2024-03-19 Exhibit 04, item IV.C.9
•
Exhibit 4
03/19/2024
OF okrp T
� 'rr► m
O
JdNew:p
MEMORANDUM
DATE: March 19, 2024
TO: Mayor & Council Members
FROM: City Administrator Gary Ritter
SUBJECT: Discussion of Parades and Council Members' Participation
The topic of participation and the cost of parades have come up on numerous occasions which is why
I am placing it on the Council Agenda for discussion. Currently the City has four parades during the
year. They are as follows:
• Speckled Perch Parade (March)
• Labor Day Parade (September)
• Homecoming Parade (September/October)
• Christmas Parade (December)
Staff and Council Member Participation in these parades has always been through informal verbal
communication at Council meetings and through email. I am requesting the Council to consider formally
committing to participating in all or a select number of these parades so we can eliminate second
guessing or miscommunication.
The Christmas Parade is the only parade in which a float is provided for the Council Members and staff.
Otherwise, we will use a Public Works flatbed truck with benches for Council Members and select staff.
Lastly, parades are costly with the number of Law Enforcement and Public Works staff that are needed
to set up, monitor, and police the route and detour. The number of staff hours is significant given that
all of the Public Works staff (10) are involved in some capacity and roughly 20 Police Officers including
auxiliary are involved. A conservative cost estimate of staff tirne alone is between $2,500 to $3,000 for
a minimum of 120 staff hours.
RESOLUTION NO.2022.08
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA; RESCINDING
RESOLUTION NO. 2019.10 CONCERNING TEMPORARY CLOSING OF STATE
ROADS FOR SPECIAL EVENTS; CREATING PROCEDURES AND FORMS FOR
SUBMISSION TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR STATE
APPROVAL FOR SUCH CLOSINGS; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Florida Department of Transportation ("FDOT") publishes promulgated rules and
procedures for an application to temporarily close state roads for special events in the Florida
Administrative Code ("FAC"); and
WHEREAS, the City of Okeechobee, Florida ("City') has previously adopted resolutions setting forth
some of these procedures; and
WHEREAS, it has been requested by the FDOT that the City update, and adopt by resolution,
additional rules and procedures for the closing of state roads for special events; and
WHEREAS, the City, as well as other organizations, have historically sought closure of State Road
70 and U.S. Highway 441/State Road 15 to conduct parades and special events for the
citizens of Okeechobee County ("County"), and continuing that tradition is in the best interests
of the City and County; and
WHEREAS, these events have historically included, but shall not be limited to, Speckled Perch
Parade, the BEa-UN-ab Labor Day Parade, the Okeechobee High School Homecoming Parade,
and the Okeechobee Main Street Christmas Festival Lighted Parade.
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. The City hereby rescinds prior Resolution No. 2019-10 and creates procedures
for temporary closings of state roads by this Resolution.
SECTION 2. This Resolution is created to conform to the current requirements of Rules 14-
65.0035 and 14-65.0075, FAC, which contains the rules and procedures to follow when
applying for temporary closing of state roads for special events.
SECTION 3. That when the City seeks to apply for a temporary closure of state roads to the
FDOT, City Staff must adhere to the following:
a. Any special event shall be approved by the City Administrator and Chief of Police,
or designee(s) in advance with approvals of pertinent department heads that
would be involved in the event, if necessary.
Prior to an application for the closing of a state road, City Staff must determine
whether the closing is necessary to conduct: the special event.
The application for closure must be submitted on FDOT form 850-040-65
(rev.12/11) or as hereafter amended and submit same to any FDOT area
operations office.
Resolution No. 2022-08, Page 1 of 2
d. The City shall submit with the application form this duly executed Resolution,
which authorizes City Staff to approve and submit the application for the special
event, along with information from the City Administrator, Chief of Police, or their
designee(s) requesting the closure which shall include the following, if requested
by the FDOT:
i. disclosing the date and time and duration of the closure.
ii, a marked map indicating the temporary detours to be utilized by the public
and showing placement of appropriate signage; the stationing of any
Officers or flagmen; and locations of cones or barriers necessary to detour
traffic in a safe and efficient manner.
e. The City Administrator, Chief of Police, or their designee(s) are authorized to
complete the application process and submit for the temporary closing of a state
road or right-of-way.
As a condition of the approval of a temporary road closure by the FDOT, the
sponsor of the special event shall obtain single event liability insurance in the
sum not less than one million dollars ($1,000,000.00), or such other amount as
deemed necessary by the FDOT, naming the FDOT as additional insured, and
indemnify and hold harmless the FDOT from and against any claim, demand,
suit, personal injury, or death. Any sponsor or organization requesting a
temporary road closure shall also execute an indemnity agreement holding the
City harmless. The policy obtained by the sponsor or organization shall be
considered primary coverage for any loss, and any self-insurance by the City
shall be considered to be secondary.
g. Nothing herein shall be construed as a waiver of the City's immunity or statutory
protection under Florida Statute Chapter 768.
SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 5. 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 herein.
SECTION 6. This Resolution shall take effect immediately upon its adoption.
INTRODUCED AND ADOPTED by the City Council of the City of Okeechobee, Florida on this 15tn
day of November 2022.
