Loading...
2010-10-191 CITY OF OKEECHOBEE OCTOBER 19, 2010 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II I. CALL TO ORDER - Mayor: October 19, 2010, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Ms. Nancy Vaughan, First United Methodist Church; Pledge of Allegiance led by Mayor. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Lowry Markham Council Member Mike O'Connor Council Member Dowling R. Watford, Jr. Council Member Clayton Williams City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PRESENTATIONS AND PROCLAMATIONS - Mayor. A. Proclaim the month of October 2010 as "IRSC Month." Mayor Kirk called the October 19, 2010, Regular City Council Meeting to order at 6:00 p.m. In the absence of Ms. Vaughan, the invocation was offered by Pastor Bruce Simpson of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mr. Sam Smith, Provost of Indian River State College, was present to receive the `IRSC Proclamation,' Mayor Kirk read the proclamation in its entirety as follows: "WHEREAS, established as the region's first institution of higher education in 1960, Indian River State College is celebrating its 50' Anniversary year; and WHEREAS, IRSC first began offering college level classes in Okeechobee at a store front location in downtown Okeechobee in 1972, and WHEREAS, opening in 1986 on 45 acres at 2229 NW 9' Avenue, the Dixon Hendry Campus has expanded educational opportunities for thousands of Okeechobee residents; and WHEREAS, a second educational building was opened in 2000, doubling the amount of classroom space and expanding IRSC programs in practical nursing and emergency medical services while bringing a new level of technology to the students sol OCTOBER 19, 2010 - REGULAR MEETING - PAGE 2 OF 8 11 AGENDA III COUNCIL ACTION -DISCUSSION-VOTE 11 IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. A. Proclaim the month of October 2010 as "IRSC Month" continued. (Continued from page 1) at the Okeechobee Campus; and WHEREAS, in 2008, the opening of the Williamson Conference and Education Center launched a new era of education, business and community opportunities in Okeechobee, providing a state-of-the-art Conference Center supporting economic, cultural and business development, and WHEREAS, in 2010, 135 Okeechobee students graduated from IRSC, a record class size with Okeechobee residents earning Bachelor's Degrees, Associate in Arts andAssociate in Science Degrees, increasing their potential for career advancement, and WHEREAS, Indian River State College has played a vitally important role in the economic development of Okeechobee and has contributed immeasurably to the quality of life in Okeechobee. 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 October 2010 as `IRSC MONTH" in the City of Okeechobee." Mr. Smith thanked the Council for their support of the college. B. Recognize the distribution of Buddy Poppies the week of November Commander Mark Dunham of the Veterans of Foreign War, was present to receive a proclamation, which was read 7 to 11, 2010. in its entirety by Mayor Kirk as follows: "WHEREAS, the annual distribution of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1992, and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and WHEREAS, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living". NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through your donations for Buddy Poppies on November 7 -11, 2010 set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American Citizens." C. Present a 20-Year Service Award to Floyd Selph. Mr. Floyd Selph, of the City's Public Works Department, was not present to receive his 20-Year Service Award, a $250.00 check and a plaque of longevity service and appreciation. Clerk Gamiotea will forward these items to Mr. Selph. D. Present a Certificate of Appreciation to Louise Chandler. Mrs. Louise Chandler graciously accepted a Certificate of Appreciation, presented by the Mayor, which read: "Office of the Mayor, City of Okeechobee, Florida, extends this expression of appreciation to Louise Chandler. In Recognition of her Service to the Community. The City and Your Fellow Citizens have Benefitted Greatly by your unselfish Dedication in the Performance of your duties as member of the Pension Board of Trustee's Police Officer's Fund November4, 2003 to May 10, 2010."Mrs. Chandler thanked the Council for this opportunity. OCTOBER 19, 2010 - REGULAR MEETING - PAGE 3 OF 8 li AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. ITEM ADDED TO AGENDA: Presentation from Police Chief Davis. Mayor Kirk offered the floor to Police Chief Davis who took the opportunity to give special recognition to Detective J.P. Zeigler and Senior Officer Skip Eddings for their excellent job performance in the apprehension of the armed robbery suspect. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the September 28, 2010 Regular Meeting and September 28, 2010, Regular Meeting and Final Budget Hearing; seconded by Council Member Markham There was Final Budget Hearing. no discussion on this item. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. WARRANT REGISTER - City Administrator. 11 A. Motion to approve the September 2010 Warrant Register: Council Member Watford moved to approve the September 2010 Warrant Register in the amounts: General Fund, four hundred seventy-eight thousand, two hundred dollar and eighty-nine cents ($478,200.89); Public Facilities General Fund ................................ $478,200.89 Improvement Fund, three hundred thirty-six thousand, three hundred sixty-two dollars and thirty-three cents Public Facilities Improvement Fund ............... $336,362.33 ($336,362.33); Capital Improvement Projects -Impact Fee Fund, twenty-nine thousand, ninety-two dollars and ninety - Capital Improvement Projects -Impact Fee Fund ...... $29,092.95 five cents ($29,092.95); and Capital Improvement Projects Fund, twelve thousand, ninety-two dollars and ninety-five Capital Improvement Projects Fund ................ $12,092.95 11 cents ($12,092.95); and 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. VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? agenda. Public Hearing Item, VIII. A., and New Business Item IX. A., were removed. New Business Item A. B, was added. 5 0 q- OCTOBER 19, 2010 - REGULAR MEETING - PAGE 4 OF 8 AGENDA VIII. OPEN PUBLIC HEARING FOR THE ADOPTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESOLUTION - Mayor. A.1. a) Motion to adopt proposed Resolution No. 10-11 authorizing the Item was withdrawn from the agenda. filing of the City of Okeechobee's Fiscal Year 2010 Florida Small Cities CDBG Housing Application - Nancy Phillips, Grant Administrator (Exhibit 1). b) Public comments and discussion C) Vote on Motion IX. NEW BUSINESS. A. Fair Housing Presentation for Elected Official ans and the General I Item was withdrawn from the agenda. Public pertaining to the Fiscal Year 2010 Community Development Block Grant - Nancy Phillips, Grant Administrator. COUNCIL ACTION - DISCUSSION - VOTE B. Recognition of a Resolution opposing Amendment 4 by the Mr. Jeff Sumner provided the Council with a copy of a resolution adopted by the Economic Council of Okeechobee, Economic Council of Okeechobee - Jeff Sumner (Exhibit 2). Inc., to oppose Amendment No, 4. He briefly commented that should Amendment No. 4 pass, it would bring higher taxes, loss of jobs, cost of litigation, and would be devastating to the economy for all communities. Voter approval of changes to all Comprehensive Plans would result in extra hearings at the expense of tax payers, also, the expense of educating the public. Also, more tax payers dollars would be spent to educate the public to make informative decision. He thanked the Council for their support. C. Recognition of a Resolution opposing Amendment 4 by the Council Member Watford provided the Council with a copy of a resolution adopted by the Treasure Coast Council of Treasure Coast Council of Local Governments - Dowling Watford Local Governments to oppose Amendment No. 4. The resolution addresses that this would be a time-consuming and (Exhibit 3). costly process for businesses locating or expanding in Florida; it will impede efforts to growth and diversify Florida's economy; it will result in added costs to our local governments, weaken public services and add heavier burdens on Florida taxpayers. The standard of living for all Florida residents will decline due to sustained job loss, stifled job creation and a loss of economic vitality. D. Motion to adopt proposed Resolution No. 10-10 opposing III Council Member Markham moved to adopt proposed Resolution No. 10-10 opposing Amendment 4; seconded by Amendment 4 - City Administrator (Exhibit 4). Council Member O'Connor. 