2009-03-17CITY OF OKEECHOBEE
MARCH 17, 2009 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
1. CALL TO ORDER - Mayor.
March 17, 2009, City Council Regular Meeting; 6:00 p.m.
II. OPENING CEREMONIES:
Invocatim given by Reverend Paul E. Jackson, Sr., International Prayer
Warriors for Christ; Pledge of Allegiance led by the Mayor.
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Ksk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamlotea
Deputy Clerk Melisa Eddings
Police Chief Denny Davis
Fire Chief Herb Smith
Pubic Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present a Twenty-five Year Service Award to Billy Douglas.
B. Proclaim the month of March 2009 as "American Red Cross
W rift A
PAGE 1 OF 8
Mayor lGrk called the March 17, 2009 Regular City Council Meeting to order at 6:00 p.m.
In the absence of Reverend Jackson, Council Member Watford offered the invocation;
The Pledge of Allegiance was led by Mayor IGrk.
City Clerk Gamiotea called the rot:
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Absent (due to illness)
Absent (out of town)
Mayor Kirk presented Mr. Wiliam 'Billy' L. Douglas with a Plaque and Longevity Service Award of $500.00 for his 25-
years of employment with the City of Okeechobee.
Mayor Kirk read the following proclamation in its entirety: "WHEREAS, for more than 90 years the American Red
Cross of Okeechobee has been providing relief for families during hurricanes, Hoods and tbaa. Red Cross
workers and volunteers are available 24 hours a day, 365 days a year to provide shelter, food water,
counseling and more to anyone who suddenly finds dWr world tuned upside down by a disaster; and
0
MARCH 17, 2009 - REGuLm MEU1NG - PAGE 2 of 8267
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
B. Proclaim the month of March 2009 as "American Red Cross (Continued from page 1) WHEREAS, the American Red Cross of Okeechobee has a distinguished history of
Monti►" continued. providing lifesaving services and programs to our community which includes first aid, CPft aids prevention
and watersafety, and WHEREAS, building on that tradition, we are focusing on partnerships, increasing safety
and disaster preparedness education and enhancing our response capabilities; and WHEREAS, as we move
forward with the important work of the American Red Cross and as we celebrate March 2009 as Red Cross
Month, we ask that you become partners in preparedness with your local area chapter. NOW THEREFORE,
1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby
proclaim the month of March 2009 as "American Red Cross Month." The proclamation was presented to Ms.
Debbie Riddle of the Okeechobee American Red Cross.
C. Proclaim the month of April 2009 as "Motorcycle Safety-
Mayor Kirk read the following proclamation in its entirety: "WHEREAS, motorcycles are increasingly used as a
Awareness Month."
regular means of transportation; and WHEREAS, the motorcycle is an energy -efficient vehicle that reduces
fuel consumption, traffic and parking congestion; and WHEREAS, the motorcycle is an important form of
transportation for commuting, touring and recreation; and WHEREAS, with motorcycle ownership in Florida
exceeding 750,000 registered motorcycles, the Governor of the State of Honda has traditionally named April
as "Motorcycle Safety Awareness Month;" and WHEREAS, states and motorcycle organizations across the
country will be conducting a variety of activities to promote the importance of motorist awareness and safely
sharing the road with motorcyclists, and WHEREAS, locally, ABATE -of Florida, Inc., is highly involved in
motorcycle safety through its Rider and Motorist Education Programs which includes the "Motorcycle Safety
Awareness Program" to educate the non -riding public how to safely share the road with motorcycles; and
- -
WHEREAS, ABATEofFlorida,Inc. promotes biendshipandsafetyamongailmotorcyclists. Using theirmottos
of "American Bikers Aiming Towards Education;" and WHEREAS, the City of Okeechobee wishes to join in
this public safety campaign in an effort to ensure the safety and well-being of its citizens. NOW THEREFORE,
1, James E. Kirk by virtue of the authority vested in me as Mayor of the City of Okeechobee, do hereby
proclaim the month of April 2009 as "Motorcycle Safety Awareness Month" and urge all -citizens to be more
aware of motorcycles on our roads and highways and for all motorcyclists to take advantage of motorcycle
safety programs throughout the year." No one was present to receive the proclamation, Clerk Gamiotea will mail
V. MINUTES -City Clerk.
the proclamation to the appropriate person.
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 March 3, 2009 City Council Regular Meeting.
March 3, 2009 City Council Regular Meeting; seconded by Council Member O'Connor. There was no discussion on
this item.
I
f
MARCH 17, 2009 - REGULAR MEETING - PAGE 3 OF 8
-+---- ---J-----------a---- ---------.7
continued.
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the February 2009 Warrant Register:
General Fund ................................ $377,268.95
Capital Improvements Projects - Vehicles Fund ....... $92,452.58
Public Facilities Improvement Fund ................ $50,058.07
Capital Improvements Projects Fund ............... $23,792.00
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
VIII. NEW BUSINESS.
A.1. a) Motion to rescind the motion from August 21, 2007 by Council
Members Markham and L. Williams to adopt proposed Ordinance
No. 994 and action taken on October 126, 2007 to postpone the
adoption of proposed Ordinance No. 994 indefinitely in order to
reconsider the proposed ordinance at this time - City Attorney.
b) Vote on motion.
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve the February 2009 Warrant Register, in the amounts: General Fund, three
I hundred seventy-seven thousand, two hundred sixty-eight dollars and ninety-five cents ($377,268.95); Capital
Improvements Projects - Vehicles Fund, ninety-two thousand, four hundred fifty-two dollars and fifty-eight cents
($92,452.58); Public Facilities Improvement Fund, fifty thousand, fifty-eight dollars and seven cents ($50,058.07); and
Capital Improvements Projects Fund, twenty-three thousand, seven hundred ninety-two dollars ($23,792.00);
seconded by Council Member Markham. There was no discussion on this item.
VOTE
KIRK -YEA- MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
There were none.
i
Council Member Watford moved to rescind the motion from August 21, 2007 by Council Members Markham and L.
Williams to adopt proposed Ordinance No. 994 and action taken on October 16, 2007 to postpone the adoption of
proposed Ordinance No. 994 indefinitely, in order to reconsider the proposed ordinance at this time; seconded by
Council Member Markham. There was no discussion on this motion.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
dl
MARCH 17, 2009 - REomm MEETING - PAGE 4 OF 8269
AGENDA COUNCIL ACTION - DISCUSSION - VOTE
VIII. NEW BUSINESS CONTINUED.
A. 2. a) Motion to read by title only and set April 7, 2009 as a final public Council Member Watford moved to read by title only, and set April 7, 2009 as a final public hearing date, for proposed
hearing date, for proposed Ordinance No. 994 regarding sign Ordinance No. 994 regarding sign regulations; seconded by Council Member Williams.
regulations - City Planning Consultant (Exhibit 1),
b) Vote on motion to read by title only and set public hearing date. VOTE
KIRK - YEA MARKHM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 994 by title only. Attorney Cook read proposed Ordinance No. 994 by tttle only as follows: "AN ORDINANCE OF THE CITY OF
OIKEEECHOBEE, FLOR/DA PROVIDING FORA COMPREHENSIVEAMENDMENTTO THELANDDEVELOPMENT
REGULATIONS, ORDINANCE NO.716; DIVISION 5 THEREOF, FROM SECTIONS 90-561 THROUGH W600;
PROVIDING FOR RESCISSION OF THESE SECTIONS IN THEIR ENTIRETY, PROVIDING FOR CREATION OF
DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM SIGN CRITERIA; PROVIDING FOR
REGULATION OF SIGNAGE AS PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF
PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED SIGNS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR SIGNS IN COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR
CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
3. a) Motion to approve the first reading of proposed Ordinance No. 994. 1 Council Member Markham moved to approve the first reading of proposed Ordinance No. 994, seconded by Council
Member Watford.
b) Discussion. City Planning Consultant Bill Brisson was present to answer the Council's questions. It was pointed out on Page 13,
paragraph (26) now reads off -premises signs can only be in Industrial Zoning Districts, other zoning districts may want
to be considered, as discussed at the workshop. At the workshop a consensus could not be reached regarding the
warding in paragraph 25 (page 13) pertaining signage on parked vehicles, this will still need to be determined by the
Council at the final Public Hearing.
c) Vote on motion. VOTE
KIRK - YEA MARKHAN! - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
270
MARCH 17, 2009 - REMM MEETING - PACE 5 OF 8
VIII. NEW BUSINESS CONTINUED.
B.1. a) Motion to read by title only, and set April 7, 2009 as a final public Council Member Watford moved to read by title only, and set April 7, 2009 as a final public hearing date for proposed
hearing date for proposed Ordinance No.1043 regarding an Ordinance No.1043 regarding an additional Homestead Exemption for persons sixty-five and older, seconded by
additional Homestead Exemption for persons sixty -fire and older - Council Member Williams.
City Attorney (Exhibit 2).
b) Vote on nation to read by title only and set final public hearing date. VOTE
Kmx - YEA MARKHAM - YEA O'CONNOR - YEA
INATFM - YEA WILLIAMS - YEA MOTM CARRIED.
c) City Attorney to read proposed Ordinance No.1043 by title only. Attorney Cook read proposed Ordinance No.1043 by title only as follows: 'AN ORDINANCE OF THE CITY OF
OKEECHOBEE; FLORIDA; PROVIDING AN ADDITIONAL HOMESTEAD EXEWWON FOR PERSONS 65 AND
OLDER AS AUTHORIZED BY SECTION 196.074 FLORIDA STATUTES; PROVIDING FOR SCOPE OF THE
EXEMPTION AND PROCEDURES FOR MAKING APPLICATION FOR THE ADDITIONAL EXEMPTION;
PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTWE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. ' Council Member Markham moved to approve the first reading of proposed Ordinance No.1043; seconded by Council
1043. Member Williams.
b) Discussion. Administrator Whitehall briefly noted that the Council discussed adopting an ordinance of this nature last year. Staff
has identified 80 to 90 households based on today's information, which equates to approximately a $11,000.00 to
$12,000.00 budget impact. it was also noted that in Section 5 and 9, the work 'appealed" needs to be replaced with
.repealed."
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA O'C(NNOR - YEA
WATFM - YEA Vk LIAMS - YEA MOTION CARRIED.
C. Consider the 2009 Strategic Plan presented by the Economic Mr. Mark Smith, presented a Strategic Plan from the Economic Restructuring Committee of Okeechobee Main Street
Restructuring Committee of Okeechobee Main Street - Mark Smith (OKMS). The committee began working on the plan, which was prepared for the County by Mr. William Fruth in
(Exhibit 3). January 2006. The idea is that once put in place, the plan will result in a proactive approach to help existing
businesses reach their full potential and attract new businesses to Okeechobee. The formation of the plan calls for
it to be under the direction of OKMS with the idea to break away from the entity within two to three years.
[I]
MARCH 17, 2009 - REGULAR MEETING - PAGE 6 of 8
271
Vill. NEW BUSINESS CONTINUED.
C. Consider the 2009 Strategic Plan presented by the Economic
Restructuring Committee of Okeechobee Main Street continued
1
The time line to implement the plan is, first, obtain government funding; second, obtain private funding; third, finalize
a brochure, web site budget and hire a full-time director. The final step will be to implement the marketing and
development activities. Mr. Smith and Mr. John Gurney of Workforce Solutions appeared before the Board of County
Commissioners to make the same presentation. The BOCC postponed their commitment of public funding until private
funding could be obtained. In the revised plan submitted by Mr. Smith to the Council, the private funding commitment
is noted. However, additional private businesses decided to wait until the public funding was committed first.
Mr. Smith went on to say that the full-time director to be hired will be a true professional, who is trained and
experienced in this field. The Council discussed the proposed $65,000.00 annual salary and that any future salary
increases needed to be tied to incentives, not already built-in. Mr. Smith responded, by 2010 that will be implemented.
However, at this time they need to show a broad support by all, so that anyone looking to apply would see the support
and the raw funding. There will be a Marketing Plan to assist the director so they can "hit the ground running."
Council Member Watford noted he was somewhat disappointed with the BOCC decision, and hopefully it will work itself
out. It was impressive to see the private support that they have been able to obtain in such a short amount of time.
It is also unbelievable that we (Okeechobee) do not have some type of economic development or structure. It takes
us out of the "game" since all the adjoining counties are out there, in the "game." He asked whether funding sources
that were used by the previous Okeechobee Development Authority were looked at? Mr. Smith answered, no.
However, they have recently learned that the Central Florida Regional Planning Council has funds available for this
type of program, a meeting is scheduled with them. There are also grant opportunities, both private and public, as well
as the "Federal Stimulus Money" could be funneled in this direction.
The Council discussed the request for a $15,000.00 budget commitment from the City. The fact that funds from the
County, comes from the same tax payers, therefore the City taxpayers are paying more than their fair share. Whether
it would be a one-time commitment, or continuing. Council Members O'Connor and Williams supported a one-time
commitment, as well as Mayor Kirk. Council Member Markham and Watford agreed that this was a most worthy
endeavor and badly needed. However, it was difficult to spend the money at this time. The idea of using profits from
the sale of lots in the City Commerce Center was briefly discussed. Administrator Whitehall noted that this is a mid-
year budget request and Council has been diligent about not approving such requests, but making them part of the
next budget process. He recommended the Council consider that on this request. The item is not budgeted, we do
not know when the funds would be needed. Perhaps the Committee could use the funding from the BOCC first, as
they approached them through the appropriate budget process. The funds could be appropriated for the 2009-2010
Fiscal Year, affording the City the same budget process approach. This way, the City can take a leadership approach,
and yet stipulate that the funds will not be available until October 1, 2009.
