CITY OF OKEECHOBEE JULY 17, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL SUMMARY OF COUNCIL ACTION

CITY OF OKEECHOBEE JULY 17, 2012 REGULAR CITY COUNCIL MEETING OFFICIAL SUMMARY OF COUNCIL ACTION PAGE 1 OF 11 I. CALL TO ORDER - Mayor. July 17, 2012, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES. Invocation to be given by Rev. Edward Weiss, Church of Our Saviour; Pledge of Allegiance to be led by the Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Devin Maxwell Council Member Mike O Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson COUNCIL ACTION - DISCUSSION - Mayor Kirk called the July 17, 2012, City Council Regular Meeting to order at 6:00 p.m. The invocation was offered by Reverend Edward Weiss, D.D., of the Church of Our Saviour; The Pledge was led by Mayor Kirk. Deputy City Clerk Jahner called the roll: Absent IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. a Twenty-Five Year Service Award to Jeff Baugh. B. Proclaim and Call for the 2012 City General Elections for two City Council Members. Mayor Kirk presented Mr. Jeff Baugh with a Longevity Service Plaque and a check for $500.00 in recognition of his 25 years of service with the City beginning June 29, 1987. Mr. Baugh serves in the position of Lieutenant for the Fire Department. Mayor Kirk called for a City Election by reading the following proclamation in its entirety: WHEREAS, under and by virtue of the provisions of the Charter of the City of Okeechobee, and Florida State Law, it is the duty of the Mayor to proclaim and call

JULY 17, 2012 - REGULAR MEETING - PAGE 2 OF 11 COUNCIL ACTION - DISCUSSION - IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. B. Proclaim and Call for the 2012 City General Elections for two City Council Members continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the June 19, 2012 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the May 2012 Warrant Register: General Fund...$337,240.91 Public Facility Improvement Fund.................. $14,122.65 Community Development Block Grant Fund.......... $5,450.00 General City Elections at the time and manner provided therein; and WHEREAS, proclaiming General City Elections shall be issued at least 90 days prior to the date of the holding of such election, by an Elections Proclamation, signed by the Mayor and attested by the City Clerk; and WHEREAS, the Elections Proclamation shall specify the office to be filled, the cause of the vacancy of such office, and the date of the expiration of the terms of such office; and WHEREAS, the City Clerk shall publish the Elections Proclamation in the local newspaper at least twice, once being in the fifth week, and once being in the third week prior to the week in which the regular election will be held. NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida do hereby PROCLAIM AND DECLARE that a GENERAL CITY ELECTION is to be held by the duly qualified electors of the City of Okeechobee, Florida, on Tuesday, November 6, 2012, during the regular hours of voting, to wit: from 7:00 a.m. to 7:00 p.m., or during Early Voting, as provided by State Law, and to be held on October 27 through November 3, 2012, for the purpose of electing the following officers to serve as such for four (4) years beginning January 7, 2013 and ending January 2, 2017 following such election or until their successors are elected and qualified: TWO (2) COUNCIL MEMBERS, Said election shall be held in the County polling or voting places within the Municipal precincts of the duly qualified City electors, which precincts have been established by the Okeechobee Board of County Commissioners and Supervisor of Elections for the General Election of Okeechobee County. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the June 19, 2012 Regular Meeting; seconded by Council Member O Connor. There was no discussion on this item. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to approve the May 2012 Warrant Register in the amounts: General Fund, three hundred thirty-seven thousand, two hundred forty dollars and ninety-one cents ($337,240.91); Public Facilities Improvement Fund, fourteen thousand, one hundred twenty-two dollars and sixty-five cents ($14,122.65); Community Development Block Grant Fund, five thousand, four hundred fifty dollars ($5,450.00); seconded by Council Member Williams.

