2010-04-20CITY OF OKEECHOBEE
APRIL 20, 2010 REGULAR CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
AGENDA
CALL TO ORDER - Mayor:
April 20, 2010, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES:
Invocation given by Rev. Gwen Livatt, St. Stephens A.M.E.;
Pledge of Allegiance led by Mayor
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
A. Proclaim the week of May 2 - 8, 2010 as "Municipal Clerk's Week."
PAGE 1 OF 8
COUNCIL ACTION - DISCUSSION - VOTE
Mayor Kirk called the April 20, 2010 Regular City Council Meeting to order at 6:00 p.m.
The invocation was offered by Reverend Gwen Livatt of St. Stephens American Methodist Episcopal Church; Members
of Boy Scout Troop 964 were in attendance working toward a merit badge, Mayor Kirk recognized them to lead the
Pledge of Allegiance.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present (entered chambers at 6:16 p.m.)
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk proclaimed the week of May 2 through 8 as "Municipal Clerk's Week." The following proclamation was read
in its entirety for the record as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part
of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest
among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between
the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal'
Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and
men
WHEREAS, the Municipal Clerk serves as the information center on functions of local governt and
community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
APRIL 20, 2010 - REGULAR MEETING - PAGE 2 OF 8 439
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED.
A. Proclaim the week of May 2 - 8, 2010 as "Municipal Clerk's Week" (Continued from page one) the Office of the Municipal Clerk through participation in education programs,
continued. seminars, workshops and the annual meetings of theirstate, province, county and international professional
organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of
the Municipal Clerk. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby
proclaim May 2 through 8, 2010, as "MUNICIPAL CLERKS WEEK" and further extend appreciation to, our
Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their
exemplary dedication to the communities they represent. " Mrs. Lane Gamiotea, City Clerk, and Melisa Jahner,
Deputy Clerk, graciously accepted the proclamation.
B. Present a Five Year Service Award to Russell Cale. Mayor Kirk presented to Mr. Russell Cale, a framed Certificate of Longevity Service and an engraved cross pen in
recognition of his five year service and dedication as an employee with the City. The certificate read as follows:
"Longevity Service Certificate - Presented To - Russell Cale - In Appreciation for Your 5 Years of Hard Work
and Dedication with the City of Okeechobee April 8, 2005 through April 8, 2010 Service is the lifeblood of any
organization. Everything flows from it and is nourished by it. The City and Your Fellow Citizens have',
Benefitted Greatly by Your Performance." Mr. Cale graciously accepted the award.
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2010 Warrant Register. Council Member Markham moved to approve the March 2010 Warrant Register in the amounts: General Fund, four
hundred forty-nine thousand, one hundred fifty-four dollars and sixty cents ($449,154.60); Capital Improvement
General Fund ............................. . .. $449,154.60 Projects Fund -Impact Fee, forty-three thousand, eight hundred seventeen and forty cents ($43,817.40); Public
Capital Improvement Projects Fund -Impact Fee ..... $ 43,817,40 Facilities Improvement Fund, twenty-four thousand, one hundred thirty-six dollars and forty-seven cents ($24,136.47);
Public Facilities Improvement Fund ............... $ 24,136.47 and Capital Improvement Projects Fund, eighteen thousand, eight hundred seventy-one dollars and ten cents
Capital Improvement Projects Fund ..... I ......... $ 18,871,10 ll($18,871.10); seconded by Council Member O'Connor. There was no discussion on this item.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
VI. MINUTES - City Clerk. WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
A. Motion to dispense with the reading and approve the Summary of 111 Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April
Council Action for the April 6, 2010 Regular Meeting - City Clerk. 6, 2010 Regular Meeting; seconded by Council Member O'Connor. There was no discussion on this item.
VOTE
KIRK - YEA MARKHAM - YEA O'CoNNOR - YEA
WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
440
APRIL 20, 2010 - REGULAR MEETING - PAGE 3 OF 8
11 AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 11
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's Ili Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
agenda. III There were none.
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 PM
A.1. a) Motion to read by title only, proposed Ordinance No.1060 for Council Member O'Connor moved to read by title only, proposed Ordinance No.1060 for Application No.10-001-R
Application No. 10-001-R submitted by D & A Properties, Inc. to submitted by D & A Properties, Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -
rezone a tract of land consisting of 0.84 acres from Residential One (RSF-1) to Light Commercial (CLT) Zoning District, seconded by Council Member Williams.
Single Family -One (RSF-1) to Light Commercial (CLT) Zoning
District - City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only.
KIRK - YEA
WATFORD - ABSENT
MARKHAM - YEA
WILLIAMS - YEA
O'CONNOR-YEA
MOTION CARRIED.
c) City Attorney to read proposed Ordinance No.1060 by title only. Attorney Cook read proposed Ordinance No. 1060 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL SINGLE
FAMILY -ONE (RSF-4) TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT; AMENDING THE ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No,1060, 111 Council Member Markham moved to adopt proposed Ordinance No.1060; seconded by Council Member O'Connor.
b) Public discussion and comments. Mayor Kirk asked whether there were any comments from the public? There were none. The proposed ordinance was
discussed in detail at the April 6, 2010 as Mr. Brisson presented the Planning Staff Report, recommending Light
Commercial, which is the least intensive district that will accommodate the intended parking lot. The Planning Bard
reviewed the application at their March 18, 2010 meeting, and with a six to one vote recommended Heavy Commercial
as requested by the properly owner. The Council asked whether there was any objection from the applicant regarding
the recommended zoning designation change to Light Commercial? Clerk Gamiotea answered, there were none.
c) Vote on motion. VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
APRIL 20, 2010 - REGULAR MEETING - PAGE 4 OF 8 441
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
B.1. a) Motion to read by title only, proposed Ordinance No. 1062 setting
Council Member Williams moved to read by title only, proposed Ordinance No. 1062 setting hours of operation for pool
hours of operation for pool or billiard parlors, amusement parlors,
or billiard parlors, amusement parlors, and game rooms; seconded by Council Member O'Connor.
and game rooms - City Attorney (Exhibit 2).
b) Vote on motion to read by title only.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1062 by title only.
Attorney Cook read proposed Ordinance No. 1062 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDAAMENDING CODE OF ORDINANCES SECTIONS 14-175 THEREOF, SETTING HOURS
OFOPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PERMITTING
SPECIAL EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, PROVIDING AN
EFFECTIVE DA TE."
2. a) Motion to adopt Ordinance No. 1062.
Council Member Markham moved to adopt proposed Ordinance No. 1062; seconded by Council Member O'Connor.
b) Public discussion and comments.
Mayor Kirk asked whether there were any comments from the public? There were none.
c) Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
CLOSE PUBLIC HEARING.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:11 PM.
IX. UNFINISHED BUSINESS.
A. Discuss the motion to adopt proposed Resolution No.10-04, which
Proposed Resolution No. 10-04's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE,
was postponed from the April 6, 2010 meeting to allow the City
FLORIDA SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U.S. HIGHWAY
Attorney to review and revise the content - City Administrator
441 INTERSECTION IMPROVEMENT PROJECT, AND AGREEING TO REVERT THE C►TY'S TITLE AND
(Exhibit 3).
INTEREST IN CERTAIN PARCELS OFFLAGLER PARK TO THE HAMRICK TRUST; PROVIDING AN EFFECTIVE
DATE."
442
APRIL 20, 2010 - REGULAR MEETING - PAGE 5 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
IX. UNFINISHED BUSINESS CONTINUED,
A. Discuss the motion to adopt proposed Resolution No. 10-04
continued.
X. NEW BUSINESS.
A.1. a) Motion to read by title only, and set May 4, 2010 as a final public
hearing date for proposed Ordinance No.1063 regarding pain
management clinics - City Attorney (Exhibit 4).
b) Vote on motion to read by title only and set public hearing date.
c) City Attorney to read proposed Ordinance No.1063 by title only.
2. a) Motion to approve the first reading of proposed Ordinance No.
1063.
b) Discussion.
On April 6, 2010, Council Member Watford moved to adopt proposed Resolution No.10-04 regarding the acquisition
of property from Flagler Park for the SR 70 and US 441 Intersection Improvements Project; seconded by Council
Member Williams. Council Members Watford and Markham moved to postpone action until the April 20, 2010
meeting; the motion was carried. The postponement allowed time for the proposed Resolution to be amended
regarding the amount of acres that will be necessary for the project.
Council Markham added that, on behalf of the Trustees for the Hamrick Trust Fund, they were satisfied with the
language in Section (b).
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - ABSENT WILLIAMS - YEA MOTION CARRIED.
Council Member O'Connor moved to read by title only, and set May 4, 2010 as a final public hearing date for proposed
Ordinance No.1063 regarding Pain Management Clinics; Council Member Williams.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - ABSENT
WILLIAMS - YEA
MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1063 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA ENACTING A ONE YEAR MORATORIUM UPON THEACCEPTANCE OFZONING OR
LAND USE AMENDMENTS, IN THE LAND DEVELOPMENT CODE, ORDINANCE 716, AND THE ISSUANCE OF
BUSINESS TAX LICENSE UNDER CH. 50 CODE OF ORDINANCES, AND APPLICABLE REQUESTS FOR
APPROVAL OF PAIN MANAGEMENT CLINICS, OR DRUG MANAGEMENT CLINICS, AS DEFINED HEREIN,
WITHIN THECITYOFOKEECHOBEE, FLORIDA; FURTHERPROVIDING FORAPPEAL AND REVIEW PROCESS;
PROVIDING FOR CONFLICTS, SEVERABILITY, PROVIDING AN EFFECTIVE DATE."
Council Member Markham moved to approve the first reading of proposed Ordinance No.1063; seconded by Council
Member O'Connor,
Council Member Watford entered the Chambers at this time. Attorney Cook explained that this ordinance places a
moratorium on Pain Management Clinics for one year from adoption and it identifies the definitions of such clinics.
APRIL 20, 2010 - REGULAR MEETING - PAGE 6 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II
X. NEW BUSINESS CONTINUED.
A. 2. b) Discussion continued.
c) Vote on motion.
B. Motion to approve the Amended and Restated Interlocal Agreement
Creating the Treasure Coast Regional League of Cities -
Counciiman Watford (Exhibit 5).
He also explained that should an establishment of this nature want to pursue business in Okeechobee, while the
moratorium is in effect, then the City Administrator, the Business Tax Receipt Office and the General Services
Department will have the authority to review and grant or deny such request. During this moratorium, an ordinance
will be presented to the Council for consideration that would better regulate these types of businesses, unless
legislation takes action beforehand. Council Member Markham questioned whether the County is following suit?
Administrator Whitehall answered that the Sheriff's Office is favorable, but has not received any comment from County
Administrator Bonner.
Administrator Whitehall reviewed the examples of resolutions from other cities, urging the Florida Legislation to adopt
legislation further regulating the dispensing of prescription drugs, and explained that the City will immediately follow
up with a proposed resolution as well.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to adopt proposed Resolution No.10.05, urging the Florida Legislature to
adopt legislation further regulating the dispensing of prescription drugs, seconded by Council Member
Markham._
Administrator Whitehall stated that Resolution No.10-05 would be patterned like the resolution of Delray Beach, and
be sent to our key Legislators without delay.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to approve the Amended and Restated Interlocal Agreement Creating the Treasure
Coast Regional League of Cities; seconded by Council Member Williams.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
443
J 1 /
1,1
X. NEW BUSINESS CONTINUED.
C. Motion to award a bid for the City Hall restroom renovations - City
Administrator (Exhibit 6).
APRIL 20, 2010 - REGULAR MEETING - PAGE 7 OF 8
COUNCIL ACTION - DISCUSSION - VOTE
Council Member Watford moved to award the City Hall restroom renovations Bid (No. PW 02-00-03-10) to Neal Long
Construction of Okeechobee, in the amount of $14,989.00; seconded by Council Member Markham.
The bid opening took place on April 12, 2010 at 1:00 p.m, four bids were received: PBS National of Okeechobee, Neal
Long Construction of Okeechobee, Sweat Trucking of Okeechobee and Lozano Builders of Stuart. For the record, PBS
National was the lowest bidder, but due to a price error on the total unit price, they declined to do the job. The next
lowest bid was Neal Long Construction, which City Engineer Bermudez recommended to award them the bid.
Administrator Whitehall noted that immediately upon completion of the restroom project, he would like to proceed with
some interior remodeling, including the electric entrance room, and carpet installation.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
D. Consider a temporary street closing for SW 4' Street between SW Council Member Markham moved to approve a temporary street closing for Southwest 4" Street between Southwest
51h and 6th Avenues from 3:00 p.m. on May 14, 2010 to Noon on 5`h and 6th Avenues from 3:00 p.m. on May 14, 2010 to Noon on May 16, 201 0,for"Disciple Now," a youth community
May 16, 2010,for field events at the ROC, submitted by First Baptist wide event sponsored by the First Baptist Church; seconded by Council Member O'Connor.
Church - City Clerk (Exhibit 7).
E. Consider accepting property at S.W. 7`h Avenue and S.W. 21"
Street to be deeded to the City from property owners D.Wells, L.
Graisbery, and M. McHair, and pay the survey invoice from Leland
Dyals Land Surveying in the amount of $200.00 - City Attorney
(Exhibit 8).
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
Council Member Watford moved to accept the property at Southwest 7' Avenue and Southwest 21" Street to be
deeded to the City from property owners Dana Marie Wells, Laura Mae Graisbery, Melissa Ann Bryant, Madonna
Arnold and Ann Marie McNair, and to pay the survey invoice from Leland Dyals Land Surveying in the amount of
$200.00; seconded by Council Member O'Connor.
Administrator Whitehall clarified, the existing sidewalk is currently on private property. The owner had two options; to
deed the property to the City, or follow through with easement methodology. There are no additional improvements
being done to the intersection, and it was surveyed so that the right-of-way line is on the South side of the existing
sidewalk. Council thanked the owners for graciously deeding the property to the City.
APRIL 20, 2010 - REGULAR MEETING - PAGE 8 OF 8
II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE Il
X. NEW BUSINESS CONTINUED.
E. Consider accepting property at S.W. 7" Avenue and S.W. 2111
Street to be deeded to the City continued.
XI. ADJOURN MEETING - Mayor.
Please take notice and be advised that when a person decides to appeal any decision made
by the City Council with respect to any matter considered at this meeting, he/she may need to
insure that a verbatim record of the proceeding is made, which record includes the testimony
and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose
of backup for official records of the Clerk.
ATTEST: James E. Kirk, Mayor
ane 6amiotea, CMC City Clerk
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:39 p.m. The next meeting will be
May 4, 2010 at 6:00 p.m.
445
•
CITY OF OKEECHOBEE
APRIL 20, 2010 REGULAR CITY COUNCIL MEETING
C HANDWRITTEN MINUTES
I. CALL TO ORDER -Mayor: -- /' q
Mayor Kirk called the April 20, 2010 Regular City Council Meeting to order at 6:00 p.m. k' G� lC
II. OPENING CEREMONIES:
The invocation was offered by Rev Gwen Livatt, St Stephens A.M.E; /
Followed by the Pledge of Allegiance led by Mayor Kirk and Boys Scout Troop #
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
City Clerk Gamiotea called the roll:
Mayor James E. Kirk f
Council Member Lowry Markham t�
Council Member Mike O'Connor 1
Council Member Dowling R. Watford, Jr. (will be late, entered chambers at r: / p.m.)
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea j,
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith (�
Public Works Director Donnie Robertson
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim the week of May 2 through 8, 2010 as "Municipal Clerk's Week."
"WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the
world; and WHEREAS, the Office of the Municipal Clerk is the oldestamong public servants; and WHEREAS, the Office
of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies
of governmentat otherlevels; and WHEREAS, Municipal Clerks have pledged to be evermindful of theirneutralityand
impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on
functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the
administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, province, county and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW
THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May 2 through 8, 2010,
as "MUNICIPAL CLERKS WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all
Municipal Clerks for the vital services theyperform and theirexemplary dedication to the communities theyrepresent."
A. Present a Five -Year Service Award to Russell Cale.
Longevity Service Certificate - Presented To - Russell Cale - In Appreciation for Your 5 Years of Hard Work and Dedication with
the City of Okeechobee April 8, 2005 through April 8, 2010 Service is the lifeblood of any organization. Everything flows from
it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance. Presented this 20th
day of April, 2010
Page 1 of 8
•
•
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2010 Warrant Register:
General Fund ........................................
Capital Improvement Projects Fund -Impact Fee's ............
Public Facility Improvement Fund .........................
Capital Improvement Projects Fund .......................
.................. I... $449,154.60
$43,817.40
....................... $24,136.47
....................... $18,871.10
Council Member Y1 moved to approve the March 2010 Warrant Register in the amounts: General Fund, four hundred
forty-nine thousand, one hundred fifty-four dollars and sixty cents ($449,154.60); Capital Improvement Projects Fund -Impact
Fee's, forty-three thousand, eight hundred seventeen and forty cents ($43,817.40); Public Facility Improvement Fund, twenty-
four thousand, one hundred thirty-six dollars and forty-seven cents ($24,136.47); and Capital Improvement Projects Fund,
eighteen thousand, eight hundred seventy-one dollars and ten cents ($18,871.10); seconded by Council Member.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD -E�i �c L-f WILLIAMS - YEA mqTION CARRI
VI. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2010 Regular Meeting.
Council Member bu_moved to dispense with the readingand approve the Summary of Council Action for the Cam-
2010 Regular Meeting; seconded by Council Member M . There was no discussion on this item.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - U* f%SCk: _ - WILLIAMS - YEA TION CA
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
H. c 4LL
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION -Mayor AT r MP.M.
A.1. a) Motion to read by title only, proposed Ordinance No. 1060 for Application No. 10-001-R submitted by D & A Properties,
Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -One (RSF-1) to Light Commercial
(CLT) Zoning District - City Planning Consultant (Exhibit 1).
Council Member _ moved; seconded by Council Member
b) Vote on motion to read by title only.
VOTE
KIRK - YEA MARKHAM - YEA O'CONN - EA
WATFORD - *EAr W_\a��A- WILLIAMS - YEA 0TION CARRIED.
c) Attorney Cook read proposed Ordinance No. 1060 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OFLAND MORE PARTICULARLYDESCR/BED HEREIN, FROMRES/DENT/AL SINGLEFAMILY-
ONE (RSF-1) TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 1060.
Council Member W moved; seconded by Council Member NtL
b) Public discussion and comments.
Planning Staff Report, recommending Light Commercial which is the least intensive district that will
accommodate the intended parking lot. The Planning Board reviewed the application at their March 18, 2010 meeting, and with
Page 2 of 8
a six to one vote is recommending Heavy Commercial as requested by the property owner. The Planning Staff findings are as
follows: 1. The proposed use is not contrary to Comprehensive Plan requirements. Staff agrees. 2. The proposed use
being applied for is specifically authorized under the zoning district in the Land Development Regulations. Staff does
not classify the intended use as a commercial parking lot. Rather, the parking lot is intended to provide parking for other
commercial uses of the Shoppes on the Boardwalk project. Therefore, it should be considered an accessory use to associated
commercial uses, provided that the property is tied by unity of title or other legal document to the properties for which it is
providing required parking. 3. The proposed use will not have an adverse effect on the public interest. Staff agrees. 4. The
proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not
contrary or detrimental to urbanizing land use patterns.
Staff notes that buffering, may be necessary, and vehicular access and egress will be dealt with at the site plan approval stage.
