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2010-02-16CITY OF OKEECHOBEE FEBRUARY 16, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDACOUNCIL ACTION - DISCUSSION - VOTE I. CALL TO ORDER - Mayor: February 16, 2010, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. III. 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. MINUTES - City Clerk. PAGE 1 OF 5 Due to the absence of Mayor Kirk, Council Member Watford, acting as Mayor Pro-Tempore called the February 2, 2010 Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Bruce Simpson of the First United Methodist Church; followed by the Pledge of Allegiance led by Mayor Pro-Tem Watford. City Clerk Gamiotea called the roll: Absent Present Present Present (serving as Mayor Pro-Tempore) Present Present Present Present Present Absent (Lieutenant Hagan was present) Present Present A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the February 2, 2010 Regular Meeting - City February 2, 2010 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. Clerk. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 1 FEBRUARY 16, 2010 - REGULAR MEETING - PAGE 2 OF 5 4 O 9 1 AGENDA V. WARRANT REGISTER - City Administrator. A. Motion to approve the January 2010 Warrant Register: General Fund................................$465,111.81 Capital Improvement Projects Fund ............... $453,066.67 Capital Improvement Projects Fund -Impact Fees .... $ 25,604.30 Public Facilities Improvement Fund ............... $ 7,645.45 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM - Mayor. A.1. a) Discuss the CDBG Program for Fiscal Year 2009 Funding Cycle - Nancy Phillips, Grant Administrator. COUNCIL ACTION - DISCUSSION - VOTE Council Member Markham moved to approve the January 2010 Warrant Register in the amounts: General Fund, four hundred sixty-five thousand, one hundred eleven, and eighty-one cents; ($465,111.81); Capital Improvement Projects Fund, four hundred fifty-three thousand, sixty-six dollars and sixty-seven cents ($453,066.67); Capital Improvement Projects Fund -Impact Fees, twenty-five thousand, six hundred four dollars and thirty cents ($25,604.30); Public Facilities Improvement Fund, seven thousand, six hundred forty-five thousand and forty-five cents ($7,645.45), seconded by Council Member Williams. There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? There were none. MAYOR PRO-TEM WATFORD OPENED THE FIRST PUBLIC HEARING FOR CDBG AT 6:04 P.M. Mrs. Nancy Phillips, Grant Administrator, addressed the Council by stating, this is the first of two required public hearings for the upcoming 2009 Community Development Block Grant cycle. The state will be releasing funds in June for 2009 cycle, and late fall for the 2010 cycle. There are four categories in the CDBG program: (1) Housing Rehabilitation, corrects code violations in substandard housing owned and occupied by low -to -moderate income eligible residents of the City; (2) Neighborhood Revitalization, used to install public infrastructure improvements (water/sewer) in low -to moderate income neighborhoods of the City; (3) Commercial Revitalization, is used to provide infrastructure improvements in the Commercial Redevelopment Area (CRA) of the City. Under this program, facade improvements can be made to businesses located in the CRA; (4) Economic Development, is based on job creation by a private business entity. Normal activities are the construction of public infrastructure required to create the jobs. Examples are water and sewer line extension, roadway or sidewalk improvements. The City is eligible to receive up to $700,000.00 in grant funds, and could apply for two grants as long as one of them is an Economic Development Grant. Each activity that is proposed, at least 70 percent of the funds must benefit low to moderate income persons. Mrs. Phillips requested to meet with Staff to determine which proposed projects could meet all the necessary requirements forthe highest possible qualifying score and then present to City Council at a later date for final approval before submitting the application. The last project the City received was for Commercial Revitalization, it was funded during the 2008 FY cycle, and was used for sidewalks and lighting. 410 FEBRUARY 16, 2010 - REGULAR MEETING - PAGE 3 OF 5 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM CONTINUED. A.1. b) Public comments. CLOSE PUBLIC HEARING. Vill. UNFINISHED BUSINESS. The floor was opened to receive comments or questions from the pu blic. There were none. The concensus from the Council was to authorize Mrs. Phillips to meet with Staff as requested. MAYOR PRO-TEM WATFORD CLOSED THE PUBLIC HEARING AT 6:13 P.M. A. Discussion regarding proposed changes to the sign regulations - Planning Consultant Brisson submitted a memorandum dated February 2, 2010, outlining 11 sign regulation sections City Planning Consultant (Exhibit 1). to be amended based on discussions from the January 19, 2010 meeting. Administrator Whitehall distributed prior to today's meeting two memorandums, one from Attorney Cook regarding clarification on F,S. 812.173, commercial window sign limitations, as well as one from him that coordinates with Mr. Brisson's memorandum. (1) Section 90-567, covering the windows, or glass doors, inside or out, (sticky -back), is allowed without a permit and without limitations, subject to statutory regulations. Following the discussion, Council agreed with this language. (2) Section 90-569, artwork, non-commercial (not murals) have a 100 square feet limit and must not distract drivers, this is not to be confused with commercial artwork found in Section 90-588, which is considered a building sign, and limited to the building width. No permit will be required. Consensus of the Council was to move forward with this language. The next four items were discussed together: (3) Section 90-570, no permit required for temporary signs indicating for lease, for sale, for rent, have size/time limits but generally are not counted in the sign count restriction; (4) no permit required for construction signs, have limits (size, time) but no sign count restriction; (5) no permit required for signs for events (fairs, festivals, public functions), to be located on the same lot as the event or have written consent for off premises, no sign count limit; (6) CBD downtown area, no permit required on portable signs and can be on sidewalk during business hours, no sign count limitation. Council agreed. (7) Section 90-571, monument signs, keep same as before, a monument sign is a ground sign and requires a building permit. Consensus of the Council was to move forward with this language. (8) Section 90-572, sign size limits: A. Building -type signs (attached to a building and requires a building permit); single business building, one square foot for each linear foot of building front, with maximum of 60 square feet (on any one side) except those facing Park Street and Parrott Avenue, and they are only limited by the linear feet of the building; FEBRUARY 16, 2010 - REGULAR MEETING - PAGE 4 OF 