2016-11-01CITY OF OKEECHOBEE
NOVEMBER 1, 2016, REGULAR CITY COUNCIL MEETING
55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974
SUMMARY OF COUNCIL ACTION
PAGE 1 OF 5
11 AGENDA 11 COUNCIL ACTION - DISCUSSION - VOTE 11
CALL TO ORDER - Mayor
November 1, 2016, City Council Regular Meeting, 6:00 P.M.
II. OPENING CEREMONIES
IV.
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Invocation to be given by Revered Jim Dawson, First United Methodist Church;
Pledge of Allegiance led by Mayor Kirk.
MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Mike O'Connor
Council Member Gary Ritter
Council Member Dowling R. Watford, Jr.
City Attorney John R. Cook
City Administrator Marcos Montes De Oca
City Clerk Lane Gamiotea
Deputy City Clerk Bobbie Jenkins
Fire Chief Herb Smith
Interim Police Chief Bob Peterson
Public Works Director David Allen
AGENDA - Mayor
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
PROCLAMATIONS AND PRESENTATIONS - Mayor
A. Proclaim the month of November, 2016 as "Diabetes Awareness
Month."
Mayor Kirk called the November 1, 2016, Regular City Council Meeting to order at 6:02 P.M.
In the absence of Reverend Jim Dawson, the invocation was offered by Council Member Dowling Watford; the
Pledge of Allegiance was led by Mayor Kirk.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Kirk asked whether there were any additions, deferrals, or withdrawals on today's agenda. A letter from Ms.
Angie Griffin was added to the proclamations and presentations portion of the agenda.
Mr. Steven Nelson with Okeechobee Discount Drugs was in attendance to accept the Proclamation for Diabetes
Awareness Month, which was read in its entirety by Mayor Kirk as follows: "Whereas, The City of Okeechobee in
partnership with Okeechobee Discount Drugs strives to keep its population healthy through education,
awareness and empowerment; and Whereas, Diabetes affects nearly 29 million Americans today; another
86 million Americans have pre -diabetes and are at risk for developing Type 2 diabetes; and Whereas, Every
23 seconds someone in the United States is diagnosed with Diabetes. Recent estimates have found that
Diabetes is the 7rh leading cause of death in the United States causing more deaths than AIDS and (continued)
W
NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 2 OF 5
AGENDA
V. PROCLAMATIONS AND PRESENTATIONS CONTINUED
A. Proclaim the month of November, 2016 as "Diabetes Awareness
Month" continued.
ITEM ADDED TO AGENDA:
B. Letter regarding draining from Ms. Angie Griffin read into record
VI. MINUTES - City Clerk
A. Motion to dispense with the reading and approve the Summary of
Council Action for the October 4, 2016, and the October 18, 2016,
Regular Meetings.
VII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor
A.1.a) Motion to read proposed Ordinance No. 1146 by title only, adopting a
moratorium on issuing business licenses, planning applications,
petitions, and/or developments for medical marijuana distribution
facilities - City Attorney (Exhibit 1).
COUNCIL ACTION - DISCUSSION - VOTE
Breast Cancer combined; and Whereas, Diabetes doubles the risk for heart attack or stroke and is the
leading cause of kidney failure. Diabetes is also the leading cause of blindness among working -age adults.
Now Therefore, I, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee,
Florida, do hereby proclaim the month of November 2016 as `Diabetes Awareness Month' and, along with
Okeechobee Discount Drugs, encourage all residents to become educated partners in their own health and
bring awareness to this disease in an effort to keep the population of Okeechobee healthy."
Mayor Kirk received a hand delivered letter prior to the meeting, which requested for it to be read into the official
record: "1 would like to give a big thank you to the City Council, City Administrator, and the Public Works
Department of the City of Okeechobee. 1 am a business owner on Southwest Park Street. And, as I'm sure
you are aware, we have a drainage problem in that area — to the point that water floods into the back of the
building when it storms. After expressing the issue to all of the Councilmen and City Administrator and
giving it necessary time, I'm happy to say a solution was made! With the help of Mike O'Connor and Marcos
MontesDeOca, the Public Works Department came out and dug, mostly by hand, and poured a concrete
storm drainage area which has alleviated the problem! They have even followed up with me to see how it's
working out.1 always hear how you can't get the City to do anything, but I'm here to say that you can! 1 want
to give a special thanks to Mike O'Connor, Marcos MontesDeOca, Cleveland Lamb, Marvin Roberts,
Donovan Whitehall, Eric Ward, Cody Rodriguez, and Donny Robertson for a job well done! Sincerely, Angie
Griffin, Staffords Salon."
Mayor Kirk instructed Director Allen to be sure to share a copy of the correspondence with each of his employees
and add the rest of the Council's appreciation as well.
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
October 4, 2016, and the October 18, 2016, Regular Meetings; second by Council Member O'Connor. There was no
discussion on these items.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M.
Council Member Watford moved to read proposed Ordinance No. 1146 by title only, adopting a moratorium on
issuing business licenses, planning applications, petitions, and/or developments for medical marijuana distribution
facilities; seconded by Council Member O'Connor.
NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 3 OF 5
47
II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II
VII. PUBLIC HEARING CONTINUED
A.1.b) Vote on motion to read by title only.
A.1.c) City Attorney to read proposed Ordinance No. 1146 by title only
2.a) Motion to adopt Ordinance No. 1146.
b) Public comments and discussion.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor
VIII. NEW BUSINESS
A. Motion to adopt proposed Resolution No. 2016-08, authorizing specific
agents of the City to open and/or maintain deposit of accounts with
financial institutions - City Attorney (Exhibit 2).
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL
AMENDMENT, ARTICLE X, SECTION 29, `USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS"
ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING
THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY
THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL
MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE
ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER
ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS
DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH
REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID
MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS
TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY
OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS,
DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA
TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1146.
Mayor Kirk asked whether there were any questions or comments from the public. There were none. There was also
no Council discussion on this item.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M.
Council Member Watford moved to adopt proposed Resolution No. 2016-08, authorizing specific agents of the City
to open and/or maintain deposit of accounts with financial institutions; seconded by Council Member O'Connor.
NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 4 OF 5
•
•
AGENDA
Vill. NEW BUSINESS CONTINUED
A. Motion to adopt proposed Resolution No. 2016-08, authorizing specific
agents of the City to open and/or maintain deposit of accounts with
financial institutions continued.
B. Motion to adopt Addendum No. 1 to the Legislative Services Agreement
dated March 1, 2000, with CAS Governmental Services, LLC, to include
required Florida Statutory language and approve a one-year extension
not to exceed $18,000 for Fiscal Year 2016-17 - City Attorney (Exhibit
3).
C. Motion to waive the formal bidding procedures and award the City's
annual mapping services contract to Global Mapping, in the amount of
$8,800.00 - City Clerk (Exhibit 4).
