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2023-07-18 VI. D. Ord No. 1278, Exhibit 4 • • Exhibit 4 07/18/2023 1���y OF,�Ky �� Okeechobee City Council ITY OF OKEECHOBEE Y ,04;� 4bo Mayor Dowling R. Watford, Jr. 55 SE THIRD AVENUE 4. 0) Vice Mayor Monica Clark tt _ -i OKEECHOBEE, FL 34974 Noel Chandler • ..,,'�� Phone: (863)763-3372 Bob Jarriel %.;,;4`,0 www.cityofokeechobee.com David McAuley • MEMORANDUM TO: City Council FROM: Gary Ritter, City Administrator RE: Sewer Connection Ordinance No. 1278 DATE: July 18, 2023 On June 6, 2023, the City Council voted to approve the first reading of the Sewer Connection Ordinance No. 1278. During the discussion several changes were suggested but not voted on to amend the Ordinance. The following changes were suggested: 1. Site the Florida Statutes 381.065(1)(a) when referencing the public utility requirements for providing written notice to property owners when a system is available, and noting this could change from time to time. 2. Exempt the mandate to connect if the cost to connect, as calculated by the public utility provider, exceeded $3,000. • • ORDINANCE NO. 1278 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58 UTILITIES, ARTICLE III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING SECTION 58-72 USE OF PUBLIC SEWERS REQUIRED, CREATING NEW REQUIREMENTS FOR CONNECTION TO THE PUBLIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City of Okeechobee, Florida(City) is creating new requirements for connection to the public sewer system for owners of real property within the City Limits; and WHEREAS,the City Council of said City 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 said City; 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 ADOPTED. 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 AND ADOPTION TO CHAPTER 58 UTILITIES. That Part II of the Code of Ordinances, Subpart A General Ordinances, Chapter 58 Utilities, Article III Sewers and Sewage Disposal, Section 58-72 Use of public sewers required, is hereby amended to read as follows: (a) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the 201 facilities planning arema any human or animal excrement,garbage, or other objectionable waste. (b) It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage except where suitable treatment has been provided in accordance with the provisions of this article. (c) Except as provided in this article, it shall be unlawful to construct or maintain any privy, privy vault, septic tank,cesspool,or other facility intended or used for the disposal of sewage.All private means of sewage disposal shall be removed at the expense of the property owner. (d) Flush toilets shall be required within the 201 facilities planning area in all houses, buildings or Connection to a public potable water system and/or a public sewer system at the property owner's expense shall be required when a system is available.A system is available when: 1. It is capable of being connected to the plumbing of a residence, commercial, or industrial establishment; 2. It is not under a moratorium; 3. It has adequate permitted capacity to provide the service; 4. A public potable water system or a sewer system line exists in a public easement or right-of- way that abuts the property line; and 5. The public utility provider has granted 30-days written notice to the property owner of the availability of water service and 365-days written notice to the property owner of the anticipated date of the availability of sewer service. Language to be added is underlined. Language to be deleted is stfusii-tiffeug44. Ordinance No. 1278, Page 1 of 2 • • SECTION 3: CONFLICT. All Sections or parts of Sections of the City Code of Ordinances in conflict herewith are intended to be repealed to the extent of such conflict. SECTION 4: INCLUSION IN THE CODE OF ORDINANCES. It is the intention of the City Council of said City, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City 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 5: 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 6: EFFECTIVE DATE. This Ordinance shall be effective immediately upon final adoption on second reading. INTRODUCED for First Reading and set for Final Public Hearing on this 6th day of June 2023. Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading and Final Public Hearing this 18th day of July 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 Member/Vice Mayor Clark: Council Member Jarriel: Council Member McAuley: Mayor Watford: Dowling R. Watford, Jr., Mayor ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Language to be added is underlined. Language to be deleted is staieli-thfetig14. Ordinance No. 1278, Page 2 of 2 • • VI. NEW BUSINESS CONTINUED A. Continued. The overall financial soundness of the City shows Total Assets exceeding Liabilities by $20,679,327.00. All Funds Total Assets were $14,750,280.00; Total Liabilities were $3,547,752.00; Deferred Revenue (Business Tax Receipts)was$47,895.00; leaving a Total Balance of$11,154,633.00 (of which $44,007.00 is non-spendable for inventory; $1,279,892.00 is restricted for Public Facilities; $18,337.00 is restricted for Law Enforcement; $1,589,534.00 assigned for subsequent year's expenditures and $8,222,863.00 is unassigned). The City's Total Net Position increased by $1,468,709.00. Motion Vice Mayor Clark, second by Council Member McAuley to accept the 2022 Audited Financials [as presented in Exhibit 2]. Motion Carried Unanimously. B. Motion and second by Council Members Jarriel and Chandler to approve [the recommendation to rank Nunez Lawn Care and Landscaping as number one by]the Committee Ranking for RFQ No. PW 03-32- 05-23, Landscape Maintenance and Installation Services [and approve for Administrator Ritter to negotiate a contract, as presented in Exhibit 3]. Motion Carried Unanimously. C. Motion by Council Member Chandler, second by Vice Mayor Clark to read by title only, proposed Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances and requiring connection to public water and/or sewer systems [as presented in Exhibit 4]. Motion Carried Unanimously. City Attorney John Fumero read the title of proposed Ordinance No. 1278 into the record as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CODE OF ORDINANCES, SUBPART A GENERAL ORDINANCES, CHAPTER 58 UTILITIES, ARTICLE III SEWERS AND SEWAGE DISPOSAL, SPECIFICALLY AMENDING SECTION 58-72 USE OF PUBLIC SEWERS REQUIRED, CREATING NEW REQUIREMENTS FOR CONNECTION TO THE PUBLIC SEWER SYSTEM; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Jarriel and McAuley to approve the first reading and set July 18, 2023, as the final public hearing date for proposed Ordinance No. 1278. Motion Carried Unanimously. D. Motion and second by Council Members Chandler and McAuley to adopt proposed Resolution No. 2023- 02, amending the schedule of rates, fees, and charges for building permits and plan reviews by the Building Official [as presented in Exhibit 5]. Mayor Watford read the title of proposed Resolution No. 2023-02 into the record as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, REVISING AND AMENDING THE SCHEDULE OF RATES, FEES, AND CHARGES FOR CONSTRUCTION PLANS, BUILDING CONSTRUCTION SERVICES AND OTHER MISCELLANEOUS SERVICES BY THE GENERAL SERVICES DEPARTMENT; AMENDING TABLE 4 WITHIN THE CODE OF ORDINANCES APPENDIX G; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Following a discussion for various amendments to the fee structures, a Motion was made by Vice Mayor Clark, second by Council Member Jarriel to postpone the motion on the floor [to adopt proposed Resolution No. 2023-02]to a future meeting. Motion to Postpone Carried Unanimously. E. Finance Director India Riedel distributed 11-pages of various graphs to show comparisons of the State revenues, fuel tax, franchise fees, utility tax, and building permit revenues for FY 2015 through current date. Four of the pages reviewed expenditures from the General Fund by each Department. A copy of the document is incorporated into the official Minute File, labeled as Exhibit 7. This item was for informational purposes in preparation for future discussions on the proposed FY 2023-24 Budget. F. Motion by Vice Mayor Clark, second by Council Member McAuley to adopt proposed Resolution No. 2023-03, approving the execution of a Post Project Maintenance Agreement with Florida Department of Transportation (FDOT) for the Southwest (SW) 3rd to 5th Streets and South Parrot Avenue Stormwater Sewer System Project[as presented in Exhibit 6]. Attorney Fumero read the title of proposed Resolution No. 2023-03 into the record as follows: "A RESOLUTION OF THE CITY OF OKEECHOBEE:, FLORIDA; APPROVING THE EXECUTION OF A POST-PROJECT MAINTENANCE AGREEMENT FOR STATE ROAD 15/SOUTH PARROTT AVENUE/ U.S. HIGHWAY 441, FROM SW 3RD TO 5TH STREETS, BETWEEN THE CITY OF OKEECHOBEE AND THE FDOT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Motion Carried Unanimously. JUNE 6,2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 MINUTE FIf_=: tc m V/ 0 SouthCentralFloridaLife.com I Lake Okeechobee