2023-03-07 V. A. Exhibit 1 MINUTE FILE
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Lake Okeechobee News
.4111111ki 313 NW 4th Avenue
. DEPEITDENT Okeechobee, FL 34972
863-763-3134
NEWSMEDIA INC. USA
STATE OF FLORIDA CITY OFOKEECHOBEE
COUNTY OF OKEECHOBEE PUBLIC NOTICE
CONSIDERATION OF ADOPTING A CITY ORDINANCE
NOTICES HEREBY GIVEN[NI the QV Carrel cf the Gryc(Ckeed
Before the undersigned authority personally appeared Ka- 411�b 20 �m
trina Elsken Muros, who on oath says that she is Editor hoTadowa,afinefautroad :"ay+(Na1nD):
in Chief of the Lake Okeechobee News, a weekly news- o� FwroA�Ar R,:GUA mN
WORKS,AMENDING PART II TFE CODE OF ORDINANCES OF THE
paper published in Okeechobee County, Florida; that the cm,OF OKEECHOBEE AT CHAPTER 14 BUSINESSES BYSPK3F-
ICALLY AMENDING SECTION 14-173 RREWORKS•AMENDING
attached copy of advertisement, being a Public Notice in AT CHAPTER
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the matter of CATION;PROVIDING FOR SEVHtABILITY;REPEALING AU.OR-
DINANCES OR PARTS OF ORDINANCES IN CONFLICT FERMIUM;
Public Notice AND PROVIDING FOR AN EFFECTIVE DATE
The crdience vol knit the use of frowort¢to ihic dates and times Re-
in the 19th Judicial District of the Circuit Court of 'irasrdtek ands `
Okeechobee County, Florida, was published in said news- 3 N rdcn
paper in the issues of address aboke dviga ran business boos MarFni,8 PM-430 PM, Ti
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(Website Dates) By:
By:City Oerk fare Garriotea,(T1C
Affiant further says that the newspaper complies with all .'3129IG" 0J3
legal requirements for publication in Chapter 50, Florida
Statutes.
Katrina Elsken Muros
Sworn to and subscribed before me by means of \0 11 12 AM
Physical Presence El Online Notarization p
physical presence or online notarization, this RECEIVED
22nd day of February, 2023. FEB 2 2 /On r
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(Signature of Notary Public)
STAMP OF NOTARY PUBLIC
Exhibit 1
03/07/2023
ORDINANCE NO,. 1270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OKEECHOBEE, FLORIDA RELATING TO THE REGULATION
OF FIREWORKS, AMENDING PART II THE CODE OF
ORDINANCES OF THE CITY OF OKEECHOBEE AT CHAPTER
14 BUSINESSES BY SPECIFICALLY AMENDING SECTION 14-
173 FIREWORKS; AMENDING AT CHAPTER 30,
ENVIRONMENT, SPECIFICALLY AMENDING SECTION 30-43
PUBLIC NUISANCES; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2020, the State of Florida enacted Florida Statutes (F.S.) Section
791.08 relating to the discharge of fireworks; and
WHEREAS, a number of local governments, including the City of Okeechobee
("City"), are updating their fireworks related ordinances in response the
enactment of F.S. Section 791.08; and
WHEREAS, the City Council finds that this Ordinance promotes the public health,
safety and welfare of its citizens and inhabitants of the City, pursuant to Article
VIII, Section 1(g), Florida Constitution.
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: RECITALS.
The foregoing "WHEREAS" clauses are ratified and confirmed as being true
and correct and are made a specific part of this Ordinance.
SECTION 2: AMENDMENT TO CHAPTER 14 BUSINESSES.
That Section 14-173 Fireworks of Part II of the City Code of Ordinances within
Chapter 14 Businesses, Article IV Peddlers and Solicitors, Division 3
Miscellaneous Offenses is hereby amended to read as follows:
(a) It shall be unlawful to sell or offer or expose for sale any firecrackers,
fireworks toy pistols nr explosives for use in making noise or a display
as dcfined in F.S. §791.01, or to shoot off, explode or use any
firecrackers, toy pistols, or other explosives fireworks or other similar
devices as defined in F.S. Section 791.01.