JULY 17, 2012 - REGULAR MEETING - PAGE 3 OF 11 COUNCIL ACTION - DISCUSSION - VI. WARRANT REGISTER CONTINUED. A. Motion to approve the May 2012 Warrant Register continued: VII. - Mayor. A. Requests for the addition, deferral or withdrawal of items on today s agenda. VIII. OPEN PUBLIC HEARING FOR ADOPTION OF ORDINANCE - Mayor. A. 1. a) Motion to read by title only proposed Ordinance No. 1086, Impact Fee Moratorium - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1086 by title only. 2. a) Motion to adopt Ordinance No. 1086. After the above action took place, it was realized the Warrant Register should have been presented as June 2012, not May 2012. Council Member Watford moved to rescinded the previous action and approve the June 2012 Warrant Register in the amounts: General Fund, three hundred thirty-seven thousand, two hundred forty dollars and ninety-one cents ($337,240.91); Public Facilities Improvement Fund, fourteen thousand, one hundred twenty-two dollars and sixtyfive cents ($14,122.65); Community Development Block Grant Fund, five thousand, four hundred fifty dollars ($5,450.00); seconded by Council Member O Connor. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today s agenda. New Business item B was withdrawn. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:10 P.M. Council Member Watford moved to read by title only, proposed Ordinance No. 1086, Impact Fee Moratorium; seconded by Council Member Williams. Attorney Cook read proposed Ordinance No. 1086 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71-13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION 71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION 71-33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION OF A MORATORIUM FOR THE COLLECTION OF IMPACT FEES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to adopt proposed Ordinance No. 1086; seconded by Council Member Maxwell.

JULY 17, 2012 - REGULAR MEETING - PAGE 4 OF 11 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion for the adoption of proposed Ordinance No. 1086. c) Vote on motion. B. 1. a) Motion to read by title only proposed Ordinance No. 1087, Florida Building Code - City Attorney (Exhibit 2). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1087. 2. a) Motion to adopt proposed Ordinance No. 1087. Mayor Kirk asked whether there were any comments from the public. There were none. Administrator Whitehall provided statistical financial data, (at the June 19, 2012), which showed, out of the 420 building permits issued from July 1, 2011 to date, only seven were impact fee assessable. The total loss of revenue to the City was $8,110.22. During this same period, the City collected $70,917.00 in County impact fees. It was pointed out that the data proved the suggestion that suspending impact fees generally does not increase building permit production. The Council agreed that extending the moratorium an additional year would be in the best interest of the citizens. Council Member Watford moved to read by title only, proposed Ordinance No. 1087, Florida Building Code; seconded by Council Member Williams. Attorney Cook read proposed Ordinance No. 1087 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CODE OF ORDINANCES SECTIONS: 90-35(c), CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE; 90-168(1)(a), 90-168(1)(c), 90-168(1)(d), 90-168(1)(e)(4), 90-168(1)(f), FOUNDATION REQUIREMENTS FOR SINGLE FAMILY DWELLINGS IN ALL ZONING CLASSIFICATIONS EXCEPT RESIDENTIAL MOBILE HOME (RMH); 90-168(2)(b), 90-168(2)(c), FOUNDATION AND ELEVATION REQUIREMENTS FOR RESIDENTIAL MOBILE HOME (RMH) ZONES; 90-169(8)(a)(9), 90-169(8)(b)(4), 90-169(8)(b)(7), 90-169(8)(c)(4), RELOCATION AND INSTALLATION OF USED DWELLING UNITS; 90-170(c)(4), USED DWELLING UNITS and 90-170(f), MINIMUM CODE REVIEW REQUIRED, THEREOF; CHANGING THE LANGUAGE FROM STANDARD BUILDING CODE OR HOUSING CODE TO FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Williams moved to adopt proposed Ordinance No. 1087; seconded by Council Member Watford.

JULY 17, 2012 - REGULAR MEETING - PAGE 5 OF 11 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING CONTINUED. B. 2. b) Public comments and discussion for the adoption of proposed Ordinance No. 1087. c) Vote on motion. C. 1. a) Motion to adopt proposed Resolution No. 12-05, which establishes a preliminary annual rate and estimated assessment for Residential Solid Waste Collection and Disposal Services for FY 2012-2013 City Attorney (Exhibit 3). b) Public comments and discussion. c) Vote on motion. Mayor Kirk asked whether there were any comments from the public. There were none. The proposed ordinance cleans up language within the various sections of the Code Book so that they are all consistent with the term Florida Building Code rather than references to the Standard Building Code or Housing Code. Council Member Watford moved to adopt proposed Resolution No. 12-05, which establishes a preliminary annual rate of $224.64 and an estimated assessment of $395,591.04 for Residential Solid Waste Collection and Disposal Services for Fiscal Year 2012-2013; seconded by Council Member O Connor. Attorney Cook read proposed Resolution No. 12-05 by title only as follows: A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784 RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC HEARING TO CONSIDER COMMENTS FROM THE PUBLIC CONCERNING ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Kirk asked whether there were any comments from the public. There were none. The proposed annual Residential Solid Waste Collection rate is an increase from last year, from $221.52 to $224.64. The estimated assessment will increase from last years amount of $389,210.64 to $395,591.04.