News I July 5,2023 2 CONNECTION FEES Okeechobee City council discusses sewer costs By Cathy Womble over forcing those who are trying to do to help. said at this time they elderly friend of mine. on the street. LAKE OKEECHOBEE NEWS cannot afford the cost The fees to connect have a 75%reduction She had a doctor's "I think it's gonna OKEECHOBEE to pay for hookup. from the house to the of connection fees. appointment and came be one of those deals —During the June "I was getting a little street are typically paid Mayor Dowling home and couldn't get where no matter how 21 Okeechobee City concerned that we have by the homeowner. Watford expressed in her driveway,"said many times we remind Council meeting,the no flexibility when the "I don't know how concern about people the mayor. them,there will have council discussed mak- hookup is miles from a policy can be devel- leaving their homes Hayford said this to be more friendly ing a hardship policy to the property,"she said. oped that meets the for an hour and com- was not how it was sup- reminders,"said Hay- help offset the cost of John Hayford of needs of today but also ing home to find their posed to happen and ford. hooking to city sewer OUA said he has the future,"he said. driveways torn up. letters were supposed to He said they have a when it becomes man- applied for some grants OUA does have a "That sounds like go out in advance. community outreach datory.City Council to try to minimize the policy that allows for something off of Face- A contractor was as well as a town hall Member Monica Clark costs. payment plans.They book,"said Hayford. also supposed to knock meeting scheduled to expressed concern It is not guaranteed also have a hardship "No.This wasn't on doors and tell people help with this. but it is something they policy.In addition,he Facebook.This was an they would be working / REGULATIONS City of Okeechobee considers food truck ordinance By Cathy Womble restaurant can operate. code."Who monitors Jarriel said he felt the and chairs for their cus- to decide what they LAKE OKEECHOBEE NEWS Councilman Bob them?"she asked. council should protect tomers but they cannot want to do about the OKEECHOBEE— Jarriel would like to see "Does anyone inspect the small businesses have any canopies to ordinance.This was The Okeechobee City them operate only in them? who had been there provide shade for them- the first reading.If the Council is considering the industrial area. "Surely the health throughout covid. selves. public has any sugges- an ordinance pertaining "I have a problem department inspects "They paid rent and The council dis- tions,they are invited to food trucks within that we are allowing them,"said Mayor taxes all through that cussed the different to come to the next the city limits. basically a restaurant Dowling Watford. whole time.The food fundraisers,and some- meeting to discuss it. According to state on wheels to have more Clark also asked if trucks were not there," one asked if the Chick- Jarriel made a mo- law,a municipality flexibility than a restau- they collected business he said. "I'd like to see fil-A truck was legal tion to have the trucks cannot forbid mobile rant in our communi- tax receipts but was it just in the industrial according to the city operate only in indus- food trucks from oper- ty,"said Clark."I don't told the food trucks zoning." ordinances. trial zoning areas but ating in the entirety of believe they should be were exempt. Mayor Watford ex- "Technically,it's no one seconded his the entity's jurisdiction. allowed in every zoning She was told if she plained there are many not,"said the mayor. motion. This means the city district as basically a disagreed,she could rules for mobile food "But I'm not gonna Clark made a motio. of Okeechobee has to restaurant on wheels. check with the attorney trucks.They can only fight that." to have the trucks let food trucks operate Clark said she owns a general's office. operate for three hours Everyone laughed, operate only where SOMEWHERE.But gas supply company Clark said she felt in the same place unless and someone men- restaurants could oper- where? and has had a number food trucks should they provide a restroom tioned that the truck is ate with the exception Councilmember of these mobile food only be allowed in the for the public.If they used for a lot of fund- of public and rural Monica Clark would trucks come in to try same zoning districts do provide a restroom, raisers in the commu- heritage zoning areas. like to allow them to to buy gas.She would a restaurant would be they can be open from nity and is usually on Jarriel seconded the operate anywhere a not sell to them because allowed. 