2023-08-15 V. B. Exhibit 2 • • Exhibit 2
08/15/2023
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 ar c, 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
structures used for human occupancy, employment, recreation or other purposes and such flush
toilets shall be connected within 90 days, after receiving official notice from the city, to the public
sanitary sewer at the owner's expense; subject, however, to the following exceptions and
limitations: If such house, building or structure is not situated on property abutting a street, alley or
road right of way wherein there is located a public sanitary sewer or if such property is not within
100 feet of such public sanitary sewer, such connections shall not be required; and further if the
connection of such house, building or structure requires unusual and costly plumbing such as a lift
station, force main or similar plumbing facilities, then no connection shall be required. 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 strusk-through. 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. POSTPONED
to this 15th day of August 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
Nason Yeager Gerson Harris & Fumero, P.A.
Language to be added is underlined.
Language to be deleted is stud-through. Ordinance No. 1278, Page 2 of 2
332 • •
VI. PUBLIC HEARING CONTINUED
A. Continued. AND INDUSTRIAL (IND) ZONING DISTRICTS AND ALLOWING FOR OPERATION OF
MFDV IN CONJUNCTION WITH A TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING,
BY SPECIFICALLY AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS,ALLOWING
FOR MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, AND IND ZONING
DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No.
1272.There were no comments from the public. Roll Call Vote: Chandler—Yea, Clark—Yea, Jarriel
— Yea, McAuley— Yea, Watford — Yea. Motion Carried.
B. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance
No. 1276, for LDR Text Amendment Application No. 23-003-TA, adding storm shutter regulations within
Chapter 90 of the Code of Ordinances [as presented in Exhibit 2]. Motion Carried Unanimously.
Attorney Hyden read the title of proposed Ordinance No. 1276 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING PART II OF THE CITY OF
OKEECHOBEE CODE OF ORDINANCES, SUBPART B LDR, CHAPTER 90 ZONING, ARTICLE III
DISTRICTS AND DISTRICT REGULATIONS, DIVISION 1 GENERALLY, ADDING A NEW SECTION
90-84,DEFINING PERIODS DURING WHICH STORM SHUTTERS MAY NOT REMAIN IN PLACE AND
PROVIDING EXCEPTIONS, AS SUBMITTED IN LAND DEVELOPMENT TEXT AMENDMENT
APPLICATION NO. 23-003-TA; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Member Chandler, to adopt proposed Ordinance No.
1276.There were no comments from the public. Motion by Vice Mayor Clark, second by Council Member
McAuley to postpone the motion on the floor to adopt proposed Ordinance No. 1276, to August 15, 2023.
Motion to Postpone Carried Unanimously.
C. Motion by Vice Mayor Clark, second by Council Member McAuley to read by title only, proposed
Ordinance No. 1277, regarding Comprehensive Plan Small Scale Future Land Use Map (FLUM)
Amendment Application No. 23-001-SSA, submitted by Roland Mossel, to reclassify 0.33+1- acres
located in the 100 block of Northwest 11th Street,from Commercial(C)to Multi-Family Residential (MFR),
Legal Description: Lots 25 and 26 of Block 19, OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County
public records [as presented in Exhibit 3]. Motion Carried Unanimously.
Attorney Hyden read the title of proposed Ordinance No. 1277 into the record as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA;AMENDING THE CITY OF OKEECHOBEE
COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FLUM ON A
CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM C TO MFR,
APPLICATION NO. 23-001-SSA; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED
FLUM IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Member Chandler to adopt proposed Ordinance No.
1277. City Planner Ben Smith, attending remotely via Zoom, reviewed the Planning Staff Report. The
Planning Board and Planning Staff recommend approval. Clerk Gamiotea stated for the record 20
courtesy notices were mailed to the property owners,advertisements,and one sign were properly posted,
with no objections or comments received to date. There were no public comments. Roll Call Vote:
Chandler — Yea, Clark — No, Jarriel — No, McAuley — Yea, Watford — Yea. Motion Carried
Three to Two.
D. Motion and second by Council Members McAuley and Jarriel to read by title only proposed I
Ordinance No. 1278, amending Chapter 58 of the Code of Ordinances and requiring connection
to the public water and/or sewer systems [as presented in Exhibit 4]. Motion Carried
Unanimously.
Attorney Hyden 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."
JULY 18,2023, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4
• • 333
VI. PUBLIC HEARING CONTINUED
D. Continued. Motion and second by Council Members Chandler and McAuley to adopt proposed
Ordinance No. 1278. There were no comments from the public. Mr. John Hayford, Executive
Director, Okeechobee Utility Authority (OUA), responded to questions from the Council. Motion by
Vice Mayor Clark, second by Council Member Jarriel to postpone the motion on the floor to adopt
proposed Ordinance No. 1278 to August 15, 2023, to allow time for: Mr. Hayford to request the
OUA Board of Directors offer financing for the house to street sewer construction and abandon the
septic tank costs and report their response; Administrator Ritter to research and report his findings
on what financing options or flexibility other municipalities are offering their residents on this issue;
City Attorney to research and report the process for creating an assessment by the City to finance
the costs. Motion to Postpone Carried Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 7:47 P.M.
VII. NEW BUSINESS
A. Motion by Council Member Jarriel, second by Vice Mayor Clark to approve the School Resource Officer
Agreement with Okeechobee Christian Academy [for School Years 2023-24 and 2024-25 as presented
in Exhibit 5]. Motion Carried Unanimously.
