI INDIVIDUAIL TO CORPORATION abak 251 PACE 419 WS 10arrality kfd Nlade lite 22nd day of October, A. D. ig 82 by MICHAEL S. HOLMES and LINDA S. HOLMES, his wife hereinafter called file groutior, to UNITED' FEED CO-OP, INC., a Florida Corporation a corporation exisang under lite laws of file Slate of FLORIDA . with its permanent postoffice addressat Post Office Box 485 Okeechobee, Florida 33472 hereinafter called lite grantee: (Wh-e— itned herein the. terms "graptor" an.d "5rantee" inchade all the. parties to this imieument and thc heirs, ,a] 11ple—L.1-1 and ass,sns, of individuals, and the successors and assigns of corporations) Ultfif SSMI: That file grantor, for and in consideration of file sum of S 10 . 0 0 - and other valuable considerations, receipt whereof is liereby achnowledged. hereby grards, bargains, sells, aliens, re- misess releases, conveys and confirms unto file grantee, all that certain land siluale in Okeechobee County, Florida, viz: Lots 15, 16 and 17, Block 59, OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, page 10 of the public records of Okeechobee County, Florida. SUBJECT TO: Restrictions, Reservations, and Easements of record. STATE oFp = FLQPI FILED �)OCUIYIE14TARY,,,o,.i.-ii�..,-S'TAiViP TAX I OKEECI'll".: -HENUE EPT. OF 7 4. 2 5 P. a. 19OZ OCT 22 PH 1: 06 150256 CLIF I'; .. ill. CLERK OF 1:110i LOUR'T Together Wilh all (lie tenements, heredilatneri(s arid appurlenarices lherelo belonging or in any- wise appertaining. Jo taut and to livid, the surne in fee sirliple forever. And file oresni., hereby cquenants wilit Said grantee that file grantor is lawfully seized of said land in fee simple; that lite grantor has good right and lawful authority to sell and convey said iand; that lite grantor hereby fully warrants lite title to said land and will defe'ld (lie Sallie against lite lawful claims of all persons isihomsciever: and that said laisd is free of all encumbrances. ex(7epf laxes accruing subsequent to 1)ecomber 3 1. w 8 1 In 10itfleSS ljeff0f, (he said grantor hus hereunto set our hand and seal lite day arid year first above "i ilin. Sig . se' .( rid d. ivered in our presence: .. .. ........ ... . ... . ... ....... . ....................... ........ ... ..... ...... I ........... St'A*I*E OF 17LORIDA, COUNTY OF Okeechobee S. ...... . . t: lir� ......... W ........... .......... HOL14ES I HEREBY CERTIFY that on this day, before lite, an of(ker duly authorilCd in the Slate aforesaid and in the County aforesaid to take acksiowirdquients, per�onnlly ipprarvd Michael S. Holmes and Linda S. Holmes, his wife "�o..me known to'i* the person S dcscribcd in arid who executed [lie foregoing instrument and they ackno.ledetcd b . qjprp-me �hat'-th.ey executed lite s.,nnc. WITN Ep� . iny hand and official seal in lite County arid State last iforcuki this 22nd (lay of 0 10,�,05-i A. D. 198 2 Ij v ....... ...... ................. ...................... ....... 1 411 It Notary Public, State 01 Florida At LarpL My Commission Expires April 19. 19a6 Tltir halrunicul pi-cparcd by: REI U RX40 B!G LAKE TITL.E COMPANY -Trm, !7-1 7011 N V1 r)llI !;t, qtiitf' 110 PAX- I i q 0 0 P4 13 jel WARRANTY DEED RAMCO FORM 01 114.4yac. 1. 1-1— This 10arranty ked Mal(' 'lie '73 A 0 (lay of October l,V KATHRYN-S. WILKINSON, a married woman, formerly KATHRYN SWEATT Itereinufler called Ill(- Pranlor, to UNITED FEED CO—OP, INC. whose posf.ffi(e add,es, i.5 -Post Office Box 485, Okeechobee, Florida 33472 Iterainaller Called Ilia firmilev: .i,. —1 1,, —d ­i­, of ­lp—ali I -1-ba, fill, yinittor. for (in(/ ill Coll sideralion (if lite sual of $ 10.00 and other i,aluable considerations, ret-vipf 10fiereof is liereby acknowtvd,led, liervO.V f1rarils, bargains, sells, aliens. re- mises. releases. conveys arid confirms utdo file grarilee. (it( that cerfaiii land situate iri Okeechobee Courtly, Florida, viz: Lots 18, 19, and 20, Block 59, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of record. OF Y — . 