COUNCIL ACTION - DISCUSSION - VOTE
Attorney Cook read proposed Resolution No. 2016-08 by title only as follows: "A RESOLUTION BY THE CITY
COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING CONTINUING RESOLUTION FOR
EXECUTION OF BANKING DOCUMENTATION RELATED TO DEPOSIT ACCOUNTS OF THE CITY WITH
VARIOUS FINANCIAL INSTITUTIONS, WHEREBY THE CITY DESIGNATES A FINANCIAL INSTITUTION AS A
DEPOSITORY FOR FUNDS OF THE CITY; AUTHORIZING CERTAIN CITY OFFICIALS AS GOVERNMENTAL
AGENTS TO UPDATE OR SUBMIT CERTIFICATES TO SUCH FINANCIAL INSTITUTIONS THE CITY MAY
HAVE SELECTED FOR DEPOSIT OF FUNDS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE."
After a brief discussion on this item, Mayor Kirk called for a vote.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Council Member O'Connor moved to adopt Addendum No. 1 to the Legislative Services Agreement dated March 1,
2000, with CAS Governmental Services, LLC, to include required Florida Statutory language and approve a
one-year extension not to exceed $18,000 for Fiscal Year 2016-17; seconded by Council Member Ritter.
Attorney Cook explained this is the normal one-year extension with the lobbyist firm. The addendum adds the
required Florida statutory language that went into effect July 1, 2016, for all new contracts and/or renewals.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
Council Member Watford moved to waive the formal bidding procedures and award the City's annual mapping
services contract to Global Mapping, in the amount of $8,800.00; seconded by Council Member O'Connor.
As set out in the Code of Ordinances Section 2-288, written justification from the City Clerk to the City Administrator
was provided within Exhibit 4, explaining Global Mapping remains the consultant for certain mapping services
provided to the Okeechobee County Property Appraiser's Office. By using the same firm, the costs to the City are
reduced to update the Zoning, Future Land Use, and Subdivision Maps, as well as it maintains operational
standards, and serves as the best working relationship with the County office. The amount is the same as last Fiscal
Year.
NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 5 OF 5
AGENDA
COUNCIL ACTION - DISCUSSION - VOTE
VIII. NEW BUSINESS CONTINUED
C. Motion to waive the formal bidding procedures and award the City's VOTE:
annual mapping services contract to Global Mapping, in the amount of KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
$8,800.00 continued. RITTER — YEA WATFORD — YEA MOTION CARRIED.
IX. ADJOURNMENT - Mayor There being no further discussion, nor items on the agenda, Mayor Kirk adjourned the meeting at 6:24 P.M. The
Please take notice and be advised that when a person decides to appeal any decision made by the City Council with next regular scheduled meeting is November 15, 2016.
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 Duroose of backup for official records of the Clerk.
ATTEST:
Lane Gamiotea, CI C, City Clerk
James E. Kirk, Mayor
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NEWSMEDIA INC. USA�.4
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 4tiz. i-r
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
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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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and sybscribed bef e me is f
a6 I-dayof (�' AD
Notary Public, State of Florida at Large
( .•`o N;.?yoc;� A4>iiFE3fiJt7GES
MY COMMISSION # FF 976149
EXPIRES: ipriA 20, 2020
9Dndw Thfu Notary Pubiir Urdarwritets
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CITY COUNCIL MEETING —
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City of Okeechobee, November 1, 2016 meeting Minutes taken during the meeting by L. Gamiotea
CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on November 1, 2016, at 6:00 P.M. in
the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, Okeechobee, Florida 34974.
II. OPENING CEREMONIES: The invocation was to be given by Reverend Jim Dawson, First United Methodist Church;
the Pledge of Allegiance led by Mayor Kirk.
III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk Present
Council Member Noel Chandler
Present
Council Member Mike O'Connor
Present
Council Member Gary Ritter
Present
Council Member Dowling R. Watford, Jr.
Present
City Attorney John R. Cook
Present
City Administrator Marcos MontesDeOca
Present
City Clerk Lane Gamiotea
Present
Deputy City Clerk Bobbie Jenkins
Present
Interim Police Chief Bob Peterson
Present
Fire Chief Herb Smith
Present
Public Works Director David Allen
Present
IV. AGENDA — Mayor
A. Requests for the addition, deferral or withdrawal of items on today's agenda. Letter from Citizens to be read during
the proclamation.
V. PRESENTATIONS AND PROCLAMATIONS — Mayor
Proclaim the month of November, 2016 as "Diabetes Awareness Month."
(Mr. Steve Nelson was not present at this time. Mayor- we will come back to it when he arrives.)
Mayor Kirk presented the following proclamation to Mr. Steven Nelson of Okeechobee Discount Drugs, which read:
"Whereas, The City of Okeechobee in partnership with Okeechobee Discount Drugs strives to keep its
population healthy through education, awareness and empowerment; and Whereas, Diabetes affects nearly
29 million Americans today; another 86 million Americans have pre -diabetes and are at risk for developing
Type 2 diabetes; and Whereas, Every 23 seconds someone in the United States is diagnosed with Diabetes.
Recent estimates have found that Diabetes is the 7th leading cause of death in the United States causing
more deaths than AIDS and Breast Cancer combined, and Whereas, Diabetes doubles the risk for heart
attack or stroke and is the leading cause of kidney failure. Diabetes is also the leading cause of blindness
among working -age adults. Now Therefore, 1, James E. Kirk, by virtue of the authority vested in me as
Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2016 as `Diabetes
Awareness Month' and, along with Okeechobee Discount Drugs, encourage all residents to become
educated partners in their own health and bring awareness to this disease in an effort to keep the
population of Okeechobee healthy."
Added to agenda: Mayor Kirk - Letter from citizen read into the record.
Drainage issue from South Park Street business owner. " insert verbatim of letter"
Original from Mayor given to Clerk for the record.
VI. MINUTES — City Clerk
A. Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
Regular Meetings of October 4, and 18, 2016; second by Council Member O'Connor.
No discussion.
Page 1 of 3
VOTE:
KIRK — YEA
RITTER — YEA
CHANDLER —YEA
WATFORD — YEA
O'CONNOR — YEA
MOTION CARRIED.
(6:08 PM, Mr. Nelson entered chambers, return to proclamation presentation, then continue with agenda below)
VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M.
A.1.a) Council Member Watford moved to read proposed Ordinance No. 1146, adopting a moratorium on issuing business
licenses, planning applications, petitions, and/or developments for medical marijuana distribution facilities — City
Attorney (Exhibit 1); seconded by Council Member O'Connor.
b) Vote on motion to read by title only.
VOTE:
KIRK— YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
c) Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2
CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, `11SE OF MARIJUANA FOR
DEBILITATING MEDICAL CONDITIONS" ON THE BALLOT FOR THE GENERAL ELECTIONS
SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE
APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY THEN ENACT
REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL MARIJUANA;
THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE
AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER ANY, THAT
LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS
DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH
REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID
MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR
BUSINESS TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE
CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A
BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE
DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE."
2.a) Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1146.
b) Public comments and discussion.
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Council discussion: none.
c) Vote on motion.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M.
VIII.NEW BUSINESS
Page 2 of 3
O'CONNOR — NO
MOTION CARRIED.
A. Council Member Watford moved to adopt proposed Resolution No. 2016-0r, 'authorizing specific agents of the City
to open and/or maintain deposit of accounts with financial institutions - City Attorney (Exhibit 2); seconded by
Council Member O'Connor.
Attorney Cook read proposed Resolution No. 2016-08 by title only as follows: "A RESOLUTION BY THE CITY
COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING CONTINUING RESOLUTION FOR
EXECUTION OF BANKING DOCUMENTATION RELATED TO DEPOSIT ACCOUNTS OF THE CITY WITH
VARIOUS FINANCIAL INSTITUTIONS, WHEREBY THE CITY DESIGNATES A FINANCIAL INSTITUTION AS A
DEPOSITORY FOR FUNDS OF THE CITY, AUTHORIZING CERTAIN CITY OFFICIALS AS GOVERNMENTAL
AGENTS TO UPDATE OR SUBMIT CERTIFICATES TO SUCH FINANCIAL INSTITUTIONS THE CITY MAY
HAVE SELECTED FOR DEPOSIT OF FUNDS; PROVIDING FOR CONFLICT, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE."
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
B. Council Member O'Connor moved to adopt Addendum No. 1 to the Legislative Services Agreement date March 1,
2000, with CAS Governmental Services, LLC to include required Florida Statutory language and approve a one-
year extension not to exceed $18,000 for Fiscal Year 2016-17 - City Attorney (Exhibit 3); seconded by Council
Member Ritter.
Attorney Cook, was the normal one year extension with our lobbyist firm. City Clerk brought to my attention that this
requires the new language we've been having to do on all contracts and/or renewals that went into effect July 1.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA O'CONNOR — YEA
WATFORD — YEA MOTION CARRIED.
C. Council Member Watford moved to waive the formal bidding procedures and award the City's annual mapping
services contract to Global Mapping, in the amount of $8,800.00 - City Clerk (Exhibit 4); seconded by Council
Member O'Connor.
Watford — this is the same company that we've been doing business with for many years? Lane, Yes.
And it's a sole source because they are the same company that handles the maps for the property appriasers
office, which gives the city a lower price since the work is the same? Lane, Yes.
And this is the same amount from previous year? Lane, yes, same for about 4 years now.
Ritter — questions the same as Dowling.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
O'CONNOR — YEA
MOTION CARRIED.
IX. ADJOURNMENT - Mayor
There being no further items on the agenda, Mayor Kirk adjourned the meeting at 6:24 P.M.
Page 3 of 3
City of Okeechobee, November 1, 2016 meeting Minutes taken during the meeting by B. Jenkins
CALL TO ORDER: Mayor Kirk called the Regular City Council Meeting to order on November 1, 2016, at 6: P.M. in
the Council Chambers, Room 200 located at City Hall, 55 SE 3rd Avenue, 0 ech bee, Florida 34974.
OPENING CEREMONIES: The invocation was to be given by m son, First United Methodist Church;
the Pledge of Allegiance led by Mayor Kirk.
III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk
Mayor James E. Kirk Present
Council Member Noel Chandler
Present
Council Member Mike O'Connor
Present
Council Member Gary Ritter
Present
Council Member Dowling R. Watford, Jr.
Present
City Attorney John R. Cook
Present
City Administrator Marcos MontesDeOca
Present
City Clerk Lane Gamiotea
Present
Deputy City Clerk Bobbie Jenkins
Present
Interim Police Chief Bob Peterson
Present
Fire Chief Herb Smith
Present
Public Works Director David Allen
Present
IV. AGENDA — Mayor
A. Requests for the addition, deferral or withdrawal f items n today's agenda. There were none.
Read IeHer -From �iti o C ngie YIW6) In4o record
V. PRESENTATIONS AND PROCLAMATIONS — Mayor
Proclaim the month of November, 2016 as "Diabetes Awareness Month."
Mayor Kirk presented the following proclamation to Mr. Steven Nelson of Okeechobee Discount Drugs, which read: "Whereas,
The City of Okeechobee in partnership with Okeechobee Discount Drugs strives to keep its population healthy
through education, awareness and empowerment, and Whereas, Diabetes affects nearly 29 million Americans today,
another 86 million Americans have pre -diabetes and are at risk for developing Type 2 diabetes; and Whereas, Every
23 seconds someone in the United States is diagnosed with Diabetes. Recent estimates have found that Diabetes is
the Ph leading cause of death in the United States causing more deaths than AIDS and Breast Cancer combined, and
Whereas, Diabetes doubles the risk for heart attack or stroke and is the leading cause of kidney failure. Diabetes is
also the leading cause of blindness among working -age adults. Now Therefore, 1, James E. Kirk, by virtue of the
authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of November 2016
as `Diabetes Awareness Month' and, along with Okeechobee Discount Drugs, encourage all residents to become
educated partners in their own health and bring awareness to this disease in an effort to keep the population of
Okeechobee healthy."
SfeAH NQlson 0A, OK t Discount Dru�C s �,orp sen f �o acc�pf�rw/ar ah,on.
-lurks 61" �ouJnCil �would
roC�11A
a�trO. t� 1nerin G�1Yh�. a_1k'Chi.
'krA&
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��- ers all ' e Y ou-� lnvolvemeh.-� �n Its ro9 rarn as ,{Urn had
VI. MINUTES — City Clerk
A. Council Member N(1� moved to dispense with the reading and approve the Summary of Council Action for
the October 4, 2016, and the October 18, 2016 Regular Meetings; second by Council Member W
VOTE:
KIRK — YEA CHANDLER — YEA
RITTER — YEA WATFORD — YEA MOTION CARRIED.
_( _
Page 1 of 5
VII. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT
A.1.a) Council Membermoved to read proposed Ordinance No. 1146, adopting a moratorium on issuing
business licenses, planning applications, petitions, and/or developments for medical marijuana distribution facilities;
seconded by Council Member
b) Vote on motion to read by title only.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA � OTION CARRIED.
c) Attorney Cook read proposed Ordinance No. 1146 by title only as follows: "AN ORDINANCE OF THE CITY
OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTITUTIONAL
AMENDMENT, ARTICLE X, SECTION 29, `USE OF MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS"
ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEMBER 8, 2016; IT APPEARING
THAT SHOULD THE MEASURE BE APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY
THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND DISTRIBUTION OF MEDICAL
MARIJUANA; THAT PENDING SUCH VOTE AND ACTION OF THE LEGISLATURE OR STATE
ADMINISTRATIVE AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS WHETHER
ANY, THAT LOCAL MUNICIPAL GOVERNMENTS COULD ENACT REGARDING THIS ISSUE, THAT UNTIL IT IS
DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERNMENTS CAN PROCEED WITH
REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID
MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS
TAX RECEIPT, OCCUPATIONAL LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY
OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION OF A BUSINESS THAT SELLS,
DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA
TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION, PROVIDING FOR CONFLICT, PROVIDING FOR
SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE4--to
." 2.a) Motion and second by Council Members �"cand adopt proposed Ordinance No. 1146.
b) Public comments and discussion. j 6 public CDKNYLs 01,
c) Vote on motion.
KIRK — YEA
RITTER — YEA
VOTE:
CHANDLER — YEA
WATFORD — YEA
MAYOR KIRK CLOSED THE PUBLIC HEARING AT �', I l
' 6R -YEA
OTION CARRIED.
Page 2 of 5
VIII.NEW BUSINESS
A. Motion and second by Council Members V4 and ►"u to adopt proposed Resolution No. 2016-08, authorizing
specific agents of the City to open and/or maintain deposit of accounts with financial institutions.
Attorney Cook read proposed Resolution No. 2016-08 by title only as follows: "A RESOLUTION BY THE CITY
COUNCIL FOR THE CITY OF OKEECHOBEE, FLORIDA, AUTHORIZING CONTINUING RESOLUTION FOR EXECUTION
OF BANKING DOCUMENTATION RELATED TO DEPOSIT ACCOUNTS OF THE CITY WITH VARIOUS FINANCIAL
INSTITUTIONS, WHEREBY THE CITY DESIGNATES A FINANCIAL INSTITUTION AS A DEPOSITORY FOR FUNDS OF
THE CITY, AUTHORIZING CERTAIN CITY OFFICIALS AS GOVERNMENTAL AGENTS TO UPDATE OR SUBMIT
CERTIFICATES TO SUCH FINANCIAL INSTITUTIONS THE CITY MAY HAVE SELECTED FOR DEPOSIT OF FUNDS;
PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE."
VOTE:
KIRK — YEA CHANDLER — YEA NNOR —
RITTER — YEA WATFORD — YEA MOTION CARRIED.
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dC- vr;�,�►���'ew; move accoun+s around PirU,cslrn�r��f. pu.v vs £
fn��s" rays. kesvion Q;u-bonus-typ,nSQ�Tl�1'l got '
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Iu�ar - Q11y 2 o f qi Jam � maer
Page 3 of 5
B. Motion and second by Council Members W and G* to adopt Addendum No. 1 to the Legislative Services
Agreement date March 1, 2000 with CAS Governmental Services, LLC to include required Florida Statutory
language and approve a one-year extension not to exceed $18,000 for Fiscal Year 2016-17.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNQ.R.--Yf,4-
RITTER — YEA WATFORD — YEA MBTION CARRIED.
J�— 46S(6� bf VA 01S.
yqi UI)c cords FS r 6-P-cfiff
Page 4 of 5
C. Motion and second by Council Members and KO to waive the formal bidding procedures and award the
City's annual mapping services contract to Global Mapping, in the amount of $8,800.
VOTE:
KIRK — YEA CHANDLER — YEA O'CONNOR — YEA
RITTER — YEA WATFORD — YEA l--,-MOTION CARRIED
DW- sole sou u__ lM l lbin uS4 n
Rw awffw�-.
IX. ADJOURNMENT - Mayor 11A
There being no further items on the agenda, Mayor Kirk adjourned the meeting at
Page 5 of 5
Okeec�obee, Floriva
WHEREAS, The City of Okeechobee in partnership with Okeechobee
Drugs strives to keep its population healthy through education,
and empowerment; and
WHEREAS, Diabetes affects nearly 29 million Americans today, another 86 million
Americans have pre -diabetes and are at risk for developing Type 2 diabetes;
and
WHEREAS, Every 23 seconds someone in the United States is diagnosed with
Diabetes. Recent estimates have found that Diabetes is the Th leading cause of
death in the United States causing more deaths than AIDS and Breast Cancer
combined, and
WHEREAS, Diabetes doubles the risk for heart attack or stroke and is the leading
cause of kidney failure. Diabetes is also the leading cause of blindness among
working -age adults.
NOW THEREFORE, I, James E. Kirk, by virtue of the authority vested in me as
Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of
November 2016 as "Diabetes Awareness Month" and, along with
Okeechobee Discount Drugs, encourage all residents to become educated
partners in their own health and bring awareness to this disease in an effort to
keep the population of Okeechobee healthy.
on November 1, 2016, I have
caused tljs,seaI to be affixed
E. Kirk, Mayor
Drainage
I would like to give a big thank you to the city council, city administrator and the public works
department of the city of Okeechobee.
I am a business owner on Southwest Park Street. And, as I'm sure you are aware, we have a drainage
problem in that area --- to the point that water floods into the back of the building when it storms. After
expressing the issue to all of the councilmen and city administrator and giving it necessary time. I'm
happy to say a solution was made!
With the help of Mike O'Connor and Marcos Montes De Oca, the public works department came out
and dug, mostly by hand, and pored a concrete storm drainage area which has alleviated the problem!
They have even followed up with me to see how it's working out.
I always hear how you can't get the city to do anything, but I'm here to say that you can!
I want to give a special thanks to Mike O'Connor, Marcos Montes De Oca, Cleveland Lamb, Marvin
Roberts, Donovan Whitehall, Eric Ward, Cody Rodriguez and Donny Robertson for a job well done!
Sincerely
Angie Griffin
Staffords Salon
Exhibit 1
ORDINANCE NO. 1146 Nov 1, 2016
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2
CONSTITUTIONAL AMENDMENT, ARTICLE X, SECTION 29, "USE OF
MARIJUANA FOR DEBILITATING MEDICAL CONDITIONS" ON THE
BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR
NOVEMBER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE
APPROVED BY THE ELECTORATE, THE FLORIDA LEGISLATURE MAY
THEN ENACT REGULATIONS OR RESTRICTIONS ON THE SALE AND
DISTRIBUTION OF MEDICAL MARIJUANA; THAT PENDING SUCH VOTE
AND ACTION OF THE LEGISLATURE OR STATE ADMINISTRATIVE
AGENCY, IT REMAINS UNCLEAR WHAT RESTRICTIONS OR
REGULATIONS WHETHER ANY, THAT LOCAL MUNICIPAL
GOVERNMENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL
IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL
GOVERNMENTS CAN PROCEED WITH REGULATIONS, THAT A
MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID
MORATORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF
ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL
LICENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR
ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERATION
OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY
MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA
TO THE PUBLIC; PROVIDING FOR SUNSET PROVISION; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, there is a measure on the ballot of November 8, 2016, for voter consideration
to approve Amendment 2, the so called "use of marijuana for debilitating medical
conditions" amendment to the State of Florida Constitution; and
WHEREAS, should the matter be approved by vote of the electorate, the Florida
Legislature or State Administrative Agency, may enact certain regulations or
restrictions as to the manner and means of the sale and distribution of "use of
marijuana for debilitating medical conditions;" and
WHEREAS, pending such vote, and subsequent action by the Legislature or State
Administrative Agency, it is not clear at what point and to what extent local municipal
governments can impose local regulations, be it by Zoning and Land Use
Regulations; or Special Exception; or imposing an outright ban on such activity; and
WHEREAS, local municipal governments have a legitimate and inherent interest in the
sale and distribution of substances that impact the quality of life in the City of
Okeechobee, and which may cause impairment to its citizens and others, and can
enact ordinances to address and regulate such sales; and
WHEREAS, the City Council for the City of Okeechobee, believes it is in the best interests
of the City and its citizens of Okeechobee to impose a Moratorium on the permitting
of business locations to sell or distribute medical marijuana pending outcome of the
vote, and clarification of the ability of local municipal government to impose
additional or stricter regulations; and
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.
