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2006-10-17 Regular MeetingCITY OF OKEECHOBEE OCTOBER 17, 2006 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION I. CALL TO ORDER - Mayor: October 17, 2006 Regular City Council Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Reverend Randy Huckabee, First Baptist Church Okeechobee; 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of November 2006 as National Hospice/ Palliative Care Month. PAGE 1 OF 11 In the absence of Mayor Kirk, the October 17, 2006 Regular City Council Meeting was called to order at 6:00 p.m. by Mayor Pro-Tempore Watford. There was no objection stated for Council Member Watford to chair the meeting. The invocation was offered by Pastor Huckabee of First Baptist Church Okeechobee; the Pledge of Allegiance was led by Mayor Pro-Tem Watford. City Clerk Gamiotea called the roll: Absent Present Present Present Present Present Present Present Present Present Present Present Mayor Pro-Tem Watford proclaimed and read the following proclamation for National Hospice/Palliative Care Month in its entire: "WHEREAS, Hospice and Palliative Care provides patients and families the highest quality care during life -limiting and at the end of life, through pain management and symptom control, care giver training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed care givers, and WHEREAS, last year, more than 1.2 million Americans living with life -limiting illness, and 1 OCTOBER 17, 2006 - REGULAR MEETING - PAGE 2 OF 11 643 IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of November 2006 as National Hospice/ Their families, received care from the 4,000 hospice and palliative care programs in communities throughout the United Palliative Care Month continued. States; and WHEREAS, professional and compassionate hospice staff - including physicians, nurses, social workers, therapists, counselors, health aides, and clergy- provide comprehensive care focused on the wishes of each individual patient, and WHEREAS, more than 400,000 trained volunteers contribute 18 million hours of service to hospice programs annually, and WHEREAS, providing high -quality hospice and palliative care reaffirms our belief in the essential dignity of everyperson, regardless of age, health or social status, and that every state of human life deserves to be treated with the utmost respect and care; and WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals. NOW THEREFORE, 1, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City of Okeechobee, do hereby proclaim November 2006 as "NATIONAL HOSPICE(PALLIATIVE CARE MONTH, "and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs." The Proclamation was presented to Linda Creech - Funk on behalf of Treasure Coast Hospice's in which she stated, "appreciate everything you do and the support we V. MINUTES -City Clerk. get from the residences of Okeechobee." 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 October 3, 2006 Regular Meeting. October 3, 2006 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on agenda. today's agenda. Gill Culbreth's appreciation letter was read in its entirety as follows: "I would like to express my appreciation to the City Police and Fire Departments for their quick response to our recent fire incident. As you know, this building has historical and sentimental value to my family and the community. Because of the dedication and team effort of many men and women, our building was able to be saved. Sergeant Dawn Wendt was quick and responsive when she noticed the smoke comint out of the building. We give a special commendation to her. Please forward my heartfelt thanks to the departments." Delete New Business Item I. Add New Business Item "J" to discuss the Holiday Meeting schedule, Item "K' to consider the first reading for proposed Ordinance No. 960 and Item "U' regarding the Treasure Coast League of Cities meeting. OCTOBER 17, 2006 -REGULAR MEETING -PAGE 3 OF 11 VII. NEW BUSINESS. A. Consider amending the City Code to allow sale of hard liquor on Mr. Praful Mehta is the owner of U and V Discount, a retail store that sells beer, wine and alcohol. It is located at 515 Sunday - Praful Mehta, U & V Discount (Exhibit 1). South Parrott Avenue, Okeechobee. According to the City Code of Ordinances (Section 6-1 (a-d)), establishments which sell beer, wine or liquor may sell only beer and wine on Sunday's from 1:00 p.m. to 12:00 p.m. midnight. The only exception is when certain holiday's, being Independence Day and New Years Eve, fall on a Sunday, then beer and wine can be sold from 1:00 p.m. until 2:00 a.m. Monday morning. Mr. Melita is requesting that the Ordinance be changed to include the sale of hard liquor on any holiday that falls on a Sunday. He would also like the Council to consider allowing the sale for Sundays all year long. Police Chief Davis advised that the County Ordinance does not allow the sale of alcohol other than beer and wine on Sundays either. Following a brief discussion, the Council agreed not to make any changes to the Ordinance at this time and advised Mr. Mehta to notify his customers to stock up before the holidays or Sundays. B. Update regarding Okeechobee Utility Authority - John Hayford, Mr. John Hayford, Executive Director of the Okeechobee Utility Authority (OUA), gave a positive report of the Board Executive Director. meeting which was held that morning. He stated that there is developer interest and that there were two thousand seven hundred requests for water connections, of those, three hundred fifty have entered into agreements. The update on the progress of the Waste Water Treatment Plant was that Phase one is moving forward. They had received bids but were rejected, so they are planning to rebid this week and trim down the scope of the work. Regarding the ground water plant capacity, it was explained that it is at half capacity, being from 2.5 to 2.7 million gallons per day. A temporary pump with a permanent connection has been installed for the purpose of pumping water to the Water Treatment Plant during hurricanes. The intent is to have a permanent pump within six to nine months. The OUA Board Meetings for November are scheduled for the 7`h and the 14`h. Mr. Hayford offered to report back to Council after the November 10 meeting. C. Motion to approve a temporary street closing application by Council Member Chandler moved to approve a temporary street closing application by Okeechobee Main Street for Okeechobee Main Street for the Halloween Celebration - City Clerk the Halloween Celebration, October 31, 2006, 7:00 a.m. to 9:00 p.m. for the portion of Soutlnvest 2"d, 3`d and 0 (Exhibit 2). 11 Avenues between North arrd South Park Street; seconded by Council Member Markham. Council Member Williams asked Attorney Cook whether she should abstain from voting since she is employed by Okeechobee Main Street. Attorney Cook advised she did not have to abstain from voting since the request did not involve any type of gain or benefit. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. OCTOBER 17, 2006 - REGULAR MEETING - PAGE 4 OF 11 645 VII. NEW BUSINESS CONTINUED, D. Motion to approve a temporary street closing application by Central Council Member Chandler moved to approve a request by Central Elementary School to temporarily close Southwest Elementary School for their Annual Fall Festival - City Clerk (Exhibit 51' Avenue from Southwest 6`h Street to the end of the school property for their Annual Fall Festival on October 20, 3). 112006, from 4:00 p.m. to 8:30 p.m.; seconded by Council Member Williams. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. E. Motion to approve the purchase of police vehicles through the Florida Sheriff's Association Bid Award - City Administrator. Council Member Williams moved to approve the purchase of twenty-four police vehicles through the Florida Sheriff's Association Bid Award in the amount of nineteen thousand four hundred dollars ($19,400.00); seconded by Council Member Markham. Administrator Whitehall remarked that an invitation to match this bid will be sent to local dealers on the bidders list. Should any dealer be able to match the proposed bid the City will have the option to choose from those bids. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. F. Consider a request for a twenty percent parking reduction, submitted by New American Physical Therapy - City Administrator Council Member Markham moved to grant a request for a 20 percent parking reduction submitted for the New (Exhibit 4). American Physical Therapy Site located on Lots 15 through 18 of Block 15, City of Okeechobee Subdivision, as recommended by the Technical Review Committee; seconded by Council Member Williams. Administrator Whitehall explained that New American Physical Therapy, submitted by property owner Muhammad Nooruddin and located at North Parrott Avenue and Northeast 12'h Street, was reviewed by the Technical Review Committee at the September 27, 2006 meeting and was recommended to the City Council to approve the reduction. The applicant has worked with the City to accommodate the parking situation by reducing the size of the proposed building and presented a site plan showing 40 parking spaces as requested. A current and anticipated parking load graph was submitted. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. OCTOBER 17, 2006 - REGULAR MEETING - PAGE 5 OF 11 VII. NEW BUSINESS CONTINUED. G. Consider a request for a twenty percent parking reduction, Council Member Williams moved to grant a request for a 20 percent parking reduction submitted for the MD-13 submitted by MD-13 Warehouses - City Administrator (Exhibit 5). Warehouses located on Lots 1 through 6 of Block 70, City of Okeechobee Subdivision as recommended by the Technical Review Committee; seconded by Council Member Chandler. Administrator Whitehall explained that MD-1 3Warehouses, submitted by Asmussen Engineering on behalf of property owner Roland Mossel, is a project for nine warehouse units located at the corner of Northwest 6`h Street and 71h Avenue. It was reviewed by the Technical Review Committee at the September 27, 2006 meeting and was recommended to the City Council to approve the reduction. The requirements were stringent so that all areas of use were covered such as retail sales and office spaces. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. H. Appearance in accordance with the September 29, 2006 settlement The litigation between former Police Officer Tommy Raulerson and the City, pending in the Federal District Court, was agreement between the City of Okeechobee and John T. Raulerson settled at mediation between the parties on Friday, September 29, 2006 in West Palm Beach. The City of `Tommy Raulerson" (Exhibit 6). Okeechobee maintained that it possessed a sound legal position in the litigation with a likelihood of success on the merits, but due to the uncertainties of litigation, it was in the best interests of each party to resolve the matter prior to trial; thus there is no acknowledgment in the settlement of liability on the claim by the City of Okeechobee. The terms of the settlement include the following: Payment on behalf of the City to Mr. Raulerson in the sum of $75,000.00, inclusive of attorneys fees and costs. A general release executed by Mr. Raulerson in favor of the City for all claims, and a dismissal of all pending litigation. A letter from the City which rescinds the previous letter of termination of Mr. Raulerson's employment, with an immediate written resignation from employment by Mr. Raulerson. The purpose of this is to permit Mr. Raulerson, if otherwise permitted by law, to reinvest certain funds into his retirement program he possessed priorto his termination. Mr. Raulerson will be permitted to be on the Gity Council agenda prior to November 1" or appear through counsel, to address the Council; no action by the Council will be taken on the appearance. Neither party shall disparage the other in any manner concerning the issues raised in the litigation. As part of the settlement, Mr. John T. Raulerson addressed the Council and read the following: "On September 2gh of this year, I decided to enter into an agreement with the City of Okeechobee regarding a lawsuit I had filed. This decision was a difficult one for me but after much discussion with my family, I had to decide exactly what it was that I had hoped to accomplish. Initially when I began this journey two years ago, I had hopes of being reinstated and to return to employment with the City of Okeechobee. But as time passed I realized that my return to the Okeechobee City Police Department was unlikely. At the August 2005 Council Meeting, City Attorney John Cook stated, `Is your client willing OCTOBER 17, 2006 - REGULAR MEETING - PAGE 6 OF 11 647 VII. NEW BUSINESS CONTINUED. H. John T. Raulerson - `Tommy Raulerson" continued. to undergo a hearing knowing in advance that he would not be reinstated?" It was at that time that 1 knew this was going to be a battle but I was determined to seek whatever course of action 1 could to be able to be heard and hopefully return to my position as Major. I was a member of the Okeechobee City Police Department for 12 years. Prior to joining the department, I was a member of the auxiliary. My last evaluation by the Chief of Police was in July 2004 and I received high marks. I was told that I put forth 100 percent for the Chief and the department. On September 23, 2004, I was fired because a FEMA official allowed me to take a surplus tarp that my in-laws were entitled to receive, two 5-gallon bottles of water, bugspray, handwash, and two tubes of toothpaste when I was doing Hurricane Charley relief work in DeSoto County. Tonight/ would like to state the facts and circumstances surrounding my investigation and outcome. In making these comments,/ will onlybe using information obtained from actual sworn statements, public records requests, sworn deposition testimony, and my own personal knowledge of events. My in- law's suffered roof damage from Hurricane Charley. They were never interviewed during the investigation regarding their need for the tarp nor was the co -director of the FEMA relief station. According to FEMA their home was located in the designated counties eligible for FEMA assistance thus making them eligible to receive a tarp. The day after Hurricane Charley passed through, my wife and 1 attempted to repair the roof. Two days after Charley, I volunteered to go to Osceola County to assist with the hurricane relief effort. The day after returning from Osceola County, I then volunteered to help with the relief effort in DeSoto County. While there, I was being informed by my wife about her parent's roof. No one would return their calls for service and water was coming into their living room. While in DeSoto County, myself and the other officers assisting with the relief effort endured mosquitoes and hot, humid working conditions. I was asked by Colonel Ladner of FDLE if 1 and our officers could possibly stay longer than a week. I' informed Chief Davis of Colonel Ladner's request. Following that request, Chief Davis obtained approval from the City Administrator and permission was granted to allow us to remain longer. We were never certain as to how long we were going to be needed. Two days after my arrival in Arcadia, I met the Co -Director of the FEMA relief station. 