272
MARCH 17, 2009 - REci M MEETW - PAOE 7 OF 8
Laid ^ 'Mm
Vill. NEW BUSINESS CONTINUED.
C. Consider the 2009 Strategic Plan presented by the Economic
Council Member Watford moved to acorovg the fifteen tlmmnd dollars (JI&Q00-MI funddlir g r nest for the
OKMS Economic Restructuring Committee Plan: seconded by Council Member Manor.
Restructuring Committee of Okeechobee Main Street continued.
CouncH Member Markham askedwhetherthis will come back as a budget amendmentand from where? Mayor
Kirk responded. It will be ugto Staff to research and brine back to the Council.
VOTE
KRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
D. Motion to approve a Fire Medical Director Agreement between the
Council Member Watford moved to approve a one-year Agreement with J. Michael Adelberg, MD, FAEP for Fire
City of Okeechobee and J. Michael Adelberg, MD, FAEP- Chief
Medical Director services, in the amount of six hundred dollars per month ($600.00); seconded by Council Member
Smith (Exhibit 4).
Markham. The agreement also has an additional renewable one-year term upon mutual consent of both parties in
writing. This is an increase of $100 per month from last year's contract. Council noted to be sure a copy of the
Certificate of Insurance was on file, with the City added as an additional insured.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRID.
E. Motion to award a Ground Maintenance Bid to Quality Lawn Care in
Council Member Markham moved to award Ground Maintenance Bid No. PW 01-10-02-09 to Quality Lawn Care,
the amount of $17,199.00 annually - City Administrator (Exhibit 5).
Roberto Casas of Okeechobee, in the amount of seventeen thousand, one hundred ninety-nine dollars per year;
seconded by Council Member Watford. Council briefly discussed the insurance requirement amounts, that they
should be reviewed and may need to be increased the next time the matter Is bid out.
Bids were received on March 9, 2009 by the following additional companies:
JMC Landscaping Service $24,000.00 Big 0 Lawn Care $22,800.00
Nunez Lawn Care $21,300.00 Riverside Land Maintenance $23,500.00
Green Lawn Service $34,200.00 A Better Cut Landscaping $24,000.00
VOTE
_
KmK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WIWAMS - YEA MOTION CARRIED.
ji
El
MARCH 17, 2009 - REGULAR MEETING - PAGE 8 OF 8 273
E
ATTEST,
la4.Ga�i a, CHIC, CityClerk
NEW BUSINESS CONTINUED.
Motion to adopt proposed Resolution No. 09-07 regarding
withdrawal from the Public Risk Management of Florida (PRM) - City
Administrator (Exhibit 6).
IX. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any
decision made by the City Council with respect to any matter considered at this
meeting, he/she may need to insure that a verbatim record of the proceeding is
made, which record includes the testimony and evidence upon which the appeal is
to be based. City Clerk media are for the sole purpys� of backup for official records
of the Clerk / /J
!�z I
James E. Kirk, Mayor
Council Member Markham moved to adopt proposed Resolution No. 09-07 regarding withdrawal from the Public Risk
Management of Florida (PRM); seconded by Council Member Williams.
Attorney Cook read proposed Resolution No. 09-07 by title only as follows: "A RESOLUTION OF THE CITY OF
OKEECHOBEE, FLORIDA NOTIFYING PUBLIC RISK MANAGEMENT OF FLORIDA (PRAY OF THE CITY'S
INTENT TO WTHDRAW FROMPRM'S PROPERTYAND CASUALTYSELF /NSURANCE POOL; PROWDINGAN
EFFECTIVE DATE."
There was a brief discussion on this matter. According to the PRM contract, a one-year notice is required should you
want to receive quotes from other insurance companies and pull from PRM. This one-year notice is applicable to the
2010 contract year and premium, we have no idea what those premiums will be. However, we want to have the ability
to test the market due to the economic situation we are in. This does not mean we have to, just that we may. Several
communities do this every year, and may be something we want to do every year just in case, Council agreed.
VOTE
KIRK - YEA MA mm - YEA O'CONNOR - YEA
WATFORD - YEA WILUAMS - YEA MOTM CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 7:32 p.m. The next regular
scheduled meeting is April 7, 2009 at 6:00 p.m.
MASW5rAPERS
OKEECHOBEE NEWS
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Judy Kasten, who on oath says she 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 P,.; t +*1 c.e.._
in the matter of OF
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in
said newspaper in the issues of
►M o,' 13, -1- V 0 `1
t
Affiant further says that the said Okeechobee
News is a newspaper published at Okeechobee, in
said Okeechobee County, Florida, and that said I
newspaper has heretofore been published continu-
ously 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 further
says that she has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspaper.
S�vorAA and subscribed before me this
L�fday of t- An
Vary Public, State of Florid at Large
Jb
p4�`Y Janetta Thiboult
commission # DD505311
0 Expires January 10, 2010
4� of P" sawed Tfw Fam WWOM a. Mc eoa3l6•m19
qrn rff= norms
of
�yy E M COCO WM� n�iperdeN PUM
'D
mm�0, No persm A rod a recad� th
spry t �e eroirpe�ya vie batlrnr of VA
based. pIY Cbrtc meda ere used 1a 1Ae auk pWoae M
aaMe.Ardotxw w8h the maja s wM MubMee Act W
28626. paeans wt h MWAMneaan9 speda! accomm
ft . ehar+d ankre lane m M
pda p apaA�q A Ml-783 3372 x 21k i
7nd t 86b87701wuCe) a t-800�965
ft
or
CITY OF OKEECHOBEE M�Lje irae Cc�,
MARCH 17, 2009
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 1 of 3
• I. CALL TO ORDER- MAYOR: March 17, 2009, City Council Regular Meeting, 6:00 p.m.
11. OPENING CEREMONIES: Invocation given by Rev. Paul E. Jackson, Sr., International Prayer Warriors for Christ; -bCn-.k)U
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk v'
Council Member Lowry Markham ✓
Council Member Mike O'Connor ✓
Council Member Dowling R. Watford, Jr. ✓
Council Member Clayton Williams
City Administrator Brian Whitehall
• City Attorney John R. Cook ✓
City Clerk Lane Gamiotea
Deputy Clerk Melisa Eddings — Cc.hvSR,-A-t ,
Police Chief Denny Davis ✓
Fire Chief Herb Smith — Ck&.a/K-+
Public Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Present a Twenty -Five Year Service Award to Billy Douglas.
B. Proclaim the month of March 2009 as "American Red Cross Month."
C. Proclaim the month of April 2009 as "Motorcycle Safety Awareness Month."
MARCH 17, 2009 PAGE 2 of 3
V. MINUTES - City Clerk.
a� o� A. Motion to dispense with the reading and approve the Summary of Council Action for the March 3, 2009 City Council Regular Meeting. �D
g
VI. WARRANT REGISTER - City Administrator.
A. Motion to approve the February 2009 Warrant Register. �� I
• General Fund $377,268.95
Capital Project Vehicle Fund $ 92,452.58
Public Facility Fund $ 50,058.07
Capital Project Improvement Fund $ 23,792.00
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
VIII. NEW BUSINESS.
A.1.a) Motion to rescind the motion from August 21, 2007 by Council Members Markham and L. Williams to adopt proposed Ordinance No. 994 and action taken
on October 16, 2007 to postpone the adoption of proposed Ordinance No. 994 indefinitely in order to reconsider the proposed ordinance at this time - City
• Attorney. bLO I U&
b) Vote on motion. ( WV
2.a) Motion to read by title only and set April 7, 2009 as a final public hearing date for proposed Ordinance No. 994 regarding sign regulations -City Planning
Consultant (Exhibit 1). 'D(O [0,0
b) Vote on motion to read by title only and set final public hearing date. C-QO_'-�LPL'
c) City Attorney to read proposed Ordinance No. 994 by title only. (�
3.a) Motion to approve the reading of proposed Ordinance No. 994. LM- D- 11
MARCH 17, 2009 PAGE 3 of 3
VIII. NEW BUSINESS CONTINUED.
11
A.3.b) Discussion. c u,►&&�
c) Vote on motion.
B.1.a)
F.
Motion to read by title only and set April 7, 2009 as a final public hearing date for proposed Ordinance No. 1043 regarding an additional Homestead
Exemption for persons sixty-five and older- City Attorney (Exhibit 2).
b) Vote on motion to read by title only and set final public hearing date.
c) City Attorney to read proposed Ordinance No.1043 by title only. 96kt, -C,
2.a) Motion to approve the first reading of proposed Ordinance No.1043. LM I ljz
b) Discussion. `�1u►
c) Vote on motion. QDjL�-L-
Consider the 2009 Strategic Plan presented by the Economic Restructuring Committee of Okeechobee Main Street Mark Smith habit 3).
Motion to approve a Fire Medical Director Agreement between the City of Okeechobee and J. Michael Adelberg, MD, FAEP - Chief Smith (Exhibit 4).
Motion to award a Ground Maintenance Bid to Quality Lawn Care in the amount of $17,199.00 annually - City Administrator (Exhibit 5). LAt��t-)
Motion to adopt proposed Resolution No. 09-07 regarding withdrawal from the Public Risk Management of Florida (PRM) - City Administrator (Exhibit 6).
K ADJOURN MEETING.
PLEASE TAKE NOTICE AND BE ADVISED that N any person deelres to appeal any decision made by the Cky Coundl with respect to any matter considered at this proceeding, such Intereated
person will need a record of the proceeding, and br such purpose may need to ensure a varbadm record of the proceedlalM whk:h record Includes the teadmony and evidence upon whkh
the appeal Is to be based. Cky Clark media are for the sole purpose of backup for offidal records of the Clerk
�.
��g� ���,
c
�`c�rr
V C
I CITY OF OKEECHOBEE
PAY TYPE
REG
OT
HOLDY
OT S&V
Merit/Bo u
Cell Rei b
SCK LV
L/S IN
COMMENTS:
DEPT
WILLI
HOURS
0.(
0.(
0.(
0.(
0.(
0.(
0.(
0.(
•
AM DOUGLAS
RATE
CURRENT
17.370
0.00
26.056
0.00
17.370
0.00
26.056
0.00
17.370
0.00
17.370
0.00
17.370
0.00
17.370
500.00
YTD
8,789.56
781.66
277.94
2,501.39
957.47
100.00
416.90
500.00
•
DED TYPE
WTH
FICA B
FICA A
AFLACY
RET-P/F
-1/ff (0
Jdj
18602
3-17-09
CURRENT
YTD
39.23
1,709.12
7.25
207.08
31.00
885.43
0.00
43.90
0.00
460.31
ow zlomt A;_951' Ylew
,�P-vev&eW� OXv"d - �500. 00
CURRENT YTD
TAXES
CURRENT
YTD
ACCRUED LEAVE HOURS
FICA
38.25
1,092.51
VACATION
EARNINGS 500.00 14,324.92
FED W/H
39.23
1.709.12
0.00
PERSONAL / SICK
DEDUCTIONS 0.00 504.21
NET PAY
422.52
11,019.08
-364.00
oKEE�
O, �"
SunTrust Bank
63-215
018602
City of Okeechobee
-.y
��
Okeechobee Office
~'
631
55 SE 3rd Avenue V
1"
m
815 South Parrott Avenue
18602
Okeechobee, FL 34974
:;�- ?
Okeechobee, FL 34974
DATE
AMOUNT
�-.
OR1Do'
MAR 17,2009
$422.52
PAY *** Four Hundred Twenty Two and 52/100 Dollars ***
TO THE
ORDER
OF: WILLIAM DOUGLAS
II'0 L860 211' 1:06 3 LO 2 L 5 21:089 30009 30 3 LBII'
�. -ce of tye Mayor
�
o O eec ee Fior cba � 1
E?EAS, for more than 90 years the American Red Cross of Okeechobee hc7
prowling relief for families during hurricanes, floods and fires Red Cross �.
and volunteers are available 24 hours a day, 365 days a year to pro vide shelter,i
water, counseling and more to anyone who suddenly finds their world turned ut
down by a disaster, and
LVHEREAS; the American Red Cross of Okeechobee has a distinguished history of provrdi
lifesaving services and programs to our community which includes first aid CPR; aids
prevention and water safety, and
`WHEREAT S,:btii/ding on that tradition, we are focusing on partnerships, increasing safetyand
disaster preparedness education and enhancing our response capabilities, • and
WHEREAS, as we move forward with the important work of the American Red Crass and as
we celebrate March 2009 as Red Cross Month, we ask that you become pois? ers in• r�
"^ = preparedness with your local area chapter.'
WOW THEREFORE, I, Tames E. Kirk, by virtue of the authority vested in me os Mayor of
the 'City of Okeechobee, Florida, do hereby proclaim the month of March 2009 as
i, "American Red Cross Month.
In witness whereof I have hereunto set my,-,--,
_
hand and caused this sea/ to be affixed ra
James E. Kirk, Magid
t'
A ttest: 'O U
Lane 6amiotea, CAC, Ci tT
Date: MaT
/ N1 Page I of I
From: Debbie Riddle • �/�
Date; 3/4/2009 2:30:38 PM 61
To: Melisa Eddinq_ s
Cr: Julie Shook
Subject: MARCH IS RED CROSS MONTH!!
Hi Melisa!
Attached is our Proclamation for "March is Red Cross Month". Please let me know what day / time the next Council
Meeting will be held and what time we should arrive.
Thank you so much!!
Debbie Riddle
Manager, Branch Operations
American Red Cross
Okeechobee County
323 N. Parrott Avenue
Okeechobee, FL 34972
riddled @redcross-pbc.org
(863)763-2488
(863)763-0619 Fax
March Is Red Cross
Month
American
Red Cross
Greater Palm Beach
Area Chapter
3/17/2009
- Ar
Office of the Mayor
C X6c4rho&e, AWdlz
aay
�IEREAS, motorcycles are increasingly used as a regular means of transportation; and 4
WHEREAS, the motorcycle is an energy -efficient efficient vehicle that reduces fuel consumption, traffic and parkin
cy gi'- P P
congestion; and
WHEREAS, the motorcycle is an important form of transportation for commuting, touring and recreation; and
WHEREAS, with motorcycle ownership in Florida exceeding 7S0,000 registered motorcycles, the Governor of the
n State of Florida has traditionally named April as "Motorcycle Safety Awareness Month;" and
WHEREAS, states and motorcycle organizations across the country will be conducting a variety of activities to
promote the importance of motorist awareness and safely sharing the road with motorcyclists; and
WHEREAS, locally, ABATE of Florida, Inc., is highly involved in motorcycle safety through its Rider and Motorist
Education Programs which includes the "Motorcycle Safety Awareness Program" to educate the non -riding
public how to safely share the road with motorcycles, and
WHEREAS, ABATE of Florida, Inc. promotes friendship and safety among all motorcyclists. Using their mottos of
"American Bikers Aiming Towards Education," and
WHEREAS, the City of Okeechobee wishes to join in this public safety campaign in an effort to ensure the safety and
well-being of its citizens.
NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee,
do hereby proclaim the month ofApril 2009 as "MotorcycleSafet,y wareness Month "and urge all citizens
to be more aware of motorcycles on our roads and highways and for all motorcyclists to take advantage,of
motorcycle safety programs throughout the year.
in witness whereofl have hereunto set no,.
hand and caused this seal to be affrxed;- .
Tarn es E. Kirk. Mavo ''' �
From: robin Brock
Date: 3/16/2009 1:35:59 PM
To: Melisa Eddings
Subject: motorcycle proclamation
Melisa, attached is the motorcycle proclamation. The contact info is as follows:
Gail Heinbockel
ABATE of Florida, Inc.
State Regional Safety Director/Southeast Region
Secretary/Treasure Coast Chapter
772-589-4498
Do you need for me to print it?
1
NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure.
?q9 Voeelle, lqw.
F-�- 3a9Sk
M
3/17/200(
.r
0 MAC 17 AifNBA &NIVIT N0.
LARUE PLANNING & MANAGEMENT SERVICES, Inc.
1375 Jackson Street, Suite 206
Fort Myers, Florida 33901-2845
239-334-3366 - FAX: 239-334-6384
MEMORANDUM
DATE: February 23, 2009
TO: Mayor and City Council
FROM: Bill Brisson
RE: Proposed sign regulations (Ord. No. 994) revised per meeting of 2-19-09
Attached is a copy of Ord. 994 modified to reflect comments and direction received during the
joint meeting of the City Council and Planning Board on February 19, 2009 new ro sed
language is underlined and text to be deleted is in sweet format. Text that is
indicates a change that was made based on input during the meeting February 19 meeting. All
other changes are identified in standard black underline or strikeout format.
1. Page�6: the reference to signs attached to or held by a person was eliminated.
2. Page, item 0), 1: inserting language referring to City owned sidewalks and limiting
temporary portable signs only to the CBD District.
3. Page 9, Item 5: modified section such that window signs do not count as part of the
allowable sign area for building signs.
4. Page 9, item (2),(a): increased to two the number of real estate advertising signs allowed
per premises.
lJ" Page 13, item (26): Modified the section to prohibit off premises signs in all but the
Industrial Zoning District.
6. Page 14, item (2),(b): changed test to limit portable signs, wind signs, etc. to display not
more than twice per year with no period of display longer than 14 days.
7. Page 15, item (e): inserting language referring to City owned sidewalks and limiting
temporary portable signs only to the CBD District as was done for item 0), 1 on page 7,
previous.
8. Page 18, Sec. 90-575: Deleted the entire section pertaining to a Unified Sign Plan.
0
ORDINIRCE NO. 994 (Rev. draft 2-Z3-09)
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING
FOR A COMPREHENSIVE AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS, ORDINANCE NO. 716; DIVISION 5 THEREOF, FROM
SECTIONS 90-561 THROUGH 90-600; PROVIDING FOR RESCISSION OF
THESE SECTIONS IN THEIR ENTIRETY; PROVIDING FOR CREATION OF
DIVISION 5 SIGN ORDINANCE; PROVIDING FOR ENACTING A UNIFORM
SIGN CRITERIA; PROVIDING FOR REGULATION OF SIGNAGE AS
PROVIDED HEREIN; SETTING FORTH DEFINITIONS; REQUIREMENT OF
PERMIT AND MAINTENANCE; PROVIDING FOR EXEMPT AND PROHIBITED
SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SIGNS IN
COMMERCIAL AND RESIDENTIAL AREAS; PROVIDING FOR CONFLICTS
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the
regulation of signs within the City, to provide to the public a uniform sign regula-
tion that preserves the aesthetics within the City and protects the health, welfare
and safety of its citizens; and adequately displays commercial message; and
WHEREAS, the existing sign ordinance does not present a comprehensive regulation of
signage within the City, and due to the evolution of sign regulations since the
enacting of the original ordinance, by virtue of litigation and enactment of more
comprehensive and innovative ordinances by other municipalities, it is necessary
to totally redraft such regulations for the City of Okeechobee; and
WHEREAS it is appropriate to set forth the purpose and intent of the ordinance within
the Land Development Regulations to illustrate the basis and reasoning for
enactment of such regulations.
NOW, THEREFORE, be it ordained by the City Council of 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:
Section 1. That the City Council for the City of Okeechobee, Florida enacts
herein Article IV, Supplementary District Regulations, Division 5, as follows:
DIVISION 5. SIGNS.
Section. 90-561. Purpose and intent
It is widely recognized that the City of Okeechobee is a predominantly rural
community, with reputation as an area comprised of agricultural uses, along with
residential and light commercial activities. The City has traditionally permitted
Page 1 of 27
advertisement within the City, appropriate to the use or purpose, while attempting
to preserve and maintain the natural look and character of the City as a quiet and
visitor -friendly community for those wishing to enjoy the atmosphere of a small
town.
The City Council recognizes that there are various persons and entities that have
an interest in communicating with the public through the use of signs that serve
to identify businesses and services, residences and neighborhoods, and also to
provide for expression of opinion. The Council is also responsible for furthering
the City's obligation to its residents and visitors to maintain a safe and aestheti-
cally pleasing environment where signs do not create excessive visual clutter and
distraction or hazards for pedestrian and vehicles; where signs do not adversely
impact the predominantly residential character of the City, and where signs do
not conflict with the natural and scenic qualities of the City. It is the intent of the
City Council that the regulations contained in this article shall provide uniform
sign criteria, which regulate the size, height, number and placement of signs in a
manner that is compatible to the residential scale and character of the City, and
which shall place the fewest possible restrictions on personal liberties, property
rights, free commerce, and the free exercise of Constitutional rights, while
achieving the City's goal of creating a safe, healthy, attractive and aesthetically
pleasing environment that does not contain excessive clutter or visual distraction
from right-of-ways and adjacent properties; the surrounding natural rural environ-
ment and residential neighborhoods.
Section. 90-562. Compliance with division provisions.
Except as provided or otherwise prohibited in this division, every sign erected on
land, attached to a building, wall, fence, pole, tree, or surface, that is constructed,
moved, replaced or substantially altered, shall comply with the regulations of this
division. Routine maintenance, repainting or permissible changing of copy or
content shall not be considered a substantial alteration.
Section. 90-563. Permit and plan required.
(1) Except as otherwise provided in this division, no sign shall be erected,
operated, used, maintained, enlarged, illuminated or substantially altered
until a permit has been issued.
(2) A separate application for a permit shall be made for each separate
advertising sign or advertising structure, except for customary window dis-
plays, official public notices and court markers required by Federal, State
or local regulation; also excepting newspapers, leaflets and books
intended for individual distribution to members of the public; attire that is
being worn, badges and similar personal gear.
(3) The application permit shall describe in words and picture form the size,
shape and nature of the proposed sign or advertising structure, and its
Page 2 of 27
0
actual or proposed locations with sufficient accuracy to ensure its proper
identification.
(4) The application for a permit shall be signed by the applicant or his author-
ized agent, and by the property owner, if different from the applicant.
(5) For multiple occupancy commercial buildings, individual occupants,
owners or tenants may apply for a sign permit, but they shall be issued in
the name of the lot owner or agent, rather than in the name of the
individual occupants. The lot/building owner or their agent shall be solely
responsible for allocating allowable sign area and location to individual
occupants, owners or tenants, and not the City, subject to these
regulations.
Section.90-564. Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicated a different meaning. Refer to Figure 1 for illustrative examples of
various types of signs.
Animated Sign means any sign or part of a sign, including the advertising mes-
sage, which changes physical position by means of movement.
Automatic changeable message devise means any sign, which through a mech-
anical, electrical, solar or other source of power is capable of delivering mes-
sages which rotate, or appear to rotate, change or move at any time and in any
way, including tri-vision or multi prism sign faces.
Banner. A sian having letters. illustrations or ornamentations applied to paper or
fabric of anv kind, with only such material for a backing. A flag is not a banner.
Billboard means any type of an off -premises sign
fFeestanding-signs where the top of the sign is in excess of 30 20 feet above the
ground, and or which is -U4 more than 50 square feet OF FROM in total sign face
area. or which is for other than directional purposes onlv."
Building sign means a type of permanent sign displayed upon or attached to any
part of the exterior of the building, including walls, windows, doors, parapets,
marquees, and roof slopes of 45 degrees or steeper.
Clear visibility triangle means on a comer lot, the triangle of land formed by a
straight line connecting two points located on, and 35 feet from, the intersection
of the two street property lines.
Page 3 of 27
Facade means that area of a building within a two-dimensional geometric figure
coinciding with the outer edges of the walls, windows, doors, parapets,
marquees, and roof slopes greater than 45 degrees of a building which is owned
by or under lease to a single occupant.
Flaq. A siqn made of a piece of cloth or other material of individual size, color
and design. used as a svmbol, sianal or emblem, or to convey a message. Flags
are distinct by the wav that thev are displaved. Flags are secured on one (1)
side, usualiv on a flan pole, and usually at two (2) points leavina the remainder of
the cloth or material hanainq limoly or drooping. A flaa that is secured to a flaq
Dole or other obiect, livina or nonlivinq, that is at an angle of less than 65 degrees
or more than 115 degrees as measured from the horizontal, or is otherwise
displaved so that it does not droop, shall be considered a banner. A flaq that is
qreater than fifteen 0 5) square feet shall be considered a banner.
Freestanding sign means any sign, which is incorporated into or supported by
structures or supports in or upon the ground, independent of support from any
building. Freestanding sign includes pole sign, pylon sign, ground sign or monu-
ment sign or "sandwich sign."
Geometric shape means any of the following geometric shapes used to
determine sign area: square, rectangle, parallelogram, triangle, circle or
semicircle.
Ground sign means a freestandinq sign, other than a pole sign, supported by the
ground. or by uprights or braces placed on or in the around, and wholly indepen-
dent of anv buildinq for support.
Home occupation means a business, profession, or trade conducted within a
dwelling for financial gain by an occupant of the dwelling.
Illuminated sign means any sign which contains a source of light or which is
designed or arranged to reflect light from an artificial source including indirect
lighting, neon, incandescent lights, backlighting, and also shall include signs with
reflector that depend upon motor vehicle headlights for an image.
Monument sign means a around Sian in which the entire bottom of the Sian is in
contact with the around.
Mural means a painted art form devoid of commercial messaqes painted on walls
or similar building areas.
Occupant means any single commercial use (any use other than residential).
Page 4 of 27
Off -premises sign means a freestanding permanent sign that is located at a site
other than ep-lesatien that on which the principal basiAess use is located.- hirh
zeeyeft�
Permanent, sign means any sign, which is designed, constructed, and intended
for more than short term use, including freestanding signs and building signs.
Pole sivn means a sign mounted on a freestandina pole or other support so that
the bottom edae of the sign face is six feet or more above arade.
Portable sivn means anv sign not permanentiv attached to the around or other
permanent structure. or a sign designed to be transported, including, but not
necessarily limited to sians on wheels and on trailers, and sandwich board signs.
It does not. however. include vehicle sians.
Roof line means a horizontal line intersecting the highest point or points of a roof.
Roof sign means a sign placed above the roof line of a building or on or against a
roof slope of less than 45 degrees.
Sign means any identification, description, illustration or devise illuminated or
non -illuminated which is visible from any outdoor place or location, open to the
public and which directs attention to a product, service, place, activity, person,
institution, or business thereof, including any permanently installed or situated
merchandise, or any emblem, painting, banner, pennant, placard, designed to
advertise, identify, or convey information with the exception of customary window
displays, official public notices and court markers required by Federal, State or
local regulations; also excepting newspapers, leaflets and books intended for
individual distribution to members of the public, attire that is being wom, badges,
and similar personal gear. Sign shall also include all outdoor advertising displays
as described within Section 31081.1 Florida Building Code, and all signs shall
conform to the requirements of Section 3108 of the Florida Building Code. The
term shall exclude architectural features or part not intended to communicate
information.
Sign area means the area within the smallest regular geometric shape which
contains the entire sign copy, but not including any supporting framework, braces
or supports.
Sign copy means the linguistic or graphic content, including trim and borders, of
a sign.
Sign face means the part of the sign that is or may be used to display sign copy.
Page 5 of 27
Sign- height means the vertical distance from the finished grade at the base of the
supporting structure to the top of the sign, or its frame or supporting structure,
whichever is higher.
Sign structure means any construction used or designed to support a sign.
Snipe sign means any sign. except temporary political campaign signs, of any
material, including paper, plastic, cardboard, wood or metal when tacked, nailed
or fastened in any way to trees, poles, stakes, fences, the ground, or other
objects where such sign may not be applicable to the present use of the property
upon which such sign is located.
Temporary sign means any sign which is designed, constructed and intended to
be used on a short-term basis. A permanent sign with periodic changes to the
message shall not be considered a temporary sign.
Vehicle sign means any sign affixed to ,
er wagen, tFailers a vehicle or trailer.
Wind sign means any devise, inGluding but Rot limited te, GA8 OF FAeFe bannem,
, ,
ch a manReF as tG Fneve, shimmeF,
wind. cloth or plastic or other flexible
liaht material made in strips, trianales or other shapes which are fastened
together at intervals by wire, rope, cord, strinq or other means, or signs that are
inflatable, in such manner as to move by wind pressure and which are used or
displaved to attract attention to a business, oroduct, service or entertainment.
Figure 1
Types of Signs
1NALt_ SIGN
r
J AWN 1 A►.6 S (�2+J
Page 6 of 27
Section. 90-565. Maintenance of signs.
(1) All signs allowed by this division, including supports, braces, guys and
anchors, electrical parts, and lighting fixtures, and all painted and display
areas, shall be maintained in accordance with the building and electrical
codes that may be adopted by the City.
(2) The vegetation around, in front of, behind, and underneath the base of
freestanding signs for a distance of 10 feet shall be neatly trimmed, and
free of unsightly weeds, and no rubbish or debris that may constitute a fire
hazard or health hazard shall be permitted under or near the sign.
(3) Signs and sign structures shall always present a neat and clean appear-
ance; any sign not in this condition by virtue of age, weathering, fading,
tearing or loose fabric, or other defect shall be corrected within thirty days
of written notice.
Section. 90-566. Right of entry and inspection.
Appropriate City employees or Code officers in the performance of their function
and duties and under the provisions of this division may enter into and onto any
lands upon which advertising signs or advertisements area displayed and make
such inspections and surveys as may be relevant subject to constitutional
limitations and state law.
Section. 90-567. Exempt signs (no Permit required).
(1) Signs in Non -Residential Zoning Districts (no Dermit required).
The following signs shall be
considered as permitted signs and shall be exempt from the requirements
to obtain a sign permit as set forth herein, so long as they are not
considered prohibited signs.
(a) Decals, limited to those as required by law, which are affixed to or
painted upon store windows, store equipment, fuel pumps or other
types of vending equipment used for dispensing retail products.
(b) Lettering only, for the purpose of providing ownership, licensing and
emergency contact information, when placed upon doors and
windows of lawfully licensed businesses, with Ie#eFs not exeeedi
and limited to a maximum of two square feet.
(c) Signs within a building,
includinq window signs affixed to
Page 7 of 27
the interior of windows and which are visible from the exterior.
(Refer to Sec. 90-573.)
(d) Building signs, historical markers, memorial signs, tablets or
plaques, or the name of a building and the date of erection, when
the same are cut into the masonry surface or when constructed of
bronze or other similar metallic materials.
(e) Professional nameplates for physicians, surgeons, dentists,
lawyers, architects, teachers and other like professional persons
placed on the premises occupied by the person, not exceeding one
square foot in sign face area, provided such professional has a
valid business license as may be required for the particular
profession to be operated on those premises.
(f) Signs denoting only the name and profession of an occupant of a
building, placed flat against the exterior surface of the building and
not exceeding three square feet in sign face area, and provided
such occupant has a valid business license as may be required to
operate on those premises.
(g) Holiday decorations, provided that such decorations are removed
within 30 days of the particular day being celebrated.
(h) Construction signs located on a parcel being developed, for the
time period of the building permit, or one year, whichever is shorter,
and the sign shall not exceed 32 square feet.
(i) On -site directional and traffic control signs of no more than four
square feet of sign face, and providing that business logos or other
non -traffic control symbols do not exceed 25 percent of total sign
face area.
(i) Signs in Commercial and Industrial Zonina Districts (no aermit
required).
In addition to any other permitted temporary or permanent sign
sc Di=tri
, the following signs are permitted
within Commercial and Industrial zoning districts, without the neces-
sity of a sign permit:
1. 11Uithin F: j B Mistrict .only, temporary portable signs placed
on the ne sidewalk in front of the business se-lenas
Page 8 of 27
•
provided they do not interfere or endanger pedestrian traffic
and are not displayed any time other than during the normal
operating hours of the business.
2. Signs .designating the name of the business operating at the
location and which names are printed on the overhanging can-
opy for those businesses located along and adjacent to Park
Street.
3. Banners that celebrate an event. season. community. neigh-
borhood, or district which is sponsored by the citv or a recog-
nized not-for-Drofit community aaencv or organization.
4. One ground sign, an ,
be PeFFRitted, but no closer than 25 feet to a Residential
Zoning District.
5. Window signs affixed to the interior of windows which are
visible from the exterior. The area of such window siqns shall
be counted as part of the allowable area for buildinq siqns.
(2) Signs in All Zoninq Districts (no Dermit reauired).
Within all zoning districts, the following signs shall be considered as per-
mitted signs and shall be exempt from the requirements to obtain a sign
permit, so long as they are not considered prohibited signs as set forth
herein.
(a) Not more than , real estate sign advertising the sale, rental
or lease of the premises upon which the sign is located. Such
signs shall not exceed six square feet in area, and four feet in
height.
(b) Signs noting the architect, engineer or contractor for a development
or project when placed upon work under construction, providing the
sign shall be removed within 15 days of issuance of certificate of
occupancy. Such signs shall not exceed 32 square feet in area,
and six feet in height.
(c) Signs as required by law to display building permits or other similar
public notices.
Page 9 of 27
d) Traffic signs, street name signs, legal notices of public meetings or
zoning/land use change, danger signs and temporary emergency,
when erected by City, County, State or Federal agencies.
(e) No trespassing and private property signs not exceeding two
square feet in area.
(f) Vacancy or no vacancy signs not exceeding two square feet in sign
area.
(g) Temporary political campaign signs announcing the candidacy of a
candidate for public office not exceeding four square feet in sign
area in residential zoned areas, and not exceeding 32 square feet
in commercial and industrial areas.
The placing of political signs on City property or rights -of -way is
prohibited. Illegally placed signs shall be removed without notice
by the Code Enforcement Officer, and all political signs shall be
removed within mews of ten days after the election or primary for
which the candidate is running. Any such signs removed by the
City may be cited against the candidate for code violation under
Chapter 162 Florida Statutes, and all actual costs incurred in
removal of such signs shall also be assessed in such action.
(h) Religious symbols and displays.
(i) Garage and yard sale signs within residential districts only, not to
exceed two square feet in sign area; such signs shall not be
erected in public rights -of -way, on telephone poles, trees or fences,
and shall be removed the same day as the last day of the sale. No
such signs shall be permitted for a period in excess of three
consecutive days.
Section. 90-568. Prohibited signs.
The following signs are expressly prohibited unless otherwise exempted or
expressly authorized:
(1) Signs that violate building or electrical codes.
(2) Any signs that presents safety, traffic or pedestrian hazard, including signs
which obstruct visibility or are located in the clear visibility triangle.
Page 10 of 27
(3) Blank signs, or signs that have faded or eroded to the extent no message
or display is discemable.
(4) Signs with visible FROVORg, FeVGIViAq 9F Fetating paFts, 9F visible meGha
(5) ۥ
sepY.
(6) SiORS With lights 9F OWFAiRation that flash, Fneve, Fetate, blink, fl*GkeF,
(44,) Signs with moving lights. Signs with liqhts or illuminations that flash.
move. rotate, scintillate. blink, flicker, or vary in intensitv or color.
Sians with visible moving, revolving, running, or rotatina parts or visible
mechanical movement of any description or other apparent visible move-
ment achieved by electrical, electronic. or mechanical means except for
time -temperature -date sians. traditional barber poles. and govemmental
traffic devices and sionaae.
This prohibition includes signs with the optical illusion of movement by
means of a desiqn that presents a pattem capable of qivinq the illusion of
motion or chanaina of copv except sians of this tvpe that provide time and
temperature, or that displav an image or electronic message, so Iona as
such display or message does not chanqe more freauently than once
every 60 seconds.
IQ Sians that are obscene. indecent or immoral.
Sians in excess of 100 square feet of sign face or in excess of 30 feet in
heiaht.
(7) Strings of light bulbs used on commercial properties to promote commer-
cial uses, other than holiday decorations.
(8) Wind signs.
(9) Signs that incorporate projected images or emit any sound that is intended
to attract attention.
Page 11 of 27
(10) Signs that emit audible sound, odor or visible attention, such as smoke or
steam.
(11) Signs or sign structures that interfere with the use of any fire escape,
emergency exit or standpipe.
(12) Non -governmental signs that use the words "stop", "look", "danger" or
similar word or phrase.
(13) Signs that obstruct the vision of pedestrians, cyclists, or motorists traveling
on or entering public rights -of -way, including sidewalks.
(14) Signs within 10 feet of a public right-of-way, or within 100 feet of a traffic
light, which contain green or red lights, that might be confused with traffic
control devises.
(15) Search or spot lights used to advertise or promote a business or event or
to attract customers to the location, except as permitted under allowable
temporary siqns.
(16) Signs erected on public property without the permission of the appropriate
public authority, other than signs erected by public authority for public pur-
poses, and signs authorized in writing pursuant to Florida Statute 337.407.
(17) Signs erected over or across any public street, on public rights -of -way, or
in any public parks, except those that the City would permit for temporary
or charitable civic functions, such as, including, but not limited to, church
events, Cattlemen's Rodeo, Speckled Perch Festival, holiday parades,
Chamber of Commerce events, and the like, as approved by the appro-
priate City Department.
(18) Portable signs, including bUt ROt limited to, those inserted or fastened to
the ground by stake or wires, similar to a political sign; signs mounted on a
trailer or towable frame typically surrounded by flashing lights and an
arrow with sign display area are prohibited except as otherwise permitted
as temporary siqns.
(19) Roof signs, as defined in this division.
(20) Signs placed, erected or posted on trees, telephone or utility poles, lamp-
posts, hydrants, fences, or any public building, or within the public parka
except for banners that celebrate an event. season, communitv. neighbor-
hood, or district which is sponsored by the city or a recognized not -for -
profit communitv aaencv or organization.
Page 12 of 27
(21) Billboards, as defined in this division.
(22) Signs or posters covering the windows and doors of aR establishmeRt a
convenience business in such number and location so as to obscure one's
vision into the business, as provided by Florida Statute 812.173.
(23) Snipe signs, as defined in this division.
(24) Signs placed on benches, bus shelters, or waste receptacles except;
(a) as may be authorized in writing pursuant to F.S. 337.407; and.
(b) waste or recvcling receptacles located on -site and containing only the
name of the business or organization and the term "waste".
"recvclina" or similar terms intended to confer the purpose of the
receptacle.
(25) Signs or commercial displays on motor vehicles, trailers, boats, or other
transportable devic , ' in excess of 10 square feet total, when
such vehicle, boat, trailer or device is parked on any public street, public
riaht-of-way. on -street parkina space or other public parkina area. or other
municipally owned property. except for the period during which the owner
is visiting an .establishment in the immediate vicinity.
fit) SUGh is fmm a street right of wa• that t ,
#8*18F OF devise is within 100 feet-ef-.
(26)
Section. 90-569. Sign area computation.
(1) For freestanding signs, the sign area shall be the area within the smallest
geometric shape that touches the outer points or edges of the sign face.
(2) For building signs, except murals, the sign area shall be the area within
the smallest geometric shape that touches the outer point of raised
portions of the sign, or all of the borders or trims, or in the absence of such
border or trim, the outer points of the letters or pictures.
(3) For freestanding signs where two sign faces are placed back to back on a
single sign structure, and the faces are at no point more than four feet
apart, the sign area shall be the area of one of the faces.
Page 13 of 27
(4) For freestanding signs, where four sign faces are arranged in a square,
rectangle, or diamond, the sign area shall be the area of the two largest
faces.
(5) Where a freestanding sign or building sign is in the form of a three dimen-
sional object, the sign area shall be the area within the smallest geometric
shape that touches the outer points or edges of the largest possible two
dimensional outline of the three dimensional object and multiplying that
area by two.
(6) No sign shall exreed a tetal of 109 squaFe tGtal feet Gf sigR faGe, OF be in
amount ss spesiflsaiiy-Fevided
division. THIS HAS BEEN MOVED TO SEC. 90-568.
eRe gFeund-sign, in additien te any GtheF peFmitted signs, shall be peFmit
. THIS HAS
BEEN MOVED TO SEC. 90-567,1, Q)
Section. 90-570. Permitted temporary signs (no permit required).
(1) Any temporary sign not complying with the requirements of this section is
illegal and subject to immediate removal by the City.
(2) The following temporary signs are permitted without a sign permit,
provided that the sign conforms to the requirements associated therewith.
set -feFt#belew:
(a) Signs to indicate that an owner is, either personally or through an
agent, actively attempting to sell, rent, or lease property on which the
sign is located, provided that the sign:
does not include the price, terms or similar details.
2. is not illuminated in any manner so as to create a traffic hazard
or distraction, or constitute a nuisance to any adjacent or
surrounding property.
3. does not exceed six square feet in area in residential districts.
4. does not exceed 32 square feet in all other districts.
5. is removed immediately after sale, lease or rental.
Page 14 of 27
0
•
(b) Signs, portable signs, temporary banners, search lights, spot liqhts,
or wind signs to indicate a new business, the grand opening of a
business or other activity, or that indicate a special business sales
event, provided that the sign. portable sign, temporary banner,
search light, spot light, or wind si n is not displayed more,.ihaw
r:'+" ;'v4`.'i ;tea; _ x �+c .y-4,'sT ..g -f•': .,. h.. te�i:' ny._
' !Sr
exceeding 14 total days
and that it the -sign is not placed on the public right-of-way.
(c) Construction site identification signs provided that the sign:
1. does not exceed 32 square feet in sign area.
2. is not displayed more than 60 days prior to the beginning of
actual construction of the project.
3. is removed within15 days after the issuance of the final
certificate of occupancy
4. is removed if construction is not initiated within 60 days after the
message is displayed, or if construction is discontinued for a
period of more than 60 days, pending initiation or continuation of
construction activities.
5. is not located on a public right; -of -way.
(d) Signs, including portable signs. to announce or advertise such tem-
porary uses as fairs, carnivals, circuses, revivals, sporting events,
festivals or any public, charitable educational or religious event or
function, provided that the sign:
1. is located on the let same property where the event will occur
or, if located elsewhere, the written consent of the propertv
owner on which the sion(s) will be located has been obtained,
2. is not displayed more than 14 days prior to the event; and
3. is removed within three days after the event.
e root yli3iifsto<ii temporary portable signs placed on the
.";..l .. sidewalk in front of the business se IORg-as provided they
do not interfere or endanger pedestrian traffic and are not displayed
any time other than during the normal operating hours of the
business.
(f) Permitted temporary signs shall not be counted as part of allowable
area for freestanding or building signs.
Page 15 of 27
Section 90-671. Freestanding monument signs.
Freestanding monument signs are permitted within all Commercial and Industrial
Zoning Districts provided that;
(1) The sign area for each multiple occupancy complex and each occupant
not located in a multiple occupancy complex on
shall not exceed 64 square feet in area, or
eight feet in height.
(2) No development shall have more than one freestanding monument sign.
(3) They are located consistent with all applicable set back requirements and
are not located in a public right-of-way.
Section 90-672. Building Signs.
(1) Building signs for buildings with a single business or occupant;
(a) One square foot of sign face area for each linear foot of the building
width that faces the front of the lot, provided that no single building
sign on any one side of a building shall exceed 60 square feet of
sign face area (for example, if the width of the building facing the
front of the lot is 50 feet wide, the maximum total sign face area for
all building signs is 50 square feet.
(b)
of a-buildiflg Where building signs are placed upon more than one
side of the building, the combined sign face area, shall not exceed
the amount permitted by Section (a) above.
(2) Building signs for buildings with multiple businesses or occupants.
(a) One square foot of sign face area for each linear foot of the unit
occupied by one business or occupant, provided that no such
building sign shall exceed 48 square feet of sign face area for any
one business (for example, if the width of a unit or several units
occupied by one business is 24 feet, then one sign, a maximum of
24 square feet of sign face is permitted).
(b) Building signs for different occupants shall be separated by a
minimum distance of 36 inches.
(3) In lieu of the above described fascia signs, a business may install a single
bracket sign or a single marquee sign in accordance with the following:
Page 16 of 27
(a) The maximum size of a bracket sign or a marquee sign shall be
determined in the same manner as a fascia sign, provided that no
such sign shall have more than 60 square feet of projected sign
face area.
(b) There shall not be more than 12 inches of clear space adjacent to
the building wall, and such signs shall not extend or project from
the face of the building more than ten feet.
(c) No portion of such sign shall extend above the height of the roof.
(d) No portion of such sign shall be closer than eight three feet of any
sidewalk, bike path, or pedestrian walkway and no closer than five
feet from any street side property line. All such signs shall be
securely anchored to a wall and shall in no manner be connected to
or suspended from the roof of any building.
(1) T
displayed at any time e4h8F than neFmal business Mum.
which are p
Section 90-573. Display of street numbers reauired..
All businesses shall display the street number in a manner that is prominent and
clearly readable to vehicular and pedestrian traffic, as appropriate. Street
numbers shall be displayed on all freestanding signs and over front doors or
primary entryways.
Section 90-574. Off -premises signs.
With the exception of skins permitted on benches. bus shelters or
waste/recvclina receptacles which are Dermitted as exceptions to prohibited
signs under Sec. 90-568. off -premises signs, are
permitted in all zoning districts provided the sian is for directional Dumoses only
and meets except -subject to all applicable provisions of- this division and all of
the following conditions
Page 17 of 27
(1) That such signs are not within a public right-of-way, and a PeFFAit appli-
Gatoen
current and valid lease or letter of
permission from the property owner for placement of the sign at that
location. accompanies the permit application.
(2) That such signs shall not exceed 20 feet in height nor display a sign face
in excess of 50 square feet.
(3) An off -premises directional sign, may be erected in all -zaeing-distOGW,
anv zoning district but shall not be attached to
another existing sign, but net or be within 100 feet of a similar sign,
or within 600 feet along the street of a sign for the same establishment.
(4) That such signs contain no advertisement other than the name and type of
the business, and directional information to travel to that business.
(5) That such sians located within anv residential district make no reference to
a commercial or industrial business or use.
0 o f u r " e�.. �. Y
(2)
g•
folio *
Page 18 of 27
(s) Surh sign
shall be FeFReved With R39 days the issuaRGe
of ef any.
shall Rot 9-Mn-6ed the height 9 accp
paFGel advedising the sale OF lease ef the pFoper-ty limited to eight fee
height -and s ms
(1) All -businesses shall ' s MERABF that is pFemin
striae tFa G, as appsepdate.
Section. 90-676. Develoament signs and entrance signs for subdivisions,
multi -family or PUD developments.
(1) Signs for purposes of announcing a coming development project may be
placed within a# any Commercial and Industrial Zoning District, subject to
the following:
(a) Issuance of a sign permit shall be required, and no such sign shall
remain on any development parcel for a period of time exceeding
one year from the issuance date of the permit.
(b) Complete and proper applications for building permits for the
related development project must be submitted within 60 days of
the placement of any such sign, or the sign shall be removed.
(c) Such sign shall be removed within 30 days of the issuance of any
certificate of occupancy, or at any time when construction ceases
for a period of time longer than 30 consecutive days.
(d) Only one such sign shall be placed upon the development parcel,
and the sign face area and height of such sign shall not exceed 32
sauare feet and six feet in height, respectively. the -height
-er-sire
Page 19 of 27
(2) Within nen Fervidential zsnkig diistftts,
par -eel adyeFtising the sale 9F lease of the pFepeFty limited to eight fee
lffit and a mayl' . Within non-
residential zoning districts, one sign advertising the sale or lease of the
property shall be allowed per lot or development parcel and such siqn
shall be limited to eight feet in height and a maximum of 24 square feet of
sign face area. A sign permit shall be required for such signs, and these
signs shall be removed within 10 days of sale or lease of the property.
(3) Except for exempt signs as herein provided, signs within Residential; er
as a PAJD or PUD Zoning Districts
shall be limited to those set forth below.
(a) For Single Family and Multi -Family Residential Subdivisions, and
developments containing more than 10 building lots, where indivi-
dual lots are accessed from a common internal roadway, one sign
identifying the name of the subdivision or project shall be allowed at
each entranceway from a collector or arterial street, Rot to -exceed
two signs provided that:
1. There shall be no more than two signs per subdivision or
development.
2. Sign area shall not exceed 32 total square feet of sign face
area.
3. Maximum sign height shall not exceed eight feet.
4. Any such sign shall be freestanding or monument style. Where
more than one sign is allowed, each such sign erected shall be
constructed and designed in the same manner.
5. These signs may be only externally illuminated with ground
mounted lighting. Any lighting shall project from the ground
onto the sign and shall not be directed towards any street or
residential lot.
shall also be allowed knoted te thFeS feet
iR height, and ei b"
Page 20 of 27
•
•
- - than one sign is, allewed, eaGh sursh sign shall be
GenstFuGted and designed on the same FnanneF.
(b) For multi-familv residential uses. development identification signs,
internal directional signs and building identification signs are
allowed subiect to the following:
1. One freestanding or monument style sign identifying the name
of the development shall be allowed at each entrance provided
that:
a. There shall be no more than two signs per development.
b. Sign area shall not exceed 32 total square feet of sign
face area for each sign.
c. Maximum sign height shall not exceed eight feet.
d. Where more than one sign is allowed, each such sign
shall be constructed and designed in the same manner.
e. These signs may be externally illuminated with ground
mounted lighting. Any lighting shall- project from the
ground onto the sign and shall not be directed towards
any street or residential lot
2. Internal directional signs and signs identifying buildings shall
be limited to three feet in height and eight square feet of sign
face area.
Section. 90-577. Special reaulations for sians in residential and PUD
zoning districts.
(1) A home occupation may have one nonilluminated sign, not exceeding one
square foot. mounted flat against the DrinciDal building.
(2) A boardinahouse or day care center located in a multi-familv residential
district may have one nonilluminated sign, not exceeding eight square feet
and. if freestanding, eiaht feet in heiaht.
Page 21 of 27
(3) ExceDt'as may be permitted as a temporary sign, no Dortable sign hall be
permitted in anv residential zoninca district or that Dortion of a PUD that is
devoted to residential use.
Section. 90-578. Code compliance.
All permanent signs and the illumination thereof, shall be designed, constructed
and maintained in conformity with applicable provisions of the building and
electrical codes.
Section. 90-579. Illumination standards.
(1) Sign lighting may not be designed or located to cause confusion with
traffic lights.
(2) Illumination of the sign is permissible, provided that none of the light
emitted shines directly onto an adjoining property or into the eyes of
motorists or pedestrians using or entering public streets.
(3) Illuminated signs shall not have lighting mechanism that project more than
eighteen inches perpendicularly from any surface of the sign over public
space.
Section 90-580. Placement standards.
(1) Supports for signs or sign structures shall not be placed in or upon a
public right-of-way or public easement, except under the terms of a lease
between the owner of the easement or right-of-way, and the owner of the
sign, or with the written approval of the City of Okeechobee.
(2) No freestanding sign shall project over a public right-of-way.
(3) No sign or sign structure shall be erected that impedes the use of any fire
escape, emergency exit or standpipe.
(4) No sign or sign structure shall be within 15 feet of the outside boundary of
any public highway, or within 200 feet of any church, school, public park,
public reservation, public playground or recreation area, or residential
zoned district. The distance to the sign shall be measured along the
public highway on which the advertisement is located; provided however,
that signs may be erected on any business lot within one hundred twenty
feet of any residential zoned district, or may be affixed or painted upon
any business building within any business district, with the exception of
murals which is governed by this code.
Page 22 of 27
Section. 90-581. Clearance standards.
(1) All signs over pedestrian ways shall provide a .minimum of seven feet six
inches of clearance.
(2) All signs over vehicular ways shall provide a minimum of 13 feet six
17 feet of clearance.
Section. 90-582. Design standards.
(1) All freestanding signs shall be designed to resist a wind pressure of twenty
pounds per square foot in any direction.
(2) No building sign may project more than one feet 18 inches from the build-
ing wall.
Section. 90-583. Nonconforming signs.
All signs which were lawfully in existence and constructed or installed with
properly issued sign permits as of the effective date of these amended regula-
tions, and which are made nonconforming by these provisions herein, shall be
allowed to remain in accordance with the following conditions:
(1) Freestanding signs made nonconforming at the initial date of these
amended regulations which are not in compliance only with respect to the
minimum required distance of five feet from any property line shall be
allowed to remain in the existing location provided that no portion of the
sign is located within any publicly owned right-of-way, or utility easement
and that no interference with clear clearance distance exists, and further
provided that such signs are otherwise in compliance with the terms of this
code.
(2) Freestanding signs made nonconforming at the initial date of these
amended regulations, which are not in compliance with respect to maxi-
mum width, height or size shall be allowed to remain, provided that such
signs are otherwise in compliance with the terms of this code.
(3) Nonconforming signs, including those as described in Sections (1) and (2)
above, shall be made conforming with all provisions of this code when any
of the following changes are made:
(a) Any change to the structural support or structural materials, includ-
ing temporary relocation associated with routine maintenance of a
property.
(b) Any voluntary change which increases the height. size. disDlav area
or illumination of a sign.
Page 23 of 27
(c)
(d)
twenty five pement, eF Fe . Anv sign on which 50% or
more of the material making up the sign face is replaced (excluding
the mere repainting of the message. or the replacement of
removable letterina attached to the material makina up the sign
face.
(e)
. Anv sian which is involuntarily damaqed to an
extent of 50% or more of its siqn face.
(f) Any replacement of an abandoned sign, defined as any sign not
routinely maintained as required by this code.
(g) Any change necessary for compliance with Florida Building Code
requirements.
(h)
(4) The provisions of this Section shall not be construed to apply to signs that
are abandoned, deteriorated, dilapidated, or in a general state of disrepair,
or which are determined to create a hazard to public safety.
(5)
the Gede,
be
to r.GRfeFM with
all applieable pFeyisiORs 0 this
shall
made
Section. 90-584. Violation constitutes nuisance; abatement.
Any advertisement, advertising sign or advertising structure which is constructed,
erected, operated, used, maintained, posted or displayed in violation of this code
is hereby declared to be a nuisance, and shall be forthwith removed, obliterated
or abated. Any portable sign such as snipe signs or real estate signs may be
removed without notification of the property owner, or such advertiser, if such
sign is placed in a public right-of-way.
Page 24 of 27
•
•
Section. 90-585. Permit application and approval process.
(1) The developer shall submit to the building official a completed sign
application.
(2) Within 10 days after receipt of an application, the building official shall
determine that the information is complete or incomplete and inform the
developer of the deficiencies, if any. If the application is deemed:
(a) Incomplete, the developer may submit the required information
within 10 days without payment of an additional application fee, but
if more than ten days elapse, the developer must then initiate a new
application and pay a new application fee; or
(2) Complete, the building official shall determine if the sign meets all
provisions of this code, and shall issue the permit which states
whether the application is approved, denied or approved with condi-
tions, within twenty-one days of receiving the application.
Section. 90-586. Procedure for appeal.
Any administrative decision that is made by any City Official in the administration
or enforcement of this code may be appealed within 30 days to the Board of
Adjustment and Appeals, whose decision shall be final.
Section.587. Murals.
(1) Murals shall be permitted on all Commercial or Industrial structures within
the City. Murals which depict historical and cultural scenes, and which
contain no commercial messages, shall be developed in conjunction with,
and under the guidance and supervision of, Okeechobee Main Street Inc.,
and shall be governed by the provisions of Appendix F, afld-aFe—Rot
subjerA to this division and shall be subiect to the following:
(a) T
feet of sigR#ase;
(b) No mural may. as determined by the Citv Council. contain anv
picture. representation. caraohic or disDlay. that the averaoe citizen.
aDDIvina contemporary communitv standards. would find that the
mural, taken as a whole. aopeals to the prurient interest: deDictS or
describes. in a aatently offensive way. sexual conduct as defined in
this code. and lacks any serious commercial. literary. artistic. poli-
tical or scientific value: and
(c) No mural may be in such proximity to the road or right-of-way of the
City, or displayed in such a manner, that it would unreasonably
distract the operators of motor vehicles, or raise public safety
concerns.
Page 25 of 27
FOF pui:peses of this
,
feR:ns eA walls OF 61FF1iIaF building aFeas devoid Of GGFnmemial messages.
Section. 90-588 Sians and artwork not aualifyina as murals.
Art forms on walls or other external building areas which are not considered
murals due to their commercial content are permitted in the Citv of Okeechobee.
but shall be considered signs, and the total area of such signs shall not exceed
one hundred sauare feet of sign face. Such signs shall be subiect to all
applicable Sections in this division and the provisions of Appendix F shall not
apply.
Section. 90-589 Unsafe locations and offensive signs prohibited
(1) As determined by the Citv Council, no siqn subiect to this Section may
contain anv picture, representation, qraphic or displav, that the average
citizen, applvinq contemporary community standards, would find that the
sign. taken as a whole, appeals to the prurient interest; that the sign
depicts or describes, in a patentiv offensive wav, sexual conduct as
defined in this code, and the siqn lacks any serious commercial, literary,
artistic. political or scientific value; and
(2) No siqn may be in such proximity to the road or right-of-wav of the City, or
displaved in such a manner, that it would unreasonably distract the
operators of motor vehicles, or raise public safetv concerns.
Sections 90-690 through 90-600 Reserved.
Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. Severability. If any provision or portion of this ordinance is declared
by any court of competent jurisdiction to be void, unconstitutional, or
unenforceable, then all remaining provisions and portions of this ordinance shall
remain in full force and effect.
Section 4. Effective Date. This Ordinance shall take effect immediately upon
its passage
Page 26 of 27
INTRODUCED for first reading and set for final public hearing on this of
2009.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this day of
2009
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 27 of 27
MAR 17w - FIRST MAD - EMIRIT IMF a -
APR 7w - FINAL -MIRIT NO.
ORDINANCE NO. 1043
AN ORDINANCEOF THE CITYOF OKEECHOBEE, FLORIDA; PROVIDING
AN ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND
OLDER AS AUTHORIZED BY SECTION 196.075, FLORIDA STATUTES;
PROVIDING FOR SCOPE OF THE EXEMPTION AND PROCEDURES FOR
MAKINGAPPLICATIONFORTHEADDITIONALEXEMPTION; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 196.075, Florida Statutes, provides in accordance with Section 6(f),
Article VI of the Florida State Constitution, that the City of Okeechobee may adopt
an Ordinance to allow an additional Homestead Exemption for any person who has
the legal or equitable title to real estate and maintains thereon the permanent
residence of the owner, who has obtained age sixty-five (65) years, and whose
household income does not exceed $20,000.00, as adjusted by the consumer price
index; and
WHEREAS, the City of Okeechobee has a number of lower income residents who would
meet the qualifications to receive an additional Homestead Exemption; and
WHEREAS, it is in the best interest of the City of Okeechobee and its citizens that elderly
low income residents receive assistance through the provision of an additional
Homestead Exemption; and
WHEREAS, estimates of the fiscal impact of granting various amounts of an additional
exemption have been provided by the Okeechobee County Property Appraiser's
Office.
NOW, THEREFORE, it is ordained 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:
SECTION 1.
That this Ordinance is being adopted under the Non -Emergency Ordinance
procedure specified in Chapter 166, Florida Statutes.
SECTION 2.
In accordance with Section 196.075(2), Florida Statutes, an additional Homestead
Exemption of $25,000.00 shall be granted for any person who has the legal or
equitable title to real estate and maintains thereon the permanent residence of the
owner, who has attained age sixty-five (65) years and whose household income
does not exceed $25,873.00, and as adjusted annually on January 1, 2011 and
subsequent years. If title is jointly held with right of survivorship, the person residing
on the property and who otherwise qualifies, may receive the entire amount of the
additional Homestead Exemption.
Page 1 of 3
MAR le - FIRST READ - EXNIBIT NO.
APR 7r'ff - FINAL-EXNIBIT NO.
SECTION 3.
That beginning January 1, 2010, the exemption amount described in Section Two
above, shall be adjusted annually on January 1" by the percentage change in the
average cost of living index in the period January 1" through December 31" of the
immediate prior year compared with the same period for the year prior to that. The
index is the average of the monthly consumer price index figures for the stated 12
month period, relative to the United States as a whole, issued by the United States
Department of Labor.
SECTION 4.
That the exemption granted by this Ordinance applies only to ad valorem taxes
levied by the City of Okeechobee and shall not apply to any other unit of
government.
SECTION 5.
That the additional exemption provided by this Ordinance shall become effective for
the 2010 calendar year and thereafter until amended pealed.
SECTION 6.
That any tax payer claiming the exemption provided herein shall annually submit to
the Property Appraiser, not later than March 1 gt, a sworn statement of household
income on a form prescribed by the Department of Revenue. The application shall
be accompanied by copies of any federal income tax return for the prior year, any
wage or earning statements (W-2 forms), and any other documents required by
Section 196.075, Florida Statutes or Rules promulgated by the Department of
Revenue pursuant to that statute. The Tax Payer by sworn statement must attest
to the accuracy of the copies and the Property Appraiser shall not grant the
exemption without the required documentation.
SECTION 7.
That any person who is not entitled to the additional Homestead Exemption and was
granted such an exemption is subject to penalties, interest and liens pursuant to
Section 196.075(9).
SECTION 8.
The City Clerk shall, prior to December 1, 2009, provide a copy of the Ordinance
approving this Article to the Property Appraiser, and, in the event this Article is
subsequently repealed or modified, notification of such repeal or modification shall
be provided to the Property Appraiser not later then December 18t of the year prior
to the year in which the Homestead Exemption provided herein expires or is
modified.
SECTION 9.
The City Council of the City of Okeechobee hereby reserves the right ,
part or in its entirety, the additional Homestead Exemption provided in4'e.
Nothing herein shall be construed as creating a vested or other legal or equitable
right to the additional Homestead Exemption provided in this Article.
SECTION 10.
Page 2 of 3
1 loll eml� ou-0000
MAR le - FIRST READ - EXN/8IT NO. a --
APR 7w - FINAL-FXlIIBIT NO.
In the event a court of competent jurisdiction shall hold or determine that any part
of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall
not be affected thereby, and it will be presumed that the City Council of the City of
Okeechobee did not intend to enact such invalid or unconstitutional provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid and unconstitutional provision, thereby causing
said remainder to remain in full force and effect.
SECTION 11.
That the sections, subsections, paragraphs and other divisions contained in this
Ordinance may be re -numbered for incorporation or consistency with any existing
or future codification of the Ordinances of City of Okeechobee, Florida.
SECTION 12.
That this Ordinance shall take effect upon receipt of the official acknowledgment
from the Office of the Secretary of State of Florida in the manner prescribed by law.
INTRODUCED for first reading and set for final public hearing on this I day of March.
2009.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 7th day of April,
2009.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Page 3 of 3
03/11/2009 13:00 86346768ib JOE G IJLLINS PAGE 02
PAR 1 At op► — A 3
CITY OF 0KIEr-jECHOBEE
(863) 763-3372
AGENDA ITEM REQUEST FORM
PLEASE SUBMIT COMPLETED FORM TOc
CITY AD,MJ[NISTRATOR'S OFFICE
SS SE 3110 AVENUE
OKEECHOBET� FLORIDA 34974
NAME: AtL fNW li.
]=—,L— -?q9 y y
FAX (863) 763-Y686
TELEPHONE: y(e7• yGG3(AA) `YVY060060 FAX: `l(07- 68/6
MEETING: REGULAR 3" SPECIAL ❑ WORKSHOP ❑ DATE:
PLEASE STATE THE ITEM YOU WISH TO AVE PLACED ON THE CITY COUNCIL AGENDA:
�X''�-- . _x5lc._�•�.ar�!t� t.,%ljt/ss�r_loArre_=1aFircL��,oe._.�f�rf
PLEASE STATE W FIAT DEPARTM ENT(S) YOU HAVE WORKED W ITH:
PLEASE STATE
ESIRED ACTION BY THE CITY COUNCIL:
- ----------
PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH
APPLICABL E DOCUMENTS:
-.z sue. roc f'`e�----------
IPA PRESENTATION IS TORE MADE, PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE
APPROVED BY THE MAYOR.
SIGNED BY: DATE:��/�
z
03/11/2009 13:00 86346768j, JOE G MULLINS • PAGE 03
Contents
Economic Restructuring Committee
Okeechobee Main Street
2009 Strategic Plan
Page
I. Introduction/Overview 2
u. Timeline 3
III. Funding 4-5
IV. Budget 6
V. Economic Development Director 7-8
VI. Marketing Plan 9-12
03/11/2009 13:00 86346768ib JOE G MULLINS I* PAGE 04
1. Introduction
One of the lessons of current economic conditions in Florida is that an economy based
upon population growth and tourism can be greatly impacted by economic cycles. A
jobs based economy built upon a diverse commercial/industrial base provides a
stronger foundation for sustaining ond'improving the vitality of the community.
Recognizing this, the Economic Restructuring Committee has been working to
implement the Economic Development Plan prepared for the county by Mr. William
Fruth in January 2006. Implementation of the plan will result in a proactive approach to
help our existing businesses reach their full potential and to attract new businesses to
Okeechobee County. The benefits of successfully implementing the plan include:
1. Increasing our tax base as new businesses locate in the county and
existing businesses expand. This will result in a larger and more diverse
funding base for the county's delivery of services.
2. Increasing our payrolls and profits within the local economy will provide
additional demand for local goods and services.
3. Increasing our employment opportunities within the county will address
current imbalances in county unemployment rates when compared to
the rest of the state. As of December 2008, Okeechobee County's
unemployment rate of 9.7 percent was significantly higher than the state
at 7.8% and the nation at 7.1 %.
4. The focus on creating jobs at or above the current wage level within the
county will result in overall improved quality of life for our workforce.
5. Increasing the diversity and size of our economic base will lessen the
impact of downturns associated with the normal business cycle.
Essential components of Mr. Fruth's plan include the formation of an economic
development organization and the hiring of an economic development professional to
direct and lead activities. The strategic pion for 2009 revolves around funding, hiring,
and developing initial marketing to fulfill these goals.
The formation of the organization under Main Street will result in bringing the plan into
fruition in the shortest time frame possible. It is the ultimate intent for the organization to
become stand alone in a 2 to 4 year period.
K
03/11/2009 13:00
8634676816
JOE G MULLINS •
PAGE 05
II, Timeline
Q109 Q209
Obtain govt. funding
Obtain private funding [
Finalize Brochure
Finalize Web Site
Finalize Budget
Hire Director
T,
ongoing
Implement marketing/development activities
3
03/11/2009 13:00 8634676816 JOE G MULLINS . PAGE 06
111. Funding
It is the goal of the organization to derive the majority of its funding from private
sources. In the early years of the organiization's development, government funding will
be required to provide initial stability and allow the organization to mature and
broaden its private funding base. The goal for the first year is to obtain 50% of funding
from government and 50% from private sources.
Government - In 2008, the committee asked Okeechobee County to maintain $75,000
in their 2009 budget that had been designated for economic development. The intent
of the request was that the committee would seek a hard funding commitment from
the County once the plan was more fully developed. In Q12009 we will seek this hard
funding commitment. A request for funding assistance from the City of Okeechobee
will also be made in Q12009. Possible other governmental and quasi-govemmental
agencies that could provide funding will continue to be identified in Q12009 and formal
requests will be made as appropriate.
Private - Private funding will rely primarily upon membership dues paid to the
organization. The planned dues and membership structure is as follows:
Endowment Member $10,000 or more, no dues for 10 years.
Benefits:
Monthly/Quarterly Newsletter
Special area on website denoted only for Endowment
Members
Receives invitations to general membership events.
Plaque stating Endowment Membership Status
Opportunity to serve on various committees
Founding Member $2,500 first year, $1,000 annually thereafter.
Benefits:
Monthly/Quarterly Newsletter
Special area on website denoted only for Founding
Members
Receives invitations to general membership events.
Plaque stating Founding Membership Status
Opportunity to serve on various committees
Corporate Member $1,000 annually (businesses with 5 or more employees)
Benefits:
Monthly /Quarterly Newsletter
Listing and Link on website
Receives invitations to general membership events
Opportunity to serve on various committees
Individual Member $250 annually (businesses up to 4 employees, individuals)
Benefits:
Monthly/Quarterly Newsletter
Receives invitations to general membership events
4
03/11/2009 13:00 86346768 JQE G MULLINS PAGE 07
16
20% of the initial dues collected (up to the first $1,000 for Founding Members and none
for Endowment Members) will be shored with Main Street to support its role as the lead
entity. The remaining 80% will be strictly segregated to be used solely by the committee
to support the project.
In addition to memberships, the committee will explore grant and other funding
opportunities.
5
03/11/2009 13:00
8634676816
JOE G MULLINS 8
PAGE 08
IV. budget
Estimated Revenue
2009
2010
2011
Government
$75,000
$60,000
$40,000
Founding Members
$25,000
Memberships
Corporate
$10,000
$20,000
$35,000
Individual
$5.000
$10,000
E15.000
Total
$115,000
$105,000
$105,000
Estimated Expense
2009
2010
2011
Executive Director
(benefits included)
$65,000
$67.000
$69,000
Support Staff
$14,000
Office
$ 4,000
$ 4,000
$ 4,000
Trove[
$ 3,000
$ 4,000
$ 5,500
Marketing
$10,000
$10,000
$10,000
Miscellaneous
$2
S2•-500
$ 2,500
Total
$84,500
$87,500
$105,000
Operating Reserve;
$30,500
$48,000
$ 48,000
`A goal of the organization will be to maintain reserves of approximately 1 /2 of the
annual budget.
6
03/11/2009 13:00 86346768J6 JOE G MULLINS • PAGE 09
V. Economic Development Director
The hiring of a full time Economic Development Director is essential to the success of the
project and is planned to occur in Q22009. The Director will be hired by Okeechobee
Main Street and will report to the Main Street Director of Economic Restructuring with
general oversight provided by the Economic Restructuring Committee.
Job Description
Serving as Economic Development Director for Okeechobee Main Street the Director
will be responsible for developing and implementing the economic development
program within the county. The purpose of the program is to create new jobs by
assisting existing businesses with expansion and attracting new businesses. Duties
include:
l . Refinement and implementation of the marketing plan.
2. Interfacing with local and state government to further common economic
development goals and strategies.
3. Act as the primary contact to assist prospects with obtaining incentives.
4. Maintain an ongoing inventory of assets and resources such as transportation,
land, utilities, labor, etc. that are essential components for attracting
prospects and assisting existing businesses.
5. Identify and actively seek solutions to address deficiencies or weaknesses that
may deter businesses.
6. Private and public fundraising for the organization.
7. Networking with other Economic Development Organizations and business
leaders.
8. Participate in professional organizations and educational opportunities to
stay current in economic development strategies and trends.
9. Provide regular updates on the progress of the program.
10.Other duties as assigned.
Qualifications
Bachelor's degree in Business Administration, Public Administration or a related field, or
the equivalent background of education and experience. Strong communications
skills, experience in working with diverse clientele, sales ability, leadership skills,
networking ability, and the ability to work flexible hours with minimal supervision are
required. Direct experience as the director of economic development activities is
preferred.
7
03/11/2009 13:00 86346768ib JOE G MULLINS • PAGE 10
Performance Measures
The Director's performance will be measured in the early stages of the three year
budget cycle (2 to 4 quarters) by their successful implementation of the marketing plan,
their ability to develop a sound funding base for the organization and by tangible job
creation. After the initial development stage of the organization, performance will be
measured primonly by tangible job creation and continued ability to generate funding
for the organization. It is the goal of the organization over the three year period to:
1. Create up to 250 primary jobs with primary or contributory employers. Primary or
contributory jobs means the source of the payroll must come from the sale of
goods or services outside of the Okeechobee County economy. This will result in
importing money into the area.
2. Create up to 100 secondary jobs. Secondary jobs means the goods or services
are sold within the local economy.
3. Stimulate up to $25,000,000 in capital construction.
Bonus compensation plans may be developed to provide appropriate incentives to the
Director for the accomplishment of their goals.
H.
03/11/2009 13:00 86346768ib JOE G MULLINS • PAGE 11
V1. Marketing Plan
As discussed by Mr. Fruth in his target industry study doted June 2005. the marketing of
Okeechobee will involve many of the traditional tactics involved in selling any product
or service. Specific tactics will be discussed in detail below. Marketing efforts will focus
upon promoting what Okeechobee has to offer:
1. Supply of inexpensive yet trainable labor.
2. Availability of training resources for labor.
3. Availability of incentives.
4. Central location to the gold coast and heartland regions.
5. Access to the 195, the Florida Turnpike and 27 corridors.
6. Access to ports, rail service, and airport.
7. Abundance of undeveloped land.
8. Rich history and quality of life.
While Okeechobee's strengths are good selling points, it will be the continued mission of
the organization to address several weaknesses in the county:
1. Insufficient supply of improved, approved industrial property.
2. Limited availability of a trained workforce.
3. Access to 195, the Florido Turnpike and 27 is limited to 2 lane roads.
T=et Market
Marketing efforts will be focused upon:
1. Creating jobs that are primary or contributory in nature. Primary or contributory
jobs means the source of the payroll must come from the sale of goods or
services outside of the Okeechobee County economy. This will result in importing
money into the area.
2. The wages paid must meet or exceed current wage levels within the county in
order to prevent dilution and to elevate the quality of the economy.
As a result of current limitations created by a relatively unskilled workforce, the most
appropriate initial target industries are primarily mid -value to mid -low value
manufacturing and distribution. Recognizing the asset that our airport facility is for the
county and our centralized location, general aviation related industry and
distribution/warehousing industries will also be targeted. As the local economy is
strengthened and diversified. the ability to attract more sophisticated and knowledge
based industries will be enhanced. Initial marketing targets will be:
9
03/11/2009 13:00 863467681 JOE G MULLINS PAGE 12
•
Manufacturing
1. Engineered and Other Wood Product Manufacturing- Truss, Window & Door.
Mllwork and Container manufacturing.
2. Converted Paper Product Manufacturing - Corrugated, Paperboard and Fiber
Box, Can, Tube and Drum manufacturing.
3. Point Coating and Adhesive Manufacturing.
4. Soap, Cleaning Compound, and Toilet Preparation (creams, lotions, cosmetics)
Manufacturing.
5. Plastics Product Manufacturing.
6. Glass and Glass Product Manufacturing.
7. Cement and Concrete Product Manufacturing.
B. Cut Stone and Stone Product Manufacturing.
9. Architectural and Structural Metals Manufacturing.
10.Other Fabricated Metal Product Manufacturing.
11. HVAC and Refrigeration Equipment Manufacturing.
12. General Purpose Machinery Manufacturing.
13. Lighting Equipment Manufacturing
14. Ship and Boat Building
15. Furniture and Cabinet Manufacturing.
16. Medical Equipment and Supplies Manufacturing.
Distribution
1. Retail Distribution Centers.
2. Wholesale Distribution Centers.
Aviation
1. Aircraft Conversion Services.
2. Aircraft Rebuilding Services.
3. Aircraft Overhauling Services.
4. Aircraft Maintenance & Repair Services.
S. Flight Training Schools.
[jf,7�•-f7• ii,•
"The center of it all" location with cost advantages.
NOW
C
To market Okeechobee county to business owners, CEOs/CFO's, site selection
professionals and developers as a central location with low costs, a pro -business
atmosphere, available incentives, and a good quality of life.
10
03/11/2009 13:00 86346768ib JOE G MULLINS • PAGE 13
Brochure - A printable brochure is currently being designed with completion projected
prior to Ql 2009 end. The brochure will include an overview of Okeechobee County
and will discuss:
1. Central Location
2. Transportation - Road, Rail, Ports
3. Incentives
4. Workforce and Workforce Training options/incentives
5. Industrial/Commercial parks/property
6. Quality of Life
Web Site - An expanded information source similar to the brochure with links to
additional resources. The web site project is being done as a competition/project with
local students. Anticipated completion prior to 022009 end.
Coordi to With Other Organizations/Goverrngnt -Develop network and keep
appraised of opportunities presented through state agencies, FREHDI and coastal EDCs.
Prosoect last - Develop prospect fist of companies within target industries profile that are
currently located in surrounding coastal urban areas. Implement direct calling program
on identified prospects.
Trade Shows - Develop list of state and regional trade shows. Develop materials for
trade show booth to include backdrop, tablecloth with logo and collateral material.
Prior to the individual show to be attended, determine which targeted companies will
be attending. Make direct contact with targeted companies and request a meeting
at the show or for them stop by the booth. At the show meet with pre-set
appointments, qualify show generated leads and set post show appointments. After
the show follow up with prospects as appropriate.
Preliminary Trade show list for 2009:
1. MATTECH - Material Handling, Manufacturing & Packaging Technology,
Logistics & Supply Chain Expo. Miami Beach, Florida 8/5/09 - 8/6/09. $2,250
1 Ox 10 booth.
2. Florida Industrial Woodworking Expo. Orlando, Florida 9/24/09-9/25/09. Price
TBD.
3. Southeast Roofing & Sheet Metal Spectacular. Orlando, Florida 7/8/09 -
7/11 /09. $1,225 1 Ox10 booth.
Site Consultant NetwcWnq/Events - Create list of Site Consultants who are active in
assisting in corporate relocations in Florida and the Southeast. Establish a calling
program to familiarize them with Okeechobee. Create realtor sponsored and other
event based opportunities to bring Site Consultants to Okeechobee.
MAR 17 AGENDA - EXH/8l i NO.
0 0
Dr. Adelberg City Fire Medical Director
MEDICAL DIRECTOR AGREEMENT
THIS AGREEMENT made and entered into effective the 11 day of ADM 2009, by
and between the CITY OF OKEECHOBEE a political subdivision of the State of Florida,
hereinafter referred to as "CITY" and J. MICHAEL ADS BERG, M.D., FAEP, hereinafter
referred to as "Dr. Adelberg" or "MEDICAL DIRECTOR."
WITNESSETH:
WHEREAS, the CITY is a political subdivision of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of Okeechobee City;
and
WHEREAS, the Okeechobee City Fire Department utilizes emergency medical technicians
and paramedics to perform basic life support procedures; and
WHEREAS, Section 401.265, Florida Statutes._ requires a Medical Director to supervise
and assume direct responsibility for the medical performance of the emergency
medical technicians and paramedics; and
WHEREAS, J. Michael Adelberg, M.D., FAEP, is a duly licensed physician in the State of
Florida; and
WHEREAS, Dr. Adelberg has agreed to provide services as Medical Director, as more
particularly hereinafter described and under the terns and conditions set forth in
this Agreement.
Page 1 of 7
NOW THEREFORE in consideration of the premises, and in consideration of the mutual
conditions, covenants, and obligations hereafter expressed, it is agreed as follows:
1. Recitals. THAT the foregoing recitals are true and correct and constitute a material
inducement to the parties to enter into this Agreement.
2. Specific Provisions. THAT the parties hereby agree to the following specific
provisions:
A. Scope of Services.
1) Dr. Adelberg shall perform all duties of a Medical Director as specified
in Section 401.265, Florida Statutes~ Rule 1013-66.0505, Florida
Administrative Code. and as otherwise specified in any law of the
State of Florida.
2) The MEDICAL DIRECTOR shall supervise and assume direct
responsibility for the medical performance of the emergency medical
technicians and paramedics operating forthe City of Okeechobee Fire
Department.