1-,;- 5 T P TAX I A 14 D�b_ 3559 UEff. _0F I'lEWIM OCT 3011 7. V �J FILED FOR P%ECUM 1981 OCT 26 AR 9: 32 J. ­k. CLIF BETt" "' CLERK Or' MUM COURT Together ill, .11 Ilia ferternents, heredilamerris arid appurtenances flierelo belonging or ill any- wise appertaining. To Have and to Hold, lite sorne in fee Simple forever. And lite granfor Iterelly. covena,ils with said urantee Ilia( lite Full(,,, is lan,fidt y Seized of Said land in fee simple; that lite grantor lias flood right arid latvftil aidborily to self and corivey said land; Ificif file oranlor hereby fully warrants lite title to said lorld arid "lilt defend Ilia sarric, aquirist Ilia lnu)ful cloirtis of all persons twbornsorver; and Ilia( Said fond is free of (ill encumbrances. eArer)l taxes arcrnbig siobse(Itivrif to December 31. 1980- In 10ituess 1011ereof, lite said grantor has signed arid sealed these presCILIS lite (lay arid year first above written. ?S' d sealed acid delivered in our presence: " g ................... ...................... ..... ...................................................... .......... -- --- STATE OF FLORIDA COUNTY OF OKEECHOBEE I HEREBY CERTIFY iliat 'on this (lay, bi-fore File, all offirrr didy authorized in lite State aforeinid and in the Counly aforesaid to take acknowledgircents, personally aplit-ared KATHRYN S. WILKINSON, a married woman, formerly KATHRYN SWEATT to be ill(. person t - !c dcsc-rilied in acid who exeruted (lie �,Dc," iii acknowledged before me that ejunne.111ty.pricent and she she I SPACE MOW FOR RECORDERS USE I Y�JTNESS my hand arid official seal in the County and . tte last aforesaid this --).:3 fto day of A. D. 19 8 1 October ........... ..... ............................ ...... Art Notary Public, State Of Florida At Larm ell J;--1t1J1J'U1lle1II my Commission ExpireS May 28, 190 R. H. gar�r. Manager. nirpec-hribri, Ah0ric-I r,n,,,,ry f da WARRANTY DIED RAMCO FORM 34 r fROM INDIVIDUAL 10 CORPORATION A-05 Tkis Warranty Deed 1�lade lite 29th day f JUNE A. D. io 83 by MARY HOSTETLER, a single woman hereinafter called like grantor, to UNITED !FEED CO—OP, INC. a corporation existing under five laws of file Stale of Florida with its permanent posloffire addressat P. 0. Box 485, Okeechobee, Florida, 33472 hereinafter called file grantee: (IV Ir, rev ' r tued h—in the itrrns "grantor" and "$ra. 'e" .11 1" P-ti" In IN, i.t-. nt and the h,i,,, hs.] ,p .... n ta live, and ..ign, f irtdi�.d..;' d 1h. and .3t, ns .1 corpo-fl—) UltfieZetll: That lite grantor, for arid in cons ideration of file sum of S 10 . 00. and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells. aliens, re- mises, releases, conveys and confirms unto lite grantee, ail that cerfain land situate in Okeechobee County, Florida, viz: Lots I through 14, inclusive, and Lots 16 through 20, inclu— sive, of Block 60, OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 17 of the Public Records of St. Lucie County, Florida, and a copy of said plat being recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. q -A-f-r-7 -r- FLC)t 4 7. 1511 1 Together will, .11 file lerlements, heredilatnents and appurleruinces lherelo belonging or in any- wise appertaining. To have and to lHoldi lite 'same in fee simple forever. And the grantor hereby cavenarits with said urartlee that Ihe granlor is lawfully seized of said [arid in fee simple; Ifial lite grantor bus good riUhl and latUltil atilhorify to sell arid convey said iand; (flat file gronfor hereby fully warrants lite title (a said (arid ond will defend lite sarne against the lauiftil clairils of all persons tultornsoever: and that said land is free of all enctirnbrances, excv,)l foxes orcming stil'sequent to December 3 1. 19 8 2 FILEO FOR, RECQ1,[) OKEEClloeu. i:f,jjq.l I y. 1-1. Zk. 155284 1983 JUN 29 AM 11: 03 IR 10ittleSS 1911trtflf, lite said grantor has hereunto sei Wffitqdi-a - nd.se,al file day arid year ,lboue written. CLERK OF CIRCUlf cou.Rr sealed nd delivered in our presence: _Z\ .............................. I .......... X "Vq: ...... ................... .... M a r yl � �0�' r .. i&44 �') . 7— .................. ... ........ ............................................................. I ......... 8 LATE 641-f1t;(7RI DA, - COUNTY OF Okeechobee I HEREBY CERTiry that on this day. before lite, -in officer duly auth-i-d in the State f.r,said arid in the County aforesaid lo take ackii—h-d.gatents, I)ersol'.Ily al'I'em'-d MARY HOSTETLER, a single woman to me known to be tire person duscribcd in and -ho executed tire foregoing instrumcrit and she ackno,,h,dqvd 6eforc me that she executed the sanic. R WITNESS iny hand and official seal in the County arid State last aforesaid this 29th day of JUNE A. D. 19 8 3. r 0,% Z. ..... .... ............... Mota Co. T �,;hn�ti�jprrparal by: fleldry Public, s(ale-Ol norial 0i P]h my conunis..i0a Extires I'lly 11, 1986 t:'-W. CONELY, !I1 B-4.d rb.. i,., o_ ....... O� NW 2nd Street .7� F, T TJ R N T WAHARTY Rife #DOM INC IVIDUAL TO COOPORAU04 i!- . RAMCO Fronk! 34 it 1­14 2.56 7his lVarrianty Beed Nw. he 49' W day of AUGUST A. D. IQ 83 by S. M. GOODMAN horrinaffer called the grantor, to UNITED FEED CO-OP, INC. a corporation existing under the laws of the State of Florida with ft# permanent posloffic. o(ldress of Post Office Box 485, Okeechobee, Florida 33472 hereinafter called the grantee: (Wh­"r ..a P.M. 1he th. h,;.. ter.1 and 0.11M "I'd .d thq ever"a" mind -it.. .1 corp-.flom) 10itnesseth: n., the grantor, for and In cd ns Iderallon of the sum of 3 10 . 00 and other valuable consld#r'n lions, receipt whereof is hereby acknowled9fol. hereby grants. bargains, sells. aliens. re- mises, releases, conveys and confirms unto the granite, all that certain land situate in Okeechobee County. Florida, viz: Lot 15, Block 60, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the Public Records of Okee- chobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. The real property conveyed hereby is not the homestead or resi- dence of Grantor, is not contiguous or adjacent to the homestead or residence of Grantor, and no dwelling structures are located thereon. "T 1*1 L. 0 STA[01L, F�y -�FR;;.VrtJ(f1 t.0 -f�, "UG 11-.1. , with .11 the tenements. hereclitaments one[ appurtenances or In any- wise apperlatnIng. To Naue and to Nold, the some In fee Simple forever. End The grantor hereby covenants with sold grantee that the grantor is lawfully seized of said land in to@ simple; that Ike gkantor has good right and lawful authority to sell and convey said Lind, that the grantor hereby fully wnrrants the title to said land and will defend the some against ths "ful claims of all person.- whomsoever; and that sold land Is free of all encumbrancer, except faxes accruing subrequeni to Decem ber 31, 19 8 2 FILED FOR I-,FCnPU OKEECITHIE r. - ff . ff) 11 V,', F I .,. 156590 1983 AUG 29 AM 11: 04 CUF BE CLERK Of CiRculi COUP11' In Witness 10hereof, the sold grantor has hereunto set his hand and seal the Cray and year Itrit above written. Signed I'd 91 d I Vreo lq�ar W S.6 ....................... STATE OF vaciiii=% TENNESSEE COUNTY or ........................................ ............................................................................... I HEREBY CERTIFY that on this day, . before me, an officer duly outhorited in the State aforesaid and In the County aforesaid to take acknowledgm!nu, p'ersonally appeared S- M. GOODMAN to me known to be The person dcscribed in and who executed the foregoing lnstrumcntA.n� ....... ackng.l,dg,d before me that he executed the same. 7 WITNESS my hand and official wail in the County and State last oloret,14 this 48.y of August A.D. ig 83. .0 ---- rzy Notary Public .......... Commission 771& Itulmintitt prrparcd �y: A&Iw TOM W. CONELY, III 207 NW 2nd Street Okeechnhpp, Fin. 11472 (miriTAPY rrAi) Authorized Signat6re Typed Nar�n�e & Title Phone No. Dke 72, ��YW;14 L �� KeA L-,-L- � Authorized SigrAture, Typed Name & Title Phone No. Date AdWO' j 7/_7 -4 7 Z-4 00�- Authorized Sig0jiure Typed Nam & I'Itle Phone No. 'Pate 7ea rY�e��� 1(1,� I At C � I -rI ell,� A -111 7 re 3 -7F4 I -,x-r7 - 0 '-'Authorized Signaturd Typed Name & Title Phone No. Date I ,equireq Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: W. e. (!