2011-01-04SzLf
AGENDA
CALL TO ORDER - Mayor:
January 4, 2011, City Council Regular Meeting; 6:00 p.m.
II. OPENING CEREMONIES:
CITY OF OKEECHOBEE
JANUARY 4, 2011 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
Invocation given by Very Reverend Father Edward Weiss, of the Church of
Our Saviour; Pledge of Allegiance led by Mayor.
II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Elect Devin Maxwell
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. SWEARING IN OF NEWLY ELECTED OFFICIALS AND ELECTION OF
MAYOR.
A. Swearing in of newly elected officials, Council Members Dowling R.
Watford, Jr., Clayton Williams, Devin R. Maxwell, and City Clerk
Lane Gamiotea, and presentation of a Certification of Election -
Honorable William Hendry, Retired Circuit Judge.
PAGE 10F 8
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk called the January 4, 2011, Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by the Very Reverend Father Edward Weiss, of the Church of Our Saviour; the Pledge was
led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Absent (due to illness)
The Honorable William Hendry, Retired Circuit Judge, began his presentation by complimenting the Council on how
festive the City Parks were decorated during the holiday season. Then he spoke of the challenges that face City
government not only today, but during the depression era denoting how decisions made by the City Council at that time
forever changed the development and formation of the City. He urged the Council to be visionaries, a good listener,
not only to what was being said but what was not being said. Ask questions, use common sense in their decision
making, with the final question being, "Am I making a decision that is in the best interest of the City?"
525
JANUARY 4, 2011- REGULAR MEETING - PAGE 2 OF 8
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
IV. SWEARING IN OF NEWLY ELECTED OFFICIALS AND ELECTION OF
MAYOR CONTINUED.
A. Swearing in of newly elected officials, Council Members Dowling R. Judge Hendry noted that this year will mark the 100 year anniversary of the official name of the community changed
Watford, Jr., Clayton Williams, Devin R. Maxwell, and City Clerk from Tantie to Okeechobee by the post office. He then administered the Oath of Office for City Clerk Lane Gamiotea
Lane Gamiotea, and presentation of a Certification of Election and Council Members Devin Maxwell, Dowling R. Watford, Jr. and Clayton Williams whose terms are January 4, 2011
continued. through January 6, 2015. Each was presented with a Certification of Election, with the office title, terms and signature
of Judge Hendry. Also adding that Mr. Maxwell is the first attorney to be elected to the Council and the 101 S` Council
Member to the City. Mr. Williams was the first Sheriff and State Trooper to be elected to the Council; and finally to Mr.
Watford, having the longest tenure of any elected Council Member with eight terms.
B. Election of Mayor for a two-year term. The floor was opened for nominations for Mayor. Council Member O'Connor made a motion to appoint James E. Kirk
to serve as Mayor of the City of Okeechobee, term beginning_ January 5, 2011 through January 8, 2013; seconded
by Council Member Watford. No other nominations were presented, therefore the floor was closed for nominations.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
V. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present Fred Sterling with a Five -Year Service Award. Mayor Kirk presented to Mr. Fred Sterling a framed Certificate of Longevity Service and a Cross pen with engraving,
for his five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to Fred Sterling In Appreciation for Your 5 Years of Hard Work and Dedication
with the City of Okeechobee May 27, 2005 through May 27, 2010. Service is the lifeblood of any organization.
Everything flows from it and is nourished by it The City and Your Fellow Citizens have Benefitted Greatly by
Your Performance." Mr. Sterling thanked the Council for the opportunity to be part of the City.
B. Present Danny Green with a Five -Year Service Award. Mayor Kirk presented to Mr. Danny Green a framed Certificate of Longevity Service and a Cross pen with engraving,
for his five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to Charles Daniel "Danny" Green - In Appreciation for Your 5 Years of Hard
Work and Dedication with the City of Okeechobee November 11, 2005 through November 11, 2010. Service
is the lifeblood of any organization. Everything flows from it and is nourished by it. The City and Your Fellow
Citizens have Benefitted Greatly by Your Performance." Officer Green thanked the Council for the
acknowledgment.
52 G
JANUARY 4, 2011 - REGULAR MEETING - PAGE 3 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
V. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
C. Present Jack Boon with a Five -Year Service Award,
VI. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the December 7, 2010 Regular Meeting.
VII. WARRANT REGISTER - City Administrator
A. Motion to approve the November 2010 Warrant Register:
General Fund ................................ $372,710.17
Public Facilities Improvement Fund ............... $108,403.77
Capital Improvement Projects Fund ................. $6,998.65
Capital Improvement Projects Fund - Impact Fees ..... $3,348.00
Vill. AGENDA - Mayor
Mayor Kirk presented to Mr. Jack Boon a framed Certificate of Longevity Service and a Cross pen with engraving, for
his five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to Jack Daniel Boon - In Appreciation for Your 5 Years of Hard Work and
Dedication with the City of Okeechobee December 9, 2005 through December 9, 2010. Service is the lifeblood
of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have
Benefltted Greatly by Your Performance. " Officer Boon noted he appreciated his career with the City and being a
part of the City family.
Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the
December 7, 2010 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item.
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve the November 2010 Warrant Register in the amounts: General Fund, three
hundred seventy-two thousand, seven hundred ten dollars and seventeen cents ($372,710.17); Public Facilities
Improvement Fund, one hundred eight thousand, four hundred three dollars and seventy-seven cents ($108,403.77);
Capital Improvement Projects Fund, six thousand, nine hundred ninety-eight dollars and sixty-five cents ($6,998.65);
and Capital Improvement Projects Fund - Impact Fees, three thousand, three hundred forty-eight dollars ($3,348.00);
seconded by Council Member O'Connor. There was no discussion on this item.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
agenda. III There were none.
5 2-7
JANUARY 4, 2011- REGULAR MEETING - PAGE 4 OF 8
AGENDA
IX. OPEN THE PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND
FIRST READING OF ORDINANCE - Mayor.
A.1. a) Motion to adopt proposed Resolution No. 11-01 regarding the
Evaluation and Appraisal Report (EAR) - City Planning Consultant
(Exhibit 1).
b) Public discussion and comments.
1
COUNCIL ACTION - DISCUSSION - VOTE
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND FIRST READING OF
ORDINANCE AT 6:30 P.M.
Council Member Watford moved to adopt proposed Resolution No. 11-01 regarding the Evaluation and Appraisal
Report (EAR); seconded by Council Member Williams.
Mayor Kirk asked whether there were any questions or comments from the public? There were none.
Attorney Cook read proposed Resolution No. 11 -0 1 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA, ADOPTING THEEVALUATIONANDAPPRAISAL REPORT
(EAR) OF THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN; STATING THE INTENT OF THE CITY
COUNCIL TO AMEND THE COMPREHENSIVE PLAN BASED UPON RECOMMENDATIONS CONTAINED IN THE
REPORT; AND APPROVING THE REPORT INACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES;
AND PROVIDING AN EFFECTIVE DATE."
City Planning Consultant Bill Brisson appeared before the Council to briefly review the proposed Evaluation and
Appraisal Report (EAR) for the Comprehensive Plan. The Planning Board held a public participation workshop on May
20, 2010 followed by a public hearing on September 14, 2010. The City then sent a preliminary proposed EAR report
for transmittal to the Department of Community Affairs. The City has received their comments as well as comments
from other State and Local governmental agencies. Planning Staff is confident that all areas have been addressed
as presented in Exhibit One and that DCA should approve this final EAR report.
Council Member Watford asked how often does the City have to conduct an EAR? Mr. Brisson answered every eight
to ten years. Council Member Williams questioned one of the amendments concerning the requirements of traffic
studies for rezoning and land use changes. Mr. Brisson confirmed that not every rezoning/land use change would
require a traffic study and explained the criteria for requiring such a study.
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Sz?
JANUARY 4, 2011 - REGULAR MEETING - PAGE 5 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IX. PUBLIC HEARING CONTINUED.
B.1. a) Motion to read by title only and set January 18, 2011 as a final Council Member Watford moved to read by title only and set January 18, 2011 as a final public hearing date for
public hearing date for proposed Ordinance No. 1070 pertaining to proposed Ordinance No. 1070 pertaining to storefront church property; seconded by Council Member Williams.
storefront church property - City Planning Consultant (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date. VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1070 by title only. Attorney Cook read proposed Ordinance No. 1070 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
INCLUDING SECTION 66-1 DEFINITIONS BYADDING A DEFINITION FOR STOREFRONT CHURCH, SECTIONS
90-22Z 90-25Z 90-28Z 90-312, AND 90-342 ADDING STOREFRONT CHURCH AS A PERMITTED USE IN THE
CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS; DIVISION 9 PERTAINING TO SPECIAL EXCEPTION USE
AND SUPPLEMENTARY USE REGULATIONS; SECTION 90-512 BYADDING PARKING REGULATIONS FOR
STOREFRONT CHURCHES WITH AND WITHOUT FIXED SEATING; AND ADDING A NEW SECTION 90-702I
SETTING FORTH REQUIREMENTS FOR STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND
11 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. III Council Member O'Connor moved to approve the first reading of proposed Ordinance No. 1070; seconded by Council
1070. Member Watford.
b) Public discussion and comments. III Mayor Kirk asked whether there were any questions or comments from the public? There were none.
Mr. Brisson addressed the Council to review the proposed changes in order to allow churches within store fronts as
a permitted use within the above stated zoning districts. The Council questioned why churches would need to apply
for a Business Tax Receipt? Administrator Whitehall explained the complexities with allowing the churches within these
areas and the impact they will have regarding parking and fire safety. An application will have to be developed.
c) Vote on motion. VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
CLOSE PUBLIC HEARING - Mayor. 111 MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:50 P.M.
519
JAWARY 4, 2011- REGULAR MEETING - PAGE 6 OF 8
AGENDA
X. NEW BUSINESS.
A. Consider a request regarding a noise issue at Hammerheads Bar &
Grill - Ron Main (Exhibit 3).
B. Two-year appointments of Council Members to serve as City
Liaisons to various Boards:
Central Florida Regional Planning Council (2 members
Clayton Williams and alternate Mike O'Connor currently
serves).
Tourist Development Council (2 members Mike O'Connor
and Lowry Markham currently serve).
3. Juvenile Justice Council (1 member, Jim Kirk currently
serves).
COUNCIL ACTION - DISCUSSION - VOTE
Mrs. Linda Main addressed the Council regarding a reoccurring problem with extreme noise coming from
Hammerheads Bar and Grill, on Friday and Saturday nights from 10:00 p.m. to 2:00 a.m. She gave a complete report
of all dates and times that her household had to call the police department due to the noise level disturbance. She
presented 12 signatures of surrounding property owners who also have been disturbed by the noise coming from the
establishment. Mrs. Main noted that she did not want to be a bad neighbor, she understood that Mr. And Mrs. Nunez
needed to make money to keep their business open and she was young once also. However, they were at their wits
end and needed to know what to do. Mayor and Council agreed with Administrator Whitehall's suggestion that
Chief Davis set up a meeting with the Nunez's and their assistant, Tom Murphy to discuss what they will be
doing to solve this problem, the time frame for it to be resolved or the police department will need to issue
citations when the noise ordinance is violated.
Mrs. Main agreed this was a good step to try to get the matter resolved. Mayor Kirk replied should this not work, Mrs.
Main should let the Council know.
Council Member Williams and alternate Council Member O'Connorwill serve on the Central Florida Regional Planning
Council.
Council Members O'Connor and Maxwell will serve on the Tourist Development Council.
Mayor Kirk will serve on the Juvenile Justice Council.
4. Treasure Coast Council of Local Governments (1 member, Council Member Watford will serve on the Treasure Coast Council of Local Governments Board.
Dowling Watford currently serves).
5. Okeechobee County Health and Healthy Start Coalition (1 Council Member Maxwell will serve on the Okeechobee County Health and Healthy Start Coalition.
member Lowry Markham currently serves). 11
S30
JANUARY 4, 2011 - REGULAR MEETING - PAGE 7 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
X. NEW BUSINESS CONTINUED.
B. Two-year appointments of Council Members to serve as City
Liaisons to various Boards continued:
Workforce Regional Development Board (1 member Jim
Kirk currently serves).
Okeechobee Main Street (1 member Mike O'Connor
currently serves).
8. Economic Council (1 member Clayton Williams currently
serves).
9. Treasure Coast Regional League of Cities (1 member
Dowling Watford currently serves).
10. Battle of Okeechobee Re-enactment Committee -1
member (Watford currently serves).
11. Executive Round Table (only Mayor position can be
appointed).
C. Consider Citizen Board Appointments - City Clerk (Exhibit 4).
Mayor Kirk will serve on the Workforce Regional Development Board.
Council Member O'Connor will serve on the Okeechobee Main Street Board.
Council Member Williams will serve on the Economic Council.
Council Member Watford will serve on the Treasure Coast Regional League of Cities Board.
Council Member Watford will serve on the Battle of Okeechobee Re-enactment Committee.
Mayor Kirk will serve on the Executive Round Table.
Exhibit Four was a memorandum from Clerk Gamiotea to the Mayor and Council explaining that there were two
alternate Code Enforcement Board vacancies, one General Employee's Pension Board of Trustees vacancy, one
Police officer's Pension Board of Trustees vacancy and one Alternate Okeechobee Utility Authority Board vacancy.
The City has tried various methods to advertise the positions and no one has applied to any of these boards. Only City
residents can apply for these appointments.
The Planning Board/Board of Adjustments has a vacancy and both alternate members have expressed an interest
in being moved to the regular position, as well as five citizens that have applied to be appointed to the board.
Following a brief discussion, Council Member Watford moved to move alternate member Karyne Brass to regular
member position (finishing out Devin Maxwell's term, beginning January 5, 2011 to April 30, 2011); seconded
by Council Member Williams.
531
JANUARY 4, 2011- REGULAR MEETING - PAGE 8 OF 8
Il AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
X. NEW BUSINESS CONTINUED.
C. Consider Citizen Board Appointments continued.
XI, 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.
ATTEr�T: James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
Council Member O'Connor moved to appoint Gary Ritter as an alternate member to the Planning Board/Board
of Adjustments. (to finish out Ms. Brass' term, beginning January 5.2011 to April 30, 2011); seconded by
Council Member Watford.
KIRK - YEA
WATFORD - YEA
MAXWELL - YEA
WILLIAMS - YEA
O'CONNOR - YEA
MOTION CARRIED.
There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 7:35 p.m.
The next regular scheduled meeting is January 18, 2011 at 6:00 p.m.
CITY OF OKEECHOBEE
JANUARY 4, 2011 REGULAR =TYCOUNCIL MEETING
HANDWRITTEN MINUTES -
I. CALL TO ORDER - Mayor 4 U L :
January 4, 2011, City Council Regular Meeting, at V00 p.m.
II. OPENING CEREMONIES:
Invocation given by the Very Reverend Father Edward Weiss, of the Church of Our Saviour;
Pledge of Allegiance led by Mayor
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk -`/
Council Member -Elect Devin Maxwell -v/
Council Member Mike O'Connor - V
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 - \/ f
Public Works Director Donnie Robertson - aA '`
IV. SWEARING IN OF NEWLY ELECTED OFFICIALS AND ELECTION OF MAYOR.
A. Swearing in of newly elected officials, Council Members Dowling R. Watford, Jr., Clayton Williams, Devin R.
Maxwell, and City Clerk Lane Gamiotea, and presentation of a Certification of Election - Honorable William
Hendry, Retired Circuit Judge.
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B. Election of Mavpr for A two-year term.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA TION CARR
V. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present Fred Sterling with a Five -Year Service Award.
Mayor presented to Mr. Fred Sterling a framed Certificate of Longevity Service and a Cross pen with
engraving, for his five years of service and dedication as an employee with the City. The certificate read as follows:
"Longevity Service CertiScate - Presented to Fred Sterling In Appreciation for Your 5 Years of Hard Work and
Dedication with the City of Okeechobee May 27, 2005 through May 27, 2010. Service is the lifeblood of any
organization. Everything flows from it and is nourished by it The City and Your Fellow Citizens have Benefitted
Greatly by Your Performance."
B. Present Danny Green with a Five -Year Service Award.
Mayor presented to Mr. Danny Green a framed Certificate of Longevity Service and a Cross pen with
engraving, for his five years of service and dedication as an employee with the City. The certificate read as follows:
"Longevity Service Certificate - Presented to Charles Daniel "Danny" Green - In Appreciation for Your 5 Years
of Hard Work and Dedication with the City of Okeechobee November 11, 2005 through November 11.2010.
Service is the lifeblood of any organization. Everything flows from it and is nourished by it The City and Your
Fellow Citizens have Benefitted Greatly by Your Performance."
C. Present Jack Boon with a Five -Year Service Award.
Mayor presented to Mr. Jack Boon a framed Certificate of Longevity Service and a Cross pen with engraving,
for his five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to Jack Daniel Boon - In Appreciation for Your 5 Years of Hard Work and
Dedication with the City of Okeechobee December 9, 2005 through December 9, 2010. Service is the lifeblood
of any organization. Everything flows from it and is nourished by it The City and Your Fellow Citizens have
Benefitted Greatly by Your Performance."
3
VI. MINUTES - City Clerk
A. Council Member moved to dispense with the reading and approve the Summary of Council Action for
the December 7, 2010 Regular Meeting; seconded by Council Member VO .
VOTE
KIRK - YEA MAXWELL - YEA O'Co - YEA
WATFORD - YEA WILLIAMS - YEA OTI ARRIED.
VII. WARRANT REGISTER - City Administrator.
A. Council Member moved to approve the November 2010 Warrant Register in the amounts: General
Fund, three hundred seventy-two thousand, seven hundred ten dollars and seventeen cents ($372,710.17);
Public Facilities Improvement Fund, one hundred eight thousand, four hundred three dollars and seventy-
seven cents ($108,403.77);Capital Improvement Projects Fund - Vehicles, six thousand, nine hundred ninety-
eight dollars and sixty-five cents ($6,998.65); and Capital Improvement Projects Fund - Impact Fees, three
thousand, three hundred forthy-eight dollars ($3,348.00) seconded by Council Member M
VOTE
KIRK - YEA MAXWELL - YEA O' _- YEA
WATFORD - YEA WILLIAMS - YEA t1ONC ARRIED
Vill. AGENDA - Mayor
A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's
agenda? I)Ovs2-
IX. MAYOR &LIL OPENED THE PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND FIRST
READING OF ORDINANCE AT (n*-nC) P.M.
A.1. a) Council Member _t)W to adopt proposed Resolution No. 11-01 regarding the Evaluation and Appraisal
Report (EAR) - City Planning Consultant (Exhibit 1); seconded by Council Member Ct-0 .
b)
Public discussion and com
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c) Vote on motion.
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR.- YFA
WATFORD - YEA WILLIAMS - YEA C—V&UWtARRM
05
B.1. a) Council Member moved to read by title only and set January 18, 2011 as a final public hearing date
for proposed Ordinance No. 1070 ertain' g to storefront church property -City Planning Consultant (Exhibit
2); seconded by Council Member.
b) Vote on motion to read by title only and set final public hearing date.
VOTE
KIRK - YEA MAXWELL - YEA O' - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRI
C) City Attorney to read proposed Ordinance No. 1070 by title only as follows: "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS, INCLUDING SECTION 66-1 DEFINITIONS BY ADDING A DEFINITION FOR
STOREFRONT CHURCH; SECTIONS 90-222, 90-25Z 90-28Z 90-31Z AND 90-342ADDING STOREFRONT
CHURCHASA PERMITTED USE IN THE CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS; DIVISION
9 PERTAINING TO SPECIAL EXCEPTION USEAND SUPPLEMENTARYUSE REGULATIONS, SECTION
90-512 BYADD/NG PARKING REGULATIONS FOR STOREFRONT CHURCHES WITH AND WITHOUT
FIXED SEATING; AND ADDING A NEW SECTION 90-702 SETTING FORTH REQUIREMENTS FOR
STOREFRONT CHURCHES, PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE."
2. a) Council Member ja Q.. moved to approve the first reading of proposed Ordinance No. 1070; seconded
by Council Member
b) Public discussion and comments.
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C) Vote on motion.
VOTE
KIRK - YEA MAXWELL - YEA O'CONN -
WATFORD - YEA WILLIAMS - YEA r MOTION CARRIED.
MAYOR L CLOSED THE PUBLIC HEARING AT P.M..
X. NEW BUSINESS.
A. Consider a request regarding a noise issue at Hammerheads Bar & Grill - Ron Main (Exhibit 3).
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B. Consider Two -Year appointments of Council Members to serve as City Liaison to various Boards - Mayor
Central Florida Regional Planning Council (2 members, Clayton Williams and alternate Mike O'Connor
currently serve).
2. Tourist Development Council (2 members, Mike O'Connor and Lowry Markham currently serve).
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3. Juvenile Justice Council (1 member, Jim Kirk currently serves).
4. Treasure Coast Council of Local Governments (1 member, Dowling Watford currently serves).
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5. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves).
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6. Workforce Regional Development Board (1 member, Jim Kirk currently serves).
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Okeechobee Main Street (1 member, Mike O'Connor currently serves).
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8. Economic Council (1 member, Clayton Williams currently serves).
9. Treasure Coast Regional League of Cities (1 member, Dowling Watford currently serves).
10. Battlefield of Okeechobee Re-enactment Committee (1 member, Dowling Watford currently serves).
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11. Executive Round Table (only Mayor position can be appointed).
C. Consider Citizen Board Appointments - City Clerk (Exhibit 4).
VOTE
KIRK - YEA MAXWELL - YEA Q'
WATFORD- YEA WILLIAMS - YEA 10N CARRIED.
Pn / `�
VOTE
KIRK - YEA MAXWELL - YEA EA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
IX. ADJOURN MEETING - Mayor.
There being no further items on the agenda, Mayor
L adjourned the meeting at .m. The next meeting
will be January 18, 2011 at 6:00 p.m.
CITY OF OKEECHOBEE
JANUARY 4, 2011 REGULAR CI CO NCI TING
HANDWRITTEN MINUTES -
I. CALL TO ORDER -Mayor L✓ /^
January 4, 2011, City Council Regular Meeting, at p.m.
II. OPENING CEREMONIES:
Invocation given by the Very Reveren ather Edward Weiss, of the Church of Our Saviour;
Pledge of Allegiance led by Mayor .
III. MAYOR, COUNCIL AND STff F ATTENDANCE - City Clerk.
Mayor James E. Kirk -
Council Member -Elect Devin Maxwel -�
Council Member Mike O'Connor - ri-e-..-e—
Council Member Dowling R. Watford, Jr.-P,/z.0
Council Member Clayton Williams -
City Administrator Brian Whitehall
City Attorney John R. Cook -
City Clerk Lane Gamiotea - -1`
Deputy Clerk Melisa Jahner - hE'la--r
Police Chief Denny Davis -
Fire Chief Herb Smith -
Public Works Director Donnie Robertson -
IV. SWEARING IN OF NEWLY ELECTED OFFICIALS AND ELECTION OF MAYOR.
A. Swearing in of newly elected officials, Council Members Dowling R. Watford, Jr., Clayton Williams, Devin R.
Maxwell, and City Clerk Lane Gamiotea, and presentation of a Certification of Election - Honorable William
Hendry, Retired Circuit Judge.
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B. Election of Mayor for a two-year term.
VOTE
KIRK - YEA MAXWELL - YEA ' - YEA
WATFORD - YEA WILLIAMS - YEA <DMOTTION CARRIED
V. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present Fred Sterling with a Five -Year Service Award.
Mayor presented to Mr. Fred Sterling a framed Certificate of Longevity Service and a Cross pen with
engraving, for his five years of service and dedication as an employee with the City. The certificate read as follows:
"Longevity Service Certificate - Presented to Fred Sterling In Appreciation for Your 5 Years of Hard Work and
Dedication with the City of Okeechobee May 27, 2005 through May 27, 2010. Service is the lifeblood of any
organization. Everything flows from it and is nourished by it. The City and YourFelloW Citizens have Benefittad
Greatly by Your Performance. 11,6c �> i y� Y'/u�
B. Present Danny Green with a Five -Year Service Award.
Mayor presented to Mr. Danny Green a framed Certificate of Longevity Service and a Cross pen with
engraving, for his five years of service and dedication as an employee with the City. The certificate read as follows:
"Longevity Service Certificate - Presented to Charles Daniel "Danny" Green - In Appreciation for Your 5 Years
of Hard Work and Dedication with the City of Okeechobee November 11, 2005 through November 11� 2010. —
Service is the lifeblood of any organization. Everything flows from it and is no h" d by it The C'ty a d Your
Fellow Citizens have Beneritted Greatly by Your Performance.11
C. Present Jack Boon with a Five -Year Service Award.
Mayorpresented to Mr. Jack Boon a framed Certificate of Longevity Service and a Cross pen with engraving,
for his five years of service and dedication as an employee with the City. The certificate read as follows: "Longevity
Service Certificate - Presented to Jack Daniel Boon - In Appreciation for Your 5 Years of Hard Work and
Dedication with the City of Okeechobee December 9, 2005 through December 9, 2010. Service is the lifeblood
of any organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have
Beneritted Greatly by Your Performance."
m �>
VI. MINUTES - City Clerk
A. Council Member to_ moved to dispense with the reading and approve the Summary of Council Action for
the December 7, 2010 Regular Meeting; seconded by Council Member XL.
VOTE
KIRK - YEA MAXWELL - YEA ' - EA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
VI. WARRANT REGISTER - City Administrator.
A. Council Member kk) moved to approve the November 2010 Warrant Register in the amounts: General
Fund, three hundred seventy-two thousand, seven hundred ten dollars and seventeen cents ($372,710.17);
Public Facilities Improvement Fund, one hundred eight thousand, four hundred three dollars and seventy-
seven cents ($108,403.77);Capital Improvement Projects Fund - Vehicles, six thousand, nine hundred ninety-
eight dollars and sixty-fiv is ($6,998.65); and Capital Improvement Projects Fund - Im a t Fees, three
thousand, three hundr forthy- ight dollars ($3,348.00) seconded by Council Member
VOTE
KIRK - YEA MAXWELL - YEA ' NNOR-Y&AA
WATFORD - YEA WILLIAMS - YEA OTION CARRIED.
Vill. AGENDA - Mayor
A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's
agenda?
IX. MAYOR r OPENED JHE PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND FIRST
READING OF ORDINANCE AT d P.M.
A.1. a) Council Member k 0 to adopt proposed Resolution No. 11-01 regarding the Evaluatio and Appraisal
Report (EA ) - City Plannin Consultant (Exhibit 1); seconded by Council Member
b) Public disc sion and corn enfs.
AW
U
C) Vote on motion.
VOTE
KIRK - YEA MAXWELL - YEA '
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
B.1. a) Council Member w moved to read by title only and set January 18, 2011 as a final public hearing date
for proposed Ordinance No. 1070 penrta,i, �'ng to storefront church property - City Planning Consultant (Exhibit
2); seconded by Council Member _�_..
b) Vote on motion to read by title only and set final public hearing date.
VOTE
KIRK - YEA MAXWELL - YEA O' R - YEA
WATFORD - YEA WILLIAMS - YEA CMOTION CARRIED.
C) City Attorney to read proposed Ordinance No. 1070 by title only as follows: "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS, INCLUDING SECTION 66-1 DEFINITIONS BY ADDING A DEFINITION FOR
STOREFRONT CHURCH; SECTIONS 90-22Z 90-25Z 90-28Z 90-31Z AND 90-342ADDING STOREFRONT
CHURCHASA PERMITTED USE IN THE CPO, CL I, CHV, CBD, AND IND ZONING DISTRICTS, DIVISION
9 PERTAINING TO SPECIAL EXCEPTION USEAND SUPPLEMENTARY USE REGULATIONS; SECTION
90-512 BYADDING PARKING REGULATIONS FOR STOREFRONT CHURCHES WITH AND WITHOUT
FIXED SEATING, AND ADDING A NEW SECTION 90-702 SETTING FORTH REQUIREMENTS FOR
STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE."
2. a) Council Member 2� oved to approve the first reading of proposed Ordinance No. 1070; seconded
by Council Member (-".
b) Public discussion and comments.
T ill 02:6
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C) Vote on motion.
VOTE
KIRK - YEA MAXWELL - YEA :-,-
ft
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
MAYOR L6LU CLOSED THE PUBLIC HEARING AT : J0 P.M..
X. NEW BUSINESS.
A. Consider a request regarding a noise issue at Hammerheads Bar & Grill - Ron Main (Exhibit 3).
&A&
'clo e4�,',w
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B. Consider Two -Year appointments of Council Members to serve as City Liaison to various Boards - Mayor
1. Central Florida Regional Planning Council (2 members, Clayton Williams and alternate Mike O'Connor
currently serve).
2. Tourist Development Council (2 members, Mike O'Connor and Lowry Markham currently serve).
3. Juvenile Justice Council (1 member, Jim Kirk currently serves).
4. Treasure Coast Council of Local Governments (1 member, Dowling/Watford currently serves).
5. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves).
6. Workforce Regional Development Board (1 member, Jim Kirk currently serves).
7. Okeechobee Main Street (1 member, Mike O'Connor currently serves).
M
8. Economic Council (1 member, Clayton Williams currently serves).
9. Treasure Coast Regional League of Cities (1 member, Dowling Watford currently serves).
10. Battlefield of Okeechobee Re-enactment Committee (1 member, Dowling Watford currently serves).
11. Executive Round Table (only Mayor position can be appointed).
C. Consider Citizen Board Appointments - City Clerk (Exhibit 4).
lllqx_e�
AVM A
dk
VOTE
KIRK - YEA MAXWELL - YEA O'CONNOR - YEA
ATFORD - YEA WILLIAMS - YEA MOTION CARRIES
VOTE
KIRK - YEA MA ELL - YEA YEA-
WATFORD - YEA WILLIAMS - YEA OTION CARRIED.
IX. ADJOURN MEETING - Mayor.
There being no further items on the agenda, Mayor adjourned the meeting at ' :3 m. The next meeting
will be January 18, 2011 at 6:00 p.m.
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DEPENE
1MW5PAPBRS
OKEECHOBEE NEWS
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, F1.34974
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
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.
Torn Byrd
z worn to and subscribed before me this
- day of ' %AD
Notary Public, State of Florida at Large
'3
NOTARY7'UBLIC-STATE OF FLORIDA
- Angie 13ridgt7
`-Cor,,m.ssion #I, :'liUl18
Expire.S: 1 "R. 20, 2012
BONDED TURV ATL AMC BONDING CO., INC
-
(863)763-3134
CITY COUNCIL MEETING NOTICE
NOTICE Is NI REST GINE21 that the City Council of are City of Okei
ee will meet in Regular Session on Toesday, Deaet0a 7 2OU
:00p.w at CM Hall, 55 SE 3rd Ave, Am 200, Okeechobee, Nc;kla,
ubht 6 invited
and to attend.
The Deoember 21, 2010 Ci of Okeechobee City Counet Meeting has
vicetted. The next regularly scheduled meeting wig be January a, 201
00 p.m.
PLEASE TAKE NOTICE AND BE ADYISED that no stenographic recft
stifled court reporter VAN be made of the "oing ffft&V. Ac ordl
?y person who may seek to appeal any decision involving the matter•
.ed herem coil be feWmitsihle for making a verbatim record of the test
I and evidence at said meeting upon which any appeal IS to be bi
ease contact City Admtnisbatlon at 863-763.337Z or Mebslte
to obtain a at ma aoeada
In accordance with the Americans with Dkabl Act (ADA) of 1990
vts needrg special accommodation to rfJd to In Nis procee
James Ethe y Clerk's Office at 863-763-33 for assistance.
Lane Gamiotea,_CMC City Clerk
CITY OF OKEECHOBEE
JANUARY 4, 2011
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 10F 4
CALL TO ORDER- MAYOR: January 4, 2011, City Council Regular Meeting, 6:00 p.m.
OPENING CEREMONIES: Invocation given by Pastor Edward Weiss, Church of Our Saviour Episcopal;
Pledge of Allegiance led by Mayor
MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Elect Devin Maxwell
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. SWEARING IN OF NEWLY ELECTED OFFICIALS AND ELECTION OF MAYOR.
A. Swearing in of newly elected officials, Council Members Dowling R. Watford, Jr., Clayton Williams, Devin R. Maxwell, and City Clerk Lane Gamiotea, and
presentation of a Certification of Election - Honorable William Hendry, Retired Circuit Judge.
B. Election of Mayor for a two-year term.
V.
W
VII.
2011 PAGE 2 of 4
PRESENTATIONS AND PROCLAMATIONS - Mayor
A. Present Fred Sterling with a Five -Year Service Award.
B. Present Danny Green with a Five -Year Service Award.
C. Present Jack Boon with a Five -Year Service Award.
MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of Council Action for the December 7, 2010 Regular Meeting - City Clerk.
WARRANT REGISTER - City Administrator
A. Motion to approve the November 2010 Warrant Register.
General Fund $372,710.17
Public Facilities Fund $108,403.77
Capital Projects/Vehicle Fund $ 6,998.65
Capital Impact Fee Fund $ 3,348.00
AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
IX. OPEN PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND FIRST READING OF ORDINANCE - Mayor
A.1.a) Motion to adopt proposed Resolution No. 11-01 regarding the Evaluation and Appraisal Report (EAR) - City Planning Consultant (Exhibit 1).
b) Public discussion and comments.
c) Vote on motion.
B.1.a) Motion to read by title only and set January 18, 2011 as a final public hearing date for proposed Ordinance No.1070 pertaining to storefront church property
- City Planning Consultant (Exhibit 2).
JANUARY 4, 2011 PACE 3 OF 4
IX. PUBLIC HEARING FOR ADOPTION OF RESOLUTION AND FIRST READING OF ORDINANCE CONTINUED.
13.1.16) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No. 1070 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1070.
b) Public discussion and comments.
c) Vote on motion.
CLOSE PUBLIC HEARING.
X. NEW BUSINESS.
A. Consider a request regarding a noise issue at Hammerheads Bar & Grill - Ron Main (Exhibit 3).
B. Consider Two -Year appointments of Council Members to serve as City Liaison to various Boards - Mayor
1. Central Florida Regional Planning Council (2 members, Clayton Williams and alternate Mike O'Connor currently serve).
2. Tourist Development Council (2 members, Mike O'Connor and Lowry Markham currently serve).
3. Juvenile Justice Council (1 member, Jim Kirk currently serves).
4. Treasure Coast Council of Local Governments (1 member, Dowling Watford currently serves).
5. Okeechobee County Health and Healthy Start Coalition (1 member, Lowry Markham currently serves).
6. Workforce Regional Development Board (1 member, Jim Kirk currently serves).
7. Okeechobee Main Street (1 member, Mike O'Connor currently serves).
8. Economic Council (1 member, Clayton Williams currently serves).
9. Treasure Coast Regional League of Cities (1 member, Dowling Watford currently serves).
10. Battlefield of Okeechobee Re-enactment Committee (1 member, Dowling Watford currently serves).
11. Executive Round Table (only Mayor position can be appointed).
JANUARY 4, 2011 PAGE 4 OF 4
X. NEW BUSINESS CONTINUED.
C. Consider Citizen Board Appointments - City Clerk (Exhibit 4).
XI. ADJOURN MEETING.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this
proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record
includes the testimony and evidence upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk
P�-egenteJ To
GERTIFIG��
Fpedeplck is St0P1��0
(n /\ppreciation for Your 5-Years of �-IarJ \\//ork and Dedication
vrritk tke City of O�eeckobee
May W, 2005 tkrouq� May W, 2010
Service is the li f eblooJ of any organization. Qverytking f ow5; from it and is nouriskeJ 64 it.
The City and Your F—ellow Citizens have -Penef fitted Greatly by Your performance.
presented this 4tk day of January, 2011.
James E. Klrk, Mayor
Dane Gamlotea, GMG, My Glerk
velFlouly SERVIGE GERT11catt
PreeneJ To
Ghoples DaRlel upoeR
In Appreciation for Your 5-Years of �Jcrd \\Vor� anti Dedicaiion
\with the City o f 06eckobee
November 11, 2005 4rouek November II, 2010
Service is the lifeklood of any organization. --verytking flows f room it and is nourisked by it.
Tke City and Your F—ellow Citizens gave -Penef itted Greatly Ly Your performance.
presented this 44 Joi4 of January, 2011.
Jamos E. KIPk, Mayor
baRo Gamtotea, GMG, MY GIerk
Jack DaRlel BOOR
n Appreciation for Your 5-Years of t— cirri Yor� and Dedication
wits the City o f 06echobee
December 9, 2005 tkroue� December Q, 2010
Service is the ifeb ood of any organization. C—verytking flows f room it anJ is nourished Ly it.
Tke City and Your �ellow Citizens have -Benef fitted Great y by Your Performance.
Presented this 4tk day of January, 2011.
Jamos E. I4irk, Mayor
bane Gamlotea, GMG, Gity GIerk
-INDEPENDENT
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 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, than )the attached copy of
advertisement being a_ ___ __ /'
in the matter off
in the 19th Ju cial District of the Circuit Court ` f
Okeechobee County, Florida, was published in said ho
newspaper in the issues of _ _-_-- ro
it ..��- ) T./ 4ff.i `•�
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 theyurpose of securing this
advertisement for iuk�W.ation in the said newspaper.
Torn Byrd
Sworn to and subscribed before me this
_ day of - AD
Notary Public, State of Florida at Large
nrorAF'Y- LBLIGSTATE OF' ,o:R1^,+:'
Angie Bridges
-, ,' Commission #DD77971F5
Expires: APR. 20, 20I2
-13ONDED THRU ALANTIC 13MING CO., INC.
kL I
L
NOTICE OF PUBLIC HEARING
TO ADOPT THE EVALUATION AND APPRAISAL REPORT
OF THE COMPREHENSIVE PLAN
ASE TAKE NOTICE that the City Council of the City of Okeechobee, will
d the following public hearing on Tuesday, January 4, 2011 at 6:00 p.m.,
as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL
adopt the Evaluation and Appraisal Report (EAR) of the City's Compre-
nterested parties are encouraged to appear and be heard
uation and Appraisal Report of the Comprehensive Plan. I
may submit written or oral comments before or at the publ
A copy of the proposed Evaluation and Appraisal Report will be available for
public inspection at the City Clerk's Office during regular business hours,
Mon -Fri, Sam-4:30pm, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any person decides to ap-
peal a decision made in any matter considered at this meeting/hearing,
such person may need to ensure that a verbatim record of the proceeding is
made, to include the testimony and evidence upon which any such appeal is
to be based. City Clerk media are used for the sole purpose of back-up for
the department
accordance with the Americans with Disabilities Act (ADA) of 1990
is needing special accommodations to participate in this prom
)uld contact the Administration Office at 863-763-3372 for assistance.
Lane Gamiotea, CMC, City Clerk
373896 ON 12/22/2010
:! ► Planning
Management Services, Inc.
i
t
Memorandum
To: Mayor and City Council
City of Okeechobee
From: Bill Brisson
Date: November 18, 2010
Subject: Explanatory memo re: Changes to EAR for adoption hearing on January 4, 2011
Since our meeting this past September to discuss the EAR as recommended by the Planning
Board/LPA, the Department of Community Affairs (DCA) has reviewed the document and
identified a couple areas where required information was missing. We have modified the
document to address the DCA's comments. The needed changes were relatively minor and do
not involve any of the City's major issues or other items of substance. No other changes have
been made to the EAR document since you last reviewed it.
To facilitate your review, we have attached the pages of the EAR that contain the changes
addressing the DCA's comments.
Page I-15a & b:
This is an entirely new page and includes an assessment of changes that may be necessary
to coordinate transportation concurrency methodologies between the City and Okeechobee
County.
Page A-29:
The highlighted text on this is page has been added to indicate that the City has already
adopted a proportionate share ordinance.
Pages A-38a — 38d:
These pages were initially omitted and are entirely new. These responses show how
changes to Chapter 163, F.S. enacted in 2009 and 2010 are applicable to the City and how
they are being, or will be, addressed by the City.
In the meantime, should you have any questions before the meeting, please contact us.
Providing Planning and Management Solutions for Local Governments Since 1988
117� .Dickson Street. Suite 2OO FoiI Myers. FL 33901 239-334-3 366 info, larueplannim-,.com
Traffic Circulation Element
Assessment of changes that may be necessary
to facilitate a common methodology for
impacts on transportation facilities.
The only jurisdiction adjacent to the City of Okee-
chobee is the unincorporated area of Okeechobee
County. The following matrix of the methodologies
employed by Okeechobee County and the City of
Community-wilde Assessment
Okeechobee indicates that the City and County, in
large part, use similar transportation concurrency
methodologies. However, the City will review the
County's vehicular traffic impact analysis (VTIA) in
developing its own traffic impact assessment
methodology to facilitate greater coordination of
measurement of impacts upon SR 70 and U.S. 441,
the only two major roadways within the City of
Okeechobee.
Transportation Concurrency Matrix
City of Okeechobee
Okeechobee County
Criteria for
A Traffic Impact Study is required for a
The planning and development director or designee shall be responsible for
Conducting
rezoning or in some cases for a site plan
compiling the level of service determinations from the evaluating departments
Transportation
review.
and agencies into a concurrency determination report for each concurrency
Concurrency
application. The report shall determine whether public facilities and services
Analysis
are or will be available within the adopted level of service standard at the time
the impacts of the development occur. The report shall state whether the con -
currency application shall be approved, approved with conditions, or denied.
Concurrency determination reports shall be issued within 30 working days of
receiving the evaluating department or agency level of service determinations
to complete the report. Approved concurrency applications shall be issued a
certificate of concurrency. Each concurrency report shall be based on findings
of fact and shall document the conditions related to the development, the pub-
lic facility availability, and the public facility capacity upon which the evalua-
tions were based.
Upon receiving notification that concurrency is not met, the applicant may
submit a revised concurrency application within 60 calendar days.
Trip
An applicant for site plan or development
A Transportation Impact Analysis (TIA) for a proposed development shall in -
Generation
approval shall submit a public facility
clude, at a minimum, the following information:
impact analysis calculating demand on
A vehicular traffic impact analysis (VTIA) as described in section 5.05.01.
facilities generated by the proposed de-
velopment at project build -out, based
upon adopted LOS standards. The anal-
ysis shall contain the following informa-
tion:
Traffic generated, using ITE Trip Gener-
ation Rate Manual; with principal arterials
LOS - C; and all other roads LOS - D.
1-15a
Community -wide Assessment
Background
Traffic
Determination as to whether background
traffic has been properly assessed on the
traffic impact study will be made by the
reviewer of the rezoning application.
The planning and development director or designee shall determine whether
background traffic has been properly assessed.
Analysis
Attach a Traffic Impact Study by a pro-
The transportation concurrency review will be made by the county on the basis
Methods
fessional transportation planner or trans-
of the VTIA submitted by an applicant as a part of the transportation concur-
portation engineer, if the rezoning or
rency application. The VTIA for a proposed development shall be certified
proposed use will generate 100 or more
(signed and sealed) by a Florida registered professional engineer or certified
peak hour vehicle trip ends using the trip
professional transportation planner. Adjustments or modifications to the infor-
generation factors for the most similar
mation and analysis presented in the VTIA may be requested by the applicant.
use as contained in the Institute of
The VTIA requirements may be modified or adjusted on a development -by -
Transportation Engineers most recent
development basis by the county. All deviations from the above -mentioned
edition of Trip Generation.
VTIA methodology must be made in consultation with and receive approval
from the county. A pre -application conference may be requested by the appli-
cant with the county to determine the assumptions of the VTIA.
The VTIA is required to include the following minimum analysis, as well as any
additional analysis identified by the county at the pre -application conference.
Adopted LOS
LOS C for Principal Arterials
Limited Access Facilities "C"
LOS D for Minor Arterials
Principal Arterials, Florida Interstate Highway System "C"
LOS D for all other Roadways
Principal Arterials, Other, except as noted below "C"
Minor Arterials, except as noted below "D"
Collectors "D"
Local Roads "D"
Backlogged Facilities "Maintain and Improve"
1-15b
Appendices
Addressed
Changes to Chapter 163, F.S. 1986-2010 Chapter 163, F.S. Citations N/A* (where/how) By Element
required that a local government and school board
base their plans on consistent population
projection and share information regarding
planned public school facilities, development and
redevelopment and infrastructure needs of public
school facilities. However, see (13) (g)6.a. for
similar requirement.
(13)(g)6.a.: [Formerly (13)(g)7.a.] Local
Capital Improvements
governments must establish a uniform procedure
Element and Public
for determining if development applications are in
School Facilities
compliance with school concurrency
Element
(13)(g)7. [Formerly (13)(g)8.1 Deleted language that
Procedural
allowed local government to terminate or suspend
an interlocal agreement with the school board.
(13)(h): (New 2005 provision) The fact that school
Procedural
concurrency has not yet been implemented by a
local government should not be the basis for either
an approval or denial of a development permit
(15): Prior to adopting Multimodal Transportation
Procedural
Districts, FDOT must be consulted to assess the
impact on level of service standards. If impacts are
found, the local government and the FDOT must
work together to mitigate those impacts.
Multimodal districts established prior to July 1,
2005 must meet this requirement by July 1, 2006
or at the time of the EAR -base amendment,
whichever occurs last.
(16): (New 2005 section) Required local
A proportionate fair
governments to adopt by December 1, 2006 a
share ordinance has
method for assessing proportionate fair -share
been adopted.
mitigation options. FDOT will develop a model
ordinance by December 1, 2005.
150
(17): (New 2005 section) If local government has
163.3184 [New]
Procedural
adopted a community vision and urban service
boundary, state and regional agency review is
A-29
Appendices
Changes to Chapter 163, F.S. 1986-2010 Chapter 163, F.S. Citations N/A* Addressed Amendment Needed
By Element
(where/how)
2009 [Chapters 2009-85 and 2009-96, Laws of Florida]
191
Changes "Existing Urban service area" to "Urban
Procedural
service area" and revises the definition of such an
163.3164(29)
area. Section 2, Chapter 2009-96, LOF.
192
As a result of recent
However, consideration will
Adds definition of "Dense urban land area."
163.3164(34)
court decisions no
be given to adopting a TCEA
Section 2, Chapter 2009-96, LOF.
action is required at
during the EAR -based
this time.
amendment process.
193
Postpones from December 1, 2008 to December 1,
No action
2011, the need for the annual update to the capital
163.3177(3)(b)1.
needed.
improvements element to be financially feasible.
Section 3, Chapter 2009-96, LOF.
194
Requires the future land use element to include by
The City has
June 30, 2012, criteria that will be used to achieve
no airport.
compatibility of lands near public use airports. For
163.3177(6)(a)
military installations, the date is changed from June
30, 2006, to June 30, 2012. Section 3, Chapter
2009-85, LOF.
195
Requires the intergovernmental coordination
The City has
element to recognize airport master plans. Section
163.3177(6)(h)1.b.
no airport.
3, Chapter 2009-85, LOF.
196
Requires the intergovernmental coordination
Intergovernmental
The Comprehensive Plan will
element to include a mandatory (rather than
Coordination Element
be amended to include a
voluntary) dispute resolution process and requires
163.3177(6)(h)1.c.
mandatory dispute resolution
use of the process prescribed in section 186.509,
process.
F.S., for this purpose. Section 3, Chapter 2009-96,
LOF.
197
Requires the intergovernmental coordination
The City has
element to provide for interlocal agreements
no airport.
pursuant to s.333.03(1)(b), F.S., between adjacent
163.3177(6)(h)1.d.
local governments regarding airport zoning
regulations. Section 3, Chapter 2009-85, LOF.
A-38a
Appendices
Changes to Chapter 163, F.S. 1986-2010
Chapter 163, F.S. Citations
N/A-
Addressed
Amendment Needed
198
Defines "rural agricultural industrial center" and
(where/how)
Procedural
By Element
provides for their expansion though the plan
163.3177(15)(a) [New]
amendment process. Section 1, Chapter 2009-154,
LOF
199
Allows a municipality that is not a dense urban land
N/A
area to amend its comprehensive plan to designate
163.3180(5)(b)2.
certain areas as transportation concurrency
exception areas. Section 4, Chapter 2009-96, LOF.
200
Allows a county that is not a dense urban land area
N/A
to amend its comprehensive plan to designate
163.3180(5)(b)3.
certain areas as transportation concurrency
exception areas. Section 4, Chapter 2009-96, LOF.
201
Requires local governments with state identified
N/A
transportation concurrency exception areas to
adopt land use and transportation strategies to
163.3180(5)(b)4.
support and fund mobility within such areas.
Section 4, Chapter 2009-96, LOF.
202
Except in transportation concurrency exception
Transportation
The Comprehensive Plan will
areas, local governments must adopt the level -of-
Element
be amended to include LOS
service established by the Department of
163.3180(10)
established by FDOT, as
Transportation for roadway facilities on the
necessary
Strategic Intermodal System. Section 4, Chapter
2009-96, LOF.
203
Defines a backlogged transportation facility to be
Procedural
one on which the adopted level -of -service is
exceeded by existing trips, plus additional
163.3180(12)(b) & (16)(i)
projected background trips. Section 5, Chapter
2009-85, LOF.
2010 [Chapters 2010-5, 2010-33, 2010-70, 2010-102, 2010-182, 2010-205, and 2010-209, Laws of Florida]
204
Deletes section 163.31771(6), F.S. (obsolete
language that addressed an accessory dwelling unit
repot); no sustentative comprehensive planning
Procedural
requirement impact. Section 16, Chapter 2010-5,
LOF.
Appendices
Changes to Chapter 163, F.S. ,,
Chapter 163, F.S. Citations
N/A*
Addressed
Amendment Needed
205
Chapter 2010-102, Laws of Florida, makes several
(where/how)
By Element
minor changes which do not effect sustentative
comprehensive planning requirements:
1. Section 163.2526, F.S.: repealed
2. Section 163.3167(2), F.S.: obsolete
language deleted
3. Section 163.3177(6)(h), F.S.: minor
wording changes
4. Section 163.3177(10)(k), F.S.: minor
Procedural
wording changes
5. Section 163.3178(6), F.S.: obsolete
language deleted
6. Section 163.2511(1), F.S.: minor wording
changes
7. Section 163.2514, F.S.: minor wording
changes
8. Section 163.3202, F.S.: minor wording
changes
206
Chapter 2010-205, Laws of Florida, makes several
minor wording changes Chapter 163, Part II, F.S.,
which do not affect sustentative comprehensive
planning requirements:
Procedural
1. Section 163.3167(13), F.S.
2. Section 163.3177(4)(a), F.S.
3. Section 1633177(6)(c), (d) and (h), F.S.
4. Section 163.3191(2)(1), F.S.
207
Chapter 2010-209, Laws of Florida, make a minor
wording change in Section 163.2523, F.S., which
Procedural
does not affect sustentative comprehensive
planning requirements.
208
Deleted the phrase "SMART Schools
163.31777(1)(a) and (3)(a)
Procedural
Clearinghouse". Section 11, Chapter 2010-70, LOF.
A-38c
Appendices
to Chapter 163, F.S. 1986-2010
Chapter 163, F.S. Citations
N/A*
AddressedChanges
...
209
Revises section 163.3175, F.S., to list the 14
(where/how)
By Element
military installations and 43 local governments
No Military
affected by special coordination and
163.3175(2)
Installations
communication requirements. Section 1, Chapter
2010-182, LOF.
210
Revises section 163.3'77(6)(a), F.S., to specify that
the 43 local governments listed in section
163.3175(2), F.S., must consider the factors listed
163.3177(6)(a)
No Military
in section 163.3175(5), F.S., when considering the
Installations
compatibility of land uses proximate to military
installations. Section 2, Chapter 2010-182, LOF.
211
Revised section 163.3180(4)(b), F.S., to define
This definition will be
hangars for the assembly, manufacture,
163.3180(4)(b)
The City has
considered in the preparation
maintenance or storage of aircraft as public transit
no airport.
of the EAR.
facilities. Section 1, Chapter 2010-33, LOF.
A-38d
-INDEPENDENT
� xeaysPAPEM
0KEF.CH06Fr. NEWS 107S W. 17th tin It. Suit U, 0>... hohm, FL 3 )74 (863)76331M
J
STATE, OF FLORIDA
COUNTY OF OKEECtiOHEE
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, Florid, that the attached copy of
advertisement being a
in the matter of LC'Jr L, 14 L. ��[i 6�..d- -
in the 19th Judicial District of the Circuit Court of
Okeechobee Count}, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Judy Kaste
Sworn to and subscribed before me this
tv �,
S day of, TI (4 <Jl lrG 1 AD, 1Z iZ
Notary public, State of Florida at Large
t;
N07 ARY PUALICS'1'A-I'E ^P FLokLu F-
Angic Blidi3Os
nmmission N 17D779I1H
-` Expires: APl?. 20, 2012
a0N.1uITuA ATLANIII'.VIIIN1 ';(.I1, iN(
NOTICE OF AMENDED LAND DEVELOPMENT
REGULATION USE TO INCLUDE
STOREFRONT CHURCH AS A PERMITTED
USE IN THE CPO, CLT, CHV,, CBD, AND IND
ZONING DISTRICTS.
The City of Okeechobee proposes to adopt the following ORDINANCE NO. 1070: AN ORDI-
NANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS, INCLUDING SECTION 66-1 DEFINITIONS BY
ADDING A DEFINITION FOR STOREFRONT CHURCH; SECTIONS 90-222, 90-252, 90-282,
90-312, AND 90-342 ADDING STOREFRONT CHURCH AS A PERMITTED USE IN THE CPO,
CLT, CHV, CBD, AND IND ZONING DISTRICTS; DIVISION 9 PERTAINING TO SPECIAL
EXCEPTION USE AND SUPPLEMENTARY USE REGULATIONS; SECTION 90-512 BY
ADDING PARKING REGULATIONS FOR STOREFRONT CHURCHES WITH AND WITHOUT
FIXED SEATING; AND ADDING ANEW SECTION 90-702 SETTING FORTH REQUIREMENTS
FOR STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PRO-
VIDING FOR AN EFFECTIVE DATE.
The First Public Hearing on the proposed ordinance will be held on Tuesday, January 4,
2011 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL.
All members of the public are encouraged to attend and participate in said hearing. The pro-
posed ordinance may be inspected in its entirety by members of the public in the Office of the
City Clerk during regular business hours, Mon -Fri, 8am-4:30pm, except for holidays.
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 hearing, such interest-
ed person will need a record of the proceedings, and for such purpose may need to ensure a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for
official records of the Clerk.
In accordance with the Americans with Disability Act (ADA) of 1990 persons needing special
accommodation to participate in this proceeding should contact the Administration Office at
863-763-3372 for assistance.
Lane Gamiotea, CIVIC, CITY CLERK
PUBLISHED: 12/22/2010
! , Planning
Management Services, Inc.
Memorandum
To: Planning Board Members
City of Okeechobee
From: Bill Brisson
Date: November 18, 2010
Subject: "Storefront churches"
At the November 2nd City Council meeting, the Council directed that the Planning Board
consider how to provide for locating a church in a "storefront" in a commercial zoning district.
This action was the result of a local religious group wishing to locate its church in a now vacant
unit located in a shopping center. The owner of the shopping center felt that "in these hard
economic times she needed to be able to rent the office space available, and she had a few
opportunities to rent to churches."
In this regard, we offer the following comments for your consideration.
CURRENT REGULATIONS
Churches and other houses of worship are now allowed in residential districts on a site of at least
five acres. If the site is less than five acres, it is a special exception but must be on a site of at
least 40,000 square feet. In the commercial districts a house of worship is allowed as a special
exception, and the special exception requires a site of at least 40,000 square feet.
There is no provision for a church on less than 40,000 square feet in any district or location in the
City.
Providing Planning and Management Solutions for Local Governments Since 1988
1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239-334-3366 infog.larueplanning.com
GENERAL INFORMATION ON "STOREFRONT CHURCHES"
For purposes of this discussion, the term "church" is synonymous with any form of house of
worship. A "storefront church" is a church housed in a storefront building, usually in a commer-
cial area, rather than a freestanding building initially constructed as a church. If the City is to
consider allowing a "storefront church" in its commercial zoning districts, which most
jurisdictions do, parking must be considered.
Churches, as places of assembly, typically generate the need for more parking than
conventional commercial uses. However, the times of maximum use of a church do not
usually occur at the same time as those of office or retail/service uses. Sunday, as a typical
church -going day, is not usually a period of maximum retail activity.
2. The parking requirement for a church without fixed seating is one space per three seats,
implying one space for each three persons. However, under Sec. 90-482, computation of
parking spaces in places of public assembly is based on the maximum occupancy rating
given the building by the fire marshal.
3. The Fire Marshal uses the following standards for places of assembly without fixed seating,
which is the most likely scenario in a "storefront church."
a. Maximum occupancy of 50 or more persons based on 15 square feet per person (net,
excludes tables, etc.)
b. Maximum occupancy of fewer than 50 persons based on 30 square feet per person
(gross, includes all of what would normally be considered sales area).
LOCATIONAL CONSTRAINTS ON "STOREFRONT CHURCHES"
We are only considering allowing storefront churches in commercial zoning districts, either in
multi -use buildings along a commercial strip or in shopping centers, not in a single -use
freestanding building. If a church is to be located in a free-standing building, it should be
required to meet the current minimum lot requirements for churches.
W
PROPOSED REGULATIONS TO ALLOW FOR "STOREFRONT CHURCHES"
Our initial thoughts are that there should be two tiers of "storefront churches" based on the
maximum occupancy — one for storefronts with less than 1,500 square feet of gross floor area
and another for storefronts with 1,500 or more square feet. In both cases storage spaces are
excluded.
1. Storefronts with less than 1,500 square feet of gross floor area (excluding storage areas)
will be permitted outright with the following information to allow the City to determine
whether or not the existing parking inventory on the site can accommodate the parking
demand associated with the "storefront church":
a. The applicant must submit to the City a list describing all of the uses in the multi -use
building or shopping center, including:
(1) Their square footages upon which parking is calculated (excluding storage)
(2) Description of the use (e.g., retail, restaurant, professional or business office,
medical office, etc.)
(3) Hours of operation.
(4) Total parking spaces available to all uses within the multi -use building or
shopping center.
(5) Square footage of vacant spaces shall also be provided.
b. The applicant must submit documentation of the square footage of the "storefront
church" (less storage areas) and the day/hours of major use of the church with
estimates of attendance/occupancy at those times.
C. Parking demand for the "storefront church" will be based on one space for each 90
square feet of floor area excluding storage areas. This is the equivalent of one space
per each three persons at the maximum occupancy used by the Fire Marshal.
2. Storefronts with 1,500 or more square feet of gross floor area (excluding storage areas) will
be subject to the same requirements listed above but will be allowed only upon approval of
a special exception.
In addition, calculation of the required off-street parking for the "storefront church" will be
based upon one space per 45 square feet of floor area (excluding storage areas). This is the
equivalent of one space for each three people at the maximum occupancy used by the Fire
Marshal.
Another, simpler, alternative would be to allow "storefront churches" as a matter of right only
under a certain size — perhaps 2,000 square feet — with the same conditions and submission
requirements as discussed under #1, above. Parking would be required at the rate of one space
per 90 square feet. Larger storefront churches would not be allowed.
EXHIBIT 3
JAN 4, 2011
CITY OF OKEECHOBEE
(863) 763-3372
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TO:
CITY ADMINISTRATORS OFFICE
55 SE 3RD AVENUE
OKEECHOBEE, FLORIDA 34974
NAME:
ADDRESS: ---k'_ -- `
FAX (863) 763-1686
TELEPHONE: ( �Z > �= / S� FAX:
00,
MEETING: REGULAR SPECIAL ❑ WORKSHOP O DATE: ---- //L% V
PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY QOUNCIL AGENDA:
dcsc. S � ,,.`,,mot. -� c�..� � r- �I�,:;_,�:s'------ � l.•- £�v-�
PLEASE STATE WHAT DEPARTMENTS) YOU HAVE WORKED WITH:
E `= C` --- �'cc;•-- � '-►� d CAS-Ai1 !l �_ i_ 1 C <r1''�
PL�ASYTATE DESIRED ACTION BY\ THE CITY COUNCIL:
, 'U JCS • > c" r� nN <; `_ .� — -
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABLE DOCUM ENTS:
IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN M INUTES UNLESS OTHERWISE
APPROVED BY THE MAYOR.
SIGNED Bid 9 �'— �� tip - _ — __ DATE: l�
We the undersigned believe that the noise from Hammerheads
Bar and grill owner Anita NNumez is excessive between the
hours of 10 pry and 2am.
'rx-14mci t,
f '.l
MEMORANDUM
TO: Mayor and Council Members
FROM: City Clerk Gamiotea
SUBJECT: Citizen Board Appointments
DATE: December 28, 2010
• Code Enforcement Board
® We are in need of two alternate members.
® They must be City residents.
• General Employee's Pension Board of Trustees
® We are in need of one City appointed member.
® They must be City residents.
• Police Officer's Pension Board of Trustees
® We are in need of one City appointed member.
® They must be City residents.
• OUA Board of Directors
® We are in need of one City appointed member, this is the alternate position.
® They must be City residents.
• Planning Board/Board of Adjustments
® We are in need of one member.
® Both Alternate Members are interested in being moved to the regular member position
(applications attached), Mr. Baughman & Mrs. Brass.
® We have five applicants who are interested in being appointed to either position, regular or
alternate (applications attached), Mr. Gamiotea, Mr. McCreary, Mrs. Nunez, Mrs. Revels & Mr.
Ritter.
® Here is some background information you may want to consider:
aw In the past, the Council has generally moved an alternate member to regular member
status.
ew Mrs. Brass is a City resident, is employed by the County and has served on this board
since August 20, 2008. During this time period there have been 18 meetings held of which
she was absent for one, and she has served as a voting member 11 times.
uw Mr. Baughman is a County resident, owns a City business, and has just recently been
appointed, April 7, 2009. There have been 12 meetings held of which he was absent for
two, he has served as a voting member six times.
uw Council has generally used 'seniority' when choosing between the two alternate board
members. There was only one instance that they did not follow this procedure.
uw Two of the applicants, Mr. Gamiotea & Mr. Ritter are currently serving on City Citizen
Boards. Mr. Gamiotea on the Code Enforcement Board, and Mr. Ritter on the Firefighters
Pension Board of Trustees. I verified with Attorney Cook and there isn't regulations that
prohibits a citizen from being appointed to more than one citizen board. As an example,
Mr. Irby serves on two City Boards, and Mr Maxwell did as well.
uw Whichever alternate member Council chooses, the term will be from January 5, 2011
to April 30, 2011 to fill the remainder of Mr. Maxwell's term.
ew Depending on which Alternate you move, the term will either be January 5, 2011 to April
30, 2011 (if Brass is moved) or January 5, 2011 to April 30, 2012 (if Baughman is moved).
Please feel free to call me if you have any questions, you need additional information.
Thank you.
.JxiI
The Updates!p�n^��=`
from the City Administrator's Desk
SS SE 3rd Av., Okeechobee, FL 34974
`1916°° City Hall — 763-3372
City Council meeting of January 4, 2011
• Agenda Appearance - Ron Main, 101 NE 8th Av (River Run Park) is on the
Agenda (see Exhibit #3) to discuss excessively loud music at
Hammerheads. He provided a petition signed by neighbors, which is
attached to the exhibit. I've spoken to Tom Murphy, representing
Hammerheads, and advised him of the appearance. He indicated that
they have taken some action to rectify the situation and will probably be at
the meeting.
• Evaluation and Appraisal Report (EAR) — Resolution 11 01 — The last
updates were distributed to the Council last month and a copy of Bill
Brisson's memo is included as part of Exhibit #1 to this Agenda.
• Blvd Median Curbing — As you know at the last Council meeting, the City
awarded a median curb project to Vest Construction. The project has
been prolgressing but unfortunately, the contractor was unable to complete
the SW 6 t' St area on the north side of Central Elementary during
Christmas break.
• Store front church provisions — Ord #1070 — Exhibit #2 on the Agenda,
describes the methodology to allow for a 'storefront' church. You may
recall that this was initiated by the owner of the N Shore Plaza. As a
review, the existing Code provides for a Sp Exc in Commercially zoned
area for churches but the N Shore Plaza scenario doesn't meet the Sp
Exc regulations.
A note on Churches 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.
Carter Pritchett Advertising v City billboard issue — Rec'd a letter dated
12/27/10 from Atty Bob Shearman, representing the City, that Atty Steve
Ramunni essentially said they can't move the proposed location easterly
and proposed the City accept a 20 year (vs 10 year) period before non-
conformance is initiated. As soon as we converse w/ the Attorneys, we will
set up a meeting w/ the City Council.
Chamber — As an update/summary, after the Council action to terminate
the lease, Atty. Cook and I sent vacate Consent forms to Chamber Board
members but that effort was unsuccessful. On Dec 22"d, the City sent a
required 15-day notice that eviction was the City's next recourse. No City
Council action is required at this time.
Page 1
1/4/11 Activity Rpt Cont'd
Legislative delegation is Jan 18th at 1 pm in the County Commissioner's
boardroom. As you are aware, the Economic Council has coordinated the
legislative presentation as far as the County, City and OUA is concerned.
Last year I prepared a 4-page list of infrastructure projects that the City
was considering. The presentation had a cpl of general storm sewer
projects and the 70 & 441 intersections improvement as well as opposition
to term limits. We added some concerns from the Police chief on trust
fund management, driving while texting, prohibition of bulletproof vest
purchases by felons and training cost reimbursements.
Some of the issues this year might include:
*Support changes to the Consultant's Competitive Negotiation Act to allow
local gov't to procure professional services on a 'best value basis'
*Continue to support the 441/70 project as a high priority construct project
along with the appropriate funding.
*Support funding for continuing storm sewer projects, such as, potentially,
the Commerce Park or in town with swale and inlet improvements
*As urged by the Florida Heartland Regional Economic Development
Initiative (FHREDI), continued designation of the Rural Area of
Critical Economic Concern (RACEC).
*Advocate voting centers proposed by the Supervisor of Elections where
voters may vote at any center rather than his/her assigned precinct
location on election day.
*Advocate funding support for the Okeechobee Battlefield Historic State
Park.
• Asphalt program 2010 — The project is completed w/ minimal overage of
$4205 in extra tonnage as leveling. On a $306,500 project that's pretty
close. A simple summary of capital expenses in the Public Facilities (Gas
tax) Fund is as follows:
2010-2011 budget $389,000
Asphalt project (orig) $306,500
Asphalt overage $ 4,205
Curbing proj (underlying) $ 21,175
Curbing Chg ord$1 17,006
Budget left for striping etc 40,114
• Street striping — The City will open bids for a striping program on Jan 5th at
1:OOpm. Essentially we have approx 45,000 linear ft associated w/ the
new asphalt program and assuming we receive a favorable bid (last bid
was 50¢/ft) we will add considerable length to apply this much -more -
durable thermoplastic application.
• 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.
Page 2
114111 Activity Rpt Cont'd
• City Hall remodel cont'd -
The lowest and accepted quotes are as follows:
Jeanette's_ Interiors — removing existing carpet, scrape and skim
coat, install 26oz carpet and all thresholds throughout lobby incl stairs and
2"d floor: $2265.
Mark Brandel.— remove useless wall boards, remove existing lights
and conduit and install new fan/light, reinstall one fluorescent light,
scrape, patch, prime, and paint all surfaces incl stairs: $4305.
• On -street parking reauest — have heard nothing from Ronnie Lawrence, White
House Plaza, about adding parking spaces on the west side of the facility.
• 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.
• 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 4th St, SW e 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.
• Tema use and Tema 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.
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.
Web site, Mavor's `welcome' letter — is attached and on the front page of
our web site.
Dates to remember:
*Jan 18t — Legislative Delegation 1 pm, 11:30 lunch at IRSC, RSVP by
1/12/11
*Jan 29tn — 4tn Annual Health & Safety expo at the Agri -Center
City Clerk:
• Appointments — After all the newly elected officials get sweared at, there
will be the election of the Mayor and, later on the Agenda, you'll see a list
of appointments.
Page 3
114111 Activity Rpt Cont d
Finance:
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:
• Center State Bank - Bill Brisson and I will be meeting w/ bank reps on
Tuesday to discuss their plans for the 'Goodbread' site (2100 S Parrott)
• Water Supply 10-yr Plan Ord — The city had a first rdg on the ord and sent it to
DCA for review. SFWMD has made an issue of OUA's Consumptive Use
Permitting as it is incorporated in our Plan. A gridlock, of sorts has developed
between OUA and SFWMD as it relates to max daily allowances (SFWMD wants
more restrictive measures). In November, I noticed that the Okeechobee 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 Nov:
Calls-552, Traffic warnings-57, Traffic citations-192, Arrests-43,
Traffic accidents-29
Attached find copies of reports from Police Detectives for Nov.
• SLERS radio system - nothing new to report on this matter.
Public Works/Engineering:
• Eng Bermudez has been having some health issues to deal with. On Dec
131he had appendix surgery and has had some issues recuperating from
that procedure.
• Pub Wks employee Floyd Self - retires Dec 31 st after 93 years with the
City (actually, according to the records, it was 34 years)
• Christmas lighting has consumed much of the Dept's time, but again this
year they did a great job.
• Commerce park lakes and wetland - Had a meeting set up for 12/15th but
was cancelled. I'm still amazed that at this late date SFWMD would raise
questions about the construction. As indicated, I hope it's a matter of
providing 'as-builts' and some clarification on future infrastructure relating
to private property development. Rescheduled a meeting for first part of
Jan w/ SFWMD reps, CAS and Dale Milita along with City reps.
• 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 -garage facilities — Continued wkg on, incl City workers
participation in the construction, for example, site prep and concrete work.
Page 4
Detective Ze' ler's Monthly Activity Report
M th of November 2010
[Report Due Date 12-1-101
Report Date: 11-24-10
The following are highlights of my activities during the period noted above.
OPD Case # 100217007-Investigation continues into Corona Jewelry Store
Robbery, followed up on some leads. Still working the case.
OPD Case # 100902004-Nunez Grand Theft case. There have been no new
leads. Case is cleared without arrest until more information becomes
available.
OPD Case it 101022021 Worthless Check- Okeechobee Tax Collector's
Office- Suspect: Case cleared without arrest. Victim
received full restitution and signed a discontinuation of charges form.
OPD Case # 101104003 Prescription Theft at Walmart. Victim:
Case cleared without arrest. Victim declined prosecution and
signed a discontinuation of charges form.
OPD Case # 101106003 Robbery/theft. Victim: was able to
recover the stolen necklace and pendant (together valued at approximately
$1,450.00) and return them to the owner. Owner did not wish to prosecute
and signed a discontinuation of charges form. Case cleared without arrest.