JULY 17, 2012 - REGULAR MEETING - PAGE 6 OF 11 COUNCIL ACTION - DISCUSSION - VIII. PUBLIC HEARING CONTINUED. D. 1. a) Motion to adopt proposed Resolution No. 12-06, adopting the annual residential Solid Waste Collection and Disposal Services rate and continue implementing the non-ad valorem assessment as the method of collecting such annual rate for services for FY 2012-2013 - City Attorney (Exhibit 4). b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. Council Member O Connor moved to adopt proposed Resolution No. 12-06, adopting the annual residential Solid Waste Collection and Disposal Services rate of $224.64 and continue implementing the non-ad valorem assessment as the method of collecting such annual rate for services for FY 2012-2013; seconded by Council Member Watford. Attorney Cook read proposed Resolution No. 12-06 by title only as follows: A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2012-2013; APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES 197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Kirk asked whether there were any comments from the public. There were none. This adopts the same rate as proposed in the preliminary rate resolution and allows the City to continue to collect the amount through the annual property taxes as a non-advalorem assessment. This does not make any changes to commercial accounts or rates. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:31 P.M. IX. NEW BUSINESS. A. Update on water conditions - Gary Ritter, SFWMD. Mr. Gary Ritter, Director of the South Florida Water Management District (SFWMD) Okeechobee Center, appeared before the Council to give a brief update on the current water conditions of Lake Okeechobee. He explained that even though we have had a considerable amount of rain, SFWMD continues to encourage water conservation and the twoday a week lawn watering restrictions. Due to the water levels sporadically changing from the rain and evaporation, various locks, to gain entry to Lake Okeechobee, have not been on a regular navigation schedule, which has caused some inconvenience and confusion to the public. On a good note, he announced that the aquatic vegetation in Taylor Creek has been sprayed and is under control.

JULY 17, 2012 - REGULAR MEETING - PAGE 7 OF 11 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. A. Update on water conditions continued. B. Motion to adopt proposed Resolution No. 12-07, revising and adopting Commercial Rates & Fees for Solid Waste Collection - City Attorney (Exhibit 5). C. 1. a) Motion to read by title only and set August 21, 2012 as a final public hearing date for proposed Ordinance No. 1088, adopting a Natural Gas Franchise Agreement - City Attorney (Exhibit 6). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1088 by title only. 2. a) Motion to approve the first reading of proposed Ordinance No. 1088 by title only. b) Discussion. Council Member O Connor suggested that SFWMD inform the public by newspaper and radio when the locks are open or closed and also educate the public so they can understand the environmental concerns which determine the process of when and why they release water from Lake Okeechobee into the Caloosahatchee River. Mr. Ritter replied they already utilize the radio and their web site, but can add some informative articles to the newspaper. The matter of considering to adopt proposed Resolution No. 12-07, which amends the Commercial Rates for Solid Waste Collection, was removed from the agenda. Negotiation between the Administrator and Waste Management continues. Council Member O Connor moved to read by title only, and set August 21, 2012 as a final public hearing date for proposed Ordinance No. 1088, adopting a Natural Gas Franchise Agreement; seconded by Council Member Watford. Attorney Cook read proposed Ordinance No. 1088 by title only as follows: AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, GRANTING A NONEXCLUSIVE FRANCHISE FOR THE OPERATION AND MAINTENANCE OF A NATURAL GAS SYSTEM WITHIN THE GEOGRAPHIC BOUNDARIES OF THE CITY OF OKEECHOBEE OR AS HEREAFTER AMENDED, TO FLORIDA PUBLIC UTILITIES COMPANY; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TERM OF YEARS WITH RENEWAL PROVISIONS; PROVIDING FOR CONSTRUCTION OF SERVICE AND DISTRIBUTION LINES; PROVIDING FOR NONEXCLUSIVE USE OF CITY RIGHTS-OF-WAY; PROVIDING FOR MAINTENANCE AND EMERGENCY RESPONSE; PROVIDING FOR ANNUAL REVIEW OF SERVICE; PROVIDING FOR INDEMNIFICATION; PROVIDING FOR DISPUTE RESOLUTION; PROVIDING FOR TERMINATION OF FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Council Member O Connor moved to approve the first reading of proposed Ordinance No. 1088 by title only; seconded by Council Member Williams. Mr. Barry Kennedy, Director of Gas Operations for Florida Public Utilities Company (FPUC) was present. This ordinance is a second attempt to enter into a franchise agreement. Mr. Kennedy first presented the request at the December 6, 2011 meeting, where he informed the Council that FPUC provides natural gas, propane and electric