Dowling R. *atford,-Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR -LE r L SUFFICIENCY:
�M
JofKJ. Fumero, City Attorney
Resolution No. 2022-08, Page 2 of 2
. *R
RESOLUTION NO. 04-03
• A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPLEMENTING RESOLUTION NO.03-08; GUIDELINES FOR USE OF
PUBLIC PARKS OR OTHER LANDS OWNED BY THE CITY OF
OKEECHOBEE FOR CERTAIN CHARITABLE OR BENEVOLENT
ORGANIZATIONS; PROVIDING FOR AUTHORITY TO REVIEW SUCH
APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW;
PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO
FOLLOW; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there are located within the City of Okeechobee certain public parks and other
areas owned by the City of Okeechobee that are intended for, and open for use by,
the general public, with certain restrictions; and
WHEREAS, these uses change from time to time, and problems arise by certain uses that
are not anticipated, but should be the subject of regulation and control by the City
of Okeechobee for the safety and welfare of its citizens, and which requires
supplementing existing rules as necessary;
NOW THEREFORE, it is 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:
1. THAT permission for charitable or benevolent organizations, or non-profit
groups, to engage in certain activities in City parks or on City lands, is
governed by Article IV, Sections 14-141 to 14-149 of the City Code of
Ordinances, which regulations and restrictions shall be considered by
General Services whenever an application or request for use of public areas
is made, and followed accordingly.
2. THAT for any authorized use of the public parks or rights -of -way within the
City, the following regulations shall be followed, as applicable:
a. The organization or permit holder, or their designee, shall be
responsible to completely clean up the public area used by the permit,
within two days of completion of the event, unless otherwise
designated in the permit.
b. No trailers unattached to a motor vehicle shall be parked along any
street or avenue or public right-of-way, or in a marked parking spot,
unless the right-of-way is closed for the event, not otherwise blocked
off by the City. No other motor vehicles or trailers will be allowed to
park or remain on the Park grounds unless prior written approval is
obtained from the City Public Works Director or their designee, or
such vehicle or trailer is participating in an event such as a permitted
activity or car show. Any motor vehicle or trailer parked in violation of
this section may be towed by the City at the owner's expense, who
shall be liable for all towing and storage fees.
C. Golf carts, 4-wheelers or other vehicles not licensed for use on public
rights -of -way, will not be permitted on the Park grounds without prior
written approval of the City Public Works Director or their designee.
• d. Certain events, such as but not limited to parades, or those which
draw a large number of people, require significant incurring of costs
Page 1 of 2
by the City, for traffic control, crowd control, fire safety, paramedic
service, or general policing, which often requires adding personnel,
and incurring overtime labor expense. For any such event, the City
• may require the organization or permit holder to be responsible for
these additional costs, including property or personal injury damages
that may occur during the event. There will be a mandatory inspection
meeting between the Public Works Director or their designee and a
representative from the permit holder prior to and after each event.
Any additional expenses as stated above, will be billed to the
organization or permit holder, who shall pay such sum to the City.
e. For activities in Flagler Park, the use of generators for power is
encouraged, as electric outlets are limited and subject to the right of
the City to deny their use. When generators or extension cords are
used, the applicant shall cause a U.L. approved extension cord of
proper gauge to be safely attached, and routed so as to not interfere
with any pedestrian path, or in such area as may pose a risk of harm
to the public or other participants.
INTRODUCED AND ADOPTED this 16"d day of March, 2004.
James. E. Kirk, Mayor
ATTEST:
Lame Gamiote-/ City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Page 2 of 2
RESOLUTION NO. 03-8
• A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA TO
ESTABLISH GUIDELINES FOR USE OF PUBLIC PARKS OR OTHER
LANDS OWNED BY THE CITY OF OKE:ECHOBEE FOR CERTAIN
CHARITABLE OR BENEVOLENT ORGANIZATIONS; OR THE GENERAL
PUBLIC; PROVIDING FOR AUTHORITY TO REVIEW SUCH
APPLICATIONS; PROVIDING FOR STANDARDS FOR REVIEW;
PROVIDING FOR GUIDELINES FOR SUCH ORGANIZATIONS TO
FOLLOW; PROVIDING FOR INSURANCE REQUIREMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, there are located within the City of Okeechobee certain public parks and other
areas owned by the City of Okeechobee that are intended for, and open for use by,
the general public, with certain restrictions; and
WHEREAS, these functions range from large gatherings which attract many participants,
to very small groups, which may or may not cause traffic control problems, and vary
in intensity; and
WHEREAS, current regulations require the same liability insurance coverage for any such
group authorized to gather in the parks or on city lands, which creates a hardship
on the smaller gatherings;
NOW, THEREFORE, be it resolved and adopted by the City Council for the City of
Okeechobee, Florida the following resolution:
THAT permission for charitable or benevolent organizations, or non profit
groups, to engage in certain activities in City parks or on City lands, is
governed by Article IV, Sections 14-141 to 14-149 of the City Code of
Ordinances, which regulations and restrictions shall be considered by
General Services whenever an application or request for use of public areas
is made, and followed accordingly.
2. THAT for any permit or permission granted by the Department of General
Services for such activities on public lands, such permit shall be also
executed by the City Administrator, prior to such event taking place.
3. THAT most applicants for use of parks and public lands are charitable or
civic groups, who stage large events and attract many people. However,
smaller groups for prayer meetings; weddings; boy and girl scouting; and
similar type events are also authorized in parks and in public places, but are
also subject to the requirements of Article IV of the City Code.
4. THAT current regulations require the applicant for an event to procure
liability insurance in the sum of $ 1 million; the cost of which is or may be
prohibitive for smaller and more informal groups.
5. THEREFORE, for any application wherein it appears to the Department of
General Services that the participants thereof may be 100 or fewer persons,
the liability insurance requirement shall be waived. The City reserves the
• right to require the participants to execute a hold harmless agreement,
depending upon the nature and impact of the event.
Page 1 of 2
INTRODUCED AND ADOPTED this 5`h day of August„ 2003.
James. E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Jo Cook, City Attorney