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2005-02-15 Regular Meeting
18F CITY OF OKEECHOBEE FEBRUARY 15, 2005 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor: February 15, 2005 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Pastor Sally Bull of Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings IV. MINUTES - City Clerk. COUNCILA Mayor Kirk called the February 15, 2005 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Sally Bull of Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present PAGE 1 OF 6 A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summa7/ of Council Action for the Council Action for the February 1, 2005 Regular Meeting. III February 1, 2005 Regular Meeting; seconded by Council Member Williams. There was no d;scussion on this item. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 1 FEBRUARY 15, 2005 -REGULAR MEETING - PAGE 2 OF 6 187 COUNCIL ACTION- DISCUSSION -VOTE'' V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. Council agenda. Member Williams requested to add New Business item "G". VI. NEW BUSINESS. A. 1. a) Motion to read by title only and set March 1, 2005 as a final public Council Member Watford moved to read by title only and set March 1, 2005 as a final public hearing date for proposed hearing date for proposed Ordinance No. 880 pertaining to the Florida Ordinance No. 880 pertaining to the Florida Power & Light Franchise Agreement; seconded by Council Member Power & Light Franchise Agreement - City Attorney (Exhibit 1). Markham. b) Vote on motion to read by title only and set public hearing date. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 880 by title only. Attorney Cook read proposed Ordinance No. 880 by title only as follows: "AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONSAND CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLYPAYMENTS TO THE CITY OF OKEECHOBEE, AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 880. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 880; seconded by Council Member Williams. b) Public comments and discussion. c) Vote on motion. Mayor Kirk asked whether there were any comments from the public. There were none. Attorney Jay Molyneaux representing FP& L was present to address various questions from the Council. VOTE KIRK - YEA CHANDLER -YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. 188 FEBRUARY 15, 2005 - REGULAR MEETING - PAGE 3 OF 6 VI. NEW BUSINESS CONTINUED, B. Motion to adopt Resolution No. 05-02 pertaining to support of the Council Member Watford made a motion to adopt proposed Resolution No. 05-02 pertaining to support of the League League of Cities Legislative Agenda - City Administrator (Exhibit 2). of Cities Legislative Agenda; seconded by Council Member Markham. There was a brief discussion on this item. Attorney Cook read proposed Resolution No. 05-02 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION." VOTE KIRK - YEA CHANDLER - YEA MARKHAM-YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. C. Consider Street and Alley Closing Application No. 74, submitted by Street and Alley closing Application no. 74 was submitted by First Baptist Church of Okeechobee. The request is to First Baptist Church, closing SW 51h Street between 41h and 5" close the alley running east to west in Block 194 and a portion of Southwest 5th Street between 4m and 5`h Avenue. Avenues and the alleyway in Block 194, City of Okeechobee - City The purpose of the closings as stated on the application is for future expansion of Church facilities, covered drive -up Clerk (Exhibit 3). or canopy into or up to the alley so as to allow Church members better access to Church facilities during inclement weather, and parking. Florida Power and Light and Okeechobee Utility Authority are the only utility companies requiring easements. The only objection made by City Staff was Engineer Bermudez due to the southwest section having critical drainage problems and the City may need these facilities for future problems. Council Member Watford moved to instruct Attorney Cook to draft the necessary ordinance closing the Street and Alley pertaining to Application No. 74, submitted by First Baptist Church, closing Southwest 5e, Street between 4m and 5a, Avenues and the alleyway in Block 194, City of Okeechobee; seconded by Council Member Markham. Mayor Kirk stated he would reserve his questions and comments for the first reading. Council Member Watford added that he had questions and would also wait until the first reading. 1 r FEBRUARY 15, 2005 - REGULAR MEETING - PAGE 4 OF 6 189 VI. NEW BUSINESS CONTINUED. C. Consider Street and Alley Closing Application No. 74, submitted by VOTE First Baptist Church, closing SW 5" Street between 4'h and 5" KIRK -YEA Avenues and the alleyway in Block 194, City of Okeechobee CHANDLER - YEA continued. MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. D. Consider appointments to the OUA Board - City Clerk (Exhibit 4). Clerk Gamiotea provided in Exhibit Fourthe information pertaining to the city's appointed members to the Okeechobee Utility Authority Board (OUA). Applications were received by Frank Irby, George Long and James Dean Vaughn. Mr. Long is currently the regular appointed member and Mr. Irby is the alternate. There are two positions available for appointment, one four year regular member and one two year alternate member. Council Member Markham moved to appoint Frank Irby as the four-year term regular member for the City; seconded by Council Member Chandler. Mayor Kirk strongly urged the Council to re -appoint Mr. Long as the regular member. Explaining further that they are both good people but Mr. Long has proven himself and done a wonderful job. He has been a strong representative and has a background in fire and an understanding of water flow. The next few years are going to be critical for the OUA and our community. Mr. Long and Mr. Irby have done a tremendous job for the City and should stay on the Board. Council Member Watford added that all three applicants were good people and have experience that would be helpful. However, he agreed with Mayor Kirk, that Mr. Long, as County Administrator, has access to resources thatthe average citizen does not know about or think about. If we make the change now we may lose some of the progress that we have made. VOTE KIRK - NO CHANDLER - NO MARKHAM - NO WATFORD -NO L. WILLIAMS - NO MOTION DENIED. Council Member Chandler moved to appoint George Long as the four year term regular member on the QUA Board for the City; seconded by Council Member Watford. 190 FEBRUARY 15, 2005 - REGULAR MEETING - PAGE 5 OF 6 AGENDA . ; COUNCIL ACTION -DISCUSSION - VOTE VI. NEW BUSINESS CONTINUED. D. Consider appointments to the OUA Board continued E. Consider waiving a performance bond for a bid project pertaining to the baffle box at the boat ramp, submitted by J & R Construction, LLC - City Attorney. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Council Member Markham moved to appoint Frank Irby as the two year term alternate member on the QUA Board for the City: seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER -YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. The City advertised for a bid to install a baffle box at the Southeast 4" Street Boat Ramp. This is the final portion of the joint project with the Department of Environmental Protection (DEP). Attorney Cook advised that the City only received one bid for this project. The bidder has not been in business enough years to qualify for a performance bond. Florida Statutes allow the City to waive the performance bond on projects under two hundred thousand dollars ($200,000.00). Waiving the bond was the initial request from Staff. However, since the bid is higher than what DEP has allotted funds for, Public Works Director Robertson has scheduled a meeting with DEP officials to ascertain whether the project can be amended to reduce the cost or whether they will allocate additional funds to cover the entire project as it was bid. Depending on DEP's response, waiving the bond might be a mute issue, since we do not know whether DEP will approve the bidder or revise the project. However, Staff is requesting the Council go ahead and consider waiving the performance bond, then the City can move forward without having to bring it back to Council for further consideration, regardless of what DEP's decision is. Council Member Watford moved to waive a performance bond for a bid project pertaining to the baffle box at the boat ramp, submitted by J & R Construction provided staff finds other means of project, subject to DEP approval; seconded by Council Member Markham. Council Member Watford stated that City Staff should proceed with caution. 191 1 FEBRUARY 15, 2005 - REGULAR MEETING - PAGE 6 OF 6 ..... AGENDA . COUNCIL ACTION - DISCUSSION:= VOTE �= VI. NEW BUSINESS CONTINUED. E. Consider waiving a performance bond for a bid project pertaining to the baffle box at the boat ramp, submitted by J & R Construction, LLC continued. F. Discussion pertaining to the removal of tree trunks and other property wastes due to the hurricanes - Anita Nunez (Exhibit 5). G. Item added to agenda. Update on the Main Street Banners - Council Member L. Williams. VII. ADJOURN MEETING - Mayor. Please take notice and ¢p advised that if a person decides to appeal any decision made by the City Council with respect to'anymatterconsidered at this meeting, he/she may need to insure that a verbatim reco►d of the proceeding is made, which record inchrdes the testi and evidence upon which the appeal is to be based. City Clerk tapes are for the solepurpose o► kup io official records of the Clerk ATTEST: James E. Kirk, Mayor 1`L610 KIRK - YEA CHANDLER -YEA MARKHAM - YEA Watford - YEA L. Williams -YEA Motion Carried. Mr. Tom Murphy was present on behalf of Anita Nunez explaining that the Nunez's have been working on cleaning their properties ever since the Hurricanes. On one particular property they had five large oak trees that were damaged. All the debris was picked up by the FEMA Disaster Assistance Trucks except for the tree trunks. The City Code Enforcement Office has now issued them a citation for violation of the beautification code. The Nunez's are requesting assistance with the removal of the tree stumps. Council questioned whether the tree stumps were placed out for pickup prior to the deadline from the Disaster Assistance? Mr. Murphy responded that he could not state that they were but that he was under the impression that they were. He also stated further that there are other property owners that have the same situation. Discussion ensued. Administrator Veach was instructed to research with Craig A. Smith and Associated as to whether or not there any funding mechanisms to assist private owners that have this type of problem. Council Member Williams displayed one of the banners from the Okeechobee Main Street Banner Project. They have twenty banners that will be displayed in the Main Street District and each one has a different historic picture of Okeechobee. The guidelines, as requested by Council at the January 18, 2005 meeting are available and will be forwarded to the City. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRKADJOURNED THE MEETING AT 7:04 P.M. The next regularly scheduled meeting is March 1, 2005. , City AFFIDAVIT OF PUBLISHER OKEECHOBEE TIMES 106 S.E. Sth St., Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared James A. Hughes, Jr., 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 City Council Meeting Notice PO #12686 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the was published in said newspaper in the issues of 0211 V2005ourt, 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. James A. Hughes, Jr., (Publisher) Sworn to and subscribed before me ti this _ /0 WL day of A.D. 2005 (SEAL) Notary Public , Rosealee A. Brennan Commission #DD318483 Expires: Jun 25 2008 Bonded T Ira Atlantic Bonding Co., Inc. FEB g 1005 NOTICE OF CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee City Council will meet in Regular Session on Tuesday, February 15, 2005, 6:00pm, City Hall, 55 SE 3rd Ave., Rtn 200,-Okeechobee, Florida. The public is in- vited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 s 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- peal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need u' record of the proceedings, andfor such pur- pose may need to ensure a verbatim record of the proceedings is made, which record in- cludes the testimony and evidence upon which the appeal is to be based. Tapes are used for the sole purpose of back-up for the Clerk's I Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial acconanodation to participate in this pro. ceeding should contact Lane Gamiotea, no I., than two (2) working days prior to the proceeding at 863-763.3372 s 214; if you are hearing or voice impaired, call TDD 1.800- 222-3448 (voice) or 1-888-447-5620 (TYY). LANE GAMIQTEA, CMC, City Clerk PUBLISH 0240/2005 OKEECHOBEE TIMES 0 • Page -1- Tape 1 side A CITY OF OKEECHOBEE - February 15, 2005 - REGULAR CITY COUNCI HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: II. OPENING CEREMONIES: Invocation given by Pastor Sally Bull, 0 Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook City Administrator Bill L. Veach Clerk Lane Gamiotea Deputy Clerk Melisa Eddings IV. MINUTES - City Clerk. n A. Council Membermoved to dispense Summary of Council Action for the February 1, 2005 Regular Meetir VOTE YEA NAY ABSTAIN ABSENT KIRK I It CHANDLER MARKHAM WATFORD L. WILLIAM�- - MOTION: CARRIED. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on toda VII. NEW BUSINESS. A. 1. a) Council Member ,d1t XA (k— moved to read by ti a final public hearing dat or proposed Ordinance No. 880 pertai Franchise Agreement - City Attorney (Exhibit 1); seconded by Coi b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK I CHANDLER MARKHAM WATFORD MOTION: L MEETING- hobee Presbyterian Church; Absent ith the reading and approve the ; seconded by Council Member agenda. e only and set March 1, 2005 as ing to the FI rida Power & Light icil Member c) Attorney Cook read proposed Ordinance No. 880 by title only GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUC ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDI PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF OK FOR AN EFFECTIVE DATE." 2. a) Council Member moved to a rove the first No. 880; seconded by Council Member b l ,u1�t-'� b) Discussion. Rij ,JV4 -,�'-4 (Wbof) c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIA --u",-, MOTION:CARRIED) • Page -2- follows: "AN ORDINANCE SSORS AND ASSIGNS, AN INS RELATING THERETO, 'HOBEE. AND PROVIDING ing of proposed Ordinance G Vz t • Page -3- B. Council Member � moved to adopt propo: to support of the League of Cities Legislative Agenda - City Admi Council Membe�z/6 t � Attorney Cook read Resolution No. 05-02 by title only as follows: "A OKEECHOBEE, URGING MEMBERS OF THE FLORIDA LEGISLATURE GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE 4 CC r VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIArAkRiED. MOTION: C. Resolution No. 05-02 pertaining Irator (Exhibit 2); seconded by OF THE CITY OF SUPPORT THE FOLLOWING da Consider Street and Alley Closing Application No. 74, submitted by First Baptist Church, closing SW 5t' Street between 41h and 5`h Avenues and the alleyway in Block 194, City of Okeechobee - City Clerk (Exhibit 3). Council Member moved to approve the Street arid Alley Closing as submitted in Application No. 74, by First Baptist Church, closing SW 5'h Street between 4`h and 51h Avenues and the alleyway in Block 194, City of Okeechobee; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: RRIED 0 . Page -4- D. Consider appointments to the OUA Board - City Clerk (Exhibit 4). The vacancies are a four-year regular voting member and a two-year alterr ate member. Frank Irby (currently holds the alternate member position) George Long (currently holds the regular member position) James Dean Vaughn VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER X MARKHAM X WATFORD L. WILLIAMS MOTION: CARRIED. ./%(' X-c�¢� ��� �l✓ �, �� t:L-1� � a-LL�� Cti �j�/� G�� �-��Q�l��Gv%� E. Consider waiving a performance bond for a bid project pertaining to the baffle box at the boat ramp, submitted by J & R Construction, LLC - City Attorney. Council Member d2tl2, moved to waive a performance bond for a bid project pertaining to the baffle box at th boat ramp, submitted by J & R Construction; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT2� KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: C RRIED ......... � . 9 i -74 E 11 ?1--tt 12� cG� 0-2C Le- 0 I 0 1I ikv vee x P"J V-f /n V-jz- t,(� /e tc"r, e C) z - , 61 � zfi .14 0 • Page -5- F. Discussion pertaining to the removal of tree trunks and other property wastes due to the hurricanes - Anita Nunez (Exhibit 5). Xt 4lt-j el Ale L�/jam wa -d ,:,C /P 4e, bl�� GU.exX7/� G �..""`--. eft-��1/LL ..1� y��• � �iyyL-� I��� ���%f� �/ ��� �o VII. MAYOR KIRK ADJOURNED Tfi MEETING at 0 • Tape 1 side A CITY OF OKEECHOBEE - February 15, 2005 - REGULAR CITY COU HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Ki II. OPENING CEREMONIES: Invocation given by Pastor Sally Bull, Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Lydia Jean Williams City Attorney John R. Cook City Administrator Bill L. Veach Clerk Lane Gamiotea Deputy Clerk Melisa Eddings X X X X X X X X X IV. MINUTES - City Clerk. A. Council Member Chandler to dispense with the reading and apprm for the February 1, 2005 Regular Meeting; seconded by Council discussion on this item. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED, V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on mainstreet banners by L. Williams. VII. NEW BUSINESS. A. 1. a) Council Member Watford moved to read by title only and set March date for proposed Ordinance No. 880 pertaining to the Florida Powe City Attorney (Exhibit 1); seconded by Council Member Markham. b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C) Attorney Cook read proposed Ordinance No. 880 by title only Page .1- :IL MEETING - bee Presbyterian Church; Absent the Summary of Council Action amber Williams. There was no s agenda. Add update on I, 2005 as a final public hearing & Light Franchise Agreement - follows: "AN ORDINANCE Page -2- GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CON TIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF OKEECHOBEE, AND PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member Markham moved to approve the first reading Of proposed Ordinance No. 880; seconded by Council Member Williams. b) Discussion. None from the public. Council discussion started with Watford, 30 years standard time frame fort is type of franchise? Cook last one 4 was 1979 rd even with all these things that are being deregulated. Page 3, section 6, grantor agrees to (Jay ? ? alone? . , FPL attorney,) not become a power company? Correct, provided we are allowed to meet or beat a ee's sent to you by other companies they may want to compete, Page 3, section 6, "Nothing herein shall prohibit the grantor...." since what your looking for is lower elec ric or more for your money, allows us to stay and beat the competition. Watford, and that doesn't conflict with what is in a above? No sir. Watford, so you are saying that section 6 says the city cannot go out and buy a utility company for the city and run it ourselves. Jan - that is correct. Markham, 30 years is standard or ? 170 agreements, unaware of any less than 30 years, decided on along time ago because if you were a electric company starting, the money borrowed to start the company is 30 years, benefits the city because it allow bondable revenue stream for your citizens. C) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. B. Council Member Watford made a motion to adopt proposed Resoluti n No. 05-02 pertaining to support of the League of Cities Legislative Agenda - City Administrator ( hibit 2); seconded by Council Member Markham. Attorney Cook read proposed Resolution No. 05-02 by title only as follows: `A RESOLUTION OF THE CITY OF OKEECHOBEE, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LE ft7ISLATIVE SESSION." Watford, last TCCLG meeting, there was some letter from FLC asking all cil send out, I assumed it was the one that supports the whole booklet of the Kirk, last paragraph, saying were not supporting anything that would comprehensive plan. Watford, apologize that I don't have more information. Veach, this is the resolution that came with the letter from FLC. This is the resolution that the FLC is requested, office needs to this by a cei VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. support the FLC resolution and C legislative agenda. be funded that is not in our date. Page -3- C. Consider Street and Alley Closing Application No. 74, submitted by First Baptist Church, closing SW 5" Street between 4" and 5tn Avenues and the alleyway in Block 194, City of Okeechobee - City Clerk (Exhibit 3). Council Member Watford moved to instruct the attorney to draft the necessary ordinance closing the Street and Alley pertaining to Application No. 74, submitted by First Baptist Church, closing SW 5th Street between 4" and 5" Avenues and the alleyway in Block 194, City of Okeechobee; seconded by Council Member Markham. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. D. Consider appointments to the OUA Board - City Clerk (Exhibit 4). Council Member Markham moved to appoint Frank Irby as the 4 year term regular member for the City; second by Council Member Chandler. Kirk, think we got George Long done a tremendous job for us, kept us upda ed, strong voice for the city, urge you to put him back on there, not that Frank would not be but GeorgE has proven himself. Markham, sometimes you have to change people, see a different light, alternate can c iscuss, not vote, new personality on there. Kirk, think background in fire, understanding on flow of water, ha a to lose him, especially at such a critical time, reservations for sewer have been stopped, this is a critial time with the OUA, both good people, takes a while to get up to speed for awhile. Watford, 3 good people here, new one looks to have good experience that would be helpful on there, memory serves me correctly I spoke against Long being on there with conflict with him being county administrator, looking at situation when we've had our workshops, advantage there now, as county administrator he has resources or access to them that the average citizen does not know about, think if we make the change now we may lose or take a chance of losing with some of the support, well maybe we wouldn't we, they are under same pressure we are in solving the issues, haven't attended any of their meetings, didn't think it was my place, and Frank would no doubt be a wonderful member on there, tend to agree with the Mayor on this one, don't know if you want to be changing horses at this time. Chandler, two good people, Frank takes Georges place when he is not there, has been good on there and has been shot down, second for discussion, think we need to keep both in there, George has contacts also that we need. Kirk we are not overlooking Frank at all, just as the alternate. Vote: all no. Motion Denied. Chandler/Watford Long as 4 year member. Vote all yea. Motion Carried. Markham/Chandler Irby as 2 year alternate member. Vote all yea. Motion C The vacancies are a four-year regular voting member and a two-year altern holds the alternate member position). George Long (currently holds the regu Vaughn VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED, E. Consider waiving a performance bond for a bid project pertaining to submitted by J & R Construction, LLC - City Attorney. member. Frank Irby (currently member position). James Dean baffle box at the boat ramp, 0 E Cook, FS provides any contract under $200,000, sole bidder last Thursday mandatory pre bid conference, some references from other jobs, done g years to qualify for performance bond, bid a lot higher than what the stat suggest, and financial needs to substitue to protect the city, award bid, Tina meeting Thursday with DOT, see if something city staff can do or amend pl bidder is here, we have 45 days to award the bid, can extend if we need tc state to see what the state people can come up with to see if staff can d waive bond, etc. we have the right to do. Page -4- , people interested, failed to attend uod work, not in business enough funding amount was allowed for, ;ial package to protect city, Donnie ins to reduce costs of the projects, just learned Donnie meeting with or if it can be reduced. Ability to Veach, project DEP requiring but they are paying for, that is why the la between, they ahve to approve anything we award, solve this bond issue and then they have to come ba k and tell us the price is to high or whatever. Watford, don't know all the particulars here but seems like we could go ahead and make that decision, if he cna't get a performance bond, and if DEP only approves, Veach, it may or may not have to come, DEP has already indicated bid is o high. Kirk, agree, go ahead and have it on there if it go on and move ahead. We can protect ourselves. Jerry Miller, J & R Construction. I can put up the cashier's check for the amount of the project just cannot be backed by an agencies Council Member Watford moved to waive a performance bond for a bid project pertaining to the baffle box at the boat ramp, submitted by J & R Construction provided staff finds other means of project, subject to DEP approval; seconded by Council Member Markham. Watford, Caution staff to protect the city in this. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. F. Discussion pertaining to the removal of tree trunks and other prope wastes due to the hurricanes - Anita Nunez (Exhibit 5). Tom Murphy on behalf of Anita Nunez. The Nunez's have been working on cleaning their properties eversince the hurricanes. They had 5 large oak tree's fall on this project, they put items out, everything was picked up except the tree trunks. The city sent them a code violation notice. We would like some consideration for picking these tree trunks up along with other citizens that have the same problem. Markham, code citied? Yes, went to CEB and they tabled it until we could cor The waste management clam shell will not pick these up. Markham, these those up. Murphy, yes, but there are a lot of people in the same problem, to r Murphy, they tried to get everything out there and tried to keep the roads cl, $40,000 than their insurance, this is going to be an on -going problem for resolved it for the whole community. Markham, don't know how we can open it back up to pick up. Murphy Markham, had a tree, had to cut it up, bring in a front end loader. Kirk, what work is done was by contractor and then reimbursed by FEMA, we goal round and didn't they go out and mark and came back to pick it up. Dom Williams, how many others have been cited? to you and ask for assistance. II be Nunez's problem to pick uest us to pick up trash again. *ed, they already spent above e community, think we could is with these larger stumps. a deadline, but on the final Veach yes. 0 0 Jim Byrd, several we are working on and these are very large, about a they are cutting them up and putting them out, if they are cut up % receiving waste management services they will pick them up, but the i with. Watford, CAS items they are working on? Veach city public property, not if they are aware of any funding mechanisms available to the city to ass Kirk, don't think we are in position to go back out and pick up. Watford, unfortunately there was a deadline and now 2 months later we unless there is some fema money to take care of them Page -5- Most citizens are responding and management size and they are on Nunez are to large to do that vate, Watford, could we ask them private owners. trying to back up don't know how Cook, can ask CEB to extend deadline for them to research the availablity ifunds or for them to be able work on it. Watford was told that the county was not going to cite code enforcement is ues for up to 1 year on hurricane related issues. Don't know if that is true or not and we might want to ask o r code enforcement do the same. Veach will call CAS and let Tom know if there is some money. If not then Murphy, Nunez will do all they can and cooperate in the city. They have G. Update on Main Street Banners - Council Member Williams. Got the first one in, for everyone to see. 20 banners, both sides, historic Do have the guidelines and we'll bring those over. VII. MAYOR KIRK ADJOURNED THE MEETING AT 7:04 P.M. back to code board. n helped their neighbors. different, CITY OF OKEECHOBEE FEBRUARY 15, 2005 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA I. CALL TO ORDER - Mayor: February 15, 2005 City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation given by Pastor Sally Bull, Okeechobee Presbyterian Church; Pledge of Allegiance led by Mayor. 0 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 Lydia Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea A. Motion to dispense with the reading and approve the Summary of Council Action for the February 1, 2005 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 2 FEBRUARY 15, 2005 - CITY COUNCIL AGENDA - PAGE 2 OF 2 VI. NEW BUSINESS. A.1.a) Motion to read by title only and set March 1, 2005 as a final public hearing date for proposed Ordinance No. 880 pertaining to the Florida Power & Light Franchise Agreement - City Attorney (Exhibit 1). b) Vote on motion to read by title only and set public healing date. • c) City Attorney to read proposed Ordinance No. 880 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 880. b) Public comments and discussion. c) Vote on motion. B. Motion to adopt Resolution No. 05-02 pertaining to support of the League of Cities Legislative Agenda - City Administrator (Exhibit 2). C. Consider Street and Alley Closing Application No. 74, submitted by First Baptist Church, closing SW V1 Street between 4t' and 51" Avenues and the alleyway in Block 194, City of Okeechobee - City Clerk (Exhibit 3). D. Consider appointments to the OUA Board - City Clerk (Exhibit 4). E. Consider waiving a performance bond for a bid project pertaining to the baffle box atthe boat ramp, submitted by i & K Construction, LLC - City Attorney. F. Discussion pertaining to the removal of tree trunks and other property wastes due to the hurricanes - Anita Nunez (Exhibit 5). VII. 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 purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. EXHIBIT 1 • FEBRUARY 15, 2005 ORDINANCE NO. 880 AN ORDINANCE GRANTING TO FLORIDA POW COMPANY, ITS SUCCESSORS AND ASSIGNS, FRANCHISE, IMPOSING PROVISIONS AND RELATING THERETO, PROVIDING FOR MONTHLY THE CITY OF OKEECHOBEE, AND PROVIDI EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Flc Okeechobee and its citizens need and desire the conti and WHEREAS, the provision of such service requires substantial in resources in order to construct, maintain and operate faci of such service in addition to costly administrative Okeechobee does not desire to undertake to provide si WHEREAS, Florida Power & Light Company (FPL) is a demonstrated ability to supply such services; and IER & LIGHT 1N ELECTRIC CONDITIONS PAYMENTS TO JG FOR AN recognizes that the City of benefits of electric service; of capital and other es essential to the provision unctions, and the City of h services; and is utility which has the WHEREAS, there is currently in effect a franchise agreement betm een the City of Okeechobee and FPL, the terms of which are set forth in City of Okeechobee Ordinance No. 376, passed and adopted August 5, 1975, and FPL's writteF i acceptance thereof dated August 27, 1975 granting to FPL, its successors and assi ns, a thirty (30) year electric franchise ("Current Franchise Agreement'); and WHEREAS, FPL and the City of Okeechobee desire to enter into a new agreement (New Franchise Agreement) providing for the payment of fees t the City of Okeechobee in exchange for the nonexclusive right and privilege of supplying electricity and other services within the City of Okeechobee free of competition from the City of Okeechobee, pursuant to certain terms and conditions, and WHEREAS, the City Council of the City of Okeechobee deems it to be in the best interest of the City of Okeechobee and its citizens to enter into the New Franchise Agreement prior to expiration of the Current Franchise Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OKEECHOBEE, FLORIDA: Section 1. There is hereby granted to Florida Power & Lic and assigns (hereinafter called the "Grantee"), for the I effective date hereof, the nonexclusive right, privilege and "franchise") to construct, operate and maintain in, under, L the present and future roads, streets, alleys, bridges, ea other public places (hereinafter called "public rights -of incorporated areas, as such incorporated areas may be c of the City of Okeechobee, Florida, and its success "Grantor"), in accordance with the Grantee's customa construction and maintenance, electric light and power limitation, conduits, poles, wires, transmission and dish facilities installed in conjunction with or ancillary to all c (hereinafter called "facilities"), forthe