2010-12-07CITY OF OKEECHOBEE 17
DECEMBER 7, 2010 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
PAGE 10F 7
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE JI
I. CALL TO ORDER - Mayor:
December 7, 2010, City Council Regular Meeting; 6:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Chaplain Jimmy Gibbs, Okeechobee Health Care
Facility; 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. Present India Riedel with a Five -Year Service Award.
Mayor Kirk called the December 7, 2010, Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by Chaplain Jimmy Gibbs, Okeechobee Health Care Facility; the pledge was led by Mayor
Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk presented to Mrs. India Riedel, a framed Certificate of Longevity Service and an engraved cross pen, for
her five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to India Riedel - In Appreciation for Your 5 Years of Hard Work and Dedication
with the City of Okeechobee November 7, 2005 through November 7, 2010, Service is the lifeblood of any
organization. Everything flows from it and is nourished by it The City and Your Fellow Citizens have Benetitted
Greatly by Your Performance." Mrs. Riedel graciously accepted the award.
5i8
DECEMBER 7, 2010 - REGULAR MEETING - PAGE 2 OF 7
AGENDA
IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED.
B. Present Donna Grimes with a Ten -Year Service Award
V. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the November 2, 2010 Regular Meeting - City
Clerk.
VI. WARRANT REGISTER - City Administrator
A. Motion to approve the October 2010 Warrant Register:
General Fund................................$329,911.71
Capital Improvement Projects Fund ................ $29,062.95
Public Facilities Improvement Fund ................ $14,121.20
VII. AGENDA - Mayor
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk presented to Mrs. Donna Grimes, a framed Certificate of Longevity Service and a sweater with the City
seal, for her ten years of service and dedication as an employee with the City. The certificate read as follows:'
"Longevity Service Certificate - Presented to Donna Grimes - In Appreciation for Your 10 Years of Hard Work
and Dedication with the City of Okeechobee November 20, 2000 through November 20, 2010, Service is the
lifeblood of any organization. Everything flows from it and is nourished by it The City and Your Fellow
Citizens have Benefiifed Greatly by Your Performance." Mrs. Grimes graciously accepted the award.
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the
November 2, 2010 Regular Meeting; seconded by Council Member Markham. There was no discussion on this item.
KIRK - YEA
WATFORD - YEA
MARKHAM - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
Council Member Watford moved to approve the October 2010 Warrant Register in the amounts: General Fund, three
hundred twenty-nine thousand, nine hundred eleven dollars and seventy-one cents ($329,911.71); Capital
Improvement Projects Fund, twenty nine thousand sixty-two dollars and ninety-five cents ($29,062.95); Public Facilities
Improvement Fund, fourteen thousand, one hundred twenty-one dollars and twenty cents ($14,121.20); 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.
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. A revised Exhibit 2 was distributed; New Business item C, subsection (a) was added; New Business Item H was moved
to be Item I; Exhibit 7was added for New Business Item H.
Si4
DECEMBER 7,200 -REGULAR MEETING -PAGE 3 OF 7
AGENDA
VIII. NEW BUSINESS
COUNCIL ACTION - DISCUSSION - VOTE
A. Consider a Temporary Street Closing Request from Main Street to Council Member Watford moved to approve the Temporary Street Closing Application submitted by Okeechobee Main
close SW 2"d, 3rd, 411, and 51h Avenues between North & South Park Street to close a portion of Southwest 2od, 3`d 4`h, and 5'h Avenues between North and South Park Streets on
Streets on December 11, 2010 for the Annual Christmas Festival December 11, 2010 for the Top of the Lake Christmas Festival and Parade; seconded by Council Member O'Connor.
and Parade - City Clerk (Exhibit 1).
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
B. Motion to award a Bid for the purchase of the 2010 Police Vehicles - Council Member Williams moved to award Bids for the purchase of the 2010 Police Vehicles to Okeechobee Ford
City Administrator (Exhibit 2). Motor Company, for 11 Crown Victorias, in the amount of, two hundred forty thousand, two hundred eighteen dollars
($240,218.00); Okeechobee Chrysler for 6 Dodge Chargers, in the amount of, one hundred thirty-six thousand, two
hundred seventy two dollars ($136,272.00); and Gilbert Chevrolet, for one Chevy Silverado 1500, in the amount of
twenty-five thousand, six hundred forty-eight dollars ($25,648.00); seconded by Council Member O'Connor.
Council Member Watford noted he would be abstaining from voting as his employer was one of the bidders.
Administrator Whitehall reviewed the revised Exhibit 2, indicating a change in the quote of the Dodge Chargers from
$22,890,00, which included two spot lights, to $22,712.00 which included only one spot light.
KIRK - YEA
WATFORD - ABSTAINED*
MARKHAM - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
C. Motion to award a Bid for the Median Curb Improvement Project - Council Member Watford moved to award Bid No. PW 01-00-11-10 for the Median Curb Improvement Project, to the
City Administrator (Exhibit 3). lowest bidder, Vest Concrete Inc., in the amount of twenty-one thousand, one hundred seventy-five dollars
($21,175.00); seconded by Council Member Markham.
The Median Curb Project includes curbing at Southwest 3`d and 4ch Streets between Southwest 2"d and 51h Avenues.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
520
DECEMBER 7, 2010 - REGULAR MEETING - PAGE 4 OF 7
AGENDA
COUNCIL ACTION - DISCUSSION -VOTE
VIII. NEW BUSINESS.
C.(a) ITEM ADDED TO AGENDA: Consider Change Order No.1 to Bid
Council Member Watford moved to approve Change Order No.1 to Bid No. PW 01-00-11-10, to increase the median
No. PW 01-00-11-10 Median Curb Project to increase the size of
curb project size adding approximately 3, 092 Linear Feet, from the original amount of $21,175.00 to $38,181.00;
the project - City Administrator.
seconded by Council Member Williams.
Administrator Whitehall explained that since the bid price was considerably less than expected ($35, 000.00), it would
be in the City's best interest to expand the project to include Southwest 6" Street while the funds were available.
Construction is proposed to take place during the Christmas break when schools are out so as not to impact the
Freshman Campus and Central Elementary.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
D. Motion to adopt proposed Resolution No. 10-12 in support of
Council Member Watford moved to adopt proposed Resolution No. 10-12 in support of changes to the Consultant's
changes to the Consultant's Competitive Negotiation Act to allow
Competitive Negotiation Act to allow local and state agencies to procure professional services on a "best value basis";
local and state agencies to procure professional services on a "best
seconded by Council Member Markham.
value basis." - City Administrator (Exhibit 4).
Attorney Cook noted the title would need to be amended and read proposed Resolution No. 10-12 by title only as
follows: "A RESOLUTIONOFTHE CITYOF OKEECHOBEE, FLORIDA, DECLARING SUPPORTFOR PROPOSED
CHANGES TO SECTION 287.055, FLORIDA STATUES, ALSO KNOWNAS "THE CONSULTANT'S COMPETITIVE
NEGOTIATION ACT" OR "CCNA;" PROVIDING AN EFFECTIVE DATE."
Council Member Watford move to amend Resolution No.10.12, changing the title to read: A Resolution of the
City of Okeechobee, Florida, from a Resolution of the Treasure Coast Regional League of Cities: seconded
by Council Member Markham.
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 CARRIED AS AMENDED.
1
1
521
DECEMBER 7, 2010 - REGULAR MEETING - PAGE 5 OF 7
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
VIII. NEW BUSINESS CONTINUED.
E. Motion to accept and approve the Certified Canvass Returns from Council Member O'Connor moved to accept and approve the Certified Canvass Returns from the Canvassing Board
the Canvassing Board for the 2010 General Election - City Clerk for the 2010 General Election; seconded by Council Member Williams.
(Exhibit 5).
Certification of the Election Results provided by Okeechobee County Supervisor of Elections, Gwen Chandler, is as
follows: whole number of votes cast for the City Council was 2,382.
Lowry Markham received 569 votes
Devin R. Maxwell received 618
Clayton Williams received 600 votes
Dowling R. Watford Jr. received 595 votes
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
F. Motion to adopt proposed Resolution No. 10-13 regarding the 2010 III Council Member Watford moved to adopt proposed Resolution No.10-13 regarding the 2010 Elections; seconded by
Elections - City Attorney (Exhibit 6). Council Member Williams.
Resolution No. 10-13 reads as follows: "WHEREAS, the City Council of Okeechobee, Florida has received the
canvassed returns of the City General Election held November 2, 2010; and WHEREAS, Devin R. Maxwell, Cla on
Williams and Dowing R. Watford Jr. received the highest number of votes for City Council Member and Lane Gamiotea
was unopposed for election as City Clerk, NOW, THEREFORE, be it resolved before the City Council for the City of
Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council;
and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: That, Devin R. Maxwell,
Clayton Williams and Dowing R. Watford Jr. be, and they are hereby declared elected as City Council Members and
that Lane Gamiotea be, and is hereby declared elected as City Clerk, and shall hold office for four (4) years from the
first Monday in January following the City General Election and until their successors are elected and qualified as
provided by the City Charter, Section 10. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby
instructed to issue and deliver Certificates of Election to each of the above named persons."
