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2017-10-17230 L\�y-OF-OKffcyo LL � r CITY OF OKEECHOBEE OCTOBER 17, 2017, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION PAGE 'I OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II CALL TO ORDER - Mayor October 17, 2017, City Council Regular Meeting, 6:00 P.M. li. OPENING CEREMONIES: Invocation to be given by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance to be led by Mayor Watford. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel A. Chandler Council Member Monica M. Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos Montes De Oca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford called the October 17, 2017, Regular City Council Meeting to order at 6:00 P.M. The invocation was offered by Pastor Dawson of the First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present Present Absent (with consent) Present Present Present Mayor Watford asked whether there were any additions, deferrals, or withdrawals on today's agenda. Items added included: Proclamations and Presentations Item "B" Acceptance of ballistic shields from Palm Beach County Sheriff's Office; New Business Item "I" Discuss the meeting schedule for November through January; Item VI. A. Minutes was withdrawn. Mayor Watford opened the floor for public comment on matters not on the agenda; there were none. 1 1 1 OCTOBER 17, 2017 - REGULAR MEETING - PAGE 2 OF 9 231 1 1 1 AGENDA II COUNCIL ACTION - DISCUSSION - VOTE V. PROCLAMATIONS AND PRESENTATIONS - Mayor A. Present a Five -Year Service Award to Cody Rodriguez, Public Works On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Cody Rodriguez, who was Maintenance Operator. accompanied by his wife Andrea and daughters, Aria and Alleigha, with an engraved cross pen and a framed certificate which read, "In recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 5, 2012 to October 5, 2017." ITEM ADDED TO AGENDA: B. Acceptance of ballistic shields from Palm Distributed at the meeting was a copy of a Donation Agreement between Palm Beach County Sheriff Ric L. Bradshaw Beach County Sheriff's Office - City Administrator. and the City Police Department for the acceptance of two Protech Ballistic Shields. Administrator MontesDeOca contacted the Palm Beach Sheriff's Department and was able to acquire the donation of these times. A letter will be sent to Sheriff Bradshaw expressing the City's gratitude. VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the September 25, 2017, Special Meeting and the October 3, 2017, Regular Meeting. VII. WARRANT REGISTER - City Administrator A. Motion to approve the September 2017 Warrant Register: General Fund..........................................................................$482,828.92 Public Facilities Improvement Fund ........................................$ 33,813.88 Other Grants Fund (Community Development Block Grant -Economic) ...... $ 57,481.10 Capital Improvement Projects Fund ........................................$ 54,585.99 Law Enforcement Special Fund ..............................................$ 75.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor A.1.a) Motion to read proposed Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days - City Administrator (Exhibit 1). b) Vote on motion to read by title only. Consideration for approving the minutes was withdrawn from the agenda. Council Member O'Connor moved to approve the September, 2017 Warrant Register in the amounts: General Fund, four hundred eighty-two thousand, eight hundred twenty-eight dollars and ninety-two cents ($482,828.92); Public Facilities Improvement Fund, thirty-three thousand, eight hundred thirteen dollars and eighty-eight cents ($33,813.88); Other Grants Fund (Community Development Block -Economic Account), fifty-seven thousand, four hundred eighty-one dollars and ten cents ($57,481.10); Capital Improvement Projects Fund, fifty-four thousand, five hundred eighty-five dollars and ninety-nine cents ($54,585.99); and Law Enforcement Special Fund, seventy-five dollars and zero cents ($75.00); seconded by Council Member Ritter. There was no discussion on this item. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. Council Member Chandler moved to read proposed (Emergency) Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days; seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. 23 OCTOBER 17, 2017 - REGULAR MEETING - PAGE 3 OF 9 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VIII. PUBLIC HEARING CONTINUED AA.c) City Attorney to read proposed Ordinance No. 1160 by title only. Attorney Cook read proposed Ordinance No. 1160 by title only as follows: "AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM; PROVIDING FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1160. b) Public discussion and comments. c) Vote on motion. Motion and second by Council Members Clark and Chandler to adopt proposed Emergency Ordinance No. 1160. Mayor Watford asked whether there were any questions or comments from the public. There were none. Attorney Cook explained, the Ordinance had to be done on an emergency basis as there was not sufficient time to conduct two readings prior to the expiration of the moratorium. From here, the City Council needs to instruct him to draft an Ordinance prohibiting these businesses or placing it on the Planning Board agenda to obtain a recommendation from them to amend the Land Development Regulations (LDR's). Based on State requirements, the permitted and special exception uses have to be considered the same as the City currently regulates pharmacies. Council Members Chandler, Ritter, and Clark noted in agreement to proceed with an amendment to the Land Development Regulations to allow medical marijuana businesses within the City. Although both Council Members Ritter and Clark noted they would have rather the State Legislation require a certified pharmacist be required to dispense the product. Council Member O'Connor objected to these businesses being permitted. Mayor Watford also noted his concern with allowing these types of businesses, stating he understood the arguments, that the voters approved this, and that it can be beneficial for some people. However, he disagreed with the way the State Legislation handled the matter and it is obvious that the ground floor is being laid for recreational marijuana use to eventually be adopted. There being no further discussion, Mayor Watford reiterated, the motion on the floor is to adopted proposed Emergency Ordinance No. 1160 which will extend the moratorium and give Attorney Cook sufficient time to present LDR text amendments to the Planning Board and obtain a recommendation on establishing which zoning districts the medical marijuana dispensaries will be permitted. The text amendment will then come before the City Council for first reading and final adoption. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. 1 CLOSE PUBLIC HEARING - MAYOR MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:24 P.M. OCTOBER 17, 2017 - REGULAR MEETING - PAGE 4 OF 9 233 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW EUSWESS A. Discussion and overview of Okeechobee County Healthy Start Coalition — Jayce Turgeon, Community Liaison (Exhibit 2). 1 Recently the Mayor and Council were asked to judge a photograph contest with the winners to be featured in the annual Okeechobee County Healthy Start Coalition calendar fundraiser. Miss Jayce Turgeon, Community Liaison, requested to use this opportunity to express her gratitude for their participation and to expound on the services provided by the organization. A copy of a power point was distributed at the beginning of the meeting. Healthy Start is a Statewide risk -based program consisting of 32 coalitions. Their mission is to establish a system which guarantees that all women have access to prenatal care and that all infants have access to services that promote normal growth and development. Their primary goals are to reduce infant deaths, reduce the number of low birth weight babies, and improve health and developmental outcomes. Health screenings are offered to every pregnant woman and infant in the State. These screenings provide a score based on each client's circumstance and situation to show what Healthy Start services are available to them such as care coordination to assure access to needed services, childbirth education, parenting education and support, psychosocial counseling, tobacco education/cessation counseling, breastfeeding education and support, nutrition counseling, mom care, car -seat education and safety, evidence based tools and programs post-partum depression, parents as teachers, and inter -conceptional care. They provide an outreach, where staff does home visits, or they meet in an agreed place. Miss Turgeon provided statistics for July 1, 2016, through June 30, 2017, for services provided through the Okeechobee office: Total number of births 516, of that 429 pregnant women served, 254 infants (ages 0 to 11 months), and 51 children, ages 1 to 3 year olds were served. She proudly explained they were able to raise $6,932.38 in fundraisers; these included Change for Babies raising $469.60; participating in the 2017 Okeechobee Music Festival raised $6,181.27; and the Healthy Start Calendar raised $75.00 in advertising profits. The 2018 calendar theme is "Fur Babies." Through social media, participants were able to submit a photograph of their child with their pet. The entries were provided to the Mayor and Council Members individually to rank. The photographs receiving the most votes will be featured in the calendar and available for sale for $10.00 each within a few weeks. Healthy Start received $2,000.00 in donations and were able to provide baskets for families they serve during Thanksgiving, Christmas, and Easter. They were also able to get a computer tower with a keyboard and mouse donated by the Panther Youth Program at South Florida State College for a local teen in need. Fundraising events confirmed for 2018 to date are: participation in the Okeechobee Music Festival and 20 percent of food sales at Beef O'Bradys on March 27, from 5:00 to 9:00 P.M. Healthy Start participates in local fairs and community events. The newest event is an October diaper drive titled "Cover that Pumpkin." She thanked the City Police Department for their participation by being a drop-off point and explained that the idea came from City Dispatcher Mary Boeckler. Other drop-off points are Tin Fish Okeechobee Restaurant, Lillie's and Lace Boutique, and the Healthy Start Office. 23 OCTOBER 17, 2017 - REGULAR MEETING - PAGE 5 OF 9 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS CONTINUED A. Discussion and overview of Okeechobee County Healthy Start They are working toward a coordinated intake and referral process from the healthy start screens and have started Coalition continued. meeting with organizations that help assist families in Okeechobee to learn about their services and programs. The goal is to create a resource list that will be made available to all community organizations once complete so that services can be streamed lined and each know what the other offers to better care for citizens in need. B. Consider a Temporary Street Closing Application submitted by First Baptist Church to temporarily close SW 4th Street between SW 5th Avenue and SW 6th Avenue from 3:00 P.M. to 9:00 P.M. on October 31, 2017 for a Fall Family Festival - City Administrator (Exhibit 3). C. Discussion regarding air condition permitting concerns - Bud Neese, Quality A/C of Okeechobee (Exhibit 4). Council Member Ritter led the expressions of appreciation by the Mayor and Council. As the City's Liaison to the Healthy Start Board, he stated it was unbelievable the things Miss Turgeon and her staff do with such limited amount of funds, and encouraged her continued efforts in sharing the information about Healthy Start with the community. This item was for informational purposes; no official action was requested or required of this item. Council Member Clark moved to approve a Temporary Street Closing Application submitted by First Baptist Church of Okeechobee to temporarily close a portion of Southwest 4th Street between Southwest 5th and 6th Avenues, from 3:00 to 9:00 P.M. on October 31, 2017, for a Fall Family Festival; seconded by Council Member Ritter. WATFORD — YEA O'CONNOR — YEA VOTE: %HANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Mr. Bud Neese, owner of Quality A/C of Okeechobee and accompanied by his wife Amy, addressed the Mayor and Council regarding an on -going complaint where unlicensed contractors are conducting air conditioning installations without permits or inspections. Mr. Neese requested the City Council instruct the Building Official to initiate an educational campaign to property owners and hold them accountable through Code Enforcement when they allow unpermitted work to be conducted on their property. During his presentation Mr. Neese conveyed his frustration in resolving this complaint with City Staff. Administrator MontesDeOca, Building Official Newell, and Code Enforcement Officer Fred Sterling were in attendance and provided additional information, the various attempts to satisfy the complaint, and specifics of several cases that are currently being handled through the court system. The biggest hurdle in resolving the issue is providing sufficient proof to hold the unlicensed and/or property owner accountable. After a lengthy discussion, due to the complexity of the situation and what legal authorization the City Staff has to pursue these complaints, everyone agreed something needed to be done to better resolve this problem. Mayor Watford will meet with City Attorney Cook and Building Official Newell to research the City's options and find a solution. Mr. Neese was amendable to this solution. C OCTOBER 17.2017 - REGULAR MEETING - PAGE 6 OF 9 235 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED D. Motion to adopt proposed Resolution No. 2017-10, recognizing Florida City Government Week, October 23 through 29, 2017 - City Clerk (Exhibit 5). E. Consider an amendment to the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures - Personnel Administrator (Exhibit 6). Motion and second by Council Members Ritter and O'Connor to adopt proposed Resolution No. 2017-10, recognizing Florida City Government Week, October 23 through 29, 2017. Attorney Cook read proposed Resolution No. 2017-10 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 23-29, 2017, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE: WATFORD - YEA CHANDLER - YEA CLARK - YES O'CONNOR - YEA RITTER - YEA MOTION CARRIED. Motion and second by Council Members Ritter and Clark to amend the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures, as presented. Exhibit Six contained a memorandum from City Clerk Gamiotea, explaining upon review of the City's current No Smoking Policy adopted in Chapter Two of the Personnel Policies and Procedures, she and Administrator MontesDeOca met with Mrs. Courtney Moyett, Community Health Advocate for the Quit Doc Foundation, and recommend the current policy be changed. The current policy wording reads: "No Smoking Policy. There will be no smoking by employees of the City inside its public buildings as provided by the Florida Clean Indoor Air Act (Florida Statute 286.201)." The recommendation is to have the policy read: "Smoke -Free Policy. A tobacco -free environment helps create a safe and healthy workplace and environment. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease, and cancer. The City supports the health of its citizens, and reinforces our commitment to preserving and improving the health and comfort of our employees and visitors. Effective November 1, 2017, the City will be a smoke -free environment except in approved designated areas. For these purposes, smoking products are defined as cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nicotine delivery systems (ENDS) such as vapor and electronic cigarettes. The use of the products as listed above are prohibited in any building or on the grounds except in designated areas. This includes all indoors and outdoors areas that are City owned or leased facilities, including but not limited to, all buildings and facilities, outdoor areas, porches, covered walkways, common areas, parking lots, and City owned or leased vehicles. Respectively, there is a 50-foot distance from entrance/exit of City buildings or facilities where smoking products are limited from use. 23 OCTOBER 17, 2017 - REGULAR MEETING - PAGE 7 OF 9 II AGENDA II COUNCIL ACTION - DISCUSSION - VOTE II IX. NEW BUSINESS CONTINUED E. Consider an amendment to the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures continued. F. Motion to rescind action taken on September 5, 2017, approving an Inter -local Agreement with the Okeechobee Board of County Commissioners regarding Local Option Gas Tax revenues, and approve a revised agreement addressing the revenue proceeds for the two, four, five, and nine cent Local Option Gas Taxes from January 1, 2018 through December 31, 2027 - City Attorney (Exhibit 7). G. Motion to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00 - Public Works Director (Exhibit 8). This Smoke -Free initiative applies to all persons present in the areas described above including but not limited to City elected officials, employees (whether full-time, part-time, temporary and/or volunteer), contractors, and visitors. Smoking use shall be permitted only in exterior designated smoking areas. All materials used for smoking in designated smoking areas, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers. Employees are only allowed to smoke on their rest and meal breaks. Employees may not take or be allowed any additional breaks to use any tobacco product. Direct any question, complaint, or dispute about tobacco use in the workplace to the Personnel Administrator. Employees who want to quit tobacco are encouraged to use Tobacco Free Florida's Quit Your Way, a set of free services to help tobacco users quit, is provided on the employee bulletin boards." Mrs. Moyett advised that her organization can provide signage, free of charge, for the City to post at all facilities. She thanked the Mayor and Council for considering the policy change. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA BITTER — YEA CLARK — YEA MOTION CARRIED. Council Member Ritter moved to rescind action taken on September 5, 2017, approving an Inter -local Agreement with the Okeechobee Board of County Commissioners regarding Local Option Gas Tax revenues, and approve a revised Agreement addressing the revenue proceeds for the two, four, five, and nine cent Local Option Gas Taxes from January 1, 2018, through December 31, 2027; seconded by Council Member Clark. The revised agreed addressed the percentages for the 9-Cent Local Option Gas Tax as well as corrected an effective date. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. Motion and second by Council Members Chandler and Clark to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00 (from Gilbert Outdoors of Okeechobee, as recommended by Staff). Explained in a memorandum in Exhibit 8, quotes were also obtained from Southern Law Equipment $12,035.21, Mat Miller Tractors $13,074,00, and Treasure Coast Lawn Equipment $13,100.00. -1 1 OCTOBER 17. 2017 - REGULAR MEETING - PAGE 8 OF 9 237 1 1 r_7 AGENDA IX. NEW BUSINESS CONTINUED H. Motion to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00 continued. I. I. Discuss provision of the nuisance/domestic animal ordinance - City Attorney. COUNCIL ACTION - DISCUSSION - VOTE Staff recommended a local vendor whose price was within one percent of the lowest bid. However, these amounts do not meet the criteria for the local vendor preference policy. This is a 2017-18 Fiscal Year budgeted item. WATFORD — YEA O'CONNOR — YEA VOTE: CHANDLER— YEA RITTER — YEA CLARK — YEA MOTION CARRIED. On October 3, 2017, Attorney Cook provided the Mayor and City Council with a copy of the City of Sebring's Code of Ordinances Chapter regulating Animals and a memorandum of his review of the chapter in comparison with other nearby municipalities' animal regulations in comparison to the City's. The most common complaints Code Enforcement receives are for the number of animals and noise. Our regulations restrict residential uses to three animals per residence. The noise regulations include excessive barking, howling or other noise for a twenty -minute period day or night. The City could enact restrictions to the types of animals (domestic versus farm animals) permitted within the City as well as stricter penalties on any noise within a set period. The issue to keep in mind would be enforcement. Animal control is contracted to the County to maintain within the City. Any violations of regulations beyond animals -at -large would fall on City Code Enforcement to issue citations, which has proven difficult in the past. He respectfully requested direction from the City Council. Council Member Clark began the discussion, as she had requested the research by Attorney Cook after recent issues with the number of roosters a resident had in the Southwest section and receipt of complaints from other residents citywide. Mayor Watford asked the other Council Members to provide their preference on pursing an amendment to the animal regulations. Council Members Chandler and O'Connor did not support any changes, adding that this is a lifestyle in Okeechobee. Council Member Clark made a motion that the City make changes to the Ordinance that limits the number of animals on residential property and define the difference between domestic and farm animals; seconded by Council Member Ritter for discussion. Council Member Ritter suggested time be allotted to review current laws to get a better idea of what regulations the City has and the types of complaints being made. He believed there might be areas that need better definitions or tighter control. However, he would not support restricting animals within the City. WATFORD — NO O'CONNOR — NO VOTE: CHANDLER — NO RITTER — YEA CLARK — YEA MOTION DENIED. 23 OCTOBER 17, 2017 - REGULAR MEETING - PAGE 9 OF 9 AGENDA IX. NEW BUSINESS CONTINUED ITEM ADDED TO AGENDA: I. November 2017 through Janu; (Exhibit 9). Discuss changes to the meeting schedule for Iry 2018 - City Clerk and City Administrator X. ADJOURNMENT - Mayor Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he/she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST: Dowling R. Waf6d, JKMayor Lane amiotea, CMC City Clerk COUNCIL ACTION - DISCUSSION - VOTE Council Member Ritter moved to change the regular meetings for November from the 7th and 21st to the 14th and 28th, cancel the December 5th and January 2nd meetings, and change the time for the November 28th meeting to begin immediately following the Annual Tree Lighting; seconded by Council Member Clark. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. There being no further discussion, nor items on the agenda, Mayor Watford adjourned the meeting at 8:08 P.M. The next regular scheduled meeting is November 14, 2017. 1 jn Okeecho�; f e* 107 SW 17th Street, Suiee D -- _ NDEPENDENTOkeechobee, �lorida 34974V �p�� 863-76 •134 NEWSMEDIA INC. USA tip ., 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,nFlorida, that the attached copy of advertisement being a { i l LC hiOL CL 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 G)11dG 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. -7 , Katrina Elsken Sworn to and subscribed before me this 01-1 day of u -WgCr -)-o i'1 AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # FF 976149 N: ;* "ter, woe EXPIRES: April20,2020 F�F iir`Q� Boffded Thru Notary Public Ufderwilers IDlhllln mug I i� a COPY PUBLIC NOTICE CITY COUNCIL MEETING NOTICE.IS HEREBY GIVEN that the Gty Coundl for the Gty of Okeedro- bee will conduct a regular me bg on Tues, Oct 17, 2017 6 PM, or as soon thereafter as posvMe, at CM HaB, 55 SE 3rd Ave, Rm i00, Okeecho- bee, FL. The public is 11 and encouraged to attnd. The agenda may be obtained from cl !okeechobee.cam or by calling the office of the Gty Administrator, 863-7 3372 ext g812.. ANY PERSON DECIDING TO APPEAL any dedsfan made by the 01, ensuI need to Counrree a vveerbatlne'm record of ffie proceedfg B madeand thenremrdwi includes the testlmony and ev dence upon whkh the appeal will be based. In actor- dance with the Americans wdh DtSabldles Act (ADA), any person with a tidpat �n this pnroc4i ge contact ththat e GrysCle'W IC fe. r r Ura two Obis days poor to proceeding, 863-763-3372 exl 9814. BE ADVISED that should you mind to show any document, picture, video or items t the Council in support or opposition to any clam on the agenda, a copy of the document, Picture, video, or he MUST be provided to the (IBt Clerk for the Mys records• 48263 ON 1orlin 017/atford, Ir. CITY OF OKEECHOBEE 55 SE 3RD AVENUE ♦ COUNCIL CHAMBERS ♦ OKEECHOBEE, FL 34974 OCTOBER 17, 2017 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA PAr.F 1 nF I. CALL TO ORDER — Mayor: October 17, 2017, City Council Regular Meeting, 6:00 p.m. II. OPENING CEREMONIES: Invocation given by Pastor Jim Dawson, First United Methodist Church; Pledge of Allegiance led by Mayor Watford III. COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter Administrator Marcos Montes De Oca Attorney John R. Cook Clerk Lane Gamiotea Deputy Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen IV. AGENDA AND PUBLIC COMMENTS — Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. B. Public participation for any issues not on the agenda — Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. n V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five -Year Longevity Service Award to Cody Rodriguez, Public Works Maintenance Operator. VI. MINUTES — City Clerk A. Motion to approve the Summary of Council Action for the September 25, 2017 Special Meeting and the October 3, 2017 Regular Meeting. VII. WARRANT REGISTER — City Administrator A. Motion to approve the September 2017 Warrant Register. General Fund $482,828.92 Public Facilities Improvement Fund $ 33,813.88 Community Development Block — Economic Grant Fund $ 57,481.10 Capital Improvement Projects Fund $ 54,585.99 Law Enforcement Special Fund $ 75.00 Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor A.1.a) Motion to read proposed Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days — City Administrator (Exhibit 1). b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1160 by title only. 2.a) Motion to adopt proposed Ordinance No. 1160. b) Public discussion and comments. c) Vote on motion. CLOSE PUBLIC HEARING October 17, 2017 PAGE 2 oF3 October 17, 2017 PAGE 3 oF3 IX. NEW BUSINESS A. Discussion and overview of Okeechobee County Healthy Start Coalition — Jayce Turgeon, Community Liaison (Exhibit 2). B. Consider a Temporary Street Closing Application submitted by First Baptist Church to temporarily close SW 4th Street between SW 5th Avenue and SW 6th Avenue from 3:00 p.m. to 9:00 p.m. on October 31, 2017 for a Fall Family Festival — City Administrator (Exhibit 3). C. Discussion regarding air condition permitting concerns — Bud Neese, Quality A/C of Okeechobee (Exhibit 4). D. Motion to adopt proposed Resolution No. 2017-10, recognizing Florida City Government Week, October 23 - 29, 2017 — City Clerk (Exhibit 5). E. Consider an amendment to the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures — Personnel Administrator (Exhibit 6). F. Motion to rescind action taken on September 5, 2017, approving an Interlocal Agreement with the Okeechobee Board of County Commissioners regarding Local Option Gas Tax revenues, and approve a revised agreement addressing the revenue proceeds for the two, four, five, and nine cent Local Option Gas Taxes from January 1, 2018 through December 31, 2027 — City Attorney (Exhibit 7). G. Motion to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00 — Public Works Director (Exhibit 8). H. Discuss provision of the nuisance/domestic animal ordinance — City Attorney X. ADJOURN MEETING — Mayor PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council with respect to any matter considered at this proceeding, such interested person will need a record of the proceeding, and for such purpose may need to ensure 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 recordings are for the sole purpose of backup for official records of the Clerk. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate 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 City Clerk for the City's records. City of Okeechobee, October 17, 2017 Meeting Minutes taken during the meeting by Lane Gamiotea CALL TO ORDER: Mayor Watford called the Regular City Council Meeting to order on October 17, 2017, 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 offered by Pastor Jim Dawson, First United Methodist Church; the Pledge of Allegiance was led by Mayor Watford. III. MAYOR, COUNCIL MEMBERS AND STAFF ATTENDANCE - City Clerk Mayor Dowling R. Watford, Jr. Present Council Member Noel Chandler Council Member Monica Clark Council Member Mike O'Connor Council Member Gary Ritter City Attorney John R. Cook City Administrator Marcos MontesDeOca City Clerk Lane Gamiotea Deputy City Clerk Bobbie Jenkins Fire Chief Herb Smith Police Chief Bob Peterson Public Works Director David Allen Present Present Present Present Present Present Present Absent (FACC Fall Academy) Present Present Present IV. AGENDA AND PUBLIC COMMENTS - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. Mayor Watford asked whether there were any requests for the addition, deferral, or withdrawal of items on today's agenda? Additions included under Proclamations and Presentations, Item "B." Acceptance of ballistic shields from Palm Beach County Sheriff's Office and New Business Item "I." Discuss the meeting schedule for November through January. Item VI. A. Minutes was withdrawn. B. Public participation for any issues not on the agenda - Agenda Item Form or Comment Card is required. Citizen comments are limited to 3 minutes per speaker unless otherwise approved by the Mayor. Mayor Watford asked whether there were any comment cards presented for public comment. There were none. V. PROCLAMATIONS AND PRESENTATIONS — Mayor A. Present a Five -Year Service Award to Cody Rodriguez, Public Works Maintenance Operator. On behalf of the City, Mayor Watford and Public Works Director Allen presented Mr. Cody Rodriguez who was accompanied by his wife Andrea and daughters, Aria and Alleigha, with an engraved cross pen and a framed certificate which read, "in recognition of your 5-years of service, hard work, and dedication to the City, its citizens, and your fellow employees from October 5, 2012 to October 5, 2017." ITEM ADDED TO AGENDA: B. Acceptance of ballistic shields from Palm Beach County Sheriff's Office — City Administrator. Gracious letter from the City Council after meeting VI. MINUTES — City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the September 25, 2017, Special Meeting and the October 3, 2017, Regular Meeting. Item was withdrawn from the agenda. VII. WARRANT REGISTER — City Administrator A. Motion to approve the September 2017 Warrant Register. General Fund $482,828.92 Page 1 of 9 Public Facilities Improvement Fund $ 33,813.88 Community Development Block — Economic Grant Fund $ 57,481.10 Capital Improvement Projects Fund $ 54,585.99 Law Enforcement Special Fund $ 75.00 Council Member O'Connor moved to approve the September, 2017 Warrant Register in the amounts: General Fund, four hundred eighty-two thousand, eight hundred twenty-eight dollars and ninety-two cents ($482,828.92); Public Facilities Improvement Fund, thirty-three thousand, eight hundred thirteen dollars and eighty-eight cents ($33,813.88); Community Development Block -Economic Grant Fund, fifty-seven thousand, four hundred eighty-one dollars and ten cents ($57,481.10); Capital Improvement Projects Fund, fifty-four thousand, five hundred eighty-five dollars and ninety-nine cents ($54,585.99); and Law Enforcement Special Fund, seventy-five dollars and zero cents ($75.00); seconded by Council Member Ritter. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Vill. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION — Mayor MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:13 P.M. A.1.a) Motion to read proposed Emergency Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days — City Administrator (Exhibit 1). Council Member Chandler moved to read proposed Emergency Ordinance No. 1160 by title only, extending the moratorium on medical marijuana businesses for 180 days; seconded by Council Member Clark. b) Vote on motion to read by title only. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. c) City Attorney to read proposed Ordinance No. 1160 by title only. Attorney Cook read proposed Ordinance No. 1160 by title only as follows: "AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM; PROVIDING FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." 2.a) Motion to adopt proposed Ordinance No. 1160. Motion and second by Council Members Clark and Chandler to adopt proposed Emergency Ordinance No. 1160. b) Public discussion and comments. Mayor Watford asked whether there were any questions or comments from the public. There were none. Cook we did on an emergency basis and didn't have time to do two readings. From here either the city council instructs me to draft an ordinance prohibiting or placing it on the planning board agenda to address by allowing within the land development regulations. If we do not enact ordinance then the moratorium will expire and they will be allowed without any regulations Page 2 of 9 Legislation passed said it will be regulated just like pharmacies. If not enacted then whatever we have for pharmacies someone could pursue the situation to have it in whatever zoning district its allowed. Chandler need to put it before the planning board to have some kind of a handle on it. Should have a handle on it before it gets here. Cook still has the abilitiy to totally not allow it. Ritter appreciate the memo sent by Attorney cook. The only thing I wish the state would have required is that a pharmacist be on staff. The voters voted for it, the state passed some legislation on it. If someone wants to put this type of business in here we have vacant buildings that could be used, people do need this for medical purposes. O'Connor all depends on where generation you grew up if we want this in the City or not. Clark agree with Ritter, need to regulate it medical necessity for it, need to have the regulations to provide for it. Watford I understand the arguments that the voters voted on this and can be beneficial for some people, what I really disagree with is how the state went about this, point is very well taken, some states require a pharmaishts, we all know where this is headed, for recreation, we all know it will be abused as it is in other states, the attorney is the expert but the limits will be very little, doesn't matter now since we have three that want to proceed. Do we want to enact the ordinance to give time for planning board recommendations and then to us for adoption. Motion is to adopt the moratorium and cook will move forward wth putting it before the planning board. c) Vote on motion. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. CLOSE PUBLIC HEARING — MAYOR MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:24 P.M. IX. NEW BUSINESS A. Discussion and overview of Okeechobee County Healthy Start Coalition — Jayce Turgeon, Community Liaison (Exhibit 2). Jayce Turgeon, distributed handout of the presentation, explain who Healthy Start is, statewide risk based program consisting of 32 coalitions. Mission is to establish a system which guarantees that all women have access to prenatal care and that tall infants have access to services that promot normal growth and development. Primary goal is to reduce infant deaths, reduce number of Iw birth weight babies and improve health and developmental outcomes. The services are offered to every pregnant womenand infants in the state, eligibile to women who sores a six or infact scores a four on the screen, doctor or healthcare provider referral and self referral. Staff does home visits, if the women are comfortable with them coming there, or meet in an agreed place, provide care coordination to assure access to needed services, childbirth education, parenting education and support, psychosocial counseling, tobacco education/cessation counseling, breasfeeding education and support, nutrition counseling, mom care, car seat education and safety, evidence based tools and programs post portum depression, parents as teachers inter - conceptional care. Statistics for July 1, 2016 through June 30, 2017: Total number of births 516, 429 pregnant women served, 254 infants (ages 0 to 11 months), and 51 children, ages 1 to 3 year olds. Fundraisers totaled $6,932.38 through Change for Babies, Healthy Start Calendar, and participated in the 2017 Okeechobee Music Festival. This year's calendar is Fur Babies. Thank the City Council for judging the photos for the calendar. We will bring calendars to each of you; they are $10 each for sale. Participated in fairs and events in the community. Newest fundraiser for diapers. Cover that pumpkin drive through Halloween, thank City Police Department for their participation and they are one of our drop off locations. Do baskets for the families for thanksgiving, Christmas and easter. Page 3 of 9 Community resource list working toward corrdianted intake and referral process from the healthy start screens, meet with organizations that help assist faily in Okeechobee county to learn about their services and programs. Ritter thank you for giving the presenation, sit as the city's liason to this board, unbelievable the things they do with such limited amount of funds. Great that you are getting out there to share the information with the community B. Consider a Temporary Street Closing Application submitted by First Baptist Church to temporarily close SW 4th Street between SW 5th Avenue and SW 6th Avenue from 3:00 p.m. to 9:00 p.m. on October 31, 2017 for a Fall Family Festival — City Administrator (Exhibit 3). Council Member Clark moved to approve a Temporary Street Closing Application submitted by First Baptist Church to temporarily close Southwest 4th Street between Southwest 5th and 6th Avenues, from 3:00 to 9:00 p.m. on October 31, 2017, for a Fall Family Festival; seconded by Council Member Ritter. Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. C. Discussion regarding air condition permitting concerns — Bud Neese, Quality A/C of Okeechobee (Exhibit 4). Mr. Bud Neese and his wife Amy, owners of a/c business most of my life. Want to address lack of permitting. Not a public speaker, im mad, angry and frustrated waiting for answers. Came to the city in june and spoke with Jeff about jobs in progress, didn't get any answers to my questions. Like jeff don't have problems with him, put myself on a limb being here, you have staff, marcos is an intelligent man, hes anice man, florida statutes says permits have to be pulled for work done, when work is being done and permits are not being issued and nothing is being done about it. I didn't get anywhere from my meetings with jeff and marcos. Spoke with Robin in marcos office, confirmed email and sent to Robin, got a phone call but don't feel Ilike we got any where, first meeting thought maybe I would get somewhere. Another email sent, specific and to the point, it's a joke what I got in response, you did not address the four questions. Can we agree the reason for licensing is for the health, safety and welfare for the people? If we don't have permiting what will happen. To not answer my questions is disrespectful, to force me to come up here is wrong, there is no doubt in my mind. City staff does not seem to understand how important this is, the issue is also in the county and its effecting me daily. Worse in the county than city What do you feel are the responsilibity to contractors? Watford were at a disadvantage here, you are asking me questions that I do not know. People are doing work in the city without pulling permits. The other situation is people doing the work that are not licensed. What would you like us to do? Bud you should nto have to deal with this, the state set the laws down years ago and marco knows what it says, jeff and marcos to answer my questions. Address given that work was done and the city didn't pull a permit. Watford we have this issue not only with a/c, but other type of work as well. Bud, I gave addresses for specific places where work was being done without a permit. Watford I understand your frustration, we need to hear from out staff and see if we need to take any action. Marcos, article out to the public so they know what they need to pull permits for. Working with the county to include them. Don't want just a/c but all areas to permits. Jeff respect Bud for coming in to a public forum for this. Complaint int eh courts for 10 months, Division of Business Regulation and Workers Comp. Page 4 of 9 Caught three out of towners and charged them three times the amount. Evidence has to be collected, and that is difficult. We cannot just walk in with hearsay. It happesn on the weekends and after hours. Plaqued the industry for years. We receive their phone call but they are gone. The agencies want statemetns from the homeowners, 9 times out of 10 it wont happen. Mechanical contractors lately received direct warning against them, since that warning they have been pulling their permits. There are other contractors telling me the same thing, I understand but collecting evidence is very difficult and its whats needed to pursue the issue. If I would to contact the agency, the investigator will come to town. What recource do we have? The three out of towners where caught on the site, photos were taken. If they don't come in I can pursue to procecute. Ritter someone comes in and find out after the fact, what happens. The owner might tell me, then I call them, they may come in and pull the permit then, if they tell me they were on a maintenance call, there's nothing I can do about it, its my word against theirs. Cook owners don't have to tell us anything, code enforcement cannot enter property. Jeff cant either. Noel who pays? The contractors. Clark before on the city council, visited Jeff with the same complaint. Our city and county is bad. Other counties, letters were sent home owners and explain if the owner sells the house and it cannot be proven the permit was pulled, they have to pull it then and pay the double, so the owners can be held liable. They are not educated on what type of permits are required. think there are things we can do to help the situation. I have been to the county many, many times. Watford auto repair work happens a lot, especially with them moonlighting on the weekends. The problem is we have to be able to prove that. I understand a whole new system it would be easy to track. Okeechobee county has no enforcement, it was falling on deaf ears, not in the city, jeff called them directly and told them to get the permts pulled. You have to catch them to prove it. You can take pictures of the units. The manufacturer can tell you who bought it. I think there are things we can do. It creates an atmosphere of everyone doing their part. We have funds to cover the costs of the inspectors. Watford to Cook what can we do legally? Cook Jeff explained it, get a complaint if new unit and home owner does not want to cooperate then theres nothing. Jeff, I have to have probable cause. I can ask the home owner and conversation goes from there, if they don't cooperate I cant go any further than that. Ritter, learning this are its being explained. New units are what we are discussing. Model numbers and should be some way to look it up. Jeff have to have a license to buy a unit, company gives employee okay to pick up, qualifier says they don't know, can be convoluted. Monica, it's the home owner and qualifers responsibility. DBPR comes involved then, as a home owner 15 20 years ago it was not big deal, its very frustrating for a/c contractors. Weve all been caught not pulling permits, not on purpose. Some companies allow people to buy units on the coast, there si a theft problem as well. Jeff the only recommendation I can say for youto consider is public education. Bud, I say all this with all due respect, attorney may can way in, the owner is responsible for having a permit when they are installing a new unit and hire a licensed contract. If I have knowledge of this happening, Ive given them the addresses, one is for a commercial place. I addressed that in June, I don't have answer from this city. Many times we have direct first hand knowledge. I gave an estimate, two weeks later theirs a new unit, I called and asked, the girls tell us there was no permit. How hard is that, snap a picture of the new unit, dear home owner a new improvement, we have no permit, you have how ever many days to rectify this matter, find out who is out there doing the work, find some shadow business out there doing work. Address the home owner. If I call in a complaint I will give a testimony. Page 5 of 9 Cook, what if the home owner wont give you the information. Let me suggest, think we have a little disagreement on what we can legally do, you have to understand we have to make sure we legally do things right. That I sit down with administrator and building official and discuss this and with the attorney, like your suggestion to see what st lucie county does and if someone else hasa solutions that works. We need to do this with all trades, make sure were on the saem page with all them, not fair to pick on one over the other. If that will be okay with you, give us a little time to do that I will get back with you eihter when it will be aback on the agenda or what we propose as a solutions. Bud please consider a letter to the owner. That will be okay. To contract without a license is a felony in the state of florida please consider I've been to the city what difference is it with these folks doing work and breaking into someones back yard and stealingthings. These people are stealing from me. Every day people are doing this to me, and they are stealing from the city by not getting the fee for the permit. If someone calls the police department when someone is steallign a law mower, it's the saem thing. Watford, we will work on this and I will get back with you. I will let you know one what or the either. Agreeable with the council. Chandler need to do something about it. We have tried to start the public education part of it. Bud my direct demeanor Clark feel and totally agree with Bud, like to be proactive, public education will be a crutial part of this. Addresses ive given to the county have nto been followed up on. In Clewiston the police department writes down the name of the county and calles it in to the building department to confirm they company has pulled a permit. Here it's a joke and think we need to protect our citizens. Watford know we do dthat to some extent, fred does that quite often. Ritter we really cnat afford to do this as a city lost reveneues that are taking palce aout there, home owner may pay the heavy price on this. There are businesses that are do ing the right thing and we are a council to promote more businesses, everyone should be on the same playing field. Mike vehicles not having signs on them, know that jeff and fred run into that often. I think that youre putting this on the home owner, don't believe all the home owners just cant wait to put that fee, if I can get out of paying the fee, good for me. Code board one big problem fine someone, never been an active to go after them and make them pay up and that needs to be addressed. D. Motion to adopt proposed Resolution No. 2017-10, recognizing Florida City Government Week, October 23 - 29, 2017 — City Clerk (Exhibit 5). Motion and second by Council Members Ritter and O'Connor to adopt proposed Resolution No. 2017-10, recognizing Florida City Government Week, October 23 - 29, 2017. Attorney Cook read proposed Resolution No. 2017-10 by title only as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 23-29, 2017, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Discussion: none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. Page 6 of 9 E. Consider an amendment to the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures — Personnel Administrator (Exhibit 6). Motion and second by Council Members Ritter and Clark to consider an amendment to the No Smoking Policy within Chapter Two - Employment of the Personnel Policy and Procedures. Exhibit Six contained a memorandum from City Clerk Gamiotea, explaining, upon review of the City's current No Smoking Policy, adopted in Chapter Two of the Personnel Policies and Procedures, the administrator and I met with Courtney Moyett, Community Health Advocate for the Quit Doc Foundation, and recommend the following amendment, which requires official action of the City Council. Current Policy Wording: No Smoking Policy There will be no smoking by employees of the City inside its public buildings as provided by the Florida Clean Indoor Air Act (Florida Statute 286.201). Recommended Amendment: Smoke -Free Policy A tobacco -free environment helps create a safe and healthy workplace and environment. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease, and cancer. The City supports the health of its citizens, and reinforces our commitment to preserving and improving the health and comfort of our employees and visitors. Effective November 1, 2017, the City will be a smoke -free environment except in approved designated areas. For these purposes, smoking products are defined as cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nicotine delivery systems (ENDS) such as vapor and electronic cigarettes. The use of the products as listed above are prohibited in any building or on the grounds except in designated areas. This includes all indoors and outdoors areas that are City owned or leased facilities, including but not limited to, all buildings and facilities, outdoor areas, porches, covered walkways, common areas, parking lots, and City owned or leased vehicles. Respectively, there is a 50-foot distance from entrance/exit of City buildings or facilities where smoking products are limited from use. This Smoke -Free initiative applies to all persons present in the areas described above including but not limited to City elected officials, employees (whether full-time, part-time, temporary and/or volunteer), contractors, and visitors. Smoking use shall be permitted only in exterior designated smoking areas. All materials used for smoking in designated smoking areas, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers. Employees are only allowed to smoke on their rest and meal breaks. Employees may not take or be allowed any additional breaks to use any tobacco product. Direct any question, complaint, or dispute about tobacco use in the workplace to the Personnel Administrator. Employees who want to quit tobacco are encouraged to use Tobacco Free Florida's Quit Your Way, a set of free services to help tobacco users quit, is provided on the employee bulletin boards. Mrs. Moyett advised that her organization can provide signage, free of charge, for the City to post at all facilities (attached are two samples she provided, the verbiage would change based on the type of policy adopted, "tobacco free" or "smoke free"). Courtney, thank you for consider this, we did a lot of revisions. They were willing to include the definitions. Want to be very specific. This is one that I got from the city of stuart since 2007. Page 7 of 9 VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. F. Motion to rescind action taken on September 5, 2017, approving an Inter -local Agreement with the Okeechobee Board of County Commissioners regarding Local Option Gas Tax revenues, and approve a revised agreement addressing the revenue proceeds for the two, four, five, and nine cent Local Option Gas Taxes from January 1, 2018 through December 31, 2027 — City Attorney (Exhibit 7). Council Member Ritter moved to rescind action taken on September 5, 2017, approving an Inter -local Agreement with the Okeechobee Board of County Commissioners regarding Local Option Gas Tax revenues, and approve a revised agreement addressing the revenue proceeds for the two, four, five, and nine cent Local Option Gas Taxes from January 1, 2018 through December 31, 2027; seconded by Council Member Clark. Discussion: 9th cent didn't match, thank you for pointing that out. How come they are not listed in that order VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. G. Motion to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00 — Public Works Director (Exhibit 8). Motion and second by Council Members Chandler and Clark to approve the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower in the amount of $12,150.00, from Gilbert Outdoors, second of the two mowers to be purchased. Discussion: Allen — wider depth, rear discharge. VOTE: WATFORD — YEA CHANDLER — YEA O'CONNOR — YEA RITTER — YEA CLARK — YEA MOTION CARRIED. H. Discuss provision of the nuisance/domestic animal ordinance — City Attorney Council member Clark provided Sebring ordinance, its an in between, if we want to do this need to know how to enforce it, may be same as the sign ordinance. Watford whats the council preference? Chandler what brought this up? Roosters. Clark and livestock being brought into the neighborhoods, multiple hunting dogs in kennels. Did some research on how many properties have ag exemptions and there are five. Restricts how many and the more land you have Chandler, wont go along with it, Roosters have been here for over 71 years, I don't have any problems, I got horses in my neighborhood. It's a lifestyle in Okeechobee. Leave it just like we have. Clark think we need to adjust how many have. We addressed it and now they are gone. Page 8 of 9 Heard there was a new one. Cook Noel gated communities and the boundary is barbed wire and next to livestock. Clark buy a nice house on a nice street and the neighbor brings in roosters and chickens. Watford had this discussion on the animals when we adopted the LDR's. County has a more strike ordinance than we do. Clark move that we make changes to our ordinance that limits the number of animals on residential and difference between domestic and farm animals. Ritter second for discussion. Ritter feel disadvantage not up on our current ordinance can't make a sound logical common sense decision if we want to do anything here. Mike one thing is that this is an ag community whether it be 4 H or what ever and this is what we have been here, had a cow crew in southeast Okeechobee, they make a living with the animals, you make a living. Clark want to tighten up the ordinance based on the number of houses and how close they are you have to restrict the number and types of animals. Think we need to look at this. Ritter, sat on Highlands county listen to them for two commission meetings, we are growing as a city, get more people here, agree with oconnor, we are an ag community, growing to make us more populated, may need to address with this at some point and time. Unfortunately many people bring their problems with the way of life. Wouldn't mind some discussion to tighten it up but don't know if I'd want to limit it. VOTE: WATFORD — NO CHANDLER — NO CLARK — YEA O'CONNOR — NO RITTER — YEA MOTION DENIED. ITEM ADDED TO AGENDA: I. Discuss changes to the meeting schedule for November 2017 through January 2018 — City Clerk and City Administrator (Exhibit 9). Council Member Ritter moved to change the regular meetings for November from the 7th and 21St to the 14th and 28th, cancel the December 5th and January 2nd meetings, and change the time for the November 28th meeting to begin at P.M.; seconded by Council Member Clark. Discussion: Tree lighting in the past on the past after . VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA O'CONNOR — YEA RITTER — YEA MOTION CARRIED. X. ADJOURNMENT - Mayor There being no further items on the agenda, Mayor Watford adjourned the meeting at 8:08 P.M. Page 9 of 9 MUM it' 9DY A, KODRIi In Recognition of your 5-Yea ;ervir-e.Hard Work. and Ded Ire- Col s-T3-d6-VWA 111 VA Usl I ra- Us- I ;, -:11,11 "Olm i Added fo Agenda N -Y M� Aft so MEMORANDUM To: Mayor and City Council Members From: arcos Montes De Oca, Administrator Subject:f October 17, 2017 Agenda Additional Item Date: October 11, 2017 Please add the following item to the October 17, 2017 City Council Regular Meeting Agenda: V.B. Acceptance of ballistic shields from Palm Beach County Sheriff's Office — City Administrator 10 / I//lr7 6t*fi rj/ DONATION AGREEMENT ] cvnc(a fgW;s- This Agreement is made effective as of the last date executed by the parties and is made by and L s* Jd between, Ric L. Bradshaw, Sheriff of Palm Beach County, Florida ("Sheriff') and the City of Okeechobee /O1r7 f ( Police Department, hereinafter referred to as the "OPD" . 1yt&- tz r WHEREAS, the Sheriff owns certain ballistic material (the "property") which has expired, is surplus and/or serves no useful function to the Sheriff, and WHEREAS, OPD has requested the donation of this property. IT IS HEREBY AGREED as follows: 1. The Sheriff hereby transfers, assigns and conveys to OPD all right, title and interest in and to: Two (2) Protech Ballistic Shields (the "property"), as set forth on Attachment A, and OPD accepts the property donated to them by the Sheriff. 2. The property is being conveyed as is and is being donated to be used by OPD in their law enforcement operations. OPD understands that the ballistic material has expired according to the manufacturers' expiration date, is no longer covered by the manufacturer's warranty and that the Sheriff makes no representations or guarantees about the condition or useful life of the i, property. 3. Upon such transfer and acceptance, OPD will assume sole responsibility for this property on the same basis as any other property owned by OPD and the Sheriff is relieved of any and all responsibilities or obligations with regard to this property. 4. OPD understands and acknowledges that the use of the property presents certain risks and that it is solely responsible to ensure all necessary safety precautions and procedures are taken in connection with the use of the property. 5. To the extent and limits provided in Florida Statutes, Section 768.28, OPD shall indemnify and hold the Sheriff harmless from any and all claims, causes of action, liabilities, expenses, losses, costs, and damages, including attorney's fees, which may arise by reason of OPD's use of the donated property. Under no circumstances will the Sheriff be liable to OPD or any other person or entity, for any direct, indirect, incidental, special or consequential damages arising out of or related to this donation or the subsequent use of the property. 6. OPD agrees that it will only use the property as stated in this agreement and that it will not further transfer this property to any other entity except in accordance with the law. PAL7L. 0 TY IF ' OF !E ,Z i dshaw, Sheriff, or h` designee 1 Date: CITY OF EECHOBEE POLICE DEPARTMENT By: Ti e: t +f L Date: ra % d f�/ �— a • DONATION AGREEMENT This Agreement is made effective as of the last date executed by the parties and is made by and between, Ric L. Bradshaw, Sheriff of Palm Beach County, Florida ("Sheriff') and the City of Okeechobee Police Department, hereinafter referred to as the "OPD" . WHEREAS, the Sheriff owns certain ballistic material (the "property") which has expired, is surplus and/or serves no useful function to the Sheriff, and WHEREAS, OPD has requested the donation of this property. IT IS HEREBY AGREED as follows: 1. The Sheriff hereby transfers, assigns and conveys to OPD all right, title and interest in and to: Two (2) Protech Ballistic Shields (the "property"), as set forth on Attachment A, and OPD accepts the property donated to them by the Sheriff. 2. The property is being conveyed as is and is being donated to be used by OPD in their law enforcement operations. OPD understands that the ballistic material has expired according to the manufacturers' expiration date, is no longer covered by the manufacturer's warranty and that the Sheriff makes no representations or guarantees about the condition or useful fife of the property. 3. Upon such transfer and acceptance, OPD will assume sole responsibility for this property on the same basis as any other property owned by OPD and the Sheriff is relieved of any and all responsibilities or obligations with regard to this property. 4. OPD understands and acknowledges that the use of the property presents certain risks and that it is solely responsible to ensure all necessary safety precautions and procedures are taken in connection with the use of the property. 5. To the extent and limits provided in Florida Statutes, Section 768.28, OPD shall indemnify and hold the Sheriff harmless from any and all claims, causes of action, liabilities, expenses, losses, costs, and damages, including attorney's fees, which may arise by reason of OPD's use of the donated property, Under no circumstances will the Sheriff be liable to OPD or any other person or entity, for any direct, indirect, incidental, special or consequential damages arising out of or related to this donation or the subsequent use of the property. 6. OPD agrees that it will only use the property as stated in this agreement and that it will not further transfer this property to any other entity except in accordance with the law. PALM BEACH COU RIFF'S OFFICE CITY OF CHOBEE--POLICE DEPARTMENT By: By: . sha , Sheriff, or his designee Date: i EE 1 (�1 Exhibit 1 Oct 17, 2017 ORDINANCE NO. 1160 AN EMERGENCY ORDINANCE ENACTED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 1146, ENACTING A MEDICAL MARIJUANA MORATORIUM, AND AMENDED BY ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM; PROVIDING FOR AN EXTENSION OF 180 DAYS; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida heretofore adopted Ordinance No. 1146, on November 1, 2016, 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 was amended by Ordinance No. 1153, adopted on March 21, 2017, by the City Council for the City of Okeechobee, Florida which extended the moratorium for 180 days to provide the State of Florida to announce regulations or legislative action to offer guidance to local government; and WHEREAS, the City of Okeechobee, Florida may enact an emergency ordinance pursuant to the provisions of Florida Statute 166.041(3)(a),(b) by a two-thirds vote of the City Council;. 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 prior to the expiration of this Ordinance, the City of Okeechobee, Florida may address the adoption of local Ordinances to further regulate the dispensing, Zoning, and location of such business' within the City. Ordinance No. 1160 Page 1 of 2 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, PASSED, AND ADOPTED after First Reading as an Emergency Ordinance on this 17th day of October, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Dowling R. Watford, Jr., Mayor Ordinance No. 1160 Page 2 of 2 Okeechobee News WON 107 SW 17th Street, Suite D AIID�APENDr�!NmT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 F h CLI l- 71 o N urg STATE OF FLORIDAKEE FILE C 1 COUNTY OF OEECHOBEE ftnv 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, nFlorida, that the attached copy of advertisement being a 6i66K t1 C in the matter of 1d. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Ic�17'-'� mil'", 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 affiiant 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. a Katrina Elsken Sworn to and subscribed before me this 1 ?' _day of UL�-C 0,12;'r `� AD Notary Public, State of Florida at Large ;�ot"'•o :' ANG1E BRIDGES * :*: 9j 'o MY COMMISSION # FF 976149 EXPIRES:Apol20,2020 ;4V Bonded 7hru Nokq Public Undenvribrs PUBUCNOTiCE, , CONSIDERATION OF ADOPTING A CITY ORDINANCE '' NOTICE IS HEREBY GIVEN that the City Council of the Gty of Okeecha bee, Florida will. conduct an Emergenccyy P�ublicHeannq or, Tues Oct 17 2017; at S:QO loM or;as soon',thereaftenpossible, at City' Hall,b�5 5E�13 Ave.; Okeechobee,-R, to co"s*der,final reading for. adoptidn.o .t following Ordinance Into law No. 1160:`AN EMERGENCYORDINANCE ENACTED BY THE CITY COUNCIL OF THE CIiTY OF OIO:ECHOBEE,, FLORIDA AMENDING.ORDINANCE-ND., 3146,_ENACIING.A:MEDICILL MARI- IUANA MORATORIUM, AND AMENDEDByr ORDINANCE NO. 1153 EXTENDING DATE OF MORATORIUM•,PROVIDING FOR AN EXTEN-' SION OF 180 DAYS PROVIDING FOR SUNSET PROVISION) PRO- ' VIDING FOR,,,CdNFLICT; .: PROVIDING- FOR SEVERABILITY; PROVIDING FORAN.EFFECTIVEDATE; All members of the public are,encourar 0 attend and.0articipate In said Heanngg. The proposed Ordinance may be Inspected in its ent rety by mem- bers•of the public at-the.Office of the City Clerk during rdrmal business hours, Mon -Fri, 8:00'AM-4 30 PM; except for holidays. ANT PER SON�`DECIDING'70 APPEAL any -decision -made bT the -,City Council i4ith respell 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 whu'c the"ap eal will bebased. In accor- dance with theAm'edcans'vnthDis&lities A� (ADA), any person with a i disability as defined by the ADA, that needs special accommodation to,par- pate in this proceeding; contact the City Clerks Office no later than two business days prior to proceeding 863-763-3372. i BE ADVISED,that should�yop.intendto show any dogment, picture, video or tams to the,Councit.