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2008-09-02CITY OF OKEECHOBEE SEPTEMBER 2, 2008 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA _ GOUNCILACT 0 �x �. _ N_.. ,DESCE I. CALL TO ORDER - Mayor: September 2, 2008, City Council Regular Meeting; 6:00 p.m. Mayor Kirk called the Regular City Council Meeting to order on September 2, 2008 at 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor John Garner of More 2 Life Ministries; The invocation was offered by Pastor John Garner of More 2 Life Ministries; Pledge of Allegiance led by the Mayor. The Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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. MINUTES - City Clerk. City Clerk Gamiotea called the roll: Present Present Present Absent Present Present Present Present Absent Present Present Present PAGE 1 OF 5 163 A. Motion to dispense with the reading and approve the Council Member L. Williams moved to dispense with the reading and approve the Summary of Council Action for the August Summary of Council Action for the August 20, 2008 Regular 20, 2008 Regular Meeting and Budget Workshop; seconded by Council Member Markham. There was no discussion on this Meeting and Budget Workshop. I item. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. 164 SEPTEMBER 2, 2008 - REGULAR MEETING - PAGE 2 OF 5 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only, proposed Ordinance No. 1025 regarding Alley closing Application No. 90, NEMEC, LLC, property owner closing the North to South alleyway between Lots 7 to 9 and Lot 10 of Block 164, City of Okeechobee - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1025 by title only. 2. a) Motion to adopt Ordinance No. 1025. b) Public comments and discussion. Mayor Kirk asked whetherthere were any requests for the additions, deferrals orwithdrawal of items on today's agenda? There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:02 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1025 regarding Alley Closing Application No. 90, NEMEC, LLC, property owner, closing the North to South alleyway between Lots 7 to 9 and Lot 10 of Block 164, City of Okeechobee; seconded by Council Member L. Williams. KIRK - YEA C. WILLIAMS - ABSENT MARKHAM - ABSTAINED=IIII; WATFORD - YEA L. WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1025 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." Council Member Watford moved to adopt Ordinance No. 1025; seconded by Council Member L. Williams. Mayor Kirk asked whether there were any comments or questions from the public? There were none. Alley Closing Application No. 90 was submitted by Attorney Tom Conely, on behalf of the property owner, NEMEC, LLC, to close the alley running North to South between Lots 7 to 9 and Lot 10 of Block 164, City of Okeechobee. This request is to complete sale of adjoining lots and alley to the OUA pursuant to an existing contract. None of the utility companies require any type of easement. City Engineer objects to the alley closing unless the developer offers some form of mitigation in return. The East to West alleyway is already closed and the North to South alleyway is shown to be closed on the County Official Records. SEPTEMBER 2, 2008 - REGULAR MEETING - PAGE 3 OF 5 165 VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. The property owners were under the impression the alley was closed since they have been paying taxes on the alley. However, after thorough research, the City Clerk's office and the County Property Appraiser's Office could not find any documentation where the City Council ever approved the closing of the alley. This process is a formality to have all records compatible. Attorney Tom Conely was present to answer an questions. Council Member Markham noted for the record that he would be abstaining from the vote as he is a representative for the property owner. VOTE KIRK - YEA MARKHAM - ABSTAINED* WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:06 P.M. A. Motion to approve Temporary Street Closings submitted by Council Member Watford moved to approve Temporary Street Closings submitted by Abundant Blessings Assembly of God, Abundant Blessings Assembly of God - City Clerk (Exhibit to close Southwest 2"d and 3rd Avenues between North and South Park Streets on September 5 and 12, October 3 and 10 and 2). 1 November 7, from 9 pm till Midnight; seconded by Council Member Markam. Pastor John Hodge explained to the Council the purpose for street closures is for safety concerns. Abundant Blessings is sponsoring Youth Block Parties after the home football games, except homecoming to give the youth of the community a safe place to go and have good, clean fun. Administrator Whitehall requested Pastor Hodge meet with Public Works Director Robertson to review staffs concern for creating a barrier next to North Park Street (State Road 70). KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. 166 SFPTFMRFR 2. 2009 - RFGIII AR MFFTING - PAGF d nF 5 ,4«...