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2010-03-16AGENDA 1. CALL TO ORDER - Mayor: March 16, 2010, City Council Regular Meeting, 6.00 p.m. 11. OPENING CEREMONIES: CITY OF OKEECHOBEE MARCH 16, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the March 16, 2010 Regular City Council Meeting to order at 6:00 p.m. PAGE 1 of 8 Invocation given by Pastor James Dawson, First United Methodist Church; The invocation was offered by Pastor James Dawson, of the First United Methodist Church; Members of Boy Scout Pledge of Allegiance led by Mayor. Troop 964 were in attendance working toward a merit badge, Mayor Kirk recognized them to lead the Pledge of Allegiance. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Cie& 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2010 as "Water Conservation Month." City Clerk Gamiotea called the roll. - Present Present Present Present Present Present Present Present Present Present Absent Present Mayor Kirk proclaimed the month of April 2010 as "Water Conservation Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water, and WHEREAS, the State of Florida, togetherwith local partners, are investing billions of dollars to develop alternative watersupplies, clean MARCH 16, 2010 - REGULAR MEETING - PAGE 2 OF 8 419 AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of April 2010 as "Water Conservation Month" continued. B. Proclaim the month of April 2010 as "Sexual Assault Awareness Month." C. PROCLAMATION ADDED: Proclaim the month of April 2010 as "Motorcycle Safety Awareness Month." COUNCIL ACTION - DISCUSSION - VOTE (Continued from page 1) up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment, and WHEREAS, the South Florida Water Management Dist** in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities, and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. NOW THEREFORE,►, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2010 as WATER CONSERVATION MONTH in the City of Okeechobee." Mr. Gary Ritter of South Florida Water Management was present to receive the proclamation. He thanked the City for their ongoing support. Mayor Kirk proclaimed the month of April 2010 as "Sexual Assault Awareness Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post -traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating fornot only the survivor, but also for the family and friends of the survivor, and WHEREAS, no one person, organization, agency or community can eliminate sexual assault on theirown, but we can work together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to loam more about preventing sexual violence. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Sexual Assault Awareness Month"in the City of Okeechobee." The City Clerk will forward the proclamation to the appropriate persons. Mayor Kirk proclaimed the month of April 2010 as "Sexual Assault Awareness Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and, emotional costs, sexual assault may also have associated consequences of post -traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of to survivor, and WHEREAS, no one person, organization, agency orcommunity can eliminate sexual assault on their own, but we can work 420 MARCH 16, 2010 - REGULAR MEETING - PAGE 3 OF 8 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. C. Proclaim the month of April 2010 as "Motorcycle Safety Awareness (Continued from page 2) together to educate our entire population about what can be done to prevent sexual Month" continued. assau/4 support victim/survivors and their significant others, and increase support for agencies providing services to vicilm/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to loam more about preventing sexual violence. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Sexual Assault Awareness Month" in the City of Okeechobee." The City Clerk will forward the proclamation to the appropriate persons. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of III Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the March 2, 2010 Regular Meeting - City Clerk. March 2, 2010 Regular Meeting; 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. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2010 Warrant Register. Council Member Watford moved to approve the February 2010 Warrant Register in the amounts: Capital Improvement Projects Fund, four hundred twenty-five thousand, one hundred sixty and sixty-eight cents ($425,160.68); General Capital Improvement Projects Fund ............... $425,160.68 Fund, three hundred sixty thousand, seven hundred seventy-four and seventy-three cents; ($360,774.73); Public General Fund ................................ $360,774.73 Facilities Improvement Fund, twelve thousand, five hundred sixteen and ten cents ($12,516.10), seconded by Council Public Facilities Improvement Fund ............... $ 12,516.10 11 Member Markham. There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VII. AGENDA - Mayor.. 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. There were none. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 PM. MARCH 16, 2010 - REGULAR MEETING - PAGE 4 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A.1. a) Motion to read by title only, proposed Ordinance No. 1057 regarding Council Member Watford moved to read by title only, proposed Ordinance No. 1057 regarding Application No.10-001- Application No. 10-001-SSA, submitted by property owner Shirley SSA, submitted by property owner, Shirley Baker, regarding 0.162 acres located at 200 Southeast 3`d Street, Lot 6 Baker, for a small-scale amendment to the Future Land Use Map of of Block 208, First Addition to Okeechobee, from SF to C; seconded by Council Member Williams. the City's Comprehensive Plan from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1057 by title only. Attorney Cook read proposed Ordinance No. 1057 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THECITYOFOKEECHOBEECOMPREHENSIVEPLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLYDESCRIBEDHEREINFROMSINGLEFAMILYTOCOMMERCIAL; PROVIDING FORINCLUSION OFORDINANCEANDREVISEDFUTURELANDUSEMAPINTHECOMPREHENSIVEPLAN, PROVID►NGFORAN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 1057. 111 Council Member Markham moved to adopt Ordinance No. 1057; seconded by Council Member Williams. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. b) Public comments and discussion. Planning Consultant, Bill Brisson presented the application to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their February 18, 2010 meeting. The Comprehensive Plan Analysis of the application by the Planning Staff is as follows: (A) The Commercial classification is consistent with the general pattern of commercial expansion evident in the area within two blocks of Parrott Avenue. Considering the pattern of prior approvals involving other lands similarly situated, Planning Staff believes the application is consistent with the Comprehensive Plan and Policies. (B) The applicant did not submit information regarding projected demand for public facilities. However, nearby commercial and multi -family developments are served by the Okeechobee Utility Authority (OUA). Given the limited size of the parcel and the likely intensity of potential commercial development, Planning Staff believes that the OUA has sufficient capacity to accommodate the water and wastewater needs associated with development of this property. 4'2 1 422 MARCH 16, 2010 - REGULAR MEETING - PAGE 5 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public comments and discussion continued. Similarly, commercial development at this location is not expected to generate a level of traffic that could be expected to cause traffic congestion or adversely affect levels of service. The applicant noted that patients will not be visiting this office. (C) The request seems compatible with adjacent and nearby land uses. The existing uses to the North, South and West are residences with Zoning Districts of Residential Multiple Family for the North and West and Residential Single Family to the South. To the East is a multi -family residence with the same zoning district. To the Southwest is a vehicle sales lot with a Heavy Commercial zoning district. The applicant envisions converting the existing single-family residence located at 200 Southeast 3`d Street, on Lot 6 of Block 208, First Addition to City of Okeechobee Subdivision, to a Home Health Care Nurse Registry Office. Mr. Brisson remarked that Staff is suggesting to the applicant, for the rezoning process of this property, to change the zoning classification to Commercial Professional Office. Council was pleased with this recommendation. c) Vote on motion. VOTE KIRK - YEA MAR HAM -YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:18 PM. IX. NEW BUSINESS. A. Discussion regarding Florida Heartland Rural Economic Development Ms. Lynn Topel, Executive Director for Florida's Heartland Rural Economic Development Initiative (FHREDI), Initiative (FHREDI) presentation of grant application forthe broadband distributed a power point handout for review. She is asking for a Letter of Support from the City. FHREDI in project and request of support - Louise England, Special Projects cooperation with Opportunity Florida, and fifteen rural disadvantaged Florida counties, in the Northwest Florida Rural Manager (Exhibit 2). Area of Critical Economic Concern and the South Central Rural Area of Critical Economic Concern is submitting a grant application for Round Two of funding under the Comprehensive Community Infrastructure category of the 2009 American Recovery and Re -investment Act, National Telecommunications and Information Administration's Broadband Technology Opportunity Program, and have joined together to create the Florida Rural Broadband Alliance, LLC (FRBA). They have hired a firm, Government Services from Tallahassee, to oversee the network, manage contracts and procure service providers. Each County and City is suggested to appoint a member to the board. They are combining the application with numerous counties to provide strength in numbers to deliver high -capacity network for use by both public and private entities. MARCH 16, 2010 - REGULAR MEETING - PAGE 6 OF 8 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED. A. Discussion regarding Florida Heartland Rural Economic Development The FRBA will provide a robust advanced broadband infrastructure, will advance community efforts in healthcare, Initiative (FHREDI) presentation of grant application for the broadband education public safety, emergency management, disaster preparedness, alternative energy, and research through project and request of support continued. high speed broadband access. It will create local jobs by keeping support services within the community and generating jobs for designers and builders of broadband networks, manufacturers of broadband -enabled equipment and devices, developers of software and other applications and creators of content of all kinds. Allow for cost savings through local ownership of a high performance network where community shareholders can freely improve network performance and capacity according to demand and foster continued growth and long-term cost efficiencies. Promote community collaboration and efficiency through cost and resource sharing, improved face to face and virtual communication, redundant infrastructure that ensures exchange of essential information and integrated, innovative and accessible services across departments freeing staff to focus on providing better service to citizens. The consensus of the Council was to authorize the Mayor or Administrator to sign the Letter of Support. Administrator Whitehall presented a signed Letter of Support to Ms. Topel at the meeting. B. Motion to rescind Resolution No. 09-07 regarding withdrawal of Council Member Watford moved to rescind the adoption of Resolution No. 09-07 regarding withdrawal of membership membership from Public Risk Management of Florida Property from Public Risk Management of Florida Property Casualty Pool; seconded by Council Member Markham. Casualty Pool - City Administrator (Exhibit 3). 11 Administrator Whitehall explained that the City adopted Resolution 09-07, March 17, 2009 to be withdrawn from the Public Risk Management (PRM) of Florida Property Casualty Pool. At the time, PRM was going through a transition period, and premium rates were expected to increase. A representative from PRM addressed the Council at the March 2, 2010 meeting, and informed them that PRM has a dedicated work team to keep up with the Market Flexibility and to negotiate for Competitive Pricing. With the company's stability they have secured all "A" rated carriers; added two new Executive Board Members; enhanced the core of operations with experienced insurance professionals; opened up the program to the entire State; and has a Preferred versus Standard membership. Due to finding the most competitive prices and broadest coverage, the City experienced a 31 percent reduction last year and will not receive a premium increase this year. The premium will remain the same. In order to continue as a preferred member the City will have to rescind the withdrawal. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 423 424 MARCH 16, 2010 - REGULAR MEETING - PAGE 7 OF 8 AGENDA IX. NEW BUSINESS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE C.1. a) Motion to read by title only and set April 6, 2010 as a final reading for Council Member Watford moved to read by title only, and set April 6, 2010 as a final public hearing date for proposed proposed Ordinance No. 1058 regarding Sign Regulations - City Ordinance No. 1058 regarding Sign Regulations; seconded by Council Member Williams. Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1058 by title only. Attorney Cook read proposed Ordinance No. 1058 by title only as follows: "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, 90-583, 90-588 AND 90-589 PERTAINING TO EXEMPT AND PROHIBITED SIGNS; SIGN AREA COMPUTATION, LIMITATIONS ON THE LOCATION, TYPE, NUMBER, AREA, AND HEIGHT OF SIGNS; THE REGULATION OF TEMPORARYSIGNS INCLUDING BANNERS, PORTABLE SIGNS, WIND SIGNS, SEARCH LIGHTS AND SPOTLIGHTS, PLACEMENT STANDARDS FOR SIGNS; NONCONFORMING SIGNS, AND SIGNS AND ARTWORK NOT QUALIFYING AS MURALS, PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 1058. III Council Member Markham moved to approve the first reading of proposed Ordinance No. 1058; seconded by Council Member O'Connor. b) Discussion. Mr. Brisson, noted that after reviewing the proposed ordinance, he left out information regarding single and multiple III occupancy signs. The changes will reflect Section 90-573 as follows: a. On lots with one single occupancy building; not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions. On lots with multiple buildings or a multiple occupancy building, one portable sign, banner, or non -inflatable wind sign is allowed for each unit within the building(s) and such sign, banner, or non -inflatable wind sign shall not exceed sixteen square feet in area or eight feet in height. Council Member Watford moved to amend Ordinance No. 1058 to reflect changes to Section 90.573(3) a and b for single and multiple occupancy signs as noted above; seconded by Council Member Markham. MARCH 16, 2010 - REGULAR MEETING - PAGE 8 OF 8 425 1 AGENDA IX. NEW BUSINESS CONTINUED. c) Vote on motion. X. ADJOURN MEETING - MAYOR. PLEASE TAKE NOTICE AND BE ADVISED THAT WHEN A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HEISHE 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: -Xavc) WL LANE AMIOTEA, C AC, CITY CLERK (: � , 0, -1-, G �-z JAMES E. KIRK, MAYOR COUNCIL ACTION - DISCUSSION - VOTE VOTE ON MOTION TO AMEND KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION TO AMEND CARRIED. VOTE ON MOTION AS AMENDED KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION AS AMENDED CARRIED. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRK ADJOURNED THE MEETING AT 6:50 P.M. THE NEXT MEETING WILL BE APRIL 6, 2010 AT 6:00 P.M. CITY OF OKEECHOBEE -March 1 A , 2010�?EGULAR CITY COUNCIL MEETING 17 HANDWRITTEN MINUTES BY J) (TU I. CALL TO ORDER - Mayor: 11-- Mayor Kirk called the March 16, 2010 Regular City Council Meeting to order at tD P.M. II. OPENING CEREMONIES: j &cccf Temp The invocation was offered by Pastor James Dawson, First United Methodist Church; Fol wed by -le Pledge of Allegiance led by Mayor Kirk. Ill. MAYOR, COUNCIL MEMBERS, 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 Davi-svDw, Present Fire Chief Herb Smith - wbSk_ 0-W61611 Public Works Director Donnie Robertson Present IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the month of April 2010 as "Water Conservation Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking waterfacilides and improve wastewater treatment; and WHEREAS, the South Florida Water Management Distric4 in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious waterresources. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2010 as WATER CONSERVATION MONTH in the City of Okeechobee. Mr. Gar Ritter of SFWM was present to receive the proclamation. 6ypAr«�'e Styyxo , NO wc,(Zv� (cf OW Upc c ti'a au,)i�7U51a��di BMayor Kirk proclaimed L to t ez c 0�a�e month of April 2010 as "Sexual Assault Awareness Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post -traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of to survivor; and WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own, but we can work together to educate our entire population about what can be done to prevent sexual assaul4 support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Sexual AssaultAwareness Month" in the City of Okeechobee. The City Clerk will forward the proclamation to the appropriate personsx ula VtCO , Page 1 of 5 C. Mayor Kirk proclaimed the month of April 2010 as "Motorcycle Safety Awareness Month." The following proclamation was read in its entirety for the record as follows: WHEREAS, motorcycles are increasingly used as a regular means of transportation; and WHEREAS, the motorcycle is an energy -efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle is an important form of transportation for commuting, touring and recreation; and WHEREAS, with motorcycle ownership in Florida exceeding 750,000 registered motorcycles, the Govemorof the State of Florida has traditionally named April as "Motorcycle SafetyAwareness Month"; and WHEREAS, states and motorcycle organizations across the country will be conducting a variety of activities to promote the importance of motorist awareness and safely sharing the road with motorcyclists; and WHEREAS, locally, ABATE of Florida, Inc., is highly involved in motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety Awareness Program" to educate the non -riding public how to safely share the road with motorcycles; and WHEREAS, ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists. Using theirmottos of "American Bikers Aiming Towards Education"; and WHEREAS, the City of Okeechobee wishes to join in this public safety campaign in an effort to ensure the safety and well-being of its citizens. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Motorcycle Safety Awareness Month" and urge all citizens to be more aware of motorcycles on our roads and highways and for all motorcyclists to take advantage of motorcycle safety programs throughout the year. The City Clerk will forward the proclamation to the appropriate persons. ucQ rvuAl . V. MINUTES - City Clerk. A. Council Member 00 moved to dispense with the reading and approve the Summary of Council Action for the March 2, 2010 Regular Meeting; seconded by ,Mfn . There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA OTIOR'CARR"_ VI. WARRANT REGISTER - City Administrator A. Council Member moved to approve the February 2010 Warrant Register in the amounts: Capital Improvement Projects Fund ebc�, four hundred twenty- five thousand, one hundred sixty and sixty-eight cents ($425,160.68); General Fund, three hundred sixty thousand, seven hundred seventy-four and seventy-three cents; ($360,774.73); Public Facilities Improvement Fund, tw Ive thousand, five hundred sixteen and ten cents ($12,516.10), seconded by Council Member �There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O_'CONW*-!! Y_EA WATFORD - YEA WILLIAMS - YEA C MOTION._CAR-R._ie6_,. VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? Item IV. C. was added. VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT iDID PM A.1. a) Council Member �� moved to read by title only, proposed Ordinance No. 1057 regarding Application No. 10-001-SSA, submitted by property owner, Shirley Baker, regarding 0.162 acres located at 200 Southeast 3`d Stree Lot 6 of Block 208, First Addition to Okeechobee, from SF to C; seconded by Council Member b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA YEA WATFORD - YEA WILLIAMS - YEA TION CARRI Page 2 of 5 c) Attorney Cook read proposed Ordinance No.1057 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OFLAND MOREPARTICULARLYDESCRIBED HEREINFROMSINGLEFAMILY TO COMMERCIAL; PROVIDING FOR INCLUSION OFORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member moved to adopt Ordinance No. 1057; seconded by Council Member b) Public comments and discussion. Planning Consultant, Bill Brisson presented the application to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their February 18, 2010 meeting. The Comprehensive Plan Analysis of the application by the Planning Staff is as follows: (A) The Commercial classification is consistent with the general pattern of commercial expansion evident in the area within two blocks of Parrott Avenue. Considering the pattern of prior approvals involving other lands similarly situated, Planning Staff believes the application is consistent with the Comprehensive Plan and Policies. (B) The applicant did not submit information regarding projected demand for public facilities. However, nearby commercial and multi -family developments are served by the Okeechobee Utility Authority (OUA). Given the limited size of the parcel and the likely intensity of potential commercial development, Planning Staff believes that the OUA has sufficient capacity to accommodate the water and wastewater needs associated with development of this property. Similarly, commercial development at this location is not expected to generate a level of traffic that could be expected to cause traffic congestion or adversely affect levels of service. The applicant noted that patients will not be visiting this office. (C) The request seems compatible with adjacent and nearby land uses. The existing uses to the North, South and West are residences with Zoning Districts of Residential Multiple Family for the North and West and Residential Single Family to the South. To the East is a multi -family residence with the same zoning district. To the Southwest is a vehicle sales lot with a Heavy Commercial zoning district. The applicant envisions converting the existing single-family residence on Lot 6 of Block 208, First Addition to City of Okeechobee Subdivision, to a Home Health Care Nurse Registry Office. pi V cvbtL -k v l�u,1 ,/ Iu P (u&c Q u- C + V l 6- �x J Q1tA� Fj X l 15 ri a/& uv- Ct�C �7t Q u i� 2c1� c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA �MOTIZCARRE6. AWATFORD - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT (o, I V PM. Page 3 of 5 IX. NEW BUSINESS. A. Discussion regarding Florida Heartland Rural Economic Development Initiative (FHREDI) presentation of grant application for the broadband project and request of support - Louise England, Special Projects Manager (Exhibit 2). �cv- lZyu"LUy C-etn,.,� eT 4awL4to authorize% to sign.a Letter f�� Support; 9 C *hwvuL� wq CWt Qate_a- o a q c � roc toe 4J\ cow c-L54 a . U G� so-vCCa CQ,- . o, t` 1 uo- u, b -CCsla ' f� ntax� , fizz , u�� C'-) Ana l6ja (�4 u �a C��,�£ �` I'u�,-,LLO VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Council Member 1 cAj moved to rescind Resolution No. 09-07 regarding withdrawal of membership �from Public Risk Management of Florida Property Casualty Pool; seconded by Council Member (& U- (Exhibit 3). VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - _YEA WATFORD - YEA WILLIAMS - YEA OTIOw7c'! 1�D. Page 4 of 5 C.1. a) Council Member ) moved to read by title only, and set April 6, 2010 as a final public hearing date fo proposed Ordinance No. 1058 regarding Sign Regulations; seconded by Council Member ( d) (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA O'C ALE WATFORD - YEA WILLIAMS - YEA ION CARRIED. c) Attorney Cook read proposed Ordinance No. 1058 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, ORDINANCE NO. 716, DIVISION 5 THEREOF, INCLUDING SECTIONS W567 THROUGH 90-570, SECTIONS 90-572, 90-573, 90-580, 90-583, 90-588 AND 90- 589 PERTAINING TO EXEMPT AND PROHIBITED 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; NONCONFORMING SIGNS; L CTS AND SEVERABILITY, PROVIDING FOUR AN FFECTIVE DATE. ALIFYING AS MURALS; PROVIDING FOR CONFLICTS E." 2. a) Council Member clm moved to approve the first reading of proposed Ordinance No. 1058; seconded by Council Member M b) Discussion. zca qz�CCIp C'►`� c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA O' ONNOR - YEA WATFORD - YEA WILLIAMS - YEA ION CA X. THE MEETING WAS ADJOURNED AT • PM. Page 5 of 5 CITY OF OKEECHOBEE - March"6,0 -REGULAR CITY COUNCIL MEETING HANDWRITTEN MINUTES BY I. CALL TO ORDER - Mayor: / Mayor Kirk called the March 16, 2010 Regular City Council Meeting to order at C�°' �' p.m. II. OPENING CEREMONIES: The invocation was offered by Pastor James Dawson, First United Methodist Church; Followed by the Pledge of Allegiance led by MayoOft.S III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. City Clerk Gamiotea called the roll: Mayor James E. Kirk Present 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 Present Present Present Present Present Present Present Present ppP�r�esentt �J Present IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Mayor Kirk proclaimed the month of April 2010 as "Water Conservation Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, Florida'snaturalbeauty, crystal blue waters and white sand beaches attract residents and visitors from around the world, and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons perdayoffresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking waterfacilides and improve wastewater treatment, and WHEREAS, the South Florida WaterManagementDish* in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious waterresources. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2010 as WATER CONSERVATION MONTH in the City of Okeechobee. Mr. Gary Ritter of SFWM was present to receive the proclamation.�« B Mayor Kirk proclaimed the month of April 2010 as "Sexual Assault Awareness Month." The following proclamation was read in its entirety for the record as follows: "WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post -traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of,,survivor and --� WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own, but we can work together to educate our entire population about what can be done to prevent sexual assaul4 support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "SexualAssaultAwareness Month"in the Cifyof Okeechobee. The City Clerk will forward the proclamation to the appropriate persons. Page 1 of 5 C. Mayor Kirk proclaimed the month of April 2010 as "Motorcycle Safety Awareness Month." The following proclamation was read in its entirety for the record as follows: WHEREAS, motorcycles are increasingly used as a regular means of transportation; and WHEREAS, the motorcycle is an energy -efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle is an important form of transportation for commuting, touring and recreation; and WHEREAS, with motorcycle ownership in Florida exceeding 750,000registered motorcycles, the Governorof the State of Florida has traditionally named April as "Motorcycle SafetyAwareness Month" and WHEREAS, states and motorcycle organizations across the country will be conducting a variety of activities to promote the importance of motorist awareness and safely sharing the road with motorcyclists; and WHEREAS, locally, ABATE of Florida, Inc., is highly involved in motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety Awareness Program "to educate the non -riding public how to safely share the road with motorcycles; and WHEREAS, ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists. Using their mottos of "American Bikers Aiming Towards Education'; and WHEREAS, the City of Okeechobee wishes to join in this public safety campaign in an effort to ensure the safety and well-being of its citizens. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Motorcycle Safety Awareness Month" and urge all citizens to be more aware of motorcycles on our roads and highways and for all motorcyclists to take advantage of motorcycle safety programs throughout the year. The City Clerk will forward the proclamation to the appropriate persons. V. MINUTES - City Clerk, A. Council Membermoved to dispense with the reading and approve the Summary of Council Action for the March 2, 2010 Regular Meeting; seconded by 13� }�� There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O' ONNOR' YFA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administr or A. Council Member �` L moved to approve the February 2010 Warrant Register in the amoun . Capital Improvement Projects Fund -Vehicles, four hundred twenty- five thousand, one hundred sixty and sixty-eight cents ($425,160.68); General Fund, three hundred sixty thousand, seven hundred seventy-four and seventy-three cents; ($360,774.73); Public Facilities Improvement Fund twelve thousand, five hundred sixteen and ten cents ($12,516.10), seconded by Council Member There was no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA _O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA ION CARRIED'' VI. AGENDA - Mayor. A. Mayor Kirk asked whether there were any re uests for the addition, deferral or withdrawal of items on today's agenda? Item IV-.-,C. was-add�T `7 , VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT PM A.1. a) Council Member �.Z 'G�. moved to read by title only, proposed Ordinance No. 1057 regarding Application 46. 