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2004-04-06 Regular736 CITY OF OKEECHOBEE APRIL 6,2004 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA 1. CALL TO ORDER - Mayor: April 6, 2004, Regular City Council Meeting, 6:00 p.m. Ill. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist Church; Pledge of Allegiance led by Mayor. 111. 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 D. Clayton Williams, Jr. City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea Deputy Clerk Adriana Berry IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 16, 2004 Regular Meeting. PAGE I OF 10 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 6, 2004 Regular City Council Meeting to order at 6:00 p.m. The Invocation was offered by Pastor Al Jaquith of the Basinger First Baptist Church; Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the March 16, 2004 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. I I L- 737 AGENDA V, AGINDA"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. 852 pertaining to Street Closing Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest V Avenue and aligned between Blocks 59 and 60, City of Okeechobee - City Attorney (Exhibit 1). Ib) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 852 by title only 1 2. a) Motion to adopt proposed Ordinance No. 852. APRIL 6, 2004 - REGULAR MEETING - PAGE 2 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any requests for additions, deferrals or withdrawals of items on today's agenda. New Business Item H was withdrawn from the agenda. Mayor Kirk took a moment to recognize three members of Boy Scouts Troop No. 955 who were present and working toward earning their Communication Merit Badge. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:04 P.M. Council Member Watford moved to read by title only proposed Ordinance No. 852 pertaining to Street Closing Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest 3 Id Avenue and aligned between Blocks 59 and 60, City of Okeechobee; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 852 by title only as follows: "AN ORDINANCE CLOSING, VACATING AND ABANDONING THE RIGHT OF WAY LOCATED BETWEEN BLOCK 59 AND BLOCK 60 KNOWN AS NORTHINEST3RDAVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLATBOOK 1, PAGE 10, AND PLAT BOOK5, PAGE5, PUBLICRECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THECITYCLERK 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 Markham moved to adopt proposed Ordinance No. 852; seconded by Council Member Williams. 738 APRIL 6,2004 - REGULAR MEETING - PAGE 3 OF 10 AGENDA VI. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. VII. NEW BUSINESS. A. 1. a) Motion to read by title only and set April 20, 2004 as a public hearing date for proposed Ordinance No. 853 pertaining to Construction Licensing Enforcement Procedures with the City and County - City Attorney (Exhibit 2). COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk asked whether there were any questions or comments from the public. Mr. Joe Tootle appeared before the Council and asked what relation the Hamrick Trust has to abandoning the property? Attorney Cook responded, abandoning the street is within the discretion of the Council. It is up to the Trustees of the Hamrick Estate to enforce any claims they may have in the property. Mr. Tootle further stated that he objected to the closing of the street or any alleyway. This closing is not in the best interest of the citizens as a whole, but to only the one property owner. The City does not know when the street will be needed in the future for public utilities or as a right-of-way. Clerk Gamiotea reported that all fees have been paid by the applicant. The ordinance was advertised in the Okeechobee News on Friday, March 26. Twenty-two letters were mailed to surrounding property owners, with only one objection, Mr. Tootle. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:17 P.M. Council Member Watford moved to read by title only and set April 20, 2004 as a public hearing date for proposed Ordinance No. 853 pertaining to Construction Licensing Enforcement Procedures with the City and County; seconded by Council Member Williams. APRIL 6, 2004 - REGULAR MEETING - PAGE 4 OF 10 739 F� I VII. NEW BUSINESS CONTINUED. A. 1. b) Vote on motion to read by title only and set public hearing date c) City Attorney to read proposed Ordinance No. 853 by title only 2. a) Motion to approve the first reading of proposed Ordinance No. 853 b) Discussion. COUNCL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 853 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 660, PROWDING FOR INTERLOCAL AGREEMENT INITH OKEECHOBEE COUNTY, FLORIDA TO COMBINE AND CO-ORDINATE CERTAIN CONSTRUCTION LICENSING ENFORCEMENT PROCEDURES AND APPEALS FOR THOSE CONTRACTORS WHO ELECT TO WORK YWTHIN THE CITY OF OKEECHOBEE; PROVIDING AND ESTABLISHING PROCEDURES FOR CITY STAFF TOINVESTIGATEAND PRESENTCONSTRUCTIONLICENSING ISSUES OR WOLATIONSBEFORE THE OKEECHOBEE COUNTYCONSTRUCTIONINDUSTRYUCENSING BOARD; PROVIDING FORAPPEALS FROM BOARD DECISIONS; AMENDING ORDINANCE NO. 660 TO THE EXTENT NECESSARY TO PERMIT THE CITY AND OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCESS; PROVIDING FOR REPEAL, PROWDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE. if Council Member Markham moved to approve the first reading of proposed Ordinance No. 853; seconded by Council Member Williams. On April 15,1985, the City and County entered into an agreementwhich merged the two individual building and zoning departments. The agreement required that the County amend their zoning ordinance to extend its jurisdiction over the City, adopt the City's zoning regulations to cover those areas, and that any rezonings would be submitted to the City Council for final decision. On July 6, 1993, the City Council adopted Ordinance No. 660 which exempted the City from the authority of County Ordinance No. 92-20 which adopted the County Land Development Code that did not comply with the agreed upon interlocal agreement for the merged building and zoning departments. The City later resumed its own building and zoning department. On August 28, 2003, the City and County entered into an agreement which authorized the existing County Contractors Licensing Board to hear complaints and enforce City regulations regarding contractors that perform work within the City. 740 APRIL 6, 2004 - REGULAR MEETING - PAGE 5 OF 10 AGENDA Vill. NEW BUSINESS CONTINUED. A. 2. b) Discussion continued. c) Vote on motion. B. Motion to reappoint Andrea Nelson and Marsha Montesi to the Code Enforcement Board, terms beginning May 1, 2004 through April 30, 2007 - City Clerk. COUNCIL ACTION - DISCUSSION - VOTE However, due to the language in Ordinance No. 660, the agreement would not be in effect until the ordinance was amended, which is the purpose of this proposed ordinance. Attorney Cook advised that he had several discussions with County Attorney, John Cassels. A copy of this ordinance was sent to Attorney Cassels for his review. This is the basic frame work that has been discussed and approved between Staff. However, there may be some fine tuning presented by the public hearing (April 20, 2004). Council Member Watford asked, if a citizen comes in with a complaint what happens? Administrator Veach explained, the City Staff would investigate the compliant. Should Staff conclude there is a violation, it is then turned over to the County Contractors Licensing Board for a final determination. The Council also discussed whether Contractors are required to obtain occupational licenses to operate within the City. The answer, only when their business is located within the City. Should the contractor have a state issued license, then it is only necessary for them to register with the County Contractor's Licensing Board at the time they obtain their building permit. The City also verifies that a contractor is registered with the County Board at the time of obtaining a City building permit. The Council thanked the County for their willingness to participate and assist the City with this matter. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to reappoint Andrea Nelson and Marsha Montesi to the Code Enforcement Board, terms beginning May 1, 2004 through April 30, 2007; seconded by Council Member Williams. Council expressed their appreciation to these citizens and their willingness to continue to serve their community. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 741 UR 4 1'1111 VII, NEW BUSINESS CONTINUED, C. Motion to reappoint Douglas McCoy and Dr. Christopher Mavroides to the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board, terms beginning May 1, 2004 through April 30, 2007 - City Clerk. D. Motion to appoint Kenneth Keller as an Alternate Member to the Planning Board/Land Planning Agency/Board of Adjustments/ Design Review Board, term beginning May 1, 2004 through April 30, 2007 - City Clerk (Exhibit 3). E, Discussion related to Chief Torney's retirement and his replacement - Mayor Kirk (Exhibit 4). APRIL 6, 2004 - REGuLAR MEETING - PAGE 6 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Council Member Chandler moved to reappoint Douglas McCoy and Dr. Christopher Mavroides to the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board, terms beginning May 1, 2004 through April 30, 2007; seconded by Council Member Williams. Council expressed their appreciation to these citizens and their willingness to continue to serve their community. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to appoint Kenneth Keller as an Alternate Member to the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board, term beginning May 1, 2004 through April 30, 2007; seconded by Council Member Markham. Mr. Keller would be a new appointment. Teresa Sallete is not requesting reappointment at the end of her term, April 30, 2004. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Fire Chief, Keith Tomey submitted his letter of retirement from the City, after twenty-five years of service, effective May 20, 2004. Chief Tomey has spent the last year training Battalion Chief, Herb Smith, and is highly recommending he be promoted to the Fire Chief position upon his retirement. He noted that Mr. Smith will make an excellent Chief and will do a good job for the City. 742 APRIL 6, 2004 - REGULAR MEETING - PAGE 7 OF 10 AGENDA Vill. NEW BUSINESS CONTINUED. E. Discussion related to Chief Torney's retirement and his replacement continued. F. Request approval of $8,000 expenditure to County for the resurfacing of SW 15" Street from SW 7 1h Avenue to the City Limits - City Administrator. COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk began the discussion by stating that it is time for the Council to make a decision regarding the Fire Chief position. He recommended that they promote Battalion Chief Herb Smith and not seek applicants. The Council has handled Department Head positions both ways, promoting a person who has trained under the current Department Head and advertising the position to seek all applicants. Council Member Williams made a motion to Dromote. Battalion Chief Smith to Fire Chief effective May 20. 2004. with three months Drobation and that he beg[gs comina in on ADdI 29. 2004 to finalize anv areas of trainina needed: seconded by Council Member Chandler. The position of Battalion Chief will remain open. There will be a promotion available for Lieutenant. Once someone from the department has filled the Lieutenant position and satisfactorily completes their probation, the Battalion Chief position can be filled again, choosing from the Lieutenant positions. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve an expenditure in the amount of eight thousand dollars ($8,000.00), and the additional amount to go to 5" Avenue, to the County Road and Bridge Department for resurfacing Southwest 15" Street; seconded by Council Member Markham. There was a brief discussion on this item. The original request was to go to 7" Avenue from the City Limits. However, there is approximately two hundred feet between 7" Avenue and 5 1h Avenue, and this area is in dire need of repair, the Council decided to extend the requested area of resurfacing. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. APRIL 6, 2004 - REGULAR MEETING - PAGE 8 OF 10 743 I AGENDA VII. NEW BUSINESS CONTINUED. G. Motion to award the 2004 Roadway Improvements Contract - City Administrator (Exhlbft 5). COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to award the 2004 Roadway Improvements Contract (Bid No. PW-03-10-02-04) to APAC-Southeast, Inc. in the amountof one hundred thirty-seven thousand, eighthundred eighty-eight dollars and forty cents ($137,888.40); seconded by Council Member Markham. APAC was the low bidder. City Engineer Bermudez and Public Works Director Robertson have reviewed the bid, and are very pleased with it. This is the first time this company has worked for the City. Director Robertson reported that he has seen some of their work and is satisfied with it. They are currently doing the Highway 441 North widening project. The following is the 2004 Street Paving List: Southwest 3' Avenue between 8t' and 15" Streets Southwest 16t' Street between South Parrot (Hwy. 441) and 3' Avenues Southwest 1 lt' Street between 2 nd and 3' Avenues Southwest 7t' Avenue between North (SR 70) and South Park Streets Southwest 12 1h Avenue between North West Park (SR 70) and 2 d Streets Southwest 12 th Avenue between 2 Id and 3' Street (guard rail only) Northwest I oth Street between 8" and 9" Avenues Northwest 5 1h Avenue between 6h and 7" Avenues Northwest 8 1h Avenue between 9th and 12 th Streets Northwest 2 nd Street between North Parrot (Hwy. 441) and 3r' Avenues Northwest 3r' Street between North Parrot (Hwy. 441)and 3d Avenues Southwest 5 1h Avenue between 15 th Street and 5t' Drive Southeast 8 th Drive between 9' and 10' Streets Southeast 3rd Street between 8 1h Drive and 6 1h Street Southeast 8 th Drive between 3rd Court and 4" Street VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 744 APRIL 6, 2004 - REGULAR MEETING - PAGE 9 OF 10 AGENDA Vill. NEW BUSINESS CONTINUED. H. Motion to award the Commerce Center Construction Contract - City Administrator (Exhibit 6). 11 Motion to award the Community Development Block Grant (CDBG) Contract - City Administrator (Exhibit 7). COUNCIL ACTION - DISCUSSION - VOTE The item was withdrawn from agenda. A motion and second were made by Council Members Watford and Markham to award the contract to Sunshine Land Design, Inc. Following the discussion with staff, motion and second was withdrawn, Nancy Phillips, Grant Administrator explained that a mandatory pre -bid meeting was held on March 30. Five construction firms attended this meeting. However, only one bid was received. The base and alternate bids from Sunshine Land Design totaled seven hundred fifty-one thousand, nine hundred thirty- two dollars and ninety cents ($751,932.90). The base bid alone was two hundred thirty-eight thousand, two hundred ninety-seven dollars ($238,297.00). Due to reduced funding received from the Department of Community Affairs, the City divided the bid form in two components and used the existing City Hall Park as a guideline when planning the project. The Base Bid covered items required for construction of the basic elements of the streetscaping project such as sidewalks, lighting and landscaping in Parks 1, 3 and 4. The Alternate Bid covered items required to complete the streetscaping project noted in the base bid by adding optional items desired in Parks 1, 3 and 4 such as gazebos, benches, trash receptacles, as well as construction of the entire streetscaping project in Parks 2, 5 and 6. If funds are available, minor work could be completed in Blocks 155 through 160. Park 2 will not be addressed at all unless the City absorbs the cost involved. Park 2 was intentionally left out of this project because the City was applying for a Florida Recreation Development Assistance Program Grant, as they did the City Hall Park. However, the City did not receive funding of that grant. Council Member Markham stressed the importance of the new "Use of Park Rules and Regulations." The City is going to spend a lot of time and money on this project and we need to ensure it will stay nice. Administrator Veach added, Staff intends to work very closely with the event organizers to enhance their festivals, while protecting the parks at the same time. APRIL 6, 2004 - REGULAR MEETING - PAGE 10 OF 10 745 11 11 AGENDA VII. NEW BUSINESS CONTINUED. 1. Motion to award the Community Development Block Grant (CDBG) Contract continued. VIII. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, helshe may need to insure that a 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. ATTEST: L-q, IT arie Gam`iot6alCity Clerk mes E. Kirk, Mayor COUNCIL ACTION - DISCUSSION - VOTE Council Member Watford moved to award the Community Development Block Grant (CDBG Project No. 04-DB-001) Contract (Bid No. PW 04-10-03-04) for the Streetscape Design to Sunshine Land Design, Inc. of Stuart in the amount of two hundred ninety thousand, eight hundred thirty-five dollars and ten cents ($290,835.10) leaving a balance of thirty-one thousand, seven hundred fifty-five dollars ($31,755.00) for potential change orders or additional activities/expenditures, pending approval by DCA for single source purchasing; seconded by Council Member Markham. VOTE KIRK - YEA CHANDLER - YEA MARKHAM - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. There being no further items on the agenda, Mayor Kirk adjourned the April 6, 2004 meeting at 7:05 p.m. The next regularly scheduled meeting is April 20, 2004. PAGE -1 - Crr 'i OF OKEECHOBEE, -APIUL1111, - -6 __ __ Mft___ __L_(A1 I TO OMrJL.,. Mq= Ort Agal 2004- City Council EWular bdeefing, 6800 p.m. 11. IrMNG CEREMONES: Invocation aiven by Pastor Al Jaauith. Ball Fbt BpDfisf Church PMdauVWi6u61 I �.t led bw " Jdikx Ill. �AYOR, COUNCL AND STAFF ATTIENDWE - CRy .1 QerX presem AbeeW 11 Mayor James L. KWK Council Member Noel A. C1 idi idler Couneil Member Dowlip*k. Waftd, Jr. ___Counc'1 Member Clayton William City Attorney John R. C(x* City Administrator Bill L. Veach —City Clerk Lane Gamiotea Deputy Clerk Addana Berry IV. MINUTES - CRY Clerk. A. Council Member NC moved to dispense with the reading and approve the Summary of Cutuit;ii Action fbr the Maruh W, 2004--Rwgdiai 1466�,q, awwitdod by—C�,wm.?. Membut PAJ ya� YEA NAY ABSTAIN ABSENT MAW" IWMI JAM S M V I Ira rNi: rMquVow fur tfie duuntion, UeMll OF WHRUFaWdll Of - OR WiJay 3 0q@AGa_---- New 'Busin!