B. Motion by Council Member Chandler, second by Vice Mayor Clark to approve the maximum Millage Rate
for advertisement for 2023 Tax Notice, Millage Rate of 6.8987 for Budget Year 2023-24 [as presented in
Exhibit 6]. Motion Carried Three to Two with Clark and Jarriel Voting No.
C. Motion and second by Council Members Jarriel and McAuley to approve the budget calendar for the Fiscal
Year 2023-24, setting Workshops for August 1, 2023, and August 15, 2023, following the regular City
Council meeting commencing at 5:00 P.M., First Budget Hearing for September 5, 2023, at 6:00 P.M.
during the regular City Council meeting, and reschedule the regular City Council meeting to be held
September 19, 2023, to the same date as the Final Budget Hearing on September 25, 2023, at 6:00 P.M.
[as presented in Revised Exhibit 7 and correcting the display advertisement date from September 22nd
to 20th]. Motion Carried Unanimously.
D. Motion and second by Council Members Chandler and McAuley to award a contract [not to exceed
$35,000.00] for RFQ No. PW 03-32-05-23, Landscape Maintenance and Installation Services, to Nunez
Lawncare and Landscaping, Inc. [as presented in Exhibit 8 for August 1, 2023, through September 30,
2023]. Motion Carried Unanimously.
E. Motion by Council Member Jarriel, second by Vice Mayor Clark to award a contract for Bid No. PW 04-10-
05-23, City of Okeechobee SE 4th Street Drainage and Improvements to Johnson-Davis, Incorporated
[Florida Department of Environmental Protection (FDEP) Grant No. LPQ0007, not to exceed $218,500.00,
as presented in Revised Exhibit 9]. Motion Carried Unanimously.
F. Administrator Ritter requested a discussion regarding the addition of a restroom facility to Block A/Park
No. 4, of FLAGLER PARK. There was not a consensus for any official action at this time.
G. Administrator Ritter explained the City had been invited to enter an Amicus Brief with other challengers as
a means to deal with the Army Corp of Engineers failure to follow mandates regarding the Water
Resources Development Act of 2000 water savings clause. The Council instructed Administrator Ritter to
thank them for the invitation but graciously decline.
VIII. CITY ATTORNEY UPDATE
• Working on Technical Review Committee code amendment;
• Compensation Study and a Medical Services Contract renewal provided to Staff;
• Request for Proposals for Auditing Services reviewed;
• Resolution with updated Residential Rates for WM progressing;
• Cattlemen's Square Opinion of Title, pending response from FDEP;
• Continuing to work on City Code Updates required due to new Charter;
• Building Permit Fee resolution is pending rewrite as an ordinance;
• Drafting ordinance banning medical marijuana dispensaries.
IX. CITY ADMINISTRATOR UPDATE
• Meeting with South Florida Water Management District to discuss the permit for Commerce Center;
• Business has expressed an interest in purchasing three lots in Commerce Park, property to be
reappraised;
• Provided an update on meeting with WM representatives, additional carts can be purchased by
customers for$24.00.
JULY 18,2023,CITY COUNCIL REGULAR MEETING, PAGE 3 OF 4
• •
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.
DRAF1 JUNE 6,2023,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4
• •
III • MINUTE FILE
'i-I 5- 3C -
Jkm:__fZf3liDEPENDENT _
Lake Okeechobee News
313 NW 4th Avenue
Okeechobee, FL 34972
863-763-3134
NEW$MEDIA INC. USA
STATE OF FLORIDA CITY OF OKEECNOBEE
COUNTY OF OKEECHOBEE PUCE
CONSIDERATION OF ALInDOPC TINGAA CITY ORDINANCE
POSTPONED FROM 7ULY 18,2023 TO AUGUST 15,2023
Before the undersigned authority personally appeared Ka- ' YGiviNaa<'s Q ot,o
trina Elsken Muros, who on oath says that she is Editor w " arT,•,,e ee,; is` m
in Chief of the Lake Okeechobee News, a weekly news- atd.d lx foviq pt7pa� Tlrefioa7iadopflo it
paper published in Okeechobee County, Florida; that the toA Is,20 23.
attached copy of advertisement, being a Public Notice in AN , �,'
the matter of A GENERAL ORDINANCES,
8 �SEW W A r�
CREATING
Public Notice NEWTOSECTD3N 58-72 USE OF PUBLIC SEWERS THE PUBLIC
SYSTEM;PROVIDING FOR CONRICT;PROVIDING FOR CODIFI-
in the 19th Judicial District of the Circuit Court of "`PROVIDING FOR AN
Okeechobee County, Florida, was published in said news
atom,Roan 100,during regiia-tuskless bars,Mcn-Fri,8 :30 PM,ex-
paper in the issues of rapt fcr trf&s,mtactthe Office dthe ay Oak staff at863-7634814.
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for the Otis recalls.ANY PERSON DECIDING TO APPEAL any de¢io
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Affiant further says that the newspaper complies with all F"'Oj'Oe1eLane ''
legal requirements for publication in Chapter 50, Florida eoebos Lai a2nozs
Statutes.
Katrina Elsken Muros
Sworn to and subscribed before me by means of
Physical Presence QX Online Notarization
physical presence or online notarization, this
2nd day of August, 2023. 2 3 ` 5 (_,
RECEiVET •.0z:\
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(Signature of Notary Public)
STAMP OF NOTARY PUBLIC