3) The MEDICAL DIRECTOR shall establish and maintain a quality
assurance program to provide for quality assurance review of all
emergency medical technicians and paramedics operating under his
supervision.
4) The MEDICAL DIRECTOR shall document facts and other
information, and reportto the Department of Health and Rehabilitative
Services, in the event the MEDICAL DIRECTOR has reasonable
belief that conduct by an emergency medical technician or paramedic
may constitute one or more grounds for discipline, as provided by the
Florida Statutes.
5) The MEDICAL DIRECTOR shall endorse upon the approved
agreement the written standing order and protocols, which are
complied and accepted upon this mutual agreement. Any changes,
additions to or deletions from current standing orders and protocols
will be developed by the MEDICAL DIRECTOR to ensure medical
correctness.
B. Payment. In consideration of the performance of this Agreement, the CITY
agrees to pay MEDICAL DIRECTOR for all work actually performed, the sum
of SIX HUNDRED DOLLARS ($600.00) per month. The CITY reserves the
Page 2 of 7
right to ratably withhold amounts in the event of the nonperformance of all
or part of the MEDICAL DIRECTOR'S obligations.
C. Commencement; Term. The MEDICAL DIRECTOR shall commence work
under this Agreement on April 1, 2009 and shall continue to provide services
for the duration of this Agreement. This Agreement shall be for a Tenn of
oner (1) year and may be renewed for one (1) additional one-year term upon
mutual consent of the parties in writing.
D. Termination. This Agreement may be terminated at any time with or without
cause by either party giving ninety (90) days written notice to the party;
provided, however that termination upon the MEDICAL DIRECTOR's default
shall be governed by paragraph 4B herein below and provided, that the
provisions of this paragraph shall not be construed to relieve either party
from it's rights or obligations of this Agreement through the date of the actual
termination.
E. Notices. All notices to the parties under this Agreement shall be in writing
and sent certified mail, return receipt requested to:
For the City: CITY OF OKEECHOBEE FIRE DEPARTMENT
Attention: Fire Chief
55 SE 3`" Avenue
Okeechobee, Florida 34974
For the MEDICAL DIRECTOR: J. Michael Adelberg, M.D.
2189 Driftwood Circle
Palm Beach Gardens, Florida 33410
F. Insurance. The MEDICAL DIRECTOR shall maintain such insurance as will
fully protect both the MEDICAL DIRECTOR and CITY from any and all
claims under any Workers Compensation Act or Employers Liability Laws
and from any and all claims of whatsoever kind or nature for damage to
property or for personal injury including death made by anyone whomsoever,
that may arise from operations carried on under this Agreement, either by the
MEDICAL DIRECTOR, any subcontractor, or by anyone directly or indirectly
engaged or employed by either of them.
3. General Provisions. THAT the parties hereby agree to the following general
provisions:
A. Representations of the Medical Director. The MEDICAL DIRECTOR
represents that he has sufficient technical expertise to perform the services
contemplated by this Agreement in a timely and professional manner
consistent with the standards of the industry in which the MEDICAL
DIRECTOR operates.
Page 3 of 7
B. Personal nature of Agreement The MEDICAL DIRECTOR hereby
warrants that he has the necessary technical expertise and training to
perform its duties as outlined in this Agreement The parties acknowledge
that the CITY places great reliance an emphasis upon the knowledge
expertise and personal abilities of the MEDICAL DIRECTOR. Accordingly,
this Agreement is personal and the MEDICAL DIRECTOR shall not assign
or delegate any rights or duties hereunder without the specific written
consent of The CITY. In the event the MEDICAL DIRECTOR requires the
services of any subcontractor or professional associate in connection with
the work to be performed under this Agreement, the MEDICAL DIRECTOR
shall obtain the written approval of the CITY Project Manager prior to
engaging such subcontractor or professional associate.
C. Independent contractor. It is specifically agreed that the MEDICAL
DIRECTOR is deemed to be an independent contractor and not a servant,
employee, joint adventurer or partner of the CITY. It is further agreed that no
agent, employee, or servant of the MEDICAL DIRECTOR shall be deemed
to be the agent, employee, or servant of the CITY. None of the benefits, if
any, provided by the CITY to its employees, including but not limited to
compensation, insurance and unemployment insurance are available from
the CITY to the employees, agents, or servants of MEDICAL DIRECTOR
will be solely and entirely responsible for its acts and for the acts of its
agents, employees, servants, and subcontractors during the performance of
this Agreement. Although the MEDICAL DIRECTOR is an independent
contractor, the work contemplated herein must meet the approval of the
CITY and shall be subject to the CITY's general right of Inspection to secure
the satisfactory completion thereof. The MEDICAL DIRECTOR Agrees to
comply with all Federal, State and municipal laws, rules and regulations that
are now or may in the future become applicable to the MEDICAL
DIRECTOR, the MEDICAL DIRECTOR's business, equipment, or personnel
engaged in operations covered by this Agreement or accruing out of the
performance of such operations. The CITY will not be held responsible for
the collection of or the payment of taxes or contributions of any nature on
behalf of the MEDICAL DIRECTOR.
D. Indemnification. Irrespective of any insurance carried by the MEDICAL
DIRECTOR, pursuant to this Agreement or otherwise, the MEDICAL
DIRECTOR shall indemnify and hold the CITY harmless against and from
the loss, cost, damage or expense, including reasonable attorney's fees and
court cost, arising out of any accident, casualty, or other occurrence causing
injury to any person or property arising from the MEDICAL DIRECTOR's
performance under this Agreement, whether by the MEDICAL DIRECTOR,
his agents, employees or subcontractors, and whether caused by or arising
from any act or omission of the MEDICAL DIRECTOR, his agents,
employees, or subcontractors. In the event that any claim in writing is
asserted by a third party which may entitle the CITY to indemnification, the
CITY shall give notice thereof to the MEDICAL DIRECTOR which notice shall
Page 4 of 7
be accompanied by a copy of statement of the claim. Following the notice,
the MEDICAL DIRECTOR shall have the right, but not the obligation, to
participate at his sole expense, in the defense, compromise or settlement of
such claim with counsel of his choice. If the MEDICAL DIRECTOR shall fail
timely to defend, contest or otherwise protect against any suit, action or
otherwise protect against any suit, action or other proceeding arising from
such claim, the CITY shall have the right to defend, contest or otherwise
protect itself against same and be reimbursed for expenses and reasonable
attorneys fees and, upon not less than ten (10) days notice to the MEDICAL
DIRECTOR, to make any reasonable compromise or settlement thereof. In
connection with any claim as aforesaid, the parties hereto shall cooperate
fully with each other and make available all pertinent information necessary
or advisable for the defense, compromise or settlement of such claim.
E. Public Records. All documents, papers, letters or other materials made by,
received by, or maintained by the MEDICAL DIRECTOR in accordance with
this Agreement shall be subject to the provisions of Chapter 119 Florida
Statutes. The MEDICAL DIRECTOR shall allow public access to such
documents and materials in accordance with the provisions of Chapter 119
Florida Statutes. Should the MEDICAL DIRECTOR assert any exemptions
to the requirements of Chapter 119 and related statutes, the burden of
establishing such exemption, by way of injunctive or other relief as provided
by law, shall be upon the MEDICAL DIRECTOR. The CITY reserves the
right to unilaterally cancel this Agreement for refusal by the MEDICAL
DIRECTOR to allow public access to any documents which are subject to the
provisions of Chapter 119 Florida Statutes..
4. Miscellaneous Provisions. THAT the parties hereby agree to the following
miscellaneous provisions:
A. Severability. That, should any term or provision of this Agreement be held,
to any -extent, invalid or unenforceable .as against any person, entity or
circumstance during the term hereof, by force of any statute, law, or ruling
of any forum of competent jurisdiction, such invalidity shall not affect any
other tern or provision of this Agreement, to the extent that the Agreement
shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
B. Default In the event of a breach by the MEDICAL DIRECTOR under any
of the obligations contained in this Agreement, the CITY shall have the right
to declare a default and terminate this Agreement without notice if the breach
is incurable, constitutes a threat to the public health, safety or welfare, or is
a breach for which a notice has been previously provided the MEDICAL
DIRECTOR. For all other breaches, the CITY shall provide the MEDICAL
DIRECTOR with notice and an opportunity of not less than 10 days to cure
Page 5 of 7
the breach. Upon default, the CITY shall have all rights and remedies
provided by law or equity.
C. Entire Agreement That this Agreement states the entire understanding
between the parties and supersedes any written or oral representations,
statements, negotiations, or agreements to the contrary. The MEDICAL
DIRECTOR recognizes that any representations, statements, negotiations
made by the CITY staff do not suffice to legally bind the CITY in a
contractual relationship unless they have been reduced to writing,
authorized, and signed by the authorized CITY representatives. This
Agreement shall bind the parties, their assigns and successors in interest.
D. Construction. Should any provision of the Agreement be subject to judicial
interpretation, it is agreed that the court interpreting or considering such
provision will not apply the presumption or rule of construction that the terms
of this Agreement be more strictly construed against the party which itself or
through its counsel or other agent prepared the same, as all parties hereto
have participated in the preparation of the final form of this Agreement
through review by their respective counsel, if any, and/or the negotiation of
specific language and therefore the application of such presumption or rule
of construction would be inappropriate and contrary to the intent of the
parties.
E. Attorney's Fees. In the event of any litigation to enforce the terms of this
Agreement the prevailing party shall be entitled to reasonable attorneys fees
and costs which are directly attributed to such litigation both at the trial and
appellate level.
F. Waiver. The indulgence of either party with regard to any breach or failure
to perform any provision of this Agreement shall not be deemed to constitute
a waiver of the provision or any portion of this Agreement, either at the time
the breach or failure occurs or at any time throughout the term of this
Agreement.
G. Headings. All headings are for clarification only and are not to be used in
any judicial construction of this Agreement.
H. Binding Nature of Agreement This Agreement shall be binding upon the
successors and assigns of the parties hereto.
1. Law; Venue. This Agreement is being executed in Okeechobee County,
Florida and shall be governed in accordance with the laws of the State of
Florida. Okeechobee County, Florida shall be the venue of any action
thereon.
Page 6 of 7
•
IN WITNESS WHEREOF, the parties hereto have signed and sealed this agreement
effective the day and date first written above.
APPROVED by 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 on:
ATTEST:
Lane Gamiotea, CMC, City Clerk
Reviewed for Legal Sufficiency:
John R. Cook, City Attomey
WITNESS:
Print Name:
by
Page 7 of 7
James E. Kirk, Mayor
MEDICAL DIRECTOR:
J. Michael Adelberg, M.D.
• •
MARCH 17 — EWZff T NO. 'S
City Of Okeechobee
Ground Maintenance
Bid Opening/Bid Tab
March 9, 2009
2:00 P.M.
Company
JMC Landscaping Service
Big 'O' Lawn Care
Nunez Lawn Cane
Quality Lawn Cane
Roberto Casas
1525 NW 460 Terrace
Okeechobee FL 34972
Riverside Land Maintenance
Green Lawn Service
A Better Cut Landscaping
Posted March 9, 2009 - 3:10 pm
to be removed March 13, 2009 - 3:10 pm
NC). Pw C) I-10 -0,:)- 09
Annual Monthly,
$ 24,000.00
$ 2,000.00
$ 22,800.00
$1,900.00
$ 21,300.00
$1,775.00
$17,199.00
$1,433.25
$ 23,500.00
$1,958.34
$ 34,200.00
$ 2,850.00
$ 24,000.00
$ 2,000.00
•
I TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
CITY OF OKEECHOBEE
PUBLIC WORKS
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
863-763-3372 EXT. 213
City Administrator and City Council
Donnie Robertson, Director of Public Works 46k,
Ground Maintenance Bid PW 01-10-02-09
March 11, 2009
After thorough review of bidders for the Ground Maintenance Bid, I would recommend
approval of Quality Lawn Care. I have spoken to the references provided with the bid
and Mr. Roberto Casas is highly recommended. Mr. Casas understands the expectations of
of the City and assures me he is up to the task.
MAR 17 AffNV A - EXN/8IT NO. �
RESOLUTION NO.09-07
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
NOTIFYING PUBLIC RISK MANAGEMENT OF FLORIDA (PRM) OF
THE CITY'S INTENT TO WITHDRAW FROM PRM'S PROPERTY AND
CASUALTY SELF-INSURANCE POOL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Public Risk Management of Florida (PRM) and the City of Okeechobee Florida, entered
into an Intergovernmental Cooperative Agreement for the purpose of forming a Risk
Management and Self -Insurance Association; and
WHEREAS, given the current economic conditions, the City finds it prudent to request competitive
bids from insurance providers to ensure the City is receiving the maximum value for the dollars
spent; and
WHEREAS, Article 4, Section 4.2, of said agreement requires the City to serve a written Notice of
Intent to Withdraw upon the Executive Director of the pool and that same be accompanied by
a resolution of the governing body of the Member electing to withdraw from the pool.
NOW, THEREFORE, be it resolved before the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by a majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the
City that:
SECTION 1.
The City of Okeechobee, Florida hereby notices Public Risk Management of the City's intent
to withdrawal from the Property and Casualty Self -Insurance pool.
SECTION 2.
The City Administrator is hereby authorized to transmit the Notice of Intent to Withdraw to the
Executive Director of PRM.
SECTION 3.
This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 171 day of March. 2009.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Resolution No. 09-07 Page 1 of 1