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
512.
DECEMBER 7, 2010 - REGULAR MEETING - PAGE 6 OF 7
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
Vill. NEW BUSINESS CONTINUED.
G. Consider ratification of the appointment of Russell Cale to the Police
Council Member O'Connor moved to ratify the appointment of Russell Cale to the Police Pension Board of Trustees,
Pension Board of Trustees, term beginning November 8, 2010 and
term beginning November 8, 2010 and ending September 30, 2013; seconded by Council Member Williams.
ending September 30, 2013 - City Clerk.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
H. Discuss the Chamber of Commerce Lease Agreement - City
The City of Okeechobee entered into a 50 year lease agreement on May 1, 1986 with the Chamber of Commerce
Administrator (Exhibit 7).
(Chamber) to allow them the use of the West -half of Block R, to build and operate a Chamber, commencing on
January 1, 1986 and terminating on December 20, 2036, at a yearly rental of one dollar.
Council Member Watford began the discussion explaining the Chamber has not been in operation since the beginning
of summer and it is time for the City to take action since the lease agreement has been violated. He then mentioned
that the Chamber has some issues with the Internal Revenue Service (IRS) that may complicate the matter. According
to a memorandum distributed by Administrator Whitehall, the Chamber has not had a general membership meeting
and there appears to be a difference of opinion amongst their board as to a formal dissolution. Each board member
has been informed that the City is considering cancelling the lease agreement. A Steering Committee was formed after
the Labor Day Festival, since the Chamber is still not operational and several activities needed to be addressed such
as the Christmas Festival and Parade and the Speckled Perch Festival. Committee discussed the idea of a new
Chamber of Commerce, and the pending lien from the IRS and the Chamber. Okeechobee Main Street graciously took
the initiative to orchestrate the Christmas Parade and Festival this year. The Speckled Perch Festival, which is held
in February, is still a concern.
Mayor Kirk stated that the Chamber has done wonderful things for our community and this was not a degrading action
towards them in any personal manner, it is just that the organization is not active and the building is now vacant.
Discussion ensued between the Council and City Staff.
Council Member Watford moved to instruct Attorney Cook to prepare the necessary documents to proceed
with the termination of the lease agreement with the Chamber of Commerce: seconded by Council Member
O'Connor.
1
1
513
DECEMBER 7, 2010 - REGULAR MEETING - PAGE 7 OF 7
1
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
VIII. NEW BUSINESS CONTINUED.
H. Discuss the Chamber of Commerce Lease Agreement continued. Mayor Kirk asked whether there were any comments from the public? Ms. Michelle Harper, introduced herself as the
President of the Okeechobee Area Chamber of Commerce and distributed a copy of their Articles of Incorporation,
effective November 22, 2010. She then stated their interest in leasing the existing Commerce building when the City
obtains the building. Administrator Whitehall asked whether this corporation was dependent on the building in which
she replied "No."
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
I. Recognition of Service to Council Member Lowry Markham - Mayor. Mayor Kirk presented to Council Member Lowry Markham a plaque with the City Key for his service as Council
Member, from January 7, 2003 through January 4, 2011. Council Member Markham graciously accepted the award
and stated that it has been his privilege to represent the City.
IX. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any
decision made by the City Council with respect to any matter considered at this
meeting, he/she may need to insure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is
to be based. City Clerk media are for the sole p of backup for official records
of the Clerk.
ATE : James E. Kirk, Mayor
0-
Lane Gamiotea, CMC, City Clerk
Mr. Gary Ritter, of South Florida Water Management thanked Council Member Markham for his service and interest
with Lake Okeechobee and the Stormwater Management noting that he would be greatly missed.
Council Member Watford thanked him for his expertise and recalled that Council Member Markham initiated the City's
Annual Tree Lighting. Council thanked him for his years of service.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:52 p.m.
The next regular scheduled meeting is January 4, 2011 at 6:00 p.m.
* A Conflict of Voting Form was completed and is on file in the Office of the City Clerk.
NDEPENDENT
IWEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, F1.34974 (863) 763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
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
e-_
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.
Torrz Byrd
worn to and subscribed before me this
r
z1r
--day of (z-e C, Vy2 t E xC` /C'AD
Notary Public, State of Florida at Large
'1
liL
NOTAR I,IC•STATE OF T TORIDA
11, Azigie- BridE-,;2s
f f-
' P.itSSlO?1 # :ii i9718
BONDED T11RU ATL VfriC BONDING Co., INC.
CITY COUNCIL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Okee
^e will meet in Regular Session on Tuesday, December 7 201f
:00 µm., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, �Gida.
iblic is invited and encouraged to attend.
the December 21, 2010 City of Okeechobee City Council Meeting has I
incelled. The next regularly scheduled meeting will be January 4, 201
00 P.M.
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic recdrd
rtified court reporter will be made of the foregoing meeting. Accordii
y person who may seek to appeal any decision involving the matters
ed herein will be responsible: for making a verbatim record of the test
and evidence at said meeting upon which any appeal is to be ba
'ase contact City Administration at 863-763-3372, or webstte
to obtain a ccg of the agenda.
In accordance with the Americans with Disabilities Act (ADA) of 1990
is needing special accommodation to particlppaate in thiis praceer
)uld Trj`( T Gty Clerk's Office at 863-763-3372 for assistance.
Gamkrtea, CMC, City Clerk
ON 12/3/20in
• •
City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email: bwhitehall(i�cityofokeechobee com
F^
S
*Memorandum's
' * 1915 a"
Date: Dec 7, 2010 City Council meeting
TO: Mayor & City Council
FR: Admin Brian Whiteha I
P
G
RE: City Council Meeting notes:
1. Please amend the Agenda to move Item H (Councilman
Markham's recognition) to the last item on the Agenda.
2. See attached memo w/ new spreadsheet reflecting change in
squad car purchase under Item B, (replacing Exhibit 2)
3. Please amend the Agenda adding a sub -item (a) to item C on
the Agenda. to approve a change order to increase the size of
the curbing project. See memo, attached.
4. See attached memo adding supporting dialog to cancelling the
Chamber of Commerce lease, item I on the Agenda.
1 I1'a`>>
CITY OF OKEECHOBEE
DECEMBER 7, 2010
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
• I. CALL TO ORDER- MAYOR: December 7, 2010, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Chaplain Jimmy Gibbs, Okeechobee Health Care Facility
Pledge of Allegiance led by Mayor
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor
A. Present India Riedel with a Five -Year Service Award.
B. Present Donna Grimes with a Ten -Year Service Award.
�euised
IQ-3-to
PAGE 10F 3
DECEMBER 7, 2010 PAGE 2 0 8
V. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the November 2, 2010 Regular Meeting - City Clerk.
VI. WARRANT REGISTER - City Administrator
A. Motion to approve the October 2010 Warrant Register.
General Fund $329,911.71
Capital Projects Fund $ 29,062.95
Public Facilities Fund $ 14,121.20
VII. AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Vill. NEW BUSINESS
A. Consider a Temporary Street Closing Request from Main Street to close SW 2nd, 3`d, 41h, and 51h Avenues between North & South Park Streets on December
11, 2010 for the Annual Christmas Festival and Parade - City Clerk (Exhibit 1).
B. Motion to award a Bid for the purchase of the 2010 Police Vehicles - City Administrator (Exhibit 2).
C. 1, Motion to award a Bid for the Median Curb Improvement Project - City Administrator (Exhibit 3).
a 1YtWh"- to 04z( -Prcxc QAQkL *A
D. Motion to adopt proposed Resolution No. 10-12 in support of changes to the Consultant's Competitive Negotiation Act to allow local and state agencies
to procure professional services on a "best value basis." - City Administrator (Exhibit 4).
E. Motion to accept and approve the Certified Canvass Returns from the Canvassing Board for the 2010 General Election - City Clerk (Exhibit 5).
F. Motion to adopt proposed Resolution No. 10-13 regarding the 2010 Elections - City Attorney (Exhibit 6).
DECEMBER 7, 2010 PAGE 3 OF 3
VIII. NEW BUSINESS CONTINUED
G. Consider ratification of the appointment of Russell Cale to the Police Pension Board of Trustees, term beginning November 8, 2010 and ending September
30, 2013 - City Clerk
J: N: Recognition of Service to Council Member Lowry Markham - Mayor.
� /. Discuss the Chamber of Commerce Lease Agreement - City Administrator.
• IX. ADJOURN MEETING
i
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.
•
MEMORANDUM
To: City Council and City Staff
From: Robin Brock, Executive Secretary
Subject: Revised Agenda
Date: December 3, 2010
Please replace page 3 of your agenda for the December 7, 2010 City Council meeting.
Brian has decided to add item I regarding the Chamber of Commerce Lease Agreement.
Let me know should you have any questions.
Thank you.