purpose of supplying to the Grantor and its successors, the inhabitants therec limits thereof. OF THE CITY OF t Company, its successors riod of 30 years from the inchise (hereinafter called )n, along, over and across ,ments, rights -of -way and ay") throughout all of the istituted from time to time, s (hereinafter called the practice with respect to cilities, including, without ution lines, and all other the Grantee's operations ,Ictricity and other services and persons beyond the • E Section 2. The facilities of the Grantee shall be installe to not unreasonably interfere with traffic over the public rig egress from and ingress to abutting property. To avoid co or relocation of all facilities shall be made as represer prescribe in accordance with the Grantor's reasonable reference to the placing and maintaining in, under, upon, public rights -of -way; provided, however, that such rule( prohibit the exercise of the Grantee's right to use said pul other than unreasonable interference with motor vet unreasonably interfere with the Grantee's ability to fL adequate and efficient electric service to all of its custom the relocation of any of the Grantee's facilities installed bet hereof in public rights -of -way unless or until widening configuration of the paved portion of any public right -of - causes such installed facilities to unreasonably interfere Such rules and regulations shall recognize that above-gi installed after the effective date hereof should be installE of the public rights -of -way to the extent possible. When ai way is excavated by the Grantee in the location or relocal portion of the public right-of-way so excavated shall % replaced by the Grantee at its expense and in as good o of such excavation. The Grantor shall not be liable to expense in connection with any relocation of the Grant( subsection (c) of this Section, except, however, the C reimbursement of its costs from others and as may be pr Section 3. The Grantor shall in no way be liable or re; damage that may occur in the construction, operation or of its facilities hereunder, and the acceptance of this or agreement on the part of the Grantee to indemnify the against any and all liability, loss, cost, damage or expe Grantor by reason of the negligence, default or miscc construction, operation or maintenance of its facilities hi Section 4. All rates and rules and regulations establi time shall be subject to such regulation as may be pi Section 5. As a consideration for this franchise, the Gra commencing 60 days after the effective date hereof, and remainder of the term of this franchise, an amount whic licenses, excises, fees, charges and other impositions of ad valorem property taxes and non -ad valorem tax asses: imposed by the Grantor against the Grantee's property, those of its subsidiaries during the Grantee's monthly billir to each such payment will equal 5.9 percent of the Gn actual write-offs, from the sale of electrical energy to industrial customers (as such customers are defined incorporated areas of the Grantor for the monthly billing p each such payment, and in no event shall payment for the herein exceed 5.9 percent of such revenues for any r Grantee. The Grantor understands and agrees that such revenues paragraph are limited, as in the existing franchise Ordinc, revenues described therein, and that such revenues do nc and not limitation: (a) revenues from the sale of electrical Highway Lighting (service for lighting public ways and are; Sales to Public Authorities (service with eligibility restricts E 1, located or relocated so as its -of -way or with reasonable rflicts with traffic, the location tatives of the Grantor may rules and regulations with along, over and across said or regulations (a) shall not 4ic rights -of -way for reasons icular traffic, (b) shall not mish reasonably sufficient, )rs, and (c) shall not require ire or after the effective date or otherwise changing the vay used by motor vehicles with motor vehicular traffic. ade facilities of the Grantee J near the outer boundaries y portion of a public right -of - on of any of its facilities, the thin a reasonable time be indition as it was at the time he Grantee for any cost or e's facilities required under rantee shall be entitled to )vided by law. for any accident or nce by the Grantee nance shall be deemed an 'antor and hold it harmless ,e which may accrue to the tuct of the Grantee in the by the Grantee from time to --d by law. tee shall pay to the Grantor, ach month thereafter for the i added to the amount of all my kind whatsoever (except ments on property) levied or business or operations and 1 period ending 60 days prior itee's billed revenues, less esidential, commercial and by FPL's tariff) within the >riod ending 60 days prior to ights and privileges granted ionthly billing period of the described in the preceding ice No. 376, to the precise include, byway of example nergy for Public Street and s); (b) revenues from Other I to governmental entities); • u (c) revenues from Sales to Railroads and Railways (sery electric transit vehicles); (d) revenues from Sales for Re for resale purposes); (e) franchise fees; (f) Late Payment Charges; (h) other service charges. Section 6. As a further consideration, during the term of tl thereof, the Grantor agrees: (a) not to engage in th4 competition with the Grantee, of electric capacity and/or E consumer of electric utility service (herein called a "retail i distribution system established solely to serve any retail the Grantee, (b) not to participate in any proceeding or purpose or terms of which would be to obligate the Grante electric capacity and/or electric energy from any third customers facility(ies), and (c) not to seek to have I distribute electric capacity and/or electric energy gene Grantor at one location to the Grantors facility(ies) at ar specified herein shall prohibit the Grantor from engaging in wholesale transactions which are subject to the provisil ....Nothing herein shall prohibit the Grantor, if permitted by la capacity and/or electric energy from any other person, of Grantee transmit and/or distribute to any facility(ies) of and/or electric energy purchased by the Grantor from however, that before the Grantor elects to purchase ele energy from any other person, the Grantor shall notify thi include a summary of the specific rates, terms and conditi by the other person and identify the Grantors facilities i The Grantee shall thereafter have 90 days to evaluate offers rates, terms and conditions which are equal to or tx other person, the Grantor shall be obligated to continue t electric capacity and/or electric energy to serve the previc Grantor for a term no shorter than that offered by the other not agree to rates, terms and conditions which equal or b all of the terms and conditions of this franchise shall rerr Section 7. If the Grantor grants a right, privilege or fran otherwise enables any other such person to construct, op and power facilities within any part of the incorporated are Grantee may lawfully serve or compete on terms and o determines are more favorable than the terms and con( Grantee may at any time thereafter terminate this franchis( are not remedied within the time period provided hereafte Grantor at least 60 days advance written notice of its inte shall, without prejudice to any of the rights reserved for th Grantor of such terms and conditions that it considers rr shall then have 60 days in which to correct or others conditions complained of by the Grantee. If the Grantee d conditions are not remedied by the Grantor within said ti terminate this franchise agreement by delivering written and termination shall be effective on the date of delivery Section 8. If as a direct or indirect consequence of any I, action by the United States of America or the State of agency, authority, instrumentality or political subdivision is permitted to provide electric service within the incorpe a customer then being served by the Grantee, or to a service within any part of the incorporated areas of the ( may lawfully serve, and the Grantee determines that i otherwise resulting from this franchise in respect to rat 3 supplied for propulsion of (service to other utilities arges; (g) Field Collection is franchise or any extension distribution and/or sale, in ectric energy to any ultimate .istomer") or to any electrical ;ustomer formerly served by ontractual arrangement, the to transmit and/or distribute, iarty(ies) to any other retail ie Grantee transmit and/or ated by or on behalf of the f other location(s). Nothing vith other utilities or persons ns of the Federal Power Act. r, (i) from purchasing electric (ii) from seeking to have the he Grantor electric capacity my other person; provided, ctric capacity and/or electric Grantee. Such notice shall )ns which have been offered be served under the offer. he offer and, if the Grantee ter than those offered by the purchase from the Grantee isly-identified facilities of the person. If the Grantee does tter the other person's offer, Sin in effect. :hise to any other person or rate or maintain electric light is of the Grantor in which the nditions which the Grantee itions contained herein, the if such terms and conditions The Grantee shall give the it to terminate. Such notice Grantee herein, advise the ire favorable. The Grantor rise remedy the terms and .termines that such terms or ne period, the Grantee may iotice to the Grantors Clerk :)f such notice. islative, regulatory or other orida (or any department, either of them) any person red areas of the Grantor to new applicant for electric 3ntor in which the Grantee obligations hereunder, or and service, place it at a • competitive disadvantage with respect to such other per time after the taking of such action, terminate this fi disadvantage is not remedied within the time period pros shall give the Grantor at least 90 days advance written n Such notice shall, without prejudice to any of the rights re, - advise the Grantor of the consequences of such a competitive disadvantage. The Grantor shall then have otherwise remedy the competitive disadvantage. If such not remedied by the Grantor within said time period, the franchise agreement by delivering written notice to the Gi shall take effect on the date of delivery of such notice. Section 9. Failure on the part of the Grantee to comply i any of the provisions of this franchise shall be grounc forfeiture shall take effect if the reasonableness or propri Grantee until there is final determination (after the expirc, of appeal) by a court of competent jurisdiction that the G a substantial respect with any of the provisions of this fre have six months after such final determination to mal forfeiture shall result with the right of the Grantor at additional time to the Grantee for compliance as neces .on, the Grantee may, at any inchise if such competitive ded hereafter. The Grantee tice of its intent to terminate. srved for the Grantee herein, .tion which resulted in the 0 days in which to correct or competitive disadvantage is Grantee may terminate this antor's Clerk and termination any substantial