5 411 AGENDA I 1 COUNCIL ACTION - DISCUSSION - VOTE VIII. UNFINISHED BUSINESS CONTINUED. A. Discussion regarding proposed changes to the sign regulations (8) Section 90-572, sign size limits A. continued: for multiple businesses building, one square foot for each linear foot continued. of the unit, limited to 48 square feet per sign; one bracket sign in lieu of the above building sign, but same general rules on sizing. The consensus of the Council was that the square feet needs to be reviewed closer, what has been proposed does not add up correctly. B. Ground and pole type (require a building permit), Section 573(1 a), not to exceed 50 square feet nor 20 feet high, nor closer than 25 feet to residential (monument signs-64 square feet maximum, eight feet in height, Section 573(2), combined size limit for all building permit signage including building/pole/ground (A and B above); one square foot for each linear foot of the property plus one square foot for each 2 linear feet of the side street. Council agreed. C. Banners/portables/non-inflatable types, Section 573(1 c),16 square feet apiece and 48 square feet all banners total. Council agreed. (9) Section 90-573, sign number limits; a total of five signs (excluding the building type and temporary signs mentioned above) made up as follows: building signs, no limit (building permit); temporary signs, no limit (no building permit); one pole or ground sign (building permit); one wind/search light/spot light type sign in a commercial or industrial zoning for 14 days twice a year (our temporary use permit); three maximum, banners/portable signs/non-inflatable wind signs, up to 48 square feet (a business can theoretically have five signs, plus the building signs, plus the other temporary signs described above) of which three can be un-permitted banners with the total of all banners/portable signs/non- inflatable signs limited to 48 square feet). Consensus of the Council was to adjust to have one banner allowed per businiess within a multiple businesses building, and to number the sign limits to a total of three signs, III except for twice a year for the 14 days which would allow total of five signs. During the discussion of banners within the Central Business District, Mr. Scott Dawson of Custom Graphics offered a suggestion that the Council allow banners within the District, but limit the colors that could be displayed. (10) Section 90-580, setbacks, a one foot front setback for signs along a street right-of-way, but there remains an applicable side setback (eight feet unless adjacent to residential, then it is 20 feet) for businesses that abut another with no side street separation. Consensus of the Council was to move forward with this language. Mr. Phil Baughman gave the example of his sons' business and how this side setback is prohibiting him from constructing a sign on the street frontage due to the placement of the existing building and parking lot ingress and egress. 1 FEBRUARY 16, 2010 - REGULAR MEETING - PAGE 5 OF 5 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. UNFINISHED BUSINESS CONTINUED. A. Discussion regarding proposed changes to the sign regulations Council noted, that was something to consider, but did not suggest to change the language at this time. continued. 11 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. Watford, Jr., Mayor ro-Tempore Lane. amiotea, C ,:fiity Clerk Mayor Pro-Tem Watford stated that this item was for discussion purpose only, these amendments will have to come before City Council in ordinance form for first reading and then a final public hearing. There being no further items on the agenda, Mayor Pro-Tem Watford adjourned the meeting at 7:45 p.m. The next meeting will be March 2, 2010 at 6:00 p.m. 1 L) u CITY OF OKEECHOBEE - Februaryll6, 2010 - REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor: Mayor Pro Tem Watford called the February 16, 2010 Regular City Council Meeting to order at p.m. II. OPENING CEREMONIES: The invocation was offered by Reverend Bruce Simpson, First United Methodist Church; Followed by the Pledge of Allegiance led by Mayor ProTem Watford. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk Absent Council Member Lowry Markham Present Council Member Mike O'Connor Present C ounceI Member Dowling R. Watford; Jr. Present (acting as Mayor Pro-Tempore) 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 Fesefit b � Fire Chief Herb Smith Present Public Works Director Donnie Robertson Present IV. MINUTES - City Clerk. �� A. Council Member moved to dispense with the reading and approve the Summary of Council Action for the February 2, 2010 Regular Meeting; seconded by 'mQ . There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD -YEA WILLIAMS - YEA �N OTI V. WARRANT REGISTER - C'ty Administrator A. Council Member / Yl moved to approve the January2010 Warrant Register in the amounts: General Fund, four hundred sixty-five thousand, one hundred eleven, and eighty-one cents; ($465,111.81); Capital Improvement Projects Fund —Vehicles, fourhundred fifty-three thousand, sixty-six dollars and sixty-seven cents ($453,066.67); Capital Improvement Projects Fund - Impact Fees, twenty-five thousand, six hundred four dollars and thirty cents ($25,604.30); Public Facilities Improvement Fund, seven thousand, six hundred forty-five thousand and forty-five cents ($7,645.45), seconded by Council Member Q,(,� There was no discussion on this item. Dc,K_)- C Pz F- UC ht Qc PaL3 VI. AGENDA - Mayor.494" ' A. Mayor Pro-Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? how. VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM - Mayor 10- C) A.1. a) Discuss the CDBG Program for Fiscal Year 2009 Funding Cycle -Nancy Phillips, Grant Administrator. I awe y e(!"L V ` t h� a n,"bc._kc)� C o OkO (,,V� ( oC&I q 6LU4, �� a,� b (o� I, M"d ikeou. r s �' o� fae cicri.� a.do(A m +a I-3 i 2 COM7 Page 1 of 2 YCU) C4�2 Z lt nt_� UJW dl4t� 6�__ d t I out �b MCGU mac. �A.A_CZ,*k .. Council 4mber Funding C le; conded KIR - AB ENT W FORD - YEA A. I. b) Public comments. moved to apprgve the by Coun i( ember \ / Mao , Cjc9q K 41l KIM MAYOR PRO TEM WATFORD CLOSED THE PUBLIC HEARING AT P.M. Year 2009 VIII. UNFINISHED BUSINESS. A. Discussion regarding proposed changes to the sign regulations- City Planning Consultant (Exhibit 1). C� 04 CI I? git- w cd C UL) - a-LL Wv &Ck)0 4— - 7)w - Ste. (, - '( W (Ad0)� _1�6 3 ham cool bi 0- AMA d Wta- c IR C pz(-4- Cc Lk duo 0/t- a b u c "Sv�'CLQ Sf oaf w /Ytc�C° h G,� davl �Ju MC6� �(� ��+Pti,�., �� lam. �•a� �d wu,ft IX. THE MEETING WAS ADJOURNED AT P.M. Page 2 of 2 �- c W �./()-4-ccf)3 w- �tt"C w� f-CC-QoLk P,-C� (+ coo C4 Loords er g5c Cq ry1wl sue, Pc- (S Ofe n ctst-�- -�-�e� 1 Me. (-imi-fs S�c�ns �cial ,_ bfc� �-Poup G� -C 01 `� , r� c,� �.� urn cfs lJ:� (-.h,js 50.�ncvQ�,, �s� ap cl cj+Oe.