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2011-11-01
CITY OF OKEECHOBEE NOVEMBER 1, 2011 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION PAGE 1 OF 5 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE I I. CALL TO ORDER - Mayor: November 1, 2011, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson; First United Methodist Church; Pledge of Allegiance led by Mayor. 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 City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith Public Works Director Donnie Robertson IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the week of November 18-24, 2011 as "Farm City Week." Mayor Kirk called the November 1, 2011, Regular City Council Meeting to order at 6:00 p.m. The invocation was offered by Reverend Bruce Simpson of the First United Methodist Church; the Pledge was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Present Present Present Present Mayor Kirk read the Farm City Week proclamation in its entirety as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy; and WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, NOVEMBER 1, 2011- REGULAR MEETING - PAGE 2 OF 5 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. "Farm City Week" continued. (Continued from page 1).shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to abetter quality of life for countless citizens. We commend the manyAmericans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives. NOW, THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the period of November 18 - 24, 2011 as "Farm City Week", and 1 do further call upon all citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products." Mr. David Hazellief was present from the Okeechobee Farm Bureau to receive the proclamation and presented fresh fruits and vegetables to the Council. He extended an invitation to the annual Farm Bureau luncheon on November 17, 2011 at the KOA Kampground B. Proclaim November 20, 2011 as "Florida Retired Educators Day." Mayor Kirk read the Florida Retired School Teacher proclamation in its entirety as follows; "WHEREAS, the educational system within our state and county is a vital part of our society, providing education for young and old alike; and WHEREAS, at the heart of the educational system are educators who are devoted to sharing' their knowledge and experience with their students; and WHEREAS, within the incorporated and unincorporated areas of Okeechobee, we have many retired educators who have spent most of their lives giving themselves to our education system and our students; and WHEREAS, Rick Scott, Governor of the State of Florida, has declared November 20, 2011, as Retired Educators Day. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim November 20, 2011, as "Florida Retired Educators Day, "and further extend appreciation and gratitude to those valued educators. " The proclamation was presented to School Board Member and retired school teacher, Ms. Gay Carlton who thanked the Mayor and Council and took a moment to explain the mission of the Retired Educators Associations. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the Council Action for the October 18, 2011 Regular Meeting - City October 18, 2011 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item. Clerk. 11 635' 63& November 1, 2011 - Regular Meeting - Page 3 of 5 AGENDA COUNCIL ACTION - DISCUSSION - VOTE V. MINUTES CONTINUED. A. Motion to dispense with the reading and approve the Summary of VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA Council Action for the October 18, 2011 Regular Meeting continued. WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. VII. NEW BUSINESS. A. Motion to adopt proposed Resolution No. 11-11 supporting the Council Member Watford moved to adopt proposed Resolution No. 11-11 supporting the adoption of a ban on texting adoption of a ban on texting while driving - City Attorney (Exhibit 1). while driving; seconded by Council Member O'Connor. Attorney Cook read proposed Resolution No. 11-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; SUPPORTING THEADOPTION OFA BAN ON TEXTING WHILE DRIVING; PROVIDING AN EFFECTIVE DATE. "The Treasure Coast Council of Local Government has initiated this resolution for other cities to consider and adopt. Council Members O'Connor and Maxwell noted their support and the need for legislation to take action on this. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Motion to ratify the appointment of Melisa Jahner to the City Council Member Watford moved to ratify the appointment of Melisa Jahner to the City General Employees/OUA General Employees/OUA Pension Fund Board of Trustees for a Pension Fund Board of Trustees for a term beginning November 1, 2011 through December 31, 2013 (replacing Betty term beginning November 1, 2011 through December 31, 2013 - Clement); seconded by Council Member O'Connor. Council thanked Mrs. Jahner for her service. City Clerk. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. November 1, 2011- Regular Meeting - Page 4 of 5 637 11 AGENDA 111 COUNCIL ACTION - DISCUSSION - VOTE 11 VII. NEW BUSINESS. C. Motion to award a bid for the purchase of 16 Dodge Charger squad Council Member O'Connor moved to award the Police Car Bid to Okeechobee Dodge Chrysler Jeep for the purchase cars - City Administrator (Exhibit 2). 11 of 16 Dodge Charger squad cars for the amount of twenty one thousand, eight hundred eighty dollars and two cents ($21,880.02) each; seconded by Council Member Williams. The City is purchasing all Dodge Chargers this year, due to the preference of other agencies to keep the vehicles marketable for resale. The state bid price was twenty thousand, nine hundred nineteen dollars ($20,919.00), which is approximately one thousand fifty-five dollars ($1,055.00) less than last years model. Okeechobee Dodge Chrysler's bid was 4.6 percent above the state bid. However, the local vendor preference obligates the City to consider a bid at less than 5 percent above the lowest non -local bid. Council Member Watford spoke of his disappointment of not splitting up the mix between the various models of cars as done in the past. There was an issue with the delivery of last years Chargers with the same local vendor, and questioned whether the Chief was comfortable with awarding this years bid. Council Member Maxwell was in favor of the local vendor preference ruling but wanted to know whether there were other police patrol car packages. Chief Davis explained that there are other packages but the buyers prefer the rear -wheel drive vehicles, which is why the Dodge Charger was chosen. He also advised that the relationship with the local vendor has been restored and he i3 confident that they will fulfill the order this year by the delivery date. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. D. Further discussion on resolving a former mediated dispute involving Attorney Cook began the discussion and summarized the pending situation with Carter -Pritchett Advertising, Inc. An location of a billboard for Carter -Pritchett Advertising, Inc. - City erroneous building permit was issued by Independent Inspections for a billboard sign to be constructed in an Attorney. inappropriately zoned area, 701 Northwest Park Street (West of the Country Cooler). Prior to the actual work on the site, a moratorium on billboards was approved on February 20, 2007 by Resolution No. 07-04, and the building permit was revoked. The plaintiffs in the case indicated they incurred costs associated with the revoked building permit along with attempting to forge the construction of a sign at the approximate same location. As part of a mediation in January, 2010, an agreement was struck pending Council approval, to allow a new billboard to be built on the East side of town. The placement of the sign and non -conforming issues were then discussed by the Attorney's as instructed by Council at the October 19, 2010 meeting, with no agreeable conclusion, as the City agrees for a 10-year non -conforming use allowance and the plaintiff requested a 20-year non -conforming use allowance. Also, the litigation has been dismissed due to time constraints and a closed executive session is not necessary. Ur. NOVEMBER 1, 2011 - REGULAR MEETING - PAGE 5 OF 5 11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS. D. Further discussion on resolving a former mediated dispute continued. VIII. 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. AT FES i`- � y, James E. Kirk, Mayor Lane Ga iotea, CMC, City Clerk Fallowing further discussion between the Mayor, Council, Administrator Whitehall and Attorney Cook, for Kirk instructed Attorney Cook to meet with Attorney Steve Ramunni and bring back at the December 6, 2011, more information pertaining to their settlement. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the Regular Meeting at 6:44 p.m. The next regular scheduled meeting is December 6, 2011 at 6:00 p.m. 0 • CITY OF OKEECHOBEE NOVEMBER 1, 2011 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA �jr�✓L c .2�,� '� PAGE 1 OF 2 I. CALL TO ORDER - MAYOR: November 1, 2011, City Council Regular Meetin C6.00"'p.m ��F II. OPENING CEREMONIES: Invocation given by Rev. Bruce Simpson, First United Methodist Church; 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. PROCLAMATIONS AND PRESENTATIONS - Mayor. `( A. Proclaim the week of November 18 - 24, 2011 as Farm City Week. ���-� ? C� !t 1 Cla « LC B. Proclaim November 20, 2011 as "Florida Retired Educators Da A/ u` « `` a i t' i c'v c �� G< <' .' �',wAc"n y� l y i[{ C'.,' ElU^L C 1,r U-F t J Cam' November 1.2011 PAGE 2 OF 2 �. �� V. MINUTES -City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the October 18, 2011 Regular Meeting. � t VI. AGENDA - Mayor. �'•/� A. Requests for the addition, deferral or withdrawal of items on today's agenda. o-J b ;j01VII. NEW BUSINESS. '(G'7i 44-2 CL-e e_ p proposed PP 9 ,�P g- Y Y( ) � A. Moti n to ado t r osed Resolution, o. 11-11 su ortin the ado tion of a ban on textin while dr in City �rne Exhibit 1 . C ' rati he appointment of Melisa Jahner tot City General Em to e�es' /OUA Pension Fund Board of Trustees for a term beginning November B. Motion t��f tt PP/ 1, 2011 th December 31, 2013 -City Clerk. �� ��1��--i>/�/ �' C. Motio to award a bid for the purchase of 16 Dodge Chargers a car, -City Administrator (Exhibit 2). �', �3 - C� _ / � � uJ,l1.�'c"�c , � . (�1 ALL c tF Gj D. Further discussion on resolving a former mediated dispute inv Ivan location of a billboard for Carter-Pfitchett Advertising, Inc. -City Attorne . VIII. ADJOURN EETING. ; C�J[ ,C' .� f�l" ��8 A ; r+ C i4_14-U G�( �,4,u�f - �:/1��( � / 6' /11� k AC C f� t ��'?c t< C' c � a?Ci0 ' .'� r u c �( %�� f�Ck" ' it f LTC�I i7(�rtt C[ t 1•f��if t/ �C C` (/JCLY( Cc �cB22 a LAG C4��cCiii�[L�l`�t�2. :�' 6 i r l lAi �c / (t<t G T (�-; �J 4 "Lv�V i 1✓ Z ` I �' l��l. LVw C� t� �C A %�� i i // C G� � i n � i`lG 1/ L ✓C_d' - ��COC� ' L C� t (- c i .G 1� � � )L to '' " PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the 6ty 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. • to LXHIBIT 1 My 1, 2011 RESOLUTION NO. 11-11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; SUPPORTING THE ADOPTION OF A BAN ON TEXTING WHILE DRIVING; PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the Insurance Institute for Highway Safety, drivers who use handheld devices while driving are four times as likely to get into crashes serious enough to injure themselves or others; and WHEREAS, those who engage in dangerous highway safety behaviors, such as texting while driving, fear getting a ticket and fine significantly more than they do being injured or killed in a motor vehicle crash; and WHEREAS, the act of composing, sending or reading text messages interrupts drivers' cognitive attention, causes vision to be directed away from the road, and compromises manual control of the vehicle; WHEREAS, the City Council of the City of Okeechobee, in order to promote highway safety and reduce injuries or death resulting from dangerous highway safety behaviors, hereby expresses its support for the adoption by the State of Florida of a statewide "ban on texting while driving law." NOW THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: 1. That the citizens of the City of Okeechobee, be encouraged to support the adoption by the State of Florida of a "ban on texting while driving law." Such a ban would make it unlawful to manually type or enter multiple letters, numbers, symbols, or othertext in a wireless communication device, or send or read data in the device, for the purpose of non -voice interpersonal communication, including texting, e-mailing and instant messaging, while operating a motor vehicle in the travel portion of public streets, roads and highways. 