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2010-01-19
I CITY OF OKEECHOBEE JANUARY 19, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION CALL TO ORDER - Mayor: January 19, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation by Arlen Cook, Northside Baptist Church; Pledge of Allegiance led by the Mayor. Ill. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Certificate of Appreciation to Jerry O'Bannon. PAGE 10F 5 Mayor Kirk called the January 19, 2010 Regular City Council Meeting to order at 6: p.m. The invocation was offered by Council Member Watford in the absence of Pastor Arlen Cook of Northside Baptist Church; followed by the Pledge of Allegiance led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present 395 Mr. Jerry O'Bannon graciously accepted a Certificate of Appreciation, presented by the Mayor, which read: "Office of the Mayor, City of Okeechobee, Florida, extends this expression of appreciation to Jerry O'Bannon. In Recognition of his Service to the Community. The City and Your Fellow Citizens have Benetitted Greatly by your unselfish Dedication in the Performance of your duties as member of the Pension Board of Trustee's Police Officer's Fund January 13,1981 to May31,1993 and General Employee's Fund June 1,1993 to December 31, 2009."Mr. O'Bannon thanked the Council for the commendation, noted that he learned many things over the years, and thanked them for giving him an opportunity to serve his community. 396 JANUARY 19, 2010 - REGULAR MEETING - PAGE 2 OF 5 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2009 Warrant Register: General Fund .............. o .............. $485,022.91 Capital Improvement Projects Fund -Vehicles ...... $70,729.50 Capital Improvement Projects Fund -Impact Fees .. $58,209.03 Public Facilities Improvement Fund ............. $12,471.06 VII. AGENDA - Mayor. Council Member Watford moved to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve the December 2009 Warrant Register in the amounts: General Fund, four hundred eighty-five thousand, twenty-two dollars and ninety-one cents ($485,022.91); Capital Improvement Projects Fund —Vehicles, seventy thousand, seven hundred twenty-nine dollars and fifty cents ($70,729.50); Capital Improvement Projects Fund -Impact Fees, fifty-eight thousand, two hundred nine dollars and three cents ($58,209.03) and Public Facilities Improvement Fund, twelve thousand, four hundred seventy-one dollars and six cents ($12,471.06); seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. III New Business Item C was withdrawn. Vill. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-03 regarding the III Council Member Watford moved to adopt proposed Resolution No. 10-03 regarding the financing for the annual financing for City Vehicles - City Administrator (Exhibit 1). vehicles purchasing program; seconded by Council Member Williams. Attorney Cook read the title of proposed Resolution No.10-03 as follows: "A RESOLUTION OF THE CITYCOUNCIL OF THE CITYOFOKEECHOBEE, FLORIDA, AUTHORIZING THELEASE FINANCING OFCERTAINEQU►PMENT THROUGH EXECUTION OF PROPERTY SCHEDULE 2 TO A MASTER LEASE -PURCHASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." JANUARY 19, 2010 - REGULAR MEETING- PAGE 3 OF 5 397 1 ,.. _ . .. .. «. ".� .. ....._.. .. d ... ..... ..... a. . n:.....,.. .�i. - :^. l 33 7 _..--,.. " ,.x, aI- _._ .... _.war.. �e ._. ,'4.-...... _ .. _,. ._. _... _ .... _ 'F... i. . -,.. ,.- _ .. '.. .. ,, f s. ,. : s""§.. �, +«..c_'..s.._... ..... ....... _ .. _... .„ v_�:,«._.a..,w, .. .. w._._xt.. S .. , •: .._a. . .,.;..<.. ,... ,._. .. 3-.._,...1`' .., '°.� ._._ :. �„—.�. .«. _ . -t ..._. `?+..: cm ,;-:.. xs n�'— ' ... .� -.i ...,.`v.., 'S'..ur..R.,z-?.. ,_ --¢i-.!r w. ,,,.3:. .... l�.;-. .s' ..,mow:. ...... .,. ,-..., .... .:. .., '�C ... ..._, :..._ :..,. „_. __.. ., . _ .... ...4E .. 3x,i.. 3 4�i.. k:.:.:,f,. __ � . _.�:_ .� r. ,_. �. _ .� _a, AGENDA � . _ ,�- ___._.._� _...,_ , ._.�_, ,�. � �_ _. u _. -_ .-... _..__ `e.._:... »�'�'?m ._ .l_,:....:�'L....., 3.. _. x. r.. ,,, . :5+. .. '-..,ate: gym,- r. ... ..... ,. s' �.r.... 5,.�i_ a s �.r 3. .3 �k ..v'"k.: .. %.�,s... ,. .... 3. :,_. ., 3,m. ,: r-. ''.. �. ., _ ... �-- .. .... w.0� , W .,._: , VIII. NEW BUSINESS CONTINUED. A. Motion to adopt proposed Resolution No. 10-03 regarding the There was a brief discussion on this item. financing for City Vehicles continued. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to award a bid proposal to Vest Concrete for the median Council Member O'Connor moved to award Bid (No. PW 04-00-12-09) Median Curbs to the lowest bidder, Vest curbs project - City Administrator (Exhibit 2). Concrete of Okeechobee, in the amount of $13,000.00; seconded by Council Member Markham. The bid opening took place on January 12, 2010 at 1:00 p.m. Four bids were received. The three other bidders were: Lozano Builders, LLC of Stuart, Accurate Contracting, Inc., of Okeechobee and Semper Fi Services of Palmetto. There was a brief discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. C. Motion to approve a Grant of Easement between the City of Item was withdrawn from the agenda. Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 3). D. Consider a request from the Code Enforcement Board to proceed Council Member Watford moved to approve a request from the Code Enforcement Board to proceed with foreclosure with foreclosure proceedings for Case No. 09-072, Arthur Davis, proceedings for Case No. 09-072, Arthur Davis,1100 block of Northwest 71h Street (Lots 6 to 8, Block 18, Northwest 1100 block of Northwest 71h Street (Lots 6 to 8, Block 18, Northwest Addition); seconded by Council Member Markham. There was a brief discussion on this item. Addition) - City Attorney (Exhibit 4). VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - NO WILLIAMS - YEA MOTION CARRIED. E. Motion to approve a Temporary Street Closing, Southwest 3' and Council Member Watford moved to approve a Temporary Street Closing Application for Southwest 3`d and 41h Avenues, 41h Avenues, between North and South Park Streets on March 27, between North and South Park Streets on March 27, 2010 from 9:00 a.m. to 3:00 p.m. for YMCA Family Fun Day in 2010 from 9:00 a.m. to 3:00 p.m. for YMCA Family Fun Day in the the Park (this changes the date from March 20, which was approved on January 5, 2010); seconded by Council Park - City Clerk (Exhibit 5). Member O'Connor. i • • JANUARY 19, 2010 - REGULAR MEETING - PAGE 4 OF 5 Vill. NEW BUSINESS CONTINUED. E. Motion to approve a Temporary Street Closing, Southwest 3`d and VOTE 4'h Avenues, between North and South Park Streets on March 27, KIRK - YEA MARKHAM - YEA O'CONNOR - YEA 2010 from 9:00 a.m. to 3:00 p.m. for YMCA Family Finn Day in the WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Park continued. F. Motion to approve the 2010 City Grievance Committee - City Clerk III Council Member Markham moved to approve the 2010 City Grievance Committee; seconded by Council Member (Exhibit 6). Williams. Grievance Committee Members consist of: Administration/Clerk/Finance/General Services - Melisa Jahner, Alternate Kim Barnes; Fire Department - Bill Douglas, Alternate Mitch Brydebell; Public Works Department - Marvin Roberts, Alternate Clint Gould; Police Department - Skip Eddings, Alternate Bill Saum. The Council thanked the employee's for their willingness to serve on this committee. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. G. Discussion regarding proposed changes to the sign regulations - At the November 3, 2009 City Council Meeting proposed changes to the sign regulations were discussed which City Planning Consultant. stemmed from the October 15, 2009 meeting. At that meeting, the Council was addressed by few business owners requesting that the banner regulations that were adopted within the last year be reviewed. The instructions of the Council were for Staff to go back, review the proposed changes and again make them as simplistic as possible for 11 interpretation and enforcement. As instructed, additional changes were presented in a proposed ordinance and memorandum of explanation, as well as proposed changes to the set -backs for signage by Planning Consultant Bill Brisson. The matter was discussed at length, at which the Council took no official action due to the additional complexity these changes created. The Council's goal is to create a very simplistic, user-friendly sign ordinance that allows for tasteful advertising without hindering businesses from getting their message to their potential customers, as well as easily enforced. During the discussion, the definition of murals' was also reviewed, and will be considered for further amendment. Participating in the discussion with the Council and Staff were Planning Board Member and local business owner Mr. Phil Baughman, Joey Varnadore a downtown business owner, and Terry and Melissa McKay owners of Customs Graphics & Signs, Inc. The matter will be brought back to the Council for further consideration. JANUARY 19, 2010 - REGULAR MEETING - PAGE 5 OF 5 399 [I IX. 