THAT the City Council for the City of Okeechobee, Florida, hereby enacts and
imposes a Moratorium which has the effect of prohibiting and preventing any
Department of the City of Okeechobee from accepting an application for Business
Tax Receipt, Occupational License, Land Use or Zoning change, Special Exception,
or in any manner acting upon a request of any person or entity for the establishment
Ordinance No. 1146 Page 1 of 2
of a busin,ocation within the City that is for the purpose galling, distributing,
advertising, or in any manner promoting the sale and/or distribution of marijuana for
medical, or any other purpose.
SECTION 2.
THAT this Moratorium shall remain in effect for 180 days from the effective date
hereof, pending further action by the City Council of the City of Okeechobee, which
may then impose additional regulations, or Land Use or Zoning restrictions, on the
operation of such a business.
SECTION 3.
THAT this Moratorium shall expire automatically without further action by the City
Council of the City of Okeechobee, in the event the electorate should not approve
Amendment 2 on November 8, 2016.
SECTION 4.
THAT should the measure be approved on November 8, 2016, this Moratorium shall
automatically expire 180 days from the effective date hereof, unless extended by
further action of the City Council of the City of Okeechobee.
SECTION 5.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 6.
Should any provision or portion of this Ordinance be declared by a 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 7.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 18ih day of
October, 2016.
James. E. Kirk, Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 1" day of
November, 2016.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
Ordinance No. 1146 Page 2 of 2
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Katrina
Elsken, who on oath says she is the 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 A„ ,Al -0:
in the matter of fT-9,J-)-2Z4'
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 further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Katrina Elsken
Sworn to and subscribed befoxe me this
I ( .4-7— day of !,) AD
Notary Publics State of Florida at Large
4• �;
ANGIEBRWES
MY COMMISSIDN # FF 976149
Ex.PIRES: Apfil20,2020
80nd0d Thru Notary l%blic Urd6rwfitor6
Okeechi
107 SW 17th
Okeechobee
863-7
t,%�zi+�e
da 34974
34
L! i'/
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
NOTICE IS HEREBY GIVEN that the City Council of the city of Okeecl
bee, will conduct a Public Hearing on Toes, Nov. 1, 2016, at 6 PM, or
soon thereafter possible, at Gty Hall, 55 SE 3rd Ave, Okeechobee, FL,
consider final reading for adoption of the following Ordinance into law: F
1146: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIL
ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSI
TUITIONAL AMENDMENT ARTICLE 7f, SECTION 29, `USE OF MAF
IUANA FOR DEBILITAITNG MEDICAL CONDITIONS- ON TI
BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEI
BER 8, 2016; ZT APPEARING THAT SHOULD THE MEASURE BE A
.'Y IT REMAINS UNCLEAR WHAT
VSr WHETHER ANY, THAT LOCAL M
LD ENACT REGARDING THIS ISSUI
D WHEN AND WHETHER LOCAL M
PROCEED WITH REGULATIONS, TF
WITHIN THE CITY OF OKEECH
WENDING THE ACCEPTANCE AND
TOTHER DEVELOPME1NT PERMIT DIRECTED TO —&—mu MKIM1, ZONING OR LAND USE TH
IN OF A BUSINESS THAT SELLS, DISTRIBUTES, PROI
ANY MANNER DEAI$ WITH THE DISTRIBUTION OF
RLTUANA TO THE PUBLIC: PROVTnTNr me CIINc[
nu MK wnrua• PROVIDING FOR SEV-
ERABILIfY; PROVIDING FOR AN EFFECTIVE DATE.
IAll members of the public are encouraged to attend and partidpate in said
Hearing. The proposed ordinance may be Inspected in its entirety
by be
of the public at the Office of the City Clerk during normal business
hours, Mon-Fd, 8:00 AM-4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
bapate in this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863-763-3372.
BE ADVISED that should you Intend to show any document, picture, video
or items to the Council in support or opposition to any item on the agenda,
a copy of the document, picture, video, or item MUST be provided to the
Gty Clerk for the City's records.
47: City Clerk Lane Gam
8042 ON 10 21/20161otea, CMC
Exhibit 2
RESOLUTION NO. 2016-08 -"'Nov 1, 2016
A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF OKEECHOBEE,
FLORIDA, AUTHORIZING CONTINUING RESOLUTION FOR EXECUTION OF
BANKING DOCUMENTATION RELATED TO DEPOSIT ACCOUNTS OF THE
CITY WITH VARIOUS FINANCIAL INSTITUTIONS, WHEREBY THE CITY
DESIGNATES A FINANCIAL INSTITUTION AS A DEPOSITORY FOR FUNDS
OF THE CITY; AUTHORIZING CERTAIN CITY OFFICIALS AS
GOVERNMENTAL AGENTS TO UPDATE OR SUBMIT CERTIFICATES TO
SUCH FINANCIAL INSTITUTIONS THE CITY MAY HAVE SELECTED FOR
DEPOSIT OF FUNDS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida must select financial institutions in which to
deposit funds from time to time, and to obtain certain banking services including, but not
limited to money market investments, and qualified public deposit accounts; and
WHEREAS, these institutions, as a prerequisite to maintaining an account, requires
governmental entities to submit certificates of resolution, which banking forms set forth
qualifying information concerning the City of Okeechobee, Florida, and its authorized
agents who may execute documents, withdraw funds, transfer funds, make investment
decisions, close accounts, and related necessary banking decisions; and
WHEREAS, the submission of certificates of resolution and execution of same to these
institutions is a pro forma procedure which designated City of Okeechobee staff should
be authorized to perform on a continuing basis as needed; and
WHEREAS, the intent of this Resolution is to create and authorize a continuing Resolution for
the completion of these forms without the necessity of formal and additional action by
the City Council; and
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote of
the City Council; and properly executed by the Mayor or designee, as Chief Presiding
Officer for the City:
SECTION 1: The above recitals are hereby incorporated into the body of this Resolution, and
adopted as findings of fact.
SECTION 2: That this Resolution, shall be a continuing authorization for certain City of
Okeechobee staff to execute and submit as needed, a certificate of resolution
form provided by the financial institution which sets forth the necessary
information and authorization as required by such institution to maintain the
account(s).
SECTION 3: That any two of the following four positions within the City of Okeechobee are
authorized to execute the certificates of resolution for the financial institutions,
and to be named by the City of Okeechobee to the institutions as authorized
governmental agents, and to perform banking functions and deal with the funds
and accounts as set forth in the certificate of resolution or as otherwise
authorized by the City Council:
-Mayor
-City Clerk
-City Administrator
-Finance Director
RESOLUTION NO. 2016-08 PAGE 1 OE 2
SECTION 4: To the extent that there are any typographical and/or administrative errors and/or
omissions that do not change the tone, tenor, or context of this Resolution, then
this Resolution may be revised, without subsequent approve of the City Council
of the City of Okeechobee.
SECTION 5: Conflict. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
SECTION 6: Severability. That if any portion of this Resolution should be judicially determined
to be unenforceable, then the balance thereof shall continue to remain in full
force and effect.