2. The City Clerk is directed to forward a copy of this resolution, upon adoption, to the Okeechobee County, Florida, legislative delegation, and members of the Board of County Commissioners for Okeechobee County, Florida. 3. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED in regular session this 1" day of November, 2011. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Resolution No. 11-11 Page 1 of 1 • CITY OF OKEECHOBEE NOVEMBER 1, 2011 REGULAR CITY COUNCIL MEETING - LANE'S MINUTES I. CALL TO ORDER - Mayor: November 1, 2011 City Council Regular Meeting 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Reverend Bruce Simpson of the First United Methodist Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Present: Absent: 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. Proclaim the week of November 18 - 24, 2011 as "Farm City Week." Mayor Kirk read the following proclamation in its entirety as follows: "WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agricultural products. To do this, they rely on essential partnerships with urban and suburban communities to supply, sell and deliver finished products across the country and around the globe. Rural and urban communities working together have made the most of our nation's rich agricultural resources as they contribute to the health and well being of our country and to the strength of our economy, and WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all, and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives. NOW, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the period of November 18 - 24, 2011 as "Farm City Week", and 1 do further call upon all citizens in rural and urban areas to acknowledge and celebrate the achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products." Mr. David Hazellief was present from the Farm Bureau to receive the proclamation and presented fresh fruits and vegetables to the Council. He extended an invitation to the annual Farm Bureau luncheon is on November 17, 2011 at the KOA Kampground. B. Proclaim November 20, 2011 as "Florida Retired Educators Day." Mayor Kirk read the following proclamation in its entirety as follows: "WHEREAS, the educational system within our state and county is a vital part of our society, providing education for young and old alike; and WHEREAS, at the heart of the educational system are educators who are devoted to sharing their knowledge and experience with their students; and WHEREAS, within the incorporated and unincorporated areas of Okeechobee, we have many retired educators who have spent most of their lives giving themselves to our education system and our students; and WHEREAS, Rick Scott, Governor of the State of Florida, has declared November 20, 2011, as Retired Educators Day. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim November 20, 2011, as "Florida Retired Educators Day, "and further extend appreciation and gratitude to those valued educators. " The proclamation was presented to School Board Member and Retired School Teacher, Ms. Gay Carlton who thanked the Mayor and Council and took a moment to explain the mission of the Retired Educators Associations. V. MINUTES - City Clerk. A. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the October 18, 2011 Regular Meeting; 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. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. There were none. Vill. NEW BUSINESS. A. Council Member Watford moved to adopt proposed Resolution No. 11-11 supporting the adoption of a ban on texting while driving - City Attorney (Exhibit 1); seconded by Council Member O'Connor. Attorney Cook read proposed Resolution No. 11-11 by title only as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; SUPPORTING THE ADOPTION OF A BAN ON TEXTING WHILE DRIVING; PROVIDING AN EFFECTIVE DATE." O'Connor - good thing that is needed. Whitehall - had an experience just today with a driver who was in my lane. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Council Member Watford moved ratify the appointment of Melisa Jahnerto he City P Y General Em to ees/OUA Pension Fund Board of Trustees for a term beginning November 1, 2011 through December 31, 2013 - City Clerk; seconded by Council Member O'Connor. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. C. Council Member O'Connor moved to award the Police Car Bid to Okeechobee Dodge Chrysler's for the purchase of 16 Dodge Charger squad cars for the amount of $21,880.02 each - City Administrator (Exhibit 2); seconded by Council Member Williams. (Get these conversations verbatim from the recording:) Watford - Maxwell - Whitehall - Chief Davis - Maxwell - Chief Davis - I think it is Watford - have the State bids with me, this bothered me today, Ford is out of the ball game, same as Chevy wont start production until January, Ford made a terrible decision in not making a rear wheel drive, I know this is important for other departments, can see this one on this and why we did it to make the program succussfull even though I hate it. Crown Vic's bought for years because of the rear wheel drive and cannot argue against it. I think that part of it is presception, once get enough out there think the jury is still out of that if in fact they are better and prove successful and get back to a level playing field again. KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. D. Further discussion on resolving a former mediated dispute involving location of a billboard for Carter -Pritchett Advertising, Inc. - City Attorney. Attorney Cook - billboards, brought up to speed,, issued a permit by Independent Inspections, prior to actual work on the site we revoked the permit, moratorum on billboards, and then this law suit, Carter -Pritchard claims they did work, lawsuit, mediation, part of the claim covered by the insurance, Bob Shearman, governemental agency staff cannot settle the lawsuit, proposed and brought to the council, cp erect billboard on 441 north close to glades gas enlarge to bill board, and picked a part on 70 east just across the bridge, put in application for the site, got bogged down, said it could only be there for 10 years, they wanted 20 years, the litigation was dismissed with the understanding it could come back. Thought the representatives would be there. Conscensus or proposal from council. Get back with Steve ramunni, come back in December to see if there is some other settlemeent that can be reached. Thats where we're at. If we do nothing whats that going to do to the lawsuit? Bring in independent inspection since they are the ones that approved the permit to begin with. Whitehall O'Connor - talked with admin about this, pritchard bill encurred not that much now bigger, they are dictating to us, abusing us, give 10 years and move far east of the city limits. Cook - they ahve to find a willing land owner. O'Connor - that's there problem Maxwell what happens at the end of the 10 years? Cook - it will come down. Whitehall - or if damaged? Cook - my understanding was just the 10 years, could fix if broke. Maxwell - Cook - can bring back a dollar amount williams - city officially put our independent inspections on notice, they were part of this as well. Maxwell - O'Connor - Cook - legally not an issue on permitting, the issue is whether they encurred expenses Williams - you know the attorney is going to run the meter there. Watford -10 years is a long time, a long time for them to get rent on that sign. Maxwell - don't feel there is sufficient information, want to get it back heading in a direction. Had been an ongoing sitation. Cook - going to be in labelle on the 141h Mayor - why did they want it there on 441 north maxwell, watford mayor - bothers me they want 2, where they want it cook theres no actualy lawsuit pending. No official action was taken at this time. IX. ADJOURN MEETING - Mayor. There being no further items on the agenda, Mayor Kirk adjoined the meeting at 6:44 p.m. INDEPENDENT _ NEWSPAPERS OKEECHOBEE NEWS J STATE OF FLORIDA COUNTY OF OKEECHOBEE 107 S.W. 17th Street, Suite D, Okeechobee, FL 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 79th 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 fox -publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this - - day of - AD Notary Public, State of Florida at Large WTAY FLBLIC-STATE Angie Bridges COMMissi0n #DD77971i Expires: APR. 20, 2012 RONDF,I) THRU ATLANTIC BONDING CO., INC. (863) 763-3134 NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechi le will meet in Regular Session on Tuesday, November 1, 2011, 00 p.m., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. Tt iblic is invited and encouraged to attend. PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record by rtified court reporter will be made of the foregoing meeting. Accordingl iy person who may seek to appeal any decision involving the matters m ed herein will be responsible for making a verbatim record of the tesomi and evidence at said meeting upon which any appeal is to be base, >ase contact City Administration at 863-763-3372, or website Nw.cttvofokeechobee com to obtain a copy of the agenda. In accordance with the Americans with Disabilities Act (ADA) of 1990 pe ns needing special accommodation to partidpate in this proceeding shoo ntact the City Clerk's Office at 863-763-3372 for assistance. • lames E. Kirk, Mayor Lane 6amiotea. CMC, Qtv Clerk office of the Mallor #_ Okeec�obee Floriba WHEREAS, American farmers and ranchers literally help feed the world by producing a bounty of agr►cUfii1: products. To do this, they rely on essential partnerships with urban and suburban communities to s' tw sell and deliver finished products across the country and around the globe. Rural and urban commum working together have made the most of our nation's rich agricultural resources as they contribute to, the health and well being of our country and to the strength of our economy; and /` WHEREAS, during National Farm City Week, we recognize the importance of this cooperative network. Agriculture employs more than 24 million workers, including farmers and ranchers, shippers, processors, marketers, retailers, truck drivers, inspectors and others who annually contribute more than $1.3 trillion to our gross domestic product. The agriculture industry provides us with food and clothing, as well as fuel for our energy needs. And as we welcome new opportunities for trade, the hard work and successful cooperation between farmers and city workers will continue to play a vital role in our nation's future; and WHEREAS, Farm City collaborations help maintain and improve our food and fiber supply and contribute to a better quality of life for countless citizens. We commend the many Americans whose hard work and ingenuity reflect the true spirit of America and help to ensure a prosperous future for all; and WHEREAS, as we gather with family and friends around the Thanksgiving table, it is fitting that we count among our blessings the vital Farm City partnerships that have done so much to improve the quality of our lives. NOW, THEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the period of November 18 - 24, 2011 as "Farm City Week", and I do further call upon all citizens in rural and urban areas to acknowledge and celebrate the, achievements of all those who, working together, produce and supply our community and nation with an abundance of agricultural products. In witness whereof I have hereunto set;wy� hand and caused this seal to be affixed k ;. James E. Kirk K Attest: .« Lane Gamiotea, CMG, Date N- � :Y r Office of the Mayor Okeechobee, Florida T "WHEREAS, the educational system within our state and county is a vital part of our society, providing education for young and old alike; and WHEREAS, at the heart of the educational system are educators who are devoted to sharing their knowledge and experience with their students; and WHEREAS, within the incorporated and unincorporated areas of Okeechobee, we have many retired educators who have spent most of their lives giving themselves to our education system and our students; and WHEREAS, Rick Scott, Governor of the State of Florida, has declared November 20, 2011, as Retired Educators Day. NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby / proclaim November 20, 2o11, as "Florida Retired Educators Day," and further j extend appreciation and gratitude to those valued educators. In witness whereof I have hereunto set my hand and caused this seal to be affixed. A James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Date: November 1, 2011 MEMORANDUM TO: JERRY A. BENTROTT, CITY MANAGER FROM: JOANN M. FAIELLA, MAYOR*,----,. DATE: OCTOBER 12, 2011 SUBJECT: AGENDA REQUEST Please place on the Monday, October 17 Council meeting a discussion regarding the attached resolution to adopt the support of the Ban on Texting While Driving Law. eJRWvlFlb c 1� RECEIVE® OCT 12 2011 City Managers Office 4 � ' a 18% OF DRIVER -CAUSED CRASHES WERE DUE TO DISTOACTED ORMN& Like the campalgh agriirtst drunk di-lvirng; efforts to cofrmat distracted driving are'.ainted ai preventifig accidents and saving lives: What is distracted driving? Distractive driving Is any non -driving activity a person engages in that has the {potential to distract him or her ftorn the primayg task of driving and ihcrease the risk of c�ashing. There are three main types of distraction: Visual - taking your eyes off the road. Manual -tak Vyourhandsotfithewhed. Cognitive - taking your mind off Mat you are doing. A > 1 Find out, tkhot thi , distracted dhV1n-q lain fs in your State. if .youe State dbet not have a cell phohe of textif 1q hart; or hLis liitilted ,r a'v�oak iwvv, r�Pc�t�iYie a chnrnpi�r? for legislatlan. Strengthen the effbCts to elirYilnate riiGtracted di-lving by adding Your voice and experience to 1116,0omh1unity: Call of VAite yoUr Stato legislators and let uteri kF do ,j you sLlpport distracted drivind IaVis. OVER 22%OFAil, CRASHES WERE O E TO DRIVER INVOLVE- T IN SECONDARY TASKS. AN putOclown Actionsa Difference High Visibility Enforcement High visibility enforcement means using stepped up enforcement, such as safety checkpoints or other enforcement strategies, in coordination with an earned media and/or paid media campaign supporting the enforcement effort. When people in the community understand that law enforcement is serious about enforcing laws like texting and hand-held cell phone bans —and actually witness officers enforcing those laws —they are more likely to "Put It Down" and pay attention to the road. As demonstrated in similar campaigns, like "Click It or Ticket" that have been extremely successful in increasing the national seat belt use rate, those who engage in these dangerous highway safety behaviors fear getting a ticket and a fine significantly more than they do being injured or killed in a motor vehicle crash. Members of the "Put It Down" campaign can help law enforcement in their efforts to develop enforcement programs that are both effective and visible. It might mean assisting them with safety checkpoints, promoting enforcement activities, or donating merchandise or coupons that law enforcement officers could distribute to drivers who have chosen to put their phones down. In those states and communities that have implemented high visibility enforcement programs for similar campaigns, like "Click It or Ticket," there have been great successes. By implementing new high visibility enforcement programs across the country, and calling on all "Put It Down" partners to support law enforcement, drivers will get the message loud and clear that distracted driving makes them not only a danger to themselves, but everyone else on the road around them. YOU CAN ASSIST LAW ENFORCEMENT "Put It Down" partners can publicly support enforcement efforts and educate their constituencies on the importance of paying attention to the road instead of anything else that will divert their attention from the task at hand... driving. Organizations can write letters to their political leaders and to newspapers,in support of stepped -up enforcement efforts. • Businesses can provide rewards and incentives to law enforcement, like discount coupons, to distribute to people who are paying attention to the road and not their phones. • Recognize your law enforcement agency's efforts to help protect citizens by enforcing distracted driving laws. .NHTSA www nhtM,-,0V Actions. Public Education For the public to endorse "Put It Down," it needs to understand the dangers and potential deadly consequences of distracted driving. One of the best ways to provide that information is through public education. To effectively educate people means using all the tools at the campaign's disposal —company newsletters, special events, media outreach and even one-on-one contacts between individuals. It's letting people know that when they decide to drive while distracted, they are not only a danger to themselves, but to everyone on the road around them. Creating an Environment for Change Public education can do more than just inform people of the dangers of distracted driving, it can also create an environment for change. By focusing on messages that work, public education can build increased understanding and support for local "Put It Down" partnerships and enforcement efforts. It's this dynamic combination of increased enforcement and public education that has proven effective in changing behavior. While public education may alter the attitudes of people who won't "Put It Down," it may not be enough to change their actions. When you combine public education with increased enforcement of laws prohibiting texting and talking on hand-held devices, people begin to get the message that this unsafe behavior will not be tolerated. put�clown Messages That Move the Public: It's Time to "Put It Down" When drivers engage in distracted driving behaviors, they are not only a danger to themselves, but to everyone else on the road around them. Drivers Simply Can't Do Two Things At Once. According to the Insurance Institute for Highway Safety, drivers who use hand-held devices while driving are four times as likely to get into crashes serious enough to injure themselves or others. Deadiy Behavior. In 2008 alone, nearly 6,000 people died and more than half -a -million injuries occurred simply because people were not paying attention to the road. People's conversations can wait. The chances of causing a crash that could ruin lives is just too great. Young. Drivers Are Especially At Risk. Young drivers are at risk of distracted driving —especially men and women under 20 years of age. Their lack of driving experience can contribute to critical misjudgments if they become distracted. Not surprisingly, they text more than any other age group and the numbers of young drivers who text are only increasing. • u Everyone Has a Role. We all have a stake in solving this problem, and we can all be a part of the solution. We must put our phones down; be a good example to our children, peers, and community; and insist that when riding with others they do the same. Set the Example and Educate Join the "Put It Down" partnership in your community. Simply "Put It Down." Don't engage in distracted behaviors while driving. Ask friends, family and co-workers to put their phones down while driving. • Prohibit driving -age teenagers from talking on a cell phone or texting while driving. Work with advocacy groups that work to ban hand-held cell phone use and texting. 7pC'7k'�'7k�' NHTSA vmw nhwa.gov • • February 2010 SAMPLE LAW TO PROHIBIT TEXTING WHILE DRIVING The purpose of this sample legislation is to provide a framework for state legislatures to use to prohibit texting while driving. While there are many sources of driver distraction, there is heightened concern regarding the risks of texting-while-driving. The act of composing, sending or reading text messages interrupts drivers' cognitive attention, causes vision to be directed away from the road, and compromises manual control of the vehicle. While evidence is accumulating on the effects of other sources of driver distraction, a number of states have enacted laws addressing cell phone use and/or texting while driving. Although laws alone will not fully resolve the problem, this sample language is offered as an important step in addressing the growing concern about driver distraction. In 2009, more than 135 billion text messages were sent or received in a one -month period in the U.S., an 80 percent increase over the rate in.2008. The U.S. Department of Transportation held a Distracted Driving Summit on September 30 - October 1, 2009 in Washington, D.C. to examine the full spectrum of distracted driving across transportation modes: passenger vehicles, large trucks, trains and transit. More than 250 leading traffic safety experts, safety advocates and government officials gathered to define the problem and discuss how best to address it. The summit generated broad agreement among public and private sector organizations and policymakers about the need for texting-while-driving laws. Public surveys also confirm widespread community support for texting bans. In further recognition of the serious risk posed by texting-while-driving and -to demonstrate Federal leadership, President Obama issued an Executive Order on October 1, 2009. 1 The Order prohibits Federal employees from texting while driving Government owned vehicles or privately owned vehicles while on official Government business or from texting-while-driving using wireless electronic devices supplied by the Government. By the end of2009, 19 states and the District of Columbia had enacted legislation banning texting-while-driving for all drivers, while a number of other states had laws covering specific types of drivers, such as novice drivers or school bus drivers. However, these laws vary in their design and scope. In 2009 alone, more than 200 driver distraction bills were considered and analysts expect that state legislatures will remain active in coming years as evidence accumulates and the call to take action on this issue becomes yet more urgent. Texting laws are relatively new and have not been thoroughly evaluated. However, considering the rapid emergence of the problem and the growing evidence showing the threat to the safety of all road users, safety advocates and state legislatures are compelled to move forward, basing texting legislation on the broad foundation of principles learned from seat belt laws, impaired driving statutes and similar legislative initiatives, while more specific scientific evidence is gathered. This sample law reflects current circumstances and state of knowledge, but may be 1 See www.archives.Qov/federal-register/executive-orders/2009-obama.htm_ 1 and click on Executive Order 13513 for more information. revised in the future to incorporate new research findings, address evolving technologies, or to harmonize with other legislation. In addition to enacting a texting-while-driving law, states may consider other steps to address the issue, including enhanced public awareness and law enforcement programs and improved police crash reports that document specific distractions involved in crashes. Since the prevalence of texting is particularly high among teens, legislatures may also choose to include specific consequences under their graduated drivers licensing law for texting violations by novice drivers, such as delayed full licensure. The following organizations participated in the development of this sample law: Advocates for Highway and Auto Safety, Alliance of Automobile Manufacturers, American Association of Motor Vehicle Administrators, American Association of State Highway and Transportation Officials, AAA, Centers for Disease Control and Prevention, CTIA- The Wireless Association, Governors Highway Safety Association, ITS America, International Association of Chiefs of Police, National Conference of State Legislatures, National Safety Council, The National Traffic Law Center of the National District Attorneys Association, Safe Kids USA, and the U.S. Department of Transportation. The sample law — either in its entirety or in its individual provisions - does not necessarily reflect the positions of any of the individual participating organizations. • n U SAMPLE TEXTING WHILE DRIVING LAW § 1 Short title This act may be cited as the [State] Ban on Texting While Driving Law § 2 Purpose The purpose of this subchapter is to: (1) Improve roadway safety for all vehicle operators, passengers, bicyclists, pedestrians, and other road users; (2) Prevent crashes related to the act of text messaging while driving a motor vehicle; (3) Reduce injuries, death, property damage, health care costs, health insurance and automobile insurance rates related to motor vehicle crashes; and (4) Authorize law enforcement officers to stop vehicles and issue citations to persons texting while driving as a standard offense. § 3 Application Except as provided in Section 4, this subchapter applies to all drivers during operation of a motor vehicle on the travel portion of public streets, roads and highways [Option: States may elect to cover only motor vehicles in motion]. This subchapter amends [insert state code] to make it unlawful to manually type or enter multiple letters, numbers, symbols or other text in a wireless communication device, or send or read data in the device, for the purpose of non -voice interpersonal communication, including texting, emailing and instant messaging.- § 4 Exemptions This subchapter does not apply to a driver who is: (1) A law enforcement, fire service, or emergency medical services professional performing official duties. (2) Reporting an emergency, or criminal or suspicious activity to law enforcement authorities. (3) Receiving messages related to the operation or navigation of a motor vehicle; safety - related information including emergency, traffic, or weather alerts; data used primarily by the motor vehicle; or radio. (4) Using a device or system for navigation purposes. (5) Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate a feature or function. § -5 Penalties A driver violating this subchapter shall be subject to a penalty of (1) For the 1st offense — traffic infraction or violation including a minimum fine of $75 and action against driving privileges. (2) For a subsequent offense — penalties should escalate in accordance with the State's motor vehicle and traffic laws. (3) For any offense that results in a death or serious injury —the infraction should increase to a felony (criminal offense) with penalties consistent with State sentencing guidelines. • • SAMPLE LETTER TO JOIN THE DISTRACTED DRIVING CAMPAIGN [DATE] Name Title Organization Address City, .State Zip code Dear Mr./Ms. Name, pUt�dOwfl How many times in the last week did you use your cell phone, eat a snack, change the radio station or do any other task while you were driving? For most of us, driving isn't our only focus when we're behind the wheel, and unfortunately these distractions are leading to fatalities that could otherwise be avoided. In 2009, almost 5,500 people died in crashes involving a distracted driver, and nearly 450,000 more were injured according to the National Highway Traffic Safety Administration (NHTSA). That's why NHTSA is focusing on ways to change the behavior of drivers through legislation, enforcement, public awareness and eddcation—the same activities that have curbed drinking and driving and have increased seat belt use. NHTSA's new campaign is simply called, "Put It Down." Its goal is to make drivers understand that any activity that takes their attention away from driving makes them not only a danger to themselves but everyone else around them, whether it be a hand-held cell phone, applying makeup, eating, etc. There are four simple key messages that this National campaign has been designed around to inform drivers of the dangers of driving while distracted: 9. Drivers simply can't do -two things at once .2. Everyone has a personal responsibility 3. Young drivers are especially at risk -4. Everyone is part of the solution Together, we can make a difference in [STATE] by bringing together community and health groups, safety advocates, legislators and other elected officials, law enforcement, business and concerned citizens to address this issue. We are [insert information hereabout the local campaign]. I would like to ask you to join us in this lifesaving effort as we ask [STATE] residents to "Put It Down" and concentrate on the road. [insert information here about what you would like them to do specifically —provide information to constituents, host events, write letters, act as a public partner, etc. ] You can find more information about the campaign at www.distraction.gov. I will follow up with you in the next few days to discuss this effort, and I hope you will join us in our efforts to get [STATE] to "Put It Down." Sincerely, Name Title State NTSA • • SUPPORTING LEGISLATIVE EFFORTS SAMPLE PRESS RELEASE FOR IMMEDIATE RELEASE: [Date] CONTACT: [Name, Phone Number, E-mail address] Note: Before filling in the names of the organization and organization spokesperson, you MUST contact them to obtain their permission to use their names in this press release. You must get their approval for the language of their quotations and any changes or additions they may require. Only after this is done can you send out the press release. INarne of Civic Group/Organization] Joins the "Put It Down" Campaign Announces_ Support -for Laws That Ban Hand-held Cell Phone Use and Texting to Save Lives And Make Roads Safer for Everyone [City, State] In an effort to make our roads safer and save lives, [Civic Group/Organization] announced today that they have joined the "Put It Down" campaign to stop distracted driving. ;[Group/Organization] has pledged their support to help spread the message that distracted drivers are not only a danger to themselves, but everyone else on the road around them. They also will encourage [State] legislators to [(Or in -the case where State has existing laws), strengthen existing laws -to let -residents -know [State] means business:] enact a law banning-texting and hand-held cell phone use. "We want to let people know we are serious about doing our part to stop this deadly behavior," said [Organization/Group Official, -Title]. "Too many people think that just being on a cell phone can't and won't contribute to causing a serious car crash, but these tragedies can and do happen all the -time." In 2009 alone, nearly 5,500 people were killed and almost 450,000 people were injured in crashes involving a distracted driver nationwide. Additionally, in 2009, 20 percent of injury crashes involved reports of distracted driving. While anything that takes your mind off the road or hands off the wheel is a hazard, there is heightened concern about the risks of texting while driving because-texting combines three types of distraction — visual, taking the eyes off the road; manual, taking the hands off the wheel; and cognitive, taking the mind off the road. "These sad statistics and facts reinforce the fact that strengthening and enforcing [or passing a new law (if State does not currently have cell phone or texting laws)] is a critical component to stopping distracted driving. It is time -for [STATE] to join the group of states that have already taken action," said [Group Official]. "We want to encourage the [STATE] Legislature to pass/strengthen _[INSERT TYPE OF LAW] that will help keep our family, friends and communities safe." [Official said]. "We cannot afford to allow this deadly behavior to continue." w • • [Group Official] reminded everyone that there is strength in numbers, so please consider doing your part to make a difference... join the "Put It Down" campaign today! For more information on the "Put It Down" campaign, to find out how you can get involved, or would like to know how to contact your local State Legislator, please visit [GROUP WEBSITE] or call [DESIGNATED PHONE NUMBER]. �k*7k�7E NHTSA -,vww.nhtmgov • • COMMUNITY DISTRACTED DRIVING SUPPORTING PARTNERSHIPS SAMPLE PRESS RELEASE FOR IMMEDIATE RELEASE: [Date] CONTACT: [Name, Phone Number, E-mail address] put�down Note: Before filling in the names of the organization and organization spokesperson, you MUST contact them to obtain their permission to use their names in this press release. You must get their approval -for the language of their quotations and any changes or additions they may require. Only after -this is done can you send out the press release. COMMUNITY AND OR PARTNER(S) joins the "Put It Down" Campaign to Educate Area Drivers About Distractions That -Cost Lives [City, .State] - With almost 5,500 lives lost and nearly 450,000 people injured from distracted drivers in2009 alone, communities across the nation are joining the "Put It Down" campaign designed to educate drivers about the dangers of distracted driving. Today, [COMMUNITY AND/OR PARTNERS] announced it/they has/have joined this movement in an effort to save lives by encouraging people to concentrate on the road. 'We all know that talking on our cell phones while driving is distracting, but that doesn't stop most people from continuing to do it," said ,[local spokesperson, title with organization]. "This effort is intended to educate our community about the dangers of cell phone use, along with many other common distractions while driving. We hope that once people see the statistics and realize the real danger involved, they will change their driving habits to help protect themselves, their families and others on the road." When it comes to cell phones, new statistics show the real dangers of distracted driving. According to a study from Carnegie Mellon driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent, and a report -from the National Safety Council reported that 28 percent of traffic crashes are caused by people talking on cell phones or sending text messages. Texting is of heightened concern because it combines three types of distraction — visual, taking the eyes off the road; manual, taking the hands off the wheel; and cognitive, taking the mind off the road. According to the Insurance Institute for Highway Safety, drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. While cell phones are a major focus of the distracted driving campaign, the National Highway Traffic Safety Administration (NHTSA) and [LOCAL ORGANIZATION] are also encouraging people not to do any other task while driving. "Distracted driving is any non -driving activity a person engages in that has the potential to distract him or her from the primary task of driving, which increases the risk of crashing," said [Spokesperson]. "With more portable technology now than ever, driver distractions have risen to unprecedented numbers, but cell phones aren't the only problem. -Drivers can be distracted by eating and drinking, grooming, tuning the radio or even talking to passengers, and we want people to realize that anything that takes their attention from the road is a potential hazard." The national distracted driving effort focuses on ways to change the behavior of drivers through legislation, enforcement, public awareness and education —the same activities that have curbed drunk driving and increased seat belt use. [COMMUNITY]'s campaign will [GIVE EXAMPLES HERE OF THE LOCAL CAMPAIGN AND WHAT IT WILL INCLUDE, AND INCLUDE ANY PARTNERS IN THE CAMPAIGN AND WHAT THEY WILL.DO]. "Every driver in [COMMUNITY] has a role in this effort," said [Spokesperson]. "However, we especially want to reach out to parents with teen drivers and younger drivers because we know that statistically, the under-20 age group had the highest proportion of distracted drivers involved in fatal crashes." [COMMUNITY]'s goal with this campaign is simple —save lives by getting driver's to "Put It Down" and concentrate on driving. "Distracted driving is a major initiative that we are undertaking across the country, and one that we believe will make our roads significantly safer," said U.S. Transportation Secretary Ray LaHood. "Decades of experience with drunk driving has taught us it takes a consistent combination of education, effective enforcement, a committed judiciary and collective efforts by local, state and national advocates to put a dent in the problem. Efforts like this one will help us put an end to distracted driving, and we encourage your support of this program to help save lives in your community." For more information about distracted driving, please visit www.distraction.gov, or you can contact [LOCAL CONTACT at PHONE/EMAIL]. NHTSA www.nhtsa.g" • E DISTRACTED DRIVING CONCERNED CITIZEN SAMPLE OP-ED [COMMUNITY] It's Time to "Put It Down" Did you know that "distracted driving" was the 2009 word of the year according to Webster's Dictionary? Unfortunately, this is not just another fad that comes and goes. Distracted driving has become a trend with deadly, real consequences. For anyone who thinks they can talk on their phone, text, apply make-up or do any other distracting activity while driving, it's time for a crash course in reality from the National Highway Traffic Safety Administration (NHTSA): In 2009, almost 5,500 people died in crashes involving a distracted driver, and nearly 450,000 were injured. (NHTSA) Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Insurance Institute for Highway Safety) • 20 percent of injury crashes in2009 involved reports of distracted driving. (NHTSA) • Younger, inexperienced drivers under 20 years old have the highest proportion of distraction -related fatal crashes. (NHTSA) While those numbers may sound like just statistics, they represent the actual faces of mothers, fathers, brothers, sisters, sons, daughters, aunts, uncles and friends right here in_[Community]. Just ask any law enforcement officer and they will tellyou the sad tales of deaths and injuries that may have been prevented had everyone been paying attention to the road instead of someone or something else. So, why do so many people participate in this dangerous behavior? With more technology now than ever, driver distractions have risen to unprecedented numbers. We live in a world where people expect instant, real-time information.24-hours-a-day and those desires do not stop just because they get behind the wheel. Drivers simply do not realize or seem to ignore the danger they create when they take their eyes off the road and their hands off the wheel, and focus on activities other than driving. People often say, "I can do two things at once. I've memorized where the numbers are on my phone, so I don't have to look" Or, "It's just up to your ear ... you have your sight, you're still watching the road." To the contrary, the people who choose to indulge in distracted driving behaviors are not only a danger to themselves, but to everyone on the road around them. For those who think they can do two things at once, think about this... According to a study by Carnegie Mellon, .driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. Can you really afford to lose that much brainpower? Driving is an activity that requires your full -attention and focus in order to keep yourself and others .safe. Yes, this is a national problem, but it also affects us in our own community... and no one is immune. So, remember, "Put It.Down"...your life is worth more than a conversation! NHTSA w%wnhua.gov u EMPLOYER MEMO TO EMPLOYEES REGARDING NEW DISTRACTED DRIVING POLICY Memorandum P To: All [Company Name] Employees From: [Company Official] Date: [Date] RE: New Policy Regarding Texting and Talking on Hand -Held Cell Phones The issue of distracted driving has received a great deal of attention from the media lately, highlighting the severity and consequences of texting and talking on a hand-held cell phone while driving. Did you know that according to the National Highway Traffic Safety Administration (NHTSA), in2009, nearly 5,500 people died in crashes involving a distracted driver, and almost 450,000 others were injured? Additionally, the Insurance Institute for Highway Safety reports that drivers who use hand- held devices are four times as likely to get into crashes serious enough to injure themselves. Those numbers are alarming and as portable technologies increase, the numbers will only continue to go up as well. As a member of the business community, members of [Local City/Region] look to us to be a strong community partner, take care of our employees and give back to the community. So, with the goal of your safety and the safety of everyone on the road, I would like to announce that beginning [XX 'Date] [Company Name] will no longer tolerate texting or talking on a hand-held .phone while operating a company vehicle or while using a company issued cell phone while operating a personal vehicle. We understand that there are calls that need to be made while on the road, but we are now asking if you have to make that call, please -pull safely over to the side of the road to do so. [Add Company consequences -for -failing to -follow policy] We strongly believe in doing our part to stop this deadly issue. We hope that by starting here in [Company Name], we will show the rest of the community we are serious about safety. It is our goal that if we lead through example, the practice of no texting or talking on hand-held cell phones while behind the wheel will spread to other businesses and throughout [Community]. So, I'm asking you to join with me and simply "Put 1t Down." No conversation is worth causing a serious crash, or worse...losing your life. If you have any questions about this new policy please don't hesitate to come talk to me. Thanks for your cooperation and attention to this important matter! NSA www.nhts&gov • • BUSINESS DISTRACTED DRIVING POLICY ANNOUNCEMENT SAMPLE NEWS RELEASE FOR IMMEDIATE RELEASE: [Date] CONTACT: [Name, Phone Number, E-mail address] put ��0l.PJil Note: Before filling in the names of the organization and organization spokesperson, you MUST contact them to obtain their permission to use their names in this press release. You must get their approval for the language of their quotations and any changes or additions they may require. Only after this is done can you send out the press release. [Local Business] .D©in¢g Its Part To Stop Distracted Driving New Anti -Cell Phone and Texting While Driving Policy Major Step in Keeping Community Safe [City, State] —[Company Name] announced today, that, effective [XX Date], all employees are banned from texting or talking on a hand-held cell phone while behind the wheel of a company vehicle or while using a company issued phone in their personal vehicle. "We have a responsibility to make sure every time one of our employees gets behind the wheel they put down their cell phones," said [Company Official]. "Putting away our cell phones is a critical part in making sure that not only are our employees safe, but those traveling around them are safe as well. We are proud to be a strong community partner and hope that other businesses in this community will join us -to help stop distracted driving." Distracted driving is a deadly problem that affects the entire nation and us right here in [XX Community], [Company Official] said. [She/He] explained that according to the National Highway Traffic Safety Administration (NHTSA), in 2009, almost 5,500 people died .in crashes involving a distracted driver, and nearly-450,000 others were injured. Additionally, the Insurance Institute for Highway Safety reports that drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. For more information on distracted driving, please visit, www.distraction.gov . NIM IL No 0 FmciTSA �vww nhtsa.gov put:dowr, [Company Name] Texting and Talking on Hand -Held Cell Phones While driving Policy Of increasing concern to [Company Name] are the dangers of distracted driving. Recent deadly crashes involving drivers distracted by talking and texting while driving highlight a growing danger on our roads. Numerous studies have demonstrated how the use of hand-held cell phones while driving pose a significant safety risk to motorists, their passengers and others on the road. In fact, according the National Highway Traffic Safety Administration (NHTSA), in 2008, nearly 6,000 people died in crashes involving a distracted driver. Therefore, [Company Name] will no longer tolerate texting or talking on a hand-held phone while operating a company vehicle or while using a company issued cell phone while operating a personal vehicle. This includes, but is not limited to, answering or making phone calls, engaging in phone conversations, reading or responding to a -mails and text messages. [Company Name] employees are required to: .• Turn cell phones off or put on silent or vibrate before starting the car. •o Pull over to a safe place if a call must be made or received while on the road. Consider modifying voice mail greeting to indicate that you are unavailable to answer calls or return messages while driving. Inform clients, associates and business partners of this policy as an explanation of why calls may not be retumed immediately. [Company Name] is concerned about the safety of its employees. It is our goal that if we lead by example, the practice of no texting or talking on hand-held cell phones while behind the wheel will spread -throughout the community. Violations of this policy will lead to [insert Company Consequences] Below is a Statement of Acknowledgement that says you have read and fully understand [Company Name] policy. Please sign it and return it to your supervisor. If you have any questions regarding this policy please contact your supervisor. I have received a written copy of the Council's Motor Vehicle Safety policy. I fully understand the terms of this policy and agree to abide by them. Employee Signature Employee Name (printed) Date r#jHTSA WMV nhtsa.gov • • LXHIBIT 2 My 1, 2011 Okeechobee Dodge Chrysler Jeep 4224 Hwy 441 S. Okeechobee, FI 34974 863-357-0500 2012 Dodge Charger Police Pkg. #1- V-6 $21,880.02 PER. UNIT Left side Spot Light /Full Size Spare/ Vinyl Rear Seat/ Rubber Floors Richard Hunter General Sales Manger JLroone `.%,Doc1cj* of Pembroke Pines Call Us . rrst , for all of your Fleet Automotive, & Light Truck needs. 13601 Pines Blvd. Pembroke Pines, Fl. 33027 I PHONE (954) 441-2034 1FAX (954) 441-2004 E-Mail schenry1@comcast.net QUICK QUOTE SHEET FOR VEHICLES FROM STATE CONTRACT & FLORIDA SHERIFF'S ASSOCIATION BID DATE 20-Oct-11 REQUESTING AGENCY: CONTACT PERSON: PHONE NUMBER: FAX NUMBER: CELL NUMBER: E-MAIL ADDRESS: PAGE City of Okeechobee Donald Hagan 863-763-5521 1 of 1 2011 State Bid #000-071-000-S http://www.myfloridamarketplace.com 2012 MODEL YEAR FSA BID #11-19-0907 http://www.ilsheriffs.org MODEL: 2012 DodgeChargerPolice SPECIFICATION # 1 DESCRIPTION BASE DISTRICT PRICE: $20,919.00 OPTION # DESCRIPTION COST Full Size Spare Inc Vinyl rear seat Inc left side spotlight Inc rubber floor Inc TOTAL OF OPTIONS: $0.00 EXTENDED WARRANTY: TOTAL COST: $20,919.00 I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes please feel free to contact me at any time, l will be happy to assist you. Comments: VEHICLE QUOTED BY: Steve Henry, Fleet Manager (954) 441-2034 Schenry 1 Cc1comcast. net Quote%20SheetFSA-Okeechobee, C ityof2Ol 2[ 1] • Lane From: Brian Whitehall <bwhitehall@cityofokeechobee.com> Sent: Tuesday, October 25, 2011 3:12 PM To: 'Robin Brock' Cc: johncook@cityofokeechobee.com; 'Lane' Subject: Carter Pritchet case Attachments: Carter Pritchett case Itr to Shearman 2011 10 24.docx Robin - I made a few minor corrections from the prev letter. Pls print on letterhead for me to sign. I've already emailed it to Bob and we've discussed it...no point in mailing it. I want to distrib the letter to the City Council and place it on the Agenda. John indicated we'll handle the matter in open session. I conferred w/ Bob, thinking I might contact the Mayor and ask if he wishes it was in closed session, but after a quick review he determined it isn't exempt under the Open Mtg laws, as the litigation was dismissed. Thanks Allc� U14A vcll Administrator City of Okeechobee (863) 763-3372 ext: 212 fax: (863) 763-1686 E-Mail: bwhitehall(cDcitvofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Rrinn Whifch-mil October 24, 2011 Robert Shearman, Esq. Henderson, Franklin, Starnes & Holt, P.A. 1751 Monroe St P O Box 280 Fort Meyers FL 33902-0280 RE: Carter -Pritchett Advertising v City Claim # 010523-27122-EO-01 Centennial Bldrs and Carter Pritchett Adv v City Claim # 010523-028222-EO-01 Dear Mr. Shearman, Thanks for your patience on the above cases and for advising as to the City's obligation to respond. Atty Cook's observation that Mr. Ramunni's clients were required to submit a permit for the proposed location(s) is accurate. And to date, the Building Dept. of the City has received no such permit application(s). Apparently, there is no application forthcoming and, according to your correspondence, the City is risking litigation as a consequence to waiting for same. I think some of the confusion may lie in the fact that Carter -Pritchett submitted permit applications prior to the Oct 19, 2010 City Council closed session for discussion purposes and, due to the City Council's contrary position, the permits were naturally never executed. In the spirit of cooperativeness and to move the matter forward may I suggest that we at least reiterate the City's position on the conceptual locations submitted by Mr. Ramunni. It appears to me, in reviewing the 1/12/10 Settlement Agreement, that there were basically two issues contemplated by the City Council as unresolved. My recollection is that both the SR 70 location and the length of time before the signs were deemed non -conforming caused the City Council indigestion. Mr. Ramunni was advised that the location immediately east of Taylor Creek wasn't palatable. It was suggested that they re-evaluate the location moving it further east. Also, as you know, the billboards would technically immediately be non, -conforming but the City Council agreed to waive non-conformance related issues until after a 10-year period. It's my understanding that Mr. Ramunni countered with not moving the SR 70 sign any further east and that his clients wanted a 20-year waiver on non-compliance issues. I don't want to over simplify our differences, but if this is essentially the status of things, Atty Cook and I could revisit the matter with the City Council at an upcoming meeting. Sincerely, Brian Whitehall, Administrator C: Atty John Cook 4-1 0 bx& glum C 4t t�vxV f !- I - I a )da P.O. Box 3648 • North Fart Myers, Florida 33918 Tel: 239.543.1110 Fax: 239.543.1765 Carter -Pritchett Advertising I N C O R P O R A T E D Al Comla�y September 17, 2010 City of Okeechobee Building and Zoning Dept. 55 SE 3rd Avenue Okeechobee, Florida 34974 Re: Property located Tax Folio # 2-15-37-35-OA00-00008.0000 To Whom It May Concern: This billboard permit application is a new location East of Taylor Creek on SR 70. Any trees that block the view of the sign from SR 70 East side of Taylor Creek will be removed and replaced with the same number of trees elsewhere on the owner's property. Sincerely, Richard H. Pritchett, III Enclosures TO SCHEDULE INSPECTIONS FLORIDA UNIFORM Power Co. Permit No. CALL INDEPENDENT FPL INSPECTIONS, LTD. AT PERMIT APPLICATION PE Tax Folio No./Parcel ID No, 1-800-422-5220 2— 1 5— 3 7— MUNICIPALITY: PROJECT LOCATION BulldlnAM—) 8 0 7 HWY 70 East COUNTY, Okeechobee PROJECT DESCRIPTIO Commercial X SFR Multi -Family Addition Alteration New OWNERS NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. Brow FEE SIMPLE TITLEHOLDER'S NAME, ADDRESS, CITY, STATE AND ZIP (IF DIFFERENT FROM OWNERI TELEPHONE NO. CONTRACTOR'S LIC.NO. TYPE NAME ADDRESS, CITY, STATE ANDZIP TELEPHONE/FAXNO. enema Centennial Builders Lee County., TnC_ Richard H-Pri PI Wn `.nb. Box 3648 N. Ft Myers. Florida 33918 239- 43-1110 Gas 239-633-8920 Elecatol WAC Pro AHajf-innal- * Any trees that Ri4I of Taylor Creek will be r i E-MAIL CONTACT: r ritchett carteroutdoor com ) PROJECT INFORMATION: AREA: 378 tELEC. SERVICE: 14VAC: WATER: REMARKS: , sqf owner s ) CODE IN EFFECT Conditioned S.F. PHASE G or EL WELL CONSTRUCTION TYPE Garage S.F SIZE SEWER MUN. NUMBER OF FLOORS Other S.F. AMPS. PRIV. LEGAL DESCRIPTION MML S.F. OH/UG MUN. GASJNATJPROPANE ZONING USE I EST.COST S1 0, 000 30 BONDING COMPANY NAME, ADDRES£ CITY. STATE AND ZIP TELEPHONE NO. n a ARCH JFNGWEER HAME,ADDREMOT4STATEANOZIP TELEPHONE NO. n a MO GELENDERS NAME, ADDRESS, CITY STATE AND ZIP TELEPHONE NO. a Application is hereby made to obtain a permit to do work and installations as indicated. I certify that no work or Installation has commenced prior to the Issuance of a building permit I understand that a separate permit must be secured (as applicable) for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS & AIR CONDITIONERS, etc The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permi4 failure to comply may result In suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit created no legal liability, express or Implied, of the Department, Municipality, Agency or Inspector. Have Permit/application number and address when requesting Inspections Call 1-800-422-5220. Give at least 24 hours notice on all inspections. OWNER'S AFFIDAVIT: I certify that all the foregoing Information is accurate and that all work will be done In compliance with all applicable laws regulating construction and zoning in this jurisdiction. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSU T WITH YO R OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. STATE OF FLORIDA COUNTY OF Lee (Signatu of Owner or Agent) Sworn to (or affirmed) and subscribed before me this _� day of, ,_�y by R ' h P (nameof ers makingsta nt) Personally Known XorPro atureofNo Public -State oFFlorida Type of Identification Produce na�� yNal r0taLIA C o1 n Sue AVO Zia .*S Y COPAMISSiON # EE (100943 EXPIRES AtI ust 13. �014 (P T eorStampCD I eof Notary Public BE STATE OF FLORIDA R-1rs COUNTY OF I've (Signature of Contractor) Sworn to (or affirmed) and subs had, re m b e ;�L ; IA,� ina of perso king state- ) Personally Known —X or Prod ' at i QPCIfMr'SiUN EE pppg EB At,. uet 13,2014 (SIg o otaryPu c-Star o cad j Type of identification Produced 4 Wery ' Type or Stamp Commissioned Name of NotaryPubl IC (Certificate of Competency Holder) Contractor's State Certification or Registration No. CB C 0 2 0 9 2 contractors Certification of Competency No. APPLICATION APPROVED BY Date Permit Officer White - Municipal Files Yellow - Applicants copy Pink - Clerk/Assessor m II zmber i the )roperty. ettIII tt, III Permit No. Parcel No. 2-15-37-35—OA-00008—0000 Notice of Commencement State of Florida, County of Okeechobee The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. (*Required fields to be completed) *Description of property, legal description of the property, and street address if available: 807 Hwy 70 East Okeechobee, FL *General description of improvement: Billboard Owner information: Browning TR & SK 1177 Acess Road Okeechobee, FL *Name(s): Richard H. Pritchett, III, Land Owner & Lease Owner *Address: P.O. Box 3648, N. Ft. Myers, FL 33918 *Interest in property: Land Owner/Lease owner Contractor information: Richard H. Pritchett, III *Contractor Name: Centennial Builders of Lee County, Inc *Contractor Address: P.O. Box 3648, N. Ft. Myers, FLorida 33918 Surety information: N/A Name: Address: Amount of Bond: * Please note: A copy of bond MUST be attached when recording. Lender information: Name: N / A Address: Persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes: Name: Richard H. Pritchett, III Address: P.O. Box 3648, N. Ft. Myers, FL 3391 8 In addition to himself, owner designates of to receive a copy of Lienor's notice as provided in Section 713.13(lxb), Florida Statutes. Expiration date of notice of commencement: (The expiration date ' one year from date of recording, unless a different date is specified.) &Ila Richard H. Pritchett, III *Signature of Owner: *Printed Name of Owner: Land Lease Owner THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS / ? DAY OF 2 , By Richard H. Pritchett, III WHO IS PERSONALLY KNOWN TO Mt OR WHO HAS PRODUCED personally known to me ASIDENTIF v?5 e' •. CAROLYN SUE AVOGLIA MY COMMISSION Y EE 000W ., EXPIRES: August 13, 2014 ty?` Bonded Thru Notary Public Underwriters *SIGNATUAE 09 NOTARY *NOTARY STAMP A certified copy of the recorded notice must be posted on the construction site. A certified copy must be submitted to the building department before first inspection. If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such a notice is void and of no further effect. Okeechobee County Property praiser -Map Printed on 9/16/2010 1 01 PM Page 1 of 1 OkeechobeeCounty Property 0 32 64 96 ft � Appraiser '.'d.C: Bol Sherman. CFA - Okeechobee, Plant a 8u376 -4422_ PARCEL: - Name: LandVal Site: BldgVal; Mail: ApprVal -+ Sales Info JustVal Assd ° Exmpt This information, CAMA Updated: 9/9/2010, was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. City of Okeechobee Planning and Development 55 SE 3rd Ave Okeechobee, Florida 34974 Re: Strap#/Parcel ID: 2-15-37-35-OA00-00008-0000 This letter authorizes Carter -Pritchett Advertising to apply for Off -Site permits and construct a billboard on the above described property, which I am the lawful owner and or agent. Sincerely,_,. as: Owner/AaefitYTitle of Person in Lawful Control STATE —OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this _ 'Z�--day of 2010,bY=k,"As. W�ph�2ow�;riq% who is (Personally known to me) (or who has produced) FL IP- c; e zc T G sS - Y34. - 3;Z - ) 7 4 -1, as identification (type of identification) and who (did/did not take an oath. Notary Public -----._ CAROLYNSUE AVOGLIA MY COMMISSION # DD 57437E: 13 I� 1 Ci �'.,• EXPIRES: August 13, 2010 Bonded Thru Notary Public undamnlen My Commission Expires: Seal "�>D 5 -7 4 3 7 o Serial Number/Title/Rank Vkeecriobee uounry rroperLy raiser - iviap rnniea on -)/ iz/zviv i D1 rivi rage 1 01 2- Okeechobee County Propefty A ppralsearr W.C. "Bill' Sherman, CF . -Okeechobee. Florida - o;6S 63--�422 PARCEL: 2-15-37-35-OA00-00008-0000 - MOBILE HOM (000200) UNPLATTED LANDS OF THE CITY BEG AT THE SW COR OF LOT 1 OF RIVER RUN RESORT RUN S 24 DEG 32 MIN 30 SEC W ALONG THE RAN LINE OF TAYLOR CREEK FOR A DIST OF 263.85 FT TO A PT ON THE N R/W LINE OF STATE RD 70 THENCE RUN N 89 DEG 54 MIN 34 S E ON THE N RM/ LINE OF STATE RD 70 DIST OF 79.29 FT TO A PT OF A CIRCULAR ARC TO THE LEFT, SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 47 DEG 14 MIN 49 SEC & A RADIUS OF 35 FT THENCE RUN ALONG CIRCULAR ARC OF SAID CURVE FOR A DIST OF 28.86 FT TO A PT OF A CIRCULAR ARC TO THE RIGHT SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 33 DEG 50 MIN 53 SEC & A RADIUS OF 65.11 FT THENCE RUN ALONG THE CIRCULAR OF OF SAID CURVE FOR A DIST OF 38.46 FT TO A PT OF TANGENCY RUN N 33 DEG 45 MIN 42 SEC E FOR A DIST OF 58.16 FT TO A PT OF A CIRCULAR ARC TO THE LEFT SAID CURVE HAVING FOR ITS ELEMENTS A CENTRAL ANGLE