� CL � flsA etc �� G`,� c'nitCi GQQ �YOff �G�„J�x� — O�du'h f6 u�il, UQ11,� � CTLC) Leh, v4atlo OuJA av k \ S uaocd� W/ pt,044 Cut 6c�u, /L�'� �Te�t`�C�� . L 96AI �" -;u-k�a,,,� �-(�z � CG ti..oc�a,� I ` �Sc�e �Scf l . u2 P�U �auL 4t kcu-k sl kcadl/�, q- PO L4 CITY OF OKEECHOBEE - Februa 1 10 - REGUP4 CITY COUNCIL MEETING HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor: Mayor Pro Tern Watford called the February 16, 2010 Regular City Council Meeting to order at LO : 06, P.M. II. OPENING CEREMONIES: The invocation was offered by Reverend Bruce Simpson, First United Methodist Church; Followed by the Pledge of Allegiance led by Mayor ProTem Watford. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk Absent Council Member Lowry Markham Present Council Member Mike O'Connor Present Council Member Dowling R. Watford, Jr. Present (acting as Mayor Pro-Tempore) 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 .p..f(,Ly,� m 1 Fire Chief Herb Smith Present Public Works Director Donnie Robertson Present IV. MINUTES - City Cler A. Council Member moved to dispense with the reading and approve the Summ ry, f Council Action for the February 2, 2010 Regular Meeting; seconded by Z There was no discussion on this item. VOTE KIRK - ABSENT MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA TION CARRIE V. WARRANT REGISTER - Ci Admigis�t�raA,tor A. Council Member ---�� moved to approve the January 2010 Warrant Register in the amounts: General Fund, four hundred sixty-five thousand, one hundred eleven, and eighty-one cents; ($465,111.81);tapital Improvement Projects Fund —Vehicles, four hundred fifty-three thousand, sixty-six dollars and sixty-seven cents ($453,066.67); Capital Improvement Projects Fund - Impact Fees, twenty-five thousand, six hundred four dollars and thirty cents ($25,604.30); Public Facilities Improvement Fund, seven thousand, six hundred forty-five thousand and forty-five cents ($7,645.45), seconded by Council Member )/ 11" . There was no discussion on this item. Ity-ec',- VI. AGENDA - Mayor.,i A. Mayor Pro Tem Watford asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM - Mayor. A.1. a) Discuss the CDBG Program for Fiscal Year 2009 Funding Cycle - Nancy Phillips, Grant Administrator. c,2eC -� STL C.� � � � Y✓L ►� /1/.i Q-'�i�` ��- l_.. � TKO � ( �`'l J 4%i Page 1 of 2, Fret i�U2�e-� Council Member Funding Cycle; s KIRK - ABSENT WATFORD - YEA A.1. b) Public comments. ber to approve the CDBG Program for Fiscal Year 2009 MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. MAYOR PRO TEM WATFORD CLOSED THE PUBLIC HEARING AT I. 43- P.M. VIII. UNFINISHED BUSINESS. A. Discussion regarding proposed changes to the sign regulations- City Planning Consultant (Exhibit 1). puWe, C Coy"/�� z 0. /ry�wh,dj ed r� n IX. THE MEETING WAS ADJOURNED AT P.M. Page 2 of 2 C3) ,fit', It lk CITY OF OKEECHOBEE FEBRUARY 16, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 2 CALL TO ORDER- MAYOR: February 16, 2010, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; Pledge of Allegiance led by Mayor. 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. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the February 2, 2010 Regular Meeting - City Clerk. FEBRUARY 16, 2010 PAGE 2 of 2 V. WARRANT REGISTER - City Administrator A. Motion to approve the January 2010 Warrant Register. General Fund $465,111.81 Capital Projects/Improvement Fund $453,066.67 Capital Projects -Impact Fee $ 25,604.30 Public Facilities Fund $ 7,645.45 VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN FIRST PUBLIC HEARING FOR CDBG 2009 FY PROGRAM - Mayor. A.1.a) Discuss the CDBG Program for Fiscal Year 2009 Funding Cycle - Nancy Phillips, Grant Administrator. b) Public comments. CLOSE PUBLIC HEARING. VIII. UNFINISHED BUSINESS. A. Discussion regarding proposed changes to the sign regulations - City Planning Consultant (Exhibit 1). 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 is for the sole purpose of backup for official records of the Clerk. -INDEPENDENT _ - NEWSPAPERS OKEECHOBEE NEWS 107 S.LV. 17th Street, Suite D, pkoechut+ee, FI- 34974 (863) 763-3134 ZI STATE OF FLORIDA COUNTY OF OKEECHOBEE 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 -LL L�t Li 4 i6l z e in the matter of 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, fiTM OT corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. =�=-- Judy Kasten Sworn to and subscribed before me this _- day of - - C-t _Z_� � AD -1-0 1 Lo U Notary Public, State of Florida at Large NOTARY PUBLIC -STATE OF ' ORIDA Angie Bridges .Commission #DD779719 '•`. Expires: APR. 20, 2012 BONDED THEW -4Tl-A+TIG 110NMING CO., INC. FLUT PUBLIC HEARING NONCE - The Clly of Okeechobee will be condudktgg a Public Hearing for the FY 2009 Community Development Block ,Grant (CDBG)) 92nt pprrooggram. The City Is eligible to receipt t� to $700,600: from the Flprlda SmaN Cltlrs CDBG pro- gram administered by the Florida Department Community Affairs. The FY 2009 CDBG funds will be used for one of the,following purposes: 1. To benefit low and mbderate income persons; or. - 2. To aid In the prevention or elimkratbn of slums or bilght or 3.To meet othercommunity development needs of recent origin having a partlddar urgency because a �stlng conditions pose a serious and imme- dWte [Meat to thehcalh cr w m of the community and where other fi- nancial resources are not available to meet such needs. The categories of activities for which the fY 2009 funds may be used are in the areas of housing, neighborhood reviiakmtion, cc rddaall revitaNrAm, or eoonomlc development and Include such improvement adMtles as acqui- sition of Teal property, loans to prNate-for-Profd business, purchase of ma- ehinery::and equipment, conshyctlon of Infrastructure, rehablRatlon of [houses and cannhr:rcial;bulldings,rand energy mnservatiob. - Additional --In- formation rega�N�g. the range of adtvitles Nat may be urndertaken will' be provided at lie public hearing.. For each-acUvlty Nat Is. proposed, at least 70% of the funds must benefit law and moderate income persons. in developing an application for submission bo DCA, the City must plan to mhurnize addition, the Oty k refit uked ro develop? Plwtoa result D� displaced Pis N. The public,rid hearingtoreceive clgzen views concerning the eormnun eco- nngg j� communityhof OIc�tneeds will be at the ClLyCounel Chambers on Tueue C��y,.Fe - 16 2010 at 6:00 p.m.- The meeting will be held at the Okeediobe OW jQ; 55 5E 3rd Avenue; Okeedwbee. For intam atlon concerning ttre pubic hearing, contact the Clry Admloktrators ORke or telephone 863-763-3372. The public hearing Is being conducted Ina handicapped accessible to r d or Any handicapped person requiring an interpreter for a hearinngg impaired or the viwaily mpahod should contact the Citys Administrator's at least five calendar days prior to the meeting and an Interpreter will be provided. Any non-Engilsh specking person wishing to attend the public. hearing should contact lie Oty AdmkhStrator's,0lfice at lost Ive,calendar day prior to the and a labguage Interpreter will be -To access a !Tekxpmmu- De`vke -for. Deaf Persons (TDD) Pk�se call 1-800.955.8771. ,Army �handiopped persah re U= special acmmnlodatlon at this meeting should -contact the City Adm Btratoe, office -:at least.Me calendar days rnbr taoytore meeting. 