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2013-02-05CITY OF OKEECHOBEE FEBRUARY 5, 2013 REGULAR CITY COUNCIL MEETING SUMMARY OF COUNCIL ACTION AGENDA CALL TO ORDER - Mayor. February 5, 2013, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by the Very Reverend Father Edward Weiss of the Church of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Council Member Mike O'Connor Council Member Devin Maxwell 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 David Allen IV. PRESENTATIONS - Mayor. A. Present Lalo Rodriguez a Five -Year Longevity Service Award PAGE 1 OF 5 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the February 5, 2013, Regular City Council Meeting to order at 6:00 p.m. In the absence of the Very Reverend Doctor Edward Weiss, OSB, APC, of Church of Our Saviour, Pastor Randy Huckabee of the First Baptist Church, offered the invocation; The Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mayor Kirk presented Lalo Rodriguez with a framed Certificate of Longevity Service and engraved Cross Pen in recognition of completing five years of service with the City as a Firefighter/Emergency Medical Technician, November 27, 2007 through November 27, 2012. B. Present Council Member Dowling Watford a Thirty -Year Longevity Mayor Kirk presented Dowling R. Watford, Jr., with a framed Certificate of Longevity Service along with a bonus check Service Award. for seven hundred fifty dollars in recognition of completing 30 years of service with the City as an Elected Official, January 1, 1981 to December 31, 1984 and January 6, 1987 to January 6, 2013. 29 30 FEBRUARY 5, 2013 - REGULAR MEETING - PAGE 2 OF 5 11 AGENDA IIi COUNCIL ACTION - DISCUSSION - VOTE II V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the January 15, 2013 Regular Meeting. VI. AGENDA - Mayor. Council Member O'Connor moved to dispense with the reading and approve the Summary of Council Action for the January 15, 2013, Regular Meeting; seconded by Council Member Williams. There was no discussion on this item. KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. III There were none. VII. NEW BUSINESS. A. Discuss liquor sales on Sunday - David Sherrill, Applebee's General Mr. David Sherrill, General Manager of Applebee's, located at 1210 Highway 70 East, resident of Fort Pierce, Manager (Exhibit 1). appeared before the Council, noting his appreciation for their time to request liquor sales on Sunday. Currently, no liquor, only beer and wine can be sold within restricted time frames on Sundays. The businesses outside the City limits are permitted to sell liquor on Sundays. Should this be allowed, the number of hours worked by employees could be increased or the hiring of more employees, to accommodate the potential increase in productivity, which also impact sales tax revenues. This restaurant is one of the highest volume restaurants in the state. He added that in speaking with the corporate office today and apprising them of this meeting, they wanted the Council to know that they knew about the rule prior to opening the restaurant, and should the Council decide not to change the rule, they are fine with 11 that decision. Mr. Sherrill has spoken with local citizens, patrons, employees and their families, and other businesses and they feel it is time to move forward. This change would have more of a positive impact than a negative on the community and keep the locals from going out of town on Sundays. Mr. Brad Goodbread, City property owner, residing at 12575 State Road 70 East, addressed this issue on the basis of fairness. As a developer and City land owner, his family pays premium taxes for owning property within the City limits, but is at a disadvantage to market the property due to this ruling which deters developers and then they seek property in the County. A change in this rule would increase tourism and attract those from other towns or larger cities to get away and visit Okeechobee on Sundays. FEBRUARY 5, 2013 - REGULAR MEETING - PAGE 3 of 5 11 AGENDA III COUNCIL. ACTION - DISCUSSION • VOTE II VII. NEW BUSINESS CONTINUED. A. Discuss liquor sales on Sunday continued. Mr. Ted Denisuk, residing at 1101 Southeast 8" Avenue for 12 years, stated he and his family go out of town on Sundays as it is their family day and there are no restrictions as to what they may choose as a beverage. He believes this would promote expansion and open more opportunities for other businesses. Okeechobee is old school and needs to update the ordinance to allow restaurants only to sell liquor on Sundays, but not the liquor stores. Mr. Randy Huckabee, residing at 1265 Southeast 23" Street for 13 years, Pastor of First Baptist Church, thanked Council for this opportunity, and stated he was present the last time this was addressed. He feels the bigger issue at hand is values. There is a big difference in beer and wine versus hard liquor as the intoxication rate is much quicker. It would be great to continue living in a town that recognizes family values. He and his wife are big supporters of the local restaurants and eat out quite regularly. As far as fairness, it is already fair, and there is a compromise already in place where beer and wine can be served. The restrictions are only for one day a week and that is when most people go out for family dinners. As far as tourism, look at the amount of bikers that come through our town on weekends, this restriction does not deter them at all. It is not about the mixed drinks, it is about having quality meals, family atmosphere, and living in a little more slower paced town. Let us just stay the course, and continue doing what has worked. Council Member O'Connor added there was not enough support for this change the last time it was addressed, even from the businesses it would impact. Council Member Maxwell asked whether other Applebee's restaurants have this same situation in other places? Mr. Sherrill replied this is the first one that he is aware of with these restrictions, but there are restaurants operating in dry counties. Council Member Maxwell then discussed that he researched the City's Code in comparison with the Florida State Statutes, and requested Attorney Cook to research it further. It seems that without an ordinance the State may have stricter laws. He also stated, the Council should consider discussing with the County why they now allow the liquor sales on Sunday. Mayor Kirk, Council Members Watford and Williams noted their position on the issue. Council Member Williams explaining his many years in law enforcement gives him an insight to the situation differently, and he does not support changing the rule. Council Member Watford and Mayor Kirk commented how difficult the decision was last time (at the September 6, 2011 meeting), the vote was three to two to deny liquor sales on Sundays and their position has not changed on the subject. However, the Council agreed with Council Member Maxwell's suggestion for Attorney Cook to review for inconsistencies. 