OF 08 DEG 39 MIN & A RADIUS OF 1030.36 FT THENCE RUN ALONG THE CIRCULAR ARC OF SAID CURVE FOR A DIST OF 149.46 FT THENCE RUN S 89 DEG 49 MIN 56 SEC W DIST OF 97.97 FT TO POB 15 37S 33E .4723 ACRES Name: BROWNING T R & SANDRA K LandVal $87,956.00 Site: 807 HWY 70 E, OKEECHOBEE BldgVal $24,998.00 0 0.1 0.2 0.3 mi P.O. Box 3648 • North Fort Myers, Florida 33918 Tel:239.543.1110 Fax: 239.543.1765 Carter -Pritchett Advertising I N C O R P O R A T E D Willa DIGIGtBS� /1Gdl/E�Zi4i/Z� Cem�a September 17, 2010 City of Okeechobee Building and Zoning Dept. 55 SE 3rd Avenue Okeechobee, Florida, 34974 Re: Property located at Folio # 3-15-37-35-0010-00580-0040 To Whom It May Concern: This billboard permit application replaces an existing billboard located 200' south of where this new location is. Prior to construction of new sign, the old sign will be removed. Sincerely, f _ Richard H. Pritchett, III Enclosures r1 i, TO SCHEDULE INSPECTIONS ORIDA UNIFORM Power Co. Permit No. CALL INDEPENDENT FPL Tax Folio No./Parcel ID No. INSPECTIONS, LTD. AT PERMIT APPLICATION PE 1-800-422-5220 3-15-37-35-0010-00580-00 MUNICIPALITY: PROJ.E U CAT1oi COUNTY: Okeechobee PROJECT DESCRip-no Commercial SFR Multi -Family Addition Alteration New OWNERS NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. FEE SIMPLE TITLEHOLDER'S NAME, ADDRESS, CITY, STATE AND ZIP I w. otrFEaENTFaoMowNml TELEPHONE NO. CONTRACTOR'S LIC. NO. TYPE NAME ADDRESS, CITY, STATE AND ZIP TELEPHONE / FAX NO. Ganual Centennial Builders Lee County., Tnr- Richard H_PritchL-_tt,__ PY':IJ. Box 3648 N. Ft Myers, Florida 18 239- 4 -1110 Gas Electrical HVAC E-MAILCONTACT: rpritchett@carteroutdoor.com PROJECT INFORMATION: AREA: 378 SCrftfiLEC. SERVICE: HVAC: WATER: REMARKS: CODE IN EFFECT Conditioned S.F. PHASE G or EL WELL CONSTRUCTION TYPE Garage S.F. SIZE SEWER MUN. NUMBER OF FLOORS Other S.F. AMPS. PRN. LEGAL DESCRIPTION OTAL S.F. OH/UG MUN. GAS/NAT/PIIOPANE ZONING USE ISTCOST IS1 0,000. DO RONDINGCOMPAN9 NAME,AOORE5S,Cm;STATEANO7IP TELEPHONE NO. n ARCH /ENGRtEER NAME,ADDRBS,CrrY,STMANDZIP TELEPHONEN4 n a MOR GELENDEW$ NAME, ADDRESS. Cm: STATEAND DP TELEPHONENO. n a Application Is hereby made to obtain a permit to do work and installations as indicated. I certify that no work or installation has commenced prior to the Issuance of a building permit. I understand that a separate permit must be secured (as applicable) for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS & AIR CONDITIONERS, etc. The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit, failure to comply may result in suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit created no legal liability, express or implied, of the Department, Municipality, Agency or Inspector. Have Permittapplication number and address when requesting inspections. Call 1-800-422-5220. Give at least 24 hours notice on all inspections. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done In compliance with all applicable laws regulating construction and zoning in this Jurisdiction. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE OR AN ATTORNEY BEFORE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CON LT WITH YOUR777 COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT STATE OF FLORIDA ,((►► COUNTY OF Lee (Signature of Owner or Agent) Sworn to (or affirmed) and subscr p �byRichard .•� P ,, .I ( of pe n along stet U �g OLYN SUE AVOGIJAPersonally XorProdu Known 6�MMISSIAN# EOOO R 3, 20 gn of Notary blic-State ofFloridaType of Identification Produced uRaI . 1 n Sue Avo lia eor5rampCammisslon d meofNotary Pub] iC STATE OF FLORIDA COUNTYOF Lbe (Signatu of ontractor) Sworn to (or affirmed) and su , ate, b E "M •; CAROLYN SUE AVO 3 A (n1phe of pers king stet nt) Personally Known X C r Pro fTc E FRES iagisi t3,2pt4 IS atureofNotary Pu ic-Stateo Florida Type of Identification Produce erwriteLs Type or Stamp Commissioned Name of Notary Public (Certificate of Competency Holder) Contractors State Certification or Registration No. CBC O 2 0 9 2 contractor's Certification of Competency No. APPLICATION APPROVED BY Date Permit Officer - White - Municipal Files Yellow -Applicant's copy Pink-Clerk/Assessor III .ettIII !tt, III Permit No. Parcel No. 3-15-37-35-0010-00580-0040 Notice of Commencement State of Florida, County of Okeechobee The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. (*Required fields to be completed) *Description of property, legal description of the property, and street address if available: 709 N, Parrott Ave. Okeechobee, FL *General description of improvement: Billboard Owner information: *Name(s): Gagbee, Inc. Land TPaGP Owner• Richard H. Pritchett, III *Address: 12575 Hwy 70 E, Okeechobee, FL 34972 *Interest in property: Land Lease -Owner & proposed structure owner Contractor information: *Contractor Name: Richard H. Pritchett, III Centennial Builders of Lee Co, Inc *Contractor Address: n n Box 3648, North Ft Myers, FL 33918 Surety information: N / A Name: Address: Amount of Bond: * Please note: A copy of bond MUST be attached when recording. Lender information: Name: N /A Address: Persons within the State of Florida designated by owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes: Name: Richard H. Pritchett, III Address:P.O. Box 3648 N. Ft. Myers, Florida 33918 In addition to himself, owner designates of to receive a copy ofLienor's notice as provided in Section 713.13(lXb), Florida Statutes. Expiration date of notice of commencement: (The expiration date is one year from date of recording, unless a different date is specified.) A0 Richard H_ Pritchett, III *Signature of Owner: *Printed Name of Owner: Land Lease Owner THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 7 t3f- DAY OF 20/D BY Richard H Pritchett, III WHO IS PERSONALLY KNOWN T6MV OR WHO HAS PRODUCED personally known to me AS IDENTIFICATION. ; Y'tiy� CAFKXYN SUE AVOGUA MY COMMISSION N EE 000943 EXPIRES: August 13, 2014 'r 8Mded Thru Notary Public Underff!W s *SIGNATURE NOTARY *NOT AROWN A certified copy of the recorded notice must be posted on the construction site. A certified copy must be submitted to the building department before first inspection. If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such a notice is void and of no further effect. City of Okeechobee Planning and Development 55 SE 3rd Ave Okeechobee, Florida 34974 Re: Strap#/Parcel ID: 3-15-37-35-0010-00580-0040 This letter authorizes Carter -Pritchett Advertising to apply for Off -Site permits and construct a billboard on the above described property, which I am the lawful owner and or agent. ntrol STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this / 7 `- day of 2010, by b G . 6- co-b � "A who is (Personally known to me) (or who has produced) as identification (type of identification) and who (did/did not take an oath. ct-4� Q-� Notary Public y1131a�v)o My Commission Expires: YNSUEAVOGLlA z MWISSION # DD 574370 j� „ -L S EXPIRES: August 13, 2010 1J $ `.1 J -To '� pf (� ' Bonded nru t\otary PLbjic Underwriters Serial Number/Title/Rank Okeechobee County Property raiser - Map Printed on 9/16/2010 1:WI PM Page 1 of 1 Okeechobee County Property Appraiser 1 «V.C. "Bili" Sherman. CFA - Okeechobee Flo, ida - 863-753r4' z' 7� PARCEL: -" Name: LandVal Site: BldgVal i f Mail: ApprVal Sales JustVal Info Assd Exmpt Taxable Thie r'AKAA i I - uaia wnu:n was compuea oy the Ukeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. 6ef4- ;o'he1)A httD:HokeechobeeDa.com/GIS/Print Man.a-,n?nihniihehhihnliocafnefnrnflrfrifafrihhleinohr, 0/1 1./7f11 n ' • • Okeechobee County Property * raiser - Map Printed on 4/21/2010 10:12 AM Page 1 of 1 r r' I Okeechobee County Property Apprajs�,,,-- PARCEL: 3 15-37 35-0010-00580-0040 -STORES/1 S (001100) CITY OF OKEECHOBEE LOTS 4 5 6 BLOCK 58 Name:GAGBEE INC LandVal $127,890.03 Site: 709 N PARROTT AVE, OKEECHOBEE BldgVal $22,936.00 Mail: 12575 HWY 70 E ApprVal $151,269.00 OKEECHOBEE, FL 34972 JustVal $151,269.00 Sales Assd $151,269.00 Info Exmpt $0.00 Taxable $151,269.00 0 140 MO 420 -Ft ' # a This information, CAMA Updated: 4/5/2010, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. httn://www.okeechobeena.com/GIS/Print Man.asn?nihoiihehhihnligcafe.efncnfkfdfefdhhle 4/71 /9.0 1 O 9 0 0,4- /101141. The Updates! from the City SS SE 3rd Av., Administrator's Desk Okeechobee, FL 34974 Cites Council meeting of Nov 1, 2011 • Carter Pritchett Advertising v. City billboard issue —I've attached a letter that I sent to Atty Bob Shearman which summarized some of the issues discussed in this case which originated with an erroneous building permit issued for a sign to be constructed in an inappropriately zoned area ... west of the Country Cooler, 701 NW Park St. The plaintiffs in the case indicated that they incurred costs associated w/ the revoked BP along with attempting to forge the construction of a sign at the approx same location. As part of a Jan 2010 mediation process an agreement was struck, pending Council approval, to allow a new billboard to be built on the east side of town. The placement of the sign and non -conforming duration issues were discussed by the City Council at an Oct 2010 meeting. Since that time the attorneys have discussed the matter and can't arrive at a mutually agreeable conclusion. Therefore, the matter is being placed on this agenda for discussion. I should also add that as part of the mediation and as we were time -constrained, the original suit was dismissed. Because of that, this discussion is no longer closed meeting eligible. Enclosed are partial Sep 2010 Bldg Permits. • Proposed park at SE 6th Av and SE 7th Street — the Comm members incl: Daryl Roehm, Steve Nelson, Jamie Gamiotea, James Causier, Pat Mullins, Toni Doyle, John Creasman, Phil Baughman and Frank DeCarlo. • Impact fees/consultant selection — As reported, the School Board initiated a moratorium and my understanding is that the County Commission will deliberate the matter again at its Oct 27th meeting. • Florida Public Utilities — has requested a 30-year franchise for construction and operation of a natural gas distribution facility. l need to do additional investigation on this prior to bringing it to the City Council and at that time; 1 intend to have a representative of FPU there. The only party I've spoken to since being approached is FPL and they are doing some investigation. • Main Street Christmas fest and parade — Parade is at 6:00pm, 12/10/11 • CDBG for housing repair grant —the City has rec'd 7or 8 applications that are being reviewed for deficiencies. We successfully went through an initial site review on Oct 26, where they examine handicapped access issues and finance procedures. - Nov/Dec expect Council approval of a list of applications in qualified rank order - Jan/Feb expect Council to approve the bids for the work and construction to commence. Note: the program will ignore the City's local vendor pref ordinance - The grant funded improvements are treated as a secondary lien on the property which reduces 1/7th ea yr over the following 7 yrs. - Again, City's goal w/ the $700k grant is to fund approx ten housing rehabilitation projects for low-income residents at an average cost of $59k. Page 1 11/1/11 Activity Rpt Cont'd — • Resolution on Agenda supporting a ban on texting/driving - This was an initiative we supported to the Legislative Delegation. The Treas Coast Council of Local Gov's are advocating. City Attorney/litigation issues: • Chamber eviction - There is no new court trial date set as of this date. The trial was delayed as a result of the bullet below: ➢ Rec'd a copy of an 815111 letter fr IRS to the appointed Judge, Robert Belanger, requesting a delay in the eviction proceedings until the IRS can have representation at the meeting. ➢ Have spoken to a cpl of IRS tax advocates, the latest gave his impression that if the IRS is unable to capture anything for the lease value they could foreclose on the property, but added that that scenario is highly unlikely... particularly after I explained the ownership issue. He expects that the IRS will simply release the property after liquidating the personal assets. He confirmed that if the eviction proceeds are successful the lease value would become worthless. Just an update, I sent a letter to the IRS seeking a status report on the personal property confiscation/sale but have heard nothing from the letter. City Clerk: • Marty Thomas has been hired to replace Jackie Dunham as part time asst in the Clerk's office. • Procedure in the event of an election tie -Recall that the Council's request was to investigate minimizing the number of days to hold a subsequent run-off Special Election. Finance: • Investment Policy Again, we plan to introduce the new GASB (Gov Acctg Standard bulletin) order #54 as explained by the City's auditors creating a new `reserves' categorization method that describes how the generally accepted accounting practices (GAAP) for local government `recommends' (not mandatory) we distinguish monies from restricted to committed to unrestricted. In conjunction w/ that, we are still reviewing formalizing the investment policy. Fire: Code Enforcement -The Royal Palm Beach nuisance ordinance creating a registration requirement for the mortgagee (lender) along w/ maintenance standards for those distressed properties was distributed and discussed some at the Sep 13 Code Enf meeting. Marvin Brantley, 1805 S Parrott Av - Attached find a letter from Atty Cook requesting Code compliance for the property. General Services: • Planning Board LDR proposed changes - The Oct 20th Planning Bd session contemplated the LDR changes (I sent to you with the last meeting activity report) that was previously discussed by the City Council. There were no substantive changes made by the PB. • Betty Clement's last day of employment is Oct 31 st Page 2 • • 11/1/11 Activity Rpt Cont'd — Police: • Squad car purchase on Agenda— The City budgeted the purchase of 16 squad cars this year. Essentially two of those will be retained for detective cars and 14 will be sold to other agencies next year. Next year the City will purchase 14 cars and will keep one more out of the program the following year. After that point, the City will be on a car rotation that only includes the patrol officers (13) and we will have accomplished the phase out of extremely low -mileage cars that we initiated. Re: the cars we are selling. Sale price — Crown Vics-$20,400, Chargers- $21,200, and one unequipped Crown Vic-$18,900. To the following: Desoto — 5 Chargers, 3 Crown Vics Temple Terrace — 6 Crown Vics Sebring — 2 Crown Vics Re: the cars we are buying. Due to the interest of our other agencies, the City is looking at purchasing all Dodge Chargers this year. The State bid price is $20,919, about $1055 cheaper than last year's model. Okeechobee Dodge Chrysler's bid is $21,880.02 (4.6% above the state bid) and w/ the City's local vendor preference, we are obliged to consider that bid at less than 5% above the lowest nonlocal bid. The quotes have been added as exhibits to the Agenda. • SLERS radio —According to info gathered at an instructional meeting last week, we are looking at a Jan/Feb startup date. Still expect the eventual cost of this system as follows: Fire Dept $25, 908 + an est $10, 000 for paging capability Police Dept $77, 724 Pub Wks $ 9,011 In addition, the City will be paying a significant annual fee for user and maintenance fees Public Works/Engineering: • City Engineer Oscar Bermudez retired on Oct 11. I've received interest from some locals in the position but have continued to work on a new job description. Am evaluating a part time position in light of the slowdown in the building dept, which this position works closely with. Am having DPWks do Engineer estimates on, for example, the sidewalk project. We are covering the Engineer's inspection duties for the time being along with Business License reviews, etc. • Flagler Park picnic tables and benches — the Boy Scouts have been power cleaning / scraping and the City is utilizing the old brush truck assisting. Home Depot is donating some paint for the project. • SW 21 Storm Storm sewer project funding.— I do not have a bid date ... the City's proposition of contributing up to $20k (arrived at 13%+ of the grant match) toward the project (est at $586k) was submitted to the County. • Sidewalk program 2011 — Lynch Paving started the project on 9/29 and is finishing same ... under budget. Page 3 11/1/11 Activity Rpt Cont'd — • Asphalt project - we have some areas that appear to be coming together that may necessitate a smaller asphalt project this year. Will keep you advised. • Sidewalk program 2012 - We have begun developing next year's project. If you have input on the matter pls advise. • Hurricane -resistant quarters at City garage facility. We are investigating the improvement and will present something to you in the near future. • SW 11 th Street dry retention area - nothing to report on this project (As part of a County 2008 hurricane disaster mitigation CDBG, at an estimated $20,000, the project calls for essentially excavating the R-O-Wand replaced with a dry retention area. Page 4 • City of Okeechobee Brian Whitehall Office of the City Administrator October 24, 2011 Robert Shearman, Esq. Henderson, Franklin, Starnes & Holt, P.A. 1751 Monroe Street P O Box 280 Fort Meyers, FL 33902-0280 RE: Carter -Pritchett Advertising v City Claim # 010523-27122-EO-01 Centennial Bldrs and Carter Pritchett Adv v City Claim # 010523-028222-EO-01 Dear Mr. Shearman, Thanks for your patience on the above cases and for advising as to the City's obligation to respond. Atty Cook's observation that Mr. Ramunni's clients were required to submit a permit for the proposed location(s) is accurate. And to date, the Building Dept. of the City has received no such permit application(s). Apparently, there is no application forthcoming and, according to your correspondence, the City is risking litigation as a consequence to waiting for same. I think some of the confusion may lie in the fact that Carter -Pritchett submitted permit applications prior to the Oct 19, 2010 City Council closed session for discussion purposes and, due to the City Council's contrary position, the permits were naturally never executed. In the spirit of cooperativeness and to move the matter forward may I suggest that we at least reiterate the City's position on the conceptual locations submitted by Mr. Ramunni. It appears to me, in reviewing the 1/12/10 Settlement Agreement, that there were basically two issues contemplated by the City Council as unresolved. My recollection is that both the SR 70 location and the length of time before the signs were deemed non -conforming caused the City Council indigestion. Mr. Ramunni was advised that the location immediately east of Taylor Creek wasn't palatable. It was suggested that they re-evaluate the location moving it further east. Also, as you know, the billboards would technically immediately be non -conforming but the City Council agreed to waive non-conformance related issues until after a 10-year period. It's my understanding that Mr. Ramunni countered with not moving the SR 70 sign any further east and that his clients wanted a 20-year waiver on non-compliance issues. I don't want to over simplify our differences, but if this is essentially the status of things, Atty Cook and I could revisit the matter with the City Council at an upcoming meeting. iteh Admin C: At* John Cook 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 • Y OF ' Ok� yt, 2�—°\moo • of 0 y keechobee Office of the City Clerk October 26, 2011 Marvin Brantley 1805 S. Parrott Av. Okeechobee, Fl. 34972 re: City of Okeechobee vs. Brantley 2004-CA-309 Dear Mr. Brantley: The City of Okeechobee, as required by the final judgment entered against you in the above styled case, places you on notice of certain violations of that final judgment which exist on your property at 1805 S. Parrott Avenue, and demands that these violations be remedied within ten (10) days of receipt of this letter. Specifically, paragraph 18 of the final judgment contains on going requirements to maintain the property in accordance with city codes, and the terms of the final judgment entered by the court. Although you satisfied monetary liens that were ordered by the court, the other obligations placed on you by that judgment continue. The current violations include 18(c), which prohibits the placement of any junk, machinery, mechanical or marine parts or pieces, or farm implements, or any other item along the entire westerly boundary of the property, from the fence, to the right of way of SR 15 (441 South). 55 S.E. Third Avenue • Okeechobee. Florida 34974-2903 • (863) 763-3372 • Fay;: (863) 763-1686 • Page 2 October 26, 2011 The clear intent of the judgment is, as you are well aware, that the entire frontage from the fence to 441 South be clear of any items, whether they be operational, for parts, for display, or for any reason. The front of the property is now again full of junk, pieces and parts in violation of the courts order. As the property was declared a public nuisance, if the property is not cleared within the ten days demanded, the next steps will be taken to return the matter to court for enforcement. Kindest Regards, John R. Cook JRC/klm cc: City Administrator • 0 Brian Whitehall Office of the City Administrator October 24, 2011 Boy Scouts of America Gulf Stream Council 8335 N. Military Trail Palm Beach Gardens, FL 33410 RE: Flagler Parks Attn: John Wilson Big Lake District Professional Dear Mr. Wilson: On behalf of the City Council, I would like to take this opportunity to thank the Boy Scouts for all the hard work and the time spent on our park benches in Flagler Parks. We are fortunate to have an organization such as the Boy Scouts that takes such an active interest in demonstrating our community pride. Congratulations on a job well done! Sincerely, Brian City I BW/rb 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 0 �is-�n b u,0aJ l' I l J,, City of Okeechobee ��" &u�� Brian Whitehall Office of the City Administrator October 21, 2011 Wanda Quiles Revenue Officer, SBSE Field Compliance INTERNAL REVENUE SERVICE 7410 S U.S. Hwy One, Room 203 Port St. Lucie, FL 34952 RE: Former Chamber Facilities and IRS Seizure Dear Ms. Quiles, I'm sending this inquiry at the direction of the Mayor and City Council. Back in April 2011, we met and discussed the disposition of the IRS lien and your agency's intention to seize the personal property of the Chamber. You advised at that time that it would probably be June 2011 when IRS would be accepting sealed bids for that property. As you know, of course, in July the IRS changed the locks on the facility as a matter of protecting your interests for the assets. To date nothing else has transpired, to the best of my knowledge. In the mean time, the City has continued to try to maintain the property by mowing and repairing the building as well as possible without the ability to enter it. I'm concerned that the interior of the facility just continues to deteriorate. We've received complaints of rodents entering the building and the roof appears compromised. The new Chamber has expressed concerns that when they eventually do gain access to the building, the repairs will be too expensive for them to handle. Hence, a building formerly used as a Chamber and Welcome Center to our community, at the City's main intersection, will continue to set there, potentially unoccupied for the foreseeable future, with the City continuing to incur costs to try to keep marginally repaired, all as a consequence of the delay in this process. Could you please advise as to what course of action the IRS is planning and render an updated timeline? Thanks, in advance, for your prompt response. Sincerely, Brian Admi C: Mayor and City Council Sherry McCorkle, Office of Congressman Tom Rooney 2300 Virginia Av. Fort Pierce, FL, 34982 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686