-:T .. Ca�NGII�.ACT�ON DISC.55I�(V VQTE VII. NEW BUSINESS CONTINUED. B. Motion to approve the re -appointment of John Koepke to Council Member L. William moved to approve the re -appointment of John Koepke to the Fire fighter's Pension Trustee Board, the Fire fighter's Pension Trustee Board, term between term between October 1, 2008 and ending September 30, 2010; seconded by Council Member Markham. October 1, 2008 and ending September 30, 1020 - City Clerk. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. C. Motion to ratify the re -appointment of Brook Conway to the Council Member Watford moved to ratify the re -appointment of Brook Conway to the Fire Fighter's Pension Trustee Board, term Fire Fighter's Pension Trustee Board, term between between October 1, 2008 and ending September 30, 2010; seconded by Council Member L. Williams. October 1, 2008 and ending September 30, 1020 - City Clerk. VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. D. Motion to ratify of the re -appointments of Dennis Davis and Council Member Markham moved to ratify of the re -appointments of Dennis Davis and Betty Taylor to the Police Officer's Betty Taylor to the Police Officer's Pension Trustee Board, Pension Trustee Board, terms beginning October 1, 2008 and ending September 30, 2010; seconded by Council Member L. terms beginning October 1, 2008 and ending September Williams. 30, 1020 - City clerk VOTE KIRK - YEA MARKHAM - YEA WATFORD - YEA C. WILLIAMS - ABSENT L. WILLIAMS - YEA MOTION CARRIED. E. Discussion regarding a code enforcement issue located on Mr. William Acheson of 302 Southeast 8th Avenue addressed the Council regarding a problem he was having with his neighbor SE 8th Avenue - William Acheson (Exhibit 3). blowing the grass clippings out of his yard, into the City street, which then blew into Mr. Acheson's yard before the neighbor could go back and blow the debris back into his yard. The neighbor is Mr. Michael Muller of 301 Southeast 8th Avenue. The matter has been an ongoing situation. Mr. Acheson appeared before the Council regarding this same matter on December 4, 2007. On August 7, 2008, City Code Enforcement Officer Fred Sterling sent a letter to Mr. Muller, requesting on behalf of the Mayor, that an equitable solution be found. Mr. Muller replied with a letter dated August 11, 2008 expressing his concern that his neighbor is harassing him through the City Code Enforcement Department. Mr. Muller has had many conversations with Mr. Sterling and Fire Chief Smith. They have not found any violations of the City Code. SEPTEMBER 2, 2008 - REGULAR MEETING -PAGE 5 OF 5 1 " 7 1 VII. NEW BUSINESS CONTINUED. E. Discussion regarding a code enforcement issue located on Mayor Kirk deferred to Attorney Cook for direction. Attorney Cook advised that Mr. Muller is not violating the City Code, therefore SE 8" Avenue continued. there is not a matter for Council consideration or action. Mayor Kirk thanked Mr. Acheson for his time and that the matter needs to be worked out between the two neighbors. Vill. ADJOURN MEETING - Mayor. 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 media are for the sole purpose of backup for official records of the Clerk. '2 '?:� ATTEST: James E. Kirk, Mayor C A4l w 1 Lane Gamiotea, CMC, City Clerk THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:20 P.M. *Council Member Markham completed and filed a Conflict of Interest for the matter of which he abstained from voting. Page 1 of 4 CITY OF OKEECHOBEE - SEPTEMBER 2, 2008 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY Lane Gamiotea I. CALL TO ORDER - Mayor Kirk September 2, 2008 City Council Regular Meeting, &bb at p.m. II. OPENING CEREMONIES: Invocation given by k John Garner of More 2 Life Ministries; Pledge of Allegiance led by Mayor. g III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk PRESENT ABSENT� Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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 v l� IV. MINUTES - City Clerk. A. Council Member moved to dispense with the reading and approve the Summary of Council Action for he August 20, 2008 Regular Meeting and Budget Workshop; seconded by Council Member . There was no discussion on this item. VOTE: YEA NO ABSENT ABSTAINED KIRK &"- MARKHAM WATFORD C. WILLIAMS- L. WILLIAMS MOTION: CA/DENIED. V. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the additions, deferrals or withdrawal of items on today's agenda. VI. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT (o -'Q P.M. A. 1. a) Council Member I�C�J moved to read by title only, proposed Ordinance No. 1025 regarding Alley clsoing Application No. 90, NEMEC, LLC, property owenr closing the North to South alleyway between Lots 7 to 9 and Lot of Block 164, City of Okeechobee - City Attorney (Exhibit 2); seconded by Council Member Lc) Page 2 of 4 b) Vote on motion to read by title only. VOTE YEA NO ABSENT ABSTAINED KIRK MARKHAM - -� WATFORD C. WILLIAMS n L. WILLIAMS MOTION ARRIED DENIED. c) Attorney Cook read proposed Ordinance No. 1025 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGES OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt Ordinance No. 1025; seconded by Council Member b) Public comments and discussion. Mayor Kirk asked whether there were any comments or questions from the public. c) Jo - Cj Vote on motion. YEA NO ABSENT ABSTAINED KIRK