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1153 Medical Marijuana Extend Morotorium to 10/21ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORATORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida heretofore approved Ordinance No. 1146, which created a moratorium on the issuance of any permits or Business Tax Receipts for the establishment of a business to engage in the dispensing of medical marijuana, due to lack of State legislation on the subject; and WHEREAS, Ordinance No. 1146 by its language, is set to expire on or about April 1, 2017, and the State of Florida has yet to announce any State regulations or legislative action to offer guidance to local government, so the City deems it appropriate to extend the moratorium previously enacted. 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 of 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 of a business location within the City that is for the purpose of selling, 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, Florida, 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, Florida, 180 days from final adoption of the Ordinance unless the City takes further action to extend it. SECTION 4. THAT upon issuance of regulations or legislation by the State of Florida on the means, method and location of dispensing organizations prior to the expiration of this Ordinance, the City of Okeechobee may, at that time, address the adoption of local Ordinances to further regulate the dispensing, Zoning, and location of such business' within the City. 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. Ordinance No. 1153 Page 1 of 2 INTRODUCED for First Reading and set for Final Public Hearing on this 7th day of March, 2017. ATTEST: Lane Gamiotea, MC, City Clerk Dowling R. Wa .rd, Jr., Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 21St day of March, 2017. 7 ATTEST: Lane Gamiotea, MC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1153 Page 2 of 2 Dowling R. Watf ., Mayor INDEPENDENT NEWSMEDIA INC. USA 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, 7 that the attached copy of advertisement being a r -ut- -c t�U AAA-6.-/CZ 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 3(to1( 7 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. 1 Sworn to and s Katrina Elsken ascribed before me this day of ("V>< <+i2/tt, O Notary Public, State of Florida at Large (` (o%, TNYVjj •.,, ANGIE BRIDGES '.: MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded lhru Notary Public Underwribr AD Okeechobee News 107 SW 17th Street, Suite D_ Okeechobee, Florida 34974 863 - 763 -3J3� \ " 4; PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the City Coundl of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Mar. 21, 2017, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance Into law: No. 1153: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, MEDICAL MARIJUANA MORA- TORIUM; EXTENDING DATE OF MORATORIUM; PROVIDING FOR SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVISION; FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and partidpate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the Gty Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Council with respect to any matter considered at thls 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- ticipate 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 Coundl 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. By: Gty Clerk Lane Gamlotea, CMC 479893 ON 3/10/2017 ING- PAGE 2OF8 MARCH 21, 2017 - REGULAR ME COUNCIL ACTION - DISCUSSION - VOTE Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. 0 0 N O 0 2 ) "(.7 0 U 0 O C 7 LL D) C6 T O LL .0 ,--- o ` 0 L = O '0 = o 0`� c 0 UO 1= w (n _ 010 Q) O Q w § 00 V C O C p }- w .E a a T o 0 O 0 Y z c, ' 0 0 10 E.o r4 o c a) ov} o[ E a 1-- o o a C (n J O z.--,_ .�-. ,..= Li) J co N �..: 0 O T -0 N V 0 0 0 c 7::,-7, ° o C n > 0 O 2 0 N N CL 0 CO CL) E- O s O (O -0 0 (L -Q _ 0 E m C0OH 0-o c a_°c- a c > Li_ o0 c ILI _ ti co its 0 m E H. 0) co >. 0 p IW- O w o n E o >,Jo C C`� =F- 'a 0 > -o 0 2 H C 0L_. 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RITTER - YEA C O E 0 O O E 0 a. rn m W G K to a w c4 Q ( } V Z Z 0 Y O O J ce o I- o oc U 0 o co w O co Q r- Z ce zo O o ce 0 0 0 LL C Z_ O E. .0 Q (On 0 E 0 O >, .0 0 0 C W o U 0 cn a >, co C6 D 0 W ao ° S -o I- 0 0 o(n W E W 0 11) 0 p _C O c n D -C e co (O O c Iy `0 0 = E CIL O 0 o Q 0 0 M U E WATFORD - YE O'CONNOR - YE 0 W E m LL E E —r) co O 0 Q E co (4 °, 0 (6 c 0 0 W 0 E E T 1- o O -0 c 0 O OC O V) N U a I- = co Z o W- Oin cco a) O U (n 0 U 0 "0 (0i) J • o m 0 U c .0 C C 0 0 0 E o O EO Q 7 U 0 c 0 Z a. O a w c7 . Qm 0 0 U 0 T c0 E E (n 0 0 O a co co 0)(N 0 .0 a) (B _c o 3 0 o a) n o ) o E U °'a) ',a U o 0 C C cc) -2 0 W o =tea 0 0 ) IY C `o Toa O C CN E m Q w� U 0 re 0 w 0 0 0_ a w 0 o I- O > > > (i J p 1- C 0 11 U- U -0 O o °m() w o c .