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. ATTEST: Dowling R. Vatford,jr. Mayor Pro-Tarrpore Lane Gamiotea, CIVIC, City Clerk There being no further items on the agenda, the meeting was adjourned at 8:04 p.m. The next meeting will be February 2, 2010 at 6:00 p.m. vy,pF•OKFFCyO CITY OF OKEECHOBEE tiaT r JANUARY 1912010 REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Mayor Kirk called the Janury 19, 2010 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: The invocation was offered by Arlen Cook, Northside Baptist Church; Followed by the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk PRESENT Council Member Lowry Markham PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner PRESENT Police Chief Denny Davis PRESENT Fire Chief Herb Smith PRESENT Public Works Director Donnie Robertson PRESENT IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Mr. Jerry O'Bannon graciously accepted a Certificate of Appreciation presented by Mayor Kirk read: 19,.P1wr&n. J&CcAAt_d_ 01O+ ..5k�Z The framed certificate cpc U C/L V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting. Council Member moved to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting; seconded by Council Member m (3 . There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA 0' NOR_YEA WATFORD - YEA WILLIAMS - YEA MOTION CAR VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2009 Warrant Register: General Fund................................................................... $485,022.91 Capital Improvement Projects Fund -Vehicles ........................................... $70,729.50 Capital Improvement Projects Fund -Impact Fees ........................................ $58,209.03 Public Facilities Improvement Fund ................................................... $12,471.06 Council Member Watford moved to approve the December 2009 Warrant Register in the amounts: General Fund, four hundred eighty-five thousand, twenty-two dollars and ninety-one cents ($485,022.91); Capital Improvement Projects Fund —Vehicles, seventy thousand, seven hundred twenty-nine dollars and fifty cents ($70,729.50); and Capital Improvement Projects Fund - Impact Fees, fifty-eight thousand, two hundred nine dollars and three cents ($58,209.03) Public Facilities Improvement Fund, twelve thousand, four hundred seventy-one dollars and six cents ($12,473.06); and; seconded by Council Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CON WATFORD - YEA WILLIAMS - YEA N CAR Page 1 of 3 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. gdhaa Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-03 regarding the financing for the Police Vehicles - City Administrator (Exhibit 1). Council Member W moved to adopt proposed Resolution No. 10-0.; second by Council Member 0 U). v/(ttorney Cook read the title of proposed Resolution No. 10-03 reads as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF PROPERTY SCHEDULE 2 TO A MASTER LEASE -PURCHASE AGREEMENTWITH KEY GOVERNMENT FINANCE, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE." VOTE KIRK - YEA MARKHAM - YEA ' WATFORD - YEA WILLIAMS - YEA MOTIO AR B. Motion to award a bid proposal to Vest Concrete for the median curbs project - City Administrator (Exhibit 2). Council Member n')Q moved to award Bid (No. PW04-00-12-09) Median Curbs to the lowest bidder, Vest Concrete of Okeechobee, in the amount of 13,000.00; second by Council Member kin . The bid opening too place on January 12, 2010 at 1:00 p.m. Four bids were received. The three other bidders were: Lozano Builders, LLC of Stuart, Accurate Contracting, Inc of Okeechobee and Semper Fi Service of Palmetto. 0i - � j-�� Luc . eco,- V,1L ¢+ pa 0144u.t&_ ._.0+�Lto h 4_"� c�rP 4 L kjt � CJO c� ? `�C� - �Cs�.�cR m �c�� c�c�w e ms- C S+ VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION'A�RRfEB.� C. Motion to approve a Grant of Easement between the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 3). Council em ov d to appro a G nt of E ent between the Cityobee and NA agement Group, Muhamma oorud�iber Mana r; and b i Member �,Jj, AV Page 2 of 3 • 0 D. Consider a request from the Code Enforcement Board to proceed with foreclosure proceedings for Case No. 09-072, Arthur Davis, 1100 Blk NW 61h Street (Lots 6-8, Blk 18) - City Attorney (Exhibit 4). Council Member t�moved to approve a request from the Code Enforcement Board to proceed with foreclosure proceedings for Case No. 09-072, Arthur Davis, 1100 Blk NW 6,h Street (Lots 6-8, Blk 18); second by Council Member LM - f�Aou-(�4 4 bttw - MlDaA 04aAA -(n (�� Q-ALkIA6-t- A a (�1�� t - -to l,�i�Q JV�O i-t �iencj� �% h �InU L f CJ 60 c41 KIRK - YEA MARKHAM - YEA O'CONNOR des WATFORD —VM WILLIAMS 4W Po- OTION �/9009 E. Motion to approve a Temporary Street Closing, SW 3`d and 411 Avenues, between and South Park Streets on March 27, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park - City Clerk (Exhibit 5). Council Member 0 (0 moved to approve a Temporary Street Closing, SW 3`d and 41h Avenues, between North and South Park Streets on March 27, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park Williams; seconded by Council Member hl M0-atek- �s � dolt sGLR-k VOTE KIRK - YEA MARKHAM - YEA ' - YEA WATFORD -YEA WILLIAMS -YEA Ctt!t!5 F. Motion to approve the 2010 City Grievance Committee - City Clerk (Exhibit 6). Council Member L(Y\ moved to approve the 2010 City Grievance Committee; seconded by Council Member 0,0 VOTE KIRK - YEA MARKHAM - YEA O'C NO WATFORD - YEA WILLIAMS - YEA ION RIED. G Discussion regarding proposed changes to the sign regulations - City Planning Consultant. -ba) L0 L K) m0c7Vt r)D4 f2Cl WD-C. usfm Nu, Tsua -T"--Ij- IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, the meeting was adjourned at 2, 2010 at 6:00 p.m. — C4 au- Ph(-c `hman p.m. The next meeting will be February 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. Page 3 of 3 • J'.s4 b&&d cFb U�- ooctt 0" )�A - je - rwQah "&Opn6IA-- wt cam, can & CU CWeAq CIO G. eGa6 aeo( AO -fie . // -- AA CJ t - `.° V'_A-$ PJA m a.o,aA oJ- hSA.0 dv W ho • .of.°x CITY OF OKEECHOBEE �OEM JANUARY 19, 2010 REGULAR CITY COUNCIL MEETING Mdw4gA0ANDWRITTEN MINUTES I. CALL TO ORDER - Mayor: Mayor Kirk called the Janury 19, 2010 Regular City Council Meeting to order at 6:00 p.m. II. OPENING CEREMONIES: The invocation was offered by Arle kohsideJBtist Church; Followed by the Pledge of Allegiance led by Mayor Kirk. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk PRESENT Council Member Lowry Markham PRESENT Council Member Mike O'Connor PRESENT Council Member Dowling R. Watford, Jr. PRESENT Council Member Clayton Williams PRESENT City Administrator Brian Whitehall PRESENT City Attorney John R. Cook PRESENT ,tf- ii%t-q City Clerk Lane Gamiotea PRESENT Deputy Clerk Melisa Jahner PRESENT Police Chief Denny Davis PRESENT Fire Chief Herb Smith PRESENT Public Works Director Donnie Robertson PRESENT IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. ql a rj kgekILe O A. Mr. Jerry O'Bannon graciously accepted a Certificate of Appreciation re nted by Mayor Kirk. The fr�d certificate read: V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting. Council Member 1444moved to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting; seconded by Council Member There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA TON CARRI VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2009 Warrant Register: General Fund................................................................... $485,022.91 Capital Improvement Projects Fund -Vehicles ........................................... $70,729.50 Capital Improvement Projects Fund -Impact Fees ........................................ $58,209.03 Public Facilities Improvement Fund ................................................... $12,471.06 Council Member Watford moved to approve the December 2009 Warrant Register in the amounts: General Fund, four hundred eighty-five thousand, twenty-two dollars and ninety-one cents ($485,022.91); Capital Improvement Projects Fund —Vehicles, seventy thousand, seven hundred twenty-nine dollars and fifty cents ($70,729.50); and Capital Improvement Projects Fund - Impact Fees, fifty-eight thousand, two hundred nine dollars and three cents ($58,209.03) Public Facilities Improvement Fund, twelve thousand, four hundred seventy-one dollars and six cents ($12,473.06); a seconded by Council Member Markham. There was no discussion on this item. KIRK - YEA WATFORD - YEA MARKHAM - YEA O'CONNOR - YEA WILLIAMS - YEA MOTION CARRIE . Page 1 of 3 A. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? X 6 amn�b 41J Vt1 &�uvl Vlll. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-03 regarding the financing for the Police Vehicles - City Administrator (Exhibit 1). Council MemberU moved to adopt proposed Resolution No. 10-2, secon ty Council Member UUX 64--4 Attorney Cook read the title of proposed Resolution No. 10-03 reads as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE -FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF PROPERTY SCHEDULE 2 TO A MASTER LEASE -PURCHASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THE5EWITH; AND PROVIDING AN EFFECTIVE DATE." � l - � , ,� x c� �u 4,1aft .ems r,�"� ? - VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTION CARRI . B. Motion to award abiid proposal to Vest Concrete for the median curbs project - City Administrator (Exhibit 2). ��� Council Member ',�moved to award Bid (N$,PW04-00-12-09) Median Curbs to the lowest bidder, Vest Concrete of Okeechobee, in the amount of 13,000.00; seconckyl Council Member The bid opening too place on January 12, 2010 at 1:00 p.m. Four bids were received. The three other bidders were: Lozano Builders, LLC of Stuart, Accurate Contracting, Inc of Okeechobee and Semper Fi Service of Palmetto. GU - � _ (6 � " � �k a &w�-� q- - 00 lstm� u��-d�,� aFas - V, KIRK - YEA WATFORD - YEA MARKHAM - YEA ' - YEA WILLIAMS - YEA MOTION CARRIE . C. Motion to approve a Grant of Easement between the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager - City Attorney (Exhibit 3). Council Member moved to approve a Graft of Easement bet een the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member Manager; secon�ty Council Member VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Page 2 of 3 D. Consider a request from the Code Enforcement Board to proceed with foreclosure proceedings for Case No. 09-072, Arthur Davis, 1100 Blk NWX Street (Lots 6-8, Blk 18) - City Attorney (Exhibit 4). Council Member �io ev d to approve a request from the Code Enforcement Board t proceed with foreclosure proceedings for Case No. 09-072, Arthur Davis, 1100 Blk NW 6rh Street Lots 6-8, Blk 18 ; second p g ( ) y Council M/emb1er V, AAA)/�r UV — � a IA0" �✓I0� v uJ" i'_ iu /P� d - 'di -,AkUAI � h /k�f eke 7'� 8'YI 0 ATE KIRK - YEA MARKHAM - YEA O'CONNOR --W WATFORD - YU WILLIAMS -ft � P.A.,`lYII�TION CARRIE E. Motion to approve a Temporary Street Closing, SW 3`d and 4`h Avenues, between North and South Park Streets on March 27, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park - City Clerk (Exhibit 5). Council Member U� moved to approve a Temporary Street Closing, SW 3`d and 41h Avenues, between North and South Park Streets on Larch _ 27, 2010 from 9:00 a.m. 3:00 p.m, for YMCA Family Fun Day in the Park ems, seconded by Council Member > ie" I VOTE KIRK - YEA MARKHAM - YEA O'CONN - YEA WATFORD - YEA WILLIAMS - YEA A OTION CARRIED F. Motion to approve the 2010 City Grievance Committee - City Clerk (Exhibit 6). Council Member 'YJ oved to approve the 2010 City Grievance Committee; seconded by Council Membel-AW, 110 VOTE KIRK - YEA MARKHAM - YEA O' -YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIE . G Discussion regarding proposed changes to the sign regulations - City Planning Consultant. 1JW_�12 IX. ADJOURN MEETING - Mayor.e7 There being no further items on the agenda, the meeting was adjourned at p.m. The next meeting will be February 2, 2010 at 6:00 p.m. g ry 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. Page 3 of 3 • • Hr ► i VV0, - 10,J,/gel e dv4-ot� /n t PA,4�.k: ci - 1�za 4t ZT JA JAY-- kttt k111 �,tl Ike • u G- -A4AjC4� - L,�-e -�- �4 U� Wes- ��,. u • lik-DEPEN10 ®NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W- 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a �r— in the matter offir---- J in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said) Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. -..--- Judy Kasten Sworntoand subscribed before me this r � � _! day of ' �Y✓i t t,a �� ._C—J AD Notary Public, State of Florida at Large NOTAIZY PUBLIC -STATE OF FLOBJTIi Angle Bridges `Commission #DD779:'' Expires: D- 17"dATL.ANT'= _IaGCo.,II BONDED '- (863) 763-3134 5 HEREBY GNEH that the city Council of the City of Okee- meet in Regular session on Tuesday, 3anoary 19, 2010, at GN Half, 55 SE A Ave, Rm 200, Okeechobee, Florida. The cited and encouraged to attend. FAKE NonCE AND E D that r stenographic record by u reporter vdil beBmade�the foregoing wig. Acco 9 Y who may seek to appeal arty decision irwolving the matters no n will be responsible for making a verbatim record of the testimi Bence at saki meeting upon wNdr any a I is to be based. ontad ON Administration at 863-763-3-3 , or website to obtain a copy of the agenda• rote w th the Amencans w th D sabildl. A e SADthA)of 19 Z63 ceding speriai accommodation to 7 rtact the Gty tlerk's Oflke at 863-- 372 for assistance• E.lark, Mayor amWtea, CMc, CAy Clerk _ CITY OF OKEECHOBEE JANUARY 19, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 I. CALL TO ORDER. MAYOR: January 19, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Arlen Cook, Northside Baptist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham 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 IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Present a Certificate of Appreciation to Jerry O'Bannon for years of service on the Pension Board. JANuARY 19, 2010 PAGE 2 OF 3 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 5, 2010 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the December 2009 Warrant Register. General Fund $485,022.91 Capital Projects-Vehicle/Improvement Fund $ 70,729.50 Capital Projects -Impact Fee Fund $ 58,209.03 Public Facilities Fund $ 12,471.06 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 10-03 regarding the financing for the Police Vehicles - City Administrator (Exhibit 1). B. Motion to award a bid proposal to Vest Concrete for the median curbs project - City Administrator (Exhibit 2). C. Motion to approve a Grant of Easement between the City of Okeechobee and NASSA Management Group, LLC, Muhammad S. Nooruddin, Member C < Manager - City Attorney (Exhibit 3). 1\0 D. Consider a request from the Code Enforcement Board to proceed with foreclosure proceedings for Case No. 09-072, Arthur Davis,1100 Blk W 6'h S eet (Lots 6-8, Blk 18) - City Attorney (Exhibit 4). E. Motion to approve a Temporary Street Closing, SW 3' and 4`h Avenues between North & South Park Streets, on March 27, 2010 from 9:00 a.m. - 3:00 p.m. for YMCA Family Fun Day in the Park - City Clerk (Exhibit 5). JANUARY 19, 2010 PAGE 3 OF 3 VIII. NEW BUSINESS CONTINUED. F. Motion to approve the 2010 City Grievance Committee - City Clerk (Exhibit 6). G. Discussion regarding proposed changes to the sign regulations - City Planning Consultant. IX. ADJOURN MEETING. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. Ofie of tfw ,May" eity of (gawt oo", . &taa &tetuia thia &xpue04ion of appueciactian to Jtt J2ecct"won of fib Smtke to t& eamnuuutaf Pram Jae 4,Wed Ocea4 6* Vem unaegaft 1`)eaticahm in the Jv4C►vman4ce of go= dutieo a -a membm of tAe Jena ion cOomd of gum t o Y di" Vaka3 5und januawj 13,1981 to Ata* 31,1993 and Qmewd &"&Vee6 sic jum i, 1993 to 2)ecenbex 31, 2UU9 Qhwa on :Baia( of tge eUV eomwA thin 19' dace of janumV 2CI C Sec W&ff4 oa eaF CW4.3 fiaae f£eWan& oet enW Rand and c ua tifie 5ad to 6e afAxxd PaL RESEARCH TO DO 12/28 • An Melisa, double check that info - there are some pension minutes from 2001 showing the board - we'll need this research to have his certificate correct, which I'll need to do Mon 1/4 - he must have been on the board & then back off again, you may have to call him & ask him since I didn't take care of those files until recently. Lane Gamiotea, CIVIC, City Clerk igamiotea@citvofokeechobee.com City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 OFFICE (863) 763-3372 x 215 - FAX 763-1686 - CELL (863) 697-0345 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. ----- Original Message ----- From: Melisa Jahner To: OUA - Jamie Mullis Cc: City - Lane Gamiotea Sent: Tuesday, December 15, 2009 3:48 PM Subject: Jerry O'Bannon's term From: Lane Gamiotea Date: 12/22/2009 12:15:40 PM To: Melisa Jahner Subject: Re: Jerry O'Bannon's term Hi Jamie, Jerry was appointed by City Council 3/19/2002. TWeliisai Jahner, Deputy Clerk City of Okeechobee 55 � E 3rd Avenue Okeechobee, FL 34974 (8,63) 76.3-3372 x215 faux ,(863) 763-1586 NOTICE Florida has a very broad public records law. Most written communications it) or from government officials, regarding government business, are public records, available to the public and rnedia upon request. Your e-mail communications may therefore be subject to public disclosure. 12/28/2009 0 92 June 1, 1993 - Regular Meeting Page 2 of 10 s� AGENDA COUNCIL ACTION Y N A REQUEST FOR THE ADDITION, DEFERRAL OR WITHDRAWAL Mayor Kirk asked if there were any addition's, deferral's or withdrawals of items on OF ITEMS ON TODAY'S AGENDA. today's agenda. There were none. E. NEW BUSINESS 1. Motion to appoint Mr. Jerry O'Bannon to the General Councilmember Watford made a motion to appoint Mr. Jerry O'Bannon as the fifth Employees Pension Board for a two year term - City member of the General Fund Employees Pension Board for a two year term; Administrator (Exhibit 1). seconded by Councilmember Walker. KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. 2. Motion to approve an Interlocal Agreement between the Councilmember Watford made a motion to approve the Interlocal Agreement with City and Council for local option Gas Tax proceeds - the County for the local option gas tax proceeds; seconded by Councilmember City Administrator (Exhibit 2). O'Connor. Following brief discussion with Adminsitrator Drago stating he calculated the percentages and knew them to be correct, as represented in the Interlocal Agreement vote is as follows: KIRK X ENTRY X O'CONNOR X WALKER X WATFORD X MOTION CARRIED. • • 2'761 81-12 81-13 81-14 of a contract between the City and the Municipal Code Corporation in Tallahassee for codification of the City Charter and Code. Council discussed the need for codification. Assistant Fellows noted the funds to execute the contract would come from Contingencies in General Fund and Equipment Account in Water & Sewer. Councilman Burk moved to retain the Municipal Code Corporation to codify the City Charter and provide fifty (50) copies as stated in the contract, seconded by Councilman Chapman, vote carried. PENSION FUND TRUSTEES Suggested names for appointment as Pension Fund trustees term ending 1983 were as follows: FIRE DEPARTMENT POLICE DEPARTMENT GENERAL FUND Harry Horrick Jerry O'Bannon Charles Elders Ronald Suit Larry Mobley Ralph Horek Edward W. Douglas Edward W. Douglas Councilman (to be appointed) Councilman Burk nominated Councilman Knight to serve as Pension Trustee for the General Fund, seconded by Councilman Chapman. No other nominations Knight was appointed unanimously. Councilman Burk moved to appoint the members listed, seconded by Councilman Chapman, motion passed. ROAD AND BRIDGE FUNDS As instructed by Council, Assistant Fellows determined the amount of Road and Bridge Tax Fund earned taxes for the period 1970 through 1980 was $35,000.00. The County maintains they have furnished work and/or materials in excess of this