•
CITY OF OKEECHOBEE
DECEMBER 7, 2010
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
I. CALL TO ORDER -MAYOR: December 7, 2010, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Chaplain Jimmy Gibbs, Okeechobee Health Care Facility,
Pledge of Allegiance led by Mayor,
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor,
A. Present India Riedel with a Five -Year Service Award.
B. Present Donna Grimes with a Ten -Year Service Award.
PAGE 10F 3
DECEMBER 7, 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 November 2, 2010 Regular Meeting - City Clerk.
VI. WARRANT REGISTER - City Administrator
A. Motion to approve the October 2010 Warrant Register,
General Fund $329,911.71
Capital Projects Fund $ 29,062.95
Public Facilities Fund $ 14,121.20
VII. AGENDA - Mayor,,
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Vill. NEW BUSINESS
A. Consider a Temporary Street Closing Request from Main Street to close SW 2"d, 3`d 4`and 5`h Avenues between North & South Park Streets on December
11, 2010 for thAA=ual Christmas Festival and Parade - City elerdc.(Exhibit 1).
B. Motion to award a Bid for the purchase of the 2010 Police Vehicles - City Administrator (Exhibit 2).
C. Motion to award a Bid,,for the Median Curb Improvement Project - City Administrator (Exhibit 3).
D. Motion to adopt proposed Resolution No. 10-12 in support of changes to the Consultant's Competitive Negotiation Act to allow local and state agencies
to procure professional services on a "best value basisx - City Administrator (Exhibit 4).
E. Motion to accept and approve the Certified Canvass Returns from the Canvassing Board for the 2010 General Election - City Clerk (Exhibit 5).
F. Motion to adopt proposed Resolution No. 10-13 regarding the 2010 Elections - City Attorney (Exhibit 6).
VIII. NEW BUSINESS CONTINUED
G. Consider ratification of the appointment of Russell Cale to the Police Pension Board of Trustees, term beginning November 8, 2010 and ending September
30, 2013 - City Clerk
H. Recognition of Service to Council Member Lowry Markham - Mayor.
0 IX. ADJOURN MEETING
E
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.
DECEMBER 7, 2010 PAGE 3 OF 3
•
SERVIGE GERT$lCdrMA,
Presen�eJ To
IR aldWO v
jKle aol
In Appreciation for Your 5-Years of t-Iord Wor� and Dedication
vviJ t�e City of 06eckobee
November 7, 2005 througk November 7, 2010
Service is tke lifeblood of any organization. �;verytking flows from it and is nouris�ed 64 it.
The City and Your F—ellovv Citizens have -Penef itted Greatly by Your performance.
presented this 7tk Jay of December, 2010
Jarraes F— kale, —Mayor
bane Gamlotoa, tMG, My GIepk
1J
Pre�en�eJ To
I)ORRd (;PIIReS
In Appreciation for Your 10-Years of 1-1arJ \V/or� and DeJication
w14 the City of 06ect obee
November ?0, 2000 4rou4 November ?0, 2010
Service is 4e lifeblood of any organization. �;verytking flows from it and is nourished by it.
Tt e City and Your - :ellow Citizens nave -Penef itted Greatly by Your performance.
presented Jig 7tk Jo4 of December, 2010
f\ /
P
=' James E. IS Pk, Mayor
Dane Gamlotea, (CMG, Gity GIerk
LXHIBIT 1
DEC 7, ZOIO
from the desk of
Bettv J. Clement
TO: I Robin
MEMORANDUM
CITY OF OKEECHOBEE
GENERAL SERVICES
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
863-763-3372 EXT. 218
SUBJECT: Agenda Item for Dec. 71h City Council Meeting
DATE: 11/15/10
Robin,
Fifteen copies attached for agenda item for the December 7" City Council meeting.
To close the streets for the annual Christmas Festival. This is being re -submitted due
to Main Street being the sponsor and not the Chamber.
City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bhieehall(i�cityofokeechobee.com
. F^
*****Memorandum **
1915 %
Date: for Dec 7, 2010 City Council meeting
TO:
FR:
Mayor & City Council
Admin. Brian Whitehall c
Police vehicle purchases —
bid tab sheet
Attached please find an amended bid tabulation for the police vehicles for
your use at the 12/7/10 City Council meeting. The only change is that the
Chargers were quoted at $22,890 which included two (2) spot lights. That
has been changed to incl only one light and the unit price reduced to
$22,712, reducing the total purchase from $403,206 to $402,138.
Prior Charger bid
$22,890
New Charger bid
$22,712
Reduction
$178 / car
Net reduc in purch
$1,068
While comparing vehicles I found the following price changes that the City
will experience from last year:
2009 2010
Crown Vic $20,813 $21,838
Dodge Charger $19,888 $22,712
I IIIag,e
0
City of Okeechobee
for December 7, 2010 Council Meeting
Police Vehicle purchase program
(Nov 22 10 bid opening)
State
Okeechobee
Sunrise
Gilbert
Okeechobee
Wells
Extended
Bid
Ford
Ford
Chev
Chrysler
Dodge
Cost
Okeechobee
Ft Pierce FL
Okeechobee
Okeechobee
Avon FL
Vehicle Purchase:
#
Crown Vics
11
$ 21,231
incl polic Pkg
=MINno quote
n/a
n/a
$ 240,218
Spot light, wheel covers
*Vendor preference Ordinance(Code Sec 2-290) calls for a 5% local preferencial
($21231 X 1.05 = $22,293)
Dodge Chargers
6
$ 21,974
incl polic Pkg
n/a
n/a
n/a
$ 22,300
$ 136,272
V6 Eng, spot light
*Vendor preference Ordinance(Code Sec 2-290) calls for a 5% local preferencial ($21,974 X 1.05 = $23,073)
Police vehicle- 4-wheel dr, crew cab
Ford F150
$ 25,538
$ 26,221
no quote
n/a
n/a
Chev Silverado 1500
1
$ 26,544
n/a
n/a
n/a
n/a
$ 25,648
Dodge 1500 V8 4.7
n/a
n/a
$ 25,765
Dodge 1500 V8 5.7
n/a
n/a
n/a
$ 26,805
*Vendor preference Ordinance(Code Sec 2-290) calls for a 5% local preferencial
($25,538 (lowest bid) X 1.05 = $26,815)
total
$ 402,138
Adm/Pol/Squad 2010
EXHIBIT z
DEC 7, 2010
City of Okeechobee
for December 7, 2010 Council Meeting
Police Vehicle Purchase Program
(Nov 22 10 bid opening)
State
Okeechobee
Sunrise
Gilbert
Okeechobee
Wells
Extended
Bid
Ford
Ford
Chev
Chrysler
Dodge
Cost
Okeechobee
Ft Pierce FL
Okeechobee
Okeechobee
Avon FL
Vehicle Purchase:
#
Crown Vics
11
$ 21,231
$``r
incl polic Pkg
no quote
n/a
n/a
$ 240,218
Spot light, wheel covers
*Vendor preference Ordinance(Code Sec 2-290) calls for a 5% local preferential ($21231 X 1.05 = $22,293)
Dodge Chargers
6
$ 21,974
9E a,
incl polic Pkg
n/a
n/a
n/a
$ 22,300
$ 137,340
V6 Eng, spot light
*Vendor preference Ordinance(Code Sec 2-290) calls
for a 5% local preferencial ($21,974 X 1.05 = $23,073)
Police vehicle- 4-wheel dr, crew cab
Ford F150
$ 25,538
$ 26,221
no quote
n/a
5
n/a
n/a
Chev Silverado 1500
1
$ 26,544
n/a
n/a
n/a
$ 25,648
Dodge 1500 V8 4.7
n/a
n/a
$ 25,765
Dodge 1500 V8 5.7
n/a
n/a
n/a
$ 26,805
*Vendor preference Ordinance(Code Sec 2-290) calls for a 5% local preferencial ($25,538 (lowest bid) X 1.05 = $26,815)
total
$ 403,206
Adm/Pol/Squad 2010
C�
0
C�
Company Name
Accurate Contracting Inc.
Lozano Builders LLC.
Vest Concrete Inc.
Atlantic Civil Const. Corp.
Sweat Trucking & PavinE
Sunshine Land Design, Inc.
Bid Tabulation Sheet
City of Okeechobee
Median Curbs
Bid No. PW 01-00-11-10
Bid Opening:
December 1, 2010 at 1:00PM
LXHIBIT 3
DEC 7, 2010
Unit Price Extended Price
$ 5.95
$22,907.50
$ 5.86
$22,561.00
5.50
$21,175.00
12.15
$46,777.50
$6.75
$25,987.50
8.73
$33,610.50
To Ci Council:
City Engineer recommend Vest Concrete Inc. of Okeechobee
to prf6'rm the requested work as described in the Median Curb Bid PW 01-00-11-10 of
approximately 3,850 LF. Vest Concrete was the contractor of the first Median Curb Bid issued
in January 28, 2010 and was completed to the satisfaction of the City Engineer and the Public
Works Director.