� o E a E o - E a) c (n 0 ° 0-) E ) o p o 0)T c U = X >, o as T -0 > 0 (a O T Cn 0 cn CD O LCD c O � 0 QZO ) W 0 = ci U ° c _ 0 (6 E 0 O m O ° o U) Q) Oo E tZ ti O Z -0'07 E (o = 0 ' 0 w S o 0 C3 o E m E 00. d w CL 0Q Vote on motion to read by title only. COO ING - PAGE 3 OF 8 MARCH 21, 2017 - REGULAR ME COUNCIL ACTION - DISCUSSION • VOTE Motion and second by Council Members Chandler and Clark to adopt proposed Ordinance No. 1153. 0- aInoC�>_ 0 ° 0 c� OW WZZZ_I∎ C O LL E >- U~ O Q is J_ O O) . 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Public comments and discussion. Vote on motion to adopt proposed Ordinance No. 1153. CLOSE PUBLIC HEARING - Mayor — ° 6 Q c Q o is is -° a, c cn ° C C N >, 0 E C .c - O O N E,...013 CL >. , ->, m SD C ow LC) o 0 0 -,---- w o -c o 77 Z O, Q 0 0 T C C CO 0 O 0 ci c = o 0 � _ 0 m 0 O 0 E o 0 a) 0 O_u W C O c o a, o CO 0 ° E co o r- -c ch C al O c) 0 0 . 0 M15 0 O In ,t (Z >, CO tc .Q ZI City Attorney to read proposed Ordinance No. 1151 by title only. 0 w . 0 0 0 co 0 z (.6 O 0 0) 0 0 0 0 en 0 0 0 .c 0 0 0 0 0 '67 -o 0 0 0 -O a) -o c0 cra OI 'CS CO X LU >-E cia 0 0 E 0 (75 0 0 _c 0 M (.1) 1- 0 Z O • -0 in Ct. 7-5 CI cla Z cr) < 0-0 c7a Z CK 03 w . < <C Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. ILL. C1 g: 6 _= = 0 - z = „... o 8 c 0 a/ „0 ,Z 0o o 0 a) .3 ° 1--. 0 co = c7) ° E , _ca a--• 0 RC 0 c v) .003 Lt. 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O ,,, ,(') CZ X 0 "- cc _o _ 0 ,-. a) I:5 c.) .47--. 0- 0 E co a.) 0 -...- 0 0 ..-- ; :P. 0 :,., 0_ .,3 t 0 0 0 .0 ---4 E 511 0 a) -0 a3 ..0 2 .-,2 = a) --t, a) 73 CI3 , > 0 -CI 0 0 -..... < LL1 > a) c LU > 0-) - < w 75 a' ><C-9 73(1)Ln .CLE C1,38 02 '4'..."E < 0 -5_ ,- < 0 < 0 '-'-' 2 -, >- , 0 <CI e 0 P = 0 c..-'iECT0 c-,o 7-,- ,L5 .3 2 - , , „ c7.. ,0E c,a2 1, : f:5 - -_ ) , • T.-0 Vd. ?= = O i .) _ .. 0 < cc 1 Z z . 0 '0 C CC 0 o 0 v7: O ) ) S - i 0 a0 ) - ecc 32> . o -i i 0 0 0 f 0 0 s o 0 0 71 : : :i :: (1)I. : z - , 0 0 0 o 0 : C( S 0 b y 0c5 0 20 t !: 00D 0 0 - 0I - t c; 0 a 0 0 O E , a) .-o _ U. 7 - E o o o f) o -E;c7c n 1 -0 - - :2 0 - 0 2 <-"ii 1 2 1-- :z-c- 2 o_ cc _c 75 -2 2 E Vote on motion. 0 >, 0-, >, V) .6 -0 0 0 ,t-' 0 CD 0 _ 8 cm M CV Cc) 0 2 C E 0 CO CO C ._= c co .0 „0- o < a) o ctc to) < - a) co E c ct a) 0 a) 0) 0) 0) 2 • 0 :tt ca.-0 c co it F- X 0 (1) 0 tj CO E 22 c 0.) 0 0) < Vol. 108 No. 19 Enter the county fair! ... Page 2 Inspiring Okeechobee ... Page 3 OHS softball team prepares for new season ... Page 7 Stolen property recovered thanks to teamwork ... Page 14 Lake Levels 13.79 feet Last Year: 16.36 feet % Stpoored By: n;; Pogett's Family Restaurant 1759 S. Parrott Ave. 763 -7222 Source: South Florida Water Management District. Depth given in feet above sea level See page 4 for information about how to contact this newspaper. deethebeeneWtnet haspaa iniMb a 0 i 2 ECHO BEE NEWS Sunday, February 12. 2017 Okeechobee News:Tammi Kelly Miss American Legion 2017 Miss American Legion pageant was held Thursday, Feb, 9. at the American Legion. Seven girls competed for the title this year. Pictured Is the 2017 Miss American Legion and her court. Second place runner up Is Maggie Congdon first place runner up is Rebecka Mims and Miss American Legion 2017 1st Lindsey Waldrop, 754 plus u County to make rules for medical •• marihuana By Katrina Eisken Okeechobee News Okeechobee County will wait until the Florida Legislature releases the state guidelines for the sah: of medical marijuana before working on the coun- ty's rules in regard to zoning of medical marijuana dispensaries. At the Thursday Okeechobee County Commis- sion meeting, County Attorney John Cassels gave the board an update on the state's Implementation of the Florida Amendment 2, which expands the use of medical marijuana. Some forms of medical marijuana have been legal in Florida for several years, the attorney said, Amendment 2, which passed in the 2016 election, expands the allowed uses and also allows mari- juana with higher THC content. Mr. Cassels said he and the county administra- tor recently attended a marijuana summit hosted by Florida Association of Counties. Before the election, Okeechobee County passed a six -month moratorium on marijuana sales in or- der to give the county time to set up a plan. • Don't say `yes': Scam sweeping the nation By Eric Kopp Okeechobee News If you get a phone calf and the caller asks: "Can you hear me ?" Hang up. If you get a phone call and the caller asks: "Are you the man/woman of the house ?" Hang up. Or, if you get a call and the caller asks: Are you responsible for the household bills ?" Hang up, These are just three scenarios used by scam artists to do only one thing: Get you to give an affirmative answer. The answer can be yes, sure or OK - -- it doesn't matter. Just so it's affirmative. Why? It's very simple, this scam that's