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2006-08-15 Regular MeetingCITY OF OKEECHOBEE AUGUST 15, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: August 15, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Rev. Duane Eatmon, Treasure Island Baptist 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. Mayor Kirk called the August 15, 2006 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Duane Eatmon of the Treasure Island Baptist Church; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present PAGE 1 OF 7 A. Recognize and present a longevity service award to Denny Davis Mayor Kirk presented Police Chief Denny Davis with a twenty-year Longevity Service Award consistix of a. cwo h-mdred for 20 years of service. fifty dollar check and a plaque which read: "Recognition of His Outstanding Service to thr; City an i Its rtesid:nts as an Employee of the City of Okeechobee for Twenty Years." fl AUGUST 15, 2006 - REGULAR MEETING - PAGE 2 OF 7 6 0 9 1 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Recognize and present a longevity service award to Denny Davis Chief Davis thanked the Lord for his and the other officers' safety, as the City's Police Department has not had an for 20 years of service continued. officer fatally wounded or seriously injured. Also, he thanked his wife for her support and understanding. He stated words of wisdom from his father which he lives by: "Learn to live off of what you make and find a job you like and stick with it." He stuck with this job and thanked the Council for this opportunity and for being a good organization to work with. He tipped his hat off to the Okeechobee Police Department, `they do a fantastic job!" B. Proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day." V. MINUTES - City Clerk. Proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day." Mayor Kirk read the Proclamation in its entirety as follows: WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular diseases; and WHEREAS, Okeechobee Fire Fighters collected $10,800 throughout the community with their2005 "Fill the Boot"campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Day, and WHEREAS, it is appropriate for all Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day" and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association." The Proclamation was presented to the Okeechobee County and City Firefighters. They were thanked for the fine job they perform to protect the citizens and promote safety in our community. A. Motion to dispense with the reading and approve the Summary of Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the August 1, 2006 Regular Meeting. August 1, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. 610 AUGUST 15, 2006 - REGULAR MEETING - PAGE 3 OF 7 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1. a) Motion to read by title only and adopt proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert Batton - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 952 by title only. 2. a) Motion to adopt proposed Ordinance No. 952. b) Public comments and discussion. c) Vote on motion. B.1. a) Motion to remove from the table a motion to adopt proposed Ordinance No. 955 - City Planning Consultant (Exhibit 2). b) Vote on motion to remove from the table. c) Discussion of motion to adopt proposed Ordinance No. 955 made by Council Members Markham and Chandler. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. Unfinished Business Item A was moved to Public Hearing Item B; New Business Item E was moved to New Business Item A. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Mr. Elbert Batton, the applicant, contacted Clerk Gamiotea prior to the meeting and requested Alley Closing Application No. 81 be deferred until the September 6, 2006 meeting. The co -applicants were not advised of the situation with the Hamrick Estate, being that once the City adopts the ordinance closing the alleyway, they would have to purchase the alley from the Estate in order to obtain a deed and clear the title to the property. The Council agreed with the request. The only official action taken was Council's consensus to defer the reading and adoption of proposed Ordinance No. 952 until the September 6, 2006 City Council Meeting. Council Member Watford moved to remove from the table a motion to adopt proposed Ordinance No. 955; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Mr. Steve Dobbs, representative for owner, InSite Development, LLC, submitted a written request to withdraw the application. The project will be resubmitted as a Large Scale Future..Land Use Map Amendment for Cycle II-2006 Comprehensive Plan Amendments. AUGUST 15, 2006 - REGULAR MEETING - PAGE 4 OF 7 611 VII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.1. c) Discussion of motion to adopt proposed Ordinance No. 955 made by Council Members Markham and Chandler continued. d) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VIII. UNFINISHED BUSINESS. A.1. a) Motion to remove from the table a motion to approve the first reading of proposed Ordinance No. 956 - City Planning Consultant (Exhibit 3). b) Vote on motion to remove from the table. c) Discussion of motion to approve the first reading of proposed Ordinance No. 956 made by Council Members Markham and Chandler. Motion and second to adopt proposed Ordinance No. 955 made by Council Members Markham and Chandler were removed from the floor. Council Member Markham moved to withdraw proposed Ordinance No. 955 regarding Comprehensive Plan Future Land Use Map Small Scale Map Amendment No. 06-013-SSA as requested by the applicant; seconded by Council Member Watford. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to remove from the table a motion to approve the first reading of proposed Ordinance No. 956; seconded by Council Member Chandler. KIRK - YEA CHANDLER - YEA VOTE MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mr. Steve Dobbs, representative for owner, InSite Development, LLC, submitted a written request to withdraw the petition. The project will be resubmitted after final approval by the City and DCA for a Large Scale Future Land Use Map Amendment for Cycle II-2006 Comprehensive Plan Amendments. Motion and second to approve the first reading of proposed Ordinance No. 956 made by Council Members Markham and Chandler were removed from the floor. Council Members Watford and Markham appreciated the applicant working with us on this. Council Member Markham discovered at the first reading (August 1, 2006), that part of the property was not included in the application, as verified by Clerk Gamiotea. The resubmittal will be a more sufficient procedure for what they are trying to do. 15*15111W. Lem AUGUST 15, 2006 - REGULAR MEETING - PAGE 5 OF 7 Vill. UNFINISHED BUSINESS. A.1. c) Discussion of motion to approve the first reading of proposed Council Member Markham moved to withdraw proposed Ordinance No. 956 regarding Rezoning Petition No. Ordinance No. 956 made by Council Members Markham and 06-011-R, as requested by the applicant, seconded by Council Member Chandler. Chandler continued. d) Vote on motion. W I t KIRK - YEA MARKHAM - YEA WILLIAMS - YEA IX. NEW BUSINESS. CHANDLER - YEA WATFORD - YEA MOTION CARRIED. A. Consider approval of a fund-raising boot drive for the Muscular Council Member Watford moved to approve a fund-raising boot drive for the Muscular Dystrophy Association (MDA) Dystrophy Association (MDA) at the main intersection August 18 - at the main intersection on August 18 -19, 2006 and August 25 - 26, 2006 with the proper permits being obtained; 19, 2006 and August 25 - 26, 2006 - Glenn Hodges. seconded by Council Member Williams. Council Member Watford remarked that the Firefighters do a good job and also would like to add the same stipulations we put on them every year; only adults collect the money, and any other stipulations that Chief Davis may have regarding safety and traffic concerns. Mayor Kirk also added that this does not set precedence for any other organizations. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. B. Motion to modify the Cycle II-2006 Large Scale Future Land Use The City Council set the 2006 deadlines to receive and process Comprehensive Plan Amendments earlier in the year. Map Amendments and Text Amendments schedule Application packets may be submitted to the Department of Community Affairs (DCA) twice a year, known as Cycle I and Cycle II. Cycle I has been processed and transmitted to DCA. The deadline to receive applications within Cycle FROM: Monday, August 28, 2006 Application Deadline II is August 28. Mr. LaRue has requested the deadline be changed to December 29 and has not specifically conveyed Tuesday, Octobor 24, 2006 Planning Board (in writing) the purpose of moving the deadline back. Administrator Whitehali offered that he had suggested there not Tuesday, December 5, 2006 First City Council Public Hearing be an overlapping of application packets processed b DCA. Additionally, this will allow InSite Development more Y PP� 9 PP P P Y Y P TO: Friday, December 29, 2006 Application Deadline time to complete the required data and analysis for their Large Scale Future Land Use Map Amendment Application. Thursday, February 15, 2007 Planning Board Council Member Watford moved to modify the Application Schedule for Cycle II-2006. Comprehensive Plan Tuesday, April 9, 2007 First City Council Public Hearing Amendments (Future Land Use Map Large Scale Narrative) from Monday, August 28, 2006 to Friday, December 29, 2006; seconded by