(b'support or opposition to any Item on the agenda; a copyy of the document, picture `video, of item MUST N.provided to.the City Clerk for the'City's records. ` Published By: City Clerk Lane Gamiotea, CIVIC 482638'ON 10/13/2017 . Exhibit 2 Oct 17, 2017 CITY OF OKEECHOBEE (863) 763-3372 FAX (863)763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO. CITY ADMINISTRATORS OFFICE 55 SE 3RD AVENUE OKEECHOBEE, FLORIDA 34974 NAME: f '-ri raeon -© P ��, r t f SfGnll- ADDRES : eVC'c� . 3LIa-7 3 TEL EPH ON E: so-3 - c.- (0-) • FAX: ar0 ,3 • �i (pq ' 52,--7 MEETING: REGULAR SPECIAL Cl WORKSHOP Cl DATE:_LOb tl►___________ PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THE CITY COUNCIL AGENDA: PLEASE STATEWHATDEPA RTjMENT (S)YOUHAVE WORKEDWITH: — (�_?r _GlamL� C+_ 1-��► t� a.A (------ ---- ------------ PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: IF A PRESENTATION IS TO BE MADE/ PLEASE LIMIT THE TIME TO TEN MINUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: /t,z� /..Czr�oyL DATE: Okeechobee Healthy Start Coalition 10/17/2017 bufd at Echow 2 STAR OKEECHOBEE, FLORIDA United Way 06� Who are we? 10/17/2017 We are... • Statewide risk -based program consisting of 32 coalitions • Mission: Establish a system which guarantees that all women have access to prenatal care and that all infants have access to services that promote normal growth and development • Primary goal: • Reducing infant deaths • Reduce number of low birth weight babies • Improve health and developmental outcomes Healthy Start Screenings Hera Your baby nave a twstft S"m in NFN WMYw MYrrt� �i.sr1 VwMM! !W»C1111YI1i� � R vAY�MY•In • Offered to every pregnant women and infant in the state • Eligibility to Healthy Start Services • women scores a 6 or infant scores a 4 on the screen • doctor or healthcare provider referral • self referral Rawen.atsx srrsstsr- __ m,.we..mee«w. �...aw.�,Mwe.r..raw».owY FAQ M I,ZZ11 C1 2 10/17/2017 Healthy Start Incentive Bags F_dueatbiT is NAVY to Healthy Start Services • Outreach • Care coordination to assure access to needed services • Childbirth education • Parenting education and support • Psychosocial counseling • Tobacco education/cessation counseling • Breastfeeding education and support • Nutrition counseling • MomCare • On -Track • Car Seat education and safety • Evidence -based tools and programs Developmental screening tool: ASQ-3 Mothers & Babies program (post- Partum depression) Parents as Teachers Inter -conceptional care 3 10/17/2017 July 1, 2016- June 30, 2017 Stats • Total # of Births: 516 Total # of pregnant women serviced: 429 • Total # of infants (ages 0-11 months): 254 • Total # of children (ages 1-3 years): 51 $$Fundraisers$$ Totaling $6932.38 II 10/17/2017 10/17/2017 2017 Okeechobee Music Festival Largest Fundraising event Earned $6181 27 Plans to participate @ for Healthy Start 2018 Okeechobee Music Fest! 0 10/17/2017 Fairs/Community Participation 10/17/2017 10/17/2017 Diaper Drive • "Cover that pumpkin" Diaper Drive • October 13th through 311t • Drop off locations • Okeechobee Healthy Start • 1132 S Parrott Ave • Okeechobee Police Department • 50 SE 2"d Ave • Tin Fish Okeechobee • 301 N Parrott Ave • Lillies & Lace Boutique • 205 SW Park St Donations Totaling: $2000.00 9 10/17/2017 Thanksgiving Baskets 0 $500.00 Donation Served 17 from St. Patrick's Catholic Church Families $500.00 Donation $500.00 Donation From St Patr.IcKs From Molina cat h oVlc Church Healthcare Christmas Baskets Served 22 Families 10 10/17/2017 Shared Services Donation Other Donations Melissa & Eddie French Donation County Library Crochet Guild 11 10/17/2017 Healthy Start Donations Donation to Panther Youth Program at South Florida State College Computer tower With keyboard & mouse For a teen in need Community Presentations 12 10/17/2017 Jayce presented to Rotary on August 15, 2017 Jayce presented to Kiwanis on June 29, 2017 Community Resource List • Working toward Coordinated Intake and Referral Process from the Healthy Start Screens • Meeting with organizations that help assist families in Okeechobee County to learn about their services/programs • Create resource list that will be made available to all community organizations once complete. • Ar==> 13 10/17/2017 Thankyoul Interested in being a part of Okeechobee Healthy Start?! See me today about becoming a member! • Jayce Turgeon Community Liaison (863)462-5877 hsci4bs@embarqmail.com 14 Exhibit 3 Oct 17, 2017 Page 1 of 3 Revised 3-21-17 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-9821 Fax: 863-763-1686 Ia -t15 WD/OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: Date Issued: Application No: i g Date(s) & Times of Event: �� .. ,-, , _, ; 3 Information: r anizaiion: First Baptist Church of Okeechobee Mailing Address: 401 SW 4th Street, Okeechobee, FL 34974 Contact Name: Melanie Rooks, Director of Recreation and Childrens Ministry E-Mail Address: melanie@fbcokee.org Telephone: Work: 467-7625 (467-ROCK) Home: I Cell: 772-633-9777 Summary of activities: Fall Family Festival outside activities such as booths with games, music, bounce houses inflatable slides/similar inflatables, Will have candy and other types of goodies/refreshments. Parking will be at the ROC, the main church campus, and the mission house. Festival will be held on the recreation field located south of the ROC and west of the main campus. The festival is to provide an alternative to going door to door trick or treating, focusing on children in grades Sth and younger. See attached map indicating the portion of 4th Street requesting to be closed, the recreation field, the ROC, and parking areas. There is power at the fields for the Inflatables and temporary lights will be provided. Rest rooms are located at the ROC. We are requesting barricades for 4th ST, as well as City Police Officers to assist with pedestrian traffic across SW Sth Ave. t-roceeas usage: There is no charge to attend or to participate in any of the activities. FBC Is a non-profit organization. Please check requested Parks: N /q Flagler Parks: ❑ City Hall Park ❑ #1 Memorial Park o #2 ❑ #3 ❑ #4 ❑ #5 ❑ #6 [Park 3 is location of Gazebo. Park 4 is location of Bandstand] (If other private property used in conjunction with this Park Use Permit please provide the address and parcel number below along with notarized letter of authorization from property owner) Additional Addresses, if applicable 310 sW 5th Avenue, Okeechobee, FL 34974 & block south of this address. Parcel ID: ROC: 3-15-37-35-0010-01800-0010 02; Rec Field:-01880-0040,-01880-0010, -01880-0070 &-01880-0110. Page 2 of 3 Revised 1114/16 TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (Street Closings require City Council approval. Meetings I'i & P Tuesdays but subject to change) Address of Event: Open field South of 310 SW 5th Avenue, Okeechobee, FL 34974 Street(s) to be closed: SW 4th ST between Sth & 6th Ave's & any part of Sth Ave as Police Dept deems necessary for safety. Date(s) to be closed: Tuesday, October 31, 2017 Time(s) to be closed: Approximately 3:00 PM to 9:00 PM Purpose of Closing: Pedestrian crossing from the ROC (parking & rest rooms) to the recreation field. Attachments Required for Use of Parks Attachments Required for Street/Sidewalk Clncinos ► Site Plan ► Site Plan ate q-Ct0kCet ► Copy of liability insurance in the amount of ► Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as $1,000,000.00 with the City of Okeechobee and R.E. ad<<ili(inal insured. Hamrick Testamentary Trust as Additional Insured.(5ud_6( Proof of non-profit status (IRS Determination ► Original signatures of all residents, property owners and Letter) business owners affected by the closing. ► State Food Service License if> 3 days. ► State Food Service License if> 3 days. ► Notarized letter of authorization from ► State Alcoholic Beverage License, if applicable." _property owner, if applicable.* %� Required it private property used in conjunction with a Park Use application. ** Alcoholic beverages can be served only on private property. Alcoholic beverages NOT ALLOWED in City Parks, City streets or City sidewalks. See additional note below. ❑ Please check if items will be sold on City streets/sidewalks. Each business will need to apply for a Temporary Use Permit 667 along with the Street Closing application. Note: ► Clean-up is required within 24 hours. ► No alcoholic beverages permitted on City property, streets or sidewalks. ► No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). ► The Department of Public Works will be responsible for delivering the appropriate barricades. ► Dumpsters and port-o-lets are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governmental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arises out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual costs incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cashier's check or advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant of this Park Use/Street Closing Permit. Page 3 of 3 Revised 11/4/16 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03-8 and 04-03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulations, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance Certificate of Insurance must name City of Okeechobee as Additional Insured as well as R.E. Hamrick Testamentary Trust if closing streets or sidewalks. dfaltd Aw Applicant Signature VCd r-IVO` Date ""OFFICE USE ONLY6006 Staff Review Fire Department: C, Date: Building Official: G Date: P Z f7 Public Works: Date: 10-3--12 Police Department: Alm,-/C � / Date: / � �•a BTR Department: Date: to 3 City Administrator: Date: City Clerk: Date: NOTE: APPLICATION AND INSURANCE CERTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT THIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on / 1, l 7 /17 Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date Imagery @2017 Googfe, Map data 02017 Google United States 100 ft F6C ode-ecoobe.e- Terr��ra; `� Sfreef efosii9 e Cr�1�n old So��h �' k'0.c 0,,g_ 6tL qfLt t4jj"C�j oiU) 06 5 ACORO CERTIFICATE OF LIABILITY INSURANCE L..r/ DATE(MMIODNYYY) 10/02/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TBzRY L. BROMii MLIRANCEAGEt CY 9VC CONTACT LISA MARTIN ft7 BOX 121246 CLEFWONT, FL 347121246 PHONE 352-243-1100 Fax AIC, No)' ADo ACISHI iAGE11NET t�Es3: @ INSURERS AFFORDING COVERAGE NAIC 6 INSURERA: GUI EO(EIv1 R AL W CO 15032 INSURED FFST BAPTIST CHURCH OF OKEECFiOSEE 401 S.W.4THST INSURER B : INSURERC: Okeechobee, FL 34974 wsURERD: INSURERE : INSURER F COVERAGES CERTIFICATE NUMRFR: DCVIcInN 1,111"ocn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMID LIMITS A COMMERCIAL GENERAL LIABILITY 1423-828 12/01/2016 12101/2017 EACH OCCURRENCE S 1,000.000 _ DAMAGE TOTiNTFED— PREMISES Ea occurrence 1 S ,000,000 CLAIMS -MADE F�l OCCUR MED EXP (Any one person) S 10,E PERSONAL & AOV INJURY S 1,000,000 AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 3,000,000 GE/NL V POLICY PRODUCTS - COMP/OPAGG S 3,000,000 JET LOC S OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO -� BODILY INJURY (Per person) S OVO4ED SCHEDULED BODILY INJURY (Per accident) S AUTOS ONLY L__J AUTOS HIRED IL—,JI NO"Wt,ED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per P.MTYt S S UMBRELLA LU1B OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS -MADE AGGREGATE S I I DED RETENTION S S WORKERS COMPENSATION PER OTH• AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNER/EXECUTIVE OFFICEPWIEMBER EXCLUDED7 N I A E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, describe under EL. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Nmore space Is required) Form 032026, Additional Insured - "Designated Person or Organization" is attached. Ii MI\ �.r G LLH t CITY OF OfIECHOBEE and RE HANRCK TESTAMENTARY TRUSI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 55 SE 3rd Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Okeechobee, FL 34974 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 91988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD NAMED INSURED: POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF OKEECHOBEE and R.E. HAMRICK TESTAMENTARY TRUST 55 SE 3rd Street Okeechobee, FL 34974 RE: FALL FESTIVAL OCT. 31, 2017 OCATION: 509 SW 4TH ST, Okeechobee, FL 34974 I mrormanon required to complete this Schedule if not shown above, will be shown in the Dec Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 2017 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# 718538 Apr 19, 2017 Entity Name: FIRST BAPTIST CHURCH OF OKEECHOBEE, INC. Secretary of State Current Principal Place of Business: CC3806523679 401 S.W. 4TH ST. ATTN: BEVERLY SHURLEY OKEECHOBEE, FL 34974-4240 Current Mailing Address: 401 S.W. 4TH ST. ATTN: BEVERLY SHURLEY OKEECHOBEE, FL 34974-4240 FEI Number: 59-0948707 Certificate of Status Desired: No Name and Address of Current Registered Agent: LEVINS, THOMAS C 8511 S.W. 2ND STREET OKEECHOBEE, FL 34974 US the above named entity submiis this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title TD Title SD Name TURBEVILLE, JOI C Name WHITE, ROBERT D Address 2198 N.E. 54TH TRAIL Address 1888 N.W. 3RD LANE City -State -Zip: OKEECHOBEE FL 34972 City -State -Zip: OKEECHOBEE FL 34972 Title PD Title VP Name LEVINS, THOMAS C Name GILLIS, TIM Address 8511 S.W. 2ND STREET Address 1910 N.E. 54TH TRAIL City -State -Zip: OKEECHOBEE FL 34974 City -State -Zip: OKEECHOBEE FL 34972 Title DIRECTOR Name CAVES,ROBERT Address 815 SE 9TH COURT City -State -Zip: OKEECHOBEE FL 34974 I hereby certify that the information indicated on this report or supplemental report Is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that lam an o!!reer or director at the corporalion or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Sratutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: ROBERT D WHITE SECRETARY 04/19/2017 Electronic Signature of Signing Officer/Director Detail Date Exhibit 4 Oct 17, 2017 CITY OY OKEECI-IOBE E (8&1 6A.->;7" FAX (M-3) 763- i686 AGENDA ITEM REQUEST FORM PLBA3-= SUBMIT w 23FLET3D X Z;•I Tc7 55 $E j^c A4BNGF Oy,BECHOBS, P-,n.=..r, A34974 SDDUSS",! -ELF--ICN=. 863- 'AA(27 I.�Y-S 'Ay: 863 - *g 7- D A %4 VIEEiI\ta: ZEGCLAR BP:CIA: Q FORR>F_CS C] :)iT2:— /? ---- ?Lk?5= c ?TE THE STETS �'OU �'TISFI 70 I�? t�" P: 4: E ON z C'.-Y C0' tiCi_ AG SS�lES C oNGE.�!i�uG_ A�L�1_ -/NS Ee _J ONE }L= MP WH_4TU:9AVE tYORRED �°:TFI' 15 ?LnASl STST-2DBAlXBD :1C:i0N 'Y HE CITY COUNCIL �N�OR-CE s�!�_ 1e ?L:.ASn €LJh34iARIYB PERTI\31`: �iOR1'SAT.JN CON.^.BP.VrSG :9Lb. &EQ .,2!'?CA.BLEDOCUMLMNTS:� 3 vE_P��r�rE�vr=s_ c•vT:o�.Eo _ &Mop E-/sgRi,(S TAT /�l/e-. /yGLvTElDEOG'A HAr j�.�565✓onJ �f I? y ?RL58�Tt1TIO:ti IS Tv ?: S'14U=, FLaiSe LI�IFS -_ HE .I^RE TO -'7GTzS C \L£SS OTHER«"--c= A?FR,CVBD 3? THS I.:A'?Or%. DAxZ— o2 7— / 7 SIGNED BY; — — _ f) Exhibit RESOLUTION NO.2017-10 Oct 17, 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA; RECOGNIZING FLORIDA CITY GOVERNMENT WEEK, OCTOBER 23-29, 2017, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, municipal government provides services and programs that enhance the quality of life for residents, making their city their home; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along he understanding of public services and their benefits; and WHEREAS, Florida City Government Week offers an important opportunity for elected official and city staff to spread the word to all citizens of Florida that they can shape and influence this branch of government; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach citizens about municipal government through a variety of activities. 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: That the City of Okeechobee encourages all citizens, city government officials, and employees to participate in events that recognize and celebrate Florida City Government Week. SECTION 2: That the City of Okeechobee encourages educational partnerships between city government and schools, as well as civic groups and other organizations. SECTION 3: That the City of Okeechobee supports and encourages all Florida city governments to actively promote and sponsor Florida City Government Week. SECTION 4: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed. SECTION 5: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or provision and such holding shall not affect the validity of the remaining portions or applications here. SECTION 6: Effective Date. This Resolution shall take effect immediately upon adoption. INTRODUCED AND ADOPTED in Regular Session this 17th day of October, 2017. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: Dowling R. Watford, Jr., Mayor John R. Cook, City Attorney RESOLUTION No. 2017-10 PAGE 1 OF 1 Exhibit 6 Oct 17, 2017 MEMORANDUM r r , TO: Mayor Watford, City Council, DATE: October 6, 2017 & Attorney Cook FROM: City Clerk Gamiotea SUBJECT: 10/17/17 Agenda, amend Smoking Policy, Chap 2-Personnel Policies & Procedures Upon review of the City's current No Smoking Policy, adopted in Chapter Two of the Personnel Policies and Procedures, the administrator and I met with Courtney Moyett, Community Health Advocate for the Quit Doc Foundation, and recommend the following amendment, which requires official action of the City Council. Current Policy Wording: No Smoking Policy There will be no smoking by employees of the City inside its public buildings as provided by the Florida Clean Indoor Air Act (Florida Statute 286.201). Recommended Amendment: Smoke -Free Policy A tobacco -free environment helps create a safe and healthy workplace and environment. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease, and cancer. The City supports the health of its citizens, and reinforces our commitment to preserving and improving the health and comfort of our employees and visitors. Effective November 1, 2017, the City will be a smoke -free environment except in approved designated areas. For these purposes, smoking products are defined as cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nicotine delivery systems (ENDS) such as vapor and electronic cigarettes. The use of the products as listed above are prohibited in any building or on the grounds except in designated areas. This includes all indoors and outdoors areas that are City owned or leased facilities, including but not limited to, all buildings and facilities, outdoor areas, porches, covered walkways, common areas, parking lots, and City owned or leased vehicles. Respectively, there is a 50-foot distance from entrance/exit of City buildings or facilities where smoking, products are limited from use. This Smoke -Free initiative applies to all persons present in the areas described above including but not limited to City elected officials, employees (whether full-time, part-time, temporary and/or volunteer), contractors, and visitors. Smoking use shall be permitted only in exterior designated smoking areas. All materials used for smoking in designated smoking areas, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers. Employees are only allowed to smoke on their rest and meal breaks. Employees may not take or be allowed any additional breaks to use any tobacco product. Direct any question, complaint, or dispute about tobacco use in the workplace to the Personnel Administrator. Employees who want to quit tobacco are encouraged to use Tobacco Free Florida's Quit Your Way, a set of free services to help tobacco users quit, is provided on the employee bulletin boards. Mrs. Moyett advised that her organization can provide signage, free of charge, for the City to post at all facilities (attached are two samples she provided, the verbiage would change based on the type of policy adopted, "tobacco free" or "smoke free"). No Smoking - No Dipping - No Vaping For Your Health Tobacco Free Partnership, THE CITY OF STUART IS TOBACCO FREE � • 1 P, Exhibit 7 Oct 17, 2017 Local Option Gas Tax INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT dated thiso day of September, 2017, ("Agreement") between Okeechobee County, Florida, political subdivision of the State of Florida ("County") and the City of Okeechobee, Florida, a municipal corporation of the State of Florida and located in the County (`.City' ). WHEREAS, Section 336.025, Florida Statutes, as amended and supplemented authorizes the levy by the County of up to six (6) cents of taxes upon every gallon of motor fuel and special fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, as amended and supplemented ("Local Option Gas Tax"); and WHEREAS, Section 336.021, Florida Statutes, as amended and supplemented authorizes the levy by the County a one (1) cent of local option gas tax upon every gallon of motor fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, as amended and supplemented ("Ninth" Cent Local Option Gas Tax"); and WHEREAS, Section 336.025(1)(b), Florida Statutes, as amended and supplemented authorizes the levy by the County up to five (5) cents of local option gas tax upon every gallon of motor fuel sold in the County and taxed under the provisions of Chapter 206, Florida Statutes, as amended and supplemented ("Five (5) Cent Local Option Gas Tax"); and WHEREAS Okeechobee County Ordinance No. 2017-0002, was enacted July 24, 2017, extending until December 31, 2027 the levy all twelve (12) cents of the Local Option Gas Tax previously imposed; and WHEREAS, Section 336.025(1)(b)2., Florida Statutes, authorizes the establishment and renewal of an Interlocal Agreement between the County and the City to divide the proceeds of local option gas taxes between the County and the City; and WHEREAS, The County and City entered into Interlocal Agreements to address the distribution of the other local option gas taxes with the current agreement expiring on December 31, 2017; and WHEREAS, The County and City wish to enter into a renewal Interlocal Agreement for all twelve (12) cents of the local option gas taxes. NOW THEREFORE, in consideration of the mutual rights and responsibilities contained herein, the County and the City agree as follows. 1. That effective for revenue received January 1, 2018 and expiring December 31, 2027, the proceeds of the 4-cent Local Option Gas Tax shall be distributed be as follows: Recipient Share of Proceeds City of Okeechobee 19.34% County of Okeechobee 80.66% 7029-321917. WPD El Local Option Gas Tar 2. That effective for revenue received January 1, 2018 and expiring December 31, 2027, the proceeds of the 2-cent Local Option Gas Tax shall be distributed be as follows: Recipient Share of Proceeds City of Okeechobee 19.34% County of Okeechobee 80.66% 3. That effective for revenue received January 1, 2018 and expiring December 31, 2027, the proceeds of the Ninth -cent Local Option Gas Tax shall be distributed be as follows: Recipient Share of Proceeds City of Okeechobee 19.34% County of Okeechobee 80.66% 4. That effective for revenue received January 1, 2018 and expiring December 31, 2027, the proceeds of the 5-cent Local Option Gas Tax shall be distributed be as follows: eci lent Share of Proceeds City of Okeechobee 19.34% County of Okeechobee 80.66% 5. That pursuant to section 336.025(1)(d), Florida Statutes, by the use of a percentage distribution rather than a fixed sum distribution, this Agreement is deemed to automatically adjust on a yearly basis. 6. This Agreement is effective upon adoption byboth the County and City and shall expire upon receipt and disbursement of the December 31, 2027 gas tax revenue unless amended as provided herein. 7. That both the County and City hereby waive any claim or cause of action that may have accrued by virtue of any overpayment, underpayment or entitlement to motor fuel tax sharing and agree that the distribution percentages provided for herein are reasonable and in the best interest of the residents ofthe City and County. 8. That the County shall notify the Florida Department of Revenue ofthis Interlocal Agreement as provided in Chapter 336, Florida Statutes and shall hold such public hearings as may be necessary to ensure this Agreement is consistent with existing county ordinances and resolutions. 9. The Agreement may be amended at any time by written instrument duly adopted and executed by both the County and City. This Agreement may be terminated provided written notice is provide to the non -terminating party no later than the first day of May of any give year to be effective the first day of January of the following year. 10. This agreement may be executed in any number of counter parts, each of which shall 7029-321917.WPD Page 2 of 3 4 Local Option Gas Tax constitute an original, altogether one and the same instrument. IN WITNESS WHEREOF, the County and the City have caused this Agreement to be executed on the day and date first above written. ATTEST: SHARON ROBERTSON, Clerk of Circuit Court and Comptroller ATTEST: BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA BY: TERI;Q�W. BURRO OHS, Chairman CITY OF OKEECHOBEE, FLORIDA LANE GAMIOTEA, BY: DOWLING WATFORD, Mayor CMC, City Clerk Approved as to form and Approved as to form and Legal Sufficiency Legal Sufficiency City Attorney C my Attorney 9 L7 i7 7029-321917.WPD Page 3 of 3 CITY OF OKEECHOBEE, PUBLIC WORKS Exhibit 8 Oct 17, 2017 To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 10/5/2017 Re: Hustler Super Z Hyperdrive Zero Turn Mower Purchase Per the attached quotes, Public works would like to proceed with the purchase of a Hustler Super Z Hyperdrive Zero Turn Mower for $12,150.00 from Gilbert Outdoors here in Okeechobee. I visited local dealers and reviewed the product literature for several different brands of mowers. In selecting this mower. there were three factors that became the basis for my decision: 1. Locally available parts. I wanted to be able to purchase a mower that had a local dealer which will simplify future maintenance because there will be a local source for parts for the mower. 2. Performance. We anticipate using this mower to mow large open ROW areas. Given the larger areas that will be mowed, I wanted to select a mower with a 72" deck and good forward speed to increase productivity. 3. While I was reviewing the product literature I learned that some manufacturers offered a rear discharge deck option. Public Works often mow areas that are located between the edge of payment and private property. With a normal side discharge mower, the clippings would be blown either into the street or onto private property. By purchasing a rear discharge deck mower, we can greatly reduce the amount of clippings that are blown into the adjacent areas. The mower selected meets all the above criteria. I am recommending the purchasing the mower from Gilbert Outdoors here in Okeechobee. I did receive one quote from a dealer in the West Palm Beach area that was $114.79 dollars (1%) lower than the price from Gilbert, however to simply any future warrantee work if needed I would prefer to deal with a local vendor. The price from the local dealer does meet the criterial for the City's local vender preference policy Thank you, David Allen Hustler Mower Quotes Gilbert Outdoors $12,150.00 Southern Lawn Equipment $12,035.21 Mat Miller Tractors $13,074.00 Treasure Coast Lawn Equipment $13,100.00 oz Z i� ice J3 � Lul > HOUR LIMIT OR 5Q1 Soo > HOUR SUPER Z HYPERBRIVE INDUSTRY -EXCLUSIVE HVPERDRIVE"SYSTEM AND VX40 BECK TECHNOLOGY DELIVER UNRIVALED PERFORMANCE HIGHLIGHTS 60", 66" or 72" VX4° deck — clean cut, excellent performance in all conditions Heavy-duty fabricated frame — unmatched durability Exclusive SmoothTrakTM steering — responsive, precise control Patented automatic parking brake HyperDrive® 6-year/3000-hour pump and motor warranty Six -way adjustable premium Grammer suspension seat with smooth ride isolator — all day comfort 16 mph top speed PUMPS AND MOTORS CUTTING WIDTHS SPEED (FORWARD) Side -discharge: 60", 66" & 72" 16 mph Rear -discharge: 60" & 72" ENGINE CONFIGURATIONS FUEL CAPACITY Vanguard: 36hp BIG BLOCK' 12 US gallons 37hp BIG BLOCK' EFI DECK HEIGHT FRONT TIRES Foot -operated: 1" to 5.5" (1/4" increments) 13" x 6.5" DRIVE SYSTEM DRIVE TIRES HyperDrive industrial Danfoss slipper piston pumps, 26" x 12" Parker TG high torque wheel motors, 3 gal. reservoir, oil cooler w/ 9" fan & hot oil shuttle. ENGINE Manufacturer Vanguard HP 60", 72" deck: 36HP* - BIG BLOCK'" 60", 66", 72" deck: 37HP* - BIG BLOCK" EFI * Per SAE J1995 Displacement 993cc Cooling Air cooled Air Cleaner Heavy duty canister Engine Warrantv 5 year (Vanguard only) DRIVE SYSTEM Type Dual hydrostatic Pumps Danfoss DDC-20 Wheel Motors Parker TG280 Hydraulic lines Stainless steel Parker seal loc technology Hydraulic Cooling Oil cooler with 9" fan Reservoir capacity 3 gallons Speed 16 mph Parking Brakes Patented automatic DECKS Cutting Width Side discharge: 60", 66", 72" Rear discharge: 60", 72" Cutting Heights 1"-5.5" Deck Lift Foot operated Depth 5.5" Blades 3 Blade Length 60" deck: 3.20.5" x 3.0" x .25" 66" deck: 3 - 22.5" x 3.0" x .25" 72" deck: 3 - 24.5" x 3.0" x .25" Spindles Ductile cast iron with steel shafts and sealed ball bearings Deck Belts 1 Drive Electric PTO clutch Construction 11 ga.+ 11 ga.+ 7 ga. welded steel Spindle Mounts Reinforced 11 ga. doubler+7 ga. tripler, steel Impact/Trim Areas 1.5" x .375" steel bar protector CONSTRUCTION Frame 1.5" x 3.0" x .187" steel Front Caster Wheels Mounted with sealed ball bearings Front Caster Forks Fabricated 1 /2" steel GENERAL Seat Grammer suspension seat with isolator Fuel Capacity 12 gallons Cup Holder Yes Front llrc 12i6.E,-6. Drive Tire 26 x 12 -12 DIMENSIONS Weight 60":1745lbs 66":1775lbs 72": 1805 Ibs Height w/ rops up 71.5" Height w/ rops Folded 54" Length 60" deck: 84.5" 66" deck: 85.6" 72" deck: 86.7" Width w/ chute up 60" deck: 66" 66" deck: 72" 72" deck: 78" Tire Width 60" deck: 57" 66" deck: 60" 72" deck: 60" PRODUCTIVITY* Acres Per Hour 60": 7.76 66": 8.54 72": 9.31 OPTIONAL 3-bag grass catcher (12 bushels) ACCESSORIES BacVac grass catcher (10 bushels) Mulch kit LED lights Semi pneumatic front tires FlexForks Steering extension kit Sand kit Deck rear anti -scalp wheels Deck stripe kit Electric deck Lift Flasher kit Beacon kit High vacuum deck kit * Number based on 00% efficiency. This rating is to account for actual mowing conditions including overlapping, turning and terrain. SOLD TO SOLD Box 848 315 S. Parrott Ave. Okeechobee, FL 34974 ra-79 .(86-33.1 . qJZ473.4 Fax (863) 763-2369 www.GilbertOutdoors.com . DATE 9- ar --SHIPPED TO :D-ESCRIPTIO-N-�`.-' E AMOUNT T7�-V 1 42, 6(jo ek, MCNWRR� HULSIC (190613) YAMAHA Q U O T A T I O N SOUTHERN LAWN EQUIPMENT 8333 SOUTHERN BOULEVARD WEST PALM BEACH, FL 33411 Phone #: (561)753-5296 Fax #: (561)753-5220 BILL TO 19039 CITY OF OKEECHOBEE PHONE#: (561)420-2053 CELL #: ALT. #: P.O.#: TERMS: Net 10th EOM SALES TYPE: Quote DATE: 9/25/2017 ORDER #: 217397 CUSTOMER #: 19039 CP: Dave LOCATION: 1 STATUS: Active SFIIP TO CITY OF OKEECHOBEE PAGE: 1 MFR PRODUCT NUMBER DESCRIPTION'` OTY NET TOTAL EXC 934975 HUSTLER 72" HYPER DRIVE REAR DISCHARGE 37 EFI 1 $12,035.21 $12,035.21 DELIVER? DELIVERY ONE-WAY 1 $0.00 $0.00 Prices reflected on this quote are valid for 30 days. SUBTOTAL: $12,035.21 TAX: $0.00 ORDER TOTAL: $12,035.21 Authorized By: QUOTE: Date: 9-25-17 Marne: City of Okeechobee Email:dallen@cityofokeechobee.com HUSTLER SUPER Z 72" RD EFI ENGINE 37 HP MODEL:934976 MSRP:$162951 PROMO:$142849 FLEX FORK KIT 603167 $269 DISCOUNT: $12475 TOTAL: $132643 TAX (0.07%): DELIVERY: GRAND TOTAL: 7261 W SR 80 LABELLE FL 33935 P:239-693-0305 F:239-728-2480 0FFIIEE@C0M-AG.US - QUOTE ONLY VALID FOR 30 DAYS Q U O T A T I O N Treasure Coast Lawn Equipment - #2 1802 BAYSHORE BLVD PORT SAINT LUCIE, FL 34984 Phone #: (772)878-1211 Fax #: (772)878-1512 BILL TO 114989 CITY OF OKEECHOBE 55 SE THIRD AVENUE OKKECHOBEE, FL 34974 PHONE #: (863)763-3372 CELL #: ALT. #: P.O.#: TERMS: Net 10th EOM SALES TYPE: Quote DATE: 9/25/2017 ORDER #: 104303 CUSTOMER #: 114989 CP: DAVID LOCATION: 1 STATUS: Active SHIP. TO CITY OF OKEECHOBE 55 SE THIRD AVENUE OKKECHOBEE, FL 34974 PAGE: 1 MFR PRODUCT NUMBER DESCRIPTION QTY PRICE NET TOTAL_ Hi crgaa950 72" SUPER Z HYPER 37HP KOH EFI 1 $14,299.00 $13,100.00 $13.100.00 Prices reflected on this quote are valid for 30 days. There are absolutely no returns on electrical parts! No Exceptions! There are absolutely no returns on Special Order Parts! No Exceptions! Check Out Our Website WWW. TREASURECOASTLAWN. NET SUBTOTAL: $13,100.00 TAX: $0.00 ORDER TOTAL: $13,100.00 Authorized By: October 3, 2017 U r•� Re: ch. 10 code of ordinances I have been reviewing our animal control ordinance, in comparison with other nearby municipalities, and am looking for direction on amending our ordinance in some respects, or not taking any action at all. The most common complaint would be the number of animals permitted, and noise complaints. Our code currently only restricts residential uses to three "animals" per residence; most other ordinances differentiate animals into domestic, i.e. dogs, cats, birds etc. and farm animals, i.e. horse, goat, swine, cattle, fowl, etc. Also, our ordinance permits excessive barking, howling or other noise for a 20 minute period anytime day or night. I have looked at animal control in Belle Glade, which has even less animal control than we do; the Port St. Lucie ordinance, which prohibits all farm animals unless in an agricultural district, and prohibits animal noise from 11 pm to 6 am, or otherwise for a five minute period any time of day or night. and the City of Sebring ordinance, which I have attached for your review. The Sebring ordinance would impose the domestic vs. farm animal definitions; permit certain chicken or fowl uses, excluding roosters, in residential areas; allow greater use in larger acreage parcels; would allow exceptions for keeping and showing farm animals for certain time periods, such as FFA or 4H programs, circus or fairs, and also provides for public nuisance penalties. It seems our most numerous complaints are an excess number of animals, such as chickens or dogs. Any ordinance we enacted could limit those numbers, as keeping large numbers of animals, including kennels for hunting dogs, in residentially zoned areas, are by far the biggest headache. As we know, it makes no sense to enact restrictions by ordinance if we do not intend to enforce them, and although the county handles animals at large for us, our code office would have to issue citations for these other restrictions, which has proven difficult in the past. I would propose adding this item to the October 17 meeting for discussion, and direction from the council. JCook City Attorney V11aFL01 `t - t11V11V1t J,0 I k..vuc ul %J1u111dI1CCJ I Jeoring, rL I mun1com Limary Yage i of 6 Code of Ordinances q Sebring, Florida - Code of Ordinances i PART II - CODE OF ORDINANCES i Chapter 4 - ANIMALS Sebring, FL Code of Ordinances CODE OF ORDINANCES CITY OF SEBRING, FLORIDA modified SUPPLEMENT HISTORY TABLE modified r PART I - CHARTER AND RELATED LAWS CHARTER COMPARATIVE TABLE LAWS OF FLORIDA r CHARTER COMPARATIVE TABLE ORDINANCES RELATED LAWS COMPARATIVE TABLE LAWS OF FLORIDA r PART II - CODE OF ORDINANCES r Chapter 1 - GENERAL PROVISIONS r Chapter 2 - ADMINISTRATION r Chapter 3 - ALCOHOLIC BEVERAGES I►' Chapter 4 - ANIMALS r ARTICLE I. - IN GENERAL fr ARTICLE II. - PERMITTED ANIMALS r Chapter 5 - BUILDINGS AND CONSTRUCTION REGULATIONS r Chapter 6 - BUSINESSES r Chapter 7 - CEMETERIES r Chapter 8 - COMMUNITY DEVELOPMENT r Chapter 9 - ENVIRONMENT < Prev Hit Next Hit> https://Iibrary.municode.com/fl/sebring/codes/code_of ordinances?nodeId=PTIICOOR C... 10/3/2017 Lnapter 4 - ANIMALS I Lode of Urdrnances I Sebring, PL I Municode Library Page 2 of 6 Code Of O` ChapCter 10 - FIRE PROTECTION AND PREVENTION Q r Chapter 10.5 - FLOODPLAIN MANAGEMENT r Chapter 11 - HISTORIC PRESERVATION r Chapter 12 - MANUFACTURED HOMES AND TRAILERS r Chapter 13 - NATURAL RESOURCES r Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS r Chapter 16 - PLANNING r Chapter 17 - SIGNS r Chapter 18 - SOLID WASTE r Chapter 19 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES r Chapter 20 - SUBDIVISIONS r Chapter 21 -TAXATION r Chapter 22 - TRAFFIC AND VEHICLES r Chapter 23 - UTILITIES r Chapter 24 - VEGETATION r Chapter 25 - WATERWAYS fr Chapter 26 - ZONING CODE COMPARATIVE TABLE 1981 CODE CODE COMPARATIVE TABLE LAWS OF FLORIDA CODE COMPARATIVE TABLE ORDINANCES modified STATE LAW REFERENCE TABLE modified < Sec. 3-4. - Hours of sale. Chapter 5 - BUILDINGS AND CONSTRUCTION REGULATIONS > < Prev Hit Next Hit > https://library.municode.com/fl/sebrinia/codes/code of ordinances?nodeld=PTIIC00R C... 10/3/2017 N t-napter 4 - ANIMALN I code of Urdinances I Sebring, FL I Municode Library Page 3 of 6 .� •.fi.'fd .'= ' ARTICLE I. - IN GENERAL Sec. 4-1. - Keeping prohibited generally; exceptions. modified • It is unlawful for any person to keep or maintain any animals, livestock or poultry of any kind within the city, except: (1) Dogs, cats or other ordinary household pets, provided they are not kept, bred or maintained for any commercial purpose, except in a commercially zoned district, and provided further that they do not become a nuisance; (2) Up to two caged female chickens (hens) and up to two other domesticated fowl on any residentially zoned parcel of real property so long as the keeping or maintenance does not create a nuisance. Roosters are prohibited on residentially zoned real property; (3) Pot-bellied pigs, provided they are not kept, bred or maintained for any commercial purpose, except in a commercially zoned district, subject to the following additional restrictions: a. A maximum of two pot-bellied pigs are permissible per residence; b. All pot-bellied pigs four weeks of age or older shall be spayed or neutered; C. The owner shall display, upon request from the code enforcement officer or any law enforcement officer, a current certification from a veterinarian licensed in the state that all necessary and appropriate vaccinations have been administered and that the pot-bellied pig has been tested and demonstrated free of parasitic disease. Such certification must be obtained by owner on a yearly basis; and d. The keeping or maintaining of pot-bellied pigs does not create a nuisance. (4) Exhibitions of animals, livestock or poultry on a temporary basis not to exceed 14 days, where the exhibition is held on non -residentially zoned real property, so long as the keeping or maintenance does not constitute a nuisance. Examples include the county fair or any circus or similar show, but do not include keeping or maintenance any non -permitted anima/on residentially zoned real property in anticipation of such an �t and Next Hit > https://Iibrary.municode.com/fl/sebring/codes/code of ordinances?nodeId=PTIICOOR C... 10/3/2017 Unapter 4 - ANIMAL) I Code of Urdinances I Sebring, FL I Municode library Page 4 of 6 Code 0�)orga oC1C2S rcial business, such as a pet store or business licensed by thg_ Q department of agriculture for the sale of animal supplies, so long as the keeping or maintenance of such animals does not constitute a nuisance. (Ord. No. 1333, § 1, 4-17-2012; Ord. No. 1392, § 1, 8-18-2015) Sec. 4-2. - Large parcels of residentially zoned real property. Where a residentially zoned parcel of real property exceeds five acres in size, provided that the following are not kept, bred or maintained for commercial purpose: (1) Livestock are permitted with a limit of two hooved an/malsfor every five acres of property, subject to a total maximum of 75 hooved an/ma/s and (2) Up to two females chickens are permitted per acre, subject to a total maximum of 50 such chickens. (Ord. No. 1333, § 1, 4-17-2012) Secs. 4-3-4-30. - Reserved. ARTICLE II. - PERMITTED ANIMALS Sec. 4-31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: At large means permitted animals off of the premises of its owner or the person responsible for it and not restrained by a leash or other appropriate restraining device. Livestockshall be defined as domestic hooved animals including horses, mules, donkeys, cattle, sheep, goats, Iambs, female chickens (hens), and swine, other than pot-bellied pigs. Roosters are not livestock. Perm/ttedanima/sshall be defined as dogs, cats, pot-bellied pigs, ordinary household pets and female chickens (hens) only where maintained in a cage. Permitted animals shall also include livestock where located on lar a parcels. of real groperty as set forth in section 4-2. < l ev Hit Next Hit > httns://librarv.municode.com/fl/sebring/codes/code of nrdinance-,?nndeJd=PTTTC'00R C 10/10017 iiapLer + - tiiviiv AL3 I �-oae or urainances 16ebring, PL I Mumcocte Library Page 5 of 6 Code o` ��r� "r eS all be defined as Vietnamese, Oriental, or Chinese pot-bellieLpigs..T The term shall not include other types of swine or other members of the species of Sus Scrofa. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-32. - Compliance required. It shall be unlawful for any person to own, keep, maintain or harbor any permitted anima/ within the corporate limits of the city without complying with the regulations and restrictions set forth in this article. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-33. - Authority to require muzzling of permitted animals The chief of police or such other person as is authorized by the city council may require the muzzling of any permitted animaiat any time if such permitted animaiis of a vicious or dangerous nature, or when an emergency or necessity exists. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-34. - Prohibited conduct. It shall be unlawful for the owner or person responsible for a permitted animaito allow the permitted animaito be at large. The owner or person responsible for a permitted anima/ shall promptly clean up all waste deposited by the animaion public property. Any person who violates this section or fails to comply with any of its requirements shall be subject to a fine not exceeding $250.00 per violation and may be subject to a citation pursuant to section 2-429• (Ord. No. 1333, § 1, 4-17-2012; Ord. No. 1387, § 1, 3-3-2015) Editor's note— Section 1 of Ord. No. 1387, adopted March 3, 2015, changed the title of § 4-34 from "Prohibited at large" to read as herein set out. Sec. 4-35. - Inoculation of dogs. It shall be mandatory for any person who owns, keeps, maintains or harbors any dog within the corporate limits of the city to have such dog properly inoculated against rabies. Such inoculation must be done by some person licensed to practice veterinary medicine in the < Prev Hit Next Hit > https:Hlibrary.municode.com/fl/sebring/codes/code_of ordinances?nodeld=PTIICOOR C... 10/3/2017 unapter 4 - AINIMtiL-i I uoae of Urarnances I Sebring, PL I Municocle Library Page 6 of 6 COR98f6r iRiA er8ritirabic inoculation. All dogs shall be inoculated at least once gach year, or as often as necessary to be effective, or as may be determined as necessary by the state department of health. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-36. - Protection of meter readers from permitted animals. Persons keeping permitted anima/son their property inside a fenced area shall be required to keep such permitted animals safely penned or tied while meter readers of the city are on such property to read meters. If such persons fail to keep the premises safe for meter readers, after reasonable notice, they shall be required to change the location of their service entrances and meters to an easily accessible and safe place on their property. Should such persons fail to comply with this section, their utility service may be discontinued. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-37. - Homeowner association covenants. Nothing herein preempts any homeowner association, condominium association or cooperative rules or covenants that are more restrictive than chapter 4 of the Sebring Code. (Ord. No. 1333, § 1, 4-17-2012) Sec. 4-38. - Nuisance. No person shall keep, maintain, or permit, either willfully or through failure to control, on any lot, parcel of land, or premises under his contro/any animal to act as or become a nuisance as defined in chapter 9 of the Sebring Code. (Ord. No. 1333, § 1, 4-17-2012) < Sec. 3-4. - Hours of sale. Chapter 5 - BUILDINGS AND CONSTRUCTION REGULATIONS > < Prev Hit Next Hit> htti)sJ/library.municode.com/fl/sebrinia/codes/code of ordinances?nodeld=PTI1C00R C___ 10/3/2017 10-0 -/1 Aqinh T4tM F MEMORANDUM Aj�� TO: Mayor Watford & Council Members DATE: October 17, 2017 FROM: City Administrator MontesDeOca SUBJECT: 10/17/17 Agenda Addition New & City Clerk Gamiotea Business Item I, Nov -Jan Meetings Due to the holidays, staff is recommending the City Council consider changes to the meeting dates for November and only conducting one meeting in December and January. Please consider a motion to change the November regular meetings to be held on the 14th and 28th, and cancel the December 5, 2017 and January 2, 2018 regular meetings. Additionally, the City Council may wish to discuss changing the time of the November 28, 2017 meeting, as it is the same evening as the annual tree lighting. A N�tof OPEN TO THE PUBLIC October 25, 2017 Reception:6:30pm Vigil:7:00pm Okeechobee County Civic Center 1750 Hwy 98 North Sponsored By: Okeechobee County Sherriff's Office eechobee Substance Abuse Coalition For More Information Contact: Connie Curry 863-763-3117 Daniel Rickards 863-697-1993 KEEcHoBEE NEws Vol. 108 No. 126 Friday, October 20, 2017 500 plus tax Food bank helps Dike in good condition, says corps Okeechobee ... Page 2 By Katrina Elsken Okeechobee News EAA reservoir meeting set ... Page 7 11 Angry Men coming to OCT stage ... Page 8 Brahmans face Eau Gallie ... Page 14 Lake Levels 17.10 feet Last Year: 15.87 feet Span ored By: PoQeti�w s`Fariffy [Haut 59 S. Parrott Ave. 763-7222 Source: South Florida Water Management District. Depth given in feet above sea level F97,,11 =Facebook, See page 4 for information about how to contact this newspaper. okeechoheenews.net FreeSeaeeh Froa Aes 8 IIII6510 II IIIII02 IIII 5 U.S. Army Corps of Engineers Deputy Chief South Florida Operations Carl Wit - Hams (left), and Dam Safety Program Manager Almur Whitting IV participated in a media briefing on the Herbert Hoover Dike near John Stretch Memorial Park on Oct. 19. They pointed out the emergency materials pre -positioned around the dike in case repairs should be necessary, Including granite "riprap" stones, he sand and bedding stone. City meeting busy City extends moratorium on medical marijuana, amends no smoking policy By Matteo Tullio Okeechobee News The Oct. 17 Okeechobee City Council meeting began with Mayor Dowling R. Wat- ford Jr. presenting a Five -Year Longevity Service Award to Cody Rodriguez, a public works maintenance operator for the City of Okeechobee, and City Administrator Mar- cos Mantes De Oca present- ing the Okeechobee City Police Department (OCPD) with two Protech ballistic shields donated by the Palm The dike surrounding Lake Okeechobee is in good condition, according to information present- ed during a media briefing Thursday morning on the Herbert Hoover Dike at John Stretch Memo- nal Park. Barring a late -season hurricane, the dike should hold. With Lake Okeechobee at 17 feet (above sea level), the U.S. Army Corps of Engineers (USACE) is conducting daily safety checks on the southern por- tion of the dike between Port Mayaca and Moore Haven, and weekly checks on the northern portion. The southern portion is most at risk of breach, according to the corps, because land elevations are lower there. Dam Safety Manager Almur Whiting IV ex- plained that the 143-mile earthen dam has natu- ral seepage that increases when the water level is higher. Before 1926, the lake had a dike on its south end and a smaller muck dike on the north end, but the water could still spread out east and west. After See DIKE — Page 5 Beach County Sheriff's Office g (PBSO). I In an open public hear- I ing for ordinance adoption, Ordinance No. 1160 was ap- proved — which extended the moratorium on medical marijuana businesses for an additional 180 days. In business actions at the Tuesday meeting: • The council listened to a brief overview of eecho ee News Matteo WHO Okeechobee Healthy Start The Okeechobee City Police Department (OCPD) was presented with Coalition given by Jayce Tur- two Protech ballistic shields, courtesy of the Palm Beach County Sher- geon, the community liaison iff's Office (PBSO). Left to right are: Lieutenant Justin Bernet, City Ad- inistrator Marcos Mantes De Oca and Major Donnie Hagan. See CITY — Page 5 7 October 20, 2017 )keechobee News 5 DIKE Continued From Pagel the state -built dike failed in the hurricanes of 1926 and 1928, resulting in the loss of thousands of lives, the federal government became involved and build the current dike, which completely encircles the lake. The River and Harbor Act of 1930 authorized the construction of 67.8 miles of levee along the south shore of the lake and 15.7 miles along the north shore. The USACE constructed the levees between 1932 and 1938. A major hurricane in 1947 prompted the need for additional flood and