figure over the past ten years. Attorney Conlon advised the statutes state a county shall pay one-half and not trade for services. The County acknowledges, from this point on, their obligation to make payments to the City in accordance with the statute by paying one-half of the taxes realized from the Road and Bridge levy each year. Assistant Fellows advised, in speaking with County Attorney VanLandingham, he was told the County has budgeted $20,000.00 this year for this purpose. Councilman Burk stated the City and County have finally begun working together on many projects and he does not wish to jeopardize this. Since the City has not sought these funds until now, and the Count has Y agreed to begin payments this year, Burk suggested Council accept this arrangement. Council agreed to consider the past debt paid. HEARTLAND EMPLOYMENT & TRAINING ADMINISTRATION Assistant Fellows elaborated on a possible application for a project grant from the Heartland Employment and Training Administration for the renovation and refurbushing of City Hall and possible construction of an addition to the Fire Department Building for use by the Police Department. • • LkNIBIT 1 JAIN 19, 2010 RESOLUTION NO. 10-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING THE LEASE - FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF PROPERTY SCHEDULE 2 TO A MASTER LEASE -PURCHASE AGREEMENT WITH KEY GOVERNMENT FINANCE, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City that: SECTION 1. Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act"). SECTION 2. Findings. It is hereby ascertained, found, determined and declared by the City of Okeechobee, Florida, (the "Lessee") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the "Equipment") and pay for such acquisition through a lease -purchase financing structure pursuant to a Master Lease -Purchase Agreement (the "Lease -Purchase Agreement") between the Lessee and Key Government Finance, Inc. (the "Lessor"). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease -Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease -Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Lessor are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. SECTION 3. Authorization of Equipment. The lease -financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease -Purchase Agreement which shall contain terms consistent with the proposal of the Lessor attached hereto as Exhibit B. Resolution No. 10-03 Page 1 of 6 SECTION 4. Approval of Lease -Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease -Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Lessor, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease -Purchase Agreement and the other terms of the Lease - Purchase Agreement shall be consistent with the proposal of the Lessor attached hereto as Exhibit B. SECTION 5. Designation as Qualified Small Issuer Obligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obligations in excess of $30,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease -Purchase Agreement as a qualified tax-exempt obligation under Section 265(b)(3) of the Internal Revenue Code of 1986. SECTION 6. Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of Okeechobee, Florida, Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. SECTION 7. Further Action. The prope empowered and directed to additional documents as the SECTION 8. y Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution orthe Lease -Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease -Purchase Agreement, or any other document or agreement hereby authorized. Resolution No. 10-03 Page 2 of 6 C7 • SECTION 9. Succession of Officer of Lessee: Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. SECTION 10. Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the Lessee and the Lessor (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Lessor (or its assigns). SECTION 11. Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. SECTION 12. Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 13. Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 19" day of January, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 10-03 Page 3 of 6 STATE OF FLORIDA COUNTY OF OKEECHOBEE I, Lane Gamiotea, City Clerk of the City of Okeechobee, Florida, do hereby certify that the above and foregoing is a true and correct copy of a resolution as the same was duly adopted at a meeting of the City Council held on the 191h day of Janua , 2010, and as the same appears on record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 191h day of January, 2010. (SEAL) Lane Gamiotea, City Clerk Resolution No. 10-03 Page 4 of 6 • • RESOLUTION NO. 09-04 - EXHIBIT A (14) Crown Victorias (5) Dodge Chargers Description of Equipment Resolution No. 10-03 Page 5 of 6 RESOLUTION NO. 09-04 - EXHIBIT B Lessor Proposal Resolution No. 10-03 Page 6 of 6 M 0 E)UIIBIT 2 MEMORANDUM TO: Brian Whitehall, City Administrator. FROM: Oscar Bermudez, City Engineer JAN 19, 2010 SUBJECT: City of Okeechobee Median Curbs Bid No. PW 04-00-12- 09 DATE: January 13, 2010 Mr. Whitehall: Attached find the four proposals we have received for the above project. Vest Concrete presented the lowest bid, and because their reputation in this type of work is excellent, the Engineering Department recommends to the City Council to award the contract to Vest Concrete. Bid Tabulation Sheet City of Okeechobee Median Curbs Bid No. PW 04-00-12-09 Bid Opening: January 12, 2010 at l :00PM Company Name Unit Price Extended Price Lozano Builders LLC. Base Bid $ 8.21 $16,420.00 3493 SE Jake Ct. #99 Stuart, FL 34994 Accurate Contracting Inc. Base Bid $ 7.00 $14,000.00 209 NW 13'h St. Okeechobee, FL 34972 Vest Concrete Base Bid $ 6.50 $13,000.00 1366 SW 18" Terrace Okeechobee, FL 34974 Semper Fi Services Base Bid $13.13 $26,260.00 1611 12`h Street E. Unit B Palmetto, FL 34221 Posted on January 12, 2010 at 2:00p.m. Removed on January 20, 2010 at 2:00p.m. ExfflBrr 3 JAN 19, 2010 Will be provided at the meeting 0 ADJOURNMENT - CHAIRPERSON GAMIOTEA. Jamie Gamiotea, Chairperson ATTEST: Sue Christopher, Secretary PLEASE TAKE NOTICE AND BE ADVISED that when a person decides to appeal any decision made by the Code Enforcement Board 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. Code Enforcement Board media is for the sole purpose of backup for official records of the fire department. Code Officer Sterling testified this property has a fine for general cleaning which has accrued over ninety days. He stated in October of 2008 the City Council decided not to proceed with foreclosure on this parcel (Lots: 6-8) because it was not as overgrown as the other parcel (Lots: 11-14) owned by Arthur Davis. Since that time, Lots: 6-8 have become severely overgrown and nothing has been done by the property owner to bring the property into compliance. Member Close moved to send Case 09-072 Arthur Davis,1100 Blk NW 7" Street (Lots: 6-8 Blk:18) to the City Council with a recommendation to begin foreclosure proceedings; seconded by Member Huckabee. GAMIOTEA - YES IRBY - ABSENT DOuGLAS - YES HUCKABEE - YES PIPPIN - ABSENT SWEDA-ABSENT CLOSE -YES MOTION CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, CHAIRPERSON GAMIOTEA ADJOURNED THE MEETING AT 6:40 P.M. UKeechohee County vroperty Appraiser - VV-4_ Kilt Sherman, (:FA - Okeechobee_.. Page 1 of 1 H t;.r1lE Record Search Sales Repo:i t;1S M 3 P Homestead Fraud Generallnfo Amendment 1 Information Exemptions Tangible Tax. Links FAQ. Download Firms Contact Us Okeechobee County Propeily Appraiser - interactive Record Search & GIS dapping System I New Search 1 Search RestAs I Parcel Detaft � 616m ap Okeechobee County Property Appraiser 2009 Certified Values CAMA Updated:1lar2010 Parcel: 3-16-37-35-0160-00180-0060 Parcei List Generator Retrieve Tax Record) I << Next Lower Parcel I Ned Higher Parcel » RWerty Card Owner & Property Info Owner's Name DAVIS ARTHUR RAYMOND 3R Site Address , OKEECHOBEE Mailing 1110 NW 7TH STREET Address OKEECHOBEE, FL 34972 Description NORTHWEST ADDMON LOTS 6.7 & 8 BLOCK 118 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.482 ACRES SIT1R 16-37 35 Neighborhood 112656.00 Tax 50 District DOR Use Code VACANT Market 4° (000000) Area The DOR Use Code shown here is a Dept. of Revenue code. Please contact the Okeechobee County Planning & Development office at 863- 763-5548 for specific zoning information. Property & Assessment Values Mkt Land Value cnt: (1) $30,937.00 Ag Land Value cnt: (0) $0.00 Building Value cnt: (0) $0.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $30,937.00 Sales History [ Interactive GM Map j I Pruet Search Resent 1 of 1 G1S Aerial Just Value $30,937.00 Class Value $0.00 Assessed Value $30,937.00 Exempt Value $0.00 Total Taxable Value $30,937.00 Show Similar Sales within 112 mile Sale Date Book/Page Inst. Type Sale Vlmp Sale 4ual Sale RCode Sale Price 4/12/2006 597/1414 F3 I U 01 $0.00 6/16/2005 566/1817 WD I U 03 $0.00 5/6/1980 234/1434 WD I Q $0.00 Building Characteristics Bldg Sketch I Bldg Item I Bldg Desc i Year Bit I Heated S.F. I Actual S.F. I Bldg Value NONE Extra Features &. Out Buildings Sh ; , Codes ; Code l Desc I Year Bit I Value I Units Dims Condition (% Good) ht*N!lokeCchoheeNa.com/GlSlSearch_F.as �l13!?01t1 LXIIIBIT 5 JAN 19, 2010 55 Southeast V Avenue * Okeechohee, Radda 34974 * 863-763-.m rz Complete entire application wfth all applicable aftachments and return to the Office of the City Clerk The City Departments will be contacted to sign the applation. The applcation is then forwarded to the City Cotmck You will be notified of the meeting date. Please note this application will cover both a City street and sidewalk There is a separate applk;afion should you request the sidewalk onhr. TEMPORARY STREET AND SIDEWALK CLOSING Name of Applicarrt .