- 1-4-t ET#, --0 - -77i L, e- L; -TI7 - f43, 74 3.3 IS- �I 2--3-47�4 Authorized Signature Typed Name & Title Phone No. Date I j 7/_7 -4 7 Z-4 00�- Authorized Sig0jiure Typed Nam & I'Itle Phone No. 'Pate 7ea rY�e��� 1(1,� I At C � I -rI ell,� A -111 7 re 3 -7F4 I -,x-r7 - 0 '-'Authorized Signaturd Typed Name & Title Phone No. Date I ,equireq Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: W. e. (!- 1-4-t ET#, --0 - -77i L, e- L; -TI7 - f43, 74 3.3 IS- �I 2--3-47�4 Authorized Signature Typed Name & Title Phone No. Date I 4 Page 3 [ArfLiC -7 0 66 fe, apoRM No comments or objections. PUBLIC WOR DEPART EN 2-6-04 Authorized Signatdre Date ,-�orlzed Signature Date Dxrde Fbberston, Public Works Director 09= a,� , city arjir—x Typed Name & Title Typed Name & Title DmV EiMs, Police ChieE Typed Name & Title o3me*s or cbjections. FIRE D PA IE RTMtNT1"",�"';-'­': ;�n V- Authorized Slgnaturee',� Date Keith Tawy, Fire Chief Typed Name & Title Authorized Sidnature Bill Veach, CLty ktirdstratcr Typed Name & Title �2- - � - Date APPLICATION APPROVED BY: ,4 �0 LANE GAMITOEA, CITY CLERK DATE 0 Revised 413103-1-G ExHIBIT 5 FEBRUARV 17 AGENDA City of Okeechobee Office of the City Clerk & Personnel Administrator Application. for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For: Cl Planning Board/Board of Adjustment/Design Review Board Member C) Alternate Member of the Above Stated Board Code Enforcement Board Member 0 Alternate Member of the Above State Board Please Print. Applicant's Full Name: -r �C-, Street Address: — Mailing Address: J "-,q L Telephone Numbers:"') � 3 -,--) Q & -Xa3-,2'-/0) F6 / - �P-ZL6-� home work beeper mobile Education: Please include Name and Address of school, years attended, date graduated and degree obtaineq, if any. If more space is needed please attach an additional page. Grammar School: High School: University: Other: Describe any skills and background information about yourself that would be helpful to the board wish to serve on. If more space is needed please attach an additional page. q-h-e PTY11.0 Acard ly)-et�-hn� t�nce a- M-,o,-24X , +a ke owl OF-, MIRI =111 NOM M�IWIVM oz-hl 61 0-�Tl 4k-C-fi�-, -!-Iv-e OSO Ct-ge-"O/ 6-'e-L)er-a-I , W CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: February 12, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT — Attorney Cook received a call from the GRIT attorneys. John will be AND GENERAL contacting Attorney Robbins to follow-up on the proposal from GRIT within the next SERVICES few days. As details are finalized, John will be presenting them to the City Council. Industrial Park — Marge Henry will be making a site visit on February 23rd, as a result of our EDTF submittal. Shortly thereafter, we should receive final word on the status of the $1.119 million request. Asa Williams, EDA's Atlanta based administrator, has received infrastructure design submittals from CAS. While minor details are still being exchanged, Mr. Williams has given his approval to go forward with bidding for construction. CAS will submit a preliminary plat to the City Council on February 17 th and request final approval on March 2"d. John Cook has several issues to address in the preparation of the past submittal but feels he can meet this timeline, as well. City Council will also consider the approval of a $41,128 expenditure related to the "Permit for Taking of Gopher Tortoises and Their Burrows". Jim Orth will be present to answer any questions you may have. Right -of -Way Acquisition and Annexation — John Cook reports the Mason right-of- way transaction is complete. Impact Fees — I have submitted the 4 categories selected by the City Council (transportation, storm water, police and fire) to the County and School Board. The County is the last remaining entity to refme their fist (discussion item for February 12 Commission meeting). As soon as they do, the staffs will compose the RFP. �P ADMINISTRATION OUA. — The OUA recently (February 1 01h again revised their rate schedule (effective AND GENERAL March 1, 2004). The new