X MARKHAM - WATFORD X C. WILLIAMS i� L. WILLIAMS X MOTIONC6RRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 1, O k P.M. Page 3 of 4 VII. NEW BUSINESS. A. Council Member moved to approve Temporary Street Closings submitted by Abu dant Blessings Assembly of God - City Clerk (Exhibit 2); seconded by council Member SW 2"d and 3' Avenues between N/S Park Streets on Sept 5, 12, Oct 3, 10 and Nov 7 from 9 pm till Midnight for youth block parties after the home football games In �-headA., d Pcolc, c' t5stk ov Yzt Velu awr J/�0 e Jew 0 /J a--& p 4-6 0 OQQU Y q�NO l��%P.c 6LI ,� C��, ,/X-bql ABSENT ABSTAINED KIRK v 1�)W - hC)Pt � MARKHAM v / WATFORD 7 /Z� C. WILLIAMS Lo L. WILLIAMS MOTION�D / DENIED. B. Council Member moved to approve the re -appointment of John Koepke to the Fire fighter's Pension Trustee Board, terp between October 1, 2008 and ending September 30,A0?0; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD v C. WILLIAMS Y L. WILLIAMS —� MOTIO CARRIE DENIED. C. Council Member moved to ratify the re -appointment of Brook Conway to the Fire Fighter's Pension Trustee Board, term between October 1, 2008 and ending September 30,clk0j0; seconded by Council Member g VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM WATFORD C. WILLIAMS L. WILLIAMS MOTI : CARRf DENIED. Page 4 of 4 D. Council Member moved to ratify of the re -appointments of Dennis Davis and Betty Taylor to the Police Officer's Pension Trustee Board, terms be inning October 1, 2008 and ending September 30, 1020; seconded by Council Member VOTE YEA NAY ABSTAIN ABSENT KIRK MARKHAM v WATFORD C. WILLIAMS L. WILLIAMS MOTIO ARRIE DENIED. E. Discussion regarding a code enforcement issue located on SE 8`h Avenue - William Acheson (Exhibit 3). - (9 7 D 1 Um Jtt of OIvX10 MWAA 07-e dot--Acl VIII. MAYOR KIRK ADJOURNED THE MEETING AT T P.M. AFFIDAVIT OF MLBLISHER • OKEECHOB IMES 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 #13841 in the matter of City of Okeechobee City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974-2932 In the Court, was published in said newspaper in the issues of 08/28/2008 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. ugnes, jr., Sworn to and subscribed before me this (� � day of A.D. 2008 k NOTARY PUBLIC -STATE OF FLORIDA Rosealee A. Brennan A. ,;j _ Commission # DD766393 ..?. Expires: JUNE 25, 2012 Sr,:<IIF D THRU ATLA.,TIC BONDLtiG CO., INC. C1'I'YCOUNCILMEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee will meet in Regular Session on Taesday, September 2, 2008, 6:00 p.m. at 6:00 p.m. at City Hall, 55 SE 3rd.Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. A copy of the egende will be available on our website at wwwcityofokeechobee.com. or contact City Administration.at (863) 763-3372 x 212. 1. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with re- spect 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 averbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City, Clerk media are used for the sole purpose of back-up.for the Clerk's Office. : In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26, persons with disabilities needing 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 bearing or voice impaired, call TDD 1-800- 955-8770 (voice) or 1-800-955-8771 (TTY). - by: lames E. Kirk, Mayor Lane Gamimea, CMC, City Clerk Publish: 08/2812009 Okeechobee Times CITY OF OKEECHOBEE SEPTEMBER 212008 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 of 3 CALL TO ORDER - Mayor: September 2, 2008, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. John Gamer, More to Life Ministries; Pledge of Allegiance led by Mayor. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Dowling R. Watford, Jr. Council Member Clayton Williams 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 19, 2008 City Council First Budget Workshop and Regular Meeting. September 2, 2008 PAGE 2 of 3 V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1025 regarding Alley Closing Application No. 90, NEMEC, LLC, property owner, closing North to South Alleyway between Lots 7 - 9 and 10 of Block 164, City of Okeechobee - City Clerk (Exhibit 1). b) Vote on motion to read by title only. C) City Attorney to read proposed Ordinance No.1025. 2.a) Motion to adopt proposed Ordinance No. 1025. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A. Consider Temporary Street Closings submitted by Abundant Blessings Assembly of God - City Clerk (Exhibit 2 B. Consider the re -appointment of John Koepke to the Fire Fighter Pension Trustee Board, term beginning October 1, 2008 and ending September 30, 2010 - City Clerk. C. Consider ratification of the re -appointment of Brook Conway to the Fire Fighter Pension Board of Trustees, term beginning October 1, 2008 and ending September 30, 2010 - City Clerk. D. Consider ratification of the re -appointments of Dennis Davis and Bettye Taylor to the Police Pension Board of Trustees, terms beginning October 1, 2008 and ending September 30, 2010 - City Clerk, SEPTEMBER 2, 2008 PAGE 3 OF 3 VII. NEW BUSINESS CONTINUED. E. Discussion regarding a code enforcement issue located on SE 8" Avenue - William Acheson (Exhibit 3). Vill. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the Proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. AUG sT" - f READ - EXHIBIT No. SEPT 2"° - FINAL - EXHIBIT NO. ORDINANCE NO. 1025 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY AS DESCRIBED HEREIN, WITHIN BLOCK 164, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE5 OF THE PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an Alley Closing Application (No. 90) from Tom Conely, on behalf of the property owner(s), NEMEC, LLC, for the closing of a certain alleyway as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One. The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: The alleyway running North to South located between the East boundary line of Lots 7, 8, 9 and the West boundary line of Lot 10, within Block 164, City of Okeechobee Subdivision, according to the plat thereof as recorded in Plat Book 5, Page 5, of the public records for Okeechobee County, Florida. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 2"d day of September. 2008, and shall take effect immediately upon its adoption. INTRODUCED forfirst reading and set forfinal public hearing this 51h day of Au ust, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 2"d day of September, 2008. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney nrriinanna Nn i ngs, - PanP 1 of 1 JULY f AGENDA - EXHIBIT NO. MEMORANDUM To: Mayor and Council Members From: Lane Gamiotea, City Clerk, CIVIC Subject: Alley Closing No. 90 Date: June 18, 2008 Attached is a completed alley closing application submitted by Attorney Tom Conely, on behalf of NEMEC, LLC, to close the alley running North to South between Lots 7-9 and 10- 12 of Block 164, City of Okeechobee. The alleyway running East to West is already closed. This request is to complete sale of adjoining lots and alley to the OUA pursuant to an existing contract. None of the Utility companies require any type of easement. City Engineer Bermudez objects to the alley closing unless the developer offers some form of mitigation in return. The decision before the Council would be to either deny the application, or instruct the City Attorney to draft the appropriate ordinance closing the alley and present it for first reading at the August 5, 2008 meeting. Should you have any questions please do not hesitate to contact me. Thank you. CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION G Pj (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe) SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: ME -A LLB A�io44EY" foregoing strument was acknowledged before me this Al3z( -- ;2 P-00,55, by (date) --rDM t1J&IJ6-0/ Ir1ljF-�'IEGy L� L_ , who is personally known_to me or (applicant) (co -applicant) who produced as identification and who did (did not) take oath. Notary Public, Commission No. Dp "l q- � figs - (signature) " BETrYJEAN VIER (Name of Notary typed, printed or stamped) Commission Expires March 8, 2012 „ 8wW TW rroy wn wMp. eoo4*=9 /0�'J e. � V44 ouiiRci nuuu Suite 207 West Palm Beach, FL 33405 Phone Number:561-686-1000 Fax Number: 561-686-1637 Cell:561-271-8534 April 23, 2008 Tom Connley III, Esquire P.O. Drawer 1367 Okeechobee, FL 34973 RE: Vacate Alleyway in Okeechobee Fl, Blk. 164, PCN# 3-15-37-35-0010-01640-0040A To Whom It May Concern, This is to confirm that Tom Connley III, Esq. of Okeechobee Florida is hereby authorized to issue and execute any and all documents required to vacate the Alley in Blk 164, PCN# 3-15-37-35-0010-01640-0040A, City of Okeechobee, on behalf of Nemec LLC, the owner of adjoining lands. Sincerely, C� Deborah Nemec Tyner Manager Nemec L.L.C. 01, :: c' 0239 kb-CP V� THIS !NSTK�P1ENT PREPARED By Tr enc S. i'.: =. .., _.n�:: _ �%CUTr ♦nYtillt?( C'm C N. ankxrni Of i _ . -ra- Strait, - :-:: „t Court aaa<<-er'r 1._c__,- �;- :_:;. 'z c Okec, , TRUSTEE'S. -DEED D,e This Indenture, Made this � Jay of '45!.Kd 2002, Between JAMES NEME C, as Trustee of James Nemec Re —acabrle Trust, as Amended (a/k/a the James Nemec Trust U/A/D 4/20197, as Amended), whose post office address is 2C01 Palm Beach Lakes Blvd., Suite 400, West Palm Beach, Florida 33409, of the County of Palm Beach, State of Florida, Grantor*, with full power and authority either to protect, conserve, and to sell, or to lease, or to encumber or otherwise to manage and dispose of the hereinafter described real property, and NEMEC, LLC, a Florida limited liability company, whose post office address is 2001 Palm Beach Lakes Blvd., Suite 400, West Palm Beach, Florida, 33409, of the County of Palm Beach, State of Florida, Grantee*, W I T N E S S E T H: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm to the said Grantee, and Grantee's heirs and assigns forever, the following described This transaction is exempt from documentary Stamp us porsusnt to Kury­Inc.=State of Florida, Qapadmentpf Revenue, 713 So. 2d 1021 (Fla. 2d DCA 19PS), as this conveyance does not transfer the beneficial ownership of the within described property and is not pursuant to a sale for taxable consideration. 