respect with for forfeiture, but no such y thereof is protested by the an or exhaustion of all rights intee has failed to comply in :,hire, and the Grantee shall good the default before a rs discretion to grant such ies in the case require. Section 10. Failure on the part of the Grantor to comply in substantial respect with any of the provisions of this ordinance, including but not limited to: (a) denying the Grantee use of public rights -of -way for reasons other than unreasonable interference with motor vehicular traffic; (b) imposing conditions for use of public rights -of --way contrary to Florida law or the terms and conditions of this franchis ; (c) unreasonable delay in issuing the Grantee a use permit, if any, to construct its facilities in public rights -of --way, shall constitute breach of this franchise and entitle the G antee to withhold all or part of the payments provided for in Section 5 hereof until such time as a use permit is issued or a court of competent jurisdiction has reached a final determination in the matter. The Grantor recognizes and agrees that nothing in this franchise agreement constitutes or shall be deemed to constitute a waiver of the Grantee's delegated sovereign right of condemnation and that the Grantee in its sole discretion, may exercise such right. Section 11. The Grantor may, upon reasonable notice a nd within 90 days after each anniversary date of this franchise, at the Grantor's expense, examine the records of the Grantee relating to the calculation of the franchise paymer t for the year preceding such anniversary date. Such examination shall be during normal business hours at the Grantee's office where such records are maintained.Ted rds not prepared by the Grantee in the ordinary course of business may be provat the Grantor's expense and as the Grantor and the Grantee may agree in writinformation identifying the Grantee's customers by name or their electric consumptiall not betaken from the Grantee's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the Grantor, shall be reported to the Grantee. The Grantor's right to examine the records of the Grantee in accordance with this Section shall not be conducted by any third party employed by the Grantor whose fee, in whole or part, for conducting such audit is contingent on findinC s of the audit. Grantor waives, settles and bars all claims relating in any way to the amounts paid by the Grantee under the Current Franchise Agreement em ied in Ordinance No. 376. Section 12. The provisions of this ordinance are interc and if any of the provisions of this ordinance are found or void or of no effect, the entire ordinance shall be null and 4 ident upon one another, Iged to be invalid, illegal, and of no force or effect. �J Section 13. As used herein "person" means an individual a business trust, a joint stock company, a trust, an incc venture, a governmental authority or any other entity of a partnership, a corporation, irporated association, a joint ►vhatever nature. Section 14. Ordinance No. 376, passed and adopted ugust 5, 1975 and all other ordinances and parts of ordinances and all resolution and parts of resolutions in conflict herewith, are hereby repealed. Section 15. As a condition precedent to the taking effect this ordinance, the Grantee shall file its acceptance hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this ordinance shal be the date upon which the Grantee files such acceptance. INTRODUCED for first reading and set for final public hearing on this W1 day of February, 2005. James E ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public 2005. James E. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Mayor Mayor this 11 5` day of March, • • EXHIBIT 2 FEBRUARY15,2005 RESOLUTION NO. A RESOLUTION OF THE CITY OF OKEE HOBEE, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING GROWTH MANAGEMENT ISSUES DURING THE 2005 LEGISLATIVE SESSION. WHEREAS, Florida's Growth Management Act was c eated in 1985 in an effort to create a blueprint for growth in Florida's, cities and counties; and WHEREAS, cities and counties plan for future growth through local comprehensive plans, but there is no defined state plan that provides an overall growth management strategy; and WHEREAS, as Florida's population continues to ncrease, cities are challenged to meet the infrastructure needs to ac count for new growth and development, but there is no infrastruct re revenue source dedicated to municipalities; and WHEREAS, counties, school districts, or the state of Florida control every funding source that has been authorized for i plementing growth management capital improvements and comply ng with concurrency requirements; and WHEREAS, Governor Jeb Bush and Florida's House and Senate leaders have made growth management reform a top riority for the 2005 legislative session. NOW, THEREFORE, be it resolved by the City of Section 1. That the City of Okeechobee urges Governor Jeb Bush and members of the Florida Legislature to support legislation as part of a comprehensive growth manage ent package that: Establishes a process for the county con mission and the municipal governing authorities within a county to jointly levy local government infrastructure surtax wi hin their jurisdictions to fund infrastructure improv aments. Authorizes municipalities to levy a real infrastructure improvements. Repeals the fuel adjustment charge municipal public service tax. Revises concurrency requirements or needed infrastructure. Ties state funding and budget allocatic growth management policies. In other i expenditures that are inconsistent with management policies. Page 1 of 2 transfer fee for ption from the funds to articulated state ,ds, no more public ticulated growth Revises the Sustainable Communities Certification Program to encourage, not discourage, cities from participating. Creates a state comprehensive plan that articulates state planning goals and policies with measu able benchmarks. Grants cities greater flexibility and less state oversight in pursuing growth management strategies. Section 2. That a copy of this resolution shall be provided to Governor Jeb Bush, Senate President Tom Lee, House Speaker Allan Bense and members of the Florida Leo stature. PASSED AND ADOPTED by the City of Okeechobee, this 15"' day of February 2005. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk Reviewed for Legal Sufficiency: John R. Cook, City Attorney Page 2 of 2 • EXHIBIT 3 FEBRUARY15,2005 144 r LOI 0-te1N 4 *413 Rare] -.140 STREET OR ALLEY CLOSING APPLICATION Please type or print: APPLICATION NO. N�MEO�I=APLICAI�IT First Baptist Church of Okeechobee, Inc. ilk d•7}a�s x ING;ADDRESS33„p �dMAIL 401 S.W. 4th Street Okeechobee FL 34974 .'xte� 63 — 2 1 7 1 fa N/A +MAILING ' 14 r t ZZ 4Me 4. �. •', ti' '1 ✓ f Okeechobee 1) Alley running East to West in Block 194, City 2) S.W. 5th Street between 4th and 5th Avenue a Note: if property is in two names by the word "and" both signatures ate required (for example: Jim and Jane Doe). SIGNA�T�U/RE APPLIICCAlNT: SIGNATURE OF CO -APPLICANT: Pr' me" Print Name: The foregoing instrument was acknowledged before me this by YY1 f ► n �. T �1 and N 1-A , who (dale) is personally known to me or (applicant) (co -applicant) — — who produced as identification and who did (did not) take oath. ft11111N11N11/11 11////1 11 1 1 111 */ 1M1 �HIRI Y F'ILri ATT9r Commisslon 4 00009475 a �00° �n •Lem- Notary Public, Commission No. (tt00.�32.42ytj florlda Notary A ssn. l (sibSt ire) , ............................"""""" (Name of Not ry typed, printed or stamped) 01 • 0 NO. 37 TO REAL -1: a) A IST Future expansion of Church facilities with consideration of easements and/or possible transferring of utility lines to different area of the Block in consideration of safety. covered drive -up or can o y into or up to the alley so as to allow urch members better access to Church facilit es during inclement weather. c) Parking. Prepared by and return to: JOHN D. CASSELS, JR. Attorney at Law Cassels & McCall P.O. Box 968 400 NW Second Street Okeechobee, FL 34973 863-763-3131 File No.: 9901 Documentary Class C Intant Of $ — 0-- Sharon Robert mps paid in the amount of Tax Paid is the samnt Clerk of Circuit Court D.C. Parcel Identification No. 3-15-37-35-0010-01940-0010 Date: 119 A�4,0/ [Space Above This Line For Recording Qw- 1 w Warranty Deed O c_ (STATUTORY FORM - SECTION 689.02, F. This Indenture made this 21st day of September, 2001 Between LINDA RUCKS KNISELY and ROBERT KNISELY, her husband whose postoffice address is 401 S.W. 5th Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantor*, and FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., r Florida not for profit) corporation whose post office address is401 S.W. 4th Street, Okeechobee, FL 34974 of the County of Oke chobee, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County Florida, to -wit: Lots 1, 2 and 3, Block 194, City of Okeechobee, recorded in Plat Okeechobee County, Florida. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, ai id will de.fe' all persons whomsoever. * "Grantor" and "Grantee" are used for sings 'ar ur plural, as co In Witness Whereof, grantor gas hereunto set grantor's hand and seal the Signed, sealed and delivered in our presence: Witness Na e: Beverly B�ev State of Florida County of Okeechobee c 4LIR'tCKS K ROBERT KNISELY k 5, Page 5, Public Records of the same against lawful claims of requires. and year first above written. ELY (Seal) The foregoing instrument was acknowledged before me this Q �_ day of Septetrbe , 2001 by LINDA RUCKS KNISELY and ROBERT KNISELY, who Wre personally kno, n or [_] have produced as identificatir.n. [Notary Seal] ES1Y11.RLEYM. PASSWATERSomm EXP. 3/2Z/2002No. CC 72'IJsaWly NlOwn I I Odw I.D. It is hereby certified that we have prepared this instru. ment from information given to us by the p2rties hereto. We do not guarantee either marketability of title, accu- racy of description or quantity of land described as we did not examine the title to the property involved. Notary Public Printed Name: My Commission Ex 35871?. nr —3 Parcel ID Number. 3-15-37-35-0010-01940-0040 Grantee #1 TIN: [Space Above This Line For Recording Warranty Deed This Indenture, Made this 24th day of July LOIS B. HIPPS, of the County of OKEECHOBEE , State of Florida FIRST BAPTIST CHURCH OF OKEECHOBE E, INC., a o laws of the state of FLORIDA whose address is:401 SW 4TH STREET, OKEECHOBEE, Florida loop. FILL` . C; } i 1992 A.D. , Between , grantor, and ition existing under the of the County of OKEECHOBEE State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of - - - - - - - - - - - - - - - - - --------------------- TEN &NO/100($10.00)-----_ _..___..------ DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the eipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and ass gns forever, the following described land, situate, lying and being in the county of OKEECHOBEE State of Florida to wit: LOTS 4, 5 AND 6, BLOCK 194, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. e) Subject to restrictions, reservations and eas if any, and taxes subsequent to 1991. The property herein conveyed DOES NOT constiti property of the Grantor. The Grantor's HOMES? 