Council Member Williams. The Council then discussed the impact of changing the dates for property owners who might be submitting an application based on the dates previously advertised. AUGUST 15, 2006 - REGULAR MEETING - PAGE 6 OF 7 613 IX. NEW BUSINESS CONTINUED. B. Motion to modify the Cycle II-2006 Large Scale Future Land Use Map Amendments and Text Amendments schedule continued. C. Motion to ratify the appointment of Matt Vinson to the Firefighters' Pension Trust Fund Board of Trustees, term beginning October 1, 2006 and ending September 30, 2008 - City Clerk. . D. Motion to adopt proposed Resolution No. 06-08 regarding an Interlocal Agreement between the City and County for CDBG funding pertaining to disaster recovery activities - City Attorney (Exhibit 4). They also questioned, is it the date the applications are received by the City or is it when they are submitted to DCA, that establishes what year they are to be considered? In regards to the impact of the date change, some of their concern was eased when City Staff explained the only application for the Cycle II deadline was InSite Development and they are aware of the proposed change in dates. The Council was concerned with making sure that moving this deadline would not prevent them from filing two amendment packets in 2006 and two in 2007. Administrator Whitehall was instructed to verify with Mr. LaRue their concerns. The meeting dates for the Planning Board and the City Council First Public Hearing (for Transmittal) of Cycle II will be modified accordingly. VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. Council Member Chandler moved to ratify the appointment of Matt Vinson to the Firefighters' Pension Trust Fund Board of Trustees, term beginning October 1, 2006 and ending September 30, 2008; seconded by Council Member Williams. The Council thanked Mr. Vinson for his willingness to serve. Mr. Vinson is replacing Herb Smith, who recently resigned. He will be serving as the fifth member appointed by the initial four members. KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to adopt proposed Resolution No. 06-08 regarding an Interlocal Agreement between the City and County for CDBG funding pertaining to disaster recovery activities; seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 06-08 by title only as follows: "A RESOLUTION OF THE OKEECHOBEE COUNTY, FLORIDA, BOARD OFCOUNTYCOMMISSIONERS, AND THE CITY OFOKEECHOBEE, FLORIDA, AUTHORIZING SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, FINDING THEAPPLICATION CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S), DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AS THE LOCAL COMMUNITY DEVEL OPMENTPLAN, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT." 614 AUGUST 15, 2006 - REGULAR MEETING - PAGE 7 OF 7 IX. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 06-08 regarding an Interlocal Administrator Whitehall stated that the deadline for this $1.5 million grant is this Friday, August 18 and then introduced Agreement between the City and County for CDBG funding pertaining to Ms. Deborah Belcher, President of Roumelis Planning and Development Services, acting on behalf of the County. disaster recovery activities continued. Ms. Belcher explained that this grant funding will consist of 70 percent to be used for housing needs and 30 percent for infrastructure. She also stated that this funding will not be used for rental housing, but to be used to assist homeowners to repair, replace or relocate with a buy-out option to recover from the Hurricane Season of 2005 and some of 2004. Administrator Whitehall asked which officiating body, would be deciding on the City's buy-outs? She answered that the City will be making the final decision, since the property will become the City's obligation. The property obtained can only be used for stormwater ponds or parks. The 30 percent for infrastructure will be used for stormwater drainage. There are three areas being considered. As of to date Country Hills Estates seems to be the most promising. One of the other two areas being considered is in the city, Southwest 21" Street to the Southwest 7`h Avenue ditch. Even though the City Council has no input on the deciding factor of which project will be submitted, this agreement will benefit those city residents that need assistance from the recovery of the past hurricane seasons. _ VOTE KIRK - YEA MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT6:58 P.M. The next regularly scheduled meeting is September 6, 2006, following the Budget Workshop. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. James E. Kirk, Mayor ATTEST: j Lane Gamiotea, COC, City Clerk AFFIV,AV#r- o vsi�srsEet OKEECHOM TIMES �J 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 Notice of City Council Meeting PO #013089 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee FL 34974-2932 In the Court, was published in said newspaper in the issues of 08/10/2006 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 this day of A.D. 2006 (SEAL) Notary Public CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS, HEREBY GIVEN that the City Council of City of Okeechobee will meet in Regular Session on Tuesday, Augmt 15, 2006, 6:00 p.m., at City Hall, 55 SE 3rd Ave., Rm. 200, Okeechobee, Florida. The public is invited and encouraged to attend. For a copy of the agenda contact City Administration at (863) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to ap- pcal any decision made. by the City. Council with respect to my matter consideied:at this meeting, such interestedperson will need a record of the proceedings, and for 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 Office. In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing spe- cial accomnwdation toparticipate in this pro- ceeding should contact Lane Gamiotea, no - later than two (2) wor4ang days prior to the proceeding at 863-763-3372 x 214; if you are 1x rg or voice impaired, ..It TDD 1-800- 222-3448 (voice) or 1-888-447-5620 (ITY) b�: James E. Kirk, Mayor Lane Gamimea, CMC, City Clerk PUBLISH 0g/10/2006 OKEECHOBEE TIMES --------- -------------------------------------- --- i sealee A. Braman �ssion A)D31R4R3 Expires: Jun 25, 200R Bond (A 11int Atlantic Bonding Co_. 111C. Page -1- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - August 15, 2006 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor: Kirk August 15 2006 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Duane Eatmon Treasure Island Baptist Church: 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. V Absent A. Mayor Kirk presented Police Chief Denny Davis with a twenty year Longevity Service Award consisting of a two hundred fifty dollar check and a plaque which read: "Recognition of His Outstanding Service to the City and its Residents as an Employee of the City of Okeechobee for Twenty Years r ' /. B. Proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day". Mayor Kirk read the Proclamation in its entirety as follows: WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular diseases; and WHEREAS, Okeechobee Fire Fighters collected $10,800 throughout the community with their 2005 "Fill the Boot" campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Day; and WHEREAS, it is appropriate forall Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day"and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association. �l � �i ! ✓ ,� �" / '\ ten/ p �� n ,�' i r,'_1_.,j� ,( �%�v Gr lf.� / ,_1s�-�"� W �.Z'f' '-%' ry�/ r t;;_r'C d �tZ / _ � 'b cr i V c - `- j`�t �" �z� C C.'�'Ll` ✓�G�(. ,��,� • • V. MINUTES - City Clerk. Page -2- A. Council Member t ` & k1= n "' moved to dispense with the reading and approve the Summary 9f Council Action for the August 1, 2006 Regular Meeting; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ ARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT C' : /�'P.M. A. 1. a) Council Member moved to read by title only, and adopt proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert Batton - City Attorney (Exhibit 1); seconded by Council Member b) Vote on motion to read by title only. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/CARRIED. c) Attorney Cook read proposed Ordinance No. 952 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Council Member Council Member moved to adopt proposed Ordinance No. 952; seconded by b) Public comments and discussion. �` r{ Mr. Elbert R. Batton, owner of Lots 11 and 12 of Block 92, City of Okeechobee Subdivision`, is requesting to close the East to West alleyway for additional parking. Courthouse Plaza, LLC, owner of Lots 7 through 10; Baldemar and Maria Medrano, owner of Lots 4 through 6 and Richard and Sandra Laskey, Sr., owner of Lots 1 through 3 have submitted their letters of consent for the alley closing. The utility companies have signed off on the application without any objections or requests for easements. City Staff Public Works Director Robertson, Police Major Peterson and Fire Chief Smith have signed off on the application with no objections. City Engineer Bermudez is not recommending approval due to the fact that the alley was a plus for drainage purposes with the consideration for the Commercial addition, and also until a future Master Drainage Plan is resented. Administrator Whitehall is in agreement with City Engineer Bermudez. • A. 2. b) Public comments and discussion continued. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/CARRIED. Page -3- 0 0 Page -4- B.1. a) Motion to remove'from table a motion to adopt proposed Ordinance No. 955 - City Planning Consultant (Exhibit 2). b) Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/C`ARRIED. i C) Council Membermoved to remove from the floor the motion to adopt proposed Ordinance No. 955 made b Council Members Markham and Chandler; seconded by Council Member f L_ ' d) Vote on motionr �� s VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD WILLIAMS MOTION: DENIED/ RRIED. 1. a) Council Member I moved to remove from the table a motion to approve the �1 first reading of proposed , "dinance No. 956 - City Planning Consultant (Exhibit 3); seconded by Council Member V b) Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK CHANDLER MARKHAM WATFORD L. WILLIAMS - � MOTION: DENIED/C RIED. C) Council Member moved to remove Council Members Markham and Chandler motions from the floor; seconded by Council Member f fi i ( ji_ f._ . ._ � l� r��"� Y ( (; G�` n._"I� ���1 � (✓ �--%_sLl�"" %�� r- � � � � � �1 b) Vote on motion to remo�ion frq_ + i�or. VOTE YEA NAY ABSTAIN ABSENT KIRK ��'�; L r�'r'. G CHANDLER ((' MARKHAM WATFORD _ L. WILLIAMS MOTION: DENIED/ ARRIED MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. -Ak L ij -40 uil %q0f*is�!S j 11 I I ICA, IX. -----NEW BUSINESS. ----- --jh ere is no item A). Use Map Amendments Text Amendments schedule; seconded by Council Member --FROM*-Vo-n-b-ay-,-Ku-qu-st-a,-20W, A —pp Fic-ati—on-Dea-d1irie- TO: Friday, December 29, 2006, cation Deadline lu VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM WILLIAMS VA I m 0 191 M I �wa all M AA M I �1 and ending Vote on motion. --------VOTE-- --------AEA--NAAL--DST AIN ABSENT KIRK MARKHAM MOTION: D. Council Member I-tjZffAj6L/ moved to adopt proposed Resolution No. 06-08 regarding an I- -I- - - I A . . . it .. - - activities - City Attorney (Exhibit 4). ---- ------- ---Vote-on motion. VOTE YEA NAY ABSTAIN ABSENT CHANDLER WATFORD MOTION: -- DENIED) LARIED. -----.Gofisidp-r.aWiovat-ofa-fu-n-d-r"i in-g-bo-o-t-66ve for the. Muscular Dystro"h Associatiopi"D t the- main intersection August 18 - 19, 2006 and August 25 - 26, 2006 - Glenn Hodges. X. MAYOR KIRK ADJOURNED THE MEETING AT P.M. 60 • p2ne, �5 pup'" - ---- --- - - --- L-ILMZL C4, 6f 'I- 0/(tJT! • u Page -1- Tape 1 side A 6:00 p.m. CITY OF OKEECHOBEE - August 15, 2006 - REGULAR CITY COUNCIL MEETING - HANDWRITTEN MINUTES CALL TO ORDER - Mayor: Kirk, August 15, 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Duane Eatmon, Treasure Island Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present Absent 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Robertson x x x X x x x x x x x x IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mayor Kirk presented Police Chief Denny Davis with a twenty year Longevity Service Award consisting of a two hundred fifty dollar check and a plaque which read: "Recognition of His Outstanding Service to the City and its Residents as an Employee of the City of Okeechobee for Twenty Years." Q Proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day". Mayor Kirk read the Proclamation in its entirety as follows: WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and self -concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities Fire Fighters throughout the state and across the nation have joined the Muscular Dystrophy Association for the past forty-five years in the fight against neuromuscular diseases; and WHEREAS, Okeechobee Fire Fighters collected $10, 800 throughout the community with their 2005 "Fill the Boot" campaign for MDA; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Day; and WHEREAS, it is appropriate for all Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do herebyproclaim September 11, 2006 as "Okeechobee Fire FighterAppreciation Day"and commend Okeechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association." Rec'd by Chief Smith, FF's Vinson, Fox, Hodges, McGee, C. Douglas, W. Douglas, and O'Cain. V. MINUTES - City Clerk. A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the August 1, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. • • VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X Page -2- L. WILLIAMS X MOTION: CARRIED. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. A unfinished to B public hearing. New business E to A. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. A. 1. a) Motion to read by title only, and adopt proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert Batton - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney Cook read proposed Ordinance No. 952 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. " 2. a) Motion to adopt proposed Ordinance No. 952. b) Public comments and discussion. c) Vote on motion. Mr. Elbert Batton, the applicant, contacted Clerk Gamiotea prior to the meeting and requested Alley Closing Application No. 81 be deferred until the September 6, 2006 meeting. The co -applicants were not advised of the situation with the Hamrick Estate and that once the city adopted the ordinance closing the alleyway, they would have to purchase the alley from the Estate in order to obtain a deed and clear title to the property. The Council agreed with the request. The only official action taken was to defer the reading and adoption of proposed Ordinance No. 952 until the September 6, 2006 City Council Meeting. B.1. a) Council Member Watford moved to remove from the table a motion to adopt proposed Ordinance No. 955 - City Planning Consultant (Exhibit 2); seconded by Council Member Williams. b) Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS MOTION: DENIE X ARR c) Discussion of motion to adopt proposed Ordinance No. 955 made by Council Members Markham and Chandler. Mr. Steve Dobbs, representative for the owner, submitted a written request to withdrawn the application. The project will be resubmitted as a Large Scale Future Land Use Map amendment for Cycle II-2006 Comprehensive Plan Amendments. Motion and second were removed from the floor. Council Member Markham moved to withdraw proposed Ordinance No 955 regarding Comprehensive Plan Future Land Use Map Small Scale Map Amendment No. 06-013-SSA as requested by the applicant• seconded by Council Member Watford. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X • • CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. Page -3- Vlll. UNFINISHED BUSINESS. A.1. a) Council Member Watford moved to remove from the table a motion to approve the first reading of proposed Ordinance No. 956 - City Planning Consultant (Exhibit 3); seconded by Council Member Chandler. b) Vote on motion to remove from the table. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X L. WILLIAMS X MOTION: CARRIED. c) Discussion of motion to approve the first reading of proposed Ordinance No. 956 made by Council Members Markham and Chandler. Mr. Steve Dobbs, representative for the owner, submitted a written request to withdrawn the petition. The project will be resubmitted after final approval by the City and DCA for a Large Scale Future Land Use Map amendment for Cycle II-2006 Comprehensive Plan Amendments. Motion and second were removed from the floor. Council Member Markham moved to withdraw proposed Ordinance No. 956 regarding Rezoning Petition No. 06-011-R as requested by the applicant; seconded by Council Member Chandler. Watford, appreciate the applicant working with us on this, think LM discovered part of the property is not in the application, & Clerk verified that was correct, this is much neater and will work together. Markham, agree with DW, more clean procedure than what they were trying to do. d) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. IX. NEW BUSINESS. A. Council Member Watford moved to approve a fund-raising boot drive for the Muscular Dystrophy Association (MDA) at the main intersection August 18 -19, 2006 and August 25 - 26, 2006 with the proper permits being obtained- Glenn Hodges; seconded by Council Member Williams. Watford, Firefighters do a good job, also would add the same stipulations we put on them everyyear, only adults collecting the money, and any other stipulations that Chief Davis may have regarding safety and traffic concerns. Mayor, right and this does not set precedence for other organizations. DW, right. LM, others asking for it? Thought they were the only ones? DW no others have asked and we or either staff turned them down. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X Page -4- MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. B. Council Member Watford moved to modify the Application Schedule for Cycle 11-2006 Comprehensive Plan Amendments (Future Land Use Map Large Scale and Narrative) FROM: Monday, August 28, 2006, TO: Friday, December 29, 2006; seconded by Council Member Williams. Watford isn't this a hardship on any others who knew about the other dates we'd set? Only one we know is InSite and he has been made aware of it. Why do we need to change the dates? Planner came up with these dates. If this is what the planner wants then and the applicant knows and it doesn't short change us. JK think we would need to know which one of these dates counts against us, approval date, have to make them aware of the new dates, logic would state it would but logic doesn't always work with DCA. Just need to be aware of the dates and if someone comes in. Need to know the dates. Have to change it no matter. VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. C. Council Member Chandler moved to ratify the appointment of Matt Vinson to the Firefighters' Pension Trust Fund Board of Trustees, term beginning October 1, 2006 and ending September 30, 2008 - City Clerk; seconded by Council Member Williams. Watford, Appreciate him being willing to serve. III!