9 a.m.to sundown and church property. motion. Athey were not up to Councilman Bob can even have a table The council has time OBITUARIES er A new Feature has launched on` 1953 in Middletown,Ohio and Everett;brother Johnny to L.J.Whitford and Jewell Whitford;and sister,Kim at 4-y,' SouthCentralFloridaLife.comtohelp I Emnett Whitford A resident Gossage. readers who have lost a loved one by I of Okeechobee for 22 years, Visitation was at 2:00 P.M. IF ` hosting an easier way to submit an • r I .r she loved fishing and cooking to 4:00 P.M.Tuesday,June r obituary from the comfort of their homes. Mrs.Noyes was preceded 20,2023 at Buxton&Bass t;, 8,_ Lake Okeechobee News showcases a in death by her father,L.J. Okeechobee Funeral Home. / � auser-Friendly platform at https:// Whitford and brother,Joe Those wishing to leave a Whitford. message of condolence may www.southeentralfloridalife.com/ She is survived by her sign the register book at,www - '., obituaries/.This platform features husband of 22 years,Woody OkeechobeeFtmeralHome,com Okeechobee paid obituaries as well as memorials to y Noyes;son,Michael Waters All arrangements are News celebrate your loved one's precious life. , ,, Donna Kay (Lore);daughter,Teresa Ham; entrusted to the direction Once posted,the obituary goes live ,i i, Noyes mother,Jewell E.Whitford; and care of the Buxton& Okeechobee-Donna Kayfour grandchildren,Rebekah, Rats Okeechobee Funeral on the site of your choosing,and our F i 'II obituaries are picked up by Google alerts. 'e (;Noyes died Friday,June 16, Morgan,Hunter,and Landon; Home,400 N.Parrott Ave., "<` 2023.She was born June 21, two great-grandsons,Bronson Okeechobee,Florida,34972. • • MINUT FILE "71Ifl,9C 3CC-- Heather Prince 1 Yt From: Heather Prince Sent: Tuesday, July 18, 2023 9:27 AM To: tommy_clay@yahoo.com Cc: Lane Gamiotea Subject: Ordinance No. 1278, Requiring Connection to Public Water and/or Sewer Systems Attachments: 2023 07 18 Exhibit 4, Ord 1278.pdf;Agenda.pdf Mr. Clay, Proposed Ordinance No. 1278, requiring connection to Public Water and/or Sewer Systems, is on the July 18, 2023, City Council agenda for final public hearing and adoption. The agenda and proposed Ordinance are attached for your records. Best, Heather Prince I Deputy Clerk CITY CLERK'S OFFICE CITY OF OKEECHOBEE 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974 PHONE: (863) 763-3372 EXT. 9814 FAX: (863) 763-1686 EMAIL: DEPUPTYCLERK@CITYOFOKEECHOBEE Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076. CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. • • MINUTE FILE �-t-m D SouthCentralFloridaLife.com 1 Lake Okeechobee News I--August 9,2023 21 FROM THE COVER Alligator Observe and photo- OMF Count.Soundslinger The camping festival, as well as Preservation •From page 20 graph alligators only •From page 1 will be a sponsor of the which draws attendance Hall Jazz Band. swimming and wading from a distance.Re- OMF's long stand- rodeo and the Speckled of 30,000 to 40,000 fans Annual events at night. member,they're an im- g partnership followed in 2017 and gh in artnershi with Perch Festival in March to the 600-acre Sun •Leave alligators portant part of Florida's HeadCount has helped 2024. shine Grove property in natural history as well as deepen this community "As owners and safe- northeast Okeechobee 2018.In November alone.State law pro-hibits killing,harassing an integral component impact while also regis- keepers of our beautiful County,has a history of 2018,it was announced of aquatic ecosystems. P P ry the festival would go on or possessing alligators. •Seek immediate tering nearly 5,000 new land,Sunshine Grove, starts and stops. Handling even small medical attention if you voters.Respecting the Soundslinger cares The first Okeechobee "hiatus."OMF returned alligators can result in are bitten by an alliga- absence of OMF 2024, deeply about the com- Music and Arts Fes- in 2020,now partnered injury. tor.Alligator bites can Soundslinger is commit- munity that it witnessed tival was held March with Insomniac,the •If you see an alliga- result in serious infec- ting to donate$3,000 to come together in those 4-6,2016,produced organizers of Electric toy CITY COUNCIL,keep your distance. tions. each partner nonprofit first few years of OMF by Soundslinger.The Daisy Carnival.The J/ 4 in March 2024.Non- from 2016 onwards. festival was originally 2020 OMF was the last profit partners