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. bwhiteha/16a cityofokeechobee.com
*****Memorandum***
' 81816 n"
Date: for Dec 7, 2010 City Council meeting
TO: Mayor & City Council
FR: Admin Brian Whitehall \i
RE: Curbing project — change order in r project size
Please find attached, a map of proposed additional curbing (SW 6tn
St) and a change order (#1) for the Curbing Project which adds
approx 3,092 LF to the project due to the following:
1. The underlying curbing bid ($5.50) is considerably less than we
expected ($6.50, last yr's bid)
2. The asphalt bid (also taken from the Public Facilities Fund
budget) was considerably less than expected reducing the cost
well over $35,000
3. The project expansion would hopefully allow for construction
during Central Elementary Christmas break
SW
&h
Ave
E
SW
5th
Ave
SW 6th Street Section for Median Curbing
ADDITIONAL 3,092 Linear Feet
SW 5th Street
SW
4th
Ave
SW 6th Street
Median Curbs
SW
3rd
Ave
S'
2'
A
3,092 LF of curbing
•
Change Order Form
City of Okeechobee
Project: Median Curb Bid PW 01-00-11-10
Change Order No.1
Date: December 6, 2010 Contractor: Vest Concrete
Owner: City of Okeechobee Agreement Date: December 7, 2010
Change order requested by: Donnie Robertson, Public Works Director
The following changes are made to the contract documents:
Contract amount and contract time:
Original contract amount $ 21,175.00
Current contract amount adjusted $ .00
by previous change order
Net increase of contract $17,006.00
amount resulting from this change
order
Current contract amount including $ 38,181.00
this change order
Original contract time 60 calendar days
Current contract time adjusted 0 calendar days
by previous change order
Net (increase) (decrease) resulting 0 calendar days
from this change order
Current contract completion date February 7, 2011
including this change order
Changes ordered:
I. General: Additional approx. 3,092 LF median curb for SW 6th Street
II. Required changes: 3,092 LF Median Curbing
III. Justification: Added for cost effectiveness safety, and aesthetics
IV. Payment: Per contract document
V. Approval and change authorization:
Acknowledgments: the aforementioned change, and work effected thereby, is subject to all
provisions of the original contract not specifically changed by this change order; and it is expressly
understood and agreed that the approval of the change order shall have no effect on the original
contract other than matters expressly provided herein.
Recommended by: Accepted by:
Engineer— Contractor
By: F By:
Signature Signature
Date: '/ `
Date:
Approved by: City of Okeechobee
Signature and Title
Date:
CCNA REFORM
INTRODUCTION
Section 287.055, F.S., or the Consultants Competitive Negotiation Act (CCNA) has
been law in Florida since 1973. The law has been amended on various occasions to
modify existing or insert new procedural requirements and options. From its inception,
the law has prescribed the use of a qualifications -based selection (QBS) and
negotiation process for the procurement of professional services.
A coalition of professionals across Florida is advocating amending the law to give public
agencies the discretion to continue to select professionals based strictly upon
qualifications or elect to hire A/E services on a "best value" basis where both price and
qualifications are ultimately part of the selection process. Among those supporting this
initiative include the National Institute of Governmental Purchasing (NIGP), the Florida
Association of Counties (FAC), the Florida Association of Public Purchasing Officers
(FAPPO), the Florida Government Finance Officers Association (FGFOA), several city
and county agencies and several licensed professionals working in the public sector.
ISSUES WITH THE LAW
Those advocating change to the law are concerned with the exclusive reliance upon the
QBS method for selection among the competing firms. The group does not reject or
dismiss the QBS method of procurement, but it does believe that the singular reliance
upon this method can and has been problematic for public agencies and their
constituents. The primary concern is with the lack of competitive price information
available at any point in the selection or negotiation process which has frequently lead
to one or more of the following unintended consequences:
1. "Blind" or uninformed decision -making regarding price during the negotiations
process in which neither party has any legal method to objectively determine what
an fully applicable, market -based fair and reasonable cost is for a given project;
2. Protracted and in some cases, ultimately futile contract negotiations processes
between parties that were "too far apart" to begin with; and
3. A lack of public transparency regarding market costs that prevents public agencies
and the citizens they serve from being able to assess whether the public is receiving
maximum value for the tax dollar.
Page 3 of 3
The singular reliance upon the QBS method is contrary to how virtually all other
purchases are procured publicly in Florida. In almost every other instance (including the
purchase of other professional services not subject to the statute), public agencies have
the discretion to procure through a variety of methods.
WHAT THE PROPOSED REFORM IS
The proposed reform to the law would introduce an optional "Best Value" (BV)
alternative procurement method that public agencies could use at their discretion to
meet their tactical needs. The alternative procedure, like the QBS method would be
focus primarily upon the qualifications of the competing firms. Unlike QBS, the BV
method would introduce limited price competition, but only among the most qualified
firms. The proposed BV procedure is balanced and tempered, intended to address the
problems cited previously. It is not meant to radically shift or exaggerate the significance
of pricing considerations in the selection process.
WHAT THE REFORM IS NOT
The proposed reform is not intended to in any way promote or introduce the use of
competitive sealed bidding into the statutory selection or negotiation processes. The
proposed reform does not call for the elimination, curtailment or alteration of the existing
QBS selection method. Public agencies would retain their choice to continue to use the
QBS process "as is". Most importantly, the proposed BV method is not a means for
promoting the hiring of unqualified firms and does not in any way threaten public health,
safety or welfare.
HOW THE BEST VALUE PROCESS WOULD WORK
As under the existing QBS selection method, agencies would continue to solicit
proposals from competing firms as prescribed under Section (3) of the statute ("PUBLIC
ANNOUNCEMENT AND QUALIFICATION PROCEDURES"). As with the QBS
process, agencies would evaluate and shortlist the most qualified firms based strictly
upon qualifications -based factors pursuant to the requirements of subsection (4) (a).
After establishing the initial shortlist, agencies following the BV process would solicit
subsequent proposals that include each firm's price, cost and resource considerations.
The shortlisted firms would then be re-evaluated under published criteria that include
price and qualifications -related factors. In no instance would price be allowed to be
more than 50 percent of the scoring weight of that evaluation process. The agency
would select the best overall firm(s) and would subsequently negotiate a contract with
the selected firm(s) in accordance with the requirements of Section (5) "COMPETITIVE
NEGOTIATIONS". All other provisions of the statute would remain intact under the
proposed reform.
Page 4 of 4
BENEFITS OF THE REFORM
The primary benefits of the proposed reform include the following:
1. A more objective and transparent method of selection;
2. An additional method for procuring professional services that in some instances,
would better meet the needs of an agency and its constituents; and
3. The promotion of small business development as qualified firms with lower overhead
costs may be more competitive.
4. A means to more competitively evaluate and justify the overall value of each
contract.
PRECEDENCE FOR THE REFORM
Through its 36 year history, the CCNA has been amended on many occasions. Among
these changes include the addition of the continuing contract instrument, the
design/build procurement method and most recently, the inclusion of construction
managers under the law. All of these aforementioned changes have the collective effect
of giving public agencies expressed alternative or expanded means of procurement
while providing the agencies and the competing consulting firms with guidance as to
how to conduct business.
The proposed reform is no different. It would provide public agencies an alternative
method of procurement while leaving the existing QBS method completely intact. Either
method would be available to public agencies and the expectation is that agencies
would strategically choose the appropriate method prior to the commencement of the
competitive process much as they do now with design/build, continuing contracts and
construction manager services purchases.
CONCLUSION
The introduction of the Best Value selection method offers public agencies and the
consultant industry the opportunity to work together to enhance the process of procuring
professional services in a progressive and responsible manner.
Page 5 of 5
• • EXHIBIT 5
* * Official * * DEC 7, ZOZO
Retention of Judge Robert M. Gross of the Fourth District Court of Appeal
YES 4095 votes
NO 2851 votes
Retention of Judge Spencer D. Levine of the Fourth District Court of Appeal
YES 3977 votes
NO 2933 votes
Retention of Judge Melanie G. May of the Fourth District Court of Appeal
YES 4118 votes
NO 2821 votes
For City Council, the whole number of votes cast was 2382 of which number
Lowry Markham received
569 votes
Devin R. Maxwell received
618 votes
Dowling R. Watford, Jr. received
595 votes
Clayton Williams received
600 votes
We certify that pursuant to Section 102.112, Florida Statutes, the canvassing
board has compared the number of persons who voted with the number of
ballots counted and that the certification includes all valid votes cast in the
election.