� �,( I.�v. Today's Date %�-/5-z Address E 40 S . POPT# A(Jc UL Z�qq-1 Phone(s) 9 Fax No. -y Name of Property Owner C U C.�-- Address SE A Phones) I Z3 - 743 M 7.;7, Street to be Closed S VVJ _ 4 `r� P Date to be Closed .� a'-�� t v *changed date to 3/27/10 Time(s) to be Closed cl- yy,} Purpose of Closing IVMO-A R(. ^ 1 Fwi l Attachments © Original Signatures of all residents, property owners and business owners affected by the street closing stating whether they approve or object. This can be done on one list Make sure if It is a business that the name of the business and the owner is legible. If it is a resident make sure the name and address is legible. (Required of all applications). Copy of prof of insurance. (Minimum $1,000,000.00, required of all applications). If any items are being sold on City street or sidewalk then a Temporary Use Permit must be attached for each business participating. Permits can be obtained from General Services. State Food Service license if seirng food. YYY State Alcoholic Beverage License. (You can only serve on private property. No alcoholic beverages on City property, this includes streets and sidewalks). "zW Clean up Is required within 24 hours. 1W No alcoholic beverages can be consumed or taken out on City property, streets or sidewalks. BW No donations can be requested if any type of .alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license. BW The City Public Works Department will deliver the appropriate barricades. The City Police Department will set them out and take them down at the appropriate times. aw Dumpsters and port-o-lets are required when closing the street for more than 3 hours. PUBLIC WORKS DEPARTMENT POLICE DEPARTMENT Signature :d Signature Occu ADMINISTRATION CLERK'S OFFICE _l-2 -lG T5 _Donnie Robertson, Public Works Director Date Typed Name & Title . Denny Davis, Chief of Police Date Typed Name & Tide nerh .smifii,, Fire Chief Date Typed Name & Tide Date and/or State License Verified: tena,1I, e1&X f *AUM i yped Name & Title . rn/,,i am 01 h0_0 r � MeLk, - - �a l _ Lane Gamiotea, City Clerk Authorized Signature Date Typed Name & Title APPROVEDIDENIED BY COUNCIL ON: Jan uarf ,.5 of M, tN: (Q xpd cube to Mxdii 27, 2010) <t O �...... .�`„ 1+ , ■E�M�11 �i0■MGM 000mR 111111 HIM oo�mm� 000�mm Qon�m 00pEY o00a11 �9E MCI�m� cmm�n oo�m 09QE�1 OGAa mill m�am o�i� man �5 r E 02. ! EST (�AR1Z 51�sa�" 8 5 4 3 2 1 6 3 4 3 2 1 8 5 4All 7 8 9101111A7891 11 9E�k� se�s� 6 4E 4 I Proposed changes to Sec. 90-580 of the Sign Regulations Section 90-580. Placement standards. (1) Supports for signs or sign structures shall not be placed in or upon a public right-of-way or public easement, except under the terms of a lease between the owner of the easement or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. (2) No freestanding sign shall project over a public right-of-way. (3) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (4) 6GhGGl , > , All signs on private Property shall be located in conformance with the minimum yard regulations of the district in which the sign is located, except that signs in street yards shall comply with the followinq requirements and limitations: (a) No sign shall be located closer than 10 feet to the edge of pavement of a public or private roadway, (b) No part of any sign shall be located closer than one foot to the edge of any sidewalk: and (c) For signs on corner lots and located within the visibility triangle, the bottom of the sign shall be at least ten feet above the crown of the adiacent road or the top of the sign shall be less than two feet, six inches above the crown of the adiacent road. [Note: This provision was included in the City's previous sign regulations.] blank_page • • Page 1 of 1 Brian, I have looked into the sign placement standards contained in Sec. 90-580. These provisions were contained in the original sign regulations proposed by John Cook. Unfortunately, during our work to address the City Council's concerns with the various sections of Ord. 994 as originally proposed this section was not specifically mentioned and consequently it slipped through with no one noticing its possible impacts. We agree that the current language in subsection (4) appears inappropriate for properties in the City of Okeechobee. Attached you will find new text we feel would be more appropriate as a replacement for subsection (4). With regard to how the current regulations have or have not been applied relative to setting signs back from the roadways, I can see how one may not have required signs to meet the minimum yard requirements. Specifically, since a sign is by definition a structure, one would have thought that all signs would have been expected to comply with the minimum yard requirements of the districts in which they are located. However, the minimum front yard requirement in the commercial districts always reads "20 feet to buildings..." but does not refer to other structures. It is only when one recognizes that a sign is an accessory structure and refers to Sec. 90-632 (c) that it becomes clear that the sign must meet the same setback requirements as the principal use on the property. We believe the new language we propose in the attachment will address this problem as well as reduce the setback of signs from roadways to a more reasonable distance. I look forward to your comments. M- Wm. F. Brisson, Sr. Planner LaRue Planning & Management Services, Inc. 1375 Jackson St., Suite 206 Fort Myers, FL 33901 Phone: (239) 334-3366 Cell: (941)-228-1499 Fax: (239) 334-6384 Web: www.farueplanning.com http://mail.larueplanning.com/scripts/tiny_mce/blank.htm 12/23/2009 i Planning nisi ��b��+ 1-1a- i� rnee�cnc� Memorandum To: Mayor and City Council From: Bill Brisson Date: January 19, 2010 Subject: Revised sign regulations per direction at the November 3'd City Council meeting. The following briefly describes the substance of the changes contained in the ordinance on the following pages: Sec. 90-570: Simplifies regulation of temporary signs for grand openings; no permit is needed; display limited to 30 days. Proposal is the same as on discussed on 11-4-09. 2. Sections 90-571 and 90-572: No significant changes to the regulations now in effect. These sections are included only for ease of reference. 3. Sec. 90-573: New simpler approach to regulating the number and types of signs. Summarized, these new regulations do the following: a. Limit the number of signs and advertising devices allowed on a property at any one time to four (excluding temporary signs for which a permit is not required under Sec. 90-570 and building signs under Sec. 90-572). b. The owner must choose among the following how he wishes to distribute the four allowable signs or advertising devices: (1) only one ground sign or one pole sign is allowed; (2) only one of the three following temporary advertising devices is allowed; inflatable wind sign, search light or spotlight, and a permit is required. A (3) The combined sign area of building signs, ground signs and pole signs is limited N to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. _ 4 U to three other types of temporary advertising devices are allowed a () F p Yp P Y g (.g., j portable sign, banner, or noninflatable wind sign) tip to a total of 48 square feet j Z �No permit is required. As usual, underlined text represents new language added to the current regulations and text in strike format is to be deleted from the current regulations. Highlighting is used to identify significant changes from the regulations as they were discussed during the November 3'd City Council meeting. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street. Suite 206 Fort Myers. FL 33901 239-334-3366 info(la larueplanning.com 0 • OTHER EXPLANATORY COMMENTS: Signs for which a permit is needed include ground signs, pole signs; and inflatable wind signs, search lights and spot lights which have limited display periods. Building signs do not need a permit and there is no limit on the number of building signs, but the overall square footage is limited. Except for inflatable wind signs, search lights or spot lights, temporary advertising devices may be displayed on a permanent basis. They are temporary only in that they meet the definition of temporary under Sec. 90-564, which is that they are "designed, constructed and intended to be used on a short term basis." For this reason they are included in the overall limit of four signs/advertising devices on any property at any one time. Based on what we've observed, "feather banners" or "feather flags" qualify as banners (a form of temporary sign) but are frequently left up on a permanent or semi -permanent basis until use, age, or exposure to the elements reduces their effectiveness. Then they are usually replaced with a newer version. Because there appears to us to be a consensus among the City Council to avoid requiring permits for temporary signs (except inflatable wind signs, searchlight and spot lights), no permit is required for other temporary advertising devices. Enforcement, therefore, will need to be implemented upon complaint, or when a City employee should observe that there appears to be a violation with regard to the number or type of signs or advertising devices displayed on a given property. At that time the code enforcement officer would count and measure the signs and advertising devices on the property to confirm the suspected violation. The graphic on the following page provides an example of how the proposed regulations could be employed on a 100' X 100' property with two street frontages and a three unit multi - occupancy building. 