now mak- ing its way across the U.S. is called the can you hear me scam ?' Its premise is this: if you give an affirmative answer to their question — such as, can you hear me — the stammer will See SCAM — Page 5 Osr FsCioo i5 fJ .MOke Os !IA! 1 T V °4:' - 545 www.QuaiityAColiee.com Vli4a Ccpj February 12, 2017 Okeechobee News 5 SFWMD urges water conservation Special to the Okeechobee News voluntarily cut back on irrigation, which can account for about half of residential potable water use. The main areas of concern for dry conditions include Palm Beach, Martin and St. Lucie counties, along with the entire Southwest Coast. "Extremely dry conditions set in early in the dry season and have not let up," said SFWMD Governing Board Chairman Dan O'Keefe. "Water conservation is important all year but especially now to help sustain the regional water supply." No additional water conservation rules are in place at this time. Following three months of dry condi- tions, including a record -dry Noverber, the South Fonda Water Management District (SFWMD) is urging South Florida families to boost water conservation efforts. A total of 1.49 incites of rain fell district -wide in Janu- ary, representing 76 percent of average. or 0.97 inches below average for the rnorith. All South Florida residents and busi- nesses are urged to follow year-round land- scape irrigation rules, which can be found at v nvousfwmd.govlmywateringdays. Those within the driest areas are encouraged to South Florida's Dry Season, November- May: • 18 inches of rain on average. • May and October are important transi- tion months. • March, April and May have the highest evaporation rates and lowest rainfall. SFWMD meteorologists reported last week that rainfall has been less than half of average from the start of the dry season in November to date, Only 2.75 incites fell district -wide, representing 41 percent of av- erage, or 3,89 inches below average. All basins in the I6- county area saw below - average rainfall for the dry season to date. Teen dating violence awareness stressed Special to the Okeechobee News Each year, nearly 1.5 million high school students nationwide experience physical abuse from a dating partner. At a rate far higher than other forms of youth violence, teen dating violence impacts one in three ad- olescents in the United States through physi- cal, sexual, emotional and verbal abuse. Teen Dating Violence Awareness Month is a national effort to raise awareness about dating violence, promote programs that sup- port young people. and encourage commu- nities to prevent this form of abuse with the goal of decreasing the prevalence of dating violence among young people. If you or someone you know who is in an abusive dating relationship, free and con- fidential help Ls available at Martha's House 24 hours a day, call 863- 763 -0202 or 863- 763 -2893 or come stop by the office Mon- day- Friday 9 a.m. to 9 p.m. Wear Orange on Thesday, Feb. 14, to show your support for Healthy Relationships. Remetber LOVE 13 RESPECT, SCAM Continued F'rom Page t record your yes answer. Then, armed with you saying yes or sure, the con artist now has you authorizing un- wanted charges on your phone or utility bill, or possibly a stolen credit card. And kf you try to say you didn't agree to something, the bad guy already has your phone number and you saying "yes." Let's say the bad guy has your credit card number, as a result of a data breach, and he racks up several thousand dollars worth of charges. How are you going to dispute the charge when he not only has your personal information, but your providing an affirma- tive answer via the recording' What can you do? E( you suspect something nefarious is afoot, check your credit card statements closely as well as your phone and utility bilks for charges with which you are unfamiliar. Call the billing company and dispute any- thing you did not authorize. If the billing company says you have been recorded approving the charge and you don't remember that, ask for proof. If you still need help, contact the Fed- eral Trade Commission (FTC). If the bogus charge is on your phone bill, the FTC regu- lates what's known as phone bill 'cram- ming.' Also, if you have caller ID write down the caller's phone number. What do you do if you get a call and the caller asks one of these leading questions. The simple answer is bang up. Do not en- gage in conversation. Simply put the phone on the receiver and go about your business. If you are of the ilk that you think it's rude to hang up on someone, then turn things around and ask: "Who are you ?" "Why do you want to know ?" Trying to catch one of these scampers is virtually impossible. Nonetheless, what they are doing is illegal in several states — includ- ing Florida. The Florida statute number is 934.03(E)(a). Assistant state attorney Don