�'5_5 0 C&tgh -0t) MMY- 30C11" Ohl DO— So NiNvia Ji PAGE -2- V1. OPEN PUBLIGAMNG-FM OPWWACEAD61PTION - Mayor. moved to read by pq,!y�sed Ordinance No. §!Rqertainlnq.tq, Council Member St reet Closing Application No. 71, submitted by Tommy Rucks, PreWdent of United F6W'C0-Op to rthwest 3r' Avenue -and alioned behueen Blocks 59-and.60IC4 of Okeechobee - City Attorney (ExhU 11); seconded by Council Member Lfti b) Vote on motion to read by tide only. T CA WA"D VM-1-1 IAMS MOTION<i�iio- DEMED c) Attorney Cook read proposed Ordinance No. 852 by title only as follows: 'AAF ORNMANCE 1VAB4R -T AA Pi%xn I CA IND 29 1 MR -ow! W1 MMA19160 PONRM Tw � I 59 AND BLOM 6& KINW. A I .,NQWMWST r AVENUA OW OF QKWHOBSE,4S 6DK 1, PAGE 10, AND PLAT B= RJECORDO IN jqAT 8- 1 4 PAG9 PJKX REOWSs =Nft ry ORM; AND DIRISCM9 CITYCLERK TD RE='DE Ja, ORWANCEW TIVAMXRECOM OF THE CLERKOF THE CIRCUTCOUffINAMID FOR 9 mmnl; R 0=14 Ifinffin ran AN EFMTM AAW-- Member Irl -+00004, QW10'r) WW fbrn"'Ce b) Pubf1p ents-An! 0:iqw4siory .11) r fit S VP IV helQ06, ib Z �Xt I- Co 1?�tV 4fi�q - -Cped Co. Why eq u a/ fo 5 /pIs'. G (15-AM �hw-r'a jj-�Ls- -C- uln qwQ9 WhV 00'h4 fiftile P0'Qj -;6, Vote, on motion.. ak MAY MWAIR- AWNT -MK. - - CHMDCER\,/ PU b Y- r j)Q rn MT. 1� IS j �eQ t")q &aYY 11;;�10 CARIUED DRIED ti-, Oooc fy);,, 344r 57 4- CQ-V D � V rs, IeFF 04 41qe � �lp fps UnLoatcti/o bh N Nm v Pnu p it . U-0 v wcr�cm re4ptilionarert— at) on )r))PrGVirnpnt5 mct I LI9,Tl!;. 4 0 0 PAGE -3- MAY6! k, KIRK CLOSED THE PUBLIC HEARING AT U P.M. AJM,'� Council Membe 1) ul) moved to read by title only and set April 20, 2004 as a public hearing date fui pitipuotJ No. 853 pertaiwqw-Owiftetion Weensing EnfereemepA Pmcedures nded byCouncil Member r1A) with the City and County - City Attorney (Exhibit 2); seco 'MCUL lv�vv ""2,ur r te on motion to read by title only and set public hearing date. V T YEA NAY ABSTAIN ABSENT. v=7 CH DLER "m"" - ZA770111) WIL41AMS MOTION:' � FWD)- DENIED Cook read proposed Ordinance No. 853 by title onlv as follows: "AN ORDINANCE OF THE CITy OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. Oft PROWDING FOR INTERLGOAL AGREEWNT WM 10KEEZE C-H OBREE COUNTY, ItE 'CERTAIN CONSTRUCTION FLORIDA To COMBINE AND C06ORDINA LIG&Nwivu &1V1_VRt,=ME*T,PROC==MWUft3 AND APPEALS FOR Th"MOM CONTRACTORS WWO ELECT' TO WORK MTHIN THE CITYOFOKEECHOBEE,- PROVIDING AND ESTABLISHING PROCEDURgS FOR GITY 5UAI+ I _____'__1NVESTJGA7E_AND PRESEN -CONSTRUCTION LICENSING ISSUES OR VIOLATIONS BEFORE THE OKEECHOBEE COWTV CONSTRUCTION DECISIONS; AMENDING ORDINANCE NO. 660 TO THE EKTENTNECESSARY iup-riowii ttiECITYANDOKEECHODEE-COUNr,-YrO PROCESS; PROWDINGFOR REPEAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROV)DING AN EFFECTIVe VATe.- 2.a) k, Council Member mpypi to approve the first reading of proposed Ordinance N& 853; seconded by Goune'! Member uscust-10h. QnW Countv vo- he0_rd_. 91,vracy a- to jj_nW re odi n _Df-v bo ce PU -Qp a n 012 AALU D'an— unvb,o� G/ A j- In V 4�F� JD �v" -je., QfP -ep - lb U4 Vote on motion. e aij YEA --NAY- ABSTAIN ABSE_NT____ 0AM M K IM V_ R )ak' HAM dMn -iv WA W1 _MS ISM Ar &dyr A A-C L40TION: (S�,RR� - DENIED 64042J c tie jyl cl, &L (ice As.�� r of Agc-�- floT in ("I -,Q u irq� jaLcp:. Jo OqnLlu (-)cca-r-)Oh67q/ Uyl -CIOUA� QA-) Is/LqjD*i j94t PAGE -4- _ B. . Np�m�and Mamrshalkos.1 to the CAo- Enforcement F�m^md tenTts beginning May 1.2004 through April 30.2y07-City Clerk; seconded by 1 � FA, NAY .�.��. �� ` , w^ l / MARKHM NA rUkU � WILLIAMS . �� DENIED . .~-_~~�_~~ � | ^— C. ^^ftol 0 t/.��` ] to the Planning Board/Land ,teyO85 m K�n�j �� nH �1�OM�-�Ho ------ - - g~~�^~'^x,-~v ' ~^~~w,'^r'--'�~~^ ~~�~�'~^°=°°�°�"r / x' ^ g�� - �� ~ ' - ---|'' - - - - - -- -- - -' -- -- - - � � � � KIRK V - — - - - ' - WILLIAMS PAGE -5-, D. Council Member moved to appoint Kenneth Keller as an Alternate Member to the Planning BoardAand Planning Agency/Board of Adjustmei;ign Review Board, term beginning A through April 30, 2007 - City Clerk (Exhibk by Council Member May 1 90 004 WOM V-9QOOOJ'nfMe1?I-- PUI/ 'P,001d. r I � y - -u CO - 0 -XpPfl GO r V V T YEA NAY A13STAIN ASSENT T KIR C MAR. WILL "S 0 0 PAGE 4- E. Discussion related to Chief Tq 's retirement and his, replacement - M Q C'Dm mw-da h�cn 1.")j- L.h. MU.UQ -P r oxv! 0, 110 ty�c ---tv A Co rrv,. A.0 r H&ve, -Nd z! Pei ovp(. f-yense -TI UJI rA 14 fa 10 0 f-- good- W-P-1 -Ov Q TO-M-40Y - L11�5- pm4yW-"2- W uko evP r, �00 I/ ch Chi bu r-n p 5)9 re CUP I�Ielt) It E 9 T,;;m ry, ov PAGE -7- t2 'IV F. Request appAal of $8,000 expenditure to Coun4V the resurfacing of SW 15th Street-frorn SW 7th Avenue to the City Limits - City Administrator. 06kra, Coantw ed 1) f M4 UrFrw-ctic� cc_.r, ) 60 I)a 1/.e 7 r-Qb6l'h-On --ory-t-urw( rl AMP ed in y9)ojo r - - -- C7o /4- MIA WA ou cic U In TIT 00)Ct (011W WAR"I VOT Ya NAY ABSTAIN ABSENT OT JCHALER AM AM WAT RD V WIL S DENIL-ft MOTION k PAGE G. Cpuncil Member moved to award the 2004 Roadwpj IMppgv Vm nts qqLtr_acL to aruthfAdL� in e-ai-mi-o"'u'rit of P51 ag,M)", --di,ty Admifilstrator'(Exhlbit 5); 6-f-p -F e-fzl�.A� 0.0 SIT OTX o n 4Q f4h Y"T YEA NAY A13STAIN ABSENT -VdF&,- - CHArLER WILLIAMS MOTIW.,- -�-DENIED- PAGE -9- H. Council Member moved to award the Commerce Center Construction Contract to in the amount of City Administrator (Exhibilt(l), seconded bv Council Member % L OT YEA NAY ABSTAIN ABSENT ,---.--MOTLC)NL,--CARRIFn DENIED JRFqEM%RW11qW -W--- "W K lw-u -13aw—, - - —111-11-111,U-111I.W1 I PAGE 4 0- -CoundMemb-ef— moved to award the Communi Development Block Grant (CDBP) --MY Contract to Sdmhim- L, dA* in the amobnt of City Administrator (Exhibit 7); pw - k 4.LL r rfA G Ck C O-W 11 In C4- Put 4��OOG �3 �q �y. 'fi�d 0j,T7 0 CL Rh i de W a r s- Q- 05 j5 ( )n� I �V. --(F add ftumzj� C(ya, tql dc- b-P OV, 'ad cit 'H C", �Rtrd A No OCG, Lip acwe, we2-16ftw 7�-:M lakf -Int�ybj- Sep k q SM, TP qo/� � Aq/, -Bq5)fV 0/1 Op '�na �Dd 6�4 - C CprjV )y Ch f 31 1 b X1 50A it i%)Qf 17 u UIC 5- COM kb YJ We, to/ -. Asou t? 112 C-0 YM YEA MAY ABSTAIN AS ENT jo Ll r 16 :T CWDLER-/ �,On tro 7 --l-e U Cha 1Y04w,-- 14ci v eppq ap WILLIAMS te -ZEN= p Ga ?ekyo, i -bctr)ds)cii)o( aj Is. bw - cip.tjr Pw 6)T-A r �vsA KAJ il c-e, P)ot-, For doclyi(oi Pt OJLZ Cf dLdk- - Cmcp i h cibu--.� - Widraw -mohc7). /0 bakW4 0 P -3), 7-r7. Je- r-,a ctQ pro u cLA b�4� .10 AFFIDAVIT OI&BLISHER OKEECHOBEE TIMES 106 S.E. 5th St , Okeechobee, FL 34974 (863) 763-7283 Published Weekly STATE OF FLORIDA COUNTY OF OKEECHOBEE: Before the undersigned authority personally appeared JW Owens 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 121 IRI IC NC)TIC:F PC) ff 12LV? in the matter of C_LTY C(-)l INCII MEETING NnTICF CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974-2932 941-763-3372 In the Court, was published in said newspaper in the issues of 04101120 4 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. J. W. Owens, (Publisher) Sworn to and subscribed before me this day of A. D. 2004 I (SEAL) Notary Public 'A" CITY COUNCIL MEETING NOTICE NOTICE Is HEREBY GIVEN that the City of Okeechobee City Council Will wed in Session on Tuesday. Aprd 6, 204, '=NHat, >> M 3rd Ave.. RM ?00. ofida. The public is invited and am -raged to ad.,A For a copy Of the agenda contact City Adminiet.6. at (g63) 763-3372 x 212. PLEASE TAKE NOTICE AND BE ADVISED that if any Person desires to aP- PW any — M by a Council with to any Matta conside at this Meeting. u es. son . need a record o e for such pur- r4*e may to a I record f a. is It record ift- eludes the ta6mony and evkknoe upon which am appeal is to be based, Tape$ are used for the sole purpose of back-up for the C1crk!s Omce. in accordnoe with the ArnencenS with Disabilities Act (ADA) and Florida Statute 2g6.26, pawns with disabilities needing sPe- cis, amoMmodstion to participate in this pro- ceeding should contact Lam Ga"PlOtes- no later am two (2) w day' to the us pr . at 963-763-3 . 214 bcaring of voice d. call Z 222-3448 (voice) 447-5620 (TYY)- by: LANE qAMIOT City Clerk PUBLISH 041OV2004 OKEECHOBEE TIMES OFFICI.AiL NOTAi iY SLAL ROSFALEE A BRENNM R11-4 NLJMBFR CC 9140770 MY CIC*11\ `X W, -)N FXP[Prs jt INP 71". CITY OF OKEECHOBEE APRIL 6,2004 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 3 1. CALL TO ORDER -Mayor: April 6,2004 City Council Regular Meeting, 6:00 p.m. 111. OPENING CEREMONIES: Invocation given by Pastor Al Jaquith, Basinger First Baptist Church. 0 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 Clayton Williams City Attorney John R. Cook City Administrator Bill L. Veach City Clerk Lane Gamiotea 0 IV. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the March 16, 2004 Regular Meeting. V. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. APRIL 6, 2004 - CITY COUNCIL AGENDA - PAGE 2 OF 3 VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No. 852 pertaining to Street Closing Application No. 71, submitted by Tommy Rucks, President of United Feed Co -Op to close the right-of-way known as Northwest 3 rd Avenue and aligned between Blocks 59 and 60, City of Okeechobee - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 852. 0 2.a) Motion to adopt proposed Ordinance No. 852. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. VII. NEW BUSINESS. A.1.a) Motion to read by title only and set April 20, 2004 as a public hearing date for proposed Ordinance No. 853 pertaining to Construction Licensing Enforcement Procedures with the City and County - City Attorney (Exhibit 2). 