JULY 17, 2012 - REGULAR MEETING - PAGE 8 OF 11 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. C. 2. b) Discussion of proposed Ordinance No. 1088, Natural Gas Franchise continued. service in 30 Florida counties. They have considered Okeechobee many times over the years and only recently found it to be economical to bring the expansion to the area. Ordinance No. 1081 was denied at the January 17, 2012 meeting, with the understanding that the matter needed to be researched further and would be brought back for consideration again. The Council discussed the proposed franchise agreement, for clarification purposes it was noted that this is a nonexclusive franchise, therefore, another natural gas company could come into the area. However, they would be required to obtain both the City and the Florida Public Service Commission (FPSC) approval. The method in which the fees will be collected would be at the City s discretion. The City has the right to terminate the agreement within one year, should construction not be started for the distribution lines. Should the Company abandon the system, the City and the customers are protected by the guidelines of the FPSC. The system can be transferred to another company. However, it has to first be approved by the City, and the City is paid a $2,500.00 transfer fee as well as the new company has to accept the current agreement provisions. The $25,000.00 construction bond, to insure the faithful performance by the Company is the standard and an acceptable amount. Even though it is not specifically stated in the agreement, the Company will have an office located in Okeechobee. Issues specifically addressed that may need further amendments and/or negotiation, by the final public hearing were: Page 3, Section 4. Term. The proposed term is for 30 years with a six-month automatic renewal to allow additional time for negotiations. Council Member Watford strongly suggested the section be amended to delete the six-month automatic renewal extension. Renewal negotiations would be required to be settled prior to the end of the term. Page 8, Section 18(b). States, Those customers for whom the City has waived, in whole or in part, to pay a franchise fee... Council Member Watford asked what type of customers would the City consider waiving fees for? Attorney Cook responded that would need to be addressed by the City in a separate document, such as a resolution, and they would consist of senior citizens, veterans and new businesses. This section may need to be made clearer by referring to an additional document to be adopted. Finally, on Page 13, Section 31. The purpose of this paragraph, which addresses any waiver of any obligation or default, needs to be explained better. c) Vote on motion. D. Motion to approve the Tentative Millage Rate for advertisement for 2012 tax notices, 8.5907 for Fiscal Year 2012-2013 - Finance Director (Exhibit 7). Council Member Watford moved to approve the Tentative Millage Rate of 8.5907 for advertisement for 2012 tax notices, Fiscal Year 2012-2013; seconded by Council Member O Connor.