505 OCTOBER 19, 2010 - REGULAR MEETING - PAGE 5 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. D. Motion to adopt proposed Resolution No. 10-10 continued E. Discussion pertaining to the Southern Trace project - Steve Dobbs/Irving Haase (Exhibit 5). Attorney Cook read proposed Resolution No. 10-10 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WHICH PROPOSES ANAMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERYAMENDMENT TO A CITY'S OR COUNT rS COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITrS OR COUNTrS ELECTORATE, PROVIDING AN EFFECTIVE DATE." Council Member Watford remarked that opposing Amendment No. 4 does not take away any rights of the public. They still have a voice and a chance to practice their civic duties by being active on the City's Boards, and appearing at the various public hearings. KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. A potential apartment complex began the development process back in 2006 for Blocks 4,11,12,13, 21 and 22, City of Okeechobee Subdivision, for 217 multi -family units. The property is located West of North Parrott Avenue, between Northwest 5" and 7m Avenues and Northwest 11'h and 131h Streets, and is approximately 25.11 acres. The company that owns the property is InSite, LLC. During the process of the rezoning, land use map changes, closing of alleyways and Site Plan approval, various investors of the development have changed. One owner, Mr. Irving Haase has remained throughout the process. Mr. Haase is also who signed the final Developer's Agreement. The project became victim of the economic downturn and was not developed. Mr. Haase now has new potential investors, and would like to sell InSite LLC and the proposed development as already approved to the new owners. These new developers can not afford to start the entire approval process back to the beginning, as the project would not be worth the investment. They are prepared to construct the project as approved by the Technical Review Committee on September 26, 2007. The problem is that a Site Plan is only good for two years, according to Code Book Section 70-348(2), therefore the Site Plan expired September 26, 2009. However, the Developers Agreement was not approved until January 20, 2009, with the Site Plan as an attachment. Mr. Steve Dobbs, Project Engineer, is requesting that since the development could not move forward with a building permit until the Developers Agreement was approved, the Site Plan's effective date should not be until January 20, 2009 and the agreement is good for 10 years. 50(o OCTOBER 19, 2010 - REGULAR MEETING - PAGE 6 OF 7 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. E. Discussion pertaining to the Southern Trace project continued F. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800.00 for annual mapping services - City Clerk (Exhibit 6) G. Consider City Council meeting schedule - City Clerk (Exhibit 7). Attorney Cook advised that another issue is that the Developers Agreement does not address transfer of ownership. Should Mr. Haase sell the property to the new investors the Developers Agreement is null and void. The request being made is for the City Council to reaffirm the Southern Trace Development Site Plan as approved by Technical Review Committee on September 26, 2007, and that as long as the property remains in ownership of InSite, LLC, the individual owners can change without having to approve a new Developers Agreement. City Staff had no objections to the requests. Mr. Dobbs also noted for the record that he was one of the new potential investors for this project. Council Member Watford moved to reaffirm the Site Plan for Southern Trace as submitted and approved by Technical Review Committee on September 26, 2007; and the Developer's Agreement as approved on January 20, 2009; seconded by Council Member O'Connor. Council Member O'Connor stressed to Mr. Haase and Mr. Dobbs who stated their understanding, that this approval is based on no changes to the Site Plan whatsoever. Attorney Cook concluded that so long as the property remained in the name of InSite, LLC, the legality of the Developer's Agreement should not be an issue. Therefore, further action on that matter is not necessary. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. In the amount of eight thousand eight hundred dollars ($8,800.00), for annual mapping services; seconded by Council Member Markham. KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to amend the meeting schedule to have one meeting in November, being November 2nd and change the time to 2:00 p.m., due to the elections, and one meeting in December, being December 71h at 6:00 p.m.; seconded by Council Member O'Connor. IV OCTOBER 19, 2010 - REGULAR MEETING - PAGE 7 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED. G. Consider City Council meeting schedule continued. X. CLOSED EXECUTIVE SESSION - Mayor. A. Discuss pending litigation proceedings - City Attorney. XI. RECONVENE REGULAR MEETING - Mayor. A. Discussion regarding a request pertaining to billboard(s) - Attorney Steven Ramunni. B. Item added to agenda: Temporary Street Closing. KIRK - YEA WATFORD - YEA MARKHAM - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Attorney Cook advised that he is requesting an official closed executive session in order to discuss proposed pending litigation. MAYOR KIRK RECESSED THE REGULAR MEETING AT 6:55 P.M. He instructed everyone to leave the Chambers excluding those whose names were advertised to be present at the Executive Session. MAYOR KIRK OPENED THE EXECUTIVE SESSION AT 6:57 P.M. Mayor Kirk announced that in addition to himself, the only members present were City Clerk Gamiotea, Council Members Markham, O'Connor, Watford and Williams, Administrator Whitehall, Attorney Cook and a Court Reporter from Atlantic Reporting Company. MAYOR KIRK ADJOURNED THE EXECUTIVE SESSION AND RECONVENED THE REGULAR MEETING AT 7:40 P.M. Mayor Kirk addressed Attorney Ramunni and advised that the Council has instructed Attorney Cook and Administrator Whitehall to meet with him to discuss issues. No official action would be taken at this time. Council Member Watford moved to approve the temporary street closing for Central Elementary School for the Fall Carnival on October 29th, closing Southwest Vh Avenue between Southwest 61h and 8`h Streets, from 4:00 p.m. until 8:00 p.m.; seconded by Council Member O'Connor. VOTE KIRK - YEA MARKHAM - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 5013 AGENDA XII. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, C1 C, City Clerk OCTOBER 19, 2010 - REGULAR MEETING - PAGE 8 OF 8 COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:44 p.m. The next regular scheduled meeting is November 2, 2010 at 2:00 p.m. -INDEPENDENT _ NEWSrPAPMS OKF.E010t3EE NEWS 10 S.1ti. 17t]i Street, Suite 1), C"keeihuhre, FI_ 11)74 (863) 763-3134 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 in the matter of t,L c_ s in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of _ Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judie Kasten Sworn to and subscribed before me this r-tic day of L_ it 4... t � T �_. � _AD Notary Public, State of Florida at Large OTARY P`UBLIC-STATE'OF FLORID, Angie Bridges :Commission #DD77R718 rq;y Expires.. APR. 20, 2012 1 D THRU A71LAN7•IS iiotq)bYG CO, INC. CITY COUNCIL MEETING N0710E NOTICE IS HEREBY GIVEN that the City Council of the City of Okee- chobee will meet in Regular Session on Tuesday, October 19, 2010, 6:00 ..p.m., at City Hall, 55 SE 3N Ave, Rm 200, Okeechobee, Florida. The public is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters no- ticed herein will be rerisible for making a verbatim record of the testimo- ny and evidence at said meeting upon which any appeal is to be based. Please contact City Administration at 863-763-3372, or website www dtvofokeechobee com to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 per- sons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. by: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 368804 ON 10/15/2010 NDEPENDENT 11iEWSPAPER.S OKEEC110I3FE NEWS 107 S.W. '17th street, Suite D, Oheechnhee, Fl_ 34974 (863) 763-3134 "M 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 in. the matter of ` r IJ in the 19th judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said netiA,spaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten 1 Sworn to and subscribed before me this rtl'� day of i --L- AD Notary Public, State of Florida at Large 1 q ''OTARX PUBLIC -STATE OF FLORIDA Angie Bridges C '' ExmmissiOn #DD779718 Pies: APR. 20, 2012 cryNDED THRW AT1,MT1C h©ND7NG CO., WC. SECOND PUBLIC NEARING NOTICE The City of Okeechobee is applying to the Florida Department of Commu- nity Affairs (DCA) for a ggrant under the Housing8 Rehabilitation category it an amount up to $700,000 under the FFY 2010 Florida Small Giles Commu- nity Development Bode Grant (CDBG) Program. For each activity that b proposed, at least 70% of the funds must benefit low and moderate Income person The activities, dollar amounts and estimated percentage benefit to low and moderate income persons for which is applying are: Percentage Benefit to Low and Moderate Activities Proposed Dollar Amounts Income Persons 14a Rehab/Demo/Replacement $560,000 100% 008 Temporary Relocation $ 35,000 100% 21A Administration 1105,000 N/A $700,000 At the time of this notice, it Is unknown I the grant application will have any Leverage. The CDBG project will undertake rehabilitatkm, demolition and/or replace- ment of 30 low and moderate intone housingg units. Temporary relocation benefits will also be provided to program beneficiaries. The City of Okeechobee plans to minimize displacement of persons as a re- sult of planned CDBG funded activities in the following manner: No perma- nent displacement is anticipated. Only temporary relocation 15 anticipated. If any persons are displaced as a result of these- planned activities, the City will assist such persons In the follow" manner: The City will follow the guidelines outlined in their Anhdisplacement and Relocation Policy and their Loot Housing Assistance Plan. A public hearing to provide citizens an opportunity to comment on the appii- catbn will be held at the City Council meeting on Tuesday, October 19, 2010 at 6:00 p.m. This meeting will be hell at the Okeechobee City Hall, 55 S.E. Third Avenue. A draft copy of parts of the application will be available for review at that time. A final copy of the application will be made available at the City Administrator's Office on Monday through Friday between the hours of 8: a.m. to 1:00 pp m. and 2:00 p.m. to 4:3 p.m. no more than five days after October 19, 21110. The application will be submit- ted to DCA on or before November 17, 2010. To obtaln additional infomia- lion concerning the application and the public hearing contact Mr. Brian Whitehall, City Administrator, City of Okeechobee, 55 S.E. Third Avenue, Okeechobee, or telephone 863-763-3372. The public hearing tr being conducted in a handicapped accessible location. Any handicapped person requfrmg an Interpreter far the hearing Impaired or tlhe vW fie Impaired shall contact Mr. Whltell at least flue calendar days prior to L tng and an hnterpreter will be provided Any non-English speakinigginngg toattend thepublic: armguld contact Mr.ft it. lfive calendar days prtortotheand a language in- rpreterTo accessaTeh mtbn Device for Deaf Any hanpperson�requkei Florda Relay Service at 1.800-955-8771. should contact Mr. Whitehall alc a Ohre to cur dilation at this meeting ays prior to the meet Pursuant to Section 102 of the HUD Reform Act of 198% the following dis• closures will be submitted to DCA with the application. The disclosures wil be made available by the City of Okeechobee and DCA for public inspectior upon request. These disclosures will be available on and after the date of submission of the application and shall continue to be available for a mini- mum period of sb(years. 1.Other government (federal, state and local) assistance to the project in the form of a gift, grant, ban, guarantee, insurance pa ment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect benet8 by source and amount; 2.The identities and pecuniary interests of all developers, contractors, of consultants involved in the application for assistance or In the planning or development of the project or activity; 3. The identities and pecuniary interests of any other persons with a pecu- niary interest in the project that can reasonably be ex to exceed $50,000 or 1D% of the grant request (whichever Is lower 4. For those developers, contractors, consultants, properly owners, or oth- ers listed in two (2) or three (3) above which are corporations, or other entities, the identification and pecuniary Interests by corporations or en- tity of each officer, director, principal stockholder, or other official of the entity; i.The expected sources of all funds to be provided to the project by each of the providers of those funds and the amount provided; and 5. The expected uses of all funds by activity and amount public worlahop on fah Housing will also be conducted for elect- fd NMcials and the general public. ly: Jamesmbtea E. Kick, Mayor Lane Ga, CIVIC, City Clerk CITY OF OKEECHOBEE OCTOBER 19, 2010 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 I. CALL TO ORDER- MAYOR: October 19, 2010, City Council Regular Meeting, 6:00 p.m. 14Sru U Si m-ps P-r1 II. OPENING CEREMONIES: Invocation given by Nassy-Vaughan, First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk ✓IGlayor James E. Kirk YCouncil Member Lowry Markham Council Member Mike O'Connor ►council Member Dowling R. Watford, Jr. Council Member Clayton Williams ,,',.i y Administrator Brian Whitehall i 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 October 2010 as "IRSC Month." S cu r res�k-O YY a 1 J` B. Recognize the distribution of Buddy Poppies the week of November 7 -11, 2010. 4 HarK bu nko-vn C. Present a Twenty Year Service Award to Floyd Selph, SDI D. Present a Certificate of Appreciation to Louise Chandler. Tk4�t ocddd, A-6� cri ht-C V. MINUTES - City Clerk. (Cr ��ej1GvtU 4 4, Pre6 ix bill Sa ury� ray , 4 dt xis �t2 { Mci� - Lei A. Motion to dispense with the reading and approve the Summary of Council Action for the September 28, 2010 Regular Meeting and the Final Budget Public Hearing - City Clerk. i�n� VI. WARRANT REGISTER - City Administrator A. Motion to approve the September 2010 Warrant Register. hZ4 General Fund $478,200.89 Public Facility Fund $336,362.33 Capital Impact Fee Fund $ 29,092.95 Capital Improvement Fund $ 12,101.20 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Vill. OPEN PUBLIC HEARING FOR THE ADOPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT RESOLUTION - Mayor 6 jo, a-°'C, A.1.a) Motion to adopt proposed Resolution No. 10-11 authorizing the filing of the City of Okeechobee's Fiscal Year 2010 Florida Small Cities Community Development Block Grant Housing Application -Nancy Phillips, Grant Administrator (Exhibit 11. TrX b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING IX. NEW BUSINESS A. Fair Housing Presentation for Elected Officials and the General Public pertaining to the Fiscal Year 2010 Community Development Block Grant - Nancy Phillips, Grant Administrator. OCTOBER 19, 2010 PAGE 2 OF 3 OCTOBER 19, 2010 PAGE 3 OF 3 IX. NEW BUSINESS CONTINUED t B. Recognition of a Resolution opposing Amendment 4 by the Economic Council of Okeechobee - Jeff Sumner (Exhibit 2). e C. Recognition of a Resolution opposing Amendment 4 by the Treasure Coast Council of Local Governments - Dowling Watford (Exhibit 3). _ 6,' D. Motion to adopt prpposed Resolution No. 10-10 opposing Amendment 4 -City Administrator (Exhibit 4). .,� E. Discussion pertaining to the Southern Trace project -Steve Dobbs/Irving Haase (Exhibit 5). F. Consider a motion to waive the formal bidding procedures and award a sole -source bid to Global Mapping, Inc. in the amount of $8,800 for the annual mapping services - City Clerk (Exhibit 6). ��� � / tom- 4-4 t / out, a- �Cn G. Consider City Council meeting jAchhedule - City Clerk ( hibit 7). try �� � ­X-61-il l / 't'v- CZ X. CLOSED EXECUTIVE SESSION -Mayor A. Discuss pending litigation proceedings - City Attorney. XI. RECONVENE REGULAR MEETING A. Discussion regarding a request pertaining to billboard(s) -Attorney Steven Ramunni. XII. ADJOURN MEETING L od 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. 