0 b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed ordinance by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 853. b) Discussion. c) Vote on motion. APRIL 6,2004. CrrY COUNCIL AGENDA - PAGE 3 OF 3 0 VII. NEW BUSINESS CONTINUED. B. Motion to reappointAndrea Nelson and Marsha Montesi to the Code Enforcement Board, terms beginning May 1, 2004 through April 30, 2007 - City Clerk. C. Motion to reappoint Douglas McCoyand Dr. Christopher Mavroides to the Planning Board/Land Planning Agency/Board ofAdjustments/Design Review Board, terms beginning May 1, 2004 through April 30, 2007 - City Clerk. D. Motion to appoint Kenneth Keller as an Alternate Memberto the Planning Board/Land Planning Agency/Board of Adjustments/Design Review Board, term beginning May 1, 2004 through April 30, 2007 - City Clerk (Exhibit 3). E. Discussion related to Chief Tomey's retirement and his replacement - Mayor Kirk (Exhibit 4). F. Request approval of $8,000 expenditure to County for the resurfacing of SW 151h Street from SW 7�' Avenue to the City Limits - City Administrator. G. Motion to award the 2004 Roadway Improvements Contract - City Administrator (Exhibit 5). H. Motion to award the Commerce Center Construction Contract - City Administrator (Exhibit 6). Motion to award the Community Development Block Grant (CDBG) Contract - City Administrator (Exhibit 7). Vill. ADJOURN MEETING - Mayor. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purposed may need to ensure a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk. 0 0 EXHIBIT 1 - APRIL 6,2004 AGENDA ORDINANCE NO. 852 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE RIGHT OF WAY LOCATED BETWEEN BLOCK 59 AND BLOCK 60 KNOWN AS NORTHWEST3 RD AVENUE, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (No. 71) from United Feed Co -Op president Tommy Rucks for the closing of a certain right of way as described in this ordinance to utilize the entire property for future development; 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 right-of-way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: That right-of-way known as Northwest 3rd Avenue between Northwest 7th and 8th Streets aligned between Blocks 59 and 60, City of Okeechobee as recorded in Plat Book 1, Page 10, and Plat Book 5, Page 5, public records, 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 6 th day of April., 2004, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2 nd day of March, 2004. James E. Kirk, Mayor Page 1 of 2 0 0 ATTEST: Lane Gamiotea, City Clerk PASSED and ADOPTED on second and final public hearing this 6 th day of April, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. Kirk, Mayor 0 0 MEMORANDUM To: Mayor, Council Members, and City Attorney From: Lane Gamiotea, City Clerk' Subject: Street Closing Application No. 71 Date: March 31, 2004 This is the final public hearing regarding Ordinance No. 852 closing the right-of-way known as Northwest 3rd Avenue and aligned between Blocks 59 and 60, City of Okeechobee. 0 All fee's have been paid. 0 The ordinance was advertised in the Okeechobee News on Friday, March 26. 22 Letters were mailed to surrounding property owners. To date only one person has objected to the street closing, please see attached comments. Please do not hesitate to contact me should you require any additional information regarding this application. Thank you. 0 0 March 15, 2004 As a surrounding property owner I received notification of the proposed ordinance to close the street as requested by United Feed. I strongly object to the closing of this street, or any street or alley for that matter. I am of the opinion that it is illegal because the Council is charged with finding it within the public interest to close this street. I cannot find where it would be of any public interest to close this street. The only reason given is because United Feed wants it. I also object to the closing of the street because you do not know when it will be needed for future public utilities or a right of way. Many cities have learned the costly lessons of closing streets and alley's to serve only one property owner's interest. Unless the closing of this street is in the best interest of the citizens, this is illegal and I object to it. J.A. Tootle 711 Northwest 4 th Avenue Okeechobee, Florida 34972 No. 71 2 1 4 3 2 1 Street Closing Applicata 1 2fJ2— [JJJ J12JI2 �52J 5 1 7 8 Subject Street NE IM S (70 1 14 114 -1[ 2111110 19 18 17 [5 4 111 2 11 1 !1 4 1 2 1 .19181 :;2 4 1 ' 1 �15] 6 7 e 9 1 11 23 15 21111 , 'R 1 16 2! 2e I -I ��ifl E 12TH ST (70 �'Surroundlng Closed Streets 2 1 IJJ442J1f.J9J8 7 12 '119101 7 [051-11413 21, 2 1 1 13 4 14 2e I f J1J T2 I � 1 12 5 15 15 1 1 JfJ I, rp — 16 :;2� 1 9 8 7 6 5 4 3 2 1 1 1 '11 1) 61 1 1.1-51413121 1 4 15 1 1 201214fffi 16 4 111 IT-1 NF IOTH ST (1001 0 5 R z 0 ULYA W "T 1wm mug Im. OEM fm am NW 7TH ST (100') Is 4 L3 W21 )[5 51+12111 6 6 51,11,112111 51 d--, 1 2 111 7 1 7 70') 4 5 3 2 1 6 3 2 1 6 5 41312111 6 5 4 J11 1 E 7 111 11 IM Fa 1E I F NE 5TH ST i 70 4 6, 054,..3 ","T'l, 1 11 5 3 2 1 6 5 4 3 2 1 6 5 4 3 2 1 0 0. 000 8 C111 1 8 9 1 11 7 8 9 1 111 7 a 9 1 11 NE 4TH ST TIT) 4 121 1 pr 'C _.L_ 3 "11,111, -1 2 1 111� 5141+1 11�' 6 1111] 3121 1 [S' -4 1+ 8 7 '51 NE 3RD 6 5141312111 7 a 9 1 11 7 L G L E— R p —A SE PARK ST (70') - F3 /9 1 0//, CITY OF OKEECHOBEE STREET OR ALLEY CLOSING APPLICATION Please type or print: IIAPPLICATI,ON NO��"��, 11 -1) UNITED FEED CO-OP - , INC .-T(Tmiy Rick,�, President P.O. BOX 485 708 N W 2ND AVE (34972) OKEECHOBEE, FL 34973-0485 863-763-2145 t .. ..... .. ... iiWaINY In thd CITY OF OKEECHOBEE o1rFIRST'A00MON OFICITY�qffW, DES C R I Pg. I "a too 91.010 Int rorT6 t�drv,�j, vlil6h'i the '.y ..t frot. the �41,�rl�kjruat� " 11y� OF'�TR��E!,Ti4CLE' "'Aia Wt 4!b.thr,,,, US@H,,y. 441 S. Okee, FL: 3497 �A THE NC,"Fif T —,S-RTY— 17 2 2 1 7 :—FIF 0 7 8E RIFA � f4 RIGHT—OF—WAY KNOWN AS NORTHWEST 3RD AVE�IUE AND ALIGNED BETWEEN BOCKS 59 AND 60, CITY OF OKEECHOBEE P U RPOSE �017, C L 6 61 N b,"," ""'I" ,, -' T"STREE-ri"ALL PURCHASING Note: if property is in two names by the word "and" both signatures are required (for example: Jim and Jane Doe). SIGNATURE OF APPLICANT: SIGNATURE OF CO -APPLICANT: Print �1`ame- Print Narne: ,, �, ;7 , President - United Feed Co-op, Inc. The foregoing instrument was acknowledged before me this je(CLIL, by (date)' and W4 is pereonally known to me or (applica,-; (co -applicant) who produced ff-Itrz— as identification and who did (did not) take oath. SHARON L. WILUAMS Notary Public, StA of 14�272006 56 1 -Z My Comm. Expires Mal 23, 2 Corn�. No. 00 1 7,,- Notary Public, Commission No. Ignature) cl� , L U�i L�-j -7)-1' (Name of Notary typed, printed or stamped) FORM 1123 FLORIDA ff'—, 11—d flr—, . (,,,p) REV 10176 �� "'I"', :."': W W W Z W > W Z ir 0 Q 0 0 4 W 0 Z- 7 "1 W ID "Y-1- 97-1. Made this day of March AD 19 79 peftueell, HUCO' INC. a corporation existinq under the laws of the State Of Florida having its principal place of business in the County of I I llsborough, andStateof Florida party of the first part, an� UNITED FEED CO-OP, INC. of the Cou.qtv of Okeechobee arid State Of Florida part y of tile second part, who se mai 1 ing addr ess i S : PO I�L'X IIE',, 0Vf:F , I I �� '1'1" ,gilliceectil, That the said party of tile first part, for arid in consideration of the suin of ---- TEN AND NO1100 ----------------------------- Dollars, to it in /land paid, tile receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, arid by these presents doth grant, bargain, sell, alien, reinise, release, convey arid confirin unto the said part y of the second part, arid its heirs arid assigns forever, all that certain parcel of land lying arid being in tile County of Okeechobee arid State of Florida, inore particularly decribed as follows. Lots 1 to 14 inclusive, of Block 59, TOWN OF OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 2, Page 17, of the Public Records of St. Lucie County, Florida; said lands situate, lying and being in Okeechobee County, Florida. F' L A 7' q P 0 a 1, Vi [jj�, if -.1-71 �q DOCUFNTARY SUR TAX �G 7 3.75 ZV8Ct1jVr with all the tenements, hereditaments and appurtenances, with every privilege, ri,ght ' title, interest arid estate, reversion, remainder arid easement thereto belonging or in any- wise appertaining, Zo �iabc ailb to �iolb the same in fee simple forever And the said party of the first part doth couenant with the said part y of the second purt that it is lawfully seized of the said premises, that the), are free of all incumbrances, arid that it has good right arid lawful authority to sell the same; and the said party of tile firs t art do - hereb to said land, arid will defend the saine agains t tile la./ul clatir'Iss y fully warrant the title of -,al persons whomsoever �Jlt �Jljtneso �111jervof, the said party of the first part has caused these presents to lie signed in its name by its President, and its colp- orate seal to be affixed, attested bY its (Car I—e- tile day arid year above written Huco, Inc. test, Gene Moore mib Petiberrb hi Our Vrezence: By d7 J. A i�iley, Pres�JaL�nt f)11 --1 -1-': esident. OP1685 WARRANTY OVID RAMCO FORM 34 FROM INDI Vie UAL 10 CORPORATION twnK 2,51 1`4C-E 4-19 This Uarrianty Bred l"lude Ibe 22nd Jay (if October, A 1) ig 82 Fly MICHAEL S. HOLMES and LINDA S. HOLMES, his wife Itoreinuffer called lite Urarilor. to UNITED FEED CO-OP, INC., a Florida Corporation a corporation exisling Urider lite 101415 Of lite State Of FLORIDA . Ll,ill, its perrilarleril I)OS(Offire address at Post Office Box 485 Okeechobee, Florida 33472 liereinafler called file grarilee 06, (Nyl ....... "d i,,d4.d..1,, nd h� lh� I ..... 1,.1 .d — :,,,, ,.1_,,1:,_P,.nd —ig- of bitileSSefll: 7-1101 file grantor, for and in consideration of lite stim Of $ 10 . 