SECTION 7: Effective Date. This Resolution shall take effect immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 15t day of November, 2016.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
RESOLUTION NO. 2016-08 PAGE 2 OF 2
Exhibit 3
Nov 1, 2016
ADDENDUM NO. 1
LEGISLATIVE SERVICES AGREEMENT
BETWEEN
THE CITY OF OKEECHOBEE
AND CAS GOVERNMENTAL SERVICES, LLC
THIS ADDENDUM to the contract for legislative services with CAS Governmental
Services., LLC, dated this 1' day of November, 2016, and the terms herein are
incorporated by reference and made a part of the renewal Letter of
Understanding relating to revision of compensation to current legislative services
agreement with the professional firm/contractor.
1. The legislature has amended Chapter 119 Florida Statutes, Section .0701
thereof, to expand the obligation of local government to include into all
contracts certain language that relates to public records, which is made a part
of this Contract.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT:
CITY CLERK'S OFFICE
55 S.E. 3RD Avenue
Okeechobee, FL. 34972
(863) 763-3372 ext. 215
Igamiotea@cityofokeechobee.com
2. The contractor shall adhere to Florida public records laws, including the
following:
a. Keep and maintain public records required by the City to perform the
services, and upon request of the custodian of records for the City,
provide the City with a copy of the requested records or allow the
records to be copied or inspected within a reasonable time at a cost that
does not exceed the cost allowed in Chapter 119 or as otherwise
provided by law.
b. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of this contract term and following
ADDENDUM NO. 1 Page 1 of 3
completion of the contract if the contractor does not transfer the records
to the City.
c. Upon completion of the contract, transfer, at no cost, to the City all public
records in possession of the contractor or thereafter keep and maintain
public records required by the City to perform the service. If the
contractor transfers all public records to the City upon completion of the
contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to the City, upon request of the City
Clerk, in a format that is compatible with the information technology
systems of the City.
3. Noncompliance:
a. A request to inspect or copy public records relating to the City's contract
for services must be made directly to the City. If the City does not
possess the requested records, the City shall immediately notify the
contractor of the request, and the contractor must provide the records to
the City or allow the records to be inspected or copied within a
reasonable time. A reasonable time is defined as within eight (8)
business days.
b. If the contractor does not comply with the request of the City for the
records, the City shall enforce the contract provisions in accordance with
the contract.
c. If the contractor fails to provide the public records to the City within a
reasonable time, the contractor may be subject to the penalties under
Chapter 119.10.
4. Civil Action.
a. If a civil action is filed against a contractor to compel production of public
records relating to the City's contract for professional services, the court
shall assess and award against the contractor the reasonable costs of
enforcement, including reasonable attorney fees, If:
1) The court determines that the contractor unlawfully refused to comply
with the public records request within a reasonable time; and
2) At least eight (8) business days before filing the action, the plaintiff
provided written notice of the public records request, including a
ADDENDUM NO. 1 Page 2 of 3
statement that the contractor has not complied with the request, to
the City and to the contractor.
b. A notice complies with the above if it is sent to the custodian of public
records for the City and to the contractor at the contractor's address
listed on its contract with the City, or to the contractor's registered agent.
Such notices must be sent by common carrier delivery service or by
registered, Global Express Guaranteed, or certified mail, with postage or
shipping paid by the sender and with evidence of delivery, which may be
in an electronic format.
c. A contractor who complies with a public records request within eight (8)
business days after the notice is sent is not liable for the reasonable
costs of enforcement.
IN WITNESS WHERE OF, the CITY and the Professional have made and executed this
Addendum to the Contract:
AS TO THE CITY:
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
AS TO THE PROFESSIONAL:
James E. Kirk, Mayor
Date: November 1. 2016
(Signature)
(Printed Name & Title)
Date:
ADDENDUM NO. 1 Page 3 of 3
Craig A. Smith & Associates
1000 W. McNab Road, Suite 200
Pompano Beach, FL 33069
This Agreement is by and between the City of Okeechobee, Florida, hereinafter referred to
as the "CITY" and the consulting firm, Craig A. Smith & Associates, hereinafter referred to.
as "CAS".
Whereas, the CITY seeks to engage the services of an individual or firm to seek, write and
administer grants and special Legislative Appropriation Funding. This service will be with
respect to grants, special funding and/or appropriations relating to the City of Okeechobee,
Florida.
Whereas, the CITY voted in an official meeting of the Okeechobee City Council to contract
the professional services of Craig A. Smith & Associates to seek and administer special
funding projects relating to services and improvements in the City of Okeechobee, Florida.
SERVICES: CAS will provide the following services: Research potential grants, write
grants and administer grants. Provide information and data to Federal, State and Regional
agencies; Prepare appropriate draft cooperative agreements for agencies involved and for
review by the CITY; Provide appropriation language and, as may be needed, work with
CITY staff; Attend and provide testimony at appropriate Tallahassee subcommittee
meetings; Attend and provide testimony at appropriate Tallahassee committee hearings;
Coordinate and solicit support from legislators and appropriate state agencies; Report
findings to the CITY; Make necessary reports to appropriate Federal, State and Regional
agencies; Administer the program/project and prepare and submit close-out documents as
necessary and directed.
COMPENSATION:
CAS shall receive an annual retainer fee of $10,000.00 to be paid upon invoice,
_ CAS shall also invoice the CITY for normal out-of-pocket expenses and hourly rate
fees for time worked and other pass -through charges normally associated with
these duties. The hourly rate will be $100.00 per hour. Craig A. Smith & Associates
agrees that it will divide costs for "similar and alike" services among the clients
represented using "similar and alike" services, for charges incurred in this section.
_ The CAS Administration fee will be 4.5% based on the funding amount obtained
and/or value gained for the CITY. CAS is not due any Administration Fee unless
the grant, appropriation or special funding project is approved. After the special
funding project is approved, and appropriate fund acquisition contracts are
approved and acceptable to the CITY, CAS may invoice the CITY for the amount
due.
The CITY agrees to make payment within thirty (30) days of CAS invoicing.
CRAIG A. SMITH ASSOCIATES
a 7777 Glades Road - Suite 410 - Boca Raton, Florida 33434
CONSULTING ENGINEERS • SURVEYORS - LI ILITY LOCATORS - GRANT SPEGULISfS W W W C R A I G A 5 M I T H C O M
July 7, 2011
Mr. Brian Whitehall, City Administrator
55 SE Third Avenue
Okeechobee City
Okeechobee, Florida 34974
RE: Assignment of Governmental Services Division Contract
Dear Mr.: Whitehall:
Craig A. Smith & Associates, Inc. thanks you for allowing us to provide Governmental Services
for the City of Okeechobee.
We would appreciate your considerations in assigning the Governmental Services contract to a
new entity, CAS Governmental Services, LLC. There will be virtually no change in services
except that this firm is an LLC and will no longer be directly connected to the professional
engineering firm of which I am President.
The long and successful governmental services that has been in place will continue with the
same legislative team, Dale Milita as President, Ken Grimes and Connie Vanassche as Vice
Presidents.
It will be greatly appreciated if you will allow this assignment procedure as may be provided for
in the present contract.