(b) The sheeting use of fireworks or other similar devices are not permitted
in the City other than on New Year's Eve, New Year's Day, and
Independence Day. in connection with a community wide celebration
such as the Fourth of July is not prohibited provided permi-sion has
been obtained from the city council_an,,d arrangements m„do for the
display so that traffic control, insurance and the safety of spectators has
been provided for. However, this Section shall not prohibit public
outdoor fireworks displays for which any applicable permit has been
obtained from the City and Okeechobee County Fire and Rescue if and
where all financial bond requirements or liability insurance established
by the City, if any, have been satisfied, and other prescribed safety
requirements have been met.
Ordinance No. 1270, Page 1 of 3
If applicable,language to be added is underlined.
If applicable,language to be deleted is skask-threug#.
(c) The use of private outdoor fireworks may occur on:
New Years' Eve between 1:00 P.M. to Midnight, EST; and
New Years' Day between 12:01 A.M. to 1:00 A.M., and between
11:00 A.M. to 11:00 P.M., EST.
Independence Days between 11:00 A.M. to 11:00 P.M., EST
(d) Provisions of this article may be enforced by the City as a code violation
or may be enforced by the Police Department as an offense, pursuant
to F.S. Section 162.22 or when a public safety or nuisance is caused. A
problem may exist when fireworks are set off 25-feet or less of an
adjoining single-family residence. A problem may occur when fireworks
are being set off near vegetations or forested areas that could potentially
cause an undue fire hazard.
SECTION 3: AMENDMENT TO CHAPTER 30 ENVIRONMENT.
That paragraph (a) in Section 30-43 Public Nuisances of Part II of the City
Code of Ordinances within Chapter 30 Environment, Article II Nuisances, is
hereby amended to read as follows:
(a) "Public nuisance" as defined in this section, means the unauthorized
shooting of fireworks, existence of excessive accumulation of litter or
untended vegetation, garbage, weeds, or other dead or living plant life;
or places holding stagnant water, and all other objectionable, unsightly
or unsanitary matter upon any lot, track of land within the city, whether
uncovered or under shelter, to the extent and in the manner that such
lot or parcel of land is, or may reasonably become infested or inhabited
by rodents, vermin or wild animals, or may furnish a breeding place for
mosquitoes, or threatens or endangers the public health, safety or
welfare, including such condition causing or tending to cause disease,
or by reason of such a condition, tends to impair the economic welfare
of adjacent property; including abandoned or junk property as defined
by this article; blighted structures and dangerous structures as defined
in this article; unsightly, derelict or unsafe building or structure which
may constitute a hazard to safety, health, welfare or sense of public
aesthetics by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment.
SECTION 4: SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder
shall not be affected by such invalidity.
SECTION 5: CONFLICT.
All sections or parts of sections of the City of Okeechobee Code of
Ordinances in conflict herewith are intended to be repealed to the extent of
such conflict.
SECTION 6: INCLUSION IN THE CODE OF ORDINANCES.
It is the intention of the City Council of the City of Okeechobee, and it is
hereby ordained that the provisions of this Ordinance shall become and made
a part of the City of Okeechobee Code of Ordinances, that the sections of
this Ordinance may be renumbered or re-lettered to accomplish such
intentions; and the word "ordinance" may be changed to "Section" or other
appropriate word.
SECTION 7: EFFECTIVE DATE.
This Ordinance shall be effective upon final adoption on second reading.
Ordinance No. 1270, Page 2 of 3
If applicable,language to be added is underlined.
If applicable,language to be deleted is stw^k .
INTRODUCED for FIRST READING and set for Final Public Hearing on this 7th day
of February 2022.
Dowling R. Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
(SEAL)
SECOND READING AND FINAL ADOPTION held this 7th day of March 2023.
As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll
call on final reading and recorded, the vote was as follows:
Yes No Abstained Absent
Council Member Chandler:
Council MemberNice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R Watford Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
(SEAL)
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, Esq.
City Attorney
Ordinance No. 1270, Page 3 of 3
If applicable,language to be added is underlined.
If applicable,language to be deleted is struck-through.