10-001-SSA, submitted by property owner, Shirley Baker, regarding 0.162 acres located at 200 Southeast 3rd Street, L t 6 pf Block 208, First Addition to Okeechobee, from SF to C; seconded by Council Member ,�If'Yu .3- b) Vote on motion to read by title only. VOTE KIRK - YEA MARKHAM - YEA CONNOR = YEiR� WATFORD - YEA WILLIAMS - YEA I-MQTION CARRIED ' Page 2 of 5 c) Attorney Cook read proposed Ordinance No.1057 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDAAMENDING THE CITYOFOKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO.635 AS AMENDED, BYREVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OFLANDMOREPARTICULARLYDESCRIBED HEREINFROMSINGLEFAMILY TO COMMERCIAL; PROVIDING FORINCLUSIONOFORDINANCEANDREVISEDFUTURELAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Council Member ka" moved to adopt Ordinance No. 1057; seconded by Council Member /-4na n _ b) Public comments and discussion. Planning Consultant, Bill Brisson presented the application to the Council along with the Planning Staff Report recommendation of approval based on the findings listed and Planning Board's unanimous recommendation of approval upon review at their February 18, 2010 meeting. The Comprehensive Plan Analysis of the application by the Planning Staff is as follows: (A) The Commercial classification is consistent with the general pattern of commercial expansion evident in the area within two blocks of Parrott Avenue. Considering the pattern of prior approvals involving other lands similarly situated, Planning Staff believes the application is consistent with the Comprehensive Plan and Policies. (B) The applicant did not submit information regarding projected demand for public facilities. However, nearby commercial and multi -family developments are served by the Okeechobee Utility Authority (OUA). Given the limited size of the parcel and the likely intensity of potential commercial development, Planning Staff believes that the OUA has sufficient capacity to accommodate the water and wastewater needs associated with development of this property. Similarly, commercial development at this location is not expected to generate a level of traffic that could be expected to cause traffic congestion or adversely affect levels of service. The applicant noted that patients will not be visiting this office. (C) The request seems compatible with adjacent and nearby land uses. The existing uses to the North, South and West are residences with Zoning Districts of Residential Multiple Family for the North and West and Residential Single Family to the South. To the East is a multi -family residence with the same zoning district. To the Southwest is a vehicle sales lot with a Heavy Commercial zoning district. The applicant envisions converting the existing single-family residenceon`o`i6 0' Block 208, First Addition to City of Okeechobee Subdivision, to a Home Health Care Nurse Registry Office. C�' 0. Jttk,L..l. L c) Vote on motion. VOTE KIRK - YEA MARKHAM - YEA _V R - YEA WATFORD - YEA WILLIAMS - YEA C MOTION CARRIED`_, MAYOR KIRK CLOSED THE PUBLIC HEARING AT i �& PM. Page 3 of 5 IX NEW BUSINESS. '1� A. Discussion regarding Florida Heartland Rural Economic Development Initiative (FHREDI) presentation , of grant application for the broadband project and request of support - Louise England, Special Projects Manager (Exhibit 2). Council Member v I to +aize to sign a Letter of Support; seconded by Council MembWV dc4JAd�-11-h1w 0 C r /u Wl 7_1 9 Ro V4 Ac C <9 Aj cc KIRK -YEA VO4 ,-O'CONNOR - YEA WATFORD -YEA 19 EA MOTION CARRIED. /Zt - B. Council Member L. moved to rescind Resolution No. 09-07 regarding withdrawal of membership from 6bli-c Risk Management of Florida Property Casualty Pool; seconded by Council Member 1,-Je-,-o (Exhibit 3). VL, KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA Page 4 of 5 VK - It^, CARRIED. C.1. a) Council Member moved to read by title only, and set April 6, 2010 as a final public hearing date for propc6d Ordinance No. 1058 regarding Sign Regulations; seconded by Council Member I I )nk_A . (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA �___ __, WILLIAMS -YEA _ MOTION CARRIED:-- c) Attorney Cook read proposed Ordinance No. 1058 by title only as follows: "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, 90-583, 90-588 AND 90- 589 PERTAINING TO EXEMPT AND PROHIBITED 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, NONCONFORMING SIGNS; AND SIGNS AND ARTWORK NOT QUALIFYING AS MURALS; PROVIDING FOR " JJCONFLICTS AND SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. 2. a) Council Member )11 &. ja/' c4 a� mov �1 to pprove the first reading of proposed Ordinance No. 1058; seconded by Council Member b) Discussion. �li7/ttilL L�G�� CIL, c) Vote on motion. KIRK - YEA WATFORD - YEA D Y _ d- 14_ k- e -I,,— MARKHAM - YEA WILLIAMS - YEA X. THE MEETING WAS ADJOURNED AT PM. Page 5 of 5 O'CONNOR -YEA, �IIlQT10,,_. N CARRIED. LZ -X 61k<-,e loa X77'le- 6A LLB C�j I NDEPENDEINT _ NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (80) 763-31.34 J 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' 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 ,q 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. , r t Judy Kasten Sworn to and subscribed before me this oa r. day of AD Notary Public, State of Florida at Large ,I A'OTARY PUBLICSTATE OF FLORIDA Angie Bridges Commission #f DD779718 f ;.•= Expires: APR. 20, 2012 BONDEP THAV ATLANTIC BONDING CO., INC. CITY COUNCIL MEETING NOTICE NOTICE IS HEREBY GIVEN that the City Council of the City of Oke bee will meet in Regular Session on Tuesday, Mardi 16, 2010, p.m., at City Hail, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida, The I is invited and encoura to attend. PLEASE TAKE NQTL E AND BE ADVISED that no stenographic record certified court reporter will be made of the foregoing meeting. Accord arty person who may seek to appeal any decision involving the matter tic herein will be responsible for making a verbatim record of the tes ny and evidence at said meeting upon which anyV appeal is to be b Please contact City Administration at 863-763-3372, or website wmm ofokeechr>bee can to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 sons needing special accommodation to participate in this proccv should contact the City Clerk's Office at 863-763-3372 for assistance. by: lames E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk � L � CITY OF OKEECHOBEE MARCH 16, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 CALL TO ORDER- MAYOR: March 16, 2010, City Council Regular Meeting, 6:00 p.m. OPENING CEREMONIES: Invocation given by Pastor James Dawson, 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2010 as "Water Conservation Month." B. Proclaim the month of April 2010 as "Sexual Assault Awareness Month." March 16, 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 March 2, 2010 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the February 2010 Warrant Register. Capital Projects/Vehicles $425,160.68 General Fund $360,774.73 Public Facility Fund $ 12,516.10 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only proposed Ordinance No.1057 regarding Application No.10-001-SSA, submitted by property owner Shirley Baker, for a small- scale amendment to the Future Land Use Map of the City's Comprehensive Plan from Single Family (SF) to Commercial (C) - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No.1057 by title only. 2.a) Motion to adopt Ordinance No.1057. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING-- March 16, 2010 PAGE 3 of 3 IX. NEW BUSINESS. A. Discussion regarding Florida Heartland Rural Economic Development Initiative (FHREDI) presentation of grant application for the broadband project and request of support - Louise England, Special Projects Manager (Exhibit 2). B. Motion to rescind Resolution No. 09-07 regarding withdrawal of membership from Public Risk Management of Florida Property Casualty Pool - City Administrator (Exhibit 3). C.1.a) Motion to read by title only and set April 6, 2010 as a final for proposed Ordinance No,1058 regarding Sign Regulations - City Planning Consultant (Exhibit 4). b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No.1058 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No.1058. b) Discussion. c) Vote on motion. X. ADJOURN MEETING — M 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. F � Office of the Mayor _ Okeechobee, Florida WHEREAS, motorcycles are increasingly used as a regular means of transportation; and WHEREAS, the motorcycle is an energy -efficient vehicle that reduces fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle is an important form of transportation for commuting, touring and recreation; and WHEREAS, with motorcycle ownership in Florida exceeding 750,000 registered motorcycles, the Governor of the State of Florida has traditionally named April as "Motorcycle Safety Awareness Month"; and WHEREAS, states and motorcycle organizations across the country will be conducting a variety of activities to promote the importance of motorist awareness and safely sharing the road with motorcyclists; and WHEREAS, locally, ABATE of Florida, Inc., is highly involved in motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety Awareness Program" to educate the non -riding public how to safely share the road with motorcycles; and WHEREAS, ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists. Usiing their risottos of `American Bikers Aiming Towards Education"; and WHEREAS, the City of Okeechobee wishes to join in this public safety campaign in an effort to ensure the safety and well-being of its citizens. NOW THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby proclaim the month of April 2010 as "Motorcycle Safety Awareness Month" and urge all citizens to be more aware of motorcycles on our roads and highways and for all motorcyclists to take advantage of motorcycle safety programs throughout the year. to Knees whereof! have hereunto set" nd and caused this seal to be affixed. P$mes K1.1k, )W,? r w- t ;d F o S° c Je Of Un w. Office of the Mayor Okeechobee, Florida.h` WHL`I?F.9S, Florida's natural beauty, crystal blue waters and white sand beaches attract re,iuent; ar).d visitors from around the world; and L'ti'}s�FREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, r ; and our quality of life and the economy depend upon a clean and healthy environn-aen- n, 1 WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and. the future of Florida depends greatly upon the availability of water; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, the South Florida Water Management District, in collaboration and coordination with local governments, utilities, businesses, agriculture, environmental organizations, recreational, sports and lodging facilities and other parties with an interest in water use are developing a comprehensive and long-term water conservation program for South Florida. to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resourcPc NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of April 2010 as WATER CONSERVATION MONTH in the City of Okeechobee. In witness whereof I have hereunto set my hand and caused this seal to be aFf:.reci James E. Kirk, Manor .......v..vr✓�.+v 1 1%J1IUCI WHEREAS, a.;,=aurt affects women, children and men of all racial, cultural and econorInic backgr I .,; and WHEIREAS, iir c 1 ' iti :l,r to the immediate physical and emotional costs, sexual assault may also have a ( I a :ri,t consequences of post -traumatic stress disorder, substance abuse, depress1 1 hip rf ielessness, eating disorders and suicide; and WHEREAS, &F a ;s cult can be devastating for not only the survivor, but also for the family and friends i , : ,cf,,wivor; and WHEREAS, iv, 1, P erson, organization, agency or community can eliminate sexual assault on their ov, s . t vt', can work together to educate our entire population about what can be done to c �r t ;sexual assault, support victim/survivors and their significant others, and increase c i :,orlf for agencies providing services to victim/survivors; and WHEREAS, Sill 10 s:'- ault Awareness Month provides an excellent opportunity for citizens to learn mt;i : !)c ut preventing sexual violence. NOW T"HEREF 1 i !; I James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okee c I , N !,, do hereby proclaim the month of April 20'10 as "Sexual Assault Awarern; G ilt( Alth" in the City of Okeechobee. In witness whereof I have hereunto set my hand -and caused this seal -to be affixed. Gmcl city cleck t 3 American women are murdered by an intimate partner every day and 4.8 million American women are physically assaulted each year! Please help lead the way to ending violence against women by issuing a proclamation for April's Sexual Assault Awareness Month. Last month, 25 Governors and over 200 municipalities in 45 states declared proclamations and resolutions for February's Dating Violence Awareness Month, providing inspiration and opportunities for bringing communities together to address this serious issue. These widespread observances point out the growing awareness about the serious issue of violence against women. To help states, municipalities, agencies and individuals further the goals of the Violence Against Women Act, the US Department of Justice's Office of Violence Against Women has worked with Congress and the President to establish months designated to raise awareness about the four crimes included in the bill: domestic violence, sexual assault, dating violence and stalking. Domestic Violence Awareness Month has been observed nationally for years, but this year's Senate Resolution for Teen Dating Violence Awareness & Prevention Month, and the widespread observance by states and municipalities has helped raise attention about violence against women to a whole new level. Now, as a nation, we have an opportunity to continue momentum with April's Sexual Assault Awareness Month. Last year, President Obama issued a Presidential Proclamation for Sexual Assault Awareness Month for the very first time, and because of attention on the issue by the media, government and civil society, it is expected that national, state and local participation will be even greater this year. I learned about violence against women the hard way — my 19 year old daughter Emily was murdered by her ex -boyfriend 10 months ago. Please issue a proclamation for Sexual Assault Awareness Month and send me a copy by email or mail so that I can post it on the StopDatingViolence.org website. Thank you. Sincerely, Robert Alan Silverstein Sample Proclamation for Sexual Assault Awareness Month WHEREAS, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post -traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of the survivor; and WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own, but we can work together to educate our entire population about what can be done to prevent sexual assault, support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence; NOW THEREFORE be it, Resolved, That I, , do hereby proclaim the month of April, 2010, as Sexual Assault Awareness Month in L)MIBIT 1 MAR 16, 2010 ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAINTRACTOF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILYTO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code provide for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 10-001-SSA), submitted by property owner, Shirley Baker, for a small-scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised meeting held on February 18, 2010, which determined such applicant to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application complies with the requirements of Florida Statutes 163, Part II, and that the proposed applications are consistent with the Comprehensive Plan and appropriate to the future land uses within the City; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1. SHORT TITLE. THIS ORDINANCE shall be known as tt Development Activities Comprehensive 1 163.3187, and shall be effective within the Florida. SECTION 2. AUTHORITY. e "City of Okeechobee Small Scale 'Ian Amendment," pursuant to F.S. City limits of the City of Okeechobee, This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP. The following described land consisting of approximately 0.162 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1057 - Page 1 of 2 a. Application No. 10-001-SSA, from Single Family to Commercial. The Legal Description of Subject Property is as follows: LOT 6 OF BLOCK 208, FIRST ADDITION CITY OF OKEECHOBEE SUBDIVISON, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5. 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 6. EFFECTIVE DATE. The effective date for the enactment of Ordinance No.1057 shall be thirty-one (31) days after the adoption of this ordinance. INTRODUCED for first reading and set for final public hearing on this 16T" day of March, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk ADOPTED after first reading on the le day of March, 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1057 - Page 2 of 2 City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 218 Fax: (863)763-1686 Date: I— G_ j V Fee Paid: Q5'w 1:st Hearingb/ 0 Publication Dates: Y31 F 2ho Pg Petition No. 10 00 1 Jurisdiction: 2nd Hearing: /'(P/�� /-51 to co - Comprehensive Plan Map Amendment Application and Checklist Please Check One: V Small Scale Amendment (Under 10 Acres) Large Scale _ g Amendment (Over 10 Acres) 6 n ✓ Property address / directions to property: S� Parcel Identification Number: Size of the Property (in acres): d 6,2 P Current Zoning Designation: F R Current Future Land Use Designation: O Existing Use of the Property: P p Y E Proposed Future Land Use Designation: R T Proposed Use of the Property:' i 0, Y �C. Description of Surrounding Properties: Legal Description of the Property (Lengthy Description May be Attached): Uniform Land Use Application -/-/� '?"