Richardson said the Law is called unlawful use of com- munication and, simply put, it states you can't record someone without their permis- sion. "1f you do, it's a third degree felony," he said. He went on to say violating this law is punishable by up to five years in prison. If you get such a call. do not engage in any sort of conversation. Forget tieing polite and hang up. Remember: The longer you talk, the bet- ter the chance you will unconsciously agree to something -- tamely, becoming a vic- tim. To contact the FTC. call 1-877- 382 -4357. Or, go online towwwcBccomptaintassislgnt. gov. MARIJUANA ottfinuesifr -eon Pa�e�� However, since the state plan will not be in place before that moratorium ends, he ad- vised the board to extend the moratorium. Mr. Cassels advised that it is not produc- tive for the county to try to set their own rules until they have the state regulations to work from_ "One of my concerns is how does local regulation interplay with state regulation," he said. According to information provided at the marijuana summit, doctors can recommend someone having a qualifying condition to be on the state registry and acquire the medical marijuana product. It's licensed at the state level, he said. The companies that are authorized to deal with medical marijuana in Florida must be responsible for the growing, process- ing and sale. It is a rigorous process to be licensed, he explained. They have to have a 55 million bond, and required security. There are currently seven companies in the state. These companies were set up based on the low -THC inedical marijuana that has been legal for a few years. Mr. Cassels said the summit included "a panel of doctors which gave us a very inter- esting prospective about the benefits to cer- tain patients. "We have to keep in mind the real people who are suffering and who could be helped by the treatment," he said. Doctors will specify what type of marijua- na the patient can obtain, and what delivery system to use, such as an inhaler. He said the dispensaries are not allowed to sell smokable materials. The attorney said some Florida counties are in the "wait and see -ish" category. Sorne. like Okeechobee, leave adopted" moratoriums. "A few had gone full -tore and adopted ordinances that ranged from dealing with it as a zoning issue and regulating where the growing. processing and sale can be done," he continued. 'Others have gone into regulation and inspections, which will require additional lo- cat costs to hire people to do that," he said. He said when Okeechobee County does deal with the issue, he suggests they primar- ily deal with zoning requirements. He said in addition to dispensaries, there may be interest in growing medical marijuana in Okeechobee County. He added that all of the medical marijuana is grown indoors. The commission agreed to schedule a public hearing on the moratorium exten- sion. I )kes.cla,r Ness con ■• "" ro1-1.1Et 1 lkeerh,duv N1-0.s Qkeeuhobee Xt.-us Every Voice Counts. "In a democracy, the highest office is that of citizens." — US Supreme Court Justice Felix Frankfurter. We agree. Yet too many citizens feel powerless to influence the flow of events. We give people a voice. Our Speak Out column is just one example. We consider it an extension of the secret ballot and a return of the values of the American Revolution, How are we doing? Let us know by emailing feedback@newszap.com or calling your editor. KEECHOBEE NEWS Community Service Through Journalism 10 Okeechobee News March 10, 2017 City extends moratorium on medical marijuana By Charles M. Murphy Okeechobee News The City of Okeechobee approved a six - month moratorium on medical marijuana businesses at their regular meeting on Tues- day, March 7, The moratorium is the second approved by the city regarding cannabis, Many cities in the state are doing this as Me legislature continues to debate regulations on the new industry. There were no comments from the pub- lie at the hearing. City attorney John Cook said he expects guidelines from the state to be impternented during this legislative session. City administrator Marcos Mantes De Oca said he plans to work with the county so the policies of both governments are compat- ible. The council honored all state football player Antywyn 'Bubba' Fludd. He was pre- sented with a certificate of achievement. He was awarded as one of the most decorated and talented Okeechobee players dell time. He will represent Okeechobee as he plays at the University of Southern Mississippi next season. Fludd finished his career as second all -time in 0115 history with 52 touchdowns and 5,104 total yards. He also is a scholar athlete. Mayor Dowling Watford said the city is very proud of Fludd and that he expects him to accomplish a lot more In his career. He reminded him not to forget his home town. "You are on the right