VII. NEW BUSINESS
A. The dates to hold, cancel, or change the regular Council Meetings for 2023 were discussed with a
consensus to hold the Town Hall Meeting on March 21, 2023, in lieu of the regular meeting, at
either the First United Methodist Church Fellowship Hall or City Hall, and cancel the July 4, 2023,
meeting. There was not a clear consensus on canceling the June 6, 2023, meeting and moving the
November 21, 2023, meeting to November 28, 2023. The new Charter requires the Council hold at least
ten regular meetings a year with a resolution adopting the dates, times, and places. A resolution will be
drafted and presented at the next meeting.
B. Motion and second by Council Member Jarriel and Vice Mayor Clark to read by title only, proposed
Ordinance No. 1270, regulating the use of fireworks [as presented in Exhibit 4]. Motion Carried
Unanimously.
City Attorney Fumero read into the record the title of proposed Ordinance No. 1270 as follows: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO
THE REGULATION OF FIREWORKS, AMENDING PART II THE CODE OF ORDINANCES OF THE
CITY OF OKEECHOBEE AT CHAPTER 14 BUSINESSES BY SPECIFICALLY AMENDING SECTION
14-173 FIREWORKS; AMENDING AT CHAPTER 30, ENVIRONMENT, SPECIFICALLY AMENDING
SECTION 30-43 PUBLIC NUISANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Vice Mayor Clark and Council Member Jarriel to approve the first reading of
proposed Ordinance No. 1270, and set March 7, 2023, as the final hearing date. Motion Carried
Unanimously.
C. Motion and second by Council Member Jarriel and Vice Mayor Clark to approve the purchase of City
Police equipment in the amount of$29,175.45 [to Global Public Safety for the five 2023 Dodge Chargers
as presented in Exhibit 5]. Motion Carried Unanimously.
D. Mr.Jonathan Einhorn and Mr. Reuven Rogantinsky, representing Emerald Green Apartments, addressed
the Council regarding a proposed 190-unit apartment complex to be located on SW 6th Street, between
SW 7th to 10th Avenues. They requested the Council consider an ad valorem tax abatement for the
project. After some discussion, with Attorney Fumero clarifying the process, Mayor Watford asked for a
consensus. Vice Mayor Clark and Council Member Jarriel were in favor of considering the options for a
policy to be adopted. Mayor Watford and Council Member Chandler were not in favor. The matter was
deferred to the next meeting when Council Member McAuley would be present.
E. Motion and second by Council Member Chandler and Vice Mayor Clark to approve a piggyback
Agreement from Okeechobee County Independent Contractors Agreement, with CW Roberts
Contracting, Inc., in the amount of$100,000.00 for asphalt milling and paving [as presented in Revised
Exhibit 6]. Motion Carried Unanimously.
F. Motion and second by Council Members Jarriel and Chandler to approve a piggyback Agreement from
Broward College Storm Drain Cleaning, Repairs, and Maintenance Agreement, with Shenandoah
Construction Company, LLC., for the South 4th Street Pipe Lining Project [from SW 5th Avenue to SE 6th
Avenue] in the amount of$1,000,000.00 [as presented in Exhibit 7]. Motion Carried Unanimously.
G. Motion by Council Member Chandler to not appeal the Magistrate ruling of a 100 percent fine reduction
in Code Enforcement Case No. 220128007. Motion failed for lack of a second.
Motion and second by Vice Mayor Clark and Council Member Jarriel to appeal the Magistrate ruling of a
100 percent fine reduction in Code Enforcement Case No. 220128007 in the sum of $5,700.00 plus a
$50.00 Administrative fee. Property owner, Perry Sylvester Arnold Jr. of 620 Northeast 4th Avenue,
Violation of Code of Ordinances Chapter 30, Sections 30-41 Disabled Vehicles, 30-43 Public Nuisances,
30-44 General Cleaning and Beautification; Chapter 82, Section 82-124 Permits [as presented in
Revised Exhibit 8].
After the costs to pursue this and the process was explained by Attorney Fumero, Council Member Jarriel
and Vice Mayor Clark withdrew their second and motion. No official action was taken.
VIII. CITY ATTORNEY UPDATE
No updates provided at this time.
FEBRUARY 7, 2023, CITY COUNCIL REGULAR MEETING, PAGE 4 OF 5