1A 0240 land, siruate, lying and i:eing in Okeechobee Counu_y, Florida, to -wit: 7 RACY Lots 7, 3, 9, 13, 19, and 20, Block 200, I'ON(S OF OF:FEC'1 W REF., according to the 1•lat thereof recorded in Plat Book 2, Page 17. Public Records of St. Lucie Count%, Florida, a cups of said Plat bring also recorded in Plat Book]. Page 10, Public Records of W"cWtbre County, Florida. TRAcr I1. l ols 4 to I inclusive, Block 164, OF:F.ECHOBEE, and that certain allele av located betneen Seminole Street and Okeecbobee Avenue, LESS Land in Official Record Book 246. Page 1144, according to the Plat thereof recorded in Plat Book S, Page S. of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations, conditions, dedications, limitations and easements of record, and taxes for the current year and all subsequent years. TOGETHER with all and singular the tenements, hereditament_s, and appurtenances belonging to or in any way appertaining to that real property, subiect to all restrictions, reservations, conditions and easements of record, if any, and ad valorem taxes for the current year and all subsequent years. TO HAVE AND TO HOLD the same to the Grantees, and Grantee's heirs and assigns, in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all 2 °:0476:`:0241 encumbrances, except takes accruing Subsequent to December 31 2001. In witness Whereof, Granter has hereunto set Oiantc.-'s hand and seal the day and year first above written. Signed, sealed and delivered in ourpres!;i e: Frint Name ,JT _. HEtiy( JAMES n tEC, as •trustee of the James mec Trust, as Amended (a/k/a the James Nemec Trust U/A/D 4/20/87, as Amended) tint Name 8� STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this I1 day of ��t( 2002, by JAMES NEMEC, as Trustee of the James Nemec Revocable Trust, as Amended (a/k/a the James Nemec Trust U/A/D 4/20/87, as Amended). He is personally known to me r who has produced a driver's license as identification. (NOTARY SEAL) Notary Publi Print Name: Tror�S.IriLt,+�� My commigsion expires: H:', 1H\12E22-3\SLT\tr15tee deed oke —d peet .dx 7, eHl5. 7 14 c:E-tK OF c4: Li:i i 000E- 3 THIS INSTRUMENT PREPARED BY: Larry B. Alexander, Jr., Esq. Janes, Foster, Johnston & Stubbs, P.A. P.O. Box 3475 West Palm Beach, FL 33402- 475 PROPERTY CONTROL NO.: 3-15-37-35-0010.016404004A WARRANTY DEED 11111 11alb IBII I111M on 111101 M11 1➢11111 FILE NUM 20CIE002286 OR B.Y. 006+8 PG 1882 SHARON RD@ERTSONP CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY. FL RECORDED 02/18/2008 12:13:26 Ptl RECORDING FEES. 27.00 DEED DOC 0.70 RECORDED BY R Parrish Pas 1882 - 1!3W (3a95) This Indenture, Made this , day of r. Jxv 200l]�,? Between Dennis R. Mulberger, a 1y1Arri2. cd . man, whose post office address is 3665 Darby Road, New Smyrna Beach, FL 32168, and David Bemdt, atARicie4 man, whose post office address is 401 N.W. 127th Avenue, #8, Plantation, FL 33325, collectively, grantor', and NEMEC, LLC, a Florida limited liability company, whose post office address is 444 Bunker Road, Suite 207, West Palm Beach, Florida 33405, grantee', Witnesseth, That said grantor, for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and soli to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to wit_ That certain alleyway located in Block 164 lying between Seminole Street and Okeechobee Avenue, and that certain alleyway running North and South from Seventh Street to intersect the first about described alleyway, as shown on the Plat of Okeechobee, (formerly recorded in Plat Book 2, Page 17, Public Records of St. Luce County, Florida) according to the Plat thereof as recorded in Plat Book 5, Page 5, of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations, conditions, dedications, limitations and easements of record, and taxes for the current year and all subsequent years. Book648/Page1882 CFN#2008002286 Page 1 of 3 7 Grantors warrants that at the time of this conveyance, the subject property is not the Grantors' homestead within the meaning set forth In the constitution of the state of Florida, nor Is it contiguous to or a part of homestead property. Dennis R. Mulberger's residence and homestead address is 3665 Darby Road, New Smyrna Beach, FL 32168; and David Bemdt's residence and homestead address is 401 N.W. 127th Avenue, #8, Plantation, FL 33325. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD, the same In fee simple forever, AND said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in o ._ kat-Naa DENNIS R. MULBERG7K . Print•!-�- STATE OF V F%4/7C[# COUNTY OF VQ USS The foreggjng instrument was acknowledged before me this day of 200 , by Dennis R. Mulberger, who Is personally known to me or who has/have produced a driver's license as identification. (NOTARY SEAL) Notary Public Print Name: Clitn 6 l A ZW ,-7 ►uycouwsaa+#DDOM My commission expires: Book648/Page1883 CFN#2008002286 Page 2 of 3 Print r�� STATE OF I - COUNTY OF ff-A 1 JO-YT-- TheWinstrument was aclmowle 1pd before me this 4 day of 200 by David Bemdt, who is personally known to me or who haaftum produced a driver's license as identification. ,(NOTARY SEAL) No COM& ce woo �� h / 1/i( 1111 I• 1 Notary Public Print Name: My commission expires: f Ocl Paj e 9' Book6481Page1884 CFN#2008002286 Page 3 of 3 PARK STREET OFFICE SUITES, LLC 917 SOUTHWEST PARK STREET OKEECHOBEE, FLORIDA 34974 June 11, 2008 TO WHOM