5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement
or development of adjacent property. Use as a parking lot is compatible with nearby and adjacent uses. All immediately
surrounding properties are part of the Shoppes on the Boardwalk. Properties to the East and Northeast are largely zoned and
developed in residential uses although some are vacant. However, we believe that the least intensive zoning district that will
accommodate the intended use should be applied. Based on preliminary information in the site plan application, the parking
will entail impervious surface coverage in the are of 74 percent. The CLT district is the least intensive commercial district that
allows the sufficient impervious surface coverage to accommodate the proposed 73 space parking lot. 6. The proposed use
can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the
neighborhood. Staff notes that any buffering and/or other measures that may be necessary to protect adjacent and nearby
properties will be addressed by the Technical Review Committee during the site plan review. 7. The proposed use will not
create a density pattern that would over burden public facilities such as schools, streets and utility services. Staff
agrees that the parking lot alone will not generate demand for utility services or generate traffic on its own. 8. The proposed
use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff agrees and
the applicant has indicated that the property is proposed only use as a parking lot for nearby commercial components of the
Shoppes on the Boardwalk project. Consequently, no additional traffic can be expected beyond that associated with previously
approved commercial components of the Shoppes on the Boardwalk project. Of course drainage and stormwater management
issues will be addressed at the site plan approval stage. 9. The proposed use has not been inordinately burdened by
unnecessary restrictions. Staff agrees.
there have been some use changes of the project which were more intense than envisioned for the original
traffic study of the overall project and parcel, and now they need to acquire additional parking, which is why we are
recommending the least intense use, CLT, to protect the residential area and to have a some control of the allowable use.
c) Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA (F!7
WATFORD - IDEA'(WILLIAMS - YEA RRIE
Page 3 of 8
B.1. a) Motion to read by title only proposed Ordinance No. 1062 setting hours of operation for pool or billiard parlors,
amusement parlors, and game rooms - City Attorney (Exhibit 2).
Council Member moved; seconded by Council Member lib
b) Vote on motion to read by title only.
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - Y-E-X.�i bt,- - WILLIAMS - YEA
C) City Attorney to read proposed Ordinance No. 1062 by title only.
Attorney Cook read proposed Ordinance No. 1062 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING CODE OF ORDINANCES SECTIONS 14-175 THEREOF, SETTING HOURS OF
OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PERMITTING SPECIAL
EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE."
2. a) Motion to a opt Ordinance No. 1062.
Council Member moved; seconded by Council Member Al r
b) Public discussion and comments.
C) Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR-- YEA
WATFORD --YEA �kt , f- WILLIAMS - YEA �N6RR
CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING AT If P.M.
Page 4 of 8
•
IX. UNFINISHED BUSINESS.
A. Discuss the motion to adopt proposed Resolution No. 10-04, which was postponed from the April 6, 2010 meeting to
allow the City Attorney to review and revise the content - City Administrator (Exhibit 3).
Proposed Resolution No. 10-04's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U. S. HIGHWAY441 INTERSECTION
IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CITY'S TITLEAND INTEREST IN CERTAIN PARCELS OF
FLAGLER PARK TO THE HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE."
On April 6, 2010, Council Member Watford moved to adopt proposed Resolution No.10-04 regarding the acquisition of property
from Flagler Park for the SR 70 and US 441 Intersection Improvements Project; seconded by Council Member Williams.
Council Members Watford and Markham moved to postpone action until the April 20 2010 meeting• the motion was
carried.
C'V
VOTE
KIRK - YEA MARKHAM - YEA O' 0 A
WATFORD - YEA -�a1� � WILLIAMS - YEA M ON CARRIED.
Page 5 of 8
X. NEW BUSINESS.
A.1. a) Motion to read by title only and set May 4, 2010 as a final public hearing date for proposed Ordinance No. 1063
regarding pain mana ent clinics - City Attorney (Exhibit 4 .
Council Member \l �L ; seconded by Council Member D
moved _.
b) Vote on motion to read by title only and set public hearing date.
VOTE
KIRK - YEA f" MARKHAM - YEA O'CON -YEA
WATFORD.;.,YEEA WILLIAMS - YEA TION CARRI .
c) City Attorney to read proposed Ordinance No. 1063 by title only.
Attorney Cook read proposed Ordinance No. 1063 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA ENACTING A ONE YEAR MORATORIUM UPON THE ACCEPTANCE OF ZONING OR LAND
USE AMENDMENTS, IN THE LAND DEVELOPMENT CODE, ORDINANCE 716, AND THE ISSUANCE OF BUSINESS TAX
LICENSE UNDER CH. 50 CODE OF ORDINANCES, AND APPLICABLE REQUESTS FOR APPROVAL OF PAIN
MANAGEMENT CLINICS, OR DRUG MANAGEMENT CLINICS, AS DEFINED HEREIN; WITHIN THE CITY OF
OKEECHOBEE, FLORIDA; FURTHER PROVIDING FORAPPEAL AND REVIEW PROCESS; PROVIDING FOR CONFLICTS,
SEVERABILITY; PROVIDING AN EFFECTIVE DATE."
2. a) Motion to approve the first reading of proposed Ordinance No. 1063.
Council Member moved �m ; seconded by Council Member WL
b) Discussion.
�,� .S� �.� �>_ �L�__C_��c�.����..°�'� •-i-'�xv.� hey � �� C��-Q-
-kA�L u/t
o
Ta-
I u iL" GC.I _.tom: { 0 A
c) Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA O' _hn
WATFORD -YEA WILLIAMS - NO MOTION CARRIED.
Page 6 of 8
I LN �r-J,
B. Motion to approve the Amend&nd Restated Interlocal Agreement Creatilee Treasure Coast Regional League
of Cities - Councilman Watford —(Exhibit 5).
Council Member moved } ; seconded by Council Member l
VOTE
KIRK - YEA MARKHAM - YEA ' R - YEA
WATFORD - YEA WILLIAMS - YEA OTION -CABRIE .
C. Motion to award a bid for the City Hall restroom renovations - City Administrator (Exhibit 6).
Council Member LA.A-� moved; seconded by Council Member Ain
p
do
h-� fv- Cd( +C, CA Cu U�:, Q,
VOTE
KIRK - YEA MARKHAM - YEA O'COw
WATFORD - YEA WILLIAMS - YEA OTION CARRIED.
___
Page 7 of 8
D. Consider a temporary street clq& for SW 4m Street between SW 511 and 6th Oues from 3:00 p.m. on May 14, 2010
to Noon on ay 16, 2010,for fie d events at the ROC, submitted by First Bap Ist Church - City Clerk (Exhibit 7).
Council Member moved; seconded by Council Member Q"��,.
VOTE
KIRK - YEA MARKHAM - YEA �CARRIEDI.
WATFORD - YEA WILLIAMS - YEA
E. Consider accepting property at S.W. 71h Avenue and S.W. 21It Street to be deeded to the City from property owners
�Drais and McHa�and pay the survey invoice from Leland Dyals Land Surveying in the amount
of $200.00 - Cit Attorney (Exhibit 8).
Council Member J, moved; seconded by Council Member
'S �
VOTE
KIRK - YEA MARKHAM - YEA O'CONN OR - YEA
WATFORD - YEA WILLIAMS - YEA
XI. ADJOURN MEETING - Mayor.
There being no further items on the agenda, the meeting was adjourned at p.m. The next meeting will be May 4, 2010
at 6:00 p.m.
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,
he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.
City Clerk media are for the sole purpose of backup for official records of the Clerk.
Page 8 of 8
•
•
`ty.OF-OXf y0 CITY OF OKEECHOBEE
APRIL 20, 2010 REGULAR CITY COUNCIL MEETING
HANDWRITTEN MINUTES
I. CALL TO ORDER - Mayor:
Mayor Kirk called the April 20, 2010 Regular City Council Meeting to order aq:00 p.m.
II. OPENING CEREMONIES:
The invocation was offered by Rev Gwen Livatt, St Stephens A.M.E;
Followed by the Pledge of Allegiance led by Mayor Kirk and Boys Scout Troop # 9�
III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
City Clerk Gamiotea called the roll:
Mayor James E. Kirk ,t/
Council Member Lowry Markham"',
Council Member Mike O'Connor,%
Council Member Dowling R. Watford, Jr. (will be late, entered chambers at p.m.)
Council Member Clayton Williams v,"
City Administrator Brian Whitehall,/
City Attorney John R. Cook ✓
City Clerk Lane Gamiotea .-
Deputy Clerk Melisa Jahner v
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson ✓
IV. PRESENTATIONS AND PROCLAMATIONS - Mayor.
A. Proclaim the week of May 2 through 8, 2010 as "Municipal Clerk's Week."
"WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the
world; and WHEREAS, the Office of the Municipal Clerkis the oldest among publicservants;.and WHEREAS, the Office
of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies
of government at other levels; and WHEREAS, Municipal Clerks have pledged to be evermindful of their neutrality and
impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on
functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the
administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of theirstate, province, county and international professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW
THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May 2 through 8, 2010,
as "MUNICIPAL CLERKS WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all
Municipal Clerks forthe vital services they perform and theirexemplary dedication to the communities theyrepresent."
A. Present a Five -Year Service Award to Russell Cale.
Longevity Service Certificate - Presented To - Russell Cale - In Appreciation for Your 5 Years of Hard Work and Dedication with
the City of Okeechobee April 8, 2005 through April 8, 2010 Service is the lifeblood of any organization. Everything flows from
it and is nourished by it. The City and Your Fellow Citizens have Benefitted Greatly by Your Performance. Presented this 20th
day of April, 2010o
Page 1 of 8
u
E
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2010 Warrant Register:
General Fund.............................................................. $449,154.60
Capital Improvement Projects Fund -Impact Fee's................................... $43,817.40
Public Facility Improvement Fund ................................................ $24,136.47
Capital Improvement Projects Fund .............................................. $18,871.10
Council Member N&44, moved to approve the March 2010 Warrant Register in the amounts: General Fund, four hundred
forty-nine thousand, one hundred fifty-four dollars and sixty cents ($449,154.60); Capital Improvement Projects Fund -Impact
Fee's, forty-three thousand, eight hundred seventeen and forty cents ($43,817.40); Public Facility Improvement Fund, twenty-
four thousand, one hundred thirty-six dollars and forty-seven cents ($24,136.47); and Capital Improvement Projects Fund,
eighteen thousand, eight hundred seventy-one dollars and ten cents ($18,871.10); seconded by Council Member If Ire
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD_��# WILLIAMS - YEA `O`TION CARRIED: y�
VI. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2010 Regular Meeting.
Council Member_ moved to dispense with the readi and approve the Summary of Council Action for the Jaary-5,
2010 Regular Meeting; seconded by Council Member, `�lu
. There was no discussion on this item.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD -XC /j WILLIAMS - YEA TION CARRIED:
VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda. /
Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda?
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor AT � , c, 7 P.M.
A.1. a) Motion to read by title only, proposed Ordinance No. 1060 for Application No. 10-001-R submitted by D & A Properties,
Inc. to rezone a tract of land consisting of 0.84 acres from Residential Single Family -One (RSF-1) to Light Commercial
(CLT) Zonin District - City Planning Consultant (Exhibit 1).
Council Member moved; seconded by Council Member
mtxx
b) Vote on motion to read by title only.
VOTE
KIRK - YEA` MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA � WILLIAMS - YEA TION CARRIED.
c) Attorney Cook read proposed Ordinance No. 1060 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OFLAND MORE PARTICULARLYDESCRIBED HEREIN, FROMRESIDENTIAL SINGLE FAMILY -
ONE (RSF-1) TO LIGHT COMMERCIAL (CLT) ZONING DISTRICT, AMENDING THE ZONING MAP
ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITYAND AN EFFECTIVE DATE."
2. a) Motion to adopt Ordinance No. 1060.
Council Member hmoved; seconded by Council Member 1
b) Public discussion and comments. 1171"-f-I
Mr. Brisson presented the Planning Staff Report, recommending Light Commercial which is the least intensive district that will
accommodate the intended parking lot. The Planning Board reviewed the application at their March 18, 2010 meeting, and with
Page 2 of 8
•
�J
a six to one vote is recommending Heavy Commercial, as requested by the property owner. The Planning Staff findings are as
follows; 1. The proposed use is not contrary to Comprehensive Plan requirements. Staff agrees. 2. The proposed use
being applied for is specifically authorized under the zoning district in the Land Development Regulations. Staff does
not classify the intended use as a commercial parking lot. Rather, the parking lot is intended to provide parking for other
commercial uses of the Shoppes on the Boardwalk project. Therefore, it should be considered an accessory use to associated
commercial uses, provided that the property is tied by unity of title or other legal document to the properties for which it is
providing required parking. 3. The proposed use will not have an adverse effect on the public interest. Staff agrees. 4. The
proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not
contrary or detrimental to urbanizing land use patterns.
Staff notes that buffering, may be necessary, and vehicular access and egress will be dealt with at the site plan approval stage.
5. The proposed use will not adversely affect property values or living conditions, or be detrimental to the improvement
or development of adjacent property. Use as a parking lot is compatible with nearby and adjacent uses. All immediately
surrounding properties are part of the Shoppes on the Boardwalk. Properties to the East and Northeast are largely zoned and
developed in residential uses although some are vacant. However, we believe that the least intensive zoning district that will
accommodate the intended use should be applied. Based on preliminary information in the site plan application, the parking
will entail impervious surface coverage in the are of 74 percent. The CLT district is the least intensive commercial district that
allows the sufficient impervious surface coverage to accommodate the proposed 73 space parking lot. 6. The proposed use
can be suitably buffered from surrounding uses so as to reduce the impact of any nuisance or hazard to the
neighborhood. Staff notes that any buffering and/or other measures that may be necessary to protect adjacent and nearby
properties will be addressed by the Technical Review Committee during the site plan review. 7. The proposed use will not
create a density pattern that would over burden public facilities such as schools, streets and utility services. Staff
agrees that the parking lot alone will not generate demand for utility services or generate traffic on its own. 8. The proposed
use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. Staff agrees and
the applicant has indicated that the property is proposed only use as a parking lot for nearby commercial components of the
Shoppes on the Boardwalk project. Consequently, no additional traffic can be expected beyond that associated with previously
approved commercial components of the Shoppes on the Boardwalk project. Of course drainage and stormwater management
issues will be addressed at the site plan approval stage. 9. The proposed use has not been inordinately burdened by
unnecessary restrictions. Staff agrees.
Mr. Brisson stated there have been some use changes of the project which were more intense than envisioned for the original
traffic study of the overall project and parcel, and now they need to acquire additional parking, which is why we are
recommending the least intense use, CLT, to protect the residential area and to have a some control of the allowable use.
cj Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA ' A
WATFORD - WILLIAMS - YEA TION CARRIED. ----
Page 3 of 8
B. 1. a) Motion to read by title only proposed Ordinance No. 1062 setting hours of operation for pool or billiard parlors,
amusement parlors, and game rooms - City Attorney (Exhibit 2).
Council Member moved; seconded by Council Member
b) Vote on motion to read by title only.
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD WILLIAMS - YEA OTION CARRIED.
c) City Attorney to read proposed Ordinance No. 1062 by title only.
Attorney Cook read proposed Ordinance No. 1062 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA AMENDING CODE OF ORDINANCES SECTIONS 14-175 THEREOF, SETTING HOURS OF
OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PERMITTING SPECIAL
EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, PROVIDING AN EFFECTIVE DATE."
2. a) Motion t adopt Ordinance No. 1062.
Council Memberoved; seconded by Council Member
b) Public discussion and comments.
c) Vote on motion.
VOTE
KIRK - YEA MARKHAM - YEA ' YEA
WATFORD - YEA WILLIAMS - YEA OTION CARRIE
CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE PUBLIC HEARING ATP.M.
Page 4 of 8
•
IX. UNFINISHED BUSINESS.
A. Discuss the motion to adopt proposed Resolution No. 10-04, which was postponed from the April 6, 2010 meeting to
allow the City Attorney to review and revise the content - City Administrator (Exhibit 3).
Proposed Resolution No. 10-04's title reads as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE ROAD 70 AND U. S. HIGHWAY441 INTERSECTION
IMPROVEMENT PROJECT; AND AGREEING TO REVERT THE CITrS TITLEAND INTEREST IN CERTAIN PARCELS OF
FLAGLER PARK TO THE HAMRICK TRUST, PROVIDING AN EFFECTIVE DATE."
On April 6, 2010, Council Member Watford moved to adopt proposed Resolution No.10-04 regarding the acquisition of property
from Flagler Park for the SR 70 and US 441 Intersection Improvements Project; seconded by Council Member Williams.
Council Members Watford and Markham moved to postpone action until the April 20 2010 meeting, the motion was
carried.
VOTE
KIRK - YEA MARKHAM - YEA O'CO
WATFORD - YF� Q WILLIAMS - YEA OTION CARRIED.
Page 5 of 8
•
•
X. NEW BUSINESS.
A.1. a) Motion to read by title only and set May 4, 2010 as a final public hearing date for proposed Ordinance No. 1063
regarding pain mar ement clinics - City Attorney (Exhibit 4).
Council Member moved ; seconded by Council Member Ll
b) Vote on motion to read by title only and set public hearing date.
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD • ol)-qljWILLIAMS -YEA OTION CARRIE_!',
c) City Attorney to read proposed Ordinance No. 1063 by title only.
Attorney Cook read proposed Ordinance No. 1063 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA ENACTING A ONE YEAR MORATORIUM UPON THE ACCEPTANCE OF ZONING OR LAND
USEAMENDMENTS, IN THE LAND DEVELOPMENT CODE, ORDINANCE 716, AND THE ISSUANCE OF BUSINESS TAX
LICENSE UNDER CH. 50 CODE OF ORDINANCES, AND APPLICABLE REQUESTS FOR APPROVAL OF PAIN
MANAGEMENT CLINICS, OR DRUG MANAGEMENT CLINICS, AS DEFINED HEREIN; WITHIN THE CITY OF
OKEECHOBEE, FLORIDA; FURTHER PROVIDING FORAPPEALAND REVIEW PROCESS; PROVIDING FOR CONFLICTS,
SEVERABILITY, PROVIDING AN EFFECTIVE DATE."
2. a) Motion to approv t e first reading of proposed Ordinance No 1063.
Council Member moved; seconded by Council Member
b) Discussion.
A
l 17
c) Vote on motion. f4l�
VOTE
KIRK - YEA MARKHAM - YEA O'C R -J1W
WATFORD - YEA WILLIAMS �s A MOTION CARRI
Q
Z—,-__P e 6 Of 8
B. Motion to approve the Amennd Restated Interlocal Agreement Creatilhe Treasure Coast Regional League
of Cities - Councilman Watfor xhibit 5).
Council Member moved �-I,', seconded by Council Member
VOTE
KIRK - YEA MARKHAM - YEA O'CONNOR - YEA
WATFORD - YEA WILLIAMS - YEA OT10N CARRI .
C. Motion to pward a bid for the City Hall restroom renovations - Cit Administrator (Exhibit 6).
Council Member moved; seconded by Council Member
lAs 4"� Y
l�
VOTE
KIRK - YEA MARKHAM - YEA O'
WATFORD - YEA WILLIAMS - YEA �ARRIED.
Page 7 of 8
D. Consider a temporary street clg for SW 4th Street between SW 5th and 6thnues from 3:00 p.m. on May 14, 2010
to Noon on ay 16, 2010,for fRFd events at the ROC, submitte byf Irst Ba Ist Church - City Clerk (Exhibit 7),
Council Member �y'� moved; seconded by Council Member k 'ELL A -el „
VOTE
KIRK - YEA MARKHAM - YEA O' R - YEA
WATFORD - YEA WILLIAMS - YEA OTION CARRIED.
E. Consider accepting property at S.W. 71h Avenue and S.W. 21s` Street to be deeded to the City from property owners
D.Wells, L. Graisbery, and M. McHair, and pay the survey invoice from Leland Dyals Land Surveying in the amount
of $200.00 - Cit Attorney (Exhibit 8).
Council Member moved; seconded by Council Member
n t y� �
KIRK - YEA
WATFORD - YEA
MARKHAM - YEA
WILLIAMS - YEA
OTION CARRIED
XI. ADJOURN MEETING - Mayor. 3
There being no further items on the agenda, the meeting was adjourned at p.m. The next meeting will be May 4, 2010
at 6:00 p.m.
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,
he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.
City Clerk media are for the sole purpose of backup for official records of the Clerk.
Page 8 of 8
•
•
INDEPENDENT
NEWSPAPERS
0KI FC11013F.E NEWS 1074bti. 17th Strcet, Suite D, Ok •, 01, +,-v, I - i-I`7-1 (863) 763-3134
J
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Judy Kasten, who on oath says she is
Advertising Director of the Okeechobee News, a three
times a week Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
in the matter of
in the 1.9th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
f udy Kasten
Sworn to and subscribed before me this
day of _AD
Notary Public, State of Florida at Large
i
pvOTARY PUBLIC -STATE OF FLORIDA
Angie Bridges
:Commission #UD779718
Expires: APR. 20, 2012
30NDED THRII ATLANTIC BONI)ING CO, INC..
CITY couNQL MEETING NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of C
chobee will meet in Regular Session on Tuesday, Apr& 20 2010, 1
p.m., at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, Florida. Thep
is invited and encouraged to attend.
PLEASE TAKE NOTICE AND BE ADVISED that no stenographic record
certified court reporter will be made of the foregoing meeting. Atcordi
any person who may seek to appeal any decision invohdng the matters
ticed herein will be responsible for making a verbatim record of the test
nyy and evidence at said meeting upon which any appeal Is to be W
Please mntaU City Administration at 863-763-3372, or website
XM www
to obtain a copy of the agenda.
In aomrdance with the Americans with Disabilities Act (ADA) of 1990
sons needing special accommodation to participate in this proceE
should mMact the City Clerk's Office at 863-763-3372 for assistance.
by: lames E. 10rk, Mayor
Lane Gamiotea CMC, City Clerk
351376 ON 4/16/16
CITY OF OKEECHOBEE
APRIL 20, 2010
REGULAR CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE 10F 4
I. CALL TO ORDER. MAYOR: April 20, 2010, City Council Regular Meeting, 6:00 p.m.
II. OPENING CEREMONIES: Invocation given by Rev. Gwen Livatt, St. Stephens A.M.E.
Pledge of Allegiance led by Mayor.
III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Lowry Markham
Council Member Mike O'Connor
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Administrator Brian Whitehall
City Attorney John R. Cook
City Clerk Lane Gamiotea
Deputy Clerk Melisa Jahner
Police Chief Denny Davis
Fire Chief Herb Smith
Public Works Director Donnie Robertson
IV. PROCLAMATIONS AND PRESENTATIONS - Mayor.
QS
A. Proclaim the week of May 2 - 8, 2010 'Municipal Clerk's Week."
B. Present a Five Year Service Award to Russell Cale.
2010 PAGE 2 OF 4
V. WARRANT REGISTER - City Administrator.
A. Motion to approve the March 2010 Warrant Register.
General Fund $449,154.60
Capital Projects -Impact Fee Fund $ 43,817.40
Public Facility Fund $ 24,136.47
Capital Projects -Improvement Fund $ 18,871.10
VI. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of Council Action for the April 6, 2010 Regular Meeting - City Clerk.
t VII. AGENDA - Mayor.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor.
A.1.a) Motion to read by title only proposed Ordinance No. 1060 for Application No. 10-001-R submitted by D & A Properties, Inc. to rezone a tract of land
consisting of 0.84 acres from Residential Single Family -One (RSF-1) to Light Commercial (CLT) Zoning District - City Planning Consultant (Exhibit 1).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1060 by title only.
2.a) Motion to adopt Ordinance No. 1060.
b) Public discussion and comments.
c) Vote on motion.
120, 2010 PAGE 3 of 4
VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED.
B.1.a) Motion to read by title only proposed Ordinance No. 1062 setting hours of operation for pool or billiard parlors, amusement parlors, and game rooms -City
Attorney (Exhibit 2).
b) Vote on motion to read by title only.
c) City Attorney to read proposed Ordinance No. 1062 by title only.
• 2.a) Motion to adopt Ordinance No. 1062.
b) Public discussion and comments.
c) Vote on motion.
CLOSE PUBLIC HEARING.
IX. UNFINISHED BUSINESS.
A. Discuss the motion to adopt proposed Resolution No.10-04, which was postponed from the April 6, 2010 meeting to allow the City Attorney to review and
revise the content - City Administrator (Exhibit 3).
X. NEW BUSINESS.
A.1.a) Motion to read by title only and set May 4, 2010 as a final public hearing date for proposed Ordinance No.1063 regarding pain management clinics -City
Attorney (Exhibit 4).
b) Vote on motion to read by title only and set public hearing date.
c) City Attorney to read proposed Ordinance No.1063 by title only.
2.a) Motion to approve the first reading of proposed Ordinance No. 1063.
b) Discussion.
2010 PACE 4 of 4
X. NEW BUSINESS CONTINUED.
A.2.c) Vote on motion.
B. Motion to approve the Amended and Restated Interlocal Agreement Creating the Treasure Coast Regional League of Cities - Councilman Watford
(Exhibit 5).
C. Motion to award a bid for the City Hall restroom renovations - City Administrator (Exhibit 6).
D. Consider a temporary street closing for SW 4'h Street between SW 51h and 6th Avenues from 3:00 p.m. on May 14, 2010 to Noon on May 16, 2010,for field
events at the ROC, submitted by First Baptist Church - City Clerk (Exhibit 7).
E. Consider accepting property at S.W. 7' Avenue and S.W. 21" Street to be deeded to the City from property owners D.Wells, L. Graisbery, and M. McHair,
and pay the survey invoice from Leland Dyals Land Surveying in the amount of $200.00 - City Attorney (Exhibit 8).
XI. ADJOURN MEETING.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such
interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings, which record includes the testimony and evidence
upon which the appeal is to be based. City Clerk media is for the sole purpose of backup for official records of the Clerk.
WHEREAS, the Office of theMunicipal Clerk, a time honored and vital part of local government
exists throughout the world; and
WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens,
the local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and
impartiality, rendering equal service to all; and
WHEREAS, the Municipal Clerk serves as the information center on functions of local
government and community; and
WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of
the Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meetings of their state, province, county and international
professional organizations; and
WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the
Municipal Clerk.
NOW THEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby
proclaim May 2 through May 8, 2oio, as "MUNICIPAL CLERKS WEEK," and further
extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks
for the vital services they perform and their exemplary dedication to the communities they
represent.
In witness whereof I have hereunto set my
hand and caused this seal to be affixed.
E. Kirk, Mayor
To:
From:
Subject:
Date:
MEMORANDUM
Debi Large (REACH FM), Charles Murphy (WOKC)
Clerk Gamiotea, City Clerk
Municipal Clerks Week, May 2-8, 2010
April 20, 2010
(Please announce up through May 9, 2010)
Municipal Clerks throughout the United States, Canada and 15 other countries
will celebrate Municipal Clerks Week on May 2 to 8, 2010.
In 1984 President Ronald Reagan issued an official Proclamation recognizing
Municipal Clerks Week and the essential role a Clerk plays in local government.
Although it is one of the oldest positions in local government, few people realize the
vital services Municipal and Deputy Clerks perform for their community. Primarily, they
act as the cornerstone of their council. They also prepare the council agendas, record
and index minutes and maintain the council's ordinance and resolutions files. Other
responsibilities include keeping the official records of the city, conducting local elections
and processing permits. Many serve as financial officers or treasurers and, in some
municipalities, may act as chief administrative officers.
The International Institute of Municipal Clerks (IIMC) sponsors municipal Clerks
Week. Founded in 1947, IIMC is the professional association of 10,000 City, Town,
Township, Village, Borough, Deputy and County Clerks. IIMC is dedicated to improving
the professionalism of the Clerk and increasing the productivity of local government.
•
HISTORY OF THE MUNICIPAL CLERK
EARL Y BEGINNINGS
The Municipal Clerk is the oldest of public servants in local government, along with the tax collector. The profession
traces back before Biblical times. For example, the modern Hebrew translation of Town Clerk is "Mazkir Ha'ir" which
literally translated, means city or town "Reminder:' The early keepers of archives were often called "Remembrancers:'
and before writing came into use, their memory served as the public record.
Ancient Greece had a city secretary who read official documents publicly. At the opening of a meeting, one of his first
duties was to decree a curse upon anyone who should seek to deceive the people.
St. Paul and his followers during his missionary work in Persia (now Western Turkey) owed their safety to the action of
a town clerk. As related in Acts 19:22-41, written in A.D. 58, the artisans of Ephesus who made the idols of the time,
feared the effect of Paul's missionary work on their trade. They incited a mob to seize two of Paul's followers. The town
clerk, however, spoke out against this action and insisted that charges laid against these men had to be settled in the
proper manner and before the proper authorities. There was no justification for riotous conduct. With that, he dispersed
the crowd.
Reportedly, the regency line of France descends from the office of the Clerk! According to James Bryce in his book
"The Holy Roman Empire," there is a direct link between the position of Mayor of the Palace, a clerical post created by
the Merovingian Kings of France, and all subsequent Kings of France.
In the eighth century, the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of
clerical and administrative tasks for the King including collecting taxes and fees, publishing documents, keeping state
records and assisting in the enforcement of the King's justice.
In 751, the Merovingian King, Childeric, was deposed and his assistant, Pippin, the Mayor of the Palace, became not
only the monarch of France but was simultaneously created a Patrician of Rome by Pope Gregory the Third. Pippin
was, in turn, father of the great Charlemagne, the first Holy Roman Emperor and founder of the Carolingian Dynasty of
Europe on High, which in successive generations, produced the Kings of France, as well as the Emperors of Germany
and Austria.
DEVELOPMENT IN ENGLAND
The title "Clerk" as we know it developed from the Latin clericus. During the Middle Ages, when scholarship and writing
were limited to the clergy, clerk came to mean a scholar, especially one who could read, write, and thus serve as
notary, secretary, accountant and recorder.
In ancient England, the township (surrounded by its hedge or "tun") and the borough (an outpost fortified with a wall)
developed a strong system of democratic local government. And one of the first officials these freemen elected was
the "Clarke."'
The beginning of the office of city clerk in England can be traced back to 1272 A.D. in the history of the Corporation of
Old London. The "Remembrancer" was called upon to remind the councilors (members of the council) what had
transpired at their previous meetings, since the meeting of the early councils were not recorded in written minutes.
In 1354, the Mayor of Nottingham appointed the Clarke and provided for his remuneration. In 1439, Symkyn Birches
was awarded the office of "Toun Clerk" in another community for the rest of his life. In 1477 Thomas Carton, a town
clerk, was the first English printer, and served as diplomat for the King. In 1485, Nicholas Lancaster, the Clarke,
became Mayor of York.
In the 1500's in England, there were not only the 'Town Clarke" but also the "Clerc Comptroller of the King's Honorable
Household. In 1603, there was a "Clarke General of the Armie." Indeed, King Henry the Eighth had a "Clarke of the
Spicery" and King Charles had his "Clarke of the Robes."
Perhaps the strongest statement of the unique position occupied by the Municipal Clerk is by an English Court in the
Middle Ages ruling in the case, Hurle-Hobbs ex parte Riley and another. Concerning this case, Chief Justice Lord
Caldecote, observed: "The office of town clerk is an important part of the machinery of local government. He may be
said to stand between the local Council and the ratepayers. He is there to assist by his advice and action the conduct
of public affairs in the borough and, if there is a disposition on the part of the council, still more on the part of any
member of the council, to ride roughshod over his opinions, the question must at once arise as to whether it is not his
duty forthwith to resign his office or, at any rate, to do what he thinks right and await the consequences."
COLONIAL DEVELOPMENT
When the early colonists came to America they set up forms of local government to which they had been accustomed,
and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth,
Massachusetts, they quickly appointed a person to act as recorder. That person kept all the vital records for birth,
marriages and deaths for the church, as well as various other records of appointments, deeds, meetings, and the
election of officers at the annual town meeting.
Indeed, in Massachusetts, the town clerk was one of the earliest offices established in colonial towns. The settlers
were well aware of the importance of keeping accurate written records of their agreements and actions including
grants of land, regulations governing animals, the collection of taxes and the expenditure of town funds.
The person given the responsibility for recording these orders was also often given other duties, such as sweeping the
meeting -house and selling the seats, ringing the bell, and paying the bounty for jays and blackbirds whose heads were
presented to him by the citizens. By the middle of the 17th century, the title town clerk appears in town records and this
title has continued to the present.
One of the earliest statutory duties imposed by the Massachusetts General Court on town clerks was recording births,
deaths and marriages. Since that time, the General Court has formalized by statute many of the duties first delegated
by vote of the town and has added others. By 1692, the town clerk was required to enter and record divisions of land
and orders of the selectmen as well as all town votes, orders and grants. Warrants directed to the constable for the
collection of taxes were to be signed by the assessors or the town clerk. Between 1742 and 1756, the General Court
made the town clerk responsible for maintaining a list showing each inhabitant's property value and for producing it, if
necessary, to substantiate a person's voting rights. The town clerk was required to administer and record the oath of
office taken by town officials. By 1776, the town clerk was empowered to call town meetings to elect selectmen if a
majority of the selectmen had moved from the town or were absent in the service of the country.
The office of town clerk of Wethersfield, Connecticut, was established in 1639 and that person was to "keep a record of
every man's house and land," and to present "a fairly written" copy of such to every General Court to be recorded by
the secretary of the colony. In the first municipal election in New York City in 1689, the offices of Sheriff, Mayor and
City Clerk were on the ballot.
The Puritan town of Woodstock, Massachusetts, appointed a town clerk in 1693 to record deeds and mortgages and to
record the books. Because the town's people wanted to keep him on a permanent basis, he was given 20 acres of land
and a fee of 12 pence for each town meeting plus 6 pence for each grant filed. The Town Clerk of Middleboro, Mass.,
on the other hand was compensated with "one load of fish taken at the herring -weir and delivered to his house." Three
centuries later, one of his seventh -great-grandchildren is serving as City Recorder of the city of Newport, Oregon.
Over the years, Municipal Clerks have become the hub of government, the direct link between the inhabitants of their
community and their government. The Clerk is the historian of the community, for the entire recorded history of the
town (city) and its people is in his or her care.
The eminent political scientist, Professor William Bennett Munro, writing in one of the first textbooks on municipal'
administration (1934),`stated: 'No other office in municipal service has so many contracts. It serves the mayor, the
city council, the city manager (when there is one), and all administrative departments without exception. All of them
call upon it, almost daily, for some service or information. Its work is not spectacular,' but it demands versatility,
alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration
this office pulls together.
These words, written' more than 50 years ago, are even more appropriate today.
POEM WRITTEN FOR FACC
James E. Tokley, Sr., Poet Laureate of the City of Tampa,
offered this poem as the invocation at the Opening Session of
the 2006 Annual Conference. All in attendance were moved by
his words. He granted permission for it to be included in City
Desk so it can be shared with all FACC members.
IN GRACE, TO THE GUARDIANS
BY JAMES E. TOKLEY, SR.
POET LAUREATE, CITY OF TAMPA
To the Humble Cleric, in whose eyes
the Past is seen, devoid of Lies
Whose Truth is but a judgment call
of words recorded, all -to -all
Where each is given its proper place
A precise, impartial, sacred space
Entrusted Scribe, to you who've stood
by the Holy Grail of the Common Good,
We bid Good Morning, in the light
of a brief address to the Temple Knights
into whose hands are placed the keys
to the files of Public History.
Though many have seen, t'is few who know
the robes you've worn since long ago,
when the noble Sphinx imparted to you
what you would say, not say or do...
Though all the world might pass away,
a sacred trust, you dare not sway!
Since time immemorial, you have been
the unseen eyes of Kings and Queens
The quiet conscience with few flaws/
The Guardian of the Five Great Laws:
The City Laws, County Laws
Both State and Constitutional Laws
as well as an unofficial nod
to keep the sacred Laws of God!
To do to others as we would
have done to us, in brotherhood
and sisterhood, the extra mile
To serve with patience, faith and style
To keep foremost the legacy
of the fact, you serve humanity!
�l
Therefore, through you, the Truth survives,
Renowned Aristotelian scribe,
Whose judgment was and should always be
Sublime impartiality...
The neutral corner of the Sage,
who balances each•passing age
by the scales of objectivity.
For, to you there is no mystery,
except the rhythm and the rhyme/
of the poetry of recorded time!
109
Thus, throughout the ancient Past,
you have been known and have been cast
as the one who gave the final word
as to what was said and what was heard!
Official Eye, Collecting Ear
Obsessive cypher without fear,
who knows that the truths, which were placed with care
at the Pyramids' feet, clerks put them there!
VI
And so, we call you by your name:
Griot, Plato, Socrates -the same!
Homer, Aristotle, Keeper of the Faith!
Appointed Initiate, Collector of Dates,
who gathers all that we would be,
and stores it, for posterity!
VII
We do not thank you like we should,
You keepers of the Grail of the Common Good!
And so, as we prepare to meet,
We kneel here, humbly, at your feet!
06-26-06
Copyright (C) 2006 James E. Tokley, Sr. All Rights Reserved
W
E
DcAvItic btKTH lGit
PresenteJ To
ltagge,Il Gale
n Appreciation for Your 5 Years of --lard \Vorli anti Dedication
\with tine City of 06eckobee
April 8, 2005 tkroug� April 8, 2010
Service is tke lifeklood of any organization. E—veryt"g flows from it and is nouris%ed 64 it.
Tke City and Your Fellow Citizens leave -Penef itted Greatly 6 Your performance.
presented this 2Oth day of ,A\pril, 2010
James E. Kirk, mayor
bane Gamlotea, GMG, Gttk Glerk
0 . LXMBIT I
AIPRIL 20, 20I0
ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF OKEECHOBEE BY REZONING A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM RESIDENTIAL SINGLE FAMILY -ONE (RSF-1) TO
COMMERCIAL LIGHT (CLT) ZONING DISTRICT; AMENDING THE
ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance
No. 402 in which a revised Official Zoning Map was adopted for said City; and
WHEREAS, D & A Properties, Inc., Anita Nunez, President, owner(s) of the property more
particularly described hereafter, has heretofore filed Petition No. 10-001-R, pursuant
to the Land Development Regulations of the City of Okeechobee for the purpose
of rezoning a certain tract of land consisting of 0.84 acre(s) from Residential Single
Family -One (RSF-1) to Light Commercial (CLT) Zoning District and that this request
be removed from the boundaries of the above mentioned zone to allow for the
processing of the rezoning petition; and
WHEREAS, said petition(s) was reviewed by the City's Planning Board at a duly advertised
meeting held on March 18, 2010, and determined to be consistent with the
Comprehensive Plan while duly noting that the Planning Staff Report is
recommending Light Commercial (CLT) as a more appropriate zoning; and
WHEREAS, the City Council has not agreed with the recommendation of the Planning
Board to rezone the property to Heavy Commercial (CHV), and hereby finds such
rezoning to Light Commercial (CLT) consistent with the City's Comprehensive Plan
and deems it in the best interest of the inhabitants of said City to amend aforesaid
revised Zoning Map as hereinafter set forth;
NOW THEREFORE, be it ordained before 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; that:
SECTION 1. LEGAL DESCRIPTION.