2 M 0 0 SAMPLE COMMERCIAL LOT 100' by 100' Frontage on two streets ,/Maximum allowable permanent sionaoe =150 sf Signage allocation: Building signs, each tenant @ 25feet = 75 sf Pole sign 50 sf Total 125 sf PARKING AREA I I 25' 25' 25' lA r/l00 ' primary street frontage ,tea 1 sf for each If of frontage = 100 sf Maximum allowable temporary advertising devices = 3 Total square footage allowable = 48 4"'Portabie sign (1) = 16 sf ,-Feather banners (2) = 32 sf Total 48 sf 3 0 • ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716, DIVISION 5 THEREOF, INCLUDING SECTIONS 90- 570, 90-572 AND 90-573 PERTAINING TO LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS, AND THE REGULATION OF TEMPORARY SIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOT LIGHTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation of signs within the City, to provide to the public a uniform sign regula- tion that preserves the aesthetics within the City and protects the health, welfare and safety of its citizens; and adequately displays commercial message; and WHEREAS, the existing sign regulations lack clarity with regard to the total area of signage allowed for an enterprise and other limitations on ground signs; and WHEREAS the existing sign regulations lack clarity with regard to the permissibility of temporary signs and limitations as to the number, location, frequency and duration of display allowable for certain temporary signs; NOW, THEREFORE, be it ordained by the City Council of 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. That the City Council for the City of Okeechobee, Florida amends herein Article IV, Supplementary District Regulations, Division 5, as follows: DIVISION 5. SIGNS. Sec. 90-570. meted Allowable temporary signs (no permit required) (a) Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the City. (b) The following temporary signs are permitted without a sign permit, provided that the sign conforms to the requirements associated therewith. (1) Signs to indicate that an owner is, either personally or through an agent, actively attempting to sell, rent, or lease property on which the sign is located, provided that J the sign: a. does not include the price, terms or similar details. b. is not illuminated in any manner so as to create a traffic hazard or distraction, or constitute a nuisance to any adjacent or surrounding property. 4 • • C. does not exceed six square feet in area in residential districts. d. does not exceed 32 square feet in all other districts. e. is removed immediately after sale, lease or rental. (2) ' s, porta a signs, temper banners, and non -inflatable wind signs intended to indi tea w business or the grand opening of a business , of- dia4 in A iea q'pee` business sales event, provided that the sign is not placed on the public -of-way. Such temporary signnage my be displayed for up to 30 I - .( (3) Construction site identification signs provided that the sign: a. does not exceed 32 square feet in sign area. b. is not displayed more than 60 days prior to the beginning of actual construction of the project. C. is removed within 15 days after the issuance of the final certificate of occupancy d. is removed if construction is not initiated within 60 days after the message is displayed, or if construction is discontinued for a period of more than 60 days, pending initiation or continuation of construction activities. e. is not located on a public right-of-way. (4) Signs, including portable signs, to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational or religious event or function, provided that the sign: a. is located on the lot same property where the event will occur or, if located elsewhere, the written consent of the property owner on which the sign(s) will be located has been obtained, b. is not displayed more than 14 days prior to the event, and C. is removed within three days after the event. (5) Within the CBD District only, temporary portable signs placed on the City owned { sidewalk in front of the business provided they do not interfere or endanger J pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. (6) Permitted temporary signs shall not be counted as part of allowable area for freestanding or building signs. 5 • 0 Section 90-571. Freestanding monument signs. Freestanding monument signs are permitted within all Commercial and Industrial Zoning Districts provided that; (1) The sign area for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall not exceed 64 square feet in area, or eight feet in height. (2) No development shall have more than one freestanding monument sign. (3) They are located consistent with all applicable set back requirements and are not located in a public right-of-way. Sec. 90-572. Building Signs (a) Building signs for buildings with a single business or occupant; (1) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, provided that no single building sign on any one side of a building shall exceed 60 square feet of sign face area (for example, if the width of the building facing the front of the lot is 50 feet wide, the maximum total sign face area for all building signs is 50 square feet. (2) Where building signs are placed upon more than one side of the building, the combined sign face area, shall not exceed the amount permitted by Section (a) above. (b) Building signs for buildings with multiple businesses or occupants. (1) One square foot of sign face area for each linear foot of the unit occupied by one business or occupant, provided that no such building sign shall exceed 48 square feet of sign face area for any one business (for example, if the width of a unit or several units occupied by one business is 24 feet, then one sign, a maximum of 24 square feet of sign face is permitted). (2) Building signs for different occupants shall be separated by a minimum distance of 36 inches. (c) Bracket signs or marquee signs. In lieu of the above described fascia signs, a business may install a single bracket sign or a single marquee sign in accordance with the following: (1) The maximum size of a bracket sign or a marquee sign shall be determined in the same manner as a fascia sign, provided that no such sign shall have more than 60 square feet of projected sign face area. (2) There shall not be more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project from the face of the building more than ten feet. (3) No portion of such sign shall extend above the height of the roof. (4) No portion of such sign shall be closer than three feet of any sidewalk, bike path, or pedestrian walkway and no closer than five feet from any street side property line. All such signs shall be securely anchored to a wall and shall in no manner be connected to or suspended from the roof of any building. Section 90 573 Limitations on the number and type of signs. The following limitations shall apply to the number and type of all signs except temporary signs, and building signs covered under Sections 90-570 and 90-572 respectively. (a) Total number of all signs There shall be no more than four signs or advertising devices located on any lot or parcel at anyone time subject to the following conditions: (1) Ground signs and pole signs One ground sign or pole sign is permitted in the front yard and shall not exceed 50 square feet in sign area and 20 feet in height, and shall not be closer than 25 feet to a residential district. (2) geeti .r 90 5-L3. Inflatable wind signs, search lights, and spot lights. Not more than one inflatable wind sign or search light or spot light shall be permitted on.a single lot or parcel. Inflatable wind signs, searchlights, and spot lights shall be permitted only within the Commercial and Industrial Zoning Districts and only under the following conditions: a. Issuance of a sign permit shall be required; b. No such inflatable wind sign, search light, or spot light shall be displayed on the same property more than two times per year and no period of display shall exceed 14 total days; and, c. No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. (3) Other temporary advertising devices such as portable signs banners, and non - inflatable wind signs (no permit required). a Not more than a total of three such temporary advertising devices shall be allowed on a single lot or parcel and only under the following conditions: 1 The total square area of such temporary advertising devices shall not exceed 48) square feet. • 0 2 A maximum of one banner per street front shall be permitted on a single lot or parcel. 3 The maximum size of any banner shall be sixteen square feet in area and eight feet in height. (b) Total area of all signs. The combined sign area of buildingsigns, igns ground signs and pole signs is limited to one square foot for each linear foot of -property on a frontage street plus one square foot for each two linear feet of proppi1y on side streets In addition the total area of temporary advertising devices shall not exceed 48 square feet. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 passage INTRODUCED for first reading and set for final public hearing on this day of 2009. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2010 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor .` The Updates! r from the City Administrator's Desk 55 SE 3Td Av., Okeechobee, FL 34974 City Hall — 763-3372 City Council meeting of January 19, 2010 New and Unfinished Business: • Sign/banner ordinance — I'm redistributing herein (enclosed) the last two memos on the sign ordinance for the Agenda. I've had a chance to meet with Chief Smith and Code Enf Sterling about the 11/23/09 memo and had the following observations of which we are sending to Bill for input: > In order to enforce and educate applicant we firmly believe there should be an application/permit process, albeit free. It give Code Enf a chance to explain the Code prior to the applicant spending $ on a banner or placing it inappropriately. We can teach the sign producers in town what the rules are by supplying them the same app guidelines. So, with that, any place on the new Ord that says `no permit required' should say `temporary permit required". We already have this permit process in place incl the guidelines (which can be modified, of course), the permit and the `tag'. >There doesn't appear to be any restriction as to the # of times a banner can be erected, other than every 30 days >We feel that Page 7 (Sec 90-573 (a)(3)(a) should be limited to two instead of three as it would then be consistent with, for ex Pg 8, (2) the limitation of I banner on each street front. Therefore, Pg 7(Sec 90-573 (a) should be changed to `no more than three signs' vs 4. >There is no accounting for a sideyard sign in page 7 (Sec 90-573 (a)(1) as it states only the `front yard' can accommodate a sign. The other memo distrib 12/1/09 to you the following is noted: the prior Ord called for a 15' setback for all signs, which seems extraordinary. The Code calls for a 20' front setback on structures and signs are defined as structures. The new proposed change is reflected on the attached and calls for a 10' setback for signs etc, which still maybe too stringent. We have a bit of a conflict with bldg setback and sign placement that will need to be addressed by the Council • Curb around medians on SW 5th Av — The City opened bids (on Agenda) for the installation of curbing around the medians along SW 51h AV from 3rd St to 6th St ... about 2000 lin ft. The City anticipates the followup asphalt program will tie into that project nicely. The low bid from Vest Concrete, is about what we anticipated at $13,000. • Resolution No 10-03 authorizing the financing docs for 14 Crown Vics and 5 Dodge Chargers is on the Agenda. Page 1 1/19110 Activity report cont'd • City Hall restroom remodel — We've perfected the plans a bit better at the direction of the Building Official. This should satisfy our last obvious ADA compliance issue, budgeted at $24, 000. The reason we followed up w/ this during the budgeting process is that I knew there'd be some left over constuct'n mess from the elevator (i.e. carpet) and figured we should try to knock out the restrooms. • EOC building and impact fees abatement request — the County is now requesting this again now that the facility is a go. There is not a way to estimate the eventual fee until b/dg permit (BP) application is reed, but Independent Inspector (ll) has indicated they are willing to abate 50% of the fee. I want to advise that we have a contract w/ ll and they receive 85% of the BP fees. Any action by the Council, legally has to adhere to the contract, I would think. • Again, the easement request for sidewalk installation on the north side of the 100 bik of NE 12"St for American Physical Therapy to avoid tree removal is on the Agenda. At the time of this report, I do not have the corrected easement description. • Joint meeting with the County Commissioner — Met with Lyndon Bonner about topics that might be conducive to the two Boards meeting. • Chamber of Commerce — At the last meeting, the Council briefly discussed the City's inability to allow the Chamber to sublease part of their offices. I've tried unsuccessfully to reach the Chamber and it's officers and have been advised that the office is closed indefinitely. Until such time that I have additional information there is no point in reiterating unsubstantiated issues. Will keep you posted on this matter via email. • Railroad Depot — Sent an email to the CSX rep on 6123109 reiterating the hardship the City would realize in meeting the prior Letter of Intent in light of insurance parameters... nothing new since... nothing new to report. • Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting now a few months ago to, I suspect, discuss increasing fees) Attorney: • Litigation/mediation on the billboard issue — There are actually 3 cases relating to the billboard case along SR 70 West. Two involving the sign company and the building permitting process and one from Mrs. (Newcomer) Tuten involving the zoning issue and inability to construct a sign. On 1/12/10 Atty Cook and I met in mediation w/ Atty Steve Ramunni and his clients in Ft Meyers at the office of our insurance company's atty Robert Shearman, Henderson, Franklin, et. al. After a marathon mediation we concluded a settlement that will eventually be presented to the City Council for approval during a closed session that included no monetary damages but the construction of a sign in a different area that the sign company has to investigate availability. Obviously it's a bit more complicated than that and that information will be explained at the meeting, probably scheduled within the next few months. Page 2 1/19110 Activity report cont'd • `Goodbread' property 20' R-O-W dedication, 100 blk of SW 21st St, the deed for the 20' strip of land from the Good breads has been executed and recorded. • 803 NW 12th St area for Habitat for Humanity donation — the lot in question is now owned be Habitat! We consummated the transfer directly from the Browns to Habitat without the City taking ownership. • Annexation of 5-acre Brantley property — spoke with Rob Wilson who has Steve Brantley's approval to annex the 5-ac parcel just east of the nuisance property, hoping to do some legwork prior to any other potential development. Have a copy of a Lis Pendens filed against the Duffy's for that property on the north side of Brantley's. Finance: Investment Policy — We're preparing an investment policy based on other communities and State Statutes. I think it's a good safeguard idea, identifying our investment principles and what instruments we intend to invest in. As a background, the City only invests in Qualified Public Depositories (QPDs) which offer a cpl of layers of safety above the normal $250k FDIC. Banks are 'ranked' predicated on their balance sheet as to what ratio of collateral is required for our investments. If a bank balance sheet is unfavorable, the bank is required to post a higher level of collateral, which could affect their ability or incentive to offer a higher interest rate, hence governmental investments, while maintaining the highest possible level of safety, suffer a bit in investment returns. Fire: • Activity report is attached. • Code Enforcement — nuisance property at 909 N Parrott has been the source of investigation for months ... we've been unable to secure appropriate ownership release docs in order to consummate demolition thereof. We apparently now have the 'green light' and are scheduling the demo, including FPL issues and Waste Management etc. • Fire Union — Heard nothing more... ball in their court - Requests incl adding kelly days' amending the education reimbursement requirement if one quits the Dept and incorporating a cost of living wage increase. One provision that's probably doable is to assure that City Fire Dept personnel be used to fill the shifts. General Services: • Comp Plan Evaluation and Appraisal Report (EAR) — that we examined last meeting 1113109, was sent to DCA for approval. Anticipate setting 1/21/10, 1:00pm meeting at City Hall to invite other Gov agencies soliciting input as part of a "scoping meeting" required by §163.3191(3). LaRue's office has supplied a sample letter that I've attached hereto. Page 3 1119110 Activity report cont'd Water Supply 10-yr Plan Ord — We had the 1st Rdg on 1113109 and it's been sent to DCA for approval, prior to the City's final adoption. SFWMD copied me on their input to DCA, which included a problem with OUA's Consumptive Use Permit and that they are operating on a temporarily extended CUP. There's issues that SFWMD wants addressed prior to approval. I've spoken to John Hayford about this before but now it's imperative that this is rectified. We've set up a meeting for Jan 29thw/ County staff, OUA and myself at Jeff Sumner's office. Prior to that Hayford plans to again approach SFWMD about the CUP. Street Asphalt program bids — We have developed the plan/plat sheet for the project. The City budgeted $300k for the project and we are hopeful it will come in at $250k-$260k. Therefore, in connection with the street project we plan to add curbing around the three medians along SW 5th Avenue, approx 1940 fin ft. as described above. Public Works: • Stimulus funded sidewalk program — Discovered that the phase 1 contractor is BNB Contractors from Pembroke Pines. Have spoken to DOT about the project a cpl of times since last meeting, but have no starting date. • Side arm mower -tractor purchase — Completed spec prep on this equipment budgeted at $120k form the Gas Tx Fund. $120k is to cover an alt longer 24' boom. We think the 20' arm will be $80k-$90k. Parks beautification — Sent you an email explaining the financing of the installation of a chickee at the Boat Ramp Park (end of SE 4th St) new picnic table area: As you are aware, over the last month or so we've discussed and pursued additional improvements to the boat ramp park at the end of SE 4th St. I sent you an update memo on 12/10/09 (a copy of a memo I sent to Councilman O'Connor) wherein I was less than excited about the prospects of spending some $2880 for a tiki-type but roof for