1 told him who I was and that/ was therewith several officers from the Police Department. We discussed Hurricane Charley and it was there I mentioned to him about myfather-in-law-s roof damage. He informed me that myself and the officers assigned to assist as responders were entitled to receive items from the relief station. He also said that -my in-law's were entitled to receive a tarp and gave me permission to take one. In the presence of several national guardsmen and in the light of the day, I with the assistance of Patrolman Brian Lowe, loaded a tarp into the back seat of my patrol unit. Within 24 hours of my return to Okeechobee this tarp was placed on the roof of my in-law's home. During the investigation 1 was accused of removing the last tarp from the relief station. But in the sworn statement of Officer Brian Lowe he states the following: "they had shipped the rest over they had left over to another station where there were people needing more tarps. I guess everybody there had kind of not asked for them anymore." There has never been a dispute about the location of this tarp since according to Captain Dale LaFlamm's report, it was personally viewed by Sergeant's Hill and Wilbur and Chief Davis. I would also like to mention that two Okeechobee Police Officers were Le • OCTOBER 17, 2006 - REGULAR MEETING - PAGE 7 OF 11 VII. NEW BUSINESS CONTINUED. H. John T. Raulerson -Tommy Raulerson" continued. assigned to the relief station two days prior to my arrival to the station. One Officer testified under oath that they were this no told they could take things. Obviously, I did not tell them because I wasn't there at that time. On my first dayback at work at the department, I reported the tarp and items that I and the other officers had received to Chief Davis. Chief Davis' recollection of when I reported the items to him is somewhat different from mine. He testified I told him the day after I returned, that I informed him while he was busy working at his desk. I actually informed him while riding in his patrol unit out to his home where he was going to show me the stucco work on his new home. I asked him the name of the person who did his work because my in-laws were having difficulty finding someone to repair their roof. In addition to myself and the other City Officers, the Okeechobee Sheriffs Department had dispatched officers to assist with the relief effort, also. I contacted Chief Davis to see if he could drive over to Arcadia to see the conditions we were working in. But the day that 1 contacted him he said he would not be able to come over because according to him he was with his Detective Sergeant out looking at lawnmowers. Later on I learned that both Sheriff Raulerson and Captain LaFlamm drove over to view the devastation and the working conditions of their officers. In sworn statements to Captain LaFlamm the two Okeechobee City Police Officers assigned to the relief station testified that they only took what they "needed." However, there was no mention of a tube of hemorrhoid creme that was placed into my bag as a joke. One officer told me 1 would find something funny in my bag. They only took what they needed? Not only was t mentioned in their sworn statements, one officer failed to mention the assistance he provided by helping me load the tarp. One former City of Okeechobee Officer testified under oath that he was --and 1 won't use the exact language he used —quote, "I'm a "blank" good cop; I know what intent is." This same officer, at his previous employment as a Wildlife Officer, while under oath, initially lied in an internal investigation concerning his conduct unbecoming a public employee. Another one of my accusers, prior to Hurricane Charley, had been summoned to appear before the Chief for lying to a superior officer. Two of my accusers, who were not present at all in DeSoto County, chose to go out of chain of command to City Administrator Bill Veach. One of these officers, who is no longer employed at the City, once admitted under oath to receiving free meals and beverages from a local business and then testified on behalf of the donor of these gifts. No disciplinary action was taken. This former officer was later promoted andhas since resigned from the Police Department following an internal investigation concerning confidentiality violations. The other officer who reported to Veach had issues with me concerning disciplinary actions involving him. Chief Davis testified in a deposition, August of 2006, that in October 2004 this same officer was investigated by FDLE for excessive use of force but was allowed to remain at work pending that investigation. And then there is former City Administrator Bill Veach. In July 2003, Mr. Veach sent a memo to all City employees concerning a proposed step pay plan. Chief Davis was away on vacation and since/ was second in command, several employees came to me with questions concerning this new plan. At the bottom of Mr. Veach's memo it said —and I quote, "if you have questions, please see me." I did just that and was told quote —it was none of my damn business. From that point on, Mr. Veach and I had conflicts. Captain Dale LaFlamm testified in a deposition that he had a conversation with Mr. Veach following my termination and that he told Mr. Veach that he thought the City messed up OCTOBER 17, 2006 - REGULAR MEETING - PAGE 8 OF 11649 1649 VII. NEW BUSINESS CONTINUED. H. John T. Raulerson - "Tommy Raulerson" continued. and may end up writing me a check. Mr. Veach replied, "We very well may have, we'll just write the check, at least we're rid of him." Tonight I want to make it perfectly clear that I have never denied receiving these items. According to FEMA and the sworn affidavit provided by the co -director of the relief station these items were entitlements not gifts. In the Florida statutes there is a definition of what are gifts and what are not gifts. It specifically lists food and beverages as being gifts. The acceptance of these items is found to be routine among some law enforcement agencies. Within 24 hours of my termination 1, through my attorney Jerry Bryant, requested a grievance hearing. I was told via letter from John Cook that Police Officers are not entitled to grievance hearings. During the October2004 City Council meeting my attorney relayed information to this council that a former City Officer, prior to being officially terminated, was granted a grievance hearing. Mr. Cook stated that he did not recall that. On September 1s' of this year, Mr. Cook signed a sworn affidavit stating that I was the first officer from the police department to ever request a hearing. In September 1993, according to the City Council minutes, Office Jo Eide appeared before the Council. She requested a Chapter 1121grievance hearing and was granted a grievance committee hearing. The minutes state that Mr. Cook was present and explained that, according to the Personnel Manual for the City, Officer Eide's request for a grievance committee hearing would be appropriate. At that time of her termination the Personnel Handbook containeda provision forgrievance hearings for City Employees and a separate provision for Police Officers according to statute. But there was no procedure in place. And in September2004 at the time of my termination there still was no procedure in place. In sworn depositions of two Council Members taken in August of this year it was revealed that some members were unaware that a procedure for a complaint review board was selected and adopted by the Chief of Police in September 2005. These Council Members testified that they had not ever seen this procedure. Their understanding was that the City Clerk was directed to research other agencies and their complaint review boards and bring the information back for the Council to review. According to the members of this Council who were deposed, this did not happen. In August 2005, this Council was told it was I that was holding up the process of a hearing. Following that Council Meeting I chose someone to serve on the complaint review board. My attorney notified the city of this in writing. Since there were no response, this letter was then followed up by a second letter, and then a third. In January 2006, almost 6 months later, Mr. Cook responded in writing, stating that the City had selected former Chief Mobley to serve as its representative. This was unfortunate. Not only was Mr. Mobley not qualified to serve according to state statute, but he had also approached a member of this Council and expressed his disappointment with this Council agreeing to grant me a hearing. My attorney and I tried for months to find someone who would be open minded and fair in this process. However, the City chose to select someone who had already openly expressed their negative opinion about my case. The City's handbook on page 39 states that a Department Head reserves the right to terminate for just cause. Four Council Members who were deposed in this action, along with the Chief of Police, testified that the City had to have just cause to terminate. 1 maintain and will always maintain that I did nothing wrong. I performed my job duty in DeSoto County. 1 received entitlements while I was there, along with other officers from 650 OCTOBER 17, 2006 - REGULAR MEETING - PAGE 9 OF 11 VII. NEW BUSINESS CONTINUED. H. John T. Raulerson - "Tommy Raulerson" continued. Request to address the City Council regarding the John T Raulerson case - William L. Hendry (Exhibit 7). across the state. But, to my knowledge, I am the only law enforcement officer in the state of Florida that was terminated for receiving FEMA entitlements. I was not treated fairly. Chief Davis testified under oath that prior to my termination he read Captain LaFlamm's report in addition to the transcripts of the sworn statements, and listened to the audio cd. When Chief Davis arrived at his deposition in August he brought with him Captain LaFlamm's report and transcripts of the sworn statements. During his deposition he acknowledged and identified the documents he reviewed prior to my termination, those being the report and the transcripts. Captain LaFlamm, in his deposition, stated that he did not prepare transcripts prior to my termination. The transcripts that Chief Davis identified and acknowledged were actually transcribed by my wife two weeks after my termination. My termination letter states that I was an embarrassment to the department, fellow officers, and the City of Okeechobee. By agreement, I am not allowed to make disparaging remarks concerning the present employees of the City of Okeechobee. With regards to what goes on inside and outside of the walls of the Okeechobee City Police Department, the information is out there. There are depositions that were taken in this action, sworn statements and affidavits of witnesses, and personnel files of past and present employees that are all public record and speak for themselves. i would urge this Council and the citizens of Okeechobee to research these documents that are available. Read them carefully and then you decide whether or not 1 was an embarrassment. I hope that as a result of this case, the City Council will review all policy and procedures of every department. The citizens of Okeechobee elected you to represent THEIR interests. I hope you will take that responsibility seriouslyso that other employees are not vilified as I was forcompletely unjustified reasons. My life as a member of the Okeechobee City Police Department is over. My plans were to retire with the City of Okeechobee. I had a spotless record. I served three Chiefs during my employment at the Okeechobee City Police Department and I was loyal to all three. I was proud to be an officer. I was proud of our new building. i was proud of our new car program. And/ was proud to serve the citizens of Okeechobee. Due to this termination, since lam no longer an officer with the Police Department, my youngest daughter lost her scholarship with the Skip Bryant Law Enforcement Memorial Scholarship Fund. In a span of four months in 2004,1 experienced the loss of my mother, the loss of my career, and the loss of a friendship. Tonight that is all behind me. My journey ends here. Is justice served/ No, not even close. But the decision to end this lawsuit and move on with my life is my choice." Mayor Pro -Tern Watford thanked Mr. Raulerson for his service with the City of Okeechobee. Mr. William L. Hendry requested his item be withdrawn from the agenda. 1 OCTOBER 17, 2006 -REGULAR MEETING -PAGE 10 OF 11 6 5 1 - in,. VII. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: J. Discuss the 2006 Holiday Schedule - City Council Member Markham moved to approve the proposed 2006 Holiday Schedule of the City Council Meetings. being November 7, 2006 at 2:00 p.m., and December 5, 2006 at 6:00 p.m. The November 21, 2006 and the December 19, Clerk. 2006 meetings will be cancelled: seconded by Council Member Williams. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: K.1. a) Motion to read by title only and set Council Member Williams moved to read by title only, and set December 5. 2006 as final public hearing date for proposed Ordinance No. 960; seconded by Council Member Chandler. December 5, 2006 as final public hearing date for proposed Ordinance No. 960, to vacate Northeast 14" Court in the Commerce Park - Attorney Cook. b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. c) Attorney Cook to read Ordinance No. 960 by title only. Attorney Cook read Ordinance No. 960 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE STREETS, RIGHTS -OF -WAY OR EASEMENT WITHIN THE OKEECHOBEE COMMERCE CENTER, BEING A PORTION OF LAND CONSISTING OF A CUL-DE-SAC LYING IN AND ADJOINING LOTS 17 THROUGH2O, OKEECHOBEE COMMERCE CENTER, AT ITS INTERSECTION WITH NORTHEAST 14M COURT, OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOFAT PLAT BOOK 7, PAGES 10 THROUGH 14, PUBLIC RECORDS OKEECHOBEE COUNTY FLORIDA, AND AS MORE PARTICULARLY DESCRIBED HEREAFTER; RESERVING UNTO THE CITY►TS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITY AND/OR DRAINAGE PURPOSES; 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 approve the first reading of proposed Ordinance No. 960. Council Member Chandler moved to approve the first reading of proposed Ordinance No. 960: seconded by Council Member Markham. 652 OCTOBER 17, 2006 - REGULAR MEETING - PAGE 11 OF 11 VII. NEW BUSINESS CONTINUED. K. 2. b) Discussion. The City of Okeechobee has initiated this street closing which consists of a cul-de-sac adjoining Lots 17 through 20 11 within the Commerce Center. Due to the location of the lots, being at the Eastern most terminus of the Center, the street closing will provide available accessibility, which will benefit the large scale land development of these lots. Note for clarification: Following the reading of the Ordinance, but prior to advertising it was discovered that Northeast 14" Court is actually Northeast 111h Court according to the original plat. Therefore, the correct street name is being editorially corrected. c) Vote on motion. VOTE KIRK - ABSENT MARKHAM - YEA WILLIAMS - YEA CHANDLER - YEA WATFORD - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: L. Discuss Treasure Coast Regional League Mayor Pro-Tem Watford asked whether anyone could attend the TCRLC meeting which was scheduled for of Cities Meeting - Administrator Whitehall. Wednesday, October 18, 2006, 10:00 a.m. at the Vero Beach City Hall? Since a Council Member could not attend, Administrator Whitehall offered to represent the City. VIII. ADJOURN MEETING - Mayor. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR PRO-TEM WATFORD ADJOURNED THE MEETING AT 7:08 P.M. The next regularly scheduled meeting is November 7, 2006 at 2:00 p.m. 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. r Tow —ling R. Watford, Jr. k0or Pro-Tempore ATTEST: Lane Gamiotea, CMC, City Clerk 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 Notice of City Council Meeting PO #013317 in the matter of City of Okeechobee Citv of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 10/12/2006 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. a. James A'1 Hughes, Jr., (Publisher) U Sworn to and subscribed before me this day of A.D. 2006 ----------------------------- --------------- CITY COUNCIL REGULAR MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Tuesday, October 17, 2006, 6:00 p.m., City Hall, 55 SE 3rd Ave, Run 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 appeal any decision made by the City Council with respect to any matter considered at this meeting, such interested person will need a record of the .proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes 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 FloridaStatute 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Gamiotea, no later than two (2) working days prior to the proceeding at 863-763-3372 x 214; if you are hearing or voice impaired, call TDD 1-800-222-3448 (voice) or 1-888-447-5620 (TTY). by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Publish: 10/122006 Okeechobee Times (SEAL) ` Notary Public Roseatee A. i3reItnan gIB./.PUB Commission#DD318483 _•. Q = Expires: Jun 25, 2008 9' -'r , Bonded Thru OF1 �,o Atlantic Bonding Co., Inc. Page -1- Tape 1 side A CITY OF OKEECHOBEE - October 17, 2006 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER -Mayor Pro-Tempore: Watford, October 17. 