6"Ll Z L-/ ca "-Vuxc�c- llllqlO'r7 k4-WLI,� 0 �� .mac, P-x )�rY Ike A-I/L,-Z�Zec ell QI3 Office of the Mayor City of Okeechobee, Florida EXtends this Expression of Appreciation to Louise Chandler In Recognition of her Service to the Community The City and Your Fellow Citizens have Benefitted Greatly by your unseo7sh Dedication in the Performance of your duties as member of the Pension Board of Trustee's Pofice Officer's Fund November 4, 2003 to May 10, 2010 Given on Beha f of the City Council this 19`h day of October, 2010. In witness whereof I Have hereunto set my hand and caused this seal to be affixed lames E. Kirk, Mayor Attest: Lane Gamiotea, CMC, City Clerk, • •�••L��, c-L)jlw lt�u u5 me region's first institution of higher education in 1960, Indian River State College is celebrating its 50" Anniversary year, • and WHEREAS, IRSC first began offering college level classes in Okeechobee at a store front location in downtown Okeechobee in 1972; and WHEREAS, opening in 1986 on 45 acres at 2229 NW 9"' Avenue, the Dixon Hendry Campus has expanded educational opportunities for thousands of Okeechobee residents; and WHEREAS, a second educational building was opened in 2000, doubling the amount of classroom space and expanding IRSC programs in practical nursing and emergency medical services while bringing a new level of technology to the students at the Okeechobee Campus, and WHEREAS, in 2008, the opening of the Williamson Conference and Education launched a new era of education, business and community opportunities in Okeechobee, providing astate-of-the-art Conference Center supporting economic, cultural and business development, and WHEREAS, in 2010, 135 Okeechobee students graduated from IRSC, a record class size with Okeechobee residents earning Bachelor's Degrees, Associate in Arts and Associate in Science Degrees, increasing their potential for career advancement, • and WHEREAS, Indian River State College has played a vitally important role in the economic development of Okeechobee and has contributed immeasurably to the quality of life in Okeechobee. 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 October 2070 as "IRSC MONTH" in the City of Okeechobee. In witness whereof i have hereunto set my hand and caused this seal to be axed., _ n Ja es E. Kirk, Mayor, ` West. Lane Gamiot a, CMC, City Clerk ' Office of the Mayor MEECIIOBEE, FLORIDA WHEREAS t�e annual d istri6ution o f BuddJr POPPies 6y tlje Veterans o f Foreign Wars o f tlje United States ljas heel, of ficiallJr recognized and endorsed 6Jr governmentalleaders since 1992i and WHEREAS VFWBuddJr Poppies are assemhled 6Jr disabled veterans, and tle proceeds of this nrortljjr fund -raising campaign are used exclusivelyfor tlje Gene f it o f d isa6led and needY veterans, and the widows and orpans of deceased veterans and WHEREAS tl e hasic purpose o f the annual d istribution o f BuddJr Poppies 6Jr the Veterans o f Foreign Wars is eloquently reflected in the desire to "Honor the Dead 6Jr Helping tle Living': NOW THEREFORE I JamesE Kir/ MaJrorof the Cit�of Okeecyobee� doljere6Jr urge tle citizens o f tl is community to recognize tl e merits o f tl is cause 6Jr cont4uting generously to its support througl Jr our donations far Buddy Poppies on Novem6er7 -11, 2 ozo set aside fort e distribution of these sJrm6ols of appreciation for the sacrifices of our honored dead. r urgeall patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of tljis country wo lave risked their lives in defense of tle freedoms wkjkc we continue to enjoy as American Citizens In witness wbereo f I Wve kreunto set M29 bans ana causes t�s seat to be a f f ixea Attest: James E. Kirk Ma2gor Lane Gamiotea, CMC, CAN Clerk Date: October i9, 2oio rA, c,/ tt ol? uPelw e cl ho the Ot�alldity aevialellt ,v c t1l &I'VWodt eeoltliv, 01,(1/ 0 '*' 101keeelidee City of Okeechobee SS SE 3.d Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehallWcityofokeechobee.com * * * * *Memorandum {'1916'' Date: for Oct 19, 2010 Council Mtg TO: Mayor and City Council FR: Administrator RE: AGENDA AMENDMENTS - SUMMARY 1. After the proclamations and presentations, please ADD Chief Davis in the recognition of an officer in connection with apprehending an armed robbery suspect. 2. Item #VI I (Res #10-11) and the next item, IX (Fair housing presentation), please DELETE from agenda as Nancy Phillips will not be in attendance and we expect the matter to be placed on the Nov 2nd agenda. 3. Prior to adjournment please ADD a request for a Street Closing for the Central Elementary fall carnival as described in the distributed application. I11)avue Cx htbdl MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 October 13, 2010 TRANSMITTED VIA EMAIL TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: FY 2010 CDBG Housing Application Summary The Second Public Hearing to discuss the City's FY 2010 CDBG Housing Application is scheduled for October 19, 2010 at the City Council meeting. A summary of the Housing Application that will be submitted by November 17, 2010 is noted below: CITY OF OKEECHOBEE CDBG FY 2010 HOUSING REHABILITATION GRANT APPLICATION The City is eligible to receive $700,000 of CDBG funds for this project. The budget for this grant is as follows: Housing Rehabilitation $560,000 Temporary Relocation $ 35,000 Administration $105,000 TOTAL CDBG BUDGET $700,000 Average CDBG Cost Per House - $59,500.00 This year's program will rehab 10 housing units, of which 2 will be occupied by very low income residents. The application may be changed based upon comments received at the Second Public Hearing. I will be available to answer any comments you might have. /nsp LXHIBIT 2 OcT 19, 2010 CITY OE OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3RD AVENUE OKEECHOBEE, FL((tO�RIDA 34974 NAME: J-c Sc�rnn�� ADDRESS: P D C3U - 7/ g TELEPHONE: / FAX: MEETING: REGULAR LY SPECIAL ❑ WORKSHOP ❑ DATE: _ ✓G=`v(_ I l�—���D PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: --- PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH: _ —-----------------------------— ------------------ ------------- PLEASE STATE DESIRED ACTION BY THE CITY COUNC,IILL: jf --------------- PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPPPL-ICABBLE DOCUMENTS: f r /~ �IcJ�ICt�_!�L}11.���E��—R.