path. You won't have the same influences in college that you had here. Stick with the people that wtill help you. Some of our athletes had great careers ahead of them and things went to their head and took the wrong path," he said. Fludd thanked the council for the award and recognizing his accomplishments. "1 worked hard through my four years of high school and this is the best recognition I've received. To be able to take this to Mis- sissippi and look back at the support t had means a lot and it motivates me to keep go- ing," he added. OHS coach Chris Branham said he appre- dated the city for the invitation and award. He said the Brahman teammates appreciate the honors they've received. "I was blessed to have a once- in- a -life- time player. He is a joy to coach and is an excellent kid. I thank you for recognizing how much he meant to the community this year," he said. OHS principal Dylan Tedders said as a student and a person Fludd has separated himself from all other students. "He is the total package as an athlete and role model. This is just the beginning for hire. He is deserving of all this attention and he will go forth and do great things," he said. The city also proclaimed March as Ameri- can Red Cross Month. The local office pro- vides a Disaster Action Team, offer lifeguard certification, water safety instructors and teaches swim lessons and safety at the sports complex. and helps the county replace old smoke alarms in it horse fire campaign pro- gram. They recently installed 52 fire alarms in the city at the Riverbend Trailer Park. eciai to the Okeechobee News:555 SES Students of the Month These high flying Eagles earned Student of the Month at South Elementary in February. They are Giuliana Tagle. Maci Richards. Mason Staton, Ed- die Villages Valencia. Raeanne Tyner, Tracey Peterson, Andrew Mills, Mirra Wise, Keisea Jolly, Jenifer Alarcon Moctezuma. Mikayla Anuez, Alivia Lee, Mien Stokes, Mallori Norris. Keydence Swanson, Kimberley Yates, Symara Davis, Brandon Mesa, DJ Trent. Marisol Denova, Michael Arminio and Logan Freedman.. Congratulattona, keep up the GREAT work and show how Eagles soars L opecia O e \ eec n•ee `ews (Left to right are City Councilman Noel Chandler, OHS principal Dylan ladders, OHS football coach Chris Branham, Antywyn `Bubba' Fludd, Mayor Dowling Watford, Councilman Mike O'Connor and Councilwoman Monica Clark. The Red Cross Pillowcase project helps young children prepare for different disas- ters with a pillowcase provided by Disney. The office also offers citizen CPR lasses. The Red Cross recently moved to the United Way House at 208 N. Parrott Ave. Chuck Akers said they responded to 65 disasters like house fires last year. The Red Cross continues to seek volunteers in the community. The council appointed Cesar Romero to the City Grievance Committee as an alternate member for a term through Jan. 31, 2016. They also approved a temporary street closure on Southwest Second, Third and Fourth Avenues between Northwest and Southwest Park Street between March 10, at 5 p.m. and March 12, at 3 p.m. for the Speck- led Perch Festival. The city terminated a railroad crossing maintenance agreement with CSX on North- west Ninth Avenue. The CSX sent the city a bill for $36,000 for repairs made to the cross- ing in Deans Court. The city has not paid the bill. The city also applied for a Florida Depart- ment of Law Enforcement Grant for $1,952 to purchase a canopy, portable shelter and chairs they can use to hand out crime pre- vention materials to the public. ,l Engaged? Just married? Golden anniversary? New baby? Share your news in print and online Celebrations Each Celebrations package Includes; •A print announcement in the newspaper of your choice. •An online listing at www.newszap.comicetebrations. •Ontine guestbook for friends and family to sign and view. •Online photo gallery for up to 10 photos. •Gift registry page •Prohie page Visit akeechobeenews.net, scroll to the bottom at the page and dick on the link for Publish Your News 0) D 73 0 z c co 0 (/) o 0' . FIT 0 m > o o �,; ro co (-5- CD CD 74: c 0 o- m CD m a N 7 co la rn = w 0 CL a 7 0 cD < OcD 0 m CD cn co B fv O_ O O D''0 0 o o D 0 o. D 0 0 Z 5- o (.0 CD 0 Z v 9-- -D o m rn CA z rn m -1 3 --11 o O z co C) °'Z 0 Z z C7 � d 0 0 co m 0) 7 N y N vyi O a 0 O C C 0 O po cn 0. O (0 m �?. CA X p ro O N CCDD Q' ^ 7 O ccn m 0 D CD co 0 0- CD CD Z = �• a v ��oo 7ID o cn a. 1 �n O CD c ci.� o m m> o 0 D 0 m n 5 . _C 0c O r- b O c -0 CD n N o. 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N O cn 0 Q. ai CD 0. ro 0, y - • 0 b0 0 c) 5- 7 0 a. 3 m _ z y p=o � 3 3.0 &cn Mo.o o x 0 m 0 0 y 3- 0 ,` O 0 0 CDD p0- -w < b c T"' A) y ,o -t 9 n o c n 3 0. ID m m . y m a, a-. 5 °� a m Cu p -.. S' Q o 0 v t m i1' Ai N Q w ..y w i ! O" CD 5 0 .w-.. w X30 io � �3. 3,o o 3,?oy O w 0 0 0 cu o 0-w CCD tQ' 9� al , n CD w � b' co. y C ? m y co NOVEMBER 1, 2016 - REGULAR MEETING - PAGE 2 OF 5 D z m to v m � 0 �- _ Cn o 0 0 • n, -.-- 0 0 0' a c O 0 D = 73 o = a0) 3 a o 0 Oa— c m3= x m z • 5. 0 s E. • o CD O O 0 W O O O C7 =' n - • (0 N E CD n. 3 FT JoAeW - ON12td3H 011Eld 3S010 vollow uo aloA (o b) Public comments and discussion 2.a) Motion to adopt Ordinance No. 1146. A.1.c) City Attorney to read proposed Ordinance No. 1146 by title only. D 'a b- r n G = • m CD D 3 z 0 0 o- n O 8 m 2 cr EE� c ° m m 0 C 0 a CD 0 v � = 0 o_ � 0- 3 rn 0) 0 ▪ o 0- a 0 O 0 O °- 0 o n0 ° o ' o O a =0 ▪ m = a CU n O • E- 5- z = o m 0 0) = o • o 0 • c c o o O N 0 CD 0 or 0 O 0 0c 0 0 0 = o o m MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:16 P.M. 0 0 0 p) V) 0 m ( o_ • X o' _ m 0 1 m• D a' CD 0 m c 0 o- n = n a o z 0 pr O ▪ o o nrn n Er; 0 0 g s O -A O C/ 0 O CD z Z Z D A m CT) PO I _ - m m 0 P D = CD -1 =r- ca CO v co w 0 Motion and second by Council Members Chandler and Ritter to adopt proposed Ordinance No. 1146. rn • 0n- ,nOrn r,,2°nx22 xo < y2X )0 c�-4 ,<i:)0mn ,rn rn -, rn-Im ncm 2-a 2m mDAm`'A li on` "� IIFF -. x < 6 m CL 'nG0rn ZO'S °a b2 3C rnrl00 o A) I. r 12cnrnrno °a on-yrm = m,,'ZG°rnCI)3 C bnN�m rnCE:572C)rn 2ZC)rn "D cc T2nrn.rnC cnZy8 V.00 mtnZnm.rny3r1� `.IOm'�.y. <v : °WN"'�v ;"; ;1:4:: 00 0) rn 2°-- iom— rn-0rn m0W 1 _o o 0 111 0 _ 1, ', 0 ). n ; -‹0 -i�,r ycii�o�c�'z"'s�n�0 -- rtt- 0n °cnC °� °Om2`m -pS0'Srn 'off O -IinC2 Cm -i PR -, 0- r y m o r1, --..1 m n O v) 02�Nom= -4 0C:'C) 1,0 pyZr20gym, Oc"- 0 71, ET 0nrn �l°O•"1:: :: m2s 0 CC Orn DO-< n it 2 c1, 2° 2 rn -i z 2 x'Z r- nyrnoorn mrn n2o oznz10 -< 2+2rnm0nomz00 20eC1C0yy�1t0 )D 700z2 nmzm.,..,0zeCZ �'ti)0on 2 rn 03: rnn- 4-4r -o--. m v0cozzm-n -iii zz��po0 �n n-nc) )0 2orn v)- 2 0r 200n2 0r ICSo -I rn C ZC TC10 Zt Crn �n_"!T C1rn 11; mO ~6C0DJZFz.rny0rn n p-1 z ;E :� � -< rnr-n "2nr) 0 r n �n�)-<n°Sn rn 1 --< a AX 7 1 m y 0 —1 m adnnoaa - 91.0Z 'L 1139W3A 53O£30Vd-ONIl ORDINANCE NO. 1146 Exhibit 1 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 mariner acting upon a request of any person or entity for the establishment Ordinance No. 1146 Page 1 of 2 of a business location within the City that is for the purpose of selling, 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 18th day of October, 2016. James. E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 15` day of November 2016. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1146 Page 2 of 2 James E. Kirk, Mayor 1DEPENDENT NEWSMEDIA INC. USA ,, >, P- Okeechobe 'vie s ' Vc 107 SW 17thi'r et, Ctite - -- Okeechobee F`- rida 34974 ?11ii -� 863 -76 3.134 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 / .4t in the matter of -zt' in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i r6 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 0 / (. day of (��i� 2 Notary Public State of Florida at Large AD ,, ANGIE BRIDGES 'c# MY COMMISSION #17f 976149 ETIRES: April 20, 2020 'F t °p'. Bonded T1L'u Notary Public Underwriters _ ; P PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE I5 HEREBY GIVEN that the Crty Council of the Oty of Okeecho- bee, will conduct a Public Hearing on Toes, Nov. 1, 2016, at 6 PM, or as soon thereafter possible, at Crty Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance into law: No. 1146: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ADDRESSING THE UPCOMING VOTE CONCERNING NO. 2 CONSTI- TUTIONAL AMENDMENT ARTICLE X, SECTION 29, USE OF MARI- JUANA FOR DEBILTTAIING MEDICAL CONDITIONS' ON THE BALLOT FOR THE GENERAL ELECTIONS SCHEDULED FOR NOVEM- BER 8, 2016; IT APPEARING THAT SHOULD THE MEASURE BE AP- PROVED 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 ADMINISTRA- TIVE AGENCY IT REMAINS UNCLEAR WHAT RESTRICTIONS OR REGULATIONS r ES WHETHER ANY, THAT LOCAL MUNICIPAL GOVERN- MENTS COULD ENACT REGARDING THIS ISSUE; THAT UNTIL IT IS DETERMINED WHEN AND WHETHER LOCAL MUNICIPAL GOVERN- MENTS CAN PROCEED WITH REGULATIONS, THAT A MORATORIUM BE IMPOSED WITHIN THE CITY OF OKEECHOBEE, SAID MORA- TORIUM SUSPENDING THE ACCEPTANCE AND APPROVAL OF ANY APPLICATION FOR BUSINESS TAX RECEIPT, OCCUPATIONAL 11- CENSE, BUILDING PERMIT, ZONING OR LAND USE CHANGE, OR ANY OTHER DEVELOPMENT PERMIT DIRECTED TO THE OPERA- TION OF A BUSINESS THAT SELLS, DISTRIBUTES, PROVIDES, OR IN ANY MANNER DEALS WITH THE DISTRIBUTION OF MEDICAL MARIJUANA TO THE PUBLIC; PROVIDING FOR SUNSET PROVI- SION; PROVIDING FOR CONFLICT; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR AN EFFECTIVE DATE. M members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be Inspected in its entirety by mem- bers of the public at the Office .of the City Clerk during normal business hours, Mon -Fit, 8:00 AM-4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the aty 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 indudes 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 speaal accommodation to par- ticipate in this proceeding, contact the Oty 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, plcurre, video, or item MUST be provided lu the Clty Clerk for the City's records. 