31 32 FEBRUARY 5, 2013 - REGULAR MEETING - PAGE 4 OF 5 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE II VII. NEW BUSINESS CONTINUED. A. Discuss liquor sales on Sunday continued. Mayor Kirk instructed the Administrator to follow through with Attorney Cook to research any inconsistencies between the City Code and the Florida Statutes, but not for the purpose of adding Sunday liquor sales and report back to Council. He then asked whether the Council wanted to move forward with the subject requested. Council Member Maxwell moved that the Council direct its Counsel to evaluate the consistency of our ordinance (Sections 6.1.6-2) related to alcohol sales with the current state regulations and provide input that can be evaluated as to what our current ordinance provides and any other information that would assist in evaluating whether our present ordinance is what we want to have in place, seconded for discussion by Council Member Mike O'Connor. Council asked for clarification on the motion. Council Member Maxwell explained that what he is wanting to know is how many establishments or restaurants does this apply to in the City and County, what would be the effect should thP_. Cityboundaries, hA expanded thlnll h annGVatlnn and thenc�A/ o n nii nnnr:�1ri n in^IUA +^hl: + i�_�..da.l__ .g„ w...,v^uuv,. .. u,rr v F IIVed bllUllUalleJ Il.' Ue QII GJLa i Imelll that is already operable under the County rules. Discussion ensued, the majority of the Council advocated the Mayor's directive accomplished this without a motion. Council Member Maxwell elaborated that the difference is his motion did not exclude the possibility of Sunday liquor sales as the Council may consider this once all the research was reviewed. KIRK - No WATFORD - No MAXWELL- YEA WILLIAMS - NO O'CONNOR - YEA MOTION DENIED. Mayor Kirk called for a motion three times pertaining to the request by Mr. Sherrill. No motion was offered. B. Consider approving a Consent to Assignment of Lease granting 11 Council Member Watford moved to approve a Consent to Assignment of Lease, granting permission for the original permission for the original lease to be assigned by FPUC to Flo -Gas Lease Assignment from Glades Gas to Florida Public Utilities Company be assigned to Flo -Gas for use of a portion - City Attorney (Exhibit 2). of the East to West Alley in Block 49, City of Okeechobee; seconded by Council Member Williams. KIRK - YEA WATFORD - YEA MAXWELL- YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. FEBRUARY 5, 2013 - REGULAR MEETING - PAGE 5 OF 5 53 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED. C. Consider approval of a Workers' Compensation Supplemental City Personnel Policies and Procedures allows for the City Council to extend benefits for 90 days to employees who Payment Extension for City Employee Brian Padgett - City are on workers compensation leave, due to an on the job injury, after the initial 90 days has ended and the employee Administrator (Exhibit 3). has not been released to return to work. Mr. Brian Padgett continues to recover from such injury that took place on October 23, 2012. The initial 90 calendar days was fulfilled on January 22, 2013, and therefore is the reason for requesting the extension. Council Member Watford moved to approve an additional 90-day extension of Workers' Compensation Supplemental Payment of 100 percent of salary for Brian Padgett, Public Works Maintenance Operator, first 90 days was from October 23, 2012 through January 22, 2013, the extension will be January 23, 2013 up to April 22, 2013, or until he is released to return to duty; seconded by Council Member O'Connor. For clarification, return to duty means full, light or limited, with or without restrictions. Should the employer return prior to April 22, the benefit will end. VOTE KIRK - YEA MAXWELL- YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Vill. ADJOURN MEETING - Mayor. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:05 p.m. The next Please take notice and be advised that when a person decides to appeal any decision made by the City Council with regular scheduled meeting is February 19, 2013 at 6:00 p.m. 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 Lane Gamaotea, MC, City Clerk CITY OF OKEECHOBEE FEBRUARY 5, 2013 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAGE 1 OF 2 I. CALL TO ORDER - MAYOR: February 5, 2013, City Council Regular Meeting, 6:00 p.m. 11 �Q II. OPENING CEREMONIES: Invocation given by Rev..Edwa -Vlfei 4'rAch of Our Saviour; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk V/ Council Member Devin Maxwell ;/ Council Member Mike O'Connor✓ Council Member Dowling R. Watford, Jr.,/ Council Member Clayton Williams ;✓ City Administrator Brian Whitehall City Attorney John R. Cook City Clerk Lane Gamiotea Deputy Clerk Melisa Jahner Police Chief Denny Davis Fire Chief Herb Smith -- Public Works Director David Allen / IV. PRESENTATIONS - Mayor. A. Present Lalo Rodriguez a Five -Year Longevity Service Award. ti/ B. Present Council Member Dowling Watford a Thirty -Year Longevity Service Award. ,/� February 5, 2013 PAGE 2 of 2 V. MINUTES - City Clerk. A. Motion to disp ense, with thg reading pnd approve the Summary of CourIcil Action for the January 15, 2013 Regular Meeting. �D✓%� j`t/I CJ VI. AGENDA - Mayor. I d — iA. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. NEW BUSINESS. A. Discuss liquor sales on Sunday - David Sherrill, Applebee's General Manager (Exhibit 1). 9 B. Consider approviio� a Consent to Assignment of Lease granting permission for the original lease to be assigned by FPUC to Flo -Gas - City Attorney (Exhibit 2). VG 'lci Q� C. Consider approval of a Workers' Compensation Supplemental Payment Extension for City Employee Brian Padgett - City Administrator (Exhibit 3). VIII. ADJOURN MEETING. !�1 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. N 6y dz) Ated '46kal U-Ice eNDEPEtqDE1NT'_J'_,'- �WEWSPAPERS t OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974 (863) 763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a. week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a � E G { I � -L L t' t,_— in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was publishea,fiigaid,,. 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.. ..............._... --- ._....... - .._.. ------ To — ..-- m Byrd Sworn to and subscribed before me thiq day of AD Notary Public, State of Florida at Large CITY COUNCIL MEETING NOTICE NOTICE WHEREBY GIVEN that the City Council of the Gty, of Okee- chobee will meet In Regular Session on Tuesday Febrrra y 5 2013 at 6:00 tp.amr at City Hall, 55 SE 3rd Ave, Rm 200, bkeedhobee, A�lodda. The pubec's Invited and encouraged In attend. PLEASE TAKE NOTICE AN6 ADVISED'M no stenographic record by a certified court reporter wW t made of the foregoing meeting. Accordingly, arty rson who may Seek to al any decision Involving the matters no - herein will be responsible Miring a verbatim record of the testmo- nrryy and evidence at said meeting upon which any appeal is to be based. Pieria contact City Adminlsuallon at 863-763-3372, or webslte) ilft sons accordance -accommodation p�ab ppasa ifs Proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. �' LaneambE. teaNCNc, City perk 435833 ON 2/1/2013 ANGIE BRIDGES MY COMMISSION 8 EE 177653 EXPIRES: April 20, 2016 Bofided R- Notary Pu* Underwriters NNW Bio on Mr. L. Rodriguez: 5-Year Service Award February 5, 2013 Council Meeting Mr. Hilario Lalo Rodriguez, was born and raised in Okeechobee. He attended the Fire