3IGamlo� City Cleric - - 345611 ON 217/10 . MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Lake Worth, Florida 33467 Tel: 561-432-1524FAX: 561-432-6734 February 1, 2010 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: 2008 CDBG Grant Project The City of Okeechobee is considering submitting an application for funding through the FY 2009 Community Development Block Grant (CDBG) program. The deadline has not yet been announced. The CDBG program is extremely competitive statewide with fewer dollars to award this year. In order for the City to remain competitive, it is important to structure a project that the City feels could be funded. There are four (4) categories of the CDBG program: 1. Housing Rehabilitation — Program corrects code violations in substandard housing owned and occupied by low -to -moderate income eligible residents of the City. 2. Neighborhood Revitalization — Program is used to install public infrastructure improvements (water/sewer) in low -to -moderate income neighborhoods of the City. 3. Commercial Revitalization — Program is used to provide infrastructure improvements in the Commercial Redevelopment Area (CRA) of the City. Also under this program, facade improvements can be made to businesses located in the CRA. 4. Economic Development — Program is based on job creation by a private business entity. Normal activities are the construction of public infrastructure required to create the jobs. Examples are water/sewer line extension, roadway improvements, etc. I will be present at the February 16t' City Council meeting to further discuss the various project areas and answer any questions you might have. /nsp Planning Manao. LxniBIT I ft B 16, 20Z0 ment Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson Date: February 2, 2010 Subject: Revised sign regulations per direction at the January 19`h City Council meeting. The following briefly describes the substance of the changes contained in the ordinance on the following pages. 1. Sec. 90-567, Exempt signs, (no permit required): the reference to one ground sign no closer than 25 feet to a residential district is deleted. Under Sec. 90-573 we require a permit for a ground or pole sign. This is a new change as a result of our last meeting. 2. Sec. 90-567, Exempt signs, (no permit required): We have added a provision allowing "sticky -back" window coatings or thin coverings on the outside of windows without a permit and they are not to be counted towards the square footage allowed for building signs. This is a new change as a result of our last meeting. 4. Sec. 90-568, Prohibited signs: A minor change to the wording is suggested for clarity. This is a new change as a result of our last meeting. 5. Sec. 90-569, Sign area computation: Noncommercial artwork is excluded from computation of allowable sign area just as are murals. This is a new change as a result of our last meeting. 6. Sec. 90-570: Allowable temporary signs (no permit required): Simplifies regulation of temporary signs for grand openings; no permit is needed; display limited to 30 days as discussed on 11-4-09. a. We have also noted that these signs are not to be counted towards the allowable number of area of freestanding or building signs. This is a new change as a result of our last meeting. b. The reference to temporary signs, portable signs, etc. associated with a grand opening or a new business has been eliminated. These will now be counted as one of the three signs allowed under Sec. 90-573 (1) (c). This is a new change as a result of our last meeting. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jack -son Street, Suite 206 Fort Myers, FL 33901 ------ - - 239-334-3366 info:o larueplarming.com C. Sub -item (f) has been deleted because temporary signs are now exempted under 90- 573 from being counted towards the allowable area for signs. This is a new change as a result of our last meeting. 7. Section 90-571: No significant changes to the regulations now in effect. This section is included only for ease of reference. 8. Section 90-572: The only significant change is that we now suggest allowing an exception, to the current 60 square -foot limit for any single building sign, for signs that face parallel to either US 441 or SR 70 on properties with frontage on either of these roadways. The rationale for this change is that large single -use buildings are usually located along arterial roadways and set well back from the street frontage to accommodate parking. Therefore these uses might expect or need larger signs (e.g., supermarkets or big -box stores). This is a new change as a result of our last meeting. 9. 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 up 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 and a permit is required. (2) Only one of the three following temporary advertising devices is allowed; inflatable wind sign, search light or spotlight, and a permit is required. (3) The combined sign area of building signs, 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 property on side streets. (4) Up to three other types of signs are allowed (e.g., portable sign, banner, or noninflatable wind sign) up to a total of 48 square feet. No permit is required. 10. Sec. 90-580, Placement Standards: Signs are required to meet the building/structure setbacks for the district in which they are located except that signs in street yards are allowed to be as close as one foot from the property line but must meet visibility triangle provisions for corner lots. This is a new change as a result of our last meeting. 11. Sec. 90-588, Signs and artwork now qualifying as murals: Artwork containing no commercial messages, and which is affixed to the wall or window by a thin coating such as wallpaper or vinyl, is not considered a sign. While it is limited to no more than 100 square feet, it is otherwise treated the same as a mural with regard to safety of location or offensive content. This is a new change as a result of our last meeting. 2 As usual, underlined text represents new language added to the current regulations and text in strike etrt format is to be deleted from the current regulations. Ifrgh`l htrn is used to identify significant changes from the regulations as they were discussed during the January 19th workshop meeting. OTHER EXPLANATORY COM ANTS Signs for which a permit is needed include ground signs, pole signs; search lights and spot lights which have limited display p gns; and inflatable wind signs, p y 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 al used on a short term basis." For this reason they are included in the overl limit on signs and temporary sign) but are frequently left 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 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 signs. 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. �o r O to �. -i+ CL O CD Cn CD fU Cp 0 CD N a ='R .