1287, No Smoking/Vaping in City Parks_CE CitationORDINANCE NO. 1287
is
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
THE CODE OF ORDINANCES AT CHAPTER 30 ENVIRONMENT; ADDING
SECTION 30-47 SMOKING AT PUBLIC PARKS PROHIBITED; PROHIBITING
SMOKING IN CITY PARKS; PROVIDING FOR ENFORCEABILITY;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Senate Bill (SB) 224 and House Bill (HB) 105 were filed in the Florida Legislature during
the 2022 Legislative Session proposing to allow cities and counties to protect the youth of
their community through the designation of smoke-free zones or designated smoking areas;
and
WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and was adopted
by the Governor on June 24, 2022, to become effective on July 1, 2022; and
WHEREAS, the City Council determines a public health and safety need to prohibit smoking within the
boundaries of City -owned parks.
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 ADOPTED.
Each of the above stated recitals is true and correct and incorporated herein by this reference:
SECTION 2: CODE AMENDED.
The City Council for the City of Okeechobee, Florida, amends herein Part II of the Code of
Ordinances, Subpart A -General Ordinances, Chapter 30 -Environment, to add the following:
Sec. 30-47. — Smoking in city parks prohibited.
No person shall vape, smoke cigarettes, or smoke other tobacco products,
except unfiltered cigars, within the public parks of the town.
SECTION 3: ENFORCEMENT.
Enforcement of this Section shall comply with Chapter 18 -Code Enforcement; Article III—
Citation Procedure.
SECTION 4: CONFLICT.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5: INCLUSION IN THE CODE.
It is the intention of the City Council, and it is hereby ordained that the provisions of this
Ordinance shall become and be made a part of the Code of the City of Okeechobee.
SECTION 6: SEVERABILITY.
If any provision or portion of this ordinance is declared by any 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: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its passage.
Ordinance No. 1287 Page 1 of 2
If applicable. language to be added is underlined.
If applicable, language to be deleted is skask-Ehreugh
INTRODUCED for first reading and set for final Public Hearing on this 5th day of March 2024. Roll Call
Vote:
Council Member Chandler:
Council Member/Vice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
ATTEST:
Lane Gamiotea, CMC, ity Clerk
Yes No Abstained Absent
X
X
X
X
`Dowling R. Wa rd,: r., Maor
PASSED AND ADOPTED after second reading and final Public Hearing this 2nd day of April 2024.
Roll Call Vote:
Council Member Chandler:
Council Member/Vice Mayor Clark
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
ATTEST:
Lane Gamiotea, CMC, ,ity Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Yes No Abstained Absent
x
x
x
x
x
Dowling R. W tford, Jr., Mayor
Ordinance No. 1287 Page 2 of 2
If applicable, language to be added is underlined.
If applicable, language to be deleted is sErask fhceugh
•
•
City of Okeechobee, Florida
Business Impact Estimate
Pursuant to §166.041, Florida Statutes
Proposed ordinance's reference and title: Ordinance No. 1287
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE CODE OF
ORDINANCES AT CHAPTER 30 ENVIRONMENT; ADDING SECTION 30-47 SMOKING AT PUBLIC
PARKS PROHIBITED; PROHIBITING SMOKING IN CITY PARKS; PROVIDING FOR
ENFORCEABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes, If one or more boxes
are checked below, this means the City is of the view that a business impact estimate is not required by state law' for the
proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any
procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be
revised following its initial posting.
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to,
any Federal, State, local, or private grant or other financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land
development regulation, including zoning, development orders, development agreements and
development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may
apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public
health, safety, morals and welfare):
The ordinance prohibits smoking and vaping in all parks located within City limits pursuant to § 386.209,
Florida Statutes, and serves the public health by reducing or eliminating the risks of exposure to
secondhand smoke to all users of the City's parks.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the
City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially
responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to
cover such costs.
None.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance:
None.
4. Additional information the governing body deems useful (if any):
The proposed ordinance is an ordinance of general applicability that applies to all persons visiting
City parks.
See Section 166.041(4)(c), Florida Statutes.
Page 1 of 1
iiDEPENDENT
NWSMEDIA INC. USA
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally appeared Ka-
trina Elsken Muros, who on oath says that she is Editor
in Chief of the Lake Okeechobee News, a weekly news-
paper published in Okeechobee County, Florida; that the
attached copy of advertisement, being a Public Notice in
the matter of
Public Notice
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said news-
paper in the issues of
03/20/24
(Print Dates)
or by publication on the newspaper's website, if authorized,
on
03/20/24. 03/21/24, 03/22/24. 03/23/24, 03/24/24, 03/25/24, 03/26/24.