4780 1otea, CMC 42 ON 10/21/2016 c) City Attorney to read proposed Ordinance No. 1146 by title only. D ti O A 0 r'n "' z O n 2 z z Et 70G K O A3 -i = X x, 0 p :< 3 :o m a y rn m vam dH1rrr0 ~�Oa mo po C.sbr'n=xr-i- -4�-„7' < 21-00Z-z-, C n Gal yCrn OC-C>O rn rn <m.ozrn-4crn E- 'ra�•�7r-07o A) 1, m~ y,? a Z? f Zj m -4 Ja J`' Z x b 0 WQryMZO Z `� °- ozDJc>moc t7� r-2 00 °r- �0cnrnZ-O -rpQ amc7 m ac Na O O n 00Z m Zt m C S XI Z x m b rrTr `O z 0 - c(-)mvmzvo �z,r, c�ro 0GZ7 :maoapor- ZzO0rn_,rn ° rnO11ZgOmrnc)0mrn o0oZOCA nrnrnO1' �u�aarnaczn ‹a'n� �, c7 z o a z -+v> o< TCpZ trdtnsrr-- ZE dOrrn(222i: - rv�v3�z,a���"'rc,a <-.< C'D �m7NOZra- �ifi�Zmpp'R -4ccn rn � a a .r 1 Om�. 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CO Q 0 ro a " rn 0 CD c 0 w O o 3 N 0 0 c C7 r- a 0 0 0 0 0 CD 0 rn 0 0 N m 0 c n Z 10 0 O CA 0 rn W CO 11.1 0 0- 0 UJ ce co ce Lu 0 0 0 ION • DISCUSSION • VOTE Council Members Chandler and O'Connor moved to approve the first reading of proposed Ordinance No. 1146. o yi ; 9, E _c (I) 0 C 1F3 2 -0 O 0 Ct3 1:1.) 00 _C E .67 70 a) 1)0 _c 0 E O 2 0_ o V 40 a) a, E E E o Public comments and discussion. :a c) Vote on motion. n70- il- Wig •„,0 z 8 w 22-25 2 ;73i 2 _cp 012E65; <t&L,2 James E. Kirk, Mayor 10/18/16 Agenda Exhibit 3 REQUEST TO ADD AGENDA ITEM TO: Mayor Kirk & City Council DATE: Oct 18, 2016 Please add the following as New Business Item B, Exhibit 3 to the October 18, 2016 Agenda: B.1.a) Motion to read by title only, and set November 1, 2016, as a final Public Hearing date for 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 3). b) Vote on motion to read by title only and set public hearing date. c) City Attorney to read proposed Ordinance No. 1146 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1146. b) Public comments and discussion. c) Vote on motion. ober19,2016 Okeechobee News 3 Medical marijuana, solar energy, tax exemptions on ballot By Katrina Elsken Okeechobee News "Remember, your vole is your voice," said Diane Hagan, Supervisor of Elections, at the Okeechobee County Political Forum on Oct. 17. She said more than 2,500 Okeechobee County voters received vote by mail (also known as absentee),ballots and more than 1,000 have already returned them. She said early voting at the Historic Okeechobee County Courthouse, 304 N.W. Second St., will be Oct. 24 through Nov. 5, from 8:30 a.m. to 4:30 p.m. Ms. Hagan noted the early voting dates include one Sunday and two Saturdays. Debra Hooker, president of the local chapter of the Florida Bar, explained the amendments that will be on the ballot in the general election. There were 28 initiatives filed for poten- tial spots on the ballot, but only five mea- sures were certified, she explained. Number 4 was on the primary ballot and it passed, granting a property tax exemption for solar equipment for 20 years. Amendments 1 and 2 are citizen initia- tives, she said. They address solar energy and legalization of medical marijuana. Amendment 3 and 5 address property tax exemptions for first responders disabled in the line of duty and for senior citizens, she explained. These amendments were placed on the ballot by the Florida State Legisla- ture. Any proposed amendment to the state's constitution must be approved by at least 60 percent of the electorate to become law. During the primary election, Florida vot- ers passed Amendment 4, granting a prop- erty tax exemption for solar equipment for 20 years. . Amendment 1 also deals with solar ener- gy, she said. Opponents say it will undo the progress made by the passage of Amend- ment 4. Proponents say Amendment 1 ensures that energy customers who do not choose to use solar panels will not be charged higher electric rates in order to subsidize those us- ing solar energy. Supporters say this amendment protects the right to use solar energy without requir- ing non -solar users to subsidize the energy choice of others, she said. Those working against the issue defends the right for those who have solar panels to sell excess energy to the grid. Opponents say selling excess energy to the grid is the only way to make the use of solar panels cost ef- fective, she said. Amendment 1 would, according to the opponents, negate Amendment 4. Amendment 2 would allow the use of medical marijuana for debilitating medi- cal conditions as determined by a Florida licensed physician. The Florida Department of Health would regulate centers that distrib- ute marijuana and issue identification cards to those authorized to purchase marijuana. Supporters say a yes vote is the compas- sionate vote to help relieve the pain of the terminally ill and