rates (approximately 25% across the board) will impact SERVICES homeowners more heavily and reduce the previous rate hike on businesses. George CONTINUED Long reports that this is probably only a temporary adjustment and the matter will come back later in the year, once more objective study has been completed. George also indicates that another major issue surfacing with the authority is upgrading the wastewater treatment facility. His concern is funding for the project, as the entity already has $30 million in debt service, a high debt for only 8,000 customers. PUBLIC WORKS The RFP for this year's proposed street projects is complete and will be advertised within the next 10 days. Oscar Bermudez has also prepared the engineered drawings for the work to be done with regard to Downtown Redevelopment (parks & sidewalks) and staff is preparing bid documents related to this project. Donnie Robertson continues preparation for the modifications to the 4th Street boat ramp. CODE The Code Enforcement Board has found Marvin Brantley in violation of 7 sections of ENFORCEMENT Chapter 30 ofthe City's Code of Ordinances. They imposed fines ranging from $25 to $50 per day for each offense, some starting immediately and others commencing within the next 60 days. The offenses range from illegally moored boats in Taylor Creek to fencing issues, setbacks and accessibility requirements at his junkyard. FINANCE Staff is working with the auditors in finalizing this year's audit. The major missing component is the financial reports related to pensions, which must be provided by OUA. POLICE The police department has received partial delivery of this year's new cars. They are DEPARTMENT exploring the possibility of modifying next year's fleet request to include a limited number of SLJV's. The department personnel's initial response to 12-hour shifts seems to be quite favorable. DEPARTMUT SYNOPSIS FIRE Chief Torney is finalizing details that will permit the installation of a new repeater DEPARTMENT system for the department's radios. This should enhance communication capabilities I and improve safety for our on scene firefighters. Chief Tomey has raised the issue of possible future increases in the City's ISO rating. The Chief feels very strongly that the City's ISO rating will be increased significantly (to possible maximum levels) when the new Court House becomes operational, if the City does not acquire a ladder truck. This will likely be a discussion for a future City Council meeting. CITY ATTORNEY I The following are included in the items I have asked Attorney Cook to address. I . Legal issues related to the development and sale of land within the City's Industrial Park. 2. Recommendations related to reversionary action in alley closings, etc. 3. Hamrick Trust — John is in discussion with the County Attorney on this matter. 4. Research annexation issues. 5. GRIT issues. 6. LDR issues, such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibility triangles, drainage, sidewalk requirements and street cut/right-of-way resolution. 7. Marvin Brantley's continuing situation. 3 Memorandum February 17, 2004 TO: Adrianna Berry FROM: Donna Reynolds RE: Drivers License & Worker's Compensation Checks I talked to Susan with Public Risk Management and she said these need to be done. Drivers License checks on employees needs to be done once a year thru: State of Florida Dept of Hwy Safety,& Motor Vehicles Attn: Rita Grimes Neil Kirkman Bldg, Room B235 Tallahassee, FL 32399 Workers Compensation checks needs to be done by: Gallagher Bassett Services Inc. P.O. Box 1880 Ft. Myers, FL 33902 Phone #1-800-540-3322 Fax #1-239-334-0857 You might want to check with Gallagher to confirm the address. CITY OF OKEECHOBEE OMICE OF 7WE C17Y CLEW & PtRSONNE- RECORDS RESEARCH ANDIOR REQUEST FORM CIRESEARCH REQUEST OORDINANCE ORESOLUTION OEASEMENT CIDEED OENCROACHMENT 1 Momp PLAN/AMENQMENT OOTHER Nde 0 OAGREEMENT OMINUTES (BOARD: CISTREETALLEY CIPERSONNEL FILE OREZONING Ordirahep-s . . . . . . . . . . pig BY: DATE: )oq BY: DATE: BY: DATE: