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2011-01-18CITY OF OKEECHOBEE JANUARY 18, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION 532 PAGE 1 OF 5 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE _ II I. CALL TO ORDER - Mayor: January 18, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Gwen Livatt, St. Stephens, African Methodist Episcopal; Pledge of Allegiance led by Mayor. II. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member 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. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Certificate of Commendation to Paul Bramlett. Mayor Kirk called the January 18, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Pastor Gwen Livatt, St. Stephens, African Methodist Episcopal; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mayor Kirk presented a framed certificate to Mr. Bramlett, which read: "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Paul Bramlet4 in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." 1 633 JANUARY 18, 2011- REGULAR MEETING - PAGE 2 OF 5 1 AGENDA IV. PRESENTATIONS AND PROCLAMATIONS CONTINUED. COUNCIL ACTION - DISCUSSION - VOTE B. Present a Certificate of Commendation to Jim Byrd. III Mr. Byrd was unable to attend the meeting, Mayor Kirk presented the commendation to Mr. Bramlett. C. Present a Certificate of Commendation to Dan Hunt. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 4, 2011 Regular Meeting. VI. WARRANT REGISTER - City Administrator. A.' Motion to approve the December 2010 Warrant Register: General Fund ................................ $539,393.73 Public Facilities Improvement Fund ................ $12,025.68 Capital Improvement Projects Fund ...... I .......... $7,107.95 VII. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Kirk presented a framed certificate to Mr. Hunt, which read: "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Dan Hunt in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the January 4, 2011 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 December 2010 Warrant Register in the amounts: General Fund, five hundred thirty-nine thousand, three hundred ninety-three dollars and seventy-three cents ($539,393.73); Public Facilities Improvement Fund, twelve thousand, twenty-five dollars and sixty-eight cents ($12,025.68); Capital Improvement Projects Fund, seven thousand, one hundred seven dollars and ninety-five cents ($7,107.95) ; 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. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda? New Business item C, Exhibit 4 was added. 53 LI JANUARY 18, 2011 - REGULAR MEETING - PAGE 3 OF 5 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE VIII. OPEN THE PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. 111 MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:09 P.M. A.1. a) Motion to read by title only, proposed Ordinance No. 1070 Council Member Watford moved to read by title only, proposed Ordinance No. 1070 pertaining to storefront church pertaining to storefront church property - City Planning Consultant property; seconded by Council Member Williams. (Exhibit 1). 11 b) Vote on motion to read by title only. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1070 by title only. Mayor Kirk 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 90-222, 90-252, 90-28Z 90-31Z, 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 A NEW SECTION 90-702 SETTING FORTH REQUIREMENTS FOR STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt proposed Ordinance No. 1070. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1070; seconded by Council Member Williams. b) Public discussion and comments. 111 Mayor Kirk asked whether there were any questions or comments from the public? There were none. c) Vote on motion. CLOSE PUBLIC HEARING - Mayor. This proposed amendment to the permitted uses within Commercial and Industrial zoning districts to allow for store- front churches has been discussed during the last few meetings. This is the second required public hearing on the matter. Council Member Watford asked for clarification, that churches who want to operate from store -front areas will be required to obtain a Business Tax Receipt and pay the $75.00 fee? Administrator Whitehall responded yes. He also asked whether this will solve the problems at North Shore Plaza and allow them to rent to a church? Again Mr. Whitehall responded yes. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:13 P.M. JANUARY 18, 2011 -REGULAR MEETING - PAGE 4 OF 5 1 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS. A. Motion to ratify the Edward Byrne Memorial Justice Assistance Council Member Watford moved to ratify the Edward Byrne Memorial Justice Assistance Grant Application dated Grant Application dated November 17, 2010 and accept the Grant November 17, 2010 and accept the Grant Award in the amount of $3,815.00 for the Police Department Weapons Award in the amount of $3,815.00 for the Police Department Acquisition Project; seconded by Council Member O'Connor. There was a brief discussion on this item. Weapons Acquisition Project - Police Chief Davis (Exhibit 2). VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to approve a Temporary Street Closing Application for the Council Member O'Connor moved to temporarily close Southwest 4m Avenue between North and South Park Streets Top of the Lake Art and Music Festival sponsored by Okeechobee from 1:00 pm on February 25 until 6:00 pm on February 27 as requested by a Temporary Street Closing Application Main Street - City Administrator (Exhibit 3). for the Top of the Lake Art and Music Festival sponsored by Okeechobee Main Street; seconded by Council Member Maxwell. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA ITEM ADDED TO AGENDA: C. Motion to award a striping quote to Dubel's Asphalt for thirty-nine cent per linear foot for the City Hall parking lot and a WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. portion of Northwest 9`h Street - City Administrator (Exhibit 4). Administrator Whitehall explained that the City advertised and held a bid opening on January 5 for the annual roadway striping project. However, there were no bids received. City Staff called the five businesses that were mailed bid packets from the vendor list to ask why they did not submit a bid, no one had a specific reason. Staff then requested quotes, to date the only quote received was from Dubel's Asphalt for $0.39 per linear foot. This quote is 11 cents less that the last two striping bids. His recommendation was to award the quote to complete the City Hall parking lot and Northwest 91h Street, as these are priority areas. Once this work is inspected and is found satisfactory, the project may expand to include the parking stripes in the downtown area. He also advised that City Staff is researching the feasibility of purchasing a striper, materials and application costs. Council Member Watford moved to award the striping quote to Dubel's Asphalt, for $0.39 per linear foot, total quote approximately $4,986.15 to stripe the City Hall parking lot and Northwest 91 Street: seconded by Council Member O'Connor. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. 15�36 JANUARY 18, 2011 - REGULAR MEETING - PAGE 5 OF 5 AGENDA X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, 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. ATTi`ST: h James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:27 p.m. The next regular scheduled meeting is February 1, 2011 at 6:00 p.m. 1 CITY OF OKEECHOBEE JANUARY 18, 2011 REGULAR CITY COUNCIL MEETING �� HANDWRITTEN MINUTES - r�CtaL I. CALL TO ORDER - Mayor January 18, 2011, City Council Regular Meeting, at P.M. II. OPENING CEREMONIES: Invocation given by the Pastor Gwen Livatt, St. Stephens, African Methodist Episcopal; Pledge of Allegiance led by Mayor�(J�(_ III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk - \/ Council Member Devin Maxwell - Council Member Mike O'Connor - ✓ Council Member Dowling R. Watford, Jr. -✓ Council Member Clayton Williams - -,/ City Administrator Brian Whitehall - V City Attorney John R. Cook - City Clerk Lane Gamiotea - ✓ Deputy Clerk Melisa Jahner -*-/ Police Chief Denny Davis -v Fire Chief Herb Smith - ✓ Public Works Director Donnie Robertson - J IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Certificate of Commendation to Paul Bramlett. "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Paul Bramlett, in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." B. Present a Certificate of Commendation to Jim Byrd. "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Jim Byrd in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." C. Present a Certificate of Commendation to Dan Hunt. "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Dan Hunt in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." V. MINUTES - City Clerk A. Council Member 00 moved to dispense with the reading and approve the Summary of Council Action for the January 4, 2011 Regular Meeting; seconded by Council Member MO P&0 ck lJJ C.l.. V]R11CJti� VOTE KIRK - YEA MAXWELL - YEA ' WATFORD - YEA WILLIAMS - YEA MOTION CARRIE . VI. WARRANT REGISTER - City Administrator. A. Council Member _bW moved to approve the December 2010 Warrant Register in the amounts: General Fund, five hundred thirty-nine thousand, three hundred ninety-three dollars and seventy-three cents ($539,393.73); Public Facilities Improvement Fund, twelve thousand, twenty-five dollars and sixty-eight cents ($12,025.68); Capital Improvement Projects Fund, seven thousand, one hundred seven dollars and ninety-five cents ($7,107.95); seconded by Council Member YID VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA TION ARR VII. AGENDA - Mayor A. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's aoenda? , - , . - P VIII. �N MAYOR U1�C _ OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT P.M. A.1. a) Council Member b,0 moved to read by title only, proposed Ordinance No.1070 pertaining to storefront church property - City Planning Consultant (Exhibit 1); seconded by Council Member 0 W b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA ' - EA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. N A c) G4tA#wPey 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, 90-252, 90-282, 90-31Z AND 90-342ADDING STOREFRONT CHURCHAS A PERMITTED USE IN THE CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS; DIVISION 9 PERTAINING TO SPECIAL EXCEPTION USEAND SUPPLEMENTARY USE REGULATIONS; SECTION 90-512 BY ADDING 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 1110 moved to approve the first reading of proposed Ordinance No. 1070; seconded by Council Member_. b) Mayor Kirk asked whether there were any questions or comment from the public? C) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA MAYOR K�"L CLOSED THE PUBLIC HEARING AT t6.1 P.M.. ' - YEA -MOTION CARRIED. IX. NEW BUSINESS. A. Council Member 7Dly moved to ratify the Edward Byrne Memorial Justice Assistance Grant Application dated November 17, 2010 and accept the Grant Award in the amount of $3,815.00 for the Police Department Weapons Acquisition Project - Police Chief Davis (Exhibit 2); seconded by Council Member �� U CY10 - w-h o V a � DID 1 )() L 6 ul�i.y _ Q °a JV k a 67�Yx,� ? (:V(n Xhi ,;UG,l � U(A , VOTE KIRK - YEA MAXWELL - YEA O AWNQR. EA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Council Member Mac _ moved to temporarily close Southwest 4" Avenue between North and South Park Streets from 1:00 pm on Febraury 25 until 6:00 pm on February 27 as requested by a Temporary Street Closing Application for the Top of the Lake Art and Music Festival sponsored by Okeechobee Main Street - City Administrator (Exhibit 3); seconded by Council Member �m VOTE KIRK - YEA MAXWELL - YEA O' R - YEA ATFORD - YEA WILLIAMS - YEA r -MOTION CARRIED. ti IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor_ adjourned the meeting at -p.m. The next meeting will be February 1, 2011 at 6:00 p.m. I'A JkA,, , t ")u � ul cA CITY OF OKEECHOBEE JANUARY 18, 2011 REGULAR CITY C UNCIL MEETING HANDWRITTEN MINUTES - fc� CALL TO ORDER- Mayorklhlt-b.: ��r,, January 18, 2011, City Council Regular Meeting, at p.m. II. OPENING CEREMONIES: Invocation given by the Pastor Gwen Livatt St. Stephens, African Methodist Episcopal; Pledge of Allegiance led by Mayor �. III. MAYOR, COUNCIL AND STj ►ff ATTENDANCE - City Clerk. Mayor James E. Kirk - tea. Council Member Devin Maxwell - Council Member Mike O'Connor - h4-Ata Council Member Dowling R. Watford, r. - Council Member Clayton Williams - City Administrator Brian Whitehal -i,� , City Attorney John R. Cook - City Clerk Lane Gamiotea -'p Deputy Clerk Melisa Jahner - Police Chief Denny Davis -� Fire Chief Herb Smith - Public Works Director Donnie Robertson - IV. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Certificate of Commendation to Paul Bramlett. "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Paul Bramlett, in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." B. Present a Certificate of Commendation to Jim Byrd. "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Jim Byrd in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." C. Present a Certificate of Commendation to Dan Hunt. _ "Office of the Mayor, Okeechobee, Florida, extends this expression of appreciation to Dan Hunt in recognition of his outstanding service to the community. The City and your fellow citizens have benefitted greatly by your unselfish dedication in the work you displayed at the Veterans Memorial Park." a& 0 6&.4� ��4 �4 a� U� V. MINUTES - City Clerk A. Council Member 1W moved to dispense with the reading and approve the Summary of Council Action for the January 4, 2011 Regular Meeting; seconded by Council Member y. VOTE KIRK -YEA MAXWELL -YEA O'CO - EA WATFORD - YEA WILLIAMS - YEA OTION CARRIED. VI. WARRANT REGISTER- pity Administrator. A. Council Member �1 moved to approve the December 2010 Warrant Register in the amounts: General Fund, five hundred thirty-nine thousand, three hundred ninety-three dollars and seventy-three cents ($539,393.73); Public Facilities Improvement Fund, twelve thousand, twenty-five dollars and sixty-eight cents ($12,025.68); Capital Improvement Projects Fund, s ven thousand, one hundred seven dollars and ninety-five cents ($7,107.95); seconded by Council Member /pvc k, VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Vil. 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 /�� OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT CT P.M. A.1. a) Council Member 0L) moved to read by title only, proposed Ordinance No.1070 pert initostorefront church property - City Planning Consultant (Exhibit 1); seconded by Council Member. b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA ' NNOR - YEA WATFORD - YEA WILLIAMS - YEA CZ1 TION CAR IE . C) =MIL14UZI-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 CHURCHAS A PERMITTED USEIN THE CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS, DIVISION 9 PERTAINING TO SPECIAL EXCEPTION USEAND SUPPLEMENTARYUSE 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 moved to approve the first reading of proposed Ordinance No. 1070; seconded by Council Member n L b) Mayor Kirk asked whether there were any questions or comment from the public?LJ -, A&�" i& w W 1,a )d 770 ? - hA, 4t,�, C) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA MAYOR 2etk CLOSED THE PUBLIC HEARING AT b = 1-3 P.M.. 0' OR - YEA MOTION CARR IX. NEW BUSINESS. l A. Council Member l� moved to ratify the Edward Byrne Memorial Justice Assistance Grant Application dated November 17, 2010 and accept the Grant Award in the amount of $3,815.00 for the Police epartment Weapons Acquisition Project - Police Chief Davis (Exhibit 2); seconded by Council Member VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA TION CARRII_D. B. Council Member N moved to temporarily close Southwest 4" Avenue between North and South Park Streets from 1:00 pm on Febraury 25 until 6:00 pm on February 27 as requested by a Temporary Street Closing Application for the Top of the Lake Art and Music FestivZsponsored by Okeechobee Main Street - City Administrator (Exhibit 3); seconded by Council Member r !S -- &� a- C175 �/,; 4& V VOTE KIRK - YEA MAXWELL - YEA QT.MOR - YEA WATFORD -YEA WILLIAMS -YEA IOTION CARR IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor adjourned the meeting at /p.,0 p.m. The next meeting will be February 1, 2011 at 6:00 p.m. "a) 9/--tSf td NDEPENDENT _ 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, 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. Tom Byrd Sworn to and subscribed before me this day of -__ - AD Notary Public, State of Florida at Large 1 1TJVY BLICSTATE OF FLORi r. Angie Bridges 0Commission # DD779718 ,J- Expires: APR. 20, 2012 ,mwEv THRU ATIANTIG BONDING CO., INC. CITY COUNCIL MEETING NOTICE ;E IS HEREBY GIVEN that the city Council of the City of O1ke All meet m Regular Session on Tue200, 7ma°ry I Ro20da. T a., at city Hall, 55 SE 3rd Ave, Rm 2f10, �k record b invited and encouraged to attend. E TAKE NOTICE A Ube made of the foregoing Ong. Accordln{ court reporter will the -Ws I on who nja seek to appeal any dedslon I m � of the tessr ,in will be responsible for making a verjpon whichbatim r 8 to e t stir �ct � at said at %3-763-3372, or websRe Yam, -w obtain a copy of the age- ., of 1 1I �rdance with the Americans wMh OlsabrAsltlnepsahAec[ Neils D ceding reedy y g63-763-3372 for assist -- Antadthe Clty Clerk's es E. Kirk, Mayor camwtea, CMc, city aerk CITY OF OKEECHOBEE JAN UARY 18, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 10F 3 • I. CALL TO ORDER -MAYOR: January 18, 2011, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Gwen Livatt, St. Stephens, AME; Pledge of Allegiance led by Mayor III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member 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. PRESENTATIONS AND PROCLAMATIONS - Mayor A. Present a Certificate of Commendation to Paul Bramlett. B. Present a Certificate of Commendation to Jim Byrd. C. Present a Certificate of Commendation to Dan Hunt. 2011 PACE 2 of 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the January 4, 2011 Regular Meeting - City Clerk. VI. WARRANT REGISTER - City Administrator A. Motion to approve the December 2010 Warrant Register. General Fund $539,393.73 Public Facilities Fund $ 12,025.68 Capital Projects Fund $ 7,107.95 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read by title only proposed Ordinance No. 1070 pertaining to storefront church property - City Planning Consultant (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1070 by title only. 2.a) Motion to adopt Ordinance No. 1070. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING. C] • IX. NEW BUSINESS. A. Motion to ratify the Edward Byrne Memorial Justice Assistance Grant Application dated November 17, 2010 and accept the Grant Award in the amount of $3,815.00 for the Police Department Weapons Acquisition Project - Police Chief Davis (Exhibit 2). B. Motion to approve a Temporary Street Closing for Top of the Lake Art & Music Festival sponsored by Okeechobee Main Street - City Administrator (Exhibit 3). X. 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 JANUARY 18, 2011 PAGE 3 OF 3 `/I\VVr VI IW"%-WV' 1 1 W I I%A%A Extends cession of Al eciation to In Recognition of His Outstanding Service to t6e Communit�q T�e, citN anb Nour fellow citizens Gave benefitteb g-reat(N 6N Nour unsel is6 bebication in the work Nom obis Ca eb at the Veterans Memorial Park Given on behalf of the citN council t�is 10 aa�q of januarn 2o11. In witness whereof 1 have hereunto set my hand and caused this seal to be affixed.,: e irk,. M of Y a Attes 4Laamiotea, MC; C�c _. a `�N vncc�.i ivuCC, r-ILA luct Extends this Expression of Appreciation to In Recognition of His outstanding Service to t6e ComrnunitN T6e CitN and Nour fellow citizens bave benefitteb 9reatlN 6N Nour unsex f is6 dedication in t6e work Nou bispfaNea at the Veterans Memorial Park behalf of the CitN Council this 10 aaN of Januarv�� 20ir. In witness whereof I have hereunto set my hand and caused this seal to be affixed: `1r James Kirk, Iyo� Attest:�. � Okeechobee, Extends t) � Expression of Apr. ■ \/ ■ ■ M AIM reciation to In Recognition of His Outstanding Service communitN The Cit�q and Nour feffow citizens lave benefitteb yveat[N bN Nour unselfish dedication in the work Nou bispfaNea at t6e Veterans Memorial Park Given on behalf of the CAN Council this 10 baN of Janua-% 2-o11. In witness whereof I have hereunto set my hand and caused this seal to be affixed:._' ,r b ames . Kirk, Mfipo� = s a Attest:; C h ,r Gamioted. CMC.`G _tN DEPENDENT_ NEWSPAPL1RS OKEECHOBEE NEWS 107 S. W. 17th St -I, S,iih• 1), Okechob-F1. 34974 (963)763-3139 J STATE OF FLORIDA COUNTY OF OKEECUOBEE 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. Tons Byrd Sworn to and subscribed before me this +� 1 day of AD z - Notary Public, State of Florida at Large y t ,Of.4GY PUDLAC-MTATE OF I.7,oki1„ Angie Bridges '• `Conlmi9fi1011 8 L167J9713 kxpins: AN, 20, 2012 :�Nu(L1J 1t 1 A r1.ANTI1 A3W',"., ANC. 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 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, 90-252, 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 A NEW SECTION 90.702 SETTING FORTH REQUIREMENTS FOR STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFEC- TIVE DATE. The Final Public Hearing on the proposed ordinance will be held on Tuesday, January 18, 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 proposed 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 interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for offi- cial 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, CMC, CITY CLERK City of Okeechobee 55 SE 3rd A Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bhitehall(a.),cityofokeechobee.com . F^ ti *Memorandum ** Date: January 18, 2011 City Council meeting TO: Mayor & City Council �lll :mr ITWI RE: Agenda items 1. The Certificates of Commendation may be presented to all recipients at the same time, if you wish, for their time in beautifying/painting the machinery at Veteran's Park. Note — Jim Byrd will be unable to attend, but Paul Bramlett will accept on his behalf. 2. Please add to the end of the Agenda the striping quote acceptance. The City rec'd no bids from a 1/5/11 bid opening and subsequently requested quotes. The only quote the City rec'd was from Dubel's Asphalt, P O Box 841, Okeechobee at 390 per linear foot. That's 110 less than the last two striping projects the City has bid (they were 50¢/ft) My recommendation is to approve the quote from Dubel's Asphalt at $.39/lin ft for an est project cost of $4986.15, which incl NW 9th St and City Hall Pkg Lot. I plan to have the work inspected and if it is satisfactory perhaps expand it to incl parking stripes in the downtown area. Further, the City continues to investigate feasibility of the purchase of a striper, materials and application costs. 3. Planner Bill Brisson and Atty Cook will not be at the meeting. The Updates! I- (Y < I from the City Administrator's Desk dk t t - SS SE 3rd Av., Okeechobee, FL 34974 G" City Hall — 763-3372 City Council meeting o January 18, 2011 Evaluation and Appraisal Report (EAR) — the City passed Resolution 11- 01 at the last meeting and as Bill Brisson explained, immediately after DCA renders approval the City has an 18-month window to incorporate the EAR findings into the Comp Plan. Again, that seems like ample time but the City is faced with developing some substantive issues, incl: 1. Provide a transitional commercial -to -residential land use category along with the appropriate map designation 2. Eliminate inconsistencies between the Zoning and Land Use maps 3. Develop unique guidelines for development along Taylor Creek 4. Establish an urban design standard concentrating on the City's downtown area along with pedestrian friendly connectivity and streetscaping • Storefront church Provisions— Ord #1070 —The 2Id rdg of the Ord is on this Agenda. At the last meeting, there was a brief discussion about the BTR fee associated w/ churches and I sent out the following email: ...As I expected, Sect'n 50-49 exempts churches from assessment of the Bus Tax receipt fee. That exemption, however, does not negate the churches' responsibility to complete a BTR form, which gives rise to inspection/review from each staff member ... as we started to discuss last night. Our current fee structure allows the City to collect an inspection fee for the Building Inspector ($50, of which is transmitted to Independent Inspectors), the Fire inspection ($15) and an application fee of $10. After the initial application/BTR issuance, the renewal for a church is free of charges unless the Fire Dept has follow-up inspections, which should be done routinely anyway. I am aware it won't be used much, but am attaching an application the City plans to use in gathering the information needed for a parking analysis. • Noise Ord complaint (last meeting) — as you recall, Mrs. Ron Main, 101 NE 8 th Av (River Run Park) approached the Council to complain about excessively loud music at Hammerheads. Chief Davis had a meeting with Anita Nunez the next day to review corrective action. • Chamber — As you were made aware, at the Dec City Council meeting the Council directed the Atty to proceed w/ terminating the lease. We attempted to get Chamber board members to a vacate consent process which was unsuccessful. On Dec 22 we sent a Statutory 15 day notice advising that an eviction was forthcoming. Atty Cook and I reviewed a draft eviction notice and it should be filed by now. Last Wed 1 /12/11, 1 rec'd a response letter from the Chamber which I'm attaching. I'm going to resist refuting the response letter at this time. Page I 1/18111 Activity Rpt Cont'd • Legislative delegation - attached is the Agenda for the 1 /18/11 delegation meeting itself. Councilman Watford always does a fine job conveying the City's issues. Representatives from the County, OUA and the city plan to meet w/ Rep Horner at 10am. A lunch is planned at IRSC prior to the delegation. Also attached is a list of the legislative issues we plan to present to the meeting. • Street striping - The City rec'd no bids from the 1/5/11 bid opening. In light of that, rather than simply rebidding, I'm gathering quotes for at least the areas of immediate importance... City Hall pkg lot and NW 9th Street. We are exploring purchasing the application equipment for ourselves. Carter Pritchett Advertising v. City billboard issue — Rec d a letter dated 12127110 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. City Hall remodel -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. Sign Ord — As a result of a prior 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. Temp use and Temp structures permitting — The City Code now provides for a permit, fee ($175, no charge for a non-profit special event) and inspection method to allow businesses to conduct an event which will result in erection of temporary structures. A recent applicant complained that permitting an open house seemed a bit much and I've had a City Councilman mention that this matter should be placed on a future agenda. >There are instances that make sense to permit, such as a rodeo or circus, sp events that may result in increased liability or public safety issues. >The City Code is a bit confusing/contradictory. >I've instructed General Services to compose an accurate accounting of what our practice has been so that the City may adopt a clearer policy. 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. Page 2 1/18111 Activity Rpt Cont'd Dates to remember: *Jan 18th — Legislative Delegation 1 pm, 11:30 lunch at IRSC *Jan 29th — 4th Annual Health & Safety expo at the Agri -Center *Feb 5 & 6 — Battle of Okeechobee re-enactment (see attached) *Feb 25-27 — Top of the Lake Art/Music Fest (Main St sponsored) on Agenda for approval. Finance: • Insurance claims outstanding — Attached please find a one -page listing of claims identified by category that are outstanding as of Dec 31' w/ our Insurance carrier, Public Risk Management (PRM) • 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. Fire: • Grievance filed by union misdirected - rec'd the attached notice of grievance from the union local Pres, Justin Hazellief, sighting Art 13, Sect'n 7 of the City Agreement wherein they allege it states that employees were to move within the step plan based on seniority and compensation is now in order. In the City's Agreement, there is no Art 13, Section 7. In addition, there is nothing in the Agreement that mentions union employees will be subject to the step plan guarantee, which, apparently there is something in the County's Agreement because I've heard a similar grievance is being filed w/ the County. General Services: • Building Official contract — rec'd a proposal from Independent Inspectors, copy of the cover letter attached, requesting a reduction of our Bldg Official hours and an increase in permit fees. The City has resisted the fee increase, as I think most of you know. And we have issues with the 3- day work week service we are getting now, without reducing it. Shortly after arriving here, I tho't the fee was exorbitant, so we rebid the service and were able to renegotiate a reduction (90% down to 85% of the total permit fee). They have asked for an increase in fees several times over the last cpl of years. The latest proposed fee increases are reflected on the attached spreadsheet. You can see the significant increases reflected in the proposal and the existing fees that the County now charges. In my opinion, the City does need to examine our fees, but just as bothersome is the lack of hours Independent inspectors wants to afford us. My rough analysis points to hiring our own Building Official... something I've resisted in the past. Page 33 1/18111 Activity Rpt Cont'd — building official discussion Here is what I think - >Permit revenue over the last 4 years showing affordability: 2007 $185000 2008 $113000 2009 $ 99000 2010 $131000 >Permit issuance activity showing ability to handle workload: 2005 — over 1000 permits, last fly — 465 permits >Availability of Bldg Official applicants should be better than ever >City Hall Bldg Dept staff has played a bigger and bigger role in assisting Independent Inspectors over the years, in an effort to control costs, so they are trained to some extent to assist in transition. >Am currently investigating other municipals and hiring practices relative to a Bldg Official Will keep you advised when we are seeking Council approval. • Center State Bank — I mentioned in my last report that we were to meet w/ reps from the bank about the 2100 S Parrott site. Normally it's not noteworthy here to apprise you of mtg such as this, but you know the site has drawn much attention. On 1/4/11 a rough site plan was given to us that simply showed the bank consuming most of the property w/ no other development thereon. • Mossell Construction — is scheduled for the 1/20/11 Tech Review Comm (TRC) to present a multi -family building at 202 NW 11th St, six 3-bedroom units are proposed in 2 phases, the first phase to be 3 units on the west side of the property. There's no major issues to approving the project and I've attached a reduced copy of the project. • Water Supply 10-yr Plan Ord — Discussed the matter with Bill Brisson and they will be working on it, using the County's submittal as a template. As you recall, 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 has developed between OUA and SFWMD as it relates to max daily allowances (SFWMD wants more restrictive measures). Police: • Grant Agreement for police weapons — Last fall the police Dept applied for a Justice Asst Grant (referred to JAG) thru' the FL DLE and we have been notified that we are successful and acceptance has been placed on the Agenda. The funding will allow the PD to purchase 11 handguns at an est cost of $3815. • SLERS radio system — While the City has not paid anything on the radio installation, up until the recent brush fires we had no SLERS service. At the brush fires, the City provided significant man-hours without the use of radio coordination w/ Fire & Rescue... unbelievably. Chief Smith initiated the radio contractors to temporarily install one channel (OCFR) on our fire mobile units installed a year or so ago, so that the City won't have a repeat performance of that episode. The Police Dept has noticed no issues w/ communication but they use dispatch almost exclusively. Page 4 1/18111 Activity Rpt Cont'd Public Works/Engineering: • Blvd Median Curbing — The project has been moving along albeit slowly. I have nothing new to report. • Commerce park lakes and wetland — Suppose to meet Jan 27th. Again, I hope it's a matter of providing `as-builts' and some clarification on future infrastructure relating to private property development. Invited are SFWMD reps, CAS and Dale Milita along with City reps. • Warehouse at the City garage facilities — Shortly we plan to have bids for an 80' X 100' metal pole building and I've attached a page out of the base bid, which describes the bldg. We are using an alternate bid process to segregate the concrete work from the bldg, if the base bid is, in our opinion, overpriced. The corners of the proposed bldg are marked on site by lathe. We have budgeted monies from the Public Facilities fund (Gas tax) for this building for 3 years, this year $180k, which should be more than enough. Other stuff: Chicago Tribune ILLinois Lawmakers Pass 67 Percent Tax Increase: A vote in the ILLinois Senate sealed the deal to raise the state's personaL income tax rate by 67 percent and business income tax rate by 46 percent. The LegisLature dropped the proposed $1 increase on a pack of cigarettes. Under the biLL, the current 3 percent personaL income tax rate goes up to 5 percent until 2e15, when it would drop to 3.75 percent. Lawmakers compromised on the plan aLLowing the tax rate to Lower in 2025 to 3.25 percent. (Commentary — 2025, um, that almost sounds like someone else's problem.) Page 5