The following described land, located in the City of Okeechobee, to -wit:
LOTS 1 THROUGH 5, BLOCK 147, CITY OF OKEECHOBEE SUBDIVISION, OF
THE PLAT OF OKEECHOBEE AS RECORDED IN PLAT BOOK 5 PAGE 5 OF
THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
SECTION 2. ZONING MAP AMENDMENT.
That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to
reflect the subject property (0.84 acres) zoning classification to be changed from
Residential Single Family -One (RSF-1) Zoning District to Light Commercial (CLT)
Zoning District.
SECTION 3. CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Ordinance No. 1060 Page 1 of 2
SECTION 4. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading public hearing on this 61h day of April, 2010.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
ADOPTED after First Public Hearing this 201 day of April, 2010.
ATTEST:
James E. Kirk, Mayor
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Ordinance No. 1060 Page 2 of 2
• •
414DEPENDENT _
CMMNEWSPAPERS
0KVFCf10BI L NFIVS 107 ti.61:_ 3?th Stiret, 4uite !� ORr.•rherh�r, f L bl �?F (863) —,63-37,34
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Judy Kasten, who on oath says she is
Advertising Director of the Okeechobee News, a three
times a week Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attacLi-eil copy of
advertisement being a
in the matter of
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Judy Kasten
Sworn to and subscribed before me this
_-__day of -_ -. -__ _ _= AD
Notary Public, State of Florida at Large
d p
o
NOTARY PUBLIC -STATE OF FLORIDA
Angie Bridges
Commission # DD779718
`= 1` Expires: APR. 20, 2012
801a)EA THRU ATLANTIC BONDING CO.,1NC.
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CRY ORDINANCE
TAKE NOTICE that the City Council of the City of OkeechoM
on Tuesday, April 20, 251 at 6:00 p.m, or as soon therea
it
City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a
JG on and thereafter to consider final reading of the followi
into law: 1060: AN ORDINANCE OF THE CRY OF OK
FOR CONRICts, SEVERABIL.RY AND AN EFFECTIVE DATE.
The Ordinance B regarding Rezoning Petition No. IHO1•R, submitted
property owner, D & A Properties, Inc. Anita Nunez, President, to than
the zoning district from RSF-1 to CLT, for property located at 310 NE 7
Street, Legal Desorption: Lots 1 to 5 of Block 147, City of Okeechobee,
recorded in Plat Book 5, Page 5, Public Records of Okeechobee Court
Florida and is approximately 0.84 acre(s).
A coPy of the agenda may be obtained from the City website www.dtyol
keechobee:com, or contact Administration, (863) 763-3372 x 212. A cc
of the entire application(s) is available at the City Clerk's Office during rec
far business hours, Mon -Fri, 8am4:30pm, except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to
peal any decision made by the City Council with respect to any matter a
sitlered at this meeting, or hearing will need to ensure a verbatim record
the proceedings is made, which record includes the testimony and evider
upon which the appeal is to be based. City Clerk media are used for the s
purpose of bade -up for the department.
In accordance with the Americans with Disabilities Act (ADA) of 1990 p
sons needing special accommodation to participate in this proceed
should contact the Administration Office at 863-763-3372 for assistance.
Lane Gamiotea, CIVIC, CITY CLERK
351032 ON 4/9/10
•
• EXHIBIT 2
APBIL 20, 2010
ORDINANCE NO. 1062
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING
CODE OF ORDINANCES SECTIONS 14-175 THEREOF; SETTING HOURS
OF OPERATIONS FOR POOL OR BILLIARD PARLORS, GAME ROOMS,
AMUSEMENT PARLORS; PERMITTING SPECIAL EXCEPTIONS;
PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has, since initial ordinance adoption in 1982,
restricted the ability of a business in Okeechobee in its hours and days of operation
of pool or billiard parlors, amusement parlors and game rooms; and
WHEREAS, over the past twenty-eight years the City of Okeechobee has seen
tremendous growth, with the addition of business enterprises, including of those
which install and operate games, such as pool tables; and
WHEREAS, the economic viability of business within the City of Okeechobee is an
important element of the local economy, and unreasonable restrictions upon hours
and times of operation of certain businesses create an unnecessary hurdle to the
success of such business; and
WHEREAS, the operation of pool or billiard parlors, amusement or game rooms can be
wholesome family entertainment, if managed properly, and those which fail to
operate within the limits of local ordinance should face consequences, upon proper
notice.
NOW THEREFORE, the City Council for the City of Okeechobee, Florida, does herein
approve, adopt and amend the City Code of Ordinances as follows:
I. THAT Section 14-175, Code of Ordinances for the City of Okeechobee, Florida, is
amended in the following respects:
Section. 14-175. Pool or billiard parlors, game rooms, amusement parlors.
(a) Any feel business establishment located in the City with a current
Business Tax Receiet as provided by law, except as hereafter set forth, may
promote, conduct or permit to be conducted, the placement of pool or billiard
tables, or amusement devices, in business the establishment, including
those that are lawfully licensed to sell and serve alcoholic beverages, for use
and enjoyment by its patrons, invitees or guests at the establishment; subject
to compliance with all applicable eedes local and state codes, ordinances or
statutes, including those regs of the establishm , but not
limited to fire safety, occupancy limits, health and building codes, compliance
with codes concerning sale of alcohol and hours of operation, or other
reet�t applicable code protecting the health, welfare and or safety of
t�°re our citizens.
1. For ourooses of this ordinance. amusement devices are defined as
those machines or gaming devices whereby a patron must pay or
insert money to play various games, usually video in nature, pin -ball,
poker, or similar games of chance, with the possibility of reward for
playing successfully, such as money, additional free games, points,
or other reward.
Language to be added Is underlined
Language to be deleted is struck through Page 1 of 3
(b) If the tise of pool or billiard tables is made in ccrijumetion with anotheir
> but not limited ,
a separate heense for sueh use, tinder the provisions of this Ghapter and
No business shall be issued a Business Tax Receipt
to permit or otherwise conduct or condone the business of pool or billiard
parlor, game room or amusement parlor within 500 feet of real property
currently operating as a house of worship church or other congregation
designated as such or public or private school or day care center, and
qualifying as such under City Codes and applicable sections of State law,
orthe Internal Revenue Code. The distance shall be measured from the front
door of the business containing pool and billiard tables or amusement
devises, to the front door of the church school or day care center, in a
straight line. Any existing and licensed business operating at the time of
adoption of this ordinance that may be closer than the allowed 500 feet may
continue in operation, but shall not be granted a development permit to
enlarge or otherwise expand the business other than normal maintenance
and repair. Upon sale assignment or transfer of such business by the owner
or authorized agent thereof, to any other person or entity, such business
shall cease and shall not be issued a new or transferred Business Tax
Receipt, unless such business were to continue in operation without the pool
or billiard parlor, amusement devices or game room
Lcj For an establishment with a valid liquor or intoxicating beverage license it
shall be unlawful for any pool or billiard parlor amusement parlor or game
room to be operated from the hours of 2:00 a.m. and 7.00 a.m. on Tuesday
through Saturdays from midnight Sunday to 7.00 a.m. Monday: and from 2.00
a.m. to 12:00 p.m. -Noon on Sundays For an establishment with such games
or amusement devices that do not hold a license to sell and serve liquor or
intoxicating beverages, such hours of operation may be those as set by the
business owner, or as permitted under applicable City Codes or Business Tax
Receipt. Any licensed business may seek a Special Exception to the location
of operation, and these hours of operation upon application to department of
General Services upon compliance with the application form and conditions
required by the department.
That compliance with these regulations is a precondition to continued
operation of a business and its Business Tax Receipt therefore a violation
of this ordinance as it pertains to hours of operation occupancy, and sale of
alcoholic beverages or other City Codes may be enforced in the following
manner by any Law Enforcement Officer Code Officer, or Fire Chief or his
designee:
1. For a first violation a written warning signed by the owner, manager
or authorized agent of the owner.
2. For a second or subsequent violation a citation on approved forms
used by Code Enforcement for referral to either the City Code Board
or County Court, in the manner provided for in City Codes
3. For a third or subsequent violation revocation of the Business Tax
Receipt for the business location including any other business
conducted on the premises upon written notice of intent to revoke by
the City Administrator.
a. For purposes of this ordinance it is prima facie evidence of
violation of this ordinance upon acknowledgment by the owner
or authorized agent of the owner by signing a warning: or by a
factual finding of such violation by the City Code Board or by
order of the County Court.
Language to be added is underlined
Language to be deleted Is struck through Page 2 of 3
Lej Upon a third or subsequent violation the business owner or authorized agent
thereof may appeal a revocation of Business Tax Receipt to the City Council
as provided in Section 50-41 of the City Codes.
ff That the failure of the City to issue citations or enforce this ordinance in any
incident shall not be considered a bar to subsequent issuance of penalties
by the City as provided herein.
Section 14-176. . Reserved.
INTRODUCED for first reading and set for final public hearing on this 61h day of April,
2010.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 201h day of April,
2010.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Language to be added Is underlined
Language to be deleted is struck through Page 3 of 3
•
•
4NDEPENDENT _
NMM NEWSPAPERS
0KFF( IRMFE NEWS 107 ti, VI; 17th Stn ct, Suite O, Mcochut e, PI_ '4,�7; (803 763-3134
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Judy Kasten, who on oath says she is
Advertising Director of the Okeechobee Nees, a three
times a week Newspaper published at Okeechobee, in
Okeechobee. County, Florida, that the attached copy of
advertisement being
in the matter of
in the 19th Judl�ial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
-- -- Judy Kasten
sworn to and subscribed before me this
----day of r'_�_ l_�_ AD
Notary Public, State of Florida at Large
NOTARY PUBLIC -STATE OF FLORIDA
Angie Bridges
Commission # DD779718
,,.••` Expires: APR. 20, 2012
BONDED THRU ATLANTIC BONDING CO, INC.
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDDfMICE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Hurl,
da will on Tuesdayy, Hpr i 20, 2010 at 6:00 p.m. or as soon thereafter pos-
sible, at City Hal Sri
3rd Ave., Okeechobee, FL conduct a PUBLIC
HEARING on and thereafter to consider final reading of fhe foibwi Ord-
nance Into law: 1062: AN ORDINANCE OF THE CITY OF OI(E
BE RORIDA AMENDM CODE OF ORDINANCES SECTIONS
11-�75 THEREOF; SETTING HOURS OF OPERATIONS FOR POOL OR
BILLIARD PARLORS, GAME ROOMS, AMUSEMENT PARLORS; PER-
MITTING SPECGL EXCEPTIONS; PROVIDING FOR PENALTIES;.
PROVIDING FOR CONFLICTS, PROYIDING AN EFFECTIVE DATE.
A ccooppyy of the agenda may be obtained from the City website www.cityoto-
keechobee.com, or contact Administration, (863) 763-3372 x 212. A copy
of the entire app8ratlon(s) FS a -41W at the City Clerk's MID during regu-
lar business hours, Mon- , s a ya :30pm; except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that it any person desires to ap-
peal �btlgortrn�ito jp ataeccon-
sideredatsme heag will ensure respect verbatim
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. City Clerk media are used for the sole
purpose of back-up for the department.
In accordance with the Americans with Disabilities Act (ADA) of 1990 per-
sons needing special accommodation to partidpate in this proceeding
should contact the Administration Office at 863-763-3372 for assistance,
Lane Gamiotea, CMC, CITY CLERK
351030 ON 4/9/10
• 0 LXHIBIT 3
RESOLUTION NO. 10-04
AIPRIL 20, 2010
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE
ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT
PROJECT; AND AGREEING TO REVERT THE CITY'S TITLE AND
INTEREST IN CERTAIN PARCELS OF FLAGLER PARK TO THE
HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has in its adopted Five Year Work
Program [FPID No. 424846-1-32-01 ]a project to improve the SR 70/US 441 Intersection which
will require the acquisition of property from Flagler Park that is currently operated and
maintained by the City of Okeechobee; and
WHEREAS, the City Council of Okeechobee (City) supports the proposed design concept for
intersection improvement project as presented at this meeting and as was previously
presented to the public at a public workshop on April 1, 2010.
NOW THEREFORE, that such intent was presented at a duly advertised public meeting; and passed
by majority vote of the City; it is resolved by the City of Okeechobee, Florida, that:
a. That FDOT has indicated its intent to implement the five year work program under FPID
No. 424846-1-32-01 for intersection improvements at SR 15 (Highway 441) and SR 70,
which will require acquisition of a portion of Flagler Park;
b. That the precise area of acquisition has not been determined, but estimated and
preliminary at this time to be 0.80 +/- acres, which will be precisely set forth at the time
of completion of survey and project engineering;
C. That such acquisition and improvements in any event will not materially interfere with
the public's use and enjoyment of the park; that any oak trees or landscaping lost will
be replaced by FDOT, together with sidewalks and utilities as will be contained in final
engineering plans; and that the Veteran's Park and monuments therein will not be
moved or destroyed.
d. That at such time within this five year work program as the FDOT announces its intent
to acquire that portion of Flagler Park as described herein, and finalizes its agreement
of right-of-way compensation, the City agrees, upon request, to release and revert its
title and interest in that portion of Flagler Park to the trustees of the Hamrick Trust, as
it is generally known.
e. That regardless of this agreement, until such time as FDOT actually acquires title to
that portion of Flagler Park by recorded instrument, the real property shall retain it
present status as a public park, operated by the City for the use and enjoyment of the
public, and not subject the Hamrick Trust to any imposition of assessment, tax, or other
obligation.
This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 20" day of April. 2010
ATTEST:
Lane Gamiotea, CIVIC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 10-04 Page 1 of 1
James E. Kirk, Mayor
• • LXHIBIT 4
APRIL 20, 2010
ORDINANCE NO. 1063
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA ENACTING
A ONE YEAR MORATORIUM UPON THE ACCEPTANCE OF ZONING OR
LAND USE AMENDMENTS, IN THE LAND DEVELOPMENT CODE,
ORDINANCE 716, AND THE ISSUANCE OF BUSINESS TAX LICENSE
UNDER CH. 50 CODE OF ORDINANCES, AND APPLICABLE REQUESTS
FOR APPROVAL OF PAIN MANAGEMENT CLINICS, OR DRUG
MANAGEMENT CLINICS, AS DEFINED HEREIN; WITHIN THE CITY OF
OKEECHOBEE, FLORIDA; FURTHER PROVIDING FOR APPEAL AND
REVIEW PROCESS; PROVIDING FOR CONFLICTS, SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is commonly known in South Florida via news media; televised and
newspaper reports; court records, and studies conducted in other Florida
jurisdictions that pain management clinics, drug management clinics, or by whatever
label is employed to conduct such business, that such businesses carry the
reputation of being nothing more than "pill mills", or a means by which persons are
able to fill multiple prescriptions for controlled substances and prescription pain
medications from a licensed physician, without doctor -patient interaction,
examination or diagnosis; and
WHEREAS, such clinics dispense thousands of pills to persons, including multiple
dispensing of the same prescription by the patients' use of "doctor shopping", which
is a felony offense in the State of Florida, and that the person often sells the pills to
obtain money to again re -fill their own prescription, which attracts purchasers who
travel from out of state; and
WHEREAS, such clinics cause or have been associated with drug dependance by their
"patients", including the death of patients who overdose by their drug dependency
and the sheer volume of pills that are dispensed; and that criminal activity increases
in areas where such clinics are located; and
WHEREAS, in Chapter 2009-198, Laws of Florida, the Legislature recognized that
pharmaceutical drug diversion hurts this state significantly, in terms of lost lives,
increased crime, human misery from addiction, increased medical costs and
medicaid fraud; and
WHEREAS, neighboring counties and municipalities are enacting moratoriums or
ordinances strictly controlling and limiting such clinics, causing them to relocate to
more rural locations, such as Okeechobee County, in search of venues with lax
licensing and regulation, and;
WHEREAS, the adoption of this moratorium will provide the City of Okeechobee an
opportunity to develop strict regulations that address these secondary effects of
Pain Management Clinics, and their impact on our community, and to protect the
health and welfare of its citizens;
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, as follows:
THAT the terms herein or referenced in this ordinance shall have the following
meanings:
Page 1 of 3
1. MEDICAL OR DENTAL OFFICE. An establishment where patients, who are
not lodged overnight, are admitted for examination or treatment by persons
practicing any form of healing, or health related services, whether such
persons be medical doctors, chiropractors, osteopaths, chiropodists,
naturopaths, optometrist, dentists, or any such professions; who adopt and
perform a standard of practice similar to that described herein; the practice
of which is lawful in the State of Florida, and who are licensed under F.S.
Chapter 395, 400, 458, or applicable statutes. A Pain Management Clinic, or
drug management clinic, or such other clinic that does not qualify under this
section, shall not be considered a medical or dental office.
2. PAIN MANAGEMENT CLINIC. All privately owned Pain Management Clinics,
facilities, or offices, which advertise in any medium for any type of pain
management services, or employ a physician who is primarily engaged in the
treatment of pain by prescribing or dispensing controlled substances as
defined under F.S. Chapter 893 or elsewhere, and are required to register
with the Florida Department of Health pursuant to F.S. 458 or 459. A
physician is primarily engaged in the treatment of pain by prescribing or
dispensing controlled substance medications when the majority of the
patients seen are prescribed or dispensed controlled substances for the
treatment of chronic nonmalignant pain, without significant doctor -patient
interaction, examination and diagnosis, and which clinics do not adopt a
standard of practice similar to that defined herein. Chronic nonmalignant
pain is pain unrelated to cancer, which persists (1) beyond the usual course
of the disease or the injury that is the cause of the pain, or (2) more than 90
days after surgery.
3. AUTHORIZED STANDARD OF PRACTICE. It is recognized thatthere exists
a need for legitimate pain management for patients with chronic non-
malignant pain, and at such time as the City adopts an ordinance regulating
Pain Management Clinics, for such legitimate Pain Management Clinics, the
standards of practice would include, but are not limited to, a complete
medical history and physical examination be conducted and documented in
the medical records prior to commencement of any treatment. The medical
record would document the nature and intensity of the pain, current and past
treatments for pain, underlying or coexisting diseases or conditions, the
effect of the pain on physical and psychological function, a review of prior
medical records, previous diagnostic studies, and history of alcohol and
substance abuse. The medical record would also document the presence of
one or more recognized medical indications for the use of a controlled
substance.
Priorto prescribing ordispensing controlled substances, the patients' records
must include a diagnosis made within 60 days prior to the presentation of the
patient at the office of the clinic, by a licensed physician not practicing, or
having any financial or ownership interest in the Pain Management Clinic, or
there exists a written referral for treatment by a Florida Licensed Physician
not practicing, or having any financial or ownership interest in the clinic,
which was provided within 60 days prior to presentation of the patient at the
clinic.
4. THAT, the intent of this ordinance is to prohibit the establishment of Pain
Management Clinics within the City of Okeechobee for a period of one year
from adoption, to protect the public against illegitimate and dangerous
practices in the prescribing and dispensing of controlled substances, but not
to prohibit the legal prescribing and dispensing of controlled substances by
legitimate offices of medical providers licensed under Florida law, or
pharmacies.
Page 2 of 3
0
•
5. THAT, for any such applicant who hereafter applies for a land use or zoning
change, and application for business tax license to locate and establish a
licensed medical facility that seeks to dispense controlled substances, such
application shall include not only the general information necessary for
purposes of the Building Department and Department of General Services,
but include proposed standards of practice for its patients as defined herein,
in order for the City to determine if the proposed business is indeed a
legitimate entity and not a Pain Management Clinic.
6. THAT, if during the period of this moratorium, the City denies issuance of a
Land use or Zoning change, and Business Tax License for a facility that it
considers a Pain Management Clinic, such applicant may appeal the
decision to the City Administrator. The administrator shall review the
applicants information, including standards of practice, to determine the
nature of the proposed business, provide the applicant a meeting to discuss
the issues, and render a decision as to whether the City has properly denied
the application as a prohibited Pain Management Clinic.
7. THAT, all laws or ordinances in conflict with any provisions of this ordinance
are hereby repealed to the extent of such conflict.
8. THAT, if any section, paragraph, sentence, clause, phrase, word, definition,
or any other item contained in this ordinance is for any reason held by the
court to be unconstitutional, inoperative, void or otherwise invalid, the
balance shall remain in effect and such holding shall not affect the remainder
of this ordinance.
9. THAT, the City of Okeechobee reserves the right, upon public notice, to
extend, modify, or otherwise amend this moratorium from time to time in its
sole discretion, to serve a municipal purpose.
10. THAT, this Ordinance shall become effective upon adoption.
INTRODUCED for first reading and set for final public hearing on this 201h day of April,
2010.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this Wh day of May, 2010.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 3 of 3
James E. Kirk, Mayor
RESOLUTION NO.08-10
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO ADOPT LEGISLATION FURTHER
REGULATING THE DISPENSING OF PRESCRIPTION
DRUGS.
WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety,
and welfare of its residents, businesses, and visitors for regulations to be in place to provide for safer
residential and commercial neighborhoods in the City; and
WHEREAS, the City Commission finds that the illegal sale, use, and delivery of controlled
substances is a threat to the health, safety and welfare of the residents of the City; and
WHEREAS, the City Commission has recently been made aware by law enforcement and
news reports that a pattern of illegal drug use and distribution has been associated with pain
management clinics in neighboring municipalities, which dispense on -site narcotic drugs; and
WHEREAS, the City Commission has also been made aware of numerous newspaper stories
in the recent past describing a "pipeline" of trafficking drugs from South Florida pain management
clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and
WHEREAS, the threat of increased crime associated with such clinics, is very significant and
could undermine the economic health of the City's development and redevelopment efforts; and
WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution
and activities by the creation of a secure and privacy -protected, statewide electronic system of
monitoring prescription drug medication information, to encourage safer controlled substance
prescription decisions and to reduce the number of prescription drug overdoses, deaths and related
crimes; and
WHEREAS, in the absence of regulations identifying where narcotic drugs may be
dispensed, the City's residents, visitors and businesses are more vulnerable to criminal actions,
despite the provision of law enforcement services.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, DOES HEREBY:
Section 1. Encourage the state legislature to recognize the seriousness of illegal
prescription drug use and distribution within the state.
5ection 2. Urge the State Legislature to enact legislation requiring mandatory use, by
doctor's offices, pain management clinics, and pharmacies, of the statewide electronic system of
monitoring prescription drugs; to require owners and operators of pain management clinics to be
certified and possess no felony convictions; to require a pain management certificate to practice pain
management; to prohibit on -site dispensing of Schedule II controlled substances; to limit on -site
dispensing of Schedule III controlled substances to a 72-hour supply; and to authorize penalties for
violations.
Section 3. The City Clerk is hereby directed to provide copies of this resolution to the
President of the Florida Senate, the Speaker of the Florida House of Representatives, Florida
Governor Charlie Crist, the Palm Beach County Legislative Delegation, the Palm Beach County
League of Cities, and the Florida League of Cities.
PASSED AND ADOPTED this 2" day of MARCH, 2010.
MAYOR
ATTEST:
City Clerk
RES. NO.08-10
ORDINANCE NO. 50-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SUBSECTION (LLLL), "MEDICAL OFFICES",
TO PROVIDE FOR CLARIFICATION REGARDING THE
DISPENSING OF NARCOTIC DRUGS; AMENDING
APPENDIX "A" TO PROVIDE FOR DEFINITIONS
RELATED TO THE REGULATION OF MEDICAL
OFFICES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach finds that it is in the best interest of the health, safety,
and welfare of its residents, businesses, and visitors to enact regulations to provide for safer
residential and commercial neighborhoods in the City; and
WHEREAS, the City Commission finds that the illegal sale, use, and delivery of controlled
substances is a threat to the health, safety and welfare of the residents of the City; and
WHEREAS, the City Commission has recently been made aware by law enforcement and
news reports that a pattern of illegal drug use and distribution has been associated with pain
management clinics in neighboring municipalities, which dispense on -site narcotic drugs; and
WHEREAS, the City Commission has also been made aware of numerous newspaper stories
in the recent past describing a "pipeline" of trafficking drugs from South Florida pain management
clinics to users in other states, such as Kentucky, West Virginia, and Ohio; and
WHEREAS, the threat of increased crime associated with such clinics, is very significant and
could undermine the economic health of the City's development and redevelopment efforts; and
WHEREAS, the Florida Legislature has attempted to deter such illegal drug use, distribution
and activities by the creation of a secure and privacy -protected, statewide electronic system of
monitoring prescription drug medication information, to encourage safer controlled substance
prescription decisions and to reduce the number of prescription drug overdoses, deaths and related
crimes; and
WHEREAS, it is the intent of this Ordinance not to interfere with the legitimate medical use
of controlled substances, but rather to prohibit the location of dispensing of narcotic drugs on site at
medial offices, to the extent permitted by law; and
WHEREAS, in the absence of regulations identifying where narcotic drugs may be
dispensed, the City's residents, visitors and businesses are more vulnerable to criminal actions,
despite the provision of law enforcement services; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planrung and Zoning Board reviewed the
proposed text amendment at a public hearing held on September 21, 2009 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Appendix "A", "Definitions",of the Land Development Regulations of
the City of Delray Beach, be and the same is hereby amended to read as follows:
BUSINESS OFFICE Any commercial activity conducted primarily in an office, which does not
involve the sale of commodities or goods on the premises. This definition does not include a
Medical Office.
MEDICAL OFFICE hall mean a facihty 12rovidine services to the public by physicians, dentists
surgeons, chiropractors osteopaths physical therapists nursed acupuncturists podiatrists
optometrists. psychiatrists. (who are also know as health care practitioners) or others who are duly
licensed to practice their respective professions in the State of Florida, as well as others, including
but not limited to technicians and assistants, who are acting under the supervision and control of a
licensed health careMractitioner.
PHARMACY
shall mean a retail establishment primarily
offering goods for retail sale and on -site
dispensing
of prescription
drugs, nonprescription drugs
or both. A retail pharmacy may also offer
accessory
services
such as photo processing, eyeglass care.
etc.
2 ORD. NO. 50-09
1'
0 4
PROFESSIONAL OFFICES includes those vocations in which professed attainments in special
knowledge are practiced, as distinguished from mere skills, and shall be limited to those professions
so classified by the Laws of Florida, and which are conducted as professions and not as a trade or
other business. PROFESSIONAL OFFICES do not include offices for the treatment of animals on
the premises. This definition does not include a Medical Office.
Section 3. That Section 4.3.3, "Special Requirements for Specific Uses",of the Land
Development Regulations of the City of Delray Beach, be and the same is hereby amended by
enacting Subsection 4.3.3 (LLLL), "Medical Offices", to read as follows:
LLL ZMedical Offices:
Applicability. Medical Offices shall be subject to the following:
a) On -site dimensi v—of controlled substances that are identified in Schedule II. III
or IV in Sections 893 03 893.035 or 893 036 Florida Statutes is prohibited unless otherwise
expressly, permitted by statutory or general law. The following are exempt from this prohibition:
(i) A health care practitioner when administering a controlled substance
directly to a patient if the amount of the controlled substance is adequate to treat the patient during
_that particular treatment session.
luu A pharmacist or health care practitioner when administering a controlled
substance to a patient or resident receiving care as a patient at a hospital. nursing home, ambulatory
surgical center hospice or intermediate care facility for the developmentally disabled which is
licensed in this state.
UID A health care practitioner when administering a controlled substance in the
emergency room of a licensed hospital.
Cv) A health care practitioner when administering or dispensing a controlled
substance to a person under the awe of 16.
(v) A health care practitioner when disvensiny a one-time. 72-hour emeroncv
resupply of a controlled substance to a patient.
(2) Appeal An appeal from an administrative determination or board action, excluding the
granting or denial of a variance regarding Medical Offices shall be appealed to the City Commission.
The applicant shall follow the procedures and requirements set forth in Section 2 4 7(F) In addition
to the requirements listed in Section 2.4.7(E) the applicant shall also list the following:
(aIf the applicant is a potential claimant under a federal or state law,• and
(h) That the applicant believes in good faith that the City through implementation of
this section has intentionally or unintentionally violated federal or state law. The law(s) the City has
allegedly violated shall be identified.
3 ORD. NO. 50-09
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section S. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
A.
PASSED
AND ADOPTED in regular session on s nd and final rea ' g on this the
day of , 2009.
Qv�
MAYOVU
ATTEST
City Clerk
First Reading--\J':�mj
Second Reading U
4 ORD. NO. 50-09
• !
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
By the Committees on Criminal Justice; Health Regulation; and
Health Regulation; and Senators Fasano, Gardiner, Aronberg,
Gaetz, and Gelber
591-04798-10
20102272c2
1 A bill to be entitled
2 An act relating to controlled substances; amending s.
3 456.037, F.S.; providing that pain -management clinics
4 that are required to be registered with the Department
5 of Health are business establishments; amending s.
6 456.057, F.S.; providing that the Department of Health
7 is not required to attempt to obtain authorization
8 from a patient for the release of the patient's
9 medical records under certain circumstances;
10 authorizing the department to obtain patient records
11 without authorization or subpoena if the department
12 has probable cause to believe that certain violations
13 have occurred or are occurring; repealing s.
14 458.309(4), (5), and (6), F.S., relating to pain-
15 management clinics; creating s. 458.3265, F.S.;
16 requiring all privately owned pain -management clinics,
17 or offices that primarily engage in the treatment of
18 pain by prescribing or dispensing controlled substance
19 medications or by employing a physician who is
20 primarily engaged in the treatment of pain by
21 prescribing or dispensing controlled substance
22 medications, to register with the Department of
23 Health; providing exceptions; requiring each location
24 of a pain -management clinic to register separately;
25 requiring a clinic to designate a physician who is
26 responsible for complying with requirements related to
27 registration and operation of the clinic; requiring
28 the department to deny registration or revoke the
29 registration of a pain -management clinic for certain
Page 1 of 34
CODING: Words 9trieken are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SS 2272 & CS for SS 2722
30
31
32
33
34
35
36
37
38
39
40
41
42
43'
44
45
46
47
48
49
50
51
52
53
54
55
5E
57
5E
591-04798-10 20102272c2
conditions; authorizing the department to revoke a
clinic's certificate of registration and prohibit
physicians associated with the clinic from practicing
at the clinic's location; requiring a pain -management
clinic to cease operating if its registration
certificate is revoked or suspended; requiring certain
named persons to remove all signs and symbols
identifying the premises as a pain -management clinic;
requiring a pain -management clinic that has had its
registration revoked or suspended to advise the
department of the disposition of the medicinal drugs
located on the premises; providing that medicinal
drugs that are purchased or held by a pain -management
clinic that is not registered may be deemed
adulterated; prohibiting any person acting as an
individual or as part of a group from applying for a
certificate to operate a pain -management clinic for a
certain period after the date the person's
registration certificate is revoked; providing that a
change of ownership of a registered pain -management
clinic requires submission of a new registration
application; providing the responsibilities of a
physician who provides professional services at a
pain -management clinic; requiring the department to
inspect pain -management clinics and its patient
records; providing an exception to inspection by the
department; requiring a pain -management clinic to
document corrective action; requiring the department
and the Board of Medicine to adopt rules; authorizing
Page 2 of 34
CODING: Words st-rieleen are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SS 2272 & CS for SB 2722
591-04798-10 20102272c2
59 the department to impose fines, deny a clinic's
60 registration, or revoke a clinic's registration;
61 amending s. 438.327, F.S.; providing that the
62 commission of certain specified acts involving a
63 nonregistered pain -management clinic constitutes a
64 felony of the third degree or a misdemeanor of the
65 first degree; amending s. 458.331, F.S.; providing
66 additional acts that constitute grounds for
67 disciplinary actions against health professional
68 licensees; repealing s. 459.005(3), (4), and (5),
69 F.S., relating to pain -management clinics; creating s.
70 459.0137, F.S.; requiring all privately owned pain-
71 management clinics, or offices that primarily engage
72 in the treatment of pain by prescribing or dispensing
73 controlled substance medications or by employing an
74 osteopathic physician who is primarily engaged in the
75 treatment of pain by prescribing or dispensing
76 controlled substance medications, to register with the
77 department; providing exceptions; requiring each
78 location of a pain -management clinic to register
79 separately; requiring a clinic to designate an
80 osteopathic physician who is responsible for complying
81 with requirements related to registration and
82 operation of the clinic; requiring the department to
83 deny registration or revoke the registration of a
84 pain -management clinic for certain conditions;
85 authorizing the department to revoke a clinic's
86 certificate of registration and prohibit osteopathic
87 physicians associated with the clinic from practicing
Page 3 of 34
CODING: Words�eleen are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
88 at the clinic's location; requiring a pain -management
89 clinic to cease operating if its registration
90 certificate is revoked or suspended; requiring certain
91 named persons to remove all signs and symbols
92 identifying the premises as a pain -management clinic;
93 requiring a pain -management clinic that has had its
94 registration revoked or suspended to advise the
95 department of the disposition of the medicinal drugs
96 located on the premises; providing that medicinal
97 drugs that are purchased or held by a pain -management
98 clinic that is not registered may be deemed
99 adulterated; prohibiting any person acting as an
100 individual or as part of a group from applying for a
101 certificate to operate a pain -management clinic for a
102 certain period after the date the person's
103 registration certificate is revoked; providing that a
104 change of ownership of a registered pain -management
105 clinic requires submission of a new registration
106 application; providing the responsibilities of an
107 osteopathic physician who provides professional
108 services at a pain -management clinic; requiring the
109 department to inspect pain -management clinics and its
110 patient records; providing an exception to inspection
ill by the department; requiring a pain -management clinic
112 to document corrective action; requiring the
113 department and the Board of Osteopathic Medicine to
114 adopt rules; authorizing the department to impose
115 fines, deny a clinic's registration, or revoke a
116 clinic's registration; amending s. 459.013, F.S.;
Page 4 of 34
CODING: Wordsn are deletions; words underlined are additions.
•
Florida Senate - 2010
CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
117 providing that the commission of certain specified
118 acts involving a nonregistered pain -management clinic
119 constitutes a felony of the third degree or a
120 misdemeanor of the first degree; amending s. 459.015,
121 F.S.; providing additional acts that constitute
122 grounds for disciplinary actions against health
123 professional licensees; amending s. 893.055, F.S.;
124 providing for the prescription drug monitoring
125 program's database to report certain information
126 directly to applicable law enforcement agencies for
127 investigation; requiring the department to adopt
128 rules; amending s. 893.0551, F.S.; providing for
129 disclosure of confidential and exempt information to
130 applicable law enforcement; providing an effective
131 date.
132
133 Be It Enacted by the Legislature of the State of Florida:
134
135 Section 1. Subsection (5) of section 456.037, Florida
136 Statutes, is amended to read:
137 456.037 Business establishments; requirements for active
138 status licenses; delinquency; discipline; applicability.-
139 (5) This section applies to any business establishment
140 registered, permitted, or licensed by the department to do
141 business. Business establishments include, but are not limited
142 to, dental laboratories, electrology facilities, massage
143 establishments, and pharmacies, and pain -management clinics
144 required to be registered under s. 458.3265 or s. 459.0137.
145 Section 2. Paragraph (a) of subsection (9) of section
Page 5 of 34
CODING: Wordssti-j:eken are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
146 456.057, Florida Statutes, is amended to read:
147 456.057 Ownership and control of patient records; report or
148 copies of records to be furnished.-
149 (9)(a)l. The department may obtain patient records pursuant
150 to a subpoena without written authorization from the patient if
151 the department and the probable cause panel of the appropriate
152 board, if any, find reasonable cause to believe that a health
153 care practitioner has excessively or inappropriately prescribed
154 any controlled substance specified in chapter 893 in violation
155 of this chapter or any professional practice act or that a
156 health care practitioner has practiced his or her profession
157 below that level of care, skill, and treatment required as
158 defined by this chapter or any professional practice act and
159 also find that appropriate, reasonable attempts were made to
160 obtain a patient release. Notwithstanding the foregoing, the
161 department need not attempt to obtain a patient release when
162 investigating an offense involving the inappropriate
163 prescribing, overprescribin , or diversion of controlled
164 substances and the offense involves a pain -management clinic.
165 The department may obtain patient records without patient
166 authorization or subpoena from any pain -management clinic
167 required to be licensed if the department has probable cause to
168 believe that a violation of any provision of s. 458.3265 or s.
169 459.0137 is occurring or has occurred and reasonably believes
170 that obtaining such authorization is not feasible due to the
171 volume of the dispensing and prescribing activity involving
172 controlled substances and that obtaining patient authorization
173 or the issuance of a subpoena would jeopardize the
174 investigation.
Page 6 of 34
CODING: Words qti-ieken are deletions; words underlined are additions.
• i
Florida Senate - 2010 CS for CS for SE 2272 & CS for SS 2722
591-04798-10 20102272c2
175 2. The department may obtain patient records and insurance
176 information pursuant to a subpoena without written authorization
177 from the patient if the department and the probable cause panel
178 of the appropriate board, if any, find reasonable cause to
179 believe that a health care practitioner has provided inadequate
180 medical care based on termination of insurance and also find
181 that appropriate, reasonable attempts were made to obtain a
182 patient release.
183 3. The department may obtain patient records, billing
184 records, insurance information, provider contracts, and all
185 attachments thereto pursuant to a subpoena without written
186 authorization from the patient if the department and probable
187 cause panel of the appropriate board, if any, find reasonable
188 cause to believe that a health care practitioner has submitted a
189 claim, statement, or bill using a billing code that would result
190 in payment greater in amount than would be paid using a billing
191 code that accurately describes the services performed, requested
192 payment for services that were not performed by that health care
193 practitioner, used information derived from a written report of
194 an automobile accident generated pursuant to chapter 316 to
195 solicit or obtain patients personally or through an agent
196 regardless of whether the information is derived directly from
197 the report or a summary of that report or from another person,
198 solicited patients fraudulently, received a kickback as defined
199 in s. 456.054, violated the patient brokering provisions of s.
200 817.505, or presented or caused to be presented a false or
201 fraudulent insurance claim within the meaning of s.
202 817.234(1)(a), and also find that, within the meaning of s.
203 817.234(1)(a), patient authorization cannot be obtained because
Page 7 of 34
CODING: Words men are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SE 2272 a CS for SB 2722
591-04798-10 20102272c2
204 the patient cannot be located or is deceased, incapacitated, or
205 suspected of being a participant in the fraud or scheme, and if
206 the subpoena is issued for specific and relevant records.
207 4. Notwithstanding subparagraphs 1.-3., when the department
208 investigates a professional liability claim or undertakes action
209 pursuant to s. 456.049 or s. 627.912, the department may obtain
210 patient records pursuant to a subpoena without written
211 authorization from the patient if the patient refuses to
212 cooperate or if the department attempts to obtain a patient
213 release and the failure to obtain the patient records would be
214 detrimental to the investigation.
215 Section 3. Subsections (4), (5), and (6) of section
216 458 309, Florida Statutes, are repealed.
217 Section 4. Section 458.3265, Florida Statutes, is created
218 to read:
219 458.3265 Pain -management clinics.-
220 (1) REGISTRATION.-
221 (a) All privately owned pain -management clinics,
222 facilities, or offices, hereinafter referred to as "clinics,"
223 which advertise in any medium for any type of pain -management
224 services, or employ a physician who is primarily engaged in the
225 treatment of pain by prescribing or dispensing controlled
226 substance medications, must register with the department unless:
227 1 That clinic is licensed as a facility pursuant to
228 chapter 395;
229 2 The majority of the physicians who provide services in
230 the clinic primarily provide surgical services;
231 3 The physicians who provide services in the clinic
232 primarily provide chiropractic services and do not dispense
Page 8 of 34
CODING: Words n are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
233 controlled substances.
234 4. The clinic is owned by a publicly held corporation whose
235 shares are traded on a national exchange or on the over-the-
236 counter market and whose total assets at the end of the
237 corporation's most recent fiscal quarter exceeded $50 million;
238 5. The clinic is affiliated with an accredited medical
239 school at which training is provided for medical students,
240 residents, or fellows;
241 6. The clinic does not prescribe or dispense controlled
242 substances for the treatment ofpain; or
243 7. The clinic is owned by a corporate entity exempt from
244 federal taxation under 26 U.S.C. s. 501(c)(3).
245 (b) Each clinic location shall be registered separately
246 regardless of whether the clinic is operated under the same
247 business name or management as another clinic.
248 (c) As a part of registration, a clinic must designate a
249 physician who is responsible for complying with all requirements
250 related to re istration and operation of the clinic in
251 compliance with this section. Within 10 days after termination
252 of a designated physician, the clinic must notify the department
253 of the identity of another designated physician for that clinic
254 The designated physician shall have a full, active, and
255 unencumbered license under this chapter or chapter 459 and shall
256 practice at the clinic location for which the physician has
257 assumed responsibility. Failing to have a licensed designated
258 physician practicing at the location of the registered clinic
259 may be the basis for a summary suspension of the clinic
260 registration certificate as described in s 456.073(8) for a
261 license or s. 120.60(6).
Page 9 of 34
CODING: Wordsst-L-ieleen are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SS 2272 & CS for SB 2722
591-04798-10 20102272c2
262 (d) The department shall deny registration to any clinic
263 that is not fully owned by a physician licensed under this
264 chapter or chapter 459 or a group of physicians, each of whom is
265 licensed under this chapter or chapter 459; or that is not a
266 health care clinic licensed under part X of chapter 400.
267 (e) The department shall deny registration to any pain-
268 management clinic owned by or with any contractual or employment
269 relationship with a physician:
270 1. Whose Drug Enforcement Administration number has ever
271 been revoked.
272 2. Whose application for a license to prescribe, dispense,
273 or administer a controlled substance has been denied by any
274 jurisdiction.
275 3. Who has been convicted of or plead guilty or nolo
276 contendere to, regardless of adjudication, an offense that
277 constitutes a felony for receipt of illicit and diverted drugs,
278 including a controlled substance listed in Schedule I, Schedule
279 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
280 this state, any other state, or the United States.
281 (f) If the department finds that a pain -management clinic
282 does not meet the requirement of paragraph (d) or is owned,
283 directly or indirectly, by a person meeting any criteria listed
284 in paragraph (e), the department shall revoke the certificate of
285 registration previously issued by the department. As determined
286 by rule, the department may grant an exemption to denying a
287 registration or revoking a previously issued registration if
288 more than 10 years have elapsed since adjudication. As used in
289 this subsection, the term "convicted" includes an adjudication
290 of guilt following a plea of guilty or nolo contendere or the
Page 10 of 34
CODING: Words strieken are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
291 forfeiture of a bond when charged with a crime.
292 (g) The department may revoke the clinic's certificate of
293 registration and prohibit all physicians associated with that
294 pain -management clinic from practicing at that clinic location
295 based upon an annual ins ection and evaluation of the factors
296 described in subsection (3).
297 (h) If the registration of a pain -management clinic is
298 revoked or suspended, the designated physician of the pain-
299 management clinic, the owner or lessor of the pain -management
300 clinic property, the manager, and the proprietor shall cease to
301 operate the facility as a pain -management clinic as of the
302 effective date of the suspension or revocation
303 (i) If a pain -management clinic registration is revoked or
304 suspended, the designated physician of the pain -management
305 clinic, the owner or lessor of the clinic property, the manager,
306 or the proprietor is responsible for removing all signs and
307 symbols identifying the premises asapain-management clinic
308 (j) Upon the effective date of the suspension or
309 revocation, the designated physician of the pain -management
310 clinic shall advise the department of the disposition of the
311 medicinal drugs located on the premises The disposition is
312 subject to the supervision and approval of the department
313 Medicinal drugs that are purchased or held by a pain -management
314 clinic that is not re istered may be deemed adulterated pursuant
315 to s. 499.006.
316 (k) If the clinic's registration is revoked, any person
317 named in the registration documents of the pain -management
318 clinic, including persons owning or operating the ain-
319 management clinic, may not, as an individual or as a part of a
Page 11 of 34
CODING: Words sticielten are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SE 2272 & CS for SS 2722
591-04798-10 20102272c2
320 group, apply to operate a pain -management clinic for 5 years
321 after the date the registration is revoked.
322 (1) The period of suspension for the registration of a pain
323 management clinic shall be prescribed by the department, but may
324 not exceed 1 year.
325 (m) A change of ownership of a registered pain -management
326 clinic requires submission of a new registration application.
327 (2) PHYSICIAN RESPONSIBILITIES. —These responsibilities
328 apply to any physician who provides professional services in a
329 pain -management clinic that is required to be registered in
330 subsection (1).
331 (a) A physician may not practice medicine in a pain-
332 management clinic, as described in subsection (4), if:
333 1. The pain -management clinic is not registered with the
334 department as required by this section; or
335 2. Effective July 1, 2012, the physician has not
336 successfully completed a pain medicine fellowship that is
337 accredited by the Accreditation Council for Graduate Medical
338 Education or a pain medicine residency that is accredited by the
339 Accreditation Council for Graduate Medical Education or does not
340 comply with rules adopted by the Board of Medicine.
341
342 A physician who violates this paragraph is subject to
343 disciplinary action by his or her appropriate medical regulatory
344 board.
345 (b) A person may not dispense any medication, including a
346 controlled substance, on the premises of a registered pain-
347 management clinic unless he or she is a physician licensed under
3481 this chapter or chapter 459.
Page 12 of 34
CODING: Wordsti-ieken are deletions; words underlined are additions.
• •
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
349 (c) A physician must perform a physical examination of a
350 patient on the same day that he or she dispenses or prescribes a
351 controlled substance to a patient at a pain -management clinic.
352 If the physician prescribes or dispenses more than a 72-hour
353 dose of controlled substances for the treatment of chronic
354 nonmalignant pain, the physician must document in the patient's
355 record the reason for prescribing or dispensing that quantity.
356 (d) A physician authorized to prescribe controlled
357 substances who practices at a pain -management clinic is
358 responsible for maintaining the control and security of his or
359 her prescription blanks and any other method used for
360 prescribing controlled substance pain medication. The physician
361 shall comply with the requirements for counterfeit -resistant
362 prescription blanks in s. 893.065 and the rules adopted pursuant
363 to that section. The physician shall notify in writing the
364 department within 24 hours following any theft or loss of a
365 prescription blank or breach of any other method for prescribing
366 pain medication.
367 (e) The designated physician of a pain -management clinic
368 shall notify the applicable board in writing of the date of
369 termination of employment within 10 days after terminating his
370 or her employment with a pain -management clinic that is required
371 to be registered under subsection (1).
372 (3) INSPECTION.-
373 (a) The department shall inspect the pain -management clinic
374 annually, including a review of the patient records, to ensure
375 that it complies with this section and the rules of the Board of
376 Medicine adopted pursuant to subsection (4) unless the clinic is
377 accredited by a nationally recognized accrediting agency
Page 13 of 34
CODING: Words�i:e1rcen are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SE 2722
591-04798-10 20102272c2
378 approved by the Board of Medicine.
379 (b) During an onsite inspection, the department shall make
380 a reasonable attempt to discuss each violation with the owner or
381 designated physician of the pain -management clinic before
382 issuing a formal written notification.
383 (c) Any action taken to correct a violation shall be
384 documented in writing by the owner or designated physician of
385 the pain -management clinic and verified by followup visits by
386 departmental personnel.
387 (4) RULEMAKING.-
388 (a) The department shall adopt rules necessary to
389 administer the registration and inspection of pain -management
390 clinics which establish the specific requirements, procedures,
391 forms, and fees.
392 (b) The department shall adopt a rule defining what
393 constitutes practice by a designated physician at the clinic
394 location for which the physician has assumed responsibility, as
395 set forth in subsection (1). When adopting the rule, the
396 department shall consider the number of clinic employees, the
397 location of the pain -management clinic, the clinic's hours of
398 operation, and the amount of controlled substances being
399 prescribed, dispensed, or administered at the pain -management
400 clinic.
401 (c) The Board of Medicine shall adopt a rule establishing
402 the maximum number of prescriptions for Schedule II or Schedule
403 III controlled substances or the controlled substance Alprazolam
404 which may be written at any one registered pain -management
405 clinic during any 24-hour period.
406 (d) The Board of Medicine shall adopt rules setting forth
Page 14 of 34
CODING: Words strieken are deletions; words underlined are additions.
• 0
Florida Senate - 2010 CS for CS for SE 2272 & CS for SS 2722
591-04798-10 20102272c2
407 standards of practice for physicians practicing in privately
408 owned pain -management clinics that primarily engage in the
409 treatment of pain by prescribing or dispensing controlled
410 substance medications. Such rules shall address, but need not be
411 limited to:
412 1. Facility operations;
413 2. Physical operations;
414 3. Infection control requirements;
415 4. Health and safety requirements;
416 5. Quality assurance requirements;
417 6. Patient records;
418 7. Training requirements for all facility health care
419 practitioners who are not regulated by another board;
420 8. Inspections; and
421 9. Data collection and reporting requirements.
422
423 A physician is primarily engaged in the treatment of pain by
424 prescribing or dispensing controlled substance medications when
425 the majority of the patients seen are prescribed or dispensed
426 controlled substance medications for the treatment of chronic
427 nonmalignant pain. Chronic nonmalignant pain is pain unrelated
428 to cancer which persists beyond the usual course of the disease
429 or the injury that is the cause of the pain or more than 90 days
430 after surgery.
431 (5) PENALTIES; ENFORCEMENT.-
432 (a) The department may impose an administrative fine on the
433 clinic of up to $5,000 per violation for violating the
434 requirements of this section; chapter 499, the Florida Druq and
4351 Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and
Page 15 of 34
CODING: Wordss*=r4eirren are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
436 Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug
437 Abuse Prevention and Control Act; chapter 893, the Florida
438 Comprehensive Drug Abuse Prevention and Control Act; or the
439 rules of the department. In determining whether a penalty is to
440 be imposed, and in fixing the amount of the fine, the department
441 shall consider the following factors:
442 1. The gravity of the violation, including the probability
443 that death or serious physical or emotional harm to a patient
444 has resulted, or could have resulted, from the pain -management
445 clinic's actions or the actions of the physician, the severity
446 of the action or potential harm, and the extent to which the
447 provisions of the applicable laws or rules were violated.
448 2. What actions, if any, the owner or designated physician
449 took to correct the violations.
450 3. Whether there were any previous violations at the pain-
451 management clinic.
452 4. The financial benefits that the pain -management clinic
453 derived from committing or continuing to commit the violation.
454 (b) Each day a violation continues after the date fixed for
455 termination of the violation as ordered by the department
456 constitutes an additional, separate, and distinct violation.
457 (c) The department may impose a fine and, in the case of an
438 owner -operated pain -management clinic, revoke or deny a pain-
459 management clinic's registration, if the clinic's designated
460 physician knowingly and intentionally misrepresents actions
461 taken to correct a violation.
462 (d) An owner or designated physician of a pain -management
463 clinic who concurrently operates an unregistered pain -management
464 clinic is subject to an administrative fine of $5,000 per day.
Page 16 of 34
CODING: Words men are deletions; words underlined are additions.
•
Florida Senate - 2010
0
CS for CS for SB 2272 & CS for SS 2722
591-04798-10 20102272c2
465 (e) If the owner of a pain -management clinic that requires
466 registration fails to apply to register the clinic upon a
467 change -of -ownership and operates the clinic under the new
468 ownership, the owner is subject to a fine of $5,000.
469 Section 5. Section 458.327, Florida Statutes, is amended to
470 read:
471 458.327 Penalty for violations.-
472 (1) Each of the following acts constitutes a felony of the
473 third degree, punishable as provided in s. 775.082, s. 775.083,
474 or s. 775.084:
475 (a) The practice of medicine or an attempt to practice
476 medicine without a license to practice in Florida.
477 (b) The use or attempted use of a license which is
478 suspended or revoked to practice medicine.
479 (c) Attempting to obtain or obtaining a license to practice
480 medicine by knowing misrepresentation.
481 (d) Attempting to obtain or obtaining a position as a
482 medical practitioner or medical resident in a clinic or hospital
483 through knowing misrepresentation of education, training, or
484 experience.
485 (e) Knowingly operating, owning, or managing a
486 nonregistered pain -management clinic that is required to be
487 registered with the Department of Health pursuant to s.
488 458.3265(1).
489 (2) Each of the following acts constitutes a misdemeanor of
490 the first degree, punishable as provided in s. 775.082 or s.
491 775.083:
492 (a) Knowingly concealing information relating to violations
493 of this chapter.
Page 17 of 34
CODING: Words st=r-4-ekr are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
494 (b) Making any willfully false oath or affirmation whenever
495 an oath or affirmation is required by this chapter.
496 (c) Referring any patient, for health care goods or
497 services, to a partnership, firm, corporation, or other business
498 entity in which the physician or the physician's employer has an
499 equity interest of 10 percent or more unless, prior to such
500 referral, the physician notifies the patient of his or her
501 financial interest and of the patient's right to obtain such
502 goods or services at the location of the patient's choice. This
503 section does not apply to the following types of equity
504 interest:
505 1. The ownership of registered securities issued by a
506 publicly held corporation or the ownership of securities issued
507 by a publicly held corporation, the shares of which are traded
508 on a national exchange or the over-the-counter market;
509 2. A physician's own practice, whether he or she is a sole
510 practitioner or part of a group, when the health care good or
511 service is prescribed or provided solely for the physician's own
512 patients and is provided or performed by the physician or under
513 the physician's supervision; or
514 3. An interest in real property resulting in a landlord-
515 tenant relationship between the physician and the entity in
516 which the equity interest is held, unless the rent is
517 determined, in whole or in part, by the business volume or
518 profitability of the tenant or is otherwise unrelated to fair
519 market value.
520 (d) Leading the public to believe that one is licensed as a
521 medical doctor, or is engaged in the licensed practice of
522 medicine, without holding a valid, active license.
Page 18 of 34
CODING: Wordsn are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SE 2272 & CS for SB 2722
591-04798-10 20102272c2
523 (e) Practicing medicine or attempting to practice medicine
524 with an inactive or delinquent license.
525 (f) Knowingly prescribing or dispensing, or causing to be
526 prescribed or dispensed, controlled substances in a
527 nonregistered pain -management clinic that is required to be
528 registered with the Department of Health pursuant to s.
529 458.3265(1).
530 Section 6. Paragraphs (oo) and (pp) are added to subsection
531 (1) of section 458.331, Florida Statutes, to read:
532 458.331 Grounds for disciplinary action; action by the
533 board and department.-
534 (1) The following acts constitute grounds for denial of a
535 license or disciplinary action, as specified in s. 456.072(2):
536 (oo) Applicable to a licensee who serves as the designated
537 physician of a pain -management clinic as defined in s 458 3265
538 or s. 459.0137:
539 1. Registering a pain -management clinic through
540 misrepresentation or fraud;
541 2. Procuring, or attempting to procure, the registration of
542 a pain -management clinic for any other person by making or
543 causing to be made, any false representation;
544 3. Failing to comply with any requirement of chapter 499,
545 the Florida Drug and Cosmetic Act; 21 U.S.C. ss 301-392, the
546 Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss 821 et seg.,
547 the Drug Abuse Prevention and Control Act; or chapter 893, the
548 Florida Comprehensive Drug Abuse Prevention and Control Act;
549 4. Being convicted or found guilty of, regardless of
550 adjudication to, a felony or any other crime involving moral
551 turpitude, fraud, dishonesty, or deceit in any jurisdiction of
Page 19 of 34
CODING: Words strieleen are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
5521 the courts of this state, of any other state, or of the United
5531 States;
554 S. Being convicted of, or disciplined by a regulatory
555 agency of the Federal Government or a regulatory agency of
556 another state for any offense that would constitute a violation
557 of this chapter;
558 6. Being convicted of, or entering a plea of guilty or nolo
559 contendere to, regardless of adjudication, a crime in any
560 jurisdiction of the courts of this state, of any other state, or
561 of the United States which relates to the practice of, or the
562 ability to practice, a licensed health care profession;
563 7. Being convicted of, or entering a plea of guilty or nolo
564 contendere to, regardless of adjudication, a crime in any
565 jurisdiction of the courts of this state, of any other state, or
566 of the United States which relates to health care fraud;
567 8. Dispensing any medicinal drug based upon a communication
568 that purports to be a prescription as defined in s. 465.003(14)
569 or s. 893.02 if the dispensing practitioner knows or has reason
570 to believe that the purported prescription is not based upon a
571 valid practitioner -patient relationship; or
572 9. Failing to timely notify the board of the date of his or
573 her termination from a pain -management clinic as required by s.
574 458.3265(2).
575 (pp) Failing to timely notify the department of the theft
576 of prescription blanks from a pain -management clinic or a breach
577 of other methods for prescribing within 24 hours as required by
578 s. 458.3265(2).
579 Section 7. Subsections (3), (4), and (5) of section
5801 459.005, Florida Statutes, are repealed.
Page 20 of 34
CODING: Words�eleen are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
581 Section 8. Section 459.0137, Florida Statutes, is created
582 to read:
583 459.0137 Pain -management clinics.-
584 (1) REGISTRATION.-
585 (a) All privately ownedpain-mana ement clinics,
586 facilities, or offices, hereinafter referred to as `clinics,"
587 which advertise in any medium for any type of pain -management
588 services, or employ an osteopathic physician who is primarily
589 engaged in the treatment of pain by prescribing or dispensing
590 controlled substance medications, must register with the
591 department unless:
592 1. That clinic is licensed as a facility pursuant to
593 chapter 395;
594 2. The majority of the physicians who provide services in
595 the clinic primarily provide surgical services;
596 3. The physicians who provide services in the clinic
597 primarily provide chiropractic services and do not dispense
598 controlled substances.
599 4. The clinic is owned by a publicly held corporation whose
600 shares are traded on a national exchange or on the over-the-
601 counter market and whose total assets at the end of
602 corporation's most recent fiscal quarter exceeded $50 million;
603 5. The clinic is affiliated with an accredited medical
604 school at which training is provided for medical students,
605 residents, or fellows;
606 6. The clinic does not prescribe or dispense controlled
607 substances for the treatment ofpain; or
608 7. The clinic is owned by a corporate entity exempt from
6091 federal taxation under 26 U.S.C. s. 501(c)(3).
Page 21 of 34
CODING: Words ran are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
610 (b) Each clinic location shall be registered separately
611 regardless of whether the clinic is operated under the same
612 business name or management as another clinic.
613 (c) As a part of registration, a clinic must designate an
614 osteopathic physician who is responsible for complying with all
615 requirements related to registration and operation of the clinic
616 in compliance with this section. Within 10 days after
617 termination of a designated osteopathic physician, the clinic
618 must notify the department of the identity of another designated
619 physician for that clinic. The designated physician shall have a
620 full, active, and unencumbered license under chapter 458 or this
621 chapter and shall practice at the clinic location for which the
622 physician has assumed responsibility. Failing to have a licensed
623 designated osteopathic physician practicing at the location of
624 the registered clinic may be the basis for a summary suspension
625 of the clinic registration certificate as described in s.