those with debilitating dis- eases. Opponents say "it is not medicine," she continued. They claim those who wish to obtain marijuana could fake an illness in or- der to obtain a prescription, she explained. She said opponents say the increased availability of marijuana will lead to more drug addiction. Proponents say studies from 23 states that have already legalized medical marijua- na have shown that concerns about abuse Collaborative Council to meet The Community Collaborative Council of the Okeechobee County Shared Services Network will conduct their monthly meeting on Tuesday, Oct. 25, at 10 a.m. in the Okeechobee Freshman Campus Auditorium. The purpose of the meeting is to allow the community to identify issues, collaborate, and share information regarding services for children and their families. The meeting is open to the public and everyone is welcome to attend. For information, call Erin Moore at 863 -462 -5000, ext. 257. of medical marijuana have not been justified by the experience in those states. Amendment 3 would allow a homestead tax exemption for totally and permanently disabled first responders who were totally disabled in line of duty. The exemption would apply only to homestead property. If approved, the Florida Legislature would still have to set up the requirements. A yes vote will expand the tax relief that already exists for the surviving spouses of first responders and military who died in line of duty. Amendment 5 is a property tax exemp- tion for low income seniors with a house- hold income of less than $25,000 a year and a home valued less than $250,000, owned by a senior over the age of 65, who has lived in the home at least 25 years. The market value used by the property appraiser will he locked in place during the first tax year the senior qualifies for the amendment. At this time, when a home increases in value, the low income seniors can lose their tax break. This tax break would also apply to disabled veterans and surviving spouses of first responders and military killed in the line of duty. Oa' APR For 36 Months" Our Focus Is To Make Yon Comfortable" 467 -1545 www.QualityACokee.com LIC NO. CFCO29420 PP'L Bobbie Jenkins From: Bobbie Jenkins Sent: Thursday, November 03, 2016 9:25 AM To: Bill Brisson; LaRue - Gloria; Marcos Montes De Oca; Patty Burnette; India Riedel; Jackie Dunham; Jeff Newell; Kim Barnes Cc: Lane Gamiotea; Robin Brock Subject: Marijuana Moratorium Ordinance Attachments: 1146 - Medical Marijuana.pdf Tracking: Recipient Read Bill Brisson LaRue - Gloria Marcos Montes De Oca Patty Burnette India Riedel Read: 11/3/2016 10:02 AM Jackie Dunham Read: 11/3/2016 9:29 AM Jeff Newell Kim Barnes Lane Gamiotea Robin Brock Attached is a copy of adopted Ordinance No. 1146 - Medical Marijuana Moratorium. Please print a copy for your records. Kim -use this to post to the website. Thanks! Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Lane Gamiotea From: Lane Gamiotea Sent: Tuesday, October 18, 2016 1:13 PM To: John Cook 2nd (jrcook1648 @yahoo.com); Marcos Montes De Oca Cc: Robin Brock; City- Bobbie Jenkins (bjenkins @cityofokeechobee.com) Subject: DRAFT proposed ord #1146 Attachments: Ord 1146 Moratorium Medical Marijuana.docx Importance: High Tracking: Recipient Delivery John Cook 2nd (jrcook1648 @yahoo.com) Marcos Montes De Oca Delivered. 10/18/2016 1:13 PM Robin Brock Delivered: 10/18/2016 1:14 PM City- Bobbie Jenkins (bjenkins @cityofokeechobee.com) Bobbie Jenkins Delivered: 10/18/2016 1:14 PM John, this is the ordinance from 2014 with updated language Et dates. HOWEVER, read Sections 2 Et 4, they contradict each other, send revised language ASAP so we can make the final changes Et get copies distributed. 1st reading Oct 18, Final Reading /Public Hearing Nov 1. In case you have problems opening it, I've copied Et pasted the language below: ORDINANCE NO. 1146 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 Abuse of marijuana for debilitating medical conditions@ amendment to the State of Florida Constitution; and 1 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 Abuse 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 of a business location within the City that is for the purpose of selling, 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 indefinitely, 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. 2 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. Thanks! Lane Earnest - Gamiotea, CMC City Clerk /Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, FL 34974 863- 763 -3372 ext 215 863- 763 -1686 fax 863 - 697 -0345 cell cityofokeechobee.com PUBLIC RECORDS NOTICE: All e -mail sent to and received from the City of Okeechobee, Florida, including e -mail addresses and content, are subject to the provisions of the Florida Public Records Law, Florida Statute Chapter 119, and may be subject to disclosure. 3