JULY 17, 2012 - REGULAR MEETING - PAGE 9 OF 11 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. D. Motion to approve the Tentative Millage Rate for advertisement for 2012 tax notices, 8.5907 for Fiscal Year 2012-2013 continued. E. Motion to approve 2012-2013 Fiscal Year Tentative Budget Preparation and Millage Calendar setting workshop(s) to be held August 21 at 5:00 p.m., August 28 at 5:00 p.m. (if needed), First Public Hearing September 4 at 6:00 p.m., and Final Public Hearing September 25 at 6:00 p.m., all to be held in the Council Chambers rd at 55 Southeast 3 Avenue, Okeechobee, FL - Finance Director (Exhibit 8). Council Member O Connor moved to approve the 2012-2013 Fiscal Year Tentative Budget Preparation and Millage Calendar setting August 21 at 5:00 p.m. as a Regular Meeting and Budget Workshop, August 28 at 5:00 p.m. as a Budget Workshop only if needed, September 4 at 6:00 p.m. as a Regular Meeting and First Budget Public Hearing, September 25 at 6:00 p.m. as a Regular Meeting and Final Budget Public Hearing, all to be held in the Council rd Chambers at 55 Southeast 3 Avenue, Okeechobee, FL; seconded by Council Member Watford. For clarification purposes: due to the above action, the September 18 Regular Meeting is cancelled. F. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings, Case No. 11-116, N & A th Construction, Inc., at 406 Northeast 4 Street (Lots: 3-4, Block 119, City of Okeechobee, Parcel ID No. 3-15-37-35-0010-01190-0030). The fine of $50.00 per day started on November 9, 2011 and continues to accrue daily for violation of Chapter 30 Section 30-44, General Cleaning and Beautification - Chief Smith. Materials were distributed to the Council in which listed a time line, copies of notices, and photographs to document the violations for Code Enforcement Case No. 11-116, N & A Construction Inc. (Mr. Naser Agueqab, Registered th Agent), located at 406 Northeast 4 Street. Legal Description: Lots 3 and 4 of Block 119, City of Okeechobee. This is vacant property that was found to be in violation of Code Book Section 30-44, general cleaning and beautification. On September 28, 2011, a courtesy notice, requesting the property be mowed was mailed. By November 3, 2011, the owners had not contacted the City nor had they attempted to mow the property, therefore, a notice of violation was sent and signed as received on November 9, by Laura Mtz. No activity was noticed by Code Enforcement Officers, nor were they contacted. A notice of hearing was sent on November 15, 2011. This notice was signed as received by Fabiola Segura on December 16. The case was discussed at the January 10, 2012 Code Enforcement Board Meeting where the property owner was found not to be in compliance. The owner has been cited previously, therefore, were considered repeat violators. A repeat violator requires the Board to consider higher fines for violations. The Code Board unanimously voted to issue a fifty-dollar per day fine beginning November 9, 2011. There was no response from the owner. The lien was recorded in the Okeechobee County Official Records Book 710, Pages 1481-1482. On April 30, 2012, a letter was mailed to the property owner advising them that the property is still in violation, the fifty-dollar lien is continuing daily, and the Case will be considered at the May 8, 2012, Code Board Meeting, to consider foreclosure

JULY 17, 2012 - REGULAR MEETING - PAGE 10 OF 11 COUNCIL ACTION - DISCUSSION - IX. NEW BUSINESS CONTINUED. F. Consider a recommendation from the Code Enforcement Board to begin foreclosure proceedings continued. proceedings, as the lien will have been recorded for 90 days. Again, there was no response from the owner. There was no action taken on the Case at the May 8 Code Enforcement Board Meeting. There was action at the July 10, 2012 meeting, where they unanimously made a recommendation for the City Council to begin foreclosure proceedings for Case No. 11-116. The Council discussed the recommendation and what would be the best method of getting the owners attention since they have been ignoring all attempts by the City to come into compliance. Council Member Watford noted his objection to issuing violations to undeveloped properties, as they have not been an issue in the past. A compromise of how to handle vacant property with overgrown vegetation had been reached many years ago. Council Member Williams asked whether someone had specifically complained about the property calling the Code Officers attention to it. Officer Sterling advised that neighbors had complained in the past. Council Member O Connor interjected that the overgrown vegetation can be seen from the several blocks and is very noticeable due to it being surrounded by well kept property. He also advised that due to the amount of vegetation, the photographs do not show that there is a concrete slab on the property, where a house was constructed at one time, then demolished in the last few years. Council Member O Connor made a motion to move forward with the foreclosure proceedings for property located at th 406 Northeast 4 Street as recommended by the Code Enforcement Board, Case No. 11-116; seconded by Council Member Williams. Mayor Kirk offered that he understood Council Member Watford s stand on undeveloped properties. However, the issue at hand needs to be addressed and the owner has not made any attempts to respond to any of the City s notices nor make arrangements of any kind. There is a process in place, and it needs to be followed. WATFORD - NAY WILLIAMS - YEA MOTION CARRIED.

JULY 17, 2012 - REGULAR MEETING - PAGE 11 OF 11 COUNCIL ACTION - DISCUSSION - X. 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. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:37 p.m. The next regular scheduled meeting and budget workshop is August 21, 2012 at 5:00 p.m. ATTEST: JAMES E. KIRK, MAYOR LANE GAMIOTEA, CMC, CITY CLERK