2006, City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Randy Huckabee, First Baptist Church: Pledge of Allegiance led by Pro-Tempore Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Aoseni 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 Rob,3rtson IV. PROCLAMATIONS AND PPESENTATIONS. A. Proclaim the month of November 2006 as National Hospice/Palliative Care Month - Mayor Pro- Tempore Watford read the proclamation in its entirety as follows: WHEREAS, Hospice and Palliative Care provides patients and families the highest quality care during life -limiting and at the end of life, through pain management and symptom control, care giver Training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and commitly,,d bare givers; and WHEREAS, last year, more than 1.2 million Americans living with life - limiting illness, aril their families, received care from the 4,000 hosp0e and palliative care programs in communities thrnag,�out the United States; and WHEREAS, professions i and compassionate hospice staff - including physician;., nurses, social workers, therapists, counselors, 17ealth aides, and clergy - provide comprehensive cart: focused on the wishes of each individual patient; an-d WHEREAS, more than 400,000 trained volurVaers ,contribute 18 million hours of service to hospice programs annually; and WHEREAS, providing high.-quaty hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, •health or social status, and that every state of human life deserves to cue treated with the utmost respect and care; and WHEREAS, hospice and palliative care providers encourage all people to learn more aboatoptions of care and to share their wishes with family, loved ones, and their healthcare professionals. NOW THEREFORE,1. Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City o; Okeechobee, do herebyproclaim November2006as "NATIONAL HOSPICE(PALLIATIVECARE MONTH", and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs.?L�, I / 1 P9 F"4t, 109 "A V, IV. MINUTES - City Clerk. t 1a,6VP_W6-a`, A. Council Member jkku I, Ii;i) moved to dispense with the reading and apYrove the Summary of C opnq'il Action for the October 3, 2006 Regular Meeti,ig; seconded by Council Member a Page -2- - - - VOTE YEA NAY ABSTAIN ABSENT - KIRK - - - CHANDLER _ - MARKHAM ---- - - - - -- - WATFORD L. WILLIAMS -LMARRIED. MOTION: DENIE V. AGENDA - Mayor.:. y (/�, - A. Requests for the addition, deferral or withdrawal of items on today s agenda. l' (T,#Add-to NewB1 isiness,-Item-#-1-- First-Read4-of- ©-rdinaaceto-vacate- N€ 14t1 Court-in-theCommercePark. -- - - - and Item - Holiday Calendar. VII. NEW BUSINESS. A. Consider amending the CiFy Code to allow sale of hard liquor on Sunday-_Praful Mehta, U & V Discount (Exhibit 1). let Id UA J - �J - - -- -- --------- ------ /)l - - - - TE AA AY BSTAI ABSENT Page -3- B. Update regarding Okeechobee Utility Authority - John Hayford, Executive Director. - _ - -- - -- - _ Page -4_ - -- C. Council Member moved to approve a temporary street closing application byOkeechobee Min �_Street for the Halloween _celebration -City Clerk (Exhibit 2); seconded by Council Member _ - Discussion._ - VOTE YEA NAY ABSTAIN ABSENT KIRK - CHANDLER _ ---MARKIiAM-- - - -- - - - WATFORD - L. WtLLIAMMS - - - - MOTION: DENIED/ ARRIEP. D. Council Member - __- _� 1 _ moved to approve a_temoorary_street closhg_appbcation by Central Elementary Scho I for thE;ir Annual Fall Festiva' - City Clerk (Exhibit 3); seconded by - Council Member- -( •�_� - - - VaTE- - YEA ---NAY T-AM- - - - KIRK CHANDLER - - - - - MARKHAM WATFORD L. WILLIAMS___ MOTION: DENIED/C RIED E. Council Member _..��,�..,m,A . moved to approve the purchase of police vehicles through -the-,�-bada Sheriff's Association Bid Award --C Administrator, seconded by Councrt--Member- -D_iscussio _. h ; l/tltj -llcl EtbtZ - �9 � rl ,�%Xi✓ , ikL.<`jw zi -- VOTE Y A NAY ABSTAIN ABSENT -- - - CHA"lDLER -- -- MARKHANC - WATFORD L. MLLIAMS - -MOTION.-DENIED/ IED.. -- -- %�u:t- Page -5- F. Consider a request for a twenty percent parking reduction, submitted by New American Physical Therapy - City Administrator (Exhibit 4). Discussion. ` (� L a I , � R VOTE YEA NAY;, ABST. I�NT���' KIRK CHANDLER ��?`"��`��"' MARKHAM �ulZ. G(l,/, 4 WATFORD) L. WILLIAMS r1, ED. MOTION: DENIEDY ARRI G. Consider a request for a twenty percent parking reduction, submitted by MD-13 Warehouses - City Administrator (Exhibit 5). Discussion. U f W VOTE YEA NAY AE KIRK------_ _..e_,_'____ _ CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIED/ R IED. Page -6- H. Appearance in accordance with the September 29, 2006 settlement agreement between the City of Okeechobee-and-John-T. Raulerson - Tommy Raulerson (Exhibit 6). - - ? r / _ &' - n J Jz.�- - n 17 #�4 41 - h 4., ta ,, r ' - r r �A' - - �- - eho_ - " fW f ell' tt, OIL fmo &"4,k llj�,) A IZZ ��, , - lu�JJ w6 �� Page -7- I. Request to address the City Council regarding the John T. Raulerson case - William L. Hendry (Exhibit 7). Page -k-g ITEM ADDED TO THE AGENDA: Discuss the 2006 Holiday Schedule. LAI Council Member moved to approve the proposed 2006 Holiday Schedule of the City /"w. mnwil iwr Kl---k— 7AAG wi n — wnd 1lwwwr..l.wr HAAC wr.l... VOTE YEA NAY ABSTAIN ABSENT CHANDLER MARKHAM WATFORD L. WILLIAMS MOTION: DENIE (A�RDRIED. Vill. MAYOR PRO-TEMPORE WATFORD ADJOURNED THE MEETING AT 9 C Df P.M. CITY OF OKEECHOBEE OCTOBER 17, 2006 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 CALL TO ORDER - Mayor: October 17, 2006, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Randy Huckabee, First Baptist Church; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Noel A. Chandler Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member 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. PROCLAMATIONS AND PRESENTATIONS. A. Proclaim the month of November 2006 as National Hospice/Palliative Care Month - Mayor. OCTOBER 17, 2006 - CITY COUNCIL AGENDA - PAGE 2 OF 2 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 3, 2006 Regular Meeting. A. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. MI. NEW BUSINESS. A. Consider amending the City Code to allow sale of hard liquor on Sunday - Praful Mehta, U & V Discount (Exhibit 1). B. Update regarding Okeechobee Utility Authority - John Hayford, Executive Director. C. Motion to approve a temporary street closing application by Okeechobee Main Street for the Halloween celebration - City Clerk (Exhibit 2). D. Motion to approve a temporary street closing application by Central Elementary School for their Annual Fall Festival - City Clerk (Exhibit 3). E. Motion to approve the purchase of police vehicles through the Florida Sheriffs Association Bid Award - City Administrator. F. Consider a request for a twenty percent parking reduction, submitted by New American Physical Therapy - City Administrator (Exhibit 4). G. Consider a request for a twenty percent parking reduction, submitted by MD-13 Warehouses - City Administrator (Exhibit 5). H. Appearance in accordance with the September 29, 2006 settlement agreement between the City of Okeechobee and John T. Raulerson - Tommy Raulerson (Exhibit 6). I. Request to address the City Council regarding the John T. Raulerson case - William L. Hendry (Exhibit 7). VIII. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal arty 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. office ice of the Maur tl Lnn echobee Florida �f L4EREAS, Hospice and Palliative Care provides patients and families the highest quality care during life I . ^.,.,g. �SR�: r• at nageme the end of life, through pain mant and symptom control, care giver training and. assist ylr , yr -emotional and spiritual support, allowing patients to live fully up until the final moments, surrounds j supported by the faces of loved ones, friends, and committed care givers; and EREAS, last,year, more than 1.2 million Americans living with life -limiting illness, and their families, receives care from the 4;000 hospice and palliative care programs in communities throughout the United States; and 'WHEREAS, professional and compassionate hospice staff - including physicians, nurses, social workers, therapists; counselors, health aides, and clergy - provide comprehensive care focused on the wishes of each individual patient; and WHEREAS, more than 400,000 trained volunteers contribute 18 million hours of service to hospice programs annually; and WHEREAS, providing high -quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health or social status, and that every state of human life deserves to be treated with the utmost respect and care; and WHEREAS, hospice and palliative care providers encourage all people to learn more about options of care and to share their wishes with family, loved ones, and their healthcare professionals. NOW THEREFORE, I, Dowling R. Watford, Jr., by virtue of the authority vested in me as Mayor Pro Tempore of the City of Okeechobee, do hereby proclaim November 2006 as "NATIONAL HOSPICE/PALLL1:r, V CARE MONTH", and encourage citizens to increase their understanding and awareness of care at the en' d of life and to observe this month with appropriate activities and programs. In wirivess whereofl have 6erenato _ band and caused this esl to he ' T Dowling R, Watford, ft , Ma ro etnpor . �. Attest: =`f '. Lane arniorea, City Clem' t x Date Oct ' µ r L e+eas= Nw_i 17, OCT-10-2006(TUE) 17:00 TREASURE COAST HOSPICES (FAX)772 403 4518 P 0011002 FAX FORM Date: \O�\o��\4 TREASURE COAST H O S P I C E 5 1201 SE Indian Street, Stuart, FL 34997 (772) 403-4500 Fax - (772) 403-4518 Time: Fax Number Called:—��i► 1��j—��4�� - Please Deliver To: k% r% From: C, cs D NOTES: CA ��,. e�:a•r\o►\ os �er� Q� `s TOTAL NUMBER OF PAGES SUBMITTED (Including Cover): IF YOU DO NOT RECEIVE ALL OF Ti1E PAGES OR HAVE ANY PROBLEMS OR QUESTIONS PLEASE CALL THE HOSPICE OFFICE AT M2) 403-4500. CONFIDENTIALITY NOTICE: THE DOCUMENTS ACCOMPANYING THIS TRANSMISSION CONTAIN CONFIDENTIAL INFORMATION WTENDED FOR A SPECIFIC INDIVIDUAL AND PURPOSE. THE INFORMATION IS PRIVATE AND PROTECTED BY LAW. IF YOU ARE NOT THE INTENDED RECIPM.TT. YOU ARE HEREBY No7uIM TH AT ANY DISCLOSURE, COPYING, DIMMUTION OR TAKING ANY ACTION ON THE FAXED INFORMATION IS S MCTLY PROHIBITED. PUASE CONTACT THE SENDER BANUMIATELY AND OBTAIN INSTRUCnONS AS TO THE ]DISPOSAL OF TI,IISINFORMATION. OCT-10-2006(TUE) 16:55 TREASURE COAST HOSPICES (FAX)772 403 4518 P 0021002 NATIONAL HOSPICE/PALLIATIVE CARE MONTH — NOVEMBER 2006 Celebrate the Faces of Caring It's About How You Live: Learn, Implement, Voice and Engage in improve care at the end of life Office of the Mayor City of Okeechobee PROCLAMATION WHEREAS, hospice and palliative care provides patients and families the highest quality care during life -limiting and at the end of life, through pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully up until the final moments, surrounded and supported by the faces of loved ones, friends, and committed caregivers; WHEREAS, last year, more than 1.2 million Americans living with life -limiting illness, and their families, received care from the 4,000 hospice and palliative care programs in communities throughout the United States; WHEREAS, professional and compassionate hospice staff — including physicians, nurses, social workers, therapists, counselors, health aides, and clergy — provide comprehensive care focused on the wishes of each individual patient; WEERE more than 400,000 trained volunteers contribute 18 million hours of service to hospice programs annually, WHEREAS, providing high -quality hospice and palliative care reaffirms our belief in the essential dignity of every person, regardless of age, health, or social status, and that every stage of human life deserves to be treated with the utmost respect and care; WHEREAS, hospice and palliative care providers encourage all people to leam more about options of care and to share their wishes with family, loved ones, and their healthcare professionals; NOW, TIEREFORE, be it resolved that I . Mayor of City of Okeechobee by virtue of the authority vested in me Okeechobee, Florida, do hereby proclaim November 2006 as National Hospice/Palliative Care Month and encourage citizens to increase their understanding and awareness of care at the end of life and to observe this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hands this 1" day of November, in the year of our Lord two thousand six and caused this seal to be affixed. EXHIBIT 1 OCTOBER 17, 2006 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3' Avenue Okeechobee, Florida 34974 MEETING: REGULAR SPECIAL O FAX: WORKSHOP O DATE: l0 4 -1 _ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATE DESIRED ACTION BY W,CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION COKCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF PRESENTATIO IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: zor SIGNED BY: DATE: l / 1 A) SS Southeast 3"Aven7m ExuIBIT 2 OCTOBER 17, 2006 Ci of Okeechobee F! ddo 34974 # 863.79�.os� Complete entire application with all applicable attachments and return to the Office of the City Clerk, The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should YOU request the side Name of Applicant Address Name of property Owner Address Street to be Closed Dates to be Closed Time(s) to be Closed TEMPORARY STREET AND SIDEWALK CLOSING 10UNOW Mill 5Mf7 - _7-11'r Today's Date �I 11t2ra";. +. { U lDE+iLY\ 9�- 5V:, "AwLtNI n oni -1 11% p 3-+-.'Zs06 0C Ism Ay(n 4 Phone(s) Phone(s) �4� Purpose of Closing f 1 D I Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. if it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any Items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) 'Clean-up is required within 24 hours. owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. vwNo donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are Inside consumption and outside consumption licenses. You must have the appropriate license. swThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. OrDumpsters and port -a -lets are required when closing the street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT Authorized. Signature Date ignature orized Signature ignature "Q lG Donnie Robertson, Public Works Director Typed Name & Title . 9erqv- Davis, Chief of Police Typed Name & Title cl&OeT 46 Herb smi t.b , Fire Chief Date Typed Name & Title /q`l()Brian. Whitehall , Cites . Administrator Date i yped Name & Title APPROVED/DENIED BY COUNCIL ON: Lane Gamiotea, City Clerk Typed Name & Title Revised 8/05/03 �IY� I C►osej .6f F60 P,�1 j F e 4 l vcij C SoLm Z NW 7TH AVE CD io,-1 V V IE NW 6TH AVE o CD LA m 1U (O i w O L N N N j N NW5THA' OD Ln cLn Z � a w o N ..• Q N . ---1 • Pa.rro-4 Prrertit c, 4DR-T4 MMMME ExmBIT 3 OCTOBER 17 2006 City ofyxeecnopee 55 Southeast X4 Avenue # Okeechobee, Florida 34974 * 863- 763-3372 Complete entire application with all applicable attachments and return to the Office of the City Clerk. The City Departments will be contacted to sign off on the application. The application is then forwarded to the City Council. You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk. There is a separate application should you request the sidewalk only. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicant r' "q` i.''i" ', .