include We are working hard to planned for 2015,but big music festival of the Mandatory sewer h oo kuTreasure Coast Food keep OMF close to its organizers delayed it a year before large public p Bank,Thank You For original roots in a big year in order to have the events were shut down Your Service,Healthy way and reignite the time to make it really to ordinance faces Start,Big Brothers Big sparks.Those formative special.The first year due the covid pan- demic. ueto Sisters,the End Hunger years were special to all lineup included Mum- stumbling blocks backpack program via of us.Hang tight and ford E Sons,Kendrick OMF returned in By Cathy Womble Councilman David Okeechobee Coun- remember to always Lamar,Robert Plant, 2022.The festival was LAKE OKEECHOBEE NEWS McAuley said there ty Schools,Martha's Be,Here,Now,"said Odesza,Skrillez,Bass- held March 3-6,2022. OKEECHOBEE— is no way to know for House,Helping People Soundslinger Founder nectar,Hall&Oates In 2023,the festival was City property owners sure if a septic tank is Succeed,and Head- Rechulski. and the Avett Brothers held March 2-5. will be required to working properly."Just connect to city water because a toilet is flush- , and/or sewer when ing does not mean the -y it is available.This septic tank is working connection will be at right." - 1- the property owner's Vice mayor Monica II " expense.The utility Clark stressed that she - l'i!'"," , • provider must provide a wanted there to be some 30-day written notice to type of exception for \`a the property owners of those whose property is ii• . the availability of public farther away from the ' water and a 365-day sewer line.When the >, written notice of the cost will be greater than • t availability of public it is for others,it is not ""+1. sewer service.During right to force them to 1. . ' v+' the July 18 council pay that without some # 1'i meeting,Councilman type of help,she said. - ' 11 # Bob Jarriel said city She suggested making ' sewer may not even financing available for SEVERE BACK PAIN?GET YOUR LIFEBAot001'! be available for an- those people. other year or two and John Hayford of ' then with the 365-day OUA suggested do- notice,they might have ing assessments which up to three years to would spread the cost J 0 NO CHARGE EXAM&X-RAY WHAT IS THE Simpson Medical Method prepare. out over several years. u 0 10 POINT REHIRE EVALUATION lie Sm.,8edial Veld'a 0 e:arta,<B:nnrelWr ne An exception to the The council suggested 0 RANGE OF MOTION CHECK t'lImlri pmpam Wild aLUilS(MlfpoiBalid IIUe mandate was proposed OUA provide financing, 0 REVIEW OF FINDINGS list decomplessiae,aid lase roost,end,ovum in the event the cost to but Hayford said he rohBb;rtatien h,oMa;to laog tom*oat a;health.Spas connect,as calculated would have to check 11•r..'.l°cl'rnla colo n;scm'e hack et cock puk i OKcrp:etibe is tottilleittoi Ay rxay doaas cc he t'se by the public utility pro- into that. P 1 '1 y.Y ote cony.;chit;arirg WI G?e roost evinced coc secclssiti rminroare creorroe,of vider,exceeds$3,000. The council agreed :re maari r Oa((eTa neck ga a,my wail sober Lac d.Bq at clot pa e This exception was to postpone the vote on '`,r Is`,'B•i"-no vno I!n ccct"u.ro an rod host cal PP P Ie:h r c3y red a-,,egette a:41p We are emethog he'Simpson Mnlrccl A1tLhBt akus icl a nub I;i hs voted down. the adoption of the new f9 this alter to the rust 30 cutler,.-lane cec A mass de oy latteor..c rrmtico and sesorer9 es to you Bone.lb resa!is o a tore ei'UIWe tot.to-: Councilman Noel ordinance until August 4 - 1 ,a;, Ai Y riC•1'm n!sC C stew colt) kk:Ga to gas(LIa. Chandler expressed 15.Meanwhile,they ns concern about putting will do some research Dr oat eerie farsac toe lit let's,ock to ethersoluti o, a financial hardshipon to see how other areas n �"" �� &0t en h a the r3 with l r.:lr,.att together M yQI ae aseesed Ctr2mcact MI:Lc bad. city residents."Some of are handling this."If we these people can't afford don't find a way to help the hookup,"he said.He people who can't afford ©�SIMPSON CALL TODAY:863-410-2860 also asked if a septic tank it,they will buck against was in workingorder, it,"said Clark."I want §vIANCE i c,§ceRAcac Inc.,,..:, it l.ce tint OWte Oeeed.6.e 04'r. rsE JlCnI CEN7EN 114 SF iaW S. ILJ Sit Ss:xl 9d SK.IN 313e hot,W could they wait until to be sure the city does SIMPSONMEOICAL COM %et R3499e ha 3e Ice,P.31953 Oa,SMhee,f!3e972 it stops working before everything they can for they had to hook up. these people." + ;.:! ""s.°"'""""""^ ;..;".e; rb 4;; .'"' / amevee.,.1.4 ...,er...n..t.