Sincerely,
Oee R. 'Sc hrine�r,P �
4�
President
cc: M. Dale Milita
CAS Governmental Services. LLC
i/ o /
Date•
9 S 4. 7 8 2. 8 2 2 2 5 6 1. 7 9 1. 9 2 8 0 P h o n e 5 6 1. 3 1 4. 4 4 S 3 3 0 5. 4 6 1. 4 4 1 0
9 5 4. 7 8 6. 8 9 2 7 F a x S 6 1 7 9 1 9 8 1 8
o CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
n Telephone: 863-763-3372 Fax: 863-763-1686
OCTOBER 1, 2016
TO: CAS Governmental Services, LLC
P O Box 35
36910 3`d Street
Canal Point, FL 33438-0035
FROM: City of Okeechobee
55 SE 3`d Avenue
Okeechobee, FL 34974
Letter of Understanding
Relating to Revision of Compensation to
Current Legislative Services Agreement
This Letter of Understanding amends the compensation section of the existing City of
Okeechobee (City) Agreement with CAS Governmental Services, LLC, (CAS) which will
now include a 'not -to -exceed' provision.
The following is hereby agreed:
Upon execution of this Letter of Understanding, the Compensation provision of the
current agreement between the City and CAS shall be repealed and/or revised to
incorporate a 'not -to -exceed' provision wherein it is understood and agreed that CAS
total billable expenses and retainer fees to the City for services rendered in the fiscal
year October 1, 2016 through September 30, 2017 shall not exceed Eighteen Thousand
Dollars ($18,000). All other aspects of the existing Agreement remain as agreed.
FOR: CITY OF OKEECHOBEE
re
Marcos Montes De Oca
City Administrator
Printed Name & Title
Date: 6 lr�
MFOR-CAS Gover mental Services
Signature
�lilN C. 1/ aVLg55C t -
Printed Name & Title/
Date: kz�L ` , ��
TO:
Exhibit 4
Nov 1, 2016
1
M E M 0 RANDOM
Mayor Kirk, Council Members, FROM: City Clerk Gamiotea A l -
DATE: October 17, 2016
SUBJECT: Annual Contract for Mapping
Services for FY 2016-17
Please consider waiving the formal bidding procedures and award the City's annual mapping services
contract to Global Mapping Services in the amount of $8,800.00.
Global Mapping is still the consultant for the Property Appraiser's Office, and we continue to share the
same updated information, which in turn keeps the City's costs down. Since there is no other
mapping company that performs this type of work for the Property Appraisers Office, I have requested
the City Administrator consider approval and recommend that this be considered a sole -source
purchase based on maintaining operational standards, and serves as the best working relationship
with the Property Appraiser's Office.
In keeping with Code Book Section 2-288, Department Heads may recommend purchase of a specific
brand should they feel, through experience or analysis, that only that brand will serve the best interest
of the City. Factors which might warrant sole -source purchasing could involve compatibility with
existing equipment, maintaining operational standard, or lesser serves requirements which reduce
down -time and maintenance cost. When making such a recommendation, the Department Head shall
submit written justification to the City Administrator, whom may waive bidding and grant the purchase
request in cases where the estimated value of the purchase does not exceed his bid award authority
($7,500.00). Above that limit, the written justification and recommendation shall be referred to the City
Council for approval.
Sole -source reviewed and approved by the City Administrator, to forward to the City Council:
AM cos Montes De Oca, City Administrator
Attachments: City Purchase Requisition No. 015742 signed by L. Gamiotea
Annual Contract Quote from Global Mapping
Upon City Council approval, forward P.R. 015742, original Global Mapping Contract Quote and a
copy of the minute pages to Finance to issue Purchase Order. Draw downs are processed quarterly.
Global Mapping, Inc.
140 Valley Drive
Eureka Springs, AR 72631
I Name / Address I
Lane Gamiotea
Citv Clerk
City Of Okeechobee
55 SG 3rd Avenue
Okeechobee, PI 34974
Date
Quote #
10/14/2016
3
(111UO-1 CUZ+fGC+-
Rep
Project
Description
Qty
Total
GIS Yearly Mapping Services
8,800.00
Thank you for your business.
Total0.0
LSS
PURCHASE REQUISITIONt?'';o
CITY OF OKEECHOBEE PO# ASSIGNED:
55 Southeast 3rd Avenue Important: This number must
Okeechobee, FL 34974-2903 be shown on all invoices,
Tel: 863-763-3372 packages, cases, tickets and
Fax: 863-763-1686 correspondence.
TO: Global Mapping, Inc.
140 Valley Drive
Eureka Springs, AR 72631
THIS ORDER SUBJECT TO CONDIDTIONS ON FACE.
NO CHANGES MAY BE MADE WITHOUT WRITTEN
PERMISSION OF PROCUREMENT MANAGEMENT.
SHIP TO: City of Okeechobee
Lane Gamiotea, CIVIC
55 Southeast 3rd Avenue
Okeechobee, FL 34974
INVOICE IN DUPLICATE:
DATE IVENDOR
NO.1
DELIVERY DATE
SHIP VIA BEST WAY
F.O.B. DEST.
ITERMS
10/14/16
N/A I
N/A I
N/A
N/A
NET 30
ITEM NO
ACCT. NO
QUANTITY
UNIT
DESCRIPTION
UNIT
AMOUNT
1
001-2512-3400
1
Mapping Services
$8,800.00
Oct 2016 to Sept_2017
&fjt-aCT Serv�c;
.Y'5ae- _`M-. wu.e 4-
-ei! Crt} attuGL MY M['
Apr ak btj ilz y Mkll, '
TOTAL
$ 8,800.00
CITY OF OKEECHOBEE IS EXEMPT FROM FEDERAL EXCISE AND TRANSPORTATION
TAXES AND STATE SALES TAX. DO NOT INCLUDE THESE TAXES IN YOUR INVOICE.
EXEMPTION CERTIFICATE WILL BE SIGNED UPON REQUIEST.
STATE SALES TAX EXEMPTION NO. 85-8012621656C-6
FEDERAL I.D. NO 59-60000-393 .- 616AQ (La f 0:;
AUTHORIZED SIGNATURE
RECEIVING RECORD
❑ PARTIAL ❑ FINAL
Vol. 107 No. 133
Change your
clock; change
your battery
... Page 2
Local woman
dies m car
crash ... Page 5
Two accused of
throwing bricks
... Page 3
Brahmans face
Tigers ... Page 8
Lake Levels
15.40 feet
Last Year: 14.54 feet
S on ore By
Pop ys Family Restimmuf
1759 S. Parrott Ave.
763-7222
Source: South Florida Water
Management District. Depth given
in feet above sea level
19 Find us on
Facebook
See page 4 for information about
how to contact this newspaper.