�p Today's Date lie Address '�1` Phone(s) 1-1 Name of Property Owner €� r Address Phone(s) Street to be Closed Dates to be Closed Time(s) to be Closed O0 r 4 Purpose of Closing .. Original Signatures of all residents, property owners and business owners affected by street closing stating whether they approve or object. This can be done on one list. Make sure if it is a business that the name of the business and owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications) Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications) Attachments If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service License if selling food. State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks) vwClean-up is required within 24 hours. owNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. u�N-No donations can be requested if any type of alcoholic beverages are served on private propertylbusiness unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. OwThe City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. v�rDumpsters and port -a -lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT Donnie Robertson, Public Works Director Authorized. Signa ure Date Typed Name & Title . Authorized Signature gnature ADMINISTRATION Sig CLERK'S OFFICE Signature Date Typed Name tip I itle Herb Smith, Fire Chief Date Typed Name & Title Occupational and/or State License Verified: Brian_ Whitehall, City 'Administrator Date i yped Name & Title 16viez0 Lane Gamiotea, City Clerk Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8105103 EXHIBIT 4 OCTOBER 17, 2006 Mo N o z rn U) N C 0 0 D aA U) Z a � =o m , b mov.D z oz� r �r.w a � k o � 4'CONCRETE MEDIAN U,S,HWY.441 N,— PARROTT AVE, g G 4 IE' ALLEY V/ 15' OUA CASEMENT C� D H Z y -1 < o =i Wli ti y Q DSS s < hh N� pC "1 A yy ti a = m f 1 C~ A A po N N mro W V N V$ a$ J • O O r py 'I p y (j 6 T � y t dllll�i 19,�hu�,�.J 9 -Il -a�p6 September 27, 2006 -TECHNICAL REVIEW COMMITTEE -PAGE 2 OF 5 AGENDA ACTION - DISCUSSION - VOTE IV. New Business. A. New American Physical Therapy. The application was submitted by Asmussen Engineering, LLC on behalf of property owner Muhammad Nooruddin. The property owner is proposing to develop a 9,000 square foot office/storage building to be used for physical therapy, office and storage supply to be constructed in a single phase. The subject property is located in City of Okeechobee Lots 15 through 18, Block 15 North on State Route 15 to Northeast 12`h Street, right, property is on the corner. Site Plan Review Application for New American Physical Therapy was submitted by property owner Muhammad Nooruddin. Property is located at North Parrott Avenue and Northeast 12`' Street. Legal description: Lots 15 through 18 of Block 15, City of Okeechobee Subdivision. The property owner is proposing to construct a two-story 9,000 square foot building to be used for a Physical Therapy Office and supply storage in a single phase. Mr. LaRue, LaRue Planning, was present and reviewed the Planning Staff Report, recommending Approval of the site plan once the following adjustment is made: 1. The applicant should provide one (1) additional parking space to meet Code requirements. Mr. Loris Asmussen, Engineer presented new site plan showing 40 parking spaces as requested by the City and LaRue Planing. Public Works Director Robertson inquired if there was another means of drainage instead of a french drain? Mr. Asmussen replied that we could rely on gravity, or a grated drain. Mr. Robertson said we would not want anyone parking on the drain. To accommodate the facility the swale could be paved. Engineer Bermudez stated that the water could be integrated before it hits the swale. Mr. Asmussen stated because of the fall he does not anticipate a problem. Director Robertson will work with Asmussen Engineer when they get the elevation. Mr. LaRue asked if the elevation was high? Engineer Bermudez stated it was six to seven (6-7) inches above the surface line. Parking was the next topic of discussion. Engineer Bermudez said that City Council would have to approve the on -street parking. Building Official Forbes replied that he does not like on -street parking, and that an option would be to get an agreement with New American Physical Therapy to provide the on -street parking later, if needed. Mr. LaRue stated that, that was a good point. Mr. Cook asked if the site plan needed to be resubmitted due to the drainage? Director Robertson replied no. Attorney Cook recapped the issues: recommend to City Council to approve on -street parking with a 20 percent reduction. September 27, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF 5 AGENDA IF ACTION - DISCUSSION - VOTE 11 IV. New Business Continued. A. New American Physical Therapy continued. B. MD-13 Warehouses. The application was submitted by Asmussen Engineering, LLC on behalf of property owner Roland Mossel. The property owner is proposing to construct 13 warehouse units on 1.03 acres of Industrial Property with infrastructure, in a single phase. The subject property is located in the City of Okeechobee, Lots 1 to 6, Block 70, corner of Northwest 6 `h Street and Northwest 7"' Street; East of railroad. Engineer Bermudez moved to approve the development of a 9,000 square foot office/medical storage building to be used for physical therapy subject property located in City of Okeechobee Lots 15 through 28, Block 15; seconded by Director Robertson. VOTE WHITEHALL - YEA FORBES - YEA DAVIS - ABSENT SMITH - YEA BERMUDEZ -YEA ROBERTSON - YEA MOTION CARRIED. Site Plan Review Application for MD-13 Warehouses was submitted by Asmussen Engineering on behalf of property owner Roland Mossel. Property is located at the corner of Northwest 6`h Street and Northwest 7rh Street; East of railroad. Legal description: Lots 1 to 6 of Block 70, City of Okeechobee Subdivision. The property owner is proposing to construct a 13 unit warehouse on 1.03 acres of Industrial Property with infrastructure, in a single phase. Mr. LaRue, LaRue Planning, was present and reviewed the Planning Staff Report, recommending Approval of the site plan once the following adjustment is made: 1. The applicant should provide one (1) additional parking space to meet Code requirements. Attorney Cook said that we have the revised drawing with 40 parking spaces provided. Engineer Bermudez said that they can use on -street parking, provided in the City right-of-way with 20 percent reduction. Attorney Cook inquired if Northwest 7`h street was available. Engineer Bermudez replied, no. Administrator Whitehall asked Mr. Asmussen if Secretary Clement called and asked for drawings of the facade of the building. Mr. Asmussen answered yes, but did not have it at this time. It will be provided when building plans are submitted. Mr. LaRue stated that as a conceptual stand point, we will require for future application. LANDUSE TOTAL 1.03 ACRES <45,000 SOFT.> iMERvTOUS E9,710 SQFt. 1 66,OY. BUILDING 111%9 SOFT. CONCRETE PARKING 16,739 SOFT. CONCRETE WALKS 1JD3 SOFT. PERVIOUS 14,763 SOFT. 34.0% DRY DETENTION 10,9E6 SOFT. GRASSED 3,037 SOFT. CONCRETE APRON 094 SOFT. OFF -SITE) LANDSCAPING RE'OUIRED IS TREES REQUIRED 15 PROVIDED 45 SHRUBS REQUIRED 56 PROVIDED REQUIRED 40 PARKING SPACES PROVIDED 40 PARKING SPACES 33 ON SITE, 7 OFF SITE R T H O Z E b A D to 2 D c p c C, C W z Ian's F� r• rm-aiTl o�Z �� Frm -0 7 ?o -z WOE ��c w rm rri umcn a u k NB Z Y � � If n V F LEGEND EXISTING ELEVATION 8 SHRUB ® PROPOSED ELEVATION • 6• DIAMETER CONCRETE FILLED TREE STEEL DOLLARD I--- I� DULLDDNG FOOTPRINT IANOICAP f••��' •. I PARKING-VALKS FLOW ARROW DRY DETENTION STOP SIGH 1,�, .,, ••:., ASPHALT SIDEWALK (EXISTING) NOTES, L CONTRACTOR TO BADE EAST SWALE TO DRAM REFER TO DETAIL SHEET (SECTION i-i) AS A GUIDE. 2. USE ELEVATIONS SHOWN WHERE POSSIBLE. FIELD ADJUST TO ACCONODATE FACILITIES. CONTACT ENGINEER WHEN IN INTENT IS UNCLEAR M ALL OMITS ARE Ir • MAXIMUM7W, NAXIMHEIGM IS 45'• 4, CONTRACTOR TO UTILIZE TURBIDITY CONTROL AS NECESSARY TO CONTROL TURBIDITY. ExHIBIT 5 OCTOBER 17, 2006 9 MVW wHwe N/WY AT N0.7 NM IfOA'ACR ItHO[R on - WT m fKTI m f f'1 � N yam calTMS MTCH y v '; .•.. 1TH StREET (TO ..' � : . 'STRIP P:2' SOP'STRIPS OP SIGN SWALE R25' HOTTVN 4T.-2-'!ToP DOUBt IN V&A mrNn_ STOP DOUBLE R25' o . • • S9NI62L s R _ BOTTOM OJEW. 27.5' MVD A _TA Hj; /F IT •. 4 d •1- •. ,t1 ./'r,T'No.2BOT OM CK WHITE p ' UNIT NO. 3' C:) C3 9•• ' UNIT N0. 4 fa RUI NlN ,Ff 32.25;•NGVD .�, � H,.r UNIT NO. 5• �J-+ •..d• FT--1' UNIT NO. 6 /Vd ` � , 6' THICK WHITE ROPERTY LI E'• CONCRETIYyP K UNIT NO, 7 •' f{ • !r, a UNIT NO. S. - • .I• ' I1 4• 2s4/ D CL. SWALE '. .1 U 3 D 9 4, 4 • iw • tw d • d H• CD LIFT STATION R25 R25' STOP SIGN : .•df .•, • d DOUBLE YELLOW STOP 56 ASPHALT SIDEWALK ExtsTvh I DOUR A UT An' FXI�Tll STOP STRIPE' "STOP StRIt3E cow AVFNENT EXISTING HYDRANT C11 ctA aob(-, YELLOW "wimp,_ �> September 27, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 3 OF 5 AGENDA ACTION - DISCUSSION - VOTE ii IV. New Business Continued. A. New American Physical Therapy continued. B. MD-13 Warehouses. The application was submitted by Asmussen Engineering, LLC on behalf of property owner Roland Mossel. The property owner is proposing to construct 13 warehouse units on 1.03 acres of Industrial Property with infrastructure, in a single phase. The subject property is located in the City of Okeechobee, Lots 1 to 6, Block 70, corner of Northwest 6 h Street and Northwest 7`h Street; East of railroad. Engineer Bermudez moved to approve the development of a 9,000 square foot office/medical storage building to be used for physical therapy subject property located in City of Okeechobee Lots 15 through 28, Block 15; seconded by Director Robertson. VOTE WHITEHALL - YEA FORBES - YEA DAVIS - ABSENT SMITH - YEA BERMUDEZ -YEA ROBERTSON - YEA MOTION CARRIED. Site Plan Review Application for MD-13 Warehouses was submitted by Asmussen Engineering on behalf of property owner Roland Mossel. Property is located at the corner of Northwest 6' Street and Northwest 7`' Street; East of railroad. Legal description: Lots 1 to 6 of Block 70, City of Okeechobee Subdivision. The property owner is proposing to construct a 13 unit warehouse on 1.03 acres of Industrial Property with infrastructure, in a single phase. Mr. LaRue, LaRue Planning, was present and reviewed the Planning Staff Report, recommending Approval of the site plan once the following adjustment is made: 1. The applicant should provide one (1) additional parking space to meet Code requirements. Attorney Cook said that we have the revised drawing with 40 parking spaces provided. Engineer Bermudez said that they can use on -street parking, provided in the City right-of-way with 20 percent reduction. Attorney Cook inquired if Northwest 7"' street was available. Engineer Bermudez replied, no. Administrator Whitehall asked Mr. Asmussen if Secretary Clement called and asked for drawings of the facade of the building. Mr. Asmussen answered yes, but did not have it at this time. It will be provided when building plans are submitted. Mr. LaRue stated that as a conceptual stand point, we will require for future application. AGENDA IV. New Business Continued. ber 27, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 4 OF 5 ACTION - J-; B. MD-13 Warehouses, continued. Fire Chief Smith asked about the sizes of the rooms, or if it will be built as a shell? Mr. Asmussen answered that there will be no interior walls in the initial building. Chief Smith also inquired as to the use. Mr. Asmussen stated that the building will be used as office space with incidental storage space. Chief Smith suggested that they keep in mind storage classification. Mr. Mossel replied he did not know what or who the space would be used for. Possible repair shop, etcetera. Chief Smith reminded Mr. Mossel that mixed used require different protection. Mr. Mossel stated that he would do whatever the code called for. Administrator Whitehall asked, referring back to the parking issue, if the parking reflected on the drawings could be moved further West and made perpendicular? The question was posed to Engineer Bermudez. Engineer Bermudez replied that he and Director Robertson talked about this and would like swales and sidewalk between building and parking. Director Robertson suggested that Northwest 7" Street be extended and asphalted to property line for turn around for the fire truck(s). Engineer Bermudez agreed. Administrator Whitehall asked about the parking and sidewalk. Engineer Bermudez replied that there should be a sidewalk on the East side of the property, also on the North side of the property. Administrator Whitehall stated that there should be a sidewalk on the North side or access to the parking. Engineer Bermudez suggested moving the parking more to the West to give more security to enter the building. Mr. LaRue said that there would be enough room for 90 percent of parking requirement. Mr. Mossel interjected that the store front will be on the East side. Building Official Forbes told Mr. Mossel that the handicap parking spaces would have to be moved to accommodate the store front. Building Official Forbes also stated that the elevation needs to be 12 inches above the crown of the road. Mr. Forbes said that he would need to see revised drawings to approve this project with so many conditions. September 27, 2006 - TECHNICAL REVIEW COMMITTEE - PAGE 5 OF 5 AGENDA ACTION - DISCUSSION - VOTE -11 IV. New Business Continued. B. MD-13 Warehouses continued. V. Adjournment - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. Attorney Cook, Chairperson ATTEST: Betty J. Clement Attorney Cook summed up the conditions: Extend the asphalt on NW 7`' Street to property line, perpendicular parking, provide sidewalk on North side, finish floor elevation 12 inches above the crown of the road, relocate handicap parking spaces, on -street parking with a 20 percent reduction approved by the City Council. Attorney Cook asked whether revised drawings addressing above items could be reviewed by Mr. Forbes, Mr. Bermudez and Mr. Robertson? All replied yes. Engineer Bermudez moved to approve MD-13 Warehouses to be sold as office space with possible warehouse space with water and sewer with all the contingencies listed above; seconded by Director Robertson. VOTE WHITEHALL - YEA FORBES - YEA DAVIS - ABSENT SMITH - YEA BERMUDEZ -YEA ROBERTSON - YEA MOTION CARRIED. There being no further items on the agenda, Chairperson Attorney Cook adjourned the Technical Review Committee Meeting at 10:30 a.m. 10/04/2006 06:42 8637637657 TOMMY-DEE RAULERSON EXHIBIT 6 OCTOBER 17, 2006 CITY OF OK,EECHOBEE (80) 763-3372 FAX (30) 763.1"6 AGENDA ITEM REQUEST FORM Pk = mall or, bring compkas4 (arm to: City of. Okeechobee City Administrator's Office 55 SE 314 Avenue Okeechobee, Florida 34974 NAME: auleyson ADDRE55:� ,L- 3 FAx _-7 7 (A 57 MLLTNG: REGULAR QY SPZCiAL D WORKSROP O I DATE: 10 —j STATE THIC rrgtA yOII WISll,70 HAVE PL.ACBv OP( THE CITY C9UNC 1F AG UA: PLEASE STATE wuAT DEPARTI INT(S) YOU HAV L vtORIMI) WITJI THUS FAR PLXAS6 STATE DWIA CD ACTION BY T= CITY COUNCIL: rLLASZ SU1MiMAIME MATVSNT INFORMATION CONCEILNING YOUR REQUEST AND ATTACK AMIACABLE DOCu:MMTS: 9 PRESRNTATIO14 IS TO BE EIADE, PLEASE STATE ]TOW MUCJI TAIL YOU ARE REQUESTINCG: SIGNED DATE: &/,/,91 nr _ PGO1 CO) CnOiv4jJ aahnil-aayn rr Airi -r,ni l7hi loll 117-Cn_�'ni On September 29th of this year I decided to enter into an agreement with the city of Okeechobee regarding a lawsuit I had filed. This decision was a difficult one for me but after much discussion with my family, I had to decide exactly what it was that I had hoped to accomplish. Initially when I began this journey two years ago, I had hopes of being reinstated and to return to employment with the city of Okeechobee. But as time passed I realized that my return to the Okeechobee City Police Department was unlikely. At the August 2005 council meeting city attorney John Cook stated, "Is your client willing to undergo a hearing knowing in advance that he would not be reinstated?" It was at that time that I knew this was going to be a battle but I was determined to seek whatever course of action I could to be able to be heard and hopefully return to my position as major. I was a member of the Okeechobee City Police department for 12 years. Prior to joining the department I was a member of the auxiliary. My last evaluation by the chief of police was in July 2004 and I received high marks. I was told that I put forth 100 percent for the chief and the department. On September 23, 2004 I was fired because a FEMA official allowed me to take a surplus tarp that my in-laws were entitled to receive, two 5-gallon bottles of water, bugspray, handwash, and two tubes of toothpaste when I was doing Hurricane Charley relief work in. Desoto County. Tonight I would like to state the facts and circumstances surrounding my investigation and outcome. In making these comments, I will only be using information obtained from actual sworn statements, public records requests, sworn deposition testimony, and my own personal knowledge of events. My in law's suffered roof damage from hurricane Charley. They were never interviewed during the investigation regarding their need for the tarp nor was the co -director of the FEMA relief station. According to FEMA their home was located in the designated counties eligible for FEMA assistance thus making them eligible to receive a tarp. "The day after hurricane Charley passed through, my wife and I attempted to repair the roof. Two days after Charley, 1 volunteered to go to Osceola County to assist with the hurricane relief effort. The day after returning from Osceola County, I then volunteered to help with relief effort in Desoto County. While there, I was being informed by my wife about her parent's rool'. No one would return their calls for service and water was coming into their living room. While in Desoto County, myself and the other officers assisting with the relief effort endured mosquitoes and hot, humid working conditions. I was asked by Col. Ladner of FDLE if I and our officers could possibly stay longer than a week. I informed Chief Davis of Col. Ladner's request. Following that request, Chief Davis obtained approval from the City Administrator and permission was granted to allow us to remain longer. We were never certain as to how long we were going to be needed. 