OPD Case # 101118008 Identity Theft. Victim: of
Oklahoma City, Oklahoma. Case involves someone using duplicate credit
card information of victim at the Okeechobee Walmart. Investigation
continues.
OTHER ACTIVITIES:
- Prepared(ing) materials for use during in-house (raining (Firearms, Elderly
Abuse, etc) including a power point presentation I prepared for use with the
Elderly Abuse training.
- Grant work. On 11-17-10 I completed the on-line application submission of
grant application in SIMON regarding the $3,815.00 JAGD grant funds
available. Prepared hard copy application package for submission to FDLE.
Chief Davis approved and signed grant application/package. Hard copy
applications were then turned over to India Riedel at City hall who will have
the Mayor sign them and she will then forward the two original applications
to FDLE Grants.
- Attended Thanksgiving Luncheon on 11-18-10 at the ARC of Okeechobee.
- Firearms. Currently obtaining price quotes from vendors regarding firearms
purchase using anticipated grant funds.
- Firearms. Took Ofc. Eddings to the IRSC Firing Range on 11-19-10 where he
qualified with a personally owned firearm.
- Firearms. On 11-19-10 I met with OCSO Sergeant Clif Gill who provided use
of his Glock Model 22, 23, and 27 (.40 caliber) pistols for test firing and
testing evaluation purposes at the gun range on this date.
HOLIDAYS:
-Thanksgiving--Thursday and Friday, November 25 and 26
VACATION:
-is scheduled for November 291h through December 5.
Detective John Zeigl , 410
Date
From: BETTYE TAYLOR To: BETTYE TAYLOR; DENNY DAVIS
Subject: Activity Report
For the month of November 2010
1.) 5 car burglaries in the 1300 block of SW 10th Ave. area. Guns, purses IPODs
2.) Home burglary in progress did arrest on suspect recovered approximately 10,000.00
worth of jewelry. Detective Bill Saum was part of this case
3.) Worked on background items getting ready to get the RLEX system implemented in
near future which is a data sharing network for all Police Agencies in the State of Florida
funded by a Home Land Security Grant.
4.) Arrested Juvenile on 3 home burglaries in NE section in which guns TV's and other
items were taking.
5.) Worked on Stalking case with Lomax. Case is not resolved at this time.
6.) Child custody case involving multiple jurisdictional issues and child abuse allegations.
7.) Installed Software into Jeannas new computer to get her up and running
8.) Worked on Bill's computer deleting viruses
9.) Did patches and uploads of new items into Spillman system
10.) Worked in evidence Room working on old property and gun disposal orders.
11.) Worked 3 bad check cases that ended up turning civil cases as no Probable Cause for
Arrest against suspect.
12.) On vacation for a week.
Detective Bettye Taylor
12/10/2010 Page 1 of 1
114�'V 1 Vl 1
Denny Davis
From: "Bill Saum" <opdbillsaum@hotmail.com>
Date: Wednesday, December 08, 2010 9:56 PM
To: "Denny Davis" <opddennydavis@hotmail.com>; "Bill Saum" <opdbillsaum@hotmail.com>
Subject: Monthly Report
Chief
Bill Saum -November 2010
1. Worked on Percy case with Elderly exploitation. Handiman trespasseed from property.
2. Worthless check packages-2.
3. Burglary onowesidence, Bettye and I both worked on this for 3 days - Bettye made
an arrest.
4. 2- Child abuse —unfounded.
5. Fraud — Scam from United Kingdom.
6. Helped Bettye with Interviews of burglary suspect at jail.
7. Strong arm robbery in Blue heron did follow-up investigation with Bettye assisting - SA
says this will end up an aggravated battery.
8. Adult elderly abuse case — closed as unfounded.
9. 5 cases from Rent Center reference failure to return property.
10. Processing of evidence for department.
11. Downloading jail recordings and listening to many inmates reference active cases.
12. Closed out several old cases that had no further leads or suspects.
13. Getting bids on windows so we will know cost.
14. Helped JP with several interviews and evidence.
12/10/2010
OKEECHOBEE POLICE DEPARTMENT
ROAD PATROL
MONTHLY REPORT
NOVEMBER 2010
Frequent burglaries have been reported in the SW section this month.
Close patrols have been assigned in the area.
Walmart had 9 off duty officers work security on the black Friday sale.
Anita Nunez hired 2 officers for security at her daughter's sweet six-
teen birthday party at Hammerheads.
Officers participated in the November Click It or Ticket campaign.
The Sheehan Pipeline detail on NW 9th St. continues while Sheehan
employees are laying pipe in Okeechobee County.
Aux. Officer's worked security at a fund raising dance for teens
sponsored by Terisa Chandler at the Freshman Campus auditorium.
The bidding process for 2011 units and their equipment has started.
Evening shift officer covered the following shifts for officers on vacation
this month:
November
loth & llth Sgt. Tarner
12th & 131h Sgt. Wendt
15th & 161h Sgt. Tarner
17th & 181h Ofc. Morgan
19th 2oth & 21St Sgt. Tarner
Part -Time Officer covered the following shifts this month:
November
171h & 18th Ofc. Troutman
23d Ofc. Margerum
City of Okeechobee
Page 1 of 1
Welcome to Okeechobee!
If you are looking for a rural but progressive community within a small town atmosphere, then
you'll feel right at home here in Okeechobee.
While we have a number of exciting business and industrial success stories, I still think it's hard
to beat early morning fishing on Lake Okeechobee. Whether it's landing a trophy fish or just the
relaxing view of a variety of Florida's wildlife in their natural habitat waking up to a cool sunrise
breeze, you'll fall in love with Okeechobee. In contrast, there's the excitement of a number of
nationally sanctioned professional bass fishing tournaments.
Okeechobee is known as the "Speckled Perch Capital of the World" so it is only fitting that we
hold an annual event in honor of this title. The Chamber of Commerce -sponsored Speckled Perch
Festival is our largest festival of the year and is held in February. Each year this downtown event
attracts thousands of out of town visitors and locals alike. It's kicked off by a parade that wraps
around Flagler Park where hundreds of crafts and food vendors are scattered about, the most
popular being the Seminole booths with their colorful jackets and crafts for sale as well as their
delicious pumpkin bread. There's the American Legion fair going on and in conjunction with the
festivities the Okeechobee Cattlemen's Rodeo is at the Agri -Center.
We have a vibrant business district, but as our Main Street logo states, we have 'old values and
new visions: On the 4th Saturday in July we have the Day of the Cowboy event, which includes a
News You Need to Know: cattle drive through our town. Yes, we do things like that in Okeechobee!
A Satnp/ing of the 2010 Our location makes Okeechobee the Gateway to South Florida with convenient access to both
Hoiidayactivitiesin coasts and all of Central Florida. (Locate Okeechobee) Commercial and industrial concerns have
Okeechobee found that Okeechobee is the place you want to be and we've taken an aggressive attitude toward
seeking new businesses in our two local Industrial Parks.
E-Mail
I could go on about all the amenities we have to offer, but I want to invite you to visit our town
and discover it for yourself. I think you'll find that our community prides itself most on the
"Under Florida law, e-mail hospitality of its residents.
addresses are public records.
If you do not want your a -moil
address released in response to a James E. Kirk, Mayor
public -records request, do not
send electronic mail to this entity.
Instead, contact this office by
phone or in writing." City Hall, 55 SE 3rd Avenue, Okeechobee, FL 34974
Phone:863-763-3372 Fax: 863-763-1686
http://cityofokeechobee.com/
12/13/2010
November 2010
Okeechobee County
211 Palm Beach/Treasure Coast
Service Snapshot
awn.
Call Volume per Month
J 150 ti
^pvi ry oo ^�
V 1 00 .� `aR' �o {big ^Q � °jh o'er ,`h �� �� q' ^ —
c ■ 2009
50 ®2010
E
Z O
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
gamin
Assessment & Referral
58%
Midnight - 8 AM
7%
Counseling
13%
Information and Referrals
8 AM - Noon '
40%d
Counseling, Assess &Ref
n°ro
Noon - 4 PM
32%
Information Only
15%
91 - Calls
4 PM - Midnight
22%
Advocacy/Linkage
2%
98 referrals made to 48 programs
Busiest Hour: I 1-Noon
Top 25 Agencies Receiving Referrals
Abuse/Neglect/Crime
3 — 2%
Represents 83% of all referrals made
Basic Needs `
19 = 1$"/°
Economic Opportunities Council of Indian River County
'
Clothing
3
Big Lake Missions Outreach
Self
78%
Lamb of God Ministries, Inc.
Friend/Relative
19%
Food
14
Coalition for Independent Living Options, Inc.
Organization
3%
Housing
1
Okeechobee Senior Services
Shelter
1
Okeechobee County
Disabilities
3 = 2%
Comprehensive Alcoholism Rehabilitation Programs, Inc.
Employment
I = 1°lo
Florida Community Health Centers, Inc.
Financial Assistance
39 = 31 %
Advocacy Center for Persons with Disabilities, Inc.
Female'
" 77%
HealthlMedical
10 = 8%
Crisis Lines/I&R Services in other cities
Male
23%
Health/Medical
10
Florida Department of Children & Families
Information' Only
2 = 2%
Link -Up Florida and Lifeline Assistance Program
Menial "Health/Personal
27 = 22%
New Horizons of the Treasure Coast, Inc.
Active Callers
4
Okeechobee County Health Department
Mental Health
4
Al -Anon Family Group Headquarters, Inc
Personal/Interpersonal
15
Alcoholics Anonymous - Intergroup of Martin County
Substance Abuse
2
Angel Food Ministries
0-17
°
4/0
Suicide
2
Assurance Wireless
18-21
2%
Children's Home Society of Florida (Treasure Coast)
22-34
22%
Transportation
—
1 1%
City of Okeechobee
35-54
44%
Other
19 = 15%
Community Action Program of Palm Beach County
55-59
3%
Total'
124 = 100%
Faith Farm Ministries of Okeechobee
60-64
8%
Florida Department of Children & Families (Circuit 19)
65-74
5%
Florida Legal Services, Inc.
75-79
3%
Florida Poison Information Center
80 & Older
1%
Unknown
7%
For additional information contact Diane M. Huff, Director of Community Services at (561) 533-1061 or diane.huff cr 211 pbtc.org
www.211treasurecoast.org