Punty Judge
S-dDkrvisor of Elections
Chairman ,board of Coun ommissioners
•
City of Okeechobee SS SE 3rd Av Okeechobee FL 34974-2932
Office of the City Administrator Brian Whitehall
Ph 863-763-3372 Fax 763-1686 email. bwhitehalacityofokeechobee.com
. F^
* * * * *Memorandum
a 1915 �'
Date: for Dec 7, 2010 City Council meeting
TO: Mayor & City Council
FR: Admin Brian Whitehall 1-1-i r%
RE: Chamber of Commerce Lease
As we discuss the Chamber lease the following may be important to you:
• The Chamber was closed throughout the summer w/ the
understanding that it would reopen on Aug 1, 2010
• The chamber remained closed as the Labor Day fest started and City
Hall rec'd dozens of calls from vendors and visitors. Pres Matt
Buxton did assist in trying to make the fest work. No general
membership meetings were being held and members were left clueless
as no communication was made.
• After the Labor Day fest a Steering Committee was formed and met
with the Chamber Exec Bd. The Committee was told that the each of
the Exec Bd members were weary and `burned out'. The matter of an
IRS lien was discussed. The Board seemed receptive to a new
Chamber initiative.
• No membership meetings have been held and the office is essentially
closed as we approached the Christmas festival. Main Street agreed to
orchestrate the Christmas fest this year only. Instructed City Hall staff
to direct Christmas inquires to Main Street and placed a sign on the
bldg door w/ Main Street's phone number.
• The annual Speckled Perch felt is in February and there is concern
that we will not have a sponsor.
• There appears to be a difference of opinion amongst the Chamber
Board as to formal dissolution.
• Each Board member has been told at one time or another that the City
may consider cancelling the lease due to the Chamber's lengthy
inactivity and apparent lack of any future plan to open.
CertifiedCopy
I certify the attached is a true and correct copy of the Articles of Incorporation of
OKEECHOBEE AREA CHAMBER OF COMMERCE, INC., a Florida corporation, filed
electronically on November 30, 2010 effective November 22, 2010, as shown by the records of
this office.
I further certify that this is an electronically transmitted certificate authorized by section 15.16,
Florida Statutes, and authenticated by the code noted below.
The document number of this corporation is N 100000 11113
Authentication Code: 101201092344-000188007140#1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
First day of December, 2010
Cengicate ofstatus
I certify from the records of this office that OKEECHOBEE AREA CHAMBER OF
COMMERCE, INC. is a corporation organized under the laws of the State of Florida, filed
electronically on November 30, 2010, effective November 22, 2010.
The document number of this corporation is N 100000 11113.
I further certify that said corporation has paid all fees due this office through December 31, 2010,
and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
I further certify that this is an electronically transmitted certificate authorized by section 15.16,
Florida Statutes, and authenticated by the code noted below.
Authentication Code: 101201092344-000188007140#1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
First day of December, 2010
)9aW I. Roberto
�etr¢tacv M �taM
Electronic Articles of Incorporation
For
OKEECHOBEE AREA CHAMBER OF COMMERCE, INC.
N10000011113
FILED
November 30, 2010
Sec. Of State
rvarnadore
The undersigned incorporator, for the purpose of forming a Florida not -for -
profit corporation, hereby adopts the following Articles of Incorporation:
Article I
The name of the corporation is:
OKEECHOBEE AREA CHAMBER OF COMMERCE, INC.
Article II
The principal place of business address:
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34971
The mailing address of the corporation is:
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34971
Article III
The specific purpose for which this corporation is organized is:
TO FORM AND MAINTAIN AN AREA CHAMBER OF COMMERCE TO SERVE
OKEECHOBEE COUNTY AND COUNTIES SURROUNDING LAKE OKEECHOBEE,
FLORIDA.
Article IV
The manner in which directors are elected or appointed is:
AS PROVIDED FOR IN THE BYLAWS.
Article V
The name and Florida street address of the registered agent is:
RAY O WORLEY
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34972
I certify that I am familiar with and accept the responsibilities of
registered agent.
Registered Agent Signature: RAY O. WORLEY
Article VI
The name and address of the incorporator is:
RAY O. WORLEY
1225 NE 42ND TERRACE
OKEECHOBEE, FL 34972
Incorporator Signature: RAY O. WORLEY
Article VII
The initial officer(s) and/or director(s) of the corporation is/are:
Title: P
MICHELLE L HARPER
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34972
Title: VP
KINCHEN BERTHA
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34972
Title: TRES
RAY O WORLEY
1225 NE 42ND TERRACE
OKEECHOBEE, FL. 34972
Article VIII
The effective date for this corporation shall be:
11/22/2010
N10000011113
FILED
November 30, 2010
Sec. Of State
rvarnadore
For„ 093-4
Appecavon for Employer Identification Number
OMB No. 1545-0003
(Rev. January 2010)
(For use by employers, corporations, partnerships, tt'usts, estates, churches,
EIN
Depamnent of to Treasury
Internal
government agencies, Indian tribal entities, certain individuals, and others.)
►
2 // 4
qO 0 (o3
Revenue Service
IN -See separate instructions for each line. Keep a copy for your records.
(o 5-7
O
1 Legal name of entity (or individuaQ for whom the EIN is being requested
Okeechobee Area Chamber of Commerce, Inc.
2 Trade name of business Cd different from name on line 1)
3 Executor, administrator, trustee, "care of, name
_m
Ray O. Worley
V
4a Mailing address (room, apt., suite no. and street, or P.O. box)
Sa Street address (if different) (Do not enter a P.O. box.)
c
1225 NE 42nd Terrace
C.
4b City, state, and ZIP code (if foreign, see instructions)
5b City, state, and ZIP code (if foreign, see instructions)
L.
Okeechobee, FL 34972
Q.
6 County and state where principal business is located
F
Okeechobee, Florida
7a Name of responsible party
7b SSN, MN, or EIN
Ray O. Worley
262-88-4829
6a Is this application for a limited liability company (LLC) (or
8b if 8a is "Yes," enter the number of
a foreign equivalent)? . . . . , . , . , ❑ Yes ® No
o.
LLC members . . . . ►
of utu uruleu otalesr )J Yes LJ NO
9a Type of entity (check only one box). Caution. If 8a is "Yes," see the instructions for the correct box to check.
❑ Sole proprietor (SSN) ❑ Estate (SSN of decedent)
❑ Partnership ❑ Plan administrator MM
❑ Corporation (enter form number to be filed) ► ❑ Trust (TIN of grantor)
❑ Personal service corporation ❑ National Guard ❑ State/local government
❑ Church or church -controlled organization ❑ Farmers' cooperative ❑ Federal govemment/military
® Other nonprofit organization (specify) ► Chamber of Commerce ❑ REMIC ❑ Indian tribal govemmentstenterprises
❑ Other (specify) ► Group Exemption Number (GEM if any ►
9b If a corporation, name the state or foreign country State Foreign country
(if applicable) where incorporated Florida
10 Reason for applying (check only one box) ❑ Banking purpose (specify purpose) ►
0 Started new business (specify type) ► ❑ Changed type of organization (specify new type) is -
Chamber of Commerce ❑ Purchased going business
❑ Hired employees (Check the box and see line 13.) ❑ Created a trust (specify type) ►
❑ Compliance with IRS withholding regulations ❑ Created a pension plan (specify type) ►
❑ Other (specify) ►
11 Date business started or acquired (month, day, year). See instructions. 12 Closing month of accounting year December
November 22 2010
' 14 If you expect your employment tax liability to be $1,000
13 Highest number of employees expected in the next 12 months (enter -0- if none). or less in a tug calendar year and want to file Form 944
If no employees expected, skip line 14. annually instead of Forms 941 quarterly, check here.
(Your employment tax liability generally will be $1,000
Agricultural Household Other or less if you expect to pay $4,000 or less in total
One wages.) If you do not check this x, you must file
Form 941 for every quarter.
15 First date wages or annuities were paid (month, day, year). Note. If applicant is a withholding agent, enter date income will first be paid to
nonresident alien (month, day, year) . . . . . . . . . . . . . . . . ► None
16 Check one box that best describes the principal activity of your business. ❑ Health care & social assistance ❑ Wholesale-agent/broker
❑ Construction ❑ Rental & leasing ❑ Transportation & warehousing ❑ Accommodation & food service ❑ Wholesale -other ❑ Retail
❑ Real estate ❑ Manufacturing ❑ Finance & insurance ® Other (specify) Chamber of Commerce
17 Indicate principal line of merchandise sold, specific construction work done, products produced, or services provided.
Assist in economic development, industrial and manufactoring recruitment, small business development and tourism.
18 Has the applicant entity shown on line 1 ever applied for and received an EIN? ❑ Yes 0 No
If "Yes," write orevious EIN here ►
Complete this section only if you want to authorue the named individual to receive the entity's EIN and answer questions about the completion of this form.
Third
Designee's name
Designee's tdeptgne number (include area code)
Party
Ray O. Woriey
( 863 ) "7-1114
Designee
Address and ZIP code
Designee's fax number (include area code)
1225 NE 42nd Terrace, Okeechobee, FL 34972
( )
Under penalties of perjury. I declare that I have examined Ns application, and to the best of my knowledge and belief, it is true, correct, and complete.
AppkwWs telephorie number (include area code)
Name and We (type or print dearly) ► y O, Worley
( )
Signature ► �r
AppAcarirs fax number (include area code)
�,/1�-3.0
Date ► i/!