'Two days after my arrival in Arcadia, I met the co -director of the FEMA relief station. I told him who I was and that I was there with several officers from the police department. We discussed hurricane Charley and it was there I mentioned to him about my father in law's roof damage. I-Ie informed me that myself and the officers assigned to assist as responders were entitled to receive items from the relief station. He also said that my in law's were entitled to receive a tarp and gave me permission to take one. In the presence of several national guardsmen and in the light of day I, with the assistance of Ptl Brian Lowe, loaded a tarp into the backseat of my patrol unit. Within 24 hours of my return to Okeechobee this tarp was placed on the roof of my in-law's home. During the investigation I was accused of removing the last tarp from the relief station. But in the sworn statement of officer Brian Lowe he states the following: '-they had shipped the rest over they had left over to another station where there were people needing more tarps. I guess everybody there had kind of not asked for them anymore." There has never been a dispute about the location of this tarp since according to Captain Dale LaFlamm's report, it was personally viewed by Sgt's Hill and Wilbur and Chief Davis. I would also like to mention that two Okeechobee police officers were assigned to the relief station two days prior to my arrival to the station. One officer testified under oath that they were told they could take things. Obviously I did not tell them because 1 wasn't there at that time. On my first day back at work at the department I reported the tarp and items that I and the other officers had received to Chief Davis. Chief Davis' recollection of when I reported the items to him is somewhat different from mine. He testified I told him the day after I returned, that I informed him while he was busy working at his desk. I actually informed him while riding in his patrol unit out to his home where he was going to show me the stucco work on his new home. I asked him the name of the person who did his work because my in-laws were having difficulty finding someone to repair their roof. In addition to myself and the other city officers, the Okeechobee sheriff's department had dispatched officers to assist with the relief effort, also. 1 contacted Chief Davis to sec if he could drive over to Arcadia to see the conditions we were working in. But the day that I contacted him he said he would not be able to come over because according to him he was with his detective sergeant out looking at lawnmowers. Later on I learned that both Sheriff Raulerson and Captain LaFlamm drove over to view the devastation and the working conditions of their officers. In sworn statements to Capt LaFlamm the two Okeechobee city police officers assigned to the relief station testified that they only took what they "needed". However, there was no mention of a tube of hemorrhoid creme that was placed into my bag as a joke. One officer told me I would find something funny in my bag. They only took what they needed? Not only was this not mentioned in their sworn statements, one officer failed to mention the assistance he provided by helping me load the tarp. One former City of Okeechobee officer testified under oath that he was-- and I won't use the exact language he used --quote, "I'm a "blank" good cop; I know what intent is." This same officer, at 2 his previous employment as a wildlife officer, while under oath, initially lied in an internal investigation concerning his conduct unbecoming a public employee. Another one of my accusers, prior to hurricane Charley, had been summoned to appear before the chief for lying to a superior officer. Two of my accusers, who were not present at all in Desoto County, chose to go out of chain of command to city administrator Bill Veach. One of these officers, who is no longer employed at the City, once admitted under oath to receiving free meals and beverages from a local business and then testified on behalf of the donor of these gifts. No disciplinary action was taken. This former officer was later promoted and has since resigned from the police department following an internal investigation concerning confidentiality violations. The other officer who reported to Veach had issues with me concerning disciplinary actions involving him. Chief Davis testified in a deposition August of 2006 that in October 2004 this same officer was investigated by FDLE for excessive use of force but was allowed to remain at work pending that investigation. And then there is former city administrator Bill Veach. In July 2003 Mr. Veach sent a memo to all city employees concerning a proposed step pay plan. Chief Davis was away on vacation and since I was second in command, several employees came to me with questions concerning this new plan. At the bottom of Mr. Veach's memo it said-- and I quote, "if you have questions, please see me." I did just that and was told quote -it was none of my damn business. From that point on Mr. Veach and I had conflicts. Capt. Dale LaFlamm testified in a deposition that he had a conversation with Mr. Veach following my termination and that he told Mr. Veach that he thought the city messed up and may end up writing me a check. Mr. Veach replied, "We very well may have, we'll just write the check; at least we're rid of him." Tonight I want to make it perfectly clear that I have never denied receiving these items. According to FEMA and the sworn affidavit provided by the co -director of the relief station these items were entitlements not gifts. In the Florida statutes there is a definition of what are gifts and what are not gifts. It specifically lists food and beverages as being gifts. The acceptance of these items is found to be routine among some law enforcement agencies. Within 24 hours of my termination I, through my attorney Jerry Bryant, requested a grievance hearing. I was told via letter from John Cook that police officers are not entitled to grievance hearings. During the October 2004 city council meeting my attorney relayed information to this council that a former city officer, prior to being officially terminated, was granted a grievance hearing. Mr. Cook stated that he did not recall that. On September Is' of this year Mr. Cook signed a sworn affidavit stating that I was the first officer from the police department to ever request a hearing. In September 1993, according to the city council minutes, Officer Jo Eide appeared before the council. She requested a Chapter 112/grievance hearing and was granted a grievance committee hearing. The minutes state that Mr. Cook was present and explained that, according to the personnel manual for the city, Officer Eide's request for a grievance committee hearing would be appropriate. At that time of her termination the personnel handbook contained a provision for grievance hearings for city employees and a separate provision for police officers according to statute. But there was no procedure in place. And in September 2004 at the time of my termination there still was no procedure in place. In sworn depositions of two council members taken in August of this year it was revealed that some members were unaware that a procedure for a complaint review board was selected and adopted by the chief of police in September 2005. These council members testified that they had not ever seen this procedure. Their understanding was that the city clerk was directed to research other agencies and their complaint review boards and bring the information back for the council to review. According to the members of this council who were deposed, this did not happen. In August 2005, this council was told it was I that was holding up the process of a hearing. Following that council meeting I chose someone to serve on the complaint review board. My attorney notified the City of this in writing. Since there was no response, this letter was then followed up by a second letter, and then a third. In January 2006, almost 6 months later, Mr. Cook responded in writing, stating that the city had selected former chief Mobley to serve as its representative. This was unfortunate. Not only was Mr. Mobley not qualified to serve according to state statute, but he had also approached a member of this council and expressed his disappointment with this council agreeing to grant me a hearing. My attorney and I tried for months to find someone who would be open minded and fair in this process. However the city chose to select someone who had already openly expressed their negative opinion about my case. The city's handbook on page 39 states that a department head reserves the right to terminate for just cause. Four council members who were deposed in this action, along with the chief of police, testified that the city had to have just cause to terminate. I maintain and will always maintain that I did nothing wrong. I performed my job duty in Desoto County. I received entitlements while I was there, along with other officers from across the state. But, to my knowledge, I am the only law enforcement officer in the state of Florida that was terminated for receiving FEMA entitlements. I was not treated fairly. Chief Davis testified under oath that prior to my termination he read Captain LaFlamm's report in addition to the transcripts of the sworn statements, and listened to the audio cd. When Chief Davis arrived at his deposition in August he brought with him Captain LaFlamm's report and transcripts of the sworn statements. During his deposition he acknowledged and identified the documents he reviewed prior to my termination, those being the report and the transcripts. Capt Laflamm, in his deposition, stated that he did not prepare transcripts prior to my termination. The transcripts that Chief Davis identified and acknowledged were actually transcribed by my wife two weeks after my termination. 4 My termination letter states that I was an embarrassment to the department, fellow officers, and the City of Okeechobee. By agreement, I am not allowed to make disparaging remarks concerning the present employees of the City of Okeechobee. With regards to what goes on inside and outside the walls of the Okeechobee city police department, the information is out there. There are depositions that were taken in this action, sworn statements and affidavits of witnesses, and personnel files of past and present employees that are all public record and speak for themselves. I would urge this council and the citizens of Okeechobee to research these documents that are available. Read them carefully and then you decide whether or not I was an embarrassment. I hope that as a result of this case, the City Council will review all policy and procedures of every department. The citizens of Okeechobee elected you to represent THEIR interests. I hope you will take that responsibility seriously so that other employees are not vilified as I was for completely unjustified reasons. My life as a member of the Okeechobee City Police department is over. My plans were to retire with the City of Okeechobee. I had a spotless record. I served three chiefs during my employment at the Okeechobee City Police Department and I was loyal to all three. I was proud to be an officer. I was proud of our new building. I was proud of our new car program. And I was proud to serve the citizens of Okeechobee. Due to this termination, since I am no longer an officer with the police department, my youngest daughter lost her scholarship with the Skip Bryant Law Enforcement Memorial Scholarship fund. In a span of four months in 2004 I experienced the loss of my mother, the loss of my career, and the loss of a friendship. Tonight that is all behind me. My journey ends here. is justice served? No, not even close. But the decision to end this lawsuit and move on with my life is my choice. 5 CITY COUNCIL MEETING TRANSCRIPT 8-2-05 PAGE 11 MAJOR RAULERSON'S EMPLOYEE EVALUATION 7-12-04 TERMINATION LETTER 9-23-04 FEMA DESIGNATED COUNTIES FOR RELIEF HURRICANE CHARLEY 2004 AFFIDAVIT OF YASSERT GONZALES 9-17-04 SWORN STATEMENT OF OFFICER BRIAN LOWE PAGES 3,4,6 CAPTAIN LAFLAMM'S INVESTIGATIVE REPORT PAGE 5 SWORN STATEMENT OF OFFICER MATTHEW HURST LAST PAGE OFFICE OF INSPECTOR GENERAL INTERNAL INVESTIGATION OF MATTHEW HURST 9-23-03 CASE NUMBER 03-52 DEPOSITION OF DAVID WILBUR 4-8-02 PAM MILLER VS. CITY OF OKEECHOBEE PAGES 35-55 CITY OF OKEECHOBEE GIFT POLICY #22 MEMO FROM FORMER CITY ADMINISTRATOR BILL VEACH 7-17-03 PROPOSED STEP PAY PLAN DEPOSITION OF DALE LAFLAMM RE: RAULERSON VS. CITY OF OKEECHOBEE PAGES 20,40,41 8-9-06 CASE NUMBER 06-14063-CIV LETTER FROM CITY ATTORNEY JOHN COOK TO JERRY BRYANT 9-28-04 CITY COUNCIL MEETING TRANSCRIPT 10-19-04 PAGE 5 SWORN AFFIDAVIT OF JOHN COOK 9-1-06 CASE NUMBER 06-14063-CIV CITY COUNCIL MEETING MINUTES 6-15-93 PAGE 6 DISCIPLINARY REVIEW BOARD 9-21-05 LETTERS FROM JERRY BRYANT TO JOHN COOK 8-12-05, 8-30-05, 1-11-06 DEFINITION OF LAW ENFORCEMENT OFFICER FLORIDA STATUTES 112.531(1) CITY OF OKEEECHOBEE PERSONNEL HANDBOOK PAGE 39 FLORIDA DEPARTMENT OF LAW ENFORCEMENT INTERNAL INVESTIGATION OF WILLIAM HILL 4-15-05 CASE #5E-14-0029 DEFINITION OF GIFTS FLORIDA STATUTES 112.312(12)(A) DEPOSITION OF DENNY DAVIS RE; RAULERSON VS. CITY OF OKEECHOBEE 8-8-06 PAGES 32, 35, 40, 45, 68, 70 CASE NUMBER 06-14063-CIV DEPOSITION OF LOWRY MARKHAM RE: RAULERSON VS. CITY OF OKEECHOBEE 8-8-06 PAGES 18, 23, 24 CASE NUMBER 06-14063-CIV DEPOSITION OF JAMES KIRK RE: RAULERSON VS. CITY OF OKEECHOBEE 8-8-06 PAGES 12, 21 CASE NUMBER 06-14063-CIV DEPOSITION OF NOEL CHANDLER RE: RAULERSON VS. CITY OF OKEECHOBEE 8-9-06 PAGES 7, 8 CASE NUMBER 06-14063-CIV DEPOSITION OF LYDIA JEAN WILLIAMS RE: RAULERSON VS CITY OF OKEECHOBEE 8-9-06 PAGES 41, 42 CASE NUMBER 06-14063-CIV DEPOSITION OF JOHN THOMAS RAULERSON RE: RAULERSON VS. CITY OF OKEECHOBEE 8-9-06 CASE NUMBER 06-14063-CIV EXHIBIT 7 OCTOBER 17, 2006 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3'd Avenue Okeechobee, Florida 34974 NAME: lam///(/,twi h - %Y J,L)k AD RESS: 0 Jj-a a7 4U— l -13 /57 TELEPHONE: �(Q a 7 FAX: MEETING: REGULAR SPECIAL O WORKSHOP O DATE: �C / f +o PLEASE STATE T t rrotbrwisw H VE/PL AC E ON HE CI COUN IL AGENDA: i vl PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH THUS FAR: Al rlh1 P PLEASE STATE DESIRED ACTION BY T�CITY COUNCIL: � 6h 0 C{ / i0h 07 PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: �Sct P cQ S c2 �DyrD d C c ,1�I Q� ? / fY C Q e�o ex i IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: g-- / 0 I1i1 ;" SIGNED BY: S�iL _ e��,� -fit DATE: ��CfJO City of Okeechobee SS SE 3`d Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehalkia cityofokeechobee.com * * * * *Memorandum * * * * * Date: for October 17, 2006 TO: Mayor & City Council FR: City Administrator RE: Additions/Removals to the 10/17/06 Agenda Item #1 — Remove Item I under new business as Judge Hendry no longer wishes to address the City Council. Item #2 — First Reading on an Ordinance to vacate NE 141h Court in the Commerce Park in order to allow sale of same to Adron Fence. See attached map. The Ordinance will vacate the easement around the parameter of the tract and re-establish a 10' easement along the south side of NE 12�h Street ... the front of the lots. Item #3 — The attached calendar prepared by the City Clerk, reflecting one meeting in each of the following months, unless there is action necessary that requires either of the meetings. November 2006 S M T W T F S 29 30 31 1 2 3 4 sider Cancelling the E mber 21st Meeting. 