the newly installed (by our Public Wks guys) bench there, after originally suspecting the City was to be the recipient of a donation. Since then Councilman O'Connor has solicited donations/concessions from the Seminoles ($1440) and Waste Management ($1000), leaving the City's contribution to the project at $440. With that in mind, I think the project is doable and after completion will shed (no pun intended) a great light on not only the City but the other two donating institutions. So, we are pursuing the matter and look forward to getting something done there. • DOT and CSX crossing —have nothing new to report on scheduling. End... Page 4 • • FIRE DEPARTMENT/CODE ENFORCEMENT STATUS REPORT December 2009 MR. WHITEHALL: FIRE DEPARTMENT REPORT CALLS: Total calls 92 Fires 4 Med/rescue 74 Haz mat 3 Service Call 3 Good Intent Call 6 False Alarm/Cancelled 2 Misc. 0 Nothing unusual noted on call pattern from last month and December of 2008 Meetings attended: Council Public Relations: * Showed Engine to children at Okeechobee Christian Academy * Santa on Fire Truck around town * Santa rode on truck to City Park for light ceremony * High School Students in Fire Department and attended their mock council meeting * Engine 6, Ladder One and Engine one in Christmas Parade * Firefighters assisted a driver of an armored vehicle with gaining entrance to their vehicle after an accident. (The driver sent a letter of appreciation stating how professional and helpful our firefighters were during the call) * Firefighters assisted the county with a situation at the skate park Station and Equipment: Truck 8 is fully functional and responding to calls. T-8 is being used on medical calls as allowed based on manpower New Rescue tools placed into service on Truck 8 The suction device used on medical calls malfunctioned recently and it is a consensus that the suction device may present a problem in the future due to its quality therefore, Firefighter Weeks ask if we could request any old suction devices from the county. I requested and they let us borrow two older units until we can budget for our own. • • Firefighters on shift built cribbing blocks for our department use during extrication Firefighters repaired sirens, lights and other equipment on various vehicles Personnel * Lt. Hodges was out on shoulder surgery and is scheduled to come back to work on January 101h, 2010 with the approval of the surgeons. * We filled in Lt. Hodges shift as much as possible with the floater and hired volunteer Skipper to fill in temporarily to save on overtime as much as possible. Volunteer Skipper is a Florida certified EMT and Firefighter. * Monitored the leave this month and noted no abuse of sick leave. Training /Inspections/Plans Review * Fire Crews and Inspectors have conducted approximately 10 inspections * Fire Crews performed training with new rescue tools and BMJ towing by cutting and securing old vehicles * Lt. Baugh went over Ladder one training with all firefighters * Firefighters conducted pump operations training with the new volunteers * Firefighters trained in monthly EMS and Fire Training (FETN) * Firefighters worked on ICS classes online (all certificates was dropped off to EOC (mike)) * We are working on the ICS classes that need to be taken in a class room * Chief Smith attended certification test for the VNA fire sprinkler project CODE ENFORCEMENT See Attached report from Fred CONUNG UP: * Burning of houses in Dean's Court with the approval of the owners City of Okeechobee Code Enforcement November 2009 Notes Date Inspect Letters Letters NOV/NOH NOV/NOH Written Cleared Issued Closed 2 36 1 4 0 0 3 9 2 0 1 1 Worked on Power Point for Code Board Hearing 4 6 3 0 0 0 Worked on signs/Worked on Power Point 5 3 2 0 1 0 Worked on Hospice & Baughman 6 14 4 0 4 0 Worked on Power Point for Code Board Hearing 9 26 2 2 0 2 Insp. Property going to Code BoardlWorked on Power Pt. 10 23 1 0 0 0 Inspected & photographed properties for Code Board 12 4 2 2 0 0 13 6 2 0 0 0 16 31 0 0 0 0 17 17 2 0 0 0 18 6 3 1 0 0 19 13 2 2 0 2 Met with Mr. Daniel #09-080/Met Donnie about sgtbacks 20 7 4 0 2 0 Met with Bob about signage at The Sign Guy. 23 31 2 2 0 2 24 6 0 0 0 0 Picked up Circus signs/Met with Bob about 2 properties 30 35 5 5 0 2 Met with new tenent at Super Stop Total 273 37 18 8 9 Planning 0 * & Manag Today's Date: December 22, 2009 • ement Services, Inc. To: All State, County and Municipal Invitees Subject: City of Okeechobee Evaluation and Appraisal Report (EAR) Scoping Meeting The City of Okeechobee has begun the process of identifying major issues to be included in the evaluation of the City's Comprehensive Plan. The due date for adopting the City's Evaluation and Appraisal Report (EAR) is January 1, 2011. The City will be holding a scoping meeting on January 21, 2010 at 1:00 P.M. This meeting will be held in the City of Okeechobee City Hall building located at 55 SE P Avenue, .Okeechobee, Florida 34974. This meeting is the scoping meeting described in § 163.3191(3), F.S. The topics that the City Council and the Local Planning Agency have identified forming preliminary major issues are: The need to provide for a transition from residential use to commercial use in certain areas of the City. II. The need to eliminate inconsistencies between the Official Zoning Map and the Future Land Use Map (FLUM). III. The need to re-examine the Taylor Creek area and related Plan Policies in order to allow development that would not degrade its water quality. IV. The need to establish compatible and consistent urban design standards for the City's Downtown area. V. The need to emphasize pedestrian connectivity and establish streetscape standards within the City. The purpose of the meeting is to distribute data and resources available from your Agency's perspective while providing input on the major issues being identified by the City. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 info.@Aarueplanning.com • We would appreciate attendance by you or another representative of your Department at this meeting. Please respond so that we may confirm your attendance. We will look forward to hearing from you. Sincerely,, James G. LaRue, AICP Planning Consultant JGL/vr c: Brian Whitehall, City Administrator John Cook, City Attorney Lane Gamiotea, City Clerk Bill Brisson, City Planning Consultant V MEMORANDUM To: Mayor Kirk and City Council From: Robin Brock, Executive Secretary Subject: Economic Development Council Date: January 15, 2010 Attached is information taken from the Main Street Economic Development Council meeting at IRSC last Wednesday, January 13, 2010. If you have any questions, please let me know. Thank you. Economic Development Tool Kit Proposal Okeechobee Economic Restructuring Committee *Okeechobee Main Street, Inc. V-4 Toolkl*t Proposal ■ The need for a consistent set of offerings will assist our organization in being competitive with other EDC � organizations • Tools require consistent application across all affected organizations ■ Current offerings include: ❑ Enterprise Zone Benefits ❑ HUB Zone ❑Qualified Target Industry Tax Refund Program ❑ Road Fund ❑ Workforce Training Grants ❑ Employee Recruitment Toolkl*t Proposal OU Vj~.""V ■ While Okeechobee has some advantages being a rural community, the incentives above are available to all � communities in Florida. . To be competitive, additional tools are needed in the "Toolkit". One such tools is being proposed for consideration: o Impact Fee Mitigation Program • • Impact Fee Mitigation Program ■ Qualifying Criteria: o Be a qualified target industry business, and o Create a minimum often (10) new jobs or a ten (10) percent increase in existing employment (whichever is greater), and o Meet one of the following additional criteria: Pay average wage (excluding benefits) of at least one hundred seven (107) per cent of Okeechobee County's average wage, and provide benefit package that includes health insurance; or Make a minimum $1 million capital investment C11 Impact Fee Mitigation Program p'�` ■ Qualified Target Industries: 0 ❑ Business Creates Exportable Product or Service in One of the Following Sectors: Manufacturing Distribution Life Sciences Aviation Marine Products • Impact Fee Mitigation Program ■ Company would submit an application for consideration • of impact fee mitigation to County Administrator for review Application would include: ❑ Description of the project for which the application is being submitted including amount of capital investment; ❑ Proof that the project will be for a qualified target industry business; • ❑ Number of full-time jobs to be created; ❑ Other necessary information as determined by the county administrator 0 Impact Fee Mitigation Program Manufacturing Company Job Credit Calculation: 15 x $5,000 = $75,000 Creating 15 New Jobs I Based on Job Creation: 60% of $50,000 = $30,000 Paying 150% of Avg Wage I Based on Investment: 20% of $50,000 = $10,000 Investing $2 million 1 Impact Fees = $50,000 1 Mitigation Amount: $30,000 Impact I ee Mitigation Program Distribution Facility Creating 100 new jobs Paying 107% of Avg Wage Investing $21 million 1 Impact Fees = 5150,000 Job Credit Calculation: 100 x $3,500 = $350,000 Based on Job Creation: 60% of $150,000 = $90,000 Based on Investment: 60% of $150,000 = $90,000 Mitigation Amount: $90,000 E E Impact Fee Mitigation Program Avionics Facility Creating 10 new jobs Paying 107% of Avg Wage Investing $11 million Impact Fees = $125,000 OU Vt,4#.,,v Job Credit Calculation: 10 x $3,500 = $35,000 Based on Job Creation Maximum Amount: $35,000 Based on Investment: 40% of $125,000 = $50,000 Mitigation Amount: $50,000 El