1509 131ST STREET, OKEECHOBEE, FL 34972. and the grantor does hereby fully warrant the title to said land, and will defend the same against In Witness , 1pe grantor has hereunto set her hand and seal t Signed, sealed and elj�iv:refd. our pres�ltce: --.vau _. ..Ax P.O. Address 1509 Witness STATE OF Florida COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before* jns's.«* 24th day of LOIS B. HIPPS, �- (/� M who is personally known to me or who has produced tier '&+LICENSES as identification and who did take an oath. + f + + Pf(%Qn/ This Document Prepared By - OF SHERI SP.LVEY ``«••• " lU "OFFICIAL NOTARY SEALN � OKEE-TANTIL7 TITLE CO. S YC VIA E. SYI. 500 N.W. 6th STREET, P. O. BOX 1211 My COMM. EXP.IPSCOM(I NOT PUBLIC OKEECHOBEE,11281/ 05 FL 349n My Commission Expi (81D uy555teme nu FLWD-2 is of record, to the HOMESTEAD EAD address is twful claims of all persons whomsoever. day and year first above written. (Seal) STREET, OKEECHOBEE, FL 34972 (mil) (Seal) (Seal) July , 1992 by COMB' �`� 01/28/95 92-4739 /�� V-- 10. 01�060206 Docul A/05-o $-L ' Class Of $ _ I Ar k Parcel M Number. 3-15-37-35-0010-01940 0070 Grantec #1 nN: 5 9 - 0 9 4 8 7 0 7 Warranty Deed This Indenture, Made this day of DARRELL E. FERNEAU and JAMES R. TENNISWOOD, Stamps paid in the amount of angible Tax paid in the amount U May, �9 9 8 A.D. , of the County of Okeechobee , State of Florida FIRST BAPTIST CHURCH OF OKEECHOBEE, INC., whose address is: 401 S.W. 4th Street, Okeechobee, Flori of the County of Okeechobee , State of Florida Witnesseth that the GRANTORS, for and inconsideration of the sum of — — — - - - - - - - - - - TEN & NO/100($10.00) - - - and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the rr granted, bargained and sold to the said GRANTEE and GRANTEE'S successors and ass situate, lying and being in the County of Okeechobee state of Florida to wit: Lots 7, 8 and 9, Block 194, OKEECHOBEE, accor thereof recorded in Plat Book 5, Page 5, publ Okeechobee County, Florida. 34974 Its Between , grantors, and grantee. — — — — — — DOLLARS, t whereof is hereby acknowledged, have forever, the following described land, ing to the plat c records of The property herein conveyed DOES NOT constitte the HOMESTEAD of Grantors. Subject to restrictions, reservations and eas if any, which are not reimposed hereby, and t December 31st, 1997. and the grantors do hereby fully warrant the title to said land, and will defend the same against In Witness Whereof, the grantors have hereunto set his hands and seals Signed, seale and delivered ' our presence: EVA MAE CONELY DARRELL E Witness _ _ ) P.O. Address 1302 TOM . CONE , r4 I I Wit _ EEi; ELY // JAMES R./ W V P.O. Address 203 TOM W. Witn R STATE OF FLORIDA TCOUNTY OF OKEECHOBEE I The foregoing instrument was acknowledged before me this day of R DARRELL E. FERNEAU, R who is personally known to me. This Document Prepared 11 ��',<'y EVA MAE CONELY O TOM W COM [MY, III CONELY & CONELY, P 0 y"' yl y: a. :o; MY COMMISSION M CC 585457 EXPIRES: December 12, 2000 EVA MAE N. W. 2ND STREET' Bonded Thru Notary Public Underwriters NOTARY PUB I' OKEMIOBFA FL 34972 My Commission ents of record, es subsequent to lawful claims of all persons whomsoever. the day and year first above written. (Seal) . FERNEAU S.E. 8th Avenue, Okeechobee, FL 34974 TENNISW00D N.E. 3rd St., Okeechobee, FL 34972 May, 1998 by Y 12/12/00 0 D sI; aY S ICMS, Inc. 1990 (813) 763-5555 Donn 11, MD-2 l OR ,J;� ,1�, (Recording Information bove) %- Parcel No: Grantee's Social Security No: WARRANTY DEED THIS WARRANTY DEED made this -�� TAYLOR, WANDA SUE � MARY E E�d y of Jul , by GRACE HAZELLIEF, WOLF 1992 tenants LOU in common LFORD SAND BETTY interest, hereinafter called the G h With n undivided one-fourth OF OKEECHOBEE, INC. whose RANTORS, o FIRST BAPTIST CHURCH Street, Okeechobee post Office address is. 401 Florida 34974, hereinafter called the GRANTEE: 4th (Wherever used herein RANTEE: include all the terms "Grantor" and "Grantee" heirs g the Parties to this ins rument legal representatives , and the and the successors and awes and assi g s of individuals p rations)• WITNESSETH: That the GRANTORS , for and in $10.00 and other valuable considerations, ration of acknowledged, e sun, of re eipt whereofhis hereby releases g ' hereby grants, bargains land situate conveys and HOBEconfirms unto the GRANTEE,County, all that certain LOTS 10 Florida, to -wit: THE PLAT THEREOF AND 2 OF BLOCK 194 RECORDED IN �,' CITY OF OKEECHOBEE RECORDS OF ST. LAT BOOK 2 . ACCORDING TO LUCIE COUNTY, FLORIDA AND A� CO y OF SA D THE PUBLIC ALSO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC COUNTY, FLORIDA. CORDS OF O PLAT BEING KEECHOBEE SUBJECT TO restrictions if any reservations and easements of record, The above described property does not Of the Grantors. constitute the homestead TOGETHER with all t appurtenances thereto belon he tenements, hereditaments and g g or in anywise appertaining. TO HAVE AND TO HOLD the same in fee sim le forever. AND the NTO RAARS hereby GRANTORS are GNTOy covenants with said G im GRANTORS has lawfully seized of said land in f e simple; that the said land; good fully warrants the title to right and lawful authorit p that the that the GRANTORS herebyy to sell and convey said land and will defend the same against the encumbrances except taxes accruinsaid landlawful claims of all persons whomsoever; andis free of all that g subsequent t December 31 1991. IN WITNESS WHEREOF Said G the day and year first above said has executed this Deed written, Signed, Sealed and Delivered i-in o presenc'e: ' G l ./ WIT SS AS TO TAYLOR C� hereaSe nt name of Witness GE T LOR (Fill n address above) p .. _- SATISFACTION OF MORTGAGE BY CORPORATION R•, 227 Pa A452 :SfiUh RAMCO FORM 26 satisfaction of Mortgage XnOW dill Men By These Presents: That Okeechobee County Bank a corporation existing under the laws of the State of Florida the owner and holder of a certain mortgage deed executed by FIRST BAPTIST CHURCH OF OKEECHOBEE, INCORPORATED to Okeechobee County Bank bearing date the 17t1lay of April , A.) Book 136 , page 387 , in the office of the Clerk of the Circuit State of Florida, securing a certain note in the principal sum of Sixty six thousand two hundred seventy three dollars ar. Dollars, and certain promises and obligations set forth in said mortgage de( State and County described as follows, to -wit: REAL ESTATE AS DESCRIBED IN SAID MORTGAGE DEED 19 72 , recorded in O//innl Rccnrds -ourt of0keechobee County 85.100 ----------- upon the property situate in said co 09 -Tn C40 co "" "Co Y t 4 c> M t iTtCj ra C=m *�+ cam._.- ; :n C7 W © t— hereby acknowledges full payment and satisfaction of said note and ortgage deed, and surrenders the same as cancelled, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. In MUMS thereof the said corporation has caused these (CORPORATE presents to be executed in its name, and its corporate seal to be hereunto SPAL) affixed, by its proper officers thereunto duly authorized, the 3rd day of April A. D. 19 79.. ATTEST: ............ .. ��r--��... "``.�..---............-. OKEECHOBEE Signed, Seale nd delivered in the presence of: .----Q�UJI161c'-_m.... - ........................ y---- --- STATE OF Florida t COUNTY OF Okeechobee f • 111n.,.11 ry . __ .L:_ J_., t,.,t,,......,, — u,.o, a,d a ,th r,o> i in tha Stata and Cc BANK..................................... Vice— President aforesaid to take acknowledgements, 07 - �T a,tor►rowaa< natgto .W...— - (((�,, A Max 1 PACEAho VjA" v0Executed the 11th d + ay of Apr i I A. b, 10 12 by First Baptist Church of Okeechobee, Yncor orated heretnaf tar called the mortgagor, to C)KEECtiMSE COUNTY 13ANK a corporation existing under the laws of the State of FMRI A with its permanent postof jtco address at P. 0. Box 218, Okeechobee, irloridat heretnafler called the mortgagee; M� r•pMantativ" and�aru� rt aj•d y"" .•e "w«ceases'• i.dl/d..0 the twJa ea J►L lwu�aol and el. lain Ineluda aQ Ju Sala 6e•.t• rr tdrol�` and 1►s weoe..r. ••d w of aarysroJor, a•d e„ft 9NCJAwd u sera ;6A ••e.) 1011a srthr shot for good and valuable consideration . and also In consideration of the agpre- eate sum named in the promissory note of even date herewith, hereinafter described, the mortgagor here_ by grants, bargains, sells, aliens, ramtads, conveys and confirms unto the ►»ortgaaee all the Certain land of which the mortgagor is now seized and In possession situate AnFlorida. viz.- Okeechobee County, Lottt Is 2 3, 4, 6 OKEECHOBEE according tolplot thereof lrecorded ainfPBlatcBook7r 2, page 17, public records of St. Lucie County, Florida. t'rovidad buthar that said mortgagors do hereby ca with said mortgagee, that they will not, during the pei mortgage is is effect, either sell. convey, or agree It Rho property covered by this atorigaga whereby this I be assumed without the written consent of the mortg. (ion of this provision ahs11 grant unto the mortgagee glare the total baLnes remaining, due, at the data of rhis mortgage shell also secure the payment fvture edvanoes or loans that moy be made ft"agee to the mortgagors at tiny tlmo wit years hereafter, even though no Indebtedness standing hereunder, provided that the maxlmu spat money to securer shell not at any one time, ar vkled further that sues► advances or loons sl void"MOd by $operate written Instruments to Mre terms heroof, heat and aer'! iod of time Li' sell or coda, nortgage wo :'. gee. Any`vl-)!. the rlgM to .. . such vioiatlon.'• of any by the hin ton Is out, m prin- exceed Id pro - loll be Invoke f. 0 '30 3 DVd 3330KD33 iCi d0 ;'•.l I.CD 9cd' T��98 C h : h T c:00--:" To • Number of Deed. .79.......... Cbi.Q� $ 11nbenturet made this. —.. $ h.... • ...day of. .eC=II er, in the year ,A.. D. nineteen hundred ant.l.—.#'ift@@ •.. — between the QKE CHOBEE COMPANY, a corporation duly- established and existing under the laws of the State of Florida party of the first part, T. B. Owens, R. P. Fletcher and T. C. Beavers Trustees First Bap- tist and.. .. P tint Church of Okeeohobee, ...... of the County of ....... St... Lucia;--.. and State of.. b'lOrid$ ..... ..... parties, ... of the second 1)aI't. Wit11COS th, that the said party of the first part, for and in consideration of the -sutra of Qne . p41.la.r . and.. o.the r. -valuable. -con sid ar t i.on, ......... . to it in hand Laid by the said part- 10 :--of the second part, at and before the sealing and delivery of these l;reselils, i!ic receipi whereuf is hereby aci•:nctvledged,"h-2tthvgrartted, bargain d, sold, released, conveyed anti confirt:Ied, and by these presents loth ;rant, bargain, sell, release, convey Viand confirm unto the said parti91i.-..of the second part........, their..8LU2CQaF30T.e.................... and assigns, =LL,L_ thofae.