�•2G/�`�� IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. � 9--�-�o SIGNED B �' DATE: A RESOLUTION OF THE ECONOMIC COUNCIL OF OKEECHOBEE COUNTY, INC. OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD FORCE VOTERS TO DECIDE ALL CHANGES TO A CITY OR COUNTY'S COMPREHENSIVE PLAN. WHEREAS, the State of Florida, including Okeechobee County, is experiencing an unprecedented recession; and WHEREAS, impediments to growth will undoubtedly prolong that recession; and WHEREAS, the challenges presented by growth require that communities embrace smart growth policies aimed at protecting our community's quality of life, engendering greater economic prosperity, and building connected communities; and WHEREAS, smart growth requires careful planning and direction combined with a clear and effective means of engaging the people's voice; and WHEREAS, Amendment 4 seeks to place a constitutional amendment before Florida's voters to amend Article II, Section 7, of the Florida Constitution, (Title: REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COJWREHENSWE LAND USE PLANS); and WHEREAS, this amendment poses a grave threat to Florida's unique quality of life, the stability of its communities, and the prosperity of its economy; and WHEREAS, this amendment will further disenfranchise millions of Florida's already -fatigued electorate, paralyze local governments and cripple local businesses; and NOW, THEREFORE BE IT RESOLVED by the Economic Council of Okeechobee that: SECTION 1: The Board of Directors meeting in Okeechobee, Florida, having dedicated its own policies to advancing smarter growth, strongly opposes Amendment 4. SECTION 2: The Economic Council of Okeechobee urges citizens to vote "NO" on Amendment 4 when it appears on the ballot. SECTION 3: The Economic Council of Okeechobee encourages other local governments and community organizations to adopt resolutions, as appropriate, opposing Amendment 4. APPROVED AND ADOPTED this 24'b day of February, 2010. Elia eth`A. Maxwell, Chairwo; Ecofomic Council of Okeechobee County, Inc. nmlBff 3 OCT 19, 2010 'I'REASURE COAST COUNCIL of LOCAL GOVERNMENTS RESOLUTION OF 111E TREASUREwAs'r COUNCIL OF LOCAL G'OVERNMEN't-S OPPOSENG AN 01ENDINIE7 TO THE FLORIDA CONS UYFUTION ITIAI'WOULD FORCE V01'ERS To DECIDE ALI, CHANGES 'TOA Cl`TYOR COt ' 'nCOM N'-S PREffENSIVE PL-V-SiANl) UR(;FN(; VOTERS 11) VOTE "NO ON -%N1FNWN1VN'l'4" INNOVLMBER. 'Ind COUNTIESWfCInployment nate continue-. q�, kj-'[11h ri! is llfdtiori� and hchc'! it] Irldi-in River jill'u'. till L. iob:llld ncIIA buAnes,,,c, 10 the - ',Gite ol' Flori%L, I, t,lo!er� 'ild pro�po StatC �-Vld IT, reidenri.?j�jNJ;Irt T1 Okeechobee %k1IFRFAS. An endtilent 4 ,cvk,; Ii amendment j-,LI(,Tc Fda',, lori. timend Artiekx 11, ­VClikIj� cf,,r)STitIltl,)lI, I St. Luctf, AM 1`10r'da COnstitun0n. 4, Title: REFERENDA REQUIRVf) )19 I(y\ t)f I (K'AL (j()Vl--RN%MN—iAL ('()MPRFHFNJVE IAND I 'ISE P(,ANS i: \VI I FR L :k S. "Ll"llendlt"t 4 crellltc-'l time-con4uming and costly proce, CITIES e\iNanding, if-, ujffri(j•j. �Jjj* - -,s for buiinciw.; loc-ifin", Or W11PREAS. `1ln`ndlflelll F f'l I s rii e, r e R S WHEREAS, thi, will result it, added COS11., to our local F,--)i-r F"If.,rce and Fea%-iLr hin-tiell,, on Flmidji -90�'cmMAMtq. weikened pliji;j. 'RFAN, Wf- I F Job creation Iand 'l josj 4�f tTt)II(jlni, Part SL. Lucie Allicridment 4 will caUs-lic 0-an(liard of'living ol-ijil Fll'rkl.' "esitlel - lFs(Ild-line.and Sebastiari 'NOW, "'"Y",'FORE BF VT RESOLVED 134-1-11E TREASLI-RE A ('0 4� Swart LOC'Al. (;OVFRNME.Vl's - TCO1.,7NC11.OF Vero liezij, S'Mfi(M L the "FRFASURE COAST COUNCIL 0rj,oC4-xj, (;IDVERNMENTS" hereby strongly ()pposcs the Proposed Constitutional Amendment 4. iiAiiell TOWNS poses a grave threat to Florida's unique (11,111lity of life, the stabilit% of its C01111111unities, and the PrOsperitv of its econo Juplu-i- IsLillJ st� Section 2. The ­YRFASURE C0AYJ'C0L'NClL OF LOCAL GOVERNMENTS" I'CCOMmends defeat of ('onjtitutiojlal AflIc"dillent 4. SCetiOn 3. The "-YREASURE COAs,r Cot', *1WI'L (.)F "K-M, GOVERNMEN 1-s" tirges citizensIft) ")tv "NO!' of) Amendment 4 when it appears oil the bjll()t. mk:,t A, A EST, 5/10/9() 1 () City of Okeechobee 55 SE 3.d Av Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email: bhttehall(i�cityofokeechobee.com . F^ ti****Memorandum*** Date: for Oct 19, 2010 Council Mtg TO: Mayor and City Council FR: Administrator RE: Amendment 4 issues A short list to refer to when discussing opposition to Amendment 4 1. Confusing - How could a 75 word ballot question ever capture the complexities of a Land Development issue? 2. Expensive - Each LDR `element' change requires voter approval, many of which are mandated by the State, along with every large and small Land Use change, and now the City will have to pay for the election costs associated w/ each of them. 3. Damaging — to our economy - Developers will be delayed until approved by the voters obviously increasing cost and delaying the benefit of development 4. Misdirected growth - The process could give way to elaborate -expensive lobbying efforts by a developer trying to sway the voters of something that would not otherwise be approved by the Council, trampling minority interests and ignoring long term issues. 5. Litigation potential - St Pete Beach currently has a version of Amendment 4 in place and has incurred nearly $750,000 in litigation expense defending referendum challenges. 6. Applicability - One of the originating ideas of Amendment 4 was the detriment of urban sprawl and how local government handles it ... how applicable is that in Okeechobee? 7. Tedious/cumbersome — to the responsible voter researching each LDR change, and to the City preparing and administrating each referendum. 11z1a�ye EXHIBIT 5 OCT 19, ZOZO CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE. SUBMIT COMPLE"Ii'D FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3-- AVENUE OKEEC•HOBEE, FLORIDA 34974 ADDRESS:3LZO - �= G _2 �U _ /?422 fZ TEL EPII ONE: ✓l..__fJ_— --- PAY : _/ L e D j MEETING: REGULAR O SPECIAL Cl WORKSHOP ❑ DATE:.__,_, PLEAS STATE TH , ITEM �i OU Wi' TO HAVE, i AGED ON THE CITY O ATGIL AGEDA v✓ , l 'A c�u _� P.. fI�%Gun ,c. `�` 7 tC?ra rs 1i !�E'/�C� ..l�✓ _ _ �✓ /t'Y C2 PLEASE STATE WHAT DEPARTMENT(S) YOU HAVE WORKED WITH: Steven Dobbs has worked with Brian_ Whitehall, .City_Mana.ge_r, Lane_GamiotEL City ............... CI_erk,._B..ettkClement,._('zeneraLServices,_and Brian Whtehall_discussed,the matter with ... ... John Cook, City Attorney PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APP. I— BLEDO UMENTS: 1 IP A PRESENTATION IS TO BEMADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. / I i I U' SIGNED BY: � %t �C .,: _ DATE:. PAUL J. LANE, ESQ. 2415 N. University Dr. Coral Springs, FI. 33065 T1?l,. 954-341-4601 FAX. 866-721-3053 October 11, 2010 Okeechobee City Council 55 SE 3rd Avenue, Okeechobee, FL 34974 Re: Verification of Site Plan and Developer Agreement. To Whom It May Concern: I represent Irving Haase who has an ownership interest in the 25.11 acre development located in Section 15m Township 37 South and Range 35 East, on which the developer intends to develop a multi -family residential project know as Southern Trace (the "Property"). Mr. Haase originally financed the purchase and initial development of the project and was forced to take over the Property when the original developer folded up its operations in Florida. Mr. Haase worked with Steve Dobbs, the project engineer, on a revised site plan dated 12-17-08, which was approved and made part of the Southern Trace Development Agreement dated .1-20-09, and signed by the Mayor, City Clerk and City Attorney. Mr. Haase has gotten a group together that is ready to go forward with the project. but apparently the City Attorney believes that a new site plan will have to be submitted and approved, and members of the group are not ready to take the time and effort necessary to start the process all. over again. We have no intention of changing the site plan dated 12- 17-08 and will be acting in accordance with the Development Agreement dated 1-20-09. It should be noted that the Development Agreement specifically states that it will remain in full force and effect for ten 10 years, and we are now requesting that the Council approve of the new group going forward with the development. It has been a very difficult time for Mr. Haase and it would be an extreme hardship to prevent him from getting the development completed in accordance with the approved site plan and Development Agreement. The investors are aware of numerous projects in other