( )
rur rrrvacy ACC ana Paperwork Reduction Adt Notice, see separate inductions. Cat No. 16055N Form SS-4 (Rev. 1-2010)
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—F RST NAME —MIDDLE NAME NAM�y OF BOAR , COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
WA Ford , L>GWit�G R. ('L4 �ouno LT
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
7��` I ,EC 4_ _`•ITS Q WHICH I SERVE IS A UNIT OF:
CITY C l `�' COUNTY CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
V n p Q_ VX0bQ NA&EE,OF POLITICAL SU� IVISION:
v X.. aL (`I- 1 1
DATE ON WHICH VOTE OCCURRED
p 7 MY POST ION IS:
y (i 910f ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 813 - EFF. 1/2000 PAGE 1
The Updates!
r from the City Administrator's Desk
SS SE 3rd Av., Okeechobee, FL 34974
`1916° City Hall — 763-3372
City Council meeting of December 7, 2010
• Blvd Median Curbing — On Dec 1 st the city accepted bids to improve SW
P St and SW 4th St (6 blks total) with a median curb project similar to the
one completed last budget year on SW 5th Av and SE 4th St. Staff is
recommending that the project be awarded to Vest Concrete, last year's
contractor, as the low bidder ($5.50/ft; $21,175) as reflected on the exhibit
to the Agenda.
• Squad car purchase — A spreadsheet for the squad cars purchase is
attached to the Agenda as an exhibit. Originally, the City had 12 Crown
Vics, 6 Chargers and one pickup. And w/ the State Bid, prices were able
to meet the $418,000 City budget. Unfortunately, we didn't anticipate the
overage caused by the local vendor pref and have subsequently removed
one Crown Vic from the purchase. That vehicle was an 'extra' that the
City had available to use when any of the Police cars (18 vehicles) were in
the shop. We are going to try to trade off vehicles without the 'extra' this
year.
• Store front church provisions — At the 11/2/10 City Council meeting there
was discussion about the storefront churches, request from the owner of N
Shore Plaza. The existing Code provides for a Sp Exc in Commercially
zoned area for churches but this scenario doesn't meet the Sp Exc regs.
Planner Brisson prepared detail/justification (attached), but essentially the
measure allows storefront churches through an application process.
Church In the CBD - While the Planning Bd felt the CBD should be exempt
from the parking requirement, there is no provision in the proposed Ord to
accom that. While the parking requirement in the CBD is loosely
enforced, there are requirements, and I don't know what basis the city
could justify exempting churches and not others. So, regardless of the
church location, a parking analysis should be done. The Ordinance will be
placed on the Jan 4th Agenda.
• Resolution 10/12 — Supporting changes to the Competitive Negotiation Act
to allow local government to procure professional services on a "best
value basis", is on the Agenda.
• Carter Pritchett Advertising v City billboard issue —The only document
executed since the Council closed session was a Trolling Agreement,
dated Oct 27th, 2010 giving the attorneys additional time to negotiate the
mediation, essentially foregoing any Statute of Limitations and delaying
the pending court case. We have heard nothing about the substance of
our counter proposal.
On -street parking request — have heard nothing from Ronnie Lawrence,
White House Plaza, about adding parking spaces on the west side of the
facility.
Page 1
•
0
1217110 Activity Rpt ContV
Sign Ord — As a result of last meeting's discussion, I propose that the sign
provisions of the Code dealing with the running/apparent moving/blinking
etc. variety of sign be prohibited completely (except time/temp and barber
type) with the existing ones being 'grandfathered' in. Perhaps you can
advise on the Ord preparation.
• Legislative delegation is tentatively scheduled for Jan 18t'. If you have
individual legislative issues please advise so that I can provide the nec
info. Unfortunately, again this year the State is not entertaining the formal
request method that they have in prev yrs, as evidenced by the following
memo from the Speaker of the FL House.
From: Cannon, Dean Sent. Monday, November 22, 2010 4:00 PM Subject. Community
Budget Issue Request System (CBIRS)
MEMORANDUM
TO: Members of the Florida House of Representatives
FROM: Dean Cannon, Speaker
DATE: November 22, 2010
RE. Community Budget Issue Request System (CBIRS)
Given the continuing fiscal challenges facing our state and the need to focus our efforts
on solutions to balance the state budget, neither the House nor the Senate will be
opening the Community Budget Issue Request System (CBIRS) this year. I believe that
opening the system would create unrealistic funding expectations for the coming fiscal
year.
• Asphalt program 2010 — by the City council date the 60 block/City Hall pkg
lot project should be close to completion. Again, the unit price of $4.98/sq
yd is 12.5% less than the last project ($5.69/sy) resulting in an estimated
total project cost of about $306,000...almost $40k less than estimated.
• City Hall restroom remodel — As you're aware the City added a few
remodeling items to the restroom project. The last two things to finish the
lobby renovation include painting the rest of the walls up to the 2"d floor
along with the fan/lighting replacement and we settled on carpet
replacement verses a much more costly and complicated tile installation
throughout.
• Chamber— Have spoken to Chamber reps Matt Buxton, Brenda Appleton,
and Tina Troendle a few times, along with the IRS agent, in an attempt to
resolve the Chamber issues. At the last Steering Comm the IRS agent
gave us the form for 'Application for Discharge of Fed Tax Lien' and I gave
a copy/instruction to Brenda for completion. Discussed the Chamber
Lease with Atty Cook and he is investigating the City's legal prerogative to
cancel the Lease.
• Tree donations — I mentioned that we have possible tree donations from
Mark Goodbread, a church and the County perhaps has some left over
from a grant -funded project. Our thinking was some could be planted on
the blvd areas inside the recently curbed projects (SE 0 St, SW 5t' Av)
and depending on timing, the pending curb project. We discussed
perhaps at the entrance to the Commerce Park too, but am requesting any
preferences you may have.
Page 2
•
•
12/7/10 Activity Rpt Cont'd
• IRSC thank you for donation of $2272 is attached. One more payment
$2272 is due in the next budget year.
• Temp use and Temp structures permitting — The City Code now provides
for a permit, fee ($175, no charge for a non-profit special event) and
inspection method to allow businesses to conduct an event which will
result in erection of temporary structures. A recent applicant complained
that permitting an open house seemed a bit much and I've had a City
Councilman mention that this matter should be placed on a future agenda.
>There are instances that make sense to permit, such as a rodeo
or circus, sp events that may result in increased liability or public safety
issues.
>The City Code is a bit confusing/contradictory.
>I've instructed General Services to compose an accurate
accounting of what our practice has been so that the City may adopt a
clearer policy.
• Waste Management's elephant center — Jeff Sabin advised that the
elephant center originally expected to be on the county line has all but
been cancelled. I'm gathering that the PETA, People for the Ethical
Treatment of Animals, of which campaigns include ending fur and leather
use, meat and dairy consumption, fishing, hunting, trapping, factory
farming, and circuses to mention a few, have essentially managed to
eliminate the project.
• Commerce park — I spoke to Councilman -elect Maxwell about the park
marketing etc and upon a little investigation, found the following
assessments on the vacant City -owned lots:
Lot # Acres Assessed Value 2009 Assessed Value 2010
Lot A
2.54
$190,347
$107,950
Lot 6
3.72
$278,776
$158,100
Lot 13
3.08
$230,815
$130,900
Lot 14
4.08
$305,755
$173,400
Lot 15
3.59
$269,184
$152,660
Lot 16
4.07
$305,000
$172,975
Lot 17
1.497
$112,185
$ 63,622
Lot 17A
1.00
$ 52,458
$ 29,750
Lot 17B
1.00
$ 52,458
$ 29,750
You recall that in Jan 2010 the City set an approx sale value of $100k/acre
on the lots.
Page 3
1217110 Activity Rpt Cont d •
For illustrative purposes, you can examine the tax consequences for a
business located in the Park (fr okeechobeepa.com):
ENTEGRA ROOF TILE CORPORATION
Assessed Value
City Tax
Total Taxes
2006
$
842,016
$ 6,054.01
$18,537.57
2007
$
2,469,133
$ 16,051.83
$50,952.79
2008
$
2,819,298
$ 19,011.09
$61,579.12
2009
$
2,783,351
$ 18,768.69
$65,439.53
2010
$
1,775,816
$ 12,862.59
$43,684.01
• 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. 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.
• Dates to remember:
*Dec 4t' — Philfiesta at the proposed Philippine Enrichment Complex at
5154 SW 16th Av
*Dec 11t" - Christmas Parade (6pm), Main Street, fest starts at 9am
*Jan 29th — 4th Annual Health & Safety expo at the Agri -Center
City Clerk:
• Resolution 10-13 on the Agenda certifying the Nov 2 election results
Finance:
• Audit — The City audit will be on -site during the week of December 6th
• Investment Policy — We've done additional research on same. Robin compiled 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 duties/performance.