03/27/24
(Website Dates)
Affiant further says that the newspaper complies with all
legal requirements for publication in Chapter 50, Florida
Statutes.
Katrina Elsken Muros
Sworn to and subscribed before me by means of
[:]Physical Presence EX Online Notarization
physicalpresence or online notarization, this
20th day of March, 2024.
�^
`• W, , e
11
(Signature of Notary Public)
STAMP OF NOTARY PUBLIC
-E COPY
Od -NO, /A-7
Lake Okeechobee News
313 NW 4th Avenue
Okeechobee, FL 34972
863-763-3134
CITY OF OKEECHOBEE PUBLIC NOTICE
CONSIDERATION OFADOP MACITYORDINANCE
NOTICE IS HEREBY GIVEN thattheGryGxrdl cf the 0tycf 0kee3t0bee
wAl oxd,rt a P,b is Hexing onApA 2, 2024, 6 PM, or as soon them
possde, atGly Hal, 555E 3rd AVE; Ron 200, Okeetnbee, R, bcorgder l
reading for adoption 0f the fdlioWng Ordnance into l2rw (No. 1287):
AN ORDINANCE OF THE Cm OF OM0400EF F10RIDA,
AMENDING THE CODE OF ORDEWXES AT CHAPTER 30 EVVI-
RONMEVT; ADDING SECTION 30-47 SMO KIM AT PLUM PARKS
PROHBB EX PROHIBITING SMOKING IN CITY PARKS PROVID-
ING FOR ENFORCEABILITY; PROVIDING FORCONFLICr PROVIIY
RVG FOR OODIFICIATIOR PROVIDING FOR SEVERABILITY; PRO-
VIDING FOR AN EFFECTIVE TATE
The pubic Is irvrte r! tD attend and be heard on al nrottem
The proposed Ordirenoe can be it /vewed in its entirety attte address
aloin, Rm 100, durig regular butires hours, Mon -Fri, 8 Ar 4:30 PM, accept
for holdays, conte 3 the Me ofthe City Oak staff at 863-76313814. R w 1l be
posted onfne one week prior m the Puhk Frig date, with the Gly Coo d
agenda rreQaeLs on the GN websibe at tttp&ffi w .dltiddoe&d .o: rW
A�I.htrN.
As re)uiel by Ronda Scot& 166.041(4Xc), the Dmess krW F3tln� is
postedaydo1aKhobmoonV c1 n�htrnl. 24, R on be viewed at t>l>ps://
BE ADVISED tthat shatd Ya intend to shoe any doaAmM pidue, video,
or iters to the GLyCourdl in sipportoropposton to any inn on the agenda,
a copy of the doaineM pchre, video, or Shan mat be pmaded to the City
Clerk for the rd=
lys rands. ANY PERSON DECIDM TO APPEAL ary de-
cision made a' d Gly G.aidl with repeY to any nethr mrsde el at tfis
rreebrg wrill reed m ergie a eebatrn renrd d 1e proceeding is made and
the rand irdrxles the testmorry and evidace L . W*b the appeal well be
basad. Ina ordance with the Anedans with OisabtlAesAct; persons viMdis-
ablites readig foal aamrr>ndaton to participate in ft X)oeedrg Jtaid
oxtactihe d(lY in person ord1863-763-9815, Meanrgg Impair:
Fbrida Rrday -1-1 no later ftn four btsinesdays prior to promeai g.
By: GlyGerk lace G niclea, 04C
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OF* Ke CITY OF OKEECHOBEE, FLORIDA
APRIL 2, 2024, REGULAR CITY COUNCIL MEETING
p MEETING MINUTES
I. CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on April 2,
2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue (AVE), Room 200,
Okeechobee, Florida. The invocation was offered by Pastor Don Hanna of First United Melhodist Church;
followed by the Pledge of Allegiance led by Council Member Chandler.
II. ATTENDANCE
City Clerk Lane Gamiotea called the roll. Members present to establish a quorum: Mayor Dowling R. Watford,
Jr., Vice Mayor Monica M. Clark, and Council Members Noel A. Chandler, Robert "Bob" Jarriel, and David R.
McAuley.
III. AGENDA AND PUBLIC COMMENTS
A. There were no modifications stated at this time. However, three pages were added to Exiibit 5, for New
Business Item VI. B.
B. Motion and second by Council Members Jarriel and McAuley, to adopt the agenda as published.
Motion Carried Unanimously.
C. There were no comment cards submitted for public partic'pation for issues not on the agenda.
IV. CONSENT AGENDA
Motion by Vice Mayor Clark, second by Council Member Chandler to:
A. Dispense with the reading and approve the Minutes for March 19, 2024 [as presented in Exhibit 1]; and
' B. Reappoint Dawn Hoover and Mac Jonassaint as regular members and Dean Murray es an alternate
member to the Planning Board, the Board of Adjustment, and the Design Review Board, terms being
May 1, 2024, through April 30, 2027 [as presented in Exhibit 2].