counties and are not anxious to get involved in a battle to get the project completed, when they thought the plans had been approved and ready to go. If this opportunity is lost, it is likely the property will be parceled out and sold .in pieces by tax deed, and will remain vacant and unusable for the foreseeable future. Page I oft Mr. Haase has put a lot of time, money and effort into saving this project after the failure of the initial developer. I do not believe that there is a legal requirement that would require the City to terminate the Development Agreement (which has another nine years to run) or to reject the previously approved site plan. As I stated, the parties intend to follow the approved site plan and comply with the Development Agreement, and are just asking for the opportunity to complete the long awaited project. I do not see a down side for the City in letting this project go forward. I would hope that the City could assist the parties in getting this project completed as it would greatly benefit the City and its citizens, by bringing in new tax and development money and creating new business opportunities. We are trying to attend a meeting on October 19, 2010, and if you need any additional information from me do not hesitate to contact me. If I am not in my Office, you can reach me on my cell phone at 954-682-4211 with any questions. Yoyk truly,,,,' Lane Page 2 of 2 E)MlBIT 6 OCT 19, 2010 To: MEMORANDUM Mayor Kirk and Council Members From: Lane Gamiotea, City Clerk Subject: Annual Bid for Mapping Services Date: October 11, 2010 Please consider waiving the formal bidding procedures and award the annual bid to Global Mapping in the amount of $8,800.00. Mr. Williams is still the mapping consultant for the Property Appraiser and we continue to share the same updated information, which in turn keeps the City's costs down. Since there is no other mapping company that works for the Property Appraiser's Office conducting this type of work, I recommend that this be considered a sole -source based on maintaining operational standards and serves as the best working relationship with the Property Appraiser's Office. According to the Code Book, Sec. 2-288. Department Heads may recommend purchase of a specific brand if they feel, through experience or analysis, that only that brand will serve the best interest of the City. Factors which might warrant sole -source purchasing could involve compatibility with existing equipment, maintaining operational standards, orlesserservice requirements which reduce down -time and maintenance costs. When making such a recommendation, the department head shall submit written justification to the City Administrator, who may waive bidding and grant the purchase request in cases where the estimated value of the purchase does not exceed his bid -award authority. Above that limit, the written justifications and recommendation shall be referred to the City Council for approval. Sole source approved and reviewed by Administrator. Brian WhVehall,,6ity AdminiAtrator "MIBIT 7 OCT 19, ZOIO November 2010 Consider changing the 11/2 meeting time to 2 pm & cancelling the 11 /1 S meeting. December 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 Regular Christrnas Council Mtg 6 PM Parade 12 13 14 15 16 17 18 s30PM 10AM BP/BOA Mtg 6 PM 19 20 21 22 23 24 25 Rend City Hall oir.se.� Christmas Closed this meeting t: 26 27 28 29 30 31 CRYHAcbuwkr i Consider cancelling the 12/21 meeting MEMORANDUM � CITY OF OKEECHOBEE GENERAL SERVICES 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 from the desk of 863-763-3372 EXT. 218 Betty J. ClementleN . ", Uct 19, , 2010 Cit FR. C it-vCouncil y Council Mt RE: Cl y Administrat � or S7'REEP ApDlT jo T C�pS/NG R N Phease add thisQUEST 10/29 o and $rhstrerequest to c/ /10 student Elemet on October Zgrn � SrhAv b et needs entary fall carniv rom 4:00p een a/ to raise funds 8.0oPM s for 0-71 1 MEMORANDUM To: Brian Whitehall, City Administator cc: James E. Kirk, Mayor From: John R. Cook, City Attorney Subject: Executive Session Date: October 12, 2010 Please be advised of an Executive Session on October 19, 2010 at 6:00 p.m. by the City Attorney regarding a pending litigation. I will announce on the record that I need advise concerning the litigation. The Mayor then announces the meeting is to commence, and the estimated length of the session; in this case thirty minutes should do it. He also reads the names of all persons who shall remain in the room. At the conclusion, we adjourn back to an open meeting so we can announce the session has concluded. The other pre -requisites are: (1) Run an ad in the newspaper with reasonable public notice prior announcing our intent to enter into closed executive session, with date, time and place and names of those attending. (2) We must retain a court reporter at least a week in advance. She will record the session, not our City Clerk. We must have the meeting transcribed and filed with the Clerk. It is sealed until the litigation is concluded. Review F.S.286.011(8) for these rules. NEWSPAPERS OKEECHOBEE NEWS STATE OF FLORIDA COUNTY OF OKEECHOBEE T 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Advertising Director of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attac.h_e opy 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 - -_ - t Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Judy Kasten Sworn to and subscribed before me this _-day of AD Notary Public, State of Florida at Large 1'TOTARY PLBLIC•STATE OF FLOPir,, Angie Bridges Commission #DD779718 ` Expires: t1I5Ix. 20, 2012 BONDF THJ��r py7i IA +PNRIitA ct1„ LYC. litigation. (863) 763-3134 NOTICEOF CLOSED THE CITY COUNCIL, OKEECHOBE, FLORIDA i HEREBY GIVEN: That the Okeechobee City Council will xecuttve Session to discuss pending administrative procef the Mary Ann Newcomer vs. the City of Okeechobee Jibe itennial Builders of Lee County, Inc., vs. the City of Okeed the proposed Executive Session will be held on Tuesday, October 19, 2010, at 6:00 P.M. or as soon thereafter as possible at City all, 55 SE 3rd Ave- nue, Council Chambers Room 200, gg The ll be confined to settiennent lat ng Ito lliitigationafiled by Mary Ann Newcomer �and centennial Buotiation or elde sies rof Lee County, Inc. Notice is hereby given that ONLY the following will be in attendance: Mayor James E. Kirk, Council Members Dowling R. Watford, Jr., Lowry Markham, Clayton Williams, Mike O'Connor, City Attomey John Cook, City Administra- tor Brian Whitehall, city Gerk Lane Gamiotea, Building Official Ray Schaub, _ity Planning Consultant Bill Brisson and Attorney Robert C. Shearman. a court reporter will be present to record the session and the transcript ihall be made part of the public record upon conclusion of the litigation. James E. Kirk, as duly requested by City Attorney John R. Cook, d allowed by Section 286.011, Florida Statutes. 10/15/2010 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Hall — 763-3372 City Council meeting of Ocotber 19. 