—.. tract 8, lot.0., or parcels of land, situate, lying -f nd being in the County of • .........Fit.... Luc.ie.......... • and State of Florida; known and described as follows :.............. Lots One (I), Two (2) and Thareey(3) of Block One Hundred and. Bighty Seven (I8?) of the Town of Okeechobee, according to plat made of said Town and filed in the office of the Clerk of the Circuit Co ,'rt, in and for St. Lucie County. Together With all and singular, the rights, members, hereditaments and a purtenances to the said premises helon-ing, or in anywise appertaiui'm� Uo have All% to bolt all and sint;tilar. the premises and appurtenance and every part thereof, unto the said part.f88,-,.of the second part..,....the.ir..successors.......and assigns, forever. To be used for a c� ur�ch Pand -�arsona�e only. . And the said )arty of t )e rst art �n its succe. sors, tie said premises and ever} part 'thereof unto the said part:AAO—.of the second part... - ... thej,r..suQ0esRGra......... I .... and assigns, against it, the said party of the first part,; and its successors, and all and every other person or persons, claiming under or through it, will warrant and forever defend all these presen s. I11 witness 'rli '6e Cof, the said party of the first part has- caused these presents to be sealed with -its curlmrat� . eal and signcdy ts; ....... President and _- attested by its Secretary.as the act and deed of the corporation, the clay and N I COUNTY DEED, UNDER CHAPTER 194, FLORIDA STA Okeechobee ................................... -.................................................. COUNTY, This deed made this ...... 18 ........day of...................June ...................................................... Okeechobee ••••...•.•...• .•.. State of Florida, party of the first part B&pt gt.....Church party of the second part, ................................. WITNESSETH: 'That the said party of the first part for BOOK 42 PAGE 79 Application No ............. ................. DeedNo .............................. 8'......... ......... 1941 RIDA D. '194 ............, by the County of rue.teeg.... o.f....the.... First in consideration of the sum of ($... ...Q.O........... ) we, t,y..,-five &....noA00 —....--Dollars to it in had paid by the party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold unto the party of the second part, his heirs and assigns forever, the following described land, to -wit: IN TESTIMONY WHEREOF, and by viztue of the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of ...... Q,1 Q.Q. c bQ. ....................... State of Florida, we, the under- signed, as members of the Board of County Commissioners for the County and State. aforesaid have executed this deed and have there - unto set our official signatures and seals, attested by the Clerk of the Circuit Court for said County, this the...........2nd .................day of ................':N.1 ................., A. ID. 194?.......... ...................................................... (SEAL) Signed sealed and delivere the presence of: Member Board County Comm' on .. • ...... . ...... .(SEAL)member Board ounty Com ssioners ................... (i�Q'�z* .. .............L?!✓'! !- `c{$EAL 1 ATTES Membe oard ounty Commissioners V....... , ............ .(SEAL) ..........`...... ... Clerk Circuit Court Memb Board ounty Commissioners .......................Okeechobee .............County, Florida................................................................ (SEAL) Member Board ounty Commissioners /C- • WARRANTY DEED IN DIVID. TO INDIVID. This barranty Deed made the ,�a/ clay Of Nove R. M. FAGLIE and ARABELLA FAGLIE, his wife, r RAMCO FORM 01 A. D. 19 66 by hereinafter called the grantor, to J. E. CONE, ROSALEE PEA CE, and LARUE CHANDLER, as Trustees of The First Baptist Church of Okeechobee, Florida, and their successors whose posiof f ice address is Okeeehobeq , Florida. hereinafter called the grantee: IWhere ver used herein the terms ''grantor" and "grantee" include all the par the heirs, legal representatives and assigns of individuals, .and the successors a, bitnesseth: That the grantor, for and in consideration of the su valuable considerations, receipt whereof is hereby acknowledged, hereby t mises, releases, conveys and confirms unto the grantee, all that certain lar County, Florida, viz: Lots 7, 8, and 9 of Block 187, TOW1 OKEECHOBEE, according to plat ther< recorded in Plat Book 2, page 17, F records of St. Lucie County, Flori( Together with all the tenements, hereditaments and appurtenan wise appertaining. To Nave and to h0ldp the same in fee simple forever. Rad the grantor hereby covenants with said grantee that the grant in fee simple; that the grantor has good right and lawful authority to sel grantor hereby fully warrants the title to said land and will defend the s all persons whomsoever; and that said land is free of all encumbrances, to December 31, 19 65. -1n fitness Whereof, the said grantor has signed and sealed first above written. Signed, seal and delivered in our presence: ............. i ................ r..//. �...t...l... ..........I ........................--....... STATE OF FLORIDA to this instrument and assigns of corporations) Of $ 10.00 and other nts, bargains, sells, aliens, re - situate in Okeechobee OF of ublic a. thereto belonging or in any- r is lawfully seized of said land and convey said land; that the me against the lawful claims of xcept taxes accruing subsequent presents the day and year q ......... (_ V__.: ..... ............. ................. L- f ---------- ---- -----® SPACE BELOW FOR RECORDERS USE 0/1 Haturn to kuar lencl030 aeff-addf&Ujd 31JIMpO4 �rtvslr�t! H. G. CULPRETH P.O. Box 848 Okeechobee, FL 33472 M, butriim«st Rrparld by: ter"' E. T.IIunter, Esq, D HUNTER & HUNTER, P.A. �0 r 1930 Tyler St. O Hollywood, FL 33020 SAAU MOPE THIS UME FOR PfKQSSIM9 DATA quit-Cla�tn Peed avid O. Hamrick ast Will and Testament of i� ORE11.1;CEIVIG nt of 7AIOYE Ift UME FOR RECORDING IMTA - e )CV' ;tees of that fT ustt9under -the I�.mr ck dated Au ust, 5 first party, Jo g r 1978. irst Baptist Church Of Okeechobee, Incorporated whose postoffice address is .0. Box 218, Okeechobee, Florida second party: IWhrrtvrr used herein the terms "first party" and "second party" shall include singulu and plural, hrin, legal reprracnut,ver, and assigns of individuals, and the succeswn and assigns of ca pun lrir,ons whescum the cu legal so adnuta or requites. Exer:ufer this,,jLX4 day of Culbreth as Co•-Tru Richard L1'4 I, <itnessethli That lite said first party, for and in consideratiol of the sum of $ 10.00 in hand paid by the said second party, the receipt •.whereof is hereb ' least, unrl gull-clulm unto the said second Y ac{tnotuledr/ed, does {tereby remise, re - le said party forever, all the rlyllt, ille, interest, claim and demand which first party has in and to the followinii described loi, piece or )arcel of land, situate, lying and being in the County of Okeech )bE1e fl ;>'nte of li' rida to -wit: l llel7 running East to We: t bet"aeen • Lots 8, 9, 10, 11 a-.-! 12 of L ock 1-37, OKEECHOBI Plat thereof, recordE.r1 in Plat Book 2, PagE Records of St. Lucie County, FL To Have anti to Mold the same together with all and s lw1onrling or in anywise appertai,.irt6 and all the es..ale, rirlh: tilie, i soever of the said first party, either in law or equity, to the only proper second party forever. In Mtness Thereof, The said first party has sinnedal and se li�,l r,�.�,c,g st,rifter•:. Siwied, sealed and delivered in r p esence af; A L►�.....>.� 1fY1. STATE OF FX>81KDMA% COUNTY OF ofiic'c duly authorised in she :;fete afore -)aid and it, the county D-II�id 0. Hamrick, Co -Trustee to n,r known to be the �crxetn described in and who "ei7utcd the furrgoing inst bcfole me that he executed the saint. WITNESS my h:utd and jitlygfj. RAW t; c County a �d State last afurc A. fi NV!Ay ublic, Sta /UOV�j;- g of FIo Ida f l �� l 99ZMy cumin' expireS Nov. F IM l No CC152990 t Costm �' 2, 3, 4, 5, 6, 7, according to the 17, of the nubl.ic noular the appurlenances thereunto iteresl, lien, equity and claim whal- use, benefit and beltoof of Ilte said ed these presents the day and year ...................................... David 0. Ha rick ..... Co —Trustee ............. I .................... ............................................... rM Y cE aforesaid t,) take t �.Q it �,� �o fv tit, cTIFY tha;l this day, before me, an / acknowledgments, personally appeared rurncnt and he acknowlcdKcd aidthis day of • BrGK • 341 eAcE'1197 IN WITNESS WHEREOF, the first paity h� Ares is t e day and year first aboVe H • G. Cull Co -Trustee State of Florida County of Okeechobee s signed and sealed ritten. eLn I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared H. Trustee, to me known to be the person describe in and whoRETHexecuted the foregoing instrument and he acl-nowledgel before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 3rd day of Qet 1992. December, 1992. My Commission Expires: Notary Pub persona known to me A MELODY AMMONS MY COMMISSION EXPIRES June 25, 1995 BONDED GiRU NOTAi:Y PUBLIC UNDERWRn'ERS c� 0 0 Page 2 • • d Signature Authorized Sig orized LU Nil 199M in led Typed Name & itie 'y- Phone No. ate I yped Name & THIc no NO. Typed Name & Title Phone No Z /-a3 Date M Onlill For Ci of Okeechobee & First Addition to City of Okeechobee Subdivisions: I . Authorized Signature : Typed Name & Title Pho a No. Date d H15 MS H W W LO cn 3nN3nd Hit MS So „z M Qo N W ' ^ W u J O T n cf) 00 V 0 O N T T � . • 0 Page 3 INSTRUCTIONS: After Pages 1 and 2 are completed by applica to the 'City Cierk's Office. The $25.00 'application fee is then pa WII I WAVC TUC eni u nunu1 M-..'....��_�_.— PUBLIC WORKS DEPARTMENT Authorized Signature 11 >eC' aPlit) IP Date Au Donnie Robertson, Public Works Director Typed Name & Title FIRE DEPARTMENT Signature APPLICATION NO. it. Return entire application d. THE CLERK'S OFFICE ,1 It Z- c-�y-&d nature Date Oscar Berm dez, Ci Typed Name Title Typed Name & Title 1::Z— o n.S' Date Signature Date orb Shith, Fire Chief Typed Name &Title ADMINISTRATION 5CC' Authorized Signature APPLICATION APPROVED BY: 4LANGAMITO A, CITY CLERK Typed Name & Title DA E Date 1A Revised 413103-LG U • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: February 9, 2005 Re: Alley - and City Street Closing application for the Okeechobee Baptist Church of We should be aware of the critical drainage problems on City of Okeechobee especially on this area of the City. However the Engineering Office will recommend to approving the request for the Alleyway closing for the only use of the future propose facilities. Also, is the Engineering Department's opini Okeechobee shall not abandon an existing and I that the City of tional street. Vq C� • EXHIBIT 4 FEBRUARY 15, 2005 TO: Mayor and Council Members FROM: Lane Gamiotea, City Clerk SUBJECT: OUA Board Appointments DATE: February 9, 2005 It is time once again forthe Council to considerthe City's appoi Utility Authority Board. The vacancies are a four-year regular year alternate member. The following citizens are interested in being appointed: ntments to the Okeechobee voting member and a two- 1. Frank Irby (currently holds the alternate member posit on) 2. George Long (currently holds the regular member pos tion) 3. James Dean Vaughn The Council may appoint any one of the above applicants to any of the positions. The terms will begin March 1, 2005. Also, for your consideration in