-% O (U to CD it CYI SAMPLE COMMERCIAL LOT 100' by 100' Frontage on two streets Maximum allowable ermanent si na a 150 sf Signage allocation: Building signs, each tenant @ 25feet = 75 sf Pole sign 50 sf Total 125 sf PARKING AREA t 1 i I � I 1 f 1 � I I 25' ( 25' 25' I so b\ v 100 ' primary street trontage @1 sf for each If of frontage = 100 sf Maximum allowable temporary advertising devices = 3 Total square footage allowable = 48 Portable sign (1) = 16 sf Feather banners (2) = 32 sf Total 48 sf 4 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 90-567 THROUGH 90-570, SECTIONS 90-572, 90-573, 90-580, 90-588 AND 90-589 PERTAINING TO EXEMPT AND PROBHIBITED SIGNS; SIGN AREA COMPUTATION; LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS; THE REGULATION OF TEMPORARY SIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOT LIGHTS; PLACEMENT STANDARDS FOR SIGNS; AND SIGNS AND ARTWORK NOT QUALIFIYING AS MURALS; 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 a 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. 90-567. Exempt signs (no permit required). (1) Signs in Non-residential Zoning Districts (no permit required). ... (J) Signs in Commercial and Industrial Zoning Districts (no permit required). 5. Window signs affixed to the interior of windows which are visible from the exter- ior. The area of such window signs shall not be counted as part of the allowable area for building signs. 5 Sec. 90-568. Prohibited signs_ (15) Search or spot lights used to advertise or promote a business or event or to attract customers to the location, excepts b s� y err e 3vtttdds p. Sec. 90-569. Sign area computation_ (2) For building signs, except murals ��i�r, the sign area shall be the area within the smallest geometric shape that touches the outer point of raised portions of the sign, or all of the borders or trims, or in the absence of such border or trim, the outer points of the letters or pictures. Sec. 90-570. Permitted Allowable temporary signs (no permit required) (1) Any temporary sign not complying with the requirements of this section is illegal and subject to immediate removal by the City. (2) The following temporary signs are permitted without a conforms to the reauirements associated therewith. F" that the sign (a) 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 the sign: 1. does not include the price, terms or similar details. 2. 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. 3. does not exceed six square feet in area in residential districts. 4. does not exceed 32 square feet in all other districts. 5. is removed immediately after sale, lease or rental. (e b) Construction site identification signs provided that the sign: l . does not exceed 32 square feet in sign area. 2. is not displayed more than 60 days prior to the beginning of actual construc- tion of the project. 6 3. is removed within 15 days after the issuance of the final certificate of occupancy 4. 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. 5. is not located on a public right-of-way. (d c) 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: 1. 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, 2. is not displayed more than 14 days prior to the event, and 3. is removed within three days after the event. (e 4) 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 pedestrian traffic and are not displayed any time other than during the normal operating hours of the business. 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. 7 Sec. 90-572. Building Signs (1) Building signs for buildings with a single business or occupant; (a) One square foot of sign face area for each linear foot of the building width that faces the front of the lot, (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. (b c) 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. (2) Building signs for buildings with multiple businesses or occupants. (a) 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). (b) Building signs for different occupants shall be separated by a minimum distance of 36 inches. (3) Bracket signs or marquee sib. 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: (a) 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. (b) There shall be no more than 12 inches of clear space adjacent to the building wall, and such signs shall not extend or project more than 10 feet from the face of the building (c) No portion of such sign shall extend above the height of the roof. (d) 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 suns covered under Sections 90-570 and 90-572 respectively. Total number o on conditions: to (a) Ground signs and pole suns dgkg ffi�� One ground sign or pole sign is allowed in the front yard and such sign 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. (b) Seetion on Inflatable wind signs, searchlights, and spot lights r °e tti t r� urre 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, search lights, and spot lights shall be permitted only within the Commercial and Industrial Zoning Districts and only under the following conditions: Issuance of a sign permit shall be required; 2. 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, 3. No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. Other Y,,oW such as portable signs banners, and non - Not more than a total of three such 1-kn shall be allowed on a single lot or parcel and only under the following conditions - a. The total area of such ME shall not exceed 48 square feet b. The maximum size of any banner shall be sixteen square feet in area and eight feet in height (2) Total area of all signs The combined sign area of building signs 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 provertv on side streets_ in arlriitinn tb,P total a— nf' 9 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. Section. 90-588 Signs and artwork not qualifying as murals. j-'� Art forms on walls or other external building areas which are not considered murals due to their commercial content are permitted in the City of Okeechobee, but shall be consi- dered signs, and the total area of such signs shall not exceed one hundred square feet of sign face. Such signs shall be subject to all applicable Sections in this division and the provisions of Appendix F shall not apply. 10 Section. 90-589 Unsafe locations and offensive signs prohibited (1) As determined by the City Council, no sign'� contain any picture, representation, graphic or display,�othe a v erageJectocittizeneatu is 1 may yin contemporary community standards, would find that the sign, taken as a whole, appeals to the prurient interest; that the sign depicts or describes, in a patently offensive way, sexual conduct as defined in this code, and the sign lacks any serious commercial, literary, artistic, political or scientific value; and (2) No signirmay be in such proximity to the road or right-Ofway of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. 