2010 • Carter Pritchett Advertising v. City billboard issue — scheduled on the Agenda as a closed session item. You recall that Atty Cook and I met with the plaintiff in mediation in January to discuss the revocation of a building permit for a billboard proposed for approx the 700 block of SR 70 west, south side. The plaintiff claims that they incurred costs associated with constructing the sign off premises. The mediation addresses alternatives to the construction of a billboard at that location. • Southern Trace / Insite Development — Steve Dobbs et.al. are on the Agenda (see exhibit) to essentially request the Council to extend the expiration of a site plan that was previously approved in 2007. Code Sect'n 70-348 describes the Expiration of site plan approval. Site plan approval shall have a valid concurrency period of two years, prior to which a building permit application must be submitted to maintain concurrency; an extension of one year at a time may be issued by the planning board. (The City Council approved a removal of the Planning Board approval of TRC findings prior hereto so I'm making a leap here that the City Council should act to extend the TRC approval in lieu of the Planning Bd) Bill Brisson makes the case (along w/ Steve Dobbs) that technically the site plan wasn't approved until the Developer's Agreement was approved, which was a contingency of the TRC at the time. Further, the Developer's Agreement, approved in Jan 2009, should probably^baaddre ,,sed w/ the ice of n . cfPvelooers. • CDBG appllca loin =� you were made aware at the last meeting at the CDBG Hearing, our 2009 application failed to receive funding. As part of the 2010 application round (for the Housing rehab grant) Nancy Phillips will describe the process during an Agenda hearing and review and confirm compliance to the Fair Housing Act (a booklet is enclosed in the packets) • Vote no on Amendment 4 — The 'vote for everything Amendment', that's expected to condense a complex Land Planning issue to a 75 word ballot question will be here before you know it. By the way, the Amendment, according to a ruling by the FL Supreme Court will allow voter participation on not just Land use, but every single facet of the LDR's, including "A capital improvement element; a future land -use plan element; a traffic circulation element, a sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge element; a conservation element; a recreation and open space element; a housing element; a coastal management element; an intergovernmental coordination element; a transportation element; an airport master plan; a public buildings and related facilities element; a recommended community design element; a general area redevelopment element; a safety element; a historical and scenic preservation element; an economic element...,, any element contained within our LDRs. As you can see on the Agenda, there is recognition of the Page 1 10/19110 Activity Rpt Cont d ... Bullet regarding vote no on Amendment 4 Economic Council's position, the Treas Coast Council of Local Government's position and a proposed Resolution for the City Council to consider. • Comp Plan Evaluation and Appraisal Report (EAR) - After the June 17tn and August 19tn Planning Board review and the City Council Sept 14tn review the draft was sent to the DCA for input. DCA indicated that a response will be sent to the City in early November. • City Hall restroom remodel - I reported that we added to the restroom project, the electrical room modifications and confirmed that the expense fits in the budgeted savings from the orig restroom bid that I mentioned in my prior report. This project is like repairing a bad roof ... where do you stop. I think we found a stopping point with the current modification, replacing the door on the former women's restroom and cleaning up the north and south door areas. We need to address the lobby flooring and am in the process of investigating the appropriate air conditioning configuration. • Chamber - For your information, a steering group was formed and another meeting is scheduled for Friday, Oct 15tn • Council meeting schedule - An Agenda item reflects a recommendation of having one meeting in Nov (11/2/10 at 2pm) and one in Dec (12/7/10) , • EPA proposes a model ordinance for landscaping/fertilizers — I reed a call and a booklet urging local gov to adopt an ord incorp in LDRs prohibition of excessive nutrient application. I'm to meet with an EPA rep to discuss the matter. Update - I reed several Resolutions from other communities expressing opposition to the EPA proposal. I plan to wait until the EPA rep requests an audience w/ me to advance the question to the City Council. City Clerk: • Request for Council to approve a sole source purchase for mapping is on the Agenda. Finance: FLC reducing their annual membership fees - not a big deal but thought I would pass it on the attached notification. Investment Policy — We've done additional research on same. Robin complied a definitions report on various investments that I'm filtering through to assist in identifying the options we wish to end up with. 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. Page 2 10119110 Activity Rpt Cont'd General Services: • Activity report is attached for 8/11 — 9/30/10 • Water Supply 10-yr Plan Ord — We had the 1 sr Rdg on 1113109 and it's been sent to DCA for approval, prior to the City's final adoption. I spoke to Bill Brisson about this and how to get around the gridlock between OUA and SFWMD as it relates to max daily allowances (SFWMD wants more restrictive measures). Police: • Activity report for Aug 2010 is attached. Further statistical info: Total Calls 642 Arrests 30 Traffic Warnings 85 Traffic Citations 83 (peak time — 9pm to midnight) Traffic Accidents 28 (12 from 2pm-5pm weekdays) • Complementary letter — was sent by a Melbourne resident about a traffic stop ... we don't get an abundant amount of these, so it's attached. Public Works: • Activity report for Sept/Oct is attached. • Sidewalk phase 2 program — FDOT — The phase 2 contractor isn't as adept as the orig contractor, but the project has moved along quickly. • 2010 Asphalt program — Advertise - 10/3 Mandatory attendance by bidding contractors. Pre -Bid - 10/13 Bid Let - 10/22 Award anticipated by City Council - 11/2 Again, the paint striping will be conducted by a separate bid contract. • Warehouse at the City garage facilities — I directed Donnie to resurrect the plans and we are examining the City workers participation in the construction, for example, site prep and concrete work. Page 3 opvoGUE OFAh ili.11116i A 301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, Fl. 32302-1757 • (850) 222-9684 • Fax (850) 222-3806 • www.fl(ilies.com September 3, 2010 Z ell - The Honorable James E. Kirk Mayor, City of Okeechobee 55 SE 3rd Ave Okeechobee, FL 34974-2903 Dear Mayor Kirk: This past fiscal year has been a financial challenge for all of us. As a result, the League's Board of Directors has made a conscientious effort to be as frugal as possible with the League's resources. We gave no raises or bonuses this past fiscal year. We eliminated some positions and avoided filling vacancies in others. We reorganized departments with the eye toward reducing operational costs. We reevaluated the propriety of a range of League programs and minimized travel, training, and meetings expenses, to name a few. In sum, we went through the same process many of you went through. As a result, we have placed the League in the financial position where we will offer members a 25% rebate of dues paid for this fiscal year. ending September 30, 2010. Rebate c ec wi a mai Reto all members in good standing on January 7, 2011. The T_ eague's Board recognizes most of you face yet another tremendous challenge during the upcoming fiscal year and we hope you will accept our action as a small token of our appreciation for your hard work and your dedicated compassion for your city and the citizens you serve. Sincerely, John Marks, III 2009-2010 President Mayor, City of Tallahassee �n*4'c� Joy Cooper 2010-2011 President Mayor, City of Hallandale Beach President Joy Cooper, Mayor, Hallandale Beach First Vice President Patricia J. Bates, Mayor, Altamonte Springs • Second Vice President Manny Marono, Mayor, Sweetwater Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. Betty J. Clement General Services Coordinator Activity Sheet Building Department Weeks of: August 11, 2010 through September 30, 2010 X Issued 52 building permits for this period. X 11 new BTR inspections scheduled, 10 completed inspections, 3 outstanding. X AMSA/ALF, The Heritage was issued CO and had open house. X VNA/ALF, Grand Oaks progressing, landscaping and parking being installed. X EOC building progressing with revisions being submitted. X Shoppes on the Boardwalk, all permits completed all BTRs issued.