= : 1 i :11 1 a IN " * El INA 1:1 AM]= M, 00111111201:4 VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. D. Council Member Watford moved to adopt proposed Resolution No. 06-08 regarding an Interlocal Agreement between the City and County for CDBG funding pertaining to disaster recovery activities - City Attorney (Exhibit 4); seconded by Council Member Chandler. Attorney Cook read proposed Resolution No. 06-07 by title only as follows: "A RESOLUTION OF THE OKEECHOBEE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS, AND THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, FINDING THE APPLICATION CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S), DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AS THE LOCAL COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT." Brian, deadline for this 1.5 million grant is this Friday, Debbie Belchler acting on behalf of the county, 70 percent housing needs, 30 percent infrastructure needs. This is our 3'd interlocal grant, little different, discouraged housing, 70% this one, tape 1 side B no rental, home owners repair replace ment and possible relocate w/ buy out, having hard time to getting • • Page -5- housing down as it is, hard to get the contractors, new item in policy, applicants in city and county come for house replacement, flooding or other serious situation, wrote into the policy the option, not mandate on a case by case basis to buy out and relocate, pay different what they got and what it takes to get in, max 160, down side is local government is responsible for that lot, cannot put any type of structure could use for storm water pond or park, want you to be aware of this, we have one already we may bring to you as it is, that is the only thing that is new up'd replacements amount. Need interlocal to help anyone inside city, otherthing is the storm waterdrainage improvements $414,500 max to spend, county doing study prem but identified areas outside city, Brian suggested the SW 21" project, had to pick, looked at 3 projects, one from city, 2 other in county areas, engineers looked at country hills fit mostly, what I told the county commissioners I'll be putting the country hills in but put in that there are 3 and we're looking at all three, you have the capital improvement elements projects and think we could continue to look at all 3. Brian, funded nov - dec, immediately thereafter to start project? Two years to spend money release of funds not very difficult some environmental work to be done, should not be a problem to get that lease, engineering hired could be worked on to get DCA to approve the contracts, back ground studies or any other work not being paid for by the grant can be done. FEMA application ties into this somewhat. Engineer will need to take a look at all these projects so we don't make anything worse. LM, by naming these thing SW 71h Avenue ditch named all we can use? DB 21" street from 441 to 7`h avenue ditch. LM, Two ditches in separate areas, just wondering about the wording. DB Boundary line around country hills estates, others are harder since flooded area is not always what gets fixed, we'd call it the sw 21" street service area, hard to put anything in without engineering work, BW right, generally know water shed in southernly direction, 21" blocking area, then 71h avenue over to and perhaps relieve V avenue area for example. LM when we sign Interlocal how much input on this? BW most appropriate project? LM yes how much input will we have through the project areas? BW what DB is looking for at this time is the areas with flooding, some area addressed in the FEMA grant, want to keep 21" street project front and center so mentioned in summary/narrative in grant application, DCA has expressed to us if funding were available where would you use it? And WE keep that area front and center and DCA see's it and may be able to meet unmet needs funds. DB county hasn't locked country hills in there, we just have to have something. If its to expensive they will want to know where the other money is coming from and if its to small they think you don't need all the money. County will make the final decision but on the merits of the project, severity of the need, how many people area effected, all those factors would have to be considered. BW housing element, indicated at least 1 as part of application process, the buy out matter, how will that decision play through? City council will make that decision on a case by case basic. Because it would be an obligation you would be taking on. LM buy out and all were going to have is a lot there if that lot can be built up and put as some back on them. Lot of roads have gotten higher than house over the years. DB if we think ti was appropriate to do that and then you wouldn't have a buy out. Have to not create a ripple effect for the surrounding area for them to have the lots then flooded. If its not then you don't have to. LM don't like taking property off the tax roll. DW but your solving a problem. BW criteria for applications? Have to have at least 2005 hurricane damage or 04. We don't have a set aside money city vs. county we take them as they come. NC possible to upgrade area could you use any kind of money for that? Spend money to save a particular house or 2 or 3. DB some times we use money from other storm water. NC can also save money and house by redoing infrastructure. DW list of projects that qualify how will people know to apply application advertised, have deadline, etc. DW could help some of our citizens some where. JK would be nice to have continued say in the program but it doesn't sound like we can. Are we looking real close when approving permits? See housing going up and a lot of infill, know we got height on there? LM Engineers wont go any higher than what we got to A what is ours? Donnie R, 12 some go 18 due to health dept setting those. Page -6- VOTE YEA NAY ABSTAIN ABSENT KIRK X CHANDLER X MARKHAM X WATFORD X WILLIAMS X MOTION: CARRIED. X. MAYOR KIRK ADJOURNED THE MEETING AT 6:57 P.M. CITY OF OKEECHOBEE AUGUST 15, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 4 I. CALL TO ORDER - Mayor: August 15, 2006, City Council Regular Meeting, 6:00 p.m. • II. OPENING CEREMONIES: Invocation given by Rev. Duane Eatmon, Treasure Island Baptist 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 Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Eddings Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS. A. Recognize and present a longevity service award to Denny Davis for 20 years of service. B. Proclaim September 11, 2006 as "Okeechobee Fire Fighter Appreciation Day". AUGUST 15, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 4 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 1, 2006 Regular Meeting. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. • VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only and adopt proposed Ordinance No. 952 regarding Alley Closing Application No. 81, submitted by Elbert Batton -City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 952 by title only. 2.a) Motion to adopt proposed Ordinance No. 952. b) Public comments and discussion. c) Vote on motion. • CLOSE PUBLIC HEARING. Vill. UNFINISHED BUSINESS. A.1.a) Motion to remove from the table a motion to adopt proposed Ordinance No. 955 - City Planning Consultant (Exhibit 2). b) Vote on motion to remove from the table. c) Discussion of motion to adopt proposed Ordinance No. 955 made by Council Members Markham and Chandler. d) Vote on motion. AUGUST 15, 2006 - CITY COUNCIL AGENDA - PAGE 3 OF 4 VIII. UNFINISHED BUSINESS CONTINUED. B.1.a) Motion to remove from the table a motion to approve the first reading of proposed Ordinance No. 956 - City Planning Consultant (Exhibit 3). b) Vote on motion to remove from the table. c) Discussion of motion to approve the first reading of proposed Ordinance No. 956 made by Council Members Markham and Chandler. d) Vote on motion. IX. NEW BUSINESS. B. Motion to modify the Cycle II-2006 Large Scale Future Land Use Map Amendments and Text Amendments schedule FROM: Monday, August 28, 2006 Application Deadline Tuesday, October 24, 2006 Planning Board Tuesday, December 5, 2006 First City Council Public Hearing TO: Friday, December 29, 2006 Application Deadline Thursday, February 15, 2007 Planning Board Tuesday, April 9, 2007 First City Council Public Hearing C. Motion to ratify the appointment of Matt Vinson to the Firefighters' Pension Trust Fund Board of Trustees, term beginning October 1, 2006 and ending September 30, 2008 - City Clerk. D. Motion to adopt proposed Resolution No. 06-08 regarding an Interlocal Agreement between the City and County for CDBG funding pertaining to disaster recovery activities - City Attorney (Exhibit 4). E. Consider approval of a fund-raising boot drive for the Muscular Dystrophy Association (MDA) at the main intersection August 18 -19, 2006 and August 25 - 26, 2006 - Glenn Hodges. AUGUST 15, 2006 - CITY COUNCIL AGENDA - PAGE 4 OF 4 X. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. : WOW- ¢� Office of the Mayor. S� fighting fires is one of the most hazardous professions, requiring physical strength, sta Y x..ensive training, courage, and self -concern for the welfare of our citizens; and ; s 4.