00 and ofiter valuable considerations, receir)l U'llereof is liereby acknowledged. liereby grOtti-5, bargains, sells, alieTIS, Fe- mises. releases, cOIIV(?3's 011d COT' firnis unto lite grantee, all Ii'at certain land siluale in Okeechobee County, Florida, viz Lots 15, 16 and 17, Block 59, OKEECHOBEE, according to the plat thereof recorded in Flat Book 1, page 10 of the public records of Okeechobee County, Florida. SUBJECT TO: Restrictions, Reservations, and Easements of record. ffTAT E FILEU S TAI;IP FAX i OKEEC11" F, E-FT. _0� FIFE _VF VU_ 7 4. OC117 Pa. 50256 1982 OCT 22 P11 1: 06 -:-Hoci CLERK OF ETIAIT. UOU0 Together rt,ill, all Ill, 1,ereditaillerl(s arid appurleriarices liter,lo belonging or ill any- wise apperfainiliu. To Eave and to hold, ill, s.,,,, ill fee simple forever And file grantor lierel, ' v couellartis u)illt said tirarifee Illat (lie grantor is lawfullY Seized Of said l""d in fee siniple; flial lite grantor lilts good riglit arid lawful aul/lori1v to sell arid cotivey said tarid; Ilia( lite grantor Ilereby fully warrartis lite title to said land on(l will defewl tile snille ag(rinsf lite lawful claims of all persons rlilioirisoever; will 111<11 s(jid laml is free of all erictjrrtl)ratIc(,s, ejc,j)I I(txes accruilig 5tII)Se(II(VIIf to /Jecernber 31. v) 81. Ill Uitness - ljere0f, file said It., liereurilo set our liand and seal lite day aild year first abou lh� Sig se fill 11 ivered ill our presence -CIIAEL S POL/ ,z � /�_z /D iK 1�14 1 �._ . h I-V12-2'T :1 ......... ..... T NDA S . HOLMES SFATE OF I'LORIDI�, COUNTY OF Okeechobee I IIERFIl'i CERTIFY that ort this d.y. before ... c, officer duly authori/ed ill dic S1.111 if-csilid _I ill (b, (:..,,ty ,f..,,.,id tr, take a,k,,l,.dq ... mt,, per�.,Ially alw1,11,11 11,� : ............. Michael S. Holmes and Linda S. 11ollnes, his wife ,'ul -ine k.o'wn to be lite 1mrsoll S d,ib,d ill ,-,d ,llo xcc,-tcd lite iweg.i"g i"311—i'm ,,,d they ack,lledQ,d tilat-th ley cxecutrd lite s.ii my haiid art(] official sl'al it, the Coklllt� aI'd State last aforrsa this 2 2nd da) "t O�tp ei A. D 198 2 q Notary Puhlir Sl;)Ip of Florida At LTV f My Commissiall Expires April 19 1986 Tlits btffrumoa vrawnd bi, I R E RXJ-,QE3!G I-AKE TiTL.E COMPANY 0 R 710 WARIll OEEO q flA.C. F-IFIll 'I qXJ) A-C-- �31 , P 5.5 R. H Ili October A 1) 11)81 l,V KATHRYN. S. WILKINSON, a married woman, formerl,- KATHRYN SWEIATT Itereinaftv, (ollv'l file ruoulet to UNITED FEED CO—OP, INC. IVilose I)osloffi,(- u,l,l,v,s i� Post Office Box 485, Okeech,)bee, Florida 33472 hereinafter callecl file 9ionive A .... ........ I .............. —d .. ..... ....... .I ............... ) for will in co,tsidc,oli .... .. f file 5 ... 11 of 10.00 1 .... I odwr Valuable consid(o-alions, r il,l o4wreof is aA ....... 1-1q,"I qr(uo, borgains sells, re- inises, releases COMICIVS Fuld c-OrIfirillS urI10 file grarilec, (111 llt(il Corloill Jorl(l siluole in Okeechobee County, Holidn, vizz Lots 18, 19, and 20, Block 59, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Subject to restrictions, reservations, covenants, and easements of record. iE�— —F-- --, 5F C) F— � I q A 143559 6 7 r 01 OCT 3011 P 13, UEPT OF TJEVl NUF FILEO FOR RE17,11r! 1 1! 11! 1 � OKEE(Tf— 1, 1981 OCT 2G Idl 9� 32 CLV- CLEP,K or' CIRCU11 COURT Together .,illI III lite terternenis, here,lilarnelifs ancl cippurfenopices literedo belonging or III any- wise appertaining To Have and to Hold, file saute it, fee siviple foreuer Bild file grartior Itereby covenants willi sai(l grantee Ilial the grartfor is laulfultv Seized of Said larlel in fee sirnple. lital lite grantor fout flood riplit rl latuful outliorify to sell ond coluley Said l(Irul, 111of file grantor hereby fully warrants 16 title to soi(l lalul (,fill Will 114011d file Soule olub'st Ille lawful chouls oi all persons whoutsoover, arol Illot soul huld is I've of ('11 im,braw-es 1oxe5 ncrruinq sid—,,ft ..... I to Decernber 31 1980, h10itiless 1011creof, file Sol([ grantor lots signel-I oucl settled these presents file day and vvor first above tvrillert. d in our presence Kathr Wilkinso'll STATE OF FLORIDA SPACE F,EtoW FOR RECORDERS USE COUNTY or OKEECHOBEE I HEREBY C:E1k*yll-Y il,,t oo thi, dn), ,,I Ulli—r awho,i-d in llo, Stno, -A-11-1111 1-11 ill 1111 (-l"ItY -f-II—Ill IU t"'. KATHRYN S. WILKINSON, a married woman, formerly KATHRYN SWEATT '01.�(O- patt" nr.�y" drs-ib,d i. —d -h� --t-J th, A, If. ;i),,--ot —d she tcko—1,dged bef— -I,, th-It sl,, `,�'.JTNESS toy hrld old olf,ci,11 11-d :11 th, C-Iolt) "I'd L) 5 d- )f October 1) 19 Notary Public state Of Florida At LWV ",7-7)lYhlS1j,u11lt /it plepaled My Commisslon EnireS M&Y 28- 1985 B,rt, r MinvTer Okpprhnhrp Ah�iriri r—.—, WARRANTY DEN) RAMCO FORM 34 2,55 1. " 58 FROM IND]YIDUAL TO CORPORAIION 11, This 10arranty Dred made III,, -9th Jay of JUNE A D 19 8 3 i,y MARY HOSTETLER, a single woman lioreirtaffer called lite graitfor, to UNITED PEED CO—OP, INC. a corporaliort existing under lite lou's of file State of Florida willt its permanent posloffiCe address at P . 0 . Box 485, Okeechobee, Florida, 33472 liereinaffer called lite grantee P."; —d f i,,d ... d..I,, ..d :", W41165flh: Tito, lite grantor, for and in consideration of (lie surn Of $ 10. 00 and ofiter valuable considerolions, receipt wilereof is llerel)y achriowledged, liereby grarils, bargains. sells, alieus, re- mises. releases, COTIL'e)'S and Confirms unto lite grantee, all Ilia( certain land situate in Okeechobee County, Florida, viz Lots I through 14, inclusive , and LoLs 16 uhrough 20, inclu— sive, of Block 60, OKEECHOBEE, according to the plaL thereof recorded in Plat Book 2, Page 17 of the Public Records of St. Lucie County, Florida, and a copy of said plat being recorded in Plat Book 1, Page 10 of the Public Records of Okeechobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. STATF-7 rn .11 1 112 9 (L 4 ? 7 li 11 Together illi all lite lenentents, lier-edilamenis arid oppurlerutrlCeS Ilterejo 1jeloriging or in Orly wise apperfaininU To -Have and to 1404 lite Some ill fee simple foreL-er Rad file grartfor cot�euartls ivillt said 'oranlee flint Ilio (Irantor is 1(ttiyful[V seizrd Of Soid lorld in fee simple, flial lite grautOr lios (Too(/ riUlit and lawful uulliorih, It) sell arid conuey Said Lltld, Illot file grantor liereby fullv Il"Al-larifs lite title to said lorul arid will fivf(I-1 dw smm' oq"i"sf Ill, lou'lul Claims Of all persorts u)ltoro.soet-er, mid Iftol ,oid 1.tuid is free Of all (111t-1,1111 .......... S, ek(*,,Iil (O,es Occruilqj to December 31 l()82 FILEO f - 0'7� i'�Ecollu OKEECIlow'[ [ f!j It.1 1 1'. i-I '� 155284 1903 JUH 29 AM 11: 03 lite Said grantor lins liereurilo ei CLIfiliLtIdicipc! se ' 11 lite dnv orld year firs bo(;C written. CLERK or ir,-i, i ul COURF Si Old, Sealed 011d 11111i(ICIC(l ill our pre.5e,ice X. Mary Ho 'LeLler 8 FA . I*E COUNTY 01: Okeechobee I HERED'i that on this day, before Ill(', .111 officer d.ly ,O(liid ill Ill' fmmlid —d ill [h, ('.nty 'formid t(, tak� ,(k ...... l,.dt�.ncnt,, I ......... ally MARY HOSTETLE'R, a single woman to ine known to Tic (lic 1)crsuti d—,ib,d ill -ld ,ho --t,d the f-lu-19 i( ....... m mid she kn 1'�de'd before me tlllt She exr—trd the 111C R WITNIESS in) liarid ,nd official sval in the Courm ind State 1.1st iforesaid thi, 29ch h). of E JUNE D ig 83, T....... . U R N Com94—_,t�� Expires: T r NGlary PlIbli(' slatc! of rj0Tjd1___` 0 T7jis �us;mmofliprc paral 1, - y fA'1 Ccn!?llts;i;i;t Expire, 1,jly 11, 19BG T-1 W. CONELY, 111 '20 7 �R,l 2nd SLre-L If- 45 - 16.7_� R E T U R N T 0 WAa*A04?V bills nAMCO FOnM tDOM IMCMDUAL TO C01POtAtIOA 25 06 Tils Warranty Veed mode A# day of AUGUST A. D IQ 83 by S. M. GOODMAN hereinafter called the grantor. to UNITED FEED CO-OP, INC. a rnrporalton emitting under the laws of The Slate of Florida with If# permanent postoffice address nt Post Office Box 485, Okeechobee , Florida 33472 hereinafter coiled the grantee: '(Wh— " —d h."I. h' "�, 119-1 Wi[RCSSf1h: Thai the grantor, for and In c6risiderallon of the turn of S 10 . 00 and other valuable considerations, receipt whereof is hereby achnowtedged. hereby grants. bargains. selft, aliens, re - mites. rvicajes, conveys and confirms unto the grant##, all that certain land situate In Okeechobee County, Florida, viz: Lot 15, Block 60, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, rage 5 of the Public Records of Okee— chobee County, Florida. SUBJECT TO restrictions, reservations and easements of record, if any. The real property conveyed hereby is not the homestead or resi— dence of Grantor, is not contiguous or adjacent to the homestead or residence of Grantor, and no dwelling structures are located thereon. !�;T F- Ci F%1 10 1 5 Together wilh .11 (he tenements, he,ediiamenti and appurtenances or In any- wise appertaining. TO 140f Afld to E01d, the Sarno In fee simple forev'er. End 16 grantor hereby covenants with said grantee that the grantor Is lawfully seized of sold land In fee simple: that the grantor lint good right and lawful authority to sell and convey told iand: that the gronfor hereby fully wnrrants the fill# to sold land and will defend the same against the 6wful claims of all person� whomsoever; and that said land Is free of all oncurnbrancey, except taxes accruing subsequent to Decem b er 31. 19 8 2 FILED FG?—t 7,FCO,�D OKEECHOFE.:- Fl 156590 1983 AUG 29 AM 11: 04 CL,i-' �L i* i , , , CLERK OF C;RCUli CNIV ]a Witness Whereof, The said grantor licu hereunto set his hand and seat the Cray and year first above written. Signed, seat d d Its, rq IV,,,nc.: Witness: e, 411�71' e_ ................. 