Academy at Indian River State Collage to obtain his State of Florida Firefighter Certification prior to employment with the City. He began his career at the City of Okeechobee on November 271 2007 as a Firefighter. On July 15, 2008 he obtained his Emergency Medical Technician certification. During his tenure he has successfully completed many educational courses in the fire science field, and assists in organizing many Fire Prevention activities such as expos, puppet shows for elementary schools and careers days. In 2011 Lalo represented the City in the Florida Police and Fire Games winning many medals in several events. He holds the honor within the City Fire Department as the first Firefighter to compete in the Annual Adam Bryant Minima Regatta; was a key employee who initiated and assisted in the construction of the first Fire Safety Float for the Annual Lighted Christmas Parade. Lalo exemplifies the selfless dedication it takes to serve the citizens of this community, and is well deserving of this commendation. Presented To -.Z RODRIGUE In recognition of completing Five -Years of Dedication and Service with the City of Okeechobee a&,4>i'efighterxmergency Medical Technician November 27 2007. to November 27, 2012 Presented this Nb day of February, 2013 James E. Kirk Mayor ATTEST: Lane Gamiotea, CMC City Clerk F Presented To DOW,,,LING R,, WATFORD-, JK In recognitidn of completing 30 Years of Dedication and Service with the City.of Okeechobee as an Elected Official January 1, 1981 to December 31, 1984 and 'january 6, 1987 to January- 6;, 2013 Presented this 5" day of February, 2013 James E. Kirk fir/ Mayor ATTEST:G-- L ne Gamiotea, CMC City Clerk Exhibit 1 Feb 5, 2013 CITY OF OKEECHOBEE (86) 763-3372 73-rG$6363 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3R11 AVENUE OKEECHOBEE, FLORIDA 34974 NAME: ; a sL.rT-r, `l C rr\, mH�1A�c> ADDRESS: i Z i b A"A. "l U TELEPHONE 33�-- - 5 t Z-- (-10 fi &_ FAX: MEETING: REGULAR 91 SPECIAL Cl WORKSHOP ❑ DATE: PLEASE STATE THE � TEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA PLEASE STATE W HAT DEPARTMENT(5) YOU HAVE WORKED W ITH: ------------------------------- - - -- --- - -- -- ----- - - --- - - --- - -------- PLEASE STATE DESIRED ICTION BY THE CI Y COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PR APPRO SIGN] ME TO TEN MINUTES UNLESS OTHERWISE )ATE: -- ( - 7 Z- /-3 n ALCOHOLIC BEVERAGES v k- Sec. 6-1. Hours; Sunday sales; holiday sales. (a) Sale of liquor prohibited on Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alco- holic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of liquor, as defined in F.S. ch. 565, but excluding beer and wine, between 2:00 a.m. Sunday, and 7:00 a.m. Monday. (b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve, to sell, or cause to be sold, or to permit the sale, service or consumption of beer, as defined in F.S. ch. 563, or wine as defined in F.S. ch. 564, between 2:00 a.m. Sunday, and 1:00 p.m. Sunday. (c) Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any person holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve or sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m., Monday through Saturday; providing for clarifi- cation that any alcoholic beverage may also be sold from 7:00 a.m. Saturday and 2:00 a.m. Sun- day, and beer and wine may be sold on Sunday between the hours of 1:00 p.m. and 12:00 mid- night. (d) Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, or the Fourth of July were to fall on a Sunday in any calendar year, any person holding an alco- holic license from the state division of alcoholic beverages and tobacco may, at their option, re- main open for the sale of any beer and wine permitted by such license until 2:00 a.m. on Monday morning following such Sunday holiday. (e) Authority of police department. The chief of police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license from the state division of alcoholic bever- ages and tobacco for inspection purposes, or other § 6-2 such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it rea- sonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the chief of police, or his officers, are authorized to immediately order the establish- ment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business, or a tenant leasing from a license holder to any additional penalties as may be imposed by F.S. ch. 162, or this Code. (Code 1982, § 3-2) State law references --"Alcoholic beverages" defined, F.S_ § 561.01; "beer" defined, F.S. § 563.01; "wine" defined, F.S. § 564.01; municipal authority to regulate hours, F.S. § 562.14. Sec. 6-2. Distance from church, school, or day care center. (a) Except as provided in subsection (b) of this section, no place of business for the sale of alco- holic beverages on lands designated as commer- cial or industrial on the future land use map of the city shall be located within 100 feet of prop- erty owned or utilized by any established church, school, or day care center. (b) Except for premises licensed on or before July 1, 1999, and except for locations that are licensed as restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to F.S. ch. 509, a location for on -premises consumption of alcoholic beverages may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or sec- ondary school unless the city council approves the location as promoting the public health, safety, and general welfare of the city under proceedings as provided in F.S. § 166.041(3)(c). This restric- tion shall not, however, be construed to prohibit the issuance of temporary permits to certain nonprofit organizations as provided for in F.S. § 561.422. The division may not issue a change in the series of a license or approve a change of a licensee's location unless the licensee provides documentation of proper zoning from the city zoning authorities. CD6:3 cm NUW EMBIT 1 StPT 6, 2011 ORDINANCE NO. 1072 re o. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY'SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, possesses a legitimate interest to govern the sales of alcoholic beverages within the City; and WHEREAS, the City has historically prohibited sales of alcohol on Sundays, being a day of worship, except in limited circumstances for beer and wine; and WHEREAS, with the growth and expansion of the City, and the development of restaurants, lodging and nationally recognized chain operations locating to the City, the permission to sell liquor to its patrons on Sundays has proven to be a request by such operations as a condition of locating in the City; and WHEREAS, such commercial growth is vital to the community and citizens of Okeechobee, so long as the City's fundamental interests are met, that would limit the sale of alcohol of every nature on Sundays; and WHEREAS, provisions to permit sales of liquor on Sundays can be strictly limited to qualifying commercial establishments, and yet retain a ban on general sales of liquor to the public, which, when balanced with economic development, would be of benefit to the City, its citizens and taxpayers. NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That the provisions of Chapter 6, Alcoholic Beverages, Code of Ordinances for the City of Okeechobee Florida, is hereby amended to the following extent: Section 6-1. Hours; Sunday sales; holiday sales. shall be unlawful fbr any person holding an aleeholic beverage license from the state d vision of a'eoholie beverages and tobaceo to serve, to sell, or eatise to be sold, or to /J\"" permit the sale, ��l Vill%, ., constimption of liquor, as defamed in F.S. ch. 565, but ��` . ,and 7-88 a.m. Monday. ,1 (e) Lal Hours for sale of all alcoholic beverages. Except as otherwise provided in this section, it shall be unlawful for any person or entity, including those holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco to serve or sell, or cause to be sold or consumed, or to permit the sale or consumption of any alcoholic beverage between the hours of 2:00 a.m. and 7:00 a.m. daily, Monday through Saturday_ - providing for clarification any alcoholie beverage may also be sold from 7,00 a..... 8-twelay a�d 2800 a.m. Sunday, and beer and wine may be sold on Sunday between the hours of I 80 p.m. and 12.00 midnight. (b) Sale of beer and wine limited on Sunday. Except as otherwise provided in this section, for qualifying establishments, it shall be lawful unlawful for any entity Language to be added is underlined Language to be deleted Is to be stru ek thi ough Ordinance No.1072 - Page 1 of 5 'WAW %NW person holding an alcoholic beverage license issued by fry the State of Florida to serve, to sell, or permlt eattse to be served or sold; or consumed, beer as defined in Fiori,�Ja %Statutes Chapter 563, or and wine products in, on or from their premises, between the hours of 11:OO a.m. to midnight on Sundays. as defined in Florida Statutes Ghapter 564, between 208E) a.m. Sunday, and 1 s88 p.m. Stinday. (d) Oc Certain Sunday holiday sales permitted. If the holidays of New Year's Eve, New Year's Day, Christmas Eve, Christmas Day, or the Fourth of July were to fall on a Sunday in any calendar year, any entity lawful person holding an alcoholic beverage license issued by fi°e-m the State of Florida, division of alecholie beverages and tobaceo may; at their option, remain open for the sale of a" beer and wine as permitted by such license on such Sunday from 11:00 a.m. to midnight; and for liquor, including package sales, from 11:00 a.m. Sunday to midnight SundAy ui°rtii 2000 a.m. on Monday morning f6ilowing sueh Sunday holida . (e) dJ Authority of police department. The Chief of Police, or his officers, may enter upon and into any establishment holding an alcoholic beverage license from the state division of alcoholic beverages and tobacco for inspection purposes, or other such purpose as permitted by general law, during such business hours, or at such time as the license holder, his agent or employee, or such other persons who may be within the premises, to determine compliance with this section. If it reasonably appears to the officer that alcohol is being served, consumed or sold, past the time permitted in this section, the Chief of Police, or his officers, are authorized to immediately order the establishment to be closed. This failure to comply with this section may also subject the license holder, the owner of the business or a tenant leasing from a license holder to any additional penalties as may be imposed by Florida Statute Chapter 162, or this Code. Such authority shall also include requiring the establishment make available to the City its business records to the extent necessary to determine the percentage of sales of food and nonalcoholic beverages by the establishment, in order to assure compliance with this code. Such records shall be viewed only on the premises of the establishment and not be considered public record. (e) Certain Sunday liquor sales permitted. It shall be lawful for certain qualifying establishments to sell or serve all alcoholic beverages, including beer, wine by package or drink, and liquor by the drink, on Sundays from the hours of 11:00 a.m. to 12:00 midnight on Sunday, under the following circumstances: That the establishment bea bona fide restaurant, which is defined as an establishment engaged primarily in the service of food and nonalcoholic beverages, where the sale or service of alcoholic beverage is incidental to the sale and service of food and nonalcoholic beverages, and meets all of the followina criteria: Such qualifying bona fide_ restaurant must possess a license issued by the division of alcoholic beverages and tobacco, State of Florida to permit sales of bee, wine and liquor under the provisions of Florida Statute Chapter 561 Chapter 565, and Florida Administrative Code Section 61A-3000 et. seq. for quota or speciality license, and such establishment must derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages. (0 Limitation on package or off premises sales. For a bona fide restaurant qualifying for Sunday liquor sales, it shall be unlawful to make package sales of liquor by the bottle, or single drinks to be taken off premises except as provided in subsection (c) herein. W [moved from Section 6.2 (a)] Limitations on location of establishment. Except as provided hereafter' , no establishment Tress for the sale of alcoholic beverages on lands designated as Commercial or Industrial on the Future Land Use Map of the City of Okeechobee shall be located within one hundred feet (100') of property owned and operated as an established or-atilized-ley arrq church, day care, or school. Language to be added is underlined Language to be deleted is to be straclrthroa911 Ordinance No.1072- Page 2 of 5 ao.. NEW Any restaurant licensed to sell and serve alcohol, including liquor, and including those that qualify for sales on Sunday as provided herein, shall not be physically located within one hundred feet (100') of a church, or public or private school or day care facility. Any establishment that would be considered a bar, which derives less than 51 percent of its gross revenues from the sale of food and nonalcoholic beverages, and which sells liquor by the drink on the premises, and any establishment that sells liquor by the, bottle or package sales, shall not be physically located within five hundred feet (500') of a church, or public or private school, or day care facility. Exempted from these requirements are any currently existing and permitted establishments that were in place prior to the establishment of the church or school. These restrictions shall not be construed to prohibit the issuance of temporary permits for special events to sell alcoholic beverages by agencies, groups, non -profits, or others who may qualify for such permit under this code. Will IF IF 9 .. . ... . . ... . . .. -:.:Pq FIT-01-- - - - - - -91 - • ; 21 - - - .... ...- - - - -ItIn.1 ::::. IN LV- ; ; ;AN .- 0 P.'Ii-Mgi N [moved from Section 6.2 (d)] The distance shall be measured along a straight line from the front door of such business to the front door of such church, school or day care center. Each church, school, day care center and business selling alcoholic beverages shall permanently designate to the City the sole front door upon which the distance measurement shall be based. (i [moved from Section 6.2(e)] This section shall not apply to any business establishment presently operating under a valid City Business Tax Receipt ocetipational license on the effective date of the ordinance from which this restriction is derived and located closer than the restricted distances to any church, school or day care center. M [moved from Section 6.2(f)] Any existing business establishment on the effective date of the ordinance from which this restriction is derived selling alcoholic beverages, and operating under a valid City Business Tax Receipt ocetipational License, which is located closer to a church, school or day care center than as provided in this section, shall not hereafter be permitted to expand or enlarge the existing square footage of the building. Lkj [moved from Section 6.2(g)] Any existing business establishment selling alcoholic beverages which is located closer to a church, school or day care center than as provided in this section may continue such use so long as the owner or occupant holds a valid City Business Tax Receipt and alcoholic beverage license from the state. However, once the business is sold or transferred, and another use is made of the location, such location shall not thereafter be re-established for the sale of alcoholic beverages, unless in compliance with this section. Language to be added is underlined Language to be deleted is to be struek throuejh Ordinance No.1072- Page 3 of 5 Section 6.2 Qualifying establishment permits for Sunday sales. As a prerequisite to operation a restaurant that qualifies under this section, and which wishes to operate on Sunday, shall obtain a permit from the City of Okeechobee, with the following information: (j 1. Current business tax operation license, with fictitious name registration, if applicable, or certificate of incorporation with registered agent. 2. Current premises and property liability insurance certificate in a minimum sum of one million dollars ($1 000 000.00) aggregate coverage. 3. Floor plan or drawing with square footage of facility, location of kitchen, bar, and customer service area with designation of number and placement of tables and chairs. 4. Current license issued by State of Florida permitting sale of alcohol, beer, wine and liquor. 5. Pa ment of special permitfee calculated at 1.00 percustomer chair. (b) Permit suspension. The City of Okeechobee may suspend, or revoke any permit issued hereunder under any of the following circumstances: 1. Loss of business tax license, alcohol sales license, or lapse of liability insurance. 2. Arrest or conviction of staff members for sale of alcohol to underage persons. 3. Failure to adhere to permitted hours or conditions of operation. 4. Failure to maintain control and order at the establishment, including repeated necessity for law enforcement to respond or intervene at the establishment. 5. Permitting off premises consumption or open container violations. or loitering in the outside walkway, common areas or parking lot of the establishment. 6. Complaints verified by law enforcement of adverse affects on neighboring properties, whether commercial or residential, including noise, trash. vandalism. 7. Imposition of violation by the State against the establishment for any violation of the provisions of Florida Statutes Chapter 509. 8. Limiting food sales to less than 51 percent of gross revenue from sale of food and nonalcoholic beverages. (j The penalties available to the City of Okeechobee for any such violation shall include: 1. Warning letters to cease and desist. 2. Imposition of a fine against the establishment up to $250.00 for a first violation, and up to $500 00 for any subsequent violation. Language to be added is underlined Language to be deleted is to be struelt throtro Ordinance No.1072- Page 4 of 5 ,%W *4r 3. Suspension of permit to sell alcohol on Sundays for up to five (5) days for a first violation, and up to thirty (30) days for any subsequent violation. 4. Revocation of permit. Any of these penalties may be imposed commensurate with the severity of the violation, and need not be imposed in the order they are listed. Any action by the City to suspend such permit shall first be made in writing to the establishment, directing that they cease the unauthorized activities: upon a second verified violation by the establishment within a sixty (60) day period, the establishment shall be provided a notice of intent to revoke the permit. The owner or authorized representative of the establishment shall be notified by notice of public meeting that this decision is placed on the agenda of the City Council, who shall have final decision as to such suspension. The decision of the City Council shall be supported by substantial competent evidence, which may be appealed by the violator to the circuit court. Chapter 6, Sections 6.3 and 6.4 remain unchanged. Section 2. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 3. Severability. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance shall not be effected thereby, but shall remain in full force and effect. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 16t" day of August, 2011. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 6 th day of September, 2011. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor Language to be added is underlined Language to be deleted is to be struelc threu Ordinance No.1072- Page 5 of 5 SEPTEMBER 6, 2011- REGULAR MEETING & FIRST BUDGET HEARING - PAGE 2 OF 8 II AGENDA III COUNCIL ACTION - DISCUSSION - VOTE 8 V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the August 16, 2011 Regular Meeting and Budget Workshop. VI. AGENDA - Mayor. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1. a) Motion to read by title only proposed Ordinance No. 1072 regarding alcohol sales on Sunday - City Attorney (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1072 by title only. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the August 16, 2011, Regular Meeting and Budget Workshop; seconded by Council Member O'Connor. There was no discussion on this item. VOTE KIRK -YEA MAXWELL-YEA O'CONNOR-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. There were none. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M. Council Member O'Connor moved to read by title only, proposed Ordinance No. 1072 regarding alcohol sales on Sunday; seconded by Council Member Watford. VOTE KIRK -YEA MARKHAM-YEA O'CONNOR-YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1072 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6.1, 6.2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANTSALES; PROVIDING FOR j PENALTIES; AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAY CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to adopt Ordinance No. 1072. 111 Council Member O'Connor moved to adopt proposed Ordinance No. 1072; seconded by Council Member Maxwell. SEPTEMBER 6, 2011- REGULAR MEETING & FIRST BUDGET HEARING - PAGE 3 OF 8 11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11 VII. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (for proposed Ordinance No. Mayor Kirk asked whether there were any questions or comments from the public. Pastor Huckabee addressed the 1072). Council urging them not to support the adoption of proposed Ordinance No.1072. He went on to explain his reasons why allowing hard liquor sales would not benefit the community as a whole, and that the current law is a good compromise. Attorney Cook noted that this proposed ordinance had been amended from the previous reading. His goal was to keep the objective relatively simple. Council Member Maxwell had forwarded a memorandum of proposed amendments and Attorney Cook advised that he did not see a problem with those as they were outlined. However, this would require amending the proposed ordinance. Before discussing amending the ordinance Council Member Watford asked that the matter be discussed further by the Council. He then asked, how is the County's ordinance written regarding this matter? Administrator Whitehall explained that the County interprets their definition differently in that they do not distinguish between beer, wine and liquor, therefore all sales of all alcoholic drinks are allowed after 1:00 p.m. on Sundays. He also noted that the proposed ordinance would allow alcohol sales within the City to begin at 11:00 a.m. on Sundays. Council Member Watford added that at the first reading he was in support of this ordinance. However, after much deliberation, he still found himself with two problems with the ordinance. Enforcement and the other, the oath of office he took when sworn into office to uphold the constitution, struggling with what is legal and what is moral and he could not support this at this time. Council Member Williams added that he received a letter from Mrs. Billy Jean Reynolds, and read into the official record: 1 am asking each of the Okeechobee City Councilmen to please vote against extending the sale of alcohol at the September 6, 2011 meeting. October 19,1967 m y husband, fir. Larry Riedel was hit by a car, he died several hours later. The driver of that car had too many alcoholic drinks. I lostmy husband. My children lost their father. Larry was 39 years old. Our lives were changed forever. You have the opportunity to vote against the extension of the sale joq alcohol. If you do, you may have a part in saving someone's life or preventing someone from being crippled for the rest of their life, it could be one of your love ones. Should you vote yes l wilt assume it matters not to you that many people have suffered from the results of alcohol, Please vote no." Council Member Williams added he did not support the proposed ordinance. Council Member Maxwell was the next to weigh in on the matter and added that while he did not disagree with what Pastor Huckabee nor Mrs. Reynolds stated, his decision had to be made on what is best for the whole community, and not his personal opinion or popular opinion. Council Member O'Connor did not wish to state his views. a 5 AGENDA SEPTEMBER 6, 2011- REGULAR MEETING & FIRST BUDGET HEARING - PAGE 4 OF 8 COUNCIL ACTION - DISCUSSION -VOTE VII. PUBLIC HEARING CONTINUED. A. 2. b) Public discussion and comments (for proposed Ordinance No. 1072). c) Vote on motion. Item Added: Discuss Alcohol Sales in the City Parks in coordination with a Special Event Permit - Mayor. Mayor Kirk then finalized the discussion by commenting he would have had a different opinion on this matter two weeks ago. However, he had received a lot of phone calls, not one of them was for the passing of the ordinance. He too has wrestled with this, a person can drive a short distance to get a drink in the County should they desire. He questioned, "Where are the citizens who this will benefit?" No one is here to speak in favor of this being adopted. After much thought, prayer, and debate, and the fact that none of the people who might benefit from this in the audience, he agreed with Council Member Watford, should we have to vote, it will be no. KIRK- No MAXWELL - YEA O'CONNOR - YEA WATFORD - NO WILLIAMS - No MOTION DENIED. Before closing the Public Hearing, and due to the above matter not passing, Mayor Kirk decided to address the alcohol in the park's matter. At the August 16, 2011 meeting, the Council directed the Administrator to present a proposed ordinance allowing such sales for special events. He read into the record a letter from the Hamrick Trust: "As you are aware, a proposal has recentlybeen made to the City Council to allow the consumption of alcoholic beverages in Flagler Park during special events. Please know that Gil Culbreth and 1, the co -trustees of the Hamrick Trust, have discussed this matter and we are both in agreement that such a policy should not be implemented for Flagler Park. The idea of the park is to allow and facilitate public use. We are concerned that such a policy would actually lead to a decline in the use of the park property by families. We urge you and the Council to vote against any such ordinance that may be proposed. Very truly yours, Michael M. Hamrick." Following the Mayor stating his opposition, he asked for each Council Member to weigh in on the subject. Council Member Watford stated his same comments would apply to this subject as well. Council Member Williams added his opinion had not changed and he was not in favor of it. Council Member Maxwell noted that over the past weekend he traveled to Louisiana. Knowing these issues were going to be before us, he tried to be more attentive than normal to cities as he traveled through them. He still felt that having more opportunity, allowed for a more viable downtown, which is the goal. A fundamental part of our parks is expanding the flexibility of the use of our parks. Council Member O'Connor did not state his views. Mayor noted that since there was not a majority in favor of the change there was no reason to proceed therefore it is a dead issue. CLOSE PUBLIC HEARING FOR ORDINANCES - Mayor. III MAYOR KIRK CLOSED THE PUBLIC HEARING FOR ORDINANCES AT 6:45 P.M. AUGUST 16, 2011 - BUDGET WORKSHOP & REGULAR MEETING - PAGE 3 OF 13 AGENDA IX. AGENDA - Mayor. COUNCIL ACTION - DISCUSSION -VOTE A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. agenda. There were none. X. NEW BUSINESS. A.1 .a) Motion to read by title only and set September 6, 2011 as a final Council Member Watford moved to read by title only and set September 6, 2011 as a final public hearing date for public hearing date for proposed Ordinance No. 1072 - City proposed Ordinance No. 1072, seconded by Council Member O'Connor. Attorney (Exhibit 2). 111 b) Vote on motion to read by title only and set final public hearing date. KIRK - YEA MAKWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1072 by title only. City Attorney read proposed Ordinance No. 1072 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES, CODE OF ORDINANCES; PARTICULARLY SECTION 6-1, 6-2 AND THEREOF; TO PROVIDE FOR SALE OF LIQUOR ON SUNDAYS IN LIMITED CIRCUMSTANCES; TO PROVIDE FOR SALES OF LIQUOR ON SUNDAYS BY BONA FIDE RESTAURANTS; CREATING PROVISION FOR SPECIAL PERMIT FOR RESTAURANT SALES; PROVIDING FOR PENALTIES, AMENDING DISTANCE FROM CHURCH, SCHOOLS OR DAYCARE CENTERS; PROVIDING FOR SEVERAB►LITY, PROVIDING FOR AN EFFECTIVE DATE." 2. a) Motion to approve the first reading of proposed Ordinance No. 111 Council Member Watford moved to approve the first reading of proposed Ordinance No. 1072; seconded by Council 1072. Member O'Connor. b) Discussion. Currently, any business holding an alcoholic beverage license from the state, can only sell beer and wine on Sundays between the hours of 1:00 p.m, and 12:00 midnight within the City Limits. This proposed ordinance will allow liquor to be sold on Sundays as well, during specified times, at qualified restaurants. Attorney Cook noted the language in the proposed ordinance needs to be modified for clarification, as written it could be interrupted that a person cannot drink in their own home on Sunday during certain times. Council Member Williams stated his opposition and that the sales for one day would not be worth the outcome. The Council held a lengthy discussion on the matter, including the effect it would have on the demise of the City's family oriented image, hardships of the economic situation and whether this could be an avenue to stimulate some business. AUGUST 16, 2011 - BUDGET WORKSHOP & REGULAR MEETING - PAGE 4 OF 13 AGENDA COUNCIL ACTION - DISCUSSION - VOTE X. NEW BUSINESS CONTINUED. A. 2. b) Discussion on proposed Ordinance No. 1072 to allow liquor sales Mayor Kirk asked whether there were any comments from the public. Mr. Thomas Hoover, owner of Kahootz Draft on Sunday continued. House, stated his concern, this should apply to all businesses that have the proper licensing rather than just those restaurants with 50 or more seats. Mrs. Anita Nunez, owner of Hammerheads Billiards Bar and Grill, agreed that this should be allowed for all businesses properly licensed, what is fair for one should be fair for all. However, in regards to the 100 foot buffer between certain types of businesses, she agreed that 100 feet may not be sufficient, unless the businesses were located along the prime, main highways (Parrott Avenue and Park Streets). Ms. Elaine Waters, representing Grace Brethren Church, opposed this ordinance and the distance of 100 feet being too close to churches, schools and day care centers. Commenting, "this will destroy the beauty of Okeechobee and our family oriented environment and community." Several Council Members and the Mayor noted various modifications that needed to be implemented to the proposed ordinance, including those suggested by Attorney Cook. Mayor Kirk instructed Council to submit their suggestions to Administrator Whitehall for inclusion along with Attorney Cook's so that they may be incorporated and that the final draft of the ordinance presented in a manner that can be enforced. c) Vote on motion. VOTE KIRK - YEA MAXWELL - YEA O'CONNOR - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. B. Discussion regarding the consumption of beer and wine in the City Administrator Whitehall began the discussion by explaining the City is considered unique since it does not allow Parks for special events - City Administrator. alcohol sales or beer or wine consumption for special events held in the City Parks. In May of 2010, the 4" Annual Gang Free Bike Fest received special permission to serve beer on private property across from the parks, where the actual event was held. The extra effort it took to keep the beer consumption on the private property stirred interest to find out whether the Council would be open to allowing such sales at special events, as other cities allow. Council Member Watford added that he was approached with this request as well and under the right circumstances he would consider allowing as this is another form of revenue for non-profit organizations and can attract additional events to our community. Council Member Maxwell and O'Connor agreed. Mayor Kirk and Council Member Williams stated their opposition and that they had a real problem supporting alcohol in the park. Okeechobee is different and they want to keep the parks as a family oriented environment where children are not exposed to alcohol. Mayor Kirk asked whether there were any comments from the public. A letter was distributed to Council prior to the meeting from Ms. Bobbi Poole, City business owner, stating her opposition to this request. 0 0 on Exhibit 2 Feb 5, 2013 CONSENT TO ASSIGNMENT OF LEASE THIS CONSENT TO ASSIGNMENT OF LEASE is made effective this _ day of February 2013, by the City of Okeechobee, Florida ("City of Okeechobee"), in favor of Florida Public Utilities Company, a Florida corporation ("FPUC"), and Flo -Gas Corporation, a Florida corporation ("Flo -Gas")_ WHEREAS, the City of Okeechobee, as lessor, and Glades Gas Company c/k/a Glades Gas Company of Okeechobee, Inc., a Florida corporation ("Glades Gas"), as lessee, are parties to that certain Lease dated June 14, 1977 (a copy of which is attached hereto as Exhibit A, the "Original Lease"); WHEREAS, pursuant to Assignment of Lease dated January 15, 2013 among the City of Okeechobee, Glades Gas and FPUC (a copy of which is attached hereto as Exhibit B), the City of Okeechobee consented to the assignment of the Original Lease by Glades Gas to FPUC; WHEREAS, FPUC desires to assign the Original Lease to its wholly -owned subsidiary, Flo -Gas and the City of Okeechobee, having found that the refusal to grant permission to assign the Original Lease would serve no municipal purpose, desires to approve such assignment. THEREFORE, for and in consideration of the mutual considerations to each party to the Original Lease, as well as the interests of the assignee to the lease, Flo -Gas, the City of Okeechobee hereby grants permission for the Original Lease to be assigned by FPUC to Flo -Gas. APPROVED this day of February 2013. ATTEST: Lane Gamiotea, CMC, City Clerk AS TO FPUC: Florida Public Utilities Company By: Name: Title: James E. Kirk, Mayor REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney AS TO FLO-GAS: Flo -Gas Corporation By: Name: Title: 6019106B8 0 w Exhibit A LEASE THIS AGREr Z made _his f L1/ dap of 1977, between the Ct ty of att;techobce, r--Orida. a F orida ^.icipai cozporcr_on, hercist--frwcv ret'c .ec to ac Lessor, and Glades Cas Comp -tj. a corporation, herelna£ter referred to as I.eesee. KiiTZ' S, the Lcs .cc i:l plarta'L.ag on expanding Its i present faci_it; c- ,d i `t-rTEREAtS, said fac'ilitics adjoin the belotr described alley. 7,--o-a'n as: A portion of an alie J 15 fcot in Uridth lying is 330ek =9, C?ty o= Okamdhobcc, cccordi.: g to the plat thereof recorded '_:t Plat Boob 1, pLaoe 10. of the Public Records of Okeechobee County, Florida; 3eing more particularly d"crlbcd as follo+as: 6eaLnning at: r-hc Norc:h-.rest corner of Lot 17 of the said Block fig, bear Rasterly 142.50 feet to the northeast comer of Lot 19: Thence bear Norchcrly 20,00 feet to the Southeast comer i of Lot 8; T'nsnce "bear Westerly 142.50 feet to the Southxreat comer i of Lot 10; _aence Sou-therly 20.00 feet to the point-o£-begi-a Ing; i and aL f :t_RiAS, the Lessee rr-saes co utilizethe a11c1 tray ! . I paziti=g a;-d tcraFc eras, Sad f.' WEEKR-FAS, 23i.t?alleyi g � not presently used by the pi:h„zc, UO;Z TRERkFORE, Lessor £n comsideratlon of the covenancd and agrae -mnca here=mfccr coataimad and made on part of that La.asoa, does hureBy doariso and Ir-aac to Laascc for utc only by Lessee, chat aforeaent<ored alley way to be used or paL=king P. q sto=ag,e = =ea and fox no other purposes ulhataocvcr in the Cot=ty of Okeechobee, State of ?lorida, to hnv4 and to hold the same for and during t_ L- tares co=zciag 0--t the 15th day of .3e:ac, 1977, and ' r cr_, Lr+ng ort the i5th day of Jtmo. 2076. £nci�zrc, x � s .. PaJ4 2 of 3 601910688 rN 1-0,'STT3Z;b1T;0N of said deem and of the covenants and agreements herei„ nafter exprev�cd, it _cove-+atwcd aMe- agr -ad ss fo'i Loss: 1. M\T i.essee shall pay as rent for said premises i the s%.of Ono ($,1.00) Dollar, during the te= of this lease. 4 payab1s ac the start of said term. 2. Tii3T T�s,ee. ayttlL keep said presaisee in a Ilea t and orderly =arzmcr in conjunction L-ith any local, co---.Zty cr --tata 3. THAT Lei .or has no objection to the c=—ItructiOA by Lczsoa at the sole expense of Lessee of paring and fencing over and across the alley *gay through the aforesaid Block 49. �T3 fb- 5. THAT Lessee agrees to hold Lessor harmless against aLl corte_s Ln care of litigac-on xri,ina from =y acts of Lessee. itz' Agana of caployees. b. THAT Lesser shall not assign this lease ;without JTitter• ycr"1ssion o; lessor. iTt2't SS the hands and seals of Che parties haxaco nco f day End year -First above trrit=en. ATTEST : CZTF OF 0KgECH0BZZ, FT..ARIB,I CLTY cIZRc M&YOR j %T rrIITiIESs^ ES : r � t -�Y Av to City o Okeechobee 1 to sees Cis Company . i If t �C� tr_ c �•t % �r-�- .Cs s r !3 - C-Ivs. r�`� ��. Asoro ty of•$ cc oe s: o a s as mpany GLADES GAS C(WARY Page 3 of 3 BT: CAX `- la c_ -' -_.•l t f 01 err+' Exhibit B ASSIGNh,,lENT OF LEASE THIS AGREEMENT, made this 15" day of .largo• IS, 2023, oeh%*en Lh's CITY OF OKEECHOBEE, FLORIDA, and GLADES GAS COMPANY, Okeechobee, Florida, as parties to that certain Lc;** of AiEay Agreement dated June 14. 1977, and atttacteid herewi?,h 93 Exhibit A, to approve assignment of *aid loase, agree as fol;crws: The oiginal tease of the CITY OF OKEECHOBEE alleyuoy to GLADES GAS COMPANY is for the felicHing desc^Fbai allay, A portion of an alley 15 feet In width lying in Block 49, City of Okeechobee, according to the plat thereof recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; being more particularly described as follows. beginning at the Northwost comer of Lot 17 of said Block 49, boar Easterly 142.50 foot to the Northeast comer of Lot 19; thence bear Northerly 20.00 foot to the Southeast comer of Lot 6; thence boar Westerly 142M feet to the Southwest corner of Lot 10; thence Southerly 20.00 f eet to the point of beginning. That GLADES GAS COMPANY has the opportunity and has requested for approval by the CITY OF OKEECHOBEE to assign thts lease, pursuant to paragraph six of the Iense, to a purchaser. That refusal to grant p6rmzsion to align the lease vvYA save no mtvkr cfpai Pwpase_ Therefore, for the mutual considerations to e-:*:h party to the fens&, w, welt as the In.eresm of the assignee to the lease. Florida Public UdUset Company, IM Worthington Road, West Pam Soach, Florida, the CITY OF OKEE- CHOREE herein grants potrrk.;s*n for the lease to be assi3ned by GLADES GAS COMPANY, to Flo i Public Uttitiea Company. APPROVED this I,?- day of Janwry, 2013, ATTEST: YjnA Ganiote . CfJC. C:tf Cte A AS TO GLADES GAS COMPANY: Print 'z . e: -SAPAg— Us. a3t�: n --- j .iamsss E lark. I;layYx REVIEWED FOR LEGAL SUFFICIENCY: i i� '"_..j�v Jahn Cook, C AS TO FLORIDA Puma timrne8 CDUPAMY. Feint Marna Ti* Data, 601910688 Exhibit 3 Feb 5, 2013 ' k CITY OF OKEECHOBEE DATE: Feb 5, 2013 TO: Mayor & City Coun FR: City Administrator RE: 90 day extension of Wk Co p related benefit paying Brian Padgett diff between Wk Comp pay and normal ay as provided for by Personnel Code Employee Benefits section (pg 13) Job Connected Injury Benefits (attached) requiring City Council to approve said extension. David Allen memo: Date: January 29, 2013 TO: Brian Whitehall, City Administrator FR: David Allen, Public Works Director RE: Brian Padgett Workers Compensation Supplemental Payment Continuation Per India's previous memo, Brian Padgett was injured on the job on 10/23/12 and the initial 90 calendar day period for the City's supplementary payment was completed on 1/22/2013. Given the extent of Brian's injuries and his efforts to comply with the requirements the medical professionals assigned to his case, I would recommend continuation of the supplemental payment per the guidelines outlined in our Personnel Policies & Procedures Handbook. Continuation of the payment for up to the additional 90 days allowed will be based on Brian's ability to return to work and upon his continued efforts to meet all the requirements of the medical personnel assigned to his case. India Riedel memo: From: India Riedel, Finance Director Jan 29, 2013 RE: Possible extension of pay -Injured worker Brian Padgett was injured on the job on 10/23/12. Synopsis of injury: Broken left leg. Surgery/pins put in place. Extensive home Physical Therapy and now outpatient Physical Therapy. Disease specialist seen recently as the wound was not healing appropriately.We have paid Brian's full salary since inception and he has provided the WC checks that the Workers Compensation carrier sends to him. The 90 calendar days was met as of 01 /22/2013 in regards to 100% pay to Brian 'VA1' JOB CONNECTED INJURY BENEFITS The City provides Worker's Compensation Insurance benefits to any employee injured as a result of job duties -The City will secure immediate medical attention for an injured employee and furnish competent medical services. 'I1ie insurance plwi provides for complete payment for medical services, hospital charges.and related therapy or.taeat-anent. The City will pay the employee's regular weekly salary less applicable deductions the first seven (7) days an employee has been temporarily disabled. Worker's Comp-ensation will pay benefits for periods exceeding seven (7) days. The employee will receive the difference between what the Worker's Compensation benefit pays and his/her normal salary equaling one hundred percent (100%) of his/her normal salary if the injury is attizbutable to the employee's occupation in the City and is considered as such under the Workers' Compensation Statute of the State of Florida and its rules and regulations. This difference in worl,;prs compensation benefits and normal salary shall be provided up to ninety (90) days from the date of injtny. Extensions beyond 90 days may be made by the City Council in increments up to ninety (90) days. The employee wiII reimburse the City if the amount paid exceeds one hundred percent (100%) of normal salary. This may be accomplished by the employee making a cash payment to the City. Specific details can be provided by the Finance Department. An employee who is injured as a result of job duties and is classified permanently totally disabled by Worker's Compensation will be entitled to leave with full pay, commencing from the date that the employee is so classified by the State, which will be reduced by the benefits paid to the employee by the insurance carrier for a maximum of ninety (90) calendar days. The paid disability leave must be recommended by the employee's Depart-ment (lead and authorized by the City Council. An employee who remains permanently totally disabled after the allowed maximum disability leave may elect to receive weekly payments charged first to accrued sick leave then to accrued annual leave account. These amounts will be reduced by the disability benefits paid to the employee by the insurance carrier, or an employee classified as permanently totally disabled may elect to immediately cash out any accrued sick leave or annual leave,