5 6 7 8 9 10 11 Reg CC eran's Mtg Time ry Hall sed Change to ,,� 2 PM - Election Day & Noels last mtg 12 113 �14 115 16 17 118 Pension Bd i Code Board � TRC Mtg 10 am planning Meetings Meeting Bd/BOA 6 pm 7 pm Mtgs 6 pm 19 20 1 22 23 24 j25 Reg CC Mtg 6 pm Thank i i pn 2 City Hall Close Noel offically a County Comm. 26 27 28 29 30 1 2 Council Chambers Council Chambers Council Chambers Booked booked booked 3 4 rJ 6 7 October December SMTWTFS SMTWTFS 1 2 3 4 5 6 7 1 2 8 97017721374 3 4 5 6 7 8 9 15161718192021 1011 7273141576 22232425262728 � 17787920212223 293031 � � 24252627282930 December 2006 S M T W T F S 26 27 28 29 30 1 2 Consider cancelling the December 19th Meeting 3 4 5 6 7 8 9 Reg CC Mtg 6 pm 10 11 I12 13 14 115 16 Code Board TRC Mtg Meeting 10 am 7 pm 17 18 19 20 21 22 23 Reg CC Plan Bd/ Mtg 6 pm BOA Mtg 6pm 24 25 26 27 28 29 30 Chi as City H 31 1 2 3 4 November January SMTWTFS SMTWTFS 1 2 3 4 1 2 3 4 5 6 5 6 7 8 91011 7 8 910111213 14151617181920 2122 23 24 25 122232425 2627282930 L12131415161718 8293031 ORDINANCE NO. 960 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE STREETS, RIGHTS -OF -WAY OR EASEMENT WITHIN THE OKEECHOBEE COMMERCE CENTER, BEING A PORTION OF LAND CONSISTING OF A CUL-DE-SAC LYING IN AND ADJOINING LOTS 17 THROUGH 20, OKEECHOBEE COMMERCE CENTER, AT ITS INTERSECTION WITH NORTHEAST 14T" COURT, OKEECHOBEE, FLORIDA, ACCORDING TO THE PLAT THEREOF AT PLAT BOOK 7, PAGES 10 THROUGH 14, PUBLIC RECORDS OKEECHOBEE COUNTY FLORIDA, AND AS MORE PARTICULARLY DESCRIBED HEREAFTER; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT FOR PUBLIC UTILITYAND/OR DRAINAGE PURPOSES; 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 of Okeechobee, Florida has initiated this street, alley or easement closing of those described lands herein, which consists of a cul-de-sac adjoining lots 17 through 20, Okeechobee Commerce Center; and WHEREAS, due to large scale land development on the described lots the developer has indicated that the referenced cul-de-sac and easements are not necessary for development and/or access to the property; and WHEREAS, because of the location of the lots within the Commerce Center at the Eastern most terminus of the center, and of other available access in the center, the City of Okeechobee has determined that the closing of the street, alley or easements will permit and benefit the development of the Commerce Park, and not materially affect the rights or needs of adjoining lot owners or the community as a whole in its use and enjoyment of the property; 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 streets, alleys and easements described hereafter in attached exhibits, which are incorporated herein by reference, are hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A. That portion of Northeast 14th Court consisting of the cul-de-sac adjoining Lots 17 through 20, City of Okeechobee Commerce Center as found on the plat thereof at Plat Book 7, Pages 10 through 14, as recorded in the public records, Okeechobee County, Florida, described and designated by map at Exhibit "A", more particularly described as follows: Commence at the Northwest Corner of Lot 17 of Said Plat; thence South 90 degrees 00 feet 00 inches East along the North line of said Lot 17, a distance of 258.88 feet; thence North 89 degrees 45 feet 25 Page 1 of 3 inches East along said North line, a distance of 264.11 feet to the Northerly most Northeast corner of said Lot 17, also the Point of Beginning; thence continue North 89 degrees 45 feet 25 inches, East, a distance of 150.00 'feet to the point on the arc of a non -tangent curve, concave Southeasterly (said point bears North 00 degrees 14 feet 35 inches West from the radius point of the next described curve); thence Southwesterly along the arc of said curve having a radius of 45.00 feet, an arc length of 70.69 feet, and a central angle of 90 degrees 00 feet 00 inches to a point of tangency. B. That portion of the cul-de-sac which is designated as a utility easement completely surrounding the cul-de-sac and adjoining Lots 17 through 20, City of Okeechobee Commerce Center as found on the plat thereof at Plat Book 7, Pages 10 through 14, as recorded in the public records, Okeechobee County, Florida, described and designated by map at Exhibit "B", more particularly described as follows: Commence at the Northwest corner of Lot 17 of said plat; thence South 90 degrees 00 feet 00 inches East along the North line of said Lot 17, a distance of 258.88 feet; thence North 89 degrees 45 feet 25 inches East along said North line and its Easterly extension, a distance of 414.11 feet to the Northerly most Northwest corner of said Lot 20, also the Point of Beginning; thence South 00 degrees 14 feet 35 inches East, a distance of 10.00 feet to a point on the arc of a non - tangent curve concave Southeasterly (said point bears North 00 degrees 14 feet 35 inches West from the radius point of the next described curve); thence Southwesterly along the arc of said curve having a radius of 35.00 feet, an arc length of 54.98 feet, and a central angle of 90 degrees 00 feet 00 inches to a point of tangency. C. That certain strip of land ten feet in width running along Northeast 14th Court from the Northeast corner of Lot 17, and across the described cul-de-sac to the Northwest corner of Lot 19, City of Okeechobee Commerce Center, as found on the plat thereof at Plat Book 7, Pages 10 through 14, as recorded in the public records, Okeechobee County, Florida, described and. designated by map at Exhibit "C", more particularly described as follows: Commence at the Northwest corner of Lot 17 of said plat; thence South 90 degrees 00 feet 00 inches East along the North line of said Lot 17, a distance of 258.88 feet; thence North 89 degrees 45 feet 25 inches East along said line, a distance of 264.11 feet to the Northerly most Northeast corner of said Lot 17, also the Point of Beginning; thence continue North 89 degrees 45 feet 25 inches East, a distance of 150.00 feet to the Northerly most Northwest corner of said Lot 20; thence South 00 degrees 14 feet 35 inches, a distance of 10.00 feet; thence South 89 degrees 45 feet 25 inches West, a distance of 150.00 feet; thence North 00 degrees 14 feet 35 inches West, a distance of 10.00 feet to the Point of Beginning. Section Two. The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non-exclusive easement for public utility or drainage purposes in and over that certain strip of land ten feet in width running along Northeast 14`h Court from the Northeast corner of Lot 17, and across the described cul-de-sac to the Northwest corner of Lot 19, City of Okeechobee Commerce Center, as found on the plat thereof at Plat Book 7, Pagers 10 through 14, recorded in the public records, Okeechobee County, Florida, and described and designated by map at Exhibit "C". Page 2 of 3 Northwest corner of Lot 19, City of Okeechobee Commerce Center, as found on the plat thereof at Plat Book 7, Pagers 10 through 14, recorded in the public records, Okeechobee County, Florida, and described and designated by map at Exhibit "C". Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Four. This ordinance shall be set for final public hearing the §! day of December, 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 1r day of October, 2006. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this r day of December, 2006. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor 97xh4/'f 14 NOT TO SCALE DESCRIPTION: A PORTION OF TRACT "R-1 ", LYING BETWEEN LOTS 17 THROUGH 20, CITY OF OKEECHOtt COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258.88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID NORTH LINE, A DISTANCE OF 264.11 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID LOT 17, ALSO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'45'25" EAST, A DISTANCE OF 150.00 FEET TO THE POINT ON THE ARC OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY (SAID POINT BEARS NORTH 00-14'35" WEST FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; SKETCH OF DESCRIPTION THIS IS NOT A SURVEY I HEREBY CERTIFY THAr THIS SKETCH AND DESCRIPTION IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 81G17-8, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. FOR THE FIRM, BY: f ROBERT D. KEENER �J �1OC PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NUMBER 4840 CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS —PLANNERS —SURVEYORS p 11101 SOUTH CROWN WAY, SUITE 1 WELLINGTON, FLORIDA 33414 ( 561 ) 791-9280 CERTIFICATE NO. LB-3110 SKETCH do DESCRIPTION SWIA 07 O6 O6 N A REVISION DWN I DATE FB/PG OKEEECHOBEE PARK OF COMMERCE ROAD VACATION PORTION OF TRACT "R-1" PROJECT NUMBER: 00-09860 CITY D LIBRARY:00-09860 city\base\bass—rd vac\09990rd dW I Cl CKD 3 THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNIG OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 32.57 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1030.00 FEET, AN ARC LENGTH OF 58.54 FEET, AND A CENTRAL ANGLE OF 03'15'23" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 43.72 FEET, AND A CENTRAL ANGLE OF 48'10'07" TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHERLY, WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, AN ARC LENGTH OF 383.45 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 48.99 FEET, AND A CENTRAL ANGLE OF 53'58'31" TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 47.05 FEET, AND A CENTRAL ANGLE OF 02'46'45" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST, A DISTANCE OF 81.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 112.00 FEET, AN ARC LENGTH OF 70.14 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.91 ACRES, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH 06'04'35" WEST ) . SKETCH OF DESCRIPTION THIS IS NOT A SURVEY LEGEND ¢� CENTER LINE COR. CORNER ,Q CENTRAL ANGLE DE DRAINAGE EASEMENT L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY PUBLIC RECORDS PISS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.O.W. RIGHT OF WAY UE UTILITY EASEMENT CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS ROAD VACATION 11101 SOUTH CROWN WAY. SUITE 1 PORTION OF TRACT "R-1 " WELLINGNGTON, FLORIDA 33414 ( 561 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CERTIFICATE NO. LB-3110 CAD LIBRARY:00-09860 cH boas\bane—rd vac 09860rd—voc.dwg Sheol 2 of 3 LEGEND N e CONSERVATION CENTER LINE OR, CORNER TRACT,c CENTRAL ANGLE o l�` y DE ARCDRAINAGEEASEMENT o LENGHT NOT TO SCALE 16 OCPR OKEECHOBEE COUNTY ``' � PGS PUBLIC RECORDS PAGES PB PLAT BOOK o P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS ICU. E. R.O.W. RIGHT OF WAY '----------------- ------ 4 --------------------------------------------- UE UTILITY EASEMENT NORTH LINE P.O.B. LOT 17 (NORTHERLY MOST TRACT "R_1" —DID�TkIFAST - a=90'00'00" 90'00'00" E COR. LOT 17) N 89'45 25" E R=45.00' °O . 8' N 89'45'25" E 264.11' 150. 0' L=70.69' (NW P.00OR, a-90'00 00 // / �iJ S 00'14'35" E 10 U.E. LOT 17) = R=45.00' 6 ' 68.32 L=70.69' R•01W• oiCk� A=35'52'57" z^ N 00'14'35" W ZI R=52.00' OKEECHOBEE 68.32' I I L=32.57 COMMERCE CENTER 1 20 3 (PB 7, PGS 10 -14, OCPR) s a=35'52'57" R=112.00' \ \ u6'. o �° o , 15'23" R=1030.00 17 L=70.14' `r�: r ,�F �j, Ze -& L=58.54' 20'DE cr�'�� , 90 \F A=48' 10'07" & LIE 10' `f'`�' 9�� R=52.00 J L=43.72' � W ------- - ------------------- 10' A=02'46'45" �I \ o -- R=970.00' -- L=47.05 6=53'58'31 " �� ���/ u7 R=52.00: ` zA=281'40'02' +� L=48.99 R=78.00' \ \ CONSERVATION L=383.45' TRACT 18 I C-3 I; 19 10'UE 5' -SXZTCH OF DESCRIPTION 5'� THIS A SURVEY I CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS ROAD VACATION 0 11101 SOUTH CROWN WAY, SUITE 1 PORTION OF TRACT "R-1 " WELLINGTON, FLORIDA 33414 ( 5st ) 791-9280 PROJECT NUMBER: 00 09860 CITY CERTIFICATE NO. LB-3110 rAn 11--.nn ._I. . _____ ruhfb�� 6 NOT A PORTION OF LAND LYING IN LOTS 17 THROUGH 20, CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258.88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID NORTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 414.11 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 20, ALSO THE POINT OF BEGINNING; THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 10.00 FEET TO A POINT ON THE ARC OF A NON —TANGENT CURVE CONCAVE SOUTHEASTERLY (SAID POINT BEARS N 00'14'35" W FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH OF 54.98 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; SKETCH OF DESCRIPTION -THIS IS NOT A SURVEY I HEREBY CERTIFY THAT THIS SKETCH Al. DESCRIPTION IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. FOR THE FIRM, BY: ROaERT D. KEENER % FLORDAPROFESSIONAL LICENSEURVEYOR NUMBER AND 4846APP SKETCH:&DqESCRIPTIONSWM 07 06 06 N A ROK REVISION DWN DATE FB/PG CKD CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS /� 11101 SOUTH CROWN WAY, SUITE 1 l WELLIO TH OWN 33414 10 FEET UTILITY EASEMENT VACATION LOTS % THROUGH 20 PROJECT NUMBER: 00-09860 CITY ( 561 ) 791-9280 CERTIFICATE NO. LB-3110 ICAD LIBRARY:00-09860 city\babe\bass—eaee vac\09860eae—vac.dwa Iqh..1 1 r 5 THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 26.30 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1040.00 FEET, AN ARC LENGTH OF 59.11 FEET, AND A CENTRAL ANGLE OF 03'15'23" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 35.31 FEET, AND A CENTRAL ANGLE OF 48'10'07" TO A POINT OF REVERSE CURVE CONCAVE NORTHERLY; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 88.00 FEET, AN ARC LENGTH OF 432.61 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 42.00 FEET, AN ARC LENGTH OF 39.57 FEET, AND A CENTRAL ANGLE OF 53'58'31 " TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 960.00 FEET, AN ARC LENGTH OF 46.58 FEET, AND A CENTRAL ANGLE OF 02'46'47" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 122.00 FEET, AN ARC LENGTH OF 76.40 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET, AN ARC LENGTH OF 54.98 FEET, AND A CENTRAL ANGLE OF 90'00'00 TO A POINT OF NON -TANGENCY; THENCE NORTH 00'14'35" WEST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, CONCAVE SOUTHWESTERLY, A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF LOT 17; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO A POINT OF TANGENCY; THENCE SOUTH 00' 14'35" EAST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 112.00 FEET, AN ARC LENGTH OF 70.14 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE SOUTH 36'07'32" EAST, A DISTANCE OF 81.