General Services:
Southern Trace devel — Cty Eng Bermudez and I met with Steve Dobbs
and Irving Haase on 11/5/10 at their request and discovered that their
development has had a setback due to the investor participation. They
are exploring some other alternatives which, of course, may result in a
plan modification.
Evaluation and Appraisal Report (EAR) — City rec'd what should be final
amendments from the Planning Bd and Planner which are being
distributed to you. The matter will be placed on the Jan 4th Agenda.
Page 4
1217110 Activity Rpt Cont d
Water Supply 10-yr Plan Ord — We had the 1Sr 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).
noticed that the News had an article that the County was adopting the
WSP, so contacted Bill Royce and he has supplied a copy of their plan
and ordinance for our use. It has been given to LaRue's office and
hopefully we can plagiarize their statistical information for our use.
Police:
Activity report for Oct:
Calls-599, Traffic wamings-85, Traffic citations-120, Arrests-34,
Traffic accidents-40
Attached find copies of reports from Police Detectives for Oct.
Shared Services — In the last report I mentioned about the dramatic
increase in domestic violence in the Treas Coast. As a result, I asked
Chief Davis to investigate stats in Okeechobee and he produced a report
that reflected 8 month history intervals back to the new PD computer
purchase date. There were 54 Police responses to 'domestic violence' in
the last 8 months vs 66 in the prior 8 months. Without manual research
we have no puter data prior to the time, and this data is all within a period
of economic distress, so it's inconclusive as far as I'm concemed.
SLERS radio system — Nov 12t' meeting to perfect radio channel
frequency and 'talk group' issues. Still no word on when the radios will be
placed into service for the City.
Grant for gun purchase — have applied for monies for 11 handguns for the
Dept for consistency and updating.
Squad car purchase — See info under new/unfin business above and on
Agenda.
Public Works/Engineering:
• Tree Lighting — Looks like the project was successful, the PWks is putting
the finishing touches on the parks and Finance Dept Barnes is
orchestrating Santa in the park Dec 1, 2, 7, 8, 9, 13 M 4.
• Stri in — Again, the street paint striping will be conducted by a separate bid
contract as we get close to the asphalt project completion.
• Commerce park lakes and wetland — met with SFWMD reps to discuss finalizing
the Park's improvements ... which has been a long time coming. After that, we
met with Craig A Smith rep to perfect reporting. I'm hoping this is simply a
reporting issue, as SFWMD indicates they don't have some as -built maps.
• Asphalt -grinding applications — the City has been applying grindings to a few
alleys throughout town which is only slightly more expensive than shell but
infinitely more suitable for street surfacing.
• Safety issues — Public Works has been saddled with most of the fixes associated
with PRM's report ... have continued to make progress on that.
• Warehouse at the City -gara-ge facilities — Continued wkg on, incl City workers
participation in the construction, for example, site prep and concrete work.
Page 5
Plannin •
"r& Management Services, Inc,
uA
Memorandum
To:
Mayor and City Council
From:
Bill Brisson
Date:
November 23, 2010
Subject:
"Storefront churches"
At its meeting on November 18`h the Planning Board unanimously recommended approval of
adding "storefront church" to the list of permitted uses in the industrial district and commercial
districts in the City in the manner set forth under the items 1 & 2 on pages three and four of our
memorandum dated November 18`h. The Board also recommended that "storefront churches" in
the CBD be treated, with regard to requirements for off-street parking, in the same manner as
other uses allowed in the CBD.
Our original recommendations allowed for "storefront churches" with less than 1,500 square feet
of space (excluding storage areas) as a permitted use and uses with larger assembly areas would
need approval of a special exception. After additional consideration, we believe that, since the
availability of parking will be the primary determinant in the ability to locate a "storefront
church" in a given location, there would be no need to require special exception approval for the
larger spaces.
We have, however, provided two different levels of parking requirements for storefront churches
— one space for each 90 square feet of assembly area for spaces up to 1,470 square feet, and one
space for each 45 square feet of assembly area in excess of 1,470 square feet. These requirements
are based on thresholds the Fire Department uses for determining maximum occupancy of
assembly areas,
The specific proposed changes to the Land Development Code are provided on the following
pages.
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 info u;larueplanning.com
r�
U
PROPOSED REGULATIONS TO ALLOW FOR "STOREFRONT CHURCHES"
To accommodate "storefront churches in the commercial an industrial areas of the City, we
propose the following changes to the City's Land Development Code:
1. Add a definition to Sec. 66-1. Definitions, to read as follows:
Storefront church means a house of worship located in a unit in a multi use commercial
building or commercial shopping center.
2. Add "Storefront church" to the list of permitted uses in the CPO, CLT, CHV, CBD, and
IND zoning districts as follows:
CPO: Sec. 90-222. Permitted Uses
(3) Storefront church located in a unit in a
multi -use building or shopping center.
CLT: Sec. 90-252. Permitted Uses
(5) Storefront church located in a unit in a
multi -use building or shopping center.
CHV: Sec. 90-282. Permitted Uses
(13) Storefront church located in a unit in a
multi -use building or shopping center.
CBD: Sec. 90-312. Permitted Uses
(11) Storefront church located in a unit in a
multi -use building or shopping center.
IND: Sec. 90-342. Permitted Uses (22)
Storefront church located in a unit in a
multi -use building or shopping center.
3. Modify the title of Division 9 to read as follows:
DIVISION 9. SPECIAL EXCEPTION USE AND SUPPLEMENTARY USE
REGULATIONS.
4. Modify Division 3. OFF-STREET PARKING AND LOADING, Sec. 90-512. Space
regulations, by adding a parking requirements for storefront churches, under subsection
(2) Commercial Uses: to read as follows:
2
Storefront church with fixed seating 1 per 3 seats in the assembly area
used for worship For pews each 18
inches shall equal one seat
Storefront church without fixed seating 1 space for each 90 square feet of
assembly area used for worship up to
1 470 square feet plus 1 space for
each 45 square feet of additional
assembly area in excess of 1,470
square feet.
5. Add a new Section 90-702, Storefront churches, to read as follows:
Sec. 90-702, Storefront church requirements
Storefront church requirements are as follows:
(1) The applicant for use of a unit as a storefront church shall submit to the Cily, along
with its application for a building permit or certificate of occupancy, as appropriate
the following information
(a) A list with the names of each of the uses in the multi use building or shopping
center and a description of each (e retail restaurant professional or
business office, medical office etc.);
(b) square footage of each use upon which parking is calculated (excluding
storm
(c) days and hours of operation of each use;
(d) total number of required off-street parking spaces associated with the multi-
use building or shopping center•
(e) number of vacant units and the square footage of each; and
Lfl the number of fixed seats in or square footage of floor area of the assembly
area of the storefront church that will be used for worshi • and the da s and
hours of use of the assemblv area including estimates of attendance at those
times.
2 A Business Tax Receipt (BTR) shall only be issued if the Cily determines the fore-
going information indicates that the current parking inventory associated with the
multi -use building or shopping center in which the storefront church is located can
accommodate the combined parking demand of the existing uses and the use of the
assembly area of the storefront church during periods of concurrent use
E
Brian
•
From: Bill Brisson [bill@larueplanning.com]
Sent: Wednesday, November 24, 2010 8:42 AM
To: bwhitehall@cityofokeechobee.com; John Cook; bclement@cityofokeechobee.com
Cc: rbrock@cityofokeechobee.com; jim@larueplanning.com
Subject: Materials on storefront churches for Council meeting on Dec 7
Attachments: Memo2 CC.doc; Storefront church Dft Ord.doc; Memo2 PB.pdf
Brian,
As you are aware, the Planning Board considered and recommended provisions to allow storefront churches at
its meeting on November 18. 1 have attached three MS Word files on this issue for review by the City Council
at its meeting on December 7t'.
The first file is a memo to the City Council briefly explaining our proposed regulations to allow storefront
churches. After additional consideration, we have modified our recommendations slightly from those
discussed during the Planning Board meeting. We have also refined the proposed changes to fit into the
appropriate sections of the LDC.
2. The second file is a draft of the adopting ordinance. Please have John review this and change the
Ordinance so that it is acceptable to him for adoption by the City Council should they so choose.
3. The third file is the memorandum I distributed to the Planning Board at the November 18t' meeting. It
provides some background information that may be helpful.
As we discussed earlier, neither Jim nor I will be unable to attend the December 7tr' Council meeting as we
both have long-standing prior commitments. However, if a Council member wishes to discuss the issue any
time before the meeting, please have them call me. Also, I have cleared my calendar for the January 4`h
meeting and will be there to discuss this issue as well as the EAR.
Finally, please look at the last paragraph (2) on page three of the memo. Do you expect that Oscar would be
the individual to review the submission and determine whether or not there will be adequate parking based on
the information required in this paragraph? Do you think the way we've set it up is workable from the City staff
standpoint? While we expect that if a storefront church locates in a shopping center there will no likely be a
parking problem because the church will most probably not be heavily used during normal business operating
hours. However, we believe the City needs to have the ability to ensure that adequate parking is available
when a storefront church has worship or other services in the assembly area.