01INcllebeellelaAM
kMUW RHIR
$ ��Jpii I 111�iii�lm II s
MIN I
MIM --- 1 101
November 4, 2016
500 plus tax
City to hire new police chief
By Charles M. Murphy
Okeechobee News
The Okeechobee City Council reviewed
the list of applicants for chief of police at their
regular meeting on Nov. 1. The city council has
24 names to consider for the vacant position of
police chief. The list includes local candidates
Marty Faulkner, Dale LaFlam, Thomas Levins, der of Illinois, Dwayne Wheeler of Illinois, and
Daryl Lewis, William Markham, Paul Miles, Florida residents, Brent Coates, Alfredo Ferrer,
Robert Peterson the current interim chief, Bill Alexander Freeman, Kenneth Leedham, Debo-
Saum, Mark Shireman, Keith Stripling, Ted Van rah McCray, Robert Pastula, Thomas Santarlus,
Deman and Lester Yeates. Other candidates and John Webb.
include Christopher Alexander of North Caro-
lina, Robert Owens of Virginia, Jeffery Caven- See CITY — Page 5
apeaai io me �neec000ee ry Raulerson Hospital was honored as the 2016 Okeechobee
Hospice of Okeechobee was honored as the Business of the Business of the Year in the corporate category. Left to right
Year in the non-profit category. Left to right are chamber pres- are chamber president Terry Burroughs, Brian Melear, Terry
ident Terry Burroughs, Gail Gerntrup, Fran Syfrett, Dorothy Brown, Stephanie Quesinberry, Benny Matthew, chamber ex -
Bulger, and chamber executive director Paulette Wise. ecutive director Paulette Wise and Kathy Selby.
Business of the Year awards presented
Special to the Okeechobee News
Okeechobee has so many great businesses,
it's hard to only honor four at a time.
The Chamber of Commerce of Okeecho-
bee County recently held its annual Business
of the Year Awards luncheon where four mem-
ber businesses were honored as the 2016 Busi-
nesses of the Year.
Each year member businesses and the
community get the opportunity to nominate
businesses who they feel are doing an out-
standing job.
This year 25 member businesses were nom-
inated: Brennan Eye Care, Brown Cow Swee-
tery, D & G Catering, ICS Computers, Lillies &
Lace Boutique, Rustic Style & Cabins, Staffords
Salon, Uncle Larry's of Okeechobee, Demer's
Machine Shop & Drilling Services, Jones Sup-
ply, Pritchards and Associates, Audibel Hearing
Care Center, Edward Jones Investments, Flor-
ida Public Utilities, Holiday Inn, Okeechobee
Dodge, Papa Johns, Raulerson Hospital, Tin
Fish of Okeechobee, CareerSource Heartland,
Dr. Fred Brown Children's Health Center, Fra-
AUTO ACCIDENT?
BOARD CERTIFIED • FREE APPOINTMENTS • CALL NOW
In Okeechobee Across. From the Courthouse on 3rd • Hosklaw.com
lernal Order of Police Lodge 69, Gulfstream
Goodwill Industries, Hospice of Okeechobee
and Real Life Children's Ranch.
As mentioned several times throughout
the event, the Chamber of Commerce holds
many talented and giving business owners
and employees within its membership and
we are very proud of all that they put into the
community. This year's winners Raulerson
Hospital, Pritchards & Associates, Staffords
See BUSINESS — Page 10
Mu
Nommakins
INJURY ATTORNEY
1111 Minak paa&
November 4, 2016
Okeechobee News
Woman killed when car goes in canal on S.R. 70
By Eric Kopp
Okeechobee News
An early morning single -vehicle accident
Wednesday on S.R. 70 East claimed the life
of an Okeechobee woman, stated a Florida
Highway Patrol (FHP) release.
According to the release Shannon Wake -
lee, 42, was pronounced dead at the scene
of the Nov. 2 crash near VPI Grove Road in
St. Lucie County_
The FHP release states the accident oc-
curred at 6:36 a.m. when Ms. Wakelee was
eastbound in the inside lane of S.R. 70. For
Pharmacist Steve Nelson (left) accepts a proclamation for Diabetes
nth In November from Mayor James Kirk (right).
Sexual Predator Notification
The Okeechobee County Sheriff's Of-
fice is disclosing this information to the
public in order to enhance public safety,
awareness, and protection. This infor-
mation is not intended to increase fear:
rather it is this agency's befief that an in-
formed public is a safer public.
This bulletin should be used only for
information purposes. Citizen abuse of
the information to threaten, intimidate,
or harass offenders will not be tolerated,
in any manner.
The individual who appears in this
curs., �Nov.10'"
t "DOCTOR STRANGE"
Fm, Tw, 6 Thurs. 7:00 6 9:00
Set, Sun. & Wed. 2W. 4.15.
40 6 9:00, Man. 3W 6 7.00
II: "TROLLS"
ei, Toes. & Thurs. 7'.00 6 9:00,
Sat, Sun. & wed. 2:00. 4.15,
7:00 "0. Mon. 3:00 & 7:00
Ilt'TYLLB PERRY: B00"
ai 70Q Set. Son 6 Wltl 200 &
70Q Mon7W Tue:6 Thurs9W
III: "INFERNO"
K YW.S Sum 6 Wed US6
9. 0. Mort 30QT-6 T-7oa
bulletin have served
the sentence imposed
on them by the courts.
They are NOT wanted
by the police at this
time.
Sex offenders have
always lived in the
communities. The only
change is the public is Robert
now better informed. Childs
Robert Childs, a
white male, was born Feb. 13, 1976. He
reasons not yet known, she drove her 2013
Ford Focus through the grass median in a
northeasterly direction and across the west-
bound lanes.
Ms. Wakelee continued in a northeasterly
direction across the northern grass shoulder
of the four -lane highway, and into a canal.
'CITY
Continued From Page 1
City administrator Marcos Montes De Oca
said the applications will first be reviewed by
staff to see if the applicant meets the mini-
mum requirements.
"We will narrow down the pool based
on the applications and then present to the
council a list of candidates for the council to
interview," he noted.
There could be some out-of-state ap-
plications still received this week, provided
they were postmarked by Oct. 28.
Mr. Montes De Oca predicted the initial
round of interviews will take place in De-
cember and the position should be filled
sometime in January.
In other business, the Okeechobee City
Council approved a six-month moratorium
on medical marijuana related businesses. In
the next six months the citywill develop reg-
has blond hair and blue eyes. He is 5'8"
tall and weighs 155 lbs. His current ad-
dress is 12911 N.W. 160th St. in Okeecho-
¢ee.
Childs was convicted of Rape, third
degree in 1995, Child Molestation in 1997
and Rape third Degree in 2001. All three
offenses took place in King, Wash. If you
have any questions regarding this bulle-
tin, contact Michele at the Okeechobee
County Sheriff's Office at 763-3117, ex-
tension 5100, or website http://www.fdle.
state.fl.us.
The woman's car was completely sub-
merged with Ms. Wakelee trapped in the
driver's seat, continued the release.
The cause of the crash is under investiga-
tion by lead investigator, Trooper Corporal
B. Timmons.
ulations that the state would allow, provided
voters approve a constitutional amendment
to allow sales of marijuana on Nov. 8.
Mayor Jim Kirk issued a proclamation to
designate November as Diabetes Awareness
Month. Pharmacist Steve Nelson accepted
the proclamation.
Mayor Kirk also read a letter from a resi-
dent, Angie Griffin. She wrote that she was
pleased with city public works for handling
the drainage issue at her business. The
council also approved a resolution that au-
thorizes execution of banking documents
related to the deposit of city finds. The city
can designate a depository for funds.
They voted to extend their agreement
for lobbying in Tallahassee with CAS Gov-
emmental Services; LLC for one year for
$18,000.
They voted to waive formal bidding pro-
rodnre9 and awarded the annual maDDing -
F
�ar> mc�i
PO Box 1595, Okeechobee, FL 34973
www.TFP.Okeechobee.org
86"01-8277