626 456.073(8) for a license or s. 120.60(6).
627 (d) The department shall deny registration to any clinic
628 that is not fully owned by a physician licensed under chapter
629 458 or this chapter or a group of physicians, each of whom is
630 licensed under chapter 458 or this chapter; or that is not a
631 health care clinic licensed under part X of chapter 400.
632 (e) The department shall deny registration to any pain-
633 management clinic owned by or with any contractual or employment
634 relationship with a physician:
635 1. Whose Drug Enforcement Administration number has ever
636 been revoked.
637 2. Whose application for a license to prescribe, dispense,
638 or administer a controlled substance has been denied by any
Page 22 of 34
CODING: Wordsn are deletions; words underlined are additions.
CS for CS for SB 2272 a CS for SB 2722
•
Florida Senate - 2010
591-04798-10 20102272c2
639 jurisdiction.
640 3. Who has been convicted of or plead guilty or nolo
641 contendere to, regardless of adjudication, an offense that
642 constitutes a felony for receipt of illicit and diverted drugs,
643 including a controlled substance listed in Schedule I, Schedule
644 II, Schedule III, Schedule IV, or Schedule V of s. 893.03, in
645 this state, any other state, or the United States.
646 (f) If the department finds that a pain -management clinic
647 does not meet the requirement of paragraph (d) or is owned,
648 directly or indirectly, by a person meeting any criteria listed
649 in paragraph (e), the department shall revoke the certificate of
650 registration previously issued by the department. As determined
651 by rule, the department may grant an exemption to denying a
652 registration or revoking a previously issued registration if
653 more than 10 years have elapsed since adjudication. As used in
654 this subsection, the term "convicted" includes an adjudication
655 of guilt following a plea of guilty or nolo contendere or the
656 forfeiture of a bond when charged with a crime.
657 (g) The department may revoke the clinic's certificate of
658 registration and prohibit all physicians associated with that
659 pain -management clinic from practicing at that clinic location
660 based upon an annual inspection and evaluation of the factors
661 described in subsection (3).
662 (h) If the registration of a pain -management clinic is
663 revoked or suspended, the designated physician of the ain-
664 management clinic, the owner or lessor of thepain-management
663 clinic property, the manager, and the proprietor shall cease to
666 operate the facilitv as a pain -management clinic as of the
6671 effective date of the suspension or revocation.
Page 23 of 34
CODING: Wordsn are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SS 2722
591-04798-10 20102272c2
668 (i) If a pain -management clinic registration is revoked or
669 suspended, the designated physician of the pain -management
670 clinic, the owner or lessor of the clinic property, the manager,
671 or the proprietor is responsible for removing all signs and
672 symbols identifying the premises as a pain -management clinic.
673 (j) Upon the effective date of the suspension or
674 revocation, the designated physician of the pain -management
675 clinic shall advise the department of the disposition of the
676 medicinal drugs located on the premises. The disposition is
677 subject to the supervision and approval of the department.
678 Medicinal drugs that are purchased or held by a pain -management
679 clinic that is not registered may be deemed adulterated pursuant
680 to s. 499.006.
681 (k) If the clinic's registration is revoked, any person
682 named in the registration documents of the pain -management
683 clinic, including persons owning or operating the pain-
684 management clinic, may not as an individual or as a part of a
685 group, make application for a permit to operate a pain-
686 management clinic for 5 years after the date the registration is
687 revoked.
688 (1) The period of suspension for the registration of a pain
689 management clinic shall be prescribed by the department, but may
690 not exceed 1 year.
691 (m) A change of ownership of a registered pain -management
692 clinic requires submission of a new registration application.
693 (2) PHYSICIAN RESPONSIBILITIES. —These responsibilities
694 apply to any osteopathic physician who provides professional
695 services in a pain -management clinic that is required to be
696 registered in subsection (1).
Page 24 of 34
CODING: Wordsn are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SB 2272 G CS for SB 2722
591-04798-10 20102272c2
697 (a) An osteopathic physician may not practice medicine in a
698 pain -management clinic, as described in subsection (4), if:
699 1. The pain -management clinic is not registered with the
700 department as required by this section; or
701 2. Effective July 1, 2012, the physician has not
702 successfully completed a pain medicine fellowship that is
703 accredited by the Accreditation Council for Graduate Medical
704 Education or the American Osteopathic Association or a pain
705 medicine residency that is accredited by the Accreditation
706 Council for Graduate Medical Education or the American
707 Osteopathic Association or does not comply with rules adopted by
708 the Board of Osteopathic Medicine.
709
710 An osteopathic physician who violates this paragraph is subject
711 to disciplinary action by his or her appropriate medical
712 regulatory board.
713 (b) A person may not dispense any medication, including a
714 controlled substance, on the premises of a registered pain-
715 management clinic unless he or she is a physician licensed under
716 this chapter or chapter 458.
717 (c) An osteopathic physician must perform a physical
718 examination of a patient on the same day that he or she
719 dispenses or prescribes a controlled substance to a patient at a
720 pain -management clinic. If the osteopathic physician prescribes
721 or dispenses more than a 72-hour dose of controlled substances
722 for the treatment of chronic nonmalignant pain, the osteopathic
723 physician must document in the patient's record the reason for
724 prescribing or dispensing that quantity.
725 (d) An osteopathic physician authorized to prescribe
Page 25 of 34
CODING: Words men are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SS 2272 & CS for SS 2722
591-04798-10 20102272c2
726 controlled substances who practices at a pain -management clinic
727 is responsible for maintaining the control and security of his
728 or her prescription blanks and any other method used for
729 prescribing controlled substance pain medication. The
730 osteopathic physician shall comply with the requirements for
731 counterfeit -resistant prescription blanks in s. 893.065 and the
732 rules adopted pursuant to that section. The osteopathic
733 physician shall notify in writing the department within 24 hours
734 following any theft or loss of a prescription blank or breach of
735 any other method for prescribing pain medication.
736 (e) The designated osteopathic physician of a ain-
737 management clinic shall notify the applicable board in writing
738 of the date of termination of employment within 10 days after
739 terminating his or her employment with a pain -management clinic
740 that is required to be registered under subsection (1).
741 (3) INSPECTION.-
742 (a) The department shall inspect the pain -management clinic
743 annually, including a review of the patient records, to ensure
744 that it complies with this section and the rules of the Board of
745 Osteopathic Medicine adopted pursuant to subsection (4) unless
746 the clinic is accredited by a nationally recognized accrediting
747 agency approved by the Board of Osteopathic Medicine.
748 (b) During an onsite inspection, the department shall make
749 a reasonable attempt to discuss each violation with the owner or
750 designated physician of the pain -management clinic before
751 issuing a formal written notification.
752 (c) Any action taken to correct a violation shall be
753 documented in writing by the owner or designated physician of
754 the pain -management clinic and verified by followup visits by
Page 26 of 34
CODING: Wordsn are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SE 2272 & CS for SB 2722
591-04798-10 20102272c2
755 departmental personnel.
756 (4) RULEMAKING.-
757 (a) The department shall adopt rules necessary to
758 administer the registration and inspection of pain -management
759 clinics which establish the specific requirements, procedures,
760 forms, and fees.
761 (b) The department shall adopt a rule defining what
762 constitutes practice by a designated osteopathic physician at
763 the clinic location for which the physician has assumed
764 responsibility, as set forth in subsection (1). When adopting
765 the rule, the department shall consider the number of clinic
766 employees, the location of the pain -management clinic, the
767 clinic's hours of operation, and the amount of controlled
768 substances being prescribed, dispensed, or administered at the
769 pain -management clinic.
770 (c) The Board of Osteopathic Medicine shall adopt a rule
771 establishing the maximum number of prescriptions for Schedule II
772 or Schedule III controlled substances or the controlled
773 substance Alprazolam which may be written at any one registered
774 pain -management clinic during any 24-hour period.
775 (d) The Board of Osteopathic Medicine shall adopt rules
776 setting forth standards of practice for osteopathic physicians
777 practicing in privately owned pain -management clinics that
778 primarily engage in the treatment of pain by prescribing or
779 dispensing controlled substance medications. Such rules shall
780 address, but need not be limited to:
781 1. Facility operations;
782 2. Physical operations;
783 3. Infection control requirements;
Page 27 of 34
CODING: Words stL-ieken are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
784 4. Health and safety requirements;
785 5. Quality assurance requirements;
786 6. Patient records;
787 7. Training requirements for all facility health care
788 practitioners who are not regulated by another board;
789 8. Inspections; and
790 9 Data collection and reporting requirements.
791
792 An osteopathic physician is primarily engaged in the treatment
793 of pain by prescribing or dispensing controlled substance
794 medications when the majority of the patients seen are
795 prescribed or dispensed controlled substance medications for the
796 treatment of chronic nonmalignant pain. Chronic nonmalignant
797 pain is pain unrelated to cancer which persists beyond the usual
798 course of the disease or the injury that is the cause of the
799 pain or more than 90 days after surgery.
800 (5) PENALTIES; ENFORCEMENT.-
801 (a) The department may impose an administrative fine on the
802 clinic of up to $5,000 per violation for violating the
803 requirements of this section; chapter 499, the Florida Drug and
804 Cosmetic Act; 21 U.S.C. ss 301-392, the Federal Food, Drug, and
805 Cosmetic Act; 21 U.S.C. ss 821 et seq., the Comprehensive Drug
806 Abuse Prevention and Control Act; chapter 893, the Florida
807 Comprehensive Drug Abuse Prevention and Control Act; or the
808 rules of the department In determining whether a penalty is to
809 be imposed, and in fixing the amount of the fine, the department
810 shall consider the following factors:
811 1 The gravity of the violation, including the probability
812 that death or serious physical or emotional harm to a patient
Page 28 of 34
CODING: Words qtrieleen are deletions; words underlined are additions.
•
Florida Senate - 2010
•
CS for CS for SE 2272 & CS for SH 2722
591-04798-10 20102272c2
813 has resulted, or could have resulted, from the pain -management
814 clinic's actions or the actions of the osteopathic physician,
815 the severity of the action or potential harm, and the extent to
816 which the provisions of the applicable laws or rules were
817 violated.
818 2. What actions, if any, the owner or designated
819 osteopathic physician took to correct the violations.
820 3. Whether there were any previous violations at the pain-
821 management clinic.
822 4. The financial benefits that the pain -management clinic
823 derived from committing or continuing to commit the violation.
824 (b) Each day a violation continues after the date fixed for
825 termination of the violation as ordered by the department
826 constitutes an additional, separate, and distinct violation.
827 (c) The department may impose a fine and, in the case of an
828 owner -operated pain -management clinic, revoke or deny a pain-
829 management clinic's registration, if the clinic's designated
830 osteopathic physician knowingly and intentionally misrepresents
831 actions taken to correct a violation.
832 (d) An owner or designated osteopathic physician of a pain-
833 management clinic who concurrently operates an unregistered
834 pain -management clinic is subject to an administrative fine of
835 $5,000 per day.
836 (e) If the owner of a pain -management clinic that requires
837 registration fails to apply to register the clinic upon a
838 change -of -ownership and operates the clinic under the new
839 ownership, the owner is subject to a fine of $5,000.
840 Section 9. Subsections (1) and (2) of section 459.013,
841 Florida Statutes, are amended to read:
Page 29 of 34
CODING: Words men are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SS 2272 & CS for SS 2722
591-04798-10 20102272c2
842 459.013 Penalty for violations.-
843 (1) Each of the following acts constitutes a felony of the
844 third degree, punishable as provided in s. 775.082, s. 775.083,
845 or s. 775.084:
846 (a) The practice of osteopathic medicine, or an attempt to
847 practice osteopathic medicine, without an active license or
848 certificate issued pursuant to this chapter.
849 (b) The practice of osteopathic medicine by a person
850 holding a limited license, osteopathic faculty certificate, or
851 other certificate issued under this chapter beyond the scope of
852 practice authorized for such licensee or certificateholder.
853 (c) Attempting to obtain or obtaining a license to practice
854 osteopathic medicine by knowing misrepresentation.
855 (d) Attempting to obtain or obtaining a position as an
856 osteopathic medical practitioner or osteopathic medical resident
857 in a clinic or hospital through knowing misrepresentation of
858 education, training, or experience.
859 (e) Knowingly operating, owning, or managing a
860 nonregistered pain -management clinic that is required to be
861 registered with the Department of Health pursuant to s.
862 459.0137(1).
863 (2) Each of the following acts constitutes a misdemeanor of
864 the first degree, punishable as provided in s. 775.082 or s.
865 775.083:
866 (a) Knowingly concealing information relating to violations
867 of this chapter.
868 (b) Making any willfully false oath or affirmation whenever
869 an oath or affirmation is required by this chapter.
870 (c) The practice of medicine as a resident or intern
Page 30 of 34
CODING: Wordstcriecen are deletions; words underlined are additions.
Florida Senate - 2010
•
CS for CS for SB 2272 & CS for SE 2722
591-04798-10 20102272c2
871 without holding a valid current registration pursuant to s.
872 459.021.
873 (d) Knowingly prescribing or dispensing, or causing to be
874 prescribed or dispensed, controlled substances in a
875 nonregistered pain -management clinic that is required to be
876 registered with the Department of Health pursuant to s.
877 459.0137(1).
878 Section 10. Paragraphs (qq) and (rr) are added to
879 subsection (1) of section 459.015, Florida Statutes, to read:
880 459.015 Grounds for disciplinary action; action by the
881 board and department.-
882 (1) The following acts constitute grounds for denial of a
883 license or disciplinary action, as specified in s. 456.072(2):
884 (qq) Applicable to a licensee who serves as the designated
885 physician of a pain -management clinic as defined in s. 458.3265
886 or s. 459.0137:
887 1. Registering a pain -management clinic through
888 misrepresentation or fraud;
889 2. Procuring, or attempting to procure, the registration of
890 a pain -management clinic for any other person by making or
891 causing to be made, any false representation;
892 3. Failing to comply with any requirement of chapter 499,
893 the Florida Drug and Cosmetic Act; 21 U.S.C, ss. 301-392, the
894 Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
895 the Drug Abuse Prevention and Control Act; or chapter 893, the
896 Florida Comprehensive Drug Abuse Prevention and Control Act;
897 4. Being convicted or found guilty of, regardless of
898 adjudication to, a felony or any other crime involving moral
899 turpitude, fraud, dishonesty, or deceit in any jurisdiction of
Page 31 of 34
CODING: Words sti-4:eke= are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 a CS for SB 2722
900I901
sM
903
904
905
906
907
908
909
910
911
912
913
914'
915
916
917
918
919
920
921
922
923
924
925
926
927
928
591-04798-10 20102272c2
the courts of this state, of any other state, or of the United
States;
5 Being convicted of, or disciplined by a regulatory
agency of the Federal Government or a regulatory agency of
another state for any offense that would constitute a violation
of this chapter;
6. Beinq convicted of, or entering a plea of guilty or nolo
contendere to, regardless of adjudication, a crime in any
jurisdiction of the courts of this state, of any other state, or
of the United States which relates to the practice of, or the
ability to practice, a licensed health care profession;
7 Being convicted of, or entering a plea of guilty or nolo
contendere to, regardless of adjudication, a crime in any
jurisdiction of the courts of this state, of any other state, or
of the United States which relates to health care fraud;
8 Dispensing any medicinal drug based upon a communication
that purports to be a prescription as defined in s. 465.003(14)
or s 893.02 if the dispensing practitioner knows or has reason
to believe that the purported prescription is not based upon a
valid practitioner -patient relationship; or
9 Failing to timely notify the board of the date of his or
her termination from a pain -management clinic as required by s.
459.0137(2).
(rr) Failing to timely notify the department of the theft
of prescription blanks from a pain -management clinic or a breach
of other methods for prescribing within 24 hours as required by
s. 459.0137(2)
Section 11. Paragraph (b) of subsection (7) of section
893.055, Florida Statutes, is amended to read:
Page 32 of 34
CODING: Words9:t-i-ieleen are deletions; words underlined are additions.
Florida Senate - 2010
•
CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
929 893.055 Prescription drug monitoring program.-
930 (7)
931 (b)1. A pharmacy, prescriber, or dispenser shall have
932 access to information in the prescription drug monitoring
933 program's database which relates to a patient of that pharmacy,
934 prescriber, or dispenser in a manner established by the
935 department as needed for the purpose of reviewing the patient's
936 controlled substance prescription history.
937 2. The prescription drug monitoring program's database
938 shall report information directly to applicable law enforcement
939 agencies to investigate whether any violation of s.
940 893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b), has
941 occurred regarding controlled substances in Schedule II,
942 Schedule III, or Schedule IV. The department shall adopt rules
943 to identify the factors that might be indicative of a violation
944 of s. 893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b), based
945 on input from the Department of Law Enforcement and
946 representatives of local law enforcement, the Florida Medical
947 Association, the Florida Osteopathic Medical Association, the
948 Florida Pharmacy Association, and other relevant stakeholders
949 3. Other access to the program's database shall be limited
950 to the program's manager and to the designated program and
951 support staff, who may act only at the direction of the program
952 manager or, in the absence of the program manager, as
953 authorized. Access by the program manager or such designated
954 staff is for prescription drug program management only or for
955 management of the program's database and its system in support
956 of the requirements of this section and in furtherance of the
957 prescription drug monitoring program. Confidential and exempt
Page 33 of 34
CODING: Wordssti-d:eken are deletions; words underlined are additions.
Florida Senate - 2010 CS for CS for SB 2272 & CS for SB 2722
591-04798-10 20102272c2
958 information in the database shall be released only as provided
959 in paragraph (c) and s. 893.0551.
960 Section 12. Subsections (4), (5), and (6) of section
961 893.0551, Florida Statutes, are renumbered as subsections (5),
962 (6), and (7), respectively, and subsection (4) is added to that
963 section, to read:
964 893.0551 Public records exemption for the prescription drug
965 monitoring program.-
966 (4) The department shall disclose such confidential and
967 exempt information to the applicable law enforcement agency in
968 accordance with s. 893.055(7)(b)2. The law enforcement agency
969 may disclose the confidential and exempt information received
970 from the department to a criminal justice agency as defined in
971 s. 119.011 as part of an active investigation that is specific
972 to a violation of s. 893.13(7)(a)8., s. 893.13(8)(a), or s.
973 893.13 (8) (b) .
974 Section 13. This act shall take effect October 1, 2010.
Page 34 of 34
CODING: Words st-i-ieleen are deletions; words underlined are additions.
• 0 DMIBIT 5
APRIL 20, 2010
AMENDED AND RESTATED
INTERLOCAL AGREEMENT
CREATING THE
TREASURE COAST REGIONAL LEAGUE OF CITIES
WHEREAS, there are thirteen municipalities in the Treasure Coast Counties of Indian
River, St. Lucie, Martin, and Okeechobee which interact on a continuing basis with
county government and the State of Florida regarding local government matters;
and
WHEREAS, many of the matters are of common concern to all of the municipalities which
makes it more efficient to reach solutions as a group, rather than by having each
city negotiate on its own with the State or its respective county; and
WHEREAS, it is probable that better solutions to the common problems will be arrived at
by having all cities and their combined resources working jointly; and
WHEREAS, this type of governmental cooperation would benefit the constituents of not
only the municipalities but also of the unincorporated areas and the State; and
WHEREAS, Florida law and, in particular, Section 163.02 Florida Statutes, allows local
governments to create councils of local public officials by adopting an interlocal
agreement for a purpose consistent with the authority of each government's powers;
and
WHEREAS, various municipal officials from the Treasure Coast have determined that the
creation of such a council of local public officials would be in the public interest;
NOW THEREFORE, be it resolved by the undersigned municipalities situated in Indian
River County, St. Lucie County, Martin County, and Okeechobee County that:
Section 1. Creation of the Treasure Coast Regional League of Cities.