storm damage reduc- tion work. As a result, Congress passed the Flood Control Act of 1948, authorizing the first phase of the Central and South Florida (C&SF) Project, a comprehensive plan to provide flood and storm damage reduction and other water control benefits in Central and South Florida. The new dike system was completed in the late 1960s and named the Herbert Hoover Dike. The dike was built from available materi- als, said Mr. Whiting. He said the 143-mile earthen dam that encircles the big lake was made of sand, rock, limestone, clay and Continued From Page 1 for the coalition, in which it was explained that Healthy Start is a statewide risk -based program that covers all 67 counties. The mission of Healthy Start is to establish a sys- tem which guarantees that all women have access to prenatal care and that all infants have access to services that promote normal growth and development. The primary goal of the coalition is threefold: reducing infant deaths, reducing the number of low birth weight babies, and improving health and development outcomes. Some of Healthy Start's services include: childbirth educa- tion, parenting education and support, psy- chosocial counseling, tobacco education/ cessation counseling, breastfeeding educa- tion and support, car seat education and safety. Currently Healthy Start is conducting -a diaper drive titled "Cover that pumpkin" from Oct. 13 to 31. Dropoff locations for donations are: Okeechobee Healthy Start, 1132 S. Parrott Ave.; Okeechobee City Police Department, 50 S.E. Second Ave.; Tin Fish Okeechobee, 301 N. Parrott Ave.; and Lillies & Lace Boutique, 205 S.W. Park St. • The council approved a temporary street closing application that was submitted by First Baptist Church. S.W. Fourth Street between S.W. Fifth Avenue and S.W. Sixth Avenue will be closed from 3 p.m. to 9 p.m. on Oct. 31, 2017, for a Fall Family Festival. • Bud Neeseof QualityA/C of Okeechobee expressed his concerns to the council about air conditioning permits regarding inspec- tions and possible unlicensed activity occur- ring in the city limits. His desired actions for the council was the enforcement of state and county codes, to include providing notice to property owners regarding possible fines for installing air conditioning improvements without a permit. The council discussed in great length possible future solutions for the issues presented by Mr. Neese. "If we were building a dike today, we would not use those materials," he said. In addition, as the Rim Canal was dug, the materials were stacked up to form the dike with very little compacting. The mix of materials and the lack of compacting means, the dike is at risk for water to seep through the earthen berm. That's why the corps reg- ularly inspects the "land side" of the dike for signs of seepage. • Condition one is saturated soil. • Condition two is saturated soil with ponded water. • Condition three is clear water flowing through the dike. • Condition four is water flowing through the dike carrying soil with it, eroding the dike itself. Before Hurricane Irma hit Florida, the lake was at 13.7 feet. In about 30 days, the lake rose 3.5 ft. to peak at 17.2 ft. On Thurs- day, the lake level was 17.1 ft. Since Hurricane Irma, the corps has re- ported and monitored some seepage at con- ditions one, two and three. In some cases, clear flow seepage can help relieve the wa- ter pressure; such seepages are monitored to make sure the flow rate does not increase and that the flow is not carrying soil with it. The corps has also positioned stock- piles of sand and rock at strategic locatioqs • A motion to adopt Resolution No. 2017-10, recognizing Florida City Govern- ment Week during the time frame of Oct. 23 to 29, was approved. During this time the City of Okeechobee encourages all citizens, city government officials, and employees to participate in events that recognize and cel- ebrate Florida City Government Week. Also, the City of Okeechobee encourages educa- tional partnerships between government and schools, civic groups and other organi- zations. The resolution stated that the City of Okeechobee will also support and encour- age all Florida city governments to actively promote and sponsor Florida City Govern- ment Week. • The council approved an amendment to the No Smoking Policy. Effective Nov. 1, 2017, the city will be a smoke -free environ- ment except in approved designated areas. Smoking products were defined, for purpos- es of the amendment, as products such as: cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nico- tine delivery systems (ENDS) such as vapor and electronic cigarettes. • A motion to rescind an Interlocal Agree- ment with the Okeechobee Board of County Commissioners regarding local option gas tax revenues for a revised agreement ad- dressing the revenue proceeds of the 2-1 4- 5- and 9-cent local option gas taxes from, Jan. 1, 2018 through Dec. 31, 2027, was ap- proved by the city council. • Public Works Director David Allen presented the council with a request to ap- prove the purchase of a Hustler Super Z Hy- perdrive Zero Turn Mower for the amount of $12,500, from Gilbert Outdoors, located here in Okeechobee. • Due to holidays, a motion was ap- proved to change the November regular meeting dates to now be Nov. 14 and Nov. 28, and to change the time of the Nov. 28 meeting because it is on the same evening as the annual tree lighting. The council also canceled the Dec. 5 and Jan. 2, 2018, meet- ings as part of the approved motion. 10 around the dike in case emergency repairs are required. The corps is currently releasing as much water as feasible to the east and west with- out causing flooding downstream; the flow is sometimes restricted due to high tides or local basin runoff. With the lake already at 17 ft., the con- cern is that a late -season storm could push the lake even higher, increasing the risk of a dike breach. "Irma dumped enough precipitation to take the lake up three and a half feet in a month," said John Campbell, corps public affairs specialist. Any tropical system can dump enough rain to cause concern." "Historically, we have seen problems when the lake has been above 17.5 feet or 18 feet," he said. "The higher the lake rises, the bigger the risk." Mr. Whiling said the lake level rises slowly and, should there be a problem, they would address it with a flood warning. He said the daily inspections should pro- vide the information to be able to warn resi- dents should there be a flooding risk. Should that happen, a flood warning would be sent out through the National Weather Service. For the past 10 years, the corps has been working on rehabilitation of the dike, said Mr. Campbell. Mr. Campbell said the dike project is a little more than half complete, including 21 miles of seepage barrier constructed be- tween 2007 and 2013, and work is complet- ed or underway on 26 water control struc- tures. The official projected completion date is 2025; however, there is a tremendous de- sire among some state and federal interests in speeding up the process, he explained. With additional financing, it may be possible to complete the work sooner. Edited by Rich Norris and Joyce Nichols Lewis ACROSS 1 See -through kitchen suppy 6 Mythical king of the Huns 10 Kitchen spray 13 Flared dress 14 Ancient Greek theater 1°5 Land in ('ocean 16 "Sneaky blow 18 Some kitchen appliances 19 Did a slow bum 20 Passengers in flight, often 22 Cyberspace marketplace 23 Snobbish 24 Chopper 27 Mount Hood's state 29 Prominent periods 30 Keep the censor busy 31 The NBA's Kevin Love, e.g. 34 Alternative to dis? 35 Easy mark and a hint to the starts of the answers to starred clues 37 Dressing ingredient 38 High rails 39 Bassoon cousins 40 Vending machine buy 41 "Absolutelyl" 43 Kicked off the flight 45 Well -protected 47 Sweater outlet? 48 Island nation near Sicily 49 Get in the game 54 Form 1040 tale. 55 "Peanuts 57 Nickelodeon pooch 58 Spine -tingling 59 Hawaii or Alaska, on many a map 60 Number before quattro 61 Editor's "Let it stand" 62 Hoopster Archibald and rapper Dogg DOWN 1 Back talk 2 Homecoming guest 3 Affluent, in Andalusia 4 Low socks 5 (If) required 6 Together, musically 7 Watch over 8 Director Jean-_ Godard 9 "Can't wait to eat!" 10 *Place for brooding 11 Watchful 12 Embarrassing, as a situation 14 Nashville attraction 17 Bring up 21 Great Lakes'_ Canals 23 10-time All -Pro linebacker Junior 24 Hand over 25 Taken by mouth 26 "Walkin' After Midnighr' Singer 27 Young hooter 28 Rules, briefly 30 _ gin fizz 44 Mischievous boy 32 Trusted underling 45 Snazzy -looking 33 Prince who 46 Ready and willing inspired Drawls 47 Love -crazy Le 35 Loser only to a Pew straight flush 49 "Absolutelyl" 36 Calais cleric 50 Give out 40'The Bartered 51 Scientific aced. Bride" composer 52 Architectural 42 Away Scurve 43 Former U.K. 53 Fishing gear tamer 56 Riled (up) ANSWER TO PREVIOUS PUZZLE: xwordeditorOaol.com By Kurt Kraus ®2015 Tribune Content Agency, LLC 14 _ Okeechobee News A& October 25, 2017 Man accused of hitting and choking girlfriend By Matteo TWHo Okeechobee News A 27-year-old, Okeechobee man was ar- rested Saturday evening af- ter he allegedly prevented his girlfriend from leaving the house while hitting and strangling her. Logan Logan Ray Hobson, S.E. Hobson 29th Court, was arrested on a felony charge of false imprisonment forcibly or by threat and a misdemeanor charge of battery. According to an arrest report by Deputy Joel Lacerte, of the Okeechobee County Sheriff's Office (OCSO), met with the com- plainant at a parking lot near the residence where a supposed domestic battery had oc- curred which involved her niece and boy- friend. The woman claimed to be in fear that the man would hurt her niece, he prevented her from leaving, and witnessed him leave ap- proximately five minutes prior to the depu- ty's arrival. Deputy Lacerte's report stated that the Ci Oman's niece approached him from the ty property t By Matteo TuHio Okeechobee News The City of Okeechobee approved an amendment to the city's No Smoking Policy on Oct. 17, at the city council meeting. The No Smoking Policy that was in place prior to the amendment being approved was worded "There will be no smoking by employees of the city inside its public build- ings as provided by the Florida Clean Indoor Air Act (Florida Statute 286.201), and upon review of the city's No Smoking Policy the amendment was proposed, which required official action of the city council. The recommended amendment, Smoke - Free Policy states: • A tobacco -free environment helps cre- ate a safe and healthy workplace and envi- ronment. Smoking and secondhand smoke are known to cause serious lung diseases, heart disease and cancer. The city supports the health of its citizens, and reinforces our commitment to preserving and improving the health and comfort of our employees and visitors. Effective Nov. 1, 2017, the city will be a smoke -free environment except in approved designated areas. For these purposes, smoking products are defined as cigarettes, pipes, hookahs, cigarillos, cigars, clove cigarettes and other electronic nico- tine delivery` systems (ENDS) such as vapor and electronic cigarettes. • The use of the products as listed above are prohibited inanybuilding or on the grounds except in designated areas. This includes all indoors and outdoors areas that are city owned or leased facilities, in- cluding but not limited to, all buildings and road — after he went to the home — and told him that the man hit her in the back of the head with a closed fist, grabbed her by the throat and strangled her. She also said that apparently the man kept her inside of her room not allowing her to leave and attempt- ed to screw the front door shut to prevent it from being opened. The woman had bruises on her left arm along with markings on her neck that were observed by Deputy Lacerte in his report. The woman was transported by Emergency Medical Services (EMS) to Raulerson Hos- pital and was provided a domestic violence pamphlet giving her information about local resources for victims of domestic violence. Photographs were taken of the screw in the front door — which was claimed by the woman to keep the door from opening — and of the injuries on the woman's body then submitted as evidence. The man was later located at his grand- mother's address, where the victim stated he might have gone to, and was arrested for the above charges. If you or someone you know is a vic- tim of domestic violence, contact Martha's House at 863-763-2893. o be smoke -free facilities, outdoor areas, porches, covered walkways, common areas, parking lots, and city -owned or leased vehicles. Respectively, there is a 50-foot distance from entrance/exit of city buildings or facilities where smoking products are limited from use. This Smoke - Free initiative applies to all persons present in the areas described above includinE'but not limited to city elected officials, employ- ees (whether full-time, part-time, temporary and/or volunteer), contractors and visitors. • Smoking use shall be permitted only in exterior designated smoking areas. All materials used for smoking in designated smoking areas, including cigarette butts and matches, will be extinguished and disposed of in appropriate containers. • Employees are only allowed to smoke on their rest and meal breaks. Employees may not take or be allowed any additional breaks to use any tobacco product. • Direct any question, complaint, or dis- pute about tobacco use in the workplace to the personnel administrator. Employees who want to quit tobacco are encouraged to use Tobacco Free Florida's Quit Your Way, a set of free services to help tobacco users quit, is provided on the employee bulletin boards. The community health advocate for the Quit Doc Foundation, Courtney Moyett "ad- vised that her organization can provide sig- nage, free of charge, for the city to post at all facilities" and provided two samples with "the verbiage based on the type of policy ad- opted, 'tobacco free' or 'smoke free.'" i Crossword Puzzle ACROSS 4 Heavyweight 1 They're bought and soled 6 Educational foundation 10 Lowest part 15 Make like a tree, tacetiousty 16"Uh-huh" 17 Butyl acetate, e.g. 18 AAEGIMRR 21 Balkan region 22 Wild period 23 Edible tuber 24 _ Plantation, site of the worid's largest maze 26 Sun Valley locale 28 AACDEINNV 35 Sea sound 36 One of Suetonius' "Twelve Caesars" 37 Actor Hawke 38 Youngest March sister 39 Sent away 42 Make a selection 43 "I've got this one" 45 Wax on an envelope, say 46 Robert of "The Sopranos" 47ADEHLNRTUY 51 Structural opening? 52 Angler's prize 53 Lack of continuity 55 Old painting sites 58 More pinlike? 62 ILST ... and each of three other Puzzle clues 65 Not hold one's peace 66 Domain 67 Of few words 68 Game that may involve complicated shots 69 Mediterranean feeder 70 Three -layer treats DOWN 1 Thick mass 2 Rescuer, often 3 Marine propulsion aids champ between Buster and Riddick 5 citizen 6 Mate's affirmative 7 Garden spots 8 Like-ndrded group 9 Islamic law 10 Mouming 11 'Take me _ am" 12 Waft for help, perhaps too long 13 Genesis creator 14 Home of Utah Valley University 19 Lead ore 20 Comedian Foxx 25 First place? 27 Porkpie, for one 28 Advanced tests 29 "What light through yonder window breaks?" speaker 30 Other side of "We Can Work It Out" 31 Like Jameson whiskey 32 Long time ending? 33 Heist, say 34 Contest form 39 "Magic Mike" feature 40 " ... on the sand, / _ sunk, a shattered visage lies": "Ozymandias" 41 Paige of British musical theatre 44 Map feature with an elev. 46 Asthma sufferer's relief 48 Boring 49 Ale seller 50 No longer bothered by 53 Severe wound 54 Dinner for Spot 56 Little case 57 Window frame part 59 Weary 60 Canadian gas brand 61 GPS info 63 Is down with 64 Zipper opening? ANSWER TO PREVIOUS PUZZLE: ooam mma© Woman Oman Emma o©n©n omnnmamnonoEnmm manna ©om©o mom man mmum Emmommmmm©amo mom ©wmo mamma Emnan mo©E Imoma mmooa Emma man ommmmonona©Em Home amm mom n©ono moama ummuma©naommono ammo Hamm maon ROOM awns moan xwordeditor(iPaol.conn �iii� ii■ iiiiii ■��iiii■�iiiiiMM NOON NONE MEMME ONE MEMMEMEM ONE MEMMEMMEMEMMEMME WOMEN MEMO MEN WOMAN WEEMEM MMMMMMMMMMMMMMMM WOMEN NONE WOMEN WOMEN NOON WOMME By V id- Be—. 02015 Tribune content Agency, LLc DR -TO -DOOR DIRECTIONS • TRAVEL TIM SONALIZED ALERTS • TRAFFIC CAMERA VIE) k toil f. i &. F d- O p t t p' tation. , Sanded n'e.phenc nn —..:ESHa =-