� AS,'in addition to their daily service to communities Fire Fighters throughout the state and a&bls F . . h w gation have joined the Muscular Dystrophy Association for the past forty-five years in theft against neuromuscular diseases; and REAS, Okeechobee Fire Fighters collected $10,800 throughout the community with their 2005 "Fill r - the Boor` `campaign for MDA; and x 'tHEREAS, the'Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their -support and dedication; and =WHEREAS, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education ' seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular Dystrophy Association is sponsoring Okeechobee Fire Fighters Appreciation Day; and WHEREAS, it is appropriate for all Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters.t a NOW THEREFORE, I; James E. Kirk, by virtue of the authority vested in me as Mayor of the Citji_ of Okeechobee, do hereby proclaim September 11, 2006 as "Okeechobee Fire Fighter . Appreciation Day" and commend Okeechobee Fire Fighters for their efforts on behalf of,,. -,,the Muscular Dystrophy Association. k .. ', ess whereof I have hereunto set fiy �` ha d and caused this be r James E Kirk, A� f r Attest: . Lane amiotea,;Cl1�l>_ Da r ='~ • The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763.-3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issue of L Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afffant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or. refund for the purpose of securing this advertisement r licatio�n in the said newspaper. Sworn to d subscrib before me this I� day of , ' r A.D. 20 Notary`Public, State of Florida at Large s • PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the Cry Council of the City of.Okeechobee, Florida will on Tuesday, August 15; 2006'at 6:00 p.m s or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of the following Ordinance into law: NO.952: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEY- WAYS AS DESCRIBED HEREIN, WITHIN BLOCK'92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; ANODIREC'FIN81HE CITY'CLERK TO RECORD THE ORDI- NANCEiN THE PUBLICRECOROSAW,THE CLERWOF THE CIRCUIT COURT IN AND'FOR OKEECHOBEE COUNTY, `FLORIDA;.PROVIDING FOR "AN EFFECTIVE DATE. The Orc anrl�is�e ardirl�Alley �Io inR �t Ilc�VosubinMe b er owner er on. a aPpp pa o s c ose e a ley runn ngg a o. es , between Lols 1'to 6, and 7 to 12'within Block 92,`CITY OF OKEECHOBEE, ac- cording to the plat thereof recorded In Plat Book 5; Page 5 of the public records of pOkeechobee oCfouuhnty, Florida. dd aattttee a� d h members red Orai lance mayebne �rispocte�ln tts enfret byiiQem ors of thsap u� lic in the Office of the Cltyy Clerk during regular business hours, Mon -Fri, Sam-44:30pm,,,eexc7elptfor hholidays.� E d �� Pdecisioo made b� ihe`CtyLGouncil IwdhOrespectai��riy m�attsconsidooe'an hearing, such interested person will need a record of' f the proceedings; and for such pu pose may need to ensure a verbatim record of 1pe proceedings is made, which record includes Ne 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. tt mmflfloo �thh F u IgB�c��r personswi tlisaDi esnneeding special accomAmo�a ion to parnicipatet in this proceeding should contact Lane Gamimea no later than two (2) wok ng days Prior to the proceeding at 863-763-3372 x215 if hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 QTY). tWOW MC, CITY CLERK • EXHIBIT 1 AuGusT 15. 2006 ORDINANCE NO. 952 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 92, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 81) from Elbert R. Batton for the closing of a certain alleyway as described in this ordinance to utilize the property for beautification and parking; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 92, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 15th day of August, 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 1st day of July, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk Page 1 of 2 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 15th day of Au ust, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor e0488P90414 1(>b4 w=1 Prepared B7 Return to- Docu WSYSMPiddInthe4=4 NELY & CONELY, P.A. $ 1 iS. M RW. CONELY,1% ESQUIRE ge c Tar paid in the amount ee Drawer 1367 of $ —a— Ok=Mbee, FL 34ML167 Shloti Robltt3on, Cklk d dReRCdet M Pa43-IS37 3S-0010-MO-0I10 @ye rAV1,Af). DA V� f WARRANTY DEED [Prepared without examination of title] THISVIRANTYDEEDmadethe13rdayofNovember,2002,byTHEODOREL. i KELCHNER, called"Grantor",tDnBFJtrk BATr0N,whvseaddressis2201 SW 2e Street, OkIc FL 34974, hereinaBer called "Cnantee': t, r, U---' 1 wed Ip ro" T.W ma .0 m. yam« a ai i.MW Ik hdA k0 V I, V MT SMH.fi� 'Ie Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, � whereof is hereby acknowledged,he Y ;�. 8•sells, alien, remises, Meases, M confirms unto the Grantee, all that certain land situate in Okeechobee County, Florida, AN UNDIVIDED ONE* INTEREST IN: Lots d I and 12,Block 9Z Oft Baocordrngtotheplatthereofreeordedin Plat Bodo S, Page S, publicf Okeechobee County, Florida. y the real property hereby conveyed is not the homestmd property of Crantor. Sub cdto restrictions, reservations and easements ofrecord, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2001. AND the Grardor does hereby fully warrant the title to said Ind, and will defend the saw against iawH claims of all persons whomsoever. INWPI7VM WHEREOF, the said Grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and defivered in presence: 1° ignatme THEODORE L FkDM 2062 SW 18* Lane y e0488 R10475 STATE OF FLORIDA BOUNTY OF OKEECHOBEE a I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State County aforesaid to take acknowledgments, personally appeared THEODORE L. Wq NER, who [ ] is personally known to me or [ ] Produced his Florida drivers license as ' and who exm*d the foregoing instrumed and he acknowledged before me that tion ame. my hand and official seal in the County and Stale last aforesaid this I S!f day ofNov�2.14 Owl UAW j N I.IC My Commission Expires: ,r 'J t� s� / leeCHoM cRECORD ARio TY fL 379972 WROVA Pit t k( $Rj'gom ROBl cTUN 30 Courthouse Plaza, LLCM 12450 NW South River Drive, Miami, Florida 33178 Tel: (305) 883-9878 Fax: (305) 883-9788 May 26, 2006 City of Okeechobee 50 SC 2nd Avenue Okeechobee, Florida.34972 Re: Courthouse Plaza - Signature Authorization To Whom It May Concern: I, Miguel A. Jimenez, Jr. am a managing member of the entity, Courhouse Plaza, LLC FEI #34-2043739 and have been a member since inception of 04/ 12/2005. I am also authorized to sign for this entity, Courthouse Plaza, LJ C. Please if you should have any questions or need any other information, I can be reached at (305) 883-9878. Sincerely, Plaza, LLC. State oflOn�tr.� — County of mom I' leaOG Sworn to (or affirmed) and subscribed before me this Q (ate _ day of 20 O (_.v, by ♦lay n� (Seal) +� CYNTNEA L. WALTZ MY 0OMMISSION' 0011W02 Y�Iew � EXPIRES: OctoberV- 200e 14300-1-NOTARY FL NWb y G m(.. R BanffiryfJ- Imo. Personally Know Or Produced Identification Z ti -T✓-• Notgry Signature Printed Name Type of Identification Produced: p�v J 0 ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: /1 1 r - _ L - L. (Legal Description) Bloom (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of 4j"ectStrEet/Alley) 4Jhl 7�) (Description of Subject Street/Alley) Signature of Property Owner Printed Name STATE OF E��C?►"1C� Cz COUNTYOF MUMI L zC"f- Signature of Property Owner Printed Name Sworn to (or affirmed) and subscribed before me this day of I- bg-&-zp -i 20 O0 by fyyq �, A Ji0"C' s )ice -- r (Seal) cvNrH� �. wa�Tz •?° c MY COMMISSION# DD 160202 NOta Signature ��uF moo°' D(PtRES: October 72. 2006 ///'��� 1 A003-NOTAPY FL Nolery Service 89onticng. Inc. 0/ 1 v� 0 - /` Printed Name l//A✓I� ` Personally known OR Produced Identification Type of Identification Produced os- 111111MEN CCux � �Ql,u� pf aza, AWL PJ:9� R.rL' /Q(l Do Ub Doamnd FMwed By sad Reba tm = N. 000 U, III, RSQaIRR COMY a COMY, F.A. 401 B.N. 6th a'TRS84 FOOT DRAM 1367 FL 34973-1367 raaafmx-15-37-35-0010-00920-0070 Warm* Deed FILE NUM 2005015072 OR OK 00559 PG 0708 SHARON ROBERT50Ne CLERK OF CIRCUIT COURT OKEECHOBEE COMM F1 RECORDED 07/07/2005 %*9!44 Ph RECORDING FEES 10.00 DEED DOC 700.00 RECORDED BY N Anuez ThisIadentari q&kdis _e day of July , 2005 AD., Between GEOFFREY F.Q nON and LINOS A. CAMERON, his wife of de copy of Garin `� , Stara of Georgia , grantors, and COURTHOUSE ^,�LLC, a Florida limited liability company whose aftm k 12450 of Poe a mty of Wdnesseth maacGanxlnRs 6 --------------------- ad other good od nb" wean gnafad, baked nail sdd to Poe said �*aid bd%hbEQM4Gf Oka Lots 7 and 8, Block 92, recorded in Plat Book 5, Florida. River Drive, Miami, FL 33178 Stain of Florida , grantee. 'DOLLARS ($10)----------------------- DOILARS, AxrOM is hmd paid by GRANIFB, the =W wbmd ii bm* Khnb%A We and GRAYM he®, m¢SM eod asdgav hMW, the founn &Maw hind, siwd; S- of Florida to wit OBER, according to the plat thereof 5, public records of Okeechobee County, Subject to restrictions, re�e .tions and easements of record, if any, which are not reimposed h,¢#��by, and taxes subsequent to December 31st, 2004. and the do bmby h4 waasm de dine to nd but and wM ddmd & az agrimt hw6d dims of a. peens whMMMM In Witness Whereo4 de grams have h=d. set dw hmds and seats de day awn year fait stove w&m. Signed, se&W and delivered In our presence: to `Q FILE NUM 2005015073 OR BK 00569 PG 0709 7D�oo SHM N ROBERTSONe CLW OF CIRCOIT COURT DKEEIbisDww=[ftepungidynWRd=to: RECO OGEE COUNTY FL RECOROIN O7/07J10.0 04:10:56 Ph TOM W. CDMT, M, U4� REID DOC FEES 10.D0 COMMY a CONW, P 3 OEEO DOC 401 H.A. 6th STRMU BY N A POST DRAM 1367 RECOR6EO BY tl Aeuez FL 34973-1367 �0 P,red ID N-15-37-35-0010-00920-0090 WarrO Deed ThisIndentalf dria 7th dayof July , 2005 AD., Between MAGDAL= DRW of die COMLy of Pa , Svc of Florida , grantor, and ii—aLm, C4E1t COIIRTBpTJ3S a Florida limited liability company P"C' — ,i ®bw ad&= it 12450 1South River Drive, Miami, FL 33178 v of fine ca" of Miami -Dade(? , Smte of Florida , grantee. 