� VJI� �G'lCLr '� �` PP (rev. trios) I� � Page 1 of 2 Required Attachments ✓ Survey of Property 0 1 " x 14", 20" Scale) ✓ $850.00 small scale $4,000 large scale plus $30 per acre Application Fee (non- refundable) Note: Resolution No. 98-11 When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual cost. City Location Map Letter Outlining Request i Notarized Letter of Owner's Authorization Confirmation of Information Accuracy k30nd fy that the information in this application is correct. The information included in on is for use by the City of Okeechobee in processing my request. False or formation may be punishable by a fine of up to $500.00 and imprisonment of up to ay result in the summary denial of this application. 4- vsck Printed Name Date r Com rehensivw Plan Amendment a hcations � - . "y.... _. 1 Completed and signed application 1 — (o —) o 2 Applicants letter outlining request 3 Notarized letter of consent from owner 4a Property survey certified boundary survey, date of survey, surveyor's name, address and phone number Y 4b Legal description on survey 4c Computation of total acreage to nearest tenth of an acre on survey 4d Drawing size I l x 17, if larger size, submit 13 copies 5 City location map within 100 feet of subject property Application fee (non-refundable) - $ 850.00 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges — When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. * Necessary only when the applicant is different from the property owner. Page 2 of 2 Uniform Land Use Application (rev. 11/08) Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound Planning conclusions made in this justification with adequate data and analysis. js Be sure to support all Large Scale Amendment (LSA) Small Scale Amendment (SSA) Text Amendment Flat Fee $4,000.00 plus $30.00 per acre $850.00 plus $30.00 per acre $2,000.00 each the property described herein, and that all answers to the questions in this tapplicat on and anyhorized of sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeecho �enter upon the property during normal working hours for the purpose of investigatinand eva he request �e through this application. g -- _ ignature weer or Authorized A ent � ,..._..__..� g Date Typed or Pri ted Name STATE OF�(}j COUNTY OF The foregoing instrument was certified and subscribed before me this etc 20 16 , by _ � � � ��day of or who has roduced , who is personally known to me as identification. �] votary Public t� 4 S"ANDA ANN RAINWATER �_ l'�fa �jb n�--- •= y CO . Ex - s ateSO o1 HoMde Printed Name of Notary Public IWy Comm. Exphee Sep 23, 2013 °;,;;,.•` COmmISSlon # DD 927248 Commission Expires on: 5**r,�11-ya For questions relating to this application packet, call the General Services Dept. at (863)-763-3372, Ext. 218 It &aely Q j0e,w� Caw &a4ce,41.o Aw# 316 NW 5t' Street Okeechobee Fl. 349872 The land use for 200 SE P Street Okeechobee Fl. 34974, Land use change is Being requested to support an office to provide Home Health Care Nurse Registry, no patients are present at any time. Thank You, Shirley Baker �1� �Y�� rrurl o9toti�o�s Qh N R( OID�bEO F'r, 0224 SNARQR RTSONr CLERK OF CIRCUIT C!HlRT YI ECDKEMEDE12l1d�J"1r009F10:37:40ANT 4?FG00.00 All RECORDING FEES 18.30 DEED DDC 343.00 a A. man RECORDED BY d Plnon ng, Pas 0224 - 2251 t2p9Cf - YoPA 31 141 South Ok _ FL 34972 File Nu%Ser._ Space Above This ll.aas yor xacmd* Waal © Warranty Deed This Warranty mule this 11th day of December, 2009 between Riverside i4tional Bank of kJorida whose Post of ec address is Fed" fthway, Fort Pierce, FL 349f12, grantor, and $hirf Baker, a sin whose post office is R Ocean Drive, APB 20, Fort Pierce, F L 34949, grantee: ' "man (Wbm'"T Mwd tr of t a � stead the and "Vwfte WU& all "parties to ibis meann M and the bairn, �' mpoem=ves. sad nstg a or swipe avnd usgeea) lodFvidusla Witm*Wth, that said grantor in consideration able of the sum of TEN AND N01100 DOLLARS (510.00) angel oche; good and value�0.sidetati for inn, ,hand paid by said grantee, the roocipt.vuhereof is hereby acknowl has 8c, lying bargained,dbbeing and sold gxstttee, and grantee's he's and aW9M forever, the following described land, situate, lyuag and being in Okeech ty, Florida to -wit: Lot 6, Block 202, FIRST AD TO MY OF OKEECHOBEE, according to the Plat thereof, redled iu Pint Book 5, raga oorRecorrdA of OkeeChabee atmty, Florida. Parcel Identification Number; 3- "2096-O 0 a O ~ . Sabittet to . ¢overunts, condition r OM easements, reservations and limitations of record, if any. Together with. all the tooernmte. bereditaments and appurtenuces dxzcto, belonging of in anywise appertaining. Mr. -.. To Have sued to Hold, the same in fee sitnple forever. And the grantor laereby ooveaants with said grantee that the grantor is lawfully seized Of said land in fcc simple- that the grantor boas good right and lawful authority to sell and cmvey said land; that the nansaid lend and will defend the same against the lavv£ul claims of all Persons whomaoev�er hafeby �Y watraats the title to encumbrances, exogx taxes acmting subsequent to December 31, 2"9. . and that said land is free of all In Witness Wbet'e01', gtmtto, has hereanto set grantor's band and seal the day and year Scat above watten- owrblererAn Book680/Page224 CFN#2009014085 Page 1 of 2 Signed, eealed and delivered in our preseaoe: Iii si National of Florida tsa Parker, tee president (Corporate Seal) State of F1on County of da of December, 2W9 by Lisa Parkcr, Vice Presideaat The foaegoiA9 iA,sttumea �gnowledged before me this �_ Y orjda, on behalf of the corPo�titon- DeJskie is ooally known to me or [x] has of Itivet�idc National firation. produced a drives WOW �a (Notary Seal? � printed Namc: l //liriz� NOM PMC4TATR OF I umD ml�,,_ MY Copwniadon Expires: Cf1 iaJJt�O1 &parer APIL 100 TO Bo►meet�ue7tnKrtoearsrnwao,at0, a WarrmV Dead -PSW2 Book680/Page225 CFN#2009014085 ow,bieTim" Page 2 of 2 Okeechobee County Property Appraiser - W.C. Bill Sherman, CFA - Okeechobee, Florida - 863-763-4... Page 1 Okeechobee CountyPro g °f 2 � fiy Appraiser ?,11/.C. Bill Sheffnan, CFA - Okeechobee, Florida - 863-763-4422 Download Results Print this page Current Offset Distance: 300 Tfeet Run Again Land Use Filter: Show only SINGLE FAM (o00100)tLand Use type Ownees lValile RIVERSIDE NATIONAL BANK OF FLO Site Address 200 SE 3RD ST, OKEECHOBEE ''" vmvmrd 2810 SOUTH FEDERAL HIGHWAY Address FORT PIERCE, FL 34982 Use Desc. (code) SINGLE FAM (000100) Tax District so O Neight�ortlood 113650.00 Land Area 0.162 ACRES Market Area 40 Description 1 ST ADDITION TO CITY OF OKEECHOBEE LOT 6 BLOCK 208 7/13/2009 ' tai. CT I U 11 «�. Sales 3/17/2006 $100.00 3/9/2006 ' WD I Q $98,500.00 „_. itPB I U 01 $0.00 A t78 :.4,��,� c„-�� SR.:.+ {r I' ai 550t ioo - �1, PATEL J D & PATEL N TRUSTEE 201 S PARROTT AVE OKEECHOBEE, FL ol� 1 1 >r �, ,: GOODBREAD GEORGE A REV LIV 349744338 5/24/1999 1 $0 1 1 1 U TRU 12575 HWY 70 EAST OKEECHOBEE, FL „GOODBREAD GEORGE A REV LIV 349728264 7/3/2008 1 $100 1 V I U TRU 12575 HWY 70 EAST OKEECHOBEE, FL 349728264 7/3/2008 1 $1001 V I U GAGBEE INC 12575 HIGHWAY 70 EAST - OKEECHOBEE, FL 34972 6/22/2006 1 $450,000 111 32 MILES MICHAEL L & GLORIA J 2382 SW 2ND COURT U .J�i x ;; ANDERSON KAREN C OKEECHOBEE, FL 34974 12/3/1999 1 $15,000 I 1 1 U "' ' `"' "'..I' BAKER RUBEN L & PAULA C ., 208 SE 2ND ST 7548 NW93RD CT OKEECHOBEE, FL 34974 7/1/1993 1 $21,000 11 U 'r "0 0 ` ' LKMS LLC 203 SE 2ND AVENUE OKEECHOBEE, FL 34972 5/5/2000 1 $43,500 111 U BRASS KARYNE HENRY 201 SE 3RD STREET OKEECHOBEE, FL 34974 5/5/2009 1 $100 111 U BRASS KARYNE HENRY 201 SE 3RD STREET OKEECHOBEE, FL 34974 10/27/2003 1 $0 I 1 U WILLIAMS PAULA ELAINE 209 SE 3RD ST OKEECHOBEE, FL 34974 7/10/2002 1 $0 111 U WILLIAMS PAULA E & WILL AM 209 SE 3RD STREET OKEECHOBEE, FL 34974 10/27/2003 0 1 1 1 U I $ 3'' � }' ''-' o� ' �"' -- ? WILLIAMS WILLIAM W & PAULA E 209 SE 3RD STREET OKEECHOBEE, FL 34974 6/29/2006 1 $0 � 1 1 U INGRAM GRACIE BLANCHE (LIFE OKEECHOBEE, FL 34974 3/4/2008 1 $37,800 111 U ES 112 SE 3 ST OKEECHOBEE, FL 207 REALTY LLC 349744316 8/5/2004 1 $011 1 U P.O. BOX 848 , OKEECHOBEEFL 349730848 9/26/2008 1 $365,800 111 ��? `' �`'�-'` ', �_��1,. 207 REALTY' LLC U P.O. BOX 848 OKEECHOBEE, FL 349730848 9/26/2008 1 $365,800 11 VANBER'SCHOTJOHN E U CONRAD BILLIE J 210 SE 3RD ST OKEECHOBEE, FL 34974 6/5/1997 1 $31,000 111 Q 208 SE 3RD ST OKEECHOBEE, FL 349744414 4/11/1997 1 $22,30011 1 32 ! 3 t C ) > >3 ;. SCHANTZ DO'ROTHY HELEN U 206 SE 3RD ST OKEECHOBEE, FL NGUYEN HUNG PHI 349744414 9/20/2004 1 $0 111 U 21 GRIFFIN MARY M 664 SE 26TH DRIVE OKEECHOBEE, FL 34974 4/30/2008 1 $0 111 U ?!, in r, r p;r_, RIVOERSID'E NATIONAL BANK OF 202 SE 3RD ST 2810 SOUTH FEDERAL OKEECHOBEE, FL 34974 12/1/1997 1 $0 111 U TAYLOR KIMBERLY A & ADAMS HIGHWAY FORT PIERCE, FL 34982 7/13/2009 1 $100 111 U TOMM 201 SE 4TH STREET OKEECHOBEE, FL 34974 6/21/2000 1 $40,000111 U http://www.t�eech a.co1 /m/CIS/G(Sluffer.asp OKEECHOBEE, FL 1 /5/2010 Pl�.-1Il11ifit I -n . 1 1 w N Staff Report Applicant: Shirley Baker (Home Health Care) �W_,,„ n.,—nrtr,mr,t Petition No.: 10-001-SSA Existing Proposed Future land Use map residential Sil�gle- Commercial CVas ifidation IFamily, RMF No specific indication Zoning District has been given, but we would envision a future rezoning to CPO, the least intensive district needed to accommo- date the desired use. Use of Property Single-Farniily Horne I ea th.Care Nurse Registry Office , Residence Acreage 0.162 acres 0.162 acres Location: 200 SE 3'd Street. PARCEL ID#3-27-37-35-0020-02080-0060 Legal Description: LOT 6, BLOCK 208, FIRST ADDITION TO CITY OF OKEECHOBEE„ ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. The matter before the LocalPlanning Agency and City Council is an application for an amendment to the Future land Use Map from Single Family Residential to Commercial for a 7,125 square foot lot (0.162 acres) at the southeast corner SE 3rd Street and SE 2nd Avenue. The Applicant envisions converting the existing single-family home to a Home Health Care Nurse Registry Office. Patients will not be visiting the office. Staff Report Applicant: Shirley Baker (Home Health Care Office Small Scale Amendment Petition No.: 10-001-SSA Nolty '1ruhr au Map Clas§Fcaiicn �onn�g ''ing#eIFarrair District. Ex►sliptg LarYcl .0 e. :RIt�F Single:-F6 ` Iy Residence ; East: Future Land Use Map Classification: Single -Family Zoning District: RMF Existing Land Use: South: Future Land Use Map Classification; Multi -Family Residence Siingle-Family, �Zoni!. District: Existing LandUse: �� Si°ngle=Fammily 12esiderrde West: Future Land Use Map Classification: Commercial Zoning District: RMF and CHV Existing Land Use: Single-family residence to immediate west and a vehicle sales lot to the southwest. Based on the size of the property (0.162 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. A. Consistency with the Land Use Categories and Plan Policies. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost.,, Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property and environmentally sensitive areas from adverse impacts of incompatible land uses, activities and hazards. Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl'. E Staff Report Applicant: Shirley eir (Haunne Health care Office Smalli Scale Arnendme iFetiti No.: fitkOfl t-SSA The requested Commercial future land use designation is consistent with, the generals pattern of commercial expansion evident in, the area within two blocks of US 441. Considering the pattern of prior apprnavaj!s invoiving other lands similarly situated, it is Staff s understandidng that the Cif uWmately envisions a pattern of commercial development within two blocks of US 441 in this general' area. As such, Staff' believes the requested amendment is consistent with the Comprehensive Flan. B. Adequacy of Public Facilities The applicant has submitted no i,nfof Mation reWding the projected demand for City water and sewer services, trash, dispoSai, or an estimate of traffic genera- tion. However, nearby commercial and multi -family development are served by water and surer facilities. Given the limited size of the parcel and the likely intensity of potential commercial development, Staff believes that OUA has sufficient capacity to accommodate, the water and sewer needs associated with development of the subject property. Similarly, commercial development at this location is not expected to generate a level of traffic that could be expected to cause traffic congestion or adversely affect levels of service. C. Compatibility with Adjacent and Nearby Land Uses While the properties in the immediate vicin4i are residential, Staff believes the current City policy envi,.snores gradual transition to, commercial. use, particularly CPO types of uses, for properties in this area that front on SF 2 Avenue. Staff recommends approval of the Applicant's request to amend the Future Land Use Map from Single -Family to Commercial. Submitted by: James G. LaRue, A1CP Planning Consultant February 9, 2010 Planning Board Tearing: February 18, 2010 Council Hearing, March 2, 2010 Attachments: Future Land Use Map, Zoning Map, and County Property Appraiser's Aerial Staff Report Small Scale AmemWnent APOcant: Shirley Baker (Homne Health Care Office Petition No.: lo-ool-SSA FUTURE LAND USE COMPREHENSIVE PLAN LAND LME 'S IWA E - FM VL MUTT -FATAIL'y CAMVIER.(SAL mymISTRIAL RESIDE? I I A �k h1j.,Xf D tpz� E 0 = Subject Property S,taff Report ApipAieard: Shirley Baker (Home Heakh Care Office Small Scahe AmendmefA pet�ian No,.: 10-001-SSA ZONING 1W mwt-'w 221 4 0 = Subject Property F Cl Staff Repmv6 Appiicamt: ShiFLElya, Baker (Hiomne th, care office Small Scale Am,roemxrment POWn No.: 10 oal-SSA Okeechobee County Property Appraiser's Aerial t .Ah JAL 1.& R D_SearchResults Page 1 of Okeechobee County Property Appraiser CAMA Updated: 1/22/2010 Parcel: 3-21-37-35-0020-02080-0060 «Next Lower Parcel :Next Higher Parcel » Owner & Property Info Owner's Name I BAKER SHIRLEY Site Address 200 SE 3RD ST, OKEECHOBEE Mailing 1550 S OCEAN DRIVE APT 20 Address FORT PIERCE, FL 34949 Description 1ST ADDITION TO CITY OF OKEECHOBEE LOT 6 BLOCK 208 NOTE: This description is not to be used as the Legal Description for this parcel in any legal transaction. Land Area 0.162 ACRES S/T/R 21-37-35 Neighborhood 113650.00 Tax District 50 DOR Use Code SINGLE FAM (000100) Market Area 40 t the I County Planning & Development office at 863-763c5548�for specific zon ntg informaationchobee I Property & Assessment Values Mkt Land Value cnt: (1) $21,000.00 Ag Land Value cnt: (o) $0.00 Building Value cnt: (1) $28,266.00 XFOB Value cnt: (0) $0.00 Total Appraised Value $49,266.00 Sales History 2009 Certified Values Parcel List Generator Retrieve Tax Record Property d Interactive GIS Ma Print Search Result: 1 of 1 Just Value $49,266.00 Class Value $0.00 Assessed Value $49,266.00 Exempt Value $0.00 Total Taxable Value $49,266.00 Sale Date Book/Page Inst. Type Sale Vimp Sale Qual Sale RCode Sale Price U 12 $400.00 U 11 $100.00 Q $98,500.00 U 01 $0.00 12/11/2009 7/13/2009 680/224 672/1444 Wp CT I 3/17/2006 594/333 Wp I 3/9/2006 593/837 PB I Vull tirly Lnaracrertsr'tics Bldg Sketch Bldg Item Show Sketch 1 Bldg Desc Year Bit Heated S.F. SINGLE FAM (000100) 1927 884 Extra Features & Out Buildings Code Desc Year Bit Value Units NONE Land Breakdown Lnd Code Desc Units 161CIB CITY LT SE (MKT) 0000050.000 FF - (0000000.162AC Okeechobee County Property Appraiser Search Result: 1 of 1 Actual S.F. I Bldg Value 1172 $28,266.00 Dims Condition (% Good) kAdjustments Eff Rate Lnd Value i.00/1.00/1.00/1.00 1 $420.00 1 $21,000.00 CAMA Updated: 1/22/2010 HOME I Record Search I GIS Map I General Info I Exemptions I Tangible Tax I F A 0 I Contact Us I httn•//www_okeechoheena.com/GIS/D SearchResults.agn 2/1 /2O1 0 35.0' O O O SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS SUR MAP IS PER RECORD DESCRIPTION AND IS TRUE AND CORRECT TO TH EST OF MY KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD. I FU CERTIFY THAT THIS SURVEY COMPLIES WITH THE MINIMUM TECH IC L ,STANDARDS SET FORTH IN CHAPTER 61—G-17-6 BY THE FL ID QOARD OF LAND SURVEYORS PURSUANT TO SECTION 472.027 F R q' STATUTES, AND THAT THERE ARE NO ABOVE GROUND ENCROA /yS OTHER THAN SHOWN. , BY: DATE: REGISTERED LAND SURVEYOR FLORIDA REGISTRATION #4015 GEORGE M. AYLOR, JR. R.LS. LOCATION MAP 4_ 1�2.50' (MLASLR f7) j -f 1 Lb _ LEGAL DESCRIPTION: 26•0' ,• LOT 6, BLOCK 208, FIRST ADDITION TO OKEECHOBEE ez FLORIDA, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 6, PUBLIC RECORDS O 4.0' ,fyl >Oc Q OF OKEECHOBEE COUNTY, FLORIDA- ADDRESS: 200 SE 3RD STREET OKEECHOBEE, FLORIDA P o.ivzc0.c� O 0 � FLOOD ZONE: "X" 6 0, O UNMAPPED 26,0' SURVEY NOTES: coy 1. NOT VALID UNLESS SEALED WITH AN EMBOSSED .._...._ _. SURVEYOR'S SEAL. 142, 50' C C'I A1) 2 LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OR 142,50' ( 9,VM 3. LAND RDESCRIPTION HEREON WASTO D PRED BYSHIP. W/� THE CLIENT. 4. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE. 5. THIS SURVEY NOT TO BE USED FOR FENCE INSTALLATION, SPRINKLER SYSTEMS, SHRUBS, OR ANY OTHER UTILITIES WITHOUT REVERIFICATION OF PROPERTY N I77,5O C pLAr) 6. ELEVVATIONSCORSHHOWNSHEREON ARE BASED UPON 7750' (MLA5LEP) N.G.V.D. 1929. 7. DIMENSIONS PREVAIL OVER SCALE. 5,�, ZNI% AV�NL B. ADDITIONS OR DELETIONS TO SURVEY MAPS OR 70' �� W (20� AJ MT) WIREPORTS BY OTHER THAN THE IPARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN WRITTTT EN CONSENT OF THE SIGNING PARTY OR PARTIES 9. SURVEY NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. CERTIFIED TO: SHIRLEY BAKER RIVERSIDE NATIONAL BANK OF FLORIDA LEGEND: ANTHONY T. YOUNG, P.A. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY NO ID -NO IDENTIFICATION 2009 it ■ -FOUND CONCRETE MONUMENT FIELD WORK COMPLETED: 72 / / • -FOUND NAIL do WASHER -FOUND 5 8" DIA. IRON ROD -e- -EXISTING WIRE RHEAD FENCE McINTOSH AND ASSOCIATES BOUNDARY SURVEY -x-- -EXISTING CHAINLINK FENCE SURVEYING & MAPPING -"'- -EXISTING WOOD FENCE PREPARED ON THE ORDER OF: (t -CENTER LINE 325 SW SOUTH QUICK CIRCLE FFE -FINISH FLOOR ELEVATION PORT ST. LUCIE, FLORIDA 34953 CLEAR TITLE k LEGAL SER)ACES, INC. PSM -PROFESSIONAL SURVEYOR AND MAPPER (772)878-7568 (voice) SCALE: DRAWN BY: nUE NO.: R/W -RIGHT-OF-WAY (772)343-1091 (fax) PC -POINT OF CURVE CERTIF. OF AUTHORIZATION NO. LB7332 1"--20 TMW 5357 A -DELTA ANGLE JI L -NC LENGTH X 0.00 -TYPICAL ELEVATION FEBRUARY 18, 2010 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 2 OF 3 AGENDA ACTION - DISCUSSION - VOTE 1 V. CONSIDER PETITIONS AND APPLICATIONS. III _11 A. Application No.10-001-SSA submitted by Shirley Bakerto change the Chair Maxwell announced the only public hearing item to consider will be under the realm of the Planning Board. The Future Land Use classification on Lot 6 of Block 208, First Addition to Board will consider the application and offer a recommendation of approval or denial, which is then forwarded to the City of Okeechobee, from Single Family to Commercial. City Council for final approval. He then yielded the floor to Mr. Brisson to review the application and Planning Staff Report findings. 1. 2. 3 Hear from Planning Staff. Small Scale Comprehensive Plan Amendment No. 10-001-SSA is requesting to change the Future Land Use Map classification from Single Family to Commercial on approximately 0.162 acres located at 200 Southeast V Street. The applicant envisions converting the existing single-family residence on Lot 6 of Block 208, First Addition to City of Okeechobee Subdivision, to a Home Health Care Nurse Registry Office. The Comprehensive Plan Analysis of the application by the Planning Staff is as follows: (A) The Commercial classification is consistent with the general pattern of commercial expansion evident in the area within two blocks of Parrott Avenue, Considering the pattern of prior approvals involving other lands similarly situated, Planning Staff believes the application is consistent with the Comprehensive Plan and Policies. (B) The applicant did not submit information regarding projected demand for public facilities. However, nearby commercial and multi -family developments are served by the Okeechobee Utility Authority (OUA). Given the limited size of the parcel and the likely intensity of potential commercial development, Planning Staff believes that the OUA has sufficient capacity to accommodate the water and wastewater needs associated with development of this property. Similarly, commercial development at this location is not expected to generate a level of traffic that could be expected to cause traffic congestion or adversely affect levels of service. The applicant noted that patients will not be visiting this office. (C) The request seems compatible with adjacent and nearby land uses. The existing uses to the North, South and West are residences with Zoning Districts of Residential Multiple Family for the North and West and Residential Single Family to the South. To the East is a multi -family residence with the same zoning district. To the Southwest is a vehicle sales lot with a Heavy Commercial zoning district. Hear from the Property Owner or designee/agent. Chair Maxwell then yielded the floor for the applicant to address the Board. Ms. Geannie Garrison appeared on behalf of the applicant, she explained that the only two employees' who will be in the office was she and Mrs. Shanda Rainwater. The nurses would stop in to pick up their paychecks, not stay in the office, so the traffic would be minimal. The Board did not have any questions for Ms. Garrison. The applicant inquired as to the required number of parking spaces, Mr. Brisson clarified that four paved parking spaces would be required. Open Public Hearing for public comment for Petition No. 10- III Chair Maxwell opened the Public Hearing for any questions or comments from the public at 6:21 p.m. There were none. 001-SSA -Chair. FEBRUARY 18, 2010 - PLANNING BOARD/BOARD OF ADJUSTMENT AND APPEALS - PAGE 3 OF 3 V. CONSIDER PETITIONS AND APPLICATIONS CONTINUED. A. 4. Close Public Hearing - Chair. 5. Board Discussion. 6. Consider motion and vote. VI. NEW BUSINESS. Chair Maxwell closed the Public Hearing at 6:22 p.m. The floor was opened for discussion between the Board. Planning Staff is recommending approval. Member Burroughs moved to find Application No. 10-001 -SSA, requesting a change in the Future Land Use classification from Single Family to Commercial on Lot 6 of Block 208, First Addition to the City of Okeechobee, to be consistent with the Comprehensive Plan based on the findings outlined in the Planning Staff Report and recommended approval to the City Council; seconded by Member Baughman. VOTE MAXWELL - YEA HOOVER - ABSENT BURROUGHS - YEA KELLER- YEA LUVIANO - ABSENT McCoy - ABSENT MORGAN - YEA BRASS - ABSENT BAUGHMAN - YEA MOTION CARRIED. A. Consider any additional requests for amendments to the City's Land III Chair Maxwell asked whether there were any requests for amendments to the City's Land Development Regulations. Development Regulations - Chairperson. There were none offered. VII. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board/Board of Adjustment and Appeals 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services media are for the sole purpose of backup for official records of the Department. Devin Maxwell, Chairperson ATTEST: Betty J. Clement, Secretary There being no further items, Chair Maxwell adjourned the meeting at 6:22 p.m. I o Irl cc�c�{e ��1� NDEPENDENT _ NEWSPAPEKS OKCECHOBFE iNT11VS l OS ti.14 . 17th Strret, Suite 1), O. •, chohe, :L Id974 (863) 763-3134 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, thattheattached copy of advertisement being a in the matter of_u� �• GZ-f?C �� in the 19th Judiciai1i'strict 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 anv discount, rebate, com- lnission 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 L�- 2 L,i, �(, C AD -mac ' --- Notary Public, State of Florida at Large i VOTARY PUBLIATE OF FLORIDA Angie Bridges Commission #DD779718 Expires: APR. 20, 2012 ( NL1 L'W113RU ATLANTIC SONUING CO., INC, PUKIC NOTICE _. _. CONSIDERATION OF ADOPTING ACITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, Mardi 16, 2010 at 6:00 p.m. or as soon thereafter possible, at City Hall; 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on -and thereafter to considerfinalreadkw of the followino Ordi- TheUse MeaaO��rdlnanre Is regarding SowO Scale � Plan Future Land owner Sthid AmendmentchanApplication Wture�larhdl Use Promo& to C for. pprrooperty khabed at 2071 SE 3rd Street, LegalDesorption: Lot 6 of Block 208, 1st Addition to Okeechobee, and is a 0.162 acre(s). The proposed use is for a home health pre nursing office. A copy of the agenda may be obtained from the City webskewww.dly- ofokeechotee.com, or contact Administration,.(863) 763-3372 x 212. A cry of the nl, ��hpp11i®tlon(s k available at the City Clerk's Office PLEASE TAKE NOTICE AND V OlSED that t any person desires to ap- si�dered ate made, by the City Council with respect to any matter con - sure a verbatim record of the proceedings Is made wh�bhreca d Includes twill Deed to he testimony and evidence upon which the appeal is to be based. City Clerk media are used for the sole ppurpose of back-up forte department In accdMance wilt the Amerkans with Disabilities Act (ADA) of 1990 per- sons needm9 special accommodation to In this proceeding should cenfact the Adminatraton Olfioe at 3-763-3372 for assistance. EXHIM 2 MAR 16, 2010 Robin Brock From: Louise England" <lengland@flaheartland.com> To: <rbrock@cityofokeechobee.com> Cc: <Itopel@flaheartland.com> Sent: Thursday, March 04, 2010 4:06 PM Attach: Network in Brief .doc; Generic letter of support 03-03-10 (3).doc; FRBAlntroduction.doc; DRAFT Letter In kind Assets 03-03-10 (2).doc Subject: March 16, Council Agenda Item Dear Robin Lynn Topel, Executive Director for Florida's Heartland REDI will make a presentation about the broadband project and request a Letter of Support. A brief overview follows. Documents for the council members' packet are attached. I do not have the PowerPoint presentation yet, but will send it Monday. Florida's Heartland REDI in cooperation with Opportunity Florida the Northwest Florida Rural Area of Critical Economic Concern is making a grant application for Round Two funding under the Comprehensive Community Infrastructure category of the 2009 American Recovery and Re-investment Act, National Telecommunications and Information Administration's Broadband Technology Opportunity Program. They have joined together to create the Florida Rural Broadband Alliance LLC. Florida's Heartland REDI and Opportunity Florida request a letter of support for this project. Lynn Topel, Executive Director Florida's Heartland REDI will present information and answer questions. Additional information is attached in the following documents: Letter of Support Template Network In Brief Brief PowerPoint Presentation FRBA Introduction Louise England Florida's Heartland REDI, Inc. Florida's Freshwater Frontier Special Projects Manager 863-385-4900 3/8/2010 Florida Rural Broadband Alliance, LLC C/o Robert E. Sheets 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 Facsimile: (866) 856-9519 Dear Mr. Sheets, RE: Letter of Support Florida Rural Broadband Alliance (FRBA) Grant Application for Broadband Funding is an enthusiastic partner in the Florida Rural Broadband Alliance, LLC (FRBA) grant timulus funding under the American Recovery and Reinvestment Act of 2009 (ARRA). The application for broadband s FRBA is a regional collaboration of local and tribal governments, economic development agencies and community eet the essential and advanced broadband activists from 15 rural disadvantaged Florida counties designed to m network needs of the Northwest Florida Rural Areas of Critical Economic Concern and the South Central Rural Area of Critical Economic Concern (RACECs). These RACECs consist of Calhoun, Franklin, Gadsden, Hulf, Holmes, Jacksonand Liberty and Washington Counties in the Northwest Florida region and De Soto, Okeechobee Counties as well as the unincorporated area of Immokalee in Collier County in the Southwest region of Florida. ARRA grant funds will provide these regions with the forward now and long into the future ry and rapid economic stimulus to propel Northwest and South Central Through the FRBA, we support broadband advancement and economic development by creating sustainable regional and statewide infrastructure that interconnects community anchor institutions and extends advanced broadband infrastructure into communities w with accessto a ocommunityugh robust advanced broadband of astrructure, helpi g us I to provide meet the challenges of our new information economy. The FRBA regional and community area networks will: Advance Community Efforts in healthcare, education, public safety, emergency management, disaster preparedness, alternative energy (e.g., smart grid), and research through high speed access to innovative experiences, resources and tools otherwise not available within the "walls" of a traditional community institution. The community will be better equipped to push research and information sharing beyond the community borders, not stranding research or critical, perhaps life-saving data. Create Local Jobs by keeping support services within the community and generating jobs for designers and builders of broadband networks, manufacturers of broadband -enabled equipment and devices, developers of software and other applications and creators of content of all kinds. A high performance advanced broadband network will not only attract and enable modern, competitive businesses that require big broadband, but it will also support local small business entrepreneurs who require access to business on the web. Allow for Cost Savings through local ownership of a high performance network where community shareholders can freely improve network performance and capacity according to demand and foster continued growth and long-term cost efficiencies. Promote Community Collaboration and Efficiency through cost and resource sharing, improved face to face and virtual communication, redundant infrastructure that ensures exchange of essential information and integrated, innovative and accessible services across departments freeing staff to focus on providing better service to citizens. We believe that this innovative opportunity will give Northwest and South Central Florida a great foundation for achieving the broad goals of the economic stimulus and start positioning Northwest and South Central Florida for the future. As the grant application process unfolds, we support the development of this network. We look forward to participating in collaborative efforts with state, regional, local and community -based, and private partners to develop a robust advanced broadband infrastructure. Sincerely, Network in Brief The FRBA network is designed for the following purposes: • As a wholesale, open access, Middle Mile network • To deliver increased transport and Internet Access capacity to the most rural and underserved areas of the State — the RACEC's • To enable Last Mile Providers and ISP's to deliver greater speed and capacity to anchor institutions and communities through a highly reliable, redundant network • To reach areas too costly to serve through private investment • To leverage more than $30 million in ARRA Federal Grant funding to invest in greater broadband capacity for the two RACEC's. The FRBA Network (specifically that portion for our region) elements include: • Microwave, Fixed -Wireless Network. The benefit being that it is extremely flexible, and future capacity can be added by simply upgrading or duplicating radio links. • Self -healing, Point to Consecutive Point, Ring architecture (meaning that a link can go down and traffic is instantaneously re-routed in another direction, with no loss of service) • 100-300Mbps full duplex nominal capacity, up to 1Gbps full duplex direct connection available. This is more than 130 times the Federal definition of Broadband — ensuring capacity for years to come. • Utilizing approximately 60 towers at final build -out, 30 for baseline