2�1' . ............. ................. ... 81-ATE OF n)oz=,K TENNESSEE COUNTY OF -/) x 4� ..( . ........................ ........ I . ................ ........ In S. M. Goodman ... ... ........ ............... ... ....... ... ... ... (01 I HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State aforessid and in the County aforesaid to take acknowledgments, P . ersonAlly appeared S- M. GOODMAN ic me known to be the person described In and who executed the foregoing instrumcn.Ats� t'6 7 ' icknowledgcd before me that he executed the same. WITNESS my hand and official seal in the County and State last mforeixiA this oty of August A.D. ig 83 c Commission Expire�':,..' 6150 1-1 Th� hutruntent prrvarrd by: Addreff TOM W. CONELY, III 207 NW 2nd Street nkP,Prhnhn,- Fln 1147? ( rnT N T)',' � T- N I ) Z" P, 4K, �,, A- q - C) �? I L CI Authorized Signature Typed Name & Title Phone No. . te Authorized Sig E� LV -E: -I L--�L, � /A �-,-L - 3 12' Typed Name & Title Phone No. Date -7- del' ia,CibjQf's4." 6,d\71-ec,71�xj 0 7 Ave,;.- 6, e c bbee-ATU, ) 3 2 '6' -2,187t-P,1�01,-'I�.,��, 5X7-1,0� -�71e7 Authorized Sig"ture Typed Name & Iitle Phone No. Date jech" bl" fl Uth' 4, 6 C- 7G3 -7f-4 1-)-�-Ock C-'A'uthorized Signaturd Typed Name & Title Phone No. Date Required Only For City of Okeechobee & First Addition to City of Okeechobee Subdivisions: a C A- )C-E z- 1"7- j -rW,-,- st Z) -7� d V6 3- 7Z 3 3 IS'�/ Authorized Signature Typed Name & Title Phone No. Date Page 3 APPLICATIONAO, 0 INSTRUCTIONS4'Aftd0a "I"anI&I ges, J hY applicant. Retu�rri"en'tir'e"'a'o'piic�'i 4" to,.the City Clerk's Offil'�e�,` Thp�$26,00� q�. tiop i fee is t en paid. THE CLERK'S h WILL HAVE TAE-FOLLOWING��'DiE�"A,iwmght"�tiGN OFF BELOW: No comments or objections. PUBLIC WORKS,, DEPARTMENT 2-6-04 Authorized Signature Date Au �oried Signature Date Danie Fcterstcn, Public Works Director 0= Banmij--z, City a-gineer Typed Name & Title Typed Name & Title POLICE �b camimts or obiecticris. DEPARTMENT Authorized Signature Date Dffmy Dwis, Police Chief Typed Name & Title FIRE DEPARTME NT' �b camn'ts or objectic"s Date Keith Tamy, Fire Chief Typed Name & Title or (biecticns- M C."ent ADMINISTRATION 0 Authorized Sidnature Date Bill veach, City AdTdnistrator Typed Name & Title APPLICATION APPROVED BY: 1W LANE GAMITOEA, CITY CLERK DATE' Id Revised 413103-LG EXHIBIT 2 — APRIL 6,2004 AGENDA ORDINANCE NO. 853 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 660; PROVIDING FOR INTERLOCAL AGREEMENT WITH OKEECHOBEE COUNTY, FLORIDA TO COMBINE AND CO- ORDINATE CERTAIN CONSTRUCTION LICENSING ENFORCEMENT PROCEDURES AND APPEALS FOR THOSE CONTRACTORS WHO ELECT TO WORK WITHIN THE CITY OF OKEECHOBEE; PROVIDING AND ESTABLISHING PROCEDURES FOR CITY STAFF TO INVESTIGATE AND PRESENT CONSTRUCTION LICENSING ISSUES OR VIOLATIONS BEFORE THE OKEECHOBEE COUNTY CONSTRUCTION INDUSTRY LICENSING BOARD; PROVIDING FOR APPEALS FROM BOARD DECISIONS; AMENDING ORDINANCE NO. 660 TO THE EXTENT NECESSARY TO PERMIT THE CITY AND OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCESS; PROVIDING FOR REPEAL, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 660 to opt out of inclusion of the City into certain ordinances adopted by Okeechobee County, Florida concerning the jurisdiction of the county over zoning, planning and development issues, including building and license permitting, within the incorporated area of the City of Okeechobee; and WHEREAS, the City of Okeechobee, Florida operates its own building department, as well as zoning, planning and development boards, to address these issues within the City for permitting, inspection, enforcement, and other issues; and WHEREAS, the City of Okeechobee, Florida, through its codes and land development regulations, does not possess a code, board, or mechanism within the City to adequately address enforcement of construction industry contractor licensing issues, including violations, that may occur within the incorporated area of the City; and WHEREAS, Okeechobee County, Florida has a construction industry contractors licensing board in place to address such licensing issues, and has agreed to participate with the City of Okeechobee by allowing its board to hear and consider such licensing enforcement issues, by execution from time to time of an inter -local agreement concerning same; and WHEREAS, the use by the City of the County Licensing Board for these issues will provide protection for its citizens against unlicensed contracting, failure to comply with building codes, provide a list of contractor references, require insurance coverage by a contractor, set forth minimum training and experience standards for a contractor, and provide other valuable services for citizens of the City of Okeechobee; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: REPEAL OF CONFLICTING ORDINANCE. A. By this ordinance, the City of Okeechobee, Florida specifically repeals any portion of Ordinance No. 660 that purports to opt out, or exempt, the City of Page 1 of 3 0 0 Okeechobee from the application, operation and effect of Article 1, Section 1.09.00 contained in County Ordinance No. 92-20, County Land Development Regulations, to the incorporated area of the City of Okeechobee; however this repeal shall only apply to those functions of the City and County that pertain to construction industry licensing and enforcement issues of the City and County. B. The intent of this repeal is for the City of Okeeechobee to continue to exclusively provide for the enactment of codes, regulations, procedures, licensing and permitting matters that pertain to all zoning, building, planning and development functions within the City of Okeechobee, but to enter into inter -local agreement with Okeechobee County only for the purpose of enforcing construction licensing codes or violations before the Okeechobee County Construction Industry Licensing Board, that may occur or arise from time to time out of construction activity within the City. SECTION 2: PROCEDURES. A. The City of Okeechobee shall provide, through its building department, department of General Services and Department of Finance, sufficient staff to receive, process, and issue permits for contractors, builders, handymen, or others who wish to perform such services within the City; to cause inspection of the work; to receive complaints from the public, to investigate violations, including but not limited to unlicensed contracting; exceeding the scope of a license; failure to complywith applicable codes; failure to possess insurance; and other matters as in the discretion of the City are necessary for protection of the public by providing for quality and reliable work by contractors. B. The City of Okeechobee shall create and maintain a system of records to monitor the issuance of such licenses, all inspections, copies of licenses, reports of complaints fromthe public, and results of investigations into same, and at its own expense provide City staff to file any complaint for enforcement thereon with the Okeechobee County Construction Industry Licensing Board; and to appear and present such complaint at a duly noticed meeting of the construction industry licensing board for appropriate action. C. The procedures and regulations set forth by Okeechobee County for the manner of operation of the Construction Industry Licensing Board in Ordinance No. 92-20, and as amended, or such other applicable county ordinance, shall govern the operation of the Construction Industry Licensing Board meeting which addresses any complaint filed by, or arising in, the City of Okeechobee. D. If the Construction Industry Licensing Board issues an order of violation or enforcement on a complaint submitted by the City of Okeechobee, the actual enforcement measures taken to obtain compliance by a contractor or other violator shall be performed by the City of Okeechobee, whether it be suspension of license, enforcement through Florida Statues Chapter 162, or such other means as designated by the City, and a report on such action to be submitted to the County Construction Industry Licensing Board. E. In the event a contractor or other person found to be in violation of City Codes elects to appeal the decision of the Construction Industry Licensing Board, such action and the procedures therefore shall be according to applicable County Code in effect at the time, with the City of Okeechobee named as respondent therein. All appellate procedures, pleadings, briefs or other necessary documents relevant to such appeal, and the costs therefore, Page 2 of 3 0 0 shall be filed by and through the office of the City Attorney on behalf of the City. However, as the board rendering such decision is under the auspices of the Board of County Commissioners, Okeechobee County would be an interested party in the appeal, and the office of the County Attorney may participate in such appeal as it determines is appropriate and necessary. F. As each entity to this inter -local agreement addresses these enforcement issues under their own appointed boards or employees, the City of Okeechobee and Okeechobee County each shall hold the other harmless from any claim, action, demand or suit wherein it is claimed a board, agent, employee of such entity has acted negligently, maliciously, or contrary to established rule or ordinance in the prosecution, enforcement and appeal of a