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 y of ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this dal of , 2010 y ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor 11 To: Mayor and Council Members From: Attorney Cook Subject: Sign ordinance/window signs Date: February 16, 2010 If we discuss the placement of signs in a commercial establishment on the interior of the windows, such as soft drink signs, beer signs, sale item signs, which are typically made of heavy paper or cardboard, please remember the state requirements for convenience stores: Ch. 812.173 Statute requires that there must be a clear and unobstructed view from outside the building in a normal line of sight of the cash register and sales transaction area. Following defines "convenience store", which is an establishment that primarily sells groceries, or groceries and fuel, and which is open at any time between the hours of 11 pm and 5 am. Exempted from this requirement are stores that have 5 or more employees working during the 11 pm to 5am hours; stores that area over 10,000 sq. ft; (like WalGreens); and the stores that have family members working the 11 pm to 5am shift. With these definitions, we can read into the statute that even if the store qualifies as a convenience store, the window covering requirements would not apply if the store is closed between the hours of 11 pm and 5 am (like HandyWay) Thank y j City of Okeechobee SS SE 3Td Av Okeechobee FL 34974 2932 Office of the City Administrator Brian Whitehall Ph 863- 7633372 Fax 763-1686 email: bwhitehaUcityofokeechobee com *****Memorandum***** ¢ 1916 n' Date: for Feb 16, 2010 City Council Meeting TO: Mayor & City Council FR: City Administrator RE: Sign Ordinance — latest amendments 1. (Sectn 567) Covering the windows (inside or out (sticky -back)) is allowed without a permit and without limitation, subject to statutory regs. (Is this appropriate?) 2. (Sec 569) Art work, Non-commercial (not murals) have a 100sq ft limit, but commercial artwork (Sec 588) is considered a `building sign' but is limited to 100 sq ft max (but limited to the bldg width)... all art work will not distract drivers Temporary signs (#3 - #6 below) (no permit required): 3. (Sec 570) Signs indicating `for lease', `for sale', `for rent' have size/time limits but generally are not counted in the `sign count' restriction. 4. (Sec 570) Construction signs have limits (size, time) but no sign count restriction. (Is this appropriate?) 5. (Sec 570) Signs for events (fairs/festivals-public function — to be located on the same lot as the event or have written consent for off premises ... no sign count limit. 6. (Sec 570) In the CBD (downtown) portable signs on sidewalk are ok during business hours ... no sign count limitation. (Appropriate?) 7. (Sec 571) Monument signs —same as before (a monument sign is a ground sign and requires a building permit) T Sign Ord — latest amendments (Cont'd) Pg 2 of 2 8. Sian size limits for: A. Building -type Sims (attached to a building and requires a building ernit) (Sec 572): For a single business building — 1 sq ft for each lin ft of bldg front, max sign - 60sq ft (on any one side) except those facing 70 & 441 and they are only limited by the linear ft of the building. - For multi - businesses in building — 1 sq ft for ea lin ft of the unit, limited to 48sq ft per sign. - One bracket sign in lieu of the above bldg sign, but same general rules on sizing B. Ground & pole type (req a biding -permit) (Sec 573 (1 a): - Not to exceed 50 sq' nor 20' high, nor closer than 25' to residential (Monument signs-64sq ft max, 8' in height) *Sec 573 (2) - Combined size limit for all building permit signage including building/pole/ground (A & B above) 1 sq ft for each linear ft of the property plus 1 sq ft for ea 2 linear ft of the side street. C. Banners/portables/noninflatable types (573 (1c): - 16 sq feet apiece and 48sq feet all banners total 9. Sign number limits (Sec 573) — a total of 5 signs (excluding the Bldg -type and temp signs mentioned above) made up as follows: - Building signs — no limit (building permit) - Temporary signs — no limit (no permit) - 1 — pole or ground sign (building permit) - 1 — wind/search light/spot light type sign in a Commercial or Indus for 14 days twice a year (our internal temporary permit) - 3 max — banners/port sign/noninflatable wind ... up to 48sq' (Again, a business can theoretically have 5 signs (plus the building signs plus the other temp signs described above) of which 3 can be unpermitted banners with the total all banners/port signs/noninflat limited to 48 sq ft.) 10. (Sectn 580) Setbacks - We are allowing a 1' setback for signs along a street ROW but there remains an applicable side setback (i.e. 8' unless adjacent to residential then it's 20') Page 2 The Updates! from the City Administrator's Desk SS SE 3rd Av., Okeechobee, FL 34974 47916°° City Hall — 763 3372 City Council meeting of February 16, 2010 • Mayor Kirk will not be at the meeting. • DOT and CSX crossing — Expect March 26th start date for repair on the crossing, lasting approx a week. Expect NW 6th St approx 3-day repair of crossing starting February 12th. • Sign/banner ordinance — On the Agenda is the memo and Ordinance, which has been copied and attached as an exhibit. Have set up a meeting with Code Enf. Fred Sterling about conflictive or enforcement issues which will be itemized and sent to you asap. Again, there may be some misunderstanding about the side setback. Our current sign side setback is eight (8) feet and Bill Brisson has addressed it in Sec'tn 90-580 (4). • CDBG application — Nancy Phillips is on the Agenda to discuss our grant possibilities. You may recall, last year we were unsuccessful in securing a Housing rehab grant. Now the 2009 (Yes, it's still the 2009 round) is upon us and I expect Nancy Phillips to appear at the 2/16/10 meeting to help direct the City in a new grant application. The categories for a CDBG incl: u Housing Rehabilitation (unsuccessful last year) a Neighborhood Revitalization a Commercial Revitalization (City secured for Commerce Park) a Economic Development (City secured this grant for downtown) Attached find the notice that was published that adds more clarity. • Chamber of Commerce —Chamber indicated they anticipate approaching the Council at some point in the future to discuss the matter. • 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. In a cost savings effort we've been trying to determine what our Public Works Dept might be able to accomplish, i.e. demolition and removal. • EOC building and impact fees abatement request — the County was extended a 50% discount on their building permit fees ... orig BP fees - $40,617.90 / 2 = $20,308.90, plus impact fees (not reduced) of $10,099.15. • Animal Control Intedocal 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) • EOC groundbreaking was 2/11/10 and attached is the floor plan for the approx $3.5 million dollar facility, partially funded by an approx $1.8m grant. Page 1 2116110 Activity report cont'd • Joint meeting w/ County & QUA — Sent an email copied here: John(Hayford)- Thanks for your efforts, but just for clarification, the purpose of the meeting would be to explore the same thing that was, prior hereto, anticipated for the workshop. The parties you mentioned are not being saddled with any agenda preparation nor setting a time/format