network, this will provide access to the network from anywhere in the RACK. (Same 100% performance coverage in each region) • Links designed to minimum of five 9's reliability. Exceeding industry standards for even fiber networks Technical Features • Utilizes Microwave Radios - Digital - Ethernet -based - Licensed Bands; 11, 18, 23, 80GHz - License -Exempt Bands; SGHz, 24GHz, 60GHz - Interfaces; Ethernet, Coaxial, Optical, Low Voltage DC Layer 2 and 3 Switches - CLI-based UI - Advanced protocol implementation (VLAN, RTSP, OSPF, etc) - Ethernet, Optical Interfaces - Security Implementation (DoS, Intrusion Protection, etc) Intelligent Network - SNMP monitoring programs - Advanced OSI layer (QoS, Application Layer, etc) - Security Implementation (DoS, Intrusion Protection, etc) Power and On -site Security - Remote Power Management - Security and Alarming Integration - Environmental Monitoring Integration The Network design is nearly identical to that utilized in the only successful Round 1 Grant Application in Florida. The validity and efficiency in delivering High-speed capacity for anchor institutions and last mile providers has been proven by the successful submittal by the North Florida RACK through the North Florida Broadband Authority. This design and application represents Florida's best opportunity to bring Broadband Stimulus funding to our region in this final round. Thanks again for your consideration. Urgency is placed upon us by a very tight period for responding before the Federal application deadline. We must begin to submit our application on March 19th, so expeditious consideration and action is greatly appreciated. If there are any questions, or others we need to brief on our network plans/grant application, please let us know as soon as possible. Best regards, The Florida Rural Broadband Alliance Via Electronic Transmission Re: Listing of Assets for the Florida Rural Broadband Alliance, LLC FRBA The Florida Rural Broadband Alliance, LLC ("FRBA") is pursuing a round two application for American Recovery and Reinvestment Act of 2009 ("ARRA") federal broadband stimulus funding. With your help, we can advance broadband by creating a sustainable regional broadband infrastructure. The round two application process requires the FRBA to solidify your support as we provide the requested information for round two of the application process. The FRBA will be required to identify key assets and support , ensuring we have clear and genuine commitment from our vendors and partners. To dotth s, wehisortunityneed to obtain documentation supporting your Commission/Board's intent to make assets available to the FRBA. Attached as Appendix A is a questionnaire asking you to list and describe key assets within your jurisdiction for use by the FRBA upon grant approval March 10 2010 so that we can include it with ntheres onse de dand award. ine. Of critical importance t the FRBA ask that YOU complete Appendix A b is the following asset information: gq • High rooftops or small towers at key facilities (school, municipal buildings, fire station, etc) • Large towers (above 100ft) either owned or subject to preferred lease agreements • Identify facilities, locations, easements or land available for a tower build • Note any zoning or permitting restrictions regarding wireless towers • Note any municipal or local fiber loops either owned or subject to under preferred lease (interconnection points, speed and/or limits of use identified) If we're fortunate enough to be awarded a grant, we will provide a sample Letter of Intent ("LOI") document for your Commission/Board's consideration. With this information, the FRBA can confidently put forth eve ry ossile effort to secure this once in a lifetime opportunity. The infrastructure proposed by the FRBA will provide critical connectivity to Florida communities for decades to come while building a solid foundation that will allow limitless broadband to reach the residents and businesses in our communities. Appendix A LISTING OF ASSETS A ..1 .174i�r��I rVA+PC Note any zoning or permitting restrictions regarding wireless towers: Note any municipal or local fiber loops either owned or subject to preferred lease (include interconnection points, speed and/or limits of use identified): FLORIDA RURAL BROADBAND ALLIANCE Introduction to the FRBA The Florida Rural Broadband Alliance, LLC (FRBA) is a Florida limited liability company formed through the regional cooperation of local and tribal governments, economic development agencies and community activists from 15 rural disadvantaged Florida counties designed to meet the essential and advanced broadband network needs of unnerved and underserved communities in the Northwest Florida Rural Areas of Critical Economic Concern and the South Central Rural Area of Critical Economic Concern (RACECs). These RACECs consist of Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty and Washington Counties in the Northwest Florida region and Desoto, Glades, Hardee, Hendry, Highlands and Okeechobee Counties as well as the unincorporated area of Immokalee in Collier County in the Southwest region of Florida. Broadband infrastructure is critical to these regions in order to provide 215t century education, health care, public safety and business development opportunities the communities within the RACECs. Federal stimulus grant funds will provide these regions with he necessary and rapid economic stimulus to propel Northwest and South Central Florida forward now and long into the future. By cooperating together to form the FRBA these communities can create a solution that gives their residents a better future. The FRBA will be composed of a Board of Governors with one member appointed by each of the Counties included within the proposed service area. This governance structure will provide each of the member communities with a vote in the expenditure of any federal stimulus grants or other funds awarded to the FRBA and allow the communities to control the deployment of broadband facilities to provide reliable, cost effective internet services for the residents and businesses in the region. Unlike other proposals for the expansion of broadband access within the RACECs, the FRBA will allow the member communities to govern the expenditure of the funds, the construction of the network and the investment of any revenues generated by the system. This is a unique opportunity for the communities to participate in the advancement of opportunities in education, health care, economic development and public safety throughout the entire FRBA service area. Network in Brief The FRBA network is designed for the following purposes: • As a wholesale, open access, Middle Mile network • To deliver increased transport and Internet Access capacity to the most rural and underserved areas of the State — the RACEC's • To enable Last Mile Providers and ISP's to deliver greater speed and capacity to anchor institutions and communities through a highly reliable, redundant network • To reach areas too costly to serve through private investment To leverage more than $30 million in ARRA Federal Grant funding to invest in greater broadband capacity for the two RACEC's. The FRBA Network (specifically that portion for our region) elements include: Microwave, Fixed -Wireless Network. The benefit being that it is extremely flexible, and future capacity can be added by simply upgrading or duplicating radio links. Seal -healing, Point to Consecutive Point, Ring architecture (meaning that a link can go down and traffic is instantaneously re-routed another direction, with no loss of service) 100-300Mbps full duplex nominal capacity, up to 1Gbps full duplex direct connection available. This is more than 130 times the Federal definition of Broadband — ensuring capacity for years to come. Utilizing approximately 60 towers at final build -out, 30 for baseline network, this will provide access to the network from anywhere in the RACK. (Same 100% performance coverage in each region) Links designed to minimum of five 9's reliability. Exceeding industry standards for even fiber networks Technical Features Utilizes Microwave Radios - Digital - Ethernet -based - Licensed Bands; 11, 18, 23, 80GHz - License -Exempt Bands; SGHz, 24GHz, 60GHz - Interfaces; Ethernet, Coaxial, Optical, Low Voltage DC Layer 2 and 3 Switches - CLI-based UI - Advanced protocol implementation (VLAN, RTSP, OSPF, etc) - Ethernet, Optical Interfaces - Security Implementation (DoS, Intrusion Protection, etc) Intelligent Network - SNMP monitoring programs - Advanced OSI layer (QoS, Application Layer, etc) - Security Implementation (DoS, Intrusion Protection, etc) • Power and On -site Security - Remote Power Management - Security and Alarming Integration - Environmental Monitoring Integration The Network design is nearly identical to that utilized in the only successful Round 1 Grant Application in Florida. The validity and efficiency in delivering High-speed capacity for anchor institutions and last mile providers has been proven by the successful submittal by the North Florida RACK through its creation of the North Florida Broadband Authority. The structure of the FRBA entity and its network has been modeled after the successful model of the NFBA. Further, the grant development and management team employed by the NFBA has been retained to assist the FRBA with the professional, legal and technical aspects of the development of its Round 2 application. This design and application represents Florida's best opportunity to bring Broadband Stimulus funding to our region in this final round of funding. Thanks again for your consideration. Urgency is placed upon us by a very tight period for responding before the Federal application deadline. We must begin to submit our application on March 19`h, so expeditious consideration and action is greatly appreciated. If there are an y questions, need to brief on our network plans/grant application, please let us know as soon as possible r others we Best regards, The Florida Rural Broadband Alliance Strategy for Pursuit of Stimulus Funding for a Fixed Wireless, Middle Mile Grant Application in Round Two Round 2 Guidance from NTIA o Workshops suggested using Round 1 Winners as a guide o Only Infrastructure Grant Awarded in Florida in Round 1 was the North Florida Broadband Authority — Representing the North Florida RACEC o Emphasis on connecting the Anchor Institutions — in a "Comprehensive Community Infrastructure" Lessons from Round 1 o Strength in Numbers • Large Proposed Service Areas are more attractive than smaller ones • Propose connecting maximum number of Anchor Institutions — substantiate with support letters/Letters of intent o Value — biggest bang for the buck • The dollars must be proportional to the numbers (population, anchor institution aw etc.) being served Lessons From Round 1 - Theme Due Diligence Experience o Experience from the North Florida Broadband Authority Team Highlights — be responsive and be able to support your claims and decisions o Technical Approach - Objective and Credible o Financial Model • Realistic/Supportable Assumptions • Reasonable Cost to Deploy/Maintain/Operate-B Value More from Due Diligence - Round 1 o Governance • Strong support Public Oversight • Transparency — beyond just NTIA reporting o Management • Looking for Executive Level Telecommunications Credentials Leading Management Team/Company • Open, competitive procurements required b existing Department of Commerce Rul The Florida Rural Broadband Alliance o Combined interests of Northwest Florida and the South Central RACECs and Formed FRBA — an LLC o FRBA to submit single application for two separate networks — one serving each RACEC o Approach and Strategy modeled after successful North Florida RACEC Application The Strategy for Round 2 - Replicate success of NFBA for Florida Rural Broadband Alliance o Governance • Board of Governors — each RACEC equally represented • Appointees selected by local Government (8 each, with FHREDI and Opportunity Florida also with a seat) o Management • Will leverage contracts for Management and Legal Services pes • Will by Department Of Coen and Competitive-mmerce as Systems Integration/Project Deploy' Proposed Service Areas Map of Proposed Service Areas (Blue Outline) Round 1 Grant Awarded to NFBA (Black Outline) Demonstrating the Need - Education Chart illustrates the High School graduation rates in the Proposed Service Areas Darkest Orange/Yellow indicate the lowest graduation rates High Value Network Design o Microwave, Fixed -Wireless Network -extremely flexible, and future proof o Seal -healing, Point to Consecutive Point, Ring architecture 0 100-300Mbps full duplex nominal capacity, up to 1Gbps full duplex direct connection available. e Utilizing approximate)y 60 towers at final build -out, 30 for baseline network, this will provide access to the network from anywhere in the RACEC. (Same 100% performance coverage in each region) o Links designed to minimum of gg.gW% reliability. Exceeding industry standards for even fiber networks o Though the networks may differ slightly — they will be identical in approach, technology, architecture, an importantly - performance The North Florida Network The NW Florida RACEC - Preliminary Design _ .... _ Blue represents wireless Lii between +, towers — Orange is t point of connection fiber backbonam The Heartland RACEC - Preliminary Design The Applicant o Florida Rural Broadband Alliance, LLC • Limited Liability Company • Directed by Board of Governors • General Manager and General Counsel oversee network, manage contracts and procure service Providers Blue represents the wireless link between towers and Orange whc the network connects to the fiberbackbone The coverage rings indicate maximum distam o Board of Governors • Equally represent each of the RACECs • Each County appoints a representative to Board • SVategic Relationships and Business Development supported through FHREDI and �t Summary o Final Opportunity to Leverage Federal Stimulus Funding to remove the "Digital Divide" o Combined Application provides strength in numbers and delivers high -capacity network for use by both public and private entities (last -mile providers) o Using Successful Business and Technical model — makes it hard to be turned down o FRBA directed by local government representatives — provides transp . I and objectivity l We need your support - N o Letters of Support — Need them ASAP • Deadline of March 19'^ • Fax to 866-856-9519 o Please call with questions EXHIBIT 3 RESOLUTION NO. 09-o MAR 16, -2010 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA NOTIFYING PUBLIC RISK MANAGEMENT OF FLORIDA (PRM) OF THE CITY'S INTENT TO WITHDRAW FROM PRM'S PROPERTY AND CASUALTY SELF-INSURANCE POOL; PROVIDING AN EFFECTIVE DATE. WHEREAS, Public Risk Management of Florida (PRM) and the City of Okeechobee FI into an Intergovernmental Cooperative Agreement for the oring entered Purpose of f Management and Self -Insurance Association; and orming a Risk WHEREAS, given the current economic conditions, the City finds it prudent to request bids from insurance providers to ensure the City is receiving the maximum value for the dollars rs spent; and dollars ' Intent to Withdraw upon the Executive Director of the pool and that same be accompanied written Notice of a resolution of the governing body of the Member electing to withdraw from the pool. by WHEREAS, Article 4, Section 4.2, of said agreement requires the City to serve a w NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, presented at a duly advertised public meeting; and passed by a majority vote of the rCity Council; and properly executed by the Mayor or designee, as Chief Presiding City that: n g Officer for the SECTION 1. The City of Okeechobee, Florida hereby notices Public Risk Management of the Ci ' to withdrawal from the Property and Casualty Self -Insurance pool. ty s intent SECTION 2. The City Administrator is hereby authorized to transmit the Notice of Intent to With Executive Director of PRM. draw to the SECTION 3. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in regular session this 17'h day of March 2009. James E. Kirk, Mayor CLERK'S CERTIFICATE Serving Florida Public Entities Brian Whitehall, City Administrator Cit.- cf Okeechobee 55 S.E. Third Avenue Okeechobee, Fl. 34974-2932 March 26, 2009 Re: Notice of Intent to Withdraw Membership Property Casualty Pool Dear Mr. Whitehall: We received your letter of intent to withdraw membership from Public Risk Management of Florida Property Casualty Pool effective March 31, 2010. The By -Laws, under Article 4.3. Actual Withdrawal/Reguired Withdrawal- requires that You serve in writing to the Executive Director by mail, fax or hand delivery on or before February 15, 2010 verification as to whether the City intends to actually withdraw from the Pool at the end of the current policy year. Failure to serve such verification will be deemed a revocation of the prior notice of intent to withdraw; thus binding the City of Okeechobee to PRM for the ensuing policy year. I also refer you to Article 4.3. and 16.2. Responsibilities of Terminated Member that addresses run-off expenses that may be incurred by the terminating member. The City of Okeechobee has been a valued member of the Property Casualty Pool since 1999 and we hope that you will remain a member in 2010. Sincerely, guady Hearn, Asst. Exec. Director Secretary, PRM Board of Directors c: Ross Furry, Executive Director, PRM John Litton, Chairperson, PRM Board of Directors Don Roper, Esq. Andy Cooper, World Risk Management, LLC Sharon Allison, Insurance Coordinator, PRM Board Member FC,FIVFFI ;`~h; f 0 "009, 3434 Hancock Bridge Parkway. • Suite 203 • Fort Myers, Florida 33903 (239)656-4666 • (800)367-1705 • Fax (239) 656-1066 OF'Ok�� G O,s m C*ty of Okeechobee Brian Whitehall Office of the City Administrator March 16, 2010 Mr. Ross Fury Executive Director Public Risk Management 3434 Hancock Bridge Pkwy, Suite 203 Fort Myers, FL 33903 Dear Mr. Fury: Previously our letter dated March 23, 2009 advised of our City,s intent to withdraw from the Public Risk Management Property and Casualty insurance pool. The City Council hereby rescinded withdrawal from the PRM insurance pool at the March 16, 2010 council meeting. This letter serves as notice that we are continuing as a preferred member of Public Risk Management for the 2010-2011 year. Should you have any questions regarding this matter, please feel free to contact me. Sincerely, Brian Whitehall City Administrator 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 E)MIMT 4 ORDINANCE NO. 1058 MAR 16, 2010- AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, -567 ORDINANCE NO. 716, DIVISION 5 THEREOF, INCLUDING SECTIONS 90 THROUGH 90-570, SECTIONS 90-572, 90-573, 90-580, 90,583, 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; NONCON- FORMING 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 regulation of signs within the City, to provide to the public a uniform ts gntregu rin egula- tion 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 fthe 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 I. 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). (a) Signs in Non-residential Zoning Districts (no permit required). (10) Signs in Commercial and Industrial Zoning Districts (no permit required). e d. 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. 2 e."Stick -back" window coatin s or thin coverin s affixed to the outside of windows by an adhesive shall not be counted as part of the allowable area for building signs. 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, except where permitted as temporary signs. Sec. 90-569. Sign area computation_ (b) For building signs, except murals and noncommercial artwork, 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) (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. Further, these signs shall not be counted as part of the allowable number or area of freestanding or building signs. (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 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. 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. or- other- aeti'Vit_ &€We)- (3 2) 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 construc- tion of the project. 91 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 31) 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. 05 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. Sec. 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, side Of (for example, if the width 4 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 No sin le building sign on gny one side of a building shall exceed 60 square feet of sign face area except that such size limit shall not apply to a building sign facing parallel to US 441 or SR 70 when the sign is located on a single -use building located on prope fronting on US 441 or SR 70. (� 3) 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 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 (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, et from any street side li pedestrian walkwsigns y and no closer than five shall be securely anchored to a wall and shall n no maroperty nner be line. All such signs s connected to or suspended from the roof of any building. Sec 90 573 Limitations on the number and type of signs. The following limitations shall applygpply to the number and We of all signs except teMporga signs, and building signs covered under Sections 90-570 and 90-572 respectively. a) T, conditions: e area and 20 feet in hei ht,and shall not becloserthan 250feet torefeet in sign residential district. (2) Seeti— 90 Inflatable wind signs, search lights, and spot lights_(permit required). permitted on a single lot or parcel Inflatable wind signs, search lights, andspotlights 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, No such inflatable wind sign, search light, or spot light shall be placed on the public right-of-way. permit required) a. Not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions 1. The total area of such si s shall not exceed 48 s uare feet. 2. The maximum size of any banner shall be sixteensquare feet in area and eight feet in height b, (b) Total area of all signs identified in subsection 1 c above shall not exceed 48 square feet. ea of other si s Sec. 90-580. Placement standards. (a) 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 Co or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. (c) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. (d)��e sign or- &ign stmetufe shall be within 15 feet of the outside boundary efeffy-Publie disteqee to the sign s building any residential zoned distfiet-, or- ma�, be affixed or- pgnte�� ee All signs on private property shall be located in conformance with the minimum yard regulations of the district in which the sign is located u except that signs in street ids shall complycoMply with the following requirements and limitations. (1) No part of any sign shall be located closer than one foot to the property line; and, 2 For signs on corner lots and located within the visibili1y triangle, the bottom of the sign shall be at least ten feet above the crown of the adjacent road or the top of the sign shall be less than two feet six inches above the crown of the adjacent road. Sec. 90-583. Nonconforming signs. (U Freestanding so made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance ofe feet from any property line... Sec. 90-588. Signs and artwork not qualifying as murals. (a 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. (b Artwork on walls or other external building areas which contains no commercial messages, and which is not considered a mural due to the fact that it is not a painted art form (e.g., wall paper or another material other than paint) are not considered signs and shall not be counted as part of the allowable area for building si s. Such artwork however, shall not exceed 100 square feet in area. Sec. 90-589. Unsafe locations and offensive signs prohibited (a) As determined by the City Council, no sign, mural or artwork subject to this Section may contain any picture, representation, graphic or display, that the average citizen, applying 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 (b) No sign,_mural or artwork may be in such proximity to the road or right-of-way 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 of 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2010 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney The Updates! from the City Administrator's Desk SS SE r Ax y Okeechobee, FL 34974 _ 1916°' '°' City Hall — 763-3372 Council meed 1692010 • Sign/banner Ordinance #1058 — the updated ordinance w/ info discussed at the 2/16/10 mtg and a brief memo on some other unrelated house- keeping issues have been attached to the end of this report. • Gen Liab Insurance — The actual premiums are still not avail as of the date of this report. There is a PRM Board meeting that our Sharon Allison attends on Fri, 3/12/10. 1 hope to have the premiums avail shortly thereafter. The City must rescind the withdrawal notice we sent them months ago in order to maintain coverage effective 4/1/10, so have incl same on the Agenda. • Broadband - FL Heartland Rural Ec Devel Initiative (FHREDI) requests support letter for their 2"d round grant application for the Stimulus funded Broadband Technology Opportuntiy Program. Ex Director, Lynn Topel, is on the Agenda to explain the particulars. • Ord #1057 — Land use change for 200 SE 3rd St from residential to commercial to accommodate a home health care office is on the Agenda. • Mayor/Commissioner/OUA mtg —As mentioned in email on 3/3/10: The Mayor and I met with John Hayford, Commissioner Noel Chandler and Adm Lyndon Bonner today and discussed some issues incl: * Set up some housekeeping issues such as meeting quarterly... monthly at first. Inviting parties that can provide clarity to issues, such as SFWMD. Opted against a post meeting News Release process (to media) Agreed to this format in favor of a meeting of all members of each agency ... at least for the time being * OUA trip to Washington last week to discuss financing with the help of a federal lobbyist. They continue to look at financing some 2000+/- water customers with sanitary sewer in the Treas Island area. * Discussed effectiveness of lobbying efforts in general mostly at the State level. Suggested visit to Tallahassee * Ec Council organizing the legislative day activity and their efforts * EMS fee assessment shortfall and a 1 % sales tax proposition * LS9 biofuel project and its potential economic benefit to the area * Impact fees, suspension, or setting up a payment method for those assessed * County's assessment of a permit fee process, as it relates to OUA's road intrusions * OUA's issues with a consumptive use permit and the fallout of not securing a solution... adversity to the County and City's Comp Plan approval by DCA • DOT and CSX crossinq —Expect March 26th start date for repair on the crossing, lasting approx a week. Page 1 3116110 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. • CDBG aAplication —The CDBG categories for the 2009 round, discussed at the 2116110, meeting incl: " Housing Rehabilitation (unsuccessful last year) u Neighborhood Revitalization 13 Commercial Revitalization (City secured for Commerce Park) u Economic Development (City secured this grant for downtown) Attorney: • Litigation/mediation on the billboard issue — On 3/2/10 the Atty representing PRM sent a letter to Atty Ramunni following up on the matter. 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 1112110 Atty Cook and / met in mediation w/Atty Steve Ramunni and his clients in Ft Meyers at the office of our insurance company's atty Robert Shear -man, 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. • Animal Control Interlocal Agreement — No meeting has been rescheduled with the County (the County called this meeting now a few months ago to, / suspect, discuss increasing fees) City Clerk: • Legislation on public record access and fees — See attached. Finance: • fidget — The City has been notified that the FL CPI (the per capita personal income used as part of the City's ability to give an inflationary increase to our millage) is actually down, 1.89% for 2009. As of this date, we have no idea what a millage `rollback' rate might be. Remember the rollback or roll forward is the rate determined to generate the same amount of taxes as was produced in the prior year. Last year, the City ignored the increased inflationary adjustment and ignored the roll forward alternative all to benefit the citizens. We kept our millage rate the same, in other words. This year with the <1.89%>, the City will be required (inside of the simple majority vote rule) to decrease the rate by that much. This illustrates the State's ability to mandate that we lower our rate, without considering our past history of frugality! Page 2 3116110 Activity report cont'd • An editorial recently published describes FL budget issues as: - A decline in property values so precipitous that they are unlikely to return to the levels achieved during the boom. Local governments built their dreams — and their residents' expectations about what services a local government should deliver — on the level of taxes they collected when property values were high. - Florida's dysfunctional and inequitable tax structure, which is too dependent on property taxes and sales taxes, both vulnerable to economic downturns. - Out -migration from Florida. For decades, this state powered its dreams on income from growth. That income source appears to be drying up as more people move out of Florida and fewer people move in. A state Legislature that flexed its muscles by capping revenue growth for city and county governments — but still dumps unfunded mandates on those local governments. Florida voters' approval of amendments to the state Constitution that cap property tax assessments for homesteaded property and allow those homeowners to carry the tax break with them when they move Audit — Expect the Financial report to be presented at the April 6th Council meeting. Millage info — Attached is a chart reflecting various millage rates. I would qualify the rates by saying many communities do not assess for services like we do. For example, the City's Fire Dept budget is approx $1.2 million from an ad valorem revenue source estimated at $2.1 million. While the City's Fire Dept is not solely funded by ad valorem taxes, you can see the impact. As a comparison, Fellsmere has a Volunteer Fire Dept and Frostproof has no Police Dept. The point is that it's difficult to find an apples -to -apples comparison. Audit RFPs — Developing proposals for the service, using India Riedel's membership to the FL Gov Finance Officers Assoc (FGOFA). She also has now borrowed additional info from the City of Melbourne. As with other RFPs for professional services, there is an evaluation process by a committee. The FL § describe that committee function as it relates to the audit. Safety Committee — met and has now arranged an OSHA -like inspection thru PRM for all Departments, scheduled for April 27tt'. I think this is an important step to confirming our commitment to a renewed safety effort. 