IT MAY CONCERN Re: North/South alley in Block 164, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida, adjacent to the East line of Lots 7, 8 and 9 and the West line of Lot 10. Be advised that Park Street Office Suites, LLC, the owner of Lots 1, 2 and 3, Block 164, OKEECHOBEE, has no objection to the vacating of the above described alley by the City Council of the City of Okeechobee, Florida. Respectfully, Park Str ffice Suites, LLC By: Daniel . Enfinger Manager/Member Id Prepared by and return to: Elizabeth Alexander Maxwell Attorney at Law The Law Firm of Maxwell & Maxwell, P.A. 405 NW Third Street Okeechobee, FL 34972 863-763-1119 File Number: Enfinger Will Call No.: Above This Line For Recording Quit Claim Deed 11111111 IN IiNI IIIN loll III Hill IN 111111111111111 FILE NUM 2007000757 OR LK 00-621 PG O345 SHARON R06ERTSOHY CLERK OF CIRCUIT COURT OKEECHOBEE COl1NT'ft FL RECORDED 01/16/2007 04:52:07 PM RECORDING FEES 18.50 DEED DOC 0.70 RECORDED BY R Parrish Psis 0345 — 346i (2n9s) This Quit Claim Deed made this I(A% day of January , 2007 between Daniel M. Enfinger and Cindy L. Enfinger, husband and wife whose post office address is 917 SW Park Street, Okeechobee, FL 34972, grantor, and Park Street Office Suites, LLC whose post office address is 1535 SW 67th Drive, Okeechobee, FL 34974, grantee: (Whenever used herein the temvs "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration ofthe sum TEN AND NOIIOO DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1, 2 and 3, Block 164, OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3-15-37-35-0010-01640-0010 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and sea] the day and year first above written. THIS INSTRUMENT WAS PREPARED FROM INFoRMAnON PROVIDED BY THE PARTIES. MARKETABILITY of TITLE IS NOT GUARANTEED NOR ACCURACY OF THE DESCRIPTION As TITLE WAS NOT EXAMINED. DoubleTime• Book621/Page345 CFN#2007000757 Page 1 of 2 Signed, sealed and delivered in our presence: f Q. s Namesizi Fwe11 Witness Name- s Name Witness Name: PXMIA State of Florida County of Okeechobee ` ea aniel M. Elf' p� (Se Cindy L.E ger The foregoing instrument was acknowledged before me this Ji(day of G 'n by Daniel M. Enfinger and Cindy L. Enfmger, who L] are personally known or [X] have produced a driver's licet se as identificati n. [Notary Seal] "" ELQOMA.IMM&L Not he EMFES:Mkich2B,2Oto Printed Name: Elizabeth Maxwell My Commission Expires: Quit Claim Deed - Page 2 Double'nmea. Book621/Page346 CFN#2007000757 Page 2 of 2 BOOK 316 PrcE 503 :6I r.,, l 9 U f. 5 1I I This in u.—I was prepared Is, yT UW OrrKEe Got-DUERO & YOTINO, Warranty Beed rosTarrKE.axEsmo (STA1alONY FOAM —SECTION kB9.01 F.S.) raver c.aa>:Ra.r..., Ftonrnw iZ* 3111hrntarr, , Made this day of August 19 9o, Nawrrn FIDELCOR BUSINESS CREDIT CORPORATION, a New York corporation qualified to do business in the State of Florida, of the county of New York state of New York g,.Nar. and DANIEL M. ENFINGER and CINDY L. ENFINGER, his wife, T.1.N. #262-47-4176 and 265-71-0676 whose post office address 4 1535 South West 67th Drive, Okeechobee, .1 the C... ly .r Okeechobee state of Florida gramee•. WTlnrearilt. That said g,onlar, for and in consideration of the sum of ($10.00) TEN AND NO/lOOTHS---------------------------------------------- --------------------- ' Dolla, and other good and —1-61. considerations to said grantor in hand paid by told grantee. the receipt whereof is hereby acknowledged, has granted, bargained and sold to the sold grantee, and grantee's het,, and .,signs forever, the following described land, situate, lying and being in Okeechobee County, Florida, ta—il: Lots 1, 2 and 3, Block 164, OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 5,.Page 5, of the Public Records of Okeechobee County, Florida. SUBJECT TO: 1. Restrictions{ reservations, limitations, conditions and easements of record, if any. 2. Taxes for the year 1990 and subsequent years. i I FILER 'I"' (,'CORD i 221652 GLCi;:, I Parcel #3-15-37-35-0010-01640-0010 CLERK GF Ciii.•'.i;1 l,ubiiT and said grontor does hereby fully wcu-1 the title 1. said land, and will defend the some against the lawful daims of all 1 persons wham ever. •'Grantor'• and "g—lee" are used far angular, or plural, as context requires. +311 Witnrso Wilrrraf. Grantor has hereunto set g—loi s hand and seal the day and year lint obme written. Si n Baled and deli—ed in our presence: ! e FIDELCOR BUSINESS CREDIT CORPORATION, (Neal) New or corporation qua T le o 0 G • - business fn the State of 71orida (seal). . . TPIFIEN M. IE ER , enior Vice President .. _. (seep STATE OF NEW YORK `•'�) ='"= COUNTY Of 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared STEPHEN M. FRIEDBERG, Senior Vice President of FIDELCOR.BUSINESS CREDIT CORPORATION, a New York corporation qualified to do business in the State of Florida, to in. known sa be the person described in and who executed she foregoing inorumen, and acknowledged before me th., he executed the sons . - ) o— WITNESS my hand and official seal in the County and Store lost olorewi this ( day of August, w 90. My commas.. expire+: rotary Public UND A. Iug.Ttl IWTAwkYauppc�� a pal Nlw York Oanmlit on trip Ill IPtilt 'f•"lye I � •fr-1H S/A7•r APR.29.2008 12:44PM CONELY & CONELY PA Page 2 N o A✓ r G o eor �d Signatu Typed Name & Titled Phone No. Date io Authorized Signature 'gyp® Name & '1�1 Phone No. Typed Name & Title Phone No. of Okeechobee do First Addition to C of Okeechobee Subdivisions: Oce2 2l�Ga�ee%r S�i...eJ ?f�•4-T` T �4H2ie 7;eres�Du�..lt T114 74 cvZZ, / 7 b' D /J/ C'i a pKtEc� S� �`T• �. 