for an eventual workshop. Those parties will constitute the workshop attendees and that's what I explained to each of your Board members yesterday.... after I spoke to you ... after your Board meeting. Of course I haven't had time to brief you on the OUA Board members' thoughts and I haven't had time to coordinate anything with the Mayor or advise any of the City Council members, let alone speaking to the County. Lyndon(Bonner)- Did I hear correctly that you were ill ... went to the hospital? Gosh, hope it's allokwithyou. I know you have a Board meeting coming up and figured we'd have a chance to further discuss the matter so I appreciate John reducing this to writing here. Last fall I started mentioning to the City Council about meeting with the Commissioners ... post EMS imposition... to have a 'summit' of some kind to show solidarity (I know that sounds idealistic). Something like an economic summit to discuss things of mutual interest AND mutual agreement. I'd still like to see something like that for both entities' benefit. When you, John and I met I gathered that the 'idealistic' meeting I had in mind wasn't exactly where we were headed. Don't get me wrong, we all want a substantive meeting. So, how do we get there? The concept of having the scenario as John explained below seems plausible... and more importantly productive. Let me know what y'all think. As a follow-up - Have spoken w/ Mayor Kirk and he is agreeable to meeting w/ the other reps as suggested. Spoke with Robbie Chartier and she has shared the email w/ Commissioner Betts. 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. Finance: • Investments and Investment Policy — The minimal interest return the City has received over the last year has prompted us to evaluate other investment vehicles inside the utmost safety. We've done some research and currently India Page 2 2116110 Activity report cont'd Fire: is investigating 'Repurchase Agreements' guaranteed by the full faith and credit of the US Government as proposed by our pension's finance company, Salem Trust. I've reviewed the City's existing practice of investing in Qualified Public Depositories (QPDs) which offer a cpl of layers of safety above the normal $250k FDIC and wherein banks are `ranked' predicated on their balance sheet as to what ratio of collateral is required for our investments. As I indicated, Governmental institutions are therefore unable to gain even market rate on investments due to the stringency. Again, this all plays into an inevitable Investment Policy that we will seek your approval thereon. Finance Director position — at one time or another I have probably visited with each of you about moving Accounts Supervisor, India Riedel, to a position more suitable to her job duty and more challenging to fit her disposition. I've been working on a job duty based on other communities and will share it as soon as complete. Nuisance property at 909 N Parrott (Dupper Property) — The Feb 5th 'burn down' was uneventfully successful. Chiefs pickup was delivered General Services: • Gen Services Coordinator Betty Clement is recuperating well from surgery • Comp Plan Evaluation and Appraisal Report (EAR) — that we examined on 1113109, was sent to DCA for approval. We had the 1/21/10 scoping meeting and LaRue's office will be producing a 'findings' to be sent to DCA (and the Council). There was nothing too substantive from the meeting. • 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. Have spoken to Gary Ritter and there's reason for optimism as he indicated SFWMD appears poised to partially relent on their position. I've attached an excerpt from the SFWMD Water Use Application permitting booklet. Underlined is the exasperating comment that SFWMD seems a little bent on complying with..."and to ensure that water necessary for the Everglades restoration is not allocated for consumptive use"....translation — When/if we ever get going on the restoration project, water use for that trumps any human useM (sorry for the editorial) As for the rest of DCA's concerns, population trends and the like, well fix those and wait on OUA to address what they need to. Page 3 2116110 Activity report cont'd Police: • Squad cars — All but one of the new vehicles (some kind of a key configuration glitch in one of the deliverables) have been delivered, old ones prepped and have been consummating the sale to the other agencies. Public Works: • Curb around medians on SW 5th Av — Notice to proceed sent to Vest Concrete, for the 2000 If, $13,000± project. Still waiting on appropriate docs. • Street Asphalt program bids — Oscar, Donnie and I spent some time last week on site in the alleys south of SW Park Street to contemplate improvements ... working on a plan. The City budgeted $300k for the project and we are hopeful it will come in at $250k-$260k. • Stimulus funded sidewalk program — Rec'd confirmation that the contractor was suppose to have started the installation by now, but has been delayed...DOT indicated they will advise when a pre -construction conference is scheduled. • Side arm mower -tractor purchase — Have set a bid opening date of March 4th for the 20' arm estimated at $60k-$90k. After further study, we simply removed the 24' alternate due to expense and potential lack of use. End... Page 4 MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 February 1, 2010 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: 2008 CDBG Grant Project The City of Okeechobee is considering submitting an application for funding through the FY 2009 Community Development Block Grant (CDBG) program. The deadline has not yet been announced. The CDBG program is extremely competitive statewide with fewer dollars to award this year. In order for the City to remain competitive, it is important to structure a project that the City feels could be funded. There are four (4) categories of Xhe CDBG program: Housing Rehabilitation — Program corrects code violations in substandard housing owned and occupied by low -to -moderate income eligible residents of the City. 2. Neighborhood Revitalization — Program is used to install public infrastructure improvements (water/sewer) in low -to -moderate income neighborhoods of the City. Commercial Revitalization — Program is used to provide infrastructure improvements in the Commercial Redevelopment Area (CRA) of the City. Also under this program, fagade improvements can be made to businesses located in the CRA. �� .Economic Development —Program is based on job creation by a private business entity. Normal activities are the construction of public infrastructure required to create the jobs. Examples are water/sewer line extension, roadway improvements, etc. I will be present at the February 16t' City Council meeting to further discuss the various project areas and answer any questions you might have. /nsp FIRST PUBLIC HEARING NOTICE The City of Okeechobee will be conducting a Public Hearing for the FY 2009 Community Development Block Grant (CDBG) grant program. The City is eligible to receipt up to $700,000 from