'WfineSW& thrtmeCilWNliOR, tionddEsomof --------------------- DOLLARS ($10)----------------------- MUM, and odw god and vabmbde in band Paid by GRNNfEF, go mapt Ancof is Wk ackanw� bas po14 barphW and sold b fie W and G6ANIEES bens, sari m and imp f new, Poe blown dmaobed lead, siM lymgandb®gmffieCbmtyof Oka Sufi; of Florida toWk Lots 9 and 10, Block 92,t� CHOBEE, according to the plat thereof in Plat Book 5, l;f 5, public records of Okeechobee County, recorded Florida. THE PROPERTY HEREIN C8 NOT CONSTITUTE THE HOMESTEAD PROPERTY OF GRANTOR. Subject to restrictions, reservations and easements of record, if any, which are not reimposed hereby, and taxes subsequent to December 31st, 2004. and & pow doe bmay fogy sem4an do fife to aaid mod, and m4 delmd & same agora WM dam of d pemrm wboouoc ¢ 0 Q ALLEY AND/OR STREET Gf OSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: n (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of thip alley and/or street described below: f a (Descriptio�o-SOjbject Street/Alley) ��1 � � u�e--► d 7 � �� �� sue; r� %c.� �, s� (De cription of S,?jbject Street/Alley) Signature of Property Owner Printed Name STATE OF COUNTY OF �-ni5 i 5 h+5 ,t`9RID�M th McD2't/✓U Signature of Property Owner r (y4-)V'e-v � i 11_]�rilrr< 1 ' p-,_0 Printed Name ��G? n SHELLY L BATTON MY COMMISSION N DD435473 ��OF Re�A EXPIRE: May 30, 2009 (407) 39"153 RW d. Notary S4rvk — 9 Sworn to (or affirmed) and subscribed before me`khis /v day ofITa 20 by % / 1 l� c�W1 'y --- (Seal) Seal) Sign re vL - kyrx. S;1f:-Li'LBATTON 1 A4WA Printed Name or«' i�-r Personally known OR Produced Identification _ Z Type of Identification Produced \� j TJ X0-0(" This Docament Prepared By and Return to: Thomas Si. Barber oIO;EtgIOBEE ABSTRACT & TITLE INSMANCE, INC. 207 NW 2nd Street Okeeah�ee, Florida 34972 811� 4711 � o ?am] ID 3-15-37-35-0010-00920-0040 :. toff ve Quitclaim Deed FILE HUM 2004011323 OR BK 00534 PG 1621 SHAM ROBERTSOHr CLW DF CIRCUIT COURT OKEECHOBEE MTYr FL RECffM 001/2004 12:03,23 Pn RECOROING FEES 10.00 DEED DOC 0.70 RECORDED BY C Seine This Quite eed, Madedtis 9th day of June , 2004 AD., Between RICHARD J.YU=yf SR. and SANDRA H. LASKEY, Co -Trustees of THE LASKEY REVOCABLE G TRUST of the comity of Ok , SMW of Florida , grantors, and BALDEHAR MEDDD ran,MARIA D . HEDRANO, his wife wbose address k 203 le6th Street, Okeechobee, FL 34972 of do Catmty of Okeecho � , state of Florida , grantees. WiinesSeth that the GRANTOR is rnasideratioo of the sum of ------------------- c`' OTEN DOLLARS ($10)---------------------- DOLIARS, and other good and valuable consi ` 0AN ORS in hand paid by GRANTEES, tlx receipt whereof is hereby acknowledged, have granted, bargained and quitclaimed iothe ANM and GRANTEES' heirs successors and assigns forever, the fvlfowing described land situate, lying and bung in the Counryof Okeeee State of Florida to wit: Parcel V-15-37-35-00W.— 20-0040 _ Lots 4, 5 6 6, Block 92, CHOBEE, according to the plat thereof recorded in Plat Book 5, 5, Public Records of Okeechobee County, ' • a Florida. {J� e,/ S The property herein conve}IES NOT constitute the HOMESTEAD property of the Grantor. Q: Subject to current taxes, easements and restrictions of record. THIS QUIT -CLAM DEED IS BEING RECORDED TO CORRECT THAT CERTAIN QUIT-CIM DEED RECORDED IN OFFICIAL RECORD BOOK 404, PAGE 428, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLOC=. To QBve and to Hold the one togcdw with aR and singular me awwatimm kr mto bebn&g or m tmywisc We tamimg, sad aff the estatA nA tide. mom, hen, egay and dam whams of Wvavt , either m bw, or erOt for dte use, kv,* and profit of the said gaaatees foram. lu Witness Whereof dz gtmm bm btaenain sa their hands and% / /1 and oe I S ~A- s mUA and dp.Hw rpA in our nrmarp! O�Y A0"' ? 404?90428 doe uy Stamps PW in the Imoum of 0 C41U C I Igi paid in Ift iOwnt ae Y-�149S Vat t J�JA 3-15=37-35-0010-00920-0040 fH -0 Twiffh It COW data Warrift Deed M Made pia 270 day of March 1998 AM.. Betweelft HCH40 J. and "RA H. MMY his We, 0f&C89JJq43fMM*CaH0wsagE sof Floridagrantors, Md B"E" D aW M4M A MORM0, his .mow aidrm is: 3282 SW 0MCHOW, Florida 34974 of de Qww of sag of FWda 9=tM. Wknendh thm & GRANTOIS. of de sum of ----------------------------- ----------------- --- & NOIIW$10.00) -------------------- OOLLARS. and oda good and vtla* cowduaw dw" M bwd PaW by GRANTM. ar mo* whaeof is bereby alinowkdged. tave p3mad. bulpimal and sold no de ad GRA GRANbeesEES' beud anigna borer. the lb%wmg dmaibed hai qwv- lying and being in doeConjay of 0KEE( SM of Florida ..a: Lots 4, 5, & 6, Block '92,-.,OKEECHOBEE, according of the plat thereof recorded in Platt,'t6ok 5, Page 5, Public Records of Okeechobee County, Flori*— Subject to restrictions, pol-407ations and easements of record, i '��V it any, and taxes s4 1998. 1 307333 AM& gum &bff&Yi* h wkM WW4 - 6e go= hm wtow 0 *'& hwu &M 0= limuffer. &41 Above wnwm Aft® M Misay. .349M ft&,,6 9 — (SCM v • c_ • ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following propery: U (Legal D:1scription) (Legal Description) and do hereby consent (agree) to the closing of FA B /10 C�-- 9 --'Sidhature of Pro} ert� Printed Name Description of escription of 4/y O LVT alley and/or street described below: rjec,V'Street/Alley) rn c✓ % yz, n w/ Y-hl ` )jectStreet/Alley) Signature of Property Owner c� Printed Name F`yP4 SHELLY L BATTON MY COMMISSION * DD435473 _ �Gf nplA EXPIRES: Msy 30, 2009 n/ (t07 &0153 RoftNOWySaN- STATE OF ✓ f �'�� 5 1/ %1v&' rLA kc-ed FL d ►�'s / COUNTY OF � Y J Sworn to (or affirmed) and subscribed before mel his day of b - Y (Seal) F`�y�� SHELLY L BA1 ION MY COMMISSIONr DD435473 _ otary Sig ure IlP EXPIRES: May 3B.4W9 /��� _ �Of M1� J � (b71 ygg-0,53 FiaMde NotMSw"IiCO1^ Printed Na Personally known j Type ofi. dentification Produced/a►r f ��1 lJ�� V� OR Produced Identification YP 00356 a..76 Dmnlanlaly Stamps paid In the am# d {bass c 11 itle Tax paid in the amemi of$ and A of qr aart date 1935 SE 3 1 st Obeechobe; 34974 %-'10 Fated ID. # 3. 3 5010-009204 . Dead made on MAR M - 80 fDr DD mj&m6A RIGM I ULSW 0�4� IL u=. se and Q&wm to maim j. Lum, a AND , his if. , &Z* Romig Rele ase SANDRAR ILMM, Tjfij�k or dwM== .m MK Under the LASM UVING 7RW dated end MdU" to meted, CMSM Mmary 20, M� and POW and to sa Of to km Flostabs,mEk- ,*Mbff lmd O&TAse manage and dispose of said red property described herein, mmM Vs _ ' 1 689,071, FloridaStamwhose addressis 1935 SE 31st Street, Okeechobee, Fonda �'thcir inter in and to the fallowing described real property 0,morih in the County of Okeechobee; LOTS 1, Z 3, 4, 5, and 6, BLO6& OKEECHOBEF, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, P*'-'MUC RECORDS OF OKEECHOBE COUM, FLORIDA. S�* "ed mW (Mvered iiNaijie JC- S �MRAUWY AMM PA"Nm � C). a5 tmem SS Nwikr: 016308121 _ Gix toe SS N®be; ✓ r}j} Pl d N.M.,.. 3.22-37-3541MO i30-0010 i05tt 3•15-37-35-01110-00920-0010 ' 1-1B-37-3&000-00001t-C120 WARRANTY DEED �x R nqw 550 Indenitae made this, day of Octaba, 19". BETWEEN t Y-0 - `< BIG NATIONAL BANK, a Florida backing cuipration, of 1409 S. Parrott va Okcechobee, Florida 34974 GRANfOti•, and N ^ f RICHARb .ASKEY®SANDRA H. LASKEY, his wife, of 607 S.W. 141h Stred, 0-�eechobce, Florida 34974 GRANTEE', ^;s WITNE WH, That tor. for and in consideration of the sum of TEN AND 001100'S ($10.00) Dollars and otha good and valuable t k to said grantor in hand paid by said grantee, the raeipt whereof is hereby ''>y acknowledged, has granted, bulWeH and sold to the grantee and grattee's heirs forever the follower described land located in the County of Okembol tate of Florida, to -wit > attached for legal description) Oacamellfa Stamm peldInthe amount Of Ctcr)cnlCir lCoull date and said grantor does hereby fully warrant the title to said 1will defend the same against the lawful claims of all pew whomsoever. llr *Singular and phcal are interchangeable as context requires. ' -- IN WITIVESS WHF,REQF_ , Grantor has hereunto set VwAoes hand and seat this day and year first above Written. BIG LAKE NATIONAL BANK Slrmrr�c i n ka / By: x� �/f(�� o.� ]OE C S' Presiderrt J :r COUNTY OF OKEECHOBEE : STATE OF FLORIDA''- load tw SOE G_ MULLINS. �3� A')O- , na Pe, &c ,. -t 4 Authorized Signature Typed Name & Title Phone No. Date &M- r _--- _Jan Non�ln,�. dcCf __ q C),7-�L`i-/w 6 a I 10 Authorized Signature Typed Name & Title (Y)COICUgkC Phone No. Date \j�l'LE2� orized Signature Typed Name & tle(f Phone No. Date -Ak Typed Name Title ;;q ft c Phone No. C. ,7,Jl 7613 3 /SY Z-zz-oL Authorized Signature Typed Name & Title Phone No. Date John A. Hopkins 555 Lake Border Dr. FLAPKA0305-3006 Apopka, FL 32703-5815 March 21, 2006 Ms. Shelly L. Batton Lakeview Builders, Inc. 200 NW 5th Street Okeechobee, Florida 34972 Dear Ms. Batton I am in receipt of your letter of February 22, 2006. Sprint -Florida, Incorporated has no objection to the closing of the alleyway which you describe in your letter and illustrate in the attachments. Please call me should further discussion be needed. Yours truly, KJohnpkins Real Estate Manager 407-889-1627 Page 3 Authorized Signature Date A hori ed Signature Date D:m e RjDat-9m, Rblic Vbrks Director J C�car Bm rbz, citrl3c er Typed Name & Title Typed Name & Title �- Wdthoriz6cf-Sig natuDate Febart Fetessm, I-biar Typed Name & Title -'FIRE DEI?ARTIVIENT �fac�-.