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 970.00 FEET, AN ARC LENGTH OF 47.05 FEET, AND A CENTRAL ANGLE OF 02'46'45" TO A POINT OF COMPOUND CURVE CONCAVE SOUTHWESTERLY; SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS 10 FEET UTILITY EASEMENT VACATION 11101 SOUTH CROWN WAY, SUITE 1 LOTS 17 THROUGH 20 WELLIOUTOWN 33414 (� 561 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CER ICATE NO. LB-3110 CAD LIBRARY:00-09860 clfAbaee bane —ease vac\09860e03—vac.dwg I Shoot 2 of 5 THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 48.99 FEET, AND A CENTRAL ANGLE OF 53'58'31" TO A POINT OF REVERSE CURVE CONCAVE NORTHLY; THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET, AN ARC LENGTH OF 383.45 FEET, AND A CENTRAL ANGLE OF 281'40'02" TO A POINT OF REVERSE CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 43.72 FEET, AND A CENTRAL ANGLE OF 48' 10'07" TO A POINT OF REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1030.00 FEET, AN ARC LENGTH OF 58.54 FEET, AND A CENTRAL ANGLE OF 03' 15'23" TO A POINT OF TANGENCY; THENCE NORTH 36'07'32" WEST, A DISTANCE OF 81.94 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 52.00 FEET, AN ARC LENGTH OF 32.57 FEET, AND A CENTRAL ANGLE OF 35'52'57" TO A POINT OF TANGENCY; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 68.32 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 70.69 FEET, AND A CENTRAL ANGLE OF 90'00'00" TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.26 ACRES, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH 06'04'35" WEST ) . LEGEND ¢f CENTER LINE PGS PAGES COR. CORNER PB PLAT BOOK CENTRAL ANGLE P.O.B. POINT OF BEGINNING DE DRAINAGE EASEMENT P.O.C. PONT OF COMMENCEMENT L ARC LENGHT R RADIUS N.T.S. NOT TO SCALE R.O.W. RIGHT OF WAY OCPR OKEECHOBEE COUNTY UE UTILITY EASEMENT PUBLIC RECORDS SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS 10 FEET UTILITY EASEMENT VACATION 11101 SOUTH CROWN WAY, suirE 1 LOTS 17 THROUGH 20 WEILINGTON, FLORIDA 33414 R�( 561 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CER IFICATE N0. L8-3110 CAD LIBRARY:00-09860 city base\base—ease vac\09860eas—voc.dwg I Sheet 3 of 5 CONSERVATION LEGEND TRACTCENTER LINE PGS PAGES C-1 COR. CORNER PB PLAT BOOK 6 CENTRAL ANGLE P.O.B. POINT OF BEGINNING D DRAINAGE EASEMENT P.O.C. PONT OF COMMENCEMENT 16 L ARC LENGHT R RADIUS N.T.S. NOT TO SCALE R.O.W. RIGHT OF WAY OCPR OKEECHOBEE COUNTY UE UTILITY EASEMENT - IO'U.E. PUBLIC RECORDS '------------------ ---------------�=`91j'U "Mm------� ----------------- N 00'14'35" W R=35.00 NORTHERLY MOST _ NORTH LINE � L=54.98' NORTHWEST 1-7 _ 10.00 _ _ _ R_ I OT 9a)_11 o 3 90'00'00" E 11 11 -O�- 8' S 00' 14'35" E R-1 N 89'45'25" E 414.11' 10.00' ------------------------------------ — —�— —--------------------- _- P•O.C. Li a=90'00�00" _ i t0'U.E. (NW COR. = R=35.00, 6Q' M� LOT 17) o L=54.98 �Z5 S 00' 14'35" E 68.32' R.O.W. N 00' 14'35" W 68.32' I/ ��� R-42.00'57" z Z L=26.30' 20 6=3T52'57 �/ W J S 36'07'32" E2.A=03' 15'23" 3 o R=1200��-� 1, 81.94 R=1040,00' L=76.40 N s�� 17 N 36'07'32" w L=59.11' ' s 20'DE 81.94 tip=48*10'07" o & UE 10' a=02'46'47" s R=42.00' R=960.00' L_-35.31 ------------ -- --- f 1 p' � in R=42.00' -- - --- L=39.57' CONSERVATION In - � „ I G� a-_ 281 40 02 � I TRACT 18 R=88.00' C-3 L=432.61' II 19 OKEECHOBEE COMMERCE CENTER (PB 7, PGS 10 -14, OCPR) ' 1o'UE p 15, T CT „ 5' ; I R-4 I I� SKETCH OF DESCRIPTION ' I T NOT A SURVEY I CRAG A. SM/TH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS 10 FEET UTILITY EASEMENT VACATION 11101 SOUTH CROWN WAY, SUITE 1 LOTS 17 THROUGH 20 WELLINGTON, FLORIDA 33414 ( 561 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CERTIFICATE NO. LB-31 10 CAD LIBRARY:oo-0986o cHv\ h...\ hme ,,..,.\ nonrn-------- J__ CONSERVATION LEGEND TRACT �� CENTER LINE C-1 COR. CENTRAL ANGLE DE DRAINAGE EASEMENT vG 1 6 L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY IO'U.E. PUBLIC RECORDS ------------------------ = 0'00 00 NOR PGS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.O.W. RIGHT OF WAY UE UTILITY EASEMENT so'oo'oo" E 8' NORTH LINE - t-7 - N 89'45'25" R=45.00� _ t��0 _ E 414.11' NORTHWEST R. 1DI�a) BRACT :0 3 "R-1" 00 ------------------ P.O.C. --------------- ,--�-------- -- a-90 00 00 (NW COR. ``' R=45.00' IO'U.E. LOT 17) S o0' 14'35" E 6 ' L=70.69' CD 68.32' R.0!W. / N 00' 14'35" W 68.32' Z zA=35'52'57" i/ A=35'52'57" R=112.00' ' R=52.00 20 No L=70.14' L=32.57' 3-' \ N 36'07'32" W o S 36'07'32" 81.94' N 17 81.95' s 6=03'15'23" c^ R=1030.00 20'DE a=02'46'45" 'ry '' ' ��^� L=58.54' o & UE 10' R=970.00 L=47.05 �=48' 10'07" jl ------------ =52.00' O -- ------------------ w L=43.72'uj ------ _ 10' ---- 4=53'58'31 " o In \ a R=52.00 rn L=48.99' �/ -- - --- 100 0 �� A=281'40'02" R=78.00' / L=383.45' f CONSERVATION��� TRACT C-3 18 II 19 OKEECHOBEE ' COMMERCE CENTER (PB 7, PGS 10 -14, OCPR) ', 1 o'uE I 1-- 5 TACT 5' ; I R-4 ►► 1 I II SKETCH OF DESCRIPTION 1 I I T NOT A SURVEY i CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS 10 FEET UTILITY EASEMENT VACATION (� 11101 SOUTH CROWN WAY, SUITE 1 LOTS 17 THROUGH 20 WELLINGTON, FLORIDA 33414 �581 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CER IFICATE NO. LB-3110 CAD LIBRARY:00-09860 cl1Y\base\bass— ease vac\09860sa3—vac.dwa 6 /141.7 e- LOCATION MAP SKETCH OF DESCRIPTION THIS IS NOT A SURVEY SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THERE ARE NO VISIBLE ABOVE GROUND ENCROACHMENTS OTHER THAN THOSE SHOWN HEREON, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. FOR THE FIRM, BY: ROBERT D. KEENER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NUMBER 4846 CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS —PLANNERS —SURVEYORS p 11101 SOUTH CROWN WAY, SUITE 1 WELLINGTON. FLORIDA 33414 ( 5fi1 ) 791-9280 CERTIFICATE NO. LB-3110 NOT TO SCALE SKETCH k DESCRIPTION SWAI 07 06 06 N A ROK REVISION DWN DATE FB/PG CKD OKEEECHOBEE PARK OF COMMERCE UTILITY EASEMENT LOTS 17, 20 AND TRACT "R-1" PROJECT NUMBER: 00-09860 CITY CAD LIBRARY:00-09860 ciIA base base —new ease 09860new—e0se.dwg Sheet 1 of 3 DESCRIPTION: A 10 FEET STRIP OF LAND LYING IN LOTS 17, 20 AND A PORTION OF TRACT "R-1 ", CITY OF OKEECHOBEE COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 17 OF SAID PLAT; THENCE SOUTH 90'00'00" EAST ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 258.88 FEET; THENCE NORTH 89'45'25" EAST ALONG SAID LINE, A DISTANCE OF 264.11 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID LOT 17, ALSO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'45'25" EAST, A DISTANCE OF 150.00 FEET TO THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 00'14'35" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'45'25" WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00'14'35" WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 1,500 SQUARE FEET, MORE OR LESS. SURVEYOR'S NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS PARCEL HAS NOT BEEN ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OR OTHER RECORDED OR UNRECORDED INSTRUMENTS. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE WEST LINE OF THE CITY OF OKEECHOBEE COMMERCE CENTER, RECORDED IN PLAT BOOK 7, PAGES 10 THROUGH 14, OKEECHOBEE COUNTY PUBLIC RECORDS. ( SHOWN TO BEAR NORTH O6-04'35" WEST ) . i LEGEND ¢� CENTER LINE PGS PAGES COR. CORNER PB PLAT BOOK CENTRAL ANGLE P.O.B. POINT OF BEGINNING DE DRAINAGE EASEMENT P.O.C. PONT OF COMMENCEMENT L ARC LENGHT R RADIUS N.T.S. NOT TO SCALE R.O.W. RIGHT OF WAY OCPR OKEECHOBEE COUNTY UE UTILITY EASEMENT PUBLIC RECORDS SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS— N WAY. SUITE UTILITY EASEMENT C/��s 11101 sourH CROWN war. SUITE 1 LOTS 17, 20 AND TRACT "R-1" WELLINGTON. FLORIDA 33414 (561 ) 791-9280 PROJECT NUMBER: 00 09860 CITY CERTIFICATE NO. LB-3110 CAD UBRARY:00-09860 city base base —new ease 09860new—ease.dwg I She 2 0l 3 o \ 0 TN Gti o o 0 11 o CONSERVATION IN, �' TRACT C-1 \ ---------------- 00',00" E 16 10'U.E. -- ------------------ NORTH LINE 1 •"•"• - LOT 17 (NORTHERLY MOST NORIHEAST _- COR. LOT 17) N 89'45'25" E 150.00' _a _ _ _ _ _ _ _ _ _ _ _ — — _ — _ — P.O.C. --- -- � (NW COR. 10°U.E. N 00'14'35" W LOT 17) 10.00' S 89'45'25'' 150.00' 1 WEST LINE -LOT 17 LEGEND 15 CENTER LINE COR. CORNER Q CENTRAL ANGLE DE DRAINAGE EASEMENT L ARC LENGHT N.T.S. NOT TO SCALE OCPR OKEECHOBEE COUNTY PUBLIC RECORDS PGS PAGES PB PLAT BOOK P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCEMENT R RADIUS R.O.W. RIGHT OF WAY UE UTILITY EASEMENT TRACT "R-1" 3 _ (NORTHERLY MOST -- NORTHWEST l ------1 AT ------------ -- 10'U.E. S 00' 14'35" E 10.00' 17 R. W. 6 . I OKEECHOBEE t 20 COMMERCE CENTER (PB 7, PGS 10 -14, OCPR) \ 20'DE - - - - - - - - - - - - - - - -10�----------- \ CONSERVATION 18 � 19 TRACT C-3 \ SKETCH OF DESCRIPTION THIS IS NOT A SURVEY CRAIG A. SMITH & ASSOCIATES OKEEECHOBEE PARK OF COMMERCE CONSULTING ENGINEERS —PLANNERS —SURVEYORS UTILITY EASEMENT 11101 SOUTH CROWN WAY, suirE 1 LOTS 17, 20 AND TRACT „ R-1„ WELLINGTON, FLORIDA 33414 ( 561 ) 791-9280 PROJECT NUMBER: 00-09860 CITY CERTIFICATE N0. LB-3110 CAD UBRARY:00-09860 city\base\bass —now ease\09860new—eas■.dwa lRh..l x f : . 10/11/2006 03:21 7729784790 CITY CLERK PAGE 01/12 W4 CITY OF VERO BEACH CITY CLERK'S OFFICE 1053 20" Place, Vero Beach, Florida. 32960 Phone: 772-978-4700 Fax: 772-978-4790 To: f� n From: Fax: 963-,,&3-16SO Pages: Re: C.,Pv Date: Please call the City Clerk's Office if you have any trouble receiving this fax. 10/11/2006 03:21 7729784790 CITY CLERK PAGE 02/12 7�a -ni is -q7r, i ��Iz_ 1. 2. 3. 4. S. COUNCCL OF PUBLIC OFFICIALS WEDNESDAX, OCTOBER 18, 2006 10:00 A-M. CITY HALL, COUNCIL CELkNIBERS, VERO BEACH, FLORIDA AGENDA CALL TO ORDER — Members introduce themselves and their City Managers APPROVAL OF MINUTES A) September 18, 2006 NEW BUSINESS A) Generators and where they are located — Mayor Richard Dunlop B) Forming Treasure Coast Regional League of Cities and Discussing By- laws OLD BUSINESS A) City Manager's to give an update on things happening in their cities ADJOURNMENT This is a Public Meeting_ Should any interested party seek to appeal any decision made by Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and that, for such purpose he may need to ensure that a record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Anyone who needs a special accommodation for this meeting may contact the City's Americans with Disabilities Act (ADA) Coordinator at 978-4922 at least 48 hours in advance of the meeting. 10/11/2006 03:21 7729784790 CITY CLERK PAGE 03/12 TREASURE COAST REGIONAL LEAGUE OF CITIES BY-LAWS ARTICLE 1 NAME AM PURPOSE The name of this organization is the Treasure Coast Regional League of Cities (TCRLC), hereinafter called the "TCRLC-" The purposes of the TCRLC are to promote communication among the municipalities and the municipal leaders of the Treasure Coast region, to foster cooperative action in meeting common needs, to provide assistance to individual municipalities, to represent the Treasure Coast area municipalities to the state league of cities, the state legislature, state agencies, the Office of the Governor and Cabinet, and to promote good municipal government throughout the Treasure Coast. ARTICLE 11 MEMBERSHIP The Treasure Coast region includes the counties of Indian River, Martin, Saint Lucie, acid Okeechobee_ Any incorporated city or town in this geographic area way be a Member City of the League. Each Member City shall have one vote. Membership is achieved by the payment of annual membership dues on a calendar -year basis. Annual dues shall be set by the Board of Directors_ Associate Members may be accepted by the Board of Directors upon application and payment of dues as set by the Board. Business firms, county governments, independent special districts, regional public agencies, non-profit organizations and individuals may be associate members. Associate members will be notified of any and may attend all general meetings of the TCRLC but may not vote. All former Presidents of the TCRLC shall be recognized as non -voting Honorary League Members, and the Board of Directors may designate other persons as Honorary League -1- 10/11/2006 03:21 7729784790 CITY CLERK PAGE 04/12 Members. All Florida League of Cities Officers who are elected officials of a member city of the TCRLC shall. during their term of office for the Florida League, be a non -voting Honorary Board Member of the TCRLC, unless they also serve as a TCRLC District Nine (9) Director through which they would retain voting status on the TCRLC Board. Upon completion of their terms as a Florida League officer, they shall then be recognized as a nonvoting Honorary Member of the TCRLC. Any Honorary Member and his or her spouse may attend any League :meeting as guests of the TCRLC. ARTICLE III MEMBIItSHiP MEETINGS General membership meetings of the TCRLC shall be held, at a minimum, semiannually at the TCRLC Summer Dinner and General Membership Meeting and at the Florida League of Cities Annual Conference. Special meetings may also be called by the President or a majority of the board of Directors. Two elected officers and the representation of a minimum of either cities or 25 percent of all Member Cities, whichever is less, shall constitute a quorum for the purpose of conducting TCRLC business at any general membership meeting. ARTICLE TV OFFICERS The officers of the TCRLC are a .President, a First Vice -President, a Second Vice - President, and a Treasurer. Officers are to be elected at the annual summer dinner and general membership meeting of the TCRLC in each calendar year_ To be eligible for election, one must hold elective office in a Member City except for the Treasurer, who may be a City Manager or City Clerk_ Each officer shall hold office until a successor has been duly chosen. The President shall be the principal executive officer of the TCRLC and shall direct the business of the League. He/she shall preside at all meetings of the League and Board of Directors, and shall perform all duties incident to the office of President and other such duties as may be prescribed by the membership. The President will appoint the Legislative Chair and Legislative Vice -Chair of the TCRLC. The Legislative Chair and Vice -Chair of the TCRLC may or may not be current members of the Board of Directors at the time of their appointment. -2- 10/11/2006 03:21 7729784790 CITY CLERK PAGE 05/12 The Legislative Chair shall lead the TCRLC Lobbying Team effort and the Legislative Vice - Chair shall coordinate the activities of the TCRLC Policy Committee Chairs. The President shall appoint a Chair for each TCRLC Legislative Policy Committee, as needed and appropriate, which shall be formed to directly reflect the Florida League of Cities Policy Committees and serve to keep the TCRLC informed of current issues in various policy areas. The First Vice -President shall serve as the President -Elect and preside in the President's absence. Both Vice Presidents shall perform such duties as may be assigned to them by the President. In the event that the Presidency shall be vacated, the First Vice -President shall become President_ in the event the First Vice -Presidency shall become vacant, the Second Vice - President shall become the First Vice -President. Vacancies of either the Second Vice -Presidency or the Treasurer's position may be filled by appointment by the President, subject to approval by a majority of the Board_ To be eligible for appointment, one must hold elective office in a Member City_ For the position of Treasurer, the appointment may be a City Manager, City Clerk or other non -elected municipal position. The Treasurer is responsible for collection of all TCRLC revenues, the holding of these monies in a proper fashion, and the payment of all bills. The Treasurer is to make an annual financial report to the membership at the annual summer dinner and general membership meeting, and the President may request a financial report at any itime_ The Treasurer shall prepare an annual budget for adoption by the Board of Directors. ARTICLE V BOARD OF DIRECTORS There shall be a Board of .Directors of the TCRLC, composed of the TCRLC Officers, the