(could be change of use issues) X TD bank renovations complete X Temp. Center State Bank on Parrott Ave., former Movie Gallery completed 8/25/10. X Nurse Registry completed. X Received building plans for United Feed Co-op building, pending revisions submitted. Zoning/Land Use/Special ExceptionsNariances Planning Board — The Planning Board heard one application for land use change and one petition for zoning change for Lifestyles Ltd. and permitted use for same at the request of the City. Also final EAR recommendation to City Council. No meeting for September. Technical Review Committee — One application heard, Sacred Heart Church for new construction and parking, approved also September one application for new 12,000 sf storage building for United Feed Co-op, also approved. General Services —Assisting citizens with zoning, permitted uses and land related issues, working with contractor on restroom bid. Working with finance to assure all fees and vouchers are submitted for fiscal year-end. Updating files for new FY 10/11. Assisting Code enforcement and on upcoming special events. Will be taking three days off, Oct. 7-11. Patty will be not be working Monday, Oct. 4th to cover for Thursday, Oct. Th. Special Events — Two parade permits issued as well as two park permits and two temp. street closings. Bids — Sidearm Tractor Bid, still awaiting tractor, Restroom Renovation bid in progress, Roadway Improvement Bid to open Sunday with ad in newspaper. Public Works Department — Assisting Donnie on e-mails, utility permits, payables, and citizen requests, etc. Patty Burnette —Patty continues to be an asset for the City. She is extremely courteous to the citizens as well as the contractors and co-workers. Always willing to take on new tasks and continues to build her knowledge of city code. Very dependable. She works extremely will with the building official and strives to accomplish all tasks in a timely manner. NICHOLAS F. TSAMOUTALES 3015 W. FLORIDA AVENUE MELBOURNE, FL 32904 321-727-1111 October 6, 2010 Denny Davis Chief of Police City of Okeechobee 50 SE 2' Avenue Okeechobee, FL 34974 RE: Officer Larry Parzygnat Dear Chief Davis: FAX 321-727-1655 On Sunday, September 26, 2010, my family and I traveled to your city to attend a baseball game in which our fourteen (14) year old participated. Near the end of the second game he felt a severe headache coming on and his coach allowed him to stop playing; occasionally he experiences migraine headaches. As we were returning to Melbourne, we were stopped by Officer Parzygnat for speeding. My wife was driving and was concerned about our son's health and really overlooked the speed limit. I have been involved in law enforcement for over forty (40) years ranging from being a police legal advisor for six (6) municipalities, teaching at the Police Academy, being a sworn police officer, and a City Attorney (for 36+ years). I am presently City Attorney Emeritus for the City of Palm Bay. When Officer Parzygnat stopped us, I was in the passenger seat, my mother-in-law and aunt were in the rear seats and my two (2) sons were in the very rear seats. Officer Parzygnat gave my wife a warning. While he was in his patrol car before he gave the warning, we all agreed that he was extremely polite, courteous and professional. Obviously, the favorable and complimentary comments continued after he gave the warning. In fact, his professionalism and courtesy were discussed both during the trip home and after we arrived. In fact, the situation came up again on Monday, Tuesday, Wednesday, etc., and I have told the story of Officer Parzygnat to many people. Chief Denny Davis Page 1 I was very pleased that our experience in Okeechobee was pleasant and I will spread the word on how polite and friendly everybody is ... including Officer Parzygnat and the Police Department. Very Wy yo , Nicholas F. Tsamoutales NFT/rn cc: Brian Whitehall, City Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 OKEECHOBEE POLICE DEPARTMENT ROAD PATROL MONTHLY REPORT AUGUST 2010 Sgt. Bernst and Ofc. Reyna are attending a Line Supervision course on Thursdays at the academy in Ft. Pierce. We are preparing for Sgt. Williams retirement at the end of this month. Her last day will be September 30th. The Sheehan Pipeline detail on NW 9th Ave. continues while Sheehan employees are laying pipe in Okeechobee County. An officer worked security at a fund raising dance for teens sponsored by Terisa Chandler at the Freshman Campus auditorium. Aux. Lt. Gomez resigned from the auxiliary. Chief Davis appointed Secretary D. Denman as Aux. Lieutenant. Lt. Hagan contacted all scheduled buyers of the 2010 fleet to assure all Agencies got budget approval and all units were sold. He discovered West Miami did not get approval and is unable to purchase the 2 units they were slotted for. Sebring Police Department was approved to purchase 6 new units. They were already buying 4 from us and had asked Lt. Hagan to contact them if any other buyers backed out. Lt. Hagan made contact with Sebring P.D. who has agreed to purchase the 2 remaining units. Sebring's total units to be purchased are now 6 Crown Vics. Flex shift officer covered for officers out sick and on vacation the month of August. August 2010 MONTHLY DETECTIVE REPORT Detectives worked: 7 burglaries 3 criminal mischief 2 stalking complaints 1 credit card fraud 1 prescription fraud 1 robbery 5 abuse complaints 2 check frauds 3 thefts 1 bank fraud 1 Aggravated assault 1 Sexual battery City ®f Okeechobee Police ®epat'ment September 11, 2010 To: Chief Davis Through: Major Peterson Through: Lieutenant Hagan Regarding: Retirement Notification It is definitely with mixed emotions that I submit this notice of retirement- My last day is to be October 1, 2010. After ten years with this department, I can say unreservedly this is the best department I have worked for. We are effective and professional, yet we retain a family -friendly atmosphere where the personal lives of all our people are important. We may at times have squabbles but when the chips are down we stand together as a family — brothers and sisters in blue. This was never clearer to me than when the Police Department (and others in the employ of the City of Okeechobee) stepped up to help when my husband was in his final fight with cancer. I cannot even articulate how proud and how touched I was to have our very own Honor Guard at Doug's funeral. The time donated and the love and support shown during this time will never be forgotten. For me, this was the defining moment of the Okeechobee Police Department. To all who donated time; who had to work extra shifts while I was out; who listened to my grief and cried with me: I thank you with my whole heart. So, after declaring how totally ready I was to turn the page on my law enforcement career, I can't quite bring myself to sever the cord (please pardon the mixed metaphor). I appreciate the offer to continue to serve the Department as a part-time Auxiliary Officer. I'm pleased to make room for the new full time person, Officer Parzygnat. And good luck to whomever is selected to fill the vacant Sergeant's position. Thank you for ten wonderful years! Sincerely, Sergeant Victoria Williams 50 S.E. Second Avenue 9 Okeechobee, Florida 34974 v 863/763-5521 • Fax: 863/763-7804 Donnie Robertson Public Works Director Activity Sheet Street Department ➢ Cleaning ditches ➢ Spraying ➢ Installing culvert pipes for Oaks Subdivision ➢ Install base for NW 9ch Street for Roadway Improvement Bid ➢ Mowing ➢ Preparing for Christmas ornament installations ➢ Assisting DOT sidewalk projects ➢ Trimming trees in right-of-ways ➢ Monitoring drainage Public Works For October 2010 City Council Meeting ➢ Assisted in the implementation of the new CH restrooms and A/C for computer room and restrooms ➢ Waiting on new side -arm tractor mower and boom, PO dated 5/25/10 to be delivered mid November ➢ Received 3 quotes and purchased Bad Boy Mower ➢ Attended Roadway Improvement Bid mandatory pre -bid meeting ➢ Assisting and guiding citizens with questions and concerns Personnel ➢ Work Force — Looking into community service workers — have received no reply.