*.dn�`.�}3"�4:5:sPn'fi=�it:�..,>t;'�'�•.. - Authorized Signature Herb 9hdth, Fire Chief Typed Name & Title X3 jc-1 1 Date r ut orizedlSain nature Dat WAt -oii-, city Pdcdnistrator Typed Name & Title 4PPLICATION APPROVED BY: ��- LA14E GAMIT EA, CITY CLERK j�1aA2 DATE Revised 413/03-LG J • • Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer -� Date: June 13, 2006 Re: Alley - Closing application from Elbert R. Batton. The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon subject City of Okeechobee Alley. In the approval of this Commercial addition the alley was consider a plus issue for drainage purposes. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. • may 1111111111111111cm1sasa:imp _CSX F � TRANSPORTATION �INCR�AlMf NW 7TH IT (100') 1 4 2 5 3 2 1 6 5 4 3 2 t 6 5 a 6 5 4 3 2 1 6 q 7 5 8 111 7. 8 9 111 78 9 111 - 7 8 9 1 111 6 9 NW BTH ST .f70�L =11110 �oonmmm o��m� ��aoo.000a�o ®Immm� IIa601�11�09) I O a r` p 5 3 2 1 6 5 a 3 2 t¢ 6 5 4 3 2 t 6 5 4 3 2 7 4 6 < 6 �S 9 17 7 8 91011 Z 7 8 9 111 7 13 9 It z3RD-IT = 1 4 2 5 3 - 6 5 4 3 2 7 65 6M.2 t Z it 8 7 8 91 11T 7 8 9 Ott' 7 8 9 0711 6 9 NW 2ND IT 70 M -7891 111 7891111 6 ALLEY CLOSING NO.81 SUBJECT ALLEY SURROUNDING CLOSEITALLEYS SURRciUNl3fNc3 CLOSED STREETS 1 6 5 I i H 4 w z I w ID IT 70 z 6 5 4 3 2 1 7 8 9 1 71 1 I NE 2ND IT I6 5 4 3 2 1 1 7897 111 S1,Y 4TH IT (10.01) t'TTT -M • is EXNIBIT 2 AUGuST 15, 2006 EXHIBIT 2 WILL BE PROVIDED BY THE CITY CLERK'S OFFICL>' EXHIBITS 2 AND 3 AUGUST 15, 2006 F pk i LL ss,se. MEMORANDUM TO: Mayor, Council Members, Attorney Cook, Administrator Whitehall and Planner LaRue FROM: Lane Gamiotea, City Clerk SUBJECT: Ord No. 955/06-013-SSA and Ord No. 956/06-011-R DATE: August 15, 2006 Attached is a letter from Mr. Steve Dobbs, representative for InSite Development. They are requesting to withdraw their Small Scale Application and Rezoning Petition from further action. The matter will be resubmitted for a Large Scale Application for Cycle II-2006. I reviewed with Attorney Cook the appropriate parliamentary procedure for these items. Please note the following as a guide to assist you during the meeting: For the Small Scale, after the item is removed from the table: Step 1 will be to have Council Member Chandler remove his second, and then Council Member Markham to remove his motion from the floor. Step 2 will be to entertain a motion to withdraw proposed Ordinance No. 955 and Comp Plan Amendment Application No. 06-013-SSA from the agenda as requested by the applicant. For the Rezoning, after the item is removed from the table: Step 1 will be to have Council Member Chandler remove his second, and then Council Member Markham to remove his motion from the floor. Step 2 will be to entertain a motion to withdraw proposed Ordinance No. 956 and Rezoning Petition No. 06-011-R from the agenda as requested by the applicant. Thank you! • • t August 15, 2005 Ms. Lane Gamiotea City Clerk City of Okeechobee 55 S.E 3 d Avenue Okeechobee, FL 34974 Job No.: 2006-202 Subject: InSite Development Group LLC. — Southern Trace Dear Ms Gamiotea: Please withdraw the Application No. 06-013-SSA requesting a Minor Comprehensive Plan Amendment and the Application No. 06-01 1-R to rezone for the parcels of land described in that application that was submitted by me on behalf of InSite Development Group, LLC. The owner's intent is to prepare an application for a Major Comprehensive Plan Amendment to cover the remaining parcels in this project to be included in the City's next cycle of submittals for Major Comprehensive Plan Amendments to Department of Community Affairs. Sincerely, Steven L. Dobbs Senior Project Manager Cc: Curt Lundberg (., „ri-? Y _:,.;t«"?J `'�Iic -! L::zt E s.!'P<`.. `aR✓„e� .�. >�-�? � � .. ._ � t�`,� ;fi�;';� . ! ,��.� '!ice _� .. ExtiIBIT 3 AUGUST 15, 2006 ExHIBIT 3 WILL BE PROVIDED BY 7HF. CITY CLERK'S OFFICL' . • EXHIBIT 4 AUGUST 15, 2006 RESOLUTION NO. 06-08 INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF OKEECHOBEE AND THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS A RESOLUTION OF THE OKEECHOBEE COUNTY, FLORIDA, BOARD OF COUNTY COMMISSIONERS, AND THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, FINDING THE APPLICATION CONSISTENT WITH THE LOCAL COMPREHENSIVE PLAN(S), DESIGNATING THE LOCAL COMPREHENSIVE PLAN(S) AS THE LOCAL COMMUNITY DEVELOPMENT PLAN, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE CERTAIN DOCUMENTS PERTAINING TO THE GRANT. WHEREAS, the Okeechobee County Board of County Commissioners (hereinafter referred to as the County) and the City Council of the City of Okeechobee (hereinafter referred to as the City) desire to improve the welfare of the citizens of Okeechobee County after the 2005 hurricanes; and WHEREAS, the County has decided to apply for a Community Development Block Grant (CDBG) to fund disaster recovery activities that will benefit residents of the City and unincorporated areas of the County; and WHEREAS, the City recognizes the benefits of consolidating the disaster recovery efforts instead of competing for a portion of the CDBG funds available to the entire County; and WHEREAS, the local comprehensive plan(s) encourage the provision of surface water management (storm water drainage) improvements, provision of standard condition affordable housing for low to moderate income income households, removal of dilapidated structures and repair of substandard housing, and other CDBG eligible activities, NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. The County will submit a $1,535,548.00 disaster/hurricane recovery Community Development Block Grant application to the Florida Department of Community Affairs (DCA) on or before August 18, 2006, which will include activities that benefit residents of incorporated and unincorporated areas. SECTION 2. The CDBG application is consistent with the local Comprehensive Plan(s), and the local Comprehensive Plan(s) together with the Local Mitigation Strategy will serve as the Community Development Plan. SECTION 3. The County Administrator is authorized to execute documents pertaining to the grant including but not limited to environmental certification(s), grant application and award agreement, grant modifications (if any), and responses to DCA monitoring, subject to appropriate action by the Board and public participation, if applicable. Page 1 of 2 • • INTRODUCED AND ADOPTED by the City of Okeechobee, this 151h day of August, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Page 2 of 2 CJ P INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF OKEECHOBEE AND THE OKEECHOBEE COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, the Okeechobee County Board of County Commissioners (hereinafter referred to as the County) and the City Council of the City of Okeechobee (hereinafter referred to as the City) desire to improve the welfare of the citizens of Okeechobee County after the 2005 hurricanes; and WHEREAS, the County has decided to apply for a Community Development Block Grant (CDBG) to fund disaster recovery activities that will benefit residents of the City and unincorporated areas of the County, and WHEREAS, the City recognizes the benefits of consolidating the disaster recovery efforts instead of competing for a portion of the CDBG funds available to the entire County, and WHEREAS, the local comprehensive plan(s) encourage the provision of surface water management (storm water drainage) improvements, provision of standard condition affordable housing for low to moderate income households, removal of dilapidated structures and repair of substandard housing, and other CDBG eligible activities, IT IS THEREFORE RESOLVED by the City and County that 1. The County will submit a $1,535,548 disaster/hurricane recovery Community Development Block Grant application to the Florida Department of Community Affairs (DCA) on or before August 18, 2006, which will include activities that benefit residents of incorporated and unincorporated areas, and 2. The CDBG application is consistent with the local comprehensive plan(s), and the local comprehensive plan(s) together with the local mitigation strategy will serve as the community development plan, and 3. The County Administrator is authorized to execute documents pertaining to the grant including but not limited to environmental certification(s), grant application and award agreement, grant modifications (if any), and responses to DCA monitoring, subject to appropriate action by the Board and public participation, if applicable. Resolved by the County on the 10th day of August, 2006, Resolution # Attest Chairman, Board of County Commissioners Clerk of Court • • Resolved by the City on the 15th day of August, 2006, Resolution #06-08 Mayor Attest City Clerk A-1 TAXI AND ALL COUNTY TAXI CORPORATION P. O. BOX 1692 OKEECHOBEE, FLORIDA 34973 BUSINESS OFFICE 'TELEPHONE: 763-8316 FAX: 357-1402 TO WHOM IT MAY CONCERN: FROM: RUTH G. KRIEG PRESIDENT/OWNER RE: RENEWING TAXI LICENSE When I went to renew the taxi license this year for 2006 - 2007, I left the completed forms and check for fees required and expected to be notified of the city council meeting where this renewal would be voted on. My husband and I have always attended that council meeting. But instead, I received a phone call from the occupation license