Legislative Chair, the Legislative Vice -Chair, the immediate Past President, the District Nine Director of the Florida League of Cities, and two (2) Directors At -Large. If a TCRLC Director shall be elected or appointed to a position as a District Nine Director of the Florida League of Cities, then an additional Director At -Large shall be named by the President and approved by the Board, causing the total number of the Board to remain at eleven (1 l) in number. The Florida League of Cities District Nine Director maintains equal voting status as the other Board Members, and may or may not be a current member of the Board at the time of election. All Director At -Large seats for the TCRLC are elected for two-year terms. There are no prohibitions -3- 10/11/2006 03:21 7729784790 CITY CLERK PAGE 06/12 on the number of consecutive terms a Director At -Large can serve_ However, each Director At - Large must submit the required information through the established nomination process to be considered. The ,Legislative Chair and the Legislative Vice -Chair shall be appointed by the President. Appointment shall be for an annual term and shall continue until the next election of the President. The immediate Past President shall be the person who has most recently served as President of the TCRLC and who continues to serve as an elected official of a Member City. A District Nine Director of the Florida League of Cities is that person who occupies the District Nine seat on the Board of Directors of the Florida League of Cities. Directors shall not be eligible to further serve on the board after having served as Immediate Past President until a period of two (2) years has elapsed_ This prohibition does not apply to service as a District nine Director of the Florida League of Cities. The Board of Directors shall be the policy -making body of the TCRLC. Meetings of the Board may be called by the President, or by any three (3) members of the Board, or by the Executive Director at the request of the President or by three (3) members of the Board. A majority of the Directors shall constitute a quorum_ A quorum shall be present in order for business to be conducted. Decisions shall be by the majority vote of those present and voting_ Minutes of each Board meeting shall be prepared and distributed to all Directors. ARTICLE VI AUDIT COMMITTEE The TCRLC shall have an annual audit committee, which shall audit the books of the League and report to the Board of Directors within 60 days of the beginning of the fiscal year on January 1 or at the first Board meeting thereafter in each year. An audit shall be performed within three (3) weeks of when a newly elected or appointed Treasurer takes office_ The Audit Committee shall consist of the President, the Past President, and one Director appointed by the President. -4- 10/'11/2006 03:21 7729784790 CITY CLERK PAGE 07/12 ARTICLE VIJ NOMINATING COUW= AND ELECTION PROCESS The Nominating Committee shall be chaired by the Past President, with three (3) additional members appointed by the President. It shall recommend to the Board of Directors, at the Board meeting immediately prior to the Summer Dinner and General Membership Meeting, a slate of proposed Board officers for the succeeding year. The Nominating Committee shall recommend every two years a slate of two At -Large Directors selected from the pool of nominees submitted during the nomination process_ This slate of officers and directors at -large shall be considered by the Board and proposed, with any changes, to the general membership for election to office at the Summer Membership Meeting. Additional nominations may be made from the floor by any Member City at the Summer Dinner and General Membership Meeting_ However, any such nominations require a two-thirds vote of the votes present for consideration. Once considered, a majority of votes will prevail. in the event of a floor vote, the Executive Director will act as the Parliamentarian and conduct the voting process. Recommendations for the District Nine Director shall be made by the Nominating Committee to the Board who shall consider the proposal, make any changes, and propose the recommendation to the general membership for approval at the Summer Meeting_ Additional nominees may be made from the floor by any Member City. The same floor vote process shall apply to the District Nine Director Nominations as to the TCRLC Slate of Officers and Director at -Large elections in the event of a floor vote. The TCRLC Board of Directors shall recommend to the Florida League of Cities Nominating Committee the TCRLC nominees for the District Nine Board Member position selected at the Summer Dinner and General Membership Meeting. ARTICLE Vila These by-laws may be amended by a majority vote of the Member Cities present at any regular meeting or by a majority vote of Member Cities participating in a mailed referendum. 52 10/11/2006 03:21 7729784790 CITY CLERK PAGE 08%12 ARTICLE IX PROVISION FOR DISSOLI TI�ON Upon dissolution of the TCRLC, remaining funds sball be donated to the Florida League of Cities. ARTICLE X PROTOCOL These provisions bereby are incorporated and effective by-laws of the Treasure Coast Regional League of Cities (TCRLC) as agreed to by those Members signified below_ Amendments will be so noted with effective date in a running journal entry. Date of initial adoption: Please check one ❑ Indian River County For the City/Town of Signature LO Typed Name ❑ St. Lucie ❑ Martin County ❑ Okeechobee County Date Title -6- 10/'11/2006 03:21 7729784790 CITY CLERK PAGE 09/12 COUNCIL OF PUBLIC OFFICIALS (INDIAN RIVER LEAGUE OF CITIES) MINUTES MONDAY, SEPTEMBER 18, 2006 1.0;00 A.M. CITY HALL, COUNCIL CHAMBERS, VERO BEACH, FLORIDA PRESENT: Chairman Thomas P. White, City of Vero Beach; Councilmember William Kenyon, City of Indian River Shores; Councilmember Sal Neglia, City of Sebastian; Councilmember John McCann, City of Fellsmere; and Ann Marie Suriano, Hospital District i. CALL TO ORDER — Members introduce themselves and their City Managers Chairman White called the meeting to order at 10:03 a.m. and the members introduced themselves and their City Managers. Chairman White noted that City of Vero Beach Councilmember Debra Fromang and City of Vero Beach Councilmember Ken Daige were in attendance. He also introduced Jamie Titcomb, Executive Director of the Palm Beach County League of Cities and Catherine McKenzie, Bellsouth Area Director. 2. APPROVAL OF MINUTES A) June 21, 2006 Mr. Kenyon made a motion to approve the June 21, 2006 minutes. Mr. Neglia seconded the motion and it passed unanimously. 3. NEW BUSINESS A) Generators and where they are located -- Nlayor Richard Dunlop Discussion of this item was postponed until the next meeting when Mayor Dunlop is present, B) By-laws Chairman White reported that he met with Tom Cadden, Mayor of the City of Indian River Shores, who also sits on the Treasure Coast Council of Local Governments and is on the Board of Directors for the League of Cities. Mayor Cadden informed him that there is an interest from other cities located on the Treasure Coast (four county area) to form a Treasure Coast League of Cities. When he heard this he sent letters to all the different Mayors from the cities on the Treasure Coast notifying them of this meeting today. He said that if everyone is interested in forming a Treasure Coast League of Cities that he does not have a problem with it. Pagel 9/18/06 10/11/2006 03:21 7729784790 CITY CLERK PAGE 10/12 Mr_ Cadden stated that be has been a member of the Treasurer Coast Council of Local Governments for the last two years and was elected by them to be on the Board of Directors for the Florida League of Cities_ He has found participation in that meeting very helpful as far as their town is concerned. The interaction with other Mayors from the other counties is very informative. They have been through some of the same problems that their cities are facing today. He commended Mayor White for getting this started and felt that it should have been formed ten years ago. He said that there has been great interest from the other cities on the Treasure Coast in forming this League. He referred to a letter sent to them from Robert Minsky, Mayor of the City of Port St. Lucie, which indicates how supportive he is of forming this League. There would be a total of ten cities in addition to the cities in Indian River County that would make up this League. He noted that he has discussed this topic with the Florida League of Cities who are very excited about getting these four counties to form a Treasure Coast League of Cities of their own. H.e said that they are the only four counties in the State that are not in a. League of Cities. He expressed how important it was that they get this League started. Chairman White did not want to derail in forming the .League. Mr. Cadden did not want to slow the process down either. He said in talking with the staff at the Florida. League of Cities, there is a difference in the by-laws between one that is inside a county and one that includes multiple counties. He said that he would get a copy of the by-laws to Chairman White to look at and they can go ahead with forming their by-laws with the understanding that there are other towns and cities that may want to join. Mr. Kenyon asked if there was some indication that these other cities wanted to join. Mr. Cadden started that everyone that attended the Treasure Coast Council of Local Government's meeting last month said that they are interested in joining. Chairman White suggested postponing going through the by-laws until next month when they are sure of the cities who are interested in joining. Mr. Cadden explained that they will try to keep the Treasure Coast Council of Local Governments going, however, if this League is formed the members of this League would vote for the person that they want to represent them on the Board of Directors for the Florida League of Cities. Mr. McCann referred to the letter that they received from Mayor Minksy and wondered if their meeting would coincide with the meeting that they are going to have. Mr. Cadden explained that what Mayor Minksey was shooting for was a meeting sometime in September to get a representative from every town and city on the Treasure Coast to come and say that they are interested in joining the Treasure Coast Florida League of Cities. He said that making this change does not require approval from the Page 2 9/ 1.8/06 10i11/2006 03:21 7729784790 CITY CLERK PAGE 11/12 Florida League of Cities. However, they would like him to announce it at their Board meeting scheduled for the end of this month if possible. Chairman White will get a legal opinion from his City Attorney as to whether or not they will need to take another vote at their Council meeting to form a Treasure Coast League of Cities. Mr. Kenyon suggested getting something in. writing from the different cities in Indian River County saying that they are in favor of forming the four county League. Mr. Neglia reported that at the last Treasure Coast Council of Local Government's meeting he said that Sebastian, would be in favor of forming the four county .League without speaking to his Council. When he talked to his Council about the idea they did not want to have a Treasure Coast League, but to just have one in Indian River County. Their reason was because they thought that Palm Beach County was included in the League, so he will bring it back before his Council. Mrs. Fromang commented that she would support going with the four counties and forming a Treasure Coast League of Cities. Mr. Jamie Titcomb, Executive Director of the Palm Beach County League of Cities, suggested that this Committee start looking at forming their by-laws, which would put them in a bargaining position when they form the Treasure Coast League. He briefly went over how his League operates and noted that they are looking at having 38 cities involved in the League. They have Associate Members who help fund the League. He mentioned that Palm Beach County is a. Charter County and their core mission as being the Palm Beach League is to keep home rule. He said that there are several law suits going on right now between some of the cities in, his area and Palm Beach County. A brief discussion took place on how the Council of Public Officials (COPO) was formed and how last year the County wanted to disband them, which they recently just did after receiving the word that the cities involved in COPO were forming a Treasure Coast League. Mrs. Fromang expressed the importance of having communication with the County. It was noted that the County, as well as the School Board are welcome to remain on the League as Associate members. Mr_ Kenyon made a motion to postpone discussing the by-laws until next month giving them time to see what Mr. Cadden comes back with_ Mr. McCann seconded the motion and it passed unanimously. Chairman White thanked Mr. Titcomb for attending their meeting today. 4. OLD BUSINESS Page 3 9/18/06 10/11/2006 03:21 7729784790 CITY CLERK PAGE 12/12 A) City Managers to give an update on things happening in their cities Mr. Kenyon asked some questions about the fuel charge that appears on his utility bill_ Mr. Gabbard informed him that some of his staff would be attending the next Indian River Shores Council meeting to go over utility rates. Mr. Gabbard reported that the consultant that the City hired is working hard on their future exist from their FMPA contract. They have also been working on implementing the vision plan and have conducted their last charrette on the beachside. Staff has been meeting with Council concerning the Wastewater Treatment Plant and a workshop has been set for the beginning of November_ The City was able to implement some of their new hurricane procedures when Hurricane Ernesto came through and everything went very well. He encouraged any of the other cities who do not have a hurricane plan or want to make changes to the one that they have to go on line and visit their web site. He also suggested that this Committee think about taking a. position on the 911 dispatch center. Mr. Al Miner, Sebastian City Manager, reported that they are wrapping up their budget process and he hopes to have a final agreement from the CWA (Public Works Union) voted on next week. He said that there are a lot of capital projects underway, he recently hired a new Airport Director and the splash pad at Riverview Park is generating a lot of attention. Mr. Robert Bradshaw, Indian River Shores City Manager, mentioned that they are just about finished with the budget process, they have been replenishing their emergency fund, they have been updating their web site and he reported on the construction project that is taking place at City Hall, They are also looking at having their Charter reviewed. Mr. Jason Nunemaker, Felismere City Manager, reported that their budget process is just about completed and they are still annexing a lot of property into the City. Mr. Kenyon made a motion to keep Indian River Council of Public Officials active until the League is formed. Mr. McCann seconded the motion and it passed unanimously. 5. ADJOURNMENT Today's meeting adjourned at 10:52 a.m. /tv Page 4 9/ 18/06 . ilbert Chevrolet Company, Inc. October 6, 2006 City of Okeechobee Attn: Mayor Kirk 55 SE 3r AVE. Okeechobee, FL 34974 Mayor Kirk, I would like to express my appreciation to the City Police and Fire Departments for their quick response to our recent fire incident. As you know this building has historical and sentimental value to my family and the community. Because of the dedication, and team effort of many men and women, our building was able to be saved. Sergeant Dawn Wendt was quick and responsive when she noticed the smoke coming out of the building. We give a special commendation to her. Please forward my heartfelt thanks to the departments. Best regards, Gil Culbreth Established'"1933 EO. Box 848.3550 Hwy. 441 South • Okeechobee, FL 3403 • Phone (863) 763-3154 www gilbert, evroIetcom