4!�!u/.S.ecT� 6-74- �t6374�3IS� Typed Name & Title Phone No. Date �^/ � �J ?lrlG�j�/C Typed Name & Title Phone No. Date 2q Date �a9e /� .&e a4-4-n P, .- keg _ Donnie Robertson, Public Works Date Oscar Bermudez, City Engineer Date uenny uavis, chief of Police Date �u« Administrator E GAMIOTEA, CIVIC, CITY CLERK Memorandum To: Lane Gamiotea, City Clerk From: Oscar Bermudez, Engineer Date: June 16, 2008 Re: Alley - Closing application from Nemec, LLC, by Tom Conely Attorney. We keep are ignoring the critical drainage problems on City of Okeechobee, for that reason the Engineering Office will recommend not approving the request for the Alley Closing unless the developer offers some form of mitigation in return. �mmmo�moo'ao s�aoss �, 1!111r 000fn s�:s�e�m��z�c 000sm:v� 1:1111 1:00 HOWomm�os aommoAmooioo I � o4as 111111 11111-1 o mmawmi WINo a'l�� io�mmm oo��m� mom�� moo�m� mmm0a�mumao aae0ao - �aao HIMa IIIoao IN�i 111111 I 11; 1111 1: 1:- 1 MI IF Hm 1:11� IRSe WINE IIImm� mamma rF 1+ 32 1 6.543.2 1' 6.-54' Z 1 71 48 9] 111 7 8.9. 11,#2 2.1 6 i432 ��6.54 3.2J1 11 M Mil, i 1110 '11111 ORA.-- M W.4 0.", 1-1 M COM, All 6 1.4 '5 ''j "J ¢. 5 4 3 T n nmiBIT 2 T- S�pT 2, 2008 55 Southeast 3`d Avenue * Okeechobee, , 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 t Today's Date C L� Name of Applicant �,� ��.} ►� (� 6 JU�v� ��6 y I Address Phone(s) 5� t� t-1w y �v'. Name of Property Owner �Ic"Ss f'+� A G � i_� N -AI Phone(s) Address z1 S 5 c. Street to be Closed r' `� 4 Ue— Dates to be Closed { S (�G 7 d Cic l U Nam' 4 % Time(s) to be Closed (12 Purpose of Closing Qo,v4k 6 a 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) cwClean-up is required within 24 hours. ti vwNo alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. owNo donations can be requested if any type of alcoholic beverages are served on private property/business 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. uwDumpsters and port -a -lets are required when closing the street for more than 3 hours. 'PUBLIC WORKS DEPARTMENT -�- 02 2 - a,F Donnie Robertson Public Works Director Authorized. Signature Date Typed Name & Title . POLICE DEPARTMENT Auto zAS ignature Date Typed Name & Title FIRE DEPARTMENT NPr'h 4mi j-,h Fire Chief gnature Date Typed Name & Title Occupational and/or State License Verified: ADMINISTRATION Brian Whitehall. City Administrator Signature Date i yped Name & Title CLERK'S OFFICE (Xrj,q P 00f)71-61ta' Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVED/DENIED BY COUNCIL ON: Revised 8/05/03 6 .)z 1¢o�T j2 1 =16L5J:71j`I 7 11 1121Lo 8Ic 111 F 7 8 910 3 -9 z 19��N 17�1711ii'll,i�� a�no ST (70') 99�11 •2 1 R89 3 11 12 • NaR� �r�1�aZ' 'p1�Rk, Si�t>=E—�' QS0LLT A W eST 6.5432 1• 96543 �j 651111 43 2 1 654 32 1 9 2 1 8 111 c/�7891 111 "'78910111217a9101112 9 SW 2ND S 70') - 1 � L O2 Pp�u-k sl-.E 6 5 4 3 2 cm 88 9 1 11 .0 E► I z EXHIBIT 3 SEPT 2, 20M CITY OF OKEECHOBEE (863) 763-3372 AGENDA ITEM REQUEST FORM Please mail or bring completed form to: City of Okeechobee City Administrator's Office 55 SE 3rd Avenue Okeechobee, Florida 34974 NAME: 7 A6/C-S6,1 ADDRESS: e�ck TELEPHONE: MEETING: REGULAR 0", SPECIAL ❑ FAX: WORKSHOP ❑ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE N c, �,� b or eta ctsc q (O(" 4e ft GW ' rat 55 4 ASE STATE WHAT DEPARTMENT(S) YOU HAVE WO f C rc, ,J,-,e i r\ ,'L- ---A t-4 l R ,25 11,;4 DATE: FAX (863) 763-1686 COUNCIL AG DA: J /Ikea FAR: PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: 6 / �,/. i t n L- * 111-1- F c" tiu r� )1 � . 5 kL>_C /J / Dll>/ /t_ l� i % "i _ ."Z' 4` e PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH{�� %APPLICABLEDOCUMENTS: [ / 0 ._ , N Yll�r� ;,, ! f_-/ > -(-'2� C. 4.L'r, 4 ) (e7/. %", " 1, ;4 AHL— IF PRESENTATION IS TO BE MADE, PLEASE STATE HOW MUCH TIME YOU ARE REQUESTING: SIGNED BY: DATE: ��J� City of Okeechobee Code enforcement August 7, 2008 Mr. Michael O. Muller 301 SE 8'' Avenue Okeechobee, FL 34974 Dear Mr. Muller: As you are aware, we have had numerous complaints from Mr. Acheson in reference to grass cuttings being blown onto SE 8' Avenue and subsequently ending up on his porch. The latest complaint was directed to Mayor Kirk. He requested that we come up with an equitable solution. I know Chief Smith has discussed this matter with you. Therefore, we are requesting your assistance by possibly cutting your grass in a clockwise rotation so as to blow onto your yard instead of the street. Your cooperation in alleviating this problem would be greatly appreciated. We hope to stop any further complaints which may result in code enforcement action. Sincerely, Fred Sterling Code Enforcement Officer (863) 357-1971 55 S.E. Third Avenue - Okeechobee, Florida 34974-2932 • (863) 357-1971 • Fax: (863) 763-4489 August 11, 2008 Dear