complaint before the County Construction Industry Licensing Board, including indemnification for damages, costs and reasonable attorneys fees incurred by the non -offending entity. G. It is specifically agreed and understood that nothing in this agreement shall be construed or interpreted as a waiver of sovereign immunity under Florida law by either the City of Okeechobee or Okeechobee County, and such immunity is retained by each entity as to any claim, demand or suit arising out of the operation of this agreement by any person or entity. SECTION 3: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 4: EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 61hday of April, 2004. James E. Kirk, Mayor ATTEST: Lane Gamiotea PASSED and ADOPTED on second and final public hearing this 20th dav of April, 2004. ATTEST: Lane Gamiotea, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 James E. Kirk, Mayor EXHIBIT 3 - APRIL 6,2004 AGENDA City of Okeechobee Office of the City Clerk & Personnel Administrator Application for Citizen Board The City of Okeechobee does not engage in any form of unlawful discrimination. If you feel you 1= have been discriminated against for any reason, please call this to the attention of the Personnel Administrator so that we may address your concern. Citizen Board Applying For- 2r"'^ Planning Board/Board of Adjustment/Design Review Board Member Alternate Member of the Above Stated Board 0 Code Enforcement Board Member 0 Alternate Member of the Above State Board Please Print. Applicant's Full Name 0J 4 C 71t Street Address: Z 6 7 Mailing Address Telephone Numbers 711,6180 W3,Z/67 -/o J home )vork beeper mobile Education: Please include Name and Address of school, years attended, date graduated and degree obtained, if any. If more space is needed please attach an additional page. Grammar School 01(etcA-6C4- I-Egh School 01(941-khw- 1144 /0101/ (r-lflo University Other- /J C� rr Ava /;.,,a C,49-- 6 A, 0 i J-;- Z-,J-�iAAL 0,-','c,.r �.,14 D611- e"I'lomot.- f'fJre,- 010yijAf Describe any skills and background information about yourself that would be helpful to the board wish to serve on. If more space is needed please attach an additional page. I —,z jWe)^,k' 0 o 7' / f? L / C) le 4 -pe Aq-r- Po-,keZ t,:4L ChTV )1�o., t, A x 10 V41(d1-( (0-01C If- Ad- vF 4 ya*&*�dq ?Z4 Pip , .01,04 x" C) Applicant's Signature Date -C I A,r� soe-, 0 ExHIBIT 4— APRIL 6,2004 AGENDA 0 F ok, rn M LL 9 0 - — I '�' 1915 �� " City of Okeechobee March 30, 2004 RE: Retirement Mayor and City Council: This letter is to inform you that as of May 15, 2004 1 have worked for the City of Okeechobee for twenty-five years. My last day of work will be on May 20, 2004. The past twenty-five years with the City have had up and downs, but I feel the past four years have been very positive. I hope to keep a good freindship with the City. We are planning to live here after my retirement and I want you to feel free to call on me at any time. Thank you Chief Tomey 55 S.E. Third Avenue Okeechobee, Florida 34974-2932 (863) 763-3372 Fax: (863) 763-1686 ExHiBIT 5— APRIL 6,2004 AGENDA Bid Tabulation Sheet Roadway Improvements Bid Opening Bid No. PW-03-10-02-04 Bid Opening: March 17, 2004 at 3:00 p.m. ComDanv Name Cost APAC-Southeast, Inc. $ 137,888.40 Ranger Construction Industries, Inc. $ 191,904.00 Better Roads, Inc. $ 171,681.80 Posted on March 17, 2004 at 4:15 p.m. To be Removed on March 21, 2004 at 4:15 p.m. E 0 MEMORANDUM TO: Bill L. Veach, City Administrator. FROM: Oscar Bermudez., City Engineer SUBJECT: Proposed cost estimate for City of Okeechobee Roadway Improvements. DATE: March 23, 2004 I have reviewed the bid proposals submitted by apac, Ranger and Better Roads, and found that the three proposals did comply with the technical requirements as per the Engineering Department. The proposed totals cost as per the Road Contractors are as follows: • Apac ................................................................ $ 137,888.40 • Better Roads .................................................... $ 171,681.80 • Ranger ............................................................ $ 191,904.00 A cost breakdown analysis as presented by the Road Contractors is a follows: Asphalt Paint SW 12th AVe. $/SY L.S.* SY/Ave. apac $3.40 $.73 $39.99 Ranger $4.00 $ 1.87 $60.40 Better Roads $4.45 $4.45 $42.40 0 Cost related to SY of Asphalt. Note: The cost difference between Ranger and apac is $ 54,015.60 cc: Donnie Robertson, Director Public Works Guard Rail L.F. $22.75 $31.00 $41.00 0 OF 0 17 L, - - 0 1915 City of Okeechobee Office of the City Clerk Bid Opening 0 March 17, 2004 0 3:00 p.m. 0 Minutes Roadway Improvements 2004, Bid # PW 03-10-02-04 The following bids were received no later than 3:00 p.m., March 17, 2004 by the General Services Department of the City of Okeechobee located at 55 Southeast Third Avenue, Okeechobee, Florida, 34974: APAC Southeast, Inc. Ranger Construction Industries, Inc. Better Roads of Lake Placid, Inc. The bid opening was held in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974 at 3:00 p.m. Those presentforthe bid opening were PublicWorks Director, Donnie Robertson; General Services Coordinator, Katrina Vinson; Deputy Clerk, Adriana Berry; John Kniffen, APAC Southeast, Inc.; Chad Swint, Ranger Construction Industries, Inc.; and Bob Hand, Better Roads of Lake Placid, Inc. Miss. Vinson publicly opened and read aloud for the record, the following bids and amounts received for the Roadway Improvements 2004 Bid # PW 03-10-02-04: Name of Comg)anv Base Amount APAC Southeast, Inc. $137,888.40 Ranger Construction Industries, Inc. $191,904.00 Better Roads of Lake Placid, Inc. $171,681.80 Bid opening was concluded at 3:04 p.m. The Bid award will be considered at the City Council meeting to be held Tuesday, April 6, 2004 at 6:00 p.m. in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974. Clerks's Certificate - State of Florida, County of Okeechobee, City of Okeechobee: This is to ce.r,4fy that this is a true and correct copy of the records on file in this office. That the above - for"PRoing- minutes were recorded and documented by the City Clerk or designe6.� Lane-G4rhjqte�i, City Clerk, this 17 th day of March, 2004. Se 6a B-6f4y,, Dq'0* Clerk Adna- 55 §.E.T�irid Avenue Okeechobee, Florida 34974-2903 - (863) 763-3372 - Fax: (863) 763-1686 EXHIBIT 7— APRIL 6,2004 AGENDA Bid Tabulation Sheet City of Okeechobee Commerce Center Contract 2A Bid Opening Bid No. PW-01-10-02-04 Bid Opening: March 3 0, 2004 at 10: 00 a.m. ComDanv Name Ranger Construction Base Bid Alternate "A" Alternate "B" Posted on March 30, 2004 at 4:00 p.m. Removed on April 4, 2004 at 4:00 p.m. $ 2,019,982.80 $ 534,455.65 $ 700,264.70 0 0 OF 0 03 LL 1915 City of Okeechobee Office of the City Clerk Bid Opening 0 March 30, 2004 0 10:00 a.m. 0 Minutes Commerce Center Contract 2A, Bid No. PWOI-10-02-04, EDAProjectNo. 04-01-04895 The following bids were received no later than 10:00 a.m., March 30, 2004 by the Office of the City Clerk, City of Okeechobee located at 55 Southeast Third Avenue, Okeechobee, Florida, 34974: Ranger Construction Industries, Inc. The bid opening was held in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974 at 10:00 a.m. Those present for the bid opening were: Administrator Veach, City Clerk Gamiotea, Grant Administrator Nancy Phillips, Project Engineers Jay Beaton and Jim Orth of Craig A. Smith and Associates, General Services Coordinator Katrina Vinson, and two representatives of Ranger Construction Industries, Inc. Mr. Beaton publicly opened and read aloud for the record, the following bids and amounts received for the Commerce Center Contract 2A, Bid No. PW 0 1 -10-02-04: Ranger Construction Industries, Inc. $3,254,703.18 Total Bid and Alternates $2,019,982.80 Total Base Bid $ 534.455.65 Total Alternate A Bid $ 700,264.70 Total Alternate B Bid Addendurns one, two and three were addressed and the bid bond was executed. Bid opening was concluded at 10:06 a.m. The Bid award will be considered at the City Council meeting to be held Tuesday, April 6, 2004 at 6:00 p.m. in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974. If the bid is awarded, a pre -construction meeting will be scheduled immediately and a notice to proceed will be prepared and sent to the company. CLERK'S CERTIFICATION -STATE OFFLoRiDA, CouNTyoF0KEEcHoBEE, CnryoF OKEECHOBEE: 4 LaneGamiotea, HEREBY CERTIFY THA TI am the duly qual ted C erk of the Ci of Okeechobee, Florida; ff' I ty that the -above tbregoing minutes were recorded and documented by me and it is a true and correct copy of which is on rile 4n the Office of the City Clerk. IN WITNESS VYWEREOF I have hereunto set my hand and affixed the oftibl seal of said City, this 3Y' day of March 2004. Seal fuz ...... LanelGamiotea City Clerk - 1 .55 S.E. Third Aver . �eechobee, Florida 34974-2903 (863) 763-3372 Fax: (863) 763-1686 Streets 2004 SW Yd Avenue 8" Street - 15 th Street 2273 Feet SW 16" Street 441- Yd Avenue 785 Feet SW I I 'h Street 2 nd Avenue - Yd Avenue 350 Feet SW 7" Avenue 5 Park - State Road 70 163 Feet NW 10"' Street 8'h Avenue - 9t" Avenue 346 Feet NW 5" Avenue 6' Street - Th Street 304 Feet NW Sth Avenue 9th Street - 12 th Street 1360 Feet SW 5" Avenue 151h Street - 5th Drive SW 5" Drive 2074 Feet 51h Drive - 21 It Street SE SIh Drive SE YdStreet SE 8(h Drive SE I Oth Avenue NW 2 nd Street NW Yd Street S W 12 th Avenue S W IT' Avenue 9th Street - I Oth Street 8(h Drive 6th Str 3 d