Motion Carried Unanimously.
V. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:02 P.M.
A. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance
No. 1287, prohibiting smoking/vaping in City Parks, adding enforcement of the policy by Code
Enforcement citation process [as presented in Exhibit 31.
Motion Carried Unanimously.
City Attorney John Fumero read into the record the title cf proposed Ordinance No. 1287 as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING THE: CODE OF
ORDINANCES AT CHAPTER 30 ENVIRONMENT; ADDING SECTION 30-47 SMOKING AT PUBLIC
PARKS PROHIBITED; PROHIBITING SMOKING IN CITY PARKS; PROVIDING FOR
ENFORCEABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Member Jarriel, to adopt proposed Ordinance No. 1287.
Mayor Watford opened the floor for public comments, there were none.
Roll Call Vote: Chandler — Yea, Clark — Yea, Jarriel — Yea, McAuley — Yea, Watford — Yea.
Motion Carried Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:04 P.M.
VI. NEW BUSINESS
A. Motion and second by Council Members Jarriel and McAuley to [award] a [Quote] to Streamline Paving
in the amount of $18,900.00 for repairing [two segments] of the asphalt on Southwest (SW) 1111, AVE
[segment one: the East 12.5 -feet (ft) from SW 2nd Street (ST) Northward 50 -ft; segment two: the West
12.5 -ft from SW 6th ST Southward 202 -ft as presented in Exhibit 4].
Motion Carried Unanimously.
APRIL 2, 2024, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 2
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`tyAFOKF'p,,L CITY OF OKEECHOBEE, FLORIDA
MARCH 5, 2024, REGULAR CITY COUNCIL MEETING
° MEETING MINUTES
CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on March
5, 2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast (SE) 3,d Avenue (AVE), Room '
200, Okeechobee, Florida (FL). The invocation was offered by Father Jim Shevlin; followed by the Pledge of
Allegiance led by Council Member Jarriel.
ATTENDANCE
City Clerk Lane Gamiotea called the roll. Members present to establish a quorum: Mayor Dowling R. Watford,
Jr., Vice Mayor Monica M. Clark, and Council Members Noel A. Chandler, Robert "Bob" Jarriel, and David R.
McAuley.
Ill. AGENDA AND PUBLIC COMMENTS
A. Modifications to the agenda were as follows: a revised agenda was published and posted on March 1,
2024; revised Minutes for February 20, 2024, were distributed via email earlier today; and, materials for
Item VI. E. were distributed at the meeting and labeled as Exhibit 7.
B. Motion and second by Council Members Jarriel and McAuley to adopt the revised agenda as amended.
Motion Carried Unanimously.
C. There were no comment cards submitted for public participation for issues not on the agenda.
IV. CONSENT AGENDA
Motion and second by Council Members Chandler and Jarrle1 to:
A. Dispense with the reading and approve the revised Minutes for February 20, 2024, [added to Exhibit 1].
Motion Carried Unanimously.
V. MAYOR WATFORD OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:03 P.M.
A. Motion by Council Member Chandler, second by Vice Mayor Clark, to read by title only, proposed
Ordinance No. 1286, merging the Police Officers' and Firefighters' Pension Funds and providing for a
retired firefighter medical stipend [as presented in Exhibit 21.
Motion Carried Unanimously.
City Attorney Greg Hyden read into the record the title of proposed Ordinance No. 1286 as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FL, PROVIDING FOR THE MERGER OF THE CITY
OF OKEECHOBEE MUNICIPAL POLICE OFFICERS' PENSION TRUST FUND, CREATED
PURSUANT TO ORDINANCE NO. 888 AS SUBSEQUENTLY AMENDED, AND THE CITY OF
OKEECHOBEE MUNICIPAL FIREFIGHTERS' PENSION FUND, CREATED PURSUANT TO
ORDINANCE NO. 889 AND AMENDED AND RESTATED PURSUANT TO ORDINANCE NO. 1229;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE."
Motion by Vice Mayor Clark, second by Council Memt)E)r McAuley, to adopt proposed Ordinance No,
1286.
1
There were no public comments, Plan Administrator, Scott Baur of Resource Center, LLC, attended
electronically via Zoom to answer questions. Clerk Gamiotea stated for the record the proposed
Ordinance and Actuarial Impact Statement were sent to the FL Division of Retirement, with no comments
received to date. Roll Call Vote: Chandler - Yea, Clark.- Yea, Jarriel - Yea, McAuley - Yea, Watford '
- Yea.