department that I needed to pick up a new form due to the fact that there had been some changes made this year. When my husband went to pick up the forms he discovered there was a new requirement on this form to take to the police department for Taxi Inspection and that was a "Taxi Meter". A-1 Taxi has operated in Okeechobee for close to twenty-five years and has been owned by Ruth Krieg since 1990. We have never had a "Taxi Meter". The drivers keep a log as to their runs showing odometer reading at pick up and at drop off. I check these records to make sure charges are in accordance to the ones approved by the city council last year. Most of our clients are long time residents of Okeechobee and know the fee before they even call us. Ninety per cent of them hand the driver their money as soon as they get in the taxi. They are repeat riders and they are familiar with what the charge will be. They are repeat riders. We have never received a complaint as to our fees, which are posted on the visor of the vehicle, as is pictures of the drivers and our license to operate. To go to the expense of buying and installing a "Taxi Meter" would be cost prohibitive for s little business such as we operate. It is our understanding that to install a meter would cost between four and five thousand dollars and can only be installed and serviced in Orlando and/or Miami. This would cause us to have to pass this expense on to our clients who are mostly on fixed incomes. It would almost double the cost of the fees presently in effect. I have three drivers, two of which have been with me over eight years and the other for one and a half years. They all have been finger printed and had criminal back ground checks done on them as well as driver's license checks. They also have First .Aid/ CPR training, defensive driving and passenger assistance courses. They are also required to have physical examinations every two years. Our vehicle is inspected and serviced by Superior Muffler every three thousand miles. I don't understand why at this point in time we suddenly need a "Taxi Meter' and I would hate to have to relocate my business to an office in the county just in order to keep operating. I also own and operate R G K Transport, which does the community transportation for Okeechobee County and the City of Okeechobee. We have never had any complaints as to our operation of that business nor have we had any complaints to our operation of A -1 Taxi. In fact appmximately three years ago, at a big convention in Orlando, Fl., we were awarded the "Transporter of the Year" award for the whole state of Florida. Actually, the drivers work out of the vehicle in that they take their own phone calls via Nextel. They do a complete safety check of their vehicle before starting out of a morning and anything found needing attention, the driver takes the vehicle immediately to Superior for repair. At the end of the day they turn in their daily logs and monies to me. I work from my home for doing this paper work and then scud the paper work once a week to my accountant in Coral Springs, Fl. There is no office per se, as the drivers are not in need of one, but I have always maintained a one room type place for them to drop off their paperwork. I feel that requiring the purchase of a "Taxi Meter" for a town the size of Okeechobee is an unreasonable requirement in that the purchase cost would have to be passed along to the clients and they are accustomed to their usual charges. Many of them have budgeted their monthly incomes for transportation to the Laundromat, grocery, doctor visits, etc. and this would present a burden on them. I would appreciate re consideration of this item. Sincerely, Ruth G. Krieg Owner/Manager "j JULY 19, 2005 - REGULAR MEETING - PAGE 2 OF 15 2 9 9 1 1 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the week of September 1 -11, 2005 as "Okeechobee Fire 300 communities with their2004 "Fill the Boot" campaign for MDA, again making them MDA's largestsource Fighter Appreciation Week" continued. of funding; and Whereas, the Muscular Dystrophy Association is extremely grateful to the Okeechobee Fire Fighters for their support and dedication; and Whereas, the funds collected by the Okeechobee Fire Fighters assists MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and Whereas, in honor of the efforts of the Okeechobee Fire Fighters, the Muscular DystrophyAssociation is sponsoring Okeechobee Fire Fighters Appreciation Week; and Whereas, it is appropriate for all City of Okeechobee citizens to join the Muscular Dystrophy Association in this tribute to our Fire Fighters. NOW THEREFORE,1, James E. Kirk by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim September 1 through' September 11, 2005as "Okeechobee Fire FighterAppreciation Week"and commend 0keechobee Fire Fighters for their efforts on behalf of the Muscular Dystrophy Association."The proclamation was presented to Sandra Ingram, Karl Holtkamp, Ricky Jones, Jim Fusco and Adam Crum. Mayor Kirk added, on behalf of the City, we appreciate all you firefighters do in this direction. Mayor Kirk then stated with no objection, he had been asked to move the request for the e • v d0t to this part of the meeting. There were no objections stated. Association (MDA)_at the main intersection on August 26 through 28 2005 with the same stipulations as last �. year, that there are only adults collecting the monk and any other stipulations that Chief Davis may have regarding safety and traffic concerns; seconded by Council Member Markham. VOTE KIRK - YEA. CHANDLER - YEA MARKHAM - YEA WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. • CITY OF OKEECHOBEE General Services Department 55 SE 3' Avenue, Room 101 Okeechobee, FL 34974 Phone: 863-763-3372 ext. 217 Fax. 863-763-1686 DATE DATE ISSUED: EXHIBIT 7 JULY 19, 2005 APPLICATION NO: DATE(S) OF EVENT: �nnjl _I „ f, . A. FEE:.1�9 DATE PAID: TEMPORARY PERMIT APPLICATION ��..,-.. r�.w.,.,ew ew Croc �rr�ooc fl r1R Ccc RR4.d► Name of Property Owner(s): tM N PM,�4 n.�e Address: f- v Telephone Numbers: Home: Work: Mobile/Cell: Pager. aName of Applicant Q Address: Telephone Numbers: Home: Work: Mobile/Cell: _ Pager. Future Land Use Map Designation: Current Zoning Designation: cgo 1 Legal Description of Property: i3, , Address of Property r Please Explain Type of Use: Briefly describe use of adjoining property: 13�w North: East C-- a. 0 I South: oM r West: a Attach the following documents: 1 _ Letter of intent outlining event(s) to take place. 2. List of vendor(s) participating, if possible. 3_ Proof of non-profit status, if applicable. 4. Notarized letter of permission, if applicant is not the property owner. 5. All debris is removed within 48 hours of expiration of permit 6. Proof of liability insurance paid in full for length of permit in the amount of $1 Million per occurrence. The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to all requirements of the City Licenses and Business Regulations, which shall include in each instance proof of insurance coverage for the use permitted by the City in such amount as required by these regulations. Christmas tree, fireworks and similar seasonal sales operated by a non-profit organization. Carnival, circus or fair in commercial or industrial districts_ Similar temporary structures where the period of use will not exceed 30 days a year. Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. Remove ail debris within 48 hours of expiration of permit Have notarized written permission of property owner, if applicant is not the property owner_ Please note that if you intend to use any portion of a City street or sidewalk a separate permit will have to be granted by the City Council. I hereby certify that the information on this application is cored The information Included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to thirty days and may result In the summary denial of this application. Signature of ApFpllcant Date nal and/or to License Verification: te: Fire Dep ent al: ate: _ V/ Pofice De Date: Public Works D artment Approval: Date: 7 3 OS S Building Inspector Approval: N I Date: I r l fl City Administrator Approval: Date,/ Revised 0312=3 • • • PHILADELPHIA INSURANCE COMPANY ONE BALA PLAZA SUITE 100 BALA CYNWYD, PA 19004 SCHEDULE A SCHEDULE OF ORGANIZATIONS MUSCULAR DYSTROPHY ASSOCIATION, INC. POLICY # PHPK076182 WITH RESPECTS TO WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US. AMENDMENT - SEPARATION OF INSUREDS (CG2404) ACOSTA AHOLD ALBERTSONS ANHEUSER-BUSCH, INC. CITGO PETROLEUM CORPORATION (INCLUDING DEALERS & JOBBERS) DECA DR. PEPPER / SEVEN UP ERA REAL ESTATE HARLEY DAVIDSON MOTOR COMPANY, INCLUDING DEALERS AND HOG CHAPTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS KAPPA ALPHA ORDER THE KROGER COMPANY NATIONAL ASSOCIATION OF LETTER CARRIERS (NALC) NATIONAL CHILD CARE ASSOCIATION NATIONAL COALITION OF ASSOCIATIONS OF 7-ELEVEN FRANCHISEES (INCLUDING ITS MEMBERS) NON -UNION FIREFIGHTERS SAFEWAY 7-ELEVEN TALL CEDARS OF LEBANNON OF NORTH AMERICA � 1 i JULY 13, 2005 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non -for profit organization, to hold a fund raising boot drive for the MUSCULAR DYSTROPHY ASSOCIATION On August 26, 27 and 28`h 2005. Thank you, W eens Representative JULY 13, 2005 To Whom It May Concern: This letter is authorizing Okeechobee County Fire Rescue, a non -for profit organization, to hold a fund raising boot drive for the MUSCULAR DYSTROPHY ASSOCIATION On August 26, 27 and 28`h 2005. Thank you, F,, Representative