Court 4" Str, SR 70 - 7th Street 441 3 "'Avenue 441 Yd Avenue SR 70 - 2 nd Street 2 nd Street - Yd Street 1982.6 Feet 700 Feet 700 Feet * NEW ROAD Guardrail 8000 Feet NOTE: SW 12" Avenue. Suggest that a t 1(), to 12'travel lane be installed, one way running South to north. EXHIBIT 6— -7 APRIL 6,2004 AGENDA Bid Tabulation Sheet City of Okeechobee Streetscaping Project Bid Opening Bid No. PW-04-10-03-04 Bid Opening: March 30, 2004 at 2:00 p.m. ComDanv Name Sunshine Land Design Base Bid Alternate Bid Posted on March 30, 2004 at 4:00 p.m. Removed on April 4, 2004 at 4:00 p.m. $ 238,297.00 $ 513,635.90 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 March 31, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding SpeciaIiSt/A,/_"_,P SUBJECT: Award of Community Development Block Grant (CDBG) Streetscaping Project (04DB-CO I) On March 30, 2004, the City conducted a bid opening for the above noted CDBG project. A mandatory pre -bid meeting was held in March and five (5) construction firms attended. However, only one (1) firm submitted a response to the bid solicitation. Sunshine Land Design, Inc., of Stuart submitted the only bid in the amount of $238,297.00 for the base bid. The total bid amount was $751,932.90 including the base bid and all alternate bids items. Due to reduced funding received from the State of Florida Department of Community Affairs (DCA), the City divided the bid form in two components as noted: Base Bid — Items required for construction of the basic elements of the streetscaping project (i.e., sidewalks, lighting, landscaping, etc.) in Parks 1, 3, and 4. Alternate Bid — Items required to complete the streetscaping project noted above by adding optional items desired per Park 1, 3 and 4 (i.e., gazebo, benches, trash receptacles) as well as construction of entire streetscaping project in Parks 2, 5, and 6. If funds are available, minor work could also be completed in Blocks 155-160 of the City. The Sidewalks/Pedestrian Malls line item budget of the CDBG grant is $322,590.00. The City would like to construct the base bid which covers Parks 1, 3 and 4 at a cost of $23 8,297. 00 plus the alternate bid items required to entirely complete Parks 3 and 4 which total $52,538.00. Total construction cost would be $290,83 5. 10 which would leave additional funding of $3 1,75 5 available for potential change orders or additional activities to be undertaken at the other sites. The City would like to request permission to enter into a contract, pending DCA single source approval, with Sunshine Land Design, Inc., in the amount of $290,83 5. 10. It is anticipated that work will begin by the end of April, 2004 and be concluded by the end of August, 2004. /nsp 9 0 A 0F,0 1915 City of Okeechobee Office of the City Clerk Bid Opening 0 March 30, 2004 0 2:00 p.m. 0 Minutes Community Development Block Grant Project No. 04-DB-COl Streetscaping Project, Bid No. PW-04-10-03-04 The following bids were received no later than 2:00 p.m., March 30, 2004 by the General Services Department of the City of Okeechobee located at 55 Southeast Third Avenue, Okeechobee, Florida, 34974: Sunshine Land Design The bid opening was held in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974 at 2:00 p.m. Those present for the bid opening were: Administrator Veach, City Clerk Gamiotea, Grant Administrator Nancy Phillips, Engineer Bermudez, General Services Coordinator Katrina Vinson, and a representative of Sunshine Land Design. Miss Vinson publicly opened and read aloud for the record, the following bids and amounts received for the Streetscaping Project, Bid No. PW-04-10-03-04: Sunshine Land Design $238,297.00 Total Base Bid $513,635.90 Total Alternate Bid The bid bond was executed and a power of attorney form was submitted with the bid. Bid opening was concluded at 2:04 p.m. The Bid award will be considered at the City Council meeting to be held Tuesday, April 6, 2004 at 6:00 p.m. in the City Council Chambers, Room 200, located at 55 Southeast Third Avenue, Okeechobee, Florida 34974. The company will be notified if the bid is awarded. CLERK'S CERTIFICAT70N- STATE OF FLORIDA, COUNTY oFOKEEcHoBEE, CrryoFOKEEcHoBEE: It, Lan.eGamiotea, HEREBY CERTIFY THATI am the duly qualified Clerk of the City of Okeechobee, Florida; th�f- the above,foregoing minutes were recorded and documented by me and it is a true and correct copy of 4 Is hich'; on. file in,the Office of the City Clerk. IN WITNESS WHEREOF have hereunto set my hand and affixed the� o&cial seal of said City, this 30th day of March 2004 Lane Gamiote City Clerk 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 (863) 763-3372 Fax: (863) 763-1686 CITY OF OKEECHOBEE MEMORANDUM TO: Mayor and City Council DATE: April 1, 2004 SUBJECT: Status Report FROM: Bill L. Veach, City Administrator Below is a brief summary of past and upcoming events. ADMINISTRATION GRIT —We continue to see movement on the GRIT issues, both from the perspective AND GENERAL of the bankruptcy court and on the re -insurance issue. John Cook is working closely SERVICES with Steve Robbins and Larry Brown in responding to GRIT's proposals. Industrial Park — As you know, we received approval on the re -submitted $1.125 million ETDF grant. On March 30th, we conducted the bid opening for the main portion of the Industrial Park (excluding bridge and rail spur, which will be bid separately). There was only one bid and it was $2,019,982.80. This was slightly higher than estimated and currently it would make our budget very difficult to meet. This becomes even more significant when we take into account that Craig A. Smith & Associates, as they have indicated in the past, intends to address the City Council and request a significant increase in their engineering contract (based on re -design efforts, unexpected environmental issues, etc.). During the next few days, staff is working with consultants to see if there are areas of cost saving that can be utilized in the existing construction proposal (small lift station, less paving, etc.) Nancy Phillips is also investigating the possibility of procuring additional grant dollars for the rail spur. Meanwhile, John Cook is in meetings with Robert Meyer, preparing a sale of land contract. Downtown Streetscape Project — The bid opening was conducted for the Downtown Streetscape project on March 3&. There was only one proposal, but it seems to be within the estimates we expected. The City Council will consider awarding this contract at the April 6th meeting. Nancy Phillips will be present to answer any questions you may have. Impact Fees — There is currently nothing new to report on the issue of impact fees. ',t� �D K, ADMINISTRATION OUA — Sewer Capacity Reserve. L.C. Fortner sent a draft developers agreement for AND GENERAL our review. His numbers were based on reserving the maximum capacity of the new SERVICES system for two years. We sent back numbers that accurately reflect what Robert Meyer CONTINUED anticipates using. L.C. is preparing another proposal. On another note, OUA is planning a proposed new odor control facility near the old water treatment facility on SE 6 1h Avenue. In order to construct the facility, they would need to acquire a lot (Lot I on the comer of SE 7h Street and SE 6h Avenue) from the City. They may also need additional easements. Staff is researching the matter and it will come before City Council soon. PUBLIC WORKS Donnie Robertson continues preparation for the modifications to the 4th Street boat ramp. His staff is planning another round of canal sprayings and Donnie indicates this will be done in conjunction with his mosquito control program. CODE The Code Enforcement Board has found Marvin Brantley in violation of 7 sections of ENFORCEMENT Chapter 30 ofthe City's Code of Ordinances. The offenses range from illegally moored boats in Taylor Creek to fencing issues, setbacks and accessibility requirements at his junkyard. FINANCE Staff is working with the auditors in finalizing this year's audit. The major missing component is the financial reports related to pensions, which must be provided by OUA. POLICE The Police Department is seeing a gradual return to normal with regard to traffic DEPARTMENT volume and incidents. They seem to be keeping quite busy with investigations on a number of matters. FIRE DEPARTMENT Chief Tomey is finalizing details that will permit the installation of a new repeater system for the department's radios. This should enhance communication capabilities and improve safety for our on scene safety personnel. 2 DEPARTMENT CITY ATTORNEY SYNOPSIS The following are included in the items I have asked Attorney Cook to address. I . GRIT issues. 2. Legal issues related to the development and sale of land within the City's Industrial Park. 3. Deed Restrictions for the Industrial Park. 4. Prepare necessary legal documents related to grants. 5. Recommendations related to reversionary action in alley closings, etc. 6. Hamrick Trust — John is in discussion with the County Attorney on this matter. 7. Research annexation issues. 8. LDR issues, such as conversion of former residential structures to commercial, non -conforming structures, building site elevations, visibility triangles, drainage, sidewalk requirements and street cut/right-of-way resolution. 9. Marvin Brantley's continuing situation. 10. Revisions to Appointed Board Member selection and retention criteria. 11. Ordinance related to the commencement of sitework and clearing. 3