Motion Carried Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:08 P.M.
VI. NEW BUSINESS
A. Motion by Council Member Jarriel, second by Vice Mayor Clark to read by title only, proposed Ordinance
No. 1287, prohibiting smoking/vaping in City parks, adding enforcement of the policy by the Code
Enforcement citation process [as presented in Exhibit 31.
Motion Carried Unanimously.
MARCH 5, 2024, CITY COUNCIL REGULAR MEETING, PAGE 1 OF 3
383
VI. NEW BUSINESS CONTINUED
A. Continued. City Attorney Hyden read into the record the title of proposed Ordinance No. 1287 as follows:
"AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL, AMENDING THE CODE OF ORDINANCES
AT CHAPTER 30 ENVIRONMENT; ADDING SECTION 30.47 SMOKING AT PUBLIC PARKS
PROHIBITED; PROHIBITING SMOKING IN CITY PARKS; PROVIDING FOR ENFORCEABILITY;
PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE."
Motion and second by Council Members McAuley and Jarriel to approve the first reading, and set April
2, 2024, as a final Public Hearing date for proposed Ordinance No. 1287. Roll Call Vote: Chandler —
Yea, Clark — Yea, Jarriel — Yea, McAuley — Yea, Watford — Yea.
Motion Carried Unanimously.
B. Council discussed the proposed offer from Landmark Precast, LLC, to purchase Lots 17, 17A, and 17B,
CITY OF OKEECHOBEE COMMERCE CENTER, Plat Book 7, Pages 10 through 14, Okeechobee
County public records, located in the 1000 block along Northeast (NE) 12th Street (ST), in the amount of
$325,000.00 [as presented in Exhibit 4]. It was the consensus of the Council for Administrator Ritter
to renegotiate an offer starting at $450,000.000 with Landmark Precast, LLC.
C. Motion by Council Member Jarriel, second by Vice Mayor Clark to accept the offer from Advanced
Medical Sanitation Inc., to purchase the West one -acre of Tract A, CITY OF OKEECHOBEE
COMMERCE CENTER, Plat Book 7, Pages 10 through 14 [corrected from 7 through 10], Okeechobee
County public records, located in the 800 block of NE 9th ST, in the amount of $140,000.00 [as presented
in Exhibit 5].
Motion Carried Unanimously.
D. Motion and second by Council Members Chandler and McAuley to approve amending positions on the
salary, position, and job title page in the Fiscal Year (FY) 2023-24 Budget [as presented in Exhibit 6,
change Operations Supervisor 1 (1) to Operations Supervisor 1(0); and increase the number of positions
for Maintenance Foreman from (1) to (2) with a minimum salary of $53,500.00 and a midpoint of
$64,925.061.
' Motion Carried Unanimously.
E. Compare the City's current pay plan with the recommended pay plan provided by Evergreen Consulting
as presented in Exhibit 7. After discussion it was the consensus of the Council to review the final
report and discuss the implementation of the recommendations at budget workshops for FY 2024-
25.
VII. CITY ATTORNEY UPDATE
• The longevity payment ordinance rescission was sent to the City Clerk on February 22, 2024, for review.
• Continuing to work on the final updates on Stormwater Ordinance No. 1275, based on Morris-Depew's
comments.
• Working on a purchase and sale template for the City's Commerce Center property.
• The Declaration of Covenants and Restrictions for the City's Commerce Center is being reviewed to
amend.
• A right-of-way use agreement is being worked on for the owner of Lightsey's Restaurant [decorative fence
encroaching in the 100 block on the North side of Southwest (SW) 16th ST].
• Working on the revisions to remove tax payments on Cattlemen's Square Opinion of Title.
• Preparing proposed revisions to the Code of Ordinances related to Code Enforcement Magistrate's
authority to change the procedure of Hearings and time in which the fines accrue, as well as correcting
the Business Tax Receipt problem.
VIII. CITY ADMINISTRATOR UPDATE
• The repaving project for SW 5th AVE will begin next week from just South of Central Elementary School
' to South Park Street, to coordinate with Spring Break.
• Sidewalk repairs will be starting on Saturday.
• The kayak ramp has been ordered for Public Works Staff to install in Centennial Park along Taylor Creek,
without additional sidewalks needing to be constructed.
• Engineers and Architects will be visiting City Hall on Thursday taking the required measurements to begin
the bidding process for the hardening of City Hall.
• Ms. Connie Vanassche of CAS Governmental Services, LLC, the City's Lobbyist, advised the City's State
Appropriations request for hardening the Public Safety Building is still in the State's proposed budget.
• The job description for the Contracts Manager has been completed and the position will be advertised
soon.
MARCH 5, 2024, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3