There is hereby created a council of local public officials under the authority of and
pursuant to Section 163.02 Florida Statutes, to be composed of the undersigned
municipalities situated in the counties of Indian River, St. Lucie, Martin, and
Okeechobee (hereinafter the "Treasure Coast"), which council shall be called "The
Treasure Coast Regional League of Cities." The League shall be a corporation not
for profit.
Section 2. Purposes and Powers.
The purpose of this League shall be to serve as a forum for jointly studying and
resolving issues of local government which concern the Treasure Coast
municipalities, for the exchange of ideas and information, for providing aid to
member municipalities in the solution of common problems, and for promoting
communication among the member municipalities.
To that end, the League shall have the power to:
a) Study such area governmental problems, as it deems appropriate, including
but not limited to matters affecting health, safety, welfare, education,
economic conditions, and area development;
b) Promote cooperative arrangements and coordinate action among its
members: and
c) Make recommendations for review and action to the members and other
public agencies that perform local functions and services within the area
Section 3. Types of Membership.
A. Active Membership
All municipalities with the Treasure Coast are eligible to be members of the League
and may become active members upon execution of a copy of this interlocal
agreement and upon payment of whatever annual membership dues have been
imposed. Members in good standing shall have voice, vote and office holding rights
within the association. The representative for each municipality shall be the elected
chief executive or other member of the governing body. Each municipality may also
appoint an alternate who shall serve when the primary representative is unable to
serve. Each member city shall have one vote. Each municipality shall determine the
term of its representatives.
B. Honorary Membership
Honorary membership may be bestowed upon individuals only who shall be
selected by vote of the League. All Past Presidents shall be honorary members
once they are no longer in elected or appointed office. Honorary members may not
vote or hold office.
C. Associate Membership
Associate members are non -voting members selected from the private, public or
non-profit sectors, including, but not limited to, the school boards or county
governments. All shall be approved by the League. Associate members shall not
vote or hold office but may enter into discussion.
Section 4. Bylaws.
At the organizational meeting of the League the members shall elect a President,
a Vice- President, and a Treasurer for terms of one year with a term limit of two
years. There shall also be a Secretary, who shall be provided by the city
represented by the President. Five members of the League shall constitute a
quorum and no matter shall be considered passed by the League without at least
five votes for the motion. The President shall run the meeting and rule on
procedural matters subject to being overruled by a vote of the League. Only a
simple majority of those present and voting is required to overrule the President.
The President shall not have the right to move or second matters. The Vice -
President shall serve when the President is unable to. The Secretary shall keep the
official minutes of the meetings in a journal and shall be responsible for noticing
meetings. The Treasurer shall be responsible for opening a bank account at a
convenient institution and for writing checks on that account for expenses approved
by the League. The officers shall be elected at the general meeting of the League
held in January. The initial officers of the League, who shall serve until the League
has its first meeting after ratification of this agreement by five members, shall be:
Chair, Thomas P., White Mayor of the City of Vero Beach, Vice -Chair, Sal Neglia,
Council Member of the City of Sebastian, Treasurer, Dowling Watford, Council
Member of the City of Okeechobee, and Secretary, Tammy Vock, Clerk to the City
of Vero Beach.
Section 5. Meeting Times and Places.
The League shall have the power to set convenient times and places for meetings,
which shall be held, at a minimum, twice a year, one meeting within the Treasure
Coast Counties (the "general" meeting), and once a year at the Florida League of
Cities Annual Conference. The meetings shall be advertised by at least one week's
notice published in the newspaper in each county or by posting notices of such
meetings in each of the members' City Halls. The meetings shall be open to the
public and minutes shall be taken and kept in a journal. It shall be proper for the
meeting to be hosted by each municipality in turn or by such other method as the
Page 2 of 3
• 0
League determines. Special meetings may be called by the President or by any
three members writing the League Secretary requesting such a meeting.
Section 6. Financial Matters.
The League may employ a staff, consult and retain experts, and purchase or lease
or otherwise provide for such supplies, food, materials, equipment and facilities, as
it deems desirable and necessary. The member governments may appropriate
funds to meet the necessary expenses of the League. Services of personnel, use
of equipment and office space, and other necessary services may be accepted from
members as part of their financial support. The League may accept funds, grants,
gifts, and services from the state, from any other governmental unit, whether
participating in the council or not, from the Government of the United States, and
from private and civic sources.
Section 7. Annual Report.
The League shall make an annual public report of its activities to each of the
member local governments, and shall have its account audited annually.
Section 8. Exiting League, Dissolution.
Any member may withdraw from the League upon 60 days notice subsequent to
formal action by its governing body. The League itself can be dissolved by a simple
vote. Upon dissolution of the League any remaining funds shall be donated to the
Florida League of Cities.
Section 9. Effective Date.
This League shall become effective on April 1, 2007, or on such later date as the
fifth municipality has executed this interlocal agreement. If there are not at least five
member cities by June 1, 2007, then this agreement shall be null and void. Any
municipality may indicate its acceptance of this interlocal agreement by executing
a copy of this document and such execution shall be as valid as if the original had
been signed. The Mayor of the City of Vero Beach shall collect the executed copies
of this agreement and determine when to call the organizational meeting of the
League.
IN WITNESS WHEREOF, the following municipalities, as by the attached original of the
executed signature page, have executed this Interlocal Agreement on the date written
underneath the signature of the authorized signer.
JAMES E. KIRK, Mayor
ATTEST:
LANE GAMIOTEA, CMC, City Clerk
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
BEFORE ME, the undersigned authority, appeared James E. Kirk. Mayor. and Lane
Gamiotea, City Clerk, this day of 2010, who are personally known
to me and did not take an oath.
NOTARY PUBLIC
APPROVED AS TO FORM: My Commission Expires:
JOHN R. COOK, City Attorney
Page 3 of 3
is DMIBIT 6
APRIL 20, 2010
City of Okeechobee
55 SE 3rd Av
Okeechobee FL 34974
Ph 863-763-3372
PW 02-00-03-10
City Hall Restroom Renovations
Bid Totals - Itemized by Chapter
Bid opening date: April 12, 2010 1:OOP.M. /
PBS National
Neal Long Con
SweatTrucking
Lozano Bldrs t
Ch 1 Dismantling
$1,500.00
$3,000.00
$4,650.00
$1,350.00
Ch 2 Interior
$2,372.00
$2,920.00
$2,752.00
$3,645.00
Ch 3 Fixtures
$4,600.00
$3,030.00
$5,296.00
$6,360.00
Ch 4 Electrical
1,800.00
2,594.50
2,015.00
3,600.00
Ch 5 Floors
$600.00
$1,144.50
$1,575.67
$975.00
Ch 6 Doors
$640.00
$1,400.00
$1,280.00
$2,700.00
Ch 7 HVAC
$600.00
$900.00
$375.00
$450.00
total bid
$12,112.0011
$14,989.00
$17,943.6711
$19,080.00
Note:
The bidders below had addition errors in their bid, the unit pricing prevails.
their bids had totals as follows:
PBS National turned in a total written bid of : $14,274.00
Sweat Trucking turned in written bid of: $19,734.74
Recommendation to award to Neal Long Constructn due to the fact that the low
bidder, PBS Nat'l would not do the project for the unit price
total of $12, 112.00
iK'art
G c
y0
Fn
m
Oor
1915 Cityof Okeechobee
MEMOBANDEM
TO: Brian Whitehall, City Administrator.
FROM: Oscar Bermudez, City Engineer
SUBJECT: City of Okeechobee Restroom Renovation Bid PW 02-00-03-10
DATE: April 13, 2010
Mr. Whitehall:
Attached please find a summary of the four proposals we have received for the
above project. PBS National was the lowest bidder, but due to a price error on
the total unit price, they declined to do the job. The next bidder Neal Long Con.
presented the next lowest bid, and consequently the Engineering Department
recommends to the City Council to award the contract to Neal Lon Con.
cc: Donnie Robertson, Director Public Works
Betty Clements General Services
55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3372 - Fax: (863) 763-1686
' • • DMIBIT 7
APRIL 20, 2010
55 Soudnest To Avwmm * Okeechobee, Florida 34974 * 863-763 33T2
Complete entire application with all applicable attachments and return to the Office of the City Clerk The City
Departments will be contacted to sign the application. The application is then forwarded to the City Council You will be
notified of the meeting date. Please note this application will cover both a City street and sidewalk There is a separate
application should you request the sidewalk only.
TEMPORARY STREET AND SIDEWALK CLOSING
Name of Applicant
First Baptist Church
FT;;;y--s Date
3I ,0
Address
310 SW 51' Avenue
Phones}
eresa Arrants
Fax No.
763-8904
Name of Property Owner
City of Okeechobee
Address
55 SE 3rd Avenue
Phone(s)
863-763-3372
Street to be Closed
SW 4' St, btwn SW 5' & 6' Avenues
Date to be Closed
May 14-16, 2010
Times) to be Closed
3 prn to noon
Purpose of Closing
D-Now (field events at the ROC)
Attachments
❑
Original Signatures of all residents, property owners and business owners affected by the
street closing stating whether they approve or object This can be done on one list Make
sure if it is a business that the name of the business and the owner is legible. If it is a
resident make sure the name and address is legible. (Required of all applications).
❑
Copy of proof of insurance. (Minimum $1,000,000.00, required of all applications). Naming
the City of Okeechobee & R.E. Hamrick Testamentary Trust as certificate holders.
❑
If any items are being sold on City street or sidewalk then a Temporary Use Permit must be
attached for each business participating. Permits can be obtained from General Services.
❑
State Food Service License if selling food.
❑
State Alcoholic Beverage License. (You can only serve on private property. No alcoholic
beverages on City property, this includes streets and sidewalks)-
"ZW Clean up Is requhed within 24 hours.
VW1 No alcoholic beverages can be consumed or taken out on City property, streets or skiewares.
ow No donations can be requested If any type of alcoholic beverages are served on private property/business
unless you possess a State Alcoholic Beverage License. Please rote there are inside consumption and
outside consumption ik enses. You must have the appropriate license.
ow The City Public Works Department will deliver Me appropriate banicades. The City Police Department will
set them out and take them down at the appropriate flares.
eW Dumpsters and port-o-lets are required when closing the street for more than 3 hours.
PUBLIC WORKS
DEPARTMENT
I/_ 1-, A
IMFRTEMV
Signature
ADMINISTRATION
CLERK'S OFFICE
Authorized
Donnie Robertson Public Works Director
Date Typed Name & Title
Date
Denny Davis. Chief of Police
Typed Name & Title
?siness Tax Receipt and/or State License Verified_
t/y►�
`'� ► Brian Whitehall Cftl/ Administrator
Da a Typed Name & Title
1D Lane Gamiotea City Clerk
Date Typed Name & Title
APPROVEWDENIED BY COUNCIL ON:
6
7 8 4 11 7 8 91111H
7 8 9 11 7 8 9 11 7 8 9 11 7 8 9
NiMpk-ID14 pK4 ST- 90
F L I —A G L E—
Sau-n+P�t�-sr
6 5 4 3 2 1 6 5 4 3 1 6 5 4 33211 6 5 4.3]21 1 61.5 1.41-3]2j 6 5[413
2
7
8 1 7 8 9 11 7 8 9 11 7 8 9 11 7 9 111 7 89
9
SW 2W ST 70')
4
5E
654321 654321 65.432 t 6 54 32 t 6 5 43
6
-7
789 11 789i 11 LEM
789 It 789-
9
SW 32D ST 70
4
5 3 Z 1 6 5 14[ 3 2 1 6151413121 t 6 5 4 3 2 1
6
7 .� )t 1
8 : t1 781 1i 7 11 789 11 11
9 ¢ . t2 E
-oomMR: .
Imo 0000mo ooQoo . _ oo�
BLIZIR
orm� ao�mms o0�� 6ad sm
��0006�9111 I6��p0� aaaomo IN
��� podzma zap
BaOo 9.10 000aoo via ap o NAPSa
m��110�b91 ooIM� o
dAao coaaao-oava0o-a�0000 e� o
•
Leland Dyals Land Surveying, LLC
304 SW 3rd Ave
Okeechobee, FL 34974
IBill To I
rNANNY MARIE McNAIR ET AL
•
E`XIIBIT 8
APRIL 20, 2010
Date Invoice #
11/24/2009 32
Job # Due Date
11/24/2009
Description Amount
BOUNDARY SURVEY OF LOT 1,2 OF CROZIER WOODLAND PARK 200.00
Thank you for your business. Phone # I Fax #
Total
863-7634909 1 863-763-2500
$200.00
Parcel Identification No: 2-2 8-3 7-3 5-OAOO-000 12-0000
This Instrument Prepared By
and Return to:
John E. Burdeshaw
1126 South Parrott Avenue
Okeechobee, FI 34974
QUITCLAIM DEED
This Quitclaim Deed, made this 15th day of February, 2010, between Laura Mae Graisbery, A married
woman, as to a 1/61h interest in the described property and Madonna Arnold, A married woman, as to a 1/61h
interest in the described property and Melissa Ann Bryant, a single woman, formerly known as Melissa Hill as
to a 1/61h interest in the described property whose address is 3967 NW 24th Avenue, Okeechobee, FL 34972,
Grantors, and City of Okeechobee, a Municipal corporation existing under laws of the State of Florida whose
address is 55 SE Third Avenue, Okeechobee, FL 34974, Grantee.
Witnesseth, that the Grantors, for and in consideration of the sum of ------------TEN & NO/100 ($10.00)--------------
----- DOLLARS, and other good and valuable consideration to Grantors in hand paid by Grantee, the receipt of
which is hereby acknowledged, have granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and
assigns forever, the following described land, situate, lying and being in the County of OKEECHOBEE, State of
Florida, to -wit:
See Legal Description attached. This is not the Homestead of the Grantors.
To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantors, either in law or
equity, for the use, benefit and profit of the said Grantee forever.
In Witness Whereof, the Grantors have hereunto set they hands and seals the day and year first above written.
Signaled and delivered in our presence
Witty #1 Signature
Witness,#1 PrintedName
�bt � 6•�-�t'��� `�y�n
W�ti tress #2Signature
t 1 i t l 1�, ('i L.k• j flNE'51n
Witness #2 Printed Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Laura Mae Graisbery /
3967 NW 24th Avenue, Okeechobee,`FL 34972
Madonna Arnold
Melissa Ann Bryant f/Wa Melissa ill
The foregoing instrument was acknowledged before me this 15th day of February, 2010, by Laura Mae Graisbery
and Madonna Arnold and Melissa Ann Bryant who are personally known to me or who have produced
as identification. — -- — —�
SEAL
My Commission
JOHN E. BURDESHAW Notary Signature
MY CoNWSSION f DD916101
WMUtE&. sop- 25.2013
$ rerwrnobwoA—C. Printed Notary Signature
Expires:
File # 10-1016
LEGAL DESCRIPTION
A parcel of land lying in Lot 1, CROZIER'S WOODLAND PARK,
according to the plat thereof recorded in Plat Book 2, page 22, public
records of Okeechobee County, Florida, being more particularly
described as follows:
Commencing at the Southwest corner of said Crozier's Woodland Park
bear N 00' 44' 09" E along the West boundary of Crozier's Woodland
Park a distance of 136.87 feet to the Point of Beginning;
Thence continue N 00° 44' 09" E to the Southwest corner of the
property described in official record book 412, page 108 of the Public
records of Okeechobee County, Florida a distance of 28.09 feet to the
intersection with a curve in the right-of-way of SW 21't Street,
concaving to the Northeast, having a radius of 310.58 feet, a delta of 05'
05' 06" and a long chord bearing S 34° 46' 55" E a distance of 27.69
feet;
Thence along arc of said curve in the right-of-way of SW 21" Street a
distance of 27.70 feet to the cusp of a curve concaved to the South,
having a radius of 9.00 feet, a delta of 141* 55' 40" and a long chord
bearing S 71' 41' 50" W a distance of 17.02 feet;
Thence westerly along arc of said curve a distance of 22.21 feet to the
Point of Beginning.
CALE t'-t0'
LU
sGG
q9 v
W % �Ts
s
c
•gym � �9
Z CMF
m�
f� a cy o,9
•'� � o�FF�c'pG0
co
Z
i'
N
o g
-n ems,
's
PAO .2z 29A0' RB02
RBS I Et4
POINT OF BEI.
pP �w • et
LOT 1
9
m 4-
m_ LOT 2
a F
o POINT OF COMMENCEMENT
SW CORNER OF,CROZIER'S WOODLAND PARK
PLT BK 2 PGE 22
o CMF I NE_)fSUBDIVISION
LELAND
DYALS
R. L. S.
2084
304 S. W. 3rd Ave..
Okeechobee, Fla.
PHONE..... 793-4909
FAX..... 769-9600
LEGEND
RBF - Reber Found
RBS - 13 on Reber M/Cap Set
IPF - Iron Pl pe Found
NTS - Nall/Tab Set
RLS - Registered Land Surveyor
PRH - Parsons,t Reference Monument
Poe - Point of Beginning
POC - POInt of Cossancasent
POT - Po lnt of Tersl nus
CMF - Concrete Monument Found
1P1 - As perthe plat of
(O1 - As per at
ICY IC) - Calculated
IF) - Field Measurement
0. R. - oft, clel Recartls
f07 - As per the tleed (C) - Calculation
MM - Meter Meter WV - Meter Valve
FH - Flre Hyydrant PS - Power Box
PP - Power Po la SP - Service Pale
CB - Cable Box TB - Telephone Box
A/C - Aircondltloner FO - Found
L. CHO- Long Chord
NOTES:
1. Basis bearing tDaedl
2. Bearings are not based on any specific geodetic plane.
3. Not valid without the signature and the original raised
seal of a Florida licensed surveyor and sapper.
4. Description provided by owner or owner's representative.
5. This survey Is made for the exclusive use of those
car tlfled to. The use by any other use or entitles
shall render the certificate null and void and the survey
revoked.
CERTIFIED T0: City of Okeechobee
DESCRIPTION: A parcel of land lying In Lot 1. Crazier's Woodland Park,
according to the plat thereof recorded In Plat Book 2 page 22,
public records of Okeechobee County. Florida, being more particularly
described as follows:
Cossenc I n g
at the Southwest Connor of said Croziers woodland Park
bear N00'44'09'E along the Most boundary of prozIar's Mood land
Park. a dls fence of 136.87 feet to the point of beginning:
Thence continue N00.44'09'E, to the Southwest Conner of the property
described In aFflcaI record Book 412 page 108 public records of
Okeechobee County, Florltla, a oil tance of 28. 09 feet to the Intersection
with a curve, In the rl gh t-of way of SW 21st street. concaving
to the
Northeast, having a radlue of 310,58 feet, a delta of 05'05'06'
end a long chord bear lnp 534'46'55'E. a distance of 27.69' feet;
The along arc of said curve In the right -of may of 21ST street,
a dl stance of 27. 70 feet to the cusp of a curve Concaved to the South,
hav Ing a re
df us of 9. 00 feet, a delta of 141'55'40' and a long chord
bearing S71141'50'M,a distance of 17. 02' feet;
Thence westerlyy alongy arc of sold curve, a distance of 22.29 feet to
the point of Oaginning.
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOHN HEREON MAS PREPARED
UNDER MY DIRECTION AND SUPERVISION.
_ MY r "--_
LELAND DYALS, RLS 206
P - 10' LOCATION: KB
B&MARY OWPIEr OW
F CITY OFan Na
M7M OKEECHOBEE SHEET
CITY 20/
2B•37-37 I