We look forward to your comments.
SC Foundatio Inc.
�- Indian River State College
November 2, 2010
Mr. Brian Whitehall
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974-2903
Dear Mr. Whitehall:
• 3209 Virginia Avenue
Fort Pierce, FL 34981-5596
Phone: 772-462-4786
Fax: 772-462-4602
www.irscfoundation.org
Thank you for your wonderful support of Indian River State College (IRSC) and for forwarding your
gift of $2,271.92 (check #25873) on behalf of the City of Okeechobee to support the Treasure Coast
Public Safety Training Complex at the IRSC Main Campus in Fort Pierce. Your continued
commitment to IRSC and to furthering our mission in the community is truly commendable.
The Treasure Coast Public Safety Training Complex is designed to serve as a prototype for public
safety education nationwide. This seven -building, 50 acre complex trains over 1,200 law
enforcement and correction officers, firefighters, EMTs and other public service professionals for
real life situations. This complex also includes updated facilities for the four -county Crime Lab,
including a lab observation area where IRSC criminal justice students can observe DNA testing,
ballistic tests, and other sophisticated forensics operations as part of their learning experience. This
complex is the only such facility in the state of Florida and only one of a few nationwide to be
housed on a college campus. This important Complex is helping to ensure the security of the
region's rapidly growing population by meeting the demands of well -qualified law enforcement
officers and firefighters.
Through this gift and your ongoing involvement in IRSC, you are clearly making a positive impact on
the educational opportunities we are able to offer our students and the communities we serve. On
behalf of the Board of Directors of the IRSC Foundation, thank you again for your generous
support. This contribution qualifies the City of Okeechobee as a member of the President's Club.
As such, the City of Okeechobee will be referenced in the Foundation Annual Report.
Best regards (J(
An . Decker
ecutive Director
cc: Dr. Edwin Massey, President, IRSC
Mt. David Liddle, Foundation Controller
In compliance with IRS requirements, please keep this letter asyour official tax receipt and as certification that neithe
services were provided in consideration or exchange for this contribution.
From: BILL SAUM To: DENNY DAVIS �zo
Subject: Is this what you want?
I have it saved and ready to print out:
Written 11 /05/2010
Bill Saum monthly report
➢ Several burglaries in the Dean's court area — forced entries removing AC's or forcing
doors open.
➢ Many worthless checks — most take care of the checks after we call them.
➢ Many processing cases. I process the evidence for latent fingerprints, blood, hair etc.
➢ Assisted Road Patrol with complaints several times
➢ 100930002 — ASSIGNED - CALLED OUT - ARMED ROBBERY Budget Inn room
107 — called out at 12:59am by Sgt Tarner. All night and into the next evening.
➢ 100930023 — ASSIGNED - CALLED OUT - STABBING Deans Court. 1 16YOA juv
arrested
➢ 100901005 — Walmart vs�— Grand / ID Theft arrests made.
➢ Testified at sentencing offor SAO — Latents sentence
enhancement — he received more years via my testimony.
➢ COUNTERFIETS MONIES: 7 cases OPD - 7 or so OCSO
➢ Meeting in Deans Court — working to find ID of offenders and PC for arrests...
➢ 101015004 ARMED ROBBERY at BP Washmart Bettye and I assisted JP - Officer
Skip Eddings caught the armed robbery suspect — veh search — house search — I
interviewed at jail and he confessed
➢ 101019005 ASSIGNED - ID THEFT Sarasota / Mcd's 70e — rec faxed paperwork —
found no records for the CC card # being used there. Closed unfounded.
➢ 101020005 — ASSIGNED — Elderly abuse at Okeechobee Health Care — Broken
bones from many falls — no pc for arrest
➢ 10-23-2010 @ 1:00am — Call from Sgt Cale ref my case: 100821005 -Robbery on
8/21/10 at El Rojo Bar — Case closed by arrest — Suspect found and arrested by Russ
Cale at Ochoa's Bar — $32,500.00 bond
➢ VM from Virginia PD ref our counterfeits they have arrested an Okeechobee man
➢ COUNTERFIETS: Went to Highlands County Sheriffs Office & conducted interview
with one of our counterfeiters.
➢ 101105012 ASSIGNED: Percy trespass — Attorneys have the property now for the
family believe property is missing from house — possible ELDERLY ABUSE
now...
End
II/Q/7Oin „___ , _r,
•
From: BETTYE TAYLOR To: DENNY DAVIS
Subject: October Activity Report
I worked the following during the month of October
•
5 residencial burglaries in the North East Section. Guns, money, jewelry WII games stolen
Missing Juvenile Case -Juvenile reported missing and was located in the St. Lucie Jail.
Stolen truck case- Roommate stole vehicle, it was recovered and man in jail
Sexual Battery Case- employee at Cowboys's alleged that she was being sexually harassed by Management at
Restaurant
Identity Theft Case- alleged someone used his identity to recieve medical services from local doctor
Theft of cell phone case- teacher's cell phone stolen during tutoring session
Abuse of the mental challanged adult case reference handicap girls at the Tanglewood being exploited by
people in the Dean's Court area
Elderly person case where she was reported missing then exploited. She was located then case reassigned to
Detective Saum
Stalking complaint reference Juvenile being followed by men after school
Grand theft complaint of metals from local business
Lady was being extorted money by in exchange for not pressing charges on her son for theft
and battery.
Conducted interview for Hamilton County and did follow-up work to assist them in their child abuse
investigation
Assisted JP Zeigler in the search warrant execution on the Armed Robbery suspect and went to the Osceola
Middle School and did his interview of the juvenile victim.
Assisted JP with his burglary case that happened in River Run victimlOOMby meeting with her taking down
and doing property sheets on all the missing jewelry. Going to the Pawn Shops with Detective Shireman from
the SO and going through the items pawned by possible suspects. Took video taped interview of possible
witness who might have information in his case.
Worked on computers and worked Evidence Room.
I went to Pension Board Conference
I went to 2 hour training with Marthas House
Bettye Taylor
Detective Zeigler's Monthly Activity Report
Month of October 2010
[Report Due Date 11-9-101
Report Date: 11-5-10
The following are highlights of my activities during the period noted above.
- OPD Case # 100217007-Investigation continues into � Jewelry Store
Robbery, followed up on some leads. Still working the case.
- OPD Case # 100902004-Investigation continues into Grand Theft case.
No new leads.
OPD Case # 100908006-Closed investigation re Elderly Abuse case re®
No probable cause for arrest at this time.
OPD Case # 100917019-Closed investigation re Fraud case re -
Investigation revealed a family member was involved. Victim
declined prosecution.
OPD Case 101008008 Theft -Closed investigation re Theft case involving
Case cleared by Patrol Arrest (Ofc. Paczygnat).
OPD Case # 101015004 Armed Robbery at BP Washmart-Case cleared by
patrol arrest. Arrested Assisted with investigation..
OPD Case # 100809004 Closed Investigation re Robbery at = eauty
Supply -victim claims to have been robbed at knifepoint-Case
closed per Chief Davis.
OPD Case # 101022021 Worthless Check- Okeechobee Tax Collector's
Office- Suspect: Investigation continues.
- OPD Case # 101022022 Worthless Check- Okeechobee Tax Collector's
Office- Suspect: Case cleared without arrest. Victim
received full restitution and signed discontinuation of charges form.
OTHER ACTIVITIES:
Conducted administrative investigation re (then) Officer Cale.
Prepared(ing) materials for use during in-house training (Firearms, Elderly
Abuse, etc).
Worked on grants. On 10-20-10 received Notice letter from FDLE ref
$3,815.00 JAGD grant funds available. Forwarded information to Chief
Davis and Major Peterson. On-line application deadline is Wednesday,
November 24, 2010 at 5:00pm. Deadline for hardcopy application submission
is Friday, December 3, 2010. Copied and distributed notice letter to Chief
Davis and Major Peterson on 10-20-10. Prepared grant file.
Attended Halloween Luncheon at the ARC of Okeechobee.
Detective John Zei !, #10 Date
AjAXVVELL & MAXVVEEE, P.A.
405 NW THIRD STREET
OKEECHOBEE, FLORIDA 34972
DEVIN R. MAXWELL
Ei I ZABETH A. MAXWELL
TELEPHONE: 863-763-1119
FAcsnmm: 863-763-1179
okeechobeelawyer@yahoo.com
December 2, 2010
City of Okeechobee
Office of the City Clerk
55 SE 3`d Avenue
Okeechobee, FL 34974
RE: Resignation from Okeechobee Utility Authority Board
Dear Madam Clerk:
Please accept this as my resignation from the Okeechobee Utility Authority Board. As
you know, my recent election to the City Council necessitates this resignation, however I look
forward to maintaining a positive rapport with the OUA, in my new capacity.
VERY TRULY YOURS,
DEVIN R. MAXWELL
DRM/
cc: John Hayford, Executive Director