the Florida Small Cities CDBG program administered by the Florida Department of Community Affairs. The FY 2009 CDBG funds will be used for one of the following purposes: 1. To benefit low and moderate income persons; or 2. To aid in the prevention or elimination of slums or blight; or 3. To meet other community development needs of recent origin having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs. The categories of activities for which the FY 2009 funds may be used are in the areas of housing, neighborhood revitalization, commercial revitalization, or economic development and include such improvement activities as acquisition of real property, loans to private -for -profit business, purchase of machinery and equipment, construction of infrastructure, rehabilitation of houses and commercial buildings, and energy conservation. Additional information regarding the range of activities that may be undertaken will be provided at the public hearing. For each activity that is proposed, at least 70% of the funds must benefit low and moderate income persons. In developing an application for submission to DCA, the City must plan to minimize displacement of persons as a result of planned CDBG activities. In addition, the City is required to develop a plan to assist displaced persons. The public hearing to receive citizen views concerning the community's economic and community development needs will be at the City Council meeting held in the City of Okeechobee Council Chambers on Tuesday, February 16, 2010 at 6:00 p.m. The meeting will be held at the Okeechobee City Hall, 55 S.E. 3rd Avenue, Okeechobee. For information concerning the public hearing, contact the City Administrator's Office or telephone 863-763-3372. The public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired should contact the City Administrator's Office at least five calendar days prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should contact the City Administrator's Office at least five calendar days prior to the meeting and a language interpreter will be provided. To access a Telecommunication Device for Deaf Persons (TDD) please call 1-800-955-8771. Any handicapped person requiring special accommodation at this meeting should contact the City Administrator's Office at least five calendar days prior to the meeting. 911 / Emergency uperarions L enter Okeechobee County, Florida This joint -use facility is designed to accommodate the communications section of the Okeechobee County Sheriffs Office and the operations of Okeechobee Emergency Management. The structure is approximately 12,500 square feet and is designed to withstand a Category 5 Hurricane. It incorporates redundant critical systems in order to ensure facility survivability and the continuity of operational capabilitites. The project was funded, in part, by a State Grant for Emergency Operations Centers, with construction to be completed in 2011. It is designed to be one of the "new generation" of Emergency Operations Centers, which are co -located with other important county services. Okeechobee County has been subject to several Hurricanes which were considered events of significance, and suffered severe disruption of services to the community. This facility will help speed the response and recovery process following any disaster. The Sheriffs 911 Communications Center is designed to accommodate current and future needs, while meeting APCD criteria. FIRST FLOOR PLAN 1. Public Access & Lobby ?.Incident Command Center 3. Break-out Rooms 4. Press Room 5. Emergency Management Administration 6. Food Service 7. Dormitories 8. Emergency Generators 9. Sheriff's Office: Communications Effective: 7/2/2009 Rules of the South Florida Water Management District Basis of Review for Water Use Applications within the South Florida Water Management District Effective: July 2, 2009 BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS JULY 2009 (G) The following restrictions shall apply when allocating surface water derived from the Lake Okeechobee Waterbody for consumptive use within the Lake Okeechobee Basin as defined in Section 1.7.3. This rule is a component of the recovery strategy for minimum flows and levels for Lake Okeechobee, as set forth in Chapter 40E-8, F.A.C., to address lower lake management levels and storage under the U. S. Army Corps of Engineers' interim Lake Okeechobee Regulation Schedule (LORS), adopted to protect the public health and safety (April 28, 2008). Compliance with this rule along with the other criteria contained in the Basis of Review implements the objectives of the District to protect the public health and safety, to prevent interference among legal users of Lake water, to be consistent with the MFL recovery strategy as defined in Rule 40E-8.421, F.A.C., and to ensure that water nec a for Ev r lades restoration is n I o d for consumptive use. (1) The rule applies to applications for new projects, existing unpermitted projects, modifications to existing projects, and permit renewals for existing projects located within the Lake Okeechobee Basin as described in Section 1.7.3, that propose to use surface water from the "Lake Okeechobee Waterbody," defined as: (a) Lake Okeechobee as identified in Rule 40E-8.021(12); or (b) Integrated conveyance systems that are hydraulically connected to and receive water from Lake Okeechobee such as the Caloosahatchee River, the St Lucie Canal, or secondary canal systems that receive Lake Okeechobee water for water supply purposes via gravity flow or by pump. This section does not apply to groundwater withdrawals such as withdrawals from wells, mining, and dewatering, or to projects that request to use a volume of water from the Lake Okeechobee Waterbody at or below the threshold contained in Subsection 40E-20.302(1)(a). (2) Except as otherwise provided in this section, an applicant must demonstrate the requested allocation will not cause a net increase in the volume of surface water withdrawn from the Lake Okeechobee Waterbody over the entire "base condition water use" as defined in subsections (a) through (d), below. In determining the base condition water use, pursuant to subsections (a) through (d) below, the District shall consider and allow adjustments if the applicant demonstrates that such use is not representative of normal operations due to unanticipated conditions affecting the actual quantity of water withdrawn, such as extreme climatic conditions or equipment failure. (a) Public Water Supply Use Class: the maximum quantity of water withdrawn by the applicant from the Lake Okeechobee Waterbody during any consecutive twelve month period between April 1, 2001 and January 1, 2008, consistent with the conditions of the existing permit. If a permit allocation existing on January 1, 2008 contains an allocation based on a conversion of a water treatment system, the base condition water use shall be increased to account for treatment losses of the new treatment plant as if the treatment system was operational during the above stated time interval; WU BOR -77