Mr. Sterling: I recently received your letter regarding Mr. Acheson's complaints about my mowing habits. I would like to begin by stating that I am extremely disappointed to find that you are further allowing William Acheson to harass me through the Code Enforcement Office. If this harassment continues I will be forced to seek legal council. It is apparent to me that William's focus on me has only intensified since his wife Theresa came to my residence asking my assistance to call 911 for a domestic disturbance between her and William to which 5 city police officers responded. I would also like to say that I will continue mowing my lawn in the same manner I always have. I enjoy mowing my yard in patterns and I always follow up by blowing any grass that has gotten in the street back into my yard. I find it very hard to believe that any cuttings are getting in his yard and certainly not all the way to the porch -as your letter states -a porch that I have trouble finding at all as his house has no porch only a doorstep. I have noted grass in the road on many days throughout the city from city employees mowing the medians, curbs and sidewalk areas. Not only do the cuttings go naturally into the road from the mowers but city employees then follow up by blowing the grass into the road. Surely city employees are not violating codes on a daily basis. Therefore in reference to the letter I received from the City of Okeechobee Code Enforcement the final line " We hope to stop any further complaints which may result in code enforcement action " I would like to once again request a written copy of the code that I am violating by mowing my yard. cc: Mayor Kirk Chief Smith William Acheson 42 Added 40 E �u, f Z DECEMBER 4, 2007 - REGULAR MEETING - PAGE 16 OF 18 Vill. NEW BUSINESS CONTINUED. A.1. c) City Attorney to read proposed Ordinance No. 1006 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 1006. b) Discussion. c) Vote on motion. B. Consider a complaint in Okeechobee Estates regarding a lawn mowing issue - Bill 9 ► 05 (Exhibit 7). C. Motion to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums - Chief Davis (Exhibit 8j Attorney Cook read proposed Ordinance No. 1006 by title only as follows: ,AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDEN77AL SINGLE FAMILY-ONE(RSF-1) ZONING DISTRICT TO HEAVYCOMMERCIAL (CHV)ZONING DISTRICT, AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE." Council Member Markham moved to approve the first reading of proposed Ordinance No. 1006; seconded by Council Member C. Williams. The subject property is Lots 8 and 9 of Block 46, First Addition to South Okeechobee. Mr. Goodbread recently purchased the property. Previously he had applied and was granted a rezoning for the entire block, excluding these lots. This will complete the zoning designation. However an alley closing application will follow. Mr. Brisson briefly reviewed the Planning Staff Report. Both the Planning Board and Planning Staff are recommending approval. KIRK -ABSENT C. WILLIAMS - YEA MARKHAM-YEA L. WILLIAMS - YEA WATFORD - YEA MOTION CARRIED. Mr. Adhesoil was not present when this item was ready to be discussed, therefore the matter was not presented. However, Mr. At hes ri arrived at 7:10 p.m. and the matter was considered later during the meeting. Mr. William Aifftesbn of 302 Southeast 8" Avenue addressed the Council regarding a problem he was having with his neighbor blowing the grass clipping out of his yard, into the City street, which then blew into Mr. Aclie h's yard. City Code Book Section 30-34 addresses the matter and prohibits yard debris and clipping from being purposely blown into the City street. Administrator Whitehall presented information as to the status of the matter based on the Code Enforcement and Public Works Department's involvement. The matter has been an ongoing situation, with City Staff handling it as best as possible. The Council thanked Mr. AcftWh for his time and advised that City Staff will continue to get cooperation from the other land owner, to be sure of his compliance with the City Codes. There was no official action taken on this matter. Council Member C. Williams moved to approve a Police Officers' Pension Trust Fund Agreement Concerning Deduction from Retirement Benefits for Qualified Health Insurance Premiums; seconded by Council Member L. Williams. There was a brief discussion on this item. It was noted that the cover letter from the pension attorney referred to an agreement for the Fire Pension Fund as well. However, that agreement was not presented to be approved. 1 1 • RECEi VEO NOV 2 7 2007 To whom it may concern: I Bill f:M• I s 4 would like to speak at the next council meeting. I have a situation with a neighbor who when he cuts his grass he blows all of the clipping over half way across the street and I end up with all the dust, dirt, and clipping on my side of the street and due to traffic it ends up in the house causing a lot of dust. I have explained this to several city employees and I have not had any answers as to why he is allowed to do this. Sincerely, Bill dhesdh 302 SE 81h Ave Okeechobee, FL 34974 863-357-3645 & 7 - q Q1. 0?