regards to attendance, between March 1, 2001 and January 31, 2005, the OUA has lield 61 meetings. Mr. Long was absent nine of those meetings. Mr. Irby was just recently appointed to the board, and has attended all three of the meetings they have held since his appointment. We also received another application, however that person therefore their application could not be considered for this t Should you need anything further please do not hesitate to Thank You. not live in the City and intact me. • • February 7, 2005 Mayor James Kirk & Council City Hall City of Okeechobee 55 SE 3' Avenue Okeechobee, FL 34972 Re: Request For Reappointment to OUA Dear Mayor Kirk & Council Members: This letter is a request for reappointment as a regular member of (OUA) board. Okeechobee Utility Authority During the past four years, I feel that I have been able to bring two difficult and long-standing issues to a successful conclusion. The first was adoption of a policy requiring OUA to fund installation of fire hydrants in all of its water main construction projec s. The second was resolution of King's Bay homeowners' sewer problems, at their cost, which h 3ve persisted since the mid- 1980's. I have also tried and failed to defeat a couple of issues. The multi -year rate adjustment adopted in 2003 was one such instance, although these rates were ultimately replaced after approximately six months. Another example was the acceptance of a private utility without benefit of a basic cost - benefit analysis. Equalization of rates by customer class and the means of funding xpansion of the wastewater treatment plant are two very important issues which have not et been resolved. I would appreciate the opportunity to see them through. Sincerely, George A. Long 309 NW 7Ih Street Okeechobee, FL 34972 • Ci of Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen The City of Okeechobee does not engage in any form of unlawful have been discriminated against for any reason, please call this to Administrator so that we may address your concern. Citizen Board Applying For: ❑ Planning Board/Board of Adjustment/Design Revie ❑ Alternate Member of the Above Stated Board ❑ Code Enforcement Board Member ❑ Alternate Member of the Above State Board Please Print: Applicant's Full Name: Street Address: // rlSGc1/�5` C Mailing Address: Telephone Numbers: 7— 1S�j home work 'rimination. If you feel you attention of the Personnel 3oard Member a o�L r 41 .aCJ- 27-3 mobile Education: Please include Name and Address of school, years attended, date graduated and de�ree obtained, if any. If more space is needed please attach a additional nacre. Grammar School: High School: O�-ec,c ��e University: S 4 K -.5cr„ i L /9 _ �$-/ 70 Other: • Describe any skills and background information about yourself wish to serve on. If mores ace is needed lease attach hat would =helpfulboard n additiona '1 ' I, sc. e s— y i'• G . - r6 C L°r in ,:. 1 C/ J17 /, L, r s S r 3' G / �• / c A),e S cl r Applicant's Signature ate 02-09-E003 C2:26 r v4" to:7/ 400.�j -) P SIDD 869 467 0E13 Id:J5 Eib* sac, EXHIBIT 5 Cl TV OF FEBRUARY 15, 2005 CITY OF 0,&-ml KEECHOBEE (20) 74&3)73 JRAX (00) 70.1"6 AGENDA ITEM REQUEST FORM *r blftg "Mpbftd Awm to C* of okoftho. CW AdInjoUtmtoes on,. 56 SE V A"mvw okeedwbolk, FU"W- JW974 VAX- ItrVMAlt MOAL Ll WOMX."()p ry T A Tryjr. T W. 'VOU Wan TO RAVR pLW#D M TIM 70" COV14M AGXP49A.- VM MAVX WomM ATS 0280" ACTWN my JUG r� NIGM]w., DATE: 02-CO-2005 E2:08 0 f-1 SOD %9 467 0610 FAML. UOUNITAYM A" WtQt=MWG.l pprz: 1 Ir• r go 15 - a c- Cas rum, A -R eb oQ..- Qoa MA *, or i F;Arl_ -t Erg 09 ��'y �` Q$ � w o � @' � ,moo• z Cap I n -4 o uo ev CA pp$ (�"'�}� CT°���(D�4�•�aAOA'�OC`J�in ?p�j w" m o?r� trim.^ win , oa3 ~ SOW r►fl �•� Win�•• § � `o • C• A CC yp S� A „gyp'A b p�4 A7 d A..� ' to 0 • C tl Oo � w Aw W cr • a A TJ a cn ?� S 19 � � Ol ^iO �Qc�nQ ,e o O E ,$ S ro H �co Om t:39Na OT90 L9i7 �99 OoS y 0 20:30 5002-60-20 • • CITY OF OKEECH MEMORANDUM TO: Mayor and City Council SUBJECT: Status Report DATE: February 8, FROM: Bill L. Veach, Below is a brief summary of past and upcoming events. BEE Administrator DEPARTMENT SYNOPSI ADMINISTRATION Hurricane Related Issues — This past week, I m with FEMA officials who indicated AND GENERAL that the City and CAS were on track with the re orting of damages and requests for SERVICES payment. While there are some items of disagr ment, these will be discussed in the weeks ahead. FEMA indicates that it could a sweral weeks before we receive any hurricane damage related payments. Industrial Park — Construction is nearing completion in the industrial park. CAS is voicing concerns regarding making budget. The early indication is that once line item quantities are totaled, they may be about $20,000 short. I've indicated to Gene Schriner and Jay Beaton that, ifthis projection is in fact a reality at the end ofthe job, they would need to address it with the City Council and they should expect that it might not be well received. Downtown Streetscape Project — The second phase of work in the downtown parks has begun in Parks 5 and 6. Completion is planned before the Speckled Perch Festival. OUA — As you know, L.C. Fortner has responded to the letter I sent him regarding extra connection costs associated with pipe joints in the Commerce Center. At this point, there seems to be a completely different explanation from CAS and OUA. I have discussed this briefly with L.C. and plan to get both sides together to see if we can determine what has actually occurred. Florida Power and Light — Attorney Cook and I met with representatives of FPL to discuss their Franchise Agreement, which will expire this year. We will be working together to develop a new contract, which will come before the City Council on February 15''. Adelphia — Attorney Cook and I have met with representatives of Adelphia to discuss their franchise agreement. This will come before the City Council on March 1�. 0 DEPARTMENT SYNO PUBLIC WORKS Public Works has, for the most part, returned t( will be involved with the gutting and rebuild of roof is completed. Currently they are constn communications tower at the fire Department. demolition on the training tower, which is atta tower was damaged in the hurricanes and the pla then be used for additional storage. their regular routine. City Employees he City Barn facility as soon as a new tting the concrete base for the new )nce that is complete, they will begin hed to the garage at City Hall. The is to reduce it to one story, which will CODE Attorney Cook has filed the documents related to foreclosure on the Brantley property. ENFORCEMENT He also included a nuisance abatement element tc the proceedings, which should enable the City to deal with the ongoing and growing problem while the foreclosure is being pursued. The Code Board has approved this aU roach. FINANCE Our audit for this past year has begun. Staffs working closely with the auditors regarding the implementation of GASB 34. Lola also continues to work with the Hurricane Recovery Consultants in order to sub t all needed financial information to FEMA and PRM. As I have previously reported to you, last week we discovered a tax withholding problem. It appears as though employees who were listed as withholding at the SINGLE tax rate actually had payroll deductions being held at the lower MARRIED rate. The end result is a two -fold problem. 1. A higher amount being withheld upon correction of the error (this annoys some employees, but can't be avoided). 2. Some employees who thought they had adequate withholding to cover their taxes owed are significantly short and will owe the government additional taxes upon filing their return. At this time, our computer service provider at IMV is working to correct this problem. He is making program adjustments to ensure that veryone's withholdings are correct and secondly, he is researching how this occurred so that it can be prevented in the future. The Department Heads have been asked to discuss the matter with affected staff so that we can determine the impact. John Cook will be involved in helping us determine if there is any relief we can provide to the affected individuals (with City Council approval, of course). 2 u DEPARTMENT SYNO POLICE Final preparations are underway related to the s� DEPARTMENT the new fleet. The dealer who supplies the cars difficulty filling our order. You will recall, we h� ago with Okeechobee Motors. At that time, our a Georgia dealer. This option is being explore( Council on February 15'h. FIRE I Construction of a freestanding (no supporting DEPARTMENT tower will be placed closer to the fire station minimize electronic interference with sensitive c .e of this year's cars and the arrival of br the Sheriff s Association is having I this same problem a couple of years i)lution was to purchase the cars from again and may come before the City n wires) tower has begun. The originally intended, in order to mication equipment. Several members of the Fire Department were aflected by the tax withholding issue. I know Chief Smith has had to deal with some agitated folks. I've talked to members of the Department, as well, in order to assure them everything that can be done, will be done. CITY ATTORNEY GRIT — John Cook has recently unsuccessfully attempted to initiate contact with potential re -insurance providers. He has notified RIT's attorney that there has been no response from the re -insurance contact they provided. As part of the terms of the settlement with GRIT, they must provide us with viable re -insurance contact information. The following are additional items I have asked 1. Serve as Interim City Administrator 2. Advise on Sneider lawsuit 3. Schedule Raulerson hearing 4. Assist in drafting a new FPL contract 5. Pursue legal options related to reinsuranc 6. Annexation issue 7. Review draft of new Adelphia Contract 8. Advise on annexation enclave issue in Bh 9. LDR issues, such as conversion of former commencement of site -work permitting ar Cook to address. and GRIT Heron :sidential structures to commercial, sidewalk, curb and guttering issues 3 11 • DEPARTMENT SYNO CITY CLERK Administrator Advertisements — The ad ap boards: city hall, county library, county courthi campuses), South Florida Community Colle; Community College (main campus). It is poste IRCC, SFCC, and PBCC. It will be, or has be( Okeechobee Times, The Tribune, February editi Cities Datagram, CM Notes, which is a weekly to all Florida administrators/managers, as well monthly Clerk's Notes that is circulated similar are sponsored by the FLC. As of Tuesday aft applications. Citizen Boards — The Clerk's Office is still Board Members will be addressed at the F February 28. .ars on the following public bulletin se, county school board, IRCC (all 5 (main campus), and Palm Beach on the following websites: the City, published in the Okeechobee News, i of the ICMA, the Florida League of iblication that is distributed via email 40 located out of state, and the bi- c the CM Notes. These publications noon, we have had 1 I requests for ising for Citizen Boards. The OUA y 15 meeting, as their terms expire El