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 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. Page 3 3116110 Activity report cont'd Fire: 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. Union issues - Viewed a webinar on collective bargaining 3/10/10 and found most of the principles simply common sense. While the presentation was geared to larger towns referring to a negotiating team headed by the HR personnel w/ the Admin left out, the labor attorney always present, etc, it was strongly urged that if/when there is a negotiation process by the Council, it be done in executive session. Union discussion outside of open meeting - I've had conversations w/ the City Clerk and the City Atty about negotiations taking place in the 'sunshine' and I'm aware that the open meetings act provides that requirement. I posed the question of meeting with Union reps to discuss the contract to the panel comprised of managers from W Palm, Ocoee and Palm Bay along with labor atty from Ford & Harrison and found that conversations about what the Union is asking for, apprising the Union of the City's financials, addressing Personnel policy issues, etc are clearly legal. The `negotiation' of the contract is to be done in an open meeting. believe that is exactly what the City is doing, as evidenced by my presentation to the City Council. General Services: • Gen Services Coord Betty Clement hoping to return to work on 3/15/10. • Tech Review Comm - There's no March TRC meeting scheduled. In April we have at the least the Nunez parking lot plan scheduled. • Comp Plan Evaluation and Appraisal Report (EAR) — that we examined on 1113109, was sent to DCA for approval. • 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. Public Works: • Curb around medians on SW 5th Av - The project consists of 2000 linear ft at $13,000±. Spoke to Vest Const and they indicated they hoped to start next week (Mar 15th). The Notice to Proceed was given 2/16 with a project completion date of Apr 17tn • Street Asphalt program bids — Have been kind of waiting on Betty to return to perfect the bid docs... not a lot of urgency. Again, the City budgeted $300k. Page 4 3116110 Activity report cont'd Stimulus funded sidewaro ram — started 2117/10 on SW 7th A as part fo the 1sr phase. The 2"d lk phase is expected for bid opening on 3/18/10, which according to DOT's bid docs includes about 13,500 fin ft. described as follows: Design and Construction of Okeechobee Sidewalks at various locations in the City of Okeechobee, Okeechobee County (FPID No. 427989-1-52-01, FAP ID. ARRA 60813). The locations are NE 6th Street from NE 2nd Avenue to NE 6th approximately 1850 LF); NW 6th Street from US 441 to NW 1 lth Avenue (approximately 4180 LF); NW 9th Street from US 441 to NW 8th Avenue (approximately 2850 LF); SE 7th Street from SE 9th Avenue to SE 13th Avenue (approximately 1250 LF) and SE 9th Avenue from SE 7th Street to SE 8th Drive (approximately 3364 LF). Side arm mower -tractor urchase — I wish to delay award of the arm tractor -mower until the April 6t Council meeting. The bid specs give the City 90 days from bid opening (3/4/10) to award. The bid tab is attached to this report and it appears that the Creel Tractor Co bid of a New Holland T5060 is the low bid. But Donnie suggested that, according to the specs, there's an operator controller issue that needs clarification. Further, I suggested Donnie/Cleveland or Alfred go and look at the equipment... long drive, but it's an expensive piece and I want to assure it's what we want. End... Page 5 morrlslike' ), originally published Mardi 10, 2010 Public records could be free Online , Elms By Paul Flemming Florida Capital News Print Email to a friend 'lzt..` Subscribe Floridians could et public records free of charge if it takes less g p g • State economists predict than 30 minutes to produce them under a Sunshine law revenues will increase for to Sine Die overhaul bill unanimously approved by its first Senate first time in 3 years Tuesday. _13 51 committee !!„BBB Among other changes, officials would have to get open -government training and extra charges for taking out personal information from public documents would end in 2013. ' wwam= -ADVERTISEMENT- The vote came over the challenges by the Florida League of Cities whose Staf►da capital Sur© lobbyists objected to key provisions. call us if you have sto tips or ideas: "The redacting issue alone is a huge problem," said Rebecca O'Hara, assistant general counsel for the Florida League of Cities. "Cities can't recover the costs of doing this. Then the question becomes, " !or,50-67 Flemming,6 Editor, who is paying for it and the answer is the taxpayers are paying for this." 5Bus 0 J Ash, B re6,V Jim 45h, Bureau Ct Sen. Paula Dockery is sponsor of the Senate bill. The Lakeland Republican served on the BEO-671-6547 a Bill Cotterell, Governor's Commission on Open Government that traveled the state to get public input and made di[or, 850 671-6545 ,-4Sc ,ecommendations for the legislation. Rep. Clay Ford, a Gulf Breeze Republican, has the same bill h the House. =lorida's Sunshine laws are hailed as leaders in the nation. The bill would put public -records and )pen -meetings laws under a single, more -uniform chapter in state statutes and make numerous ,hanges to details of the laws. "t would caution, Sen. Dockery, going forward, cities may consider this an unfunded mandate," said Sen. Mike Bennett, chair of the Community Affairs Committee that passed the bill. Dockery said she and her staff would discuss the bill with the League of Cities. The bill calls for an end to charges to redact personal information required by law — Social Security numbers, for example, and exempted names — by Jan. 1, 2013. "They brought up a litany of concerns at the last minute" Dockery said. "We'll be happy to work with them." Barbara Petersen, president of the Florida First Amendment Foundation and chair of the commission, said the League's challenges were misplaced. 'They already have responsibility for," redacting personal and exempt information, Peteresen said. "Redaction should be less expensive and easier (over time), but it shouldn't cost them a lot." Now, governments may charge 15 cents per page of printed records or actual costs for producing non -paper records. The bill would change that to make records free if they take less than half an hour to produce. "If it only takes 30 minutes ... there's basically no charge for that," Ken Pratt, a League of Cities lobbyist, told senators. "We think city clerks ought to be able to get a reasonable fee, even if it only takes 30 minutes. We want to protect those cities that have small city clerk departments." Petersen said the bulk of complaints heard by the Open Government Commission during months of testimony was about local governments. She said that's to be expected, as there are more local -government agencies. ti) i .T7#21~i L S`fiCLtiIANS' `".. Bill Corterell: TaxWatch team searches for some savings March 5, 2010 Longtime House clerk and historian Allen Morris kept a chalkboard list with little lessons of legislative life — some Spoken during floor debates, others gleaned from his love of Ad Links Hair Uptions Women with thinning hair now have a new alternative to wigs. 386 3911 www.hairoptions.com 7.0000 411111111 4.0000 3.0000 FUIZIXII Where was the City compared to surrounding tax districts? p0 o\� G Q Oo5 �Ar�a 00 P�Ga oy�Q� pG lac CITY OF OKEECHOBEE , FL SIDEARM MOWER TRACTOR BID Bids opened Mar 4 2010 1:00PM Vendor 1 Glade & Grove Suppl 1006 S. Main Street Belle Glade, FL 33430 2 1 Creel Tractor Co. #1 3771 Palm Beach Blvd Ft. Myers, FL 33916 3 1 Creel Tractor Co. #2 3771 Palm Beach Blvd Ft. Myers, FL 33916 Tractor/mower model Co. ICaselHFarmall105U EH1P,PTO-90 (@2300rpm) AENNNE'/economy position PTOTS-20 48"flail grass head add $1000-flail brush head - $77,250 Kabota M108S 108HP, PTO-96 TerrainKinq 20' New Holland T5060 105HP, PTO-90hp Hydraulics pump-21 gpm (Spec22.5 Versa Boom 20' 4 Everglades Farm Equipmnt Co. John Deere 5101 E 820 Hwy 98 North 99HP, PTO-82hp Okeechobee, FL 34972 Versa Boom 20' Note: w/ local vendor pref-target is $76,803 (bid #3X105% Bid Price $76,250.00 $84,979.00 $72,955.00 $78,285.00 End.... Planning; Manag ent Services, Inc. Memorandum To: Mayor and City Council From: Bill Brisson Date: February 24, 2010 Subject: Revised sign regulations per direction at the February 161h City Council meeting. Following are brief descriptions of proposed changes to the sign regulations as a result of, or subsequent to, the City Council workshop on February 16, 2010.briefly describes the substance of the changes contained in the ordinance on the following pages. In accordance with the direction given by the City Council at the February 16`h workshop, Section 90-573 (c) has been modified to allow up to three portable signs, banners or non - inflatable wind signs on a lot with one single -occupancy building with a limit of 16 square feet in area and eight feet in height for any single such sign and a maximum of 48 square feet in area for all three signs. For lots or parcels with multiple single -occupancy buildings or one or more multiple occupancy buildings, each unit shall be allowed to have one portable sign, banner, or non - inflatable wind sign. 2. After further review of the existing sign regulations, we noticed that Sec. 90-583 (1) contained a reference to a minimum sign setback of five feet from the property line. This is not the inappropriate setback and the reference to the size of the setback should be deleted. The following ordinance includes the changes noted above. These have been highlighted for ease of reference. All other changes which have been previously discussed are simply underlined to identify new text, and text to be deleted is in 'eeut format. Should you have any questions prior to the 1 S` reading of the Ordinance, please call us and we can discuss your concerns or comments. Providing planning and Management Solutions for Local Governments Since 19RR 13 /1 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 inforu•larueplanning.com 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 90-56 9 THROUGH 90�70, SECTIONS 90-572, 90-573, 90.580, 90,583, 90-688 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; NONCON- FORMING 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 9 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: DIVISIONS. SIGNS. Sec. 90-567. Exempt signs (no permit required). (a) Signs in Non-residential Zoning Districts (no permit required). (10) Signs in Commercial and Industrial Zoning Districts (no permit required). e d. 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. E e."Sticl -back" window coatings or thin coverings affixed to the outside of windows by an adhesive shall not be counted as part of the allowable area for building signs 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, except where permitted as temporary signs. Sec. 90-569. Sign area computation_ (b) For building signs, except murals and noncommercial artwork, 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. wed 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. Further, these signs shall not be counted as part of the allowable number or area of freestanding or building signs (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 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. 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. EMETTIRTIM PRIM (3 2) 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 construc- tion 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 3) 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. 05 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. Sec. 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, (for example, if the width 4 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. ... —xis— 11unig sign on any one side of a building shall exceed 60 square feet Of sin face area exce t that such size limit shall not Uply to a bgilding si n facing parallel to US 441 or SR 70 when the sign is located on a single use building located on propegy fronting on US 441 or SR 70. R 3) 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 suns or marquee suns. 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 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 (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. Sec. M-57 K Limitations on the number and type of signs. and buildinR signs covered under Sections 90-570 and190-572 rest ectivelx( 5 devices shall be located on any lot or parcel atanyone time sub ect to then ollowinlE conditions: (1) Ground suns and pole suns (permit required) 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. (2) SeetiOfl-90 573. Inflatable wind signs, search lights, and spot lights_(permit required). Not more than one inflatable wind sigm 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: 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. permit required) a. Not more than a total of three such signs shall be allowed on a single lot or parcel and only under the following conditions: 1. The total area of such signs shall not exceed 48 square feet. 2. The maximum size of any banner shall be sixteensquare feet in area and eight feet in height (b) Total area of all signs. �- �� Flu �i� �� is is iimitect to one square foot for each linear foot of propeqy on a frontage street Plus ones uare foot for each two linear feet of propegy on side streets. In addition the total area of other signs identified in subsection 1 c above shall not exceed 48 square feet. Sec. 90-580. Placement standards. (a) 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 6 or right-of-way, and the owner of the sign, or with the written approval of the City of Okeechobee. (c) No sign or sign structure shall be erected that impedes the use of any fire escape, emergency exit or standpipe. ft-M A.I�I.,- wiui Lne minimum yard regulations of the district in which the sign is located except that signs in street yards shall comply with the following requirements and limitations of the sign shall be less than two feet six inches above the crown of the ad' cent road. Sec. 90-583. Nonconforming signs, Freestanding s4made nonconforming at the initial date of these amended regulations which are not in compliance only with respect to the minimum required distance offive €ee4 from any property line... Sec. 90-588. Signs and artwork not qualifying as murals. O 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. (b) Artwork on walls or other external building areaswhich contains no commercial messages, and which is not considered a mural due to the fact that it is not a painted art form (e.g.,wall paper or another mate,-;�] ,.+t,o_., _ _ • _ however, shall not exceed 100 square feet in area. Sec. 90-589. Unsafe locations and offensive signs prohibited (a) As determined by the City Council, no sign, mural or artwork subject to this Section may contain any picture, representation, graphic or display, that the average citizen, applying 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 (b) No sign mural or artwork may be in such proximity to the road or right-of-way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. SecSec-=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 2010. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2010 ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 1 of 1 bwhitehall From: <bill@larueplanning.com> To:<bwhitehall@cityofokeechobee.com> Cc: <rbrockl@cityofokeechobee.com>; <vickie@larueplanning.com> Sent: Tuesday, February 23, 2010 11:37 AM Attach: REV sign regs 2-24-10.doc Subject: revised Sign Regulations Brian, Hope you had a nice weekend. I've made the changes to the sign regulations for the first reading of the ordinance. Will this be on the Agenda for the March 2nd City Council meeting, or for the meeting on the 16th? If it's to be on the 16th, would it be appropriate to include a few other technical changes to the LDC that have been left hanging? Specifically, the following: (1) Reference limiting the one allowable residential unit per commercial building to only a location above ground floor commercial. (2) Change LDC so there is consistency between min. 8' distance for parking from R/W line and min. 10' perimeter buffer along roadways. (3) Change sidewalk requirements to ensure that they are required for all development except an individual single-family home on a single platted lot. (4) Change landscaping requirements to make clear that all development except an individual single-family home or duplex structure on a single platted lot is required to provide a landscape buffe In the meantime, I've attached the memorandum to the City Council regarding changes to the Sign Regulations. However, we need the ordinacne number. I look forward to your comments. Bill 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.larueplanning.com 2/23/2010